Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Application APPLICANT 1/30/2014
• • ,City of Springfield SPRINGFIELD Development Services Department 225 Fifth Street Springfield, OR 97477 hit Site Plan Review Application Type (Applicant: check one) Site Plan Review Pre-Submittal: ❑ Major Site Plan Modification Pre-Submittal: ❑ Site Plan Review Submittal: © Major Site Plan Modification Submittal: ❑ Required Project Information (Applicant: complete this section) Applicant Name: Brandon Olsen Phone: 503-691-4998 Company: AT&T Mobility Email: bo2293 @att.com Address: 19801 SW 72nd Ave, Tualatin, OR 97062 Applicant's Rep.: Steve Bodine Phone: 503-544-9695 Company: Lexcom Development Corp., For AT&T Mobility Email: Address: 9635 SW Washington St, Portland, OR 97225 steve.bodine @lexcomcorp.com Property Owner: Mr. Randy Cummings Phone: 541-913-6493 Company: TAJ Enterprises, Inc. Email: randyac @gmail.com Address: 19110 E. Poco Rio Drive, Rio Verde, AZ 85263 ASSESSOR'S MAP NO: 0188532 ITAX LOT NO(S): 1703220002603 Property Address: 2728 Pheasant Blvd, Springfield, OR 97477 Size of Property: 3.02 Acres © Square Feet ❑ I Proposed Density: Proposed Name of Project: EG34-Gateway Mall East Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: See Attached Existing Use: Property currently maintains a fitness facility on site New Impervious Surface Coverage (Including Bldg. Gross Floor Area): sf Si ' natures: Please si•n and •rint our name and date in the a•.ro•hate box on the next .a•e. Required Project Information (City Intake Staff: complete this section) "af -0000z -sfa Associated Applications: ? / ?-55D3tb C UV/1't) Signs: TU 5-k vC £Jt ✓'z Pre-Sub Case No.: /24 — 05DD I Date: Reviewed by: 2c'-- Case No.: l ZIA- 00-00 Date: (/ / O/y R2tllluv Gve Application Fee: $ 2:21,50 Technical Fee: $ 2/(70 Jp,µos$a 4Fee: $ /C2,0 c TOTAL FEES: $ _1 J q J , ! 3 PROJECT NVIl®BEtgtt3 Revised 5/21/13 KL 1 of 12 • • • Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the information in this application is correct and accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. • I/we do hereby acknowledge that I/we are legally responsible for all statutory time •- • mation, r-! . =.ts and requirements conveyed to my representative. Owner: Date: /Z/OB Signet a . • Print Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a co •• •'on. Owner Date: /0/ I Signa ITZN Print Date Received: JAN 302014 Revised 5/21/13 KL Original Suk oft12l/ _ • • 1/30/14 AT&T Mobility-Proposed WTS Facility-Site Plan Review Site Location: 2728 Pheasant Blvd., Springfield, OR 97477 Prepared by: Steve Bodine, Lexcom Development Corp., For AT&T Mobility 615 8th Ave South, Seattle, WA 98104 503-544-9695 steve.bodine@lexcomcorp.com Date Received: JAN 302014 Original Submittal 67 I\ • • Site Plan Review Application Form Date Received: JAN 302014 Original Submittal iff • Table of Contents 1. Site Plan Review Application Form 2. Site Plan Review Narrative and Approval Criteria 3. Site Plan to include • Site/plot plan • Landscaping plan • Utilities coordination plan • Identified easements • Drainage plan 4. Supporting Reports and Documentation Exhibit #1-RF Justification Report Exhibit #2-Acoustical/Noise Report Exhibit #3-FAA Determination and FCC Support documentation Exhibit #4-Construction, Maintenance, and Landscaping Summary Exhibit #5-RF Emissions Engineer Statement Exhibit #6-Proposed Site Lease Exhibit #7-Utilities Coordination Report Exhibit #8-Photo Simulations and Map Exhibit #9 -Copy of Deed/Title Report Exhibit #10-Generator and HVAC Specification sheets Date Received: JAN 302014 Original Submittal 4 Site Plan Review Narrative and Approval Criteria Date Received: JAN 302014 Original Submittal TO •/ • AT&T Mobility-Site Plan Review Narrative PROPOSAL: AT&T Mobility is proposing to develop a new WTS to be located at 2728 Pheasant Blvd., Springfield, OR 97477. The proposed development will include the placement of antennas and related ancillary equipment on a new 120' Monopine tower. Associated ground equipment will be placed in a new equipment shelter compound adjacent to the proposed tower. Both tower and equipment compound areas will incorporate screening and camouflaging techniques per jurisdiction requirement in order to blend in with the surrounding environment. BACKGROUND: Per the City of Springfield 4.3-145 Wireless Telecommunications System (WTS) Facilities code,AT&T Mobility is requesting this new site development to close a significant gap in service coverage for existing AT&T Wireless customers in the subject area that cannot be met through existing WTS facilities options. Per discussion with City of Springfield planning department representatives,AT&T Mobility has selected a site location residing within a jurisdiction-preferred location (Community Commercial Zone) that limits impact on surrounding residential areas. During the site acquisition process,AT&T representatives researched minimum visibility options within the search area including prospective rooftop design options and related. Given the 120' minimum height requirement needed to achieve coverage objectives in the area, no low visibility design options were available. In addition,we researched possible co-location opportunities on existing WTS facilities in the general area per code requirement. While these options were analyzed, all existing sites will not meet AT&T coverage objectives. Specifically, they will only provide overlapping redundant coverage and will not address coverage needs. Please see Exhibit#1-RF Justification Report for a summary of these results. Furthermore, the use of micro cells,whip antennas, and other low visibility technology options were considered but AT&T RF engineering confirmed that these design options could not be utilized in order to achieve intended coverage objectives. (See attached Exhibit#1-RF Justification Report) To further minimize visual impact,AT&T Mobility will adhere to the moderate visibility design option identified in the City of Springfield, OR code as this design option will provide the least intrusive means to close the existing coverage gap in the area. A mono-pine tower application will be incorporated. The site will be located at the SW corner of the athletic club building and SW side of the parcel in order to minimize visual impact. Associated ground cabinets and ancillary equipment will be placed in a textured concrete shelter, similar to other WTS shelters found within the jurisdiction. An emergency generator and HVAC system will be housed within the textured concrete shelter in addition to the ground cabinets. Fencing aneived: JAN 302014 Original Submittal_ landscaping requirements will provide additional screening and camouflaging techniques in order to further minimize overall visual impact and meet jurisdiction code requirements. To assist with maximizing the use of existing WTS facilities while working to minimize the need to construct additional facilities in this area in the future, the proposed WTS will be designed to accommodate future co-location opportunities by other carriers servicing customers in this service area. The proposed location of the intended WTS development is more than 2,000 feet from any existing WTS. The project is part of AT&T Mobility effort to upgrade its facilities in the City of Springfield and surrounding area. It is meant to provide improved voice and data services and better coverage to the dedicated area. Date Received: JAN 302014 Original Submittal,_, • • \ APPLICABLE CODE REQUIREMENTS Section F-General Standards All applications for WTS facilities are subject to the standards in this Section to the extent that they do not violate Federal limitations on local siting standards. Where application of the standards found in this Section constitutes a violation,the least intrusive alternative for providing coverage shall be allowed as an exception to the standards. 1. Design for Co-Location.All new towers shall be designed to structurally accommodate the maximum number of additional users technically practicable. Findings: AT&T Mobility will design the proposed WTS to accommodate a minimum of two additional wireless carriers. This will be confirmed via a Structural Analysis report demonstrating the tower will accommodate additional carriers. This report will be supplied as a part of the pending building permit review and approval process with the jurisdiction. Therefore, the criterion is met. 2. Demonstrated Need for New WTS Facilities.Applications shall demonstrate that the proposed WTS facility is necessary to close a significant gap in service coverage or capacity for the carrier and is the least intrusive means to close the significant gap. Findings: The attached AT&T RF Justification report, coverage propagation maps, and RF engineering feedback demonstrates that the proposed WTS Facility is necessary to close a significant gap found in the subject area. Please see Exhibit#1- RF Justification Report. Therefore, the criterion is met. 3. Lack of Coverage and Lack of Capacity.The application shall demonstrate that the gap in service cannot be closed by upgrading other existing facilities. In doing so, evidence shall clearly support a conclusion that the gap results from a lack of coverage and not a lack of capacity to achieve adequate service. If the proposed WTS facility is to improve capacity, evidence shall further justify why other methods for improving service capacity are not reasonable,available or effective. Findings: The attached AT&T RF Justification report, coverage propagation maps, and RF engineering feedback demonstrates that the proposed WTS Facility is necessary to close a significant gap found in the subject area Please see Exhibit#1-RF Justification Report. Therefore, the criterion is met 4. Identify the Least Intrusive Alternative for Providing Coverage. The application shall demonstrate a good faith effort to identify and evaluate less intrusive alternatives, including, but not limited to, less sensitive sites, alternative design systems, alternative tower designs, the use of repeaters, or multipleaeliftsCeided; uU JAN 302014 Original Submittal= ro ___ • • Subsection F.S. defines the type of WTS facilities that are allowed in each zoning district. Findings: AT&T Mobility is proposing a moderate visibility design option after analyzing all design and technology considerations. The siting on a commercial zone in a preferred area achieved. The monopine tower and screened compound area is the least intrusive means to close the significant gap. Please see Exhibit#1-RF Justification Report. Thus, this criterion was met. 5. Location of WTS Facilities by Type. Subsection E. defines various types of WTS facilities by their visual impact.These are: high visibility, moderate visibility, low visibility and stealth facilities. Table 4.3-1 lists the type of WTS facilities allowed in each of Springfield's zoning districts. Table 4.3-1 Zoning Districts Types Allowed Special Heavy Industrial High visibility Heavy Industrial Moderate visibility Light-Medium Industrial Low visibility Quarry Mining Operations Stealth Community Commercial Low visibility Campus Industrial Moderate visibility Booth Kelly Mixed Use Stealth Major Retail Commercial Mixed Use Employment Mixed Use Commercial Medical Service Neighborhood Commercial Low visibility General Office Stealth Low Density Residential Medium Density Residential High Density Residential Mixed Use Residential Public Land and Open Space FINDINGS: The proposed site resides in the Community Commercial zoning district. Based on this classification, low and moderate visibility and stealth option types are allowed. No rooftop (low visibility) options were available in the intended coverage area. Other low visibility options including whip antennas, micro cells, repeaters, and like design options are not viable based on AT&T site design considerations. (See attached Exhibit 1-RF Justification Report). To adhere to the moderate visibility Date ved: JAN30Recei2014 Original Submittal-- S standard,AT&T Mobility proposes the development of a 120' monopine tower and related compound design application. Thus,this criterion is met 7. Separation between Towers. No new WTS tower maybe installed closer than 2,000 feet from any existing or proposed tower unless supporting findings can be made under Subsections F.2., 3.and 4.by the Approval Authority. FINDINGS: The proposed WTS tower is more than 2,000 from any existing or proposed towers in the area. Thus, this criterion is met. 8. WTS Facilities Adjacent to Residentially Zoned Property. In order to ensure public safety,all towers located on or adjacent to any residential zoning district shall be set back from all residential property lines by a distance at least equal to the height of the facility, including any antennas or other appurtenances.The setback shall be measured from that part of the WTS tower that is closest to the neighboring residentially zoned property. FINDINGS: The.proposed WTS facility is surrounding by commercial zoned parcels to the North,South and East The proposed parcel is adjacent to a residential zoned parcel (MDR) to the west. The proposed monopine tower is 120' tall. The adjacent residential parcel is 122' from the intended property line. Thus,this criterion is met. 9. Historic Buildings and Structures. No WTS facility shall be allowed on any building or structure, or in any district, that is listed on any Federal, State or local historic register unless a finding is made by the Approval Authority that the proposed facility will have no adverse effect on the appearance of the building, structure, or district. No change in architecture and no high or moderate visibility WTS facilities are permitted on any building or any site within a historic district Proposed WTS facilities in the Historic Overlay District are also subject to the applicable provisions of Section 3.3-900. FINDINGS: The proposed parcel for the AT&T Mobility WTS facility does not maintain historic buildings or structures on site, thus,the criterion is met. 10. Equipment Location. The following location standards shall apply to WTS facilities: a. No WTS facility shall be located in a front, rear, or side yard building setback in any base zone and no portion of any antenna array shall extend beyond the property lines; b. Where there is no building, the WTS facility shall be located at least 30 feet from a property line abutting a street; Date d: JAN 3 0 Receive 201k Original Submittal__ --- c. For guyed WTS towers, all guy anchors shall be located at least 50 feet from all property lines. FINDINGS: As demonstrated on the attached site plan, the intended tower and associated equipment compound adhere to 10a, 10b, and 10c code requirements. Thus, this criterion is met. 11. Tower Height. Towers may exceed the height limits otherwise provided for in this Code. However,all towers greater than the height limit of the base zone shall require Discretionary Use approval through a Type III review process, subject to the approval criteria specified in Subsection I. FINDINGS: AT&T Mobility is proposing a 120' monopine WTS facility. It is understood that the approval process will require both site plan and discretionary use approval via Type III review process. 12. Accessory Building Size.All accessory buildings and structures built to contain equipment accessory to a WTS facility shall not exceed 12 feet in height unless a greater height is necessary and required by a condition of approval to maximize architectural integration. Each accessory building or structure located on any residential or public land and open space zoned property is limited to 200 square feet, unless approved through the Discretionary Use process. FINDINGS: The proposed equipment shelter(accessory building) is consistent with other existing equipment shelter/accessory buildings found at similar WTS installations within the jurisdiction The proposed ground equipment shelter maintains the following dimensions: 11.5'x 26' x 10.4'. The shelter will not exceed the 12' height limit. Per discussion with jurisdiction representatives, no issues were identified.Thus, this criterion is met. 13. Visual Impact.All WTS facilities shall be designed to minimize the visual impact to the greatest extent practicable by means of placement, screening, landscaping,and camouflage.All facilities shall also be designed to be compatible with existing architectural elements, building materials,and other site characteristics. The applicant shall use the least visible antennas reasonably available to accomplish the coverage objectives. All high visibility and moderate visibility facilities shall be sited in a manner to cause the least detriment to the viewshed of abutting properties, neighboring properties,and distant properties. FINDINGS: The proposed AT&T Mobility WTS facility is located in the Community Commercial zone, a preferred site location per jurisdiction code request. Utilizing the moderate visibility design option (faux tree/monopine application), this facility will be designed to minimize visual impact. Corresponding equipment shelter and compound will adhere to fencing and landscaping code requirements including use of slat fencing material, placement and maintenance of requested vegetation for screening and related landscaping around the perimeter of the compound to Date Received: JAN 3 0 2014�( Original Submittal • • minimize visual impact. A site maintenance plan will monitor and service landscaping and vegetation development post site completion. (See Site Plan and Exhibit#4-Construction, Maintenance, and Landscaping Summary).Thus,this criterion is met. 14. Minimize Visibility. Colors and materials for WTS facilities shall be nonreflective and chosen to minimize visibility. Facilities, including support equipment and buildings,shall be painted or textured using colors to match or blend with the primary background, unless required by any other applicable law. FINDINGS: The proposed WTS facility will be designed as a monopine. All antennas and related ancillary equipment to be placed on the tower will be painted to match in order to blend in with the primary background. In addition, proposed equipment shelter and related ground equipment will be fenced and landscaped in order to further minimize visual impact and blend in with general parcel aesthetic.Thus, this criterion is met. 15. Camouflaged Facilities.All camouflaged WTS facilities shall be designed to visually and operationally blend into the surrounding area in a manner consistent with existing development on adjacent properties. The facility shall also be appropriate for the specific site. In other words, it shall not"stand out"from its surrounding environment. FINDINGS: The proposed WTS facility will be designed as a monopine. All antennas and related ancillary equipment to be placed on the tower will be painted to match in order to blend in with the primary background. In addition, proposed equipment shelter and related ground equipment will be fenced and landscaped in order to further minimize visual impact and blend in with general parcel aesthetic.Thus, this criterion is met. 16. Facade-Mounted Antenna. Facade-mounted antennas shall be architecturally integrated into the building design and otherwise made as unobtrusive as possible. If possible, antennas shall be located entirely within an existing or newly created architectural feature so as to be completely screened from view. Facade-mounted antennas shall not extend more than 2 feet out from the building face. FINDINGS: Facade-mounted antennas are not a part of the intended design application. Thus, this criterion is not applicable. 17. Roof-Mounted Antenna. Roof-mounted antennas shall be constructed at the minimum height possible to serve the operator's service area and shall be set back as far from the building edge as possible or otherwise screened to minimize visibility from the public right-of-way and adjacent properties. FINDINGS: Roof mounted antennas are not a part of the intended design application. Thus,this criterion is not applicable. Date Receive d: JAN 302014 Original Submittal_--- • • 18. Compliance with Photo Simulations.As a condition of approval and prior to final staff inspection of the WTS facility, the applicant shall submit evidence, e.g., photos, sufficient to prove that the facility is in substantial conformance with photo simulations provided with the initial application. Nonconformance shall require any necessary modification to achieve compliance within 90 days of notifying the applicant FINDINGS: Please see attached photo simulations as demonstrated in Exhibit#8- Photo Simulations and Map. Thus, this criterion is met 19. Noise. Noise from any equipment supporting the WTS facility shall comply with the regulations specified in OAR 340-035-0035. FINDINGS: The proposed AT&T Mobility WTS complies with regulations specified in OAR 340-035-0035. Please see attached noise study report for reference (Exhibit #2-Acoustical/Noise Report). Thus, this criterion is met 20. Signage. No signs,striping,graphics, or other attention-getting devices are permitted on any WTS facility except for warning and safety signage that shall: a. Have a surface area of no more than 3 square feet; b. Be affixed to a fence or equipment cabinet; and c. Be limited to no more than 2 signs, unless more are required by any other applicable law. FINDINGS: AT&T Mobility intends to affix signage per warning and safety signage based on jurisdiction requirements. Thus, this criterion is met 21. Traffic Obstruction. Maintenance vehicles servicing WTS facilities located in the public or private right-of-way shall not park on the traveled way or in a manner that obstructs traffic. FINDINGS: The intended AT&T Mobility WTS facility is located off-street and not in the public or private right-of-way. Thus, this criterion is not applicable. 22. Parking. No net loss in required on-site parking spaces shall occur as a result of the installation of any WTS facility. FINDINGS: The intended AT&T Mobility WTS facility will utilize existing median area for the tower. The proposed equipment compound will be placed adjacent to the tower. It will utilize a 20'x 30' area in the existing parking lot Please see P1- Parking Plan as identified in the attached site plan for reference. By upda 0Recelved: JAN 302014 / Original Submittal 10 • • exiting parking lot footprint to incorporate standard and economy parking space configuration,this placement will not result in a net loss of on-site parking. Thus, this criterion is met. 23. Sidewalks and Pathways. Cabinets and other equipment shall not impair pedestrian use of sidewalks or other pedestrian paths or bikeways on public or private land. FINDINGS: The intended AT&T Mobility WTS facility will utilize existing median area for the tower. The proposed equipment compound will utilize a 20' x 30' area in the unmarked parking area on the parcel. This placement will not impact existing sidewalks and pathways adjacent to the existing building structures. Thus,this criterion is met. 24. Lighting. WTS facilities shall not include any beacon lights or strobe lights, unless required by the Federal Aviation Administration (FAA) or other applicable authority. If beacon lights or strobe lights are required, the Approval Authority shall review any available alternatives and approve the design with the least visual impact. All other site lighting for security and maintenance purposes shall be shielded and directed downward,and shall comply with the outdoor lighting standards in Section 4.5-100, unless required by any other applicable law. FINDINGS: Per AT&T Mobility FAA Regulatory, this will not require FAA authorization based on proximity to nearby airports and related FAA observances. Beacon lights or strobe lights will not be required. Please see attached Exhibit#3- FAA Determination and FCC Support documentation. Thus,this criterion is met The proposed equipment shelter residing within the new fenced and landscaped compound area will maintain a small directional light attached to the shelter adjacent to the access door. It is intended for technician use while on site. Per code requirement(4.5-110), this will be a "downward"facing light providing minimum illumination with focus on the entry access door area only. It will be shielded by a downward facing housing. 25. Landscaping. For WTS facilities with towers that exceed the height limitations of the base zone,at least 1 row of evergreen trees or shrubs, not less than 4 feet high at the time of planting, and spaced out not more than 15 feet apart,shall be provided in the landscape setback. Shrubs shall be of a variety that can be expected to grow to form a continuous hedge at least 5 feet in height within 2 years of planting.Trees and shrubs in the vicinity of guy wires shall be of a kind that would not exceed 20 feet in height or would not affect the stability of the guys. In all other cases, the landscaping, screening and fence standards specified in Section 4.4-100 shall apply. FINDINGS: The intended AT&T Mobility WTS facility will include slatted fencing and landscaping to include maple and arborvitae plantings per the code requirement In addition,a landscape maintenance plan will monitor/support all plantings and Date Received: JAN 302014 Original Submittal_LL�/ -- • • related on site. See Exhibit#4-Construction, Maintenance, and Landscaping Summary for reference. Thus, this criterion is met. 26. Prohibited WTS Facilities. a. Any high or moderate visibility WTS facility in the Historic Overlay District. b. Any WTS facility in the public right-of-way that severely limits access to abutting property,which limits public access or use of the sidewalk, or which constitutes a vision clearance violation. c. Any detached WTS facility taller than 150 feet above finished grade at the base of the tower. FINDINGS: The intended AT&T Mobility WTS facility is not in a Historic Overlay District. The intended WTS facility is not in the public right-of-way. The intended WTS facility will be 120' tall. Thus, the above criterion is met. 27. Speculation. No application shall be accepted or approved for a speculation WTS tower, i.e., from an applicant that simply constructs towers and leases tower space to service carriers, but is not a service carrier, unless the applicant submits a binding written commitment or executed lease from a service carrier to utilize or lease space on the tower. FINDINGS: The intended AT&T Mobility WTS facility will be owned and utilized by AT&T Mobility. Thus, this criterion is met. Section G-Application Submittal Requirements 2. Submittal Requirements for Moderate and High Visibility Facilities (Type Ill Review).Applications for moderate and high visibility WTS facilities shall require all of the required materials for low visibility and stealth WTS facilities specified in Subsection G.1. In addition to the applicable Site Plan and Discretionary Use application requirements, WTS applications shall require the applicant to address the following: a. Height. Provide an engineer's diagram showing the height of the WTS °° facility and all of its visible components, including the number and types of antennas that can be accommodated. Carriers shall provide :a evidence that establishes that the proposed WTS facilities are designed > a to the minimum height required from a technological standpoint to '0) meet the carrier's coverage objectives. If the WTS facility tower height N , o _ will exceed the height restrictions of the applicable base zone, the p: "' E z 7) narrative shall include a discussion of the physical constraints, e.g., N .q (7) topographical features, making the additional height necessary.The Q c 0 • • narrative shall include consideration of the possibility for design alternatives, including the use of multiple sites or microcell technology that would avoid the need for the additional height for the proposed WTS facility. See attached Site Plan b. Construction. Describe the anticipated construction techniques and timeframe for construction or installation of the WTS facility to include all temporary staging and the type of vehicles and equipment to be used See attached Exhibit#4-Construction, Maintenance,and Landscaping Summary c. Maintenance. Describe the anticipated maintenance and monitoring program for the antennas, back-up equipment,and landscaping. See attached Exhibit#4-Construction,Maintenance, and Landscaping Summary d. Noise/Acoustical Information. Provide the manufacturer's specifications for all noise-generating equipment including, but not limited to, air conditioning units and back-up generators,and a depiction of the equipment location in relation to abutting properties. See attached Exhibit#2-Acoustical/Noise Report e. Landscaping and Screening. Discuss how the proposed landscaping and screening materials will screen the site at maturity. See attached Site Plan and Exhibit #4-Construction,Maintenance, and Landscaping Summary f. Co-Location. In addition to the co-location requirements specified in Subsection G.1.c., the applicant shall submit a statement from an Oregon registered engineer certifying that the proposed WTS facility and tower, as designed and built, will accommodate co-locations, and that the facility complies with the non-ionizing electromagnetic radiation emission standards as specified by the FCC. The applicant shall also submit Date Received: JAN 3020141 Original Submittal • • See attached Exhibit#5-RF Emissions Engineer Statement i. A letter stating the applicant's willingness to allow other carriers to co-locate on the proposed facilities wherever technically and economically feasible and aesthetically desirable; NOTE: AT&T Mobility will design the proposed WCF to accommodate a minimum of two additional wireless carriers. This will be confirmed via a Structural Analysis report demonstrating the tower will accommodate additional carriers. This report will be supplied as a part of the pending building permit review and approval process with the jurisdiction ii. A copy of the original Site Plan for the approved existing WTS facility updated to reflect current and proposed conditions on the site; and See attached Site Plan iii. A depiction of the existing WTS facility showing the proposed placement of the co-located antenna and associated equipment.The depiction shall note the height, color and physical arrangement of the antenna and equipment. See attached Exhibit #8-Photo Simulations and Map g. Lease. If the site is to be leased, a copy of the proposed or existing lease agreement authorizing development and operation of the proposed WTS facility. See attached Exhibit#6-Proposed Site Lease h. Legal Access. The applicant shall provide copies of existing or proposed easements,access permits and/or grants of right-of-way necessary to provide lawful access to and from the site to a City street or a State highway. No additional access easements are required. ii. Lighting and Marking.Any proposed lighting and marking of the WTS facility, including any required by the FAA. Date Received: JAN 302014 Original Submittal • • Per FAA and AT&T Mobility Regulatory, no lighting will be required. See attached Exhibit#3-FAA Determination and FCC Support documentation. Per above Section F(24),The proposed equipment shelter residing within the new fenced and landscaped compound area will maintain a small directional light attached to the shelter adjacent to the access door. It is intended for technician use while on site.Per code requirement(4.5-110),this will be a"downward"facing light providing minimum illumination with focus on the entry access door area only. It will be shielded by a downward facing housing. Applicable signage will be attached to equipment compound fence per jurisdiction requirement. j. Utilities. Utility and service lines for proposed WTS facilities shall be placed underground. See attached Exhibit#7-Utilities Coordination Report k. Alternative Site Analysis. The applicant shall include an analysis of alternative sites and technological design options for the WTS facility within and outside of the City that are capable of meeting the same service objectives as the proposed site with an equivalent or lesser visual or aesthetic impact. If a new tower is proposed,the applicant shall demonstrate the need for a new tower,and why alternative locations and design alternatives, or alternative technologies including, but not limited to microcells and signal repeaters, cannot be used to meet the identified service objectives. See attached Exhibit#1-RF Justification Report 1. Visual Impact Study and Photo Simulations.The applicant shall provide a visual impact analysis showing the maximum silhouette, viewshed analysis, color and finish palette, and screening for all components of the proposed WTS facility. The analysis shall include photo simulations and other information necessary to determine visual impact of the facility as seen from multiple directions.The applicant shall include a map showing where the photos were taken. See attached Exhibit#8-Photo Simulations and Map Date Received: JAN 302014 Original Submittal • • Site Plan • Site/plot plan • Landscaping plan • Utilities coordination plan • Identified easements • Drainage plan Date Received: JAN 3 0 2011 Original Submittal —II g _ • • lc! N g t�t r V 0 u Q F$g J n r "9 i1 Np0 5 Eil iPg F z i�.y0 c . 5' li U' g wo B W { Z �§ W a < 228 tc O Z u aw s d, ,�� �0 L� 0�¢ 3 �� S a `�a'�' Sm 6i qt i w } O ? `xw a W II m i N Q33 3 F 3§ �� g co \V J $ z; F� e- t s4 8: i 3 aai i Ni N °1-' �.i u n _ C) "�a/ NIP a 10 k g x F W 'F m 0))) O .1 p �j e d w N a I! n n I I m �a O o Zi b 2 f '1 pp , \ LL Q ^ m O -S~ u y 8 w o 0 0 0 `^ z i °° z z „pg�a i i m o S o' > > 3 re z ys kDx 3 o■rc e a m ¢ a a a o v 0 8`W e�ya o a I 1---11 a 31 - R=_i l 13 I 1_____I I I I .a 0) CD .a- 41Z\Z:. c o N p Iii II a) X V i 0� la c To z — y m 0 w$ ag¢o 9w -YZ, 2 o (7 E w1a o _. a f- p§omwwosu�u�77 ?wu zZ Whqip V i02g zz2Z3w2 4i°2 Z 0 Wy q w jn�_pmwa UcSW G!S KK],, ��[[ e§ mom Kau.Vl� m etc ° , 6563 .601 O ^oo . 000000°00000o00 o be i ❑ g - ' - ^ < d a d QQQQQ2QQia9QQQ Z J Q 1 1 I i E Jg w N fe w�e 8 w 5 8 8 �v a U Z U Q� Ire Z- m`� Q 0 o E E Z Z LLd H�• w O Nzz_c 9i < i m ju 8 8 0 y� In ?di a2 § 7 ® U -he Ury Q,/, § F rcn 5y y5y w�nn u Wjfl Q ? m 15 troll a� Q«Ow000m 'U16 F -1 ZU $Y Qw-nY 1 aa3^'a � a oo So° 0_,ws3 Neva 0_,w 0 g u U o 77 U) p 'h .. gnu Y C7°i- 0 E v Um m 3. w Q u1 m 3 z38 w W Z W Z¢ re im3 LT Zam-i g 149 Q�Q F- -i zo 0 0 8 z F., W �o,?-.3^ 'a- u_ N 'J � h w r� &wwa Z Zoos>,M% n"WI r:Li] IIJ Q J H ~Uk Q z��j$ �wW3n i- .c5' sHO F 80 S o 053°•wenwil o wisotig O URo?r" �y :flI-iZ °Y ao^3 C9.< 'vi CO O = Z Sr14 Fi, I1PiA ` < N rx I eta 3 •+\ i ti n a v::. i 1ikat # "° w z P, J� e ; Z C. fj i sc.y a a n� >ot? o E2i§ ii M Q f ali uht Y ;wR - Vkn S1 04. PI Lfy tt,F�+pe } / x. l� ��)�{aiji °1�ztS_w K°. ..,. 0^ Z ,� (1assr P' ifl#yt{ (A s w-.co - CO m W+ W 0 717 Q ffiLLawi2 Z 96r 0l'JaLco Q di�.,r. f�� +�� flUilil • U 1 i 0, f'; l� �: I1t O ' x+:.qr' _{ Ys<J a:. T n Z t ..4 r L 1>.J O « ' :� ; ir r 'Li 4 U n7, ! : y0 r u i 0 o §oo zz 25 - 'C O i i ' Z e ow o m t z rc Z J 2 YJ.E T p Wua JJ J Uw wZr0 - #. y a r - - s 1, Z u a o� p Rea w li i '� am Q va.,,gd Ij I! 2m LL • 0 3e : co loco O t1��> Z0 3 S.n ' LL o a LL 1 sip O d LL o g o°J . Z µµ Q • i> . au i Q ,' 0 3 0 o Ws2 '-' z f r- LQ g�iyl �0 'Ez Q O ; !n s p �� r 0a� ,n K- _-•.__ -I it d K w a' Cr JO w 2088 w 40 ^,•Fw- ;- ° W a $ W Q2 EL— F.y�oo ❑ Z`Zrc II — !I -- - .1" j u W O z Cr u z Ni z m Q Z E z 1 ww szo W o z rp 2 F K re aL peel 69 o J mo > Q 0 0 S n & a s w" . PJN } h i II 6 h\c19,—.2 L 4 Z O,,/±J Ili ZI1hI\\ Z a pp Q 461 \° m iP n° € 3 arr; F°W{a v W Fla -3 .- ~g" z > ° g. 0 W CO & ¢¢¢ € N N m J S ; ; oo ° 6 § zi 1 ¢ %• YC ° 11 > y° a %g o§' Q € ' '- ° Q i : m m ' l it! 3°Sz- <-o¢5° 04rt BIY m B ep5 F �6�e � 1�Y� • g tlx g° ° S, 3 i = f i i o: 3 < < c o < u w a s �s°ii �'tISw (pi K <g ';� � ; � o g 25 yF� 1a�JV q W y F i ° = W 2 W W ° =z �{ Y 2 w- 5 <~;fl V `° n30 jN n $ ' lig Z_ZXN� 1 mr = u a ¢ 8rc8 hzio YBQOO4 • D1 <°¢_ }< G � _t M0 �8 ¢ z N I a & c 4 § 0'° 5 °mo °m55 '35m' oa '1' 5 % .1g6 1Q s ge rs 255 ens W+' < g uk'$N WI < d I : s $�$Q; s :4,q o/q"y¢¢'Z; F ^�e . .sca ¢=0a %,wia5 'opg 9 b pc, 5' I I I S 1{ I! !II w w N 2 Z F'¢< sijt < iip:'B 9 F 6 5 a t1 9 �y I 'y{ !hJ `(��I_.I I _ I- - -' t iu 1 F F O <o ° I1 a mn I dy ° �d W �-- E .., .. ; J 6 Fl I .1.0< B �JJJ °V NN °S. Iti $ Pb r _ Zp a Z °ri vs g glg w:� F - � Q y11 u t— h 1 ¢g.1 s g �.::f _L 1_ ___ _I - •a5 t W gY lb "fig fl1;Jj1 gii 'aA-18 1NVSV3Hd _J N Z ° 15 Le Si� Er E z - - ! '.: r8aLlg!,-@ g -1 .1 ' 2 1 -1-I i cLk gi — 'pad .0 o � a° - — Pg.= ,1511:4s�iy§eJ5Zm� ggy �' I 1 at 4 11 s= l dU :rn It g;gX� ' wg° :W F_g Gm$g3 v=°iUhn0 - ' I 6�ttE O 8 S 1 U Z n n < v. I t "r— --- �— ���� w'f E z3 I EFR GAME FARM RD g II ; I• i S ., btg PHEASANT sr k iai NE I ii,IPib tl I ' 1 - arEwAr sr— — — r I 111 4 [g !J c "ve.hr I 017 = 2 wm —0 LLr--F � ---1 Fps,ed :E z ag EA ;: : : ;::;;:: : 41 ERM ;E 1 3a n r.: CO Erg Q Q I ■�.' :::::::::::::::::::::::::' ` s I 14 • u IC ; _ r . I El Wolo a . I- i ' ' n ' ,s iZH I a : it:: . : : : r } ? 4 : 1.7/ ' a .N E I : .'::''.:::::::;f::::::.:::::::.'(aC ::'::: 'i:::f' ::::': ':'. .1 :: ti+:I::.'a: :::::I::':.::..:: .::?: f:;:::2: y"h :::.:.::::._:Z::$::; 1`W.. dtt 1 Jt -r§ w I ;I; I I h y S}wogg 1<u {{r 1. S ° 1 L_ -.)-- P - .1. .-___ -. - ____ ._- - —J51 D .— _- } ¢. - m\ v v y vow _ S aiw brarM a-RI / a anu noway tz 107 s a F xnla WINSO o r 3Md 311 -- vmn�ruvsim lid m ,, i zz aa3c, °3 v bl'-'stq E �'a 3 g§g W 5 < �- a � b- ri `t083 7, z °a9k 4 w I w (4:14"‘IPIA ~1 1 }I °c o; w J m o O c w'o ggq� a � S Y��♦€ o U' z i• o�ua ° °I o � Z o w a. II w N '• W&0: 53 n O aw w mz m s wi S :!r4�a//}}�� 9 a `. e . z W . } w w p J w w x a ° a $9^ z U\V ° S /, m w Zfa W Q xLL Zip nt? ,01 Y ,7 o u. 3 S ac� N N a0 LL a u ° 1 cze oz N w 1 �� z �'i. / W 3 o as S s -I ))) ° • a J °�S is Z 1" N m a' i $ r-' - W p�Jp �f Z J LO t; a. , R '- Q a ^•' 9 m s zF \ m 3 s' O = LL F U` ° o 'o 'o �5Q z ° i Q3 4°3�a2=1 �< Q� -, a0, m 2 a a a C ° U IY S W°T, 6' 6' W Ii. ... --11----11! I�JI IL J�JI - 11---11-11 ° III - U 4.7 ° dd - — ' mw‹ - - Q� 3 a a tillitigi „ a as weit -T. T..- CI a i v '...„ , w . ft 1 / V q i CA /40 _ _ _ ... as., , , 0 A0-000 - I�ri� ,�_ norm is.:..;: i tr,.,,...,r... o . 0 1 ort 1 _.,... s.,..:.... 1., ,„,„1„ . • OW r. . _. / .. ail at 6 I . i ■ E e, "7--./ a d _---. J w V_--_ _ 2 a ff[[ .L-.0 .0-Z1 3 =m am .01 .P.S .O QC O R oW I m yr o T 6 m au G pp)]11 MII 1 ' \tI J I ..., ,� w w5 en m co F S w w O_ ° Z ( 3 lb_ w a oi- aifli 1 mO> ° � a° W O<~ w0 w z 6 •Wa p a St o 2n a a O °< m N a =au m w -m . rc a 0 m 2 a x a2 � ~ Oi aW �w2 ° � z °m d�6 m rcfr0•y$` Zz zL w § o 0 oJ v ° wwm aO ? ° w°J ° ° oaa ax N , On w i gw� m mm w ON w wm a m e °® u � O R 1u 2 c.zwm 5.zo _i e o! - ` 3 W ° m, U li3 QN t w . S = ae 7.. 2 ce ze u a < ° °m °y ° ¢ ° c ° ° do uG a 0 � i m 30 5 o d 86" -13 o°m m o i 1- VS dU W < O°F ° w<z. §Ill no p 5x o Z K Z W O H U Z Qm Nh o W W )a Oa JJy 6w O Y W W S W U ° O FeQ *z _ pis -0 J LLm JgZ° X Y 0 re<• Zggq w QQ � � " �U 1115- O a. 3 W f a J Dic m iwo a 3 -1111 z 'uy ¢w Zm g w n am ° Vuli io°i DUI ° m d 4 lu w m> m m g ...0 wa 1. ' ° z z ° 11.1111.11." ZoLL (JU Z = LL a Z N % oOVZ mwW .905,1 w O=x p� p� W Na W3i o — ow qWj C awo °° .4. a< _LL m wO F armJ FW >OLL w z° wz4 - z m = ..s8 F 23 °a s g < Z 5 wwwwW r am Z U= ° Y � a0 Z° a�w Q. < Zaa x_ . a Z J m° Q m zi ° O O N Vigil V < °O Y �0W 2a i-zni-m 0 C g co W � iI ao i o m- n oa §s0 K ¢ oow cc g w U o.Eo, z d - w s LQ 0 c2 -1 aU f W°i°uf Q m Z z c z o m i° . 