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Home My WebLink AboutApplication APPLICANT 1/30/2014 i ;City of Springfield SPRINGFIELD Development Services Department 225 Fifth Street /� Springfield, OR 97477 v Discretionary Use Required Project Information (Applicant: complete this section) Applicant Name: Brandon Olsen Phone: 503-691-4996 Company: AT&T Mobility Fax: 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 Fax: Address: 9635 SW Washington St, Portland, OR 97225 Property Owner: Randy Cummings Phone: 541-913-6493 Company: TAJ Enterprises, Inc. Fax: N/A 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 ❑ 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 Si• natures: Please si•n and •rint our name and date in the a. .ro'hate box on the next •a•e. Required Project Informatioon (City Intake Staff: complete this section) Associated Applications: -Tye�L) - c (/`s'ee. Signs: 4 t3 r"c Case No.: f 1.IO' IL( - Ocoo 2 Date: I ( 3d/2vlc-( Reviewed by: T L, Application Fee: $ 3 Z Qi Technical Fee: $ /o)/. Lf 0 Postage Fee: $ 35S- TOTAL FEES: $ �� OLD 'v PROJECT NUMBER: PR-3 )3 - 0O31 • Date Received: 014 Revised 1/1/08 Molly Markarian JAN 3 0 1 Original Submittal • 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, rep :-ts and requirements conveyed to my representative. Owner: L�I Wr Date: �Z Z/ � Signet , 411 •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 .411111111LSAr Date: /044 Signa Gcuqtà.j5 Print Date Received: JAN 302O14 Revised 5/21/13 KL Original Submitt3 of'r 1/30/14 AT&T Mobility-Proposed WTS Facility-Discretionary Use 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_8 Table of Contents 1. Discretionary Use Application Form 2. Copy of Deed 3. Copy of Preliminary Title Report 4. Copy of Site Plan 5. Narrative 6. Supporting Documentation and Exhibits Date Received: JAN 302014 Original Submittal • • Discretionary Use Application Form Date Received: JAN 302014 Original Submittal • • Copy of Deed Date Received: JAN 3 0 2044 Original Submittal,______ FirstAm 7191-I 1970I8TM Rsoriliketirm To • 1703220002603/0188522 First American Title PO Box 10146 ,,iREGORDATION REQUE F@I!•ii997 Umpqua Bank a Lane County Commercial Loan Center C/O Loan Support Services PO Box 1580 KDivision of Chief Deputy Clerk Roseburg,OR 97470 Lane County Deeds and Records 2008-022566 WHEN RECORDED MAIL TO: 11111111101111111110111111111111111111111 111 $66.00 Umpqua Bank PO BOX 1580 00991626200800225660090095 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 81.695,500.00, 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 tothe following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all casements, 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 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 (Al 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 in remain in possession and control of the Property; 12) 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: • JAN 302014 Description: Lane,OR Document — Year.DocID 2008.22566 Page: 1 of 9 � 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, la) any breach or violation of any Environmental Laws, (b) 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 (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 shell 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 lien 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 JAN 3 0 2014 Order: 1234 Comment: 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 Rood 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 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; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy,title report,or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (h)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 shell 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.DocID 2008.22566 Page: 3 of 9 ,IAN 3 0 2014 Order: 1234 Comment: --- --- - Original Submittal 'DEED OF TRUST Loan No: 68835569 (Continued) Page 4 r 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: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a 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 (1) 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 tho 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 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 pert of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender,cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless'prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at 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. Date Received: JAN a 0 2014 Order: 1234 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 Collaterarization. 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 breech 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 115) days; or 12) 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 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 11) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender, Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. • Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least fifteen (15) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real 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 Property. Date Received: Description: Lane,OR Document - Year.DocID 2008.22566 Page: 5 of 9 JAN 3 0 2014 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; (b)join in granting any easement or creating any restriction on the Real Property; and lc)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 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 3 0 2014 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 or ffede[aecws,veU:or uate Description: Lane,OR Document – Year.DocID 2008.22566 Page: 7 of 9 JAN 3 0 2014 Order: 1234 Continent: — 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 /1 �. 1. H • By: 'w By: �rf TAJ n�1 Terry P. Cu mings, President of TAJ En prises, Joa Cummings, Secretary of TAJ Erytarpdaea, Inc. Inc. VVVV JULIEJACOBSON JULIEJACOBSON :, ,�, t-4-4 NOTARY PUBLIC-ARIZONA , i- /' NOTARY PUBLIC-ARIZONA ,,:�.�; = MARICOPA COUNTY ' � r1<� MARICOPACOUNTY \o\/k My Commission Expires �_\=JKi Commission Expires �- February 4,2011 grid/ February 4,2011 • Date Received: JAN 30201/. Description: Lane,OR Document — Year.DocID 2008.22566 Page: 8 of 9 Order: 1234 Comment: Original Submittal • • .DEED OF TRUST Loan No: 68835569 (Continued) Page 9 • CORPORATE ACKNOWLEDGMENT • = -O STATE OF 10 AiA 1 •,'i; •�_ .C=AR-:,ANA M 155 ::'r`'.. t�ti.�i • COUNTY OF 1'l4C1 CJ PA ) i3 _) • �. ',o gyres ,1 .)� ,^ yijl�ry.4,20 1. • Notary On this 1 day of (TPR/L , 20 0 , bet oi'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 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. S Siva- ('� / I • By \� \JL„�x/(�\te a4cz.../�^o- Residing at /(p'yeas f`. Siva- (3t 0< Rh AI. ((S Notary PrlbuS in and fol-4h6 State of A h.. 7, J$) My commission expires lain/'LC O r-t� T / -x 0 l l CORPORATE ACKNOWLEDGMENT I• Qn STATE OF ltd)Z.J AJ 1 r t • cLICB A• 44 t ion Epp COUNTY OF NIFF21 co P� 1 !\� t �rr.nlary'4 ' 1138 v \.b✓i u !,-msµ ...� �....... On this (a" 1 L day of r PQ(L , 20 6? , 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. ( ��'`` n r. �� qq By \�,u. (; Residing at t(o fj.2 C3/�L d'(�.[r1 P I✓d y RF-,t t�tJi. Notary Pu o:in and for State of ALI Lil'A)fi My commission expires Re/j(a f1 r tq C' y a06/ 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 - Description: Lane,OR Document - Year.DocID 2008.22566 Page: 9 of 9 , Order: 1234 Comment: "- --- - - - L Original Submittal • • Copy of Preliminary Title Report Date Received: JAN 30201 / i 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@tirstam.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 TA] 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: first American Tide JAN 3 0 2Q14� Original Submittal • • 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: TA) 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: TA) Enterprises, Inc., an Oregon Corporation Assignee: Umpqua Bank Recorded: April 22, 2008 Recording Information: 2008-022567 11. Financing Statement, indicating a Security Agreement Debtor: TA) 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: HistAmenran We JAN. 3 0 2014 Original Submittal • • Lot Book Service Guarantee No.:7199-2162546 Page 3 of 3 We End 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 Title JAN 3 0 20�144y Original SubmittaLYO • • 1 AME81C 7 N P5 %' `-. First American Title t o\ 600 Country Club Road,Eugene,OR 97401 Phone:(541)484-2900 Fax:(877)783-9167 Email:cs.eugene.or@firstam.com Web:http://local.firstam.com/titleor/lane/ 6 O I / v cc c 0 •.., 00000c 0000000000 ' �1410000a 4 1 2600 0 tea a 0 ,, " , f' L -J O ...518.5533^N 54' .. ,..... .... • .,8151' : .-- 74.• 58 p 2 . , fl . `4 2601 v 1 9' A • f/ * 3 18 AC m m O a�` A... D N2° %�5; i4 Y;.. . ... . .. to PCL1QN�� 10 , ) 1 a`,. > 2603 ;9. 1 E 57 71 A Z S 38407 PCL 1 i 1 . i 17032243 - t 'r` - 17 67 ��- ;r. .. . .-, £ 302 AC_a_pao 2714 W �o$' -, �.4 r=' 2712 N t .- pro PCL z � C112PCL.1• 0 88 AC 2201 0 82 QC .V rv • .'4. s45'zo _ -. -.r, . PCU = S41035 > 1e•z. lp..;• ` SEE MAP 2606 2604 0 4. °L'a�2'H11.5125E v: 17032243S001 , PCL 589<�og �"126 0 ., . ••-9� m�aL,v 2710 ( \P 00 : pm '.53 AC 536695 q� O -iP e1 g.. . :70.7 3003 FpPCL2C '' PCL30 . �9°' p8k$ .5 AC e � PCL3�, P —22-170.- ..... n.0 ricer;D t [�4 i3 •r6 9' 270r PCL 1 ,0 0 0 0 fL.: _��•lyi r. • ,��z,>5 -1 1, Al r----�� -R- ID ( "D r 2607 28b0 270» 271 0.73 AC 0 42 -'c 0 53 ' C I" SEE MAP 1 ,, .+ A A-1 Map # : 17 03 22 00 02603 000 Date Received: COMPLIMENTS OF FIRST AMERICAN TITLE LANE COUNTY OREGON. THIS MAP IS NOTA SURVEY THEREFORE WE ASSUME NO LIABILITY FOR INACCURACIES JAN 3 0 2014 Original Submittal. • �..... • . to . 947;4931 EASEMENT • . • TIES INDENTURE MADE and entered Into shire__ .mY of • 19j by and between • GLENN M.KOTARA,hereinafter referred ton the Grantors,and C OP SPRINGFIELD.a municipal . eorppyion,N lane County,haeEUfter retard to u Ih GnlYree. • • WfrNESSE 11: In consideration of the xapunce by Grantee and the use or holding of said easement for preach . - • or fuh,•m public use by Grantee.Graruas hereby gran.bargain,sell,and convel time the Grantee,a perpetual easement 20 feet In width.together with the right to go upon said easement erta heainuftee described for the . payee of._'uVuctin .io g. . . . J min o= !Mc:wl'ph may h.m,r!!r M lnaated . on the following described property,Itrwit: • Beginning at a point on the West line of that real pcoporty described as . ' Petal I in Insnunet Number 932.5552,Real 1844R,lane County,Oregon. • • • Deed Records. 241 feet South of the Northwest corm: thence South I ' 89151'74'West 571,10 feet thence South 20 feet along the East line of said ' property;thence North 89'S11.4•East,to the Watt ILia of said property:thane . Nuath 20 Fa along to Wen line of said property to the me point of • beginning(see Attachment A).. z?G7OCT.I2'941106REC 10,00 tinDC T. 2'94g06PF1AD 10+00 TO HAVE AND TO HOLD the shove easement m die said Grantee,its hcin and nsiSETMeve� • IN ADDITION'THERETO.the Gr^_nton de!enby give nM gram until the City of SoringleM a construction f-• n easement of 35 feet in width along and abutting the South side and for die full length of ere aforero nim ed and - described per etual easement for the purpose of giving a work area during the consaurtion of a sanitary sewer within the metal easement. IU:'_°.Yh.9NJ It:!!i hLt,: u1pP0ew umn n.,.v¢m wen o,.,,..0 -nr a,Oyu..p..,,o.,.. .. _.............. assign,during the construction of th svdtary sewer, Upon the construction of to sanitary sewn and its - _ acceptance for use,the consmheton easement he,tln named shall become void. IN`ircESS WHEREOF,t.e Gaamm�above nand hive hereunto set then hands as seals ii nay of • _ 19 (SEAL) (SEAL) (SEAL) (SEAL) ' ' - STATE OF Ofd` ,0N, SS COUIT7 OF-cro E ) -7- r' BE IT REMEMBERED.that on this a�. day ofc ul-4__,19L,b.fwc rite.the udcmiera3,a Navy Public in and for said County and State,personally appcaed the within named Glen M. Kotara known to mcJO be the identical individual described in and who executed the within In>uunlrrn!arJ ablwe 3 ) ' knit',Ga._s_. ............_....n..w_hI r_.__its. _. :, ....,.m...WtlEncnc I have..,....m w my h+M and shied ODA my nlfrI-d out the dry and Yea,tree \•gg•�®�"g QfMtFl�f'IAyLM SEAL 1r 11VCl1 GO iS OIV i O wary Public for Qzgo, �- v�nrf�i n!afaws orris kl'n-it ' . �. �� - .. My Commission Eapiren 2'if 97 . RETURN 10: CITY OF SPRINGFIELD PUBLIC WORKS DEPT,225 FIFTH STREET SPRINGFIELD.OREGON CiORIAosv.TS 17032200 02&02 . 4. 29,51‘• • H Date Rebeivh: JAN 3 0 2014- ( L T . Original Submittal U - Description: Lane,OR Document - Year.DocID 1994. 72937 Page: 1 of 3 _ _ Order: 1234 Comment: i 7 3414937 7 ATTACHMENT A . 9 574.00' N o STORAGE UNIT AR A h y. cL. 2601 d N 20' PERMANENT N NTS EASEMENT ; ( "35' TEMPORARY CONSTRUCTION EASEMENT Si 2602 I m i. .... z Q I T.L. W . . Z • f . I I I i I I f r!HRLVw IRl/I& 1 1 t.. EASEMENT MAP ` GLENN M. KOTARA PROPERTY " `' . i9 03 22 00 o2L02 i i. '. AaL2A.1l1VC, Eall SCP ii t...: 4117 F5: I F k ' i t Date Received: • L l JAN 3 a 2014 Description: Lane,OR Document - Year.DocID 1994. 72937 Page: 2 of 3 Original Submittal Order: 1234 Comment: III III i. 9.535514 1.V.:,J'VEMENT AGREEMENT -. IN CASSIOEF.TION of the covenants herein`idcfted', tthe City of Springfield, hereinafter referred to as City, ail Glenn M. genre and Ro*ert G. Rosa _ , hereinafter . _ referred to as Applicant, do covenant and agree as fellows: --. WHEREAS Applicant desires Development Approval from City; and t WHEREAS, any future development within City or within City's Urban•Growth Boundary located . in Lane County will cause both an immediate and long-tern demand on the various public A facilities of City and lane County; _ . NOW THEREFORE, Applicant and City agree to the following schedule of public facility ' ,s improvements and respective cost assumption policy: : :F STREET IMPROVEMENTS along the frontage of Pheasant Boulevard i to include: ( ) surface paving; ( ) story sewers; ( ) sanitary sewers; ( ) curbs; 1 ( ) gutters; ( ) planter strips; ( ) street trees; ( ) street lights; (x) sidewalks. 