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ADU2019-00004
APPROVED ADU2019 - 00004 FOL Y ACCESSORY DWELLING UNIT NOTICE OF TYPE I DECISION a ACCESSORY DWELLING UNIT ADU2019-00004 FOLEY ACCESSORY DWELLING UNIT 120 DAYS = November 26, 2019 SECTION I. APPLICATION SUMMARY FILE NAME: FOLEY ACCESSORY DWELLING UNIT CASE NO.: Accessory Dwelling Unit(ADU) ADU2019-00004 PROPOSAL: The applicant proposes to convert approximately 700 square feet of an existing single detached house into an attached accessory dwelling unit(ADI .The property is located at 11280 SW 78''Avenue. Off-street parking will be provided for both the primary and accessory dwelling units. APPLICANT: Simpl Home Designs Attn:Mike Montgomery 4931 SW 76''Avenue,PMB 211 Portland, OR 97225 OWNERS: Greg P. and Melissa M. Foley 11280 SW 78''Avenue Tigard, OR 97223 LOCATION: 11280 SW 78''Avenue;WCTM 1S136CA,Tax Lot 1200 BASE ZONE: R-4.5: Low Density Residential Zone APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapter 18.220.040 SECTION II. 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. ADU2019-00004 FOLEY ACCESSORY DWELLING UNIT 1 SECTION III. BACKGROUND INFORMATION Site Information: The property is located at 11280 SW 78`''Avenue (WCTM 1S136CA, Tax Lot 1200), on the east side of SW 78`' Avenue, north of SW Pfaffle Street, and south of SW Spruce Street. The property is currently occupied by an existing single detached house and paved driveway,with associated landscaping. In 2018, the applicant was approved for a two-story addition to the existing home (Case No. MST2018-00201). This addition included an attached two-car garage. The property is zoned Low-Density Residential (R- 4.5). Adjacent properties to the north and south are zoned R-4.5. Adjacent properties to the east are zoned Medium-Density Residential (R-12). Adjacent properties to the west are zoned Medium-Density Residential (R-7). 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 subject property is currently occupied by one (1) existing single detached house, and the applicant proposes to create one (1) attached ADU. 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. 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. 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 create one (1)ADU that will be attached to the primary unit(an existing single detached house). This proposal meets the standard outlined above because the primary unit is approximately 1,600 square feet in size, and the ADU is approximately 700 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. 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 maximum height for a single detached house in the R-4.5 Zone is 30 feet. The applicant's proposal meets the standard outlined above because the attached ADU is 21 feet and six inches in height (according to Case No. MST2018-00201). This standard is met. ADU2019-00004 FOLEY ACCESSORY DWELLING UNIT 2 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 to 5 feet from the rear property line if the accessory dwelling unit is less than 15 feet in height. Staff reviewed the applicant's submitted site plan to confirm the proposed ADU meets the setback standards for a single detached house in the R-4.5 Zone. 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 approximately 700 square feet of an existing single detached house into an attached ADU. The entrance to the ADU will be on the southern side facade, and will not be located on a street-facing facade. 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 two-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 Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner ADU2019-00004 FOLEY ACCESSORY DWELLING UNIT 3 Final Decision: An accessory dwelling unit application is processed through a Type I procedure.As such, this decision is 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 JULY 291201% AND BECOMES EFFECTIVE ON JULY 30, 2019. Questions If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS c&tigard-or.gov. Tuly 29. 2019 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee ADU2019-00004 FOLEY ACCESSORY DWELLING UNIT 4 (� S =GNc t,'� n�iMK ouT o�mt wog EL O+/- fL O 12"dia �C FLAT WORK: a DRIVEWAY&SIDEWALK 408'SQ FT LOT COVERAGE: > LOT AREA 10,047'SQ FT BUILDING AREA 1,862'SQ FT CL L. (5 PORCH 60'SQ FT CL Cz += (NOT INCLUDING OVERHANGS) BUILDING%COVERAGE IS 0.18 OR 18% Address 11280 SW 78TH AVE.,TIGARD OR Property ID W263591 County Washington State ID IS136CA01200 Alt Account Number R282394 Land Type SFR Total Land Area 10,047 10"dio � SILT 1=i=NG1= i4l 4#�Hl Ill Fr-�-2 f 14'-4" 3 ��151 0" 3 0 3 EXISTING DRIVEWAY ' OLJ EL 0-t-1- S S 20'-0" 3" 1�7L/ �j3/4 PVC,W�TE;P T WO 5W —78 l it AVE S S�W�k LINA SILT FfNGf 1 MG G0NSMTIN6-'5,LCC dba o 5/aNfD- (w? _ C CS T'I LlS�tf HOL Y NAC ConsutthqsTHE LLC, mon SIHPL HONE DESIGNS IS NOT �i�r/�prl1�1opMr�req�p�ed�,sigpnysr� DftrT; O�j/2�'/f8 �/��� �� ���� ���' LIABLE fOR THE ACCURACY Of THE TOPOGRAPHY 0F �'/f1 7�I�l V f,i'J0`I'r POMAO�u�O On /,�`� 5C/{L "-10'O" B INFILD RTTO�VERIFY ALL SITE IT IS THE CO TY DIT ONS, INICLUDINGOF THE ANY J C503>515-6495,(FA 719-4825 O>�TL�fiN1� Off' ��223 FILL PLACED ON THE SITE, AND INFORM OWNERS OF ANY POTENTIAL FIELD MODIFICATIONS. www,ezpernil�,biz email.,mikvwzperrtil5,biz 4'-10" 8'-6" CONTINUES SHEATHING A.B.P. 3/0x4/0 SL. B.P. 6/0x6/8 SL. DOOR A.B.P. 412 HDR O0 r _1 ti m I DIN BAR AREA I 13'0x17'0 I I I r I I 1 i I o I I 13 CL. CADET w z EE DEN HEATER X L N10'6x17'00 -i ; W REF. _ .w ® vi ZADU MAIN FLOOR CL .� 0 0 p `�� 1 OPEN HAND RAILING �� cI 177, o 30 CLOSET I I I i l l 15D DWSTN i m 111111 ; o ------------------------- --------- 2�8 5 1 is s I A�q ® w UP IA I = ZRAVI�� _ X10 --------------- INTERIOR --------------- 10,11, INTERIOR ORACE PANEL INFILL OF NEW INTERIOR EXISTING WALL am WALL FOR SUPPORT OF SECOND FLOOR LOADS X3/0 Sc OPT. ----------------------------------------- -- -------------------------------------- --------------------------------- ----2x+2-DF--- cl� DOUBLE GARAGE #2 12" O.0 19'6"x24'0" w - - - - - - - - - - - - - - - - - - - -� 2 STAIRS DNo I I ~ Dining TOMAI Q I I o I I I I I a 7a 6x12 HEADER BEAM 16/0X8/0 OVERHEAD SECTIONAL P.F. P.F. PROPOSED REMODEL MAIN FLOOR PLAN 1 /4"=1 '-0" FOLEY AZA ULLC 1034 SE 213TH AVEDrafting&Design 1034 SE 213TH VE GRESHAM OR 97030 Custom Plans 503-341-6175 N z °o 11280 SW 787H AVE Remodels a Q Site plans tim(vrecreatenw.com 8 PORTLAND OR 97223 1 1 Permit Management CCB#202853 :sJuilpl C1MPi HOME OESICiNC n ol au'uu Id Qq paAoaddV 11"WPI r. Ao KIIII N Z i a w 9NIHIV3HS SPNIA09 15'-0" 9NIH1d3HS SYNIA09 9'-4 , 12'-2" 8' CL Li) Q x E d U 2 O g a E CIO ' co co � J NC00 CY) O _x r CVO =r / _ 3H VIZ BJH t/Z xX c N d 1 1 N Lo Cy- Ld Q o I I _ _ � a,� I X I �- ¢ O w � 1 U / \ , — w En Q. LL- Q II - - - - -� N o - a II '1 C> — — 1� Q w W co Z ■ i11 Of x z � 'co z 1 I W r 1 Z-1 m N `� 11 r---- - - U = o Q 3� o it II = Q II z II 2/2 o N o X IIS = � Ln_ I � x N X 1LU V Ii 2/2 CY, 1 O t' � I 1 11 I I 0 ;1 I10 I O 9NIHlb'3HS S3nNI1N09 9NIH1d3HS SPNI1NO3 20'-8" a FLOOR 6'-10" 13'-6" PLAN(s) DATE 07/40/19 SCALE PRod.No DRAM CHECKED mrtn qi D2 . 0 2of2 APPLICANT MATERIALS isCity of Tigard Case #: 1�V�.1�� .� Gt�'���I COMMUNITY DEVELOPMENT DEPARTMENT Master Land Use Application RECEIVED �� it it 0 A 7n1Q USE APPLICATION TYPE �p CITNYGOF TIGARD Accessory Dwelling Unit(ADU) ❑ Modification: O Type I Type II1NEERIC Adjustment ❑ Planned Development•. ❑ Annexation O Consolidated Plan O Comprehensive Plan Map Amendment O Concept Plan ❑ Conditional Use O Detailed Plan ❑ Downtown Design Review: ❑ Sensitive Lands Review: O Track 1 0 Track 2 0 Track 3 O Type I O Type II O Type III ❑ Home Occupation—Type II O Site Development Review: O Type I 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: ❑ Miscellaneous: O Modification O Discretionary Review O Type II O Type III O Zoning Map Amendment PROJECT INFORMATION ,y Project name: I e q A D,,) Brief description of project: M1 Calver - ha c,� �f Z. o S r�., G� 01 -kb ► kCAIn SITE INFORMATION n ,, Location (address if available): H a 80 SW D S� Tax map and tax lot nrru�� -S � CA� I A O [ 00 (, Site size: 1 �, i5`t� S Zone: L-. — —1 . S APPLICANT l INFORMATION Name: M i k C. v bV%-} L'i"L4 Mailing address: 449 31 SW -1(oak 4J1 PMS2-L 1 City/State:'Rv Jc wJ, O IZ Zip: Ile?15— Phone: --S 1 S-(a�9 S^ Email: M lICt wk 12 e--z PVw++�-G. �i Z Applicant's representative: Phone: Email: City orrigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www tigard-or.gov • 503-718-2421 • PW 1 oft PROPERTY OWNER INFORMATION ❑Same as applicant (Attach list for additional owners) Name: Aklez, Folu4 ! Mailing address: 3304 ( S e �S 1 ( PJ City/State: Ems✓' f�.0 c-J c.