0, o <gaz ° , z. OW ] .1 a N L U d wP iz Z aw Ogi4a Wt Zii /i m/ t =N aH55_58 )m W- NQU d°°m o , .- ry ri0 2 N Z m y J N N II - Mt `m _ �� o a £ r ~ jj �9as�,d r d T, J iC 1 pppp s Qy I r a K Fiillgi m - 210 J m � O tt� T II '� Li ay0 a Se"'i�'�e ut 06 pp t Z out J Z u OM Z S i w Z s w$ }/ �° ZCC ben Ur < u� 9 Z O wM 3 F N A k O 400Wwi m Oioo�W Ill } = � w N H iW SyS.. m _ ',$ 1 03 �- $ i�ai»K r n e�a.N WW' U• Y �3?Jg }� N2 N KU LL n U � 7 - .p 00n3 y, 0 O N WO I I O ,C.`:, QLL 0 Z F ry FL II tt II II 41 • Y' Z �656u,0„ J Q ))) U- Lb i r- �QI� uo 'g " q m i rz c� 8014 �_ 1 2 ~v �i O 3 a n n m rc a a a o u .w, o °�"¢' g0 0 0 0 p II 11 IL—JI IL—J1 11 11 fl II I g � 1 z V' 1 O z , Z 1 Z 2 8 8 I 10.1 °w O o w - -G W F V 1 Z F V —"a W ? U U 7 Q O N • Q J N I I A 2 R> I _ _ _ _ _ , _ _ _ _ _ _ _ _ 1 _ _ , 1 (1,) 4::C W O aAIB 1NVSd3Hd — — I — I1 § — (.. — mod i II wN z 1 Id °� Z ;4g 51 I wF <w I m ra 1Q W Fu �u Z 1 Z I� ¢ °a o 1 1 9 z W f Q "' N 33,03133.0-X 0) , I a \I I c J I WJHfll3s.o-1(3) I II 1 N I I P. I • I 1 wit Th _— I f _- _ Z !y I I �' I: I:— 1II « I Ur _ - - - - O WS I �'� Z w I F- x Z I. „Linn; "� 1 1 Z I W 2 I = w —_ �II I N xi Q I Z, O s __ I Z F8 W 0 � O Zis2¢ 0r p U' _o__ ,,, U•1 Q7N 1 , OFFF Oyff; m`o Wry;( �''Q__ 1• - 1 Q .. I I UUUU lh--- _,v.0 M i '.II I Q JN W Omri- mm wI -, 1� •. - W W -• 1 m W 3 C 7 oiw^ B' �m I . 1 I 7 N g= M M__\ 6 d- 1 oa , 11 l U I m 7 : I .li v Z u, 1 1 = ra r .e-1i:` z m 1 . 7 w I 1 ON El l I to F 4 N” 1- 68 IM w ...9Mi 14-q1t - — -'r —/ ; N ; O z 1;1 . I . 1 m Q --"' . N _ . ;�d o ,i Li i i I . tFl I ! ,) "I- a :I 4— 1 I — _ ° _ - - — - - — — / 1 I % / w w w I ,%-.Q, //^ z z rc F I i z° Z t ( u m n �� �O o i./ I Elmo Lamm Zip • - _ —� _ F- ? m \ / OM I IL�ug no Oc iu } --.� ZWw V WW rcOO K70 F- jN U W a arch nor w n W U z w rc W (q °I'S I 0 Lao z W F X \ / Q 7 N Q Rea \ I I- o \ ww Z o`° r- - - - - - Z co 'CH ` I I 5 co 51'2 2 �v< I I W m co— N II e. a o al e v I S g 2 r r .5. a 0 a `Rd$a Z,__ 4 y i atS 3 h 1. s § + (9 c z g oa (I x (:.11111 Y I;goow5 m}/ i z J U Z O wh- F 5 0 0./� • > [[ "� -8=_ U` w_ w mz m w N 3 $:aWa `y ° �� O u: rw9 W Q u a zW, N w W i i c op-k °oa:imy (W7 r[ r w w ix ;3 mc7 m _ air C. 0. V _ w es ¢ i+a"' ��p d' w w ,�J o ��: s W W C a 11 II 0 – °�ad8'F 5 • o /f V { z F- ry m ° ry d ` w z '�a°aF5" r w z ° �' v G' U u a1 4 m z `z z xh`:4W i i m w �'1 mq w w o 0 0 `= 3 rc "� isg;8°W 3 ° a S n z a a° ',a o 0 0 0 8`W°e 0 I----I t iI IIJI 11_JLJI I 1_11______11 — 9 c z m "ma N VI a o L U 19 W ° YY� ry O a N�LL uu31 /Vi/• C r. O a0 O yj F a W en C N (O[ p Qa /�� Z 6 50 V1 a ▪ g Z Y p3 0 g 3 ill ▪ O z r a° r } m 5 ° S g Gk g o i co c JJ 0 W W F 4w1 z W W w 2 J W Y s ° - w 0 i 5 ° c Z 2 W 6' �n ° m W W N m N R F U❑- N O Z4 I- 0> o G 3 ° a LL i 0 tau d a Q'o 5 w m V Lr3 "r tr H i z a Qm LL p`� rc G w `�8 al _N aN m -. a U 2 W Nm J Q J Z 0 0 3 o f 3 w °• a $ z o > 000 W w x z 1O x z 'm o o W V S ui n O o ❑< wU Q § o l z F i o w m ~ ° o OI o o a ui p K OIy I--. u9 ppmq m a 0 z 2 ce o.- °' 0 3 x 3� a m m cgs w w a�awa W U 4 NJ w 4 r r N N i N W z FO co a z ❑ W zaw F - w m w p z s w a ,_ w 4 N V ..... ..-.. 0 z z I— w°maa Q D LL 2 z° a � a 0 J N b N 0 J °°WW FN • WS 0 W W 0 ° ° ❑ ° ❑ ❑ ❑ ❑ ❑ 00-WO ❑ ❑ ❑ ❑ ❑ Q Z m�Ja Z W W W W W W W W W W a W W W W W W a W m p r m N N CO Ng N N N N N N N N CO Z )°mNW P., a. S `d o W 0 3 `d o 0 0 01_ 0 0 01 0 0 0 0 2 0 ama>. ap a a n a a a a a a O._J a a s a n a n e o ow 0 0 0 0 0 0 0 0 0 0 ow 0 0 0• 0 0 0 0 0 0 wk_� < } Z a� ax a a a a a a a a a a ax a a a4 ¢ a a a a a >mmta m O a s am • a. a a a a a. ^ a amN a !m Q. aN a a a. a. a. a. ,^— I N a 1 1 I. I � zoo I I .. i HJ I I I ` I ;JQ �3� NI 1 _ / I \ 1 cd I OF k y m 6 I a � ° ` I a W 2 I ° \ °z W . . I _ o v a I h01�/W/A j .lirliffira\'' - z.. A. I 7 ii .. I I ra_. i tiv��' `;�lig I • \Ir. „*.„......_. 1 7V : r \ I' 1 Irev iv sal;!\ ar\-:) .. I n n _ _ ; ' .f:Nrin\_ o/d o/e,--_.oh p d al• / . � it * yr .a- • i / � . I a til \ �, I l a . g IiI � Zm .I J �:\Ii 1 LLa i d ��.r 1.I V I II H Z 4 - \�► � 0 . I _ I Z W €« '4 II x ��aR A co .e m To 2: �; J m ° w I� S �S m$ o Z Z z o.4-, ti E'- B'-" w J z C9 2 w'O ' a 8y> �11• S� o IC iri i 6� o'R € Q � o z ow Q o z giw Ef g � >a;d g rz 2 ZZ V 2 9 ° Z 0 w s It _ m ui N ° ` S o s9wl3ff L ^' as s Ly: m [°e jhs12 W } w W N x W z z w 2N �; ❑ u. 3 miS N r�_' ti W n u _ w "rye P g §,3 34o4�8,x� 1- uM I w•' ���) a I z F- ^'m g w n o z �aWO O ❑ Ji. z Q w a m x ° S q gg#w c� y z 'z Li w w ❑ ° ° ° z 'z11 w z ,,zoi oS z 2 m a & O. `�, M a a a o 0 " o g S ego o a 0 El II II it I) II UL—ll—JI II I�JI -w - a) a. & m N N co a' $ 'a x m 1— E Ti N W ° o ' M E w W x F =�f!: w J f 6 N N g ° 3 = o ^ J 7 M W m j O wZ O V ° SZ ° a OF ® ri C cc M W RY O y O O ~O Q ¢ w a F z 3 3 yj x y� q Y fp u'I b 3 5 w 6 O w 2 8 3. O Z co 0 Z !O!-- 2 LL 1' U' N F� °7 2 Vi O PS Q ° N N j W F y z D Wj b a — .� ° m N Ka' N NW1 W 5 2 0 . W K ❑W V W ❑ a6 K J y� ¢ x d a._ �2�uu N La o EL ¢� � 6 3 Z a f > a 0 z 2 Q 1 u, a 0110 S 2 Z 4� 0 w b Z ° Z 2 rOii 9 x 0 2 �° U W3 a ¢ c� ❑y� ul m ❑ ¢ 3yz s °c°5 a .'a `n?0 `m a =o Sa °-W ° a 39 m 3% W a� S °r w i 3.- ¢ > m awrc V § p'co m n w x�Z i m�m e w i' r x r[ w m b� w $ W i wm �W C b K 7j 0 J �❑ 0 YIK U WLLO w O N /y �' O¢ ❑ ❑ ❑ QQ 0 O o 0 0 ❑r o o ❑a O ❑ 0- 0 ❑ O lL ° U w w �y w Wm w w ww Wz w wa W w w Owm0 Z Z vy1 y N yy y� !��( rpn N 4O1 ON ON m p� p�N N w vJ N(([[ mp N N Z J<U' N W W P. Oaf a 8 a ? a a a aK 6 6w a, R \°. a n W �WZSF� F.. o° ow 0 0 F 0 0 0 0 0 oy 0 0 an ow 0 0 . 0 0 0 W-.a W Z `a ao aw a a a m x rc re rc a_ a re rcm rcx a rc_ a z a F- �wm�a } N a a a n a a° a a a.J am a aw a o n ° <7 47, 0G 'J % <> % % 200 % % % 40 <- ' % �� Y N 0 z 3 0 0 w - " ., \ 5 5 w w 4 W W cs . 4: At, !ell/ a ”:77.-.??::). AI MICA ; K' :Q..: h._ I 4— r : I l;a em. t}V, IIHI' ' 1. I�.. spy® . rat � <\ w� ��yy it��f�tjw�P1{��,.v�g� / New n :. r k F� 'V1649R il o,e M. , o u z 1 z mw t 5,i, .o-Al m $it w U m \.R o • x p l O m re n 0 a ¢ °w LL1yym ° xLLpJ F�U' � z�u°w °oa Wia r�wUl x°o9 °§ h 3FZw °�R �1° 3 aZ CC Fb.. Ow W a • E qp=O 1-3s N E re r a ':. l(C ,� 09 § �7 f u 0 T. m �' \ m J O Is �� _. �I o Z Wm S.tinw �/ 0 . v Z HA Z id N a QM fns II r ❑ a$p PS J r ( ";; ipn I. 1%O a i^ m hd as-1-0 ii z ta': 1:: 045 �v, —. y.5 ? 2 o ag !; ii Oa ea w !h z x a p o{p �� O a i u W r a II ^ II u E a ❑ w I- m rc r d `�- 4i z �ag�' 't- 11 C; ¢ Q 4 m r a ', $ c> U•:: ° 8 ❑ U' o o 'o `° _ s i o =ga i z 3 : z 3 _ w 3 gd"al 3 m w a a a 4n v 4¢ $' !°wn° ¢4 w a �� i n m rc o v m ❑ o v II 11 II ILJI ILJI II II I��I � T- 11 4i _ i ,i , 0 i i , o- L 0 I � I -i, . .. i _ __,, ,,e_ _ =_,_ _ _=;,_,c==. ;==. .=; __ _ ,,,,„ I a I 0 Cr li , II y ^ -6 �I i . p II , VZ--r , , I O 1 i� f I i T lI I tai z � � N � r -TITLTH± TT : T : : a „ w fr ¢ o t�m 4. ° aom , Z w FV 0 mid / ij, X a Oy° i ' ! W I I , I ! , • � I °adY.Sa - G3 tali 1sy • I II 53Ctld51Ctldw0943SO4OHd Ij - .._'I S]CtldS 1CtldfOC 03SOdONd I II ./ r 1 I S'•Y II I ❑ I I r ry III II 1 II a i L --■-;_, S3�VdS t�vdWO003SOd011d ;jl_ S3OYS$L'1tldWOC'03SOdOMd , I • elo to i i i I IJI I IL I 0a1 °w z - , %/ •• %/ �I I I j Q i9 u W m (n xqxu Q i i" ° ana y„ 0 0o—g / / d n 2 , �OaH in ❑� / % h I Vi- a. EL 8 Ce Lucci- . . .-......,4 ....„., ,s,..,...// t•-...„. --......2-......../, ,/ . . -* . .. NO SCALE (X2 " GO • ' . . a3 . "ai . . C 09 ft)Pprkaa "--44-' ' 0132 1 . . . GRAPHIC SCALE 40 ( IN FEET.) .Ace c,31 aii otiStUf . . . . . . . , i ' 1 • . . . . in 2 • . DRIVEWAY CONSTRUCT SWALE .:: (7) 1 I . • - PER DETAIL 1 ... . . .. a.... . . ...... . . ...... . . 4 . .... . . ... . . .... . . ....... . . n•.I. 4; --• • %1; ; ( I 4.1 • ki 1-4C-----; ..•••• : ,N \ II W!\•'• L. q 6.15‘; ; •0 ! •CO. ts • ,:t- -14"--•\., : 1 .s:Di .:• :t iNSTALL 12" OPENINGS AS 4 Ti. :2q,•• ,, -. *I'. ' bip.4 SHOWN AT 101 O.C. (TYPICAL) .,c, -ti •t+.- :\ I .1 '11,:;), 'fr • • RS '1 , ,_.j 0 11 CS Co' 14: : ,Lu -.! I -■•■+.■ 1-,-1/ !:536 , 4 i OB I 1:+29C41 • _ .•\ . '1 . :Ha- ' .: c..1 0 . " K.''‘,‘- ‘....,,' ..: :1,-. •. ,. ::,-: • '1 .f.i cocm coli c.7.1,...L11:111742),. 71:i L:....,-.L.......- >_„r_ff_1.._...._.•_:::_..:...2. :: , _,.n I - • : . I 1 li I "JO .`P. • .., 612 „.0.:' 1) t,.5 .,.., ÷' \ 1 es4 L.I 1 -,- . —__________________ _ !! - • ; . . r. . PROVIDE BREAK IN \ I; , 11 ' • (Nt 1 1 it U - CURB FOR MANHOLE____ ____:;____..erb_____ ___._ . . .. . I 151:v RIDGE . ' 1 I . Dc RIDGE 1 1 i 1 I .— — — —_—.--!-----_ np ii . • --) t . • ° - --- r L • . 1' Li - . • . I il • 7 :- -als • I ti / -4 4-• !. • j-; -rtl' , . 10 FT. . ... . •: ' _.: I P.U.E. • _____:_. .. ' i . i . I I'l i . ii . . i c _____.. ' ---1 2" 12 6"1 CO CNSTRT SWALE • 0--i I UC ,, a . • PER DETAIL 0 °- ________ • I- ; 5 Li igkl‘ 0( 0 `.71/11/...//./../."217:"7 . ___________ . . 4 .-, . . H ! BI i g 4,0‘. co. g -clic'z:Z.:,(. ..IL-:.:,::::- . . + : . i I- tkV\") • 4' !it• • FT i I 4' '4' 10-1, I. 6 .0 1• i CS* )7' An• I.:-+ 1 4-04;;;! ; OP ! I I 4! 4, -. • 0 ?of ! i: I gt ji.• •• 4! 1 De i : INSTALL 12" OPENINGS AS 1 SHOWN AT 10' 0.C. (TYPICAL) Iff (9) I. . i . # 4). . z 1 ! 1 - I '4? . <0 4 Or' e (713 ? ! ' 1 ! I , tar 1 --- '19 t t 1 ......----7 -..,_ il 4' I --) _. .- _,. 4) - .... ..... Ortr, is... . . ..... . . ........, amert . . aga_aarma■Ilsa al _ . ' 1\ 8" SAN- T- -WE-5 o Ts ID 0 o 2- e+o e GRAPHIC SCALE m r N 20 0 10 20 i ltif o • O c . o) IN FEET O a.. O . 7: FT. CHAIN-LINK 390 FENCE , oG�Z y Q �,,�. 00 417 ® oa y„ w 09 �. .� , o 0v i c;a-15' 4 I T p_ 1 ' v 0 • 10'--I o a ono 0 co o" - EX. SANITARY MANHOLE . Of,-�'a 0 RIM=436.78 \ Ira yv 8- FL E=424.64 430 ASS �O 24". FL. N=415.38 ,_ . _i.— + — ---�24•--FL-W=415'28 -- E. BO 39) O > 141 £X. SANITARY MANHOLE b a o`1' RIM=436.16 p e 8" FL S=424.89 0 v 0 8" FL W=424.79 408 q, 0„ ® 0 4 0• 431 4"it II 4* _ k. � e? "� o V k 0 4 try lb co � 4 P 4 C4 A �I2 i.' I � .o'air* � 12" PVC L � v O < o°o I ¢ I n- 4.41.1.11000 - y • ZI I 4 o0�O\ � 12" PVC v O• xl 1 00 4 0 13 x I � 10 Fr. 1I c" _ ate ; \ J P.U.E• EX. STORM MANHOLE e co RIM=435.63 r � t' ' w-a � 12" FL E=430.00 .o -� 41 I 12- FL W=429.82 11111 GUY ANCHC4 21- FL S=429.37 420 21"" FL N=429.31 7• OO — �" SAN - 0-- .-_ .--8" SAN-- g■-- — -- fa—JIM■— —.min..�W S7 8" SAN 0 0 to / 4 • a O o xo ryv. 4 4. o (431 416 j 4.9R / SANITARY MANHOLE F e —II g 1 5 I t 411fI • a— '. 0 lb I _. :i _ . OM Wn191 2 )��li V4 gff II v i� 6 k l p, E t' H ; O icj Fa f E I a 5 <41'1 g a g s'-�z•� g g s0 c 1 II II Il_JI 'IIJL—JI 11 ILJI en C LI Q Z -a = s Co z gl 6 x 6 ¢ s d z1 $i ': w v p��= t O o { N CI 51 a p¢ P Ur C+ d F 4 s5 SE 1� Z § y,� y W .l�+4re�yogf 00.1'4547i" CL w ws rg 1s 8 f c t ° $i7 z 1 E 4 52 $1- GS iC " l sw g1 4 _ 11 11 t?� .h gh8_1 !!I S I1 dI1,o I— o � g e J q g> N. uO > Y w ® $ Na a W J ? 1/6' ' a m' a�Q m h . . .,' I- RS'a d, Vg Ti _It-,,- F U q HgJ iht; O a O 7 Wg a a g $.1.. ggz s a 3 � � W W W CO 18 w C l IL-PAZ � ; c „ <w. tfrr `, r C4-6 C. }NI.p;L t = Je .4- R :?...")5 ig4, r " Fig ° ¢ osis .;,44 ^ a C : Shg O -w . a.„ 1 �.i�.,{1 Z : i- " oW3 Z r r,~msµ ,I�it+ > : J et- F w4§ w i I: 1 z ! ! w O K a °w F gEgS•' �I �� Q 3gR 5 If zg a� € � .... ...___, . .1 0 _< o m z J�i LL a a ;3 i #s a ii}� z m3 w 3 6F w a � -ii �i < i j gg 12 W 1 V8 e • ,I m !v +� Ilihi Y 'S Rv C Z 44,tir & >i Dli Il 9 22sfta e Y 'p - —6 3g �' ai33 a Eck $ irig l 26g„2Z R 5 # ie Z N m gas=Spp'i. ggE.x p �-Y�g99 ai 55 � g � , € e- s88 , ,A5' l aolargn: eiaP@ go :a$ i bin 'u, r:, h 1:' ae k a �icgg Say o yy 5 aga�@es$po5®0E05EilEg--EacEaalEIS eV4A Hi, db,a$ ®a :HHi 66s ht ii$ ;gill MC E 5F ii§ii3iiiv �$ •u". . al ��e 8 1 h;tr; A g-` E ill 1.515� Q 9,oi eF $1 � E? TO e. svv ! � i 5i q a 14 01 li MI Ipaa9®aj a v0= l3h " r 10=� @4k ph YF18i Si 39 r€4 @E m.: k'eso 'uaz � 0 � illy �n.r —� p a y�E d5 E 's8i3 illy � 1 1— Q a Alban a w4 av gia gpg q8 i ____OA181NVStl3Hd u �� : p € E 34 1-------------A g 1 � ���J k 3^ 1a- '�° ibC P. 11a�a j ! a4 l ? E I spy Nu E 7 �M P �J ra 1 7 . 'u I— — 3 LJ 9 i e aTL. 5 ¢ a `.' I"a 4q t a:3:0 51 ' I '` 1 '' ' �, '' €it i 11 ‘ I E RI g I e a 1 of I a I $ . i iii 11 ce II f _ _ g , Ian ,� , . AI I .i IIIIII�I11flI III i 0 - I 33 1 30800 � � a.1 ,-I it 2 Ii Y a L"'_ -1 . • • i ' z n ` tp � 1Ie �` 1 o e Y I8432,4. i I ,a I " E .0 4'/.' � in' —f_ — '0 4s - I li :if = O i �/t ICrj .� a k. °d II 1 hi Or :z� a i� . �� , , `r , n © S ) E 4 I g dam, `.a• L °�r..�� 4 – z - • le li gas as a „7 g' ,P i i I I 1 1 LI OP !! $Q$Q 4 li ii i Y z g y.ti DIII 9 Y i 3261, 62 §§ G 1111 11 !II l 1 11 N. 1 3 ,ll I i Ali 2" Wa a, t g b "P m 4 3§ i5 xo. €yly 9 a mn a 8 4 7 , 4% 1 Y• o m S p9u 1o.� 3 y g p y 2_ g 9 ;gs/ a aF ,gi 3I ! 14 a i!ill; 6.1 u ScV w �a !I z b! S 7 k q% 5rni A !qq i 636 ' 4. pyBPI- 2 03 © 0 voel a� � Ss83� . Ptl .- 1.,E 1, B:5 3. F3 = 3 5 � • • II 3 p E 1- i �+ se83 �� r s ti.1 f ? i5 J (-.07,51 r 777$ w ate" � n �3 .t : �_a N� �4g �q Q JV ^` W 3 �Sf l T W °8 Q Q Q 3 a s&r, `S `8 iy 9 ? I II Il_JI iULJi q ILJ1 • O � — 1 ■ N CU it a) a t re) E N9g I Off' (I Co Q ,3^ 2s ~yi - \V 1 V'To W W a t Q 5 d 1 Q;.q, L 0 1_ ---- - - --- GAl9iWSV3Hd --- -- II w% I I UI O I I, ri_g W I I Iy y , Ii1 a 1 19 & >ST8139.o-1131 <9 G• xXLLaSa.2131. -I V-:. w w \Ir ' 2NELL4.0-<IM -1 i I i� I I Z F I gig —,\ '-iV <ws II - 7 < .. 7� Y' i 44 i I i EAf C y$ • ; .\ .. N ___ N I ii 14 F,10 I-- 1p 4 - Now )1 O. t -r -4 -ft! ij • 11 Ir , i ., , . °Vii€Eft 11 5 ?a F I I i i. T a _�'� 4 \ � � w �— ��� I 5g II N itl \ /' h I 8512 1 W wa V i i ='%� @2 Fie ion N 253 \1" ;= -- --I < a eg 0a i Z V\ Z Sep \ r-- -- g CO ma EY G! `S 1 Q } shPIS 5 sfroso C" i �' ' °17/d l 3 !4! ° I a g i .. ; a 1 1113 ii r 1,1 1 i (j 1I. 1t e F F4 Y II . I� r S beds% • Q .^e` J 11 v 6 S a C ' R $ g y 19146p3 w W 1 2 'I I Q 4 4 4 i 3 Y I! 02;6 i o 'UI ILJLJI P II •I N 03 y0 O cn w L b ! i i Je en E ~ a Z .0 w b e y g g s ; Q z O t 0 $ 's t- `k : d $ 8 € i g $5 / I t g 2 a = O Z S 333 b x yg 991 y — w 5 0 - g We e w g 9 f9•"= z ; Z R gE g 8a g a H E gE y g L ff g o a F i:Ite w • 0 ee' 'ee< =31 00 0:� ,® 0®'91�r®90®®0 " - -^ Y s 3 1 1 I i - iw 1 ` f p !l 1 a 11 i �i _ I �������������� Ill a ®\ . I I I / , I j a 4 v Q .re' �j � / I 1,. ‘...\\N" N �7•�it l r_� Li —� a ,A Act . Again i 'I ` v, a :� a _O�i iviino . r-_1- 1- 0 -/--_y Gb a Vr :I , 1/I x i E i - I l;v� Ii W r— v I F.4� I \� \— I E i a I I (7 r 4 _____ 8i W E —„ w Y 1 1 l=g A 5 i:1_ N I))�ll L" gU :ES < °$ S q g ; l f t 493siap, . $ Q 2 I 1I 11 ILJI 11=-J --II- I I cc yy ' ' E co 1-- tl z' d b t 4 £ a) Q a E 4 0 CU s a g 56 g ws a ^ � � § 41 O o58 X66 1 111 1 iii 11 1 f R9 8 ¢ a fie; r5 0 $ W u a y § 3 § 5 5 a g § i' W £ ! 8 K A 5 a R o 13 Z $ E ' 4 03 a ! oG ' al a 4` $ a O g _ _11 IOW N 9 3 ig a.. . t k\ In Ilic- II 1 iv I' a ■ RA, / °� ig I ` c' n a 88 0 g-584 .4 i ■ N O` 3 ' , 00 4 4 p i A g, • 44.4 1 O p r. ---�. 5 -� Q4 J4 a Z .-- W e e , V I- . 7- 1 < g 0 • • ii RS /R e ` $ S . I �_i jjp ! g 3 a 7I il Q' L. L—JI A`lE o J C .0 I L a VI e c 1777;:....-:::.--, I 0 f �::...11:;:.1 I I •.j I 1.. I I ..1 ' I I I I i I l ', 1I,l, ! I I I 1 i I _I IIIi ' I J - - - � a Ix ® i a N ' i 2 ' i N m ° 1' i I1� i Zi W A L_ II I . I I 1 :1-7.--7:2-,: :f.:;•:: 1 1 ` t �W5 ;i f: fr sn'e mlan3a3so ,bd ., %; a Nil i i O Q ys 1 O w 33 I O HGtl° / i n 11% .4" ice! a c Supporting Reports and Documentation Date Received: JAN 302014 Original Submittal • • Exhibit #1-RF Justification Report Date Received: JAN 302014 Original Submittal i_ 0 L c v E a d L ci MI= ro - Qv MI Z illE N g Q >111 O ,71-,0 U Vl x fa 2 v To C 4) E yn 0 C ~ O U • tdS Q Ira ro N V a� +jam (51 4-- o - •gigs) lit 4-.1 in co 0 Q . +.1 MI D rn 0 Iriti (ID O L W W oC � L 4 O 2 l Date Received: JAN 3 0 2014 r Original Submittal • • a-+ O L. V Cla 00 aJ C U .( U 3 L > ra .- ����� cD O a O L _ 0 a) w O = Q) --' a) C C) u.) rD N �' > O O 3 d- -0 O �' •- O , o � ° o � JEa LL co ro � v � 0 o0a � rD r fl. a1 -0 a) `F, D ° o +- C L rD O v L r� C Co L C O j L O rD -0 U c1n o o' a) > U L rD O C 'a- O C o a- ,-' O �' 4-J a) R3 '6 L o a► oo ID J � c0 v ° ow � .5 O Er o � o > v) p C O L E 6 O L a1 E a, in N O o a) p C ,.._' rD o E — —03 rD >• c6x .'22 ' U0 � D •5E � > v � c � E � °J c' � � 2 LLl a.., �' L - Q L �' CD - C In — no 4., < a) 41 rD -0 LLLL Q) O E a) -0 - C -_ rD -0 C ro a) -C (1) U C O O C N ry N 4-' 0.1 CD E cn -1-' a) O _C �' r6 F- r Ln co L -0 _2 O rli QJ 1 CO >O a C) cn O a) fD tj -'-' 3 )n j E i p 7' O) tD L U d) C i' Q) QJ In Q C rd a) >` Q) O L C ra Cn Z n' L C a) O rD cD a)• L r1 N r 7 - LL) P r3 4-+ C E N A.u] Z L r 1' L E.� a L �, I- N N aJ d In Y E cn U CU 1, Q) — E , i- O O .E > w a) O L C O UO .0 (1) O O rip Q O C co 47- 0 � wt\ � .E C v) O t• Q a) U CO i a) ID a) ~ O a) �' C O `n X C V L E C Q)_ > ' - N V) CO L -D v W rU° (IS L E C J L- a) ° U %' , o v o — O C i) rn >..N a) aJ p _C Q) vs '� N O Fri E o v L Q) t a) C � a) vi ED -cCOEnr DErDuH � � v co ra � �, E N �' C- +.' Q) a) f- u ,- a) +� O..- c cn Li/ v) Cl 1- 113 r0 p a) Q.-� -C U N QJ O rD L D I �' O C -O C C r0 a) N a) .+•' o_ -' C L - U 4-+ (.!) •- +' .L Q) i - 0 .0 w O .- u) a - ca L V L E C) ,�, to Q) C rD o C O >- ft) I - C = .+.' cn rLD -0 L o rD C rD -0 a) OJ C cn C U ' L L �, — C cr) C a) a—m u L � •U ° _ a) a) _a-0 a) C � °E i° o V O) C > L C E U L in C U C O C L l!) a J + Q) a] o > O U a) C (d cn L Q.) Q) in C V1 V L a; u 'ID C O •O + v aJ C_C rn a) rD o rD Cl.) .- in E ca Q a) _c -a a L CO 3 C L Z rD a) O) s �O Q) 4-; -0 C _c a) 0 rD t O d. >O C a 0 4J > 7_' /- O t rD E 1 O C W a) O E - M C L U)• (3 U U ,-CL r1 L OU V) 1D ~ a) a) g. C LE _ a) O aJ L � � N .Q) - � rD �+ C ,-� r6 _C -0 � F- O) O C .C) � � +' dl t U C — 76 •-' a) L C C >,— a) . -( E x Q. C O s- its A ° >� N uj •U cn L1 i' O ( -o v a) W � � ' 3 s - v rz C v U >`' C E U 3 a L � KL = I'D c mo a ( I a) o o W �' o ' Q co co u > v_, .� � m C Cm E m � ; , c o v) C 4-' av � � C 0) rD .0 a) g rD C 0) u a) rD 'n 23 . CD-� C .a1 L ~ O C c Q t ce O a) E QJ > a) " u c LJ r�.,1 = (D a) = O . E E ._ O Q) a) C o C7 r o rD N to -ocE v, Q(-9 cD ... CL) �C C rD C) r co >` D _ D .a) •E v E_ O , L 0 _ �' v E o) 0 ^ E U C C CO "- t(l) -o o i C U) 0 - aC -a OF- •c a) Q) a) acDcc a O O OD a) - > - > Q) rD a) C Q O Q1 N L L a.., C Lei Cr) U C O ate+ O ii i w 06 C a) v 'D ,> `�` C __ > ro L CO a) rD = D -1 > C N 0_•Q) a) �/) Q ( rD ° cn in m u F- ro I n. E W m v C 0 C ' U i a, . 41))) • CI V 10 . m • ti C' 0 . . ■ i � W . - I CL 44\ 4144. 2 t . .(13 .tIbit.z - ; gr it.L. ii, , . , .5 ri = z, a. 8 IP V . 4 ' it 1 Game Farm Rd ; 0 0 , J� ..<_._...._11112 . . . • i i A k . 6 i . . ,,,.. a f J ~ q 464$-4.1 , 4 - ' 1 )be .., . ct t„ - •. . . I 0'f 12. "-"I i 111# Vgil a ' Ii1 . . CU r i al Game Farm Rd eo 11 • Z il 0 b - 4i It'10 . . ,AA fal ., i, IA C 1 1.A° .}� i .I N R , I. 1 •- 3. 7 Qa • � r nu � Is 0 N fC e .. , • tf a W aJ ;i • ., • I III al;. ■7. 0 4 w r ... . I titjeu • . .ri A ILJ CO t: + M Q I Pr i . ~ ~ w RI 0.,-.«.,..... m le N..1 a r ,». 4 IFM uapi o0 ii. t - e z h .0 ili 42 X a S } m +. Cl. N c W 16 Date Received: a N a JAN 302014 Original Submittal • . 4_, 06 +1 a) 11))) raal 2 1 •a • U '' _ CO t ott\ ?4144...?: 1.1 = A't IV..V 1 CC I 0 ' co , • 01 ill M I Game Farm Rcf 10 t L. D. Z' . § S., i po /> . •: . !1 a 0 (i 4;cc.t , '• 6 ir I a) @, 1 ',S. M U . „dirt,lo > M r cu la li -. .;t ! 1 .... • . .... ,„ 44,1 W t t ■ �,, O r ,t , h . .11; d IA 4 )66111 , - .: 4 W 01PP W X . � ,• 4LA4 u . . , a -, .. ,..,..�.�.... • � � 0 ; ,.s. I! ufi v a S 5 2 . 1S Lome) XI u -0 N W tri . Q d w JAN 302014 . il*i Original Submittal r- r _� • • 06 ` , & „x e': 0))) 4-- 1170 81 ,0 >. Vr _ . c+ C -ro Y t e O.n3 • . . li hiat t 4) 441 ,w � 11 cu , . . . . > . x • . , 1.-. , • 1 • • 1 CU 0 •, Y . I g ''''4 U 4 i Z o i.IV 1, v) I y °i ' M �s�°� N 0 V) 4 r r - • X —41tiviih.:6;: ; - , 14.-alli ,..'-:i , W :PP/Ai j IA ai ,4.0 1 6 , I 0 ili ,..,u . m 0 d 1S uurl N C d4 W 8 • Date Received a � a ,B• 1* 4 JAN 3 0 2014 1 Original Submittal P . • Irl m .. no o• a )11 v+ en ro N C7 �a,, MI '" c 4 u a • d N o ,w r v. w . d v� d d y .i r. v n, n1 o v a O Z fA Y 1/ • • F- a o } a G CO II ^VI) nom+ o 'ii '�Al ° o w cu i' W o j � � o 0 o z d °' Q v01i O. w O a • O . ... Ili CV + t _ + . I I. i1 ?71 . -1 it _ ��. �• ,.4.�':`'` • - '''.... i t ...., . • - / . '1 Y .r CD ( _ = * •� _ _ • A ,'. -~ ;+ - r , 11 4.• - - - -,i • + — _ , W t -. • , 1' • 4i C - WO IIII IL' !3 0 X W Date Received. JAN 302014 Original Submittal • 0 dS 4-' C no ir1 N n co C C N v N N in D 10 CU LCI N f, R3 v 'Cr a C ✓ o ° CO c N C1 O a Q) T; C) rD u _v O I> CO C O C1 V CO U) m a 0 .-I v O ••--, 0 C rYl .�, C O .o L O) O rD O z N O O -CI Z O CO v > Q) O 0-1 O C a-k v 4 1- r1 L O r0 > ›.- v U H v o 0 vi O c 01 O v — 1 • N Q c Q L O ✓ O U N c 4C-Li 0 ul C v ro Z O u..1 Z -0 v 0 CD v E ~ C O s_ Cl.) vi L w v .- v co ( in v ;=O o , cu is mil O 0) C C O > •17 � C i 0 ¢ V •- Q) L a. C ro > 001 ~ a U) 0) C //�� ,Cr) (J) c C OD ('5 Q] CD lD . Ps. L CO C C Q -0 .N L Q Q X▪ 0M U) 0 L x C v O 0) N '- L 7 w U} >' � co 3 N OJ c ,12) C >, 1 > d.) O O '� o v v .0 N O. >.- L ro 0 = � N OM L cn CL "'" 0 0 o rn C Ql C t rY1 in — X 0) _ W ■∎ • Qomd- Ua) l7 0U '}.1 c N NON ,HN O C � o ft; a) it N + r'7 ++ 4-+ > C i .0 *� .0 pJD p .D O v ro• L v t >� Z rri L cri t c v W = W .-+ W .N-+ W O 1- Date Received- L 4) v no Q .-+ N M Qra ° a JAN 302014 Original Submittal_._ • • cia 0) • c , a I • # C ,. , .40 0 'D c m n d i t, r m y 2 y • W ► v v c, e A a ••r &&rp v 2 a u Q, 444 u .A .,, Z O CA l a V = Farm Rd •0 .. V ~ T j ' ' ' • c� L I ago L '. , =^~ m 0 - •" , i Is uoa Dv itiiipo �d'e ° •• iS'lte l +n c •- ■ CH _ • i I' l!. .- . _ ,.. . . . 4a .. If, 4 a r < (6 iu 1 , r% i E- 2iI,�� r 44 u 110 Pr 10 I •a ° :� ;. . ° a .-N .., ... APR ua e ,_ 0 limn y • , 3N 0 -a .. cu .. _ cr 1 2S UlA1P) W oc - - 'eceived: JAN 3 0 2014 Original Submittal I°;' • . co 4J rci or) .,,,c_. 4.... 3-7.- Y• • 4 b o 0. D ' cil c i u E - W . t.t. 8 g W ° A' d r 4 Cri '7 i 'it ;;1 - . .r $ � z 2. , C c Game Farm Rd GO t rtt w' ca i -. :-- . L9 L - m 7'. • 0 a Z�up() r II ka Cn ■S AeMc�leD-. .. .1412 o ,, a ,. ._ 14 ► , H c a '+� ` 4 i is IA ( $ q ra 4r — • r +� •� Q� rr "ai �1V . in MI "TO • -- > a j CO 11.P.- . ,,,a4k co to gloi pr ° �' � . li 3 . u (I') a) Bea 13 bIM.UaPJe9N. X aC - ' IS u! e)' ; • JAN 3 0 2014 Milli Original Submittal ik';j • . I 4 06 H = 0))) H O c0 ' „, a d c e 0. 'io/C > • C 6 .- S O d O V O ' L . u . • CO u O L £ 1 O• L c z X ,q• F� O C ^` ep I • • u• x & a . . cr cm ,p 01 ! I oc t�t . i V Game Farm Rd gyp= a . Z V e IL rip < - 0. i•t1:•�• !I m N li CC , -- a r u vi ,I . ' I is uo4 'Ob. 'N N t ■ NI Ni v) 0 to 0 i a a r ' 4? — 10 i i ilili'l • X ti' i)b..111: 1 • 31 �r • LIJ i 2 T, or ._. 41 , V u N 1 N v ' N " '�d 0 0 .v...: VI N W■I3 13 1714 cn . . ,, histuapieD.N• pi S I 3 N . i; , , X W c _ 2S u„ye� S • W ..... . Date Receive.: JAN 3 0 2014 Original Submittal__.__._ . 0 rp 4)))) P g 8 d a r ✓ y .'n 7, ▪ G m q N 4 a �0 � ' • U z a 6 4'*•$ ; 144 Ii J Game Faun Rd '. . .o t •CU IQ + is .. •' ' • 4 • M , _, , f 1 Wail . .....kil , ., --:, • Calli II ft 1 w 15 u00 M an 'C ��,r.-is•Female �:• • . �.� • co, % "P' ! " i � ! v a1 7 in•. CL) km q it ''.1m •' • . X +MI _..iiiiir.)66,11111 I 1 • . - ' V7 rc3,_ _LA 31N1 1- (1.) 0.) V1 k8 V) I o° Na,, I µ- .a x co ,' 1 6, . .4- .... .. 4 ...- . 0 > ' .i■ a) 0 . . friie (5)) ; ' 12 .If ' t 3 �" L) ...0 o 3 �C pC ZS uu4PD _ .3 w W �- .r e mil • � � • • JAN 3 0 2014 Mi Original Submittal i • • otS 1)))) U, / C — U +▪ Z CZ /0 vi V) C C Q �' co 0 O 4_+ Q lil ✓ vm C 0 o v) rp O 0 3 a U = 01 0 0 i v O R3 I .. O L Q C •• +� CU v ° o 2 a a E � ' U IY a � X c 0 X ° v a. iv W u OC OC -e ro d 3 C C in cn C 0 0 v • C• 0 a) CO o C Q c .O• u > u `=cv an n 0 C ro C ▪L L a • a Q u o°• a C 43 C no w C ? O _ (D u• o x .� ON C4J o ).. ILI C _ tea, OE OE .N E L o O cO E O m s_ cn 0 N s - m s - • a .E - o -0 D. m ? L x O CO CO L 1!4-I 0 O• O c J � C CO O x C m O) C Ql C C L C -0 U) C L _ CO CD C L - cu Q ^ sc0fLL_. SC0n � L -0 - a? L 3 3 O aJ L 3 3 • are = CIDcnce D ece�eu: I JAN 3 0 2014 Original Submittal Exhibit #2-Acoustical/Noise Report Date Received: JAN 302014n Original Submittal • • SSA acoustics • StlmM.Atl fSV a.Bul.MPe,.✓kin December 20, 2013 Ms. Danielle Page Lexcom Development 615 8th Avenue South Seattle, WA 98104 Re: Acoustical Report—AT&T EG34 Gateway Mall Site: 2728 Pheasant Blvd, Springfield, OR 97477 Dear Danielle, This report presents a noise survey performed in the immediate vicinity of the proposed AT&T telecommunications facility at 2728 Pheasant Blvd in Springfield, Oregon. This noise survey extends from the proposed equipment to the nearest properties. The purpose of this report is to document the existing conditions and the impacts of the acoustical changes due to the proposed equipment. This report contains data on the existing and predicted noise environments, impact criteria and an evaluation of the predicted sound levels as they relate to the criteria. Ambient Conditions Existing ambient noise levels were measured on December 16, 2013 site with a Larson- Davis 820 sound level meter. Measurements were conducted in accordance with Oregon Administrative Rules (OAR) 340-35-035 subsection (3)(b). The average ambient noise level was 46 dBA primarily due to noise from traffic on nearby roadways. The weather during the measurements included light rain and the roads were wet. Code Requirements The site is located within the City of Springfield Zoning jurisdiction on property with a C zoning. The receiving property to the west is zoned MDR, which is considered a noise sensitive unit. The proposed new equipment consists of an emergency generator, which will run during daytime hours for maintenance and testing purposes, as well as two cooling units for the equipment shelter. Lane County Code Chapter 5.615 limits noise to a noise sensitive unit which is not the source of the sound as follows: SSA Acoustics, LLP 222 Etruria Street, Ste 100 Date Received: Seattle, Washington 98109 t. 206.839.0819 f. 206.839.0824 JAN 3 0 2014 Original Submittal • • AT&T EG34 Gateway Mall Noise must not exceed 60 dBA between 7:00 am and 10:00 pm, and must not exceed 50 dBA at any time between 10:00 pm and 7:00 am. Since the generator will only be operated during daytime hours, it must meet the 60 dBA daytime limit. Predicted Equipment Sound Levels 24-Hour Operation Equipment The proposed equipment includes a new equipment shelter. According to data obtained from the manufacturer, the equipment shelter is cooled by two Marvair AVPA48 air- conditioning units which each produce a 73 dB(A) at 5 feet. The combined sound level from both units operating is 76 dB(A) at 5 feet. To predict equipment noise levels at the receiving properties, this survey uses the methods established by ASHRAE and AHRI Standard 275-2010. Application factors such as location, height, and reflective surfaces, and noise reduction from intervening elements are accounted for in predicting the sound level at the receiving properties. The nearest receiving property line is approximately 110 feet west of the equipment shelter. • The predicted sound level at the nearest property line is shown in the table below. Table 1 Application Factors and Predicted Noise Levels Proposed New Equipment Line Application Factor North 1 Sound Pressure Level at 5 ft. (dB(A)), Lp1 76 2 Distance Factor(DF) -27 Inverse-Square Law (Free Field): DF = 20loq (d1/d2) (110 ft) 3 New Equipment Sound Pressure Level at Receiver, Lpr 49 (Add lines 1 and 2) As shown in Table 1, the sound pressure level from the proposed cooling units for the shelter at the nearest receiving property is 49 dB(A)which meets the 50 dB(A)code limit. No further mitigation is required. Emergency Generator Operation The proposed equipment includes (1) Kohler 50kW Diesel Generator. According to the data obtained by the manufacturer, the generator will produce a sound level of 66 dBA at 23 feet. To predict equipment noise levels at the receiving properties, this survey used the methods established by AHRI Standard 275-2010. Application factors such as location, height, and reflective surfaces are accounted for in predicting the sound level at the nearest receivers. The nearest property is approximately 110 feet south of the generator location. The predicted sound level for the property is shown below in Table 3. Date Received: Page 2 JAN 3 0 2014/ Original Submittal (J • • • AT&T EG34 Gateway Mall Table 3 Application Factors and Predicted Noise Levels Generator Line Application Factor North dBA 1 Sound Pressure Level at 23 ft(dBA), Lp1 66 2 Distance Factor(DF) -14 Inverse-Square Law(Free Field): DF =20*log (d1/d2) (110 ft) 3 New Equipment Sound Pressure Level at Receiver, Lpr 52 (Add lines 1 to 3) The sound pressure level from the generator to the nearest noise sensitive unit property is 52 dBA, which meets the daytime noise limit of 60 dBA during equipment testing. No further noise mitigation is required. Please contact us if you have any questions or require further information. Sincerely, SSA Acoustics, LLP //Vc/e Matt Roe ACOUSTICAL CONSULTANT Page 3 Date Received: JAN 302014 Original Submittal_ Exhibit #3-FAA Determination and FCC Support Documentation Date Received: JAN 302014 Original Submittal_ -r • untitled **************************************************** * Federal Airways & Airspace * * Summary Report: New Construction * Antenna Structure **************************************************** Airspace user: Andy Mishler File: EG34 Location: Springfield, OR Distance: 3.2 statute Miles Direction: 114° (true bearing) Latitude: 44°-04'-19.68" Longitude: 123°-02'-06.75" SITE ELEVATION AMSL 442 ft. STRUCTURE HEIGHT 125 ft. OVERALL HEIGHT AMSL 567 ft. NOTICE CRITERIA FAR 77.9(a): NNR (DNE 200 ft AGL) FAR 77.9(b): NNR (DNE Notice Slope) FAR 77.9(c): NNR (Not a Traverse Way) FAR 77.9: NNR FAR 77.9 IFR Straight-In Notice Criteria for EUG FAR 77.9: NNR FAR 77.9 IFR Straight-In Notice Criteria for 77S FAR 77.9(d) : NNR (Off Airport Construction) NR = Notice Required NNR = Notice Not Required PNR = Possible Notice Required (depends upon actual IFR procedure) For new construction review Air Navigation Facilities at bottom of this report. Notice to the FAA is not required at the analyzed location and height for slope, height or Straight-In procedures. Please review the 'Air Navigation' section for notice requirements for offset IFR procedures and EMI. OBSTRUCTION STANDARDS FAR 77.17(a)(1): DNE 499 ft AGL FAR 77.17(a)(2): DNE - Airport Surface FAR 77.19(a): DNE - Horizontal Surface FAR 77.19(b): DNE - Conical Surface FAR 77.19(c): DNE - Primary Surface FAR 77.19(d): DNE - Approach Surface FAR 77.19(e) : ONE - Transitional Surface VFR TRAFFIC PATTERN AIRSPACE FOR: EUG: MAHLON SWEET FIELD Type: A RD: 46650 RE: 373.6 FAR 77.17(a)(1): DNE FAR 77.17(a)(2): DNE - Greater Than 5.99 NM. VFR Horizontal Surface: DNE VFR Conical Surface: DNE VFR Approach Slope: DNE VFR Transitional slope: DNE VFR TRAFFIC PATTERN AIRSPACE FOR: 77S: HOBBY FIELD Type: A RD: 50030.33 RE: 538 FAR 77.17(a)(1): DNE FAR 77.17(a)(2) : DNE - Greater Than 5.99 NM. VFR Horizontal Surface: DNE VFR Conical Surface: DNE Page 1 Date Received: JAN 302014 � / Original Submittal ( J7 Untitled VFR Approach Slope: DNE VFR Transitional slope: DNE TERPS DEPARTURE PROCEDURE (FAA order 8260.3, volume 4) FAR 77.17(a)(3) Departure Surface Criteria (40:1) DNE Departure Surface MINIMUM OBSTACLE CLEARANCE ALTITUDE (MOCA) FAR 77.17(a)(4) MOCA Altitude Enroute Criteria The Maximum Height Permitted is 4000 ft AMSL PRIVATE LANDING FACILITIES FACIL BEARING RANGE DELTA ARP FAA IDENT TYP NAME TO FACIL IN NM ELEVATION IFR 0664 HEL RIVER BEND HOSPITAL 34.48 .67 -22 IFR No Impact to Private Landing Facility Structure 0 ft below heliport. 41OR HEL MCKENZIE-WILLAMETTE MEDICAL 128.45 1.76 +521 No Impact to Private Landing Facility structure is beyond notice limit by 5694 feet. OR69 HEL SACRED HEART GENERAL HOSPITA 229.8 2.32 +69 No Impact to Private Landing Facility Structure is beyond notice limit by 9097 feet. 050G HEL DRILL FIELD PAD 258.1 3.7 +152 No Impact to Private Landing Facility Structure is beyond notice limit by 17482 feet. 170G HEL EUGENE FIRE STATION #2 257.09 3.71 +147 No Impact to Private Landing Facility Structure is beyond notice limit by 17542 feet. 230R MEL SAXON'S 112.94 3.92 +167 No Impact to Private Landing Facility Structure is beyond notice limit by 18818 feet. OR44 AIR BRIGGS 345.34 5.04 +180 No Impact to VFR Transitional Surface. Below surface height of 404 ft above ARP. AIR NAVIGATION ELECTRONIC FACILITIES FAC ST DIST DELTA GRND APCH IDNT TYPE AT FREQ VECTOR (ft) ELEVA ST LOCATION ANGLE BEAR EUG VORTAC I 112.9 289.9 52393 +203 OR EUGENE .22 EUG RADAR ON 2730. 291.00 53524 +147 OR MAHLON SWEET FIEL .16 No Impact. This structure does not require Notice based upon EMI. The studied location is within 20 NM of a Radar facility. The calculated Radar Line-of-Sight (LOS) distance is: 54 NM. This location and height is within the Radar Line-of-Sight. QMO RADAR ARSR ON 315.48 107625 -518 OR Monroe -.28 No Impact. This structure does not require Notice based upon EMI. The studied location is within 20 NM of a Radar facility. Page 2 Date Received: JAN 302014 i Original Submittal untitled The calculated Radar Line-of-sight (LOS) distance is: 70 NM. This location and height is within the Radar Line-of-sight. CVO VOR/DME I 115.4 336.61 169884 +326 OR CORVALLIS .11 FCC AM PROOF-OF-PERFORMANCE REQUIRED: Structure is near a FCC licensed AM radio station Proof-of-Performance is required. Please review AM Station Report for details. Nearest AM Station: KORE @ 632 meters. Airspace Summary Version 13.9.332 AIRSPACE° and TERPS° are registered ° trademarks of Federal Airways & Airspace. Copyright ® 1989 - 2013 11-06-2013 07:26:15 Page 3 Date Received: JAN 302014 Original Submittal 6 .1 10/26/13 •LS License-ICS Broadband License-W101691-New Cin ar Wireless FCS,L1.0 FCC Federal FCC Home I Search I Updates I E-Filina I Initiatives I For Consumers i Find People Communications - _ _ Commission ` r rrlf• Universal Licensing System fCC,> WTB > JAS, > Online Systems > License Search FCC Site Map ULS License PCS Broadband License - WPO3691 - New Cingular Wireless El HELP PCS, LLC ck New Search q Refine Search [}Return to Results al printable Paae Ce Reference Coov mail License AM ON Call Sign WPO7691 Radio Service CW - PCS Broadband Status Active Auth Type Regular Market Market BTA133 - Eugene-Springfield, Channel Block C OR Submarket 5 Associated 001895.00000000- - Frequencies 001910.00000000 (MHz) 001975.00000000- 001990.00000000 Dates Grant 07/15/2009 Expiration 06/30/2019 Effective 11/24/2012 Cancellation Buildout Deadlines 1st 06/30/2004 2nd 06/30/2009 Notification Dates 1st 06/02/2004 2nd 06/26/2009 Licensee FRN 0003291192 Type Limited Liability Company (View Ownership Filing) Licensee New Cingular Wireless PCS, LLC P:(972)234-7003 2200 N. Greenville Ave, 1W F:(972)301-6893 Richardson, TX 75082 E:FCCMW @att.com • ATTN Reginald Youngblood Contact AT&T Mobility LLC P:(202)457-2055 Michael P Goggin F:(202)457-3073 Date Received: 1120 20th Street, NW - Suite 1000 E:michael.p.goggin @att.com Washington, DC 20036 JAN wreless2.fcc.gov/UIsA�JUIsSearch/license.jsp?IcKey=210259 JAN 3 0 2014 12 Original Submittal� ' 10/26/13 LS License-PCS Broadband License-W P01691-New a O r Wireless PCS,LLC ATTN Michael P. Goggin Ownership and Qualifications Radio Service Type Fixed, Mobile Regulatory Status Common Carrier Interconnected Yes Alien Ownership The Applicant answered "No" to each of the Alien Ownership questions. Basic Qualifications The Applicant answered "No" to each of the Basic Oualification questions. Tribal Land Bidding Credits This license did not have tribal land bidding credits. Demographics Race Ethnicity Gender ULS Help ULS Glossary - FAO - Online Help -Technical Support-j_icensino Support CO ULS Online Systems CORES - ULS Online Filing-License Search-Application Search - Archive License Search About ULS Privacy Statement-About ULS - ULS Home Basic Search [ By Call Sign : = C SEARCH FCC I Wireless I ULS I CORES Help I Tech Support Federal Communications Commission Phone: 1-877-480-3201 445 12th Street SW TTY: 1-717-338-2824 Washington, DC 20554 Submit Help Reauest Date Received: JAN 302014 wirelessifec.gov/U1sAppfUlsSearebAicenscjsp?licKey=2102.59 212 ittal__— Original Subm • • Exhibit #4-Construction, Maintenance, and Landscaping Summary Date Received: JAN 302014 Original Submittai,_ t • • Construction, Maintenance, and Landscaping Summary Construction Timeline: 60 days Staging areas: All related construction elements, equipment, and materials to be placed in the west area of the existing parking lot. Vehicles to be used: Both trucks and related general contractor/sub contractor trucks and personal vehicles will be on site during construction of the WTS site. Trucks will be used primarily for tower and shelter material transport as well as crane counterweights. A mini excavator will be used for shelter foundation implementation and power/telco trenching aspects. A drill rig will be used for the tower foundation aspect. A crane will be used to lift the shelter into place and to set the tower into the new foundation. A man lift will be used to install the branches and ancillary equipment to be placed on the monopine tower. Maintenance: Per the standard maintenance and monitoring schedule, an AT&T Mobility technician will visit the site once per month to verify all equipment is working properly. If a loss of power or equipment failure occurs, the technician is on call to address 24/7. Landscaping: AT&T Mobility technician will monitor landscape placements while on site for monthly site maintenance. If landscape issues arise surrounding new plantings and maintenance of the intended landscape buffer,AT&T will address accordingly per code requirements. Please see attached Site Plan-L-1 Page for formal landscaping plan. Vegetation landscaping, watering,and maintenance summary: • All soil preparation shall conform to code specification • Container grown plants to be planted in plant pits 2x wider than plant container and a depth of twice the height of the plant container. Plant crowns to be slightly higher than it's nursery grown height after settlement (shrubs only) Watering plan: • All plants shall be watered immediately, before backfilling planting pits • Provide a watering basin around all 5 gallon and larger size material approximately as follows: 5 gal---2 depth x 1.5 times container size • Scarify the sides of each root ball prior to planting if circular root growth is evident. If circular root growth has not been corrected,said plants will be rejected. • Contractor shall keep site weed free, clear of debris, and refill watering bags system as required. All dead foliage to be removed from plants and tree stakes shall be adjusted as necessary Date Received: JAN 302014 Original Submittal_ Exhibit #5-RF Emissions Engineer Statement Date Received: JAN 302014 Original Submittal • • at&t DATE: November 25, 2013 TO: City of Springfield Planning Department RE: Proposed Radio Site: EG34 @ 2728 Pheasant Blvd, Springfield, OR 97477 The proposed facility noted above will transmit at frequencies in the range of 734 to 892 MHz and 1,930 to 2,145 MHz as licensed by the Federal Communications Commission with ERP's less than 1,000 watts. The worst case general population exposure limit per the FCC Public Standards OET Bulletin 65 occurs at 734 MHz and is 0.4893 mW/cm2. The worst case for the 1,500 to 100,000 MHz band is 1.0 mW/em2. The power density calculations for each sector of the facility modification (typically less than I to 5% of the