1 .. - TRAFFIC cicpAtS it the intersection of .'.p OTHER IMPROVEMENTS - • I I _ LEGAL DESCRIPTION: (Place here or see Attachment A) ` asxt.,LN.29'951406AEC 5.0c i- es2y-Ca1.29'95vtvnFlaO tn,rc k' . . - Parcels I and 3, Land Partition Plat No. 95-MATS , as platted and I recorded in the Lane County Oregon Partition Records,,Lane County, Oregon. '''1 ' AMITIONAL INfOP.t'ATIO.N: 12-03-22 7502 •- ( ` Property Address Tax lot No. 1 .T ,r ,agwn_ey v, • _ ... .. ............ :, ... ..... .. . .,. , ..,. . . :, .. r. .. T City. • 1 -1 IT IS FURTHER UNDERSTOCO 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 :::'%:::: : A ,:. or adopted by the State of Oregon, Lane County or City and to waive all:right to remonstrate against such improvements, but not the right to protest the amunt or manner of-spreading the E" - 1 - assessment thereof, If the same shall appear to Applicant to bear inequitably or unfairly t upon said property of Applicant; - i NOV THEREFORE, City agrees that Applicant's execution and performance of the terms of this T . Agreement equirements,l and if Applicant compli es tin every respect policy ll other applicable rlawseof i the State of Oregon, Lane County and City, the said Applicant shall be entitled to I'. : 1 . Development Approval; and __ ' ' IN ADDITION, it is the intention of the parties hereto that the covenants herein contained i shall run with the lend herein described, and shall be binding upon the heirs, executors, 1 assigns, administrators, and successors of the parties hereto, and shall be construed to be 1-- - .- •-. a benefit and a burden upon the property herein described. This Agreement shall be recorded In the Lane County Deed Records. {{a . - WHEREFORE, the parties have set their hand and seal thist75 day of .7vcAC , i5 j - • By !{6... o ubf ' r By r . Oire!leee2LL2tttor of Public Works Ap - r i STATE OF OREGON ) By s✓... Ale / - r-'- )SS App scant COUNTY OF DANE- ) - 1 Y r. • On this 2tlhday of -SUM, , 19 there personally appeared before me and k -- 'Co (y�(��Ca�✓�/Wj CEROASPX NOTARY PUBLIC totstaAarats . i\ y/ 1f Ply Conissiok Expires /0-2•4 mows=DOICaaa.t+aa e 1 Dat eceived: , RETURN TO: CITY Of SPRINGFIELD - PUBLIC WORKS DEPT. - 225 FIFTH STREET - SPRINGFIELD, OREGON 91171 JAN 3 0'_2014 L Original Submittal_C_ Description: Lane,OR Document - Year.DocID 1995.35512 Page: 1 of 2 Order: 1234 Comment: • • y55all . . • IMPROVEMENT AGREEMENT On lieu of!mmed•ve Cers!mc:icn of Public Improvement;includes River of Right to Reaeastt) • 10 IN CONSIDER�tlfl ,dhsov tl in recited,the City of Springfield,hereinafter referred ones 'tai City,thd!n•r :aFt'i'Fri1,..tiriekere67 i::e^iyc rtrcthAr •hreinater _- - I mate to as Apphant(s),do covenant rid agree with respect to me reel property dscneed below as follows: !. Appbcani(a)wtrults end represents to the City of Springfield that it is the swum of the pmpety more particularly described and set forth in humph 7 below and,as owner,has the authority to enter into this Imposement Agreement with the City of Springfield. 2. Applicant(s)deems Developp!em Ammo!from the City with respect m the following . - Development Application Cite P/en Hde'.'elr 9P-PG-/.30 - 1 3. The development will cause both an immediate and long-term demand on the various pale ! reeilities of City and lane County including the specific public improvements naesitated by the . I development as set forth in paragraph 6. - . -_. • I C. This Improvement Movement s an etenative to imn a ng a condition on A;m!eant'e ---- } dcvelopmere approval that the Applicant make immediate construction of any public improvement that -I . I the development necessitates.The objective Isla promote efficiency,coordiration,and spread costs by s vowing as opponunuy to a diumt woe improvement mecnmam where constriction oaun m I coordinated project with the participation of ad cent and other properties M.the area,instead of ' requiring immediate improvement in eoojuto'ee with web development application.There is no guarantee,however,that such a cocedinated project will be possible and the City reserves the right In • a j 5. (a) Applicant and City agree that Applicant will pay the cost otthe following pubic facility i impeovemaa described in Paragraph 5 in accordance with respective cost assumption policy established by City at the time the City dmenninesto undertake and complete such public impairment. . . (b) Applicant and city acknowledge and agree that tie coat of such improvements and the • portion thereof to be paid by App!ieantarepresently alknown andmay be puta tat tbe nets that would be apportioned if the improvements werecomtructed immediately ce byAppliant now or fate. - I (e) Appian skrtcwldges that the timing of the construction of suchImprovemanc w i t h • 6 (a) STREET IMPROVEMENTS along the frontage of/Y/4 • to include: ( )surface paring; ( )storm sevens, ( )sanitary uwen; ( )mat ( )pee; ( )planter Mips; ( )ertrt tea: ( )One!raN!e ( ) ',-fl,, /911/ /' ,} �� (b) TRAFFIC SIGNALS at the intersection cs(rna vdr !9 1 l7lt/H.. /GAY (c) OTHER IMPROVE4EiTS Znir t nvtinic /tiled 4. svpakAsnon. Applicant acknowledges that the list of muted improvements reflect th oset at wont arrtetty be required ceder the evropda a City codes and ordama:AppliaCactawiedgesmr:is underneath that the improvements me=nil!Pa them required m St`I-a fro sore nu nth m e._n nr_e nom.Me • .- tuner ferSonal classification of the meet as those muds.-is exist it din time the Mepmsman are made and fly,therefore,d_ f_—the!it ef zpe=atdtctad Latta•1. LEGAL an/iii I, Lawn arerrereg J•ft E 95-,00/41, 1 IV^�'Mla /a 1!n/.N /A.,[IAL trOliK v ja:e/-4.r, r —I t. OkE§W I AKA C/-03-.. TLfi74d3 I • • PmpmyAddress Ira Lot Na t SHOC1e81' 10 RETURN TO: �II'9l�F1fO 10��slnrt 017 OF 9PgRiGFIF1D•P17011C LfLRi.S 1lFFf.-tZs FIFTH STREET:SPR 7 - • r ^:� --- ,Ii _ 5 - -.n1 - -_ Received: •.. ------ - 3 0 2014 Description: Lane,OR Document — Year.DocID 1998.86951 Page: 1 of 3 Original Submittal Order: 1234 Comment: • . ., - y 478 isscs:;i P. This ag;eemer.t is enforceable by the State of Oregon,Lane Couny or City. • - j I. APPLICANT AGprES TO SIGN ANY AND ALL WAIVERS;PFTIP._. -.__NES:S A`; nvC M\Cz, ALL OU ^CC'CL'\tE,iaNECESSARY TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDNO OF TIE STATE OF OREGON,LANE COUNTY,OR CITY A..ND TO WAIVE ALL RIGHT TO REMONSTRATE.AOANCT SUCH I INIMO EMEVTS. Apptmane does net waist any right topmtest the amount or manner of spreading I •• the assessment thereof,if the same shall appear to the Applicant to bear mequi!abfiy or unfair upon said property of Applicant. Applicant's acceptanx of the non-remonstrance condition is in consideretior.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 owner's right to file a • written remonstration. It does net waive a property owners right to comment on the propreed i{.n4r... • •^)''e aced a;r:„a;iy a in writing. -_ ...- 10. City agrees that Applicant':execution and performance of the terms of the Agreement will be s deemed to be in compliance with City's ry' polity peruin s of to improvement requirements,and if and Ciy,Applicant complies in every respect with all other applitable laws of the State of Oregon,lane County,and City, Applicant shall be entitled to Development Approval,subject to the terms and conditions of approval tit I forth therein. - I i • I 11. It is the intention aftl!e orates he,.a..that the,..... ,__�...�_. _..-_._.....,,.,.c,n contained shall ono with the land . ..._ i in described,and shall a.sa.a:__—ling - .._..al-eum•w” e I beexec and a amgof,admio...: as,andsuccessors _ of the partica hereto,and shill be tn!utrued fs be a benefit and a l.nA.,,,.�.....r...�-....__... T ^^v..a a cement snap be recorded in the Lane Cott*Deed Records.. • • _._ I n!./1n//MI beit'.5a;A1 d.iPa:a Cr rAe ade,di.so . ( R7 ' nRE,the parties have set their hand this /911.1-°day of ir .d9 . I n • I Applicant �.ta,.• r Applicant STATE OFNRSGpN-) ✓Xte4.ur.� ; 1 Counryof6eu )d1•atuc(A n-.J I d •• • n,Aa. r4m ,. . ,r_tt II , cow S n �- '" X19 YX heirme yes i say they are the id ....dSvi rspeclndyoftbe m• that dm swam did I I hereto is it seas,and that this deed was vo:ooais' on and flG_seil affixed y signed and sealed in authority cf its Board of Directors.Before me behalf' Qe Corp`aom_hy f : I'• I Notary Mile I My Commission,'-BY 43Ilgq • City ofSpringfield . I Dan E.Brown-Err:4.rdPublic Worts • aSTATE OF(MELON ) .,..��'y OCLMe ))Si County C I � .. i 0.,0,!s• 0.,0,!s Z4rN diya (i/TORE/ _ •I beige me Ben E.Brown,the DbedcrofP Public Works,fa the.City ar'y'Wte above I - 1 I docmneaL areas y nSRVgfieldaod simmer he above • ' 1 oefBd° v"FRRn , , - so No7 'Pou f Oregaace n • ammulin.Be My Commission Expires • • • -- RETURN IQ i . , CITY OF SPRINGFIELD•PIfBUC WORKS DEPT-225 FIFTH STREET-SPRD4GFELD-OR.-97477 :€• £A Date Received: - .. _. . JAN 3 0 2014 Original Submittal 1 Description: Lane.OR Document - Year.DOCID 1998.86951 Page: 2 of 3 Order: 1234 Continent: 9w%i;;9:71 I: • — is I .- ! €v6 _ 1 9 a4" tea'§ r-rs 1 Viisau i State Of 010j00 Camtyd lme—u. :K tuuax w rearm!Et rtmrd a '38 ocr3e14 aas , I: - 2479E .Tt�� Lae Cams OFFICIAL Aa:vm Lana Co"Get e- Ss .o OM -= -- I 4 y= -- Date Received: ____ JAN 3 0 2014 .��:' . . __ ,Ysi?Y:iN t °1...� -3 L�_-[Yf i'k-.-..._ $,...0:4 4' Description: Lane;OR Document - Year.DocID 1998.86951 Page: 3 of 3 Original Submittal t V Order: 1234 Comment: - • . 2 . 19 - 99 51 8 9901:x668 CITY Ole SPRINGFIELD LIIPROVEMENT AGREEMENT AND APPLICATION FOR SEWER IIOOKI!P I✓ We, i.e I dndrr.;:gried property owners. [inquest perna>siwe to conned the follow lag deserted properly to the sanitary sewer Vaned and maintained by the City of Spcngfield We therefore agree la pay a cha:et ul 1$0,2$per squat.:loot of the benefttng prope:ty for the Ia.( 150 fret of depth es a deposit against future acsc.samculs for sari:nary sewer.Area in excess of the above mentioned I SU feet of depth is chained$0.14 per square too: fax Lot No._.1.21}-2'_.0:1-02'dP Receipt No._ PROPCIC111 DESCHIP1 ION Address-?i28 Pheasant.Buulcvar_ That tract of and con's:cd by deed lions 1-airy D Olson, rantor,to 1 Al ENTERPRISES.INC.. an Oregon Corporation,yt enter,May 14, 1998 on Reel 224198 at Reception No 98311211. Official Recta CS of i due Coaiil'.C)reers.being more completely described as ti):lot.a: Farce:I of Land to P:ei.ticn Vial No 95-1)11092,Lane Co•.:env Official Records in Lane Count), thence]. fee C.Icuiatioo: 0 Sq. Ft.at$0.28 Ni Sy Ft ,F c 000 7l,htu yy Ft.at 10.14 per Sq. Ft - 5.3,0214(1 Total 1 3,025.40 This agrcment dues riot include the cost or a mesa connection to said City Sewer sewer user charges.connection fees,plumbing permits or other such costs to be assumed by the properly owner. I lie applicant agrees to waive all ugh:to remonstrate against an improvement project for sanitary sewer to be duly cremates; be the City Council. but not the right to protest the amount Cr manner of spreading,the assessment:her col:1 the sacte shall appear to Applicant to bear inequitably or unfairly upon said property of Applicant. NOW THEREFORE.the City agrees:het if Applicant complies with the terms of this apemen! and with all other applicable lutes of the State of Oregon,Lane County.and the City,the said Applicant shall he entitled to ones time a isling residence to use public sewer systems The cotenants hecin contained shall run with the land hcieut described.xaJ shall be binding upon the heirs,executors, assigns,adminisuators,and successors of the panics hereto,and shall be construed to be a benefit end a burden upon the property herein descnbed. This agreement shall be recorded:n the Lane County Deed Records. ',VHF REFORI:,the parties have se:their hard and seal this 3 day of (Lrroa'/. I912'J CITY OFSPUJNGFIIELD APPLiCANI . 13y a /42/7/,y74:,N// Dan E.Brown Director of Public\Voiks `i,C'; // M20FEB.19'991107REC 5.00 STATE OF OREGON) 4uNFEB.19'991107PFUND 11.90 1SS COLNTY Oi:LANE) On this 2gp day of 5t;yecy, l9 the applicant personal,.appeared betbre me end signed Inc abort document. 