-, t- _ Zip: 7� Phone: 3.75a—y3'7q Email: (6" 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 6gardnlanrierondu4,ptigard-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 -PA,ckagWsco7plete and accurate. Applicant's signatu * Print name Date Lre-, 1;Dle!Z 71 Ito //q ro ty o si re* Print nawk I Date k 1914:256 T� Property owner's ign * Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. Case No.: Application fee: Received by: 7 Date: Related Case(s): Determined complete by Date: City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • PVc 2of2 When recorded,return to: Lakeview Loan Servicing,LLC Attu.Post Claing 1301 Virginle Drive Suit 325 Fort Washington,PA 15031 � True and d Copy of do Od9 Title Order No.: 22246725 LOAN df:DOW29M (SpateSdowI "Un"FWA40"WerOW4 CASE 5 484844M39385 DEED OF TRUST LMN 1010288.000ONS927.6 MERS PHONE#.1888-8798377 DEFINITIONS Words used in multiple sections of this document are defined below and ofherwords are defined in Sections 3,11,13,16, 20 and 21.Certain rules regarding the usage of words used in this document are also provided in Sedco 16. (A) "Security Instrument"means this document,which s dated May 26,2017, together with all Riders to this document. (B)"Borrower"is GREG P FOLEY,A MARRIED MAN,JOINED BY HIS NON-VESTED SPOUSE MELISSA M. FOLEY. Sovower is the trustor under flit Security Instrument (C)'"Lender"is Lakeview Loan Servicing,LLC. Lender is a Limited Liability Corporation, organfzed and existing under the laws of Delaware. Lender's address is 4425 Ponce De Leon Boulevard,MSS-25i,Coral Gables,FL 33146. (D) "'trustee"is Chicago Title insurance Company of Oregon,an Oregon corporation. (E) "MERS"is the Mortgage Electronic Registration Systems,Inc Lender has appointed MERS as the nonunte for Lender far this Loan,and attached a MERS Rider to this Security Instrument,to he executed by Borrow.wtufi further describes the relationship between Lender and MERS,and which is incorporated into and amends and mrpplemenls this Security Instrument in "Note"means the promissory note signed by Borrower and dated May 26,2017. The Note states that BorrOwOf owes Lender ONE HUNDRED NINETY ME THOUSAND FOUR HUNDRED AND MOM OV•"•'•" •►.s................................►............... Dollars(U.S. $195,400.00 ) plus Interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not tater Oran June 1,2047. (G)"Property"means the property that it described below under the heads g'Transter of Rights in the Property' (H) "Loan"means the debt evidenxd by the Note,plus Interest arty prepayment charges and late charges due under the Note,and all sums due under taus Security Instrument plus interest. OREGON-Sk*s Fambr.-For"naeWr.nai.oro MWOwr 1NsrRUMEW Fwm 30M Ilse In1tlelkL*. Ens Mas,roc. Page i of 10 OREDEW MS) 0et116lt017 10.'72 AM N9'i 1 LOAN is 006442$US (� 'Riders'means all Riders to this Security instrument that are executed by Borrower The blowing Riders are to be executed by Borrower(check box as blel ❑A*ntdAe Rab Rider ❑Condominium Rider Second Home Rider 0 Saloon Rider C.]Planned unit Dsvelopmen t Rider GI V.A.hider ©1-4 Family Rider ❑Bnaeeldy Payment Rider ©MorVga Electronic Registration Systems,Inc Rider ❑Other(s)(sP-ItY) (J) "Applicable LAw"means ant oonirdling applicable federal,state and local statutes,regulations,ordinances and a0min- istrat)ve rules and orders(that have the effect of taw)as well as ant applicable final,non-appealable judicial oprrons (9) 'CornmunityAssociation Dues,Fees,and Assessments"mearks all dues,fees,assessments and otlterchargesthat are kdpoeW an Borrower or the Property by a condomwum association,homeowners association or similar ofWastion (L) "Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by che*draft or slmllar Paper Instrument,which s initiated through an electronic terminal,telephonic instrument,computer,or magnetic tape so as to order,instruct or autfuorke a fnanctai institution to debt or credit an account Such term kidudee,but s not linked to,point-ot sale transfers,automated telar machine transactions;,transfers inflated by telephone,wife transfers, and automailed clearinghouse transfers, (tilt)"Escrow items"means those fleets that are described in Section 3 (N) "Miscellaneous Proceeds"means any compensation,settlemeirt,award of clamages,or proceeds pail by any third party(other than insurance proceeds paid under the coverages described in Section 5)for (i)damage to,or destruction of,the Property;(r)condemnation or other taking of all or any part of the Property.(III)conveyance in leu o1 condertriatton; or(W)misrepresentations of or omrosiore as to,the value andfo condition of the Property. (0)'Mortgage insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan (P) '11eriodie Payment"means the regularly scheduled amount due for(r)principal and interest under the Note,pkus(i) any amounts under Section 3 of this Security Instrument (Q)'RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C.6=1 at seq.)and its implementing regulation, Regulabon X(12 G F.R.fart 10241 as they might be amended from time to time,or any additional or successor legislation or regulation thatgaverns the same subject matter As used in flys Security Instrument*RESPA'refers to ant requirements and restrictions that are Imposed in regard to a'federally related mortgage bars'even d the Leen does not quality as a 'federally related mortgage ban'under RESPA. (R) "Successor in Interest of Borrower"mean any party that has taken title to the Property,Whether or not that party has asswifed Borrawrer's obtigatwo under the Note wdhx itis Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of Urs Security Instrument is MFRS(safety as nominee for Lender and Lenders successors and assigns) and the successors and assigns of MERS.This Security instrument segues to Lender.(r)the repayment of the Loan, and all renewals, extensions and modifications of the We.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 live,with power of sale,the following described property located in the County Ityve a rt.oaraii,o Awbdm q of Washington Ww o of R"w*V Awbil a wd- SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS"EXHIBIT A". APN 9: 80282894 Which currently has the address of 11280 SW 78TH AVE Tigard, Oregon 97223 (•Property Address') «illciAt Wa codol TOGETHER WITH all the mprovernants now or hereafter erected on the property,and all easements,appurtenances, and fettues now or hereafter a part of the property.AN replacements and additions shall also be covered by this Security Instrument.All of the foregoing is repand to in this Security kesbument as the'Property.•Borrower understands and agrees that MERS holds any legal We to the interests granted by Borrower in this Security Irrhnxrxnt,but,if necessary to ow" with law or custom,MERS(as nominee for Lender and t tinder's smart and assigns)has the right to exercise any or al of those interests,lrwkx ft,but not limited to,the right to foreclose and seg the Property;and to take any acb Squired of Lender nciuc8ng,but not firmed tq releasarg and canceling this Seaxlty Iristrurnent. OREGON—SiVie Famrp4swile KWIFrsddM 0119C MR"04MUM NT Farm 3039 V" ItilUafs. 