FCC limit) will be well below the maximum FCC exposure levels. The proposed facility will not cause other co-located facilities to exceed FCC exposure standards and is categorically proven as safe, according to Federal Guidelines. The Power Density values will be in compliance and the antennas will not cause any habitable area of a structure to exceed the Federal Communication Commission's worst case limits for human exposure to radio frequency electromagnetic fields. The proposed facility should not interfere with other communications facilities. Our sites are monitored 24/7 by a national operations center to insure all is operating normally. In addition, we have local technicians who make routine visits to cell sites to make repairs when needed. I certify that this information is true to the best of my knowledge. Regards, Ken Seymour, FCC License Number PG-13-16349 Engineering Manager AT&T Mobility Date Received: JAN 302014 Original Submittal • • Exhibit #6-Proposed Site Lease Date Received: JAN 302014 Original Submittal. • •I • Market:Eugene Cell Site Number:EG34 Cell Site Name:Gateway Mall East Fixed Asset Number:10576512 OPTION AND LEASE AGREEMENT THIS OPTION AND LEASE AGREEMENT ("Agreement"), dated as of the latter of the signature dates below (the "Effective Date"), is entered into by TAJ ENTERPRISES INC, an Oregon corporation,having a mailing address of 19110 E. Poco Rio Drive, Rio Verde, AZ ("Landlord") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE, 13F, West Tower,Atlanta, GA 30324 ("Tenant"). BACKGROUND Landlord owns or controls that certain plot, parcel or tract of land, as described on Exhibit 1, together with all rights and privileges arising in connection therewith, located at 2728 Pheasant Blvd, in the County of Lane, State of Oregon, (collectively, the "Property"). Tenant desires to use a portion of the Property in connection with its federally licensed communications business. Landlord desires to grant to Tenant the right to use a portion of the Property in accordance with this Agreement. The parties agree as follows: 1. OPTION TO LEASE. (a) Landlord grants to Tenant an option (the "Option") to lease a certain portion of the Property containing approximately 1000 square feet including the air space above such ground space, as described on attached Exhibit 1 (the "Premises"), for the placement of Tenant's Communication Facility. (b) During the Option Term, and during the term of this Agreement, Tenant and its agents,engineers, surveyors and other representatives will have the right to enter upon the Property to inspect, examine, conduct soil borings, drainage testing, material sampling, radio frequency testing and other geological or engineering tests or studies of the Property (collectively, the "Tests"), to apply for and obtain licenses, permits, approvals, or other relief required of or deemed necessary or appropriate at Tenant's sole discretion for its use of the Premises and include, without limitation, applications for zoning variances, zoning ordinances, amendments, special use permits, and construction permits (collectively, the "Government Approvals"), initiate the ordering and/or scheduling of necessary utilities, and otherwise to do those things on or off the Property that, in the opinion of Tenant, are necessary in Tenant's sole discretion to determine the physical condition of the Property, the environmental history of the Property, Landlord's title to the Property and the feasibility or suitability of the Property for Tenant's Permitted Use, all at Tenant's expense. Tenant will not be liable to Landlord or any third party on account of any pre-existing defect or condition on or with respect to the Property, whether or not such defect or condition is disclosed by Tenant's inspection. Tenant will restore the Property to its condition as it existed at the commencement of the Option Term, reasonable wear and tear and loss by casualty or other causes beyond Tenant's control excepted. (c) In consideration of Landlord granting Tenant the Option, Tenant agrees to pay Landlord the sum of XXXX within thirty (30) business days of the Effective Date. The Option will be for an initial term of one (I) year commencing on the Effective Date (the "Initial Option Term") and may be renewed by Tenant for an additional one (1)year(the "Renewal Option Term") upon written notification to Landlord and the payment of an additional XXXXno later than five (5) days prior to the expiration date of the Initial Option Term. The Initial Option Term and any Renewal Option Term are collectively referred to as the"Option Term." (d) The Option may be sold, assigned or transferred at any time by Tenant to an Affiliate (as that • term is hereinafter defined)of Tenant or to any third party agreeing to be subject to the terms hereof. Otherwise, the Option may not be sold, assigned or transferred without the written consent of Landlor su h nsent not to `baxe deceived: JAN 302014 A • • be unreasonably withheld, conditioned or delayed. From and after the date the Option has been sold, assigned or transferred by Tenant to an Affiliate or a third party agreeing to be subject to the terms hereof, Tenant shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due,without any further action. (e) During the Option Term, Tenant may exercise the Option by notifying Landlord in writing. If Tenant exercises the Option then Landlord leases the Premises to Tenant subject to the terms and conditions of this Agreement. If Tenant does not exercise the Option during the Initial Option Tcrm or any extension thereof, this Agreement will terminate and the parties will have no further liability to each other. (f) If during the Option Term, or during the term of this Agreement the Option is exercised, Landlord decides to subdivide, sell, or change the status of the zoning of the Premises, Property or any of Landlord's contiguous, adjoining or surrounding property (the "Surrounding Property,") or in the event of foreclosure, Landlord shall immediately notify Tenant in writing. Landlord agrees that during the Option Term, or during the Term of this Agreement if the Option is exercised, Landlord shall not initiate or consent to any change in the zoning of the Premises, Property or Surrounding Property or impose or consent to any other use or restriction that would prevent or limit Tenant from using the Premises for the Permitted Use. Any and all terms and conditions of this Agreement that by their sense and context are intended to be applicable during the Option Term shall be so applicable. 2. PERMITTED USE. Tenant may use the Premises for the transmission and reception of communications signals and the installation, construction, maintenance, operation, repair, replacement and upgrade of its communications fixtures and related equipment,cables, accessories and improvements,which may include a suitable support structure, associated antennas, equipment shelters or cabinets and fencing and any other items necessary to the successful and secure use of the Premises (collectively, the "Communication Facility"), as well as the right to test; survey and review title on the Property; Tenant further has the right but not the obligation to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including, but not limited to, emergency 911 communication services, at no additional cost to Tenant or Landlord (collectively, the "Permitted Use"). Landlord and Tenant agree that any portion of the Communication Facility that may be conceptually described on Exhibit 1 will not be deemed to limit Tenant's Permitted Use. If Exhibit 1 includes drawings of the initial installation of the Communication Facility; Landlord's execution of this Agreement will signify Landlord's approval of Exhibit 1. For a period of ninety (90) days following the start of construction, Landlord grants Tenant, its subtenants, licensees and sublicensees, the right to use such portions of Landlord's contiguous, adjoining or Surrounding Property as described on Exhibit 1 as may reasonably be required during construction and installation of the Communication Facility. Tenant has the right to install and operate transmission cables from the equipment shelter or cabinet to the antennas,electric lines from the main feed to the equipment shelter or cabinet and communication lines from the Property's main entry point to the equipment shelter or cabinet, and to make other improvements, alterations, upgrades or additions appropriate for Tenant's Permitted Use, including the right to construct a fence around the Premises and undertake any other appropriate means to secure the Premises at Tenant's expense. Tenant has the right to modify, supplement, replace, upgrade, expand the equipment, increase the number of antennas or relocate the Communication Facility within the Premises at any time during the term of this Agreement. Tenant will be allowed to make such alterations to the Property in order to ensure that Tenant's Communication Facility complies with all applicable federal, state or local laws, rules or regulations. In the event Tenant desires to modify or upgrade the Communication Facility, in a manner that requires an additional portion of the Property (the "Additional Premises") for such modification or upgrade, Landlord agrees to lease to Tenant the Additional Premises, upon the same terms and conditions set forth herein, except that the Rent shall increase, in conjunction with the lease of the Additional Premises by the amount equivalent to the then- current per square foot rental rate charged by Landlord to Tenant times the square footage of the Additional Premises. Landlord agrees to take such actions and enter into and deliver to Tenant such documents as Tenant reasonably requests in order to effect and memorialize the lease of the Additional Premises to Tenant. Date Received: • JAN 302014Q( Original Submittal (0 • • 3. TERM. (a) The initial lease term will be five (5) years (the "Initial Term"), commencing on the effective date of written notification by Tenant to Landlord of Tenant's exercise of the Option (the "Term Commencement Date"). The Initial Term will terminate on the fifth (5th) anniversary of the Term Commencement Date. (b) This Agreement will automatically renew for four(4) additional five (5)year term(s) (each five (5) year term shall be defined as an "Extension Term"), upon the same terms and conditions unless Tenant notifies Landlord in writing of Tenant's intention not to renew this Agreement at least sixty (60) days prior to the expiration of the Initial Term or then-existing Extension Term. (c) Unless (i) Landlord or Tenant notifies the other in writing of its intention to terminate this Agreement at least six (6) months prior to the expiration of the final Extension Term, or (ii) the Agreement is terminated as otherwise permitted by this Agreement prior to the end of the final Extension Term, then upon the expiration of the final Extension Term, this Agreement shall continue in force upon the same covenants, terms and conditions for a further term of one (1) year, and for annual terms thereafter ("Annual Term") until terminated by either party by giving to the other written notice of its intention to so terminate at least six (6) months prior to the end of any such Annual Term. Monthly rental during such Annual Terms shall be equal to the Rent paid for the last month of the final Extension Term. If Tenant remains in possession of the Premises after the termination of this Agreement, then Tenant will be deemed to be occupying the Premises on a month- to-month basis (the "Holdover Term"), subject to the terms and conditions of this Agreement. (d) The Initial Term, any Extension Terms, any Annual Terms and any Holdover Term are collectively referred to as the Term (the "Term"). 4. RENT. (a) Commencing on the first day of the month following the date that Tenant commences construction (the "Rent Commencement Date"), Tenant will pay Landlord on or before the fifth (5th) day of each calendar month in advanceXXXX) (the "Rent"), at the following address; 2728 Pheasant Blvd, Springfield, OR 97477. In any partial month occurring after the Rent Commencement Date, Rent will be prorated. The initial Rent payment will be forwarded by Tenant to Landlord within forty-five (45)days after the Rent Commencement Date. (b) In year two (2) of the Initial Term, and each year thereafter, including throughout any Extension Terms exercised,the yearly Rent will increase by XXX percent XXXXover the Rent paid during the previous year. (c) All charges payable under this Agreement such as utilities and taxes shall be billed by Landlord within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Landlord, and shall not be payable by Tenant. The foregoing shall not apply to monthly Rent which is due and payable without a requirement that it be billed by Landlord. The provisions of this subsection shall survive the termination or expiration of this Agreement. 5. APPROVALS. (a) Landlord agrees that Tenant's ability to use the Premises is contingent upon the suitability of the Premises and Property for Tenant's Permitted Use and Tenant's ability to obtain and maintain all Government Approvals. Landlord authorizes Tenant to prepare, execute and file all required applications to obtain Government Approvals for Tenant's Permitted Use under this Agreement and agrees to reasonably assist Tenant with such applications and with obtaining and maintaining the Government Approvals. (b) Tenant has the right to obtain a title report or commitment for a leasehold title policy from a title insurance company of its choice and to have the Property surveyed by a surveyor of its choice. (c) Tenant may also perform and obtain, at Tenant's sole cost and expense, soil borings,percolation tests, engineering procedures, environmental investigation or other tests or reports on, over, and under the Property, necessary to determine if Tenant's use of the Premises will be compatible with Tenant's engineering specifications, system,design,operations or Government Approvals. Date Received: JAN 302014 Original Submittal___ 6. TERMINATION. This Agreement may be terminated, without penalty or further liability, as follows: (a) by either party on thirty (30) days prior written notice, if the other party remains in default under Section 15 of this Agreement after the applicable cure periods; (b) by Tenant upon written notice to Landlord, if Tenant is unable to obtain or maintain, any required approval(s) or the issuance of a license or permit by any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Facility as now or hereafter intended by Tenant; or if Tenant determines, in its sole discretion that the cost of or delay in obtaining or retaining the same is commercially unreasonable; (c) by Tenant, upon written notice to Landlord, if Tenant determines, in its sole discretion, due to the title report results or survey results, that the condition of the Premises is unsatisfactory for its intended uses; (d) by Tenant upon written notice to Landlord for any reason or no reason, at any time prior to commencement of construction by Tenant; or (e) by Tenant upon sixty (60) days' prior written notice to Landlord for any reason or no reason, so long as Tenant pays Landlord a termination fee equal to three (3) months' Rent, at the then-current rate, provided, however, that no such termination fee will be payable on account of the termination of this Agreement by Tenant under any termination provision contained in any other Section of this Agreement, including the following: 5 Approvals, 6(a) Termination, 6(b) Termination, 6(c) Termination, 6(d) Termination, 11(d) Environmental, 18 Condemnation,or 19 Casualty. 7. INSURANCE. (a) During the Term, Tenant will carry, at its own cost and expense, the following insurance: (i) workers' compensation insurance as required by law; and (ii) commercial general liability (CGL) insurance with respect to its activities on the Property, such insurance to afford protection of up to Three Million Dollars ($3,000,000) per occurrence and Six Million Dollars ($6,000,000) general aggregate, based on Insurance Services Office (ISO) Form CG 00 01 or a substitute form providing substantially equivalent coverage. Tenant's CGL insurance shall contain a provision including Landlord as an additional insured. Such additional insured coverage: (i) shall be limited to bodily injury, property damage or personal and advertising injury caused, in whole or in part, by Tenant, its employees, agents or independent contractors; (ii) shall not extend to claims for punitive or exemplary damages arising out of the acts or omissions of Landlord, its employees, agents or independent contractors or where such coverage is prohibited by law or to claims arising out of the gross negligence of Landlord, its employees, agents or independent contractors; and (iii) shall not exceed Tenant's indemnification obligation under this Agreement, if any. (b) Notwithstanding the foregoing, Tenant shall have the right to self-insure the coverages required in subsection (a). In the event Tenant elects to self-insure its obligation to include Landlord as an additional insured,the following provisions shall apply (in addition to those set forth in subsection(a)): (i) Landlord shall promptly and no later than thirty (30) days after notice thereof provide Tenant with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Tenant with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) Landlord shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Tenant; and (iii) Landlord shall fully cooperate with Tenant in the defense of the claim, demand, lawsuit, or the like. Date Received: JAN 302014 Original Submittal re 8. INTERFERENCE. (a) Prior to or concurrent with the execution of this Agreement, Landlord has provided or will provide Tenant with a list of radio frequency user(s) and frequencies used on the Property as of the Effective Date. Tenant warrants that its use of the Premises will not interfere with those existing radio frequency uses on the Property, as long as those existing radio frequency uscr(s) operate and continue to operate within their respective frequencies and in accordance with all applicable laws and regulations. (b) Landlord will not grant, after the date of this Agreement, a lease, license or any other right to any third party, if the rn exercise of such grant may in any way adversely affect or interfere with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will notify Tenant in writing prior to granting any third party the right to install and operate communications equipment on the Property. (c) Landlord will not, nor will Landlord permit its employees, tenants, licensees, invitees, agents or independent contractors to, interfere in any way with the Communication Facility, the operations of Tenant or the rights of Tenant under this Agreement. Landlord will cause such interference to cease within twenty-four (24) hours after receipt of notice of interference from Tenant. In the event any such interference does not cease within the aforementioned cure period, Landlord shall cease all operations which are suspected of causing interference (except for intermittent testing to determine the cause of such interference) until the interference has been corrected. (d) For the purposes of this Agreement, "interference" may include,but is not limited to, any use on the Property or Surrounding Property that causes electronic or physical obstruction with, or degradation of, the communications signals from the Communication Facility. 9. INDEMNIFICATION. (a) Tenant agrees to indemnify, defend and hold Landlord harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the installation, use, maintenance, repair or removal of the Communication Facility or Tenant's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Landlord, its employees, agents or independent contractors. (b) Landlord agrees to indemnify, defend and hold Tenant harmless from and against any and all injury, loss, damage or liability (or any claims in respect of the foregoing), costs or expenses (including reasonable attorneys' fees and court costs) arising directly from the actions or failure to act of Landlord, its employees or agents, or Landlord's breach of any provision of this Agreement, except to the extent attributable to the negligent or intentional act or omission of Tenant, its employees, agents or independent contractors. (c) The indemnified party: (i) shall promptly provide the indemnifying party with written notice of any claim, demand, lawsuit, or the like for which it seeks indemnification pursuant to this Section and provide the indemnifying party with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of the indemnifying party; and (iii) shall fully cooperate with the indemnifying party in the defense of the claim, demand, lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its indemnity obligation, except (I) to the extent the indemnifying party can show it was prejudiced by the delay; and (2) the indemnifying party shall not be liable for any settlement or litigation expenses incurred before the time when notice is given. 10. WARRANTIES. (a) Tenant and Landlord each acknowledge and represent that it is duly organized, validly existing and in good standing and has the right, power and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. (b) Landlord represents, warrants and agrees that: (i) Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by lease or license; (ii) the Property is not and will not be encumbered by any liens,restrictions, mortgages,covenants,conditions, easements, leases,or any other agreements of record or not of record, which would adversely affect Tenant's Permitted Use and enjoyment of thtli isR4 j• 8, JAN 302014 90 • • Agreement; (iii) as long as Tenant is not in default then Landlord grants to Tenant sole, actual, quiet and peaceful use, enjoyment and possession of the Premises without hindrance or ejection by any persons lawfully claiming under Landlord; (iv) Landlord's execution and performance of this Agreement will not violate any laws, ordinances, covenants or the provisions of any mortgage, lease or other agreement binding on Landlord; and (v) if the Property is or becomes encumbered by a deed to secure a debt, mortgage or other security interest, Landlord will provide promptly to Tenant a mutually agreeable subordination, non-disturbance and attornment agreement executed by Landlord and the holder of such security interest. 11. ENVIRONMENTAL. (a) Landlord represents and warrants that,except as may be identified in Exhibit 11 attached to this Agreement, (i) the Property, as of the date of this Agreement, is free of hazardous substances, including asbestos-containing materials and lead paint, and (ii) the Property has never been subject to any contamination or hazardous conditions resulting in any environmental investigation, inquiry or remediation. Landlord and Tenant agree that each will be responsible for compliance with any and all applicable governmental laws, rules, statutes, regulations, codes, ordinances; or principles of common law regulating or imposing standards of liability or standards of conduct with regard to protection of the environment or worker health and safety, as may now or at any time hereafter be in effect, to the extent such apply to that party's activity conducted in or on the Property. (b) Landlord and Tenant agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding ("Claims"), to the extent arising from that party's breach of its obligations or representations under Section 11(a). Landlord agrees to hold harmless and indemnify Tenant from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Landlord for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from subsurface or other contamination of the Property with hazardous substances prior to the effective date of this Agreement or from such contamination caused by the acts or omissions of Landlord during the Term. Tenant agrees to hold harmless and indemnify Landlord from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of Tenant for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any Claims, to the extent arising from hazardous substances brought onto the Property by Tenant. (c) The indemnifications of this Section 11 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Property conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 11 will survive the expiration or termination of this Agreement. (d) In the event Tenant becomes aware of any hazardous substances on the Property, or any environmental, health or safety condition or matter relating to the Property, that, in Tenant's sole determination, renders the condition of the Premises or Property unsuitable for Tenant's use, or if Tenant believes that the leasing or continued leasing of the Premises would expose Tenant to undue risks of liability to a government agency or other third party, Tenant will have the right, in addition to any other rights it may have at law or in equity, to terminate this Agreement upon written notice to Landlord. 12. ACCESS. At all times throughout the Term of this Agreement, and at no additional charge to Tenant, Tenant and its employees, agents, and subcontractors, will have twenty-four(24)hour per day, seven (7)day per week pedestrian and vehicular access ("Access") to and over the Property, from an open and improved public road to the Premises, for the installation, maintenance and operation of the Communication Facility and any utilities serving the Premises. As may be described more fully in Exhibit 1. Landlord grants to Tenant an easement for such Access and Landlord agrees to provide to Tenant such codes, keys and other instruments necessary for such Access at no additional cost to Tenant. Upon Tenant's request, Landlord will execute a separate recordable easement evidencing this right. Landlord shall execute a letter granting Tenant Access to the Property substantially in the form attached as Exhibit 12; upon Tenant's request, Landlord shall execute additional letters during the Term. Landlord acknowledges that in the event Tenant cannobebtain„A css.to the JAN 302014 Premises, Tenant shall incur significant damage. If Landlord fails to provide the Access granted by this Section 12, such failure shall be a default under this Agreement. In connection with such default, in addition to any other rights or remedies available to Tenant under this Agreement or at law or equity, Landlord shall pay Tenant, as liquidated damages and not as a penalty, $500.00 per day in consideration of Tenant's damages until Landlord cures such default. Landlord and Tenant agree that Tenant's damages in the event of a denial of Access are difficult, if not impossible, to ascertain, and the liquidated damages set forth above are a reasonable approximation of such damages. 13. REMOVAL/RESTORATION. All portions of the Communication Facility brought onto the Property by Tenant will be and remain Tenant's personal property and, at Tenant's option, may be removed by Tenant at any time during or after the Term. Landlord covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, the Property, it being the specific intention of Landlord that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of Tenant and may be removed by Tenant at any time during or after the Term. Tenant will repair any damage to the Property resulting from Tenant's removal activities. Any portions of the Communication Facility that Tenant does not to remove within one hundred twenty (120) days after the later of the end of the Term and cessation of Tenant's operations at the Premises shall be deemed abandoned and owned by Landlord. Notwithstanding the foregoing, Tenant will not be responsible for the replacement of any trees, shrubs or other vegetation. 14. MAINTENANCE/UTILITIES. (a) Tenant will keep and maintain the Premises in good condition, reasonable wear and tear and damage from the elements excepted. Landlord will maintain and repair the Property and access thereto and all areas of the Premises where Tenant does not have exclusive control, in good and tenantable condition, subject to reasonable wear and tear and damage from the elements. Landlord will be responsible for maintenance of landscaping on the Property, including any landscaping installed by Tenant as a condition of this Agreement or any required permit. (b) Tenant will be responsible for paying on a monthly or quarterly basis all utilities charges for electricity, telephone service or any other utility used or consumed by Tenant on the Premises. In the event Tenant cannot secure its own metered electrical supply, Tenant will have the right, at its own cost and expense, to submeter from Landlord. When submetering is required under this Agreement, Landlord will read the meter and provide Tenant with an invoice and usage data on a monthly basis. Landlord agrees that it will not include a markup on the utility charges. Landlord further agrees to provide the usage data and invoice on forms provided by Tenant and to send such forms to such address and/or agent designated by Tenant. Tenant will remit payment within forty-five (45) days of receipt of the usage data and required forms. As noted in Section 4(c) above, any utility fee recovery by Landlord is limited to a twelve (12) month period. If Tenant submeters electricity from Landlord, Landlord agrees to give Tenant at least twenty-four (24) hours advance notice of any planned interruptions of said electricity. Landlord acknowledges that Tenant provides a communication service which requires electrical power to operate and must operate twenty-four (24) hours per day, seven (7) days per week. If the interruption is for an extended period of time, in Tenant's reasonable determination, Landlord agrees to allow Tenant the right to bring in a temporary source of power for the duration of the interruption. Landlord will not be responsible for interference with, interruption of or failure, beyond the reasonable control of Landlord,of such services to be furnished or supplied by Landlord. (c) Landlord hereby grants to any company providing utility or similar services, including electric power and telecommunications, to Tenant an easement over the Property, from an open and improved public road to the Premises, and upon the Premises, for the purpose of constructing, operating and maintaining such lines, wires, circuits, and conduits, associated equipment cabinets and such appurtenances thereto, as such companies may from time to time require in order to provide such services to the Premises. Upon Tenant's or the service company's request, Landlord will execute a separate recordable easement evidencing this grant, at no cost to Tenant or the service company. 15. DEFAULT AND RIGHT TO CURE. Date Received: JAN 302014 Original Submittal • • (a) The following will be deemed a default by Tenant and a breach of this Agreement: (i) non- payment of Rent if such Rent remains unpaid for more than thirty (30) days after written notice from Landlord of such failure to pay; or (ii) Tenant's failure to perform any other term or condition under this Agreement within forty-five (45) days after written notice from Landlord specifying the failure. No such failure, however, will be deemed to exist if Tenant has commenced to cure such default within such period and provided that such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Tenant. If Tenant remains in default beyond any applicable cure period, Landlord will have the right to exercise any and all rights and remedies available to it under law and equity. (b) The following will be deemed a default by Landlord and a breach of this Agreement: (i) Landlord's failure to provide Access to the Premises as required by Section 12 of this Agreement within twenty- four (24) hours after written notice of such failure; (ii) Landlord's failure to cure an interference problem as required by Section 8 of this Agreement within twenty-four (24) hours after written notice of such failure; or (iii) Landlord's failure to perform any term, condition or breach of any warranty or covenant under this Agreement within forty-five (45) days after written notice from Tenant specifying the failure. No such failure, however, will be deemed to exist if Landlord has commenced to cure the default within such period and provided such efforts are prosecuted to completion with reasonable diligence. Delay in curing a default will be excused if due to causes beyond the reasonable control of Landlord. If Landlord remains in default beyond any applicable cure period, Tenant will have: (i) the right to cure Landlord's default and to deduct the costs of such cure from any monies due to Landlord from Tenant, and(ii) any and all other rights available to it under law and equity. 16. ASSIGNMENT/SUBLEASE. Tenant will have the right to assign this Agreement or sublease the Premises and its rights herein, in whole or in part,without Landlord's consent. Upon notification to Landlord of such assignment, Tenant will be relieved of all future performance, liabilities and obligations under this Agreement to the extent of such assignment. 17. NOTICES. All notices, requests and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows: If to Tenant: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site#EG34; Cell Site Name: Gateway Mall East OR Fixed Asset#: 10576512 575 Morosgo Drive NE, 13F, West Tower Atlanta, GA 30324 With a copy to New Cingular Wireless PCS, LLC Attn: AT&T Legal Dept—Network Operations Re: Cell Site#: EG34; Cell Site Name: Gateway Mall East OR Fixed Asset#: 10576512 208 S. Akard Street Dallas, TX 75202-4206 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. If to Landlord: TAJ ENTERPRISES Inc. Date Received: Attn; Randy Cummings 2728 Pheasant Blvd, JAN 3 0 2014 Springfield, OR 97477 Original Submittal Either party hereto may change the place for the giving of notice to it by thirty (30) days' prior written notice to the other as provided herein. 18. CONDEMNATION. In the event Landlord receives notification of any condemnation proceedings affecting the Property, Landlord will provide notice of the proceeding to Tenant within forty-eight(48)hours. If a condemning authority takes all of the Property, or a portion sufficient, in Tenant's sole determination, to render the Premises unsuitable for Tenant, this Agreement will terminate as of the date the title vests in the condemning authority. The parties will each be entitled to pursue their own separate awards in the condemnation proceeds, which for Tenant will include, where applicable, the value of its Communication Facility, moving expenses, prepaid Rent, and business dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a prorata basis. 19. CASUALTY. Landlord will provide notice to Tenant of any casualty or other harm affecting the Property within forty-eight (48) hours of the casualty or other harm. If any part of the Communication Facility or Property is damaged by casualty or other harm as to render the Premises unsuitable, in Tenant's sole determination, then Tenant may terminate this Agreement by providing written notice to Landlord, which termination will be effective as of the date of such casualty or other harm. Upon such termination, Tenant will be entitled to collect all insurance proceeds payable to Tenant on account thereof and to be reimbursed for any prepaid Rent on a prorata basis. Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property, but only until such time as Tenant is able to activate a replacement transmission facility at another location; notwithstanding the termination of the Agreement, such temporary facilities will be governed by all of the terms and conditions of this Agreement, including Rent. If Landlord or Tenant undertakes to rebuild or restore the Premises and/or the Communication Facility, as applicable, Landlord agrees to permit Tenant to place temporary transmission and reception facilities on the Property at no additional Rent until the reconstruction of the Premises and/or the Communication Facility is completed. If Landlord determines not to rebuild or restore the Property, Landlord will notify Tenant of such determination within thirty (30) days after the casualty or other harm. If Landlord does not so notify Tenant, and Tenant decides not to terminate under this Section, then Landlord will promptly rebuild or restore any portion of the Property interfering with or required for Tenant's Permitted Use of the Premises to substantially the same condition as existed before the casualty or other harm. Landlord agrees that the Rent shall be abated until the Property and/or the Premises are rebuilt or restored, unless Tenant places temporary transmission and reception facilities on the Property. 20. WAIVER OF LANDLORD'S LIENS. Landlord waives any and all lien rights it may have,statutory or otherwise, concerning the Communication Facility or any portion thereof The Communication Facility shall be deemed personal property for purposes of this Agreement, regardless of whether any portion is deemed real or personal property under applicable law; Landlord consents to Tenant's right to remove all or any portion of the Communication Facility from time to time in Tenant's sole discretion and without Landlord's consent. . 