Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Application APPLICANT 4/24/2020
City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Land Division Plat Partition, Subdivision SPRINGFIELD w 0#1 Application Type (Applicant. dieck one) Partition Plat Pre -Submittal: © Subdivision Plat Pre -Submittal: ❑ Partition Plat Submittal: Required Project Information Applicant Name: darn Rammer ❑ Subdivision Plat Submittal: ❑ (Applicant., complete this section) Phone: W 331103 Company: JPRammer Pmeries Fax: Address: W4 nger St.Euge.01497402 Applicant's Rep.: soonl.wrria Phone: 11ao2-9790 Company: AaOEngl.rmg LLC Fax: Address: Sea o Street Sune 200 Spdnggeld, OR 9747 Pro ertOwner: tumttO Phone: Company: Fax: Address: PO Box 2286 Eugene, OR 97402 ASSESSOR'S MAP NO: +7-03-3+-++ TAX LOT NOS : tee Property Address: 41071ndxnal Ave Sprmgneid.OR 97478 Size of Property: 4.24 Acres ® Square Feet ❑ Proposed Name of Subdivision: Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: 2 Parcel PaNdon Existing Use: Sbrage unlw vacant Tentative Case #: # of Lots Parcels: Av . Lot Parcel Size: sf Densit : du/acre Si natures: Please si n and print Required Project Information Associated Applications: your name and date in the appropriate box on the next pace. (City Intake Staff., complete this section) Pre -Sub Case No.: Date: Reviewed by: Case No.: Date: Reviewed by: Application Fee: $ Technical Fee: $ Posta a Fee: $0 TOTAL FEES: $ PROJECT NUMBER: Revised 10.14.13 kl 1 of b 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. 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 timelines, information, requests and requirements conveyed to my representative. d Y t tt"' Date: Si at re Print 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 QRS 227.178 pertaining to a complete application. Date: Signature Revised 10.14.13 kl 2 of 6 Land Division Plat Application Process (see next page for a diagram of this process) 1. Applicant Submits a Land Division Plat Application for Pre -Submittal • The application must conform to the Land Division Plat Pre -Submittal Requirements Checklist on pages 4-6 of this application packet. • A pre -submittal meeting to discuss completeness is mandatory, and pre -submittal meetings are conducted every Tuesday and Friday, from 10:00 am - noon. • Planning Division staff strives to conduct pre -submittal meetings within five to seven working days of receiving an application. 2. Applicant and the City Conduct the Pre -Submittal Meeting • The applicant, owner, and design team are strongly encouraged to attend the pre - submittal meeting. • The meeting is held with representatives from Public Works Engineering and Transportation, Community Services (Building), Fire Marshall's office, and the Planning Division and is scheduled for 30 to 60 minutes. • The Planner provides the applicant with a Pre -Submittal Checklist specifying the items required to make the application complete if it is not already complete, and the applicant has 160 days submit a complete application to the City. 3. Applicant Submits a Complete Land Division Plat Application • When the applicant has addressed all items on the Pre -Submittal Checklist and the City Surveying Section has notified the applicant's surveyor that the plat and other documents are sufficiently refined, the applicant can submit a complete application to the City Survey Section located in the NW Quad of City Hall. • The application must conform to the Land Division Plat Submittal Requirements Checklist on page 6 of this application packet. • If the submittal is deemed complete, the City Survey Section will sign -off on the City Survey approval sheet and send the applicant to the Development & Public Works Department for application submittal and fee collection. • Planning staff checks and signs the mylars. 4. Applicant Records Plat at Lane County & Submits Plat and Documents to City • After Planning staff checks and signs the mylars, the plat may then be recorded by the applicant's surveyor at Lane County. • After plat has been recorded at Lane County, applicant submits five (5) recorded, rolled paper copies of the plat and three (3) copies of required documents to the Development & Public Works Department prior to the issuance of building permits. Revised 10.14.13 kl 3 of 6 LAND DIVISION PLAT APPLICATION PROCESS Applicant submits land division plat application for pre -submittal (See Land Division Plat Pre -Submittal Requirements Checklist) City departments review application for completeness and hold pre -submittal meeting to discuss completeness issues with applicant and applicant's representatives. Applicant addresses incomplete items. City Surveyor checks application and returns comments to applicant's surveyor. Applicant's surveyor corrects plat City Surveyor conducts field check and and returns to City Surveyor. returns comments to applicant's surveyor Applicant's surveyor sets new monuments and flags existing ones. Once no errors appear on the plat and a current title report is submitted, applicant's surveyor is given ok to submit complete land division plat application. After ok given from City Surveyor and applicant has addressed all incomplete items from pre -submittal, applicant submits complete application to the City Survey Section (See Land Division Plat Submittal Requirements Checklist) City Survey Section signs -off on City Survey approval sheet and sends the applicant to the Development & Public Works Department for application submittal and fee collection. Planning staff checks and signs mylars and notifies applicant's surveyor of approval. Applicant takes plat and accompanying documents to Lane County for recording. Applicant brings copies of recorded plat and documents to Development & Public Works Revised 10.14.13 Id 4 of b Land Division Plat Pre-Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development & Public Works Department. Any applicable application, technology, and postage fees, are collected at the pre-submittal and submittal stages. Q Land Division Plat Application Form ® Letter Addressing Conditions of Approval - lists and addresses each condition of approval, detailing the actions taken and current status of each item. Five (5) Paper Copies of the Plat stamped and signed by the surveyor. © Two (2) Copies of Closure Sheets for the boundary and each lot or parcel and all common areas, dedicated areas, and easement areas that are not simple parallel offsets. Two (2) Copies of Title Report or Subdivision Guarantee for the parcel being divided. The title report must be dated within 30 days of submittal at the time of the final submittal. An older report is OK at the pre-submittal stage. ® Two (2) Copies of Each of the Reference Documents and Plats listed on the plat. © Two (2) Copies of Each of the Supporting Documents - the vesting deed (must vest title to the owner listed on the plat), existing easement deeds, and documents listed as exceptions in the title report, etc. Fu Two (2) Draft Copies of any street dedications. FN/Two (2) Draft Copies of Any New Easements or Restrictions being created by separate document, improvement agreements, maintenance agreements, joint use ingress/egress and utility easements, sewer hook up in lieu of assessment, and any other documents that will be recorded together with the plat or that are required by the Conditions of Approval. Two (2) Copies of a Consent Statement (Concurrence) on the plat (to be signed by the lender prior to final approval) OR Two (2) Copies of an Affidavit of Consent by separate document is required from all Trust Deed, mortgage, or other secured loan interest holders against the property to be recorded simultaneously with the plat IF any public dedications or easements are being made and/or any other interests are being transferred to the public per ORS 92.075 (2-4). /A Copies of Wetland Documents as required. "/ Copies of ODOT Access Permits as required. u Draft Copy of Bargain and Sale Deed for Reserve Strips - City Survey Section has a template. w Verification that Street Tree Agreement is in Progress as required. 0 Draft Copy of the Conditions, Covenants & Restrictions (CC&Rs) as required. Revised 10.14.13 kl 5 of 6 ®' Post Monumentation Deposit as required for subdivisions only. City Survey Section has current fee schedule and templates. ® Location of Any Floodways in accordance with SDC 3.3-400. Existing Easements Clearly Identified with Their Recorded Reference. New Easements and Reserve Strips Referenced in Owner Certificates of Dedication and Purposes of Easements Identified on Plat. NOTE: When, as part of the approval process, the application has been conditioned so that the recordation of a document is required, the applicant shall be responsible for paying the Lane County recording fee for any such required document. Documents which may require recordation include, but are not limited to: Development Agreements; Improvement Agreements; Deed Restrictions; Future Development Plans; Easements; Joint Use Access/ Maintenance Agreements; and Dedications of Right -of -Way. Land Division Plat Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. ❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development & Public Works Department. The application, technology, and postage fees, where applicable, are collected at the time of complete application submittal. ❑ Land Division Plat Application Form ❑ Two (2) Copies of the Deed ❑ Two (2) Copies of a Title Report issued within 30 days of the date Lane County will record the plat. ❑ Original Plat on Mylar with notarized owner(s) signature(s) and signed surveyor stamp. ❑ Copy of the Mylar on Bond Paper ❑ Original and Copy of all Required Documents with signatures where appropriate. Revise, 10.14.13 kl 6of6 Final PARTITION FOR Lulu, LLC /ACR Properties, LLC Submission No. I Document Date: April 20�, 2020 Applicant's Request: Request(orapproval for Partition Presubrnittal to create 2 parcels Property Owner/ Applicant: Lulu, LLC P.O. Boz 2266 Eugene, OR 97401 ACR Properties An Oregon LLC Applicant's Representative/ AaO Engineering Project Manager/ Planning: Scott Moms PE 380 Q Street, Suite 200 Springfield, OR 97477 Surveyor: EGR a Associates Ryan Erickson 2535 Prairie Rd Eugene, OR 79402 Subject Property: Assessors Map 17-02-31-11; Tax Lot 100 Location: 4107 Industrial Avenue Property Size: 4.23 acres Zoning: HI (Heavy Industrial) Comprehensive Plan: NONE Number of Parcels Proposed: 2 Size Proposed Parcel 1: 67,323 sq. ft. Size Proposed Parcel Z: 117,114 sq. ft. Background This is an application fora partition fora property located at 4107 Industrial Avenue to create 2 parcels out of one legal lot (Lot 2, J.P. Hammer Industrial Park). The site currently has a storage facility with 135 units on proposed Parcel 2 with the remainder being vacant with a proposed development in the planning phare on Parcel 1. In reference to 1P Hammer Industrial Park (CSF 37493) per EC 9.0500, a legal lot is "a lot of record that has boundary lines that were established through a partition or subdivision procedure or by a deed recorded before April 2,1962.- In ,1962." In this written statement 5.12-145 Plat Criteria are addressed to demonstrate that this application meets all of the SDC requirements and criteria. Within this document, the SDC text excerpts are in italics and the applicants responses are in plain text. 5.12-145 Plat Criteria The DirecLai in mreuhaton with tre City Surveyor and City Engineer shall approve or deny the Plat Approval shall be based on compliance with the following cntena: A. The City Surveyor has approved tre Flat forrompliaxe with applicable platting requirements in a=ml sane witr State Law, Lane County Ordinances and any o6erapplicable regulatons. The Tentative Partition application was approved February 6v,, 2020 (Case 811-19-000310-TYP2) B. Strcets, dryde paths, accessways, and alleys forpublic use have been dedicated without any rerervatwn ormtsLncton other than reversionary rights upon vacaton. No dedications are proposed for this application C. FLblic improvements, as required by this Code oras a mnditwn of Tentahwe Flan approval, are mmp/eted, or. 1. A petton for public improvements and for the assessment of the real property for the improvements has been signed by the property own seeking the land division and tee petton has been accepted by tee City Engineer, or 2. A performance bond orsuitable substtute as agreed upon by the City Engineer and tee applicant has been filed with the City in an amountsuf&ient to assure the mmpleton of all required public irnprovements. There is an existing Improvement agreement shown on the title report (Recpetion #2002- 030595), recorded April 19m. 2002. No performance bond is required since there are no associated public improvements with this partition. D. FLblic assessments, liens, and fees with iespect to the land division have been paid, or. 1. A segregaton of assessmenty andhens has been appled forandgranted by 6-- City, heCity, or 2. An adequate guarantee in a form a=ptable to the City has been provided assuring the liens, assessments and fees will be paid prior to recording the Flat Not applicable. E. Aff corditons of Tenbtve Flan approval have been met and the Flatsubstantally conforms to the provisions of the approved Tentatve Flan. There were no conditions of approval to be met outside of the decision February 6*,, 2020 (Case 811-19-000310-TYP2) Y w9rm CASCADE TITLE COG AFTER RECORDING RETURN TO: CASCADE TITLE COMPANY 811 WI LIAM PTFE ST, EUGENE, OR 97441 TITLE No. Gib 571t1i E LSJ -E"41 to 0 0 �k "? 1 . 3) (o 1 C1 L �j TAX ACCT. NO. 1688678 MAPITAX LOT NO, 17 02 31 110100 GRANTOR OAKWAY GOLF, INC. and FOSSY, LLC GRANTEE LULU, LLC P. O. BOX 2266 EUG ENE, OR 97402 Until a change is requested all tax statements shall be selit to the following address. ***SANTE AS GRANTEE*** Lana County Clerk Lane County [deeds and Records 111111ii 111 1011111111111111111111111111111111111 01616613201600597470020026 2016-059141 121at/mis -DEED Cnt=1 S#.n-9 CASHIERiZ;56;1Z PM X10.00 $20000 $11.00 $21.00 $10.00 After recording return to. CASCADE TITLE CO. 811 WILLAMETTE EUGENE, OR 97401 WARRANTY DEED -- STATU'T'ORY FORM OAKWAY GOLF, INC., an Oregon Corporation AND FOSSY, LLC, an Oregon Limited Liability Company, Grantor, conveys and warrants to LULU, LLC, an Oregon Limited Liability Company, Grantee, the following described real property flee of encumbrances except as specifically set forth herein: SEE EXHIBIT A WHICH IS ,MADE A PART HEREOF BY THIS REFERENCE BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS! IF ANV, UNDER ORS 195.300, 195,301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 4249 OREGON LAWS 2407, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2409, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON[ LAWS 2010, THIS INSTRUMENT DOES NOT ALLOW USE OF T14E PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LANDS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPER'T'Y SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPAWrMENT TO VERIFY T14AT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUI'T'S AGAINST FARMING OR FOREST' PRACTICES, AS DEFINED IN ORS 309930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 119 CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTERS, OREGON LAS'S 203.0. Except the following encumbrances, The true consideration for this conveyance isFe . Dated this day o 0AKWAY-*GULF? INC. 13Y'T Y V NZ JOHN AMMER, PRESIDENT e of regon Court of LANE dorLvow5 Z(/ FOSSY&LC This instrument was acknowledged before nye on 14AMMER, PRESIDENT of OAKWAY GOLF, INC. and JO behalf orthe grantor. WR �_ CPFICYN6 3TAiI P 10BERT CRAM CARPE (rotary Public fo3- Or( NOTARY Pu8UCn0RE t443'co mission expires •• COMMISSION We 948W COMMISSION EVIRES MARCH 231�� 3 JOHN $AMMER, MANAGER HAMMER, MAMA ..... ..: .._.�:;<.::R�.�»a{,�. Ya. _.., .. _ _.. ..?'%+a�'Fs�lA:+3%-:.�_sz2acsaT;rr4?./�rh.i4,,.kas,4.,r�.x�g:E... _..y-.,,�.. �.,.... .. w<.'yr�-: •--. .. —, 2016 by JOHN GER of FOSSY, LLC, on r x Pg,-C)PERTY DESCRIPTION Lot 2 of HAMMER INDUSTRIAL PARK, as platted and recorded on April 17, 2002, Reception No, 2002-030122, Lane County Deeds and Records, in Lane County, Oregon. EXCEPT: Beginning at the Southwest corner of Lot 14 of said HAMMER INDUSTRIAL PARK and run thence along the Westerly boundary of said Lot North 5' 36' 00" East 312.11 feet; thence North 27" 20' 34" West 44.53 feet to a point on the Southerly right of way of Industria]. Avenue; thence leaving said Lot line and running along said Southerly right of way along the arc of a 535.00 foot radius curve to the right, the long chord of which bears South 69° 59' 30" West 28.59; thence leaving said right of way South 5° 36' 00" west 337.12 feet; thence South 840 24' 00" East 50.00 feet to the place of beginning, in Springfield, in Lane County, Oregon, ... ... au• ♦ ..a Y - Y AFFIDAVIT OF CONSENT KNOW ALL MEN BY THESE PRESENTS that SELCO Community Credit Union, an Oregon state- chartered bank, is the beneficiary in the amount of $1,233,750.00 to property referred to in a certain Deed of Trust recorded December 18m, 2017 Reception No. 2017- 061787, Lane County Deeds and Records. FURTHER, said property is being Subdivided according to Oregon Revised Statutes. NOW THEREFORE, SELCO Community Credit Union, an Oregon state -chartered bank, hereby gives their consent and concurrence to the Subdividing of said property. Dated this day of 12020. (signature) (print) (titre) SELCO Community Credit Union State of ) )ss County of ) Personally appeared before me, , on behalf of SELCO Commuruty Credit Union, as their free and voluntary act and deed. Dated this day of .2020. Notary Public of (state) My commission expires: After recording to: A& 0 Engineering LLC, 390 Q Street, Suite 200, Springfield, OR 97477 T CASCADE TYTLE CD. JOHN P. HAMMER ATTN: JOHN HAMMER P.O. BOX 2550 EUGENE, OR 97402 *0315881 STATUS OF RECORD TITLE REPORT SUPPLEMENTAL Date: DECEMBER 20, 2019 Our No: CT -0315881 Charge: $300.00 As requested, Cascade Title Co. has searched our tract indices as to the following described real property: ( A T T A C H E D) and as of: DECEMBER 12, 2019 at 8:00 A.M., we find the following: Vestee: ACR PROPERTIES, LLC, an Oregon Limited Liability Company; and LULU, LLC, an Oregon Limited Liability Company Said property is subject to the following on record matters: 1. Easement for power line, including the terms and provisions thereof, granted Mountain States Power Co., by instrument recorded March 8, 1929, Reception No. B161 P236, Lane County Oregon Deed Records. (Location undeterminable) 2. Easement for power line, including the terms and provisions thereof, granted Mountain States Power Co., by instrument recorded March 8, 1929, Reception No. B161 P238, Lane County Oregon Deed Records. (Location undeterminable) 3. Easements, conditions, restrictions and notes shown, set forth or delineated on the recorded Plat of J. P. Hammer Industrial Park, recorded April 17, 2002, Reception No. 2002-030122, Lane County Deeds and Records. 4. Covenants, conditions, restrictions and easements, including the terms and provisions thereof, (but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law) in Declaration recorded April 17, 2002, Reception No. 2002-030124, Lane County Deeds and Records. 5. Improvement Agreement, including the terms and provisions thereof, Notice of Potential Assessment Lien, between Oakway Golf, Inc., and the City of Springfield, recorded April 19, 2002, Reception No. 2002-030595, Lane County Deeds and Records. MAW OFHCE FLORENCE OFFICE WI GEPLAZAOMCE 811W LAMETTESM 915 HW 101' FLORENCE OREGON 97439 47M VE,LAGE PLAZA LOOP SUITE 100 EUGENE, OREGON 9]401 MAN.ING: PO BOX 508' FLORENCE OREGON 97439 EUGENE, OREGON 97401 PH: (541) 6872233 * FAX: (541)185-0309 PH: (541) 99]341] * FAX: (541)9978246 PH: (541) 653-8622 * FAX: (541) 844-1626 Order No. 0315881 Page 2 6. Development and Easement Agreement, including the terms and provisions thereof, between Oakway Golf, Inc., and Paisley, LLC, recorded November 8, 2002, Reception No. 2002-087785, Lane County Deeds and Records. 7. Notice of Operations and Maintenance Agreement, including the terms and provisions thereof, recorded October 29, 2016, Reception No. 2016-052693, Lane County Deeds and Records. B. Public Water Utility Easement, including the terms and provisions thereof, recorded November 29, 2016, Reception No. 2016-058928, Lane County Deeds and Records. 9. Deed of Trust (Line of Credit), including the terms and provisions thereof, executed by ACR Properties, LLC, an Oregon Limited Liability Company and LULU, LLC, an Oregon Limited Liability Company, Grantor, to Cascade Title Company, Trustee, for the benefit of SELCO Community Credit Union, Beneficiary, dated November 17, 2016, recorded December 1, 2016, Reception No. 2016-059798, and re-recorded December 12, 2017, Reception No. 2017-060870, Lane County Deeds and Records, to secure payment of a note in the amount of $1,233,750.00. Modification of Deed of Trust, including the terms and provisions thereof, recorded September 6, 2017, Reception No. 2017-099191, and re-recorded December 12, 2017, Reception No. 2017-060872, and recorded December 18, 2017, Reception No. 2017-061787, Lane County Deeds and Records. 10. Assignment of rents due or to become due and accruing from said property, including the terms and provisions thereof, between ACR Properties, LLC, an Oregon Limited Liability Company and LULU, LLC, an Oregon Limited Liability Company, and SELCO Community Credit Union, dated November 17, 2016, recorded December 1, 2016, Reception No. 2016-059799, and re-recorded December 12, 2017, Reception No. 2017- 060871, Lane County Deeds and Records. 11. Notice of Operations and Maintenance Agreement, including the terms and provisions thereof, recorded January 5, 2018, Reception No. 2018-000856, Lane County Deeds and Records. NOTE: The property address as shown on the Assessor's Roll is: 9107 Industrial Avenue Springfield, OR 97978 NOTE: Taxes, Account No. 1600670, Assessor's Map No. 17 02 31 1 1, 4100, Code 19-00, 2019-2020, in the amount of $11,318.37, PAID IN FULL. NOTE: This report is being supplemented to remove prior exception no. 1, and update the taxes. This report is to be utilized for information only. This report is not to be used as a basis for transferring, encumbering or foreclosing the real property described. The liability of Cascade Title Co. is limited to the addressee and shall not exceed the premium paid hereunder. CASCADE TITLE CO., by: ec: Title Officer: KURT BEATY Order No. 0315881 Page 3 PROPERTY DESCRIPTION Lot 2 0£ S.P. HAMMER INDUSTRIAL PARK, as platted and recorded on April 17, 2002, Reception No. 2002-030122, Lane County Deeds and Records, in Lane County, Oregon. EXCEPT: Beginning at the Southwest corner of Lot 19 0£ said S.P. HAMMER INDUSTRIAL PARK; and run thence along the Westerly boundary of said Lot North 5° 36' 00" East 312.11 feet; thence North 27° 20' 39" West 99.53 feet to a point on the Southerly right of way of Industrial Avenue; thence leaving said Lot line and running along said Southerly right of way along the arc of a 535.00 foot radius curve to the right, the long chord of which bears South 69° 59' 30" West 28.59; thence leaving said right of way South 5° 36' 00" West 337.12 feet; thence South 89° 29' 00" East 50.00 feet to the place of beginning, in Springfield, in Lane County, Oregon. 1 CASCADE TITLE CO. MAP NO. 17-02-31-11 -_--- MDUSTIZIALAVENUE Io 0] w 3 200 °'°' 2.08 AC goo 3 423AC 2 S.PR.R. 5374oa I THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES, LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON. r i i r r r6 iA W r r 984'@1PE THIS MAP/PLAT IS BEING FURNISHED AS AN AID IN LOCATING THE HEREIN DESCRIBED LAND IN RELATION TO ADJOINING STREETS, NATURAL BOUNDARIES AND OTHER LAND, AND IS NOT A SURVEY OF THE LAND DEPICTED. EXCEPT TO THE EXTENT A POLICY OF TITLE INSURANCE IS EXPRESSLY MODIFIED BY ENDORSEMENT, IF ANY, THE COMPANY DOES NOT INSURE DIMENSIONS, DISTANCES, LOCATION OF EASEMENTS, ACREAGE OR OTHER MATTERS SHOWN THEREON. )"➢G SEJ Sae 1S T 16 S R 1 Pi. W.M. And the said Mountain States Power Company, its successors and assiGas, for the purpose aforesaid, is fully authorized and empowered to enter also the above Fxvmises for tha purpose 0. cc.struoting and maintaining its said polos, winos, fixtures and cgd.ym.nt ths".1 t?.add over the same as above provided, and the richt to trim any trace necessary to keepthe wires onsaid poles, fixtures, and equipment clear. TO HAVE AND TO HOLD the above cautioned rights, privileges and easaudnts ante the said Mountain States POWer Company, its successors and assigns, perpetually and forever, I IN TESTIMONY '11HEREOF, We have hereunto set our hands and seals this lot day of Septembe'j 1925. Done in the presence of 'Phos. A. pickers on (Sb_AL) H. F. Merrill Dessie J. Disks.... (SEAL) W. F. White STATE OF OREGON) COUNTY OF LNCN )as Go this, the 14th day of January. 192U personally came before me, a Notary Public in end for the State of Oregon, the within named Thomas _ Dickerson and Dessie J. his wife, to me personally known. to be the identical person_deseribed in and who executed the foregoing instrument, and acknowledged to me that they executed the same freely sad voluntarily and for the uses and purposes therein nerved: -: 1111ESS my hand and Notarial seal the day and year first above written. L. Cf. Edwards Notary Public for Oregon Notarial Seal. My commission expires duly 30, 1930 RIGHT-CF-WAY LIES 96518 Mike Grail, at ux ) Filed for Record Mar 6,1929, 3:06 .°clock P.M. to W. H. Dillard, County Clerk, Mountain States Power Company ) By Eva L. Duckworth, Deputy. duly 20, 1926 For and in consideration of the sum of One (_1.00) Dollar receipt whereof is hereby acknowledged, e right-cf-way is hereby granted to Mountain Stales Power Company, a Delaware corpor¢tion, its succ as sots and assigns forever, with the right Co erect and maintain: Three (3) poles ead five (5) anchors, With the necessary wires end fixtures thereon and to keep same free from foliage across that property belonging to Mika Grail and his wife, Martha Grail and situated in the County of Lane, State of Oregon, and described as follows; The N. W. 1/4 Of 6eetion 32 TWP 19 S A 2 W. 11I.M. III it in understood �hat the employs.. of the Mountain States Power Company, its successors and assigns, shell at any time when necessary have access to said right-of-way and the equip-' meat thereon, far the purpose of repai xs, etc, pmvide-always that said Mountain States Solver Company, its successor$ and assigns shall be held responsible at any and ail times for any damage which be uwa sarily done to the property above de s.. ibed. III WITNESS our hand a= and seal_ this 20_ day of Suly,1926. Done in the presence of: Mike Greif SEAL W. F. Whit. Marine Greif D_AL H. F. Msrrill state of oregon15e County of Lane ) HL IT HL➢LPIIHEREL, I That on this twenty sixth day Sofa Joe. ➢ 1999 h f , in. ania signed, a Notary Public in and for toTe sau`eaunty named Mike Greif _ Martha Greil,_ Who are known to me to he the identical x¢divid ziz aho executed the within instrument, and acknowledged to me that they executed the same freely j and volinta,ly. ED WITNESS WHEMEOF, I have herounto set my hand and my seal the day and yaax 1 i above written. L. a. Edwards Notary Public for Oregon MY Commission Expires MY 3-THIS5ICN EXPIRES JULY 20, 1930 :Notarial Seel. MY CORDC3SION E1.1'1RES d-ULY 20, 1950 _HS_ Ie! L. 4l. FdwaxAd Notary Public for Oregon id, Cammisci n expixee July 20,1930 -ES- 96533 hecord Mer 8,1929, 3:12 Owalock P.N. W. B. Dillard, County Clark, By Eva L. Da kw rth, Deputy. 02.50 Nov 5,1926 One (Iv%) Dollar seceiptwho roof is hereby ted to broal.i 5 rtes Fewer Company, a:Delaware+ withthe right to a ect and melnteid: on arta to leaf free Prom foliage serosa W. Randall and situated 1. the County of Lane the Mountain Stated Power Coopeny, its successors sy, have capped to said right -0f -nay and the etc, provided always. that said Mountand State€ cell be heldresponsible at any and all time WITNDDS anr hands and 's sale this Old, day of Nov.1925. Done in the Presence of M. V. Randall SEAL C. T. Black Mrs. M. K. Randall SEAL L 14 Ld rds State f Oregon) County of Lino )sa IS IT BLADDERS, That Dn:this 14th any`:0 s Notsiy Public in and for the said Countyl: M. 14. Randall @ Mrs. M.W.Rnndall who are k executed the within instruson t, and ackodel and voluntarily. IN WITNESS WHEREOF, I have hereunto at ofitten. Notarial goal, Elam -OP -WAY DEED H. Derogates, at an 7 Filed for =R t0,- - Mountain states Power Company) Far and i ideraitlod of the f. 1 1 d6 d: i'o f qy ia hard" Drag ration. it oand scalded fon n31. Palo. with the necessary viraeadd fixtures there N PIOParty belenging to H. Sandgethe and Anna State of Oregon, and described as tollowat V hand and my seal the day and year last abn 6. W. Edwards WILEY PUBLIC FOR OREGON 1dy commisslc¢ expires .Taly 20,1930 Ord lead 8,.-1929, 3:13 O'clock F.M. 9. B. Dillard, County. Clerk, By Dae L. Duckworth, Deputy. WITNESS my handand noel this 20th day Send in the P,Ob.ete of IV. F. white' H F. Merrill State of Oregon),, County of liana ) BE, IT REMEMBERED, That on this lith dc' E Notary Public in sad- Car 'the paid County Margar,t A. 11,11is_ who is known to ms to. instrument, and aaknCded,.a to me that at IN WITNESS VaTER20F, I here hereunt. ® written. Nota xi nl Coal. v `RIGHT -OP -NAY DBE M. V. Randall, at sl ) Filed for to Mountain Stet Ford, ComFeny) F x nd n id -tion of the ane of acknowledged, a right-of-way is hereby red Corporation,: its soccassoro and aeeiCn, So, One anchor with the 'o eseary wired and fixtures ther< - that property belonging U ?Zd, I. _ and. d . State of Oregon and described as follows.:' Seo. 1s.T 1. R. 1 W. It is understood that, the employees of end -sign.,-hell at anytime when netnews equipment thereon, for the'pa,,c.O of repai Power C.Ouncony.Its OeOOO,.ra and assigns: :e : for any damage which beunnecessarily done L. 4l. FdwaxAd Notary Public for Oregon id, Cammisci n expixee July 20,1930 -ES- 96533 hecord Mer 8,1929, 3:12 Owalock P.N. W. B. Dillard, County Clark, By Eva L. Da kw rth, Deputy. 02.50 Nov 5,1926 One (Iv%) Dollar seceiptwho roof is hereby ted to broal.i 5 rtes Fewer Company, a:Delaware+ withthe right to a ect and melnteid: on arta to leaf free Prom foliage serosa W. Randall and situated 1. the County of Lane the Mountain Stated Power Coopeny, its successors sy, have capped to said right -0f -nay and the etc, provided always. that said Mountand State€ cell be heldresponsible at any and all time WITNDDS anr hands and 's sale this Old, day of Nov.1925. Done in the Presence of M. V. Randall SEAL C. T. Black Mrs. M. K. Randall SEAL L 14 Ld rds State f Oregon) County of Lino )sa IS IT BLADDERS, That Dn:this 14th any`:0 s Notsiy Public in and for the said Countyl: M. 14. Randall @ Mrs. M.W.Rnndall who are k executed the within instruson t, and ackodel and voluntarily. IN WITNESS WHEREOF, I have hereunto at ofitten. Notarial goal, Elam -OP -WAY DEED H. Derogates, at an 7 Filed for =R t0,- - Mountain states Power Company) Far and i ideraitlod of the f. 1 1 d6 d: i'o f qy ia hard" Drag ration. it oand scalded fon n31. Palo. with the necessary viraeadd fixtures there N PIOParty belenging to H. Sandgethe and Anna State of Oregon, and described as tollowat V hand and my seal the day and year last abn 6. W. Edwards WILEY PUBLIC FOR OREGON 1dy commisslc¢ expires .Taly 20,1930 Ord lead 8,.-1929, 3:13 O'clock F.M. 9. B. Dillard, County. Clerk, By Dae L. Duckworth, Deputy. This is a Placeholder for DOCUMENT # Division of Chief Deputy Clerk gOOge0301�JqGL Lane County Deeds and Records L L 1111111111111111111111111111111111111111111111111 $41.00 00284971200200301220010019 04/1712002 01;42;09 PM RPR-SUBD Cnt=1 Stn=3 CASHIER 04 $5.00 $18.00 $10.00 $11.00 This document is a SUBDIVISION: J.P. HAMMER INDUSTRIAL PARK Owner Oakway Golf, Inc. Dedicatee: City of Springfield Twn.l?s Rng.2w Sec.29-32 LANE COUNTY DEEDS & RECORDS IF I F. 1 P- HAMMER INDL 9PRI41 PARK DE 11 4 oxo ¢Tax 11 A[WK N a.. mrtvm .1U/ o0,. COVER SHEET BOUNDARY DETAILS o- — u V LEaENo. _ o , FIT MIT 1I , \wIT F FLIT I11411IIFL3 SHEET 1 OF 4 =OLSOK &MORRIS ILP FL -111 IF I F. y lfi,Z F a SHEET 1 OF 4 =OLSOK &MORRIS ILP . ry0, IT IT I l u 1IX7 HAL QOPSFO ` wl�nx�ol o.. 6. Of L ��ryry IF ne n.3i :�s r Wi 5 t ,i IAI IM' _ 4 5-01 /T 17 NIrz, "IT ¢ oLes/m IF F, Inv, 1 r - I i �r 1I s. DEIAIL A . f . / fl -I 1 IT m a rzm wu.c �V «mma a Le Ia ! .w TOTO 1 11.n IF 11EIAIL C 'B" DETAIL _ \ i'1 1 ✓1 �-11 ar ZT 2 OP 4 vnn su< �9 - OLSON 8 MORRIS — u k Illi3 fly T g mIF OTI, TI— DETAIL F TO n iwc a (cnMMox nau) /y \ s w 1IX7 HAL QOPSFO ` wl�nx�ol o.. 6. Of ��ryry IF IT, I ITT t ,i IAI IM' _ 4 5-01 /T 17 NIrz, "IT ¢ oLes/m IF I i �r 1I OR / o m a rzm wu.c �V IT IF ZT 2 OP 4 p - OLSON 8 MORRIS J ]i HAMMER INRLSTRIAL PARR rf, IIN /4 SECTIIR 29 IE 114 SlAIN I0 �1 �11114�91ii�uuimi .x TLD. ♦ ¢o eTnvePo rx u- aumcert ././I' nwoI.Tn Ill "I TIRE. IARA nmr M _ I IT 21 =1 1 m. u10 111 IT �r IT LIT . irsIT e'fi r"., L r�-rA �ITZI TI T 'LIT I E v 1 DETAIL C n a tY �4 METAL "A' I 0 u Z u v EI 1 Q EHFFT 9 OF 4 p� =ULSON A. MORRIS 1 3b IT ^' i LIT 1 lR I- y�e i � a IT R S i3 ��( IN133 "ll' L 10 L`\ 1 DETAIL A,Y L r�-rA �ITZI TI T 'LIT I E v 1 DETAIL C n a tY �4 METAL "A' I 0 u Z u v EI 1 Q EHFFT 9 OF 4 p� =ULSON A. MORRIS 1 r�-rA �ITZI TI T 'LIT I E v 1 DETAIL C n a tY �4 METAL "A' I 0 u Z u v EI 1 Q EHFFT 9 OF 4 p� =ULSON A. MORRIS 1 �ITZI TI T 'LIT I E v 1 DETAIL C n a tY �4 METAL "A' I 0 u Z u v EI 1 Q EHFFT 9 OF 4 p� =ULSON A. MORRIS 1 C n a tY �4 METAL "A' I 0 u Z u v EI 1 Q EHFFT 9 OF 4 p� =ULSON A. MORRIS 1 "A' I 0 u Z u v EI 1 Q EHFFT 9 OF 4 p� =ULSON A. MORRIS 1 1 Q EHFFT 9 OF 4 p� =ULSON A. MORRIS 1 I.E. HAMMER INDUSTRIAL PARK REPLA IT LET 1-12 812 v V. s [w/1�ss CD HESE .,;,s ,_ STREESEN ,xx,I,II /./. E'C ft'C`� 1'," 11 ITTLETTLETELL 1 11" 11 CED HICHI 31117 IS MID 101 Cl THISTL[Y� r w . ic_. amn¢ rz,z o caY F lx iimgp%„oo,�iiiij�,TV111iouo A9 WE, n vv w.vo nv. vv,u vrµ ED ut91^ 0 ox_ uum C a�� ✓v O murnssoxu SHEET 4 OF 4 a oLsory a MOIU<IS =IIHEDI ,Ill I[ III IT ITT.' 1101 1. 1- MEMIL 11III-ElIl' ITlM`TS I 1 'ITT 11 I'll 11171-1 IMEDLIED TI IT I'll ITT CIT11i1 .w, 11 Ing .mu w _.ueo EEC } +NNb]vET�z O mr ummmi '— aw¢ooum, 111 1 L1 01=1 O 0' SIT IS I - 0 z .sxn/ G uuv tVm�.YI9i�.5` 4- """_,•�u om s C 1 _,.,r.,, DID"',- m 0 ox_ uum C a�� ✓v O murnssoxu SHEET 4 OF 4 a oLsory a MOIU<IS DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION AND CREATION OF EASEMENTS FOR HAMMER INDUSTRIAL PARK SPRINGFIELD, OREGON Dlvislon of Chief Deputy Clerk �� Lane County Deeds and Records L 20�L 2e03�+1 1111111111111 IIIIIIIIIIIIII111111111111111111111 $221.00 00284974200200301240360367 04/17/2002 01:42:08 PM RPR -REST Cnt=1 Stn -3 CASHIER 04 $180.00 $10.00 $20.00 $11.00 EAPR2 2002 D AFTER RECORDING RETURN TO: JOHN HAMMER, P.O. BOX 2266, EUGENE, OR 97402 DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION AND CREATION OF EASEMENTS FOR HAMMER INDUSTRIAL PARK SPRINGFIELD, OREGON RECITALS A. Declarant is the owner of the real property in the City of Springfield, County of Lane, State of Oregon, described in Exhibit A attached hereto and incorporated herein by this reference B. The real property described in Exhibit A, together with any other real property hereafter made subject to this Declaration, is collectively referred to in this Declaration as "Hammer Industrial Park.' C. Hammer Industrial Park is being developed by Declarant and as a planned light industrial business park. It is Declarant's desire and intention to subject the real property described in Exhibit A to certain covenants, condition, restrictions and easements for the benefit of the property, Declarant and the purchasers and lessees of Development Parcels (as defined below) in Hammer Industrial Pak, and is executing this Declaration for that purpose. It is intended that such covenants, conditions, restrictions and easements shall bind and benefit not only the purchasers and lessees of Development Parcels and Declarant, but also their respective successors, heirs and assigns and that all Development Parcels and other property in Hammer Industrial Park should be held, used, leased, occupied, sold and conveyed subject to the covenants, conditions, restrictions and easements set forth in this Declaration. D. It is the intention of Declarant to further a plan of development by means of the covenants, conditions, restrictions, and easements set forth in this Declaration. Such covenants, conditions, restrictions and easements are intended to be common to all of the Development Parcels in Hammer Industrial Park and to enhance and protect the value, desirability and attractiveness of all such Development Parcels to their mutual benefit. E. All and each of these covenants, conditions, restrictions and easements are hereby imposed as equitable servitudes upon Hammer Industrial Park. The covenants, conditions, restrictions, reservations, easements and equitable servitudes set forth in this Declaration shall ran with Hammer Industrial Park, shall be binding on and inure to the benefit of all parties having or acquiring any right, title or interest in Hammer Industrial Pak or in any part thereof, and their successors, heirs and Page 4- 170997/1/w,ii05495e-0026 1C assigns, and shall inure to the benefit of every portion of Hammer Industrial Park and any interest herein. ARTICLE I DEFINITIONS 1.1 Assessments. The term "Assessments" includes Common Assessments, Special Assessments and Reconstruction Assessments 1.2 Common Area. The term "Common Area" shall mean Tract "A" of Hammer Industrial Park and the detention ponds located therein. Common Area shall also mean those areas, if any, of Hammer Industrial Park that are hereafter designated as such by Declarant; provided, that the Owner of such area shall consent to such designation 1.3 Common Assessments. The term "Common Assessments" shall mean the annual charge against each Owner and its Development Parcel or other portion of the Subject Property, representing a pro rata portion of the Common Expenses, which charge shall be paid by each Owner to the Owner's Association as further provided in this Declaration. The term does not include initial development costs for the platting and infrastructure construction of the Hammer Industrial Park. 1.4 Common Expenses. The term "Common Expenses" shall mean the actual and estimated costs of maintenance, management, operation, repair and replacement of the Common Area and any landscaped areas of public rights-of-way within Hammer Industrial Park (including unpaid Special Assessments and those costs not paid by the Owner responsible for payment); the actual or estimated costs of upgrading the existing sanitary sewer pump station located directly north of the site in the Olympic Street right-of-way if necessary to accommodate any increase in capacity resulting from development in the Hammer Industrial Park, to be shared between all Owners (except for the Owner of Lot 4 of Hammer Industrial Park and the Owner of the Common Area (Tract "A"), who shall not be subject to any assessment for such improvement) on a pro rata basis based on percent of gross land area owned within the Hammer Industrial Park (excluding Lot 4 and Tract "A"); costs of management and administration relating to the Common Area or to the administration or enforcement of this Declaration, including, but not limited to, compensation paid to the Design Review Committee, managers, Design Professionals, accountants, attorneys and employees; the costs of all services benefitting the Common Area or the Owners in general, including insurance, taxes and assessments paid with respect to the Common Area and amounts paid for discharge of any lien or encumbrance levied against the Common Area; the costs of administration and enforcement of any provision of this Declaration; and the costs of any other item or items designated by the Page -2- 170997/1ieui05495e-002e Owner's Association for any reason in connection with Hammer Industrial Park to be for the benefit of the Owners in general. The Owner's Association shall be entitled to include as a Common Expense a factor of ten percent (10%) times the above-described expenses for overhead. 