9s Use.be Page 2 of 10 OREOEED Oath W 06naf20O 108E PST LOAN S:0064428565 BORROWER COVENANTS that Borrower is lawflugy seised of the estate hereby c Dnvw lid and has the right to grant and convey the Property arta that the Property its unencumbered,except for snGinbrances of record.Borrower warrarb and will dell nit generally the title to the Property against all claims arra demands,subtect to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national toe aryl ntonixhtonn covan"with knifed variations by jtahldlWon to constitute a uniform security Instrument coveting real properly. UNIFORM COVENANTS.Borrower and Lender covenant and agree as fosows. 1. Payrnent of Principal,Interest.Escrow items,Prepayment Charges,and Lata Charges.Borwom r"pay when due to principal of,and hAsrest or%to debt evidenced by the Nobe and any prepayment charges and late damn due under the Nota Borrower shall slap,pay ids for Escrow items pursuant to Sudimt 3 Payments due under the Nota and this Set>tiitdy,Matrument shag be made in U.S.currency,However I any check or otter Instrument received by Lender as payment under the Note or this Security Instrument is returned to Lander unpaid,Lander may require that any or all subaa*wtt paymer is due under the Nobe and thits Security instnxrrerni be made in one or more of the following renal, as selected by Lender.(a)cash;(b)money order,(c)certified check,bank checK treasurer's check or oaslr a check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,urslruffwtogy,or entity,or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other Iocati rt as may be designated by Leader In accordance with the notice provisions in Section 15.Lender may return any payment or partial payment if}te payment or partial payments are insufficient to bring the Loan current Larder may accept any payment or partial payment maurtfcient to bring the Lock current,without waiver of any rVits hereunder or prejudice to is rights to refuse such payment or partial payments it the future,but Lender its not obligated to apply such payment+ at the time such payments are s-i pled It each Periodic Payment a applied as of No scheduled due date.then Lender need not pay interest on unapplied surds.tender may told such unapplied funds until Borrower makes payment to bring the Loam current.It Borrower does rat do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower.it not applied earlier,such funds will be applied to the outstan tli g principal balance tender the Note Immediately prior to foreclosure No offset or claim which Borrower might have now or in the future against Lander"I regew Borrower from making payments due under the Note and this Severity Instrument or performing g the covenants and agreements secured by On Seeurty instrument 2. Application of Paymitnts or Proceeds.Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priorly.(a)interest due under the Note',(b)principal due under the Note:(c)amounts due under Section 3 Such paymey8s"be applied to each Periodic Payment in the order In which It became due.Any remaining amounts shag be applied fust to We charges,second to any other amounts due under this Seounty Instrument,arid then to reduce the principal balance of the Note. If Lender receives a payment from Borrow for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the detnquennt payment and the tate charge.if more than one Periodic Payment is cutsteric ing,Lender may apply any payment received from Borrower to the repayment of the Perwdic Payments It and to the extent IhK each payment can be paid in fug.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 tate charges due, Voluhtaty prepayments shag be applied fest to any prepayment chargers and than as described in the Note Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shag not extend or postpone the due date,or c harige the amount,of the Periodic Payments. 3. Funds for Escrow Items.Borrower shag pay to Lender on the day Periodic Payments are due under the Note, until the Note is pard in tali,amen(the'Funds")to provide for payment of amounts due for:(a)taxes and anerds and poser heirs wtrch can attain priority over this Security instrument as a fret or encumbrance on the Property,(b)leasehold payments or ground rents on the Property.If any,(c)pxemhms for any and all Insurance required by Lender under Seo. ton 5.and(d)Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of she payment of Mortgage Insurance pnamums in acoosdanoe with the provisions of Sec(iom 10.These items are called'Esaow Items'At origination or at any time during the term of the Loam!.ander may require that Community Assoaadon Duer%Fees,and Assessments,if any,be escrowed by Borrower,and such dues,fees and assessments shag be an Escrow Item Borrower shag promptly furnish to Lender all notices of amounts to be paid under Itis Section.Pkir ower shag pay Lender the Funis for Escrow hints unless Lender waives Borrower's obligation to pay the Funds for any or at Escrow(lams Lender may wake Botrowe's obdgaUon to pay to tender Funs for any or all Escrow items of any fume Any such waiver may only be in wtNng.len the event of such waiver.Borrower shag pay directly,when and where payable,the amounts due for any Escrow items for which psytnent of Funds has been waived by tender and,d Lender regtwes,shag furnish to Lender receipts evidencing such payment within such tune period as Lender may require Borrawm's oblgahon to make suds payments and to provide race%*shag for all purposes be deemed to be a covenard and agreement contained in this Security Instru- ment as the phrase*covenant and agreement'is used in Section 9 U Borrower is obligated to pay Escrow Items directly, pus and to a waterer,and Borrower We to pay the amount due for an Escrow Nem,Lender may exercise its rignf under Section 9 and pay such amount and Borrower shag then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the weaver as to any or all Escrow Items at any time by a notub given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Fur-KIS,and in such amounts,that are than required under this Section 3. Lender may,at any thine,tolled and hold Funds in an amount(a)suMcbent to permit Lender to apply the Furls at the time specified under FIESPA,and(b)not to exceed the maximum amount a!eider can require under RESPA.Lender shag estimate the amount of Funds due on the basis of arrant data and reasonable estimates of expenditures.of future Escrow items or otherwise in accordance with Applicable Law. The Funds shaft be held in an institution whose deposits are insured by a federal agency,insbumentaity,or entity (including Lader,d Larder its an institution whose deposits areso insured)or in any Federal Hoorn Loan Bank Lendershrafi apply the Funds to pay the Emm Items no inter than the tie specified under RESPA Lender drag root charge Borrower for trolling and applying the Funds,annually analyzing the escrow aaccunl a verifying the Escrow gems, Luxnder pays Borrower Wered on the Funds and Appiicabie Law permits Lender to make sch ua charge.Unless get nett as made in witting or Applicable Law requires interest to be paid on the Funds,Lander shag not be requited to t3oriower CMGDr{Skq%Fw01-Fanelli U W"ddfs qac UW-ORM IKS7RUMENT Foma 90=1101 Elle Was.ria Page 3 of 10 0315 OWDEW fO S) ����� 0146not7 to 12 AM PST LOAM 0:00"08505 any Inlaraat or eamrps on the Funds.8onower and tender can agree in wntng.however,that merest shall be paid on the Funds.tender abet give to Borrower,wtihtart charge,an annual accounting W the Funds as required by RESPA it there is a surplus of Funds hold in escrow,as defined under RESPA Lender shah account to Borrower for the excess funds In axadenoe with RESPA It there is a shortage of Funds held in escrow,as defined under RESPA Lender shall notify Borrower is required by RESPA and Borrower shall pay to Lender the amaxtt necessary to make up the shortage 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 Borrower shill pay to Lender the around necessary to make up the dehomancy in s000rdance with REEK NO n no more than 12 monthly pa yrnenta. Upon payment in U of all stns secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4, Chargee;L.tons.Borrower shat pity all taxes,asseswnerde,charges,fines,and impositions ally butable to the Property which can atom priority over tits Security Instrument leasehold payments or ground rents on the Property,if any,and Calwrrtnity Associalson Duos,Fere,and Asaessrnents,rr any To the extent that these Items are Escrow iterrs, Borrower"pay Own in the mariner provdsd in Section 3. Bdxrewter Shan promptly db talpe any ben which has priority over this Secunrty InsWment unless Borrower.