21. TAXES. (a) Landlord shall be responsible for timely payment of all taxes and assessments levied upon the lands, improvements and other property of Landlord, including any such taxes that may be calculated by the taxing authority using any method, including the income method. Tenant shall be responsible for any taxes and assessments attributable to and levied upon Tenant's leasehold improvements on the Premises if and as set forth in this Section 21. Nothing herein shall require Tenant to pay any inheritance, franchise, income, payroll, excise, privilege, rent,capital stock, stamp, documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed upon Landlord. (b) In the event Landlord receives a notice of assessment with respect to which taxes or assessments are imposed on Tenant's leasehold improvements on the Premises, Landlord shall provide Tenant with copies of each such notice immediately upon receipt, but in no event later than thirty (30) days after beage,of eCCcIV� JAN 30 2014 fr;ninai G,kn.4 ..1 r / 1 notice of assessment. If Landlord does not provide such notice or notices to Tenant within such time period, Landlord shall be responsible for payment of the tax or assessment set forth in the notice, and Landlord shall not have the right to reimbursement of such amount from Tenant. If Landlord provides a notice of assessment to Tenant within such time period and requests reimbursement from Tenant as set forth below, then Tenant shall reimburse Landlord for the tax or assessments identified on the notice of assessment on Tenant's leasehold improvements, which has been paid by Landlord. If Landlord seeks reimbursement from Tenant, Landlord shall, no later than thirty (30) days after Landlord's payment of the taxes or assessments for the assessed tax year, provide Tenant with written notice including evidence that Landlord has timely paid same, and Landlord shall provide to Tenant any other documentation reasonably requested by Tenant to allow Tenant to evaluate the payment and to reimburse Landlord. (c) For any tax amount for which Tenant is responsible under this Agreement, Tenant shall have the right to contest, in good faith, the validity or the amount thereof using such administrative, appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Tenant may deem appropriate. This right shall include the ability to institute any legal, regulatory or informal action in the name of Landlord, Tenant, or both, with respect to the valuation of the Premises. Landlord shall cooperate with respect to the commencement and prosecution of any such proceedings and will execute any documents required therefor. The expense of any such proceedings shall be borne by Tenant and any refunds or rebates secured as a result of Tenant's action shall belong to Tenant, to the extent the amounts were originally paid by Tenant. In the event Tenant notifies Landlord by the due date for assessment of Tenant's intent to contest the assessment, Landlord shall not pay the assessment pending conclusion of the contest,unless required by applicable law. (d) Landlord shall not split or cause the tax parcel on which the Premises are located to be split, bifurcated, separated or divided without the prior written consent of Tenant. (e) Tenant shall have the right but not the obligation to pay any taxes due by Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or remedies of Tenant. In the event that Tenant exercises its rights under this Section 21(e) due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid from any monies due to Landlord from Tenant as provided in Section 15(b), provided that Tenant may exercise such right without having provided to Landlord notice and the opportunity to cure per Section 15(b). (f) Any tax-related notices shall be sent to Tenant in the manner set forth in Section 17 and, in addition, of a copy of any such notices shall be sent to the following address. Promptly after the Effective Date of this Agreement, Landlord shall provide the following address to the taxing authority for the authority's use in the event the authority needs to communicate with Tenant. In the event that Tenant's tax addresses changes by notice to Landlord, Landlord shall be required to provide Tenant's new tax address to the taxing authority or authorities. • New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration -- Taxes Re: Cell Site#EG34;Cell Site Name: Gateway Mall East OR Fixed Asset#: 10576512 575 Morosgo Drive NE, 13F, West Tower • Atlanta, GA 30324 (g) Notwithstanding anything to the contrary contained in this Section 21, Tenant shall have no obligation to reimburse any tax or assessment for which the Landlord is reimbursed or rebated by a third party. Date Received: JAN 302014 Original Submittal • • 22. SALE OF PROPERTY (a) Landlord shall not be prohibited from the selling, leasing or use of any of the Property or the Surrounding Property except as provided below. (b) If Landlord, at any time during the Term of this Agreement, decides to rezone or sell, subdivide or otherwise transfer all or any part of the Premises, or all or any part of the Property or Surrounding Property, to a purchaser other than Tenant, Landlord shall promptly notify Tenant in writing, and such rezoning, sale, subdivision or transfer shall be subject to this Agreement and Tenant's rights hereunder. In the event of a change in ownership, transfer or sale of the Property, within ten (10) days of such transfer, Landlord or its successor shall send the documents listed below in this subsection (b) to Tenant. Until Tenant receives all such documents, Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement. i. Old deed to Property ii. New deed to Property iii. Bill of Sale or Transfer iv. Copy of current Tax Bill v. New IRS Form W-9 vi. Completed and Signed AT&T Payment Direction Form vii. Full contact information for new Landlord including phone number(s) (c) Landlord agrees not to sell, lease or use any areas of the Property or Surrounding Property for the installation, operation or maintenance of other wireless communications facilities if such installation, operation or maintenance would interfere with Tenant's Permitted Use or communications equipment as determined by radio propagation tests performed by Tenant in its sole discretion. Landlord or Landlord's prospective purchaser shall reimburse Tenant for any costs and expenses of such testing. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Tenant, Landlord shall be prohibited from selling, leasing or using any areas of the Property or the Surrounding Property for purposes of any installation, operation or maintenance of any other wireless communications facility or equipment. (d) The provisions of this Section shall in no way limit or impair the obligations of Landlord under this Agreement, including interference and access obligations. 23. RENTAL STREAM OFFER. If at any time after the date of this Agreement, Landlord receives a bona fide written offer from a third party seeking an assignment or transfer of Rent payments associated with this Agreement("Rental Stream Offer"), Landlord shall immediately furnish Tenant with a copy of the Rental Stream Offer. Tenant shall have the right within twenty (20)days after it receives such copy to match the Rental Stream Offer and agree in writing to match the terms of the Rental Stream Offer. Such writing shall be in the form of a contract substantially similar to the Rental Stream Offer. If Tenant chooses not to exercise this right or fails to provide written notice to Landlord within the twenty (20) day period, Landlord may assign the right to receive Rent payments pursuant to the Rental Stream Offer,subject to the terms of this Agreement. If Landlord attempts to assign or transfer Rent payments without complying with this Section, the assignment or transfer shall be void. Tenant shall not be responsible for any failure to make payments under this Agreement and reserves the right to hold payments due under this Agreement until Landlord complies with this Section. 24. MISCELLANEOUS. (a) Amendment/Waiver. This Agreement cannot be amended, modified or revised unless done in writing and signed by Landlord and Tenant. No provision may be waived except in a writing signed by both parties. The failure by a party to enforce any provision of this Agreement or to require performance by the other party will not be construed to be a waiver, or in any way affect the right of either party to enforce such provision thereafter. (b) Memorandum/Short Form Lease. Contemporaneously with the execution of this Agreement, the parties will execute a recordable Memorandum or Short Form of Lease substantially in the form attached as Exhibit 24b. Either party may record this Memorandum or Short Form of Lease at ar}t r}yrin2 tthVeTe{m, in JAN 302014 (lrininal et ih...S4w1 • • its absolute discretion. Thereafter during the Term of this Agreement, either party will, at any time upon fifteen (15) business days' prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum or Short Form of Lease. (c) Limitation of Liability. Except for the indemnity obligations set forth in this Agreement, and otherwise notwithstanding anything to the contrary in this Agreement, Tenant and Landlord each waives any claims that each may have against the other with respect to consequential, incidental or special damages, however caused,based on any theory of liability. (d) Compliance with Law. Tenant agrees to comply with all federal, state and local laws, orders, rules and regulations ("Laws") applicable to Tenant's use of the Communication Facility on the Property. Landlord agrees to comply with all Laws relating to Landlord's ownership and use of the Property and any improvements on the Property. (e) Bind and Benefit. The terms and conditions contained in this Agreement will run with the Property and bind and inure to the benefit of the parties, their respective heirs, executors, administrators, successors and assigns. (f) Entire Agreement. This Agreement and the exhibits attached hereto, all being a part hereof, constitute the entire agreement of the parties hereto and will supersede all prior offers, negotiations and agreements with respect to the subject matter of this Agreement. Exhibits are numbered to correspond to the Section wherein they are first referenced. Except as othenvise stated in this Agreement; each party shall bear its own fees and expenses (including the fees and expenses of its agents, brokers, representatives, attorneys, and accountants) incurred in connection with the negotiation, drafting, execution and performance of this Agreement and the transactions it contemplates. (g) Governing Law. This Agreement will be governed by the laws of the state in which the Premises arc located,without regard to conflicts of law. (h) Interpretation. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; (iii) whenever a party's consent is required under this Agreement, except as othenvise stated in this Agreement or as same may be duplicative, such consent will not be unreasonably withheld, conditioned or delayed; (iv) exhibits are an integral part of this Agreement and are incorporated by reference into this Agreement; (v) use of the terms "termination" or "expiration" are interchangeable; (vi) reference to a default will take into consideration any applicable notice, grace and cure periods; (vii) to the extent there is any issue with respect to any alleged, perceived or actual ambiguity in this Agreement, the ambiguity shall not be resolved on the basis of who drafted the Agreement; (viii) the singular use of words includes the plural where appropriate and (ix) if any provision of this Agreement is held invalid, illegal or unenforceable, the remaining provisions of this Agreement shall remain in full force if the overall purpose of the Agreement is not rendered impossible and the original purpose, intent or consideration is not materially impaired. (i) Affiliates.All references to"Tenant"shall be deemed to include any Affiliate of New Cingular Wireless PCS, LLC using the Premises for any Permitted Use or otherwise exercising the rights of Tenant pursuant to this Agreement. "Affiliate" means with respect to a party to this Agreement, any person or entity that(directly or indirectly)controls, is controlled by,or under common control with, that party. "Control"of a person or entity means the power(directly or indirectly) to direct the management or policies of that person or entity,whether through the ownership of voting securities, by contract, by agency or otherwise. (j) Survival. Any provisions of this Agreement relating to indemnification shall survive the termination or expiration hereof. In addition, any terms and conditions contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement shall so survive. (k) W-9. As a condition precedent to payment, Landlord agrees to provide Tenant with a completed IRS Form W-9, or its equivalent, upon execution of this Agreement and at such other times as may be reasonably requested by Tenant, including, any change in Landlord's name or address. (l) Execution/No Option. The submission of this Agreement to any party for examination or consideration dots not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement onlpiarte likt2lVgjfen legal JAN 302014 nrininal Submittal. • • execution, acknowledgment and delivery hereof by Landlord and Tenant. This Agreement may be executed in two (2) or more counterparts, all of which shall be considered one and the same agreement and shall become effective when one or more counterparts have been signed by each of the parties. All parties need not sign the same counterpart. (m) Attorneys' Fees. In the event that any dispute between the parties related to this Agreement should result in litigation, the prevailing party in such litigation shall be entitled to recover from the other party all reasonable fees and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys' fees and expenses. Prevailing party means the party determined by the court to have most nearly prevailed even if such party did not prevail in all matters. This provision will not be construed to entitle any party other than Landlord, Tenant and their respective Affiliates to recover their fees and expenses. (n) WAIVER OF JURY TRIAL. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, • KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING UNDER ANY THEORY OF LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE TRANSACTIONS IT CONTEMPLATES. • • Date Received: JAN 3 0 2074 Original Submittal Exhibit #7-Utilities Coordination Report Date Received: JAN 302014 � Original Submittal • Prelim: 11/15/13 FINAL: 12/18/13 atl Revision: 1 CJr,� Rev Date: 01/06/13 Utility Coordination Report E . Gateway Mall East FA: 10576512 USID: 154949 N 7V 4f ♦ ry ' d �p I 'T.^— ? 1 � - Company: R&W Engineering Consultant: Heather Harris .3321 Phone Number: 503.726 Email: hharris @rweng.com Site Status: SAO POWER: Springfield Utility Board ENET: NA TDM: Century ( west) Date Received: JAN 3 0 2014,1 / UCR: EG34 Gateway Mall East - 1 - ( 1321.027.001 Original Submittal 1 V___---- • • • POWER Power Company Contact Information Provider: Springfield Utility Board App Sent: 10/22/13 Engineering Contact: Guenter Matyszak WO#: N/A Address: 1001 Main St. Springfield OR 97477 FEES: N/A Phone Number(s): 541-736-3296 or 541-954-5183 E-mail Address: quentermasubutil.com New Business Contact (To set up account): Customer Service Address: 250 "A" Street Springfield, OR 97477 Phone Number(s): 541-746-9599 i Met with Engineering Contact on-site: ❑ Yes Date of site walk: ® No (explain): Coordinated via telephone/email 10/29/13 Power Run Information Point of Origination: N Pole-mounted Transformer ❑ Pad-Mounted Transformer ❑ Electrical Room ❑ Sub-meter from Existing Power ❑ Vault/Hand-hole ❑ other (Describe): Identification number on Point of Origination: Existing SUB Pole#97178 Capacity at demarcation: 600A, 120/240V, 1 Phase, 3 Wire ((3) 200A Services) Distance to site (via existing or proposed easement): Approximately 160' Describe route to AT&T equipment (be specific, including if and where a new transformer will be placed, where new AT&T meter will go, etc.): Springfield Utility Board (SUB) will need to set a new 120/240V 1 Phase transformer on their existing pole #97178. AT&T to sweep (3) 3" Schedule 40 PVC Conduits up at the base of existing Springfield Utility Board's (SUB) pole #97178. The sweeps will need to be a schedule 40 long sweeps with 36" radius. SUB will provide the stand-off brackets. The contractor will need to coordinate the exact sweep location with the power company representative prior to installation. (SUB) will build the entire riser. See ESD 0106 attachment. AT&T to place the conduits in a 36" below grade trench and extend them over to the location of the new H-Frame with (3) 200A meterbase inside the new AT&T leas area. AT&T to provide and install Date Received: UCR: EG34 Gateway Mall East - 3 JAN 3 0 2014 1321.027.001 Original Submittal—_ t 9y U/ • the new H-Frame as well as the (3) 200A meterbase. AT&T will need to sweep (1) of the 3" conduits up into each meterbase. The sweeps will need to have a minimum 36" radius. AT&T will need to provide and pull in (3) #3/0 copper conductors in one of the (3) 3" conduits. To assist pulling in conductor, please call the Electric Department at least 1 business day in advance for . appointment. SUB will work with AT&T contractor to help pull in conductor into newly constructed rise. AT&T will need to provide an engraved label on their meterbase, identifying it as AT&T's meter and the address. It should be mentioned that a portion of the power and telco route will require that AT&T either bore or cut and patch the existing pavement. Notes: • AT&T to have the meterbase inspected by the city prior to SUB energizing the new service. • AT&T to request locates prior to any excavation. • SUB will require that they inspect the trenching prior to backfill. Please call 541-726-2395 to arrange for the trench inspection. • All sweeps will need to have a minimum 36"radius. • The power and telco conduits will be combined in a joint trench. A minimum 12" separation must be maintained at all times. • AT&T will need to provide SUB 24 hour access to their equipment inside the lease area. • AT&T will need to provide 3'-6" clearance in front of the meterbase per NEC. Power Easement Information Utility Co. Easement(s) Required (Utility Co. Document)? ® Yes ❑ No Third-Party Easement(s) Needed? [' Yes ® No Who will WRITE Who EXECUTES& NOTARIZES Who RECORDS ❑ Power Co. ® Power Co. ® Power Co. ® SA Vendor ❑ SA Vendor ❑ SA Vendor ❑ Other: see below ❑ Other: see below ❑ Other: see below SUB will require a 7' wide easement from their existing power pole over to the meterbase. SUB will provide AT&T with their easement template. AT&T will need to fill out the template with the legal description of the entire and send it to SUB. SUB will need to execute, notarize and record the easement. Date Received: JAN 302014 UCR: EG34 Gateway Mall East - 4- I U 1321.027.001 Original Submittal • • TELCO —TDM T1 - Telco Company Contact Information Provider: Century Link (Qwest) Engineering Contact: Norm Palmer Address: 112 East 10th Street Eugene, OR 97401 Phone Number(s): (541) 484-8084 E-mail Address: norm.palmer @centurylink.com Met with Engineering Contact on-site: ® Yes Date of site walk: 10/10/13 ❑ No (explain): T1 Telco Run Information Will microwave be required? ❑ Yes** ❑ Potentially** ® No **Explain: Also see additional information below. Point of Origination: ❑ Pole ® Pedestal ❑ Terminal ❑ Vault/Hand-hole ❑ Other (Describe): Number or address of point of origination: Existing Centurylink Pedestal #R650 Distance to site (via existing or proposed easement): Approximately 277' Required number of T-1's for facility (per RF): 14 T1/DS1s being delivered via: ® Copper ❑ Fiber Does the point of origin capacity need to be increased or reinforced by Telco Co? ❑ Yes ® No Describe Route to AT&T Equipment (be specific, including whether a new pedestal or terminal will be placed, where it would be placed, etc): AT&T will need to sweep (1) 2" Schedule 40 PVC Conduit with pulltape up at existing Centurylink pedestal #R650. The sweep will need to have a minimum 36" radius. AT&T will need to coordinate the exact sweep location with the Centurylink representative prior to installation. AT&T will need to place the conduit in a 36" below grade trench and extend it approximately 95' south to the location of the new 3048 handhole. AT&T will need to provide and install the new 3048 handhole. The contractor will need to coordinate the exact location of the new handhole with the Centurylink representative prior to installation. AT&T will need to stub the 2" conduit into the new handhole. Date Received: UCR: EG34 Gateway Mall East - 6 JAN 3 0 1014 1321.027.001 ()rifling' Submittal ei AT&T will need to stub (1) 4" Schedule 40 PVC conduit with (1) 1-1/4" innerduct, trace wire and pulltape into the newly installed 3048 handhole. The trace wire to be provided in the conduit and NOT in the innerduct. The contractor will need to provide pulltape in both the innerduct and the conduit. The conduit will need to be placed in a 36" below grade trench and extended approximately 132' east where it will make a 90° turn to the north. The sweep will need to have a minimum 36" radius. The conduit to be extended approximately 50' over to the location of the new 3048 handhole located just outside the AT&T fenced lease area. AT&T will need to provide and install the new 3048 handhole. The contractor will need to coordinate the exact location of the new handhole with the Century link representative prior to installation. AT&T will need to stub the 4" conduit into the new handhole. It should be mentioned that a portion of the power and telco route will require that AT&T either bore or cut and patch the existing pavement. AT&T will need to stub (1) 2" Schedule 40 PVC conduit with pulltape into the newly installed 3048 handhole. The conduit will need to be placed in a 36" below grade trench and extended over to the new H-Frame with a 3'X3'X1' NEMA 3R Hoffman Enclosure. AT&T will need to provide and install the new H-Frame and the new 3'X3'X1' NEMA 3R Hoffman Enclosure. AT&T will need to sweep the conduit up into the new Hoffman Enclosure. The sweep will need to have a minimum 36" radius. AT&T will need to provide a #6 copper service ground for Century Link's use. AT&T will need to sweep (1) 2" Schedule 40 PVC Conduit with pulltape up into the newly installed Hoffman Enclosure. The conduit will need to be placed in a 36" below grade trench and extended over to AT&T's shelter exterior. Here, the conduit will need to be swept up into a 12"X12"X9" weatherproof junction box. AT&T will need to provide and install the new junction box over the existing wall penetration into AT&T's shelter. For Future Fiber/Ethernet: AT&T will need to stub (1) 2" Schedule 40 PVC Conduit with pulltape into the newly installed 3048 handhole. The conduit will need to be placed in a 36" below grade trench and extended over to AT&T's shelter exterior. Here, the conduit will need to be swept up into the newly installed 12"X12"X9" weatherproof junction box. NOTES: • AT&T to request locates prior to any digging. • Power and Telco will be combined in a joint trench. A minimum 12" separation must be maintained at all times. • All sweeps to have a minimum 36" radius. • AT&T will need to order the Hoffman enclosure with a 3/4"fire rated plywood backboard inside. • AT&T will need to provide a 120V weatherproof receptacle. • Trace wire to be 26 gauge or larger. The trace wire can be multi-strand or solid core. The trace wire must have shielding; bare wire is not allowed. The contractor will need to leave a 3' coil of trace wire at each end of the conduit. Date Received: UCR: EG34 Gateway Mall East - 7 - JAN 3 O 2014 1321.027.001 Original Submittal 1 .ii , . Y « lit +1a r —� AT&T to provide and tit ' « f,•_a:�: Existing :;• install(1)4"Schedule `? CenturyLink 40 PVC Conduit with(1) • •t '-,• .4 Pedestal 1-1/4"Innerdud,trace i M - • .., ",.•..-.;r' #R650 At"... ., wire and pulltape in a AT&T Lease 110 al ► ,, ��r•.., t �,. 7,..,• t. }•:-:- 36"below grade trench Area -- • - AT&T to - -- provide and '� AT&T to sweep(1)2"Schedule 40 PVC install 3048 .. Conduit with pulltape up at existing CenturyLink r handhole Pedestal#R650. Ai (' I .. • ME— ' ' L AT&T to place the ' IMICQ I : � 1 �- conduit in a 36"below Power&telco grade trench. �`�� I � AT&T to bore or cut and 9 conduits in a joint I patch existing paved surface r trench must maintain - AT&T to provide and install aT a 12"separation at all f 3048 handhole.CenturyLink --- I - times. will bring future fiber/Ethernet . - -•1 / AT&T to place the conduits and to this handhole. , , .- conductors in a 36"below grade • •'I „ ,.r 711112-- 'Exisina SUB Pole#97138 Ilt .- ' l ( 1± --I . AT&T to sweep(3)3”Schedule 40 PVC Conduits up at the base of existing SUB Pole#97178-The sweeps to be a schedule 40 long sweeps with 36"radius.AT&T to provide(3)3°Schedule 80 risers for the existing SUB pole. The risers will need to be 10'in length.SUB will build the entire riser on the pole.AT&T will need to provide and pull in(3)#3/0 copper conductors in(1)of the(3)3"conduits Please call the Electric department at least 1 business day in advance for an appointment. SUB will work with the AT&T contractor to help pull in the conductor into newly constructed riser. • Date Received: JAN 302014 UCR: EG34 Gateway Mall East - 9- rl 1321.027.001 Original Submittal AT&T to place AT&T to sweep(3)3"Schedule 40 PVC Conduits up at the base of existing SUB Pole#97178. The the conduit and i sweeps to be a schedule 40 long sweeps with 36"radius.AT&T to provide(3)3"Schedule 80 risers conductors in a for the existing SUB pole. The risers will need to be 10'in length. SUB will build the entire riser on ' 36"below grade the le.AT&T will need to provide and pull in(3)#310 co trench. P P O copper conductors in(1)of the(3)3" i conduits Please call the Electric department at least 1 business day in advance for an NM _. appointment. SUB will work with the AT&T contractor to help pull in the conductor into newly • constructed riser. ..„..i.:.:. r ; . a ...r.,,. .1 . 1 - • . ' ,'.-$ i .111 ,,,,,,. r f • * V if pri. ., . • . . sN, 40'... , AT&T to provide and AT&T to provide and install • 1 • install(1)4"Schedule 3048 handhole. CenturyLink 0,, 40 PVC Conduit with will bring future fiber/Ethernet (1) 1-1/4"innerduct, to this handhole. , trace wire and pulltape in a 36" - • it below grade trench. "' AT&T to place the conduit in a 36"below \ • r grade trench. { .T . p i - ` - O'.1. d AT&T to sweep(1)2"Schedule 40 PVC P" ti Conduit with pulltape up at existing CenturyLink F.; • - Pedestal#R650. Ilk Date Received: JAN 3 0 2014 1 UCR: EG34 Gateway Mall East - 10- . origin al Submittal---1321.027.001 I' • • • • • AT&T to provide and install (1)4"Schedule 40 PVC Conduit with(1) 1-114" innerduct,trace wire and • pulltape in a 36"below grade trench. • • n.- .— AT&T to provide and install(3)3" Schedule 40 PVC Conduits with pulltape in a 36"below grade trench.One conduit will contain(3) Power&telco #3/0 copper conductors. conduits in a joint trench must maintain a 17 separation at all times. Date Received: JAN 302014 UCR: EG34 Gateway Mall East - 11 - 1321.027.001 Original Submittal • AT&T to provide and install(1)7'Schedule • 40 PVC Conduit with AT&T to provide and _ pulltape in a 36" install new H-Frame below grade trench. with(3)2004 Meterbase and a ti NEMA 3R Hoffman Enclosure. • - Future Fiber/Ethernet Demarcation Enclosure AT&T to sweep each of the 3"Schedule AT&T to provide and install(3)3" 40 PVC Conduits up into a meterbase. Schedule 40 PVC Conduits with Sweep to have a minimum 36"radius. pulltape in a 36"below grade • AT&T's conduit will need to contain(3) trench. One conduit will contain 3 AT&T to install a #3/0 copper conductors. #310 copper conductors,contain(3) " 17'X1 7'X9" - COPpe weatherproof .tJ junction box. Junction box to be 111111-- I mounted over — — — — existing wall penetration into AT&T shelter. AT&T to AT&T to provide and AT&T to provide and provide and install(1)4"Schedule 40 install(1)2'Schedule install 3048 PVC Conduit with(1)1- 40 PVC Conduit with handhole 1/4"innerduct,trace wire pulltape in a 36"below and pulltape in a 36"below grade trench_ grade trench. Power&telco conduits in a joint trench must maintain a 12"separation at all times. Date Received: JAN 302014 UCR: EG34 Gateway Mall East - 12 - U Original Submittal 1321.027.001 • 0 Exhibit #8-Photo Simulations and Map Date Received: JAN 302014 /i Original inal Submittal • 0 r'1, :4, ' 3 J r.' _- — _„ t a- - North irtLir • iiii 1 ,_ _ ,.... .„ ,,. _ II --ii; _ 114g0 . 7. ____. .11 . I ri, ii- - • _ • -9 - ' ;,..*'..1.4?-,k. ai • -3 ■ i r Eas 40 cture Ilk - . -ice. .:_ In • _ "�• In I. South F`1 .� r LI _ U1 11 w , .( i;. IN. r -- f.,; COO L. earth EG34 GATEWAY MALL EAST......._ v �or�=_ at&t � CORNERS PICTURE LOCATION MAP Date Received: JAN 3 0 2014 Original Submittal 4 ! • r %.;-- V .. �� CORNERS-TONE EG34 GATEWAY MAL��e�eivec `� at&t EXISTING NORTH ELEVA JAN 302014 Original S ubmittai__=_ _ __ • • i. . +. O V ; i 4. - l.1 C �oz�,�� ,�o�,� EG34 GATEWAY MALL EAST PROPOSED NORTH ELEVATIODate Recei JAN 302014 n Original Submittal • • ti i r4, F. w M �ir �C ....osroNE EG34 GATEWAY MALL EAST ta at&t EXISTING SOUTH ELEVATION Date JAN 302011 Original Subm ittal • S $: I •t' -' T y • co r-J s1r rjE EG34 GATEWAY MALL EAST PROPOSED SOUTH ELEVA a RQceWV� at&t JAN 302014 Original Submittai- • S o f '$• " ■ te, am .c _;.7�:�+�.w Eco N. TOE,■ EG34 GATEWAY MALL EAST at&t �• ". EXISTING EAST ELEVATION Date Received: JAN 302014 Original Submittal___ _ • • H • F - 1 i1 r el I z d '-.0°"` .41} r , I. EG34 GATEWAY MALL EAST at&t PROPOSED EAST ELEVATION Date Received: JAN 3 0 2014 Original Submittal__ 0 !y. :-1t3 EG34 GATEWAY MALL EAST, at&t EXISTING WEST ELEVATION Date Received JAN 302014 Original Submittal /' 0 S , TI+ t r e • y - i _ _ • ' w CORNERSTONE EG34 GATEWAY MALL EAST ecerVe PROPOSED WEST ELEVATION �✓ d JAN 302014 original Submittal r' Exhibit #9-Copy of Deed and Title Report Date Received: JAN 302014 Original Submittal_ Ffrsm 7191-1197018TM Alter Rect- Return To • tA - - .• 1703220002603/0188522 Pim American Title • i, PO Box 10146 " /RECORDATION REOUEtFE3.6997440 Umpqua Bank 11 a Lane County Commercial Loan Center CIO Loan Support Services PO Box 1580 /Division of Chief Deputy Clerk \ Roseburg,OR 97470 Lane County Deeds and Records 1008008-nit fee 5U WHEN RECORDED MAIL TO: IIIIIIIIIIIIIIIIII)illlilllilllllllllllll UIIll $66,00 Umpqua Bank R BOX 1580 00991626200800229660090095 Roseburg.OR 9747D 04/22/2008 11:16:44 AN SEND TAX NOTICES TO: RPR—DTR Cntc1 Stn-6 CASHIER 07 TAJ Enterprises,Inc. $45.00 $10.00 $11.00 4242 Commerce ... . ... Eugene,OR 97402 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY • DEED OF TRUST THIS DEED OF TRUST is dated April 8, 2008, among TAJ Enterprises, Inc., an Oregon Corporation ("Grantor"); Umpqua Bank, whose address is Lane County Commercial Loan Center, C/O Loan Support Services, PO Box 1580, Roseburg, OR 97470 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Insurance Company, whose address is 1700 NW Garden Valley Blvd Suite 204 / PO Box 1325, Roseburg, OR 97470 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, represented In the Note dated April 8, 2008, in the original principal amount of 41,695.500.00. from Grantor to Lender. Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to•the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights(; and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Lane County, State of Oregon: • Parcel 1, Land Partition Plat No. 95-P0692, Lane County Official Records, in Lane County, Oregon. The Real Property or its address is commonly known as 2728 Pheasant Blvd., Springfield, OR 97477. The Real Property tax identification number is 0188522. • CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon,of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of lin)43 ions, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. (Initial Here � I % .4 Grantor presently assigns to Lender also known as Benefit ry in this Deed of Trust)all of Grantor's right,title,and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST,INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS.AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust,and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: • Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment,disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has Date Received: Description: Lane,OR Document — Year.DocID 2008.22566 Page: 1 of 9 JAN 3 0 2014 Order: 1234 Comment: - - - Original Submittal • 'DEED OF TRUST Loan No: 68835569 (Continued) Page 2 been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, Ibl any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters;and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture,store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests,at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance,Waste. Grantor shall not cause,conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove,or grant to any other party the right to remove, any timber, minerals(including oil and gas),coal, clay,scoria,soil,gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's • sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender,to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. 'DUE ON SALE-CONSENT BY LENDER. Lender may,at Lender's option,declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer'means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years,lease-option contract, or by sale, assignment,or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation,partnership or limited liability company,transfer also includes any change in ownership of more than twenty-five percent(25%)of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However,this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Oregon law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided • in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen(15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender,deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and permissible fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15)days before any work is commenced,any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lion could be asserted on account of the work, services, or materials and the cost exceeds $25,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. Date Received: Description: Lane,OR Document — Year.DocID 2008.22566 Page: 2 of 9 Order: 1230 Comment: - JAN 3 0 2014 Original Submittal • • 'DEED OF TRUST Loan No: 68835569 (Continued) Page 3 PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard,business interruption, and boiler insurance,as Lender may reasonably require. Policies shall be written in form,amounts,coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10)days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $1,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen(15)days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the • proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust. then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness,such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or IC) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a)Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy,title report,or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b)Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above,Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to Date Received: Description: Lane,OR Document — Year.Doc1D 2008.22566 Page: 3 of 9 _ __ JAN 3 0 2014 Order: 123E Comment: --- --- Original Submittal f" 'DEED OF TRUST Loan No: 68835569 • (Continued) Page 4 the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys'fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by•Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: 11) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (21 a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 13) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and 14) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust,this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either 11) pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records,Lender may,at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three 131 days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained leach as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled,or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate,any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender,be necessary or desirable in order to effectuate,complete, perfect, continue, or preserve 11) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and 12) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes. Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion,to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor.under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. EVENTS OF DEFAULT. Each of the following, at Lender's option,shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenantor condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term,obligation,covenant or condition contained in this Deed of Trust,the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. False Statements. Any warranty. representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. • Date Received: Description: Lane,OR Document — Year.DocID 2008.22566 Page: 4 of 9 JAN. 3 0 2014 Order: 1234 Comment: -- Original Submittal__ • 'DEED OF TRUST Loan No: 68835569 (Continued) Page 5 Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property,any assignment for the benefit of creditors,any type of creditor workout,or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of,or liability under,any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default,other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve 112) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen (15) days; or (21 if the cure requires more than fifteen 115) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness, Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the•right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. If this Deed of Trust is foreclosed by judicial foreclosure, Lender will be entitled to a judgment which will provide that if the foreclosure sale proceeds are insufficient to satisfy the judgment, execution may issue for the amount of the unpaid balance of the judgment. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the.right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made,whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. • Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the • purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least fifteen 1151 days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sate of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. • In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Date Received: Description: Lana,OR Document — Year.DocID 2009.22566 Page: 5 of 9 Order: 1234 Comment: •• • . - JAN 3 0 2014 Original Submittal DEED OF TRUST Loan No: 68835569 (Continued) Page 6 Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court'may adjudge reasonable. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports,and appraisal fees, title insurance, and fees for the Trustee,to the extent permitted by applicable law. Grantor also will pay any court costs,in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: la) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b)join in granting any easement or creating any restriction on the Real Property; and (c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender,or Trustee shall be a party,unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above,with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Lane County, State of Oregon. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution, NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes,Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. ATTORNEY FEES AND EXPENSES. The undersigned agrees to pay on demand all of Lender's costs and expenses, including Lender's attorney fees and legal expenses, incurred in connection with enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement.Lender may also use attorneys who are salaried employees of Lender to enforce this Agreement.The undersigned shall pay all costs and expenses of all such enforcement. In the event arbitration, suit, action or other legal proceeding is brought to interpret or enforce this Agreement, the undersigned agrees to pay all additional sums as the arbitrator or court may adjudge reasonable as Lender's costs, disbursements, and attorney fees at hearing, trial, and on any and all appeals. As used in this paragraph 'Agreement' means the loan agreement, promissory note,guaranty,security agreement,or other agreement, document, or instrument in which this paragraph is found, even if this document is also described by another name. Whether or not an arbitration or court action is filed, all reasonable attorney fees and expenses Lender incurs in protecting its interests and/or enforcing this Agreement shall become part of the Indebtedness evidenced or secured by this Agreement, shall bear interest at the highest applicable rate under the promissory note or credit agreement, and shall be paid to Lender by the other party or parties signing this Agreement on demand. The attorney fees and expenses covered by this paragraph include without limitation all of Lender's attorney fees (including the fees charged by Lender's in-house attorneys, calculated at hourly rates charged by attorneys in private practice with comparable skill and experience), Lender's fees and expenses for bankruptcy proceedings (including efforts to modify, vacate, or obtain relief from any automatic stay), fees and expenses for Lender's post-judgment collection activities. Lender's cost of searching lien records, searching public record databases, on-line computer legal research, title reports, surveyor reports, appraisal reports, collateral inspection reports,title insurance,and bonds issued to protect Lender's collateral,all to the fullest extent allowed by law. WAIVE JURY. At) parties hereby waive the right to any jury trial in any action, proceeding or counterclaim brought by any party against any other party. APPRAISAL. If at any time during the term of this Deed of Trust the Lender, in the reasonable exercise of its judgment, determines that it is likely that there has been a material adverse change in the value of the Real Property, Lender may obtain. at Borrower's expense, an appraisal of the Real Property prepared by an appraiser satisfactory to Lender and in a form and substance satisfactory to Lender. VENUE. The loan transaction that is evidenced by this Agreement has been applied for, considered, approved and made in the State of Oregon. If there is a lawsuit relating to this Agreement, the undersigned shall, at Lender's request, submit to the jurisdiction of the courts of Lane, Douglas or Washington County, Oregon, as selected by Lender, in its sole discretion,except and only to the extent of procedural matters related to Lender's perfection and enforcement of its rights and remedies against the collateral for the loan, if the law requires that such a suit be • brought in another jurisdiction. As used in this paragraph, the term 'Agreement' means the promissory note, guaranty,security agreement or other agreement, document or instrument in which this paragraph is found, even if this document is described by another name, as well. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties . as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in Date Received: Description: Lane,OR Document — Year.DocID 2008.22566 Page: 6 of 9 JAN 0 2014 Order: 1234 Comment: Original Submittal 6 • 'DEED OF TRUST Loan No: 68835569 (Continued) Page 7 • writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Arbitration. Grantor and Lender agree that all disputes,claims and controversies between them whether individual,joint.or class in nature. arising from this Deed of Trust or otherwise,including without limitation contract and tort disputes,shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration-agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order: foreclosing by notice and sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes,claims,or controversies concerning the lawfulness or reasonableness of any act,or exercise of any right,concerning any Property,including any claim to rescind,reform,or otherwise modify any agreement relating to the Property, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Deed of Trust shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations,estoppel,waiver,lathes,and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction,interpretation,and enforcement of this arbitration provision. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity. without the written consent of Lender. Goveming Law. This Deed of Trust will be governed by federal law applicable to Lender and,to the extent not preempted by federal law, the laws of the State of Oregon without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Oregon. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid,or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon as to all Indebtedness secured by this Deed of Trust. Commercial Deed of Trust. Grantor agrees with Lender that this Deed of Trust is a commercial deed of trust and that Grantor will not change the use of the Property without Lender's prior written consent. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural,and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word 'Beneficiary' means Umpqua Bank, and its successors and assigns. Borrower. The word 'Borrower' means TAJ Enterprises, Inc. and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words'Deed of Trust' mean this Deed of Trust among Grantor, Lender,and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word 'Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499("SARA"), the Hazardous Materiels Transportation Act,49 U.S.C.Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or Date Received: Description: Lane,OR Document - Year.DocID 2008.22566 Page: 7 of 9 ' JAN 3 0 2014 Order: 1234 Comment: - -- -- Original Submittal-1±H 'DEED OF TRUST Loan No: 68835569 (Continued) Page 8 regulations adopted pursuant thereto or intended to protect human health or the environment. Event of Default. The words 'Event of Default' mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. • Grantor. The word 'Grantor" means TAJ Enterprises, Inc.. Guarantor. The word 'Guarantor' means any guarantor,surety,or accommodation party of any or all of the Indebtedness. Guaranty. The word 'Guaranty' means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words 'Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances' are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term 'Hazardous Substances' also includes, without limitation, petroleum, including crude oil and any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property,facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Lender. The word 'Lender' means Umpqua Bank, its successors and assigns. Note. The word 'Note' means the promissory note dated April 8, 2008, in the original principal amount of 51,695,500.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is April 10, 2018. Personal Property. The words "Personal Property- mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums)from any sale or other disposition of the Property. Property. The word 'Property' means collectively the Real Property and the Personal Property. Real Property. The words 'Real Property'mean the real property,interests and rights,as further described in this Deed of Trust. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing,executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word 'Trustee' means First American Title Insurance Company, whose address is 1700 NW Garden Valley Blvd Suite 204/ PO Box 1325,Roseburg,OR 97470 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND GRANTOR AGREES TO ITS TERMS. GRANTOR: TA.)E 'PRISE INC. Terry P. Cu minga, President of TA.) En prises, Joa . Cummings, Secretary of T J E�arprises, Inc. Inc. VVV JULIE JACOBSON JULIE JACOBSON �r: NOTARY PUBLIC-ARIZONA NOTARY PUBLIC-ARIZONA crs I T, MARICOPA COUNTY � '� , r1 x MARICOPA COUNTY My Commission Expires Y My Commission Expires February 4,2011 OJO February 4,2011 • • Date Received: Description: Lane,OR Document — Year.DocID 2008.22566 Page: 8 of 9 JAN 302014 Order: 1234 Comment: - _ r Original Submittal • • •DEED OF TRUST Loan No: 68835569 (Continued) Page 9 CORPORATE ACKNOWLEDGMENT STATE OF /Q 21 a.O h)f( I 1• 7i{ G AR ANA M I SS .+ ::. N@ yy� .5.• AGOU:i e_, COUNTY OF Ma o-f C 0 Ptt 1 ej ion res G On this I 1 day of •APR/L , 20 0 , before me, the undersigned otary Public. personally appeared Terry P. Cummings, President of TAJ Enterprises, Inc., and known to me to be an authorized agent of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the corporation. [\ ,/� I �'/ BY (if"....Lx- Residing at /(01�-S f`- d 0. Ia�(t vct z T'1-at �. '(S Notary PdbRE in and fo 41i State of A k y_o A3/t) My commission expires Fit,1-LC c i is T � .2-0 / CORPORATE ACKNOWLEDGMENT • • STATE OF 41?-1 Z-.0 Ai� 1 • coAR�A COUNTY OF lYf fg(LA PM 1 I�h vim_ `)aSrf IniSS.4n�*9 r.� P:.:. On this to f L day of Ft PR(L , 20 b i , before me, the undersigned Notary Public, personally appeared Jon D. Cummings, Secretary of TAJ Enterprises, Inc.. and known to me to be an authorized agent of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the corporation. BY 1.,1-11. Residing at t(0 5.a SE t I✓d y (1.p� Notary P rc in and for State of 441 LO.&)fl My commission expires Re Inc u 7, y / c?e / REQUEST FOR FULL RECONVEYANCE ITo be used only when obligations have been paid in full) To: , Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed,upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute,to cancel the Note secured by this Deed of Trust(which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: • LASER PRO Lending, Ver. 5.39.00.008 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - OR D:\LPRO\CFI\LPL1G01.FC TR-40211 PR-62 DateNReceived. • Description: Lane,OR Document — Year.DocID 2008.22566 Page: 9 of 9 °A-- O 2U14 Order: 123E Comment: Original Submittal • • • ""•< First American Title Company of Oregon 2892 Crescent Avenue First American Eugene,OR 97408-7397 Phn-(541)484-2900 Fax-(877)783-9167 LANE COUNTY TITLE UNIT FAX(877)783-9167 Title Officer: Jan Anderson (541)484-2900 jananderson@firstam.com SUPPLEMENTAL LOT BOOK SERVICE Lexcom Development Order No.: 7199-2162546 617 8th AVE S January 02, 2014 Seattle, WA 98104 Attn: Danielle Page Phone No.: (206)369-6323 - Fax No.: • Email: danielle.page @lexcomcorp.com Re: Fee: $100.00 We have searched our Tract Indices as to the following described property: PARCEL 1, LAND PARTITION PLAT NO. 95-P0692, LANE COUNTY OFFICIAL RECORDS, IN LANE COUNTY, OREGON. and as of December 27, 2013 at 8:00 a.m. We find that the last deed of record runs to TAJ Enterprises, Inc., an Oregon Corporation We find the following apparent encumbrances within ten (10)years prior to the effective date hereof: 1. City liens, if any, of the City of Springfield. Note: There are no liens as of 12-27-2013. All outstanding utility and user fees are not liens and therefore are excluded from coverage. 2. Easements, restrictions and/or notes as shown on plat. 3. Overhead power line along the west line as disclosed by that survey by James F. Udell Engineering &Surveying, dated April 19, 1994 Date Received: Fist Am rimnTitle JAN 3 0 2014 Original Submittal IP • Lot Book service Guarantee No.:7199-2162546 Page 2 of 3 4. Easement, including terms and provisions contained therein: Recording Information: October 12, 1994 in Reel 2001R, Reception No. 94-72937 In Favor of: City of Springfield, a municipal corporation For: sanitary sewer 5. Improvement Agreement and the terms and conditions thereof: Between: City of Springfield And: Glenn M. Kotara and Robert G. Hoag Recording Information: June 29, 1995 in Reel 2075, Reception No. 95-35512 6. Improvement Agreement, including terms and provisions thereof. Recorded: October 30, 1998, Reception No. 98-86951 • 7. City of Springfield Improvement Agreement and Application for Sewer Hookup, including terms and provisions thereof. Recorded: February 19, 1999 in Reel 2518, Reception No. 99-015668 8. System Development Charge Agreement for Deferral, including terms and provisions thereof. Recorded: February 19, 1999 in Reel 2518, Reception No. 99-015670 9. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: TAI Enterprises, Inc., an Oregon Corporation Grantee/Beneficiary: Umpqua Bank Trustee: First American Title Insurance Company Amount: $1,695,500.00 Recorded: April 22, 2008 Recording Information: 2008-022566 10. Assignment of leases and/or rents and the terms and conditions thereof: Assignor: TAI Enterprises, Inc., an Oregon Corporation Assignee: Umpqua Bank Recorded: April 22, 2008 Recording Information: 2008-022567 11. Financing Statement, indicating a Security Agreement Debtor: TM Enterprises, Inc., an Oregon Corporation Secured Party: Umpqua Bank Recorded: April 22, 2008 Recording Information: 2008-022568 12. Unrecorded leases or periodic tenancies, if any. We have also searched our General Index for Judgments and State and Federal Liens against the Grantee(s) named above and find: NONE Date Received: Hist American rue JAN 3 0 2014 Original Submittal • d Lot Book Service Guarantee No.:7199-2162546 Page 3 of 3 We find the following unpaid taxes: NONE THIS IS NOT a title report since no examination has been made of the title to the above described property. Our search for apparent encumbrances was limited to our Tract Indices, and therefore above listings do not include additional matters which might have been disclosed by an examination of the record title. We assume no liability in connection with this Lot Book Service and will not be responsible for errors or omissions therein. The charge for this service will not include supplemental reports, rechecks or other services. • Date Received: first American rde JAN 3 0 2014 Original Submittal,_ __^ . • • P M E q • • `PSZ /c4 N i'j. - First American Title i ` 600 Country Club Road,Eugene,OR 97401 Phone:(541)484-2900 Fax:(877)783-9167 Email:cs.eugene.or @firstam.com Web:http://local.frstam.com/title-orllane/ • 1 V LL L - 0 I` 4r0 0 000000c lir 11 ` 0 0 000000 00000000000 *) O � � �, ,r 299 "Iv ••• __ _ it ( O=J ' r5i- �cr a 569.5693W 674' 156 r 2601 -a ee i• 1 9: A f 3 18 AC m m OOa jm.. .A .q 6 PCL 1 Q1 '[I t ' 1 l• � 6... 3 N ]. w > 2701 1 �.'_ 9•.1 F 57 71 g Z S38407 PCL 1 1,. h w -le- s•.Fi^E .7 l ; 17032243 2603 _ , ,' , .:s 302AC* ' Er 17'767 11 67 ,�g0 2711 _• �;` �o$' N 2712 2204 ti PCL 1 0824C ' o' '_ ° tip3 VV'ST s_20 PCLlPCL2 PCL2 088 AC •a•• :a_r T.c - , 'tI - 541035 0 '; 7 7i. H 113.2. IPp, 2606 2694 H 04i Ar:1, 2 4• , SEE MAP B9.51]5•E ,_?e (/ 2605 PcL z `' \ 2 3 A� 5695949 NN CL ` . 2710 17032243S001 4 PCL 1 lasos 1 94 AC w m P=L 1 N �P • 00 I c, _ co ' m2702; '- 1.53 AC 2� I R, nA 66 ,.1-121!, „ m';1. .709 5 36695 q \ O�.� J003 ^ PCL 2° '1PCL 3 ° ' PdgF P\\$ l'e .5 AC — 2249. , , 10. J��o.. I iq (�4, 3 0. r 4 . 9' ° 2703 PCL 1 +' 0 0 0 0 1 F i r! _ 1'l i 1 - . , D 2 75 a tt ►810. .... ..._ 2607 270, 271 ' 0.73 AC 042 'C 053 ' C it t SEE MAP ft, rft,,,•,VW,..:` RAe-ttrd 'ittu,s,1 A A r• n Map # : 17 03 22 00 02603 000 Date Received: COMPLIMENTS OF FIRST AMERICAN TITLE LANE COUNTY OREGON. JAN 3 0 2014 THIS MAP IS NOT A SURVEY THEREFORE WE ASSUME NO LIABILITY FOR INACCURACIES Original Submittal ni iiik I- •ta; to L• 9472931 EASEMENT . TIES INDENTE MADE and entered into thiscw/da IRt y of &WW 19�7by and between •• GLENN M.KOTARA.hereinafter referred to as the Grantors,and CI OP SPRINGFIELD,a municipal . caryeraion,in Lane County,huebrafta referred was the Grantee. , • • WITNESSEIH: In consideration of the acceptance by Grantee and lie use«balding of said easanent for present ' . or Inure public use by Grantee.Groans heieby pant,bagain,sell,and convey with de Grantee,a perpetual easement 20 feet In width.together with the right to go upon sold easement area hereinafter described for the pwµai of cofauiiac tee,g..-,.:4r�a�.aEn3...-:.._..in&,and using=_ti=7 rises wliicn may h•n•l• In installed . • on the following described pcoputy,to-wit: • Beginning an a point on the West line of that real gropny described as . • Panel I in Instrument Number 9323552.Reel IS4AR.tare County,Oregon, • • • • Dud Records. 241 feet South of the Northwest corner: thence South i : • 89°51'74'West.571.70 feet thence South 20 feet along the East line of raid I. • pmpny.thence Noon 89'5I'24'East,to the West eve of said p-opesi;dim= • Nut. 10 feet elan the Vex line of said proptrc/ to the L^tt prim!N . : beginning(see Attachment A). sesf0CT.l2'94A06REC 10.00 ran T. 2'94g06PFIAD 10.00 TO HAVE AND TO HOLD the above eaumut to the said Grantee,its heirs and assiARftaever. • IN ADDITION T Eft TO,the O_,;;e..s de herby give net rent unlit the City of Springfield a convection mot Mt of 35 feet in width alalg and abutting to South side and for the full Length of the afo a optioned and . , described perpetual easement for the purpose of giving a work area during the construction of a sanitary sewer within the perpetual easement. 1 lee a°.9,:nip,1u,1I1-„t,.,.t e.,....,N,nuo:..:a>,ta e„u d,.:W,;Gt.•d Cv..,.. ..:,:...::,i_:::::.::::e.' assigns,daring the construction of the sanitary stew«. Upon the construction of de sanitary sewer and its ' acceptance for use,the construction easement Weir named shell l become void. • IN :TTIESS WHEREOF,the Grantors shove ne,neit Aver.hntmin set then rands art seals wrda y of _.19,f.F'. • • (SEAL) (SEAL) (SEAL) — (SEAL) - - - STATE OF OREGON. ) • COLiTY O time 1 BE IT REMEMBERED.that on this yp day of __..19.L b.fwc nit,the urdolgred,a Nan' Public in and for said County and Stave.personally award the within named Clan M. Rotate known to mi be the identical indi,iduaf described in and who executed the within nnuauleot and atbo.Ic.i d - IN i .0 ...u...,.:°.I�.�...-_._._.. r tows tad Hilted my nff::n1 vat the Ali and Yr�.nn tai u.iv". .. 1 OFFICIK(1FK I Mt�a paMaM�} _ gdfARf NBLIC ORwEC5i9_ \® COMMISSION rti i3.sA` ...' NoaiY Public f«OrcBcr WNW Dar ��� `• ����- .. My Commission Expire. Y if 97 ! RETURN TO: • CITY OF SPRINGFIELD PUBLIC WORKS DEPT.225 FIFTH STREET SPRINGFIELD.OREGON • • CV0E24o93WY5 • /7 03 2t co O26OZ • E Z95(0 I- It. • • • LI Date Received: L . JAN 302 Description: Lane,OR Document - Year.DocID 1994.72937 Page: 1 of 3__ _ - _ Original Submittal_ Order: 1234 Comment: • I i C, - 34'rL9s 7 ATTACHMENT A 574.00' N r— _I- 1 oo STORAGE UNIT AR A ;,� it yL. 2601 ci 1`+ 20' PERMANENT cN NTS EASEMENT -- --• /9:7/////.x//i,/(%/%%��u��uu�u�u/uou��uui ' \35' TEMPORARY CONSTRUCTION EASEMENT • - 244:1— ;. ...:. —HIJ I 1- 1 Z LL. W R T.L.-2C 1 I i i L ____ 1 ri/i"L 0 U I'OA i i ; f ' s. EASEMENT MAP Y; - GLENN M. KOTARA PROPERTY j !. . ii 0,22 00 0240 3 .1 WU EZq GCo '. s i -. . F ' Date Receive d: L ,' + JAN 302014 Description: Lane,OR Document - Year.DocID 1994. 72937 Page: 2 of 3 Oriainal Submittal Order: 1234 Comment: • • • ssassiz !°.:E,JYEMENT AGREEMENT , IN COSS10EFlTION of the covenants hereingdtitcd!, tthe City of Springfield, hereinafter referred to as City, and Glean M. Rotary and Robert C. Foam , hereinafter . referred to as Applicant, do covenant end agree as fellow: --. WHEREAS Applicant desires Development Approval from City; and • WHEREAS, any future development within City or within City's Urban Growth Boundary located t ` in lane Countf will cause both an immediate and long-term demand on the various public • -_i facilities of City and Lane County; . , , NOW THEREFORE, Applicant and City agree to the following schedule of public facility j Improvements and respective cost assumption policy: STREET IMPROVEMENTS along the frontage of Pheasant Boulevard j to Include: ( ) surface paving; ( ) storm sewers; ( ) sanitary sewers; ( ) curbs; i ( ) gutters; ( ) planter strips; ( ) street trees; ( ) street lights; (x) sidewalks. .. i TRAFFIC 5! ,k!5 at the int.....t!en of '1- OTHER IMPROVEMENTS - i - i i LEGAL DESCRIPTION: (Place here or see Attachment A) f es&l5U.29'95#O6REC 5. ' esga;aN.29'9`49:Ft-an an_.. I: . . . . • 1• • Parcels I and 3, Land Partition Plat No. 95-11)151.F , as platted and I - 1.-1-' _ recorded in the Lane County Oregon Partition Records,,Iane County, Oregon. -a • alliIONAI INFORMATION: 17-03-22 2602 .l Property Address Tax Lot No. . .! !t It ,WKMTW . - --- '<'-:.. . 4 . City. IT IS FURTHER UNOERSTOCO that Applicant agrees to sign any and all waivers, petitions, 7 }, consents and all other documents necessary to obtain the above listed Improvements under any improvement act or proceeding of the State of Oregon,'Lane County, or City as maybe proposed i :. ar adopted by the State of Oregon, Lana County or City and to waive all right to remonstrate ' against such improvements, but not the right to protest the amount or manner of-spreading the 1 • assessment thereof, if the same shall appear to Applicant to bear inequitably dr unfairly f upon said property of Applicant; • NOW THEREFORE, City agrees that Applicant's execution and performance of the terms of this i• Agreement • eequt ements11and deemed f Applicant complies compliance every respect with with policy pertaining othe aplicablelaws of . ,.ii the State of Oregon, Lane County and City, the said Applicant shall be entitled to F_ 1 . Development Approval; and . 1 IN ADDITION, it is the intention of the parties hereto that lie covenants herein contained 1 shill run with the land herein described, and shall be binding upon the heirs, executers„-,- 1 assigns, administrators, and successors of the parties hereto, and shall be construed to be 1- ... a benefit and a burden upon the properly herein described. This Agreement shall be recorded in the Lane County Deed Records. - • WHEREFORE, the parties have set their hand and seal thisc7,5 7A•4"4"-day 7A•4"4"- , i5 jff !:. k , By 1ehorof C�,,rwr>r BY p——& • Oirddddddtor a Public works AP i / t. • STATE OF OREGON ) 8y A✓... /// ' . it. - )SSD fontk, _ • COUNIT OF LAME ) ^r' . `> On this lday of 'SUM , 19 there personally appeared before me and 4`:- - - - Si-i, u t,C iwte d'-uwenL. k A- -,...1.;,,,.-. NOTARY PUBLIC cau�xaaamom •aanxnwar� - My Comisstom Expires ffYa98 wy El:MUMLI9N e Received: RETURN TO: CITY Of SPRINGFIELD - PUBLIC VORICS DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON 91417 .IAN 3 0 2014 L Original ubmittal_ Description: Lane,OR Document - Year.DocID 1995.35512 Page: 1 of 2 —- -- .-..._ _ _-.. ._ - . Order: 1234 Comment: 9i,1 • • IMPROVEMENT AGREEMENT i (;n Lieu of tmmedh!e Castro tirt of Public Improvement;in:!u.+.es Waver of Rght to RemcaS?•e) • I0 NCONSID TIF dl a ikvi nm:ited,theCityof Springfield,hereinaftereferrdto as r0 City,end(: .,>r"�ft' 7n.,4. j.k 72,7( •:*'t,e'i3..'/l.e •he :milker I everted to as Appaiangs),do covenant red agree wan respect to me reel property described below as • follows !. Applicant(s)warrants and represents to the City of Springfield that it is the owner of the property more particularly described and set forth in Paragraph 7 below and,as owner,has the authority to enter into th4 Improvement Agreement with the City pf Springfield. 2. Applicant(s)desires Developpient A/�pppr`�ro�val from the City with respem to the following - DevelopmentAppliation Cr? Pim IQ t,Ply la eif'.gt./3G I • t 3. he development will cause both an immediate and long-term demand on the various public facilities of City and Lane Cowry including the specife public improvements nesesilated by the . i developmedasset forth in paragraph d. . -_ i 4. This Improvement Ammment's an alterative to imnoeine a condition on Applicant's --- 1 developmee approval that the Applicant make inmediste constriction of anypeblic improvement that .� the development necessitates.The objective is to promote efficiency.coordination,and spread costs by I priming as opportunity tot e aunt wpm rmpovereeot malNmwn where cmmn¢tiw boas in a • i raadineted ea with the participation fit and other pcpj pert paten properties in the area,instead of requiting isemedie[e improvement in conjunction with eami development application.These is no - t guarantee, tree such a coordinated projeM will be possible and the City raves the right to t an:.prnate Wr,.,of the i,.,.rw..-runt.;.a ,t..City A....4.. a i i S. (a) Applicant and city ages that Applicant roll pay the cat of the following public facility l improvements deseaed in Paragraph 5 in accordance with respective cast assumption policy established '. by City at the time the City determines to underake and complete such public improvement. (b) Applicant and city Lis:wi'dge and agree that the cost of such impiovemeass and the portion thereof as be paid by Applicant are presently unknown and may be greater that the mists that would be apportioned if the hnaove m:ns wvecnn"acted i mmediatelyor byApplicant now o!ata. ■ . . i (c) AR:9cet ackncwldges that thetimng of the construction of such unprovanai k . within the sole and exclusive direction of daCity. • 6. (a) SITIDIPROVEMFNTS along the frontage of . RFE . to include: ( )surface paving; a sewn;( )storm s ( }sanitary seven; ( )arts ( )gwms 7 )planter snips; ( )were trees, ( )street titb!c ( )e!dwiR._ (b) TRAFFIC.SIGNALS at the intersection of,%41%nr /516-1 t/ilt/Nw,4a • • • (e) OTHER IMPROVEMENTS r� ..7 " i.v • — „ Apphant acknowledges That the list of matted improvements reflect those that wood masonry he • required ender the emendate elate City coda and ordi.ances. Applicant aetanleige.l hat it understands that the improvements mark will be tom required:o bring to stree to fall urhrn et.ntud.!,.d,•a.. - current fuadional classification of the scree as those stanch d%exist C the time the apewemeus sue made and may,therefore,rEffm NM'the!s of tic.:-cs meted bee 7. LEGAL, / n�?,ffcaL 1, Lao a2P)ret'R4rick9S...V,A.°2r - au/./O.a• - " v.nnt tiTiCt4L M01—)C ID ate::4rr s‘ ' a — —, " —oeeyw' f t ! f AKA 1703-acct ThA:2413 , : Property Address Tax Lot N.. - N`+ CI.]0'9BD4ig 10 RE7nw7u . - all Of SPADGFhD-PUBLIC PAWLS U F .IL FIFTH STRUT:S �I3 ! la - .: ___ . D- a_t ;Received: x.- f i P -- - 71 - ;; I ' 3 0 2014 -mss —._L.... _ s a: Original Submittal Description: Lane,OR Document — Year.DocID 1998.86951 Page: 1 of 3 Order: 1234 Comment: - , ., 'a" • 2 4 7 J • Ir 11SS6.1,,1 - f. This ag;eemect is enfcr:eable by the Sate of Oregon,Lane County or City,• • 9,, APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS.PFTITOIE,m.;S_:;S AN ALL 011 ER LCCL'riE:WI s NECESSARY TO OBTAIN IHE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACTOR PROCEEDING OF TIE STATE OF OREGON,LANE COUNTY,OR CITY AND TO WAIVE ALL RIGHT TO REMONSTRATE.AG,A rNc?c,iru IMPROIEMENTS, Applicant does notwaive any right to protest the amount or manner of spreading • the assessment thereof,if the same shall sppet to the Applicant to bear inequisbRity or unfair upon said property of Applicant. Applicant's accep;a x of the nen-remonstrance<enclitics is in consideration.for the City's waiver of he requirement for the immediate construction of the public improvements that the development necessitates.This improvement agreement waives the property ma's right to file t written remonstration. It does not waive a property owner';right to comment on the Famed n;1rrl ee • •ny rent::G.am:r;4i i iy a in writing. 16. City agrees that Applicant's executiea and performance of the terms of the Agrecmat will be . deemed to be in compliance with City's policy peryining to improvement requitement;and if Applicant - complies in every respect with III other appli:able laws of the State of Oregon,Lane County,and City, - Applicant shall be entitled to Development Approval,subject to the tams and conditions of approval set I firth therein. . II. his the intention of patios lvSnn:I,.a x,.^^•r�::.•s 5;:_i- s ,admire d sheii run with the ots .. ..-_ .1 herein described,and aeu b.c�icg;pm de ikn;executors,assign;admioiRretors,and successors . of the parties hereto,and shall be construed in be a benefit and a hunt......n.a,..—...‘..-__,. �-w -.Lrtsi°ementsnul oe recorded in the Lane CouaAr Dead Records ___ RE,the pasties have set their hand this H-°dav of (5C___,19_LE. E i n n ■ i Y (J Applicant ifiLA--. a.t` • STATE f'1'ARSi.B}F-; /x.ln4.� i )n_• County ofl_ane ) Ora in� N 1_ —.._._. , • .� .r,.. .�.—..r�Y ,.19 YY hit.:.ry .w�_ say thymthe Etta and Sat .rupettis'elYofine m- nhb 'u who�0T swan did � . hereto is its w1,and that this deed was voluntarily andihettM see)cffixed h signed and sealed is authority of in Board of Directors Before me. �& 0�00� • I • n n i .• • • • Notary Public •, k rr My Commissioo,Eapi,-es.. -V°'f S4 By L1r. - lea .- ."_ i City ofSpringield Dan E.Brays- ofPubEc Was • a Dingo:STATE OF OREGON ) : )ss. . .. Comfy otLame ) -" • • Or his Zfrn day o; (0/rcRFI before me Oar Brown•the Doaecro(Poblit Woks.to the Ci•• •_:".... of mtte pesaors:y appeared . • document y Spemgfieldaod signed tit above fl• -,. ,..,_ ebHi-mY601 Notary Public o \. / n�cease MyC®isiw oo cep RETURN la CITY OF SPRINGFIELD.PUBLIC WORKS DEPT.-22S FIFTH STREET•SPRINGFIELD-OR.•974t7 =? • ... . _ .- T — T. er . _. Received: 1.. 3 02014Q � Description: Lane,OR Document - Year.DocID 1998.86951 Page: 2-of 3 �1ri(�,iR�I $Ubflllft8��(/ Order: 1234 Content: I V J V .J L!� : v • • • uwv:;9:i1 1; . I 1 ITA I . - Stare of Oregon _- .� _}s. ? •r as 980ct3en aas ,:z 24798 t - . Is.Ceuy OffClL brows L Um CaM'Cct =r Es- CaagCN -_ —.. 1 . I r { Ste Received: AN 3 0 2014 ' .. .� �fc7�S.sv .a �: d�.��= 2_,...�tS .�'3.t,:.d:3'r +'' ' -j�'aup� a `�� Original Submittal Description: Lane,OR Document - Year.DoclD 1998.86951 Page: 3 of 3 Order: 1234 Comment: 2 1 9 - 9 9 • 412 5 1 8 99015668 CITY OF SPRINGFIELD IMPROPt IE,T AGREENII:\T AND APPLICATION FOR SEWER 110OKUP the undens:fined pr:lwrly owners.rcgGat perm»ion to connect the folio slog g descrbed properly the samtafy se:tel craned oat main:wined h°arc City of Springfield We therefore agree Ia pay a dirge of 50.2S no squat.•leot of the benefiting.propc ty for the Co: I SO!bet of depth es a deposit against!inure assessnxuts for sarttary•sewer.Area it,excess of the above mentioned 150 feel ordepth is charred 5O.!4 per square ion: Tax.Lot No.J2:Q}-_22.00-021in! Receipt No._ PROPLR7`.'DGSCRIM iON Addrcs 272,5 Pheasant Noulcs'!_rc 'I hal bract nf'and coin eyed by decd from Leary•I) Olson,grantor,to A) ENTERPRISES.INC.. an Oregon Corporation,cr antic,May 14. 1995 on Reel 2419R at Reception No.9S37220. Official It cc a es of sac County.0royal,being more cornaletely described as ti !loss Pare, I of land Part.tini Pint No 95.PU092,!sane Cot:n,y Official Records in Lane County, Orenann. Pte C:Ieuration: U Sq. fl.at 50.2E per Sy A S 000 :'lJih0 Sq Ft.at 50.14 per Sq.Ft — 5.3,025.40 Total 1 3,025.10 This ngre:rnent dots not include the cost of a hoLse connection lo said City Sewer. sewer user charges.connection Gel,plumbing permits or other seh costs to be assumed by the properly owner. Gm applicant agrees Io waive all right to ter.:unsLale against an improvement project for sanirary sewer to he duly imuateo by the City Council. but not the right to protest the amount er manner of spreadaig the asressincnt"hereof.:1 the came shall appear to Applicant to bear inequitably cu unfairly upon said property of A;)plrcam. NOW THEREFORE.the City agrees:hat if Applicant complies with the teams of this agmenrent and with all other applicable laws of:he State of Oregon,Lane County.and the City,the said Applicant shall he entitled to connect lice exiling residence to toe public sewer systems The covenants herein contained shall run with the land herein described.and shall be b:ndutg upon the heirs,executors, assigns,administrators,and successors of the panics hereto, and shall be construed to be a benefit and a burden upon due property herein described. This agreement shall be recorded in Inc Lan:County Deed Records. ` / HEItb FORE,the pane;have se:their hared and seal this 3 day of,f'?!A'r0//, l9 rj CITY OF SP INGER:I D APPLcCAN I Dan b.Drown • Director f Public Ilrmks ( ti7�^,itz3,ar//r„r. (/r,b 9Z4rE6.19'99hD7REC 5.0) STATE OF OREGON} saZf{EB.19'49N07PF0!lD Lye r)L I55 COUNTY air LANE) On Ibis ig,,dav ofF ygCaey, 1099,theappiicanl persartaily:rpl;eat ed b:lbte me.:nd signed ten:aholt diraunlctrt. / �1'� E �j/--oPplipa SEAL DENN1 _mayl ' P ERNST Notary Public for Oregon atr VOTARY PUBLC-OAEBDN I\c3/447 CONN65i�/r NO.062816 urrtreltatrwsaraama itty C'oan)issiun espircskae ip 2ooci Finance Deranmcat lnfornation: Trunk Sewer f aural Sewer RETCIRN T0: CITY OF SPRINGFIELD-PUBLIC WORKS DEPF•225 FIFTH STRL•EI-SPRINGplfil O,OREGON p 9'477 Date Received: _.. . . JAN 3 0 2014 Description: Lane,OR Document — Year.DocID 1999.15668 Page: 1 of 1 Original Submittal_ Order: 1234 Comment: 2 - 1 9 - 99 - 2518 ho 9015670 SYSTEM DEVELOPMENT CHARGE AGREEAIEN'T FOR DEFERRAL Tins executed Agreement is le be recorded a:Applicant's expense by the City of Spuaelirtd I..mt Coup;v Deeds and Records Office. PARTIES: City of Spnngfield,and Development Applicant:TA;_F.rreretises,lug, Dcveipprneui Pslect:Construction of new 12 50 suaare foot athlete club for Co1.F I Sf!ORTS at 2728 Pheasant Boulevard.Snmu`iel_;more particularly described as follows: Thal train of land conveyed hy deed from Larry D.Olson,grantor,to TAI ENTERPRISES. INC.,an Oregon Corporation.w'aantcr,May 14, 199,on Reel 2419R at Reception No.98372.0. Official Records of Lane County,Oregon.being inure completely described us follows. Parcel I of Ian •Pamtion flat No.95.P0692, Lane County Official Records in Lane Co drily. Oregon. RECITALS WHEREAS,the City of Sprutefieki,pursuant to Orcycn Revised Statures 223.297.et seq,"System Development Charges."has enacted an Ordinance,Sections 3.400,et seq.. "System Development Charges."of the Springfield Municipal Code;and \VHEICEAS,the purpose of the System Development Charge is to impose an equitable share of the public cost of'capita/improvement.upon the activity of development that creates the reed for or increases the demands on such capital improvements;and WHEREAS,Section 3.412(1)of the Springfield Municipal Code provides For the payment of a System Development Charge at the time of the issuance ofa building permit, approval of development application fir deveiopment not returning the issuance ofa building Nrmit,013 permit to connect CO inter,sanitary sewer,of storm sewer systems;and WHEREAS.Section 3.412(3)of the Springfield M.nacipal Code provides that the City Manager or the Manager's designee may require payment in full or that provision for payment satisfactory to the City has been made;and WHEREAS,Section 3.412(4)of the Springfield Municipal Code plovides that any Alter Recording Return to: Via B&Jrbarister's Aide. Inc. Harold& Leahy •' 2E6.l9'99N07REC 20.93 • ' 223 North"A"Street.Suite D §FEE.19'49g07F'ruuc I0.J0 Springfield,OR 97477 System neveloprnenl Charge Agreement for Deferral Pace I cf • Date Received: • JAN 302014 Description: Lane,OR Document — Year.DocID 1999.15670 Page: 1 of 4 Original Submittal_ Order: 1234 Continent: . 2 - 19 - 99 2518 99015670 provision for panned satisfactory:o the City which includes providing an obligation to pay the unpaid System Development Charge and inheres:thereon,shall be secured by properly,bond, deposits.lever ofcretin.deferred payment agreement,or other security acceptable to the City \tanager or the'Mae;ger':designee;and WHEREAS,City luuugh Rcsoiul ion Nu.93-25 has mtplemented e program providing for the opp-rtunity for Development Applicant to deft::System Development Charges:and \'iiI REAS.Det elopr:mul Applicant has requested deferral of the Sys:ern Development Charge for the at•ovr-relerenced development project in the manner hereinafter stated. NOW.THEREFOR F.City and Development Applicant agree that the S)steut Development Charge will be paid in accordance with the following temts and cond:uons: L DESCRIPTION OF PROIEC f:Cons:tyctirm of new 32 tl)rheuare fool athic=c club for COCHTSPOR'IS.at 272S Pheaa,u!llnulevard,Soriegficld 2. TOTAL SYSTEM DEVELOPMENT CHARGE: $ 1(IS 69a.51. 3. DPFERRED PAYMENT SCHEDULE:The System Development Charge specitied in Paragraph 2 shall be paid by the Development Applicant in accordance with the following schedule: ho The Development Applicant shall pay the sum of )0 000.00 at the time the City issues the iniC,J building permit,or if the developmcnt does not require.the issuaucc of a'building permit,then at the time the development is approved and in all events bcforc commenceracnt of the development. (b).1 he Development Applicant shall pay the sum of X28,(194.80 at the completion of construction as determined by One City. City w:11 notify Development App:icat that the payment is slue. Ic)In the event that Development Applicant Ibils to make the pa)mtent required by subparagraph(a),the City will not issue a Building Perm!or other approval as defined in Scetion 3.412 of the City Code. In the event Development Applicant fails to make die payment required by subparagraph CM,the City will not issue an occupancy approval. (J)Development Applicant shall have the rig:;l lu prepay the obligations sot forth in this contract in whole or in part at any time without penalty. 4. WAIVER:In consideration for the deferral of System Development Charge set forth in this agreement,Glee expressly waive any and all errors,irregularities or defects,jurisdictic.:ial or otherwise,:cgarding the System Development Charge,including specifically but not limited to errors.irregularities.or defects.if any,in the computation of or underlying methodology of the charge. System Development Cnarge Agreement for Werra: PBSe 2 of 4 • Date Received: • JAN 302014 • Description: Lane,OR Document — Year.DocID 1999.15670 Page: 2 of 4 Original Submittal Order: 1234 Comment: g • 2 . 1 9 - 9g 4 1 --- 2 5 1 8 18 99015670 5. DuRATIUN :his agrcment sha:l coM:nue in perpetuity. This ag•een:ertr is intended to and does at to and run with the land a fire red her sir. Thu jut cement is I:iudi ng on the undersigned Ucuetoprcent Applicant.?AlEircrorises Inc,and p,rs•:ns:tsserrs..a clan, •of right:0 the Ses:nbed development. It is the intent of the Ueve:opmcrn Applicant to et tau:a continu:ne obtitizuoc and cghl on the tart of then'se:ves and suisequen:owners of the sulnee:: :and. The fee is a personal ohl:gation of the owner nllhe land on which the development is made and of the owner•c heirs and assigns,w:th payment of part oral of the obligation.by any of them.rcductue the cbhemiaiu of the others by the ant won of the payment 6. MODIFICATION': Neither thy owners nor flair suede:curs lit,merest may rnoch y, withdraw Goat or dissolve thus agreement without the written approval of the City o:.Spnnglie.d. 7. LIEN: Dece:oputen;Applicant agrees that in the e■n:t that Uevr:opment Apt l:cnnt fails to pay the System Development Charge as required by the temis and condition.;or this agreement,City.ir.addi:ion to the oiler remedies specified herein,may place a lien in tire amount of the System Development Charge not paid in conformance with the defeat('payment schedule set earth in Paragraph No.3,as specified in this agreement,upon!I::teal properly Open which the pro:eet is conshueed,and that such lien may he foreclosed by the City of Sprngfield in aceeroance with the precccures sat forth in.Oregon Revised Statutes 227.505 et.sect. and Cry of Springfield lien foreclosure procedures as set forth in the Spr'anglicld Municipal Code. S. '1 he real ptop:rty on which Uevclop:nent Applicant wall construct :he project is more particularly described and set forth in Exhibit'•A",which is a legal description of the subject property and is attached no and pan of this agrccmcni. DATE:r/PefMf_. 3 /G,99 DEVELG'MEN TA P,L'CANT (Ly/7/7b: jky- am� / FOR:orrflpti] f!r�/r,,1 C/•) Stateof Oregon ) S.S. County el Lane ) On this rig') day of Fertroo',I. , 19 qtr ,before one personally appeared DA._J1Lce, ••■ whose identity is was proved to me an the basis of saus(uaury evidence and who by me duly sweat,did say that Nc _is the R.a<-,nags of the Caon,'.yi,;acs__Asevrc.e:.: C'•,vac _,and that said document wa s signed by .1-9,.,._ in behalf of said cot-potation by authority of its bylaws.and acknowledged in ntc that said corporation executed the sami4.1 I l ., • ,_., t7FNNISFERNBT NOTARY Nlal10•OPEtiON Nn;ary Public for Oregon O.c,� wt au'agtisru ',iiraaiaitio Mty'Corruniasion Expires ue4taa'jr %n '7,rou System.Deve;oa'nert Cnarge Agreement for Deferral Patio S of 4 Date Received: JAN 3 0 201,0 Original Submittal Description: Lane,OR Document — Year.DocID 1999.15670 Page: 3 of 4- _ _-' -- _--- Order: 1234 Comment: • S 2 - 9 - 9 9 2 5 1 8 • • 99015670 cy:7/91 cmc Dr ST:UM:WIELD by• 6 " fra,snteriu. • Sport:in Death-144mi di'ito.totrritis•ratoor Slate of Oregon ) S.S Lewd).id'Lane I ?ersidial,y appearcil gc,itj(Tfl Ut Vc(A_E. V.:10•beaux duly siodra,did say that hershe is the System Developmen:Chat gt•Adi ntsuator ailbe City of Spr:rig...tel&a tnanicipa: :corporation,and 0421 said;ash-tit:um•A as sittated ri bahalf of said • co:pornor,and acknoit itid,„csol said instrument to be its valudtary act and deed. -1 e.f.r2t DENINTII T /( _ Ar tti)s NOTARY°MC °MON Notary Public for icispn 4110mo.assomissiiigniu Commission Expires otizttp ,o.. State ol Oregon County of Lane— I in:C'•,,e-ey r and tee 1 arm:7 il.s .