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ADU2019-00006 APPROVED ADU2019 -00006 TA B RT ACCESSORY DWELLING UNIT NOTICE OF TYPE I DECISION ACCESSORY DWELLING UNIT ADU2019-00006 TALBERT ACCESSORY DWELLING UNIT IdER00-- 1120 DAYS = November 29, 2019 SECTION I. APPLICATION SUMMARY FILE NAME: TALBERT ACCESSORY DWELLING UNIT CASE NO.: Accessory Dwelling Unit(ADU) ADU2019-00006 PROPOSAL: The applicant proposes to create an accessory dwelling unit (ADU) inside of an existing single detached house. Specifically, the applicant proposes to convert a portion of an existing finished basement into a 795-square-foot ADU. Off-street parking will be provided for both the primary and accessory dwelling units. APPLICANTS: Michelle and Bruce Talbert 15058 SW Greenfield Drive Tigard, OR 97224 OWNERS: Same as applicants LOCATION: 15058 SW Greenfield Drive;WCTM 2S109DA,Tax Lot 6200 BASE ZONE: R-7: Medium-Density Residential Zone APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapter 18.220.040 SECTION H. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. ADU2019-00006 TALBERT ACCESSORY DWELLING UNIT 1 SECTION III. BACKGROUND INFORMATION Site Information: The subject property is located at 15058 SW Greenfield Drive, on the east side of SW Greenfield Drive, north of SW Summit Ridge Street, and south of SW Bull Mountain Road. The property is currently occupied by an existing single detached house, with an attached three-car garage, and paved driveway. The property is zoned Medium-Density Residential (R-7), as are adjacent properties to the north, south, and west. The adjacent property to the east is zoned Parks and Recreation (PR). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.220 Accessory Dwelling Units: 18.220.040 Standards A. Number of units. 1. A maximum of 2 accessory dwelling units are allowed per single detached house. The applicant proposes to create just one (1) ADU inside of an existing single detached house. This standard is met. 2. A maximum of 1 detached accessory dwelling unit is allowed per single detached house. A second accessory dwelling unit must be attached to the primary unit. The applicant is not proposing a detached ADU at this time. This standard does not apply. B. Size. 1. The maximum size of a detached accessory dwelling unit is 800 square feet. The applicant is not proposing a detached ADU at this time. This standard does not apply. 2. The square footage of attached accessory dwelling units may not exceed the square footage of the primary unit. The applicant proposes to convert a portion of an existing finished basement into a 795-square-foot ADU. This proposal meets the standard outlined above because the ADU is 795 square feet in size, and the primary unit is 3,969 square feet in size. This standard is met. C. Height. 1. The maximum height of a detached accessory dwelling unit is 25 feet. The applicant is not proposing a detached ADU at this time. This standard does not apply. 2. A structure containing an attached accessory dwelling unit may not exceed the maximum height for a single detached house in the base zone. The applicant proposes to convert a portion of an existing finished basement into a 795-square-foot ADU. The applicant is not proposing any changes to the building height, building footprint, or setbacks of the existing single detached house, so the building height will continue to meet the base zone limit. This standard is met. D. Setbacks.Accessory dwelling units must meet the setback standards for a single detached house in the base zone,with the exception that a detached accessory dwelling unit may be located up ADU2019-00006 TALBERT ACCESSORY DWELLING UNIT 2 to 5 feet from the rear property line if the accessory dwelling unit is less than 15 feet in height. The applicant proposes to convert a portion of an existing finished basement into a 795-square-foot ADU. The applicant is not proposing any changes to the building height,building footprint, or setbacks of the existing single detached house. This standard is met. E. Entrances. Only one attached accessory dwelling unit may have an entrance on a street-facing facade.The entrance to a second attached accessory dwelling unit must be oriented to a side or rear lot line. The applicant proposes to convert a portion of an existing finished basement into a 795-square-foot ADU. The entrance to the ADU will be on the southern side facade, and will not be located on a street- facing fagade. This standard is met. F. Parking. 1. In addition to the number of parking spaces required for the primary unit, a minimum of 1 off-street parking space must be provided for each accessory dwelling unit. Lots within 2,500 feet of a right-of-way that includes transit service are exempt from the additional parking requirement for the accessory dwelling unit. 2. An on-street parking credit may be granted for the required accessory dwelling unit parking according to the standards of Section 18.410.090. The applicant is required to provide two (2) off-street parking spaces: one (1) for the primary unit,and one (1) for the ADU.The subject property contains an existing three-car garage and paved driveway,which will provide adequate off-street parking for both the primary unit and the ADU.These standards are met. G. Home occupations. Type II Home Occupations are prohibited on a lot with two accessory dwelling units. City records for this property show no current home occupation permits on file. This standard is met. H. Accessory dwelling units in accessory structures. Accessory dwelling units may be added to accessory structures such as garages, subject to the maximum square footage and height restrictions for each,as measured using the method provided in Section 18.40.120. ■ The applicant is not proposing to create an ADU in an accessory structure.This standard does not apply. CONCLUSION: This proposal is to create an accessory dwelling unit inside of an existing single detached house, and is in compliance with the applicable requirements of this Tide. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner Final Decision: An accessory dwelling unit application is processed through a Type I procedure. As such, this decision is ADU2019-00006 TALBERT ACCESSORY DWELLING UNIT 3 final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not appealable locally, and is the final decision of the City. THIS DECISION IS FINAL ON AUGUST 6, 2019, AND BECOMES EFFECTIVE ON AUGUST 7, 2019. Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS c&tigard-or.gov. �— August 6, 2019 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee ADU2019-00006 TALBERT ACCESSORY DWELLING UNIT 4 C14 b EO EO ED rami , 0 0 0) 0) a) 0) 00 C* co co co LO U') 191-911 .8 1/2" i 31'-6 1/2" ARAM IRWIN 0503'-0"r% I I 1--- - -- -—--—- ------ —--—-- 4 '-0'- 2829 SW Bertha Blvd. Portland,OR 97239 ui—t%/I/I 1 f'�,/I I'%/i(I 1./1 Ii/I I�,%—!r'I jI eI I�i IIIIIIIIIIIIIIIIIIIIII(I II ii II 4r xdod ow (503)544-5971 aramirwin@gmail.com --------4--T--—————--------- ir----------------- Structural Engineer r PROJECT DESCRIP HUN SUMMARY ALEXIS MICHAUD,f=.E. Proposed: J, 10875 SW Avocet Ct A.Convert Portion of E)isting Finished Basement into an AqU Beaverton,OR 97007 0 Expand into and Conv�rt Unfinished Crawl Space for(1)Bp,droom ADU New Built-ins and Fireplace New Kitchen Job#:TBD B.Convert Portion of FPII Height Unfinished Crawl Space i4o Shared Entry for Additional Maln House Dwelling Area and ADU. I Legal Project (1)New Bedroom I New Laundry/Mudroom/Storage Hallway f New Library Hallway W/New Built-ins r and will be contained in existing building footprint F- X ADU Will be attacheq - t No Change to Building Footprint as Part of this Scope of Work Square Footages: 5�0 L FIN HOUSE: 4548 SF @'�2 0 ADU AR -r E NOE EA (E)M ------------ ------------------------- - 9) r 795 SF Total (N) PTAL ADU: 795 SF 'COMMON: 343 SF (N)TOTAL L J I (N)ADDITIONAL MAIN: 169 SF NET 0 -U L ed 0,M (N)TOTAL M4kIN HOUSE: 3969 SF =(E)Area-0(Added Conditio 0 r 1\ AUUtU UUNUMONED SPACE: 537SF Space)-(Space Converted t 2 3 E Common Space)-(Area :r 1= 9 Converted to ADU) 0 .2 L0 Q) - 2 - Off-Street Parking W- 0 5) -?.,o --------------, ---------...... %0 ILL RECEIV�-D -0 2LE 5 g':O L--- V JUL 3 120 8 t I NEWSHARED EqTRY AkE&. CITY OF TIG�RD L t 343 SF Total ING F PLANNINGIENGIVEER ---------r------- __q_1------/-------- Permit# t Title Site Plan I qEW MAW HOUSEkAREA 1 380 SF Total(211 SF Existin 169 SFAdded) _J \X, New (N)sHAR�D ADUA PRIMARY SIDE-ENTRY xxX/>� Version Ut / Permit L P:1 Date C? �--(N)CONCRETE STEPS Scale _498'4'�� —--—-- -—--—--—--—--—-- ---- 1/8 1' 11 X1' CITY OF TIGARD 4 I�rL F�, T_LL IL Approvedgbj PI n In . 