(a)agrees in writing to the payment of the obligation seared by ibe herr in a roamer acceptable to Lender,but only so long as Bor- rower s peilomrang such agreement;(b)contests tie ern in good Faith by,or delends against entorcernnt of the lion In, IWW proceedings which in Lenders opinion operate to prevent dee enforcement of the ben wMle those prooeedrhps aro pending,tut orMy until such proceedings ane concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lander subordinating the ben to this Security irstnmtert It Larder determines#W any part of the Property is subject to a Barb which can anan priority over lids Seculty Instru ernt,Lando may gMe Borrower a notice Identifying the Nen.Within 10 days of the date on which that notice is given,Borrower shah sob*the Iei or take one or more of the actions set forth above in this Sexton 4. Lender may require Borrower to pay a onetime charge rax a real estate tax verification and/or reporting service used by Lender In connection with this Loan. t3. Property insurance.Borrower shall keep the Improvements now existing or hereafter erected on the Property insured aganat ices by We,h omras indeded w Chin the Wan*extended coverage,'and any~hazards including,but not ibnited to,ueWthquakes and floods,forwhich Lender requires insurance.This insurance sial be mantairied in the amounts (inchdurig deductible lawefs)and for the periods that Lender requires.What Lender requires pursuant to the preceding sen- tences cert chartge during the term of the Loan.The Insurance carrier prwriing the insurance shall be chosen by Borrower subject to Lenders right to disapprove Borrower's choice,which right shall not be exercised unreasonably Lender may require Borrower to pay,in connection with this Loan,wither.(a)a one-tame charge for flood zoite determination,eerbnea- tion and tradong services,or(b)a on"ffw charge for flood zone determination and certification services erid subsequent dtarges each time remappings or similar charges occur which reasonably might affect such determination or certification Somow er 9W also be responsible for the payment of any lees Imposed by the Federal Emergency Management Agency In ocrinecton with the review of any good zone determination resulting from an oblection by Borrower 98orrowerta"to maintain any of the coverages described above.Lender may obtain insurance coverage,at Lenders option and Borrowers expense Lender is under no obligation to purchase any particular type or amount of coverage Therefore.such noveage shall cover Lender,but might or might not protect Borrower,Borrower's equity in the Property, or the contents of the Property,against any risk,hazard or liability and rright provide greater or lesser coverage than was previously in effect Borrower adnowledges that the cost of the insurance coverage so obtained might srgndtcartiy exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by!.Ender under this Section 5 shall become addiborhal debt of Borrower secured by this Security Instrument,These amounts shall bear interest at the Note rate from the data of disbursement and shall be payable,with such interest,upon notice from Lender to Borrower requesting payment AN ursurance polities required by Lender and renewals of such pobaes shall be subfed to Leaders tight to disapprove such policies,shall hdude a standard mortgage clause,and shall name Lender as mortgagee andfor as an additional kis payee.Lander shall have the right to hold the policies and renewal certificates.If Lender requires.Borrower stall promptly giwa to Lender all receipts of paid premiums and rutewal notices It 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 sntnrl name Lender as mcar et ar4w as an addbonal lose payee In the event of Was,Borrower stat giro prortget notice to the Insurance cartror and Lender Lender may make proof of toss it not made promptly by Borrower.unless Lender and Borrower otherwise agree in writing,any Insurance proceeds, whether or not the underlying insurance was redlined by Lender,ishan be applied to restoration or repair of the Property,If the nesforabon or repair is economically feasible and Lender's security is not lessened Dung such repair and restoration petod,Lender shall haws the not to hold such insurance proceeds unite Lender has had an opportunity b inspect such Property to ensure the work has been completed to Lenders satistaCboN provided that such hspec6on still be tndertatcen promptly Lender may disburse ihroceeds for the rape m and restoration in a single payment or in a serves of progress pay- mexta as the work is completed Unless an agreement is made in writing arApp hcabte law requires interest to be pad on such Insurance proceeds,Lander shat not be required to pay Bom yAw any Interest or earnings an such proceeds Fees for Public adlucoas or otter turd parties,rebtined by Borrower shall not be paid out of the Insurance proceeds and shat be the sob obligation at Borrower if the restoration or repair is not economically feasible or L a ndert security would be lessened, the insurance proceeds shall be applied to the stars secured by this Security Instrument,whether or not Iron due,with the excess,d any,ped to Borrower.Such Insurance proceeds shall be applied in the order provided lor in Sedron 2. If Borrower aban dors the Property.terrier may fie,negotiate and settle any available Insurance darn and related matters.M Borrower does not respond within 30 days:to a nnouce from Leader that the insurance canter has offered to settle a Balm.that Lender may negotiate and sell*the datura.The 30-day period will begin when the rxitice is given.In ether event,or it Lender acquires the Property ander Section 22 or otherwise.Borrower hereW assigns to Lando(a)Borrower's rights to any I o u once proceeds in an amount not to exceed the amounts unpaid under the Note or this Secarlty Insbh} merit,and(b)any other of Barrowwer s nights(other than the right to ary refund of unearned premiums paid by ) under all insurance posses covering the Property,rnsorar as such rights are applicable to the coverage of vYa►�t ORiEQOW-�Sb9b f..hsr-Fww"Mmeff"km.Mac ut/1FORen INSTRUMENT Fawn 7638 1AM initials /r r•• Ess Mos.in Page 4 of 10 oats ORE)®MM n e6WAI710.12 W PST LOAN A:0064428585 Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Nate or this Security ktstrumerit,*wether or not Mien due. 6. Occupancy.Borrower stall occupy,asladsh,and use the Properly as Bonowees principal residence witnin 60 days after the execution of Mrs Security Instrument and shall continue to oocipy the Property as Borrower's principal resi- dence for at least one yew aRur the dale of oecupency,unless Lender otherwise agrees in writing,which consent shall not be unreasonably wdtteld,or unless extenuating ciraamstanoes exist which aro beyond Roamers control. 