1.5 Declarant. The term "Declarant" shall mean Oakway Golf, Inc., and to the extent provided in Article XVI of this Declaration, its successors and assigns. 1.6 Declaration. The term "Declaration" shall mean this Declaration of Covenants, Conditions, and Restrictions and Reservation and Creation of Easements for Hammer Industrial Park as it may from time to time be amended or supplemented. 1.7 Desnm Guidelines. The term "Design Guidelines" shall mean those use and development guidelines adopted by the Design Review Committee as site planning guidelines in connection with this Declaration and as amended from time to time by that Committee. 1.8 Desian Professional. The term "Design Professional" shall mean an architect, designer, engineer, or an industrial park development consultant or developer. 1.9 Design Review Committee. The term "Design Review Committee" shall mean the committee established pursuant to Section 3.10 of this Declaration 1.10 Development Parcel. The term "Development Parcel" shall mean a fractional part of the Subject Property as subdivided on subdivision plats or parcel maps Recorded from time to time in the property records of Lane County, State of Oregon. A copy of the subdivision plat of the Subject Property as it currently exists which depicts the Development Parcels presently existing in the Hammer Industrial Park is set forth in Exhibit B attached hereto and incorporated herein by this reference. 1.11 Hammer Industrial Park. The term "Hammer Industrial Pak" shall be synonymous with the term "Subject Property" and shall mean all of the real property now or hereafter made subject to this Declaration 1.12 Improvement -Improvements. The term "improvement" or "improvements" shall include buildings, outbuildings, roads, driveways, walkways, bicycle paths, parking areas, fences, screening walls and barriers, retaining walls, stairs, decks, waterlines, sewers, electrical and gas distribution facilities, communication facilities, hedges, windbreaks, plantings, planting trees and shrubs, poles, signs, loading areas and all other structures, installations and landscaping of every type and kind, whether above or below the land surface. Page -3- 170997/1/�/054956-0026 1.13 Master Plan. The term "Master Plan" shall mean the subdivision plan approved by the City of Springfield for Hammer Industrial Park 1.14 Mortgage. The term "Mortgage" shall mean a deed of trust and land sale contract, as well as a mortgage. 1.15 Mortgagee. The term "Mortgagee" shall mean a beneficiary under, or holder of, a deed of trust, and the vendor under a land sale contract, as well as a mortgagee under a mortgage. 1.16 Occupant. The tern "Occupant" shall include a lessee or licensee of an Owner or any other person or entity other than an Owner in lawful possession of a Development Parcel, or any portion thereof. 1.17 Owner. The term "Owner" shall mean the Person (including Declarant) holding fee simple title of record to any Development Parcel or purchasers under executory contracts of sale of any Development Parcel. 1.18 Owners' Association. The "Owners' Association" or "Association" is the organization established and operating under Article N. 1.19 Person. The term "Person" shall mean a natural individual, a corporation or any other entity with the legal right to bold title to real property. 1.20 Reconstruction Assessment. The term `Reconstruction Assessment" shall mean a charge against each Owner and its Development Parcel, representing a portion of the cost to the Declarant for repair or replacement of any portion of the damaged or lost Improvements in the Common Area, as provided for in this Declaration. 1.21 Record - Recorded - Recordation. The term `Record," Recorded," or "Recordation" shall mean, with respect to any document, the recordation of said document in the property records of County of Lane, State of Oregon. 1.22 Sign. The term "Sign" shall mean any structure, device, or contrivance, electric or non -electric, upon or within which any poster, bill, bulletin, printing, lettering, painting, device or other advertising of any kind whatsoever is used, placed, posted, tacked, nailed, pasted or otherwise fastened or affixed. 1.23 Special Assessment. The term "Special Assessment" shall mean a charge against a particular Owner and its Development Parcel, directly attributable to, or reimbursable by, the Owner, for the costs incurred for corrective action performed pursuant to the provisions of this Declaration, plus interest and other charges thereon, as provided for in this Declaration Page 4- 170997/1 BN/054956-0026 1.24 Street or Streets. The term "Street" or "Streets" shall mean any street, highway, road, or thoroughfare within or adjacent to the Subject Property and shown on any Recorded subdivision or parcel map, or record of survey, whether designated thereon as street, boulevard, place, drive, road, court, terrace, way, lane, circle or otherwise. 1.25 Subject Prooertv. The term "Subject Property" shall be synonymous with the term Hammer Industrial Park and shall mean all of the real property now or hereafter made subject to this Declaration 1.26 Turnover Date. The term "Turnover Date" means the earlier of (i) that date when Declarant owns less than fifty percent (50%) of the total acreage (47.93 acres) of Development Parcels in Hammer Industrial Park, or (ii) the date on which Declarant elects, in its sole discretion, to relinquish control of the Association, as evidenced by a supplemental declaration recorded in the Lane County Records. 1.27 Turnover Meeting. The tern "Turnover Meeting" means the meeting of Declarant, the Board, and the Owners called for the purpose of passing control of the Association from Declarant to the Owners' Association, which meeting shall be held pursuant to Article IV. 1.28 Visible from Neighboring Properly. The term "Visible from Neighboring Property" shall mean, with respect to any given object on a Development Parcel, that such object is or would be visible to a person six (6) feet tall standing on any part of an adjacent parcel or other property within the Hammer Industrial Park at an elevation no greater than the elevation of the base of the object being viewed. ARTICLE II SUBJECTPROPERTY 2.1 General Declaration. Declarant hereby declares that all of that real property located in the City of Springfield, County of Lane, State of Oregon, more particularly described in Exhibit A is, and shall be, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part, subject to this Declaration. All of the covenants, conditions and restrictions and easements set forth in this Declaration are declared and agreed to be in furtherance of a Master Plan for the subdivision, improvement, use and sale of said real property and are established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Subject Property and every part thereof. All of such covenants, conditions, restrictions and easements shall run with all of the Subject Property for all Page -5- 170997/1 u/05495s-0026 purposes and shall be binding upon and inure to the benefit of Declarant and all Owners, Occupants and their successors in interest as set forth in this Declaration. 2.2 Addition of Other Realty. Declarant may at any time while this Declaration is still in effect, add all or a portion of any real property now or hereinafter owned by Declarant to the Subject Property by recording a notice of addition to real property as described in Section 2.3 below, and thereafter the provisions of this Declaration specified in such notice shall apply to such added real property in the same manner as if it were originally covered by this Declaration. Thereafter, to the extent that this Declaration is made applicable to such property, the rights, powers, obligations and responsibilities of Declarant and the Owners and Occupants of Development Parcels within such added real property shall be the same as in the case of the real property described in Exhibit A. 2.3 Notice of Addition of Land. The notice of addition of real property referred to in Section 2.2 shall contain at least the following provisions: a. A reference to this Declaration stating the date of recording and the recording number of the Declaration b. A statement that the provisions of this Declaration, or some specified part thereof, shall apply to such added real property; C. A legal description of such added real property; d. Such other or different covenants, conditions and restrictions as Declarant shall specify to regulate and control the use, occupancy and improvements of such added real property; and e. A designation and description of any additional Common Area or Landscape Easement Areas. ARTICLE III CONSTRUCTION OF IMPROVEMENTS 3.1 Approval of Plans Required. No exterior Improvements (apart from utility and landscape maintenance or minor improvements not visible from a public street or adjacent parcel) shall be erected, placed, altered, maintained or permitted to remain on any Development Parcel and no Development Parcel shall be subdivided or partitioned by any Owner or Occupant until final plans and specifications shall have been submitted to and approved in writing by the Design Review Committee. Such final plans and specifications shall be submitted over Page -6- 170997niRAv05495e-0026 the authorized signature of the Owner or Occupant, or both, of the Development Parcel or the authorized agent thereof Such plans and specifications shall be in such form and shall contain such information as may be required by the Design Review Committee, but shall in any event include the following (to the degree applicable): a. A site development plan of the Development Parcel showing the nature, grading, scheme, kind, shape, composition and location of all structures with respect to the particular Development Parcel (including proposed front, rear and side setback lines) and with respect to structures on adjoining Development Parcels and the number and location of all parking spaces and driveways on the parcel; b. A landscaping plan for the particular Development Parcel; C. A plan for the location of Signs and lighting; and d. Building elevations and plans showing dimensions, materials and the external color scheme in no less detail than required by the appropriate governmental authority for the issuance of a building permit. Substantial material changes in approved specifications and plans must be similarly submitted to and approved by the Design Review Committee. In order to accommodate fast-track and phased construction, the Design Review Committee may authorize that preliminary plans and outline specifications be submitted to the Design Review Committee for review. Thereafter, for each stage of construction, final construction plans shall be submitted to the Design Review Committee for final review for, among other things, compliance with any conditions set forth or represented in the preliminary plan and outline specifications or that may have been established by the Design Review Committee. This provision may also be met by separate agreement between an individual Owner and the Declarant or Owners' Association, whichever is the appropriate operating parry at the time such agreement is entered into. 3.2 Basis for Approval. Approval shall be based upon, among other things, adequacy of site dimensions, conformity and harmony of external design with neighboring structures, effect of location and use of proposed Improvements upon neighboring Development Parcels, proper facing of main elevation with respect to nearby Streets, adequacy of screening of mechanical, air conditioning or other rooftop installations, and conformity of the plans and specifications to the purpose and general plan and intent of this Declaration, the Master Plan and the Design Page -7- 190997nBN/054956-002e Guidelines (see Section 3.11) for Hammer Industrial Park in effect at the time of submission of the plans to the Design Review Committee, provided that said plans and specifications must also be approved by all governmental agencies that have jurisdiction over approval of said plans and specifications. The Design Review Committee shall not arbitrarily or unreasonably withhold its approval of any plans and specifications. Except as otherwise provided in this Declaration, the Design Review Committee shall have the right to disapprove or condition approval of any plans and specifications on any reasonable grounds including, but not limited to, the following: a. Failure to comply with any of the restrictions set forth in this Declaration; b. Failure to comply with the Design Guidelines; C. Failure to include information in such plans and specifications as may have been reasonably requested by the Design Review Committee d. Objection to the exterior design or the appearance of material or materials employed in any proposed structure; e. Objection on the grounds of incompatibility of any proposed structure or use or the proposed subdivision of partition with existing structures or uses upon any Development Parcel, or other property in the vicinity of the Subject Property; f Objection to the grading or landscaping plan for any Development Parcel g. Objection to the color scheme, finish, proportions, style or architecture, height, bulk or appropriateness of any structure h. Objection to the number or size of parking spaces or to the design of the parking area; or i. Any other matter that, in the judgement of the Design Review Committee, would render the proposed Improvements or use inharmonious with the general plan for improvement of the Subject Property or with Improvements located upon other Development Parcels or other property in the vicinity. 3.3 Review Fee. An architectural review fee in such amount as the Owners' Association shall establish from time to time, but not to exceed $500 per acre of the Development Parcel to which the application pertains, shall be paid to the Owners' Association at such time as plans and specifications are submitted to the Page -8- 170997niRAr054956-0026 Design Review Committee, 3.4 Result of Inaction. If the Design Review Committee fails to either approve or disapprove plans and specifications submitted to it within forty-five (45) days after the complete plans and specifications have been submitted, it shall be conclusively presumed that the Design Review Committee has approved such plans and specifications. 3.5 Approval. The Design Review Committee may approve plans and specifications as submitted, or as altered or amended, or it may grant its approval to the same subject to specific conditions. Upon approval or conditional approval by the Design Review Committee of any plans and specifications submitted, a copy of such plans and specifications, together with any conditions, shall be deposited for permanent record with the Owners' Association, and a copy of such plans and specifications, bearing such approval together with any conditions, shall be returned to the applicant submitting the same. 3.6 Proceeding with Work. Upon receipt of approval of the final construction documents from the Design Review Committee, the Owner or Occupant, or both, to whom the same is given, shall, as soon as practicable, a. satisfy any and all conditions of such approval, and b. shall diligently proceed with all necessary approvals from the City of Springfield (or other applicable jurisdictions), C. shall notify the Design Review Committee of any significant changes required for City approval; and d. commence and complete all approved excavation, construction, refinishing and alterations. In all cases, work shall commence within one (1) year from the date of approval by the City, and if work is not so commenced approval shall be deemed revoked unless the Owners' Association, pursuant to written request made and received prior to the expiration of said one (1) year period, extends the period of time within which work must be commenced. 3.7 Completion of Work Any Improvement commenced pursuant to this Declaration shall be completed within two (2) years from the date of the Design Review Committee's approval of the plans and specifications therefor, except that such period may be extended for as long as such completion is rendered impossible, or unless work upon the proposed Improvements would impose a great hardship Page -9- 170997/1 a /054956-0026 upon the Owner or Occupant, due to strike, fire, national emergency, natural disaster or other supervening force beyond the control of Owner or Occupant. The Owners' Association may, upon written request received prior to the expiration of the two (2) year period, extend the period of time within which work must be completed. Failure to comply with this Section 3.7 shall constitute a breach of this Declaration and subject the party in breach to the enforcement procedures set forth in Article XV. 3.8 Not Liable. Neither Declarant, the Design Review Committee, the Owners' Association, nor any of their directors, members, partners, employees, agents or contractors shall be liable for any damage, loss or prejudice suffered or claimed by any Person (except when consent is withheld unreasonably) on account of. a. The approval, conditional approval or disapproval of any plans, drawings and specifications, whether or not in any way defective; b. The construction of any Improvement, or performance of any work, whether or not pursuant to approved plans, drawings and specifications; or C. The development of any Development Parcel within Hammer Industrial Park 3.9 Construction Without Approval. If any Improvement shall be erected, placed or maintained upon any Development Parcel, or any new use commenced upon any parcel, other than in accordance with the approval by the Design Review Committee pursuant to the provisions of this Article III, such alteration, erection, placement, maintenance or use shall be deemed to have undertaken in violation of this Declaration, and upon written notice from the Owners' Association any such Improvement so altered, erected, placed, maintained or used upon any Development Parcel in violation of this Declaration shall be removed or altered so as to conform to the requirements of this Declaration. Should such removal, alteration, or cessation or amendment of use not be accomplished within thirty (30) days after receipt of such notice, then the parry in breach of this Declaration shall be subject to the enforcement procedures set forth in this Declaration. 3.10 Desian Review Committee. The Design Review Committee shall consist of two Design Professionals and a third party appointed by the Owners' Association. If a member resigns or is otherwise unable to act as a member of the Design Review Committee, his replacement shall be selected by the Owners' Association. At such time as one-half of all sites within Hammer Industrial Park contain completed Improvements, the Owners' Association may elect to reduce the number of the members of this committee. The Owners' Association shall keep on file at its principal office a list of names and addresses of the members of the Page -10- 170997/1 d /054956-002e committee. From time to time, the committee may amend the Design Guidelines to the extent the Committee believes such amendment is in the best interest of sound design and will not impair the quality of the overall project. A majority of the members of the Design Review Committee shall have the power to act on behalf of the committee. The committee may render its decisions only by written instrument setting forth the action taken by the members. The Committee shall not be required to have meetings, but may act in any way the members see fit so long as the required number of members concur in the decision. a. The Development Review Committee shall adopt and amend from time to time "Design Guidelines." All development and construction on the Subject Property shall comply with the Design Guidelines. Copies of the Design Guidelines shall be provided to each Owner and Occupant upon request. b. Copies of amendments to the Design Guidelines shall be mailed to each Owner and Occupant at the address shown on the Owners' Association records at least thirty (30) days before adoption. Subdivision or partition of any Development Parcel shall be subject to review by the Design Review Committee. The Committee may grant its approval subject to conditions which may include a requirement that the Owner agree to the imposition of restrictive covenants on the Owners' Development Parcel including a prohibition on further subdivision or partition of the Development Parcel. 3.11 Design Guidelines. All Improvements shall be erected, placed, altered, maintained or permitted to remain on any Development Parcel in accordance with the relevant sections of the Springfield Development Code. Additional Design Guidelines may be developed from time to time by the Owners' Association as needed, and are incorporated herein by reference. 3.12 Estoppel Certificate. Within thirty (30) days after written demand by an Owner, the Design Review Committee shall execute and deliver to the Owner requesting the same an Estoppel Certificate certifying with respect to the Development Parcel of such Owner that as of the date of the certificate either (a) all Improvements (or plans and specifications for Improvements) and all other work within the Development Parcel comply with the provisions of this Article, or (b) such Improvements (or plans and specifications for Improvements) and work do not so comply for reasons specified in the certificate. Any lessee, purchaser or Mortgagee of a Development Parcel may rely on such certificate with respect to the matters set forth therein, such matters being conclusive against the Owners' Association and all Owners and Occupants. Page -11- 170997/1mnv054956-002e ARTICLE W OWNERS' ASSOCIATION 4.1 Creation. There is hereby created the Hammer Industrial Park Owners' Association, which shall have the powers and duties and shall be organized and operate in accordance with the terms of this Declaration. 4.2 Membership. The Owner of each Development Parcel, including Declarant, shall be a member of the Association. All of the Persons who collectively own one existing or future Development Parcel shall be considered one single Member. If an Owner owns more than one Development Parcel, such Owner shall still be deemed one single Member, but shall have the number of votes provided in Section 4.3 below. 4.3 VotinE. Except as otherwise provided herein, all decisions of the Association shall be decided by a majority of the votes cast All Owners, including the Declarant, shall have one (1) vote for each percent (rounded to the nearest whole number) of the total acreage of Development Parcels within Hammer Industrial Park (which, as of the date hereof, is 47.93 acres) which the Owner owns. By way of example, if an Owner's Development Parcel is 10 acres, that Owner shall have 21 votes (10 - 47.93 = 20.86%= 21 votes). Provided, however, that so long as an Owner is delinquent in any obligations to the Association for advances under 5.5 or Assessments, the Owner shall not be permitted a vote for that portion of the acreage for which the Owner is delinquent. In such event the quorum and voting requirements shall be determined without regard to vote which the Owner is precluded from exercising. 4.4 Meetings. Meetings of the Association may be called either by the Board of Directors or upon the request of the Owners holding 50% of the Owners' votes. Meetings shall be called by a written notice mailed or personally delivered to each of the Owners, at their Development Parcel if they occupy it or, if not, at their last known address reflected on the Association records, not less than seven (7) days prior to the date of any meeting. All meetings shall be conducted at a location not more than 15 miles from the Subject Property. The Owners may act without a meeting upon the written concurrence of the Owners of the votes which could be necessary at a meeting of the Owners with all Owners attending if such a meeting were convened on the date of the last signature. 4.5 Board of Directors. The affairs of the Association shall be managed and conducted by a Board of Directors. Such Board of Directors shall make all Page -12- 17099M/ L /054956-0026 decisions for the Association except those items for which this Declaration requires a vote of the Owners. The Owners, however, shall have the right to delegate to the Board of Directors matters which would require a vote of the Owners, so long as the resolution approving such delegation is approved by the number of Owners which would be required for the Owners to approve the action which is the subject of the delegation. a. Size. After the Declarant ceases to act as the Board of Directors under subsection (b) below, the number of Directors shall be equal to the lesser of the total Owners of the Association, or three (3). b. Election. The Declarant shall act as the Board of Directors until the Turnover Meeting. Thereafter, the Owners shall elect the members of the Board of Directors. The first election shall be held at the Turnover Meeting. Each Director shall serve from the date of election until the date of death, resignation or removal of such person by the Owners. A Director who is appointed by the Declarant may be removed by the Declarant. A Director elected by the Owners may be removed by a vote of the Owners. Cumulative voting shall not be used for election of Directors. From and after the Turnover Meeting, the number of Directors shall be three (3). From and after the Turnover Meeting, a person must be an Owner of a Development Parcel, or an officer, director, or agent of a corporation or partnership that is the Owner of a Development Parcel, to serve as a Director. A Director whose qualification is subsequently lost shall be deemed to have resigned as of the date that qualification is lost. C. Officers. The Board of Directors shall elect officers comprised of a president and a secretary. The president shall preside over all meetings of the Board of Directors and the Owners and the Secretary shall be responsible for the maintenance of the records of the Association. if the Board of Directors desires, it may also elect a vice-president and treasurer, who shall have such duties as the Board may delegate to them. All documents requiring approval of the Association shall be executed by two individuals who are either officers or members of the Board of Directors. d. Quorum. A majority of the Directors shall constitute a quorum for the purposes of conducting business. All decisions of the Board of Directors shall be made by a majority vote of all Directors. e. Meetings. Meetings of the Board of Directors shall be convened at the call of the President, Secretary or any two Directors. Notice of each meeting shall be given to each Director at least 48 hours in advance of the meeting. Page -13- 190997NaAH05495e-002e Meetings shall be held within 15 miles of the Property. The Board of Directors may meet by telephone conference call in which all Directors can speak and hear. Action Without a Meeting. The Directors may act without a meeting provided a majority of the Board of Directors approves the action in writing. 4.6 Association Powers. The Association, acting through the Board of Directors, shall have the authority to enforce any and all of the provisions of this Declaration and carry out any and all other lawful activities necessary and proper for the Association to provide for a satisfactory, desirable, and aesthetically pleasing environment within the Subject Property for all Owners. Such powers shall include but not be limited to: a. Imposing Assessments on the Owners to fund Association activities. The Association may file and foreclose liens against the Development Parcel of any Owner who fails to pay assessments imposed by the Association. b. Initiating litigation to enforce compliance with the obligations hereunder. C. Providing for the maintenance and improvement of the Common Area and unimproved Development Parcels d. Contracting for utility services for the Common Area e. Establishing reserves or sinking funds for repair or replacement of Common Area Improvements and Landscape Easement Areas. f. Providing for security services or patrols for the Subject Property. g. Purchasing liability and casualty insurance h. Paying property taxes on the Common Area 1. Appointing, removing and replacing members of the Design Review Committee j. Delegating to one or more Persons the power to exercise the authority of the Board of Directors k. Levying Common Reconstruction and Special Assessments Page -14- 170997rowms4956-002e Employing Declarant or a Property Manager at the expense of the Association to perform the duties of the Owners' Association and Board of Directors and to pay reasonable compensation for such services. 4.7 Turnover Meeting. The Turnover Meeting shall be called by Declarant and held within 90 days after the Turnover Date. Declarant shall give written notice of the time and place of the Turnover Meeting to each Owner at the mailing address of each Owner's Development Parcel. Declarant's notice shall be given at least 30 but not more than 60 days prior to the date of the Turnover Meeting. At the Turnover Meeting, the following shall occur: a. The Directors selected by Declarant, the President, and the Secretary (if any) shall resign; b. The Owners shall elect a new Board; C. The new Board shall elect a President and a Secretary; and d. Declarant shall deliver to the new Board all of the Association's property in Declarant's possession, including without limitation title to the Common Area, all books and records, funds, tangible personal property, insurance policies, and contracts to which the Association is a party. ARTICLE V REGULATION OF OPERATIONS AND USES 5.1 Permitted Uses. Permitted uses are those uses permitted by the Design Guidelines, the Declaration and the City of Springfield Land Use Code. 5.2 Nuisances. No nuisance shall be permitted to exist or operate upon any Development Parcels so as to be offensive or detrimental to any other Development Parcel or Common Area or to its occupants. A "nuisance" shall include, but not be limited to, any of the following conditions: a. Any activity or occurrence that is not in strict compliance with all applicable federal, state, and local laws, regulations or ordinances adopted for the protection of the environment and for the protection of public health and safety; b. Any discharges of contaminated water, oil, grease, detergents or other hazardous or toxic liquids, solid wastes, or other harmful matter onto the Subject Property into the storm water management system, sanitary sewer, Page -15- 170997/1iRAn054956-0026 groundwater or other waterway that, in the opinion of the Owners' Association may adversely affect the health, safety, or comfort of Persons within the area, or the intended use of their property, or cause negative impacts to the downstream receiving waters. No toxic waste, deleterious substance or improper materials of any kind shall be discharged into any public sewer serving the Subject Property or any part thereof in violation of any regulation of any public body having jurisdiction over such public sewer; C. The escape or discharge of any fumes, odors, gases, vapors, steam, acids, or other substance into the atmosphere, which discharge, in the opinion of the Owners' Association, may be detrimental to the health, safety or welfare of any Person or may interfere with the comfort of any Persons within the area or may be harmful to property or vegetation, or if in violation of state or local laws; d. The radiation or discharge of intense glare or heat or atomic, electromagnetic, microwave, ultrasonic, laser or other radiation. Any operation producing intense glare or heat or such other radiation shall be performed only within an enclosed or screened area and then only in such a manner that the glare, heat or radiation emitted will not be discernible from any point exterior to the Development Parcel upon which the operation is conducted; e. At no point outside of any Development Parcel plane shall the sound pressure level of any machine, device or any combination of same, from any individual plant or operation, exceed the maximum decibel levels mandated by relevant state or local laws. Visible emissions of dust, dirt, steam, smoke or other particulates into the atmosphere (outside any building) that exceed Ringlemann No. 1 on the Ringlemann Chart of the United States Bureau of Mines, or as determined by capacity limitations established by the Oregon Department of Environmental Quality, the Lane Regional Air Pollution Authority or other public agency responsible for maintaining air quality for the Subject Property. Wind-borne dust, sprays and mists originating in plants are also not permitted. g. Buildings and other structures shall be constructed, and machinery and equipment installed and vibration isolated as required by the Association and Design Guidelines so that the ground vibration inherently and recurrently generated is not perceptible without instruments at any point exterior to any Development Parcel or site; Page -16- 170997wRN/054956-002e h. The discharge of any liquid or non -liquid substance to any stream, lake, pond or other surface impoundment or subsurface aquifer; The deposit, spill or disposal of any trash, waste or hazardous materials (as now or hereafter defined by the federal Environmental Protection Agency, the Oregon Department of Environmental Quality, and/or the Health Division of the Oregon Department of Human Resources) on any Development Parcel. Hazardous materials that are to be removed from a Development Parcel for reprocessing or disposal off site may be stored on site for such reasonable periods, not to exceed thirty (30) days, as may be necessary to arrange removal; provided, however, that such materials shall be stored in appropriately designed and marked containers within enclosed buildings, in strict accordance with all applicable present and future federal, state and local laws, regulations and ordinances, including, without limitation, the federal Resource Conservation and Recovery Act; j. Petroleum byproducts can be stored underground, provided the storage tanks meet all applicable state and federal regulations for installation for similar tanks, and that all such material storage meets relevant federal, state and local laws. 5.3 Condition of Property. The Owner or Occupant of any Development Parcel shall at all times keep it and the buildings, improvements and appurtenances thereon in a safe, clean and wholesome condition and comply, at its own expense, in all respects with applicable governmental, health, fire and safety ordinances, regulations, requirements and directives, and the Owner or Occupant shall at regular and frequent intervals remove at its own expense any rubbish of any character whatsoever that may accumulate upon such Development Parcel. 5.4 Maintenance of Grounds. Each Owner shall be responsible for the maintenance and repair of all parking areas, driveways, walkways and landscaping on its Development Parcel, exclusive of walkways or landscaping within Common Area. Such maintenance and repair shall include, without limitation: a. Maintenance of all parking areas, driveways and walkways in a clean and safe condition, including the paving and repairing or resurfacing of such areas when necessary with the type of material originally installed thereon or such substitute therefor as shall, in all respects, be equal in quality, appearance and durability; snow and ice removal; the removal of debris and waste material and the washing and sweeping of paved areas as required; and painting and repainting of striping markers and directional signals as required; Page -17- 170697/1BN/054956-002e b. Cleaning, maintenance and re-lamping of any external lighting fixtures except such fixtures as may be the property of any public utility or government body; and C. Performing of all necessary maintenance of all landscaping including the trimming, watering and fertilization of all grass, ground cover, shrubs or trees. 5.5 Remedies for Failure to Maintain and Repair. If an Owner shall fail to perform the maintenance and repair required by Section 5.4, then the Owners' Association, after thirty (30) days' prior notice to such Owner, shall have the right, but not the obligation, to perform such maintenance and repair and to charge the Owner with the cost of such work together with interest thereon at the rate of twelve percent (12%) per annum (but in no event to exceed the maximum contract rate permitted by law) from the date of advancement of funds for such work to the date of reimbursement by the Owner. If the Owner shall fail to reimburse the Owners' Association for such costs within ten 0 0) days after demand therefor, it may, at any time within two (2) years after such advance, Record in the property records of Lane County, Oregon, a notice of claim of lien signed by a Director of the Association for the amount of such charge together with interest thereon. The lien created by this section shall be effective to establish a lien against the interest of the delinquent Owner in its Development Parcel or other portion of the Subject Property in the amount of such charge, together with interest, Recording fees, cost of title search obtained in connection with such lien or the foreclosure thereof, and court costs and reasonable attorneys' fees and expenses of litigation that may be incurred in the enforcement of such a lien including any appeals. Such lien shall be subject to all of the terms of Sections 7.3 through 7.6, and subordinate to any Mortgage then outstanding and affecting such parcel. 