1 orsput6'u -'y OfiNR15 P 6PRSO Notary'Public for Oregon ` COMM SSiaON NO.012SitC �,� 9rrrMSm SSiSMa MI My Cbamissicr,e>,pi¢sAtQpd20 Z 00 Finance Department Information: Trunk Sewer I atcr al Sewer RETURN TO: CITY OF SPRJ NGFIEI.D-PL.'BLIL WUR}-,S I)EP I'-225 FIFTH STILLE T-SI'RINt,Fflil I),ORLIiUN 97471 Date Received: _. U . JAN302014 Original Submittal 6( Description: Lane,OR Document - Year.DocID 1999.15668 Page: 1 of 1 Order: 1234 Comment: • • 2 - i 9 - 99 2 5 i8 �0 99015670 SYSTEM DEVELOPMENT CHARGE AGREEMENT FOR DEFERRAL Ths ea enured Agreement is to be recorded a:Apphead's expense by the City of Sptiablield Lane Cowry Deeds and Records Office. PARTIES: City of Springfield.and Development Applicant.TA F.nrerrtises,IN, Dcve:oprnent F:etect:5's>uvct:o11 of new 12 jQ0 square lour athletic dub for col rRTSPoRTS t1 272S Pheasant Boulevard ield;more particularly described as foltows: Thal Iract of land corn eyed he deed from Larry U.Olsun.grantor,to TA!ENTERPRISES. (NC.,an Oregon Corporation.grantee,May 14, 19%on Reel 2419R at Reception No.9837220. Official Records of Lane County,Oregon,being more completely descmbeJ as follows' Parcel I of!.and Partition flat No.95-P0692, Lane Courtly Official Records in Lane Comity. Oregon. RECLTALS WHEREAS,the City of Springfield,pursuant to Oregon Revised Statutes 223 297.et soy,"System Development Charges."has enacted an Ordinance,Sections 3.400,et seq.. "System Development Changes,"of the Springfield Municipal Code;and WHEREAS.the purpose of the System Development Charge is to impose an equitable share of the public cost of capital improvemeas upon the activity of development that creates the need zor 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 of a building permit, approval of development application tin development not requiring the issuance ofa building permit,or a permit to connect to water,sanitary sewer,or storm sewer systems;and WHEREAS.Section 3.412(3)of the Springfield Mttn cipal Code provides that the Ctty Manager or the Managers designee may require payment in lull or that provision for payment satisfactory to the City has been made;and WHEREAS,Section 3.412(4)of the Springfield Municipal Code provides that any After Recording Return ta: Via B&!:aarristcr's Aide. hie. Harold&Leahy &t.t24FE6.19'99ND7REC 2201.23 223 Kurth"A"Street,Suite D tESEES.19'991b7PFOHD 10.,10 Springfield,OR 97477 System DevebDment Charge Agreement for Deferral Faye t of 4 • Date Received: JAN 302014_ , Description: Lane,OR Document — Year.DocID 1999.15670 Page: 1 of 4 Original Submittal Order: 1234 Comment: • 2 - 1 9 - 99 2 5 1 8 990156:0 provision for payment satisfactory:o the City which includes providing an ohligat:on to pay the unpaid System Development Charge and interest thereon,shall be secured be property.bond, deposits.letter of credit.deferred paymer.t agreement.or other security acceptable to the('ily • Manager or the'Nlar.ger':designee;and WHEREAS,City!luucgh Residue ion.No.93-25 has implemented a program providing for the opportunity Ibr Development Applicant to defer System Developnieut Charges:and WHEREAS.De■elopment Applicant has requested deferral ofthe Sys:ern Development Charge for the above-referenced development project in the manner hereinafter stated. NOW.l'HERGPURP.City and Development Applicant agree that the System Development Charge w' 11 be paid in accordance with the following temps and cond:noes: L DESCRIPTION OF PROJECT:Constt action ter new 32 SOQ_seuare foot atMet:e c1oh for tZOCHTSPORTS.at 272SPh=avanr Boalev.ud,S'ritmfcld 2. TOTAL SYSTEM DEVELOPMENT CHARGE: LL'S,69J,`Stt, 3. DEFERRED PAYMENT SCHEDULE:Thu System Development Charge specified in Paragraph:2 shall be paid by the Development Applicant in accordance with the following schedule: (at The Development Applicant shall pay the sum ol3 10(10200 at the time the City issues the init:J building permit,or if the development does not require the issuance cf a building permit,then at the time the development is approved and in all events before commencement of the development. (0)]he Development Applicant shall pay the stun of$2,3,644.80 at the completion of construction as determined by the City. City\r:ll notify Development Applicont that the payment is due. CO In the even:that Development Applicant fails to make the payment required by subpcagraph(a),the City will not issue a Building Peanut or other approval as defined in Section 3.412 of the City Code. In the event Develop meal Applicant fails to make the payment required by subparagraph(h),the('ty will col issue an occupancy approval. (d)Development Applicant shad have the ngit to prepay the obligations set firth in this cm:Irea 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,Uwe expressly waive any and all errors,irregularities or defects,jurisdictic:hal or otherwise,regarding the System Development Charge,including spccilically but not limited to errors.irregularities.or defects.i fang,in the computation of or underlying methodology of the charge. System Development Cnarge Agreement for Deferral Pete 2 of 4 Date Received: JAN 3 0 2014 E Original Submittal Description: Lane,OR Document - Year.DoclD 1999.15670 Page: 2 of 4 Order: 1234 Comment: 2 . 1 9 — 99 2 5 1 8 99015670 5. DURATION .:huts ageement shad coot::me in perpetual. This a-ecn:ere is in:ended to and cues atNch to and run with the lard a rlrCed her ear. 'Ibis aglcemen:is hind iof, • vn the undersigned Dove lopn.ant Apr licmn,T111 En:crpnses.Inc,and p,suns asaemes.a:la.nt of right to the described decdopmenh. It is the intent of:he Deve:opmen;Applicant to ctcate a continu:ia:ob!ige:toc and right on the part of I!lense:ves and subsequent owners of the subject and The Fee is a per on::I obi:gauon or the owner of the land on which the development is made and of the owner's heirs and assigns,w:th payn+c-tl of earl oral'.of the obligation by any of dem rcdcci au:he obliunions of the others by the amount of the payment 6. MODIFICATION: Neither the()WIWI'S nor:heir successors in,nmrest may ntodify, withdraw from or dissolve thus agreement without the written approval of the City of Spn:tgtie.d. 7. LIEN: Deve:opnaut Applicant agrees Ural it:the cent that Development April:cant Fails to pay the System Development Charge as required by the terns and condtuone of this agreement,City.ir.addition to the other remedies specified h.rretn,may place a lien in the amount of the System Development Charge not paid is conformance with the deferred payment schedate set forth in Pahagruph No.3,as specified in this agreement,upon the teal-properly upon • which the praeri is construe'^d,and that such liar may he foreclosed by the City of Springfield in ac:eroattce with the procedures set forth in Oregon :Levised Statutes 223.5p5 cl. see;. 4itJ C.ry of Springfield lien foreclosure procedures as set forth in the Springfield Municipal Code. S. I he real ptc.p:ny on wh.ch Devclop.-nem Applicant w:I I construct :he project is;lore particularly described and se:forth in Exhibit"A',which is a legal description of the subject property and is attached to and port of this agreement. • DATE:frF'ICL67:•i 3 /�9y DEV•EL1MENTAYP):'CANT By /J;7,w l/ ;vet; FOR:(Crr,;«P, /rl,!„: (/C. State of Oregon ) S.S. County al Lame ) • On this "Sera!) day of SfAT,.Aid•.__• 19 44'7 ,before me personally appeared .Q-.&. 11+:4e_ whose idcnnty Is was proved to nit on tic bus's of . smtsfalory evidence and who by me dely swam,did say that_ fly; _is the R•e-,n+•„r of the 2,t-nz'ypers. As.vnee:1< C''l3_--_•and that said document was signed by .1.,_,,,,_ in behalf of said corporation by authority of its hy!aw^t.and acknowledged to ran_that sand corporation executed the sam; `�L/}�j� �/� tom. Cif tcu.srx'- n$i...�✓tY Jas-.:7•r l _ DENNIS P ERNST �'� euuhc Wheat•oaEuCe Notary Public for Oregon is¢�u'.It+r°Naatiiri ria>ao My Cortu:hission Expires or:A[Wit_%n?rWC” System Dave:earner.t Gnarge Agreement for Deferral Pape 3 of 4 ..._. • - _... — .. _ii Date Received: JAN 302014 a Original Submittal Description: Lane,OR Document - Year-DOCLD 1999.15670 Page: 3 of 4 ------ Order: 1239 Comment: 2 - 1 9 - 9 9 2 5 18 99015670 DArE:_„i'9/77 CT\ Or SP?.t:GFIEL1) Pra•ein•fthenl (t$a A,I.mlru'ratur Slate t' Oregon ) SS (:Cur.IV CILane I Fcrsocully appearcd KEUU£TM X Vc E.vEi- w:le.being'July sworn,did say That la/she is the Sys:em Decelopineo:Chafge Admin,soalor of the City ci Spr ngtield,a rn.nncipi corporation,and iliac said-.::snt.mnx aas si tutted:n behalf of said romoraa or and acknott:edged said instrument to be o,ynlw-Cary act and deed. 1 , (OFICIAL UAL 9 X17,1 DENNIS P UAL _ ._•�' _ • ROUST^uBUG DeEGCx Notary Public rm Ieon >/ MCnoMl[f ass rrnsA➢AASAab'00 My COMM lssion Expires ont}pea,_ye:, ncY; Stoic of Oregon County of Lane— I a ..n,y C',ul, y1l .LO.l9 ILa Riq .::Ln '99 FEB 19Pn 2:20 „r,: 2518R - L,..Cc,n;;CI FICIAL :na.1, System rievelarrneni Charge Agreement for Deferral Page 4(A • I Date Received: • JAN 302014 Description: Lane,OR Document - Year.DocID 1999.15670 Page: 4 of 4 Original Submittal Order: 1234 Comment: First/km 7191-1197018TM A Recoa hg To • After AIL 1703220002603/0188522 First American Title — �j PO Box 10146 A EGORDATION REQU 97 /v Umpqua Bank /i a Lane County Commercial Loan Center C/O Loan Support Services / Po Box 1580 /Division of Chief Deputy Clerk Roseburg,OR 97470 Lane County Deeds and Records 2008-022566 WHUmpqua RECORDED MAIL TO: 11111111111111111 IIIIIIIII IIIIIIII VIII IIII III $66.00 PG BOX 15e0 00991626200800225660090095 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/0 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 51,695,500.00, 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; (2) use, operate or manage the Property; and (31 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; 12) Grantor has no knowledge of, or reason to believe that there has Date Received: oeDescription: Lane,OR Document — Year.DocID 2008.22566 Page: 1 of 9 JAN 3 0 2014 Order: 1239 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, (b) 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 (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 lb) 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 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(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 then twenty-five percent 125%)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 land 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 115) 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 lien 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: • Date Description: Lane,OR Document — Year.Doc ID 2008.22566 Page: 2 of 9 ., Original Submittal Order: 1234 Comment: • • •DEED OF TRUST Loan No: 68835569 (Continued) Page 3 PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a pert 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 110)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; (3) 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; IR) 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 12) 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 eae�llTvtn ate JAN 302014 Description: Lane,OR Document - Year.DocID 2008.22566 Page: 3 of 9 Order: 1234 Conment: --- -- - _ --- Original Submitta s • • '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,tees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (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 (4) a specific tax on all or any portion of the Indebtedness or on payments of principal • and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three 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, ref iled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney-in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at 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. • Date 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 Collateralizatiion. 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: (1) cures the default within fifteen (15) days; or (2) if the cure requires more than fifteen (15) days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. If this Deed of Trust is foreclosed by judicial foreclosure, Lender will be entitled to a judgment which will provide that if the foreclosure sale proceeds are insufficient to satisfy the judgment, execution may issue for the amount of the unpaid balance of the judgment. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender 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-tact 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 12) 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 art of the Property tPgijleeoc-separately. 'n ene sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property.C7 LC CSCCeivCa. JAN 3 0 2014 Description: Lane,OR Document — Year.DocID 2008.22566 Page: 5 of 9 Original Submittal I g Order: 1234 Comment: •, • - _ - • • 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: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b)join in granting any easement or creating any restriction on the Real Property; and (c)join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of 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 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 3 0 2014 Order: 1234 Comment: tr • • '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.44 Seccttigry 180.1,Aft QJ.. the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state bl aT`lAY✓ct dt 'or• JAN 302014 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 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: TAJ E 10 INC. , By: t . Z s By: � Oita/l of T I ie Terry P. Cu mings, President of TAJ ;Crises, Joa Cummings, Secretary of TAJ erprises, Inc. Inc. JULIE JACOBSON JULIE JACOBSON ef NOTARYPUBLIC-ARIZONA �:' ',.. NOTARYPUBLIC-ARIZONA r-------„,.17.-,;. \�� MARICOPACOUNTY . u y.�; ` I t.'"; - MARICOPACOUNTY k My Gommlesion Expires \<� My Oommlasfon Expires February 4,2011 4 February lesion Expires Date Received: JAN 302014Q • Description: Lane,OR Document — Year.DocID 2008.22566 Page: 8 of 9 Original Submittal rx Order: 1234 Continent: • • 'DEED OF TRUST Loan No: 68835569 (Continued) Page 9 CORPORATE ACKNOWLEDGMENT --.•-••' • :SO. STATE OF Re(ZOAJ{{ 1 - .fit'.' - {: '1GrpFih,.7NA )SS i.:.,. We +1.ACOU ., /� ion ExP,COUNTY OF MAC( CO PA 1 ,- i ., ,a ♦.°�rw 4'20N'res Iry •On this / day of (TPR/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 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. C -I r' By (,r,(v y, ft.r y^op- Residing at /G1015 Fit,SL1Q- I.J(�vv et y T" st Notary Pin and f State of hl i€.(ZA 4 My commission expires Fit,(LL G i if T � j 0 ( CORPORATE ACKNOWLEDGMENT • Q t +'" r STATE OF {�2.i -C3 AJ/� 1 m1 1h :UC-ARF A• I SS •�:'. '�' • 11 1 •PA E039 ({{ ��]] T Lggioit COUNTY OF I Y t FFgI C. PH 1 s,''a S:' t �•rr.r'i1arY 4 R On this / -r 1 L day of ' ` P/2_1(._ , 20 0 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. � F Residing at , e2 j Ee rti :L Mk ( By �� g , Notary Pu m in and for State of 4-ti 2..