7. Preservation,Maintenance and Protection of the Property;Inspection.Borrower shall riot destroy;damage or knpair the Property,allow the Property to deteriorate or cxxnrnit waste on the Property.Whether or not Borrower is maid- Ing In the Property,Borrower shall maintain the Property in order to prevent the Property from de2eryoratatg or decreasing in value due to b condition Un less d is determined pursuant b Section 5 than repair or restoration is not economically feasible,Borrow shah prampgy repair the Property 9 damaged to avoid fuaBror deterioration or damage.If insurance or condemnation proceeds are paid in connection with damage to.or the taking of,the Property,Borrower shall be m5pon- sole for repairing or restoring the Property only if Lender has rebased proceeds dor such purposes.Lender may disburse proceeds for Chia repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the instrance or condemnation proceeds are not suCflaert to repair or restore the Property,Borrower is not relieved of Borrowers obligation for the completion of such rep2w or restoration. Lender of its agent may make reasonable entrim upon and inspections of the Property.if it has reasonable cause, Lender may Inspect the anterior of the improvements on the Property.Lender shall give Borcwver notice at the irme of or prior to such an Iniodor mnpeclion specifying such reasonable cause & Borrower's.loan Application.Borrower shag be in default if,durkig the Loan application process,Borrower or any persons or entitles acting at the direction of Borrower or with Bororners knowledge or consent gave materially false, misleading,or inaccurate infdxmaNdm or statements to Lender(w hided to provide Lender with material wiftirrnation)in connection with the Loan.Material representations aidude,but are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's pnncgrel residence. 9. Protection of Lendoes interest to the Property and fights Under this Security Instrument if(a)Borrower rafts to perform the covenants aril agreements oonlairied in this Security Instrument,(b)Owe s a legal proceeding that roght significantly affect Lenders interest in the Property arxlrcr rights under On Searcy Instrument(such as a proceeding in bankruptcy,probate,for condemnation or forfeiture,for ehloreement of a Yen which may~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 mnonable or appropriate to protect Lenders interest in the Property and rights under hire Security lnStlrUffw*A inciudbg protecting and/or assessing the value of the Property,and seaxmg andkx repairing the Property.Lenders actions can Include,but are not limited to:(a)paying any sums secured by a lien which has priority over Yns Security Instrument (b)appeanng in court,and(c)paying reasonable attomeys'lees to protect its interest in the Property ahmor rights under Ctrs Seeunty Instrument including its secured position in a bankruptcy proceeding Securing the Property incudes,but is not limited to,entering the Property to make repairs,change locks,repiace or board up doors and wsidows,drain water from pipes,ekmtrmts building or other code violations or dangerous conditions,and love utilities timed on or off.Although Lander may take action under this Section 9,lander does not have to do so and s 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 amotrdsdstxssed by tanderurnderthis Sechon9 shall become additional debtotBonowerseared bythis Security Instr rnent These amounts shad bear Interest aLthe Note rate from the date&disbursement and shall be payable,with such Interest,upon notice from Lender to BomNmr requesting payment It this Sa urity instrument is on a leasehold.Borrower shay conpy with all the provisions of the lease Borrower shall not surrender the leasehold estate and Interests herein comreyed or terminate or cancel the ground laws.Borrower shad not,without the express written consent of Lender,alter or amend the ground lease If Borrower acquires flee title to Via Property,the leasehold and the fee Ode shag not merge unless Lender agrees to the merger in writing. 10.Mortgage Insurance.If Lender required Mortgage Insurance asacondition ofmaking the Loan,Borrowerstrallpay the prerrl.inhs required to maintain the Mortgage Insurance in effect if,for arty reason,the Mortgage Insurance coverage required by Leder ceases to be available from the mortgage inatrertfsat previously provided such insurance and Borrower was required to make separately designated payments toward the pratrrtuns for Mont~Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect M a cast substa ntlatly equivalent to the cost to Borrower of the Mortgage Insurance prawousy in eileck kom an alternate morigage insurer selected by Lender.Hatbstantiady equivalent Mortgage Insurance coverage is not available,Sonower"continue to pay to Lender the amount of the separately designated payments OW were due vdnen the insurance coverage ceased; to be In effect Lender will accept,use and retain these payments as a non-refundable loss reserve in lieu of Mongage Insurance.Such lass reserve shall be non-refundable.notwithstanding the fact that the Loan is ultimately pad in Nd,and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve Lender can no longer require loss reserve psyrTnerts it Mortgage insurance coverage(in the amount and for the period that Lender requires)provided by ars insuer selected by Lender again becomes avoilabie,is obtained,and Lender requims separately delighted pay- ments toward the premiums for Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan and Borowerwas required to make separately designated payments toward the prerr*SM for Mortgage insurance, Borrower shad pay the prey urns required to maintain Mortgage Insurance in effect,or to provide a non-ehindabie loss, reserve,until Lenders requirement for Mortgage insunux®ends in accordance with any written agreement between Bor- rower and Lender providing fox such termination or until terminotiot to regsered,by Appincabie Law.Nothing in this Section 10 affecia Sorowrere obligation to pay interest at the rate provided in the Note. Mortgage htsurarnoe reimburses Lender(or any enmity that purctaases the Note)for certain losses d may incur it Bor- rower does not repay the Loam as agreed.Borrower is not a party to the Mortgage Insurance. Mortgage kwrers evaluate Meer total nsk on all oh insurance in force from time to time,and may ester into agree- ments with other parties that share or moduc modify their risk or reduce los ees These agreements are on tems and conditions that are satisfactory to the modgage insurer and the other pang(dr parties)to these agreements.These ogre emerh may require the mortgage insurer to make payments using any source of finds that the mortgage insurer may have vattatile re (which may include kinds obtained tram Mortgage Insurance prem unia). OREGON-sirgis Farm y-�Fanrde rdae(Freddis Mac UNFORM IWTR*Wff Form anti tial Initi m F Efie.In Page 5 of 10 sats r OREDEED tCLS) QW1e0017 10:12 AM PST LOAN is 0064420565 As a rail of these agreements,Lender,any purchaser of the Note,ainother insurer,any reinsurer,any,other entity,or any affiliate of any of the foregoing.may receive(directly or wiclirectiy)amounts thet dean from(or might be characterized as)a portion of Bonowera payments for Mortgage Insurance,in exchange for ilhamg or modifying the mortgage insurers r1aK or reducing losses.If such agreement provides that an affiliate of Lender takes ashore of ane Insurer's risk in exchange for a share of the pre mlums pend to the Insurer,the arrangement is often termed'capt"refnsurunce'Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other tan, of the Loan.Such agreements will not Increase the amount Borrower will owe for Mortgage insurance,and they will not sntiUe Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has-it any-with respect to the Mortgage Insur- ance under the Homeowners Protection Act of 1990 crony other law.These rights may include the fight to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically,andfor to receive a refund of any Mortgage Insurance p ritinkrms that were unearned at the ttme of such cancellation or termination. 