5.6 Taxes and Assessments. The Owner shall pay all real and personal property taxes and assessments against its Development Parcel and the Improvements thereon. If an Owner fails to pay taxes or assessments on its Development Parcel in a reasonable amount of time, the Owners' Association may pay such taxes or assessments, together with the interest, penalties and costs arising out of or related thereto, except while the validity thereof is being contested by judicial or administrative proceedings. In such event, the defaulting Owner obligated to pay such taxes or assessments shall promptly reimburse the Owners' Association for all such taxes or assessments, interest, penalties and costs paid or incurred by the Owners' Association, and until such reimbursement has been made the amount of the payment by the Owners' Association shall constitute a lien on or charge against the parcel of the defaulting Owner, subject and subordinate, however, to any Mortgage then outstanding and affecting such parcel. Such lien shall be Page -18- 17OW7/1 /Rnn054956-0026 Recorded and shall be entitled to the priority and remedies of liens created under Section 5.5 5.7 Repair of Buildings. No building or structure upon any Development Parcel shall be permitted to fall into disrepair, and each such building and structure shall at all times be kept in good condition, repair and appearance and adequately painted or otherwise finished. 5.8 Public Utilities. The Owners' Association reserves the sole right to grant consents for the construction and operation of public utilities including, but not limited to, underground lines for electricity, telephone, telegraph or other communication methods, and gas pipes in and upon any and all Common Area and any and all Streets now existing or hereafter established upon which any portion of the Subject Property may now or hereafter front or abut. The Owners' Association reserves the exclusive right to approve above ground utility lines across the Subject Property, or any portion thereof, on a temporary basis for the purpose of construction, and such lines shall be permitted on a temporary basis when required by a government agency. The Owners' Association reserves the exclusive right to grant consents and to petition the proper authorities for any and all Street Improvements such as grading, seeding, tree planting, sidewalks, paving, sewer and water installation, whether it be on the surface or subsurface, that in the opinion of the Owners' Association are necessary for the Subject Property. 5.9 Mineral Exploration. No portion of the Subject Property shall be used in any manner to explore for or to remove any steam, heat, oil or other hydrocarbons, gravel, earth, or any earth substances or other minerals of any kind; provided, however, that this shall not prevent the excavation of earth in connection with the grading or construction of Improvements within the Subject Property. Water may be extracted to the extent permitted by applicable law and the appropriate governmental agencies. 5.10 Other Operations and Uses. Operations and uses that are neither specifically prohibited nor specifically authorized by this Declaration may be permitted in a specific case if operational plans and specifications are submitted to and approved in writing by the Design Review Committee in accordance with the procedures set forth in Article III of this Declaration. Approval, conditional approval, or disapproval of such operational plans and specifications shall be based upon the effect of such operations or uses on other property subject to this Declaration or upon the Owners or Occupants thereof but, in any event, shall be in the sole discretion of the Design Review Committee. Page -19- 170997/1 A/054956-0026 ARTICLE VI COVENANTS FOR MAINTENANCE ASSESSMENTS 6.1 Creation of the Lien and Personal Oblieations of Assessments. Every Owner, by acceptance of a legal or equitable interest in a Development Parcel, whether or not it shall be so expressed in any deed or contract, is deemed to covenant and agree to pay, to the Owners' Association all Common Assessments for Common Expenses and all applicable Special Assessments and Reconstruction Assessments. All such Assessments, together with interest, costs, and reasonable attorneys' fees, shall be a charge and a continuing lien against the Owner's interest in the Development Parcel or other portion of the Subject Property against which each such assessment is made and shall also be a separate, distinct and personal obligation of the Owner at the time the Assessments fall due and shall bind its heirs, successors in interest, devisees, personal representatives and assigns. This personal obligation cannot be avoided by abandonment of the Development Parcel or Improvements thereon or by an offer to waive use of the Common Area. 6.2 Purpose of Assessments. The Assessments levied by the Owners' Association shall be used to promote the general benefit of the Owners and their employees and for, among other things, the operation, replacement, Improvement and maintenance of the Common Area and the Landscaped easement Areas of any public rights-of-way within the Subject Property. Nothing in this Declaration shall be construed in such a way as to limit the right of the Owners' Association to use any Common Assessments to abate any annoyance or nuisance emanating from outside the physical boundaries of the Subject Property. 6.3 Determination of Common Assessments. The Owners' Association shall authorize and levy the amount of the annual Common Assessment upon each Owner and the interest of such Owner in a Development Parcel or other portion of the Subject Property, as provided in this Declaration. The initial Common Assessment shall commence on the first day of the calendar month following the completion by Declarant of any of the initial Improvements to the Common Area. Declarant shall notify the Owners of this commencement date, and its determination shall be final. Common Assessments shall be home on a pro rata basis by the Owners of Development Parcels or other property within the Subject Property. In the event of the addition of real property subject to this Declaration by Declarant pursuant to Article It above, the Common Assessments shall be home on a pro rata basis by the Owners of all Development Parcels or other property within the real property then subject to this Declaration. Pro rata as used herein shall mean an Owner's percentage of the land contained in the Subject Properly (excluding Common Area) calculated on a square foot basis. Page -20- 190999wRN/059956-0026 Not later than sixty (60) days prior to the beginning of each fiscal or calendar year of the Owners' Association, it shall prepare and distribute to the Owners notice of the annual Common Assessments for the next fiscal year. Each Owner shall pay to the Association its annual Common Assessment in installments at quarterly intervals or at such frequency and in such amounts as may be hereafter established by the Association. In the event that the Association shall determine that the estimate of total charges for the current year is, or will become, inadequate to meet all Common Expenses for any reason, it shall immediately determine the approximate amount of such inadequacy. The Owners' Association shall have the authority to levy, at any time, a supplemental Common Assessment reflecting a revision of the total charges to be assessed against each Owner and the interest of such owner in its Development Parcel or other portion of the Subject Property. Written notice of any supplemental Common Assessments shall be given to all Owners not less than thirty (30) days prior to the effective date of such change. 6.4 Collection of Common Assessments. From and after the first day of the first month following the completion by Declarant of any of the initial Improvements to the Common Area of Hammer Industrial Park, the Association shall fix and collect from each Owner its share of the Common Assessments. The OWuers' Association may require that all Common Assessments against a Development Parcel be paid current before the Owner may convey such Parcel. Common Assessments for fractions of any period involved shall be prorated. At the end of any fiscal year of the Association, it may determine that any excess Assessment funds may be returned to the Owners proportionately or may be retained and used to reduce the following year's Common Assessments. In any voluntary or involuntary conveyance of a Development Parcel, the new Owner ("Purchaser") shall be jointly and severally liable with the previous Owner ("Seller') for all unpaid Assessments levied by the Association against the Seller for its share of the Common Expenses up to the date of the conveyance, without prejudice to the right of the Purchaser to collect from the Seller therefor. However, any such Purchaser shall be entitled to a statement from the Association setting forth the amount of the unpaid assessments against the Seller as of the date the Association receives the request by such Purchaser; provided, however, that the Purchaser shall be personally liable for any and all Assessments and other charges first becoming payable after the conveyance. 6.5 Availabilitv of Records. The Association shall keep financial records of Common Expenses and Common Assessments sufficient for proper accounting purposes. During normal business hours, the Association shall make such books and Records available for inspection by Owners and Mortgagees of Development Parcels. Such records shall be maintained within the Eugene/Springfield Page -21- 17999/1/ /054956-0026 Metropolitan Area. ARTICLE VII NONPAYMENT OF ASSESSMENTS 7.1 Delin uq encu. Any installment of an Assessment provided for in this Declaration shall become delinquent and a lien upon the Development Parcel or other portion of the Subject Property of a delinquent Owner if the installment is not paid on the due date as established by the Owners' Association. With respect to each installment of an Assessment not paid within thirty (30) days after its due date, the Association may, at its election, require the delinquent Owner to pay a "late charge" in a reasonable sum to be determined by the Association, together with interest at the rate of twelve percent (12%) per annum (but in no event to exceed the maximum contract rate permitted by law), on such delinquent sums, calculated from the date of delinquency to and including the date full payment is received. If any installment of an Assessment is not paid within thirty (30) days after its due date, the Association shall mail a notice to the Owner and to any Mortgagees of such owner. The notice shall specify: (a) the fact that the installment is delinquent; (b) the action required to cure the default; (c) a date, not less than thirty (30) days from the date the notice is mailed to the Owner, by which date such default must be cured; and (d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the balance of the Assessments for the then current fiscal year and foreclosure of the Owner's interest in the Development Parcel or other portion of the Subject Property. The notice shall further inform the Owner of its right, if any, to cure after acceleration. If the delinquent Assessments and any charges thereon are not paid in full on or before the date specified in the notice, the Owners' Association at its option may declare the unpaid balance of the Assessments for the then fiscal year, attributable to that Owner and its Development Parcel or interest therein, to be immediately due and payable without further demand and may enforce the collection of the assessments and all charges thereon in any manner authorized by law or by this Declaration. 7.2 Lien and Notice of Lien. Each Owner vests in the Association, or its assigns, the right and power to bring all actions at law or to foreclose liens provided for in Page -22- 170997/1 R 1/054956-6026 Section 7.1 above against an Owner and such Owner's interest in its Development Parcel or other portion of the Subject Property for the collection of delinquent Assessments. No action shall be brought to foreclose an Assessment lien sooner than the date specified under Section 7.1(c) above and a notice of claim of lien is recorded and a copy is deposited in the United States mails, certified or registered, postage prepaid, to the Owner of the Development Parcel or other portion of the Subject Property at such Owner's last known address. The notice of claim of lien must contain a sufficient legal description of the Development Parcel or other portion of the Subject Property, the Record owner or reputed owner thereof, the amount claimed (including the cost of preparing and Recording the notice of claim of lien, interest on the unpaid assessments and costs of collection, including a reasonable attorneys' fee), and the name and address of the claimant. 7.3 Foreclosure and Sale. Any foreclosure and sale provided for above shall be conducted in accordance with the provisions of Oregon law applicable to the exercise of powers of foreclosure and sale of non -purchase money mortgages or in any other manner permitted or provided by the laws of the State of Oregon. Declarant and the Association shall have the power to bid on the Development Parcel or other portion of the Subject Property at the foreclosure sale and to acquire and hold, lease, mortgage and convey the same. 7.4 Curing the Default. Upon the timely curing of any default for which a notice of claim of lien was recorded by the Association, it shall record an appropriate release of such notice upon payment by the defaulting Owner of a reasonable fee, to be determined by the Association, to cover the cost of preparing and recording such release, together with the payment of such other costs, interest at twelve percent (12%), attorneys' fees and other fees as shall have been incurred by reason of such default. Any purchaser or encumbrancer, who has acted in good faith and extended value, may rely upon such release as conclusive evidence of the full satisfaction of the sums stated in the notice of claims of lien. 7.5 Cumulative Remedies. The lien and right of foreclosure and sale thereunder shall be in addition to, and not in substitution for, all other rights and remedies that the Association, and its assigns, may have under this Declaration and by law, including an action to recover an money judgement, but institution of an action to recover a moneyjudgement shall not constitute an affirmation of the adequacy of money damages. 7.6 Subordination of Liens. All sums assessed in accordance with the provisions of this Declaration shall constitute a lien on the respective Development Parcel or other portions of the Subject Property prior and superior to all other liens, except (a) all taxes, bonds, assessments and other levies or liens that, by law, would be superior thereto, and (b) the lien or charge of any Mortgage of Record made in Page -23- 170997/1 R 0/054956-0026 good faith and for value and Recorded prior to the date on which the notice of claim of lien is Recorded. ARTICLE VIII EASEMENTS AND RIGHTS OF ENTRY 8.1 Easements. a. Common Area. Declarant expressly reserves for the benefit of the Owners' Association, nonexclusive easements for the use of the Common Area. Covenants for use and maintenance of the Common Area are described in Article IX below. b. Public Utility Easements. Declarant expressly reserves easements over the Common Area for utility services, including main lines and laterals serving the individual Development Parcels, and for the repair, replacement and maintenance of such utility lines. The Association shall have the right to assign utility easements to specific Owners and to appropriate utility companies. All existing and proposed public utility easements (PUEs) are created and/or shown on the recorded plat of Hammer Industrial Park. C. Private Utility Easements. The following private easements are reserved on the Hammer Industrial Park plat, and shall be maintained by the Owner of the property upon which the easement lies. Maintenance shall include keeping the easement area free of structures, obstructions, and generally clean and/or manicured at all times. The beneficiary of the easement reserves the right to use such easements for its intended purpose. 1. The Ten (10) Foot Storm Drainage Easement is reserved across Lot 13 for the benefit of Lot 12. 2 The Ten (10) Foot Storm Drainage Easement is reserved across the southerly corner of Lot 12 and the southeasterly comer of Tract "A" for the benefit of the storm drainage for Lots 11 and 12. 3. The Twenty (20) Foot Storm Drainage Easement is reserved across Lot 14 and the southerly portion of Lot 13 for the benefit of Lots 1 and 14. 4. The Railroad Spur Easement is reserved across Lot 1 for the benefit of John P. Hammer, LLC. Page -24- 17997/1 R /054956-002e 5. The Ten (10) Foot Sanitary Sewer Easement is reserved across Lot 14 for the benefit of Lot 13. 6. The Access Easement is reserved across Lot 14 for the benefit of Lot 1. d. Private Joint Access Easements. Private joint access easements are reserved as follows: On the common lot line between Lot 1 and Lot 14 On the common lot line between Lot 2 and Lot 3 On the common lot line between Lot 5 and Lot 6 On the common lot line between Lot 6 and Lot 7 Along the southeasterly boundary line of Tract "A" (the Common Parcel) for the benefit of Tract "A" and Lot 11. Along the northeasterly lot line of Lot 14 for the benefit of Lot 14 and Lot 12. Across the westerly comer of Lot 9 for the benefit of Lot 9 and the adjacent property directly to the north of the right of way directly north of Lot 9. Maintenance of the Shared Driveway Easements shall be as follows: 1. The owners, heirs and assigns of the above named lots of said proposed subdivision shall share equally in the costs of maintenance and operation of said easement. 2. The owners, heirs and assigns of said lots shall cause said easement to remain free of structures and parked vehicles and shall be available for access to the public road at all times. 3. Maintenance shall be undertaken at such time as either of the owners, being served by the easement deem it desirable. it. Walkways and Driveways. There shall be no obstruction of any Streets, bike paths, walkways or driveways located within the Subject Property that would interfere with the free circulation of foot, bicycle or automobile traffic, except such obstruction as may be reasonably required in connection with repairs of such Streets, bike paths, walkways or driveways. Use of all Streets, bike paths, walkways and driveways within the Subject Property shall be subject to the reasonably mles and regulations adopted by the Association. The Association may take such action as may be necessary to abate or enjoin any interference with or Page -25- 170997/mwi054956-0026 obstruction of the Streets, bike paths, walkways or driveways and shall have the right of entry for purposes of removing any such interference or obstruction. Any costs incurred in connection with such abatement, injunction or corrective work shall be deemed to be a Special Assessment of the Owner responsible for the interference or obstruction. Free use of the walkways, bike paths and driveways and free circulation of foot, bicycle and vehicular traffic are essential elements of Deelarant's plan for development of the Subject Property. 8.2 Rights of Entrv. The Association shall have a limited right of entry in and upon the exterior of all buildings and structures located on any Development Parcel for the purpose of inspecting the same, and taking whatever corrective action as may be deemed necessary or proper, consistent with the provisions of this Declaration. However, nothing in this Declaration shall be construed to impose any obligation upon the Association to maintain or repair any portion of any Development Parcel or any Improvement thereon that is to be maintained or repaired by the Owner. Nothing in this Section shall in any manner limit the right of any Owner to the exclusive occupancy and control over the Improvements located upon its Development Parcel. However, each Owner shall permit access to such Owner's Development Parcel or Improvements thereon by any Person authorized by the Association in case of any emergency originating on or threatening such Development Parcel or Improvements, whether or not such Owner is present. ARTICLE IX REPAIR AND MAINTENANCE OF COMMON AREA, NON -PAVED PUBLIC RIGHT-OF- WAY AND WETLANDS 9.1 Repair and Maintenance Duties of Association. Following their initial installation, the Association shall maintain, repair, replace, resurface and make necessary Improvements to the Common Area, or shall contract for such maintenance, repair and Improvements, to assure the maintenance of the Common Area, including without limitation all Improvements thereon, in a good, sanitary, attractive condition that complies with all applicable laws, rules and regulations. Such maintenance, repairs and Improvements shall include, without limitation, maintenance and replacement of shrubs, trees, vegetation, irrigation systems and other landscaping Improvements located in the Common Area, repair and payment for any mechanical equipment located therein, including but not limited to any storm drainage facilities, and repair and maintenance of all walkways and other means of ingress and egress within the Common Area. All such maintenance, repairs and improvements shall be paid for as Common Expenses. 9.2 Maintenance of Non -Paved Public Right -of -Way. It shall be the responsibility of each Owner to maintain that portion of the right-of-way abutting its Development Page -26- 170997/1 a i05495e-002e Parcel to the paved street that is not otherwise maintained by the City. This maintenance includes mowing and irrigation (when appropriate), trash removal and dust control. The Owners' Association reserves the right to mandate the type of ground cover in the non -paved right-of-way areas so as to insure uniform appearance of that portion of public street fight -of -way located within the Hammer Industrial Park. 9.3 Wetlands. Wetlands are located on Lot 12 of Hammer Industrial Park. Declarant shall have full and continuing responsibility to maintain, monitor and otherwise manage at its sole expense, the wetlands mitigation site made subject to that certain Department of the Army, Permit and dated and also that certain Oregon Division of State Lands permit # dated , and to faithfully and without reservation carry out all the provisions thereof for the term of this Declaration or unless the wetland is relocated or extinguished. Once the property is conveyed, the future Owner of Lot 12 will assume all such responsibilities, and shall save harmless, defend and indemnify Declarant and the Owners' Association from all cost, loss, liability and expense therefor, including attorney's and consultant's fees. ARTICLE X COMMON AREA PROTECTION 10.1 Common Area Control. The Association shall have certain rights with respect to the Common Area including without limitation, the following: a. The right to reasonably limit the number of guests, patrons, licensees and invitees of Owners and Occupants using the Common Area. b. The right to establish uniform rules and regulations pertaining to the use of the Common Area The right to suspend the right to use the Common Area by an Owner or Occupant for any period during which any Assessment against the Owner and its Development Parcel remains unpaid and delinquent and for a period not to exceed thirty (30) days for any single infraction of the published rules and regulations of the Association. In no event, however, shall any such suspension preclude the Owner or Occupant from access to its Development Parcel or access to adequate storm drainage from its Development Parcel to the detention ponds located in the Common Area. d. The right to reconstruct, replace or refinish any Improvement or portion thereof upon the Common Area in accordance with the original design, Page -27- 170997/1 A /054956-002e finish or standard of construction of such Improvements or of the general Improvements within the Subject Property as the case may be. C. The right to repair and maintain the Common Area. 10.2 Hold Harmless and Indemnification. Each Owner and Occupant shall be liable for any injury to any person or damage to the Common Area, or any Improvement thereon, that may be sustained by reason of the negligence or willful misconduct of said Owner or of its guests, employees, invitees, licensees or tenants, to the extent that any such damage shall not be covered by insurance. The costs incurred as a result of such damage shall be deemed a Special Assessment of such Owner and its Development Parcel and shall be subject to levy, enforcement and collection in accordance with the Assessment lien procedure provided for in Article VII. The Association further reserves the right to charge a Special Assessment equal to the increase, if any, in the insurance premium directly attributable to the damage or injury caused by such Owner or by the use of the Development Parcel of such Owner. 10.3 Easements for City and County Use. In addition to the foregoing easements over Common Area, there shall be, and Declarant hereby reserves and covenants for the Association and all future owners within the Subject Property, easements over the Common Area for public services and underground utilities as declared and shown on the recorded subdivision plat for Hammer Industrial Park. 10.4 Declarant's Rishts. Nothing in this Declaration or any of the Association shall restrict the right of Declarant (and its sales and leasing agents, customers and representatives) to the nonexclusive use of the Common Area without charge for sales, display, access, ingress, egress and exhibit purposes. 10.5 Title. The Declarant shall convey the Common Area at the Turnover Meeting to the Owners' Association. Thereafter, the Association shall assume all responsibility for the Common Area and Declarant shall have no further obligation to it. The Association or Declarant may transfer title of the Common Area to the City of Springfield at any time, should the opportunity arise. ARTICLE XI INSURANCE 11.1 Duty to Obtain Insurance: Types. The Association shall obtain and continue in effect adequate blanket public liability insurance, if in the Association's opinion such insurance is available at reasonable cost in an amount not less than One Million Five Hundred Thousand Dollars ($1,500,000), or in such other higher reasonable minimum amount as it may determine, covering claims for personal Page -28- 170997/1/RAU054956-0026 injury and property damage arising out of a single occurrence. The Association may also obtain and continue in effect fire and casualty insurance with extended coverage in an amount as new as possible to the full replacement value, insured on an agreed value form, of the Improvements in the Common Area. Such insurance shall be maintained by the Association as named insured for the benefit of the Association and Owners, subject, however, to loss payment requirements as set forth herein, and shall contain waivers of subrogation of claims against all Owners. The Association shall purchase such other insurance, as necessary in the reasonable judgement of the Association, including, but not limited to, errors and omissions, medical payments, fidelity bonds and workers' compensation, and such other risks as shall customarily be covered with respect to planned developments similar to Hammer Industrial Park in construction, location and use. The cost of all insurance obtained pursuant to this section shall be a Common Expense. ARTICLE XII DAMAGE OR LOSS TO IMPROVEMENTS 12.1 Restoration of Common Area. Except as otherwise provided in this Declaration, in the event of any destruction of any portion of the Common Area, or the Improvements thereon, it shall be the duty of the Association to restore and repair the same to its former condition, as promptly as practical. The proceeds of any insurance maintained pursuant to Article Xl hereof shall be used for such purpose unless otherwise provided herein. The Association shall be authorized to have prepared the necessary documents to effect such reconstruction as promptly as practical. The Common Area and all other Improvements shall be reconstructed or rebuilt substantially in accordance with the original construction plans if they are available with such changes as are reasonably determined by the Association to be necessary or desirable. In the event that the amount available from the proceeds of such insurance policies for the restoration and repair shall be less than the estimated cost of restoration and repair, a Reconstruction Assessment shall be levied by the Association upon the Owners and their Development Parcels in order to provide the necessary funds for such reconstruction over and above the amount of any insurance proceeds available for such purpose. Reconstruction Assessments shall be home by the Owners in the same proportions as Common Assessments. 12.2 Restoration Obligation of Owners. In the event of damage or destruction of any portion of a Development Parcel or the Improvements thereon, then it shall be the duty of the Owner of such Development Parcel, as soon as may be practical, to repair and replace the damage or destruction, or such portion thereof as will render such damage or destruction indiscernible from the exterior of the Page -29- 170997roanv05495e-0026 Development Parcel, provided, that the Owner shall have the right to determine not to rebuild, in which case the Development Parcel shall be returned to the condition it was in prior to construction of any Improvements thereon. Any reconstruction, replacement or repair required by this Section 12.2 shall be in accordance with the original plans and specifications for the Development Parcel or new plans and specifications approved by the Design Review Committee. ARTICLE XIII PROTECTION OF MORTGAGEES A breach of any of the provisions, covenants, restrictions, or limitations of this Declaration, or the Recordation of any lien or the pursuit of any other remedy under this Declaration, shall not defeat or render invalid the lien of any Mortgage of Record. All of the provisions of this Declaration shall be binding upon and effective against any Owner whose Development Parcel is acquired through foreclosure or trustee's rule. The Mortgagee may file with the Association a written request for written notification in the event of any default by the Owner in the performance of such Owner's obligations under this Declaration that is not cured within thirty (30) days, and the Association shall give notice thereof to each such Mortgagee. ARTICLE XIV DURATION AND AMENDMENT 14.1 Duration. This Declaration shall continue in full force until December 31, 2012, unless a Declaration of Termination or Declaration of Renewal is Recorded meeting the requirements of an amendment to this Declaration as set forth in Section 14.2. If no termination or renewal action is taken, this Declaration will automatically renew itself in one (1) year increments beginning January 1, 2013. 14.2 Amendment. Except as otherwise provided in Section 14.3 or 14.4, this Declaration or any provision hereof, or any covenant, condition or restriction contained herein, may be terminated, extended, modified or otherwise amended, as to the whole of the Subject Property or any portion thereof, with the written consent of the Owners of seventy percent (70%) of the land area of the Development Parcels (exclusive of Common Area); provided, however, that (a) so long as Declarant continues to own fee simple title to twenty percent (20%) of the land area of the Development Parcels, or for a period of thirty (30) years from the effective date hereof, whichever period is shorter, no such termination, extension, modification or other amendment shall be effective without the written approval of Declarant, which approval shall not be unreasonably withheld. No such termination, extension, modification or other amendment shall be effective until a proper instrument in writing has been executed, acknowledged and recorded. Page -30- t 7o999/VRADo549s6-ooze 14.3 Amendment by Declarant Prior to the Turnover Date, Declarant acting alone may modify or amend the provisions of this Declaration; provided, however, that (a) any such modification or amendment must be within the spirit and overall intention of the general plan of development as set forth herein; (b) prior to any such modification or amendment Declw=t shall obtain the approval of any governmental agency to such modification or amendment where such approval is necessary; (e) any modification or amendment shall not provide for any type of Improvements or use not presently permitted by this Declaration; and (d) any modification or amendment shall not adversely affect any approval previously granted under Article III. No such modification or amendment shall be effective until the Owners have been given thirty (30) days' prior written notice of the proposed change, and an instrument in writing describing the change has been executed, acknowledged and Recorded by the Declarant. 14.4 Reservation by Declarant. Prior to the Turnover Date, Declarant reserves and shall have the sole right (a) to amend this Declaration for the purpose of curing any ambiguity in or any inconsistency between the provisions contained herein; (b) to include any contract or deed or other instrument hereafter made any additional covenants and restrictions applicable to the affected land or Development Parcel that do not lower the standards of this Declaration; and (c) to release any Development Parcel from any part of this Declaration that has been violated (including, without limitation, violations of the building restriction lines and provisions hereof related thereto) if Declarant, in its solejudgement, determines such violations to be a minor or unsubstantial violation. 14.5 Governmental Regulations. All valid governmental enactments, ordinances and regulations are deemed to be a part of this Declaration, and to the extent that they conflict with any provision, covenant, condition or restriction of this Declaration, such conflicting governmental enactment, ordinance and regulation shall control and the provision, covenant, condition or restriction hereof in conflict therewith shall be deemed (a) amended to the extent necessary to bring it into conformity with such enactment, ordinance and regulation while still preserving the intent and spirit of the provision, covenant, condition or restriction; or (b) stricken herefrom should no amendment conforming to the governmental enactment, ordinance or restriction be capable of preserving the intent and spirit of said provision, covenant, condition or restriction. ARTICLE XV ENFORCEMENT 15.1 Abatement and Suit. The Owner of each Development parcel, and the Occupant, if any, shall be jointly and severally liable, for the violation or breach of any covenant, condition or restriction contained in this Declaration. Violation or Page -31- 170997/1B 1/05495660026 breach of any covenant, condition or restriction contained in this Declaration shall give to the Association, following thirty (30) days' written notice to the Owner or Occupant in question, the right, privileges and license to enter upon the Development Parcel where such violation or breach exists and to summarily abate and remove, at the expense of the Owner or Occupant thereof, any improvement, structure, thing or condition that is contrary to the intent and meaning of the provisions hereof, or to prosecute a proceeding at laws or in equity against the Person or Persons who have violated or are attempting to violate any of those covenants, conditions or restrictions to enjoin or prevent them from doing so, to cause such violation to be remedied, or to recover damages for such violation. No such entry by the Association or its agent shall be deemed a trespass, and neither the Association nor its agents shall be subject to liability to the Owner or Occupant of the Development Parcel for such entry and any action taken to remedy or remove a violation. The cost of any abatement, remedy or removal hereunder shall be a Special Assessment against and the binding personal obligation of any Owner or Occupant in violation of any provision of this Declaration and shall be subject to lien enforcement and collection by Declarant in accordance with the procedure provided for in Article VII. 15.2 Deemed to Constitute a Nuisance. The result of every act or omission whereby any covenant, condition or restriction herein contained is violated in whole or in - part shall constitute a nuisance and the Association may exercise every remedy, either public or private, allowed by law or in equity against the offending Owner or Occupant. 15.3 Other Remedies. All remedies provided in this Declaration, or at law or in equity, shall be cumulative and not exclusive. 15.4 Attorneys' Fees. In any legal or equitable proceeding for the enforcement of this Declaration or any provision hereof, whether it be an action for damages, declaratory relief or injunctive relief, or any other action, the losing party or parties shall pay the attorneys' fees of the prevailing parry or parties, at trial, on appeal or petition for review, and in enforcing or collecting any judgement rendered, in such reasonable amount as shall be fixed by the court in such proceedings or in a separate action brought for that purpose. 