•16.n 1Litre:re,eaS.•CECIted fit c.c.ed at '99FE619 PM 2;20 2518R Lye Ce...tey FICIAL i4cnc Ii Cce,cy J12ewefilel.4‘LA)/ CleA System Devetarment Charce Agreement for Deferral Page.1 of • Date Received: JAN 3 0 2014 10: • Ii Original Submittal Description: Lane,OR Document — Year.DocID 1999.15670 Page: 4 of 4 Order: 1234 Comment: FirstAm 7191-I197018TM After fteeedieettim To S 1103220002603/0188522 First American Title iJ PO Box 10146 'RECORDATION REQU f!49• 97440 Umpqua Bank I1 Lane County Commercial Loan Center C/O Loan Support Services PO Box 1580 Division of Chief Deputy Clerk GODS-02P566 Roseburg,OR 97470 Lane County Deeds and Records WHUmpqua RECORDED MAIL TO: 1111111111111111111111111111111111111111111111111 $66.00 PD BOX 1580 00991626200800225660090095 M Roseburg,OR 97470 04/22/2008 11:16:44 AM • SEND TAX NOTICES • TO; RPR—DTR Cnt=1 Stn=6 CASHIER 07 TAJ Enterprises,Inc. $45.00 $10.00 $11.00 4242 Commerce - -- - Eugene, OR 97402 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated April 8, 2008, among TAJ Enterprises, Inc., an Oregon Corporation ("Grantor"): Umpqua Bank, whose address is Lane County Commercial Loan Center, C/O Loan Support,Services, PO Box 1580, Roseburg, OR 97470 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and First American Title Insurance Company, whose address is 1700 NW Garden Valley Blvd Suite 204 / PO Box 1325, Roseburg, OR 97470 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, represented in the Note dated April 8, 2008, in the original principal amount of $1,695,500.00, from Grantor to Lender, Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and • fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and'similar matters, (the "Real Property") located in Lane County, State of Oregon: Parcel 1, Land Partition Plat No. 95-P0692, Lane County Official Records, in Lane County, Oregon. The Real Property or its address is commonly known as 2728 Pheasant Blvd., Springfield, OR 97477. The Real Property tax identification number is 0188522. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of li ions, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. (Initial Here Grantor presently assigns to Lender (also known as Benefic ry in this Deed of Trust) all of Grantor's right, title,,and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS,AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (21 use, operate or manage the Property; and 13) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment,disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason..to believe-that there has Date Received: JAN 302014 Description: Lane,OR Document - Year.DocID 2008.22566 Page: 1 of 9 Order: 1234 Continent: Original Submittal • • • 'DEED OF TRUST Loan No: 68835569 (Continued) Page 2 been, except as previously disclosed to and acknowledged by Lender in writing, la) any breach or violation of any Environmental Laws, lb) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or lc) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (31 Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture,store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, end local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and 12) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE-CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three 131 years, lease-option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. If any Grantor is a corporation, partnership or limited liability company, transfer also includes any change in ownership of more than twenty-five percent(25%)of the voting stock, partnership interests or limited liability company interests, as the case may be, of such Grantor. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Oregon law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or materiel furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and permissible fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen 1151 days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials and the cost exceeds 625,000.00. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. Date Received: JAN302014 Description: Lane,OR Document — Year.DOCID 2008.22566 Page: 2 of 9 4� Order: 1234 Comment: °Tic inal Submittal • • 'DEED OF TRUST ' Loan No: 68835569 (Continued) Page 3 PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $1,000.00. Lender may make proof of loss if Grantor fails to do so within fifteen 115) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: 11) the name of the insurer; (2) the risks insured; 13) the amount of the policy; 14) the property insured, the then current replacement value of such property, and the manner of determining that value; and 15) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; IB) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either 11) the term of any applicable insurance policy; or (2) the remaining term of the Note; or IC) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY;DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and lb) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lehder may at its election require that all or any portion of the net proceeds of the award be applied to Date Received: • Description: Lane,OR Document — Year.DocID 2008.22566 Page: 3 of 9 JAN 3 0 2014 it y" Order: 1234 Comment: --- -_--- • 'DEED OF TRUST Loan No: 68835569 (Continued) Page 4 the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes. Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees,documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: 11) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; 13) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either 111 pays the tax before it becomes delinquent, or 12) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three 13)days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed.of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relating to further assurances and attorney-in-fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve 11) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney-in-fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor.under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law.- EVENTS OF DEFAULT. Each of the following, at Lender's option,shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant.or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. • False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or .becomes false or misleading at any time thereafter. mate L Received: • JAN 302014� Description: Lane,OR Document — Year.DocID 2008.22566 Page: 4 of 9 Order: 1234 Comment: • Original Submittal _______ 'DEED OF TRUST Loan No: 68835569 (Continued) Page 5 Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of,or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Right to Cure. If any default, other than a'default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (12) months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (11 cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and.thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. If this Deed of Trust is foreclosed by judicial foreclosure, Lender will be entitled to a judgment which will provide that if the foreclosure sale proceeds are insufficient to satisfy the judgment, execution may issue for the amount of the unpaid balance of the judgment. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the.right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Properly after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the • purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender, Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least fifteen 115) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. • In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the PropertyDate Received: JAN. 3 0 2014 10 Description: Lane,OR Document — Year.DocID 2008.22566 Page: 5 of 9 Order: 1234 Comment: - — Original Submittal - • •DEED OF TRUST Loan No: 68835569 (Continued) Page 6 Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee,to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: la) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; lb) join in granting any easement or creating any restriction on the Real Property; and (c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of Lane County, State of Oregon. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee, without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law(, when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. ATTORNEY FEES AND EXPENSES. The undersigned agrees to pay on demand all of Lender's costs and expenses, including Lender's attorney fees and legal expenses, incurred in connection with enforcement of this Agreement. Lender may hire or pay someone else to help enforce this Agreement. Lender may also use attorneys who are salaried employees of Lender to enforce this Agreement. The undersigned shall pay all costs and expenses'of all such enforcement. In the event arbitration, suit, action or other legal proceeding is brought to interpret or enforce this Agreement, the undersigned agrees to pay all additional sums as the arbitrator or court may adjudge reasonable as Lender's costs, disbursements, and attorney fees at hearing, trial, and on any and all appeals. As used in this paragraph 'Agreement' means the loan agreement, promissory note, guaranty, security agreement, or other agreement, document, or instrument in which this paragraph is found, even if this document is also described by another name. Whether or not an arbitration or court action is filed, all reasonable attorney fees and expenses Lender incurs in protecting its interests and/or enforcing this Agreement shall become part of the Indebtedness evidenced or secured by this Agreement, shall bear interest at the highest applicable rate under the promissory note or credit agreement, and shall be paid to Lender by the other party or parties signing this Agreement on demand. The attorney fees and expenses covered by this paragraph include without limitation all of Lender's attorney fees (including the fees charged by Lender's in-house attorneys, calculated at hourly rates charged by attorneys in private practice with comparable skill and experience), Lender's fees and expenses for bankruptcy proceedings (including efforts to modify, vacate, or obtain relief from any automatic stay), fees and expenses for Lender's post-judgment collection activities, Lender's cost of searching lien records, searching public record databases, on-line computer legal research, title reports, surveyor reports, appraisal reports, collateral inspection reports, title insurance, and bonds issued to protect Lender's collateral, all to the fullest extent allowed by law. WAIVE JURY. All parties hereby waive the right to any jury trial in any action, proceeding or counterclaim brought by any party against any other party. APPRAISAL. If at any time during the term of this Deed of Trust the Lender, in the reasonable exercise of its judgment, determines that it is likely that there has been a material adverse change in the value of the Real Property, Lender may obtain, at Borrower's expense, an appraisal of the Real Property prepared by an appraiser satisfactory to Lender and in a form and substance satisfactory to Lender. VENUE.The loan transaction that is evidenced by this Agreement has been applied for, considered, approved and made in the State of Oregon. If there is a lawsuit relating to this Agreement, the undersigned shall, at Lender's request, submit to the jurisdiction of the courts of Lane, Douglas or Washington County, Oregon, as selected by Lender, in its sole discretion, except and only to the extent of procedural matters related to Lender's perfection and enforcement of its rights and remedies against the collateral for the loan, if the law requires that such a suit be • brought in another jurisdiction. As used in this paragraph, the term 'Agreement' means the promissory note, guaranty, security agreement or other agreement, document or instrument in which this paragraph is found, even if this document is described by another name, as well. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement no�f the parties . as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be eftentivee esss�gyven JAN 302014� Description: Lane,OR Document — Year.DOCID 2008.22566 Page: 6 of 9 Order: 1234 Comment: original Submittal • • 'DEED OF TRUST Loan No: 68835569 (Continued) Page 7 • • writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. • Arbitration. Grantor and Lender agree that all disputes,claims and controversies between them whether individual,joint, or class in nature, arising from this Deed of Trust or otherwise,including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration'agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; foreclosing by notice and sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right,concerning any Property,including any claim to rescind,reform, or otherwise modify any agreement relating to the Property, shall also be arbitrated, provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Deed of Trust shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel,waiver,lathes, and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction,interpretation,and enforcement of this arbitration provision. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oregon without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Oregon. • No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust,the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal,valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest,this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon as to all Indebtedness secured by this Deed of Trust. Commercial Deed of Trust. Grantor agrees with Lender that this Deed of Trust is a commercial deed of trust and that Grantor will not change the use of the Property without Lender's prior written consent. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Umpqua Bank, and its successors and assigns. Borrower. The word "Borrower" means TAJ Enterprises, Inc. and includes all co-signers and co-makers signing the Note and all their successors and assigns. Deed of Trust. The words'Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state o federal Jaws, rules, or bate Deceived: JAN 3 0 2014 Description: Lane,OR Document — Year.DOCID 2008.22566 Page: 7 of 9 Order: 1234 Comment: -- - _- Original Submittal __ 'DEED OF TRUST Loan No: 68835569 (Continued) Page 8 regulations adopted pursuant thereto or intended to protect human health or the environment. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means TAJ Enterprises, Inc.. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances' are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum, including crude oil and any fraction thereof and asbestos. Improvements. The word "Improvements' means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property,facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee • or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Cross-Collateralization provision of this Deed of Trust. Lender. The word 'Lender" means Umpqua Bank,its successors and assigns. Note. The word "Note" means the promissory note dated April 8, 2008, in the original principal amount of $1,695,500.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note is April 10, 2018. • Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee° means First American Title Insurance Company, whose address is 1700 NW Garden Valley Blvd Suite 204/ PO Box 1325, Roseburg, OR 97470 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND GRANTOR AGREES TO ITS TERMS. GRANTOR: TAJ E ;PRISE INC.^ , C /J By: - . . " By: Ll qc>��•l Terry P. Cu .minga, President of TAJ ;Crises, Joa . Cummings. Secretary of T J ierprises, Inc. Inc. V JULIEJACOBSON JULIEJACOBSON S NOTARY PUBLIC-ARIZONA +� . `' ' NOTARY PUBLIC-ARIZONA yC,om PCOUNT�My Commiion FxP'February 4,2011 \�a My Commission Expires February 4,2011 • Date Received: JAN 302014n/ Description: Lane,OR Document — Year.DocID 2008.22566 Page: 8 of 9 Original Submittal I V Order: 1239 Comment: • • 'DEED OF TRUST Loan No: 68835569 (Continued) Page 9 CORPORATE ACKNOWLEDGMENT • :SO STATE OF eI a_ A, fl 1 s�r� ; _1C-•AR NA )ss .,i ijy. ACOU • mnK-( CO Fxo COUNTY OF P� ) );i �:� �,Ot1ry2•.'•rif •On this / day of ("it r (C- , 20 0 a , before me, the undersigned Notary Public, personally appeared Terry P. Cummings, President of TA.) Enterprises. Inc., and known to me to be an authorized agent of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the corporation. 1 J r, / ' By i4s s_ Ce*jc4.ea� O— Residing at /tOyas f`-- dNF0. I.�(\,Vc( 7" 11 Al. II.S Notary Pin and f State of A C IS A A)/CI My commission expires Fit,r K G CORPORATE ACKNOWLEDGMENT STATE OF :LICr 1 Ss • A,-+ •PA o0 COUNTY OF M R' al[n m t taNafY 4r 20"re F. On this ( 9 day of P2 IL , 20 0? , before me, the undersigned Notary Public, personally appeared Joan D. Cummings, Secretary of TAJ Enterprises, Inc., and known to me to be an authorized agent of the corporation that executed the Deed of Trust and acknowledged the Deed of Trust to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this Deed of Trust and in fact executed the Deed of Trust on behalf of the corporation. BY 4JL,ry, Residing at e2 S/ 4. 4 ✓ l I . Notary Pt in and for State of 4 CI �u-N Th My commission expires Re In y-14 tj 111 y 7 ,,2a / I REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: , Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute,to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: LASER PRO Lending, Ver. 5.39.00.008 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - OR D:\LPRO\CFI\LPL\G01.FC TR-40211 PR-62 Date Received: JAN 302014 Original Submittal Description: Lane,OR Document — Year.DocID 2008.22566 Page: 9 of 9 Order: 1234 Comment: • • After Recbtditrtttni To • FirstA,lt 7191-1197018TM First Ameri Title 1703202603/0188522 PO Box 10146 3CC Eugene,OR 97440 RECORDATION REQUESTED BY: Umpqua Bank f t r Lane County Commercial Loan Center / C/O Loan Support Services PO Box 1580 loivision of Chief Deputy Clerk 2008-022567 Roseburg, OR 97470 Lane County Deeds and Records Y LIIYI WHEN Umpqua BRECORDED MAIL TO: $51.00 Roseburg, OR 97470 11111111111111111111111111111111111111111111 04/22/2008 11:16:44 AM SEND TAX NOTICES TO: RPR-ASN Cnt-1 Stn=6 CASHIER 07 TAJ Enterprises,Inc. $30.00 $10.00 $11.00 4242 Commerce - ._ - Eugene, OR 97402 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated April 8, 2008, is made and executed between TAJ Enterprises, Inc., an Oregon Corporation (referred to below as "Grantor") and Umpqua Bank, whose address is C/O Loan Support Services, PO Box 1580, Roseburg, OR 97470 (referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in Lane County, State of Oregon: Parcel 1, Land Partition Plat No. 95-P0692, Lane County Official Records, in Lane County, Oregon. The Property or its address is commonly known as 2728 Pheasant Blvd., Springfield, OR 97477. The Property tax identification number is 0188522. CROSS-COLLATERALIZATION. In addition to the Note, this Assignment secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any stet of lim''�t777tions, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. (Initial Here 1 THIS ASSIGNMENT IS GIVEN TO SECURE 111 PAYMENT bF THE INDEBTEDNESS AND 12) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and even though no default shall have occurred under this Assignment, to collect and receive the Rents. For this purpose. Lender is hereby given and granted the following rights, powers and authority: Notice to Tenants. Lender may send notices to any and all tenants of the Property advising them of this Assignment and directing all Rents to be paid directly to Lender or Lender's agent. Enter the Property. Lender may enter upon and take possession of the Property; demand, collect and receive from the tenants or from any other persons liable therefor, all of the Rents; institute and carry on-all legal proceedings necessary for the protection of the Property, including such proceedings as may be necessary to recover possession of the Property; collect the Rents and remove any tenant or tenants or other persons from the Property. Maintain the Property. Lender may enter upon the Property to maintain the Property and keep the same in repair; to pay the costs thereof and of all services of all employees, including their equipment, and of all continuing costs and expenses of maintaining the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums o fire and other insurance Date Received: JAN302014 Description: Lane,OR Document — Year.DocID 2008.22567 Page: 1 of 6 Order: 1234 comment: Original Submittal ASSIGNMENT OF RENTS Loan N5: 68835569 (Continued) Page 2 effected by Lender on the Property. Compliance with Laws. Lender may do any and all things to execute and comply with the laws of the State of Oregon and also all other laws, rules, orders, ordinances and requirements of all other governmental agencies affecting the Property. Lease the Property. Lender may rent or lease the whole or any part of the Property for such term or terms and on such conditions as Lender may deem appropriate. Employ Agents. Lender may engage such agent or agents as Lender may deem appropriate, either in Lender's name or in Grantor's name, to rent and manage the Property, including the collection and application of Rents. Other Acts. Lender may do all such other things and acts with respect to the Property as Lender may deem appropriate and may act exclusively and solely in the place and stead of Grantor and to have all of the powers of Grantor for the purposes stated above. No Requirement to Act. Lender shall not be required to do any of the foregoing acts or things, and the fact that Lender shall have performed one or more of the foregoing acts or things shall not require Lender to do any other specific act or thing. APPLICATION OF RENTS. All costs and expenses incurred by Lender in connection with the Property shall be for Grantor's account and Lender may pay such costs and expenses from the Rents. Lender, in its sole discretion, shall determine the application of any and all Rents received by it; however, any such Rents received by Lender which are not applied to such costs and expenses shall be applied to the Indebtedness. All expenditures made by Lender under this Assignment and not reimbursed from the Rents shall become a part of the Indebtedness secured by this Assignment, and shall be payable on demand, with interest at the Note rate from date of expenditure until paid. FULL PERFORMANCE. If Grantor pays all of the Indebtedness when due and otherwise performs all the obligations imposed upon Grantor under this Assignment, the Note, and the Related Documents, Lender shall execute and deliver to Grantor a suitable satisfaction of this Assignment and suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Property. Any termination fee required by law shall be paid by Grantor, if permitted by applicable law. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Assignment or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Assignment or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens,security interests, encumbrances and other claims, at any time levied or placed on the Rents or the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or IC) be treated as a balloon payment which will be due and payable at the Note's maturity. The Assignment also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Assignment: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Assignment or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Default on Other Payments. Failure of Grantor within the time required by this Assignment to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Assignment or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Assignment or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Insolvency. The dissolution or termination of Grantor's existence as a going business, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against the Rents or any property securing the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Property Damage or Loss, The Property is lost, stolen, substantially damaged, sold, borrowed against, levied upon,seized, or attached. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. . Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. Cure Provisions. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the • Date Received: Description: Lane,OR Document - Year.DocID 2008.22567 Page: 2 of 6 Order: 1239 Comment: ----- • ,..... • -- - _ JA tI.5 rr-5f)1/+ �a 1. ...L • • ASSIGNMENT OF RENTS Loan NS: 68835569 (Continued) Page 3 same provision of this Assignment within the preceding twelve (121 months, it may be cured if Grantor, after receiving written notice from Lender demanding cure of such default: (1) cures the default within fifteen 115) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Lender may exercise any one or more of the following rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty that Grantor would be required to pay. Collect Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender shall have all the rights provided for in the Lender's Right to Receive and Collect Rents Section, above. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by tender shall not disqualify a person from serving as a receiver. Other Remedies. Lender shall have all other rights and remedies provided in this Assignment or the Note or by law. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Assignment, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Expenses. If Lender institutes any suit or action to enforce any of the terms of this Assignment, Lender shell be entitled to recover such sum as the court may adjudge reasonable. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports(, surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. ATTORNEY FEES AND EXPENSES. The undersigned agrees to pay on demand all of Lender's costs and expenses, including Lender's attorney fees and legal expenses, incurred in connection with enforcement of this Agreement. Lender may hire or pay someone else to help enforce this . Agreement. Lender may also use attorneys who are salaried employees of Lender to enforce this Agreement. The undersigned shall pay all costs and expenses of all such enforcement. In the event arbitration, suit, action or other legal proceeding is brought to interpret or enforce this Agreement, the undersigned agrees to pay all additional sums as the arbitrator or court may adjudge reasonable as Lender's costs, disbursements, and attorney fees at hearing, trial, and on any and all appeals. As used in this paragraph "Agreement" means the loan agreement, promissory note, guaranty, security agreement, or other agreement, document,or instrument in which this paragraph is found, even if this document is also described by another name. Whether or not an arbitration or court action is filed, all reasonable attorney fees and expenses Lender incurs in protecting its interests and/or enforcing this Agreement shall become part of the Indebtedness evidenced or secured by this Agreement, shall bear interest at the highest applicable rate under the promissory note or credit agreement, and shall be paid to Lender by the other party or parties signing this Agreement on demand. The attorney fees and expenses covered by this paragraph include without limitation all of Lender's attorney fees (including the fees charged by Lender's in-house attorneys, calculated at hourly rates charged by attorneys in private practice with comparable skill and experience), Lender's fees and expenses for bankruptcy proceedings (including efforts to modify, vacate, or obtain relief from any automatic stay), fees and expenses for Lender's post-judgment collection activities, Lender's cost of searching lien records, searching public record databases, on-line computer legal research, title reports, surveyor reports, appraisal reports, collateral inspection reports, title insurance, and bonds issued to protect Lender's collateral, all to the fullest extent allowed by law. WAIVE JURY. All parties hereby waive the right to any jury trial in any action, proceeding or counterclaim brought by any party against any other party. • VENUE. The loan transaction that is evidenced by this Agreement has been applied for, considered, approved and made in the State of Oregon. If there is a lawsuit relating to this Agreement, the undersigned shall, at Lender's request, submit to the jurisdiction of the courts of Lane, Douglas or Washington County, Oregon, as selected by Lender, in its sole discretion, except and only to the extent of procedural matters related to Lender's perfection and enforcement of its rights and remedies against the collateral for the loan, if the law requires that such a suit be brought in another jurisdiction. As used in this paragraph, the term "Agreement" means the promissory note, guaranty, security agreement or other agreement, document or instrument in which this paragraph is found, even if this document is described by another name, as well. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Assignment: Amendments. This Assignment, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Assignment. No alteration of or amendment to this Assignment shall be effective unless given in writing • and signed by the party or parties sought to be charged or bound by the alteration or amendment. Arbitration. Grantor and Lender agree that all disputes, claims and controversies between them whether individual,joint, or class in nature, arising from this Assignment or otherwise, including without limitation contract and tort disputes, shall be arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any.Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; foreclosing by notice and sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver; or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Codave di'spcatcydtlal'msdor JAN 302014 . Description: Lane,OR Document — Year.DocID 2008.22567 Page: 3 of 6 Original Submittal- " Order: 1234 Comment: • • ASSIGNMENT OF RENTS Loan 16: 68835569 (Continued) Page 4 controversies concerning the lawfulness or reasonableness of any act,or exercise of any right,concerning any Property,including any claim to rescind,reform, or otherwise modify any agreement relating to the Property, shall also be arbitrated,provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Assignment shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations,estoppel,waiver, laches,and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation,and enforcement of this arbitration provision. Caption Headings. Caption headings in this Assignment are for convenience purposes only and are not to be used to interpret or define the provisions of this Assignment. Governing Law. This Assignment will be governed by federal law applicable to Lender and,to the extent not preempted by federal law, the laws of the State of Oregon without regard to its conflicts of law provisions. This Assignment has been accepted by Lender in the State of Oregon. Merger. There shall be no merger of the interest or estate created by this assignment with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Interpretation. 11) In all cases where there is more than one Borrower or Grantor, then all words used in this Assignment in the singular shall be deemed to have been used in the plural where the context and construction so require. (2) If more than one person signs this Assignment as 'Grantor,' the obligations of each Grantor are joint and several. This means that if Lender brings a lawsuit, Lender may sue any one or more of the Grantors. If Borrower and Grantor are not the same person, Lender need not sue Borrower first, and that Borrower need not be joined in any lawsuit. (3) The names given to paragraphs or sections in this Assignment are for convenience purposes only. They are not to be used to interpret or define the provisions of this Assignment. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Assignment unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Assignment shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Assignment. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Assignment, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Notices. Any notice required to be given under this Assignment shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Assignment. Any party may•change its address for notices under this Assignment by•giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. Powers of Attorney. The various agencies and powers of attorney conveyed on Lender under this Assignment are granted for purposes of security and may not be revoked by Grantor until such time as the same are renounced by Lender. Severability. If a court of competent jurisdiction finds any provision of this Assignment to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Assignment. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Assignment shall not affect the legality, validity or enforceability of any other provision of this Assignment. Successors and Assigns. Subject to any limitations stated in this Assignment on transfer of Grantor's interest, this Assignment shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Assignment and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Assignment or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Assignment. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon as to all Indebtedness secured by this Assignment. Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT CREDITORS OF GRANTOR, ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Assignment. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Assignment shall have the meanings attributed to such terms in the Uniform Commercial Code: Assignment. The word "Assignment" means this ASSIGNMENT OF RENTS, as this ASSIGNMENT OF RENTS may be amended or modified from time to time, together with all exhibits and schedules attached to this ASSIGNMENT OF RENTS from time to time. Borrower. The word "Borrower' means TAJ Enterprises, Inc.. Default. The word "Default' means the Default set forth in this Assignment in the section titled "Default'. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in the default section of this Assignment. Date Received: JAN 302014 Description: Lane,OR Document — Year.DocID 2008.22567 Page: 4 of 6 ' Order: 1234 Comment: Original Submittal • e c. ASSIGNMENT OF RENTS Loan NSt: 68835569 (Continued) Page 5 Grantor. The word "Grantor' means TAJ Enterprises, Inc.. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or , Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this Assignment. Specifically, without limitation, Indebtedness includes all amounts that may be indirectly secured by the Crass-Collateralization provision of this Assignment. Lender. The word "Lender" means Umpqua Bank, its successors and assigns. Note. The word "Note" means the promissory note dated April 8, 2008, in the original principal amount of $1,695,500.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. . Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Assignment" section of this Assignment. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder. THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON APRIL 8, 2008. GRANTOR: • TAJ EN : SES, II INC. C.. t s� �/�,1 - ey: - . l . By: � \ Ll vl�d7il- Q Terry P. Cumm gs, President of TAJ En rises, Joan -Cummings, Secretary of TAJ Eh`TJfrprises, Inc. Inc. • CORPORATE ACKNOWLEDGMENT //11 JUUEJACOBSON /T STATE OF �.t Z o Air* 1 "S NOTARY PUBLIC-ARIZONA s -�' ° MARICOPACOUNTY PR 1 5S 1±t'v - MY Commission Expires n1 A-&l CO PR I �t*�� February 4,2011 COUNTY OF On this /) -I pp day of APR/L , 20 0 ' , before me, the undersigned Notary Public, personally appeared Terry P. Cummings, President of TAJ Enterprises, Inc., and known to me to be an authorized agent of the corporation that executed the ASSIGNMENT OF RENTS and acknowledged the Assignment to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute thi Assignment and in fact executed the Assignment on behalf of the corporation./ c / Q e By a _-'__. am_+1 t • Residing at I G9"2S E. - £k L. , (v4 7 / l VW qop y� ( y � � l, Notary P in and for the State of /'t�J Z V N/`f My commission expires re I,f LL q r-N Date Received: JAN 302014 • Original Submittal Description: Lane,OR Document - Year.DocID 2008.22567 Page: 5 of 6 Order: 1234 Comment: • • ASSIGNMENT OF RENTS Loan Ifb: 68835569 (Continued) Page 6 CORPORATE ACKNOWLEDGMENT STATE OF A 2 l Z O A JULIE JACOBSON SS e±".: NOTARY PUBLIC-ARIZONA COUNTY OF IhR2t CO P y}- ) $ F MARICOPA COUNTY A =J.F My Commission Expires (�7-!. d-4, February 4,2011 On this ' 1 day of al l_ , 20• • -_ _ -, gne. rotary Public, personally appeared Joan D. Cummings, Secretary of TAJ Enterprises, Inc., and known to me to be an authorized agent of the corporation that executed the ASSIGNMENT OF RENTS and acknowledged the Assignment to be the free and voluntary act and deed of the corporation, by authority of its Bylaws or by resolution of its board of directors,for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute this A signment and in fact executed the Assignment on behalf of the corporation. C/ (� ('+ f By l�,LC �((1� Residing at - r7�-S re- 9 L1PG. (J I'f/�/ r'7"'I'r Pl I I is Notary Public in and for the Sta a of fl-g.I Zd A) A My commission expires re .b r u_9 r 1 `T a 0 I i 1 LASER PRO Lending, Ver. 5.39.00.008 Copr. Harland "Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - OR D:\LPRO\CFI\LPL\G14.FC TR-40211 PR-62 • • • • • • • Date Received: • • JAN 302014 eil • Description: Lane,OR Document — Year.DocID 2008.22567 Page: 6 of 6 Original Submittal Order: 1239 Comment: • "- - - Fiy"�J�� Dan Title •FirstAm 7191-1197018TM 17Dx 10146 • 1703220002603/0188522 Eugene,OR 97440 / Division of Chief Deputy Clerk 2008 022568 to Lane County Deeds and Records 11{)' {IN II ' lllllt111� 11111111111111111111111111 11011111111111111111 $31,00 00991628200800225680020021 UCC FINANCING STATEMENT 04/22/2008 11:16:44 AM FOLLOW INSTRUCTIONS(front and back)CAREFULLY RPR-MTG Cnt=1 Stn=6 CASHIER 07 A.NAME 8 PHONE OF CONTACT AT FILER(optional] $10.00 $10.00 $11.00 B.SEND ACKNOWLEDGMENT TO:(Name and Address) • rUmpqua Bank PO BOX 1580 Roseburg,OR 97470 L J • THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 1. DEBTOR'S EXACT FULL LEGAL NAME insert only one debtor name(la Of lb)•do not abbreviate or combine names Ia.ORGANIZATION'S NAME TAJ Enterprises, Inc. OR lb.INDIVIDUALS LAST NAME FIRST NAME MIDDLE NAME SUFFIX ic.MAILING ADDRESS -CITY STATE POSTAL CODE COUNTRY 4242 Commerce • Eugene OR 97402 USA Id.SEE INSTRUCTIONS ADD'L INFO RE Pe TYPE OF ORGANIZATION 1f.JURISDICTION OF ORGANIZATION 1e.ORGANIZATIONAL ID I,d any ORGANIZATION Corporation OR 100988-87 r-I DEBTOR I p I I NONE 2.ADDITIONAL DEBTORS EXACT FULL LEGAL NAME-insert only arm debtor name(2a or 20)•do not abbreviate or combine names 2a.ORGANIZATIONS NAME OR 2b INDIVIDUALS LAST NAME FIRST NAME MIDDLE NAME SUFFIX 2c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 2a.SEE INSTRUCTIONS ADDL INFO RE 12e.TYPE OF ORGANIZATION 21.JURISDICTION OF ORGANIZATION 2g.ORGANIZATIONAL ID a,a any ORGANIZATION r-I DEBTOR I I I I NONE 3.SECURED PARTY'S NAME(or NAME of TOTAL ASSIGNEE of ASSIGNOR SIP)-insert only one secured party name pa ur 3b) 3a.ORGANIZATIONS NAME Umpqua Bank OR 30.