-o•10 f4 My commission expires '`-2 h y'a t1 ri -y / „ZO • 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 3 0 2014�/ Original Submittal rh Description: Lane,OR Document - Year.DocID 2008.22566 Page: 9 of 9 UUU Order: 1234 Comment: • After Recording m To • First/an 719l-11970ISTM First Americ tie 170322002603/0188522 PO Box 10146 30-- +' Eugene,OR 97440 RECORDATION REQUESTED BY: Umpqua Bank I ' i Lane County Commercial Loan Center CIO Loan Support Services PO Box 1580 Division of Chief Deputy Clerk 2008.012567 Roseburg, OR 97470 Lane County Deeds and Records Y UL_ WHEN RECORDED MAIL TO: Umpqua Bank 1111111111111111111111111111 I I I I V I I I II II I III $51.00 PO BOX 1580 Roseburg,OR 97470 00991627200800225670060061 04I22I2008 11:16:44 AM • SEND TAX NOTICES TO: RPR-ASN Cnte1 Stno6 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 a of lim't Lions, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. (Initial Here L 1 THIS ASSIGNMENT IS GIVEN TO SECURE 11) PAYMENT F 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 a�invt�a,i.�nin;gJ the Property in proper repair and condition, and also to pay all taxes, assessments and water utilities, and the premiums it CCFC'r etee l,1'� JAN 3 0 2014 Description: Lane,OR Document — Year.DocID 2008.22567 Page: 1 of 6 Original Submittal _-- Order: 1234 Comment: • • ASSIGNMENT OF RENTS Loan NS: 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 casts 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; (8) 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 12) 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 JAN 3 0 2014 Order: 1239 Comment: - -- -- - neininal submittal • ASSIGNMENT OF RENTS Loan N8: 68835569 (Continued) Page 3 same provision of this Assignment within the preceding twelve (12) 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 (2) 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. 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 Lender 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 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. 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, end shall be paid to Lender by the other party or patties 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 Code.DipLctjiVed" JAN 302014 Description: Lane,OR Document — Year.DocID 2008.22567 Page: 3 of 6 Order: 1234 Continent: OriginaisUbnhittat- - , • • ASSIGNMENT OF RENTS Loan rob: 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, 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 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. (1) 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. 13) 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 lunless 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: JAM 3 0 2014 Description: Lane,OR Document — Year.DocID 2008.22567 Page: 4 of 6 Order: 1234 Comment: DrPgirsai Submitta • • 7. ASSIGNMENT OF RENTS Loan Nb: 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,INC. t ,... y: 1 . By: �l! Q B Terry P. Cumm gs, President of TAJ En rises, y.Joan ummings, Secretary of TAJ E rprises, Inc. Inc. CORPORATE ACKNOWLEDGMENT • /1 JULIE JACOBSON STATE OF Ae--t Zo/J( - ) `uin c NOTARY PUBLIC-ARIZONA -•- " MARICOPACOUNTY pn n n )5S 1(,,Q.117,1; My Cornrnissi0n Expires it1&RJCA PA I February 4,2011 COUNTY OF 9 ��`=-� On this 19 �_ day of APR/L , 20 0 8. , 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. ec // p �/-- � // By -: sit—A 1t • Residing at /(o9�-S - cl✓t-QG A�Vd y I —n (%t.€ WIN qmir y� u vt-O J/ Notary P in and for the State of /21-k i Z u N/R My commission expires Fe b f fA ct r Lt 1 . 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 Nb: 68835569 (Continued) Page 6 • /n� CORPORATE ACKNOWLEDGMENT rl STATE OF t Z 0 t)A 1 JULIE JACOBSON • Iss `",t,, ( ��r NOTARY PUBLIC-ARIZONA • COUNTY OF ilitt CO P F- MARICOPA COUNTY `a t -;4/ Commission FWires 7.1, \ � . February 4,2011 On this I I day of 'TP� L- , 20r •, - • • sgne• ,otary 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. (� /1 I I By ,a �/n� Residing at r1�-s �, CJ�L� R lJ0! RI—t Ill I Its • Notary Public in and for the Sta e of RQ 1 Z0 A) A My commission expires 'Fe .6 r k,q r (,1 / 02°/ 1 1 LASER PRO Lending, Ver. 5.39.00.008 Copr. Harland 'Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - OR D:\LPRO\CFI\LPL\G 14.FC TR-4021 1 PR-62 • • • • • Date Received: • • • JAN 3 0 2014 • • Original Submittal Description: Lane,OR Document - Year.DocID 2008.22567 Page: 6 of 6 Order: 1234 Comment: - - First 4fillkican Title ' •FirstAm 7191-11970I8TM PCW 10146 • 1703220002603/0188522 Eugene,OR 97440 v Division of Chief Deputy Clerk LOOVeO�� iv Lane County Deeds and Records J u - lc; ii. I (1 ��Y IIIIIIIIIIII 111111 I I 1 111111111111011111111111111 $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 B PHONE OF CONTACT AT FILER[optional] $10.00 $10.00 $11.00 B.SEND ACKNOWLEDGMENT TO:(Name and Address) Umpqua 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.mien only one debtor name Oa or lb)-do not abbreviate or combine names la.ORGANIZATION'S NAME — TAJ Enterprises, Inc. OR 1b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX tc.MAILING ADDRESS -CITY STATE POSTAL CODE COUNTRY 4242 Commerce Eugene OR 97402 USA Id.SEE INSTRUCTIONS ADD'L INFO RE Ile.TYPE OF ORGANIZATION 1I.JURISDICTION OF ORGANIZATION 1p.ORGANIZATIONAL ID*,A any ORGANIZATION Corporation OR 10098847 rT DEBTOR ( P � I I NONE 2.ADDITIONAL DEBTOR'S EXACT FULL LEGAL NAME-insert only one debtor name 12e or 2LI•do not abbreviate or combine names 2a.ORGANIZATION'S NAME • OR 2b.INDIVIDUAL'S LAST NAME FIRST NAME • MIDDLE NAME SUFFIX 2c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 2d.SEE INSTRUCTIONS ADD'L INFO RE 12o.TYPE OF ORGANIZATION 21.JURISDICTION OF ORGANIZATION 29.ORGANIZATIONAL IDY,a any ORGANIZATION r'I DEBTOR I 1 I I NONE 3.SECURED PARTY'S NAME(or NAME of TOTAL ASSIGNEE of ASSIGNOR SIP)-insert only one secured party name(3a or 3b) - 3a.ORGANIZATION'S NAME Umpqua Bank OR'30.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 3c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY — C/O Loan Support Services, PO Box 1580 Roseburg 1 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.ALTERNATIVE DESIGNATION(ii applicable]: ESSEE/LESSOR ONSIGNEE/CONSIGNOR it•ILEEIBAILOR .ELLERIBUYER I-G LIEN I ON-UCC FILING 8' 0.4 ESTATE RECOORDS-T Attach AadendLelled Tim record for receded)mrtnepp blel L(ADDITIONAL FEE] p. •,a•)opbonaf a•tor a -II Debio n ••blot 1 eebtor 2 8,OPTIONAL FILER REFERENCE DATA Oa e Necelved: 68635569 . Harland Financial Manua,Pi. „ ~ o FILING OFFICE COPY—UCC FINANCING STATEMENT(FORM UCC1)(REV.0522102) Harland S.W.Financial vial Solutions ,pre on Original Submittal Description: Lane,OR Document - Year.DocID 2008.22568 Page: 1 of 2 Order: 1234 Comment: - • • • • UCC FINANCING STATEMENTADDENDUM FOLLOW INSTRUCTIONS(front and back)CAREFULLY 9.NAME OF FIRST DEBTOR(1a or 1b)ON RELATED FINANCING STATEMENT 9a.ORGANIZATIONS 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 DEBTOR'S EXACT FULL LEGAL NAME-wen only one name(lie or 110)-do not abbreviate or combine names lie.ORGANIZATION'S NAME OR 116.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 11c.MAILING ADDRESS CITY STATE POSTAL CODE COUNTRY 110.SEE INSTRUCTIONS ADD'L INFO RE I 11e.TYPE OF ORGANIZATION 1U.JURISDICTION OF ORGANIZATION 11p.ORGANIZATIONAL ID ft if any ORGANIZATION DEBTOR ONF 12. 'ADDITIONAL SECURED PARTY'S or I 'ASSIGNOR S/P'S NAME-Mien only one name(12a or 12b) 12e.ORGANIZATION'S NAME OR 12b.INDIVIDUAL'S LAST NAME FIRST NAME MIDDLE NAME SUFFIX 12e MAIUNG ADDRESS CITY • STATE POSTAL CODE COUNTRY 13.This FINANCING STATEMENT covert timber to be odor Des—extracted 16.Additional collateral description: collateral,or is Red as a &cure Ong. 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 ors RECORD OWNER of abovedescnbed real estate(a Debtor does not have a record interest): • 17.Cheek only If applicable end check only one box. Debtor is a ntrust or I,lmMee acting with respect to property held in trust or ElDocedenra Estate rrr18.Check COLE it amicable and check fl one box. Debtor is a TRANSMITTING UTILITY 'Irn1IFFied in connection wink a Manufactured-Home Transaction-effective 30 yeate Received: lied n connection with a P.rbao-F nance Transaction-effective 3D years Harland Financial Solutions FILING OFFICE COPY—UCC FINANCING STATEMENT ADDENDUM(FORM UC C 1 Ad)(REV.05/22102) 400 S.W.611 Avenue,Poria7 ckOregoO 97Hgy1. Description: Lane,OR Document - Year.DocID 2008.22568 Page: 2 of 2 Original.•77SiiubmittalLtllt Order: 1234 Comment: — _ 5 - 74 - 98 = 24 .1 9837220 RETURN TO CASCADE TITLE CO. xOW WO: 81/7-03- as .•r 603 Y X099 . 110 TAI AOCr. W, 1 9512 Irma O6 RARfATZT CYO -. .T,l,,,Rf POW 5' LAfA!D. OLSON, Orator, • /D oaewey. and warrants to p. w YfESPRIRPR, ESC., a Oregon Corporation, grate.. the following described real propirty tree of tncimprata except an specifically .ec forth herein, 'Parcel 1. Iced Partition plat Pao. ES-P0ES2N Lan. County Official Records, in lane County, Oregon. • m a anzO1on KILL ROT ALLOW DSO OT TY PROPER?? annOESES lV TORS 321Tig1INT Y ITOLaTnDW 07 APPLTCARLS LAS VY L NS AY RROmiiion• WOES a03RHO OR AOCYTIAO TUC reerauxorr, !a vane lcreraree in Watts To an nom=inamo CRaa Vim TES AP7R0712ATR CITY OR COO= PLAm1Y0 DYARIOmf TO VERITY APPROVED axe Am) TO unman err Lanne•Or LARfgfT9 AOIDIRT WIXOM OR FOREST PRACTICES • AS DI Z72022 DI Oa 10.930. incept the following .ncuebrancea. MINCA T.14'98001MC S.m EAL5MY-14•901101P991) 10.W • AASm1IDrS AND AOR)NJTh OP=ORD. ff1gIRT.19.9gp01R67 T'lPDZO.W The true coaidentim for thie conveyance is $510.000.00. Dated this At day of !/ _ , OT is 0141211 STATE OT OREGON, County of 0_ , . , 1 as. • This instrument was acknowledged before me on"- m / by LARRY D. OLSON • CO. / ,.! S/— TLERRLIU NR1 Notary Public for Oregon Immltig'� issi My colaslon a,pir.s� f'9(-19 NronA1i10ae m ti GARY D. OLSON Until • change is reque.ted 700 PORT AVM. all tax etaeeents shall be ,9T. Y..mm. OR 97051 sat to the following address, m.Or101•S NANO AND MORASS see SAM AS =MITRE see • Tat INTZRPRxsas. INC. Alter recording return to. 4142 00)96101 CARODA TITLW CO. ' WORMS, OR '90402 ell WSLLAIaTTR ORANTU•p MAI lel0 ADDRESS VUOERE, OR 27401 SU a of Oregea • Cownry of lac.—a. 6n.Cau antycs y bow wN Ce s01',b heahv onev ear 9a dNw beweee mew led b rmda •98MNY14Pf 1152 Red 2419R �� Rae* Lars Owe fpm • • • • Date Received. JAN 3 0 2014 Original Submittal • y5 ,1 • IMPROVEMENT AGREEMENT (In Lieu cf Immediate Construction of Public lmp:evrieer,in:cdes Raver of Right to Remo t-r) • )0 IN CONSID TIC br ET:tepeein recited,the City cf Springfield,hereinafter referred to as • '10 City,enY:--722R-KTI•77?-44, 7ery(12 c ,AA e,r ,hetneiter t referred to as Apphcentts),do covenant and agree with respect to the reel property(usenet%below as • Mown !. Applicant(s)warrants and represents to the City of Springfield that it is the owns of the property more particularly desaibed end set forth in Paragraph 7 below and,as owner,has the authority to enter into this Improvement Agreement with the City of Springfield. 1. Applicnt(s)desrts Developpem Apron!from the City with respect to the following . Development Application ('r• P/eA He i1/47%., 92.57/30 i 3. Thedevelopment will cause both an immediate and long-term demand on he various public facilities of City and Line County including the specific public improvements ueasitated by the developed as set loth in paragraph d. • -._. • I I S. This improvement Ameement it an attentive to imposing a condition on Annlieanr'a --- } development approval that the Applicant nuke immediate construction of any public improvement that - ithe development necessitates.The objective is to promote efficiency,coordination,nd spread costs by t pmvntog as opportunity lea a Bonet wine tmpmvwnt meclunmm where constriction occurs en a S eoordiosdprojea with the partiriparion of adjseent and other properties in the ssea,instead of 13 requiting immediate improvement in saojteMim with ea.*development application.That is no t guarantee,however,that such a coordinated project will be possible and the City roans the right b - .__ - I ivy eeen,�anIntinn aro,.:., m...,._.t.-_w__r:w a:...�.:... _. 5. (a) Applicant and City ogee that Applicant will pay the cost of the following public facility l j improvemeats dsmbed in Paragraph Sin accosdance with respective coat assumption policy established • by City at the time the City desermioes m undesake and templet such public hnprevemems. (b) Applicant and city awa:widge and agree that the cost of such impovemnrs and the portion thereof to be paid by Applicacat are presently unknown and may be greater tiat abe cvsb thin would be apportioned if the improvements waennmucted bwnediatelyor by Applicant now or later. . I (e J Ap;.iam tekncwledges that tsenming of the construction of such improvements c I with in the role and exclusive direction of the Cty. 6. (a) STREET IMPROVEMENTS along the frontage of NA . mlude ( )sp surface pashas; ( ) m sewers, y sewa, ( )orbs ( gs ( )plantegr ( )cues tees: ( )a'ett Halms ( )ssJWewen.. (� / // ,f •�/ , • • (b) TRAFFIC SIGNALS at the intersection of/-/1t4fear /94 a ltd%,,/GA!' • 1 / (c) OTHER IMPROVEMENTS 1r,ri fmnie �c Hg✓i%/d tc Spa/Mr/07. Applicant acknowledges than the list of marked improvements reflect those that world arrettly be required:coda the a,^rpam City codes end c„'.lasts. Applicanachowiedgesthat i understands . that the improvements made win be 0.1.:=mooned m brine the them to fun mann n.n,ta,ae r_the If..... . content functional dassifiwioo of he street as those standards exist C the time the inprevme s are made and may,therefore,eiff=tom_dm!S of r.:.^cs Backed Web. • i7. LEGAL .14(6Et 1, Lao?.fIrrrvcv Fur F5-,t)G°2, nA/vi.1 e ron. i,ei.CiAL 1eldli,e e rou!/__..ry•_ AKA /71 3-J..1. %L#941 i 1 - • Property Address Tax Lot No. a C1.31'9BIDfEL 10 • RETURN TTY. i pBp�F7kp . CU OP SPfIMPIF7D•PUBLIC WORKS DEFT.•225 M H STREET:9PR rF �,OA i 771 le ..• •. --- _ Date`Received: rwy......Y - _ act Y° fir. 3 0 2014 n mk and - 3_- � "� .. ,. —__.