15.5 Failure to Enforce is No Waiver. The failure to enforce any requirement, covenant, condition, restriction or standard herein contained shall in no event be deemed to be waiver of the right to do so thereafter or in other cases nor of the right to enforce any other requirement, covenant, condition, standard or restriction. Page -32- 190997/VRAJ1054956-0026 ARTICLE XVI ASSIGNMENT Any and all rights, powers and reservations of Declarant under this Declaration may be assigned to any Person that will assume the duties of Declarant pertaining to the particular rights, powers and reservations assigned. Upon any such Person evidencing its consent in writing to accept such assignment and assume such duties, he or it shall, to the extent of such duties as are given to and assumed by Declarant herein. If at any time the Declarant ceases to exist and has not made such an assignment, a successor to Declarant may be appointed by the Owners in the same manner as this Declaration may be modified or amended under Article XIV. Any assignment or appointment made under this Article shall be in written form and shall be recorded. ARTICLE XVII GENERAL PROVISIONS 17.1 Constructive Notice and Acceptance. Every Person who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the Subject Property is and shall be conclusively deemed to have consented and agreed to every covenant, condition, restriction and easement contained herein, whether or not any reference to this Declaration is contained in the instrument by which such Person acquired an interest in the Subject Property. 17.2 Li bili . Neither the Design Review Committee or any member of the Committee, the Association, nor their officers, Directors, agents, employees, partners, contractors, successors or assigns shall be liable to any Owner or Occupant of any portion of the Subject Property by reason of any mistake in judgement, negligence, nonfeasance, action or inaction in connection with their rights or duties under this Declaration or for the enforcement or failure to enforce any provision of this Declaration. Every Owner or Occupant of any of said property by acquiring its interest therein agrees that it will not bring any action or suit against such Persons to recover any such damages or to seek equitable relief because of same. 17.3 Runs with Land. All covenants, conditions, restrictions and agreements herein contained are made for the direct, mutual and reciprocal benefit of each and every Development Parcel of the Subject Property; shall create mutual equitable servitudes upon each parcel in favor of every other Development parcel; shall create reciprocal rights and obligations between respective Owners and occupants of all Development Parcels and privity of contract and estate between all grantees of such Development Parcels, their heirs, successors and assigns; and shall, as to the Owner and Occupant of each Development Parcel, its heirs, successors and assigns, operate as covenants running with the land, for the benefit off all other Page -33- 170997/uwi054956-002e Development Parcels, except as provided otherwise in this Declaration. 17.4 Rights of Mortgagees. No breach of any covenant, condition or restriction herein contained, or any enforcement thereof, shall defeat or render invalid the lien of any Mortgage now or hereafter executed upon the Subject Property or a portion thereof; provided, however, that if any portion of said property is sold under a foreclosure of any Mortgage, any purchaser at such sale and its successors and assigns shall hold any and all property so purchased subject to all of the covenants, conditions, restrictions and easements contained in this Declaration. 17.5 Severability. The provisions of this Declaration shall be deemed independent and severable, and a determination of invalidity or partial invalidity or enforceability of any one provision or portion hereof by a court of competent jurisdiction shall not affect the validity or enforceability off any other provisions hereof. 17.6 Interpretation. The provisions of this Declaration shall be liberally constmed to effectuate its purpose of creating a uniform plan for the creation and operation of the development of the Subject Property and for the maintenance of the Common Area. The Article and section headings, titles and captions have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. Unless the context otherwise requires, as used herein the singular and the plural shall each include the other and the masculine, feminine and neuter shall each include the masculine, feminine and neuter. 17.7 No Public Right or Dedication. Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part of the Subject Property to the public, or for any public use, except as may be specifically set forth on a plat of any of the Subject Property. If any portion of the Subject Property is dedicated for public use, it shall be disregarded in interpreting and applying this Declaration to the extent such public use is inconsistent with this Declaration. The Declarant so long as it owns twenty percent (20%) of the area of the Development Parcels, and thereafter the Association, may dedicate and convey any portion of the Common Area to the general public. 17.8 Notices. Except as otherwise provided in this Declaration, in each instance in which notice is to be given to an Owner, the same shall be in writing and may be delivered personally to the Owner, in which case personal delivery of such notice to one or more co -Owners of a Development Parcel or to any general partner of a partnership owning a Development Parcel shall be deemed delivery to all co - Owners or to the partnership, as the case may be. Personal delivery of such notice to any officer or agent for the service of process on a corporation shall be deemed delivery to the corporation. In lieu of the foregoing, such notice may be delivered by first class United States mail, postage prepaid, addressed to the Owner at the Page -34- 170997/1/ /054956-0026 most recent address furnished by such Owner to the Association or, if no such address shall have been furnished, to the street address of such Development Parcel. Such notice shall be deemed delivered forty-eight (48) hours after the time of such mailing. Any notice to be given to the Declarant may be sent by United States mail, postage prepaid, addressed to it at the following addresses, or at such address as shall be fixed by it from time to time and circulated to all Owners: To Declarant: John Hammer, President Oakway Golf, Inc. PO Box 2266 Eugene, OR 97402 Dated this day of 12002 Oakway Golf, Inc., an Oregon corporation By: John Ha er. President State of Oregon ) ) ss County of Lane ) Personally appeared before me , John P. Hammer, President of Oakway Golf, Inc., who acknowledged this instrument as his free and voluntary act and deed on behalf of said entity. Dated this //� day of, 2002 =N1 ear��� L. APMANOREGON Notary Public of Oregon . 350558MY COMMV 30, 2005 MY COnrm1SS10n eXpires T Q Page -35- 170997/mwi05495e-002e 1' IMPROVEMENTAGREEMENT INCLUDING NOTICE OF POTENTIAL ASSESSMENT LIEN (In Lieu of Immediate Construction of Public Improvement, Includes Waiver of Right to Remonstrate) IN CONSIDERATION of the covenants herein recited, the City of Springfield, hereinafter referred to as City, and Oakwav Golf Inc hereinafter referred to as Applicant(s), do covenant and agree with respect to the real property described below as follows: 1. Applicants) warrents and represents to the City of Springfield that it is the owner of the property more particularly described and set forth in Paragraph 7 below and. as owner, has the authority to enter into this Improvement Agreement with the City of Springfield. 2. Applicants) desires Development Approval from the City with respect to the following Development Application 3. The development will cause both an immediate and long -tern demand on the various public facilities of City and Lane County including the specific public improvements necessitated by the development as set forth in paragraph 6. 4. This Improvement Agreement is an alternative to imposing a condition on Applicant's development approval that the Applicant make immediate construction of any public improvement that the development necessitates. The objective is to promote efficiency.. coordination, and spread costs by providing an opportunity for a district wide improvement mechanism where construction occurs in a coordinated project with the participation of adjacent and other properties in the area, instead of requiring immediate improvement in conjunction with each development application. There is no guarantee, however, that such a coordinated project will be possible and the City reserves the right to require constructor of the improvements in the future at City discretion. 6. (a) Applicant and City agree that Applicant will pay the cost of the following public facility improvements described in Paragraph 6 in accordance with respective cost assumption policy established by City at the time the City determines to undertake and complete such public improvements. (b) Applicant and city acknowledge and agree that the cost of such improvements and the portion thereof to be paid by Applicant are presently unknown and may be greater that the costs that would be apportioned if the improvements were constructed immediately or by Applicant now or later. (c) Applicant acknowledges that the timing of the construction of such improvements is within the sole and exclusive direction of the City. B. (a) STREET IMPROVEMENTS along the frontage of include'. ( ) surface paving; ( ) storm sewers: ( ) sanitary sewers, ( ) planter strips; ( ) streettrees; ( )streetlights, ( ) sidewalks. (b) TRAFFIC SIGNALS at the intersection (c) OTHER IMPROVEMENTS See Ski ( ) curbs: to gutters', Applicant acknowledges that the list of marked improvements reflect those that would currently be required under the appropriate City codes and ordinances. Applicant acknowledges that it understands that the improvements made will be those required to expand the sewer lift station and appurtenances to meet the demand of the subdivision. Lots to be assessed on a per square foot basis. 01v1sipn pf Chlaf Deputy Clerk Lana Ceonty Maeda and Reaardc 2002.030599 1111111111111111111111111111111111111111111111111 $41.00 00285547200200305950030032 04/9/2002 10:02;13 QM P. r.,e`sr�d: PPR-RGRE Cnt-2 Soni CASHIER 05 $5.00 $13.00 $10.00 $11.00 LEGAL DESCRIPTION. RETURN TO: CITY OF SPRINGFIELD -PUBLIC WORKS DNNF. - 225 FIFTH STREET- SPRINCFIEID, ORI CON. 97477 121 NO Property Address (SEE EXHIBIT "A") t7- e2-31.00 - eol oo IT of-30-ov -e, x201 Tax Lot No. 8. City agrees that Applicant's execution and performance of the terms of the Agreement will be deemed to be in compliance with City's policy pertaining to improvement requirements, and if Applicant complies in every respect with all other applicable 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 set forth therein. B. This agreement is enforceable by the State of Oregon, Lane County or City. 10. APPLICANT AGREES TO SIGN ANY AND ALL WAIVERS. PETITIONS, 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 AND TO WAIVE ALL RIGHT TO REMONSTRATE AGAINST SUCH IMPROVEMENTS. Applicant does not waive any right to protest the amount., manner of spreading the assessment thereof R the same shall appear to the Applicant to bear inequitably or unfair upon said property of Applicant Applicants acceptance of the non- remonstrance condition is in consideration for the City's waiver of the 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 not waive a property owner's right to comment on the proposed district or any related matters orally or In writing. II It is the Intention of the parties hereto that the covenants herein contained shall mn wdh the land herein described, and shall be binding upon the heirsexecutors assignsadministrators, and successors of the parties hereto, and shall be construed to be a benefit and a burden upon the property herein described. This Agreement shall be recorded in the Lane County Deed Records. NOTICE TO APPLICANT/PROSPECTIVE PURCHASER If you are the applicant or a prospective purchaser of this property, you are advised to discuss this Agreement with an Attorney of your choice. Execution and recordation of this Agreement will place requirements on the Owner and any subsequent purchaser of the Real Properly described in Section 7 and their heirs, successors and assigns. These requirements Include but are not limited to the payment for the public improvements described in Section 6. This may result in an assessment lien on the Real Property described in Section 7 and significant costs to the Owner and Purchasers, and their heirs, successors and assigns. An Applicant's signature on this Agreement indicates that the Applicant has thoroughly read this Agreement, understands it has had the opportunity to consult legal counsel prior to its execution, and understands that execution of the Agreement may result in significant financial obligations imposed upon the Owner of the Real Property. Any prospective Purchaser of the property burdened by this Improvement Agreement should also thoroughly review this Agreement, consult with legal counsel prior to purchasing the property, and understand that this Agreement may result Io a significant financial obligation imposed upon any Owner of the Real Property described in Section 7. Wlraf HE FORE Chep "espave set their M1antl this Q Uc Z� day of �82G.K ,2002 By By Ap licant Applicant STATE OF OREGON ) as COUNTY OF LANE ) Ais �d yof /'/�4&Z 2011 A. before me appeared —/e A19 �2M wli ntl who being sworn did say that they are the President and Secretary, respectively of the corponsi on, and that the seal ofixed hereto Is its seal, and that this deed was voluntarily signed and sealed in behalf of the corporation by authority of its Boardof Directors ./Before mee. O Fr,IRL SEAL LOP[ i05 ons PMAN N T/i rueva ce EG ON GOMNI SON NO. StiCn5s MT COM1I IA¢EIOV EXPI'nE5 Ne V.'r.9, 3005 in Notary Public for Grego My Comm ssion Expires ] i RF,TURNTO: CITY OF SPRINGFIELD - PUBLIC WORKS DEPT. -225 FIFTH STREET -SPRINGFIELD, OREGON. 97477 By 1✓iM V�� Don R. Rogero-City SrNsyor STATE OF OREGON ) )ss. COUNTY OF LANE ) On this J�tlay of APRIL- 2001 there personally appeared before me Don R, Rogers He City Surveyor, for the City of Springfield and signed th bove tlocumenyv LAiLI LY)/VOTJI/ UEFIGPLSPAL Notary Public for Oregon jENNI3 P ENNSI My Commission Expires 04 Z9,Iii ROLUIll OflEdi WMMISSNN X0.=3397/ w MMNMMINNIISNTJI$, 301 EXHIBIT "A" BEGINNING AT THE INITIAL POINT W HICH ISA 518 INCH BY 30 INCH IRON ROD W ITH A PLASTIC YELLOW CAP MARKED P. L S. 655, SAID POINT BEING ON THE SOUTHWESTERLY RIGHT -CF - WAY OF 42nd STREET AND BEING NORTH 0° 14' 57" EAST 35824 FEET FROM THE SOUTHWEST CORNER OF BLOCK i OF MORROW PLAT, AS PLATTED AND RECORDED IN BOOK 19, PAGE 6. LANE COUNTY OREGON PLAT RECORDS', RUN THENCE SOUTH 0" 14 57" WEST 358 24 FEET TO A 1 INCH IRON PIPE MARKING THE SOUTHWEST CORNER OF BLOCK 1 OF SAID MORROW PLAT. SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY OF SOUTHERN PACIFIC RAILROAD; RUN THENCE ALONG SAID RIGHT-OF-WAY NORTH 84" 24' 00" WEST 2098.13 FEET', THENCE LEAVING SAID RIGHT-OF-WAY & FOLLOWING A LOT LINE ADJUSTMENT AS SHOWN IN CSF #36867 NORTH 5" 31'39" EAST 362.76 FEET, THENCE SOUTH 83` 31' 46" EAST 15.53 FEET; THENCE NORTH 0" 33' 20 " EAST 354 71 FEET', THENCE NORTH 89" 25'27" WEST 1.99 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF SAID 39th STREET, THENCE LEAVING SAID LOT LINE ADJUSTMENT SURVEY 36867 ALONG SAID RIGHT -OF -WAV NORTH 0" 34' 36" EAST 639.58 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF KATHRYN STREET, THENCE SOUTH 89° 27'00" EAST 88.82 FEET, THENCE ALONG THE ARC OF A 517.46 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD OF WHICH BEARS NORTH 78'44'57" EAST 211.06 FEET; THENCE NORTH 67° 03'00" EAST 127.60 FEET; THENCE ALONG THE ARC OF A 771.11 FOOT RADIUS CURVE TO THE LEFT. THE LONG CHORD OF WHICH BEARS SOUTH 65° 47'21 " EAST 114.58 FEET, THENCE SOUTH 70" 03' 00' EAST 242.54 FEET'. THENCE ALONG THE ARC OF A 5709.39 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD OF WHICH BEARS SOUTH 71" 35' DO" EAST 305.55 FEET, THENCE SOUTH 73" OT OP' EAST 78.57 FEET; THENCE ALONG THE ARC OF A 258.73 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD OF WHICH BEARS SOUTH 69° 52' 38" EAST 29.24 FEET TO A POINT ON THE WESTERLY RIGHT -OF -WAV OF 42nd STREET, THENCE ALONG SAID RIGHT-OF-WAY ON THE ARC OF A 1512.39 FOOT RADIUS CURVE TO THE LEFT, THE LONG CHORD OF WHICH BEARS SOUTH 40° 54'28" EAST 27.47 FEET, THENCE SOUTH 41.25' 41"EAST 1262.36 FEET; THENCE SOUTH 48° 29' 24" WEST 53.62 FEET, THENCE SOUTH 72° 08'49" EAST 45 87 FEET TO A RAILROAD SPIKE. THENCE ALONG THE ARC OF A 286.48 FOOT RADIUS CURVE TO THE RIGHT, THE LONG CHORD OF WHICH BEARS SOUTH 138° 36'38" EAST 38.80 FEET TO THE PLACE OF BEGINNING, IN SPRINGFIELD, LANE COUNTY, OREGON. CONTAINING 54.26 ACRES MORE OR LESS. HP; TURN TO: CITY OF SPRINGFIELD- PUBLIC WORKS DEPT. -225 FIFTH STREET -SPRINGFIELD, OREGON. 97477 RETURN TO CASCADE TITLE CO. lJ CUL32b2-Z CV x-1ko t%- AFTER O AFTER RECORDING RETURN TO: Fred A. A. Divita, P.C. 1147 High Street Eugene, OR 97401 UNTIL A CHANGE IS REQUESTED, ALL TAX STATEMENTS REGARDING LOT 14 OF THE JP HAMMER INDUSTRIAL PARK ARE TO BE SENT TO THE FOLLOWING ADDRESS: Paisley, LLC PO Box1431 Eugene, OR 97440 Division of Chief Deputy Clerk 101487785Lana County Deeds and Records IIIIII IIIII IIIIIIII IIII IIIIIIIIIIIIII111111I11111 $136,00 00356104200200877850220222 1110812002 03:40:14 DM RPR-E6NT Cnt=2 Stn=4 CRfiHIER 02 $5.00 $110.00 $10.00 $11.00 DEVELOPMENT AND EASEMENT AGREEMENT This Development and Easement Agreement hereinafter sometimes referred to as "this Agreement", is entered into on the dates set forth below by and between PAISLEY, LLC, an Oregon limited liability company, hereinafter sometimes referred to as "PAISLEY", OAKWAY GOLF, INC., an Oregon corporation, hereinafter sometimes referred to as "OAKWAY", OREN R. POSNER individually, SUSAN C. POSNER individually, and JOHN P. HAMMER individually. RECITALS 1. WHEREAS PAISLEY, LLC desires to purchase Lot 14 of the JP Hammer Industrial Park from OAKWAY GOLF, INC. as more particularly described in Exhibit A attached hereto and by this reference incorporated herein, and said Lot 14 is hereinafter sometimes referred to as "Lot 14". 2. WHEREAS PAISLEY, LLC further desires to obtain an option to purchase Lot 2 of the JP Hammer Industrial Park from OAKWAY GOLF, INC., subject to the right of OAKWAY to encumber Lot 2 with a 10 foot public utility easement from the western boundary of Lot 1 across Lot 2 to an undetermined point at the northern edge of Lot 2 abutting Industrial Avenue in Springfield, Oregon, and 3. WHEREAS the development and installation of easements, roads, curb cuts, access points, drainage systems and other matters regarding the development of the JP Hammer Industrial Park have not been completed as of the date of the execution of this Agreement, and 4. WHEREAS OAKWAY GOLF, INC. would not be willing to sell Lot 14 of said Industrial Park, or to grant an option to PAISLEY, LLC to purchase Lot 2 of said Industrial Park, unless and until 1 - DEVELOPMENT AND EASEMENT AGREEMENT PAISLEY, LLC executes this Agreement, which Agreement shall also be personally guaranteed by OREN R. POSNER individually and SUSAN C. POSNER individually, and AGREEMENTS NOW, THEREFORE, PAISLEY, LLC, OAKWAY GOLF, INC., OREN R. POSNER, SUSAN C. POSNER and JOHN P. HAMMER do hereby agree as follows: 1. That all of the terms and provisions of this Development and Easement Agreement shall survive and shall be enforceable by any party to this Agreement after the closing of the sale and purchase of Lot 14 of the JP Hammer Industrial Park by PAISLEY, LLC as Buyer and OAKWAY GOLF, INC. as Seller. All of the parties to this Agreement hereby specifically agree that all parties to this Agreement each have duties of fair dealing, good faith and cooperation in carrying forward the implementation of all of the terms and provisions of this Agreement. 2. After the closing of the Lot 14 real estate transaction, OAKWAY shall take all steps necessary to undertake, perform and complete a lot line adjustment regarding the westerly boundary of Lot 14 as described in Exhibit D, which lot line adjustment will increase the area of Lot 14 by adding an area which is approximately 50 feet in width as measured along the southern boundary of the additional area to be added to Lot 14 as described in said Exhibit D. The additional area is described in Exhibit B as Area 1, 2, 3, 4, which Exhibit B is for illustrative purposes only. At such time as said lot line adjustment is complete, OAKWAY GOLF, INC. shall convey the described additional area to PAISLEY, LLC by Warranty Deed subject to all easements, conditions, restrictions, reservations of record and special exceptions 6, 7, 8, 9, 10, 11, 12, 13 and 14 of that certain Preliminary Title Report prepared by Cascade Title Co. dated September 19, 2002 and listed as Report No. CT -232628, provided that at the time of the closing of said sale of Lot 14, PAISLEY, LLC shall have paid to OAKWAY GOLF, INC. the sum of Fifty Six Thousand Eight Hundred Fourteen Dollars and 83/100 ($56,814.83) as part of the total purchase price in the amount of Four Hundred Seventy Eight Thousand Nine Hundred Twenty Four Dollars and 18/100 ($478,924.18) to be paid to OAKWAY by PAISLEY for Lot 14 and the above-described additional area. In the event that OAKWAY fails to receive or complete the lot line adjustment after 180 days from the date of the closing of the Lot 14 transaction, then PAISLEY may request the return of the sum of Fifty Six Thousand Eight Hundred Fourteen Dollars and 83/100 ($56,814.83) without interest from OAKWAY GOLF, INC., or PAISLEY can instruct OAKWAY to continue to proceed with 2 - DEVELOPMENT AND EASEMENT AGREEMENT the lot line adjustment, in which case, OAKWAY GOLF, INC. shall continue to attempt to complete to the lot line adjustment with due diligence. In the event PAISLEY requests return of the sum of $56,814.83, OAKWAY will pay that sum within ten day of request. 3. PAISLEY shall permit OAKWAY and JOHN P. HAMMER use of the lot line adjustment area as depicted in Exhibit B as Area 1, 2, 3, 4 and as described in Exhibit D, to store green veneer machinery for a period of two years from the date of closing of the Lot 14 transaction. In addition, PAISLEY shall permit OAKWAY and JOHN P. HAMMER to store machinery and personal property in three of the eight aisles of the vat located on Lot 14 for a period of two years from the date of the closing of the Lot 14 transaction. 4. OAKWAY GOLF, INC. agrees to permit PAISLEY, LLC to use a portion of Lot 2 of the JP Hammer Industrial Park for material storage for a period of two years from the date of the closing of the purchase and sale of Lot 14 of the JP Hammer Industrial Park. In addition, PAISLEY shall have the right in cooperation with OAKWAY and JOHN P. HAMMER to move certain green veneer machinery presently located on a portion of Lot 14 of the JP Hammer Industrial Park onto a portion of Area 1, 2, 3, 4 as described in Exhibit B. OAKWAY and PAISLEY will cooperate and work out the details of moving any such machinery from its present location to new locations upon a portions of Lot 14 and upon Area 1, 2, 3, 4 as described in Exhibit B. Within 30 days of closing of the Lot 14 transaction, OAKWAY and PAISLEY agree to cooperate and work together to consolidate OAKWAY'S machinery presently located on Lot 14 to locations on Lot 2. OAKWAY will remove all of it's veneer equipment and machinery from Lot 2 no later than October 1, 2004. 5. PAISLEY, LLC hereby acknowledges and agrees that it is purchasing Lot 14 of the JP Hammer Industrial Park subject to the obligation of PAISLEY, LLC to convey in the future to OAKWAY GOLF, INC. or it's assigns, an easement 24 feet in width upon said Lot 14 and possibly over and upon a portion of the additional area of Lot 2 as described in Exhibit D, which easement shall be for the purposes of OAKWAY GOLF, INC. and/or JOHN P. HAMMER and their assigns and grantees having rights of ingress, egress, access and such other uses as may be required by OAKWAY GOLF, INC. and/or JOHN P. HAMMER, from Lot 1 of the JP Hammer Industrial Park over and upon a portion of Lot 14, and over and upon a portion of the additional area of Lot 2 as described in Exhibit D. The location of said 24 foot easement over and upon Lot 14 and a portion of the real property described in Exhibit D shall be determined pursuant to the mutual agreement of OAKWAY and PAISLEY. If OAKWAY and PAISLEY are unable to agree in regard to the location, or any of the construction details regarding said 24 foot easement within 14 3 - DEVELOPMENT AND EASEMENT AGREEMENT days after either party submits to the other party, a map or description of the proposed location of said 24 foot easement, then the parties shall arbitrate the location and all other unresolved issues regarding said 24 foot easement pursuant to the provisions of Section 15 of this Agreement. OAKWAY GOLF, INC. shall provide a legal description, and shall prepare the form of easement which shall be executed by PAISLEY, LLC. after the parties have mutually agreed upon the location of the easement. Within 60 days after receiving notice from OAKWAY GOLF, INC., PAISLEY shall commence to construct the access easement beginning at the location of the access points along the boundary line of Lot 1 and Lot 14 and possibly a portion of Lot 2 described in Exhibit B of the JP Hammer Industrial Park, which access points shall be determined by OAKWAY GOLF, INC. and the easement shall terminate at the location of a shared curb cut on the boundary line between Lot 14 and/or Lot 2 and Industrial Avenue, which location of the curb cut shall be acceptable to OAKWAY and PAISLEY. The possible location of such access easement is described in Exhibit E attached hereto and made a part hereof, provided that the final location of the easement area shall be determined by mutual agreement of OAKWAY and PAISLEY pursuant to the terms and provisions of this Agreement. PAISLEY shall also have the right to use the easement area for the purposes of ingress and egress from Industrial Avenue over and across Lot 14. PAISLEY shall grade and construct and maintain the easement area and cover the area with a sufficient amount of rock so as to enable motor vehicles and trucks with a gross weight of up to 80,000 pounds to travel across, and use the easement area. PAISLEY shall continue to maintain and grade the easement area subject to all maintenance requirements as set forth in the Easement Agreement or as may be required by the City of Springfield or other governmental agency. 15 days prior to commencing the construction of the easement drive area, PAISLEY shall notify OAKWAY of the precise details of how PAISLEY intends to construct and maintain the easement drive area. The location, construction and maintenance of the easement area shall at all times be subject to the requirements of the City of Springfield and Lane County, Oregon. The aforementioned easement shall be appurtenant to Lot 1. Lot 14 and Lot 2 shall forever remain the servient estate of said easement. PAISLEY shall be responsible for the payment of all of the costs of construction of all required curbs, gutters, approaches and other facilities, and removal of existing curbs and the replacement of curbs and curb cuts, and the paving if necessary, of the relocated curb cut and access point at the intersection of Industrial Avenue and the easement over and upon Lot 14 and Lot 2. OAKWAY and it's assigns shall have no duty to maintain or repair the aforementioned easement unless OAKWAY or it's assigns cause damage to the aforementioned easement or any part thereof. PAISLEY shall also be responsible for obtaining all 4 - DEVELOPMENT AND EASEMENT AGREEMENT approvals and permits necessary to construct such improvements including all curb cuts, driveways and other facilities required to complete the construction of the easement and access onto Industrial Avenue. PAISLEY shall complete all improvements and easement in a good and workmanlike manner, and PAISLEY shall cooperate with OAKWAY in constructing the improvements and the easement as may be required by OAKWAY. The easement and all rights associated therewith to be granted by PAISLEY to OAKWAY, which easement rights are hereby reserved by OAKWAY, shall continue in perpetuity, but shall be subject to termination as the result of abandonment, or other event as provided by applicable law. In addition, PAISLEY hereby acknowledges and agrees that it is purchasing Lot 14 and a portion of Lot 2 described in Exhibit D of the JP Hammer Industrial Park subject to the obligation and duty of PAISLEY to grant to OAKWAY GOLF, INC. any and all additional easements for drainage, and ingress and egress onto Industrial Avenue in Springfield, Oregon, and for any other purposes as may be required in the future by any governmental agency provided that all such easements, including the above access easement, shall be completed and installed within one year from the date of the execution of this Agreement, and no drainage easement shall involve the installation of any above ground facilities of any kind located on Lot 14 except the installation of any catch basins. All easements hereby granted to OAKWAY GOLF, INC. or reserved by OAKWAY GOLF, INC., or as may be required in the future by OAKWAY GOLF, INC. or any governmental agency, and all rights and obligations thereunder, shall be appurtenant to and shall run with Lot 1 of the JP Hammer Industrial Park, and all such easements and future easements shall bind and enure to the benefit of Lot I and the parties who may in the future own Lot 1 of the JP Hammer Industrial Park, as well as their respective successors, assigns, lessees and mortgagees. In addition, for a period of one year from the date of the execution of this Agreement, PAISLEY hereby grants to OAKWAY and it's assigns the right to own and obtain all easements as may be required to place drainage pipes, catch basins, and drainage lines under or across any and all portions of said Lot 14 for the purpose of preventing drainage water and sheet water from collecting on Lot 1 and flowing across or onto Lot 14. OAKWAY GOLF, INC. and PAISLEY agree to cooperate and in good faith, take all steps necessary to work with Olsen and Morris, Engineers of Springfield, Oregon to determine the location and engineering details of such drainage system and location of easements. OAKWAY GOLF, INC. shall be responsible to pay for all costs related to the planning, implementation and installation of all such drainage facilities provided that PAISLEY shall upon written request of OAKWAY GOLF, INC. grant to OAKWAY any and all such easements appurtenant to Lot 1, and which easements are over, on or under Lot 14, or Lot 2, which may be necessary in regard to the 5 - DEVELOPMENT AND EASEMENT AGREEMENT implementation of any such drainage system as planned or constructed by OAKWAY GOLF, INC. The parties acknowledge that OAKWAY has contracted with Olson and Morris to design the infrastructure for the JP Hammer Industrial Park. Olson and Morris are designing a series of catch basins and storm sewer drain lines to assure that storm water from Lot 1 does not drain onto Lot 14. OAKWAY agrees that the design for handling storm water will include piping from the open storm water collection point adjacent to Lots 12, 13, and 14 to Industrial Avenue and ultimately to the detention pond on the JP Hammer Industrial Park. The final design of the surface water drainage system protecting Lot 14 is subject to PAISLEY's and the City of Springfield's final approval. OAKWAY and PAISLEY will review and approve the drainage system engineering drawings prior to the time of closing. All infrastructure work to treat surface water drainage will be completed within twelve months from the date execution of this Agreement by the parties barring any delays caused by approval of the City of Springfield. In the event that at any time hereafter PAISLEY, LLC shall convey all or any portion of Lot 14 or Lot 2 of the JP Hammer Industrial Park, PAISLEY, LLC shall take all steps necessary to require any subsequent purchaser of said parcels of real property to become bound to perform all of the terms, conditions and obligations of PAISLEY, LLC as set forth in this Development and Easement Agreement. OAKWAY reserves unto itself the right to place all necessary easements over and upon any and all portions of Lot 14 and Lot 2 of the JP Hammer Industrial Park as may be necessary to implement all of the terms and conditions of this Agreement subject to the right of PAISLEY to review any and all such easements. PAISLEY and OAKWAY shall take all steps necessary to complete their obligations regarding the creation and construction of the above- described 24 foot ingress and egress easement over and upon Lot 14, and possibly an additional area of Lot 2 within one year of the date of the execution of this Agreement by the parties. Until the above-described ingress and egress easement is completed, OAKWAY shall have the right to use the presently existing 24 foot access path from Lot I across Lot 14 to 42n6 Street. 6. PAISLEY hereby acknowledges that Lot 14 is presently encumbered by the rights of the City of Springfield, a municipal corporation, and the public in and to that portion of Lot 14 lying within County Road No. 221, and easements for utilities, and such utilities as exist within the bounds of said County road_ PAISLEY further acknowledges that OAKWAY is in the process of attempting to obtain the vacation of the aforementioned County Road No. 221 by the City of Springfield. PAISLEY hereby acknowledges and agrees that all of the expenses and efforts to complete the aforementioned vacation are being undertaken by OAKWAY GOLF, INC., and therefore PAISLEY, LLC hereby forever conveys, agrees to convey and 6 - DEVELOPMENT AND EASEMENT AGREEMENT relinquishes, surrenders and gives up to OAKWAY and it's assignees all of the rights of PAISLEY, LLC, and any subsequent owners of Lot 14 of the JP Hammer Industrial Park as described in Exhibit A attached hereto, to any and all portions of County Road No. 221 in the event that it is vacated, except that in the event of any such vacation, OAKWAY GOLF, INC. agrees to sell to PAISLEY, and PAISLEY agrees to purchase from OAKWAY GOLF, INC. an area approximately 20 feet in width which comprises one-half of County Road No. 221 commencing at the southern end of Road 221 and ending at points on Road 221, which points are located on the extension of the northeastern boundary line of Lot 13, which termination points are described as points 6 and 7 on Exhibit C attached hereto. The approximate location of the aforementioned area of Road 221 to be purchased by PAISLEY from OAKWAY in the event of vacation is described as Areas 5, 6, 7, 8 on Exhibit C attached hereto and by this reference incorporated herein. PAISLEY shall have no rights to purchase or receive any other portion of Road 221 in the event that said road is vacated by the City of Springfield. In the event that the City of Springfield in the future conveys or transfers in any manner any portion of Road 221 other than Area 5, 6, 7, 8 described in Exhibit C to PAISLEY, PAISLEY shall forthwith transfer at no cost or expense to OAKWAY, any such additional portion of Road 221 to OAKWAY GOLF, INC. or it's assigns. PAISLEY agrees to pay OAKWAY for said Area 5, 6, 7, 8 of County Road No. 221 as described in Exhibit C attached hereto, a sum of money based upon the actual square footage contained in said vacated area of County Road 221 which is conveyed by OAKWAY to PAISLEY at the rate of Three Dollars and 37/100 ($3.37) per square foot. The sale of the aforementioned portion of vacated Road 221 shall occur within 60 days after the City of Springfield either vacates Road 221 or conveys to OAKWAY GOLF, INC. Road 221, or in the event the City of Springfield conveys directly to PAISLEY, LLC or it's assigns, any portion of vacated Road 221. PAISLEY, LLC or it's assigns shall forthwith pay the above-described sum to OAKWAY GOLF, INC at the time of the closing of the aforementioned sale of the vacated portion of Road 221. In addition, PAISLEY, LCC and it's assigns shall forthwith transfer to OAKWAY any portion of vacated County Road 221, which is not described as Area 5, 6, 7, 8 in Exhibit C attached hereto. PAISLEY shall have no other rights to acquire from the City of Springfield, or any other governmental agency, any other portion of County Road No. 221 in the event that any portion of said County Road is vacated. PAISLEY agrees that OAKWAY is hereby assigned any and all rights of PAISLEY, LLC to any and all portions of County Road No. 221 in the event of a vacation of said road, except for PAISLEYS' right to purchase from OAKWAY the Area 5, 6, 7, 8 as described in Exhibit C. PAISLEY and OAKWAY hereby further agree that the rights of PAISLEY to purchase Area 5, 6, 7, 8 as described in Exhibit C shall not be assigned to any persons or 7 - DEVELOPMENT AND EASEMENT AGREEMENT entities without the prior written consent of OAKWAY GOLF, INC., which consent to assignment can be withheld for any reason, and further provided that in the event of consent being granted by OAKWAY to such an assignment, any such assignee shall first agree to be bound by all of the terms and provisions of this Development and Easement Agreement. The aforementioned purchase price based upon a per square foot price of Three Dollars and 37/100 ($3.37) shall remain in effect for a period of four years from the closing of the Lot 14 real estate transaction. Thereafter, if the vacation of said County Road 221 is not completed, the price to be paid by PAISLEY or it's grantees or assigns, to OAKWAY for said above- described portion of County Road 221 shall be the fair market value as agreed upon by the parties or their assigns, and in the event the parties or their assigns cannot agree upon the per square foot price to be paid by PAISLEY, the issue shall be arbitrated pursuant to Section 15. 