1 ni g _ 9 AO . 5 Site Plan, raxistire Date New Initials: 01/01 0' 2' 4' APPLICANT MATERIALS RECEIVED Case #: u,2019- CityOf Tigard g JUL 3 1 2019 p COMMUNITY DEVELOPME���'�D piRT ENT � �IIY D�1 f(a�AFi� Master Land V'WGA'��Rl ion LAND USE APPLICATION TYPE ® Accessory Dwelling Unit(ADU) O Modification: O Type I O Type II O Adjustment 0 Planned Development: O Annexation O Consolidated Plan O Comprehensive Plan Map Amendment O Concept Plan O Conditional Use O Detailed Plan ❑ Downtown Design Review: O Sensitive Lands Review: O Track 1 O Track 2 0 Track 3 O Type I O Type II O Type III ❑ Home Occupation—Type II 0 Site Development Review: O Type 1 O Type II ❑ Land Partition O Subdivision O Lot Line Adjustment/Lot Consolidation O Temporary Use Permit O Marijuana Facility Permit O Urban Forestry Plan: 0 Miscellaneous: O Modification O Discretionary Review O Type II O Type III 0 Zoning Map Amendment PROJECT INFORMATION-- Project name: Brief description of project: Add two rooms, a full kitchen,hall way, mudroom, and separate entrance to the finished basement. SITE INFORMATION Location (address if available): 15058 SW Greenfield,DR Tigard, OR 97224 Tax map and tax lot number(s): Site size: Zone: APPLICANT INFORMATION Name: Michelle Talbert Mailing address: 15058 SW Greenfield City/State: Tigard,OR Zip: 97224 Phone: 503-716-8057 Email: mtalbert5@comcast.net Applicant's representative: Phone: Email: City ofTigard • 13125 SW Hall Blvd. Tigard, Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of2 PROPERTY OWNER INFORMATION Same as applicant (Attach list for additional owners) Name: Mailing address: City/State: Zip: Phone: Email: SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application,please contact the planner on duty at 503-718-2421 or tigardplanneronduty&tigard-or.gov. I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard Community Development Code. To the best of my knowledge, all the information provided within this application package is complete and accurate. V-f,� 7,-ZAL Michelle Talbert 07/31/2019 Applicant's signature* Print name Date Bruce Talbert 07/31/2019 Property owner's signature* Print name Date Property owner's signature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. STAFF USE ONLY Case No.: pplication fee: Received by: Date: Related Case(s): Determined complete by: S Date: 9 City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of2 RECEIVE® JUL 31 2019 CITY OF TIGARD PLANNING/ENGINEERING When recorded,return to: HomeStreet Bank Aft.:Post Closing 601 Union Street Suite 2000 Seattle,WA 98101.2326 800-654-10TS This is to certify that this is a TRUE and EXACT Popy of the original documents. FIDEU NA OTLE By: LOAN#:0001069856 (space Rel—This tine For Acknawlcdemtnti CASE#:48-48-6-0459125 DEED OFTRUST MIN 100047240000566835 MERS PHONE#:7-886-679-6377 DEFINITIONS Words used In multiple sections of thls document are defined below and other words are defined in Sections 3,11,13,18, 20 and 21.Certain rulas regarding the usage of words used In this document are also provided in Section 16. (A)"Security Instrument"means this document,which is dated August 2,2018, together with all Riders to this document. (8)"Borrower"is BRUCE TALBERTAND MICHELLE TALBERTASTENANTS BYTHE ENTIRETY. Borrower is the trustor under this Security Instrument. (C)'lender'Is HomeStreet Bank. Lender Is a Washington State chartered bank, organized and existing under the laws of Washington. Lenders address is 601 Union Street Suite 2000,Seattle,WA 9BI01.2326. I i (D)"Trustee"Is Fidelity National Title. - ( (E)"MERS"is the Mortgage Electronic Registration Systems,Inc.Lender has appointed MERS as the nominee for Lender for this Loan,and attached a MERS Rider to this Security Instrument,to be executed by Borrower,which further describes s the relationship between Lender and MERS,and which is incorporated Into and amends and supplements this Security Instrument.• . (F)"Note"means the promissory note signed by Borrower and dated August 2,2018. The Note states that Bdtrower owes Lender SIX HUNDREDTHOUSAND SEVEN HUNDRED SEVENTY FNE AND NOM D0""""') • •• •••• •••••••••,'•••••'•`••'•••'•••'•••,'• Dollars(U.S. $600,775.00 plus Interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt In full not later than September 1,2048. (G)"Property"means the property that is described below under the heading`Transfer of Rights in the Property." (H)"Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all surra due under this Security Instrument,plus Interest. OREGON-Single Gaa*-Fannie Mae/Fraddle Mac UNIFORM iNSrRUMENT Form 30381/01 Initials Etna Mac,Inc Page 1 of 10 OREOEED 0518 rOREDEfD(CM 0810117018 04:52 PM Psi LOAN#:0001069855 (1) "Alders"means all Riders to this Security Instrument that are executed by Borrower.The following Ridefs are to be exeanad by Borrower[check box as applicable]: ❑Ad(ustabte Rate Rider Q Condorninium Rider 0 Second Home Rider E)Balloon Rider 9 Planned Unit Development Rider W V.A.Rider ❑1-4 Family Rider ❑Biweekly Payment Rider ©Mortgage Electronic Registration Systems,Ina Rider ❑Other(s)(specify] (J) Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinances and admhr, istrative rules and orders(that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (K)"Community Association Dues,Fees,and Assessments"means all dues.fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (L) "Electronic FundsTransfer"means any transfer of funds,other than a transactlan originated by chacK draft,or similar paper Instrument,which Is initiated through an electronic terminal,telephonic instrument,computer,or magnetic tape so as to order,instruct,or authorize a financial Institution to debit or credit an account.Such term includes,but is not Itmfted to, poinW-safe transfers,automated teller machine transactlons,transfers initiated bytelephone,wire trensfem and automated clearinghouse transfers. (M)"Escrow Items"means these tterns that are described in Section 3. (N)"Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party(other than insurance proceeds paid under the coverages described in Section 5)for.n damage to,or destruction of, the Property;(ii)condemnation c other taldrng of all or any part of the Property,(l)conveyance In Ifeu of condemnation;or (iv)misrepresentations of,or omissions as to,the value and/or condition of the Property. (0)"Mortgage Insurance"means Insurance protecting Lender againstthe nonpayment of,or detault on,the Loan. (P)"Periodic Payment"means the regularly scheduled amount due for Q)principal and Interest under the Note,plus (fl)any amounts under Section 3 of this Security Instrument (0)"Ri:SPA"means the Real Estate Settlement Procedures Act(12 U.S.C.