�.,. yr�6 Bt _^�- Original Submittal Description: Lane,OR Document — Year.DocID 1998.86951 Page: 1 of 3 Order: 1234 Cormnent: ' •2478 • t. This agreement is enforceable by the State of Oregen,Lane County or City. v, APPLICANT AGPLES TO SIGN ANY AND ALL WAIVERS.PFif'nuc QNSE t AND A,LCT7 i_R CCCL' ENTsNECESSARi TO OBTAIN THE ABOVE LISTED IMPROVEMENTS UNDER ANY IMPROVEMENT ACT OR PROCEEDING OF TIMSTATEOf OREGON LANE 1i COUNTY,OR CITY AND TO WAIVE ALL RIGHT TO REMONSTRATE AGArNFT sin, IMPROVEMr7,v l S. Applicant does not waive any right to protest the amount or manner of spreading the assessment thereof,if the same shall appear to the Applicant to bear inequimbpity or unfair upon said property of Applicant. Applicant's acceptate of the non-remonstrance condhicn is in consideration for the City's waiver of he requirement for the immediate construction of the public improvements that the development necessitates.This improvemen agreement waives the property owner'$right to file e written remonstration. It does net waive e e-_ -..._. poperty owner';right mcomment on the ProlYi°'!Akr.rt t- "). -•�-., many w in writing. 10. Ciiy agrees that Applicant':esecueias and performance of the terns of the t deemed to be in compliance with City's Agreement will be 1. ty' policy per'$w,o to improvement rnem gon,L requirements,and if Applicant complies m every respect with all other applitable laws of the State of Otegon,lane County,and City, • Applicant shalt be entitled to Development Approval,subject to the terms and conditions of approval set forth thwart i II. It is the intention of the parties Iterno the.n:ott.sh_r,,. I l , wdrnini snail wall the land . ..._ 1 herein described,awl shell be War_—._, ..__._ e•w.rK Shat,executors,sagas,adtninislramr;and successors of the parties hereto,and than be construed to be a heath and a h orbo,..,..a,.—..___.. --,r rsia cement snau oe recorded is the Lane Countyy Deed Reemds. . i reas/.//nerbeFr ypne ce,fd:e;;,:as crrAe aiyAiay: • RE,the parties have tit their hand this H-°.2ayof �.�:yyf. 1 I n _ - f I s� iaA.� l'tw c by %j • i SPATE CF OREGON-; ` /4.444 — County one )�iu.rill is-a.....) lLd.:. taTM . An-.4._i '... •. • .heM.....,.,e.,v� 19 9d'before ma nr•pa,w__ 1 . • say stheyarcrbe ideot and ,respectively of me m- re. who beingfixed did I -- hereto is its seal,and that this deed was voluntarily ' b amid the peel affixed byd authority cf is Board of Direetom.Before me. 4 agreed and tested in behalfofdte corpofazioo by. 1 Y L� .a I A a Notary Public Q {� �A1y Commisseoosxpi,YS..4aj,gq f By ofSp' . tea,,, I .. .. I City nng;eld I I Dan E.Bawn-Director of Public Worts .. r STATE OEOREGON ) 1 I Comb ofi,ane jai - • DINE 24ry de;of /i/ToRf/ xsme me Dan FBrotw,the Direct!otlbbBe Worts,f->thou City Mae personally • • I doamnmt h SRtpfieldeod segued the above /n/ q�p youµ -LdI 5L s DEFAagT wavaISSION NO a Homey Palle for Oregon . °oamaoeiatta MyC�m'nsioa Ecpires - - RETURN IQ • CITY OF SPIUNGFL jD-PUBLIC WORKS Den-72s FIFTH STREET•SPRINGFIELD-OR-9747 _ Q eceived: UT- -? 3 0 1014 • Description: Lane,OR Document - Year.DocID 1998.86951 Page: 2 of 3 Original SubmittalX___ Order: 1234 Comment: 1 V '...• V • U k.1 ak „ ..., IIP. 4. • 1 . _.... . —- . 1.36iN“9.71 „ ....._ _. . - - _- . . '. I P-t- . 1 1•:-.,:a , :.• I ._ . ...: . I --,.. - - I ::47:9:•117: - :Jr?. • State of Oregon .7 Comity ol Lame—se. 7.70t4 ;Ww-'1,"- tannin!YU melded la Mid at "4.-....-:.. 1580CT3Oft 345 I4 . i II Lang Cana ORVAL Recorm Lant Co.n.,Cat i r E. •:::."-: • . ' . I . ,,-... • - - .. ' • r., V..0 I . ......y, : :!.- I I,. .... - -,.. -. I: . -- - --- _.7-arn•:..i ;:-• rate Received: 14 7 rS:.--"filr'lif.-:if...r-.-. •, .r..• -- --if JAN 3 0 2014 - - : _. . .. . . ._ . . _. _ . ..,. ..... , . ._. _ itsk .4.w..--.A.---...4..„:ss Original Submittal --fp Description: Lane,OR Document - Year.DocID 1998.86951 Page: 3 of 3 Order: 1234 Comment: - 2 . 1 9 - 9 9 2 5 18 99015670 C71'Oh Si'?JNGPIELD n:� 4727/99 rF: . r)eveio 'nenl (V-.wAe. . naricra:ur State of Orcwi ) S-s Coolly olLane 1 Pen.or.aliy appe rid I:E//u(TH 3' g_teAi 1' s:no,beici duly sworn,did say that ite"ehc i he S}s:em Developiren:Chatge Atil;intsnator or the City or Spr:ng:ield,a rodricipaI c.rporaoml,and thtt said'.::sti,l::enl ..xs si ned :n bxbali of said co:poranor.and acknov,lodged said in.siruntent to be n.,v:lavary tc and deed. OFFICIAL Eta (_,, DENNIS P ERNST _. /_ _—� ,.. Nor Sr PUBLIC•(MOON Notary Yublic lm 'egos rests 2GOE My Commission Expires ongpcar_243n=.c; State of Oregon County of Lane—r. .,x,y Cad. r.]:'.d to r /era:. e J 6v .• ...Ain a•,�n...a n.m atr':.J:or me:d 41 '99 FEB 18pe 2r2G 2518R L.e Ce.ul.CI NOM.ft._ma> Lo+Cc.nly C in..: System Development Chan;e Agreement for Deferral Page a 01 Date Received: • JAN 302014 Original Submittal Description: Lane,OR Document Year.DocID 1999.15670 Page: 4 of 4 Order: 1234 Comment: Copy of Site Plan Date Received: JAN 302014 4 Original Submittal IS z r;—ii i 4 I i S ishi 3 r I _fi t siei9 isz3 II . 1- %S I@p 2 +.. j g 9 i s �8 4 11 it i II ry e?) 13f i G a8 t $' z ' g �gc f°e z an i ›? = 9f $A W ; I ii N l Ga ; €2 i# a S 19IN}i .- a 0, 1 6 w a e a c 4 p6• rP a •a a a i 4 4 4 a a :: 8'. a•� d d 3 i1 a �U� uLJLJP I m`J� I s W W !£ W i d �; 1 O € Z C7 �. a�+3 L 4 � aa�� 1�I QQ a i,°a i id9 L4 Ita milk 2§„e o.=:gSFjii a HU5§$55UHU5 g I 616 w PA gy 8 6 g 6 z egg .t [ w e ° $ 't 5 ! 6 i Y it Ill ! 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RIM=436-16 P e O' - 8'' FL 5=424.89 b a' 4' I 408 8" FL W=424.79 • F' C7-- 495 / w I pI. 1 O°j O 4' 0 O I 4*50 . �• c . 0°"jam O ti1�4 �.h 9b k^ti J t o • 72" p /12 L.r _ , �C• v o ° ' i --- o Q = 1e� - ?, I 4. °O6 12" PVC . 4111 FI , 4 U } 10 T. , ei / ?' --s, s A II 1 P.U.E. EX. STORM MANHOLE * I RIM=435.63 12" FL E=430.00 o 40 12" FL W=429.82 En GUY ANCHG 4 21 FL S=429.37 \ 420 2L'• FL N=429.31 - WEST r y�/ o I. � K 4 / Is 4: v O 4 M yv SANITARY MANHOLE 498 431 416 Narrative and Approval Criteria Date Received: JAN 302014 Original Submittal • • AT&T Mobility-Discretionary Use 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 In addition, 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[Tpdte Received. JAN 3 0 20114�j Original Submittal " __ • • 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 and proposed 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 lalf • 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 multiple facilities. Date Received: JAN 302014 Original Submittal 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 and 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 Received: JAN 3020114 Original Submittal__________ • 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 may be 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 Received: JAN 302014 Original Submittal i 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 II1 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 30201j4�' Original Submittal 01 1 " _, . • 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. Façade-Mounted Antenna. Façade-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. Façade-mounted antennas shall not extend more than 2 feet out from the building face. FINDINGS: Façade-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 Received: 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 updating tj5 Received: JAN 302014 Original Submittal-_ 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 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 evidence that establishes that the proposed WTS facilities are designed to the minimum height required from a technological standpoint to meet the carrier's coverage objectives. If the WTS facility tower height will exceed the height restrictions of the applicable base zone, the narrative shall include a discussion of the physical constraints, e.g., topographical features, making the additional height necessary.The Date Received: JAN302014 Orininal Submittal 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 302014 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. H. 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 I. 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_ — _ • • Supporting Documentation and Exhibits Date Received: JAN 302014 Original Submittal_ • • Exhibit #1-RF Justification Report Date Received: JAN 302014 Original Submittal Y5 C a E a a rn 'o ■ aci E a .o C,o O a a S v x MI T a N II C 0 limi 4 ea RI ro a, Is II y L9 1.4_ 2a a0 tit -1-1 i--, 0 F UV II Irn N a „,u +NI' 1-1 o (13 a W oC N 0,- ,... z 11 '' _ ,, Original Submittal 0 • • -_ ° L av 00 -d 01 L o >.. — 4-' 0 gri ca c . ° o o OT 03 0 3M O 01 °U O L J a) L �- C ° 3 fa ±' Q) U a O (a L a Q) w L L Q ar O -0 - C > O L a -C o- ° v ° 0 .� C a) U a) a a� :47-1 CU ra a) (a C C ° ° 3 73 t ° (a -0 U cn ° 01 Q) > U ✓ � mrE 'cLc raa0)� o N - a) � -t U L O J O 0)471,„ (p ? 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(1 ... w 3:7,2 ,„ m ., ... • _ ry „) Li L, ,• _..... , 31 4%..` . G • it . _7 a. F i i .., CO 41. 'la w 10 ). a , lsu N a1 - u.-`1s �(eMale9 ° " • . Il oI T ■ • t . � a vv ar� � ' IN d ill 401 ' En g c.n Lap> ; ,LLB 'C X i , — '',- 444Ik 13 "re • -4_ _ID MI i ,.. u Ilf IP" — 4_, .a.) NW ■— O T o a) 4—. 0 I lb O II 4 '«. i W lCefH`Uap1Q9'N, X re lS aye) W C .� Date Receive JAN 302014J Oriainal Submittal -11 • 0 +-, ca a-+ ea 0)))) Air_ V , ._ Y t1 r3 . . ai y' 0 • Z W . v 1 t 14 I ' V a ' 41 66 ' . v uh 4 W rC 1g IX I0 Iii^ D 0 _ I ; • 01 • (� 1 is a • � � , 1 � lc u ,� N Cri '� ~,lS her 1P9""••• v o r•,+ • '� C I) $1 i 4n C 1 • r •— OG o o+ 1 ' ' ~ ` '• u• dl IA ma. in 4 aS •11 1:1 N O _ NUS ~ m ° p1 a� . ` a a o ;' y ID _ I f • V I ■. Q O 41 +� I. w 1 �e�'UaR1Q�'N• • i.i '0 i_ 0 .0 . , II MN 0.1 n+� S t GC 2 • W Lr ■a e -ecei JAN 30201 Original Submittal___ • S 14, 05 u1 C I- = ill) ac; a a J o E- a 0 p' , OC Z7 a- al g C 92 Y' L do• CL w a V Q U O m r z • r .— ` A3 7. ' V Z n` w 4 CU .0 *a , t.,o, CC I l7 i ,.� ' h i ° vn ' , -11 O CA 1 V % . Gable Farm IN , AO + • 111 .� T�1 M • • o V' m I . ao . a - rill . ... 4:r 4.1 , 1 uoG ,. J1 ! :1 , \ _ , . , . ., I I . • or- V 11 I ' r 0 � N �. . sW O .;.?$,.. •- - - • � � o f 'M (-0--. iteguapJe}'N, - JAN 30201 Original Submittal i3' 0 0 03 n3 I)))) al C 1 , C a 1 6 till c v L I di II , Mme Farm Rd #0 i '�. .. 1c �� ' 11_ , w rP g r de rota' M ,i :Y4 ti.? - W l' /1.#133 , Tin (/) I .,. . .' • ,. is uoa re 1 UI A(1) IA 4 II 1 X lil 0)664 3 III 11 '`,! ,•. 1 2 wc412,0 r5 0r CL CV pia U NJ OF ,. , . 4 co al c .mO r ,C0 a,, moo - s uc W /Sue) � . F°— 3 at°i • Re . JAN 3 Original Submittal , • • 06 4.r cQ t1 CM U C — U ru -o L O ✓ vi V1 c c c o °io Q C .;; .. • 6, c 71 0 I. (j) co o 0 ap Lcu• OL .. a L a c .. a v .o' a a E > x V in r4 _c• ca) n rt CG It , v no L L 0. c x L ° 0 O 1� , Z icu 7,0 o et .13 ( c -0 - rt OIL aL c O C cu cu co 0. Ol in r4.- c it a o aZ HC .� N• ¢ u m C C a c (f) u o x t• • C p1 0 . .— _ co _c 4-' L in • W 4-1 E I a O m O m E >. L co r, O 4- o J x •1• m � CO O '• m � C� C C ✓ c s -0 ry -° 0 c� -0 ' -0 ° v � � = -trnc � CLrnc � ra ] .1 L f0 (r) N C L — m N c L v ,' 3 cn � L 0 CU L n o O O L D D H- am IDDcnoc J ° DDA Rec JAN 3 0 Original Submittal Exhibit #2-Acoustical/Noise Report Date Received: JAN 302014 Original Submittal • • SSA acoustics SIwM.M Maoua.Bin.Mh,.Nly, 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 = 20log (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 • AT&T EG34 Gateway Mall Table 3 A..lication 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 ,r ' ,J� . Matt Roe ACOUSTICAL CONSULTANT Date Received: JAN 302014 Page 3 Original Submittal • • Exhibit #3-FAA Determination and FCC Support Documentation Date Received: JAN 302014 Original Submittal • • 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 775 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): DNE - 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 30200114� Original Submittal 10 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) ONE 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 0G64 HEL RIVER BEND HOSPITAL 34.48 .67 -22 IFR No Impact to Private Landing Facility Structure 0 ft below heliport. 410R 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. 23OR HEL 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 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. Airspaces Summary version 13.9.332 AIRSPACE' and TERPS° are registered ° trademarks of Federal Airways & Airspace° Copyright ® 1989 - 2013 11-06-2013 07:26:15 Date Received: Page 3 JAN 3 0 2014 Original Submittal / •;10/26/13 • •LS License-PCS Broadband License-W101691-New Cin r Wireless PCS.LLC FCC Federal FCC Home I Search I Updates I E-Filing I Initiatives I For Consumers i Find People .,) Communications _ ` - • i Commission 1 "ykF7" -•-.- %' f ::i Universal Licensing System EcC> WTB > Sl4S> Online Svstemg > License Search FCC Site Man ULS License PCS Broadband License - WP03691 - New Cingular Wireless © HELP PCS, LLC Cl New Search Q Refine Search [}Return to Results 8 printable Pape It Reference Cony Man License ADMIN MARKET Call Sign WP03691 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 Date AT&T Mobility LLC P:(202)457-2055 Received: Michael P Goggin F:(202)457-3073 1120 20th Street, NW - Suite 1000 E:michael.p.goggin @att.com JAN 3 0 2014 Washington, DC 20036 wveless2.fee.gov/UlsApp/UlsSearchAicense.jsp?IicKey=210159 Original Submittal • 10/26/13 •LS License-ICS Broadband License-WP0J691-New Cin 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 flasic 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- Licensina Support 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 :) = ( 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 Request Date Received: JAN 302014 wire less2t cc.gov/UIsApp/UlsSearch/license.jsp?