7. PAISLEY acknowledges to OAKWAY that, PAISLEY is aware of the fact that the City of Springfield and other governmental agencies, and/or OAKWAY GOLF, INC. may in the future in regard to the development of the JP Hammer Industrial Park, be required to modify the present public access from Lots 14, 13 and 1 of the JP Hammer Industrial Park, and from Lots 1 and 2 of Block 1 of the Morrow Plat onto 42"d Street. PAISLEY and OAKWAY will cooperate and work with Olsen and Morris Engineers of Springfield, Oregon and the City of Springfield to develop and obtain public street improvement permits, public access agreements, joint access agreements, utility easements and possibly other types of agreements and easements which may be necessary or desirable so as to better provide access and utilities to various lots in the JP Hammer Industrial Park, and to Lots 1 and 2 of Block 1 of the Morrow Plat as shown in Exhibit C attached hereto. The final location of all such easements, and the final content of all such access agreements, public street improvement permits, utility easements and the location thereof are not known at the time of the execution of this Agreement by the parties. At the time of the execution of this Agreement, the possible location of the public access from Lots 13, 14 and 1 of the JP Hammer Industrial Park and Lots 1 and 2 of Block 1 of the Morrow Plat and other adjoining lots onto 42"d Street in the City of Springfield is depicted in Exhibit B. In addition, OAKWAY GOLF, INC. may need additional access points over and upon a portion of Lot 14 for access purposes to 42"d Street and for the convenient use of some or all of the lots of the JP Hammer Industrial Park. Pursuant to all of the terms and provisions of this Agreement, for a period of one year from the date of the execution of this Agreement by the parties, PAISLEY, LLC agrees to grant to OAKWAY GOLF, INC. all such easements, joint access agreements and public street improvement permits as are requested by any and all 8 - DEVELOPMENT AND EASEMENT AGREEMENT governmental agencies, including the City of Springfield, and as requested by OLSEN AND MORRIS ENGINEERS provided that the location of any access area will not be changed once the access area has been accepted by the City of Springfield. In addition, PAISLEY, LLC agrees to allow any utility companies to install underground utility facilities under a portion of Lot 19 and any portion of vacated County Road No. 221 as depicted as the Joint Access Easement Area of Exhibit B attached hereto and by this reference incorporated herein. The aforementioned installation rights of any utility company are not limited by any specific time restraints such as the above-described one year period set forth above. PAISLEY and OAKWAY agree that the costs of constructing and maintaining any such additional joint access points on 92"d Street, and all such utility easements shall be shared based upon agreement of the parties owning the various parcels of real property benefitted or burdened by the aforementioned easements or agreements. In the event that the parties cannot agree on the costs of construction or maintenance of any such improvements, easements or access points, then the parties shall arbitrate any such disputes or disagreements pursuant to the terms of this Agreement based upon the benefits or burdens of the various parties owning or having rights in regard to the aforementioned easements or agreements. PAISLEY, LLC and its successors and assigns and OAKWAY GOLF, INC. and it's assigns hereby agree to dedicate to the City of Springfield, and to any necessary utility providers all such easements, roadways and improvements and undertake and agree to all such necessary related obligations pursuant to any joint access agreements and easement agreements as are required by the City of Springfield or any such utility providers. Prior to closing PAISLEY and OREN R. POSNER have reviewed all of the engineering drawings and specifications regarding the revision of the public access improvements and location of possible easements in the area of 42ntl Street as described in Exhibit C. The parties agree that any and all utilities which may be in the future installed in the access area near 42 Id Street, shall be installed underground so that there are no utility facilities located or protruding above ground level. 8. In consideration of all of the obligations, covenants, and conditions to be performed by PAISLEY, LLC, and the guarantees executed by OREN R. POSNER and SUSAN C. POSNER, OAKWAY GOLF, INC. does hereby agree to convey to PAISLEY, LLC Lot 19 of the JP Hammer Industrial Park as described in Exhibit 1 attached hereto for the purchase price of Four Hundred Twenty Two Thousand One Hundred Nine Dollars and 35/100 ($922,109.35), which purchase price shall be paid in full at closing by PAISLEY, LLC to OAKWAY GOLF, INC. The parties to this Agreement hereby agree that this 9 - DEVELOPMENT AND EASEMENT AGREEMENT Development and Easement Agreement shall be recorded by Cascade Escrow in the Department of Deeds and Records of Lane County, Oregon prior to the recording of a Warranty Deed conveying title of Lot 14 to PAISLEY, LLC from OAKWAY GOLF, INC. 10. No waiver by any of the parties to this Agreement of any provision or breach hereof, shall be deemed a waiver of any other provisions or of any subsequent breach by any party of the same or any other provisions of this Agreement. The consent or approval of any act by any party shall not be deemed to render unnecessary the obtaining of any party's consent or approval of any subsequent act. No remedy or election hereunder shall be deemed exclusive, but shall whenever possible, be cumulative with all other remedies at law or in equity. 11. This Agreement and the performance hereunder shall be governed by the laws of the State of Oregon. All parties agree that jurisdiction and venue regarding all matters pertaining to this Agreement shall be in the Circuit Court of the State of Oregon for Lane County. 12. Subject to the provisions of Section 15 regarding arbitration, if any party brings an action or civil claim to recover any sum due or for any breach or any term or provision of this Agreement, and such party obtains a judgment, decree, provisional process or injunction in its favor in regard to any matter pertaining to this Agreement, then the court shall award to such prevailing party its reasonable costs and reasonable attorney fees, specifically including reasonable attorney fees incurred in connection with any hearings, trials, and any appeals (whether or not taxable as such by law). The term attorney's fees as used in this Section, also includes all attorney's fees and expenses of every type and kind in pursuing, defending, or litigating issues peculiar to federal bankruptcy law including, without limitations, efforts to obtain a release from an automatic stay or to modify an automatic stay or to enforce a party's rights in any bankruptcy proceeding. 13. Any notice required to be given to either party shall be sent by Certified or Registered Mail, postage prepaid or delivered personally to that party. If notice is mailed in accordance with the terms of this Agreement, receipt of such notice shall be presumed 48 hours after mailing. Notices to each party shall be sent to the following address, or such address as either party shall from time to time provide the other party. 10 - DEVELOPMENT AND EASEMENT AGREEMENT Notices to OAKWAY GOLF, INC. and JOHN P. HAMMER PO Box 2266 Eugene, OR 97402 with copy to Fred A. A. Divita attorney at law, 1147 High Street, Eugene, Oregon 97401 Notices to PAISLEY, LLC and POSNERS Mr. Oren Posner Paisley, LLC PO Box 1431 Eugene, OR 97440 with a copy to Kelly R. Beckley, 1257 High Street, Suite 2, Eugene, Oregon 97401. 14. Should any provision of this Agreement be or become invalid, void, illegal or not enforceable, it shall be considered separate and severable from the Agreement and the remaining provisions shall remain in force and be binding upon the parties hereto as though such provision had not been included. 15. If any dispute arises between any of the parties, then all such disputes shall be first arbitrated in Lane County, Oregon provided that the remedies sought by all parties in such dispute are capable of being issued by an arbitrator pursuant to Oregon law and the terms of this Agreement. If any such dispute involves the request by a party of a remedy not capable of being decided by arbitration, then any such party seeking the resolution of a dispute by the issuance of a remedy which cannot be issued by an arbitrator may immediately proceed to commence an action in the Circuit Court of the State of Oregon for Lane County without first submitting any such dispute to arbitration. Any party may request arbitration, and all parties shall attempt to select a jointly approved arbitrator who is an independent real estate appraiser, attorney or commercial real estate broker having knowledge regarding the performance of commercial real estate agreements in Lane County, Oregon. In the event that the parties are unable to agree on the identity of an arbitrator within ten (10) days of written notice by one party to the other party of said party's desire to arbitrate a disputed matter, then OAKWAY and PAISLEY shall each select an arbitrator with such qualifications, and the two arbitrators shall select a third arbitrator. If the choice of the second or third arbitrator is not made within ten (10) days of the selection of the prior arbitrator, then either OAKWAY or 11 - DEVELOPMENT AND EASEMENT AGREEMENT PAISLEY may apply to the presiding judge of the Circuit Court of the State of Oregon for Lane County to appoint additional arbitrators. The arbitration shall proceed according to the Oregon statutes governing arbitration, provided that the Oregon Rules of Civil Procedure regarding discovery shall apply to any such arbitration proceeding, and the award of the arbitrators shall have the effect therein provided, and either party shall have the right to have such arbitration award approved as a judgment, order or decree by a judge of the Circuit Court of the State of Oregon for Lane County, and thereafter said judgment, decree, or order may be docketed and thereafter immediately enforced by the prevailing party in regard to any such arbitration and judgment. The arbitration shall take place in Lane County, Oregon. The costs of the arbitration and the arbitrator's fees shall be equally shared by the parties, provided however that each party shall pay its own attorney's fees incurred in connection with the arbitration regardless of the outcome of the arbitration not withstanding anything set forth above in this Section 15, or in any other portion of this Agreement. Not withstanding any other provisions in this Agreement, in the event that any party to this Agreement reasonably believes that such party may suffer irreparable damage by reason of any claimed breach of this Agreement, then any such party may immediately apply to the Circuit Court of the State of Oregon for Lane County for anv remedy, including provisional process as may be available to said party pursuant to Oregon law without first submitting any such dispute to arbitration. 16. Should any provision of this Agreement require judicial interpretation, the parties hereto agree that the court interpreting or construing the same shall not apply a presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be more strictly construed against the party who itself or through its agents prepared this Agreement, it being agreed that all parties and their attorneys have participated in the negotiation and review of the contents of this Agreement prior to the execution of the Agreement by the parties hereto. 17. All of the obligations of OAKWAY GOLF, INC. as set forth in this Agreement are hereby personally guaranteed by JOHN P. HAMMER. PAISLEY, LLC shall not be first required to proceed against OAKWAY GOLF, INC. before proceeding against JOHN P. HAMMER. This guarantee shall not be released by any extension or modification of this Agreement, nor by any other act of OAKWAY GOLF, INC. or PAISLEY, LLC which might, except for this language, be cause for release of this guarantee. The personal guarantee of JOHN P. HAMMER as set forth herein shall expire on the first day of October, 2012, unless litigation has been instituted and is still 12 - DEVELOPMENT AND EASEMENT AGREEMENT pending on said date to enforce the guarantee of JOHN P. HAMMER in which case the term of said guarantee shall extend until any such litigation is completed. 18. All of the obligations of PAISLEY, LLC as set forth in this Agreement are hereby each personally guaranteed by OREN R. POSNER and SUSAN C. POSNER. OAKWAY GOLF, INC. shall not be first required to proceed against PAISLEY, LLC before proceeding against OREN R. POSNER and/or SUSAN C. POSNER. The aforementioned Personal Guaranties of OREN R. POSNER and SUSAN C. POSNER shall not be released by any extension or modification of this Agreement, nor by any other act of OAKWAY GOLF, INC. or PAISLEY, LLC which might, except for this language, be cause for release of this guarantee. The personal guarantees of OREN R. POSNER and SUSAN C. POSNER as set forth herein shall expire on the first day of October, 2012 unless litigation has been instituted and is still pending on said date to enforce the guarantees of OREN R. POSNER and SUSAN C. POSNER, in which case the term of said guarantees shall extend until any such litigation is completed. 19. This Agreement shall be binding upon the heirs, assigns, successors and any and all future purchasers of Lot 14 and Lot 2 of the JP Hammer Industrial Park. 20. PAISLEY, LLC shall have no right to assign any of it's rights, obligations or duties under this Agreement, nor shall PAISLEY, LLC shall have any right to sell or assign any interest in Lot 19 or Lot 2 of the JP Hammer Industrial Park until all of the terms and provisions of this Agreement are performed in full by PAISLEY, LLC without the prior written consent of OAKWAY GOLF, INC., which consent shall not be unreasonably withheld, and in the event that OAKWAY consents to any such assignment or transfer of an interest in Lot 19 or Lot 2, any such assignee or transferees, or subsequent purchaser of Lot 19 or Lot 2 shall first enter into an easement and development agreement with OAKWAY GOLF, INC. similar to all of the terms and provisions of this Agreement, including such personal guaranties as shall be required by OAKWAY GOLF INC. 21. OAKWAY GOLF, INC., PAISLEY, LLC, OREN R. POSNER, SUSAN C. POSNER and JOHN P. HAMMER each hereby agree and acknowledge that time is strictly of the essence with respect to each and every term, condition, obligation and provision of this Agreement. 22. All of the parties to this Agreement hereby agree that all of the terms and provisions of this Agreement shall be specifically enforceable by any party to this Agreement in the Circuit Court of the State of Oregon for Lane County in addition to any other remedy of any party to this Agreement. In addition, any 13 - DEVELOPMENT AND EASEMENT AGREEMENT party to this Agreement shall be entitled to exercise all provisional remedies and to apply for any restraining orders, injunctions, and decrees of the court which may be necessary to specifically enforce the terms and provisions of this Agreement. 23. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF THE 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 AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. 24. At such time as PAISLEY has completed all of it's obligations to provide easements to OAKWAY, OAKWAY will execute any document necessary in recordable form so as to provide public notice that PAISLEY has performed all of it's easement obligations in regard to this Agreement, provided that PAISLEY shall continue to have obligations to OAKWAY as set forth in paragraph 6 regarding the vacation of County Road No. 221. DATED this d .tkday of 2002. liabi 99 an Ore4cR limited e. OSNER. member DATED this 6 day of 2002 OREN R. POSHER, individually _. DATED this 011.�v day of 2002 L SUSAN P SNER, individually 14 - DEVELOPMENT AND EASEMENT MENT STATE OF OREGON ) ) ss: County of Lane ) This Agreement was acknowledged before me a Notary Public for 0 the State of Oregon on the Zk day of c4,yJ� , 2002 by OREN SLEY, LLC as the authorized act of PAISLEY, OFFICIAL SEgL HELEN BNENT — NOTARY PUBLIC -OREGON q COMMISSION N0. 327200 /� `"/� T rmMrnlssmN E%PIREs ocioBEA IZ 2003 Notary Public for Oregon My Commission Expires: %G -1'7'03 STATE OF OREGON ) as: County of Lane ) This Agreement was acknowledged before me a Notary Public for the State of Oregon on the S-�— day of N0\Je 1be.( , 2002 by SUSAN C. POSNER member of PAISLEY,LLC as e authorized act of PAISLEY, LLC. OFFICIAL SEAL HELEN BRENT NOTARY PUBLIC - OREGON Notary Public for Oregon COMMISSION N0, 327200 My Commission Expires: /c �* OMl COMMISSIONER%RES OOIOBER17,2003 STATE OF OREGON ) ) ss: County of Lane ) This Agreement was acknowledge before me a Notary Public for the State of Oregon on this day of K)C�,eAY$er! , 2002 by OREN R. POSNER individually as his authorized act and agreement. � 9' __ -- OFFICIAL SEAL Notary Public for Oregon HELEN IC My Commission Expires: lo-r�7-63 NOTARY PUBLIC -OREGON COMMISSION NO. 327200 NYCOMMISSION UPIRES OMUM 17.2M3 15 — DEVELOPMENT AND EASEMENT AGREEMENT STATE OF OREGON ) ) as: County of Lane ) This Agreement was acknowledge before me a Notary Public for the State of Oregon on this c�- day of NCPJfWt>e- K , 2002 by SUSAN C. POSNER individually as her authorized act and agreement. SE AI Y EIB dK; ir7 Notary Public for Oregon r C 1NSFIOI j0O e71100N My Commission Expires: MYCO INWION DIKES 0 T 0E61i 20,3 {' (� h DATED this day of 0/ 2002. OAKWAY GOLF, INC., an Oregon corporation Sy _ JOHN HAMMER, President STATE OF OREGON ) ss: County of Lane ) This Agreement was acknowledgebefo e me Notary Public for the State of Oregon on this 7()' -day of ;, 2002 by JOHN P. HAMMER, President of OAKWAY GOLF, INC. as the authorized act and agreement of OAKWAY GOLF, INC. an Oregon corporation. Notary Public for Oregon OFFICIALseAL My Commission Expires: Lo— TARP G LIC -GREG NOTARY OLIPOAEGON COMMISSION NO. 360490 MYCOMMISSIONEVIIHESWGOST20,2006 16 - DEVELOPMENT AND EASEMENT AGREEMENT DATED this —7 day of ' OM2 2002. JO P. HAMMER, in ividually STATE OF OREGON ) ss: County of Lane This Agreement was acknowledge before me a No ary Public for the State of Oregon on this '7,0�-day of 2002 by JOHN P. HAMMER individually as his authorized act and agreement. Notary Public for Ore on �j L My Commission Expires: K bf OFFICIAL SEAL MARI G OLIPHANT .aaz NOTARY PUBLIC -OREGON "s /' COMMISSION NO.S00490 MYC96�MIGSION E%PIAE3AUGUST202006 17 — DEVELOPMENT AND EASEMENT AGREEMENT Our Nc CT -212625 Page: 5 t 3 't PROPERTY DESCRIPTION 1 't Lot 14 of S.P. RAMMER TUOUSSRiAL PARK, ao p"rted and recorded on April 17,, 2002, Recorder's Receccica No. 2002-0301222, in Lane County Oregon Oeed Records, in Springfield, Lane CounCy, Oregon. E'H131' ,A PAGE 0 A I� l� I � l� l j i �� Il l � � yak r��� �'�� i % � /� �ySQ /, � / �' i �� � �\ // i �\ �_ � � / � / �' � � i � / i En'i?^ii � � �$ (nuE Y Xff.'r B J:c ' J.P, HAMMER INDUSTRIAL PARK RRA Of LCIS 1-12 112. LM S k 6 213, I IST ADOMON TO AOALs mx . W 1/4 SCMW n. Y 1/4 slams X 1R 1/4 sccmw 31. w 1/4 strop 1'l. 'MFA =01MW.Z 9w1. a1 }sofas CN NL mxa o T. 17 t s W W. a. neon ADM= 10 A wale xw-or-aa. 5 , m LAW W06jamr'. aR�7�. . . i suarcLrm o�/ae/oz so' mr3rmti LOT 3 eam' WP FORaOWWM FCA I i A -C v iA� �_t 1 IaluC 1ACCOF ,c I m1� m FT 1 w�xirc .! TRACT A 7GPr aLE 97AL 1xi 'a�mm COY40N _ AREA) &to1 m I � ]AIC m FT I mlyply An'1S GKOEC ' m RMC C9R Afao+ar lla � �� rm k e� ' � _ �IYfU7 4aw �� �.� ` gimp. I4 —Siin^T \a Mir 4fa6? tl 9 i. LOT 14 7 - so 9 d4E ran LOT 11 �u LAT 12 � s S - Plum wam 'Jon n �- see amalr � cAvinr a=�P� 1. r1vm,' u. I .1 a MUL a LOT 13 F I �p �a K ,� IOM Wpl6tl 91� �/ !'CtM RlllolO 7K „-p 7�D Iiii� .41L 'i- ILr i 'JLi-Ag V T-^ PROPERTY DESCRIPTIONS FOR JOHN H.AIKMER (50.00 foot portion of Lor 2, J P. H »�cr l.+dustrral Par751 - Beginning at the Southwest Corner of Lot 14 of J. P. HA IINMR, WDUSTRS L PARK, s.s platted and recorded oa .gpril 17, 2002, Recorder's Rsee,man No 2002-030122, Lane County Oregon Deed Records; con them along the Westerly boundary of said Lot North S' 36'00" East 312.1 I feet; thence North 27' 20'34" West 44.53 feet to a point on the Southerly right of way of Industria{ Avenuc; thence leaving said Lot line and running along said Southerly right of way along the arc of &535.00 foot radius curve to the right, the long chord of which bears South 69' 59'30" Wcst 28.59 fecq thence leaving said right ofway SouvS 5- 36' 00" Wcst 337.12 feet; thence South 84' 24' 00" Past 50.00 feet to the Place of Begi^ in Springf eld, Lane Cours Oregon. Said. parcel coutains 16,859 square fry et, more or less. EXHIBIT PAGE / q i :/G r LdT.� 1, SEDID ABRI r%TRACT A Cj`. ;o77,Ac 41 3727 C l COMMON AREA iN - 135,1 5"`� r � IN, -. NAS F� E) 1`4 �iACRES �6 S© \ �. ny ACCESS! `' 3.,PRNATE-100`.1L1,- PENT, = v J01��lTff-ACCESS M 7� � -EXISTING � -' 18.60 � LOT � A6QA9 LOT UNE` EFFLUENT '� ' 2000pU.E Y ti_.., S92Q 1.22 ACRES; _ �.. - 53,273 SQ. FT I LOT --'FC '� $ 53.62` - �� e2 EX DRP o� 88 ACRES' / a 1 ?}5,255 50 ' T OT '2 — i2 ACRES So -_ -� _ B77.TY3'�_.-. ONNECT TO— \30 ao SQ ',F14� _ - EX PI LOT j ___ -8 wW -... < a ori - 2228, 5.07 ACRES 220 700 SO FT EXISTINGBUILDING oo' N PRESENT USE OF "' TO REMAIN ` Jj EXISTING BUILDING. z ' ---- $ o WAREHOUSE (LEASED a BT WEYERHAEUSER),' LanCounty Clark2016-062613 Lanee nty CouDeads ds and Records III 111111111111111111111111111111111111111111111 $52.00 01608512201600526030010020 RPlil Cntel StillCnS10/2402016 10:26:13 QA $10.00 $10.00 $11.00 $21.00 Notice of Operations and Maintenance Agreement Private Storiummor k1mr,emenl and Treatment System The undersignedon er(s). is hereby give notice that moral mnwiffrom the "Property" described below requires ilonmvater mmmgunenl facilities to be located, desinned and cam oraud at compliance widrtbe City of Springfield's Engineering Design toad o-rdmus ,Unmet. Said facilities shall be tip... d and maintained in ...normae withthe Opaazlons Old Maimens— Agreevtenl (O&M Agreement on file with the City of Sprhtgridd, Development and Public Works Department. ACR Properties LLC _ (Property Owner/Developer) acknowledges and agrees tatmmull privets mor retreatment failltles listed In this document_The maintenance of the slormwater facilities listed in this document isrequiredas part ofthe Development Agreement with the City of Springfield. This facility will be operated and maintained in accordance with the requirements slated in this document and in lite latwl edition of@e City of Sprin¢Deld Gnglm�erLrg Oesign.Sfandor ds cad Prrrcedures A{unvn( Chetner1. The City reserves the right to eater and inspect any slor water facility located on the'Y'mpcny''to otmm tlm facilities are operating asdesigned. Failure efthe responsible party to inspect and maintain the facilities can result In an adverse impart to the public stormwaler system and the quality orrecaving artery The requieniontto operate and maintain the stermwamr lmalotanl facilities in accordance withthe approved site development agreement and the site O&M Agreement is bloding on tall correct and future ownem or be property_ The Agreement and its O&M Plan now be modified under written consent of new owners with written appmv¢I by and re.nnl ing with the City I he 01 Agreement and O&M Plan for fnciliti.......moted par an to this notice am available at the Development and Public Works Depainnenq 225 Fifth St, Springtieltl Oregon, orcall g411-93dd]53, between the hours of S a.m. and 5 p, — \lead, Wroagb friday. The Subject priariser. islegally described as follows: pm m"emol e".'e, a..cd ro e<.....naea..r iLegAes>raryroa..�.m& rrhmm, Pro, de worm ammo S Jpcel SEE EXHIBIT "A^ ATT OUND By signing below, the algae accepts and agrees to the terms and conditions contained in the Operations and Maintenance Plan and in any documents attached- This instrument is intended to be binding upon the parties herein, their heirs. ...asses, and assigns ,, In Witness whctsot; the undersigned has executed this instrument on this ,JFWay of L� .20i q. Ownmlap ` Slguatutc ^J.dK. '�l/✓I/H-fi �li PiM Print'lame t�Q YL01C CJI V I Si ell E OF OREGON, County of Lane -o fin dll 'I his instrument as acknowledged before mo this o day of 20/1, py �705",-�ccA��'11 a ams. fire above described promise. �`// 3 q a rv. ubllo Por or� ' be ISSdon exvitce ORIM RMR L"MI1mm� Te eonv tNl$LR;-MHDR Aft, Recarcliu Return To : g :obMlssmx 1987156 Ols.n&il.ats WCOaRIS51RIpgA64WMBII, 809 86412 Street Spdmgileld. Olt YI497 Appendix3A-1 R1101 26116 Page IofI 6DSP Adopled December 03, 2012 EXHIBIT "A" PROPERTY DESCRIPTION Lot 2 of J.P. HAMMER INDUSTRIAL PARK, AS PLATTED AND RECORDED ON April 17, 2002, Recorders Reception No. 2002-030122, in Lane County Oregon Deed Records: EXCEPT: Beginning at the Southwest Corner of Lot 14 of said J.P. HAMMER INDUSTRIAL PARK and run thence along the Westerly Boundary of said Lot 14 North 5° 36'00" East 312.11 feet; thence North 27' 20'34" West 44.53 feet to a point on the Southerly right of way of Industrial Avenue; thence leaving said Lot Line and running along said Southerly right of way on the arc of a 535.00 foot radius curve to the right, the long chord of which bears South 69° 59' 3W West 28.59 feet; thence leaving said right of way South 5' 36' 00" West 337.12 feet; thence South 84° 24' 00" East 50.00 feet to the Place of Beginning, in Springfield, Lane County, Oregon. PUBLIC WATER UTILITY EASEMENT LaneCounty Clerk 2016.058928 Lane County Deeds and Records y IIIIIIII IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIII $47.00 01615806201600589280010015 11/2912016 214:40 BM RPR-ESRT Cnt=1 Stn=15 CASHIER 01 $5.00 $10.00 $11.00 $21.00 KNOW ALL BY THESE PRESENTS, but ACK PROPERTIES, I.I.C. is the owner of the following described property undersigned and they hereby grand unto the Cil- of Springfield, a monieipal corporation, acting by and through its SPRINGFIELD UTILITY BOARD, and unto its succce,crs and assigns,aperpctu it co Sement along with the rights enter upon the Imtds of the undersigned situated in the City of Springfield, State of Oregon, and more particularly described as follows: Commencing for reference at the northwest comer of Lot2 off V_ I hammer Industrial Park, as platted and scooted nn Clerk's Recepdun Number 2002-638122, Lane County Deeds and 1w-uh, Lane County, OregoicI' house. along the North boundary afraid Lot 2, South 84°24'00" Fart 79 68 feet to a point, Thence, leaving said North boundary, South 5°36'00' West 10.00 feet to the TRUE POINT OF BEGINNINO; Thence Soutiv`36'00' West 10 00 feet to a Fort South 0.24'00" Lost 34 feet to a point, Thence 2054 feet along the urs of a 555.00 foot radius curve teR the long chard of.vndi bears South 85`2736" East 21.54 Ger to n point;Thence, North Yea '47' East 10.00feetmapoint, Thence. 21.1]feel alonga545,00 fou rudhrs curve right the long U it of winch bears North 85°2736' West 21.17 feet to a polus, Thence North 84°24'00" West 3.34 feet w one TRUE POINT OF BEGINNING. And to construct, operate, maintain, and replace therein underground facilities including power and control lines and water pipelines. SUB shall havc a right to per maintain the underground facilities, and its agents and employees shall have the right o go upon said real property far the purpose of constructing, operating, maintaining. and repairing the underground facilities, to remove and replace fences, lawns, and trees to the extent necessary to construct, operate, maintain, and protect said lines and Facilities, provided SUB shall leave the real property in the same condition as before, excluding rc onable, fair wear and tear arising from such activities, No pall of any building containing sanitation facilities will be placed in the casement ¢rgas, other than povement. curbs, sidewalks, and driveway aprons, made with such materials as Grantor deems appropriate, without the express consent ofSUB. The undersigned wvenams that it is the owner of the above described property and that such property is free and clear of encumbrances and liens of whvtsoevor ehaoder except all covenants, conditions, restrictions, encumbrances, easements, and liens, if any, affecting title which appear in the public records, any Diffuse visible Front a physical examination ofthc property. The true and actual consideration for this Pavement is $-D-, IN WITNESS WHEREOF. the undersigned haslet"rand noisiest 20 16 STAT L OF OREGON ) u�rt COUNTY OF LAND. ) Roys/cue Divine, Member o£ACK Pmpe 1ec L.L.C. BE IT RFMEMBEKED that on the � day nfLHKL — 2014, before me. Ire undersigned, a Notary Public in and for the Stam of Oregon, Personally appeared the within named Roscoe Divine who is known to me ons being a member of said Ed, C. and he executed the within instrument on behalf of sand L.L.C. he executed the same freely and Vo notarily N W BSS i PJwc hereunto set my hand and notarial seal the day and year last above written s n N cry Public of Oregon L; 6 M emead riencxpires: 311/2011 WMMiA0N s,4 pJ)t56 6rIXMYRAtw,ommil, 2010 Springfield Ctility Board accepts this rvsem,ot. Signed— Greg Miller Director- Wader Division a:1PORFFAA6N!mnts-so- Wwv ualIt, wvvnv"n-1-coves"aAon "17011 N '10 T BOAP-D SPRAltoJE. U71e / '201 S 18th 5PR,k/GPELD,0R 1747» AFTER REWROING RETURN TO - C93Cg0E MEC ay, 'GLI WILLAMETTE SI, EUGENE, OR 97401 O510-1-I`9 9 2 IZ al— RECORDATION IiEQUESTE8 BY: SELCO community Credit Vnion Dommemul & Ouslneas BanMInR. Bears.,S35 Harlow Road. Suite 220 $PrinefieTo OR 87477 WHEN RECORDED MAIL TO: SELCO community credit Union Commnch" to..l ed... aantine- Gross, 9 Harlow Road. Son. no Sprinaon.1i no 91477 Lane County Clerk 2016.059146 Lane, County Dead. aM Records IIIIIIIIill IIIIM111IIIIIIIIIIIIII1111IIIlE $102.00 016116614201600597480080084 1210112016 12:55:12 PM RPR -DTR Cnt_1 Store CASHIER 11 $40.00 $20.00 $10.00 $11.00 $21.97 LINE OF CREDIT INSTRUMENT iLINE OF CREDIT DEED OF TRUST. LAI This Deed of Trust Is a LINE OF CREDIT INSTRUMENT. IGT The maximum principal amount In be aavansetl pveream m the Nate Is 91 ?S3.7511 ICI The term of fie Dole cpmmanc a on ibe date of tolls Card I Trust and endo on August 6, 2OIT. IG] The va agreed maximum atical somicall 'a improvements madmthe Realyds, a 1,, Note mey Is a—adaa by advances neeeesary ro complete vane rvcnon o THIS DEED OF TRUST is dated November 17, 2016, among ACP Properties. LLC., an Oregon Limited Liability Company whose address is 555 Lincoln St.. Eugene, OR 97401 and LULU, LLC, an Oregon Limited Liability Company, whose address is 545 Oonger St., Eugene, OR 974021"Grantor"); SELOO Community Credit Union, whose address is Commelnial & Business Banking- Gateway, 925 Harlow Road Suite 220, Springfield, OR 97477 (referred to below atm mimes as "Lender' and sometimes as "Beneficiary"): and Cascade THIS Company, whose atltlress is 811 Willamette , Eugene, OR 97401 (referred to be. as "Trustee"). Cone.... a. and Grant. For valued$ mneldemtim. Sao... ad in at. Nota used November IL 2016, in tae o iginel principal amount of 51,333.750.97, from Borrower to Lend- Grantor convey. +o Tnstee mi me benefit of Lander ae eamupon, ell of .oder'$ dgdr tide, end obstetric be to In. tollswing coedited real reopen, yormor air, all em3tlng or mbaaquently emamtl or hod buonfirr s. Impmvamenty be flxNreer or oesemenU, "In" of way, and appornmenrys, in wateo water r'gMs end abcol rights Ilndudm, stock In ulilInce wIN day o r alian rIgl on ane ell o,,or rights r nv, and amps rola " he r property, cWtling whnow n an minerals Irl g Tax, goonarms ado amllar moved, (the "keel Property'loocated Lene County, State of Oregon: Lot 2 of HAMMER INDUSTRIAL PARK, as platted and recorded on April 17, 2002, Reception No. 2002-030122, Lane County Deeds and Records, in Lane County, Oregon. EXCEPT: Beginning at the Southwest corner of Lot 14 of said HAMMER INDUSTRIAL PARK and run thence along the Westerly boundary of said Lot North 50 36' 00" East 312.11 feet; thence North 270 20' 34" West 44.53 feet to a point on the Southerly right of way Of Industrial Avenue; thence leaving said Lot line and running along said Southerly right of way along the are of a 535.00 foot radius curve to the right, the long chord of which bears South 69- 59' 30" West 28.59; thence leaving said right of way South So 36' 00" West 337.12 feet; thence South 840 24' 00" East 50.00 feet to the place of beginning, in Springfield, in Lane County, Oregon. The Real Properly cer its address is commonly known as 4107 industrial Avenue, Springfield, OR 97478. The Real Property tar identification number is 1688678. Gas,,., prcacmp..,add to Lender lake knows oe Gonduiary m this Deed of Trust) all of Moor ra is M1ta tentire er a umlmm na an' to all preset and froom leases m me Properly old . Honls from me Propend 1 Code aecuNy Imaast an let Pat ... al Pmperry and Rents - THIS DEED OF THUST. NCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS ANn PERSONAL PROPERTYIS GIVEN To SECURE (11 PAYMENT OF THE INDEBTEDNESS AND Gel PERFORMANCE OF ANY AND ALL..LIGATIONS , URGED RENTS AND PERSONAL PROPERTY., IS ALSO GIVEN TO SECURE NG THE J E ANY AND ALL OF BORROWED B OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE SHALL AT.. A OF DEFAULT UNDER THIS D EON LOAN D.1 TRUST T HIS DEED OF TRUSTANY OF THE EIS GIVEN AND ACCEPTED ON THE FOLL.W NG ERM3 E AN EVENT Grmtori R.prmenoaYom end WamarMea. Grantor youlmove IhaC lel tolls Deet of Tmsr Is axaoutec at Boroweis request and not et the longest of Lerl NI barren has too lull powe4 lour am] authority as ar entlnm no, dead or Trust end to hypothecate tole Property P) the prograns of ,is Oeed at Tort do not San tll,, wen, or rosin, in a Isfault under any agreement or other AlI binding upon Grantor end dI me result In a vlofaten of an, law, S rcai -no decree or ogler sandier to Granton lel Gool psorters, r egamo m ans of obtaining Ire, Bommerm on a continuing basis Information about Borrower's tlnanoiel ids icon; and lot Lender has made no redr asenlethim to Grantor about Borrower lliencng in, Ilmltalion Me creNMorthinaas of Bormwcl. or 'a amna- .rentor waHea all N "this or defense ..md g by reason of any "O acdes, or "anflholder, law, or any Iter renwhwich may p $+out Lender firms,firms,Intro ng any action aqa nst Grantor including claim for delitiody to the exoeno Le no-' Is other" as entitled C. a clam far carbon, before or biter Lender's commencement or mmpletlon of any Eco la a me clear either judiciary or by doess, of a power of "Is nv role moa of Trust 11 'alone' adadoeand Bortow�re and Gra for shall perforComes, fIrP,p..t,,e moxa tions) lade ache pod, told Dead If Trust ,If to hadfail Docamomg. uniform cnmmcrclel coda s. +Dead .canons neve been trupmtl by mo Stateof The poach at Sections 9 324 and 2AA0e of me ,inclusion end Mai.cdLc. of obe inches Borrower and Grantor agree that for-wal send Grant,, a possessor end use of the Property shall be governed by the following or,, nansa Possession and Use. Vnbl 'be occur 1111 of an Cvem of Uofaultr limner may lel remain In poser— ,,it comrol 01 In. and al the Rest, from PropertThe LVIcho to he o of the Proopory or m other tine moon the Propenyl BEFORE ANNINGaT Property 'of fairle no manageNE ACCIPNG THIS rI NSTRUMENTr IT E PERSON TRANSFERRING FEE TITLE SHWLD INQUIRE ARGOT THE "PENN'G NIGHTS. IF ANY, UNDER CHS 196.31C, DEED OF TRUST Loan No; 71 (Continued) Page 2 reacted AND 195.305 TO 195.335 AND SECTIONS 5 TO 11 CHAPTER 426. OREGON LAWS 2101, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAIV5 2019, AND SECTIONS 2 TO ]. CHARER R, OREGON LAWS 2110. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY OESCHIBED IN ITS INSTRUMENI IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACGUIRING FEE TITLE TC ITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE C UNIT OF LAND BEING TRANSFERRED IS A LAWFVI LY ESTA RLIS H ED LOT OR PARCEL, AS DEFINED IN ORS 92 010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL. TO DEI ERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING DR FOREST PRACTICES, A5 DEFINED IN ORS 30930, ANO TO INOUIXE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER PER 195.300, 195.301 ANO 195.315 TO 195.331 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS Vol SECTIONS 2 TO 8 AND 11, CHAPTER R55, OREGON IA W$ 2009. AND SECTIONS 2 TO ]. CHAPTER 8, OREGON LAWS 201 D. Our, tO Mairman. Proctor shall maintain the Pmarty In lenontable condition antl pmmpily pe aorto ell regal rs, replaw mantra and ry tc local—I" volar. Complimee¢WYto M1 Envrmnmemel Laws- Grantor revraeo t% and warrants to Le odor mat'. lel Curl, the peace of Damon, ownership of the Pmpe rty, there 11¢s been no use, gen acetic n, m nufac woe, sIDmge, trashed" SsDied, ole ase Or Nremenetl rnel sae of any Hazardous Substance by ery person on, antl Tn .bout or from [rte Property; Ibl Gre ntor Fas rte koa wletlga o1, or to behave that tM1ere Is, boon, doodur as Previously Jrs cloves to antl eck nowise gad by Le neer In wdrin g. 111 any fonech reason vloladon of any Envlronmenlel Laws, IIII any Iso, a hostion, muchadea e, storage, I 1 drsposal, rebase o Ihrumured release et any level ua Subslanae on, Inde' about or firm the Pmpm[Y by any Prlm o nets er occupants aline Property, Or bill any eotuol or threatened branden or [alma of any kind by any penon relefing TO ..IF mrntrw r, and P) Except ea prwiously genteel to Old Acknowledged by Lentler In writing, 111 neither Grantor or any tenant coVaeto, egi or older ool-aed over of the Property shell use, geoomte, ace—lamwo e, stare, tom, Coleco, Ot or release any Hozandue Smatanca on. urnder, about or from mo Proper..; and IIII ant such eptly lty open be conducted m mmpk.nce with all appueabm fodam6 staff. and ine laws, regul¢nare antl ordmancea, including wlmout Thatenall on Envbt onmo¢I Lawe c . Granter autno,a,a Leader dna its agents to enter upon the Propeny m make such inspections an' lever, at Gramor s ezpense, as Leader may room ap ri.I ime to tle[ennlne rotoelle nee of the Propetly with this section of the Dead of Trust Any Inspe nouns or east, made by Land -shall be fm Lenders ,me... omy antl shall not be wnsVuad to creat, any reaMnalbRlty or f ldilV on the part or Lentler t0 Gmntor or to any .,her parva n. IDs raddrntedons and nornmev dentelned hens, are blood on Director's In. Colles be. l n lmestlgatlng oda Property for HeEarticua E.Imanoes. Grantor hereby lel release, and waives any mor, deimv a elnA Ll neer IDr intlelnsty or contribution In th, event Grantor becomes Belle mr Calcul or other cools under any , uM laws, antl 151 agrees to Intlem oily, Oofa n J, and Fold berMees tracer eg sin st any, and all helms, Idoody liabilities, damages, penalties, and IIIOCA wnlca Cancer may directly or lndlrectly sustain or autfm toe' lingfrom a breach at pro aactiion of ibe Deetl A met or ae eve ossa uence of airy m e, gupe alimor manufacture, storage, tlshaanl, noes, or tnromaned above otic ur dn9 prior to Gander ownership Or interest othe Pm pert Y. whether or nI Iha se me wm OCTshould nave been known to Grantor. Tha pmol clone of tis socelon of the Deed of Tryst nelutling site obllgafion mintlamnity anlater' shall sumve t, payment of t To l ntleh lednesa and 'be saHa.Pr.. anJ paradme of the ,,a of 1Me Goal of Local eM shall not be Thermal by London dequi.neion of any Interest In fee Pmperq, "other by foreclosure Cr crowis e. Nuisomid, Warm. Grantor shall net coca, c,ntlum Or permit any nulaenee n,r commit, permL o suffer any stripping of or an or in the Pm pe nV m arty poni,n of the Property . Without limiting to g,n er softy cf Ina tangoing, Groone TO 11111 not R, error io anyother party to LII to ramow, en, timber, minanl%dnda he CIl antl gee, 110E dal, scone, TO, gravel ¢mock Spred acts without Carrier'8 prior—old, Cenaanl Removal of Improvement,. Proctor shall not Jendct d or remove enV Ito provemenra ham [rte Real Pm pony without Le nd ei % or or trach .foul As o ...title, a the removal of ant Imp rove m Dots LenJn moV taro uln PrznIDr to make arrangements ticteetarV m Le n der to replace such Improvement who Improvements of at least equal vbron Lmalla Right m Enter. Lender and Lenders adept, and representatives may enter lPon me Real Property at an gooraable tl to Lender's into reAs And to agent the ri Property for purposes of Grantor s mmpllenee with had terms and times oondimon stat This Card a1 Tru%l. Gcmpaallca with Gavernmemel R.gtlrt menu. Gr¢nmr art an promptly comply Wim an Iowa, lapel and regllleard, cow s nereahar In elf. til, of a119Overnm cote auto I Ii., nppllc able to the use or oc,upanry of the Property, including without limltaelo n. the Amerlmre W\M1 DIsa OW[las Act. Dire nitro may c, mesh In ga ori fait any aucd law, Coconut, cr regulation end .11ha ld oropl once Card, nnV or ceadiing, In Cludln9 appropriate ogle alv, vo long as Gamer ha% nad4etl Lentl er In writhe Panna doing TO and so long as, In Lenders ,ale opo clam Lacher a loherest In the Properly oro not leap rdev d. Turner may require Gmntor is loot ad squat security ora rural, bond reasonably satisfactory to Lar alt, proem Lender s interest all er ded, in ition Dull M1OSIPauto I Grander o a0avaagrees n neither -, which loos Thdon or I emencyped character o Of theProperty re re snably caoossavy to 1. poem aauto ntl pr-- the Property Co w c and as o are reasonably Comvuetlon Loan. If some Or nil of the proweda at I'd ICan tin aping the Ina peen ere to ae used m connruot or to of the action of any Improvement/ on the Property the Improvements sd ell be rem pleetl nO l...nhen In. mewhty eats the Note const bo such earlier date as Lentler may reasonably nsabbsdl dna Gmntor vhnll ley In full all cors t, and uUmneas in connector with to work. Tender will disburse loan Deetl of Trost sit Il herms and to have pr Oaty tllnoas over 11 p, nolNo lers,er may ��Iudingcthus, ably c f material .Csur- that to interest Lander by the her things, that dlsbuaemet red no sG be suppCtd by recelpred bills, supplle rs an workmen cLe neer maV req uin, among Sf esorebly ezpeI etedovlrI, poi of Dims, cionsriollon peg res, report, aand such other row mentflon a, Lentler may re Oae nn ,Tracer conamr By Lena -r. Lana,r mar, ah Lana.ra option, Jedare Immematly due and v.,,are an aunty secured by ,is Clea of cI Coon me arae or, malar wltnoct Lew,rs pant waIIm noncom, of TII nr any pats or IT Real Pmpe ro. or any Int -res n the Real Propeny. A "sale or transfer means the cenveyenc0 Of Real Property or any made IIII, m intre%t in IM1e Real Property; A M1etPr legal, bene Coal or agultable; w unary O Ito. comr, Father by oumeht sea, tlee4 lCsallment are Contract 'of' er deer, le esv hole Inlle ren with ate nn gm stet Than tMoenl3l yeem. Ie a sero ph 5n ea nV act ,r rty sale, a,signlsom contract, I,, Out or I ,refer of any banogdal Interval In or to any land inial holding title to the Rtial ProftinK ora, any ether method of oo meyance of an interest an he Reel Pnpary, However, this option shall not be exeelsetl bV Lebe.r Th such ezenbe lr pmgGdgw by for ... I law or by Oregon law. Taxes antl Laos,. The fmluwlng pnvielom retdng He in, ,,as and liens on the Property aro pan Cf this Deet Cl Trust'. Pey menta Grantor shall pe when due (end In all evmu vnm m do ad' ryl all tares, special taxes, a%sevsual thento Il n c luting watt antl ee w erL floes anJ lm pn+l[io na levietl og aloe IT on -e count el [de Property, arta shall per GM1en due ell dal ms Property fired Of of let n. having priad—milV Cor orm equal I, the interest to est oftr a turn Into Lender uncle this Dead of Too,' moepl for tthe°Ileo of lases and hancha moll% not Ju. and evapt re nlherwla¢ provided in This Dead of True. Right C.Lact. GrTnbr may wlmnda p,ym,nl of In, taxasrekenem, m deind m condemmn with a good four dispute over hho Dbl gallon tope y, so long as Len tlois in to rest in the Property a not lampartlh,d_ Ila Ilan girls as or Is filed as a resale of onpoym"', Granhm shall whhln 1Reaen 1151 Calc afar the lien a,,,as or, It a Ilan le filed, anhad fifteen 115) days utter a s Granter has nu of rhe filing, secure the discharge IF the lien, ,r 11 reg... led by Lender, deposit with Lantln corn or a stall ale nt w rpomtnd Old BrfewY bund err chs rg es than co ul0aa¢ro eY to as ages alt Ornder an ae foreclosure m salamount ly to under hM1a lien. In anyrrcontesny t, Grunter all,shall may,defend Itself and Le near and shall sebly any ad..rsa luogment beton enbrcmnent against the Property. Grantor shall blame Landerea on octal, no obegee unite,any surety bone furnished In The contest Pmceemn9,. Avis— If Payee nL otem0r sM1 a ll upon demlx` Earn IC Lender satler.ctory evltlance m pay front of to taxes or sea... menta and rh ell euthorze Ice do pre prat governmental official to deliver to Fallet any JTo a writtn s[etemarg of Ina DEED OF TRUST page 3 Loan No: ]i (Continued) axes and accommed, agalmsl tIS Proves, Nuffce nt Corelrvdian. Gren[or mall nalily Lender at least fifteen 051 days before any wink to vommyrow, any avrvlcea ora far aided am any m re aals are supplied to iha Placed, If any macnenlc ¢ Iren, mmerlelme, s lam, or other Ilan veal' be easertaa on account of the work services, of the do, ddes rantor will on ordered of lander Sol _di s thins. avy 1, �tlr Lender file emarwra, Ind will Ply ,retestIf im" lmprev.maOt, Lender furnish to Properly ...age lad umad.. Tho following provlaiona relating to Insuring the Property are apart of the Deed of Trust. Maintenance of Imuran.... Gramm shell pmain cury and mtain policies mum oY fire imunce with standard extdndotl mvarage entlorsemenls on a replacement basis far me NII ImsumM1le value .,vena, all Impmvemmb on IM1e Pail Property in ad amount ..),Idem to rvoiJ amandtlon of any c ,insurance ,lease, antl wl[n a stanJeutlfmongagae elm in favor Lender w y request weater alln all. procum and wormaln compohy— a general Iianity insurance a Govalge Trip too and Lender thing named as additional ...rota In such IlebTry btamand. 1.1pieam Additionally. Grantor shall hatimaln such other Insurance, Inaluding but not limited to Lass N, business ImPloput o, and boll.,.,.. muse, be Lentln may re dwilly phare. Policies Snell be sermon In farm, amounts m eregea ,No basis reasonebq acceptable m Lamle, and issued by e company or aompanow wasomm, adCePmPlu m Lender. v Grolier, upon reeueat at Lobby,, segs deliver to Leader nam time to e the pouu.a o . ifillma of insurance in farm aadafaatmy to Lander, .nawamg adpuaeana that povamgaa Our sot be .Ilea or tllminlaled without at least tan I10) save prior written notion to ... do,. aero mimmore palls, also Snap Inv Wae an elndo,sement in... na that Coverago'm.ave, m Lmdar wll not be Imparted In any way by any an, omisa!In ar default 11 Granter any Omer person. Should in, Deal Property be located In an arae deslgnat.d by the Atlminisimtor of inT Federal Emergency Managame d Agency as a spacial flood na¢mtl area. Grantor agrees io obtain and drantain Federal FIooJ Insurance. It evellable. na " ab says afro, notice is elven by Lenaar mat me Pmpeny la I"ataa in a [pool el fl oda barred stat, far m. full unpaid phno pal babnce of site loan and ea, prior Rena on the properly aeoutlng me loan, up to me mawmum polioV Ilmi[i se, antler the Netin I,[ nada Insurance Prosmm, o, as Otherwise rewired by Lender, am in maintain aeon insurance For the term of the lean. Applmaaan of Proceeds. Granter shall promptly na ify Lender of env Into or demons m me properly a me estimated coat of ravel, or ow"cemem axcayal $5,CGD.00.r Lower may make proof of loss f Grantorer I ona.to do S and, ma prooeoas o1 coy any. Whether o, not London I sacuha II impao-aI, Lender may, at and apply the proceeds m the reJucllnn of IDI particulate, payment of any Merl affeoLng iha Pmpertg m the recto afro antl repeb he me Pmpeny. n Lenaet ,)acre to apply the prooeetls 1r fast anon amt repelq Grantor shall repair or radiate he aam.goa or a.¢nov.d lmproyamams Ina moaner satisfactory to Lanae,. rLena.r anal), Spon saniN.mry proof of any", anoimrp, vav e. reimoursa Granmr tram me praeeaaa far me resarnamr deal of repair or reammnon If Grantor is net m aelamt shear rola Dana If Tinel Anv pounded, am pp, neve art sees alabpraea WItMn f ey cavi ane, melt derept and worm leader has not aommiu.d m me ,eves, of reatorafon of role RBpain snail be used all eco pay yto the p ^pp l na ander thane thin Dvaa of Truar ter to pry accrue ntereo , do 1 malntl a c Indab[edna¢e. It Lo ntlarnnalat any proceed, afters payment In lull of iM1e Intleblsdnrss, such pmwedrvnsnall be Pala to Grantor a¢ Grantor'a Im.,de[a may appear. Grantondon I r's Repo rl on Inaumn[e. Upon revues) of Lender, nowmer net [M1e namsore Conce I bl he mksboard, lnauredsh'Cli tuno mount If th r ,open on each existing policy he Insurance srevongr lel I he name de of sugh rI,erl,, In,to the lxPrep. data•ofathe Palmy. Grantor shall upon the the, Oman, re ahamed, vregular of Llpfuld naves nondependent apposserd IS manner of n eytLSllanmra9 to lendlrI bus amermina ire aaeh value mplaogment coat of the Pmpory. ".,,is Expe ntlicompl If any action or pmceea is h commenced that ,..I o' buyly affect Lmaer's Out In the Property or II Larry I his to comply who any Vrovtoy of unla Deotl of Trust or any ..Into' Documents. do, this Dome col limited ,1o to Grntor¢ hilum m his toy or pay when duo a� Y ,mounts Great" la rep�ate N tllscM1arga or pay under mli Deatl oY Twtpoate, Ind a na Dodumenta Lentler on Grantor's behalf they, (but .bell not be obis tl sol Iako any ninon Inas Lantlar tleema appropriate, 9 but net limited fo Jiscry ing or peying all laxed. Mons, aeoudry Interwls, encumbrances ane oN.r tlaims, at any rima mkt 1 or pl"-it n the Properly antl thrilldo it, aoa[s l,f InsuLng, ma.ntdinlnI, and presorv.ng the Property= All auoh expendllures Incurred or veld be lona. rot turn puNoa.e sem her bear imereat at mo ml. en,read Older me did from inT as,. )asoma or pale by Lanae, m me date of repayment by Grner. An III aSpaned, 1. 5dnome a van m lar maeltromeaa Ina, at London a whoa, lopwill fT y payaencs 1. on demand ¢I ba added to me bdleace of In' Non. arta be I ... filled ammo and be pdvanla halm env imlaumem Payments to become sae during 6, or In me farm of am evvl cable maraanw wucv: or Irl the remaining farm of ma Notal m 131 ba treated I balloon payment whin, will be duv end payable m [rte Note's molar The Dead of Trust also will aecwe payment of these ad donas. Such armsLau be In audit,.' 1, of .1i .ante eat remedies to what Laod.r may In sennas pp,o Dofeml. Warmndy, Defense of Thk. The [ngowing provisions foisting to ownership of IM1e anal y as a part of this bond of Trot l: 1. Grantor warrents that'. sal Grantor nolJs goad and marketable tale IF record to IM1e Property In tae simple, two and clear at all rims antl encumbmncas ,fiat than [M1use set form In lne Deal Properly tleoni pilon or In any [Ola Insurance pollcY, idle report, fup ull EgIT power, and eal, I,nn Onexecutad e en0 m(tVea Inn Doatl of TmmntocLenJe tion anstn iM1ln De of Trust and ml Grantor has the wn Defense of Title. Subject to me exwVlloo In me pemgraph adove, Grantor warrants antl will forever delenJ the etle to the Property again[ the IawWl deims e( ell penuns. In mC evnr any action o, pmceadmy is commanded that questions Grnnloi s r Ne inte,e¢[ ul Tnstee or Londe, under this Daea of Lusl Gramor, sM1al dehno the PI at Granmfs cap,", Granmr may be the nominal pant In also Pmcegeing, but Lender trill be entitled to pertldpi In the p....druns and he be reprecanlea in lobe pm.eading by counsel of Lentler'. own choice, and Grantor vd11 dardear, or setae m be tlap-ma, to Lender ,an (,air,""' as lender may mduam imm fmT to time to permit such participation. Compliance WI[n Law,. border warrants that by Pmpory antl dramatis use of the account ,omplles with all derung applicable laws, eminences, and regulations of bL-r,menlal.1hou ids. Survival of Depmaentelions and Wenanliw. All representations, werranli s, dna agraemend ulnae bV Gmntor'I trial Deed of Trust thadll parch, I'd mxeeno n andnbeb ry of Into thOOld' l Da If T In tuLL all be cmmouln, In nalur., and eM1e1I remain is NII [orae and In Counamnation. The following provisions heating to candeehanation prveoeaing. are a part of this Deed of Trust Pmeeetling¢- ke It any rty pmcaeding in ontlamnallon Is Oled Grantor ¢Hall promptly nofify Lentlef .n wt Fngbe , dna Gey mnlor..all and ill' met such paoceetling Pon iLondel ¢hall ba an,Iatl oby 1paetldp Ile In rawn 'he IM1e pr....I is eadnI be repra..also I the lanloked. by may he I Id awn chile¢, antl Grantor wW dilmar of cause to be tyros to Lander soon Ira Wmenis antl documentation as they be etan by Lender from time to tam' to pnrmlt such wro,a ado,. Applloanon W Net prwna& It all or any von of the Property Ia oanaemnea by dew nanl domain proceedings or by any pmodedng or ppeflan.1. anIianof.n Osmamen4pee, wayt at 11, 11, me onmr. In, or yraoe las o f me anima shall of the es, d atteiep t of all reaaarabfa w.o s, tyranny , ane aLtomove' Idle incurred by Trustee or Lnnaerr in ..nnmwn halm Ne ncann 'and Impodsom n of Tana.. Fat. and Christie By Governmental Aamordd— The following provismm Peter, to untrammemm taxes fees and charges are a part m Into Daea of haat. Cranna Trans, III and Charge, Upon rwu.I, by Lower. Granter aha. exempla such doppm.ma m .aaluon m mid Deal of Tmat dna lake wnatdver,me, amid, It reaaes¢a by Leader t. part." ne pdminpr Lenda; a Ilan.n me Deal propene- Grantor shell r,.m L., to car to, au Lassa, as I ..ribaa ,.In.,.,color oth.11 ayhnand incarred m recording, perfepnn, Or comm,htg role Deea onmdl, "Im"ing without I'm¢atlpn.11 texas lava. datum..... pumps, and other tnergm It dommune or aglotermg Into Gras If Trent. Taxan. The mgowing snag d,natiml, axes . which this section apploo of , av„fic top I,, this type of Deed of Truer it ........._....................... DEED OF TRUST Loan No: 71 (Continued) Page 4 upon all or any poll of the mdebteene¢¢ dew red by this Dee' of rmsu ml a aeacifl= tax on Botmwer wnlan ..trowel Is eamorbad or required m deauet from payments on the loaebtnanass counted by this type of Dead of hunt: lel a as oo this twa or Dead or met chargeable ag,amw me Leader or me balder at mweer y, Nota: aha I" a wee=to, on all or any ponlon If me Indefinite ¢fir oa pa'mems of paa=ipal dad di mace bV Barrawar. Surs"' em Teaaa. It aa, tax to whit, rely Iran on applies La aaaoted aabecoued m me data of fora coon of Trust, this aged anau ease me alma effect as or lead, of defeat, am Leader may exercise any Dr an or ms doornail remedial for an wont an Deramf as podded below unless Granmr alder Int pays the tax bamre It becomes delmgnor ml = fenthe 'aw prodded above 'm the Taxon and Leary secnoa and aepaslta with Lender =esti or a sonol¢enc or cart sax en¢ hand or other security satlemcmry to Leader. Baeartty Asraemmrt: dog a=Ins smtemesim The rolmwmq doduaions relaina to thin Dead of Test as a eeouan no a cpm arc a part of Dead of Trust sea �o�aaa:Wali neje ars oil m�tiynu of alldetermyae,wBe�a��f Security Agreement aommer el coded: ammended from ctimre ioum�c cored, Se=unry Interest. On., re eat by Lender, Grantor stall take whatever onion Is requested a, Lender to perform and conVnue lendoi s security Inmrost in the Pants and Pereonal Pop -my In radio, to reporting mina Lod of Trust nln the mel property ¢cards. Lentler may, at any tl dna Wllhout lu![her An" tram Grantor, IIIe ..... nert c [erp¢rt...... . Dopes or reproductions of this Deatl of Test as o broadly atateme L Goner shall mlmbursc Lender for all expenses m unepda an carpeting or =ormnuing leis security interest. Upon default,rGrantor shell not lamed e, sever or added the Personal=Pm from fire It ... bel Upon appoint, Granter snail aasemblo any Personal Property not allixed to the Peaperty In a manner and of a pladate re son bly ad ye,aot to Gr ntor and La do, and nbla lake It available tD Tender whhln Noe 131 day¢ after hourant of demon ch on rity Atltlnssea. T J dY misg adlearraw 01 Deed Df Tosr they be o seed leacnder, Epr and h ase regmmtl by the Unllorm dmad party ban Oommornal�Condlnmenas 5otetl en the interest Bran first page at the Dae' .11 us'. ..tsar Aeeunnees: Attorearein-body, The fulawi re provisions relating m further aeauonaoy aha mmrney+rt feet are a part of ..his lead of Tear. Further Aaemanaea- At anytime, and from time to time, open mquear at Lender, Greater poll make, e+eoata and aelbar, or will fo be mase, ax Inca or aanvarea, m Lander or m Loa[lara adylgned. And wear rag and by Loraer, tend to be Llea, awrdnd. bellies, o ro armaa, a v aa. of dean man and In accn fords dna plated ars modem mdY deem o r ra e s IDs =ase me q Statements, continua appmptiate, env era all5utnrugM1etoiagw• aeaby Dr mruncacns. Lee e n heti' aor�mty 'sreaempaya, la Rod care opinion of Lon a er.a be s merear, , ueelreblo In oNer m eRecNaOlcompleID, perlaet. mmmae, at peyoee fel Represent a am Granmr a mob,d an under, the Note, mks Dead of Trust era the Belated Daeumaata, dna Int the udaa dna secrets moeaB ercatea by oma Deaa of Teat as first and error ena on me Property, whether now owned or hereafter aoaalre' oy Gremar. Unless prohibited by law or Lane., ,gra. m the somery In wma der Gmntor shall andurrae Leader err ml pasta you ¢,pard,, owned in connection wdo the matters referred 1. In Its predict, Aamnte aira£ett It Grantor may ro do any of the things refereed to In the preooalng damaged, Lender may do so for end In ate m of Grompor and at Smells a Versen . For such Persons, 31 heredamaged,y bona.of, appoints Lentler as Grantor'a attorney in four far the pwpwe of making, law dr leg, deliaedng, filing, recording, and tloim all other ,day as mal be headsets or desirable, In Tender a sole opinler,fay=compll¢h No e matters referred rD In the pool mg product, Full Pe fobmance. If Barower and Grantor pay all the Inaobtedna¢¢ whom tlue, antl Gramm ofiarwlsc pedebms ell the ab,'hd n I Imposed upon Granter ,near ore Deal of Te¢c all year exaputa and older m Trust w a reyucst err fru reaooVevanre era snau and iddlwr ars Greater suitable statements of nomination of any financing sr n fila evidencing Lender a ¢amity intebest In the Beers and the Pamonal Popery Any Any mconveyated tee reported 11 law am be paid by Greater, If owarmed by appllomle as, Een6 of Defaun. Each of the tollowlng, at Least,I option, shall o h,i an Even, of Detroit under this Dead of Treat. Payoram Default Borrower badly to make OIV payment when due under the lnaebodneaa. Other DeLues. Borrow,, or Goner tells to [amply with or In Piano he am other term. ebllgatian. o mastich opirmanIn this Dead of TOO,,mear T,, or in any of the Related Da=ue fir by comely air or o perform e la , dohstlon, aOveldnt or conditionaonminae In any other agreement lerwoen rehear and Bebmweb ab Granter. Compllence ...it,Fellure to oomph whir an, Omar later ."Nation, covenant all coalition wnmlnea in Nje Deatl of Trust the Note or In any of the Belated Donumenr¢. Defamer on OJwr Payments. Failure of fientorwwitaMn doe tim m to affect 1dlREA Dead of lie of any Ilenst e make any payment for taxes of any other payment naasar r ' m Emimmmen,al Col. Located of tiny party LD comply with or perform when tlue all farm, ort ..elan, or condition parganmea in any environmental agreement exacvea in connection .,In the Pmparty. d impulnn Fevar of Tnlra Perot. should Borrower I, any copper aefawr under any lean, extension at = rmiv.dairy agreemort wohase or salty agreemen[ ob any other agpayment, In favor cf any other creditor or person that may mmermlly effect any or ODrmwet's or any Grantor ¢ pecertl or BDrto-11 up'ilI to the Intlebroanass or Borrower or Gmntor¢ eblily to perform their repi obligation, under this onto or Trust at tiny of lire Balatea cc=uments. False Statements. Any warrent'. opreern ion or beeman, made or hereataa to Lender by Branner Dr Granmr or on ndrrowers on time made or furnishes ortlraco and falseor .1 Treat Or the Related mxIdA 1pgcauments is false or t any time Radiationleading In any memrlel ospee4 eit her now or n the D fta,a CollNemfardle This Dead al Trust or any of mo folded o a m•c all effort incident Laurie of any call document a erema a oo dna perforated sleet pmt or Buhl a am time and err ease.,. Doi aae or Randal nay The dissolution of Greatera6 v ardial ¢s of whether, amaem ma continue Is plain anhmdness o.me death from me limited liability company, or any"nonertmnerlen of Borower'A or Gemola exaten=e as a temg of any mddi me O lvio, Tethanrefi� of oa,auostre ve IVP puilmm albrrwohouttormnaory pan of Borrowi gev by roceeamg pbopar,,, oa, assignment n me o t eommencemanl o mnaer any bankruptcy or fvalven V Iowa by or against ford— all Greater. Creditor or Potleieara I .... whogv Commencement of mredaact. or fmblwre pmceeainge, whatnot by judicial peaeeding. help. repossession or any other mat he' by any=realty,of B000wer or Grantor or by any governme had agency against any sell property 9eoorng tae IMeboanev. This ..III a gaml¢M1ment of any of dr ower'a or GreneYs aby Borrower eror Gr aepoais mala, wen Lsnaar Bmweoe r. for Eenr Of Defauh anon ret apply h there I¢ a good film a apprebropby aorrowar or Gmater sa vandlry or race. mane. of the claim which Ia ma bash Df the creditor Or mrfinere proceed' dna if Borrower or Granmr ylvsa LaMar wrhmn nowde m me credlmr or forfeiture pmaeedn o and deplane with Lanae, moria, or a suety bond m, my creditor or fore¢uo pportable, in an amount determines by Lender, m w sole discretion, as being an mequme reaeee or bona ro, the dispute. Braean 01 Omer Age"--' Anv braaan by Borrower or Gid par, under the tome of any other agreement between Bortawe, an Granmr dna Leraar mat ;a ars, omedlea wroth env grace paned evided memo, Including wimaul nmfmtion any agreement cc mnmg any Iadkbtaapeea Or other obligation of Borrower or Grsnor to Lender, whether reaMg naw or Ixer- Evemd Afhaing Guamrme Anv If the paround asoma occur, nim mpecr Is any Gumanmr of any of me lodybtannoay or lav Guarantor ales or Income' m=ompeacm, or revoken or ifiapatn In 'direr' of or Iiabmty under, any Guaranty Of the edemoodasy. DEED OF TRUST Loan No: 71 (Continued) Pa9a 5 Adverse Change. ileal aJvetse [helps e n 51 lis or Grantors R,hadial con fader, or Longer bellevos the prospect of payment or performance m the maebtedno" a impaled Insecurely, Lender In Shoe fawn "Layla Itself Insecure. game m Lnra. If env aero uh. other \nen a aafeun in pormam, m parable one if Granmr has not been gen, a nonce o\ o breath o1 ms pmvlal on of It. Gaed at Trust within the preceding, tweme 112) months, , may be tared if Granton alter Lender genal to Barry—, demanding etre of auto dommet I.I tures he dares, wlmm nvrenn a 5) hers .r rot n and tare ecured notice than Anes' 116) daya, lmmndetgly ......PC seem which Lender palma in Lender a gels beebrom to On sufficient 1. Our. IT. tlemult and thotm9er continues and eomplete, all rea¢oneble one ,aags¢ary n,So, aumoiem to ...aura tom pus,aa as Ford .. reaerhauy Central. Rights aad Remedies on Dehun. If a, Event of oelguh o,mrs soder this alae or "feet, It env time mereanen Trustee or Lender may exercise any one or mare OrlTo following right, Intl rgmedea'. Electoral of Remed is&flapper by London 10 pursue any remedy shall not exclude pursuit of any other lambdaand anal len to make expenditures o take foe to perform an obligation of G ... to, untler rose Deed of Trost, efrer Granters prime to perform, shall not alf-, lanai, dight to dollars a aelault and exeraig. it, rameame. ra ed Accelerate l ed are ss hall medlatelV duoLabel, and payable, lndudingright any preeaumoent penaltthouty d ch fo Borrower owar Cmuld Oe rrepultred topar the entire Pomc Wsum. With respect to of or any part of the Real Property, the Trustee shall have the right to fomob se by notice and sola and Lender Shall have lite agm m fd oreGme by jufial col In either case In a¢otdanca with antl to the lull Caren' ara,mad by mifew. If .itis Deed of I pull I foreclosed by juddal foradosu m, Lender vat be entitled lf will provide that It the Tomduswe said proceeds are brom lc jell to satisfy the ss IM1e judgment aeulmn may iue alindicator nmou n. 01 that unpaid chance of me jmgre"t UCC Rematllee. Will reaped to SII o any part of IM1e Personal Properly. Lender shell have ell Me fights end 'Fertile' or a wed party under me Uniform Commerial code. Coil R Rents, Lender doll love the right, wnhaut notice to Borrows, or ermtor t. take isman,eled of aad manage the PmcetlY and Fall e Rea, mrmamg amounts past ate .,it tnoala, dna Cards mmo Its net pbeaa, over and above Lender rrev against the maemeaes" m furtherance m this right Lender may recalls ea, l.coal or Omer Lear of me Pm Derry to make mm payments of rem or use fees directly IF Leine,If the Rams aro collected by Lender, man Gra,mr Irrevocably designates Leaam as Damor's atmrne, Ifee' m Indord m,tr meat, received in payment mgrem m me name of Grants and m parip"ale the on and collect the 'replace. Payments by tenants or alitet ..are to Lender In raponso to lenders demand shell aetisfV the obligations for which ono payment, are made, whether or not any proper groan's e, the demand gxlsmtl_ Lentler may con -so its rRhm under this duh pada fire pit caner In '.'arm by agent o, through a receiver. Appolnl Rev... or. Lender shall have the tight to have a race,,,,, announce to whe pass e... on .f all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding, foreclosure .r acre, Intl m done[! the Renta from the Property and apply me proceed,, ever and above the cost .l rob re carvers M1ip, against the Indgd'edness. The may serve wmout bo 1 It pernamed by law_ Lenders right It the apPointmem of a renamer Shall exist whether or net adeem mem a appamm ,,awe of ms Property e... ear me m'e maa,ess bV a ate Handel em of m. Em pro by Lanaer shelf at aisaua ufv eperson at S solving s¢ a receiver. TenentY at 6ufhtence. It Granter ,e m ells In pees tis gran of rob Properly Shot .,re.a Pro pent' a sold s, 'maid ea above Ca Lentler othetwlse mc. me, entitled to p.aeeasCn of me Property upon atLender n er Borenw ar m either pe Gre lea s reasonable ere me a le nanl at suffers hoe of Lender or the purchaser of the Property and shell, of Le rad er's option, eipM1 for lel .a4 a reeso na ble rental forth, use 01 rM1e Popert or 'm vena a the Pmperry iMMO Barely upon the demand of Lanae+. OM1er Rnna le¢. Trustee or Lender shall have any other right a remedy provided in this Deed of Trust or the Note of available of law on in equity. Notice of Sale. Lend -coed elvo Gomm arc -able notice Of the time and plata of any public sale or mo Personal Reason, or o1 me time after wMm gay 'rivals Sala or other Intended disposition of me persona Pmilem is It be made. Reasoname notice Shall m net',' goal at less, filmon 11 fit daya before Ne dine Of too here or expos tmn. Any se le of I'S Personal NSI mea be amade la mnlu,,[lion whn any said o1 me Real Pmperry_ Sale of the PtapenP TO me extant permitted byap plloChile law. E,rm wdr and Danger hereby was—any and all light, to have rM1e Property manhellod In oxer olsfnB 'to separate adral eL,, anJeshall be�elntl'ledTruen, or Lederlto old at any public ante On elf Or any Property together or Separately, In one Sall o Pon- of ane Property. ptnrneyi Fees' Experuea. II Ld,tler poll. any suit or e-irn to enforce no of me terms of this Deed at Trm1, Lender F1,11 be Dn[itlea to recover sac, sum m me coon maY nJludge cacao Treble as attom ays' lees a[ trial antl upon any eppcal. Wne[F- or not any court antroa Is lmoeed end to the a#entnst prohibit it by raw, all reasonable axpn,a as Le,aer, I,mrs mat Ih Launch upinlOn am n nary at any time for the protection of M1a lnIDrae o, the enforwment of it, dards shall become a part of the Indebtednms pays ble an dcnand and Shall oe nr'mmrmt at the Note rate from the rials o11M1a exm ound until repaid Exponsas covered by this paagraph Inafada, without Ilm M1ati oh, however am,par \O ear limits untler spier amt, law Lend,, s mtomoYi fees antl land. s legal eWemes, whome t o not fibre Is a Ie w gu M1, indOldng auto mays' fees and expenses for an run pmodo tlings Ilnd utling etfona to mm ITY ea's,'ata any aum0 `I'c stay or lnryolina, Cocaine, antl by eminpe ed lastIiutl. m earl ces pita mat o\ senmYdng rem,da, ubainin IS to pons find using to reclosure all smveVors repotls, end appraisal to asrl title Insumnte, a d Ras tar IM1e Trustee to IM1e parent parmlVed uy appRdabe low Granter els. will pay any court cos 5, n adeWoa m all other sums concept' by law. Rights of Trustee_ Trustee shall have III of the right, and duties Of Lender as at them In dols neslon. Intl repipmene el Trust.. The madvng pmvivons refacing 11 the powers and obligations O1 Trustee are pan of 1Ma Deed of Tru'aboye e e1 Tastar. In ep.mr 1 to all Powers of n In, arising aF a mallet of law, Grates soil) Iran IDs para, a s e the into ac[iona wlm reS pdcT to me Pro pe Try upon\rte written ague 11 Of Lents and Grant',. in) Iran In real dog and flung e r plat m the Real Prod.rty, lhdndlng the dedcespen of streets or Omar aghts m the pu lila: Ibl loin In gno ,,I G a. easement map all ng arty msblchOn on the Real Property: and of loin In any a,b,rdinmill or m he, agreement.'for mlh Deetl of Tuet .r rM1e lnforest of Lender color mil Deetl atTOO, - Obllgatiomto Notity. Trustee eh Nr not be ob llBs to notltY any other pan- ora pe oda she untler any otherimat tleed ar lie n, ref any action or Prt tee tl lap In wM1lch Gra noun Lan ler, or Tru Oreo shall oe a p-ry, unle ss the sotlon orpmmetling b broug,m by Tmothe. Tr-,.. Trveree snail meat OR eua)illcelfons repair ed fel Trustee u"let g innebfo pub. In addltitn to me right, and remedies art Coin ado ver with to Pop'tI all or any part of me Papo rtY, Iha Trustee shall mvo n rag m to tore'o,a by nohw antl aIle, and ,Order shall have the fight to fo r.Cese be jno lel fore closure. In el'her'.FC In....Nancewlth antl to the roll extent provided by applicable raw. Successor Truscea- Lender, at Lonex, opnOlt they from time to time us' lot a succeaeor Twine to any Trustee appointed ruddy r min Dead of Trust hY an In strument exevmetl antl CUP by lenear and recorded in the r1M1m o1 the recorder of Lane Court ry, 9a\e ofuchoon. TM1e lnnrum ant mall concon In additwn In aI I other matters rep Ulred 11 'to'- law, me names of Lan ori,u al St.' Tmste e, and Gre nlon me book nna page wM1ere tit is Dead or Treat lI mcomea, Old fie name and IItl ress of the Successor trust.., and the instrument shall Is Isolated and acknowledged by Lender or is suduesso 5 In red upon The re s IF 11, V„Im out d-y...L. .f me Property ahsll auccem to all the tide, power, antl duties ooniarmtl upon the Trustee to mfg Deet of Trust antl by appliCable law. This ". md.m for aprothu cm.1Tmslee Chun Swam a Iba ax'uslon of all other provision, for aubslM1Oion. DEED OF TRUST page 6 Loan No: Tt (Continued) N1wd Any F holnum U he 9 tls' pars D n 1 T g a swithout limitation any notice ofoal J vsisal sup auubgiven i uinq and ngb1r-v. I'd, inourrisa r, whand Forch, -tlby parfirmilece,( owe required by law L wnan aeonaliad with a net anally recagdwd we Flight tourer. or, if leu, who, deposited I the United steles mail as First class, —1411 ar mglStoreJ melt Forces prepaid, Round to the addresses shown near Ise beginning of tni5 Deetl el Trust All copies ul verve a of lore insure ham tux M1olaer of any non which hes prlotlly Over this Dead of Trust shall he sent to Lender's address, es shown near the beginning of this Dead of Trust. Any parry may then9e its address for call— under this Dead of Trust by giving formal written notice to the other mottle$, apoellYing that the purpose of the holies Is M [above Ins party's ,unit.. to led, Truant runi rI,a. jams otherwise Fol ioed Of tl by lessee B. Drenis .tochrthe, oan Grant.,, all l y'Ones giveed U, all nme, by olnntlee or any Grant"islearned Is be nonce given W ell Gmnmre J le ore i an Miscellaneous ProNsiona. Tns bllewing miscalls neo us provisions and a part of this Dead Of Trust'. Amendments. The Deed o1 Treat together with any Related Documents, constitutes In. enllm JodFr,la�.l and agreement of Is - the ponies as o mo m et +sort In this Daea of rmel. No aneratlon of or amendment to this Daetl at Trust anal' ee aphowe aolere amen m earl[,, ad ashol by me sell or parva= soosm to he charged o, boom' nor ma euemt on of mendmant. Annual Remade. If the PropMy Is bond for purposes other thdn Grantor's msidance, Grantor artah Inervoh eo Lantler m erttietl slatemen[ of net aperaanq ntmme reccivatl From fie Property during Grantor s previous caval year In =urn Immo and eaten ns Lender snail reirip, Not operating Inmme" shall mean all cwM1 recelpte item the Properly Isar all earn pendnurve made In contemns with the courrom of the Pmoerl. Caption Headings. Coned I..dinge In mad Deed of Trust are for convenando purposes only and are not to be matl to Inimprr or delete the proadany of his Dead of Trust Merger. There shall be no merger of the interest or estate rmatea b,life ttDead lore rustwrittn conae0 o er clI,FIL or"lots In the Property at any time lata by or far me lanai)[ of Lancer m any hyped[ Lot Governing Lew. This Deae of True van be governed by feeerm law appnceme to Lender and, ro me extant not prawaro ea by federal law. the leave of tin state of become wnlmut mgara fo its c lariats If law provisions. This Dead of Treat has been accepted by Lender or the stat. of Oregon. Chloe of v ... a, lunate is .)swam[ Gramer agrees on, Landers renoasl to submit to the mrediaaon of the courts of Lane count, slam a1 Chun - Joint and Severe) Leadiy, AT onrigahona al Borr.... r and cranio, weer this Dart of Trost staff as ions, and savemL and of oferancee m dr -hr snap mean each and ovary Grantor, an' all mf -1—a5 to Borrower anon mean eaen and -I, aormwer. Trus means that eaen Grantor signing belt, is respareille for In odngltro a in this Coad of Twat Where any all or more of me parties la a corporation, partnership, limited rea ry company o, =(mils, llary, It to art necessary 1o, Lender m inquire into the = of any oune onimrs. directory. panne, m.mbers, or .,her seems acting or purporting la yor im ronin@r 5 behalf, and mr, ong6etiona mad. m created in muanae upon the profassaa oaemi.a of ,an powers anal be guaranteed antler thin Daea of Trust. no worse, by Lenmr. lender sban nal ho seethes m have waived any right, ander the Dead of Trust doles. ,yen waryer is given In wrkmg end signed by Lawlor, No delay or omincom on the part of Lando, In sxemiaing any right shell operate as a waiver such right or any other right. A waver by Lantler of a prodsbn of this Dodd of Trust shall not pmjuJics ar con5tltute a werer of Lenders right olherwlse m demand shift compliance with that provision or any other proven, of nd Deed of Trust. Noprior waiver by Leader nor any course of dealing between Lender and ch -Mr, stall constitute a w ... I, of any of Dender9 rights or of any of amour's obligations a, to any future tmnsactlons. Whenever the consent of Lantler ie rup edunder troure aundertent Deed of Trust, the granting of such cons nt by Lander In any —tend small not constitute irnumg r' he t where sue, mnaem a dropped,adIn al case, an" consent mar be granted to, wlmnma in he core al,Jreeon or wmerns to any pert. Ifs court b1competentnd,g roan fordsany III offrsion oftree DeetlniTran m 11 tl1 or aL ldusbural an as -occasional an, error any person m ohcnce.If feasible, Thal Is i shell nae make ,In o'I II be pmvidereion Illmodified'a, m , it becomes egID say wand person or d. If thefor Ifrevitae prod, be Fmvlslrn ,M1.II he considered module. I rh1 t becomes o legal, valid and mlarueehle. n the affondng provision [nonce be so motllhetl, h shotDocopromer d of this form \hl= Daetl al Tru' Unithe "for.me mhulmtl by Few, dre Illegaliey, f-chdil, or usectorcaebilYY of 5ny provi=ion t! this Dead o1 Trust 'hall not efler iM1e leg.nty, .spar, or enmmaehuhy.I any Omar pmanien of ihm Paul .+Trvn. succeasms aad Asi Israel, m any Ilmimaole ,tamtl m tela Deed of Trust o, transfer at Greater a interest the Deed .1 rrvn shot be binding upon and more tome benefit of I's Indies, tncr auccewors a,a assign=. g ownership of ma propanv becomes cooled in of hast and than renanrea�ive nor wevoof romearance ad en—t withoay frol ut reosine=GramoBBroom m. DbGgachns of this Deed of Trustor Thyril,.,Nert's Inaebtadness- rme 15 of the Ess..... time in so no arses. m the permrmnnce lir this Dead of Trus Waive Jury. Alt Parries m this Dec. of Treat hereby wales The might to any jury trial n any acdicn, proceetling. or oou.r.lnim brought by any party against any other IItY .am, ofnt orison a' m dl Mn. Gr n d, secureroled by [his Deal of waives all rights and bensgu of he nomeabetl exemption law= of the indri l. Commarstar Dead of Treat. Grantor agmen with Lender that Lye Laos of Trust a a cumme,Iiel dead or bust and that Grantor will not change the we of the Property wnhut Lender a prior written consent. Oeaca ons. The lollowtng capitereed words antl terms for lave the following meanings when bond In ani, Deed of Trust. Unleas specifically arated to the contrary, all references personal amounts anell mean unix of IawWl money of me United State, ,,+ America Words and terms used In the singular slap m deme pv el, antl me p mavaa me a,eula as rn rex[ v thralls WmJs aha nrme not.m.rv+be rained m t"I o ed of Trver seen nrv. me m......a hundred m each terms an the Therm commamll code Beneficiary. The word "BeneFlday mans ii Community Linda Union, antl its lid—bare and assigns. ad, war I war s all co-signers end.o-mean' , Roscoe Inch. dna, IM1ei� nmer, sPU aLa LLeaelgmU II. LLC: and ACP Pmperdee. LLC ening) Dead of Then. Tho word, "Coal of Trust an... this Line of Crelf Instrument amng o8rantoL LenJeL antl Trustee dna Intlutlne at wr ou Iml auun of asstrom aand security Interest provisions relating to the Pmsonal Property and Rents. Default)Tire word 'Defaulr mean, the Defeat aatmnn I, this Dead of Trust in the mfgon deed "Chrout'. Envamorm nfal Laws. The cora, "Environmental Laws' Iran env antl all ,tee their and lett) stow ,, regulation. and ordinances totaling le me pmthron of human If ., III emr nmenl. mtmttling ,room nmityuon rma eompmnen,rva Emuenmemal prose's., Connecticut-, and Liability Act al 1980, as amended J1 IF or I i orlon 9601, el For I CERCLA"L ma Superman Amantlmome and Rearthearallon Act of 1gafi, Pub. L. No. 99-099 PSARA"L the Xm,tlous Materiels Tmnspona0on ACL J9 U.S.0 Section 1801, et sap., rhe Resource 6asarved- antl Recovery Act. 62 V.