§2601 at seq.)and its implementing regulation, Regulation X(12 C.F.R.Part 1024),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject malter.As used in this Security Instrument,'RESPA"refers to an requirements and restrictions that are Imposed in regard to a'federally related mortgage load even it the Loan does not qualify as a "federally related mortgage load under RESPA. (R)"Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrowers obligations under the Note and/orthis Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender.(i)the repayment of the Loan,and all renewals,extensions and modlliealions of the Note;and(I)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower irrevocably grants and conveys to Trustee,In trust,with power of sale,the following described property located in the County of Washington [Type of Recorelrq oil (Nems or Rawrding Jurisdicilaol: Lot 39,SUMMIT RIDGE,In the City ofTfgard,County of Washington and State,of Oregon APN#: R2132408 which currently has the address of 15058 SW Greenfield Dr,Trgard, preetl Icy] Oregon 97224 CPmpertyAddress"): Imp Code] TOGETHER WITH elf the Improvements now or hereafter erected on the property,and all easements,appurtenances, and fatures 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 Borower is lawfully seised of the estate hereby corrveyed and has the right to grant and convey the Property and that the Property Is unencumbered,except for encumbrances of record.Borrower warfants and will defend generally the Me 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-unttorn covenants wfth flmlted variations by jurlsdicton to constitute a uniform securtty instrument covering real property. OREGON-9ingta Family-Forma MadRedAe Mx UNIFORM OtSMMENT four,3038 tl01 initlal$, Ellie Mae,Ina Page 2 of 10 OFIEDEEQ ossa OREDEED(CI.SI Oaret201 a 04:52 PM PST LOAN#:0004069855 UNIFORM COVENANTS.Borrower and Lander covenant and agree as follows: 1. Payment of Principal,interest,Escrow Items,Prepayment Charges,and Late Charges.Borrower shall pay when due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late charges due under the Note.Borrower shall also pay funds for Escrow hems pursuant to Section 3.Payments due under the Note and this Security Instrument Shan be made in U.S.cunency.However,if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lander unpaid,Lender may require that any or ail subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender.(a)cash;(b)money order,(c)certified check,bank check,treasurers check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,Instrumentality,or erift or (d)Electronic Funds Transfer. Payments are deemed received by Lender when received atihe location designated in the N ole or at such other location as may be designated by Lander In accordance with the notice provisions in Section 15.Lender may return any payment or partlal payment if the payment or partial payments are insufficient to bring the Loan current-Lander may accept any payment or partial payment insufficient to bring the Loan current,without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted.If each Periodic Payment is applied as of Its scheduled duo date,than Lender need not pay interest on unapplied funds.Lender may hold such unapplied funds unbi Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time.Lender shall either apply such funds or return them to Borrower.If not applied earlier,such funds will be applied tithe outstanding principal balance underthe Note immediately prior to foreclosure.No offset or calm which Borrower might have now or in the future against Lendar shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds.Except as otherwise described in this Seotlon 2,all payments accepted and applied by Lender shah be applied in the following order of priority:(a)interest due under the Note;(b)principal due under the Note;(c)amounts due under Section 3.Such payments shall be appllad to each Periodic Payment in the order in w1hlch it became dua.Arry remaining amounts shall be applied first to late charges,second to any other amounts due under this Security instrument,and then to reduce the principal balance of the Note. If tender receives a payment from Borrower for a dehnquent Periodic Payment which Includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments 0,and to the extent that,each payment can be paid In fulf.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments,such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due underline Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid In fult,a sum(the"Funds)to provide for payment of amounts due for.(a)taxes and assessments and other items which can strain priority over this Security Instrument as a Tien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property.if any,(c)premiums for arty and all insurance required by Lender under Sec- Von eation 5;and(d)Mortgage Insurance premiums,if any,orany sums payable by Som;wer to Lender In lieu of the payment of Mortgage Insurance premiums?n accordanca with the provisions of Seclion 10.These iterms are catied'Escrow Items.'At ohglnatlon or at any time during the term of the Loan,Lender may require that Community Association Dues,Fees,and Assessments,4 any,be escrowed by Borrowor,and such dues,fees and assessments shall be an Escrow Item.Borrower shall promptly fumish to Lender all notices of amounts to be paid under this Section Borrower shall pay Lender the Funds for Escrow items unless lender wafvas Borrower's obligation w pay the Funds for arty oral Escrow hems.Lender maywaive Borrowers obligation to pay to Lender Funds for any er all Escrow hems at any time.Any such waiver may only be in writing. In the event of such waive,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lenderand,II tender requires,shall turnsh to Lender receipts evidencing such payment within such time period as Lender may require.Scrrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrasa'covenam and agreement'is used in Section 9.If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower faits to pay the amount due for an Escrow item,Lender may exercise its rights under Sacrist 9 and pay such amount and Borrower shall then be obngated under Section 8 to repay to tender any such amount Lender may revoke the waiver as to any or all Escrow hems at any time by a notice given In accordance with Section 15 arid,upon such revocation,Borrower Shan pay to Lender an Funds,and in such amounts,that are than required underthis Section 3. Lender may,at any time,collect and hold Funds In an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates Of expenditures of future Escrow Items or otherwise in accordance with Applicable taw. The Funds shall be held in an Institution whose deposks are insured by a federal agency,instrumentality,or entity (Including Lender,If Lender is an institution whose deposits are$O Insured)or in any Federal Home Loan Bank Lender shalt apply the Funds to pay the Escrow Items no later than the time specified under RESPA.Lender shah not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.UNess an agreement is made in writing or Applicable Law requires interest 10 be paid on the Blinds,Lender shall not be required to pay Borrower any Interest or earnings on the Funds.Borrower and Lender ran agree in writing,however,that Irdarest shall be paid on the Funds.Lender shall give to Borrower,without charge,an annual aocounling of the Funds as mqufrsd by RESPA. it there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA.If there is a shortage of Funds held In escrow,as defined under RESM Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the-shortage OREGON-Single Famrty-Fannie Madfreddie Mac UNIFORM IN51RUMEHr Form 3031/01 Initials:D4-'=- Ewe Mae.Inc Page 3 of 10 OREOEEO We 1 OREDEE (CLS) 08x012078 D6;;22 PP M PST LOAN#r 0001069856 In accordance with RESPA.but In no more than 12 monthly payments.If there is a deficiency of Funds held In escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Bommershall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no mora than 12 monthly payments. Upon payment In full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines,and Impositions attributable to the Propertywhich can attain priority overthis Security Instrument,leasehold payments orground rents on the Property,it any, and GommunityAssoc'ston Dues,Fees,and Assessments,#any To the extent that these items are Escrow hems,Borrower shall pay them in the mannerprovidad in Section 3. Borrower shall promptly discharge any Fen which has priority ovorthls Security Instrument unless Borrower.