&Key=210259 2/2 Original Submittal Exhibit #4-Construction, Maintenance, and Landscaping Summary Date Received: JAN 302014 Original Submittal_ • • 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&OAR v'1!!2d' stakes shall be adjusted as necessary JAN 302014 , Original Submittal t___ • Exhibit #5-RF Emissions Engineer Statement • Date Received: JAN 302014 Original Submittal v 1.0 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/cm2. The power density calculations for each sector of the facility modification (typically less than 1 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. l 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.3 0 2014 Original Submittal _ Exhibit #6-Proposed Site Lease Date Received: JAN 3020144 Original Submittal ___ S Exhibit #7-Utilities Coordination Report Date Received: JAN 3 0 201144/} Original Submittal " �" • • Prelim: 11/15/13 411:1":•::) FINAL: 12/18/13 at+Q� Revision: 1 �7l}l Rev Date: 01/06/13 Utility Coordination Report EG34 Gateway Mall East FA: 10576512 USID: 154949 I 1 tt • ; tr, s x m t ,.• ..-....m-nom.. - -�. Company: R&W Engineering Consultant: Heather Harris Phone Number: 503.726.3321 Email: hharris @rweng.com Site Status: SAO POWER: Springfield Utility Board ENET: NA TDM: Centu Link(Qwest) Date Receive°. JAN 30201k UCR: EG34 Gateway Mall East - 1 - 1321 027 001 • Original Submittal____- 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: quenterm @subutil.com New Business Contact (To set up account): Customer Service Address: 250 "A" Street Springfield, OR 97477 Phone Number(s): 541-746-9599 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: ® 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 lease areea..teAT& tooierro 1de and install UCR: EG34 Gateway Mall East - 3 - JAN 3 0 2014 1321.027.001 nrininal Submittal--11 • • 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 Z 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- Original SubmittalS21,027.001 • • 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,* El 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 WDaeRbaj J . UCR: EG34 Gateway Mall East - 6- JAN 3 0 `0011,411321.027.001 4 Original Submittal rD • 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: JAN 302014 UCR: EG34 Gateway Mall East - 7- 1321.027.001 Original Submittafff--- •_ _ ill _' - ;, AT&T to provide and is `Existing - * install(1)4"Schedule - • CenturyLink ":'-'-'..r- 66 40 PVC Conduit with(1) �, Pedestal - 7� 1-1/4"I nnerduct,trace AT&T Lease �' -b- - #R650 4 r `' wire and pulltape in a - • :-.,", •■ 36"below grade trench I Area :1 AT&T to +r �-- , provide and _- AT&T to sweep(1)2"Schedule 40 PVC install 3048 Conduit with pulltape up at existing CenturyLink if' handhole. I Pedestal#R650. j FF I • AT&T to place the t =OK - ------- -- conduit in a 36'below grade trench. ,:fir Power&telco i - AT&T to bore or cut and 9 conduits in a joint I patch existing paved surface trench must maintain - Vic; a 12"separation at all i - AT&T to provide and install tr _ ' 4- times. 3048 handhole.CenturyLink �••. =, will bring future fiber/Ethernet ,�'' ='Y - / AT&T to place the conduits and to this handhole. - ,,,• - -...0,..-..+ conductors in a 36"below grade -111 r I I - . N Existing SUB Pole#97138 1 1 i t j r 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 Original Submittal UCR: EG34 Gateway Mall East - 9 - 1321.027.001 • III . 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 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 pole.AT&T will need to provide and pull in(3)#3/0 copper conductors in(1)of the(3)3" trench- conduits. Please call the Electric department at least 1 business day in advance for an iiink appointment. SUB will work with the AT&T contractor to help pull in the conductor into newly . constructed riser. ir . i i.i' l' • . . - - -., . ,.. ---.0*---7, - =r' ',I iti tf i' - , \ '4 f AT&T to provide and AT&T to provide and install install(1)4"Schedule 3048 handhole. CenturyLink 40 PVC Conduit with will bring future fiber/Ethernet (1) 1-1/4"innerduct, to this handhole. L trace wire and } pulltape in a 36" - below grade trench. AT&T to place the �� w - conduit in a 36"below grade trench. �/ , •s .. • �• • - AT&T to sweep(1)2"Schedule 40 PVC •.r' { Conduit with pulltape up at existing CenturyLink Pedestal#R650. " } , Date Received: JAN 302014 Original Submittal UCR: EG34 Gateway Mall East - 10 - 1321.027.001 + ! • R. �' AT&T to provide and install (1)4"Schedule 40 PVC • • Conduit with(1) 1-1/4- III lit&IIPP: innerduct,trace wire and , • pulltape in a 36"below -, grade trench. i 1 -— ♦ Tip Silt.' 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 302O1k original ,.. UCR: EG34 Gateway Mall East - 11 - 1321.027.001 • • 0 I. AT&T to provide and – install(1)7 Schedule AT&T to provide and puiltape in a 36" ' 40 PVC Conduit with I install new H-Frame • below grade trench. with(3)200A Meterbase and a , 3'X3'X1'NEMA 3R Hoffman Enclosure. k- Future Fiber/Ethernet - Oemarcation 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. • puiftape in a 36"below grade AT&Ts conduit will need to contain(3) trench.One conduit will contain 3 AT&T to install a ( ) 1!3,10 copper conductors. 17X17X9" P #3/0 copper conductors. weatherproof ■O O junction box. Junction box to be I , . I mounted over ` _ --.A■ir — — — — 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)7 Schedule install 3048 PVC Conduit with(1)1- 40 PVC Conduit with handhole 114'innerduct,trace wire pulttape in a 36"below and pulttape in a 36"below grade trench. grade trench. Power&telco conduits in a joint trench must maintain a 1Z'separation at all times. Date Received: JAN 302014 v Original Submittai i'_-- UCR: EG34 Gateway Mall East - 12 - 1321.027.001 • • Exhibit #8-Photo Simulations and Map Date Received: JAN 302014 Original Submittai_- _ • • — . Ii 1 ' MINIM J L :._ , II i North Picture s a i w } .� rti I t��` is II i.,� 'x ' - u_ ^ - ?r/i:_ f Kai II jilt i ., i r• East�Picture Irk v .. -_ i - ., om , ' - U r u re .a:q$si 111117 �'- - ()cuille earth II '- . 3 �— CORNEPS�'ONE EG34 GATEWAY MALL EAST atoll - PICTURE LOCATION MAP G Date Received: JAN 3 0 2014 ii Original Submittal._ • • S i -f� �� LORNERSTONE EG34 GATEWAY MALL EAST a &t�Ct°IVL'CI: EXISTING NORTH ELEVATION ` JAW3020% Ori inal Submittal 9 • • • T J. 'fir, ..r 4, - - 1 ■ • CDei61E5TDNE EG34 GATEWAY MALL EAST Wqfteitceived: PROPOSED NORTH ELEVATION JAN 3 0 2014 Original Submittal` 0 0 A t Ix AO :a . A. wpm - 11 1 _ C.-COPINEriSTONE EG34 GATEWAY MALL EAST SOUTH ELEVATION JAN 3 0 2014 Original Submittal_` — 0 0 $, ; +I . x'. 4, i. illik 4r ■ • 0 EEDRNERSWDNE EG34 GATEWAY MALL EAST Wecitacteived. PROPOSED SOUTH ELEVATION JAN 302014 Original Submittal l& _ 0 • 4` I" " Oh' - • th LC.).ir.L.159:JNL EG34 GATEWAY MALL EAST at&t EXISTING EAST ELEVATION Date Received: JAN 3 n 2014 Original Submittal; • • *1. ♦a-.. - fir'. • •r1 - o- • . rcpt . � • -• •,. C 411161, r _ _ `� CORNERSTONE EG34 GATEWAY MALL EAST at&t PROPOSED EAST ELEVATION Date Received: JAN 302014 � Original Submittal - " i 0 T . . . :__. . , ,,,. . .. ,_ _, . _ ... , _ . ... . ECONE5rcNE' EG34 GATEWAY MALL EAST D a & ed EXISTING WEST ELEVATION W O 20' Original Submittal_ • • • .. ......_. 11 $ - , . .. . ,._ , .. i ..4 . , Am 4 , a EiCONESWONE EG34 GATEWAY MALL EAST +� �te Received: PROPOSED WEST ELEVATION JAN 302014 t-h---1--___ Original Submittal • • Exhibit #10-Generator and HVAC Specifications Sheets Date Received: JAN 3020144 Original Submittaij • • 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 Submittaiji- • • • • • (10'-11% [122$7) (SHIPPING DIMENSION) :r E (10'-3' [123'3 [OPTION H1] (7 FOR OPTION H1 �� lO'-5' [1251 [OPTION H2]) 9' FOR OPTION H2 o 5ny, (5') (9'-3' [111']) • 5' FOR OPTION H3)_ .5 422 a a I 1 u ez ^`� :I i r'1jj J ':; I 1 F _ I C m f .J m _4: il / I 1Ym � ...r, go a I, i ii ;D - �m ill SR. II JII I II II k � d H n i;: z n n n (14%') © it II II °I �'. 1 n II ppQ �, � II II N II m i ' [Cr 'C''C' I II n I n a m �- 4l_.�L_.1 C w (84 [7•-a� m ii 1 .. =p i n iczi i> ?10 i, s �Al t Z A b N \ Z A O 6 v it N ®l� �" i 'LN m n J IIJJ _ bo . JJa ® N /MR m its \ zui o I I m V �G 5' 11---(9. - -12'4— j N 2 0 rir:: :C O min lD i! 7.1 DOE ». II-10.$ c a; _ o ®' 21 1i:IF'IFIdE NZ o f o N i v Frj;411a : -{y. 'i mq vu., _ /71,7 ■ plies' > v v �icc .l - � 1 N L'Il Jr'f�' •1 I 'Sir r {� 4 (-1 ii ii u :Li; 11 Sit 4a vrim O�' II II \Ill tirr:■YI z i. ink 3 m I �.�� Ake' g m I 09kl°IEE m — m q Cell ion li i gx va,k cc ADivision of Sabre Industries,Inc. 0 F 5031 Haztl Jones Road s 9 Date F ?Ce[yed: © � � Bossier C�(y I ws�ona 71171RF ii W. voice: ty1 ) 213-2900 �qmy �$ 3 fax: 318 Lxm ww ce lzion.com919 A Original Submittal_____ • • -I% , (11'-5- [1371) • (841 (10'-44 [12411) (C00 I i j I I I j I .3 � N_} Ir" ` 1 i m g J III > I! J Li I' (x6W) 1 cAi ij i c m o it, j zo I' m a i r 1 co j a • i yy we me III � ,. j =2t I. i I j Ri j • I Riot Ij J___ —__J I I m 11,4 I II m P 1 m c N o � w (3Y7 m I1 m A I � N A q r so :� ? x1 . g 26W N Ps) \A / \ \ ! m I S N 4 j J v II\g \ I (61 _ I J L 1 ie1W[WI ±ice I I u N 1 ia'„ j I j J o aaaaaaa■I 1 I I I_ __—1 i-I"dk \\ I r F11C7�7r3 7, \\\\\ j 1 , i ,u' i S j .A \i F , i N 1 1 r I ff`- • si ®1 4:— k q L. J It ! '� III (71 S •Pe (3x111 1 m CI J z m m m N 0 a t I p 3 n 3E3 m V ' m r-r El m I C2�� IOn 1 Date ecsed• 11,117::: A A Division of Sabre Industries,Inc. a 'x i ppip, 5031 Ficzel Jones Road s " 9g 014 < 8osaier Cit�yy• L,cuisicnc 71111RFg JA / © � � voice: 4 213-2900 A 9� ,11 fax: 3318 713-2919 �Rz dam ✓'[}�Y( ww ce Ixion.com Original Cu mittal_--- Model: 50REOZJD KOHLER®POWER SYSTEMS 208-600 V Diesel 09001 her 3 EPA-Certified for Standard Features t/1 KOHLEIt. Stationary Emergency 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 g kVA 41-59 • The 60 Hz generator set meets NFPA 110,Level 1, when equipped with the necessary accessories and o ill � installed per NFPA standards. . • A one-year limited warranty covers all systems and components. Two-and five-year extended warranties .- '! are also available. ns •p+`*:rip4,I:: ` • Alternator features: jl t o The unique Fast-Response'" X excitation system 1i delivers excellent voltage response and L.1111 ° j� • •• short-circuit capability using a rare-earth, Gtr=�C�iJ _ permanent magnet(PM)-excited alternator. • 0 The brushless,rotating-field alternator has • 0 °- - O broadrange reconnectability. Generator Set Ratings • Other features: o 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/kVA 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 4P7BX 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 4Q8X 120/240 1 60 50/50 208 45/45 188 4010X 120/240 1 60 50/50 208 46/46 192 RATINGS'. Al three-phase writs are rated at 08 power factor. Al singe-phase units are rated at 1.0 pow factor Standby Raergs:The story rating k applicable to varying bads for the dtretial of a pawn outage. There is no em be capbiliry for this rating. Primo Power Retiyr At varying bad,the number of generator set operating hours is urlini*ed A 10%overload capably is available for ono hour in twelve. Ratings no in accordance vide ISO-85261 end IS0-30461. For limited miming limo and continuous ratings,consult the factory OGain technical information bulletin(TI&101)for ratings giddiness,complete ratings d&fhbnv,and Sato conciliar)d:rates. The generator sr)manufacturer rescues the right to change the de'gi or Spedfcatians*dhoti notice and without any obligation or liability whatsoever. G5.359 (50REOZJD) 6/120 Date Received: JAN.3 0 2014,,,Q7i OrigTna! Submitt:a!_!"- 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 altemator 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 Amonisseur 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 4PBX(12 lead) 261 480 V 4P1OX(12 lead) 275 240 V 408X(4 lead) 121 240 V 4010X(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,rn/min.(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) Governor: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 lsochronous Fuel filter Frequency regulation,steady state x0.25% Secondary 5 Microns @ 98%Efficiency Frequency Fixed Water Separator Yes Air cleaner type,all models Dry Recommended fuel It2 Diesel Exhaust Lubrication Exhaust System Lubricating System Exhaust manifold type CO 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(8.7) 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, Date Received: mm(in.) 63.5(2.5) Date t5 G5-359(50REOZJD) 6/120 JAN 302014� Original Submittal -f0 Application Data Controllers Cooling ° ;;I Radiator System - O Ambient temperature,°C(°F)* 50(122) aam 6 Engine jacket water capacity,L(gal.) 2.6(0.7) 03 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.H20) 0.125(0.5) • Enclosure reduces ambient temperature capability by 5°C(9°F). C Di 0 0-5- 5 Operation Requirements Air Requirements"v�! Radiator-cooled cooling air, o m3/min.(scfm)* 96(3400) Decision-Maker 550 Controller Provides advanced control,system monitoring,and system diagnostics Combustion air,m3/min.(ctm) 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 $ Air density=1.20 kg/m3(0.075 lbm/f13) • Controller supports Modbus•protocol • Integrated voltage regulator with x0.25%regulation Fuel Consumption • Built-in altemator thermal overload protection Diesel,Lph(gph)at%load Standby Rating • NFPA 110 Level 1 capability 100% 16.2 (43) 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: G5.3543 (501:1202JD) 0/12c JAN 3 0 2014 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) • Operation and Installation Literature ❑ Engine Fluids(oil and coolant)Added • 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) ❑ Input/Output 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)I ❑ Radiator Duct Flange Electrical System ❑ Alternator Strip Heater H ❑ Battery ❑ Battery Charger,Equalize/Float Type ❑ Battery Heater 0 ❑ Line Circuit Breaker(NEMA type 1 enclosure) ❑ Line Circuit Breaker with Shunt Trip(NEMA type 1 enclosure) W I L Paralleling System NOTE:This drawing is provided for reference only and should not be used for panning installation.Canter year Iocel dwibutor for more detailed information. ❑ Reactive Droop Compensator ❑ Remote Speed Adjust Control/Electronic Governor DISTRIBUTED BY: ❑ Voltage Adjust Control ❑ Voltage Regulator Relocation(550 controller only) Date Received: O2011,2012 by Kohler Co.All rights reserved. 