$ C. $eceion fi901, et ,a, or .me, applm,me arum m Federal laws, rules, o, raeulmlons adoptee par ... It Intel, o, intended to protect human helm Or m. anrlmnmam. Event of Dehult The word, 'Ell" of Default" mean any of In events a1 default sat forth In this Deal o1 T,ust In the events of default section nt ills Dead of pros[. Granby. The word -Gdslu r means ACP Pmpcnies, LLC; and WLR, I LC. DEED OF TRUST Loan NO: 71 (Continued) Paga Co.,...,. The word "Guarantor' means any .... I oC ¢cl or.—mmouarlan party or any or ell of the Intlablednaea. Gue wEcon Tho and "Guanty means the gun erey from Guarantor m Lender including witn,N Ilospepn a Gua ants of all or pan me ands. Ritninu na subsIDnpaa. The weans 'Ha:maaue Smatances" man e anoGala tners, han. because of their goconaemv or physical, cntnf uddis or Iectious characterlsl may raced orpdra a present Dr potential hanaN to human health �or�the when androody urotl, treated, ..,oda disposed of, Harris ed, manuteoluter, vansPoned or oddrepre handlatl. Too words'Hrzmd—le Bue4ances" ate metl In "air very broadest sense and letters vvdIm Ilmltatlon any and all n....done or tandsubstances, materials or waste as defined by or listed under the Environmental Laws. The and "Hazardous Subsmnces" .Is. polood , wldmrn Ilmhatmn pmmleum, lomnalne crude rte and any fraction [hereof and a, prou,. alb iaea ontheReal proper , fi� traac.neadfil uppmaemems anand Id er construction onnthe Real oppose. nree morn¢ nomad mdaMatlnaaa. The word "loadmuaneas' means all principal, Interest and other amruats. coats and rspansm pavane coder The Note Or Fall Gacnmama, together with all whadd is of aeondors of, 'unit ¢..lona If m.Ta1.1mions of and suralbutfrns In, The nate or Fu tea Dood, ..I and any amouma ¢.¢¢need or advanced by Lender to discharge Grn Lar a rbLaatlons er expenses Incurred W Trustee or Lender a enforce Smother onnePo 9ns under thin Dead of Truat agetnet with intareal on such amouma dy provided m min Dead of Trual. Lender. The word "Conder" means SELCO postal Credit Union, its successors and assigns. Not.. The word "Note' mean, the promissory note tiered November 1], 2UlG i0 the Original Dtrneipal aMount Of dr truddeand 6 ,consolidation, d, add subssti00 irom Welons Im Lac pwer to eomarory noer m or agreement 1th all s The memory date of. ofmhe'favionly of, Note o Auguar 5, 201]96 of. Personal Pryeny. To. ..,He "Pemanal Pmpeny" moan all equipment nxtwas, and other candles of personal property now or hereafter owned by Granto5 and now or hereatar Abroad on anded IO In, Real Property , together with all ao ..ns, parts. and audita ions , all cultura a of and all aurrdaullons for, any of ,on property. and together with all proceeds Ilncluding without Ilmltafion oil imuranco pareeds and mNnds of popmernsl from any aIle or minor dlspoeltion of the Property. Pmpeny. The word "Proporty" means loec.Nely The Real Property and the Personal Property. Raul Propert, the area -1-1 Property" ..an In. real papanG Totems.. end three ns former desodead in The Do" of Tenet Related Povumants. The words 'Rekord Documents" mann all pdeduced, notescredit agreement, loan eamrmnti ta, nlel agreemenA, peculiare9 5 cooly agreements, mrngagei deeds or trust security deeds mllaterel mongeaes, an all Iothera Instruments, agreement anti tloaumnts, whether now or anointed ¢skiing, .secured Ia connactan wnh the Indebtedness . The wont "Freta" means an present dna Later, dente, revanues, income, �esues, di wools, and other records Rents. room and Property - Trustee. The wane "Trustee" m du esc Catle The Company, whose address Is 811 Willamette Engineer OR 97401 and any differ nee or successor trustees. e EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST. AND EACH GRANTOR AGREES TO S TERMS. GRANTOR'. OFFlCIALSTAMP STATE OF 0/Z __ I ROl CRAIG CARPENTER ISS NOMN PUEIIIGONIKiON COMMISRVNND,P1866R COUNTY OF /q.I,1�1rFcQ. /./ MI Cd1M55pNF%GIpE6MMWH2$MO on min aav tee / F. z0 [�[ before ma. me dnaaraignea Notary Pueua, personally ap..o ed J. Ruacoe D e, Memned of PCP lometliea, LLC, he known o me to re a member or designated agent at the limited lumblry company that axe ulna the Deed of Trust Intl aeknmvlloged me Deed of Tmsl t0 be the tree Intl vOlunlery act and tleatl of tee led'Itl Ilanillfy -di 'r by'e Whedty .f staler¢, Its onldes of an won of fto operating agreement, lar mo was an putposw tnereln menlionea, and on ram cold' That he do she Cs eu rdle,a to axe did anis Deatl of Trus[ and In act axeculetl [ea Used of Tmat on aanan.1 ma amdetl gaeiuty campanY. Notary laid. A end far m. Sate of O�_ MY ..mmieain exon.. Ti DEED OF TRUST L... N., 71 (Continued) Page 8 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF offpm I "Mob"BTAMo RDBERf CRANI CARPENTER 145 NOTAIEYPUFIIIGWEOON 44nQ 11111HRES" 9.18668 COUNTY OF _ MICdAM16610XFPIXEBAUFCXYB,F@O On this —�C� day of 20 (� before me, tba undersigned Notary Public, para...li, appoaretl Joan P. HammeC Member of WLO IT. LLL. Memicar of LULU. LLC, Intl known to me to be a member or agrignetetl agent of fns bmited Gablllty company that aaeouled mo due If Trust and aulded ledged To Dead If Turn to Ea the free and voluntary act rem, Too] of the ha itea IlabWty company, ay ambm Xy of statute. Is articles of organization or its operating egmgmenp for he uses and peryoma tharan mem lobar, rima on oath stated That he or She IS author,od m doacme this Coed of Trust and m fact —edur ed th Cees of Trueron Cohan of me am led laded, company. " Notary Public In and for the sided .f�. My commisslon aapirea 3nZtyr �_ REQUEST FOR FULL RECONVEYANCE IT, be used only who, omlsenons nave been paid in rill To: .Tua+ae The dre crelgnod o ur mgal ..no, and nether.1 If Indebtedness ....red by the Deg'of True, All Sume accrued ov+ma Dead of True+neva been cony paid and Scuffed You are nerchy rumored, roan paymam m ISI Or an sans owing to you under me tarma of [nla oeod of Trust m al or puraueto any appncemg atmme. In Cancel the Note saoured by this Deal .1 Trust lwmm Is deWmed In you noemne, wlm mma good .+ Truth , end m ren.rrv.v. wlanon, warned, Is me ald i.a daelgnmed by me term, m the Ford of Trust. the ealgle now nal, ay you under this Deed of Trust Pl-se, mail the reernoevgnco .ad H.latad Drcrments ID: ..a. _ eerertclarw _ ev: IusoNro. Ver. 1620.Oth Copr_D+N USA Fopuread ....2016 All PI pats Paservea. -0P. I.Orlcar\CFpLrdo(d FC TR -2152 EP AFSCAD EO]REICOMPAWRETURN TO: NG 811FAB�9ETALEEIMry, BILLANUETTE �811 So, cousidI1 �i REQUESTgEO A Lane RECOAD TION County Clerk SELCG Cammunlry Credit union Lane Ceranty Dead. and Record. �IF�yI 2016-069146 Conrad..I., a auamess Brands Gateway "97477 zz0 Social,O IIIIIIII III IIIIIIIIIIIIII III I IIIIIIIIIIIIIII III $87.00 WHEN RECORDED MAIL TO: 01515616201600597490050059 SBLCO Community creak union 12/01/2016 12:56:12 PM Commerce, aemaresa 6anklne-cda—y RPRI Cro Stral CASHIER 11 els IT Road. sake 220 $25.00 $20.00 $10.00 $11.00 OR 9] Bpri efield 6]] $21.00 ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated November 17. 2016, is made and executed between ACR Properties, LLC., an Oregon Limited Liability Company whose address is 555 Lincoln St., Eugene, OR 97401 and LULU, LLC, an Oregon Limited Liability Company, whose address is 545 Conger St., Eugene, OR 97402 (referred to below as "Grantor I and SELCO Community Credit Union, whose address is 925 Harlow Road Suite 220, Springfield, OR 97477 (referred to below as "Lander'). 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 Renis from the following described property located in Lane County, State of Oregon: Lot 2 of HAMMER INDUSTRIAL PARK, as platted and recorded on April 17, 2002, Reception No. 2002-030122, Lane County Deeds and Records, in Lane County, Oregon. EXCEPT: Beginning at the Southwest corner of Lot 14 of said HAMMER INDUSTRIAL PARK and run thence along the Westerly boundary of said Lot North 50 36' 00" East 312.11 feet: thence North 270 20' 34" West 44.53 feet to a point on the Southerly right of way of Industrial Avenue; thence leaving said Lot line and running along said Southerly right of way along the arc of a 535.00 foot radius curve to the right, the long chord of which bears South 690 59' 30" West 28.59; thence leaving said right of way South 50 36' 00" West 337.12 feet; thence South 840 24' 00" East 50.00 feet to the place of beginning, in Springfield, in Lane County, Oregon. The Property or its address is c. mmonly known as 4107 Industrial Avenue, Springfield OR 97478. The Property tax identification numberis 1588678. THIS ASSIGNMENT IS GIVEN TO SECURE (11 PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY ANO ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS, THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: GRANTOR'S WAIVERS. Grantor wallow ell rights or Jet .... a arising by reason at any solidsor sell de0clancy" law, or any maser which may prevent I endo, from banging any action against Grantor, Indludln8 a claim for deficiency to the -tern[ Lentler a ugairwlse chitial m a claim for Tiger y, before or atter Lender commencement or compledun of any foreclosure action, either Judldally or by exen.xe or a crew,, of sale. BORROWER'S WAIVERS AND RESPONSIBILITIES. Lentler n,,I not tell Borrower about any sctIDn or Lwcdon Lender takes In obbecben call the Asslgnmant. Renewer a ... me& the nowncouric rot bean, and keeping Informed others the Property Borrower writes any dofemses that mey ache bedause of any action or Inaction of Lenden'meluding without limitation any hours of Lender to realize upon me Property, or any delay by Lender in ,sham, upon the Property. a Terfelr agrees to remail gable under the Nom wird Lender no matter what action Lender takes or tone m take under his Assignment. PAYMENT AND PERFORMANCE. Except an otherwise provided In this Assignment or any Related Documents Grantor shall pay to Lender all amounts secured by thio Aregun em es they become due, and shall avidly perform all of Grantors Hhpadans under flay Asslgnmant. unless and until Lentler exerdsos Is, head to collect the Hunte as provided below antl ao long as there a no dotal[ ..add, this Awsignment Grantor may remain in par ..... ion and control of and operate and manage the Property and collard the Rents, provided that the granting of the sent to collect in, Rents shall net constitute Loner's mneentto the use of cash colleleml In a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrents that'. Ownership. Grantor Is entitled to receive the Rents free and club, of all Rents. leen s, liens, ancumbmnoes, and claims except as Had ... a to and accepted by Lender m writing. Right to Assisi Grantor has In, all ,art smear and authority 1, enter Into this Assignment and to assign and convey the Rents to Lender, No Prior Assignment Grantor has not prearytily assigned or conveyed In, Rants to on, color person by any l rot-ment now lnl bile. No F.r , Toronto, Grenmr will not sell, assign, .,cumber, or dhandle, degree. of any of Gmnmis core In the Ren,. 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 n0 default shall help red under the Assignment to doneet and receive me Rant,. Far this per, Lender li hereby given and granted the fallowing wing lower. and current,. Neer„ o depends. Leone, mav,end no sexe to any and of tenants of me Property advising mnmu em of Aesignmenl and dill a Hent/ to be paid dlmcby to Lenders, Lender agent Enter %- Enthe openY n n Leader may enter upon and Lek. decrease oo Pmever-be demand scroll anever-behem me Rename or 'man I", persons gable Insurer, all or me Route: mamma and carry on of legal proceedings necessary for me protection of rho Pro pony, l nmudmg earn pmceadmgs as mel be necessary to recover poseeasbn of the Property, collect the Rents and remove any -nem or tenants or other persona from the Property. Marntein the Property. Lentler may enter upon in, Property to maintain the Popery and keep the name in repair; to pay The tests thereof and of all amicus of all ample..do mcl,ble than equipment and of all continuing costs and expanse, of molnlening IDs Property In proper repair and condition, antl else an he, all taxes, assasemenls end wmcr afford, and the premiums on fie and other Insurance informed by Lender on the Properly. Compliance with Laws, Lender may tle any and all things to execute antl comply with the laws of the State et Ready and also all meet bw, roles, orders, mdinanma Intl accidental, of all ether governmental agencies affecting the Proper, Lease the Property. Lender may ram or lease the whole or any pan at the Properly or such term er arms and oa sail condalons a. ASSIGNMENT OF RENTS Page 2 Loan No: 71 (Continued) Lentler may tleem appm..... I Employ AgerM. Lender may engage such agent or agents an Tender may [lacm appropriate, elmar In Lend,, a name or In prompt a homand menage Ile Pnearly, mcluding to collector "Iapplication of Bente. Other l Am 1. ran, aer me, ria ell .In oTh., hings and seta with rouged to the Property 01 Lender may tleem appropriate Intl may act cool—hy and solely in the blew and stead of Grantor antl P, hese III of powers ul Grantor IDrte purposes stated above. No New^^ment to Act Lender shat not be mq.... 1 to tla any ul the foregoing atlg or things, and Ile fact Net Lender shell M1wo performed ons or more of the elegance acts or thing, shall wt mqulre Lentler to do any other speripc act or [line APPLICATION OF RENTS. All costa antl expenses Insured by Lender in connection with To Property 51.11 be fol Gencor s ecceunt antl Lender may pay such coats antlexpenses from the Rents. Lender, 1n Its aIle durpron, shall delete,,, the appnicaion of any and eif Rants yea by iant however, any anal Rama ra Ivetl by Lender ween are not applied m loch goals and expenses shall be applied to the maolbteesl- Au axpenatluTh,,rea made DY Lender antlerTh,,Asnm gnenL dna not elmbnraed ne Neo rRents te l oro da[erpi -aPILlitom Oil" maebmaneae aea red 1, his eahnimmem, and slap ba payamn an demand, wl[n Internal at said FULL PERFORMANCE. Il Groper pays eg of Me Intlabtadness when Locend olhe ydx paamms ell the obligations Impaeed upon Grantor under this Aselgnmenl, the Roto, rind the Raimed Dogumems, Lender 1M1el1 orecul1 and deliver to Granter a apt, 11le slsfactlen el this Assignment and suitable datemene of termination Of any frandng statement an old evldendng tandem seecu by Inatlatest In the Rents and the Property. A 'on me repaired by law shall be pale by Granton N poonitted by a mpoable law - LENDER '6 E%PENDITORES. It any antlon ar patling Is mmmenrea that ,,,to materially affect Lender Interest In the Pmhrty, or If Grantor fails to comply wrwis feet, any pen Ifthis w this Assignment or any III Documents, including but not limited to Gmnmr'a labor. discharge discharge or pay when Due any amounts Grantor as required to discharge or pay unaor this Assignment or any Related Documents, Lender I Grantor's behalf may (but real) not be theamed fol coke any action hat Lender deems appophata, mcluding but not Ilmlted to 0 amapping or paying all taxes, liens, security mothers, en umbmnws and other claims, at any time next or placed on the flans m the Property and peVln9 ell meta lot Insuring, mainteinNg ant preserving Ice Property. All such expeopm ares i ... And or paid by Lender for such purposes will Nen bear Interest et \hp rete the I, �ntler,he Nate tram the data incurred or paid uy Lender 1. Ina time of repayment by Granter. All such expenses will bacomn a part or the henabtoanese and, at Lender a opllon, wpl (A) be payable on tlemanap El be atltletl to the balance Of the Note rind be apportlonetl among end be payable witM1 any Installment payments to become due tl ring Inner Ll the term of any applicable Insurance poesy: m 19 the remaining term OI in Natep or fG aIIfinLe as a hi ght s payment wglio will be due and pryable at he Note's maturity The Assignment oleo will secure payment of these emoun6. Buon fight shall be In atlaltlon to e other rlglls and rams dies to whim Lord,, may be entitled upon Default. DEFAULT. Each of egowlna at Lend" a 'Pont, shag caner,))me an Nen, of nmaull under his AaslgnmI1h Payment Dslault Bermwer'due m make any payment when dos .,let the Ind.btcdness. ondllion mnelned In Dtbet Def.ulte. Bonn,., or Grantar laps m comply will or to perform any ohm term, malt epos = vacant a ondlean thin Aealgnmem .,,,an any of the Pelted Document, or to campry wNn or 10 pednrm any farm. obpIII mverem or c 'lea m any tiler agreement holeaer Lender and Borrower or Erector. Deleon on Other vaymema Fswrc of Gmrtor willm me Iime requireors d by tAeslgnmam to MITI any payment for taxes or I nammnee, ora other payment, - to pravam aIle, m onto effort dereaere, m any pen. Defemt In Feym of Third Pml... Borower, any guarantor or Grantor dafanle under n ny loan, enonamn of=refor security agreement, from— o sales agrenmen,, or any .,her agreemenli In favor of any titerelect creditor or person that may materially any of Borrowers any manner's or Grantor's property or ebllry to perform their respectbe DbNglawa s under this Atrapprem or any of the a,ed Documents. EnyironmBn lDeleult Fellers of any parry to of with or pAd.rm w ran due any term, obliealoR coven= no or conmtion contalnod in any envimnmenel Element lues -ted In connection w¢r the Property. Fele. $tebmems. Any warranty, repesnmallon or statement male or tumsheof to Landon by Ill or Genmr or on Borrower's ur Grantor's behalf under ThinA astre ant or the Reload Documents Is false Dr mraleatling In any maladel respect colornmv or at be time made or coupled or leoomre Islas or misleet el, at any time thereafter_ Defecdw Co"ageo f tion. L11, Attachment or any of the Raamtl Documonls oeaeos Io be In full Torre and One,, (winding failure of any collateral I cement to create a vaid antl perfected Arcot,, Iableal or pent at airy time antl for any mason. O.esff or Insolvency. The ahsolu,lon of Grantors Iregartlless me wether, eloctlon to mottle Is melol, any member wltemwa from The Pool I Iloblll I, company, or any omcr ermlhe[[on of Bmmwers or Gmnmrs commnce, as a gi boslneas or the dpaN of any ember, the Imolvency of Berrowm o or Grantor, the appointment of A oelwr forany part of eonowompe r s or Grantor's prry, any salgnmem for the Inept of creditors, airy type of creditor workout or the commencement of any pmcenaing under any boNmptcy a lopuldfor laws by or aaairnl Barr—or or Granl dasher For FodeAum Pmcesdings. Commonoemom of foreclatue or todelture practici ngs, whether by jIf icel procoading, Top help, reposmaslon or airy other method by any creNtor o1 Borrower or Grantor Dr by any governmental agency against the Rents or any progeny ae ting the Intleb,etlncair Tors In[lutles a Garnishment of any of BaroweYs or Greners eccaun[y Including tlwasr with Lentler, Rownvet Nrs Even, of Default s1a11 not I If Isere Is I Bend faith dispute by Borrower or Goner ea a Iba accounts ',Virgin, o neblenesa of the liaim which Is the bell, of lM1e aedl[or or for faults for adlny and if Bortawer or Grouper glues Londe, written ant a of me cremer or Tarboro re proceeding and deposits wlth Larderamanlaa or a Imply bona for me ayeam or mdcture pmwemng, Ia an amount ar,nrminaa be Lander, 1n iv rain ahmntmp es nee a=qua to rasa lm or bona for the dispute. Pmpany D.—ad or Lpee. The Pmpem A lost action tubae each, damaged sold, borrowed against award upon ahead, or Eveh. ents ANrtting Generale— Any of Ne precedng events el witM1 respect ,o any Eheranmr of any of the Indebtedness nr any Guarantor dies or bm ecoes I,,.m,Llent. car re—was or drspasia Ne vaGtlny DI, or he "to antler, any Guaranty of the Indebtedness, Adverse Change. A m.tedal an ... Is shaped occur In GeMora hnendal cma mal or Lender ballades the prospect of payment Or performance of maebtadness Is bnpanea. Insecurity, Lender In good faith beliwes Itaalf rainte. Cure Praviained. If I dlifauh, other Than a amount In payment Is curable Ina If Groner has not been chap r notice of n , rat of the same phy—en o1 tine Assignment wflin \ho plea f7atwelva 1121 months. It may be cured If Oraner, mer Lender sentle wnttnn I Borrower tlemamm�g cum of such Jlleurvo ftl cureA the default within Intend it gl days, or 121 If the aura lequhes more ,led there baba continue=roma )Iambintend NIe nn mnwnableex L necoaeey "all ndto prddE1 10IF 10 on es N....Dory manual sufficient RIGHTA AND REMEDIES ON DEFAULT. Upon the Dcwnenw of eI", ent Df Default and el try rime lhereeM1eo Lender may exercise 'IV one a of the fogowing rights antl remedies, In atl= to anoer I Tax or emedies promtled by law: fiooalamte Indobtedm,,. Langer .hell M1avo Te fight at is .,men without mdse to Bmmwm or Cannot 1, declare the entire Intlebment,, lmmetllate, tlue antl payadl0. ireuding any pmpeyment mrelly tet Borrower waultl be resulted to pay. COIam, .... Lender shelf face It right, whrout LLAA tO borrower or Grantor, to take possession of the Property he collect IDI Rents including amoune past due and handed, and apply tae net proceeds, oyer antl above Lender's costs, ayelnst the Indebtedness In lonberened of of rigM1t Lender shall lave all the right, proVare tot In Ne Lenders RIgot to pleall and Collect bend Secaan, chow. I1 Sea Do 'a ar cDllec[etl by Lenaeq (len Graney arm aing, tlegienote, Lentler es Grantors ertomey in fact to antlone .ed In tpnyreach thereof In the name of Gran LOT led to nego,iete the same and collect Ne pocemes. Payments by Oreancy can Othero Lentler In rexcral to Lentler. demand 11111 1. sty ,he chpgallons for ..IT tae peymenR ar mals, wether or not any proper ground, [or ee tlemand facury. Lender may ommire hs rights under this subpaogeph either in person, ASSIGNMENT OF RENTS Loan Pli 71 (Continued) Page 3 bV ogmt or )blood' o reopen Applirat flrtelver. London SM1oll have IM1e lem m have a rewHer I'mad[en to .In pwsaaeion of ell or any pen c[ the "opew n Ilot, power to prole.[ Intl "as arve [rte Property, to operate the Impart, preceding bind a aarc or cele, and to cn eliac[ the Bent, From M, Property and apply IM1e prooeetls, over and area IM1e coat of MAI reoagainst Inc lodebledneas IF. reoeNm may sorra vntnout bond II permitted by law. Lender a right to the up"I Me" of a radower moll eilA wI.Mor or not the apparent value or the Property exceetla the Indebtedness by a eubatantial amount Employment by Lentler shall not dY1dp lfy a person Imre serving ea a remlvx. Other Rem,d tender shall have all .'[let lights and remedies provided in this Asalgnrium or Nota or by Icer. ElectionidpanOnto eaeo eAd. Mid le [ovum V, Land erto Padua any 1 Grump sull nder this A,sawarm a[,a, Come se elluado eto performnn.ell neat peco,im an o saheb o Atter Laneys Fees: : E, o 0edare Gander end examine It, remedies. entitled 1. Fees: EMenea. If Lender rt may dr wry re so action to enforce any Of \rte terms ,f dr, pssignmem. Lender anell ho Ilea is d a involved, lveM1 yam as the court may apjutlge ed by law as attorney, lees at Ilial and upon any appeal. Wrier 3 or not any Vnfa and r me aaeln net Arrestor by low, all re t of its , is vin s render incurs Inas m Indebtedness n dginmri are ademan et Ind shore err me interest the or its Intarert m me date the Of its dgnta enah heoome a part at the redcby this payable NrI,l necessary and ansa nem Imereet at iM1e rvete rata from the ell ,f Ina erpenanmo antl raplld. Expenses covered hY Into landanpn glade, without gm¢mion. he w e vin subject to any limits under applicable law Lender'I aunmev^ fees Ina Lame;a Ie9aI evpenaea. re lade, Or not them la a lawamL moaning .theme,, fees and axpanses for hankrapmy pmceatlmgs unawmng a arta to modify er any aNumatm stay o injunction), appeals, and any ammlpoma poacjad roam nations, service,, In coat of ad ..hire records obtaining \ma reporter unnamng mremosare reponalr surveyors reports. and eapre5eel feed. ilia maaranpl, Ina fiaa err ms hasty', to me extant admitted bV apparel, law. (I ala, veil pay any aunt aosb, a ajery, to all other arms provided by law MISCELLANEOUS PROVISIONS. T,a Yellowing mancellaneous provisions rare a part of this Assignment: Amendments. The Assignment, together with any Belated Documents, co les the entire understanding and agreement of the parties as to IM1e matter, art[ fon, In this Aselgrmont He anerellon If or amendment to [Me Assignment shall be affection unless gMen In writing and signed by the party or pc.lea MugM to be charged or bound by rine eltereHan or amendment. Captive Headings. Caprion headings in this Assignment are for convenience purposes only and are not t, be used to mlmpret or valine the prwiaiOL, of this Assignment. G,u ruing Lew. This Assignment will be gov.med by federal law aA,am le so Lentler antl, be the ..tent [rot poste tl by Facing law, the Tawe of the $I— of Oregon wi1hOm mperm b I" ...rose of law groWaions. This Assignment has been accepted by Lentle[ in the Stam of Oregon. Choice W Ven II r is a lawsuit, Grantor agrees upon Lentler. re9uest to submit to the ji-wherim IF the mons ,f Lane Ccunly. Smd Ot Oregcd,re a Joint and Several Lial y. All obligations of Bormwm and Gmmcr under this Assignment shall be join[ and several, and ell refinances M Grantor shall ,can duan art ya,ry Gmnmr, and all reteranma In Borrower shall moan each and every Borrower( Troy means bat wit Grantor signing below w reasonable for all obligation In this Assignment Where any o a oorpa,anon, partnership, limited Imbluy o,mpam or eimuar angry. it is hat nedo.,l for Lander to one told me'-'aI' any of me brdere, ebemma. partners members, or alar agema ecnne or vamoning to a I on me drift, 0 all env an, obligations made or .mama m reuenae spm be Prafeaaea exeraae or saran powers Inca Be gaemmmea ander this Ae.ienmem. Merger. Thera snag be nI A.Mar at the interest or estate created by the aeslgnment with any omm interest or eamtem the Pmpard at am vem tome hale by er r o benefit of Lender m any capadty. without the written consent Of Landet- mm.w 1... If l m ag wsey mate mete Is more than one Borrower or Grand, then If word, .sed In this Assignment Ia me singular anal) ria tleemotl m neve been usetl in Ina plural where [he context and construction ao he'dre. 121 If mote than be person Iran, on A55lgoment ea'Ohni the Obliga\mrvs of each draper ere joint and saveml. This means mm a Lentler at bo a Borrower Longer of sue an on, or mom or Lha Grantors. If Borrower antl Grentct are hat IDe same person, Lander need not me Bonowor first end that Bemwer neer not be joined in any lawsuit IGI The name, given to paragraphs or aectlons In mid Assignment are for .meati nce purposes only. They are note, be used to Interpret or ache the pra ions of this Assignment. No Waiver by Lender. Langer snail not be tlnemed to have waived any rights under this Assignment unless such weivsr la given a ting antl signed by Lender. Nc delay or omission on me part of Lender m exemiang any right shell operate ea a waiver of such fight or any omen right A waiver by Lender of a pmwion of this AesLgnment .bell not prejudice or constitute a waiver of up auto' riglot otherwise todemand strial oomplmnce war mat provision ad any order provision o r Inns Aanignment No prior wrivxby Lender, e of aealing be\rvoen Lender antl Gran OL shell constitute a waive[ of any of Landes or of any at Cramer 0 obllga[lons as to any luture tansactions. Wnenevyr the consent of Lentler is requlretl under this Assignment the granting of duan m by Lender In any scull. shall not wna9ime centrn , consent to yubaegoent Instances where shop consent Is raqubed and Inoilel,sea soon consul may eI gamed or wnhheM in m, sale maarcfion of Lanae.. lardsons. Any notice mauireJ 11 be Anion under mid Asalgnmem sban be give, In w Hdm and shall be eltecave linen actually dollvered, up P aaally rec,ivetl by tnlemcslmlle ranleaa omorwlse required by law, w n depositsd wire a nationally recognlantl r,,,. pother Or. n mailed, wnm deposited In the loye d Fortes mail art first cloys, certified or aparpretl mail posing¢ prepold airacted to the addressed shownnear the beginning of this Assignment Any patly may change its apar ess rot not ce5 antler finis Aselgnment by giving formal witt o notice to the other Pont,,. apecnying shot the purpose of the notice Is to mange I parry's add.... For no too purposes, Grantor agrees m keep Lender informea It all Gmas of Granter 5 current atlareas. Il otherwise provided or requlretl by lnw, it mem I5 more than one Grolier, any notice plan by Lender to any Gmmor Is deemed 11 he notice given o ell Grantare. Powers of ATwney. Too vmio a w— and powers of attorney mve nyetl on Lender under this Assignment are granted Far purposes If aecadn ,ne may wv w— be rcooked by Orenmr amu .ach time 11 the "Me are mnovlo,e by Land.r. Severabllhy. IY a ,vurt of compamnt iunaeiolon land, enV emulsion It this Assignment to be Illegal. Imolld, or unenlorceable or tv any pmaon er cimurvmnce, that finding nnall rot made me orl.Iran' orovleion Illegal ba liv,,r ane dfim, ably as to any Other person II Fast die, the olfeneing provisbn shall be censidmetl modi5etl so that tt becomes legal, their and cnpymUrdided dLQ11l , the or caffecting Prov,,,, cannot be ad modified It shall be considered tleo@tl from this Aeslgnmant do any Vahitllty or arthro art iq aY the Illeaa,M. Inde city, or a erforceabilny of any pro i ,on of this Assignment snail not affect mo leoal any other pro—own of rola Assignment. Saccesmra antl A, late Gubleet to enV Gmnatlons stated it thin Assignment on transfer of Granter s Interest this Assignment shall ers Ownership of the Property be b ndhngotheruthao Grantor lentlep ywlNofit .1m n,tice m Cranto. parlear has p mayydoal wdith Gentor a so... Ill remreners mytmu pssignmem and the Indebtedness by way of forbearance or cRa no l on without releasing Grantor from the ston'fiew of this Assignment or llahlll Ly under the Indebtedness. Time is of the Essence. Time is ofthe esyenca in in, performance of this Assignment. Waive Jury. All parades to this Assignment hereby waive the rill to any any I nal In enV action, proceeding, or eounterolaim bmulm by any Arco, ...trial any other .by. Walver of HomeamadExsmpgon- Grentor hereby variety and waives all right, and forever of the homestead,.emmlcn laws of the state of Oregon as m ell In debtor do,.,pronod bV this Assignment. Waiver of PlgEd of Redemption. NOT"' HSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS pSBION MENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURC ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON, EXCEPT JUDGMENT ASSIGNMENT OF RENTS page 4 Loan No: 71 (Continued) CREDITORS OF GRANIDP, ACOOIFING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINfn ONS. The blldi capllaliead wortls antl turns adir M1ove the toll owln. meonlni when , I In radthid 11E.1o.1 Unless oratorically stated to he cannery, all references to dollar amounts than mean am aun6 In lerNul money of the United Surfer of Amedc a. Wotda and forms usatl in the ,Insular shall melotia the Time, and the plural ahell )salads Lhe singulaq as Me concert require. Va may ords and terms not burrv,se defined in this Assignment shall he,. Ne meaning, andmarve to such terms In the Uniform Commented Can. AaeignmenL Th. word daydreamed, macre this ASSIGNMENT OF RENTS as his ASSIGNMENT OF RENTS may he ardi ur modlflea ((am time to time, together w 11 all eohnily and aohandled atRched m this ASSIGNMENT OF RENTS Imo time m time. Bonawm. Th, word "Bo vower" means J. Roswe Divine l Job, P. Hammer; FILE, LLE; LVW 11 LLOf and All Propenles, LLC. Default The word "Develat means In Default set torch in toe Asalgnmem In the section titled "Default". Nem of 0afauR Th. wortls " Event of Default' moan try of the events of all set forth in this A... anmeot In the dofnult,eotlon c, thea Aselgnment. Grantor. The word "Grano! moans ACP Properties, LLT; end WLU, LLC, otlatlon parry oY any or an of the IndeDeadnered Guarantor. The w 11'Guarent ei urea, any quare,"', smelt', or acmm Gumanty. The word "Guaranty" means the yeamnty from Guarantor to Lender, including without li mita tion a guaranty of all or pan of The Ems Ind,btadness. The wortl '9 nacbaedneas" means all to n[ip aL Interest and did er amounts, costs and exporees nayabde under\he NDtc or Redatetl Documents tog,ner with old aboyass et, ..'mala, at, modlticado ne of, coneolidhoNote 0lone of end subs etude ns far e or Related Documents -J any amounts depentled oreM ail by Lender In iderm'ge Gmnmr'6 ohllgadom orexpensee Incunetl by Landes to enforce Grenous obllandons .,bar de Aseanm"nt together wild ince m cl on such ah,.L,a as tweaded In this Asslgnmam bar The word "Lendnr" means SELEO Community Cr.dh Union, its auccessats ata assigns. x"u. me word "Nate^ s [ne pmmfaea, nam dated November n, 2"S' In the amlgllFlaenanitia al aanouns of gtt of $1,233,]50.00 In Burro, e m lend,r garner vein al renewals o5 enens�ona " o nsolldadnre of and oubadturona inti tha peduseery nate Oregneemant ata to all mo density as described m me Property. The word "Pope"' ell Of Glenn's dg A, ',it, and Interest In Assignment 111han of this Assignment oulal antl Related Ooouarmal The whold "fl stated Documents" mean all normal notes. creak dra.manner nen og mems ; anvlmn ma her agreementa, " .'dares aecal agreements, nadRands, deotlt of frust, sa,diry io all t agreetl tleum oenta, whether now m M1ema Re r a sidles. adsorbed In connection will the Indebtedness . Rentsimand, ments and under any The word "Ranh" mama ell of Grento res pre sant antl tutu, dghta. lfDealers. eallrs.Trbon uses, eocoonV mob Noble sus, E, cunt, Future I .....'maturing, Remot and wdh out gmimtmn et' Fanta, nevem,, ,acme, Ieaue a. ro deposits, advance renmla. forma and pmcnaas from the Property, a,tl other pavmems and handle derived or to be ae'roea bora such s of very kind and nature, whether due now or damn mcWtllin without Rmtaron Omni a Rini to enfi rce soon leases and to arse and amdear fav mgt and pmcaem mereunaer- AN THE AUTHO IZEDESIGNERN HAB CAUSED THIS ASSIGNMENTTHE TO BE all AND EXTHIS ECUTED ON B HALF OF GRANTOR ONIY al AS NOVEMBER 9, 2016. GRANTOR: B7R7ft_ �-LA.. FaMP.-ser LTC DRI srwrE OP� _ l ROBERT CFWO CPfiPENTER I55 NTARY POBIIGIX✓FOON GONMWepN NP 9/9669 COV MV OF _.. — l MI Cd.IMISSWX deal AflCNfl.2040 yi?on Ines _ �^ deY or ,Lala 20 I� e before Tn, Inc antlgad downgraded old Public, Vnrcon ally ap Ve tl J. Pos coo OINno, Msmbet of PCP Praperdea, LLC, antl known ro m 'a bg a emner or old" er Ae ,an heti liability ori ny that exewred the ASSIGNMENT OF RENTS and acknowledged the Ad" ma., Io be Ne rrea and a mmary act and dead of ins fimttetl is,, he vamped, by authority If stable, Its artldea ororga nleatlUn orM1Llts Aop�ra[In0 ag red In fears xe[ sad ane pates.¢ (nerals mentioned, end on at s .,ad (het ne an she Ia ourM1adaetl to exec le t gnmonl an e e ora 1 Ass.anm.m^onbehalf of the mmree Xaennv acmpanv. dea By F MYcoBmf V Notary Ron do and far m. Sea'. of OFFl0 SEES _— Mr ggmmkalan eaphaa_ � ASSIGNMENT OF RENTS Loan No: 71 (Continued) Page 5 1 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF OFFlG49TAMP ROBERT CRAIG CARPEYfER I55 NOTARY PU&JGOFKiCN COUNTY OF 1 OOMMISSIONN0.9d8668 MYCIMIMBSINNEVIgESMPPCN23.2gY0 On this V'~ day of J �W��e kme. ma unaerslgned Notary Public,personolly appeared John P. Hammer, memOet of LULU II. LLC. MamCer of WLtI. LLC, antl known ro me to no a member or designated spent of the Indian tariffs company that aracutntl rhe ASSvibl T DF RENTS and mad—hobsd lha Assignment to be the tree or ,clumt am and dead of IDs limitatl imply m -p rry, by aothonly of statute, it articles of organization oris opamtlgq agreement for To 111, and purposes therein mentioned, antl on can skated that no or she Is authorized to..so me this Advil and In fact ad—ted the Assignment on behalfofthe limited liability oardi BY _ }5�. _ gasi0ing m Notary 'Public in pro far the State of �([GN Mn Nay canard -ion expire — f LaaerPm.Ver.1620.01i Boge D+H-Su, CCOPorctlon 1967. 2019. All Rights Reserved. -DR6.1HadhreTCFl\LPL\G 1 A.FC TR 2152 AFTER REODRN NG RETURN TO I CASCADE 411E COMPANY 011 WILUMflTE SL. EUGENE, OR 97401 cT 0-959aiD. Sty -)9/9'7/ KR RECORDATION REQUESTED By: Lane County Clerk SELOD community Credit union Lane County Deeds and Records 2011.044141 samuraiA Par .... BanMina-Gateway Commercial HBoniness B25 220 $52 00 so roma, OR 4/477 IIIIII IIII111111111111111111111111111111111111 IIIVIIII VIII IIIIIIIIII IIII 01573487201700441410020023 WHEN RECORDED MAIL TO: 09/061201101:50:18 PM SELGO Geometry crack Onion RPR -MOD Cart_l Stn=9 CASHIER 11 Comer ... ial a amines¢ Banking Gateway 925 Harlow Road, Snit, 220 $10.00 $11.00 $10.00 $21,00 Springfield. OR 97477 FOR RECORnER'$ USE ONLY MODIFICATION OF DEED OF TRUST r#or4Xudbdsoas1 2D 17%0071 THIS MODIFICATION OF DEED OF TRUST dated September 1, 2017, is made and executed between ACA Properties. LLC., an Oregon Limited Liability Company whose address is 555 Lincoln St., Eugene, OR 97401 and LULU. LLC, an Oregon Limited Liability Company, whose address is 545 Conger St., Eugene, OR 97402 1"Grani and SELCO Community Credit Union, whose address is Commercial & Business Banking- Gateway, 925 Harlow Road Suite 220, Springfield, OR 97477 L Lender"). DEED OF TRUST. toner and Gomer Lave entered Into a Deas) of Trust dated Forbor e, 1, lot 1Me "pard of Ireal "I wh,Fh has been recorded rt, an. Connor Card ad areoon, as ronews. una Or Creed mammon. dated Nevemb.r 11, 2016, and ....rend Dao miner 1. 