(a)agrees In writing to the payment of the obligation secured by the Ron in a manner acceptable to Lender,but only so Long as Bor- rower is performing such agreement;(b)contests the lien In good faith by,or defends against enforcement of the flan in. Legal proceedings which to Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the Fen an agreement satisfactory to Lender subordinating the Gen to this Security InsbumenL If Lender determines that any part of the Property Is subject m a lien which can attain priority over this Security instrumenk Lendermay give Borrower a notice Identifying the Gen,within 10 days of the date on which that notice Is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrowerto pay a one-time charge for a real estate tax verification and/or reporting service used i by Lender in connection with this Loan. I 5. Property Insurance.Borrower shall keep the Improvements now existing or hereafter erected on the Property i insured against loss by fire,hazards Included within the term"extended coverage,"and arty other hazards Including,but not limited to,earthquakes and floods,for which Lender requires insurance.This insurance shat be rnaintained in the amounts(including deductible levels)and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change during the tens of the Loan.The insurance carder providing the insurance shaft be chosen by Borrower subject to Lenders rigM to disapprove Borrowers choice,which right shall not be exercised unma- sonably.Lender may require Borrower to pay,in connection with this loan,either.(a)a ona-time charge for flood zone determination,certification and tracking services;or(b)a one-time charge for flood zone delerminatron and certification services and subsequent charges each Ome remappings or similar changes occur which reasonably might affect such determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resuWng from an objection by Sommer. If Benowerfalia to maintain arty of the coverages described above,Lender may obtain insurance coverage,at Lender's option and Borrowers expense.Lender is under no obligation to purchase any particular type or amount of coverage. Therefore,such coverage shall cover Lender,but might or might not protect Borrower,Sonower's equity In the Propertyy, or the contents of the Property,against any risk,hazard or liability and night provide greater or lesser coverage than was previously In effect Borrower acknmledgas that the cost of the insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice from Lenderm Borrower requesting payment. Alf insurance policies required by Lender and renewals of such policies shall be subject to lenders right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional loss payee.Lendershall have the right to hold the policies and renewal certifloaten-If Lender requires,Borrower shall promptly give to Lander all receipts of paid prerniums and renewal notices.if Borrower obtains any form of Insurance coverage,not otherwise required by Lender,for damage to,or destruction of,the Property,such policy shall include a standard mortgage clause and shall ram Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt noUos to the insurance carrier and Lender,lender may make proof of loss If not made promptly by Borrower.Unless Lender and Borrower otherwise agree in writing,any insurance proceeds, whether or not the urdertying insurance was required by Lender,shall be applied to restoration or repair of the Property,tithe restoration or repair is economically feasible and Lenders security is not lessened.During such repairand restoration period, Lendershan have the right to hold such insurance proceeds unlit Lander has had an opportunity to Inspect such Property to ensure the work has been completed to Lenders saflsfacton,provided that such impaction shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work Is completed.Unless an agreement Is made In wrong orApplIcable Law requires interest to be paid on such hsurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds.fees for public adfusters, or other third partes,retained by Borrower shall not be paid out of the insurance proceeds and shah be the sole obligation of Borrower.If the restoration or repair is not econornically feasible or Lenders security,would be lessened,the Insurance proceeds shall be applied to the sums secured by this Security instrument,whether or not then due,with the e>oess,if any, paid to Borrower.Such insurance proceeds shall be applied in the order provided for In Section 2. If Borrower abandons the Property lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the Insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given.In either evert,or if Lenderacqulres the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrowers rights to any Insurance proceeds in an amount notto exceadthe amounts unpaid under the Note or this Security Instrument, and(b)any other of Bonewer5 rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property,instar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy.Borrowershall occupy,establish,and use the Property as Bonowees principal reskfencewithin 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowers principal residence OREGON-Sirghe Fwofly-Fermle Madfi-eddhe Mac UNIFORM INSTRUMENT Form 3038 IM Initials:A OREMED 0516 Elf.We,Int - Page A of 10 ORmEED(CLS) t' OM1=18 04:52 PM PST LOAN p:0001069856 for at least one year after the date of occupancy,unless Lander otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless axlenuating circumstances exist which are beyond Borrower's control. 7. Preservation,Maintenance and Protection of the Property;inspections.Bormwershall not dastnry,damage or Impair the Property,allow the Property to deteriorate or commit waste on the Property.Whether or not Borrower is residing in the Property,Borrower shall maintain the Property In order to prevent the Property from deteriorating or decreasing in value due to its condition.Unless his determined pursuant to Section 5 that repair or restoation is not economically feasible.Bor- rower shaft promptly repair the Property K damaged to avoid further deterioration or damage.If insurance or condemnation proceeds are paid in connection with damage to,or the taking of,the Property,Borrower shall be responsible for repairing or restoring the Property only K Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration,In a single payment or In a series of progress payments as the work is completed.If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not reeved of Borrower's obilgation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property.If it has reasonable cause, Lender may Inspect the interior of the improvements on the Property.Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable rause. S. Borrower's Loan Application.Borrower shall be in default 1,during the Loan application process,Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading,or Inaccurate Information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan.Material representations Include,but are not limited to,representations concerning Borrower's occupancy of the Properly as Borrower's principal residence. 9. Protection of Lender's interest In the Property and Rights Under this Security Instrument.N(a)Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument(such as a proceed- Ing in bankruptcy,probate,for condemnation or forfeiture,for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),or(c)Borrower has abandoned the Property,than Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,inciuding protecting and/or assessing the value of the Property,and securing and/or repairing the Property.Lender's actions can include,but are not limited to:(a)paying any sums secured by a Gen which has priority over this Security Instrument;(b)appearing in court;and(c)paying reasonable attomeyefees to protect Its interest in the Property and/or rights under this Security Instrument.Including its secured position In a bankruptcy proceeding.Secur• ing the Property includes,but is not limited to,entering the Property to make repairs,change lucks,replace or board up doors and windows,drain watartrom pipes,eliminate building orother code violations or dangerous conditions,and hava utilities turned on or off.Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so.it is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lander under this Section 9 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note ate from the date of disbursement and shall be pay- able, ayable,with such interest,upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold.Borrower shall Comby with all the provisions of the lease.Borrower shall not surrender the leasehold estate and Interests herein conveyed or terminate or cancel the ground lease.Borrower shall not,without the express written consent of Lender,after or amend the ground lease.C Borrower acquires fee title to the Property,the leasehold and the fee thle shall not merge unless Lender agrees to the merger in writing. 10.Mortgage Insurance.if Lender required Mortgage Insurance as a condition of making the Loan,Borrower shall pay the premiums required to maintain the Mortgage Insurance in eOecL b,for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage Insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,from an alternate mortgage insurer selected by Lender.If substantially equivalent Mortgage Insurance coverage is notavailable,Bonowershaii continue to pay to Lender the amount of the separately designated payments that were due when the Insurance coverage ceased to be in affect.Lender will accept,use and retain these payments as a ran-refundable loss reserve in Gau of Mortgage Insurance.Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid In full,and Lender shall not be required 10 pay Borrower any interest or earnings on such loss reserve.Lender can no longer require less reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated payments > toward the premiums for Mortgage Insurance.It Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make sepaatey designated payments toward the premiums tot Mortgage fnsurance,Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable toss reserve, until Lender's requirement for Mortgage Insurance ends In accordance with any written agreement between Borrower and i Lender providing for such termination or until termination is required by Applicable Law.Nothing in this Section 10 affects t Borrower's obligation to pay Interest at the ate provided in the Note. 3 Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may Incur K Borrower P does not repay the Loan as agreed.Borrower is not a parry to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agree- ments with other parties that share or modify their risk,or reduce losses.These agreements as on terms and conditions that ala satisfactory to the mortgage insurer and the other party(or parties)to these agmements.These agreements may require the mortgage insurer 10 make payments using any source of funds that the mortgage insurer may have available (which may Include funds obtained from Mortgage insurance premiums). As a result of these agreements.Lender,any purchaser of the Noe,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage Insurer's OREGON-Single Fnrnily-Fannle Mae/Poarrdie Mac UNIFORM INSTRUMENT Form 3034 lMl initials: Elle,Mae,Inc Page 5 of 10 oOREEE�o EE0 iCs r' asiol2ol8 06:52 PM PST a � k LOAN*-0001069856 risk,or reducing losses.If such agreement provides that an affirrate of Lendertakes a share of the insurers riskinexchange for a share of the premiums paid to the Insurer,the arrangement is often termed"captive rolnsurance!Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other teens of the Loan.Such agreements will not increase the amount Borrower will owe for Mortgage fnsurance,and they will not entitle Borrower to any refund. (b)Any such agreements will not affect the rights Borrower has-If any-with respect to the Mortgage insur- ance under the Homeowners Protection Act of 1998 or any other Iaw.These rights may include the tight to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage frvsurance terminated atrtomathcafty,and/or to recelve a refund of any Mortgage Insurance premlums that were unearned at the time of such can collation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture.Ali Miscellaneous Proceeds are hereby assigned to and shall be paid to lender. tl the Property is damaged,such Miscellaneous Proceeds shag be applied to restoration or repair of the Property,M the restoration or repair is economic*feasible and Lenders security a not lessened.During such repair and restoration period,Lender shall have the rightw hold such Miscellaneous ProceedS until Lender has had an opportunity to inspectsuch Property to ensure the work has been completed to Lenders satisfaction,provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration In a single disbursement or in a series of progress payments as the work is complated.Unlessan agreement is made In writing or Applicable Law requires interest to be paid on such Miscel- laneous Proceeds.Lender shag not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. 