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX at MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY — C/O Loan Support Services, PO Box 1580 Roseburg OR 97470 USA 4.This FINANCING STATEMENT coven the following collateral: All Fixtures; whether any of the foregoing is. owned now or acquired later; all accessions, additions, replacements, and substitutions relating to any of the foregoing; all records of any kind relating to any of the foregoing; all proceeds relating to any of the foregoing (including insurance, general intangibles and accounts proceeds). • • • 5.�ALLITERNATIVE DESIGNATION Ill applludel:I RESSEEILESSOR I LONSIGNEE/CONSIGNOR I [BAILEE/BAILOR I IISELLERIBUYER LAG LIEN J NON-UCC FILING 6'Iry ESTATE RECIORDS. Austin AEEendumllpr recordl for recorded)mlNnpq blel IZ I DDITIIONALoFEE(SEARGH HEPUHI(pS)nnal ebtm(a) I All Debtors I_ (Pabtor l I 11De01or2 8.OPTIONAL FILER REFERENCE DATA 68835569 • Harland Financial SolNlb o nolt d: FILING OFFICE COPY—UCC FINANCING STATEMENT(FORM UCC1)(REV.0522/02) 400 S.W.6th Avenue 4Hb�IADOt • JAN 302014 Description: Lane,OR Document — Year.DocID 2008.22568 Page: 1 of 2 Order: 1234 Comment: Or E irn! Submittal • • UCC FINANCING STATEMENTADDENDUM FOLLOW INSTRUCTIONS(front and back)CAREFULLY 9.NAME OF FIRST DEBTOR(1a or 1 b)ON RELATED FINANCING STATEMENT ' 9a.ORGANIZATION'S NAME TAJ Enterprises,Inc. OR 9b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME,SUFFIX 10.MISCELLANEOUS: — THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY 11.ADDITIONAL DEBTORS EXACT FULL LEGAL NAME-insert only one name(11a or 110)-do not abbreviate or combine names 11e.ORGANIZATION'S NAME OR 11b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 11c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 11d.SEE INSTRUCTIONS ADD'L INFO RE I 11e.TYPE OF ORGANIZATION 11t.JURISDICTION OF ORGANIZATION 11g.ORGANIZATIONAL ID a,if any ORGANIZATION DEBTOR I I FLOW 12. 'ADDITIONAL SECURED PARTY'S or I 'ASSIGNOR S/P'S NAME.insert only one name(12a or 12b) 12a.ORGANIZATION'S NAME OR 12E INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 12c.MAILING ADDRESS CITY • STATE POSTAL CODE COUNTRY 13.This FINANCING STATEMENT covers ❑bmbor b be cut or rtes-extracted 16.Additional collateral description: c� collateral,or is filed as a NL fixture fling. 14.Description of real estate: Parcel 1, Land Partition Plat No. 95-P0692, Lane County Official Records, in Lane — County,Oregon. 15. Name and address of a RECORD OWNER of above-described real estate(if Debtor does not have a record interesty 17.Check orily If applicable and check sally one box. Debtor is e nrrust or f Irrustee soling with respect to property held in West or Decedent's Estate 18.Check WS if applicable and check only one box. for is a TRANSMITTING UTILITY Filed in connection with a Manufactured-Nome Transacecn•effective 30 yeers�'�te Received: fled n connection with a Public-Finance Transaction-elective 30 years Harland Financial Solutions FILING OFFICE COPY—UCC FINANCING STATEMENT ADDENDUM(FORM UCC1Ad)(REV.05/22)02) 400 S.W.6th Avenue,POrIA eiegpni9720t114 Description: Lane,OR Document - Year.DocID 2008.22568 Page: 2 of 2 Original Submittal • Order: 1234 Comment: — • • 5 - 74 - 9824 .19 9837220 RETURN TO CASCADE rmz CO. 1 /7-0 3 - a 't D6,03 TITLE DD. 715/109 J 9ACCYN I . 1099.1110 Try ACCT. NO. 1 89511 NAYRANtr DRD •• STATOTORY RORN /I • i 5 LARR2 D. OLON. Cantor, /0' maven end warrants to II'' 9HLRUSU, n10., an Oregon Cone atlw, Orent..• che tollowiag dncdibed real property tree of encumbrance* specifically Sat tomb hernia, Opt as m Panel 1. Lana Partition Plat No. 95-90691.' Lana County Official • R.onrd., fa Lane Minty, Oregon. !!QD 31SnaOI®R WILL XOT 12LGN Ou 09 Ton PROPERTY DRROaae>9 18 TRIO aRTREmar 1Y TZOLATION Or RPPLCJDL LO On Lae AND RROOLAS'3ONP. Won 930Y180 OR =COT= 2[19 1]l82RWmR, TER PCRON ACGIVIRMI0 /R TSSL TO SID HDwrr MUCK ant TR APPROYRSAT'R CITY OR COMITY PlainlE DRnmart TO VERIFY aPPROVXD 0915 420) TO QITUR101t•1f/ UNITS'311 Ii11RV2=I igannTT PARNINO OR PORES? PRACrICR9• AS DOf]OLD O ORS 30.930. . tRe.pt CU following encuabrance.• EPigNT.14'9 OOlPEC g,00 fAdDgY.14•9%NO1PF190 10.00 EAR®1®In AND AORBD®TTS OP RECORD. N@igWT.19.9�OiR1T F1Ra.gp.00 The true consideration for this conveyance is $510,000.00. Dated is /1, ` this day of a _ , 19 9g. r Iii 1 ST , .iF. OLBON SIAn OP OREGON, County of r 0 ,„, , I.., This instrument was acknowledged before me On M4. D. , 1St, by LARRY D. OLLSON l/ CNINLIEX uni Notary Public for Oregon Y My cwaf..ioa a ire.` F-SI-91 NrODA 1 ERSILW r1 LARRY D. OLSON ant11 • change is requested 700 PORT AVE. all tax scat.a.nt. shall be ff. exi.EIt, OR 97051 net to the following address ORAMfOR'l NAME MW ADDRISS tat BNB AS =ARM at9 Tad EITfPRI98D, INC. Attar recording return to. 4242 C0701RRCN CAECAna SITU CO. EEEr. OR '97402 911 PILLANBT. ORANla'I MU ARE MORRIS EWMIM, OR 17401 Stan of Orogea County of lad.—a. I.se Cane ask.in N b u•...N Curry.so Lasky moll en,the maw lam.eae was muted by teadh %NAVIAPM 1152 Red 2419R Leas e`ony M00 Newt Cork Law gm a:vA.dw,4-y Came CIM • Date Received: JAN 3 0 2014 Original Submittal • 3..51 • • IMPROVEMENT AGREEMENT (in lieu of Imme e!e Constructor,rf Public ln?:cvertenr,includes Waver of Right to Renc st!r) 10 IN CONSID , t coveonnti J�- in recited,the City of SF ring//field,hereinafter referred to as . •Ise city,radrci "lM /Q7if,7( .:L^e ( ,AiYJll.•r ,hceina'?er .. . • t referred to as Applicangs),do covenant ad ague wan respect to theme property descnbed below as !. Applicant(s)warrants and represents to the City of Springfield that it is the owner of the popery more particularly described and set forth in Paragraph 7 below and,as owner,has the authority to enter into thtl Improvement Agreement with the City of Springfield. 2. Applicant(s)desires Developpi�ent Approval from the City with respect to de following . Development Application Cur P/en Ri,✓,rt,. 9f-:U/3G i 1 1 l 3. The development will cause bah an immediate end king-terra demand m de various pub& facilities of City and lane County including the specific public improvements necesitated by the . 1 development as setforth in paragraph 6. . .._. 1 I 4. This Immovement Aptement's an alterative to impaling a condition on Anplleane's • ---- developmet approve that the Applicant make immediate construction of any public improvement that I the development aecessates.The objective is to promote efficiency,coordination,and spread costs by • ! pennong a opportunity to a Emmet woe rmpovemem manamsw where constriction occurs m a • S coordinated project with the participation of adacenr and other properties i^he are.,instead of ' re ubmg immediate improvement in ramjlnle!im with eel development application. There is no• I guarantee,however,fist such a coordinated project will be tamable and the City reserves the right to • a require rcanwj._M.a.:..,.,..........n:.or-ft•.....r:....Ia-,-.a,. I. i 5. (a) Applicantard City agree drat Applicant will pay the cos of the fol!wing public facility improvements&scared in Paragraph Sin accoudaxe with respective costassumption policy established I by City at the time dheCity*b.althea to underake and complete sub public hnpr•emens. (b) Applicant any city ackncw'd a and agree that the cost of such improvements and the portion thereof to be paid by Applicant am presently wicrowm and may be greater the the costs the • • wnwd he appadmed if the improvements weeconstructedimmediately arby Applicant now or later. I (c) Ap},4ntskncwledges the the 5mb:g of the construction of such uopeovememse • • . with in the tole and exclusive direction of theCiy. • 6. (a) STREET BIPROVEMENIS along the fruitage of/VA 1 . • b include: ( )su Etpv ( )tam ar.en ( sewn; ( ) s ( gas. ( )planter strip; ( )meal ems; 11e...eti its ( )..)Ju...4s. (� / /' ,f /� i . (b) TRAFFIC SIGNALS aethe intersection ofrnac%,tr ("1rY t,4r&Rtaf • • (c) OTHER IMPROVEMEh7S Ze7r4 rcn:air let ilyd ft,-syndiirnar.. Applicant acknowledges the the list of marked improvements reflect those that world comity be • mmized under the eppse,afee City coda and m.'..'raaces. Applicant actmaiedgesthe k understands the the improvements ma&will het em required to brinz the Sae to faB urban pinitaM4 f_ru.n..e current fmaionat classification of the street as those standards exist a the time the loquwements are made and troy,therefor;ed f^-.the!S of zest eons checked haeht 7- LEGAL. !?X'crt. I, put frwr�v<tl]3.4r e3 D3-,DoGf2, ', ev^I�/vi'• /e..:_ u. ry MT.iWL /:U4i c ,e.o e.Cl_,..ry I - • I a f Otte§ew i 3 I AKA /7-03-fl I%L'.ZG 3 i • Property Address Tax Lot Na • _.+ .l.30.9BNIcEC ID RETURN TO: 9 � has t . art OFSPROPOFIat-Pls'BLIC WORKS Dirt-3L FIlTH STREET:SPR Fl�' 300.-971'7/ 50 . -p.: ._. . - Li 5 ---- -/I:- _ e Received: • " _ ' — — I N _ �._ 3 0 2014 ;:r., r�t-�..�$,a . is a�r�.:..ii�dda Description: Lane,OR Document — Year.DOCID 1998.86951 Page: 1 of 3 Original Submittal_ __ Order: 1234 Comment: - - , ., • .. -�, • 2 4 7 0 Uses::x . --, �E. This agreement is enforceable by the State of Oregon,lane County or City. • t v, APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS PFnpnvc.rnNsEsrrs fir, ALL t"""D--'CUMF.+t s NECESSARY TO OBTAIN 111t ABOVE LIST PD IMPROVEMENTS UNDER ANY IMPROVEMENT ACTOR PROCEEDING OF T1-STATE OF OREGON,LANE COUNTY,OR CITY.AND Ti)WAIVE ALL RIGHT TO REMONSTRATE.Af)nn:cr SUCH I L'd'ROlEME7NIS. Applicant dots not wave any right to protest the amount or manner of spreading the assessment thereof,if the same shall appear to tee Applicant to bear inapibbiliy or unfair upon said propessyot Applicant. Applicant's aoeep;anx of the nen-remonstrance conditien is in consideration for • the City's waiver of he require:neai for the immediate construction of the public improvements that the development necessitates.This improvement agreement waives the property owner's right to file e written remonstration. It does not waive a property owner';right to comment on the proprxM Ajm.t • any neat:: sin writing. • d�, 10. City agrees that Applicant's execution end performance of t e temu of the Agreement win be deemed m be U compliance with City's policyperaising to improvement requbemanq and if Applicant complies in every respect with all otherappliteble laws of the State of Oregon,Lane Cowry,mad City, Applicant shall be entitled to Development Approval,subject to the terms and cmdeiom of approval set i forth therein. _ i II. It is the intention of the pmties!aeaegm x,.,....._._..v...:_. i I ._._.._._..`.., sign,wuuu,ed seuirtm with es ors . -- E in&ten ed,led sbeR p.'. -img vYv„:e Seise,executors,ring.;administrators,and successors • i! of the parties hereto,end shell be construed le be a benefit and a hunt.,,my,-a_--. --. ^^r�+av cement sour me recorded in the Lent Cotta)y Deed Rsedds• -__._ _ I v n9s/u0nrr'be/enriOilecE,S/.1;;p5 sulk afric y- • RE,dm pubes have ad their hand this H-°day o( .19�. n a n / _ - 1 By .A \f(,111{. t .... -.a • by ( APIA. josmilf4t1ww. . STATE CFNREa9N-)w124441441-e— )�. Couotyof6.» ) 1 r1r a.Olen e-..J n,.ar. tan . . rfl_..Ll E . �� �..,,.�1 -.19 YM lief-=. eppes.�____id t ' seat thgere the idea and respec6vty of the en' nti whobmgswtm did I beeto is its col,and that this dad was volunsai 's- etudfp etM seetiodby 4 signed end sealed m authority cE is Bond of Directors.Before me bift>(dte cprpmby ll • I Notary Palk '� .: rr AtyCommissioosipi,YS.^ �d IA/VI •By L1u rt __ ! CiyotSprmgcetd I . i I Dan E.Brown-D'Mm of Palle Weis II - !. sSTATE OF OREGON ) • • )ss • i County ofLane ) _ 0.1 this Z4ry rap of /TCKF/ ._ace .. _ •ceiae me Dm E.Biowa,the D'veasra[laoble Worts.fxma City there peraone9Y appeared • • I document - y Springfield and signed the above n Notary Public for hccouses_ meuNa came RIa _Nasaa My Commission Expires au*jar i • -- RETURN IQ I • CITY Of SPRINGFIELD_PUBUC WORKS DEPT-223 FIFTH STREET-SPRINGFIEW-OR Cann . • _ Da Received: 302U14 :. ._. , ',let -, ,-4 -, - •--- . �e�.: �C- t...53,L Description: Lane,OR Document - Year.DocID 1998.86951 Page: 2 of 3 Original Submittal_ Order: 1234 Comment: - ., ,, ...., v - 7'J. •1 i •,. 4- : ` . .51615•4;9:a _. . ! , . . . - I r.i. '.. . H I i;:i..■fe, • I.- :1 V i • .:-.::'; - --:,, - State of Oregon :fr..; - . inannut was mead Et reccd a :--'1:4.: '- 180CT3Oom 345 L...0 i).-. • ..:.?:: i = 2479R 11 Lae Coati,°MAL Recoras 1.;?■: . Lax Cam Celt I '4 eati2up..y .„. . . . . . - . t ...-. . . . , ...., : ._ _ . • 111:11 'las • - ..j:-.:-::.c.:,.- ■ la .-,.. -7-.. - ,.. - - _..... , ate Received: . --=----e--.-4:3: - :::,-; ;7::,'---;;-::- --). ---1.--if,,'...---;;. V• t-';-5;<;::::\>:s-&.,a..... JAN 3 0 2014 -'.--'=""-"---4.:;-4 1--:-.--.- _ ".-?•if)±24"47./1.etL"n.e.C37.-5-!3-7-a4-0....?3 ,-...t.. ':..a..;_tcr,..;_s. Description: Lane,OR Document - Year.DocID 1998.86951 Page: 3 of 3 Original Submittal 6 Order: 1230 Conmzent: - • 2 _ 1 9 - 9 9 2 5 18 99015670 YF.: /.rf f 7 _ _ CS\'Oh SPF,INGPIELD Syc:?:nt E)e.'aln 'n.°m 14 ., Ac¢lu:r r:nar Scu:e of Orc zul: s.s eomAV or Lute Person:11:y appearcd Ker/m£T11 3' Vo E.UEY s:nu,breed duly swo':I,did say that he she is the Sys:em Deceloprneu:C';latge Alin;imsD.not e;the Cilr of Spr:ng:ield,a:n.nacip;ii :orporaaon,and that said astn.r'.cm•n ed signed :n behalf of sold corporation and ac knots said instrument to be u,v:9uatary_e:and deed. CIFMIAL J' ,. DENNISP ERNSi / ,F 5 NOTASY°CBLIC•WEOON Notary Public for rerun ri WurA tig ND.Ut 2f$f xt LCw'smtmu:Awnmtso My Commission Expires oo<{pc,_zG,3onc: State of Oregon County of Lane—es. I,C.,.1.y I:::the nY '99FEB19mf 2:20 2518R Lye C...ty C'I FICIAL Lon.•CC.•es Cede v r 71=.IS[i21. System CJevetarment Char”Agreement for Deferral Page.1 of a • • I Date Received: JAN 302014 Original Submittal Description: Lane,OR Document — Year.DocID 1999.15670 Page: 4 of 4 Order: 1234 Comment: • • Exhibit #10-Generator and HVAC Specifications Sheets Date Received: JAN 302014 Original Submittal 6 • • Generator Containment Address Please see attached generator specification and model number. Regarding fuel tank and secondary containment of stored fuel, the generator and shelter that will house the generator provide two levels of fuel containment. The Kohler diesel generator to be utilized maintains a double wall belly tank per national standards for all manufactures. In addition, this unit will include a leak alarm. Please note attached equipment shelter specification pages attached. The door to the generator room is 6" above the door to the equipment room. The floor within the generator room is seamless and designed to act as a secondary containment area surrounding unforeseen oil/fuel leaks. Date Received: JAN 302014 Original submittal, • • w (1O'-915 [129v.1) , (SNIPPING DIMENSION) EE (10'-3' [1231 [OPTION Hi] (7• FOR OPTION Hi v' 10'-3' [1251 [OPTION H2]) cs 9' FOR OPTION 112 :I C (5') ---(9'-3' [1117) FOR OPTION H3)- L.J i -- '1 ii I J ^.eaam m w lam' i a._._. _ s •j Igo Q Jde8 • - gag- ® I`O 1- 4i jj jj mjj FI;, do }' 1.1--. j u I II �m II II "3o _ -. 4 ° Iii 1R Fi II III II GL� " H 77• Iil ZII II II alb ,v I ,r (Boor [s'-ton, , won H ii n d ©/ (1+31')® ,D - ii ,� ss jj �( p II II N O m la I 4 . O Tii II ii, ii I I jj ij ii I II e _ m ZyA N a p Zijl 3 g- Z j 9 1 ''ill • n� N m 4' w IN p >m t534 0 n Ji Z ± ( 2b H 0I MR z :] _Y N � '� P a '1'12.1— ii . ■,, r ce t' a �BB i oi• lt'i 'uL^' J > °i \ jl."rF I.\\L.U.1 ->1 N h P k�i-� �g'� e ro {'[F�f7 V r ME I ,CI J I We / Ij Yj F'��M- qJ -ZZ -. O Q ._ _' r [ � '31 q e J w II II `-'� w =i^�i[.1n ® > (11]¢7 A II '� J �It�, FJ y ii 11 � ljlcly� (µ•)_ ‘1,:i II Ij • -I B m II II \ m Fi v < Ems. Ij jl \ yii Zc6 m O j e:,'rl��rll g O i i•:?•;F FR a 1 ---- rF.IF15F m $ m =k i Cell ion l gbjli! � _ R• i -j R€Ei( F dustes,Inc. :ta Rad es ad juii 3-200 • .com 9.com b fl Original Submittal_ • (11•-s' [1371) • . (417 (10'-4e [124.17) (41•.7 j j j i TA I j I J J LIf� isil_ �ki iii m o jl z8 I' m m v > r�: I mm I m a I.� r 9 ! 6y0a jl I I o 4. i i �� I! L___ J zcr �: I a r Ii_ Nei II I Ili II , II u u a E Ili' Day) I II m •o N � I .�' gg I g 25 I I v 1--(26-).1 a a •~ r I I[ir- 21 N q tv /� for o /1 1 �f .r I �.°m 'X //I I h 1 N o j \..,4,\ ! N II c, j \3:\ I v� 1 N LPL i )■L.i ®a2/)W1 i4 � I I I I 1 1 H I I y.' I J o _ I. [!p�Q�u7�c77 is \\\\ I 1 ' I I `° i ti, IIII.kg ._3 \‘‘ iLiiIii iirp, . I ,_ 1 .. I F _1 u N I I pp•Ai I �� ......\....\.i il � (77 ii 4 (34x7 I m m/ I I m z m I N i 1 0 o 3 m r7:: a. to •y 9 � `:� i in illiiR Cell ion !ii j 2R R "Ilk Date Received: ADivisioe of Sabre Industries,Inc. o r��I 5031 Hazel Jana Road I. JAN 3 0 2014 © 11111 Bossier City 1 Louisiana 71111 V 9p voice: (3.1 ) 213-2900 ap A , EN 1a vow r.ce Izlon�m79 A a4kA Original s„b„1ttai_ Model: 50REOZJD KOHLER.POWER SYSTEMS 208-600 V Diesel 09001 Tier 3 EPA Certified for Standard Features Stationary Emergency 1■1 Mitt SYSTEMS NATIONALLY REGISTERED Applications • Kohler Co.provides one-source responsibility for the Ratings Range • generating system and accessories. • The generator set and its components are 60 Hz prototype-tested,factory-built,and production-tested. Standby: kW 44-51 • The 60 Hz generator set offers a UL 2200 listing. kVA 44-64 • The generator set accepts rated load in one step. Prime: kW 41-47 kVA 41-59 • The 60 Hz generator set meets NFPA 110, Level 1, when equipped with the necessary accessories and installed per NFPA standards. • A one-year limited warranty covers all systems and ..o ■■ components. Two-and five-year extended warranties are a lso available. j' t•SI • Alternator features: 0 The unique Fast-Response'" X excitation system i delivers excellent voltage response and a short-circuit capability using a rare-earth, _ , � permanent magnet(PM)-excited alternator. • • - o The brushless,rotating-field alternator has 0 °: : 0 broadrange reconnectability. Generator Set Ratings • Other features: 0 Kohler designed controllers for guaranteed system 130°C Rise 105°C Rise integration and remote communication. See Standby Rating Prime Rating Controllers on page 3. Alternator Voltage Ph Hz kW/kVA Amps kW/lcVA Amps 0 The low coolant level shutdown prevents 120/208 3 60 50/63 173 45/56 156 overheating (standard on radiator models only). 127/220 3 60 50/63 164 45/56 148 0 Integral vibration isolation eliminates the need for 120/240 3 60 50/63 150 45/56 135 under-unit vibration spring isolators. 120/240 1 60 44/44 183 41/41 171 4P78X 139/240 3 60 50/63 150 45/56 135 220/380 3 60 49/61 93 44/55 83 277/480 3 60 50/63 75 45/56 68 347/600 3 60 50/63 60 45/56 54 120/208 3 60 50/63 173 46/58 160 127/220 3 60 50/63 164 46/58 151 120/240 3 60 50/63 150 46/58 138 120/240 1 60 46/46 192 43/43 179 4P8X 139/240 3 60 50/63 150 46/58 138 220/380 3 60 50/63 95 46/58 87 277/480 3 60 50/63 75 46/58 69 347/600 3 60 50/63 60 46/58 55 120/208 3 60 51/64 177 47/59 163 • 127/220 3 60 51/64 167 47/59 154 120/240 3 60 51/64 153 47/59 141 120/240 1 60 49/49 204 45/45 188 4P1OX 139/240 3 60 51/64 153 47/59 141 220/380 3 60 51/64 97 47/59 89 277/480 3 60 51/64 77 47/59 71 347/600 3 60 51/64 61 47/59 57 408X 120/240 1 60 50/50 208 45/45 188 401 OX 120/240 1 60 50/50 208 46/46 192 RATINGS: Ai throophase mils am rated at 0.8 po..wr facor. All sioleyhase trills an rated at 1.0 power factor.Sm ay Rathgs:The stance rating is applicable to varying bat for the Onion of a pore otego. There is no ovabad copa illy fa the refire.Rine Power Raves:Pt varying bed,the number of generator set erasing hdn is uclirtded A 10%omaload capacity is erzialle fa one hoe.is Melve. Raves ere in accords-me with 1508528-1 and 60304 6-1. For limited rumig time and continuous mugs,consult the fertay. Odell teelniral in q ��R 1�ton refines gideincs,complete ratings defniias,and site redeem derataz. The grr ata set mmutatuer reserves the right to change the dodo.a apedfitaaons WfatQp .i al ved: obligation a Ibbity,MlamooSCu. G5-350(50REOZJD) 6/12c JAN 30201Q4 Original Submittal U • • Alternator Specifications Specifications Alternator • NEMA MG1,IEEE, and ANSI standards compliance for Manufacturer Kohler temperature rise and motor starting. Type 4-Pole,Rotating-Field • Sustained short-circuit current of up to 300%of the rated Exciter type Brushless,Rare-Earth current for up to 10 seconds. Permanent-Magnet • Sustained short-circuit current enabling downstream circuit Leads:quantity,type breakers to trip without collapsing the alternator field. 12,Reconnectable 4,110-120/220-240 • Self-ventilated and dripproof construction. Voltage regulator Solid State,Volts/Hz • Vacuum-impregnated windings with fungus-resistant epoxy Insulation: NEMA MG1 varnish for dependability and long life. Material Class H Temperature rise 130°C,Standby • Superior voltage waveform from a two-thirds pitch stator and skewed rotor. Bearing:quantity,type 1,Sealed Coupling Flexible Disc • Fast-Response' II brushless alternator with brushless Amortisseur windings Full exciter for excellent load response. Voltage regulation,no-load to full-load Controller Dependent One-step load acceptance 100%of Rating Unbalanced load capability 100%of Rated Standby Current Peak motor starting kVA: (35%dip for voltages below) 480 V 4P7BX(12 lead) 180 480 V 4P8X(12 lead) 261 480 V 4P1OX(12 lead) 275 240 V 408X(4 lead) 121 240 V 4C/10X(4 lead) 144 . Application Data Engine Engine Electrical Engine Specifications Engine Electrical System Manufacturer John Deere Battery charging alternator: Engine model 4024HF285B Ground(negative/positive) Negative Engine type 4-Cycle,Turbocharged Volts(DC) 12 Cylinder arrangement 4 Inline Ampere rating 70 Displacement,L(cu.in.) 2.4(149) Starter motor rated voltage(DC) 12 Bore and stroke,mm(in.) 86 x 105(3.39 x 4.13) Battery,recommended cold cranking Compression ratio 18.2:1 amps(CCA): Piston speed,mrmin.(ft./min.) 375(1230) Quantity,CCA rating One,640 Main bearings:quantity,type 5,Replaceable Insert Battery voltage(DC) 12 Rated rpm 1800- Fuel Max.power at rated rpm,kWm(BHP) 60(80) Cylinder head material Cast Iron Fuel System Crankshaft material Ductile Iron Fuel supply line,min.ID,mm(in.) 11.0(0.44) Valve material: .Fuel return line,min.ID,mm(in.) 6.0(0.25) Intake Chromium-Silicon Steel Max.lift,engine-driven fuel pump,m(ft.) 3.0(10.0) Exhaust Stainless Steel Max.fuel flow,Lph(gph) 82(21.7) Govemor:type,make/model JDEC Electronic, Max.return line restriction,kPa(in.Hg) 35(10.3) Level 18,EUP Fuel prime pump Manual Frequency regulation,no-load to full-load Isochronous Fuel filter Frequency regulation,steady state i0.25% Secondary 5 Microns @ 98%Efficiency Frequency Fixed Water Separator Yes Air cleaner type,all models Dry Recommended fuel #2 Diesel Exhaust Lubrication Exhaust System Lubricating System Exhaust manifold type Dry Type Full Pressure Exhaust flow at rated kW,m3/min.(cfm) 12.0(423) Oil pan capacity,L(qt.) 7.3(7.7) Exhaust temperature at rated kW,dry Oil pan capacity with filter,L(qt.) 8.2(87) exhaust, °C(°F) 574(1066) Oil filter:quantity,type 1,Cartridge Maximum allowable back pressure, Oil cooler Water-Cooled kPa(in.Hg) 7.5(2.2) Exhaust outlet size at engine hookup, mm(in.) 63.5(2.5) Date Received: G5-359 (SOREOZJD) 6/12c JAN 302014 Original Submittal, • • Application Data Controllers Cooling I _.,1p Radiator System — m Ambient temperature, °C(°F)• 50(122) 6A0 Engine jacket water capacity,L(gal.) 2.6(0.7) m,q Radiator system capacity,including engine,L(gal.) 10.6(2.8) Decision-Maker°3000 Controller Engine jacket water flow,Lpm(gpm) 98(26) Provides advanced control,system monitoring,and system diagnostics Heat rejected to cooling water at rated for optimum performance and compatibility. kW,dry exhaust,kW(Btu/min.) 35,7(2030) • Digital display and menu control provide easy local data access • Measurements are selectable in metric or English units Heat rejected to air charge cooler at • Remote communication thru a PC via network or rated kW,dry exhaust,kW(Btu/min.) 10.9(621) serial configuration Water pump type Centrifugal • Controller supports Modbus®protocol Fan diameter,including blades,mm(in.) 597(23.5) • Integrated hybrid voltage regulator with±0.5%regulation • Built-in alternator thermal overload protection Fan,kWm(HP) 1.2(1.6) • NFPA 110 Level 1 capability Max.restriction of cooling air,intake and Refer to G6-100 for additional controller features and accessories. discharge side of radiator,kPa(in.H2O) 0.125(0.5) Enclosure reduces ambient temperature capability by 5°C(9°F). (fi •_ _ e Operation Requirements 1t Air Requirements h Radiator-cooled cooling air, Decision-Maker 550 Controller m3/min.(sctm)# 96( 00) Provides advanced control,system monitoring,and system diagnostics Combustion air,m3/min.(cfm) 4.3(152) with remote monitoring capabilities. Heat rejected to ambient air: • Digital display and keypad provide easy local data access Engine,kW(Btu/min.) 14.0(747) • Measurements are selectable in metric or English units • Remote communication thru a PC via network or Alternator,kW(Btu/min.) 7.6(435) modem configuration t Air density=1.20 kg/m3(0.075 Ibm/ft3) • Controller supports Modbus®protocol • Integrated voltage regulator with x0.25%regulation Fuel Consumption • Built-in alternator thermal overload protection h Diesel,Lph(gph)at%load Standby Rating • NFPA 110 Level 1 capability 100% 16.2 (4.3) Refer to G6-46 for additional controller features and accessories. 75% 12.1 (3.2) 50% 8.5 (2.2) 25% 5.0 (1.3) Diesel,Lph(gph)at%load Prime Rating 100% 13.7 (3.6) 75% 10.8 (2.9) 50% 7.6 (2.0) 25% 4.5 (1.2) Date Received: JAN 302014 65-359 (50REOZJD) 6/12c / Original Submittal • • KOHLER CO.,Kohler,Wisconsin 53044 USA Kohler Power Systems Phone 920-457-4441,Fax 920-459-1646 Asia Pacific Headquarters For the nearest sales and service outlet in the 7 Jurong Pier Road US and Canada,phone 1-800-544-2444 Singapore 619159 KohlerPower.com Phone(65)6264-6422,Fax(65)6264-6455 Standard Features Miscellaneous • Alternator Protection ❑ Air Cleaner,Heavy Duty • Battery Rack and Cables ❑ Air Cleaner Restriction Indicator • Oil Drain and Coolant Drain whose Barb ❑ Closed Crankcase Vent • Oil Drain Extension(with narrow skid and enclosure models only) ❑ Engine Fluids(oil and coolant)Added • Operation and Installation Literature • Radiator Drain Extension(with enclosure only) ID Rated Power Factor Testing ❑ Rodent Guards Available Options Literature Approvals and Listings ❑ General Maintenance ❑ CSA Approval ❑ NFPA 110 ❑ IBC Seismic Certification ❑ Overhaul ❑ UL2200 Listing ❑ Production Enclosed Unit Warranty ❑ Sound Enclosure(with enclosed critical silencer) ❑ 2-Year Basic ❑ Weather Enclosure(with enclosed critical silencer) ❑ 5-Year Basic Open Unit ❑ 5-Year Comprehensive ❑ Exhaust Silencer,Critical(kit:PA-324470) Other Options • ❑ Flexible Exhaust Connector,Stainless Steel ❑ Fuel System ❑ ❑ Flexible Fuel Lines ❑ ❑ Fuel Pressure Gauge ❑ ❑ Subbase Fuel Tanks ❑ Controller ❑ Common Failure Relay ❑ Communication Products and PC Software(550 controller only) . ❑ Customer Connection(550 controller only) ❑ Dry Contact(isolated alarm)(550 controller only) ❑ InpuVOutput Module(3000 controller only) Dimensions and Weights ❑ Remote Annunciator Panel Overall Size,Lx W x H,mm(in.): ❑ Remote Emergency Stop Wide Skid: 2300 x 1041 x 1133(90.55 x 40.98 x 44.61) ❑ Run Relay Narrow Skid: 1998 x 780 x 1067(78.66 x 30.71 x 42.01) Cooling System Weight(radiator model),wet,kg(lb.): 721 (1586) ❑ Block Heater,1500 W,110-120 V [recommended for ambient temperatures below 0°C(32°F)] ❑ Radiator Duct Flange Electrical System ❑ Alternator Strip Heater liii CI Battery 111_ ❑ Battery Charger,Equalize/Float Type ❑ Battery Heater D O ❑ Line Circuit Breaker(NEMA type 1 enclosure) t ❑ Line Circuit Breaker with Shunt Trip(NEMA type 1 enclosure) "W f L Paralleling System NOTE:This drawing is provided for reference only and should not be used for planning installation.Contact your local distridisar for mire detailed information. ❑ Reactive Droop Compensator ❑ Remote Speed Adjust Control/Electronic Govemor DISTRIBUTED BY: ❑ Voltage Adjust Control ❑ Voltage Regulator Relocation(550 controller only) Date Rece ved: C 2011,2012 by Kohler Co. Alldght5 reserved. 65-359 (SOREOZJD)0/12c JAN O 2014 Original Submittal ------- --leilittiqns leut6p0 ille 0 E Nig :Pameoe,, ■ a oleo or ..... ,1:- co 1 ., W , w t r..•- Q ; 'IS 5•• z.:::: 4 I-- ,S,' , , : ..!'•:=: Or N Z --• • 'ot CO o °P Cr • - im:t• •t' _i • 0 : 0 _: .3 coo. W “ z•-• C.tu 1 • 0- 0 b• 3----3- I • - kg X.n'e: — A-1111 HI i i 1 01 W 5 fi EITC,1,:. ... ci 1,—,r-] filia-:- 11 i 2 : ":"Ailffillifill _________..-1 • . ° .---LIL—t:(Itll-ltritlr . -10 <)_ I.-cr -I 0 x ': r r.1 r i •-•., ai hi .,..-,...p.,133-.H311-1 WI I 0 p_ =ci zr 51-I II ct 4 1- cc i- \"'I-Iii H 1 l i ._- - 0 . (-) - ...< .... • z J.-- 0 _,_ D . 0 s 1 1 0 W „-, (r) •,:i !: C - : •-: 11.1 U._I J ..., O -- f– t 1 1 Ct < Z 1 2 TT-1 T Ti i 0 cc P: O 08! o w w L D u_ I 1.14 0 Z -, -I ' ' 0 ° .51 x 0 g 0 < . • I Z .. _.‘" • i , W _ Q-,,,,Iu 0 : _ILL- N 0 ; .- - - t CD N Z frri 16 • . . O ---.n.,,= , II ,=4_1 r 11, .0 0 E i Li a) Lu z cu Cc tr— f i cic 1_. _J.-ti latc:•=.2.SA- 7711 - •i, I it o --# -rd-J2 L1] V) 0< • , 1 /112-(41 41-41F-114c 7c1-------■___________ d m 0 C‘l Cr o_g_.. Zr/ 1• /0 nr—r-fi-1 .-114 c'---r---. • 13 VI c ElfinEENE `-.•••• ----1 kit Id"! it I... -■ n-1 be 1 k a 1 • . If-76T Li • a> [ I_ H a .. 0 I ‘... i ID 1 a N, .■ ------lemwqns icul8po 410? 0 £ NW :penpoa?:, 94e° o I ,..., I al I 1 : 0 :— tl :-,f,:f• E :7 0 W ii, c.:,-,..., e I-- ct I -1 el? !it:, 8. a_ 0 ...e . C; et • - a- < < Z 111“I'i 1 .,.. .,--;,--- 1i I-a W <D ..... L. --.• ° I .„ c--, :--itcr-tEn tert.lre.? ; 1 — 0 X ca V < ..1.. ,71.1 i :t t.•,- I I 3 ] ,-- 1.0"/ZI 599 It 91:1 •:.:',-, W 1 111 --I tr-el 19 ---• --I L--.. •- . : ... . 4,4 - I-- 0 --1-1 ......_. . t e n og r" --. _ ja., ----..,-_--. , FA .. , _ 1 _ , , . i ..— -- --...r.- - r :.„ ; ..‘-sr-1__t_J—t_ it _ ,... _ z.__a_Lentil...),..t; ., _. _, "'- '‘. ii •n 7 : IMO ei , II ' - 1 \ tip]. I f. - : J', 1 ' ''' --; 7:- o z r, __Jr, • .7, 7 : -1. --4 1-1- -I - I ISLAY&Ohl,: I ..- 1 ,g111111111111tiiiiini .- I___! • tinniiia.,-seirtalsgais .L.' -Auti_nxitrkimigji„.,Aenc. - - -, 1: - e• Z 0 (..) Z , 0 J____T I I a iiiiiiii 1 - w - on ,- I-I: ---7,..,----- ---- — - Is 11 d,1 W Z •-- 0 u, ta - t S: - - • . -a 1 I-—_ •..., .--- • 71 - - ...-_ 17;17-1-1-ITT 0 cc mr, = • H 0 •E- ci Li.. LI x>i D Z (1 L91 61/ 1 1 , 0 --I 1311110 Ift711, 1 15 6,1 9,..:1 ,1 E 0 < until-1 LW! 1••-. 51•1 ccei g*1 Ct _ CL I-- i s.t 1 ....1 111,H 13n, fri e.r t 1 7 E' Z 1 I 1 -. : ova 110 V: On “./.. - 1 W --i• CV CD 1-1-1- —c 1 '`,..1 r Ml ' LL I „.__N- U 1 - i• sz-, - I I 1-1-1 0 C.1 Z •P I O 00 (-. 1 ..r• - - _ in 0 (...) 1/4....., = ••• _ t•-• _ I.- - 0 L. ------. ; in a) O _ - . 2,'i :_- - _ _ _ _ _c) -, ...) ... . _ ..., , = E o 0 a , = _ .._--• , a) W I 011uP.gjEr I 11. . • . cut& a * Co 0 • • .a. ° • “ ) ,i r.: .tAre._ .--t.- -r1 Y p. --V: L*__. 1c-cfri lc c) I 1 c -------—I _ _ ,A),(n...____._ - - r,1Tta IL_,...--.0 -41.. .. --- ----- to. I -11S;" w cr.. _ --; ---1-.. Wt,t- _I. q. v ! L....t. a ‘-';----—--1 - tirrut-ti3-74157-61:—77iEll'im---4-1.A' 1 —1 Ici. \ ,... _, ,..,:,„_,.:, ,,,.„ _ ,•-•:47c_.; : 9L 1 I • I 5.. • „....._ ..,,, .,., 0,.), = 1...-ler-C> 75 ..... ..... • 1,4 . z • = • -.. _ .., 4.4 _s "z •...•,, ..., r-. uv•vne ,< —.— .. 1 I --• . ,. 4•• J_ (/' - a .... I. 1 1 'Z 1 8L • E • ,0 ril cc£ r-- 1 1 1 5 IA Out, ' • —1" N, L i 161 re f 0 t z) et .-7111 tto.- 6-.-oo [0 991 sii 0:‘.--4...7 ,t-rt V ....- 00 =<LC, •re,0_i;:..7. • '" •-:-.....”:“.1..Jr. , -,a_A.-4-1.-.4- a) c• ,am: .- a:a: 00 ceo ,..,•,- - C I v 1 m I .„ • ..\ • • .ComPac® I & ComPac® II 2 to 6 Ton ejMarva .i r Vertical Wall Mount Air Conditioners AJRXCFL•.Inc. MO 11001 t ; }10AV ; Models AVPA24-30-36-42-48-60-72 and Refrige lip nt Models AVPSA36-42-48-60 z 411, General Description _._ J The Marvair® ComPac® I and ComPac®II air I' ' conditioners are used primarily to cool electronic and i """� communication equipment shelters. Due to the high internal heat load, these shelters require cooling even i' + when outside temperatures drop below 60°F (15°C). I t The ComPac I and ComPac II air conditioners have the I _ ( T necessary controls and components for operation during �' these (less than 60°F [15°C]) temperatures. All models 1 "_ e use the non-ozone depleting R-410A refrigerant. All i '? models use the non-ozone depleting R-410A refrigerant. -. = _. e•^ The primary difference between the two models is that '' the ComPac® II air conditioner has a factory installed �"-1 economizer. When cool and dry, the economizer uses r " outside air to cool the shelter. The economizer provides I — - v I- _ temperature control, energy cost savings, and increased , - _ reliability by decreasing the operating hours of the _ ) ` compressor and the condenser fan. The ComPac I and -„ti„ ComPac II air conditioners are problem solvers for a wide - I i range of conditions and applications. To insure proper AVPA36ACA-100C operation and optimum performance, all economizers are gac (������) non-removable, factory installed and tested. In addition, factory and hoot 5 ($j;►_ SA. e. field installed accessories can be used to meet specific requirements. „":;^°\�,J Models AVPSA36-42-48-60 have a 2-stage compressor with first stage cooling approximately 65% of the total cooling capacity. The 2-stage compressor provides lower start-up amps which can be critical when operating with a generator. The two stage compressor can also reduce energy costs and is able to more precisely match the cooling capacity of the air conditioner with the heat load in the shelter. Both ComPac I and ComPac II units are available with 2 stage compressors. See page 3 for a description of the operation of the 2-stage units when they are used with the CommStat 3 SCr® thermostat/ controller in a lead/lag installation. t`/ Safety Listed and Energy Certified 1, All ComPac air conditioners are built to UL standard 1995, 2nd edition and CAN/CSA C22, 4'.. No. 236-5, 2nd edition. For energy efficiency and performance, the units are tested and \i Iii` i' rated in accordance to the ANSI/ARI (Air-Conditioning and Refrigeration Institute) Standard \{ lf 390- 2003 (Single Package Vertical Units). All AVPA and HVPA units meet or exceed the efficiency requirements of ANSI/ASHRAE/IESNA 90.1.2007. The ComPac I and ComPac II air conditioners are commercial units and are not intended for use in residential applications. Date Received: *ComPace II air conditioner only JAN 3 0 2014 ) 4 1 CanPac RVPF PD,3/09 "al supersedes 2109 Original Submittal_l__. • • Standard Features Designed for Operation in Low • Three minute delay on make for galvanneal steel for maximum Ambient Conditions short cycle protection. cabinet life. (Other finishes are • Low ambient control cycles Remote Alarm Capability available.) condenser fan to maintain proper • Dry contacts can be used for Ease of Service refrigerant pressures. Allows remote alarm or notification upon • Service access valves are operation in mechanical cooling air conditioner lockout. standard. (compressor) down to 00F( - • 2" mm) pleated Note: low temperature Ease of Installation (50 mm leated filter operation is affected by ambient • Sloped top with flashing eliminates changeable from outside. conditions, e.g. wind and humidity. need of rainhood. • All major components are readily • Three minute by-pass of the • Built-in mounting flanges facilitate accessible. low pressure switch for start- installation and minimize chance • Front Control Panel allows easy up of compressor when outdoor of water leaks. access and complies with NEC temperatures are below 55°F • Supply and return openings clearance codes on redundant (13°C). exactly match previous models. side-by-side systems. • Factory built-in economizer.* • Factory installed disconnect on • LEDs indicate operational status High Efficiency all 208/230v units, optional 460V and fault conditions. • High efficiency compressor. units. • Lanced fins and rifled tubing on Rugged Construction many condenser&evaporator • Copper tube, aluminum fin coils. evaporator&condenser coils. 