11. Assignment of NGscellaneous Proceeds;Forfeiture.Ail Miscellaneous Proceeds are hereby assigned to and shag be paid to Lander, if the Property la damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economica ly leasrbie and Lender's security a not lessened During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensue the work has been completed to Lender's satisfaction,provided that such;nspection shelf be undertaken promptly.Lender may pay for the reporim and restoration in a single disbursement or in a series of progress payments as the work is completed.Unless an agreement is made In wribng or Applicable Law requires interest to be paid on such Mracel- laneom Proceeds,Lender shag not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds_ If the restoration or repair is not economically feasUe or Lender's security would be lessened,the Mrsceilaneom Proceeds shat be applied to the sums secured by the Security instrument,whether or not then due,with the excess,if any,paid to Borrower.Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2 In the evert of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the suns secured by this Security instrument,whether or not than due,wdh4he excess.if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fav market value of Ilm Prop- erty irnmediately before the partial taking,destruction,or loss in value Is eclual to or greater than the amount of the sures segued by this Security Instrument immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing,the orris secured by this Searcy instrument shag be reduced by the amount of the Miscellaneous Proceeds mutiip lied by the foeovring fraction'(a)the total amount of the suets secured immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediately 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 wi'ach the fair market value of the Property unmediatety before the partial taking,destruction,or lass in value is less than the amount of the suns secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwnrse agree in writing,the Mwcek- laneous Proceeds sisal be applied to the sums secured by this Security instrument whether or not the sums are then due. It the Property is abandoned by Borrower,or it,after notice by Lader to Borrower that the Opposing Party(as donned In the next sentence)offers to make an award to settle a clean for damages,Borrower tails to respond to Lender within 30 days after the date the notice is given.Lender a authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security instrument,whetter or not then due*Opposing Party"means the third party that owns Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action an regard to Miscellaneous Proceeds. Borrower shag be an default if any action or proceeding,whether civil or criminal,is begun that,in Lender's judgment could result In forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by ung the acbm or proceeding to be dismissed with a ruhrg that,in Lender's judgment,precludes torfeture of the Property or other material Impairment of Lender's interest in the Property or fights udder this Security Instrument The proceeds of any award or claim for damages that are attributable to the mrparment of Lender's interest in the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied len the order provided for in Section 2. 12. Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the Mme for payment or modrfica- tion of amort¢ation of the sums secured by this Security instrument granted by Lender to 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 shag not be repuirod to oommenee proceedings against any Successor in interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the suns secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in tr>terest of Borrower Any forbearance by Lender in exercising any right or remedy indudil%without limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shag not be a walver of or preclude Bre 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 Wtxhty shall be joint and several However,any Borrower who cc-signs this Security Instrunert but does not execute the Note(a'ooeigner'y(a)is cosigning this Security Instrument only to mortgage,grant and convey the cosigner's Interest in the Property under the terms of thus Security Instrument(b)is not personally obligated to Pay the sums secured by this Security Instrument,and(c)agrees than Lender and any other Borrower can agree to extend, modiy,forbear or make any accommodations with regard to the terms of Bnis Security Instrument or the Note without the eoasigne's consent Subject to the provisions of Section 18,any Successor In Interest of Borrower who assumes Borrower's atuons under this Sewrily Instrument in writing,and is approved by Lander,shall obtain aU of Borrowers riptds and rb✓under OREGOWSietye F".-Fwine SoaFndde Kite uNVOW war UMENT Fort.3a3a 11M EKe MPe,fnc Page 6 of 10 VZVA35iEW 0313 OREDVED t m3fWMT 1 PPST LOAN tt:00$4428585 this security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security instru- ment unless lender agrees to such release in writing The oovenroMs and agreements of this Security Instrument shall and (except as provided in Seabon 20)and benefit the successors and assigns of lender. 14. Loan Charges.Lender may charge Borrower fees for services performed in connection with Borrower's dehatat, for the purpose of protecting Lenders Interest in the Property aid rights Linder the SecwNy Instrument,including.but not limited to,attorneysfees,property Inspection and valuation fees In regard to any other fees,the absence of express author- ity in this Security Instrument to charge a specific be 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 Security Instrument or by Applicable Law It the Loan is sublect to a law which seta maximum ban charges,and that law is flatly interpreted so blah the inter- est or other loan charges collected or b be collected in awmection with the Loan exceed the permitted limits,then (a) any such loan charge shall be reduced by the ar nourd necessary to reduce the charge to the permitted krill:and(b)any starts already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to male this relied by reducing the principal owed under the Note or by making a direct payment to Borrower.If a refund rechices 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 me&by direct payment to Borrower will constitute a waiver of any right of action Borrower might have anshng ofd of such overcharge. 15. Notirahs.AS notices given by Borrower or Lender In connection wth this Security rnstrumeat must be in writing. Any notice to Borrower In connection with this Seemly instrument shall be deemed to have been given to Borrower when mooed by first class mail or when actually delta aced to Borrowers notice address I sent by other means.Notice to any one Borrower shall constbrte rabce to all Borrowers unless Applicable Law expressly requires otherwise The notice address shall be the Property Address unless Borrower has designated a subabbute notice address by notice to Lender Borrower shall promptly notify Lender of Borrower's change of address It Lender specifies a procedure for reporting Borrowers change of address,then Borrower shall only report a charge of address through that specified procedure There may be only one desisted notice address under this Security Instrument at any one time Any notice to Lender shall be given by detNeli g it or by mailing it by fust class mai to Lender's address stated herein unless Lender has designated another addressby rhA-to Borrower.Any notice in connection with the Security Instrument shall rot be deemed to have been given to lander until actually received by Lender,it any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the cormspondiing requirement icer this Security Inslrumerht 18. Governing Law;Severabtilty;Rules of Comstrucdon.This Security Instrumerht shall begovemed by federal law and the taw of the)unsdidxun in which the Property is located.AN nghts and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.Appgcable Law might explicitly or implicitly allow the