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II 161 16 !7 002 '- ov= 10 991 Sl91 n0-.-00 ro .--V:Wa EcN-GUtn¢- v0 2KG= • c =a- t- O N U:o .-.WIL<W-K .'i0a: o 0 utn". 00 c[0 Li I V I ti ComPaco I & ComPac® II 2 to 6 Ton ea Marva i r Vertical Wall Mount Air Conditioners AIR%CEE'.Inc. s ISO 1001.}000 NEOE9161®COUMNY. A _ ,. .,,.a. . . .R,,r. , ,,.. ,.,,., ,. -...,. R 410A Models AVPA24-30-36-42-48-60-72 and Ref i erant Models AVPSA36-42-48-60 General Description ___ i. J 1 The Marvair® ComPac® I and ComPac®II air ` conditioners are used primarily to cool electronic and j6L°"` 1 r. communication equipment shelters. Due to the high internal heat load, these shelters require cooling even ` when outside temperatures drop below 60°F (15°C). I 'I f?,.. The ComPac I and ComPac II air conditioners have the I. _ t, a - „' necessary controls and components for operation during these (less than 60°F [15°C]) temperatures. All models __ use the non-ozone depleting R-410A refrigerant. All I `� models use the non-ozone depleting R-410A refrigerant. = 4': The primary difference between the two models is that - - I. the ComPac® II air conditioner has a factory installed I "'` _ economizer. When cool and dry, the economizer uses i - outside air to cool the shelter. The economizer provides IIPPJ - temperature control, energy cost savings, and increased = t. reliability by decreasing the operating hours of the _ , _ compressor and the condenser fan. The ComPac I and f _ - 1 ,r ComPac II air conditioners are problem solvers for a wide "'— --—= f range of conditions and applications. To insure proper AVPA36ACA-100C �T. operation and optimum performance, all economizers are _n,pi; non-removable, factory installed and tested. In addition, factory and .;,,JJ a_ $f1 field installed accessories can be used to meet specific requirements. „°"°1,', 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 SCT° thermostat/ controller in a lead/lag installation. /`)it, . Safety Listed and Energy Certified 1, All ComPac air conditioners are built to UL standard 1995, 2nd edition and CAN/CSA C22, }} ; No. 236-5, 2nd edition. For energy efficiency and performance, the units are tested and I\ ` \ '- rated in accordance to the ANSI/ARI (Air-Conditioning and Refrigeration Institute) Standard `Ili $; 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. t. Date Received.+ l,: *ComPac°11 air conditioner only JAN 3 0 2014 ?u I Pac AVPA PD,3/I•` supersedes 2/09 Qrigina r.l Uuamthe.:_ _._ _ • 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 0°F ( - • 2" mm) p 18°C). Note: low temperature Ease of Installation (50 mm pleated 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 (optional) pressure switch with lockout Baked on neutral beige finish over protects refrigerant circuit. 9 *ComPac® II air conditioner only A Marvair® First - Factory Installed Economizer Marvair's ComPac0 II air conditioner has been the industry standard since its introduction in 1986. Tens of thousands of ComPac 1I 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 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 is being 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 the right proportion of cool outside air with warm indoor 4/ �� air to maintain 50-56°F (10 - 13°C) air being delivered to the building. This prevents shocking the electronic 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. comPac®II Air Conditioner' Model AVPA36ACA-100C canPac AVPA PD,3/09 2 Date d: JAN30Keceive2014 Original submittal-----1 v---- • • • 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 $.10 per kilowatt-hour, the approximate average commercial rate in the US. Hours of Operation Atlanta,GA Boston,MA Chicago, IL Dallas,TX Denver,CO Houston,TX Annual Compressor&Condenser Motor Run Time 6,531 6,348 6,361 6,628 6,472 6,655 without Economizer(Hrs.) Annual Compressor&Condenser Motor Run Time 3,841 2,153 2,424 3,798 750 4,970 with Economizer(Firs.) Run Time Savings with the Economimizer(Hrs.) 2,690 4.195 3,937 2,830 5,722 1,685 Annual Costs Saving($)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 $887.00 Hours of Operation Los Angeles,CA Miami,FL Phoenix,AZ Pittsburgh,PA Seattle,WA St.Louis,MO Annual Compressor&Condenser Motor Run 6,467 6,779 6,765 6,386 6,465 6,472 Time without Economizer(Hrs.) Annual Compressor&Condenser Motor Run 3,862 6,391 3,106 1,929 1,654 2,716 Time with Economizer(Hrs.) Run Time Savings with the Economimizer(Hrs.) 2,605 388 3,659 4,457 4,811 3,756 Annual Costs Saving($)of 10 SEER unit wi h an Economizer'ComPac II Annual Operating Cost 10 SEER Unit without Economizer(SP $4,060.00 $4,255.00 $4,247.00 $4,009.00 $3,653.00 $4,063.00 Annual Operating Cost 10 SEER with Economizer' $2,686.00 $4,051.00 $2,315.00 $1,667.00 $1,368.00 $2,090.00 Annual Savings using 10 SEER Unit with Economizer $1,374.00 $204.00 $1,932.00 $2,342.00 $2,285.00 $1,973.00 Shelter Metrics: Air Conditioner Metrics: •10'x 20'x 9'building *Com Pac 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 a 701144 Com Pac AVPA P0,3/09 Original Submittal �_T� Controllers and Thermostats Controllers Thermostats &Thermostat Guards CommStat3'M Lead/Lag Microprocessor Controller Thermostat P/N 50123 P/N S/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. CommStet 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 CommStat 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 S/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 WebStat 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", # 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 c Return Grilles � - `"'•_* `�",fix For AVPA24 '+r1` 20" x 12" (508 mm x 305 mm) P/N 80677 AVPA30,36 j. •.. -. 28" x 14" (711 mm x 356 mm) P/N 80678 For AVPA42,48,60,72 30" x 16" (762 mm x 406 mm) P/N 80679 - aI Return Filter Grilles ' Used when filter must be changed from the interior. - Not recommended for ComPac® II air conditioner. ` q Note: Filter used in Return Filter Grille is 1" (25 mm) �'48 3�e'u/ ;., ha jfi thick. For AVPA24 it "r t, 20" x 12" (508 mm x 305 mm) P/N 80671 4 L,A.x'3 4 For AVPA30,36 w.�t2,: *{N',$, 28" x 14" (711 mm x 356 mm) P/N 80672 For AVPA42,48,60,72 30"x 16" (762 mm x 406 mm) P/N 80673 - Date Received: ComPac AVPA PD,3/09 4 ,AN 3 Q 214 Original Submitta Options The ComPac® 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 ComPace II air conditioners options are available for the ComPac I and ComPac H 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 - ComPac® 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 6117 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) - ComPac® I Factory Installed Disconnects on 460V Units - and ComPace II NC - 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 ComPace II Air Conditioner Transition Curb the internal filter and illuminates a LED when the - ComPac II NC only - A sheet metal curb that pressure exceeds the desired difference. enables a 3-1/2, 4 or 5 ton ComPac H 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® II 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 Hot Gas By-pass - ComPac® I A/C Only - Used air conditioners. Allows operation in hot ambient 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 5 JAN 3 0 2014 ComPac 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-up: 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. lockout 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. Delay 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 Refrigerant Power Supply enerial Milton Cede A= R410A A= 208/230V,lo,60Hz R= Elechic Reheat • C= 208.230V,3o,60Hz U= Scroll Comp. D= 460V,3o,60Hz Nominal Cooling 24 = 24,000 BTUH 30= 30,000 BTUH Configuration 2-Stage 36 = 36,000 BTUH N= ComPac°I A/C Compressor 42 = 42,000 BTUH C= ComPace 11 NC 48 =48,000 BTUH 60 = 60,000 BTUH 72= 72,000 BTUH Air Source System Tyne flertric 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: JAN 302014 Con,Pac AVPA PD,3/09 6 Original Submittal __ AVPA Summary Ratings (Wire Sizing) - Scroll Compressor ELECT.HEAT 000=None 040=4 kw 050=S kw 060=6 kw 080=8 kw 090=9 kw 100=10 kw 120=12 kw 150=15 kw BASIC VOLTAGE CIO'#1 OCT#1 CNT#1 CNT#1 CNT#1 CNT#1 CICF#1 CNT#1 CNT 02 CNT#1 CNT#2 MODEL PHASE MCA Mrs 14CA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MPS MCA MFS MCA MFS AVPA24ACA 208-230/1 18.9 30 22.3 30 27.4 30 32.7 35 43.0 45 53.5 60 AVPA30ACA 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 26.7 90 26.7 90 28.5 40 33.8 40 44.1 95 54.6 60 26.7 40 41.6 45 28.5 40 52.1 60 AVPA42ACA 208-230/1 30.7 50 30.7 50 55.2 60 30.7 50 41.6 45 30.7 50 52.1 60 AVPA48ACA 208-230/1 33.2 50 33.2 50 55.2 60 33.2 50 41.6 45 33.2 50 52.1 60 AVPA60ACA 208.230/1 40.8 60 40.8 60 57.3 60 40.8 60 41.6 45 90.8 60 52.1 60 AVPA72ACA 208-230/1 45.6 60 95.6 6D 57.3 60 45.6 6D 41.6 45 45.6 60 52,1 60 AVPA24ACC 208-230/3 13.3 20 19.4 20 28.5 3D 37.5 40 . AVPA30ACC 208-230/3 15.6 20 20.5 25 29.6 3D 38.6 40 47.6 50 AVPA36ACC 208-230/3 20.8 30 20.8 30 29.6 30 38.6 40 47.6 50 AVPA42ACC 208-230/3 22.9 35 22.9 35 30.2 35 39.2 90 48.2 50 AVPA48ACC 208-230/3 23.0 35 23.0 35 30.2 35 39.2 90 48.2 50 AVPA60ACC 208-230/3 27.5 90 27.5 40 32.3 40 41.3 95 503 60 AVPA72ACC 208-230/3 36.1 50 36.1 50 36.1 50 91.3 50 50.3 60 AVPA24ACD 460/3 7.8 15 9.7 15 14.2 15 18.7 20 23.2 25 AVPA30ACD 460/3 9.2 15 10.3 15 19.8 15 19.3 20 23.8 25 AVPA36ACD 460/3 9.7 15 10.3 15 14.8 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 AVPA60ACD 460/3 13.6 20 13.6 20 16.1 20 20.6 25 25.1. 30 AVPA72ACD 460/3 1.7.3 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=6 kw O90=9 kw 100=10 kw 120=12 kw 150=15 kw None •kw 8 kw Reheat(ACA) 10 kw Reheat(ACA) BASIC VOLTAGE CNT#1 CKT#1 CICT#1 CNT#2 CNT Al GILT#1 CRT#1 CNT 112 CICT AI CNT 02 CNT#1 CRT#2 MODEL PHASE MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS MCA MFS AVPA24ACA 208-230/1 18.9 30 39.8 40 44.9 45 50.2 60 18.9 30 52.1 60 AVPA30ACA 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 52.7 60 57.9 60 26.7 40 552.1 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 AVPA4RACA 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 AVPA60ACA 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 AVPA30ACC 208-230/3 15.6 20 33.6 35 42.7 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 AVPA60ACC 208-230/3 27.5 40 45.5 50 54.6 60 27.5 40 36.1 40 27.5 40 45.1 50 AVPA72ACC 208-230/3 36.1 50 59.1 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 18.2 20 22.7 25 27.2 30 31.7 35 AVPA36ACD 460/3 9.7 15 18,7 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 10.7 15 19.7 20 24.2 25 28,7 30 33.2 35 AVPA60ACD 460/3 13.6 20 22.6 25 27.1 30 31.6 35 36.1 40 AVPA72ACD 460/3 17.3 25 26.3 30 30.8 35 35.3 40 39.8 40 MCA=Minimum Circuit Ampaciy(Wire See Amps).MFS=Maximum Fuse Size or HACR davit breaker. MCA and MFS Calculated at 240V. Date Received: 7 COJHkP3 0 2014 Original Submittal 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 64.0 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 14.1 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 17.9 112.0 28.0 208/230-60-1 1075 1.8 1/4 208/230-60-1 1075 2.5 1/9 AVPA42ACA 208/230-60-1 19.8 109.0 31.0 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPA48ACA 208/230.60.1 21.8 117.0 34.0 208/230-60-1 825 2.8 1/3 208/230.60.1 1075 3.1 1/2 AVPA60ACA 208/230-60-1 26.2 134.0 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 3/9 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 1,4 1/4 AVPA30ACC 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 L11.0 29.4 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 5.2 3/9 AVPA72ACC 208/230-60-3 22.9 149.0 35.0 208/230-60-1 825 2.9 1/2 208/230-60-1 1075 5.2 3/9 AVPA24ACC) 460-60-3 5.1 28.0 8.0 208/230-60-1 825 1.5 VS 208/230-60-1 1075 1.4 1/4 AVPA3OACD 960-60-3 5.6 38.0 8.8 208/230-60-1 1075, 1.8 1/4 208/230-60-1 1075 2,5 I/4 AVPA36ACD 460-60-3 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 41.0 9.5 208/230-60-1 1075 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 AVPA60ACD 460.60-3 7.7 52,0 12.1 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 5.2 3/9 AVPA72ACD 460-60-3 10.6 75.0 16.5 208/230-60-1 825 2.9 1/2 208/230-60-1 1075 5.2 3/4 RLA=Rated Load Amps LRA=Locked Rotor Amps MCC=Maximum Continuous Current FLA=Full Load Amps AVPA Unit Load Amps BASIC VOLTAGE WRRENT LOAD OF RESISTIVE HEATING ELEMENTS ONLY(AMPS) TOTAL MAXIMUM HEATING AMPS(STANDARD UNIT) MODEL PHASE AMPS NUMBER HERTZ AC IBM 04 kW OS MN 06 kW 08 kW 09 kW IO kW 12 kW IS kW 04 kW 05 kW 06 kW 00 kW 09 kW 10 kW 12 kW 15 kW AVP24ACA 208.230/1/60 157 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 AVP3OACA 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 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 AVP42ACA 208-230/1/60 25.7 3.1 n/a 20.8 n/a n/a n/a 91.7 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 55.6 AVP6OACA 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 AVP72ACA 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 n/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 15.8 n/a 23.1 n/a 30.3 37.5 AVP30ACC 208-230/3/60 13.3 2.5 n/a n/a 14.4 n/a 21.7 n/a 28.9 36.1 Va 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 217 n/a 28.9 36.1 0./0 n/a 16.9 n/a 24.2 Oa 31.4 38.6 AVP42A0C 208-230/3/60 19.5 3.1 n/a n/a 14.4 n/a 217 n/a 28.9 36.1 n/a n/a 17.5 n/a 24.8 n/a 32.0 39.2 AVP49ACC 208-230/3/60 19.6 3.1 n/a n/a 10.4 n/o 