'Built-in Reliability • Factory installed heaters on • High pressure switch and low discharge side of evaporator coil pressure switch with lockout (optional) protects refrigerant circuit. • Baked on neutral beige finish over *ComPac® II air conditioner only • A Marvair® First - Factory Installed Economizer Marvair's ComPac® II air conditioner has been the industry standard since its introduction in 1986. Tens of thousands of ComPac II air conditioners are in operation from the metropolitan areas of North America to the deserts of the Mid-East to the Siberian tundra. Here's how the economizer works: On a signal from the wall mounted indoor thermostat that cooling is required, either mechanical cooling with the compressor or free cooling with the economizer is provided. A factory installed enthalpy controller determines whether the outside air is sufficiently cool and dry to be used for cooling. If suitable, the compressor is locked out and the economizer damper opens to bring in outside air. Integral pressure relief allows the interior - }0-1' air to exit the shelter, permitting outside air to enter the �.. `;� shelter. The temperature at which the economizer opens — is adjustable from 53°F (12°C) at 50% Relative Humidity to 78°F (26°C) at 50% Relative Humidity. • After the enthalpy control has activated and outside air mbeing brought into the building, the mixed air sensor • measures the temperature of the air entering the indoor = blower and then modulates the economizer damper to mix s` the right proportion of cool outside air with warm indoor - =E `\t air to maintain 50-56°F (10 - 13°C) air being delivered f = . _ to the building. This prevents shocking the electronic M components with cold outside air. The compressor is not permitted to operate when the economizer is functioning. _' If the outside air becomes too hot or humid, the economizer damper closes completely, or to a minimum open position with an optional minimum position potentiometer, and mechanical cooling is activated. ComPacs II Air Conditioner Model AVPA36ACA-1000 ComPac AVPA PD,3/03 2 Date Received: JAN 302014 Original Submittal_ • • Savings with an Economizer The following table shows the annual electrical cost of cooling a 10 ft. x 20 ft. x 9 ft. (3m x 6m x 2.7m) shelter in nine cities in the US. Costs are shown for an air conditioner without an economizer(ComPac I units), for an air conditioner with an economizer (ComPac II units) and the savings. The savings do not include any demand charges. The savings are based on the electrical usage of a five ton air conditioner and an electric rate of $.10 per kilowatt-hour, the approximate average commercial rate in the US. Hours of Operation Atlanta,GA Boston,MA Chicago,IL Dallas,TX Denver,CO Houston,TX Annual Compressor&Condenser Motor Run Time 6,531 6,348 6,361 6,628 6,472 6,655 without Economizer(Hrs.) Annual Compressor&Condenser Motor Run Time 3,841 2,153 2,424 3,798 750 4,970 with Economizer(Hrs.) Run Time Savings with the Economimizer(Hrs.) 2.690 4,195 3,937 _ 2 830 5,722 1,685 Annual Costs Saving(5)of 9.0 EER unit with an Economizer ComPac II) Annual Operating Cost 9.0 EER Unit without Economizer($), $4,100.00 $3,985.00 $4,792.00 $4,161.00 $3,657.00 $4,178.00 Annual Operating Cost 9.0 EER with Economizer' $2,685.00 $1,784.00 $2,315.00 $2,671.00 $940.00 $3,291.00 Annual Savings using 9.0 EER Unit with Economizer $1,415.00 $2,201.00 $2,477.00 $1,490.00 $2,717.00 $887.00 Hours of Operation Los Angeles,CA Miami,FL Phoenix,AZ Pittsburgh,PA Seattle,WA St.Louis,MO Annual Compressor&Condenser Motor Run 6,467 6,779 6,765 6,386 6,465 6,472 Time without Economizer(Hrs.) • Annual Compressor&Condenser Motor Run 3,862 6,391 3,106 1,929 1,654 2,716 Time with Economizer(Hrs.) Run Time Savings with the Economimizer(Hrs.) 7,605 388 3,659 4.457 4,811 3.756 Annual Costs Saving(5)of 10 SEER unit with an Economizer ComPac II Annual Operating Cost 10 SEER Unit without $4,060.00 $4,255.00 $4,247.00 $4,009.00 $3,653.00 $4,063.00 Economizer($)' Annual Operating Cost 10 SEER with $2,686.00 $4,051.00 $2,315.00 $1,667.00 $1,368.00 $2,090.00 Economizer' Annual Savings using 10 SEER Unit with $1,374.00 $204.00 $1,932.00 $2,342.00 $2,285.00 $1,973.00 Economizer Shelter Metrics: Air Conditioner Metrics: •10'x 20'x 9'building •ComPac II Economizer setting: 570F(wet bulb) •Internal heat gain(electronics load): 12,000 watts. •A/C unit capacity: 60,000 BTUH (5 tons)with 1-stage compressor •Building surface area (excluding floor area): 740 ft2 •Nominal EER(unit efficiency): 9.0(models AVPA)&10.6(models HVPA) •R-Value of walls and ceiling: R-12 •Cost of power: $.10 per KWH •Internal shelter temperature(Thermostat set point): 750F Operation of the 2-Stage Compressor Air Conditioners with a CommStat 3 SCTM Lead/Lag Thermostat Controller Marvair offers selected models of air conditioners with 2-stage compressors. These units can provide substantial energy savings and better control of temperature and humidity by matching the cooling requirement with the performance of the air conditioner. First stage is typically 65% of the total (2- stage) capacity of the air conditioner. When operated from power supplied by a generator, starting the air conditioner in 1-stage means lower start-up amps. When two, 2-stage air conditioners are controlled by a CommStat 3 SC lead/lag controller in a redundant application, one of the air conditioners is the lead unit and the second is the lag unit. On a call for cooling, the lead unit starts operation in the 1-stage (low capacity). If the temperature in the building continues to rise above the set point temperature, the 1-stage (low capacity) of the lag unit will be initiated. When the temperature in the building drops to the set point, the air conditioners will turn off. On a subsequent call for cooling the process will repeat. If the set point temperature is not reached with 1-stage capacity operation of both air conditioners after approximately six minutes (this time period is field adjustable), the lead air conditioner will commence operation in 2-stage (full capacity). If the temperature in the building continues to rise past the setpoint, the lag unit will switch to 2-stage cooling approximately six minutes (field adjustable) after it began operation. At that time, both air conditioners are operating in maximum capacity. When the temperature in the building is satisfied, both units will turn off. If the units have economizers (ComPac II air conditioners), the enthalpy sensor determines whether to use outside air or use mechanical cooling. When the economizer is used, the compressors do not operate. Date Received: 3 JAN 3 0 201i'ac AVPA P0,3/09 Original Submittal • • Controllers and Thermostats Controllers Thermostats &Thermostat Guards CommStat3TM Lead/Lag Microprocessor Controller Thermostat P/N 50123 P/N 5/04581 Digital thermostat. 1 stage heat, 1 stage cool. 7 day Solid state controller designed to operate a fully or programmable. Fan switch: Auto & On. Auto-change partially redundant air conditioning system. Insures over. Keypad lockout. Non-volatile program memory. equal wear on both air conditioners while allowing the Thermostat P/N 50107 lag unit to assist upon demand. Lead/ lag changeover Digital thermostat. 2 stage heat, 2 stage cool. 7 day is factory set at 7 days, but is field programmable programmable. Fan switch: Auto &On. Auto-change in 1/2 day increments from 1/2 to 7 days. The over. Status LED's. Backlit display. Programmable fan. CommStat 3TM Controller has LED's to indicate status Non-volatile program memory. &function, digital display of temperature, a comfort Thermostat Guard P/N 50092 override button for energy savings, five alarm Thermostat guard for use with the 50123 and relays, a built in temperature sensor and is fully 50107 thermostats. programmable. See CommStet 3TM Controller Product Thermostat P/N 50186 Data Sheet for details on operation & installation. Digital, non-programmable thermostat. 1 stage cool LL357D3 Lead/Lag Controller P/N 5/06671 and 1 stage heat. Auto-changeover. Two stage heat and cool thermostat with solid state WebStat P/N S/06696 module for redundant operation. (See the LL357D3 Internet enable thermostat/controller. Provides real Product Data Sheet for details.) time system status from a web page or a password protected OPC enabled computer running MS Excel®. The WebStat allows remote users to view or change set points. See the WebStet Product Data Sheet. Accessories Supply Grilles Security Cages. Deters theft of the air conditioner For AVPA24 and components. Constructed of 1" by 11 gauge 20" x 8" (508 mm x 203 mm) P/N 80674 square tube and 3/4", It 9 expanded metal. Hinges For AVPA30,36 and latch are made from steel plate. The complete 28"x 8" (711 mm x 203 mm) P/N 80675 cage is powder coated for longevity and to match the For AVPA42,48,60,72 color of Marvair air conditioners. Field installed. 30"x 10" (762 mm x 254 mm) P/N 80676 _ Return Grilles I. '� For AVPA24 ° �;`4}s 20"x 12" (508 mm x 305 mm) P/N 80677 For AVPA30,36 picy 28" x 14" (711 mm x 356 mm) P/N 80678 1 iy For AVPA42,48,60,72 30"x 16" (762 mm x 406 mm) P/N 80679 I - : Return Filter Grilles Used when filter must be changed from the interior. ) - R4.". Not recommended for ComPac® II air conditioner. ' Note: Filter used in Return Filter Grille is 1" (25 mm) 4:4$2:4 16)4 thick. For AVPA24 + jr 20"x 12" (508 mm x 305 mm) P/N 80671 b kt +4�r J, . For AVPA30,36 % IT 28"x 14" (711 mm x 356 mm) P/N 80672 sl For AVPA42,48,60,72 30"x 16" (762 mm x 406 mm) P/N 80673 Date Received: ComPac AVPA PD,3/03 5 JAN 3 0 2014 Original Submitfsl_� Options The ComPace I and ComPace II air conditioners with MERV ratings of 11, 13 and 14 when tested to were designed and are built to stringent requirements ASHRAE 52.2. Units with economizers have a prefilter of the communications/electronic shelter. Applications on the outside air. occur that have special requirements. Numerous Color - ComPac® I and ComPac® II air conditioners options are available for the ComPac I and ComPac II are available in five different cabinet colors -the air conditioners that meet these special needs. standard Marvair® beige and white, gray, brown Hard Start Kit - Used on single phase equipment to and dark bronze. The standard cabinet's sides, give the compressor higher starting torque under low top and front panels are constructed of 20 gauge voltage conditions. (Field installed only) (Note: Not painted steel. As an option, these panels can be built recommended for use on scroll compressors.) of 16 gauge steel in beige & gray or .050 stucco Dehumidification - ComPac® I and ComPac® II A/C aluminum. When the 16 gauge painted steel or the - Humidity controller overrides thermostat and allows aluminum is used, only the side, top and front panels electric heat to operate simultaneously with cooling. are 16 gauge or aluminum. Contact your Marvair See Dehumidification Application Bulletin for details. representative for color chips. The cabinet can also Note: The electrical characteristics and requirements be constructed of type 316 stainless steel. Two of air conditioners with the dehumidification option stainless steel cabinet constructions are available- the are different from standard air conditioners. Refer complete cabinet, including most internal sheet metal to the appropriate Summary Rating Charts for the or only the exterior sheet metal. electrical characteristics of units with Electric Reheat. Protective Coil Coatings - Either the condenser Coastal Environment Package - ComPace I A/C or evaporator coil can be coated, however, coating only - Recommended for units to be installed near of the evaporator coil is not common. For harsh an ocean or on seacoast. Includes corrosion resistant conditions, e.g., power plants, paper mills or sites fasteners, sealed or partially sealed condenser fan were the unit will be exposed to salt water, the motor, protective coating applied to all exposed coil should be coated with either an impregnated internal copper and metal in the in the condenser polyurethane or a phenolic. The coatings are sprayed section and an impregnated polyurethane coating on and pass 3,000 hours of B117 salt fog test. Note: on the condenser coil. See Coastal Environmental Cooling capacity may be reduced by up to 5% on Technical Bulletin for more details. units with coated coils. External Low Noise Blower (ELNB) - Com Pac® I Factory Installed Disconnects on 460V Units - and ComPac® II A/C - A field installed kit that Factory installed disconnects are standard on all 208- consists of a condenser air hood, a centrifugal 230V, 2 through 6 ton units. As an option, all 460V. blower, controls and a compressor jacket to reduce units may be ordered with a disconnect. the sound level by up to 6 dbA of Marvair ComPac Extended Warranty - A first year labor - Silver, and air conditioners. Available for models AVP30-60. See a two year labor - Gold, are available. External Low Noise Blower Product Data Sheet for Dirty Filter Indicator - A factory installed option details. that measures the difference in pressure across ComPaco II Air Conditioner Transition Curb the internal filter and illuminates a LED when the - ComPac II A/C only - A sheet metal curb that pressure exceeds the desired difference. enables a 3-1/2, 4 or 5 ton ComPac II air conditioner Single Point Power Entry - A field installed to replace a 2-1/2 or 3 ton ComPac II unit. Curb option that allows a single power entry into the air transitions supply and return openings of the 3-1/2, 4 conditioner. Single point power entry should only be and 5 ton units to the smaller openings. selected when the air conditioner has two electrical Economizer Damper Control - ComPac® 11 A/C circuits. See the Summary Ratings Charts for units only - A minimum position potentiometer that can with two electrical circuits. be adjusted to prevent the economizer damper Phase Monitor - Monitors 30 power supply and will from closing completely. This control ensures that turn the air conditioner off if power supply is not whenever the evaporator fan is operating, fresh air phased properly. Not required on 10 units. is being introduced into the building. Field or factory installed. Thermal Expansion Valve - Available on all ComPac air conditioners. Allows operation in hot ambient Hot Gas By-pass - ComPac® I A/C Only - Used temperatures, in specialty applications; i.e., Magnetic Resonance Imaging (MRI) buildings, to prevent magnetic voltage Sealed Condenser Fan Motors - Recommended on disturbance caused by compressor cycling. Hot units to be installed corrosive sites, e.g., near the gas by-pass option packages are available to allow ocean and in deserts with blowing sand. Available on operation to 20°F (-7°C). Please refer to Hot Gas By- all units. pass Application Bulletin for details. Not available on Compressor Sound Jacket - To reduce sound of the AVPA24. compressor. High Filtration - Units are built with larger Date Received: blowers/motors for use with higher efficiency filters JAN3 0 2014 CanPx AVPA PD,3/09 Original Submittal Control Box The internal control board in the ComPac® air conditioners simplifies wiring, consolidates several of the electrical functions onto one device and improves the reliability of the air conditioner. In addition, the control board has LED's that indicate operational status and fault conditions. LED Indicator Lights COLOR TYPE STATUS DESCRIPTION Green Power Constant On 24 VAC power has been applied Constant On Normal operation Red Status 1 Blink High pressure switch has opened twice 2 Blinks Low pressure switch has opened twice 3 Blinks Freeze stat (optional) - indoor coil temperature is below 35°F (1°C) Modes of Operation Normal Start-ua: On a call for cooling, and the with the high pressure switch closed, the cooling system (compressor, indoor blower motor and outdoor fan motor) will be energized. (Note: See the Delay on Make feature). The cooling system will remain energized during the three minute low pressure switch bypass cycle. If the low pressure is closed, the cooling system will continue to operate after the three-minute bypass. If the low pressure switch is open after the three-minute bypass, the cooling system will be de-energized. I nrknnt Mode: If either the high or low pressure switch opens twice on the same call for cooling, the control board enters into the lockout mode. In the lockout mode, the compressor is turned off, the alarm output is energized and the status LED's will blink to indicate which fault has occurred. If there is a call for air flow, the indoor blower will remain energized. When the lockout condition has cleared, the unit will reset if the demand of the thermostat is removed or when power is reset. The ComPac® air conditioners are factory wired for normally open contacts. The user can now have normally closed contacts by moving a wire on the control board. Qelav on Make: On initial power up or on resumption of power, the air conditioner will wait .03 to 10 minutes from a call for cooling before allowing the contactor to energize. Model Identification AVP S A • AC • • • • T T T Refriaer8pt Power Suooly 5rwrial Option CM= A= R410A A= 208/230V,10,60Hz R= Electric Reheat C= 208.230V,30,60Hz U= Scroll Comp. D= 460V,30,60H2 Nominal rgpfipg 24 = 24,000 BTUH 30 = 30,000 BNH configuration 2-Stage 36 = 36,000 BTUH N= ComPd e I A/C Compressor 42= 42,000 BTUH C= ComPac II A/C 48=48,000 BEM 60= 60,000 BTUH 72 = 72,000 BTUH Air source S1rRem T°Oe Flerrrir Heat-kW Vertical Air Conditioner 000=No Heat 090=9 kW Package 040=4 kW 100= 10 kW 050=5kW 150 = 15 kW 080-8 kW Date Received: ComPac AVPA P0,3/09 6 JAN 3 0 2014 Original Submittal_ ._ • • • AVPA Summary Ratings (Wire Sizing) - Scroll Compressor ELECT.HEAT 000=None 040-4kw 050=5 kw 060=6 kw 080=8 kw 090=9 kw 100=10kw 120=12 kw 150=15 kw BASIC VOLTAGE CET#1 CRT e1 CAT fl OCT f CKT Al OCT Al CAT RI OCT SI CKT R2 CCT Al CKT f2 MODEL PHASE MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MES MCA MF5 MCA MPS MCA MFS MCA MFS AVPA24ACA 208-230/1 18.9 30 22.3 30 22.4 30 32.7 35 93.0 45 53.5 60 AVPA3OACA 208-230/1 21.9 35 23.4 35 28.5 35 33.8 35 49.1 45 54.6 60 23.4 35 41.6 45 28.5 35 52.1 60 AVPA36ACA 208.230/1 261 90 26,7 90 28.5 40 33.8 40 99.1 45 54.6 60 26.7 90 91.6 45 28.5 90 52.1 60 AVPA42ACA 208-230/1 30.7 50 30.7 50 55.2 60 30.7 50 41.6 95 30.7 50 52.1 60 AVPA48ACA 208-230/1 33.2 50 33.2 SO 55.2 60 33.2 50 91.6 95 33.2 50 52.1 60 AVPA60ACA 208-230/1 90.8 60 40.8 60 57.3 60 90.8 60 91.6 95 40.8 60 52.1 60 AVPA72ACA 208-230/1 95.6 60 45.6 60 57.3 60 45.6 60 91.6 95 45.6 60 52.1 60 AVPA24ACC 208-230/3 13.3 20 19.4 20 28.5 30 37.5 40 AVPA3OACC 208-230/3 15.6 20 20.5 25 29.6 30 38.6 40 47.6 50 AVPA36ACC 208-230/3 20.8 30 20.8 30 29.6 30 38.6 90 92.6 50 AVPA42ACC 208-230/3 22.9 35 22.9 35 30.2 35 39.2 40 48.2 50 AVPA48ACC 208-230/3 23.0 35 23.0 35 30.2 35 39.2 40 48.2 50 AVPA6OACC 208-230/3 27.5 40 27.5 90 32.3 40 41.3 45 50.3 60 AVPA72ACC 208.230/3 36,1 50 36.1 50 36.1 50 91.3 50 50.3 60 AVPA240.03 460/3 7.8 15 9.7 15 14,2 15 18.7 20 23.2 25 AVPA3OACD 460/3 9.2 15 10.3 15 14.8 15 19.3 20 23.8 25 AVPA36ACD 460/3 9.7 15 10.3 15 19.8 15 19.3 20 23.8 25 AVPA42ACD 460/3 10.6 15 10.6 15 15.1 20 19.6 20 24.1 25 AVPA48ACD 460/3 10.7 15 10.6 15 15.1 20 19.6 20 24.1 25 AVPA6OACD 460/3 13.6 20 13.6 20 16.1 20 20.6 25 25.1 30 AVPA72ACD 460/3 17,3 25 17.3 25 17.3 25 20.6 25 25.1 30 MCA=Minimum Circuit Ampaciy(Wire Size Amps).MFS=Maximum Fuse Size or HACR circuit breaker. MCA and MFS calculated at 240V. AVPA Summary Ratings (Wire Sizing) - Reheat with Scroll Compressor ELECT.HEAT 000= 040= 050=5 kw 060=6kw 090=9 kw 100=10 kw 120=12 kw 150=15 kw None •kw 8 kw Reheat(ACA) 10 kw Reheat(ACA) BASIC VOLTAGE OCT RI OCT#1 CKT#1 CKT 02 CKT#1 CKT#1 CKT#t CKT A2 CKT At CKT#2 CKT 01 CKT A2 MODEL PHASE MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA NFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MPS MCA MFS AVPA24ACA 208-230/1 18.9 30 39.8 40 44.9 45 50.2 60 18.9 30 52.1 60 AVPA3OACA 208-230/1 21.9 35 42.8 45 47.9 50 53.2 60 21.9 35 52.1 60 23.4 35 41.6 45 28.5 35 52.1 60 AVPA36ACA 208-230/1 26.7 40 47.6 50 52.2 60 57.9 60 26.7 40 52,1 60 26.7 40 41.6 45 28.5 40 52.1 60 AVPA42ACA 208-230/1 30.7 50 30.7 50 26.0 30 30.7 50 52.1 60 30.7 50 41,6 45 30.7 50 52.1 60 AVPA48ACA 208-230/1 33.2 50 33.2 50 26.0 30 33.2 50 52.1 60 33.2 50 41.6 45 33.2 50 52.1 60 AVPA6OACA 208-230/1 40,8 60 40.8 60 26.0 30 40.8 60 52.1 60 40.8 60 41.6 45 40.8 60 52.1 60 AVPA72ACA 208-230/1 45,6 60 45.6 60 26.0 30 45.6 60 52.1 60 45.6 60 41.6 45 45.6 60 52.1 60 AVPA24ACC 208-230/3 13.3 20 31.3 35 40.4 45 49.4 50 13.3 20 45.1 50 AVP8308CC 208-230/3 15.6 20 33.6 35 92.2 45 51.7 60 15.6 20 45.1 50 AVPA36ACC 208-230/3 20.8 30 38.8 40 47.9 50 56,9 60 20.8 30 45.1 50 AVPA42ACC 208-230/3 22.9 35 40.9 40 50.0 60 22.9 35 36.1 40 22.9 35 45.1 50 AVPA48ACC 208-230/3 23.0 35 41.0 45 50.2 60 23.0 35 36,1 40 23.0 35 45.1 50 AVPA6OACC 208-230/3 27.5 40 45.5 50 54.6 60 22.5 40 36.1 40 27.5 40 45.1 50 AVPA72ACC 208-230/3 36.1 50 54.1 60 36.1 50 36.1 40 36.1 50 45.1 50 AVPA24ACD 460/3 7.8 15 16.8 20 21.3 25 25.8 30 30.3 35 AVPA3OACD 460/3 9.2 15 183 20 22.2 25 27.2 30 31.7 35 AVPA36ACD 460/3 9.7 15 183 20 23.2 25 27.7 30 32.2 35 AVPA42ACD 460/3 10.6 15 19,6 20 23.3 25 28.6 30 33.1 35 AVPA48ACD 460/3 10.2 15 19,7 20 24.2 25 28,7 30 33,2 35 AVPA6OACD 460/3 13,6 20 22.6 25 22.1 30 31.6 35 36.1 40 AVPA22ACD 460/3 12.3 25 26.3 30 30.8 35 35.3 40 39.8 40 - MCA=Minimum Circuit Ampaoty(Wire Size Amps).MFS=Maximum Flee Size or HACR cucud breaker. MCA and MFS calculated at 240V. Date Received: JAN 3 0 MAAVV�P(A PD,3/09 Original Submittal__f 1�.______ • • • AVPA Electrical Characteristics COMPRESSOR OUTDOOR FAN MOTOR INDOOR FAN MOTOR BASIC MODEL VOLTS RLA LRA MCC VOLTS RPM FLA HP VOLTS RPM FLA HP AVPA24ACA 208/230-60-1 12.8 69.0 20.0 208/230-60-1 1075 1.5 1/5 208/230-60-1 1075 1.4 1./4 AVPA30ACA 208/230-60-1 19.1 77.0 22.0 208/230-60-1 1075 1.8 1/9 208/230-60-1 1075 2.5 1/4 AVPA36ACA 208/230-60-1 1.7.9 112.0 28.0 208/230-60-1 1075 1.8 1/4 208/230-60-1 1.075 2.5 1/4 AVPA42ACA 208/230-60-1 19.8 109.0 51.0 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPA48ACA 208/230-601 21.8 117.0 34.0 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPA6OACA 208/230-60-1 26.2 139.0 41.0 208/230.60.1 825 2.8 1/3 208/230-60-1 1075 5.2 3/4 AVPA72ACA 208/230-60-1 30.1 158.0 47.0 208/230-60-1 825 2.9 1/2 208/230-60-1 1075 5.2 3/4 AVPA24ACC 208/230-60-3 8.3 61.0 13.0 208/230-60-1 1075 1.5 1/5 208/230-60-1 1075 1.9 1/4 AVPA3OACC 208/230-60-3 9.0 71.0 14.0 208/230-60-1 1075 1.8 1/4 208/230.60-1 1075 2.5 1/4 AVPA36ACC 208/230-60-3 13.2 88.0 20.6 208/230-60-1 1075 1.8 1/4 208/230-60-1. 1075 2.5 1/4 AVPA42ACC 208/230-60-3 13.6 83.1 21.2 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1. 1/2 AVPA48ACC 208/230-60-3 13.7 83.1 21.4 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPA60ACC 208/230-60-3 15.6 111.0 24.4 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 5.2 3/4 AVPA72ACC 208/230-60-3 22.4 149.0 35.0 208/230-60-1 825 2.9 1/2 208/230-60-1 1075 5.2 3/9 AVPA24ACD 460-60-3 5.1 28.0 8.0 208/230-60-1 825 1.5 1/5 208/230-60-1 1075 1.4 1/4 AVPA30A00 460-60-3 5.6 38.0 8.8 208/230-60-1 1.075 1.8 1/4 208/230-60-1 1075 2.5 1/4 AVPA36AC0 960-60-3 6.0 49.0 9.3 208/230-60-1 1075 1.8 1/4 208/230-60-1 1075 2.5 1/4 AVPA42ACD 460-60-3 6.1 91.0 9.5 208/230-60-1 1.075 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPA48ACD 460-60-3 6.2 41.0 9.7 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPA60AC0 960-60-3 7.7 52.0 12.1 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 5.2 3/4 AVPA72ACD 960-60-3 10.6 75.0 16.5 208/230-60-1 825 2.9 1/2 208/230-60-1 1075 5.2 3/9 RLA=Rated Load Amps LRA-Lucked Rotor Amps MCC=Maximum Cununuous Current FLA=Full Mad Amps AVPA Unit Load Amps BASIC VOLTAGE CURRENT LOAD OF RESISTIVE HEATING ELEMENTS ONLY(AMPS) TOTAL MAXIMUM HEATING AMPS(STANDARD UNIT) MODEL PHASE AMPS NUMBER HERTZ AC IBM 04 kW 05 kW 06 kW OB kW 09 kW 10kw 12 kW 15 kW 04 kW 05 kW 06 kW 08 kW 09 kW 10 kW 12 kW 15 kW AVP24ACA 208-230/1/60 15.7 1.4 16.7 20.8 25.0 33.3 n/a 41.7 n/a n/a 18.1 22.2 26.4 34.7 n/a 43.1 n/a n/a AVP30ACA 208-230/1/60 18.4 2.5 16.7 20.8 25.0 33.3 n/a 41.7 50.0 62.5 19.2 23.3 27.5 35.8 n/a 44.2 52.5 65.0 AVP36ACA 208-230/1/60 22.2 2.5 162 20.8 25.0 33.3 n/a 41.7 50.0 62.5 19.2 23.3 27.5 35.8 n/a 44.2 52.5 65.0 AVP42ACA 208-230/1/60 25.7 3.1 n/a 20.8 n/a n/a n/a 41.7 50.0 62.5 n/a 23.9 n/a n/a n/a 44.8 53.1 65.6 AVP48ACA 208-230/1/60 27.7 3.1 n/a 20.8 n/a n/a n/a 41.7 50.0 62.5 n/a 23.9 n/a n/a n/a 44.8 53.1 65.6 AVP60ACA 208-230/1/60 34.2 5.2 n/a 20.8 n/a n/a n/a 41.7 50.0 62.5 n/a 26.0 n/a n/a n/a 46.9 55.2 67,7 AVPI2ACA 208-230/1/60 38.2 5.2 n/a 20.8 n/a n/a n/a 41,7 50.0 62.5 n/a 26.0 0/a n/a n/a 46.9 55.2 67.7 AVP24ACC 208-230/3/60 11.2 1.4 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a n/a 1518 n/a 23.1 n/a 30.3 37.5 AVP3OACC 208-230/3/60 13.3 2.5 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a n/a 16.9 n/a 24.2 n/a 31.4 38.6 AVP36ACC 208-230/3/60 17.5 2.5 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a n/a 16.9 n/a 24.2 n/a 31.4 38.6 AVP42ACC 208-230/3/60 19.5 3.1 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a n/a 17.5 n/a 24.8 n/a 32.0 39.2 AVP48nCC 208-230/3/60 19.6 3.1 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a Wa 17.5 n/a 24.8 n/a 32.0 39.2 AVP6OACC 208-230/3/60 23.6 5.2 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a n/a 19.6 n/a 26.9 n/a 34.1 41.3 AVP72ACC 208-230/3/60 30.5 5.2 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a n/a 19.6 n/a 26.9 n/a 34.1 41.3 AVP24ACD 460/3/60 6.6 0.7 n/a Wa 7.2 n/a 10.8 n/a 14.4 18.0 n/a n/a 7.9 n/a 11.5 n/a 15.1 18.7 AVP30ACD 460/3/60 7.8 1.3 n/a n/a 7.2 n/a 10.8 n/a 14.4 18.0 n/a Wa 8.5 n/a 12.1 n/a 152 19.3 AvP36ACD 460/3/60 8.2 1.3 n/a n/a 7.2 n/a 10.8 n/a 14.4 18.0 n/a Wa 8.5 n/a 12.1 n/a 15.7 19.3 AVP42ACD 460/3/60 9.1 1.6 0/a Wa 7.2 n/a 10.8 n/a 14.4 18.0 Wa n/a 8.8 n/a 12.4 n/a 16.0 19.6 AVP48A03 460/3/60 9.2 1.6 n/a n/a 7.2 Wa 10.8 n/a 140 18.0 n/a n/a 8.8 n/a 12.4 n/a 16.0 19.6 AVP60ACD 460/3/60 11.7 2.6 n/a n/a 7.2 n/a 10.8 n/a 14.4 18.0 Wa n/a 9.8 n/a 13.4 n/a 17.0 20.6 AVP72ACD 460/3/60 14.7 2.6 n/a n/a 7.2 n/a 10.8 n/a 14.4 18.0 n/a Wa 9.8 n/a 13.4 n/a 17.0 20.6 •Heating kW shown for 240V. Derate heat output by 25%for 208V service. •-Total heating amps for ALL ACA units with 15kW includes both dreuits(e1 and E2) ••-Heater kW shown for 480V. NOTE:Three phase equipment contains single-phase motor loads.Values shown are maximum phase lads.Loath are not equally balanced on oath phase.Total cooling and total Mating amps include motor loads. Date Received: JAN 302014 CanPac AVPA PD,3/09 8 Original Submittal- • • AVPA Certified Efficiency and Capacity Ratings @ ARI Standard 390 24 30 36 42 48 60 72 MODEL - I ' G I I I I ' ' AG ACC ACD ACA ACC ACD AG ACC ACD A ACC ACD ACA ACC ACD AG ACC ACD AG ACC ACD COOLING BTUH 24,000 30,000 35,500 42,500 47,000 56,500 63,000 71,000 EER 9.10 9.80 9.40 9.10 9.10 9.00 10.30 10.00 RATED CFM 840 - 1000 1220 1520 1760 1850 2050 ESP 0.10 0.15 .015 0.15 0.20 0.20 0.20 I 0.25 Cooing rated at 95•F outdoor and Kle/67•F indoor. Air now ratings are for unit wigs 84'N'ventilation mntieuratia,and an outside air. Pe.rormance cote be affected by altitude. AVPA Efficiency and Capacity Ratings 24 30 36 42 48 60 72 MODEL ACA I ACC I ACD ACA I ACC I ACD ACA I ACC I ACD ACA I ACC I ACD ACA I ACC I ACD AG I ACC I ACD ACA ACC I ACD COOLING BTUH 24,000 30,000 35,500 42,500 47,000 56,500 63,000 71,000 SEER 10.55 11.60 10.85 9.75 10.50 10.10 11.70 11.30 RATED CFM 840 1000 1220 1520 1760 1850 2050 ESP 0.10 0.15 .015 0.15 0.20 0.20 0.20 I 0.25 Cooling rated at 95•F outdoor and ed•/67eF indoor. Air now ratings are for unit MN the'H-ventilation mMSuradm and no outside wit Newman MII be affected by altitude. AVPA Performance Chart Data based on 80°F(26.5°C) DB/67°F (19.5°C)Wet Bulb Return Air Temperature at Various Outdoor Temperatures at rated CFM. Model 75.11/20°C 14191/26.5°C 85•F/29eC 90•F/II°C 95•P/35°C 100•1/38•C 105er/40.54 1104/43.3•C 115eF/46•C 24 27,840 26,880 25,920 24,960 24,000 23,040 22,080 21,120 20,640 30 34,800 33,600 32,400 31,200 30,000 28,800 27,600 26.400 25,800 36 41,180 39,760 38,340 36,920 35,500 34,080 32,660 31,240 30,530 42 49,300 47,600 45,900 44,200 42,500 40,800 39,100 37,400 36,550 48 54,520 52,640 50,760 48,880 47,000 45,120 43,240 41,360 40,420 60 65,540 63,280 61,020 58,760 56,500 54,240 51,980 49,720 48,590 72(10) 73,080 70,560 t 68,040 65,520 63,000 60,400 57,960 55,440 54,180 72(30) 82,360 79,520 76,680 73,840 71,000 68,160 65,320 62,480 , 61,060 The cooling opacity of the AVPA72 three phase units is 2,000 BTUH lower when operated on 208 volts. AVPA Sensible Total Ratio @95°F (35°C) Outside Air DB MODEL 24AC 3OAC 36AC •2AC 48AC 60AC 72AC(1 Ph) 72AC(3 Ph) TOTAL CAPACITY 24,000 30,000 35,500 42,500 47,000 56,500 63,000 71,000 SENSIBLE HEAT RATIO 0.69 0.74 0,69 075 0.75 0.69 0.70 0.66 SENSIBLE CAPACITY 16,500 22,100 24,340 31,820 35,300 39,190 44,000 46,570 RATED CFM 840 1,000 1,220 1,520 1,760 1,850 2,050 2,050 ESP 0.10 0.15 0.15 0.15 0.20 0.20 0.20 0.25 Sensible ratios based upon AR1 standard 390 return air conditions of 80°F(26.5°C)Dry Bulb/67°F(19.5°C)Wet Bulb AVPA CFM @ ESP (Wet Coil) MODEL 0.10 0.20 0.25 0.30 0.40 0.50 AVPA24 860 810 740 670 AVPA30 1100 1000 960 920 810 AVPA36 1310 1220 1185 1150 1060 AVPA42 1650 1585 1520 1450 1360 AVPA48 1900 1830 1760 1700 1620 AVPA60 1900 1830 1760 1700 1620 AVPA72 2100 1950 1800 1730 1660 Air flow ratings of 208-230 volt units are at 230v.Air flow ratings of 460 volt units are at 460 volts.Operation of units at a Date Received: voltage different from the rating point will affect air flow. {.y,8g11G5 AP 29149 Original Submittal /4 • r AVPSA CFM @ ESP (Wet Coil) MODEL 0.10 0.20 0.25 0.30 0.40 0.50 AVPSA36 1310 1.220 1185 1150 1060 - AVPSA42 1650 1585 1520 1450 1360 AVPSA4S 1900 1830 1760 1700 1620 AVPSA60 1900 1830 1760 1700 1620 Air flow ratings of 208-230 volt units are at 230v.Air Flow ratings of 460 volt units are at 460 volts.Operation of units at a voltage di0erent from the rating point will affect air flow. AVPSA Summary Ratings (Wire Sizing) - Scroll Compressor ELECT.HEAT MO=Hone 040=•kw 050=5 kw 060=6 kw 080=8 kw 090=9 kw 100=10 kw 120=12 kw 150=15 Itw BASIC VOLTAGE OCT*1 CKT#1 CKT PI CRT#1 CKT Al CKT SI CKT#1 OCT Al CKT A2 CKT Yl CKT B2 MODEL PHASE MCA MIS MCA MIS MCA MF5 MCA MIS MCA MIS MCA MIS MCA MIS MCA MFS MCA Mrs MCA MIS MCA MIS AVPSA36ACA 208-230/1 25.1 40 25.1 40 28.5 40 33.8 40 94.1 95 54.6 60 25.1 40 41.6 45 28.5 40 52.1 60 AVPSA42ACA 208-230/1 26.7 40 29.1 40 55.2 60 26.7 40 41.6 45 29.1 40 52.1 60 AVPSA48ACA 208-230/1 32.3 50 32.3 50 55.2 60 32.3 50 41.6 45 32.3 50 52.1 60 AVP5A60ACA 208-230/1 40.0 60 40.0 60 57.3 60 40.0 60 41.6 45 40.0 60 52.1 60 AVPSA36ACC 208-230/3 18.2 25 22.3 25 29.6 30 38.6 40 47.6 50 AVPSA42ACC 208-230/3 22.7 35 23.9 35 30.2 35 39.2 40 48.2 50 AVPSA46ACC 208-230/3 22.7 35 23.9 35 30.2 35 39.2 40 48.2 50 AVPSA6OACC 208230/3 30.0 40 30.0 40 32.3 40 41.3 95 50.3 60 AVPSA36ACD 460/3 7.8 15 10.3 15 14.8 15 19.3 20 23.8 25 AVPSA42ACD 460/3 10.6 15 106 15 15.1 20 19.6 20 24.1 25 AVPSA48ACD 960/3 11.0 15 10.6 15 15.1 20 19.6 20 24.1 25 AVPSA6OACD 460/3 15.3 20 15.3 20 16.1 20 20.6 25 25.1 30 MCA=Minimum Circuit Ampacity(Wire Sire Amps).MFS=Maximum Fuse Size or HACR circuit breaker. MCA and MFS Calculated at 240V. AVPSA Summary Ratings (Wire Sizing) - Reheat with Scroll Compressor - ELECT.HEAT 000= 040= OSO=S kw 060=6 kw 090=9 kw 100=10 kw 120=12 kw 150=15 kw None 4 kw B kw Reheat(ACA) 10 kw Reheat(ACA) BASIC VOLTAGE CRT P1 CRT P1 CKT*1 OCT#2 CKT Al CKT Al CKT RI CKT#2 CRT Al CKT#2 CRT#1 CKT P2 MODEL PHASE MCA MFS MCA MFS MCA MFS MCA MIS MCA MIS RCA MIS MCA MIS MCA MIS MCA MIS MCA MIS MCA MIS MCA MIS AVISA36ACA 208-230/1 25.1 40 46.2 50 51.1 60 56.3 60 25.1 40 52.1 60 25.1 40 41.6 45 25.1 40 52.1 60 AVPSA42ACA 208-230/1 26.7 40 26,7 40 26.0 30 26.7 40 52.1 60 26.7 40 41.6 45 26.7 40 52.1 60 AVPSA48ACA 208-230/1 32.3 50 32.3 50 26.0 30 32.3 50 521 60 32.3 50 41.6 45 32.3 50 52.1 60 AVPSA6OACA 208-230/1 40.0 60 40.0 60 26.0 30 40.0 60 52.1 60 40.0 60 91.6 95 90.0 60 52.2 60 AVPSA36ACC 208-230/3 18.2 25 36.2 90 45.3 50 54.3 60 18.2 25 45.1 50 AVPSA42ACC 208-230/3 22,7 35 40.7 45 49.8 50 22.7 35 36,1 40 22,7 35 45.1 50 AVPSA48ACC 208-230/3 22.7 35 40.7 45 49.8 50 22.7 35 36.1 40 22.7 35 45.1 50 AVPSA6OACC 208-230/3 30.0 40 48.0 50 57,1 60 30.0 90 36.1 90 30.0 40 45.1 50 AVPSA36ACD 960/3 7.8 15 16.8 20 21,3 25 25.8 30 30.3 35 AVPSA42ACD 460/3 10.6 15 19.6 20 29.1 25 28.6 30 33.1 35 AVFSA48AC0 960/3 11.0 15 20.0 25 24.5 25 29.0 30 33.5 35 AVPSA6OACD 460/3 15.3 20 24.3 25 28.8 30 33.3 35 37.8 40 MCA=Minimum Circut Ampady(Wire Sae Amps).MFS=Maximum Fuse Size or HACR circuit Weaker. MCA and MFS calculated at 240V. Date Received: CamPac AVPA PD,3/09 10 JAN 3 0 2014 Original Submittal A S AVPSA Electrical Characteristics BASIC COMPRESSOR OUTDOOR FAN MOT00. INDOOR FAN MOTOR MODEL VOLTS RLA LRA MCC VOLTS RPM FLA HP VOLTS RPM FLA HP AVPSA36ACA 208/230-60-1 16.6 82.0 26.0 208/230-60-1 825 1.8 1/3 208/23050-1 1075 2.5 1/4 AVPSA42ACA 208/230-60-1 16.6 96.0 26.0 208/230.60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPSA48ACA 208/230-60-1 21.1 96.0 33.0 208/230-60-1 825 2.8 1/3 208/230.60.1 1075 3.1 1/2 AVPSA6OACA 208/230-60-1 25.6 118.0 40.0 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 5.2 3/4 AVPSA36ACC 208/230-60-3 11.1 58.0 17.4 208/230-60-1 825 1.8 1/3 208/230-60-1 1075 2.5 1/4 ' AVPSA42ACC 208/230-60-3 13.4 88.0 21.0 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPSA48ACC 208/230-60-3 13.4 88.0 21.0 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPSA6OACC 208/230-60-3 17.6 123.0 27.5 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 5.2 3/4 AVPSA36ACD 460-60-3 4.5 29.0 7.0 208/230-60-1 825 1.8 1/3 208/230-60-1 1075 2.5 1/4 AVPSA42ACD 460-60-3 6.1 44.0 9.5 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPSA48AC0 460-60-3 6.4 41.0 10.0 208230-60-1 825 2.8 1/3 208/23050-1 1075 3.1 12 AVPSA6OACD 46050-3 9.0 62.0 14.0 208230-60-1 825 2.8 1/3 208/230-60-1 1075 5.2 3/4 RLA=Rated load Amps LRA=locked Rotor Amps MCC=Maximum Continuous Current FtA=Full load Amps AVPSA Unit Load Amps BASIC VOLTAGE CURRENT LOAD OF RESISTIVE HEATING ELEMENTS ONLY(AMPS) TOTAL MAXIMUM HEATING AMPS(STANDARD UNIT) MODEL PHASE AMPS NUMBER HERTZ AC IBM 04 kW 05 kW 06 kW 08 kW 09 kW 10 kW 12 kW 15 kW 04 kW 05 kW 06 kW 08 kW 09 kW 10 kW 12 kW 15 kW AVPSA36ACA 208-230/1/60 20.9 2.5 16.7 20.8 25.0 33.3 n/a 41.7 50.0 62.5 19.2 23.3 27.5 35.8 n/a 44.2 52.5 65.0 AVPSA42ACA 208-230/1/60 22.5 3.1 n/a 20.8 n/a n/a n/a 41.7 50.0 62.5 n/a 23.9 n/a n/a n/a 44.8 53.1 65.6 AVPSA46ACA 208-230/1/60 27.0 3.1 n/a 20.8 n/a n/a n/a 41.7 50.0 62.5 n/a 23.9 n/a n/a n/a 44.8 53.1 65.6 AVPSA6OACA 208-230//60 33.6 5.2 n/a 20.8 n/a n/a n/a 41.7 50.0 62.5 n/a 26.0 n/a n/a n/a 46.9 55.2 67.7 AVPS136ACC 208-230/3/60 15.4 2.5 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a o/a 16.9 n/a 24.2 n/a 31.4 38.6 AVPSA42ACC 208-230/3/60 19.3 3.1 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a n/a 17.5 n/a 24.8 n/a 32.0 39.2 AVPSA48ACC 208-230/3/60 19.3 3.1 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a n/a 17.5 n/a 24.8 n/a 32.0 39.2 AVPSA6OACC 208-230/3/60 25.6 5.2 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 n/a n/a 19.6 n/a 26.9 VVa 34.1 41.3 AVPSA36ACD 460/3/60 6.7 1.3 n/a n/a 7.2 n/a 10.8 n/a 14.4 18.0 n/a n/a 8.5 n/a 12.1 n/a 15.7 19.3 AVPSA42ACO 460/3/60 9.1 1.6 n/a 0/a 7.2 n/a 10.8 n/a t4.4 18.0 n/a n/a 8.8 n/a 12.4 n/a 16.0 19.6 AVPSA46ACD 460/3/60 9.4 1.6 n/a n/a 7.2 n/a 10.8 n/a ' 14.4 18.0 n/a n/a 8.8 n/a t2.4 n/a 16.0 19.6 AVPSA6OAO 460/3/60 13.0 2.6 n/a n/a 7.2 r/a 10.8 n/a 14.4 18.0 n/a n/a 9.8 n/a 13.4 Ma 17.0 20.6 •Heating kW shown for 240V. Dente heat output by 25%for 208V service. ••Total heating amps for ALL ACA units with 15kW includes both drcuifs(#1 and!2) •••Heater kW shown for 480V. NOTE:Three phase equipment contains single-phase motor loads.Values shown are maximum phase loads.loads are not equally balanced on east phase.Total cooling and total heating amps Include motor loads. AVPA and AVPSA Ship Weight BASIC AVPA24 AVPA30 AVPA36 AVPA42 AVPA48 AVPA60 AVPA72 MODEL LBS/KG LBS/KG LBS/KG LBS/KG LBS/KG LBS/KG LBS/KG COMPAC I 274/125 355/160 355/160 495/225 521/240 535/245 600/272 COMPA •II.1 286/130 365/170 365/170 527/240 552/250 565/260 640/290 AVPA and AVPSA Filter Size BASIC MODEL AVPA24 AVPA30 I AVPA36 AVPA42 I AVPA48 I AVPA60 AVPA72 FILTER SIZE(IN) 16x25x2 16x30x2 22x36-1/2x2 18x24x2* FILTER SIZE(MM) 406 x 635 x 51 406 x 762 x 51. 559 x 927 x 51 452 x 630 x S1 *Two filters required. Date Received: 5, JALlcQ,W?.,1114g9 Original Submittal A e • • Dimensional Data - AVPA24 ComPac® I & ComPac® II Air Conditioners , MODEL A B C D E F G R I J K L M N O P AA BB 241in.) 3912 171/4 7112 8 2012 12 2711/16 20 33/4 36 5/18 111/16 7/8 38 2711/16 28 359 1798 351/4 24(mm) 1003 438 1818 203 521 305 703 508 95 922 43 22 985 703 660 92 448 895 NOTE:Dimensional tolerance 21/16' MOUNTING HOLES CTR TO CTR A M • I o• Tor Supply Air •(YJM3'1 1 20'x r(Nominal) 508 mm x 203mm 67.0' HMI 1702mm E DISCONNECT 50-3/4' ACCESS 1289 mm C Return Air OUTSIDE AIR HOOD r P - - ZQ'x)T(NOmr I) ic 508 mm x 305 mm a- lo-_ H--.-I = 34-12'• 876 N K.O.'s** 0 EE AIR OUTLET EE I 8-12 470 mm 1 . / 1 FRONT VIEW BACK VIEW 51 mm , c—B-1.• o-2.O"/51 mm HEATER D ACCESS — 2.0'/ 51 mm I SLOTS IN zo•/E CI C, m K 51 T Hi —i �� 'J F ' _ J 51 mn— 3.91\`90 mm) I. AA�.j�AA-1/3/8'(10 PLC'S1 EMIR )bl 0 5I o 9 PLC'S G , (116mm) t e 0 0 0 1 F BB 1-1/16'(27 mm)-I BOTTOM MTG.BRKT. � p W/MTG.HOLE LOCATIONS ,II •CI does not have side louvers 3/4' (19 mm)r '•KO=knockouts-sized to accept 3/4'(19 mm)x 1'(25 mm)electrical conduit ID:DRAIN 'H'dimension centered between'A"dimension R.H. SIDE VIEW Date Received: CaiiPac AVPA PD,3/09 12 JAN 302014 Original Submittal_-_ _ __ • • Dimensional Data - AVPA30/36 & AVPSA36 ComPac® I & ComPac® II Air Conditioners MODEL A B C , D E F G H I .1 K L M N 0 P AA BB AWAV3S(^) 44 916 171/4 7112 8 18 14 iB 7/16 28 334 36 916 111/16 778 431/8 2711/16 5 358 201(4 4012 JAPAVt1 - A‘A. 31( 1132 436 1816 Rf 457 356 722 711 95 92 43 22 1035 7113 631 92 514 1029 MPA?1(mil NOTE:Dimensional tolerance±1/16" MOUNTING HOLES I" A I CTR TO CTR M .2•2 I I Qrl SuPPNAir JJ 28"x 8"(Nominal) ]tt mm x 203 mm fi].0' ' H�l 1702 mm •• ▪ E --jr ' DISCONNECT ACCESS 503/4• 1289 mm C x Return Air 10mSIDEPOR HOOD{ P - - 28"x14"(Nomina) } it • 711 mmx537 mom 1 } .. H 1 S 3M1-1n• ] 876 mm E, N ▪ K.O.'s" AIR OUTLET �� o — == 18-1n• 470 mm •- I • • ' 2.0' FRONT VIEW BACK VIEW 51 mm ..0—B-0. e-2.0"/51 mm HEATER C ACCESS 2.P/ 51 mm SLOTS IN 2 "/0 E K CI 51 Inm b 1fLJ 48 -� F X51 mlr' EEE= inomonmoonm G 3-at6•(90mm) 1I. AA AA 3/6•(10mm) 4A116' \k 0 0 o c (9 RCS)) (116 mm) 4 o 0 0 0 ■■■■ ( ) BB ∎∎�� 1-1/161(27 mm) BOTTOM MTG.BRKT. ,D W/MTG.HOLE LOCATIONS 3/4• (19 mm)r ID,DRAIN •Cl does not have side louvers R.H. SIDE VIEW –KO=kns-sized to accept 3/4'(19 mm)x 1•(25 mm)electrical conduit 'H'dimension sion centered between'A'dimension Date Received: 13 ComPac AVPA PD,3/09 JAN 302014 Original Submittal_._f, • • Dimensional Data - AVPA42/48/60 & AVPSA 42/48/60 ComPac® I Air Conditioners MODEL A B C D E F G H I J K L M _ N O P OR AW04241163 42-1/8 7258 E6 10 30 16 25 V2 33 1 516 40 916 38 916 11G 43 72 32313 3038 11/4 63 5116 1309 AW042060 1370 515 2184 251 767 406 673 762 33 1010 65 23 1105 222 772 32 2116 44 HAAA3800 M A MOUNTING HOLES CTR. TO CTR. /73/8• SO (10 PLC'S) SupPN Air 3P x 10'(Nominal) 762 mm x 254 mm H • BR ACCESS EAKER C COVER P RetumAir 1 R • _ - ...___..._.__- 762 mmx406 mm p H _ at.- 3/4• X 1' •• MR N 0 FLFCTRICAL K.O.'S OUTLET 24m I e00 —� I Liam FLANGE WIDTH FRONT VIEW BACK VIEW B L zoo D HEATER ACCESS COVER 3/C X r E ELECTRICPL K.O.'S I 0 I D 2Ay .m�_ 2 K 7� I. INLET Sx50 (6 PLC'S) .14205 � fo.Tu 10.70 j 3/41.0. DRAIN 41'� 0 {p �y BOTTOM MTG. BRITT. 0 `e Received. R.H. SIDE VIEW w/MTO. HOLE LOCATIONS C mPac AVPA PD,3/09 19 JAN 3 0 2014 Original Submittal hi • • Dimensional Data - AVPA42/48/60 & AVPSA 42/48/60 ComPac® II Air Conditioners MODEL A B C 0 , E F G H I J K L M N 0 P 0 R AWA47/480) 4248 2259 66 10 3) 16 2512 3) 1 516 40 916 38 9'16 11/8 431/2 3238 3)318 144 83 516 134 ,FNPA37331n1 AWA43'42160 1070 575 2184 254 7H 406 673 762 33 1333 919 29 1105 672 772 32 2116 44 JAPA3933mR1 M A MOUNTING HOLES CTR. TO CTR. I /7-3/B' SO (10 PLC'S) Supply Air 30'x 10'(Nomme1) 762 mm x 254 mm H BREAKER ACCESS C ACcXS FRESH NR Return Return Au I . SLD S PI 30'%16'(NDmire J() CI R • 762mm%406 mm H m 3/4" X 1 __ _ I. —•�) NR 1�� N 0 ELECTRICAL ICO.'S °=_=_:i OUTLET 1== NID J too t II FRONT VIEW 1—mooFLANGE WIDTH BACK VIEW B--I—L r:4e HEATER— ACCESS COVER 3/4' X 1' E ELECTRICAL K.O.'S E FRESH NR 0 F J K IMMI AIR INLET 225 1 ' /-,3754 (6 PLC'S) /f'I 1i-14.76 19.75-II 3/41.D.J DRAIN 4140 R.H. SIDE VIEW W/1116. HOLELOCC.ATIONS Date Received: 15 .II'11V JA6D$ m44 Original Submittal fr • • \ _ Dimensional Data - AVPA72 ComPac® I & ComPac® II Air Conditioners 447/8 ,v,r mw. „�mm WIT 11g2 mm _ WIT , mm ]S6mm uo.n I u.,A 1 I mm s1 1 =mm xltOmml Oaks wmw Me, (O&M?. • bmm 30 1/4' � Krum bmm .,c[asGa 17 1/7 Nmm I N4imN I Q Z13 �,/1F 94 5Ar .l 762 r 40t .:fit IStr za mm I ema ws I 445/n¢ 4ovr mm I *.j. ,n=mm m r GuN •.r 0 mm�• 314.0ono I 0 I I 0 DRAIN 06 4. ,mm BACK VIEW FRONT VIEW 2 rl umm 741>z+' ' ®-,, N ° 'I 2-71W n pmm l imH41mm1 s3,,.ao I uu•• bm — pee._ 4s5„r vmm ir _ s 35-s Cal Cm e/mm :- - ... in= t 27 5.1r "4 mn LEFT SIDE VIEW Please consult the Marvair®website at www.marvair.com for the latest product literature. Complete Installation Instructions are In the ComPac•Air Conditioners MO Manual. Detailed dimensional data is available upon request. A complete warranty statement can be found in each product's Installation/Operation Manual, on our website or by contacting Marvair at 229-273-3636. As part of the Marvair continuous improvement program,specifications are subject to change without notice. �i� P.O. Box 400 • Cordele,GA 31010 • 156 Seedling Drive • Cordele,GA 31015 r Marvair Ph: 229-273-3636 • Fax: 229-273-5154 Date Received: nssm�ror•wr `'" Email: ma rvair @airxcel.com • Internet: www.ma rvaiccom ComPac AVPA PD,3/09 16 JAN 3 0 2014 / Original Submittal "