parties to agree by contact or it might be silent;but such silence shag not be construed as a protubduon against agreemerq by contract In the event that any provision or clause of Ccs Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the Conflicting provision. As used in this Security Instrument(a)words of the masculine gender shall mean and include corresponding neuter words or words of the fenw*ie gender,(b)words in the singular shag mean and include the pfurat and vice versa;and(c) the word*may`gives sole discretion wr W 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 Borwflclsi intorestin Borrower.As used in this Section 18,"Interest in the Property' means any legal or heuheleerot merest In the Property,including,but not limited to,those beneficial interests transferred in a bond for deed,contrad for deed,installment sales contract or escrow agreemerd,the intent of which is the transfer of tie by Borrower at a ftAure date to a purcheser. If all or any pan of the Property or any Interest in the Property is sold or transferred(or 9 Borrower is not a natural per- son and a benetiasl interest in Borrower is sold or transferred)without Lenders prior wallen consent,Lender may require Immediate praymerd In full of all sums secured by this Security instrument However,itis option shall not be exercised by Lender if such etre is prohbged by Applicable Law. If Lender exereses this option.Lender shall give Oorrower notice of acoeleratlon.The notice shag provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 whit i n which Borrower must pay all sums secured by this Security lnstrurnent If Borrower fans to pay these sums prior to 11w expiration of this period,Lender may elvoke any remedies permitted by this Security Instrument without further relics or demand on Borrower 19.Borrower's Right to ROlnstataAfterAeceleratOn,it Borrower meets certain Oo11ditiOnU,Borrower shad have the right to have enlor erhent of this Security instrument discomnued at any time prior to the earliest of.(a)five days before sale of the Property pursuard to any power of sale contained in this$ecurtty Irsbumerrt(b)such other period as Applicable Law might speedy for the termination of Borrowwer's right to reinstate;or(c)entry of a judgment eniorarg this Security Instrument Those conditions are that Borrower.(a)pays Lender all sums which then would be due under this Security Instrument and the Note as C no acceleratlon had occurred.(b)cures any default of any o0ner covenants or agreements;, (c)pays all expenses incurred in enforcing this Security instrument inchudin%but not limited to,reasonable attorneys• fees,property Inspection and valuation fees,and other fees incurred for the purpose of protecting Lander's interest in the Properly and rights under this Security Instrument,and(d)takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Saou*instrument,and Borrowers obligation to pay the stirs seared by this Sam#*Irstrummk shag continue undange&leader may require that Borrower pay such renstatement suras and expanses in one or mora of the following romg,as selected by Larder(a)cash;(b)money order,(c)caddied check bank check treasurers check or cashiers check provided any such check is drawn upon an nnsUtution whose deposits are insured by a federal agency,insbumor tatty or entity.or(d)Electrasc Funds Transfer Upon renslatement by Borrower,the Security instrument and obligations secured hereby shall roman fully effective as d no acxekratm had occurred however.this fight to minstall a shall rod appy in the case of acceleration under Section 18. 20.Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a pal Interest in the Note(together with this Security Instrur lent)can be sold one or more times wthoul:prior notice to Borrower.Asale might reship In a change In the""(known as ft-Loan Servicer-)that collects Periodic Payments due Linden the.Nate and the Searcy Ith*w ment and performs other mortgage ban serwoshg obligations under the Note,the Security irnst=Inio a Applicable IV GRE60N-S6itM Feuer--Fwmk l,11"Wrocift NWc UNFORM s+s1}t MNT form mu 1mt 1',1�7 EW Mrs.W- Page 7 of 10 esu r uta CREOeSD(CLS) neMWMT 110.12 AM PST t: LOAN 0.0OW21665 Laws Than ale0 mghl be one at mors ctwVn of the Loan Servicer unrelated to a a"of the Note It Uwe a a change of the Loan SWAM,Borrower wil be gfren wrlMen► No,of the tante wtach iatM idle tat d w1N and eddies chit tat now Loan Servicer,the addicts to witch payments sfhotAd be made and any other talomtat in RFSPA requires In oomecbon with a notice of traneter of servicing.It the Note a gold and thereafter the loan a serviced by a Loan Sarvbar other than the purchaser of the i-4 the mcr%Me ban sery=V obligations to Borrower will remain with this Loath Services or be transferred to a a miessor Loon Servicer and are riot assumed by the Note purchaser unless otherwise provided by the Note purchaser. Nater Borrower not Lender may ham menim)oln,or be)okM to any Xrdicral action(as either an individual idgant or the member of a class)that arses from the other party'*actions puraul rut to the Security Insbvrnent or that alleges that the other party has breached any provision of,or any dirty owed by reason of,itis Security Insbument.until such Borrower or Lender has notified the other party(wtih such rrotoe given in compAana vrith the requtchrients of Section 15)of such alleged breach and ailaded the other party hereto a reasonable period after the gang of such notice to take connotive action.IfApp*mbM Law provides a tarn period which must"was before certain action can be taken,that time period will be deemed to be reasonable for purposes of this wagraph.The nobce of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acoserabon given to Borrower pursuant to Section 18 shat be deemed to satisfy the nobce and opportunity to take corrective action provisions of the Section 20. 21.Hazardous Substances.As used in this Section 21•(a) Hazardous Substances'are those substances defined as tone or hazardous substances,pollutants,or wastes by Environmental Law and the fogowing substancm gasoline, kerosene,other flammable or toxic petroleum products.toric peaacides and herbicides,volahfe sohrmts,materials cm- tairing asbestos or formaldehyde,and radioactive materials,(b)'Emironmental Lawn means federal laws and iawri of the prediction where the Property is located that relate to heattL safety or envvormertsl protection;(c)'Environmental Cleanup'hckrdsa any response adlon,remedial action,or removal action,as delined In FAwironmentai Law,and(d)an 'Envirarrnertat Cond inion'means a condition that can cauK contribute to.or otherwise trigger an Environmental Cleanup. Boniower shag not cause or permit the presence,use,disposal storage,or release of any Hazardous Substances.or threaten to release any Hazardous Substances,on or in the Property Borrower shat not do,nor allow anyone else to do, anyftr g affecting the Prop arh(a)that s in violation of any Environmental Law,(b)vAw:h creates an Environmental Condi- lion,or(c)whi irk due to the presenia,dee,at release of a Hazardous substance.creates a condition that adversely affects the value of the Proparty.tic The preceding two sentences shag not apply to the presence,use,or storage on the Property of small quatttRdes of Hazardous Substances that are generally recognized to be appropriate to normal residertal uses and to maintenance of the Property(ehduding,but not limited tit hazardous substanrxs in tx>thsumer products) Borrower shall promptly give Lender written notice of(a)any khvesingaW A claim,demand.lawsuit or otter action by tiny governmental a regulatory agency or private party involving the Property and any Hazardous Substance or Envkwv. mental taw d vvtwclh Borrower-has actual knowledge,(b)any Environmental CondAbn,including bed not Imgad to.any spggng,leaimg,discharge,rrNease or threat of release of any Hazardous Substance,and(c)any condition caused by the