21.7 n/a 28.9 36.1 n/a n/a 17.5 n/a 24.8 n/a 32.0 39.2 AVPSOACC 208-230/3/60 23.6 5.2 n/a n/a 14.4 n/a 217 n/a 28.9 36.1 n/a n/a 19.6 n/a 26.9 n/0 34,1 O1.3 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 AVP24AC0 460/3/60 6.6 0.7 n/a n/a 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 AVP30AC0 460/3/60 7.8 1.3 n/a 0/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 AVP36ACD 460/3/60 8.2 1.3 n/a n/a 7.2 0/a 10.8 n/a 10.4 18.0 n/a n/a 8.5 n/a 12.1 n/a 15.7 19.3 AVP42ACD 460/3/60 9.1 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 12.4 n/a 16.0 19.6 AVP48ACD 460/3/60 9.2 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 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 n/a n/a 9.8 n/a 13.4 0/a 17.0 20.6 AVP72A00 460/3/60 14.7 2.6 n/a n/a 7.2 n/a 10.8 n/a 14.4 18.0 Va Na 9.8 n/a 13.0 n/a 17.0 20.6 •Heating kW shown for 240V. Berate heat output by 25%for 208V service. ••Tatal heating amps for All ACA units with 15kW includes both circuits(El and 52) nn•Heater kW shown for 480V. NOTE:Three phase equipment contains single-phase motor bads.Values shown are maximum phase bads.Loads are not equally balanced on each phase.Total cooling and total heating amps include nomr bads Date Received: ('UIIIPaC AVPA PD,3/09 8 JAN 3 0 2014` Original Submittal 1-_ 0 0 AVPA Certified Efficiency and Capacity Ratings @ ARI Standard 390 24 30 36 •2 48 60 72 MODEL ACA I ACC I ACD ACA[ACC I ACD ACA I ACC I ACD AG I ACC I ACD ACA I ACC I ACD ACA I ACC I ACD ACA ACC I ACD COOLING STUN 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 Cooling rated at 95°F outdoor and 80.167°F indoor. Air ROM ratings are for unit with Me'N'ventilation coefigurad°n and no outside air. 1 PnbrmaM toll be affected by anise.. AVPA Efficiency and Capacity Ratings 24 30 36 42 48 60 72 MODEL I I I I I I I I I I I I I ACA ACC A[D ACA AC[ A[O ACA ACC pCD AG ACC ACD AG ACC ACD AG ACC ACO ACA ACC p[D COOLING BTUH 24,000 30,000 35,500 42,500 47,000 56,500 63,000 71,000 SEER 10.55 11.60 10.85 975 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 80./67°F ilMoor. Air nom'ratings are for unit with the 1.1"ventilation configuration and no outside air. 95rrorma,,ee will 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 7F/24°C 80•F/16.5•C 8S•F/29•C 90•F/32•C 95•11/35•C 100•F/38•C 105•F/40.5°C 110•r/433°C 115•F/46•C 24 27,840 26,880 25,920 24,960 24,000 23,040 22,080 21,120 20.640 30 34,040 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 90,800 39,100 37,400 36,550 48 54,520 52,640 50,760 48,880 47,000 95,120 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 68,090 65,520 63,000 60,480 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 codling capacity of the AVPA72 three phase units Is 2,000 STUN lower when Operated on 208 vul6. AVPA Sensible Total Ratio @95°F (35°C) Outside Air DB MODEL 24AC 30AC 36AC 42AC 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 NEAT RATIO 0.69 0.74 0.69 0.75 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 i 1,760 1,850 2,050 2,050 ESP I 0.10 0,15 0,15 0.15 1 0.20 0.20 0.20 0.25 Sensible ratios based upon API standard 390 return air Conditions of 600F(26.5°C)Dry Bulb/67°F(19.5°C)Wet 8u1b 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 Alr 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 voltage different from the rating point will affect air flow. D ow. . 9 JA ReceivedS" AA jt Received: Original Submittal! • • AVPSA CFM @ ESP (Wet Coil) MODEL 0.10 0.20 0.25 0.30 0.40 0.50 AVPSA36 1310 1220 1185 1150 1060 AVPSA42 1650 1585 1520 1450 1360 AVPSA48 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 different from the rating point will affect air flow. AVPSA Summary Ratings (Wire Sizing) - Scroll Compressor ELECT.HEAT 000=None 040=aInv 050=5 kw 060=6 kw 080=8 kw 090=9 kw 100=10 kw 120=12kw 150=15 kw BASIC VOLTAGE CKT FI CKT#1 CKT#1 CKT#1 CKT#1 CKT#1 CKT#1 CET#1 CKT 1/2 CRT#1 CKT#2 MODEL PHASE MCA MFS MCA MFS MCA MFS MCA MPS MCA MFS MCA MFS MCA MFS MCA MFS MCA MPS MCA 14PS MCA NFS AVPSA36ACA 208-230/1 25.1 40 25.1 40 28.5 40 33.8 40 44.1 45 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 4VP5A484CA 208-230/1 32.3 50 32.3 50 55.2 60 32.3 50 41.6 45 32.3 50 52.1 60 AVPSA60ACA 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 208-230/3 102 25 22.3 25 29.6 30 38.6 90 47.6 50 AVPSA42ACC 208-230/3 22.7 35 23.9 35 30.2 35 39.2 40 48.2 50 AVPSA48ACC 208-230/3 22.7 35 23.9 35 30.2 35 39.2 40 48.2 550 AVPSA6OACC 208-230/3 30.0 40 30.0 40 32.3 40 41.3 45 50.3 60 AVPSA36ACD 460/3 7.8 IS 10.3 15 14.8 15 19.3 20 23.8 25 AVPSA42ACD 460/3 10.6 15 10.6 15 15.1 20 19.6 20 24,1 25 AVPSA48ACD 460/3 11.0 15 10.6 15 15.1 20 19.6 20 24.1 25 AVPSA60ACD 460/3 15.3 20 15.3 20 16.1 20 20.6 25 25,1 30 MCA=Minimum Circuit Ampadty(Wire Size Amps).MFS=Maximum Fuse She or HACR Circu6 breaker. MCA and MFS calculated at 240V. AVPSA Summary Ratings (Wire Sizing) - Reheat with Scroll Compressor - ELECT.HEAT 000= 040= 050=5 kw 060=6 kw 090=9 kw 100=10 kw 120=12 kw 150=15 kw None •kw 8 kw Reheat(ACA) 10 kw Reheat(ACA) BASIC VOLTAGE CKT#1 CET#1 CKT#1 CKT#2 CKT#1 CET#1 CRT#1 CKT#2 CKT#1 CKT#2 CKT#1 CKT#2 MODEL PHASE MCA MPS MCA MFS MCA MF5 MCA MFS MCA MFS MCA MF5 MCA MPS MCA MPS MCA MFS MCA MF5 MCA MF5 MCA MFS AVPSA36ACA 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 52.1 60 32.3 50 41,6 45 32.3 50 52.1 60 AVPSA60ACA 208-230/1 40.0 60 40.0 60 26.0 30 40.0 60 52.1 60 40.0 50 41.6 45 40.0 60 521 60 AVPSA36ACC 208-230/3 18.2 25 36.2 40 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 AVRA48ACC 208-230/3 22.7 35 40.7 45 49.8 50 22.7 35 36.1 40 22,7 35 45.1 50 AVP5A60ACC 208-230/3 30.0 40 48.0 50 57.1 60 30.0 40 36.1 40 30.0 40 45.1 50 AVPSA36ACD 460/3 7.8 15 16.8 20 21.3 25 25.8 30 30.3 35 AVPSA42ACD 960/3 10.6 15 19.6 20 24.1 25 28.6 30 33.1 35 AVPSA48ACD 460/3 11.0 15 20.0 25 24.5 25 29.0 30 33.5 35 AVPS160ACD 460/3 15.3 20 24.3 25 28.8 30 33.3 35 37.8 40 MCA=Minimum Circuit Ampacly(Wire Size Amps).MFS=Maximum Fuse See or HACR circuit breaker. MCA and MFS calculated at 240V Date Received: ComPac AVPA PO,3/03 10 JAN 3 0 2014 Original Submittal • AVPSA Electrical Characteristics BASIC COMPRESSOR OUTDOOR FAN MOTOR 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 1/3 208/230-60-1 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 96.0 310 208230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPSA6OACA 200/230-60-1 25.6 118.0 40.0 208230-60-1 825 2.8 1/3 208/230.60-1 1075 5.2 3/4 AVPSA36ACC 208/230-60-3 11.1 58.0 17.4 208230-60-1 825 1.8 1/3 208/230-60-1 1075 2.5 1/4 AVPSA42ACC 208/230.60-3 13.4 88.0 21.0 208230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPSA48ACC 208/230-60-3 13.4 88.0 21.0 208230-60-1 825 2.8 1/3 208/230-60-1 1075 3.1 12 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 AVP5A36ACD 46060-3 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 11 12 AVPSA48ACD 460-60-3 6.4 41.0 10.0 208230.60.1 825 2.8 1/3 208/230-60-1 1075 3.1 1/2 AVPSA6OACD 46060-3 9.0 62.0 14.0 208/230-60-1 825 2.8 1/3 208/230-60-1 1075 5.2 3/4 RLA=Rated Load Amps IAA=Locked Rotor Amps MCC=Maximum Continuous Current FLA=Full toad 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 55.6 AVPSA48ACA 209-230/1/60 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 208-230/1/60 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 67.1 AVPSA36ACC 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 n/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 AVPSA60ACC 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 n/a 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 AVPSA42ACD 460/3/60 9.1 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 12.4 n/a 16.0 19.6 AVPSA48ACD 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 12.4 n/a 16.0 19.6 AVPSA6OACD 460/3/60 13.0 2.6 n/a n/a 7.2 n/a 10.8 n/a 14.4 18.0 n/a n/a 9.8 n/a 13.4 n/a 17.0 20.6 •Heating kW shown for 240V. berate heat output by 25%for 208V service. ••Total heating amps for ALL ACA units with 15kW Includes bath amui6(#1 and Y2) -Heater kW shown for 480V. NOTE:Three phase equipment contains single-phase motor bads.Values shown are maximum phase loads.Loads are not equally balanced on each phase.IDbl dialing 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 IBS/KG LBS/KG LBS/KG LBS/KG COMPAC•I 274/125 355/160 355/160 495/225 521/240 535/245 600/272 COMPACP II 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) 16 x 25 x 2 16 x 30 x 2 22 x 36-1/2 x 2 18 x 24 x 2' FILTER SIZE(MM) 406 x 635 x 51 406 x 762 x 51 559 x 927 x 51 452 x 610 x 51 *Two filters required. • Date Received: 11 ComPac AVPA PD,3/09 JAN 302014 Original Submittal( Dimensional Data - AVPA24 ComPac® I & ComPac® II Air Conditioners MODEL A B C D E F G H I J K L M N 0 P AA BB 24(in.) 3912 171/4 7112 8 2012 12 2711/16 20 33/4 38 5/16 111/16 7/8 38 2711/16 26 35/6 175/8 351/4 24(mm) 1003 438 1816 203 521 305 703 508 95 922 43 22 965 703 660 92 448 895 NOTE:Dimensional tolerance A 1/16" MOUNTING HOLES A a CTR TO CTR M I I . SuPPMAir QMa�j( 20'x8•/Nominal) 508 mm x 203 mm H—°1 67.0" S I1702 mm E I I DISCONNECT 50-3/4• ACCESS O 1289 mm C Return Air I iouTSIDEAIR HOOD I P— a 20"x 12*(Nominal) il 508 mmx305 mm I 876 mm i zt . if IR OLET I 18.1112• 470 mm L 2.0" FRONT VIEW BACK VIEW s1 mm ..—B—s 1x2.0•/51 mm F LL _. —Y4 d J HEATER — I D ACCESS 2.0•l 51 mm I—E. SLOTS IN 20,/E co 51 mm dK 11J s.. JQ 0 '1 F r = z D•/- CC=O— J51 mire 1 . (4;9/163:41 (9°"") 41 A/m163m-9)1\16'(90"") O M O e —o A O 3/8"(10 m m) (9 PLC'S)= C f I ae - 1-1/16(27 mm)+ BOTTOM MTG.BRKT. W/MTG.HOLE LOCATIONS �u •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 I.D.DRAIN If dimension centered between•A'dimension R.H. SIDE VIEW Date Received: C mPac AVPA PD,3/09 12 JAN 302014 Original Submittal l • • Dimensional Data - AVPA30/36 & AVPSA36 ComPac® I & ComPac® II Air Conditioners MODEL A B C D E F G H I J K L M N 0 P AA - BB AVP4303(0) 44 916 171/4 7112 8 18 14 A 7/16 33 33'4 36 516 111/16 7/8 4388 2711/16 26 398 201/4 401/2 HrPA'4m) AVP°3136("14 1132 438 1816 333 457 33 722 711 95 922 43 22 1035 TB &L 92 514 1023 ITWPA24(nn NOTE:Dimensional tolerance±1/16" MOUNTING HOLES I– J CTR TO CTR f A ' M Q E• I I SupplyAir � �' 28'x 8•(Nominal) 711 mm x 203 nun 87.0' - H--•••1 1702mm --[. ',4 E ' DISCONNECT ACCESS 503/4' 1 289 mm C y�—yx�,� Return Air • OUrsIDEAII RH0GD1 ID - - 28"x 14"(Nominal) Iii • 3. AIR OUTLET 711 mm x 537 mm 34-12' 876 mm N K.O.'s"` • E� 0 �� 18.1/2" 470 mm I 2.0• FRONT VIEW BACK VIEW 51 mm � B—o x2.0151 mm IL ij_. HEATER D ACCESS – 2.0.7 51 mm Ib Imo— i E SLOTS IN 20•/ KCIIv 51 Inm Y s.. II`I 2.01— j5t mrr= —■■ G, 3-9/16'(90 mm) I. M M� ,3/8'(10mm) yliGINE 4.9,16' \ AI o 0 o IA/ (9 PLC'S) (tlfimm) 4 0 0 0 0 7 f BB . 1-1/16'(27 mm)J BOTTOM MTG.BRKT. /� W/MTG.HOLE LOCATIONS 3/4' (19 mm)'" L0.DRAIN •CI does not have side louvers 0dpp n,c R.H. SIDE VIEW ••KO=knockouts-sized to accept 3/4'(19 mm)xv.(25 mm)electrical no ✓ate Received. 'H'dimension centered between'A-dimension LJ 13 qAVN01 2014 Original Submittal l0 • • Dimensional Data - AVPA42/48/60 & AVPSA 42/48/60 ComPac® I Air Conditioners MODEL A B G D E F G H J K L M N _ O P OR MR/44246E0 42116 7196 65 10 31 16 26 V2 33 1 5/16 40 916 36 916 1 116 43 V2 32316 30343 1 V4 81 5'16 13'4 JNPA3Y5 Tn1 AVPA42/6863 1010 515 2161 254 762 406 673 762 33 1810 979 23 1V6 fit 772 32 2116 44 HrPNA'3d®1 M A I MOUNTING HOLES CTR. TO CTR. �3/8' SO (10 PLC'S) • SuPPN At • • 30'x10-(NOmuml) 762 mm x 254 mm • • • • H - BREAKER • C COVER RetumAir PI 30'X16'(N6millaf) �i —ft • --_..- - -. .q 762 mmx406 mm \ H _ 3/4' X 1' EEl NR == == N 0 ELECTRICAL K.O.'S =C7 OUTLET I 2403 903 u — I-1500 FLANGE WIDTH FRONT VIEW BACK VIEW B L 2.90 D HEATER ACCESS COVER 3/4' X 1' ELECTRICAL K.O.'S O I F I� 2Ay J K NR INLET f. 1 3759 (6 PLC'S) • 1 I xm1 1�j1_ _MTh 19.76—I 3/41A. DRAIN >o BOTTOM MTG. BRKT. R.H. SIDE VIEW W/MTG. HOLE LOCATIONS Date Received: ComPac AVPA PD,3109 14 • JAN 302014 Original Submittal "I° • Dimensional Data - AVPA42/48/60 & AVPSA 42/48/60 ComPac® II Air Conditioners MODEL A B C D E F G H I J K L M N 0 P 0 R AW442'464® 42-1/8 2258 E6 10 31 16 2612 3) 1 5116 40 916 39 9'16 1 V8 43W 3238 3)78 11/4 81 916 134 2ATA3Calil1 AW447/4210) 1010 575 2184 254 762 NC 673 42 31 1337 979 27 1105 82 772 32 2116 44 FM1813 .zim10 M A MOUNIINC HOLES CIR. TO OW. 73/B' SO (10 PLC'S) Supply Air 30'x 10'(Nominal) 762 mm x 254 mm • H BREN ER ACCESS C COVER FRESH NR Rehm Au . SLOTaimims {. PI I 3D41x'&(Nom11189 -'R h. . 762 4040x406 mm q • / 4/4-FIX 1' H CURET == N.. 5.110 FRONT VIEW 1340 FLANGE WID111 BACK VIEW im / D HEATER— ACCESS COVER rr 3/4' X 1' E / E).ELRRIGL NR I- FRESH —� F E J K MR L INLET 3759 (6 PLC'S) ' : z'Im J_ 120- —19.75 19.75�I 3/4I.D. DRAIN um R.H. SIDE VIEW W/MT0 OHOLE LOCARONS Date Received: 15 CanPac AVPA PD,3/09 JAN 302014 Original Submittal_ • • • \ . _ Dimensional Data - AVPA72 ComPac® I & ComPac® II Air Conditioners 64 7/8. 1140mm i�-e main Ine 0% as 1 Hamm ∎• an _ _ Man mm. I a�wme. I 2htavair 2M n, 1I >szmm_m.�,.�, ,.m ne non.) D..w• uy ®1M .• m z.IIIIF _ _ dune Wvlr � 68""' I v.Immw I ® . a%mm l� m.Ina �mm 'i rozmm: 71100 (51 mmt zv4 " I_ _I " M,mm, mm_ I 1 Unto.Wl 11I? mm Y T I I 1 •mm rai IB' <51Imm P . r a'IU'ymml o1 1044,1 I .. 41va- U I loom rral BACK VIEW FRONT VIEW 2 i 1:1 — mm MAW norm Knockout ' 2 M np.ml 11117in�mml soa — — d- - — (CImM) 40Ne uvle• _ _ memm awmm _ — Cacu.a -- : —_ B NiN Stl- I m69f5.mm LEFT SIDE VIEW Please consult the Marvair®website at www.marvair.com for the latest product literature. Complete Installation Instructions are In the ComPac0 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. P.O. Box 400 • Cordele,GA 31010 [eMa rvair 156 Seedling Drive • Cordele,GA 31015 Date Received: Ph: 229-273-3636 • Fax: 229-273-5154 •ama.mlom4svwr '` Email: marvair @airxcel.com • Internet: wo w.marvair.com ComPac AVPA PD,3/09 16 JAN 302014 Original Submittal________