'I If the restoration or repair is not economfCanyfeasible or Lenders security would be lessened.the Miscellaneous Proceeds 1 shell be appiiea to in sums secured by this Security Instrument,whether or not then due,with the excess,if arty,paid to Borrower.Such Mlscellaneous Proceeds shall be applied in the order provided for in Section Z. In the event of a total taking,destruction,or loss In value of the Property,the Miscellaneous Proceeds shali be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,W any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the tali market value of the Prop- erty immediately betore the partial faking,destruction,or loss In value is equal to or greaterthan the amount of the sums secured by this Security Instrument Immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree In writing,the sums secured by this Securtty Instrument shall be reduced by the amount of the Miscellaneous Proceeds mUtplled by the following traction,(a)the total amount of the sums sectred Immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediatety before the partial taking,destruction,or loss in value,Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss In value of the Property in which the fair market value ofthe Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sures secured imrnedately before the partial taking,destruction,or loss In value,unless Borrower and Lender otherwise agree in writing,the Miscet- laneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower,or it,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower falls to respond to Lender within 30 days after the date the notice Is given,Lender Is authorized to contact and apply the Miscellaneous Proceeds eltherto restoration or repair of the Property or to the sums secured by this Security Instrument,whether or notthen due.'Oppesing Party-means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action In regard to Miscellaneous Proceada Borrower shall be In default if any action at proceeding,whether civil or edminal,R begun that,in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lenders interest in the Property or rights under this Security Instrument Borrower can cure such a default and,it acceteration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,in Lenders judgment,precludes forfeiture of the Property or other material Impairment of Lender's interest in the Property or rights under this Security instrument The proceeds of any award or claim for damages that are attributable to the impairment of Landers Interest In the Property are ! hereby assigned and shali be paid to Lender. 1 All Miscellaneous Proceeds that are not applied to restoration or repair of the Property Shan be applied in the order provided for in Section 2. 12.Borrower Not Released;Forbearance By Lender Not a Walvar.Extension of the Time for payment ormodifindon of amortization of the sums secured by this Security Instrument granted by Lenderto Borrower or any Successor In Interest of Borrower shall not operate to release the liability of Borrower or any Successors In interest of Borrower.Lender shall not be required to commence proceedings against any Successor In Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the suras secured by this Security Instrument by reason of any demand made by the original Borrower or arty Successors in Interest of Borrower.Any forbearance by Lender In exercising any rightor remedy including,without limitation,Lenders acceptance of payments from third persons,entitles or Successors in Interest of Bor- rower or in amounts less than the amount then due,shalt not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several Liability;Co-signers;Successors and Assigns Bound.Borrower covenants and agrees that Borrowers obligations and liability shall be joint and several.However,any Bormwerwho oc,s gds this Security Instrument but does not execute the Note(a'oe-signer):(a)is co-signing this Security Instrument only to mortgage,grant and convey the oo-signers Interest in the Property under the terms of this Security Instrument:(b)Is not personally obligated to pay the sums secured by"Security Instrument and(c)agrees that Lender and any olher Bonowercan agree to extend,modify,forbear or make any aocommodal3ors with regard to the terms of this Security instrument orthe Note wtthoutthe cosigners consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrowers obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrowers rights and benefits under this Security fnstrumenLBorrower shall not be released from Borrowers obligations and liability underthis Security Instrument unless Lender agreas to such release in writing.The covenants and agreements of this Securtty Instrument Shan bind(except as provided in Section 20)and behefd the successors and assigns of Lender. 14.Loan charges.Lender may charge Borrower fees for services performad kr connection with Borrower's default, for the purpose of protecting Lenders Interest in the Property and rights under this Security instrument,including.but-n-o^t OREGON-Single Fom7x-Fannie MadFr#ddic Met UNIFORM INSTRUMENT 3038110n Infdais:CRlrL--- EDEED 0519 She M=e,Ina Page 0 of 10 ORMEED(OLS) OO.b112118 e4-'82 Ptd Pyr 1 LOAN#:D001089856 i limited to,attorneys'fees,property Inspection and valuation few,In regard to anyothertees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Securfty Instrument or by Applicable Law. If the Loan Is sub(ect to a law which sets maximum loan charges,and that law Is finally Interpreted so that the Interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted In*,,and(b)any sums already collected from Borrower which exceed ad permitted tlmrts 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(whether or not a prepayment charge Is provided for under the Note).Borrower's acceptance of any such refund made by direct payment to Bonowerwill constitute a waiver of arry rfght of action Borrower might have arising out of such overcharge. 15.Notices.All notices given by Borrower or Lender In connection with this Security Instrument must be in writing.Arry notice to Borrower in connection with this Securfty Instrument shrill be deemed to have been given to Borrowerwhen mailed by first class malt orwhen actual3y delivered to Borrowers notice address'rfsent by other means.Notice to anyone Borrower shall constitute notice to ell Borrowers unless Applicable Law expressly requires otheiwise.The notice addrese shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender,Borrower shall promptly notify Lender of Borrowers change of addrass.If Lender specifies a procedure for reporting Borrowers change of address, then Borrower shall only report a change of address through that specified prooedu re.Th ere may be only one designatad notice address under this Security instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing i[by first class mall to Lender's address stated herein unfess Lender has designatad another address by notice to Borrower.Any notice In connection with this Security Instrument shall not be deemed to have bean given to Lender until actualty recalved by Lender,If any notice requlred by this Security Instrument Is also required undergpplicable Law,the Applicable Law requirement will so"the corresponding requirement underthis Security Instrument. 16.Governing Law;Severability;Rules of Construction.This Security Instrument shall be govern ad by federal law and the law of the jurisdiction in which the Property Is located-All rights and obligations oontalned In this Security Instru- ment are subject to any requirements and limitations of Applicable Law Applicable Law might expk&ty or implicitly allow the parties to agree by contract or h might be silent,but such silence shall not be construed as a prohibition against agfeement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Appfcable Lax; such conflict shelf not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used In this Security Instrument:(a)words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender:(b)words in the singular shall mean and include the plural and vice versa;and (c)the word"may'gives sole discretion without any obligation to take any action. 17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18.Transfer of the Property or a Beneficial Interest In Borrower.As used in this Section 18,9nterestin the Pmpery means any legal or beneficial interest in the Property,including,but not limited to,those beneficial Interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the Intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial Interest In Borrower is sold or transferred)without Lender's prior written consent,Lender may require Immediate payment in full of all sums secured by this Security instrument However,this option shall not be exercised by Lender It such exercise is prohibited by Applicable Law, It Lender exercises this option,Lender shall give Borrower notice of acceleraton.The notice shall provide a period of not less than 30 days from the date the notico is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security InstrumarrL if Borrower fails to pay those sums priorlo the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument wtthotrt further notice or demand on Borrower. ts.Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions,Borrower shag have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of:(a)five days before sale of the Property pursuant to any powerctsale contained in this Security instrument;(b)such otherperiod as Applicable Law might specify lorthe termination of Borrower's right to reinstate;or(c)entry of a Judgment enforcing this Security lnsbtr ment,Those conditions are that Borrower.(a)pays under all sums which then would be due underthls Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements:(c)pays an expenses Incurred in enforcing this Security Instrument,including,but not limited to,reasonable altomeys'fees,property inspection and valuation fees,and other fees incurred for the purpose of protecting Lenders Interest in the Property and rights under this Security Instrument and(d)takes such action as Lender may reasonably require10 assure drat Lenders interest in the Property and dghts under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses In one or more of the following forms,as selected by Lender.(a)cash;(b)money order,(c)certified check,bank check,treasurer's check or cashier's check,provided any such check Is drawn upon an institution whose deposits are insured by a federal agency,Irlstrurnen talfty or entity;or(d)Sectronic Funds Transfer.Upon reinstatement b0'Borrower,Ithis Security Instrument and ebligatiors secured hereby shall remain fully effective as if no acceleration had occurred.However, this right to reinstate shelf not apply in the case of acceleration under Section 1& 20.Sale of Note;Change of Loan Servicer;Notice of Grdevance.The Note or a partial interest In the Nota(together with this Security instrument)can be sold one or more times without prior notice to Borrower.A safe might result In a change in the entity(known as the"Loan Servicerl that collects Periodic Payments due under the Note and this See^ Instrument and perforins other mortgage loan servicingobiigations under the Note,this Security instrument,andApplicabfe Law.There also might be one or more changes of the Loan SeMoer unrelated to a sale of the Nota If there is a change of the Loan Servicer,Borrowerwlg be grven written notice of the change which w81 state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires In connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Leen Senticer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be OREGON—Single r-entity—Forme MaNFleddie Mac UNIFORM INSTRUMENT Form 8038 V01 it ltialS:ORW GED Oslo Ellie Mae,Inc. Page 7 of 10 ORIDEEP(CLS) r' 08MI2018 04:52 PM PST LOAN tit 00010139858 transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the NOW purchaser. Ne7ther Borrower nor Lender may commence,join,or be joined to any judcial action(as either an individual ltlgant or the member of a Gass)that arises from the other partys actions pursuant to this Security Instrument or that alleges that the other parry has breached any provision of,of any duty owed by reason of,this Security Instrument until such Borrower or Lender has notified the other party(with such notice given In compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action.If Appllcable Law provides a One parted which must elapse before certain action can be taken,that time period wli be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and opportunity to cure given to j Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20, 21, Ha=dousSubstances.AsusedinthisSeadon21:(a)'HazardousSubslances"amIficseSubstancesdefinedas r toldcorhazardoussubstaness,pogutants,orwas(esbyErlNronmentsiLawandlhefollowingsubstanceTgasollne,kerosene, other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials;(b)•Errvironmental LOW means federal laws and laws of the jurisdiction where the Property is located that relate to health,safety or environmental protection;(c)-Environmental Cleanup'indudes any response actlon,remedial action,or removal action,as defined in Environmental Law;and(d)an'Environmental Condition' means a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or parmlt the presence,use,disposal,storage,or retease of any Hazardous Substances,or threaten to release any Hazardous Substances,on or In the Property.Borrowor shall not do,nor allow anyone else to do, anything affecting the Property(a)that is in vlelation of any Environmental Law,(b)which creates an Environmental Condo- tion,or(c)which,due to the presence,use,or release of a Hazardous Substance,creates a condition that adversely affects the value of the Property.The pracedmg two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generaIly recognized to be appropriate to normal residential uses and to maintenance of the Property(Including,but not limited to,hazardous substances In consumer products). Borrower shalt promptly give Lender wrliten notice of(a)any Investigation,claim,demand,busult orother action by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental Condition,Including but not limited to,any Spilling, leaking,discharge,release or threat of ral ease of any Hazardous Substance,and(c)any condition caused by the presence, t use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower Teams,or Is notified by any governmental or regulatory authority,or any private parry,that any removal or other ramedation of any Hazardous Substance affecting the Property Is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree asfoflm . 22.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 Section 18 unless Applicable Lew provides othenvise).The notice shall specify:(a)the default;(b)the action required to orae - the defaUtt;(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 accel- oration of the sums sectored by this Securlty 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-exWtence of a default or any other defense of Borrower to acceleration and sale.It 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 withoutfurther demand and may invoke the power of sale and any other remedies permitted by Applicable Law.Lender shall be entitled to coflec all expenses incurred in pursuing the remedies provided in this Section 22,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 0 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 AppIF cable Law.After the thne required by Appffcable Law,Trustee,without demand on Borrower,shall sell the Property at public auctlon 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 detarmines.Trustee may postpone sate of all or arty parced of the Property by public announcement at the time and place of any previously scheduled sale.Lender or las designee may purchase the Property at any safe. Trustee shall deliver to the purchaserTntstee's dead conveying the Property without any covenantor warranty, expressed or implied.The recitals In theTrustee's deed shall be prima facie evidence of the truth of the stafemerrts 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 attomeys'fees;(b)to all sums secured by this Security Instrument;and(c)any excess to the person or persons legally entitled to iL 23.