piesei use or release of a Hazardous Substance which adversely affects the value or the Property if Borrower cams, or is notified by any governmental or nVulalory Whonty,or any prtvete party.that any removal or other min iedistdon of any Hazardous Sutr stancce affecting the Property is necessary.Borrower stud prwnptty take all necessary remedial actions in accordance vWb Environmental Lan Nothing herein shag create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 22.Acceleration;Remedies.Lender shag give notice to Borrower prior to acceleration following 8orroiwer's breach of any covenant or agreement In this Security Instrument(but not prior to acceleration under Saxton 18 un(essAppikable taw provides otherwise).The notice shall specify:(a)the defauk;(b)the action required to cure the deftuk;(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 euro the default on or before the date specified In is notice may result M aeoal. wallon of the sums secured by this Security Instrument and ask of the Property.The notice shall further(Morro Borrower of the right to reinstate attar acceleration and the right to bring a court action to assert the man-existence of a default or any other defense of Borrower to occohlorallon and sale,if the defaut Is not cured on or before the rials spedted In the notice,Lender at Its option may require immediate payment M full of all sums secured by this Security Instrument without further demand and may Invoke On power of sale and any other rerradhes permitted by Applicable Law.Lender shall be entitled to collect at)expenses Incurred In pursuing the remedies provided In 0"Section 22,Including,but not limited to,reasonable attorneys'fees and costs of title evidence. If Lender Invokes the power of sate.Lender shalt ir"cub or cause Trustee to execute a written notice of the occurrence of an deviant of default and of Lender's election to cause the Property to bt sold and shag cause such notice to be recorded In each county In which any pad of the Property is located.Lender or Trus toe shale give notice of sale In the manner prescribed by Applicable Law to Borrower and to other persons proscribed by Applicable Law.After the tine required by Applicable taw,Trwtee,without demand on Borrower,shall seg the Property at public auction to the highest bidder at the dme and place and under the terms designated in the notice of sale In one or more parcels and In any order Trustee determines_Truatse may postpone sale of all or any parcel of the Property by public announcement at the thine and place of any previously scheduled sale.Lander or Its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property wkhout any covenant or war- ranty,expressed or Implied.The reckaks In the Trustee's deed shat be prima facie evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale in the following order.(a)to all expenses of the sale,Including,but not limited to,reasonable Trustee's and attorneys'fees;(b)to all sums secured by this Security Instrument;and(c)any excess to the person or persons legally entitled to it 23. Reconveyance.Upon payment of all surra seated by this Security InsbumenL Lender shell request.Trusties to reconvey the Property and shag surrender the Securtty Inslrwnert and all motes evidencing debt seared by the Sectsly Instrument to Trustee.Trustee shag reconvey the Property without warranty to the person or persons legally entitled to t Such person or persons shag pay any recordation costs.Lender may charge such parson or persona a dee for rec inveying the Property,but only if the fee is pari to a third party(such as the Trustee)for services rendered and the corgi of the fee is permitted under Applicable taw C OREGON-Sbq*Fwn6t Fir w*MrJFmdaL Wr Uf FORM NSTRURU31T Form 311013 111111 InMa mr Ellie Vim Inc. Page 8 of 10 cele OREO D e 05MWO17 10,12 AM PAST LOAN 8:0064428M 24.Substitute Trustee.Lander may from time to bme remove Tnistee and appo,"a successor trustee to arty Trustee app~hereunder.YMW eonveyanoe of the Property,the successor trustee shall succeed to all the file,power and duties corder red upon Trustee herein and by Applicable Law. 25.Attorneys'Fede.As used in this Security Instrument and in the Note,attorneys'fees shah include those awarded by an appellate court 28. Protective Advances.This Security instrument secures any advances Lender,at its discretion,may make under Secbm 9 of this Security Instrument ment to protect Lender's interest n the Property and rights under On Security instrument 27.Required Evidence of Property Insurance. WARNING Unless you provide us with evidence of the insurance coverage as required by our contract or ben agreement, we may purchase r durance at your expense to protect our Interest This Insurance may,but need not,also protect you interest If the collateral becomes damaged,the ooverage we purchase may not pay any darn you make or any claim made against you.You may later caricei this coverage by providing ewdence that you have obtained property coverage elsewhere You are responstile for the cost of any insurance purchased by us The cost of this insurance may be added to your contract or loan balance.If the cost s added to your contract or loam balance,the riterest rate on the underlying contract or low will apply to this added amourill The effectdve date of coverage may be the date your prior coverage lapsed or the date you Wed to provide proof of coverage The coverage we purchase may be considerably more expensive than insurance you can obtain on your own and may not satisfy any need for property damage coverage or any mandatory Iablity assurance requirements bnposed by Applicable Law. BY SIGNING BELOW.Borrower accepts and agrees to the terms and covenarls contained In tads Security Instrument and in any Rider executed by Borrower and recorded with it (Seal) Fp A S- - (Seal) MELISSA AL FOLEY ®AT OREGON-Sirgie Family-Fannie Mae/Froddle Yu tRAFORM INSTRUMENT Fath 3033 V011 lnl Elite Mss,Im Page 9 of 10 0315 OREDEED(CLS) 03MeMT 10.12 AM PST LOAN 3:006442ti565 Stab of OREGON County of WASHINGTON This instrument was acknowledged before me on MAY 26,2017-try GREG P FOLEY AND LSSA M. i=OLEY. J W Sigoatu of No 7 Office MARIs610NFPN NOTARY PUBu0 comk lam {� YIIFfkt Mf comm wfs]Q6i£3if#IION12.M2t t ta an n rf- My com mission expires; Lsnden tWWAm Loan Servicing,LLC NMLS M.391M Lawn Originator:Michael Eugene Winski NYLS ro.17sm ORMOOK-Sk9k F-At-Fad""Wr-ddk MW UNFORM NSTRU MIT tram 3001 1M to !,/lif iM,Mra tee k dqEdEm Oms 091ertet710.'12 ai Pat r JM� Simpl Home Designs RECEIVE 4931 SW 76TH Ave PMB 211 JUL 2 4 2019 Portland,OR 97225 CITY OF TIGARD S;MPL HOME DESIGNS Phone: 503.515.6495 PLANNING/ENGINEERING TINNK OUT OF TIS � Fax: 503.719.4825 mikem@ezpermits.biz www.ezpermits.biz July 4, 2019 Type I Land Use Review Owners: Greg and Melissa Foley 112801 SW 78th Ave Tigard, OR 97223 Applicant: Mike Montgomery Simpl Home Designs 4931 SW 76th Ave. PMB 211 Portland, OR 97225 Ph 503-515-6495 Fax 503-719-4825 mikem@ezpermits.biz Address: 11280 SW 78th Ave. Property ID: R282394 State ID No.: 1S136CA01200 Zoning: R-4.5 Case Type: Type I ADU Land Use Review Proposal: Convert back '/2 of 2 story addition to become ADU. Building permit for the addition is #MST2018-00201 . SHD letterhead Accessory Dwelling Units 18.220.040 A. Number of units: This is the only proposed ADU. B. Size: 2. The area of the proposed ADU is 703 sq. ft. The existing house including the new master bedroom is 1598 sq. ft. C. Height: 2. Maximum height for this zone is 30'. Portion of building with ADU is 25.5' tall. D. Setbacks: All setbacks are met for the house. E. Entrances: The entrance to the ADU is from the side elevation. F. Parking: There are actually 4 parking spaces now; 2 in the garage and 2 in the driveway. There is also parking available in front of the house. See attached. G. Home Occupation - N/A H. Accessory dwelling units in accessory structures - N/A SHD letterhead