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 an notes evidencing debt Secured by this Security lnstrument to Trustee.Trustee shalt reconvey the Property without warranty to the person or persons legally armed to it Such person or-persons shall pay any recordation costs.Lender may charge such person or persons a fee for reconveying the Properly,but only If the fee is paid to a third party(such as the Trustee)for services rendered and the charging of the fee Is permitted under Applicable law. 24.Substitute Trustee.Lender may tmm time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder.Without conveyance of the Property,the successor trustee shall succeed to all the MO.power and dubes ccriferred upon Trustee herein and by Applicable Law. o eaoN-Sangre Famty-Fannia Mu%T eddle Mac UNIFORM INSTRUMENT Fern 30381 rot Initials:�Q EJli Maa,Ira; Page 8 Of 10 OREOEtD 0518 r aREDMD(cls) oarotrzata c4:52 PM PST I LOAN A:0001069656 25.Attomeys'Fees_As used in this Security Instrument and in the Note,attomeys'fees shall Include those awarded by an appellate court 26. Protective Advances.This Security Instrument secures any advances Lender,at Its discretion,may make under Section 9 of tints Security Instrument to protea Lendar's interest in the Property and rights under this Security Instrument. 27. Required Evidence of Property Insurance. WARNING Unless you provide us wqh evidence of the Insurance coverage as required by our contract or ban agreement, we may purchase insurance at your expense to protect our Interest This insurance may,but need not also protect your interest.If the collateral becomes damaged,the coverage we purchase may riot pay arty claim you make or any claim made against you.You may later caneel this coverage by providing evidence that you have obta ned property coverage elsewhere. You are responsible for the cost of any insurance purchased by us.The costotthis Insurance may be added to your contract or loan balance,It the cost is added to your contract or loan balance,the interest rate on the undarfying j comract or loan will apply to this added amounLThe effective date of coverage may be the date your prior coverage lapsed or the date you failed to provide prod of coverage. The coverage we purchase may be oonsideraby more expensive than insurance you can obtain on your own and may not satisfy any need for property damage coverage or any mandatory liability insurance requirements imposed by Applicable Law. BY SIGNING BELOW,BormNmer accepts and agrees to the terms and covenants contained In this Security Instrument j and in any Rider executed by Sonower and recorded with it. ?lt�lsaa4 BRUCETALBERT DATE (Seal) MICHELLE TA LB ERT 'GATE OREGON-Single Fahy-Fannie MmiFreddie Mac UNIFORM INSTRUMENT Form 3038 Vol Initials:L� El1k Mae,Inc Page 9 of 10 ORfiOEED 0618 OREDEED(CLS? 0&012019 04:62 PM PST A LOAN t.0 0 01 069 865 State of (d County of AlIV6 This instrument was acknowledged before me on iQ�L{ZU�r 3��l by BRUCE TALBERTAND MICHELI_ETALBERT. gHs�'w,, Signa re of Notarial Officer o�0? a+ pro°�pSARY Fe 'i v6(/Vz-19 Tide(and Rank) _ £ : PUBLIC 'a �/ ja a My commission expires: ol. �„-4 9 .02�.. ?o Lender.HomeStreet Bank NMLS ID:417396 Loan Originator:Brent Palmer NMiS ID:716326 f OREGON-Single ra y-Fannls MadFredale Mn UNIFORM INSTRUMENT Fane 30381/01 to Rials: Ellie Mae,Ina Page 10 of 10 OREDEED D318 oREDEED JUS) 0&05207804:52 PM PST M' C ADU Application Written Statement of Approval Criteria and Narrative Address: 15058 SW Greenfield Dr. Tigard, OR 97224 Homeowner: Michelle Talbert RECEIVED Applicant: Daniel Keller/Aram Irwin Historic Home Design Proposal: (1) Attached (internal) ADU JUL 31 2019 CITY OF TIGARD SECTION is 18.220.040 Standards PLANNING/ENGINEERING A. Number of Units: 1. Development Code allows a maximum of (2) accessory dwelling units per single detached house. Proposal is to add (1) attached (internal) ADU to (1) existing single detached house. 2. A maximum of(1) ADU may be detached and the second unit must be attached to the primary dwelling. Proposal is to have (1) attached (internal) ADU; standard not applicable. B. Size 1. The maximum size of a detached ADU is 800 SF. No detached ADU proposed. 2. The square footage of the attached accessory dwelling unit may not exceed the square footage of the primary unit. The existing primary dwelling is 4548 SF, of which all of the 989 SF existing basement will be converted into an ADU. 557 SF of conditioned space will be added to the total square footage of the basement at the converted crawl space, a portion of which will become common entry area, a portion of which will become additional square footage for the main, and another portion will be added to the ADU. The final total square footage for the ADU will be 795 SF and the resultant square footage of the primary dwelling will be 3,969 SF. Refer to the submitted site plan for detailed itemized areas. C. Height 1. The maximum height for a detached ADU is 25'. No detached ADU proposed. 2. A structure containing an attached ADU may not exceed the maximum height for a single detached house in the base zone. The lot is in an R7 Zone on Bull Mountain with a steeply sloping lot. Applying the measurement standards of 18.40 which measures the height of the structure from a point 10' above the lowest grade to the midpoint of the gable, the structure is 32'-tall, which is less than the 35' allowable in the R7 Zone. D. Setbacks 1. Accessory dwelling units must meet setback requirements for single detached houses in the base zone, with the exception that a detached accessory dwelling unit may be located within 5' of the rear property line if the structure is less than 15' in height. The existing primary dwelling meets the applicable standards in 18.290.1; there is no proposed change to building footprint as part of this scope. Refer to the attached site plan. E. Entrances 1. Only one attached dwelling unit may have an entrance on a street-facing facade; the other unit must have an entrance oriented to a side or rear lot line. The proposed design has the new ADU entrance oriented to the south, side yard lot line. F. Parking 1. In addition to the number of parking spaces required for the primary unit, a minimum of (1) off-street parking space is required for the ADU. The existing primary unit contains a 3-car garage, which exceeds the (1) space required for the main unit. The accessory dwelling unit will utilize the existing driveway as required off-street parking. 2. On street parking may be granted through exception per 18.410.090. No on-street parking requested/standard not applicable. G. Home Occupations 1. Type II home occupations are prohibited on a lot with two accessory units. Standard not applicable. H. Accessory Dwelling Units in Accessory Structures 1. Accessory dwelling units may be added to accessory structures such as garages, subject to the maximum square footage and height restrictions for each as measured using the method provided in 18.40.130. Proposed ADU internal to existing primary dwelling; standard not applicable. SECTION II: Narrative The proposed design is to convert an existing daylight basement and portion of unfinished full-depth crawl spaces into ADU, and there is no proposed change to building footprint as part of this scope of work. The ADU will subsume (1) existing bathroom, an existing living area with a new kitchen area, and (1) existing bedroom. The conversion of the crawl space will add (1) new bedrooms for the ADU, (1) new bedroom for the main dwelling, and a new common laundry/mudroom/entry hall. The ADU will also have access to an existing rear deck with an existing access door. The ADU will be used as supplemental income for the homeowners, who are two disabled, retired veterans.