201s, in Lana courtly Dema and R..nrit, re Diameter Number 2010-059748. REAL PROPERTY DESCRIPTION, The 000d o1 T ... r.overs he retire,,, described reel nobody Io..top In Lane c..nty. St.'s of Do," Lot 2 of HAMMER INDUSTRIAL PARK, as platted and recorded on April 17, 2002, Reception No. 2002-030122, Lane County Deeds and Records, In Lane County, Oregon. EXCEPT: Beginning at the Southwest corner of Lot 14 of said HAMMER INDUSTRIAL PARK and run thence along the Westerly boundary of said Lot North 5e 36' DO- East 312 11 feet; thence North 270 20' 34" West 44.53 o 3 feet to a p Int on the Southerly right of way of Industrial Avenue; thence leaving said Lot line and g along a tl Southerly right of way along the arc of a 535.00 foot radius curve to the right, the long herd of whmh 5e:ecs South 69 59' 30' West 26.59; thence leaving said right of way South Be 36' 00' West 337.12 feet; thence South 84e 24' OO" East 50.00 feet to the place of beginning, In Springfield In Lane County, Oregon. Too Pool Pmper[y or it, atltlress Is commonly it a. 4107 Indbil Avenue, E nnobied, OR 97478 The Rea, Properly las mmapmgon nomber H 118aara. MODIFICATION. Lender and Cranfor d...by m.dny the Used o1 Trust as follows, Etlantled Maturity Date to Dagenter 5, 2012. CONTINUING VALIDITY. Leader as renewals modified .Lose, the terms of the cribbed Tryon .f Treat hall remain usimem ed and n lull force antl effort Conant by tender to this Mogrear on docs not warms Londpr'a right to reyuirc armor perlorm.ne. of 11. Dml of Tutt cbarued abom oMi9ate lander make nby rut motligcadone. young In 1M5 Motllflca shall c li.fev of the premissory note or other creditIndoor semred by IF, Loyd or Trust Line 'Harder . It I. toe Inrendon of Lentler to9etain as hab,c all perta toe Dee,] arTru end„ pe aronever n and sudor o the Net ...Lon modal n par .,less nw a pi is muay released by Lender In yiting Any of n endorse. idud,,ig acconnompnon makers, shall not be slarsed by vund of this on Inartyltim, Ir en who added the original Deed of Trust doer not e,go the Mndfirsaior. then an persons signing bolted eckn..Ibdaa that this Me[ s u— nnIIY. Learn on the recta o Lender that the signing par the changes and provision,roll MenMudilic other ne will not be releem nbyu Ibis us.rvo r applies net only to any moral extenemn or modifi..ton, but also to ell such 6ufrequent around .w GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND GRANT09 AGREES TO ITS TERMS, THIS MODIFICATION OF DEED OF TRUST Is DATED SEPTEMBER 1, 2017. GRANTOR: ACR PROPERrM Y)L.LLC� J. Ra¢[ae Divine. MemFeElaborate, LULU LLC LVW II .Member of LUL0. LLC John P. ere Memberof W W R LLC MODIFICATION OF DEED OF TRUST Loan No: 0071 (Continued) Page 2 LENDER: SELCO COMMUNITY CREDIT UNION X4 Creole C SVP Usedide & Runaaaa SOIMons y _ OFNGMLSTAME KRISTINA ANN RICKAROS01 STATE OF �J-'��C�-J _ _ I CONMISPVB hall it 10 ISS WMON EXPRN N091E010 COUNTY OF �U l��-- _ I 'l� MYOOMNI6510XfFPIAESDECEMBER It, 1 On Imo ASyC Ja, ct All es- ' 20 A'C her,,,, me, the undersigned Notary Probes ,Itm ..11, appeetl J. Poe a guys., Member ro r eF ACR Pper end knownc be er mbar r JnvlgneteJ all of the I' mins hounhity diamparry thatd the cent t of Dead of T ,to ankrimaddi the sourricaten to be thefree ad oclustery - -antlJ tlln l"dl'bl'y byaM1YY of areoperating9 f n santl p post_ b onoJ J b rated than be or ahe 'a b tl o executethis Mode eros J her . ¢I d ton reJiliY .JpE.,M1 of lbe M1'l , p _ OF 1 M L^ueh pIJ a -N VWh.� Notary Public In and For the store of d 4C}CN-,-_ My amnmisimn ewires STATE OF OF \/('C(p�_ ROBERTCRNG CA Gallaral en COME,�ARYIONMD.I SPIE 756 �,f/BNI�NN81&OH6pNRF6MPRC�N T�d.40N c0urvThy of 16"o 1 Dn The 5_ A do, or 20 T7 , berora ma. Ne nndnmianed Notery India personally appeared Jonn P_ Hemmep Membe ,yLuLull, I.I.C. Member of LULU. LLL. and dyed- to me ro be a member or drabbest agent of the Ilmlmd Iloblllry Compary tbat executed the MoarecaUon et Dead If Trust and acknowledged the Modlflcal to be the free enI volun and 1-1 at [In Ilmma liability company, by authority or c articles of organ oprr agreement, far the ano par s tlrer mentioned, endo uaN s sled that ba orr he w amb areal 1. execute the U.1oua9on and n hq "" fill in, Munificence, cn bahah.11he hmtted Ilabillty mmnany .I bar -./-- Radioing at /.l IX Notary Public in dna for the smm ofd MY a mmtsmo ,xpb.. LENDER ACKNOWLEDGMENT oiFICIRLSTMIP KRISTINA ANN RICHARDSON 6TATE OF VQ_)CyJ _ NOMAV P19l1COREDON ISS Cal EX10N N0.MBER It COUNTY OF �l)y-�- I Mf4]NMIEEIONfNPIRF60fUMBEA II, POrt On Tie tlay or "0-1 20 lAc- tabor me the undersigned Notary Publle, personally area Craig Corrosion and known to me to be the SVP Leading & Social Scribble, authorized agent for SELCO Commodore Credit Orioned the witnin end for and acknowledged aai it Ise o be the fro end volua arY m Na a One tl 1 reed Cashmere' Credit Union,duly authorized by stated Commonly e tl du hough - dead f directors bad in q and P p ma - odor setae that he or aM1 M1 - ex 'a '�tmmem �`a M1' sued M1n S COC munry CreJt Vnon. ar r�V�"4dG Pn� Ir�Rndangm Notary Public in and For the Stam Of L+' iii r.J._L be, eommithe n aspires LeSerPm, Ver 17.1.50.089 Copt CLH USA Corporeticn 1997, 201]. All RiyM1La Reserved - OR C'. WnNmndoRrLPL\G2D2 FC TR -22]6 AFlE RECORDING RETURN TO: O 2 GSCADETIT[ECANY all WILLAMME &T., EUGENE. OR 97401 LT02g599Z- KR Lane County Clerk 1 C Q'I Lane County Deeds and Records 2017- 0VO IIIIIIIIIIIIIIIIIIIIIII11111Jill IIIIII IIlfIIIIII $107.00 01692144201700608700090099 RPR -DTR Cntcl Stn_9CRS 12/1IER 02017 0112'49 PM $45.00 $20.00 $30.00 $11.00 $21.00 RECORDING COVER SHEET (Please Print or Type) ----------_------------___._-----------------------------------_ AFTER RECORDING RETURN TO: Cascadeitle Company 811 Willamette Street Eugene, OR 97401 1) TITLE(S) OF THE TRANSACTION(S) ORS 205.234(a) LINE OF CREDIT INSTRUMENT 2) DIRECT PARTY/ GRANTOR(S) ORS 205.125(1)(6) and 205.160 ACR PROPERTIES, LLC LULU, LLC 3) INDIRECT PARTY/ GRANTEE(S) ORS 205.125(1)(a) and 205.160 SELCO COMMUNITY CREDI'I't1NION 4) TRUE AND ACTUAL CONSIDERATION 5) SEND TAX STATEMENTS TO: ORS 93.030(5) - Amount in dollars or other NG CI IANGIt F-1 other 6) SATISFACTION of ORDER or WARRANT 7) The amount ofthe monetary ORS 205.125(1)(e) obligation imposed by the order CHECK ONE: ❑ FULL or warrant. ORS 205.125(I)(c) (Ifapplicable) ❑PARTIAL 8) H this instrument is being Re -Recorded, complete the following statement, in accordance with ORS 205.244: "RERECORDED AT THE REQUEST OF CASCADE TITLE COMPANY TO CORRECT TIIE LEGAL DESCRIPI ION PREVIOUSLY RECORDED IN BOOK AND PAGE , OR AS FEE NUMBER 2016-059748 P M REGARDING RETURN 10: . GOf TITLE COMPNNY 811 WILLAMETTE ST., EUGENE, OR 91 QSid,- c��Jl1L RECORDATION REQUESTED BY. amad Cail60....p Galan Lane Count Clerk y 2016.059148 County Deeds and Records b Banking -gateway Can a', Sol 925 Hallow Road Suite 330 a', oven. SpunBfood OR 910]] g1Q2,QQ IIIIIII III IIIIIIIIIIII III (III IIIIIIIII WHEN RECORDED MAIL TO: sELCD cemmpnhv Cour Oil,,,121011201fi 01616514201600597480080084 1216112 PM commit a Bogiblae Bankm9-Grantor RPR -DTR Carl SUPER CASHIER 11 925 Hmlaw Roatl. S.A. 220 S preefold. OR 91477 $40.00 $20.00 SIO.Oo $11.00 $21.00 LINE OF CREDIT INSTRUMENT LINE OF CREDIT OECD OF TRUST. LAI The Deal 11 Treat is a 1INF OF "hill l' INSTRUMENT. IBI The meatmum pnnolpal amoum ,o rte I'd ,I pompons to ins Nor, Is SL29S]bD. ICI 1 1, [crm of the Nola oommeocea u, The date of this Eager of Trust antl ends on AJqusl 5, 2077. IDI N Them amount amouin be enoticed 'ma'am m m a Nnra nay no —Ober be aboard— necessary le cm ,plate mnanuctinn of prem'owly agreeo upon Impmyemen6 on In he. four,. THIS DEED OF TRUST is dated November 17, 2016, among ACR Properties, LLC., an Oregon Limited Liability Company whose address is 555 Lincoln St. Eugene, OR 97401 and LULU. LLC, an Oregon Limited Liability Company, whose address is 545 Conger St., Eugene, OR 974021"Grantor"); BELLED Community Credit Union, whose address is Commercial & Business Banking- Gateway, 925 Harlow Road, Suite 220, Springfield OR 97477 (referred to below sometimes as Lender' and sometimes a "Beneficiary): and Cascade Title Company, whose address is 811 Willamette Eugene, OR 97401 (referred to below as "Trustee"). Camey.... antl Gmnt. yalunnla c naitlarntion, interested in on, Note dated refusal 17, 2016, in the original principal of sL213310.bo 1rom Borrower 11 Lighlor Gram*. conveys io Tmarae for the beneIiI al Lend,, as Benetton... nl From. IUnI, Alla. antl L end so Pc following desmbetl real p together With all existing o subsequent eor alrixed lorianes, impto ,to no fixtures, all easements, btms of way, and appur ananco ;all w—r w er rights and bitch lights fuer auk Ir nun. vitn Had, irr,M dgnt antl all mnor riga¢ saltie and profits roadng to the n a mineral,. oB an geothermal and paper manors. Ithe "Real Property' I located in Lane County, State of Oregon: P• Lot 2 otr No. 20 INDUSTRIAL PARK, as platted and recorded on April 17. County, Reception No. 2002-030122, Lane County Deeds and Records, in Lane County, Oregon. S.P. EXCEPT: Beginning at the Southwest corner of Lot 14 of said IFHAMMER INDUSTRIAL PARK and run thence along the Westerly boundary of said Lot North 50 36' 00" East 312.11 feet; thence North 270 20' 34" West 44.53 feet to a point on the Southerly right of way of Industrial Avenue; thence leaving said Lot line and running along said Southerly right of way along the arc of a 535.00 foot radius curve to the right, the long chord of which bears South 690 59' 30" West 28.59; thence leaving said right of way South 50 36' 00" West 337.12 feet; thence South 840 24' 00" East 50.00 feet to the place of beginning, in Springfield, in Lane County, Oregon. The Real Property or its address is commonly known as 4107 Industrial Avenue, Springfield, OR 97478, The Real Property tax identification number is 1688678. Grenrm pre,eTHE assigns to Lender taiga known os Beneficiary in this OttN of trust) all of Greater, rig1C title, and Ir[or,,( In ,ntl W au present and story lea of the Pmpeny antl all Rant, from tae Property dtlidon, y. In eG.enM Hong v to Ltle en, Unlfnrm Lamm mcd Cob, --ar, ere,t ne, Persmal 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 Ill PAYMENT OF THE INDEBTEDNESS AND 121 PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS ALSO GIVEN TO SECURE ANY AND ALL Of BORROWER'S OBLIGATIONS UNDER THAT CERTAIN CONSTRUCTION LOAN AGREEMENT BETWEEN BORROWER AND LENDER OF EVEN DATE HEREWITH. ANY EVENT OF DEFAULT UNDER THE CONSTRUCTION LOAN AGREEMENT, OR ANY OF THE RELATED DOCUMENTS REFERRED TO THEREIN, SHALL ALSO BE AN EVENT OF DEFAULT UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: Grz a flea antl War Ga s that lel this Deed at Tan ted at Bur antl n the rIeque ofLen ratan Grant,,hes me wu p yigl6 and rumor 5 read or I Propenyls me pro m 1Hee t Iran Doe - a defeat Innbmn n Gre antl o 'Fruit I talar 91e,c handler n dee porde, appn[oolo o Grantor,s IT lea nos Isogebea aaaqua oble...He from Dor ine be, IInformationabed For lel a and ,lel Lend, nes Here no accelerated a grantor neut Borrower (including be,,, limitation Us aropidwo, -mass cf Bmmw,r- Gran s warday Grantor—,yd a l rent, or defrrees adain9 byren of sro ", mwend dw lem oTMi may devout Lender from or aging am action against eromor mal,omg o YeT fortJohno cy a thent any , eines midnl alai n ler rage, beMu or aIle' Land , s cmnm„ cement u, co nII,bur cl „y omelesIIra aouoo, rimer judicially or by exercise of a power m solos Payment and Performance. Except as otherwise pd,d,J In Ibi, Deeu of Tmrl. Borrowed d all pay to Lender all indebtedness secwed by the Deed of Trust Jodall u Jill and For ,,a, antl G...por encu .ee,, aev ve "Prad,UNLi one paean the Nola, Pis Oaed Theirandhe fle Mendel l oos Lemen a. Comaunnes Mortgage. This Deed of Trust Is a mortgage' tot the purposes of Sections 4331 and 2A309 of the Jnibnn Commercial Cede, as Pose sections have been adoral be 11a State of OMgon- Pm mit Mei of 0re e PHot and Greater agree that Ronowa, s one Gmntor s Los nagana n'M um of In Property mall be gavelled by In, Lot ng pro.....no Possession and Use. Until the eceuncneo of on Event of UcfoWl Bmntrr mgr lel r antl —I of lis Premain m H eacl opi,p Fathel 1e a operateormanngnthe PrepnnV antl Id vJIeuLIM1eRand from lna P,oyeny pratscorerslaW r' rhe use ul d,e Property or to order Indication on the Property. BEFDRE G Folne U ACCLPI IVU HIS SNS I f UMINr, THE PERSON TRAN9F-RRING FEE TITLE SHOULD INCT ABOUT -IT- PERSON'S RIGHTS, IF ANv, UNDER FEN 195.800. DEED OF TRUST Loan No: ]i (Continued) Page 2 195.301 AND IDo JOE 10 195 326 AND SECTIONS 5 TO 11, CHAPTER 620, OREGON LAWS 2007, LEO IIONS 2 TO 9 AND 1], CHAPTER 655. OREGON AWS 2009, ANY 6EC'I01S 2 TC ], CHAPTER 5, OREGON IAW2 PA10. TLIA INSTRUMENI Y0ES NCT ALLOW USE OF TIF P30PPS1' N (HIS VS1,UNENT IN VIOLATION CF APPLCA9LE LAND USE LAWS AND TY SHOULD BEFORE SIGNING PH ACCEPTING THIS "TRJCOUNTY MEAT, THE EPA ENT -0 VE ILL THAIFTLT TO THE PROPERTY SHOULD CHEON WITH THE AVYHERELLY CITY OP COO NTT PLANNING L, A PERCENT TO VERIFY THAT THE UNn OF LAND PIING TRANSFERRED ISA LAWFA LLy ESTAF1 CEL, O DTE VINE AN LI DEFINED IN OPS 92clo GAA OP 215010 TO VERIFY TPR APPROVED DEF OI III LOT OP PARCEL, TO DETERMINE ANY LTHT$ IG LAWSUITS NFI AGAINST FARMING OR FOREST PRACTICED, A9 DEFINED IN 195 30,930N ANC 0 INQUIRE 195. ABOUT THE RIGHTS Of 11, CHAPTER PROPERTY ON LAO IF ANY, UNDER 2 TO .9 A D 17, C AND R E L, R 195.335 AND 09, AND fi CO 11, CHAPTER 620. OPERON LAWS 4007.010.SECTIONS 2 TO 9 AND 1], CHAPTER 666. OREGON LAWS 2009, AND SECFIONS 2 TO ], crvnYleH e, aPEGYN uws zea o. .any o shill Gra arw Property n R1111hSle con Damn ane promptly perform all repel a depacormnnm, ane mem w.nnLa nAd t ......ve....... . clarges o With Env tai Law Gra represents anew o Lanaar that: Ito During the period of Ore or bee Property Chef 5 dor nulav rage. n 6aposal, telae .bee aetl of genundaa ma any.. List IrBoost.... ,eany pxcept arson un, under, about or Imam the Pmpmrygt 11, Gmn.or M1ae no Mn a age re m reason In nelat a (nal Nem nos Bob,,dean, except as poll ,,, 9-pood t0 and ackcture, gea Il wnaer In lisp Il any rre oor r of d, EanLIT...I l Laos Subs Ic e, bout or n ¢ tllspoeal, release o violation or urn of airy al or threatened Substance onuuntloL oboe or I it T manufacture, Cv xn nd in of mu Property, or any d -, or i,k,,wl d ,dlitigationLed deems of any kion nye y person orraising to and I Except cater hurtfgh, in antl acknouse aetl by Lender writing, If neither Gra any ton .,Fit I, other under beat of Ina Proper arta((, nufaot a teddroof o ..lee any Homichhe liberal Substance no nI la n Pro ane � ng a i�riry aM1ell be endue Dollen ran all ajonalhis loner and local law, Lun t outordinances,io including —theart all Env ental Lawsas I vmor s Londappropriate n ogon upon mo Pmpem.o make ucn In enJ le at Greatereven slander ytlaPe ropria net Dolle of Ina Proper of Tru Any ,spec Mede byLendermall In for tendon Vol only and she I net bit mnatrvaL 0, meele ur h5ibiltty a, liability Inn part of LafGarto Granter or to any ether . The sad on Gra 5 due diligenceesbgatno To repreaedfannna nd ,v pram nnnmlro e,pnne Propene for Homraous SUbsoowz Gmnrofbnrury Irl re—, eau welvea any any [liters omlms against Innen II r o inl or n ine . I London becomes cable for Cleanao cner anter nen a all m> a Innen nder may arena thole n mora s5alm env dna rig clai s. Ine,lsilih Rugae exp n wn.m Lender gene v malremlma amfer resulting no nbeachof role aorme Ddea ni lana eetaA ofd e, eon nathm e same emasor re e end telae mn.g ertdr o Gro rsnp taloa, Molal Ina=d e, � ,e one t erseowbb Innai,tersg� mns Th Pmpemi t praror not Lito d was or d,f,,,hould neve ll known to ,mer, a The nde it:mess lnid eee non of me nand —o Inmuaing o ob ofd hq toed am nlru nnad shall. or b ,affect ria peymam of line meaIf any and the In the Prod dna of mar of her Deed of Rust and Anau na'. be affected by lends a acquisition el am nlerca..n me Property, „Wawa, oe mrearAare or omAlwlv.:_ route snag no,111,1t or permit any na 1.'I'Mlt o Wafter am binding o1 or im so ma Property or Dry o.uht to theem in d1Y _ Wim dun...1, ngn h gmo�q of me I ar,,Eg, Gramma oval no re in eye, or gra ,nmotherLarry,, pang ten right to emb,., mmarDa emdoaiog an nna Anal, coat lay. aco,n, deg, areas or rock prvao,m wilnoul Len e a a ter wr. en eonniv. Pam vel of Improvements,Gro also, I demolishy Ito a Tom Int Pear Propertyaboutwander prior As onJlalon o NA vel oI ,is land -mento l enls, may rugine Grantor m make IrangnmenW , hufarm y to Lender to replace spin Improvements wlm Improvements F at lavt ,,it value. Londe'a lance o En[ Lender and Lender aged and raprn the Peel Proper at III 1111111fig, attend 1, Land,, .a Rad to urepoc. in, Peal Property forpurposesof Grantor a compliamewith Int terms non 11:1. firmus of his Paul aI T—L,e ..ria oca v d, oovemmamal Regaaemenrs. 3.nfit ,pall promptly eempp ..In al Iowa, ordlnd—O, and regulnnots, new or hamofryones a ies of all mI as h nuo A chat- the of Proper final Including w,front he Amedoare WDig un abilldeb s Act Grantor apVwntesm thel.ln gold (alio an ,on law, ordinance, or regulation and whlhold c during any proceeding,,,Indian appropriate appear,, an log a Cona, tire notified I ando, n thing p ou "if aulei n Lender opin aturld Leadermay rcauireoGreater n pas edegue a Lacer,,, o a sumN Tell, haamabl, un rata W to Lender, o pm act (larders m C... Duty to Protect, Gm ogreduld abandon or lea endol the Proper,, Gra all do all other milli pIP., thoa t fort erol hikes Aept.an, when from in, character eta tea e1 ma rope rte , e mase- nN i an—Y to �o.,c unit ptemeare in,, Property Con n Loa Its all of the pro eels of me Ito marine me Inaebedne o be used to of Dry Ito m, Pm me Improvements anal bo mplcna n _ thed ,It, a,r if III construction m lo, tzerh aarler dale xs Lender may mesoenoty eAfabuanl goo Grater all, par m wg enlcmalxhaii d expensea In connection In all will eels under Loch a add aonaNan s Lender may dee ally n One ma rear1, tonin Deed of Treatlat Myr x. pval11, 5a .load, In,,,ohm mill capene may, a among mmga. Nfxe..ebur requests ae supported dvran upon Iibin export arra w.u, wa.ve,e ur I:uny lonswepn pro9ae ,AEntry dna earn that ae,vmenmmn v L„aur may reasonably pewee . D2,on Sala - Consent By Leader ender may, at Lease, option a,clnr iud2mly nae and payable d by in o„a eI Tra lrun anit iAfer without Lender, prior Rola a Reel Pm n he Real Propene_ nolo nshi' .tie f Real 'mostly adeno el Priority and be, to Cem or alta p -1, chnorger land ind gasbenetlaldeorequltepa'.v eater Dry; three o Tyto, fnlsale,dse—In I (r dead, Imsest i 1. wiinnd n greater than three PSl V or brally—y 1111 or Wrest of any 0 al Property rt y Ieml T snot o the Peal Pre or bye of c vor n IM1e Peal Propefty. However is op9on shall not d, oxpresed by Lmtler.. such axemese w pranlbLlntl by leherel law or by Otegnntto. . Taxes and Liens. Tna following provisions totaling to in, trials eta Lana on the Prioritya e art of LTV Dead of Tmal_ Payr Cart- able day when due lana In all n s prior oelnn a'I 1 apaC char be add, star old,e we U. linea dad lmpogrome lora t o axe,, rhoul aaaea... do. all gee gal y. Gr Pinotfay. dna enau o wmo el free f a Let ark no- r ver. „ae,ta o of Le Rotation vo mea Lapel r e enaee maintain mo model im of,. M1 hr's old epriorityyes, over m equaltothe d in ran Brad Lender under anis Daoo of Trust, except for In had nixes enJ assessments no eee antl enoeptas omerwlse provided in .Ms Good of Treat. Htal to contest Grantor may wLmnold potnum of nnytnx, o - wM a good faith dispute over ma Blame o pry, as Tong v Lender .the P dourly v o1)eo Idrd-tl call celled a Hled a ault of ..nay -,,el writer flee n 1151 tiny,aIle ine lie II a lie s plan, whhln fifteen Ilbl days after Ore n elLaa or che,orporate no a of tietrial,o soCWe me discharge ,or T,ry (len, de I i mgeecoldmou by LenoeC deposit with Lender opM an ectad of drool cry bone o ctM1of -sty eatLsfac ena,r a,Hic o aimnarge me lien plus and nary, rod - argro ,,to a duh it mouth sale under the gen In and contest, costs „a .Esau e 1, Lender all Oil,c. ,save iad,m t bemr ngnlnAt mo Pmndnvo aroma, slvvpe aroma uahnaAr as e, aeamd-A. obngne ludo ,ry su e.v bond wm.ssrn n me cum sorCemeen[uhg right a eat rd -e An 1,,d,noe of Paymam. Granter snap apon contend h✓mffi m 111 col emao,no of payment of m evsaan,pa ra aneg a there, the eporvo- umemal alletal IA delver to Leiner a. any time a wnt@n statement at No DEED OF TRUST Loan No: 71 (Continued) Page 3 nxm and asanasman e pore -11 t o ,[potty. leadell If Gre shall notify Lender stI n (Io I,,. befor .as A we, c nanetl o any m ..Nicetothe Property, if mechanic alien arlelmy a Ilan otherIll uldobov tort hey are alt wsla and Te seas 05,0G0.D0.a nIll upon roque of Lnnaer Iwnlsn Ip lir Grantor �nee�on�tanoa �.zrma... �z,n,ail-a p,orvat=rimer ma_ �ra�mr ran and will Dw+lie coat lir sill impmyemenm. Property Damage Insurance. The [,proving pmvisiun e allatie ylmeuana in, Property arc a paidof :his Deed of Irust. far I..nee of 1—.r..... Grantor anal) procure one m poll,;,, of fire In with standard o tended r: ,rage endorsements on o repmc—cm basis lot fou dambe,avby a a, L all Improve onto on m, Phil Properly In aufHal void armil ofd oma ena vin a anom ,loll n fav ,Veneer_ Grx msnell and m comprehensive gen rel mand,I list roes respect Piro Tm and Iandar maintain mea a aaaa nal general read uch lability In Palm Add tineu'h Gra Fall maintain ,mar nommng d1L t limited to der in mole insurance boner g Lo Policiesnsneu be nom, r ..I and nae hoary a wptremee o Lena and a mead ray o moll nznly eplxmemo Ln d,rry Ora apo. oaf Lnneer .,IT dally o lender Tom n the point -moa satisfactory o Lam luame sdwmt that win t t lie vetaGh -roeendMdit an II coveragmeridianr am Luys ynarw(IIonor Neiony.r, Cy ane um tiepall.. also shall Include an an— oranysmash person me l.o ver age In I"it byna.rned not IF Imp oundIn env way Adm,orfs t,rIflth Federal taregency any a person Bnoula the Peall result be Iwumd In an Brea o obtain by en H..F,d,rmmre the Federal Emergency Manage- nl Ayai a en b result a a. To aerorata and m n edural Ruud Ina .Ifa,almme, mlNin l Jaya ante y by L+maer flat IneoPm Letl In for III, WII unpaid ce Is grva. Property a ata o sDedol fleod nvnr ante National lnlmre upin, and any prier dens on eq property sma.ng far loan, as m aro mexince for thap term set under rnr. Nadolol Rood Inswance Program, or as o,nerwlm rrvluhnJ try Lender, enJ m maintain ouch insurance for Ne mem of loan App l cation of Proceeds. Gmmor .Thai pr middy hard Lender of any loss or damage to the Property if the eaarlopl Fort It soeAs $0,000 ED I ander maks oaf If loss If Grantor fails o do vRnln fpm 'A 61 day of In, ml➢.m mpaireeLender may, atLente, ales dad raw , Inaproceedss. dry nada n L mai oefv nor, ,wn can applvr.1 ton .par aIle endo at rn, apply Th pr par bushy Ulan affecting Im r char ,.d ,.nal II Len elect, apply me pm eeda and repair, Gra al, ,Tru quo. t pant. dr r mea. ep,I far repair r uchexp a uamagnI .1 rsea vee Int under, o le learnt Lepper oM1aq apon aallafra v pmol of eon It no,, U'sr mall, coked, w hat, me ,rine lit 1FIC da their a Ga reasonable t a elm Grantor is of m Lender unser moi' Deed ,Motu s Aar r hyo disbursed wlmin fey days met melt oiL nde wnden Lender The Cto the repair eddintere 1, of Lna P ropertysna it beuse d first e pay any t theoowing - Lender under roes Dent ul men of pan a' rasa ;merest. am Nc romomoor, If a n,u be such pre o ,h prtnypat bpm nod of m, T v, , naebe frompr I arc —Far, nmda any P,orema etre, payment la wu al lire maeeLmnese, earn oro As,roll by pais to Grantor as Gramor, mtaaet, ma oppar. .,.—r r, , "ah n 'he Upon requestof Lender, a man r. Gra II , eon e Eng 3 r obay of lee eleve ng: Is the If the surer, IIsi the risks mtll hm id Ines .IL nnlcµ-uppruby, mo property.—Iraq the !he, current replacement value of suclpmna Try, ena the manna of determining that Value Ie ma n dal of tie policy- Gra .nig. m of Lender, nave an independent appraiser satisfactory t, Lender aemmmne tlo call Pili, mplawmenf coo ntl Ile Popt, to Loi a Expanding—. If any acdun m proceeding is wmpolund that ,,ten In—randy street Lender's interest it ma Property or if or lags to comply with am provision of this Deed of TmeL ar env "I'll" Dowmmed in omit his no, Ill to Glamor a raldu D ifi cmrye r pay wmn a Gm mqm . Ili plot rots Deed al Tis any islets yo,oemnnm, Lender on Granmi a landI inA, mmtemu 1111, ,dlhd,p dto lake any a appropriate, mauamg oaf [ea tD d,-hVrgl.g . Leslie all m ergs Security Interests moa zoo othe cls ailed .roll, L,.tM1o'Pro and paying all costs fo, Ing, i.g and p e Property All tea or paid bV aid, Ior ,Tri, pwpoa wdl Mhes tmot changed The e from molalt ,edlor paid hyoLander o m, hard of repzvment by Gramor. All such expenses ALL Form, , part of dee Ina,meaneaa and, at Lender Donory win Ln be peYahle n demand; Lal m ndana , a dila- .f me Noteand be appon nee among ,it be payable ,int a taunt pnym to n due aur, nigra (al t tarry cuiwnm ptllcy or IF, me Ing to of too instalment be cI hisban p.yrnen, which wtllrn one antl payable atthe uNote a OF Thr proal FThe elm wli se re payment at the— amountsSud rigl1L alrall be rn addition to all omni Fght and mmmlrs to whirl Lentler they he en pled upon Default. Warranty; Dafeme.1 Lille. Tnn dor ing nm ;omni that to o ownership of the Property are a par llama Deed o1 TOIL. Title. Gra IsoGrantorFord, gam and m roam nn. of m I m, Pm n tee simple, aye and r of all lr and a mbrre onlln me deal Pm y aewurlpliw anyttln tide repot or Final role,pint listaInt of,nada. artby. - mm mss Deed of Too I a haul I. Gran, nw me aro antrof rte, ng11 den¢ n.. ear. ane ammo o exoopm and eah,rmu IDeea .r Trutt a Lembo. Damn .f Title Subject the ma myrapl abav w.11 f,r r Island the r me . Ganmr w,rr.n„ , Gr, Pmporta rt Ne lawful fdialma ofallroom,, any Pmlrn or pmslandfre hargi op ,not a A,po.a Grantor IF t of Trustee or Lender under Nis Dart of Trw,, Grnnmr shall Jafectl me action It Gamoi s oxpernae. Grantor v be me nal pany In ¢n n.... ding, but Lender shall be entitled to participate n me pmeeda o be (semester, m mcaWlrs, by e.I odlLn.eer moi d Pm wW a,Ilven or..... to be delivered, to lender such misho a ad Leader n,pa ,rom imp ot-pt, oma.no, articipration. Crmpnao o With Law GTa a dm pile ropers and Gra ,Ire use at m, Property complier with all existing 'Pimenta law,,,ardalue,, and r gulf mn,It a .... mm.ma „m.nbee. sur o,l .f Hepre mlmrs and War Aur ena a mala no Gre he Dead of Tis shallI.— the and al d30nW OFT b c.rtbring IF more, a ,it vital rasa, It IF I. on' effect undo such time rs hermw.ra n a r oras a n e paid Ip falll Candemnniory Tm fWmwing mo—ral rr r m mnd—nedlon pmceminga arc a our of this Dead of Trust Proceedings. If any playfu leg In cona.mnadion Is fled. Granter aIs p ,mitt, hart, L, ting, and Granter anall 'comply take "on s V be rrry m chntl Ito Inn ,bra the aryl. Gra may be Na Incl p ucn goceetlln9. but Wntlersnnll be iuM m uipat r nm nitro o ®tl in Ne pm eseing by c sill of It choice,and GrantorPoll dollvc o he I end to our, soot ,atmmem, cad rho-montaten as may be requeAed M Lor,from Lia to Bine to perm eanwprnaP. Any IF of IPr. aaaa. n r airy par, If mmn lea bye or by any pto eeamg „lid -,III FThaae, Liable, require a011[het aloroeed, of the wamn I .,,pan nnrequlr a Lo err w appueato the of all hd.. are=a ter pal ,.maim. e., ,1 me ysWPas ter lel pm este If thewordaI III —mesh me ,ward star Parcem,,t,,ct of all r„a-roma m,re, ,.pensee, ena ammevs ma manned by -pare, or made, In aonnemlan wIm m. ,a,nlm„Ila. formal of I... a, Fears antl Charges 8y Govemmenml Authorities, The fWowlng pro—im, relating to governmental taxesfees a A charges or. s pan of this Deed ofTmsf. Carr ITT are,, Fdas ena C,rygr Upon request by Lender, Grantor anau axcr W, xucn Illinois In antro m this Ford .f take wnate.or after action a requested by 1 ender to hens,, and an it Le lost lien an the Hell lot I rus FIT Grantor ,h.11Ihruar, Len ler the all texas, as dosodbna baow, together wilt all ax senses Incurred in amrding, pawning lir urnfinuipq e On o "Johns, without Ilmitau,n all pace, Idea, doeumenta r flamer, and mnercn.ran, for recording or register 9 els Dead at Trust 7eam. The f.11ovdng a rill wnaNme taxes to which to. abov, ,polies. Lal , door, lex upon this typo of Deea of The, or DEED OF TRUST Loan No ]t (Continued) Page 4 y par the Indeblotlno ratl by Ilia 1-1 o Ib1 ¢rifle n Tier which Der alam or nrequheJ be aeaaot from pavm no mdahteare rcd bye lope ori Paul nY Tru Ile stn s tops[ .1 trust completed - ee Net,, and ho; a specific lax or au or any Veruoo of the Incurred..... or on paymentsat principal myIn erne made by Borrower Gubseyuem Taxes. It any ax 1. wIran Its, snoliun pull la ¢nomad mbmauent to the haw Of This Deed of Trued 111.1 event shall have the alma a[feel as an Event at Detroit of bondermay exerciaa any orail of he available hadd iaafar an Lyom Dt Donald as provided below unless Grantor other lel , s Is tp ea dalmvuem, or (I a a he Ia provided lbw, he Tax dna sena y— oral acpw tt with ,ender .Rah i a aulbmem corporate au en cola or other acaam satislxaory to Lender. ..and, Aoraameac Fnanpmg Somali The IeIlo-rg provisions rotor ad to the Dead orTo,,[as a security agr—mant era a part of cola D,ad of Trust Scarily Agreement. This instrument shall contract, a SI.arhy Agreemam to the nxmnt any of the Property eonsmmee nxmraa. and Icolor door bays id of fie rants of a aeaured parry under l a Deform Commit Cede as amenm ded from Lima ore. ..arm,Int ups revue t by Lender. Gte Pro told conal roque be L pare[ antl c Tender security o n the Pont,and Par nal Property. In addition cethin the Dart of Trust n the gel property ¢trig, er any t end 'wri err aryorr n ho Gre Tire mduu of may, Dee of Trust a Hoa (Gree moll r mbar o reactorfarall axpens throe Ina This nupon eefauba statement. ental n r ret a Internal Pm p ad or m e s Ipro s. r u ov s per both r. Inge",coUpoo At tub, Gmmm� shall amemble any Personal Property arttwithat hr the Property to x manned at c pmcc reasonably de, to ient to r,p,rGrantor and Lendu and maks It available In Lender miblln Three 13 Boys o1Nr mcalpt of wnnen demand both Lender o the erten ,rmittea by applicable law. Adore . Tne i,a n of Grantor(debtoand Lender red party) claim. whichlnlor nag dm Wty ac era . bay dr .-1 .1 wbe Internal I ... I at r.nm ed by th, uniform. Cantorlnl Doom ore at stared en tire IbIutplan of this Deed of 1by tte. Atnay.erfam. The farewell pmt.. aro alar J to bruhn, —it ..mt ,it mtmmma aey - or., a pan o1 The T Dona o1 Troy, Edhilr Aaa Ata and n of Lando,, Ga meso, and aNiv^ will I deumoary ed or dohs rad, In Lender o furter c "anent and bar fed 1, Leaded o to tree, coNea, oulder erred, Inch t and l aacn allb t Len y aha xpi rIDte, am dna III such fronyeg%r demesol steel. e loads. s ntlry agmnmenta. donations; sidemen s,r m fur bite rmher cob tole f �ea� and ortl Arable orae. Drtamme parento. pm afu ebr and Gra obagac , Do thevdte �inr, Not,,Ilbh Deed erne and the�Remampd Doc and (ol m,ee dna a ma by this Dead o c Trust as first nd prior Tens on me Property, whether lawauwtnau or hereafter sequitur ov Grantor Unless Oroaibhea by law or I ander agrn the a rim Gromor shall mrpirld bondar for all mala and Dxpewes cured Ia mnnecnor with the matters defend to In tele paragraph_ Anorney IrvPoct. Ir Granwr laid m do dry of mo fibines omrmdTo Imre p mtllna hardihood, fai r may do so to dna In In: ,Iranof Gra antl at Gm oxpon For itch purpose,, Gra r branny ably n e Lonaar s Gre an feet Na onto... rt making, emwanBt dellvehn gr Truth up—hag, and darn, all minor brands as may be m1 e1t ry erdo tdo4 able, an Lenders sale opinion, to acwmpktb To mall,, referred to as ,is owce ng pnmempR Full Perot If Bar and Grantorpay or The Inherent e n our,and Grantor- mtcr all Iha obllgat Th posed span Toronto, anew eels Deed fnust, Lendershall p nit delso , Tra I reaqua shell itan Cot and defier o Gra able - of I of city rumors s n fit, evidan L Lander security I, the Penrt and Mo Personal Property Any reconveyance reg required by aw mall be can by Grantor , If animated by applicable law. Hen to of Default _ Each of tb, widening at Lender a person, shun Vons i u can Eaton of Daaull under this Deed of .rum. Payment Dmauh. Bormwer fall to make any payment wdread der order the In deboyee . Otho, Detain[,. Bormwer by Grantor any m unp, w e perform airy mild, term, ebllgadon c ontldiou Inns tits, Deed at Trainof the Related DDc iney with a parorm e,,, I,m, notation, casewnt or mndloon contained . an athero eenry, ver—don and Borrower or Grantor f y gr Oompllanee Detroit. heLu ..ply wM any Poor onm, ebllgatlon, covenantor co Iloom contelnetl Ta the Deetl o1 Land, Pa o Note ra by aline berried Documents_ Doreen on other Payments, Far or, or Gra ,alual the fray, hauled by this Deetl of Trust to es make any payment for taxor i nsurenca, or nn olM1n Totally, neoeseory to amoom 111119 If er to effect discharge eYany llen Emirs tel Default Fellereat cloy parpoolrenin u erre. a when duo keyfarm, dhout n, covenant or wndhlon comarnetl n any pmuonmonangr,men 11LI no aan w¢ i e Prp,MI. OafaultI, Favor of Thi ad Parties. Should Dorrnvver or any Grantor data old under any loan .¢ n of m ndll, aecurny madden parcM1ase or Amos for epmem. or any other ImIll old, io (mor of any order creditor or parson that me, materially affect any of or any Grant,, Passth, mdemedro r Borrower s or Clanmr a—did, m parorm their re ppadve obgg0ons underr thin o ea oof -an era, tofRelated D ... memg. Fuse Sta eine. Any + baa m Lender by dor r Cr, Boom Statement. rGra e behalf under tofTry retie annual Duv a airy undaname (nam maferlel asset,, either raw er at the uma made or wmtienaa A, loan...far,,or miamadmg any time ded-for. Doldned, Colmer, The Dead at Tru of me ed opt o b, nfan err and comm Int Iuaing talar, of a.. — Ideallb Dune«. -t D pmnm a.n ar orodi so mhy interest o. .em as any Oma 11..11 err a.. -- Door' or naomenov. I he maeomdon of Grantor, nor... of whether election m mntlnua d micall a ember wnhdawa from ted Finbily mean shy p of Barry or Grantor a paingnbua r the Rovel oY day nm moor of Barney-appnlnf of a existence ote ytpor of dor Or Grantor type of -fetrim mkodd, o the commanmm,, I of any calloclgg under any bankmatury or all laws by or analyst Pa mwcr or Gramm Catlao r Far underlying, Com of fareclas r br a bandsman, whoder by offer pm dug, It help, other r Toy I y credlf0 of Bar or Gm r by any gav stormy eUs property sconnne thxolnnpntLyiI ..._n Tnlizinmuaes I nsrvsnmem of an, of Sonowrer'a or Gmnlnrat nr,,Iunl,, ineladme deposit n bonanr F,w,var cora Ewen al b"", soak n t apply rnnat, d a good fair, dispute by Bmmw« or Granter he oche I.Ifin v n ,ante , bea orf rdc preditoor forfeiture coastline and if Bar or Gra gives Lender w Iof mo rmaelmr orforhan h pre—d! ei..q arm repast, wish lende, mp..lar n Borrower bona for me rhte. romp¢ aadhe Is rmkhare proaeeamg, ..a..ammam differ red y Lemrec m ha Amo al,omban as ani..g an aLevaale raseryb or band aac BreaoM1 cold ro tr that a Any bmacb wl Borrower m Gran at, underprovided tort.s of any 0Fc etor he....... l between agddd rot Gm . bla that her lie w - Ica pmvio L Ihm, the. expand without rim any agmpmant I Lain a e per conccming any lndahlnllnaraoor pNe�ooll9edon It northern or denials ,heater axlsling now or la0r. Even6 Affection Gue . Any a Decision oitM1 ra,pec any hue any of the'naab ffirw or an, Gua 'tlie w bocomce' inmmpetant or rawkaa ,r rlap111, LID .a idlry If, oralanday unear any Guaantysof the Indebaki DEED OF TRUST Loan N. Ji (Continued) Page 5 PMer a Change. A m letlal ative a "an a Ilor or Gmnryra financial nes Ionto e, lenMr off— the "CO,, m Co.."aar pendrmadae or ma mdathde�r9plip Impntfr,� e neon tiny. Lauld, an good faith bene,ge i5eu meceurc. Flan[ to Care. If any default' other than a default Id payment la rifuld ani it Grantor has not been tend a notice of a maacn or me pane, so, of this Lord of Trust ,,that the preceding fwdve 1121 months, If may be noted if Gren ce. alter I coder bond, to Borrower demanding cure of such Jetault far c s the default se ll ) fifteen fl no days,- or for if the cine .dards mom than Osecom If 51 bay,, Immediately Initrates Steps which lender deems In Lender's sole ui... Open to be eumclant e the derauh and indicated commues and completes all maaII.of, ,it neceaaary flaps sufficient to pr,d um Imievite as soon as reasonably Is—Istat Rights old Rlmldlll 11 Oofeulc Ifdon Eve ofDerauLLoccurs under this Deed of Trust, Ondny time lrotealmp Trustee or l enMr may [zonae en ane or mere olfbe lallowinu fights and mmetllns. Election til Famearea - Flawed by Lnddnrm rmmue any hatted, shall no, daclude pursuit of any Othe„emaay, antl an election to take error, called[ of Greineretch, s Deal of Twt after Grantera Torture fo rntem, Sado tie affect I cede, a righttta centum o On ,,it.IaCuba Its remedias. Accelerate Indebtedness- hall new me dent at it option without n o decrease, o, Oedler fit declare the emly IomMaWncss Imonow ly due oho pa able, neMln9 day payment eadeln cit n,Imn tenrr,w,, would he required 10 par. Ed radio . who te all o ruga a Truth,shall nave the right to foreclose by d and aele, any cart e by cam Prompt, m the f era tied is snag new aw to gthe or foreclose by aforecl lomtlysudi is nds, cote In wNanae who and m tine Noy wind, ,,oaprov de applicable lav If sure sale sale ro ua t foreclosed by ludic e, Lender ex ,It be tied to r the amount at ill pmritle flat If [tie a judgment Bele pmceade am InaulLeienl to aat�Ty,Ile jutl9ment execution nay Issue for the emaum Et the unpaid balance of the IUJgment. V00 ercapae le all coy pan of me Personal YcopcMLantlnrafrnaw all IT rgnLand remadea of flecured party under rte Uniform Commercial n CWa- ColNut Pen entlor hell 11', the Color whbou o Bar or dr c pits at and ane the neper ttn Leen deishe amounts peat due Ord Jimeld and apply then netpiand oboe agalst the loped) doe n Ndbero IT In, right Lordrr equ other of the Pro ,take gAymen of re e fees directly ao Lender If the Hen collecfetl by Landers the, Gra ably dooduc antler r Gra acv -in fact endo, w.evt t th gm in the tat Toren end to end las the pm etch. Payment' 1, Ce Ether o cLord,, aspen o Lander dem nsny ,distant, ler wbicn the,p mads, whatnar0nr not any proper grounds for thedemandexisted Lender they ¢zeros¢ ,To nantler the ubp,r,pr,ph either in Scherer by agent or through a mceiwr. n[eec iv Lender Shall he the light eppettake of all o Tory p of mmo P withtete pow o pm antl gm sa mo Pm ,per a the Pmparty pmcedmg larecloa rale. end L eshor he u (mm mo Pmpertp antl applyme pmceedy,over and above he cit c of the reserversitiy, againstfine Intlebfodnoss- The without band h gmmmf actl by law. Lander I to the appointment of a receive, ansa e serve xivl whamar e, -1 of me Pm antle the mdeemdeoae by a saGvtemlal amount. Employment by Lender mall not dequau y I Ci e.,, from serving we ammacr_ Tonanry at SUNerenre_ It Grantor remains In possession of the Property after the Pr npe It sold ea pmnded above or Lender Ithe twice becomes entitled to poeseselon of me PmpeM upon default do Ell or GmntoC GcColor shall became a calumn It auner o pumhm of the Pre and 111111, at Lender option either Ill me, tease..do pantel far the use of the Property est welbl vacant the P aper t osedun alp upon thi Chn ntl,f lanae,. Other rental Tm1me m Lender anml nova city time, dent or mmnay provided In this Deed of Trutt or ma tome o, a,,,[able al to, or In equity. Notice of Salo Louse, ensu gee G,a fable ,.d p of any Sabin[ dale of Me Pec al Property a of mnlJme alar wnien stn private sole on omcelmtonded Jmpmiti in ur Lbe Personal Property Ia to be mann s Faasonele hot shall m notice elven at elven. on fifteen 115] Jaya belore the Pete of me zoic or tllsp-pore. Any sale of the Personal Propen, may beam.. conianerioe with any Sale of the Heal Property - Sele of the Property To the extent permitted by applicable law, E.lnt—and tentec h only waday antl ell rights to hove tn. PmpeM contribution Ina .:parts LI rights and to mad Ias, the Icustcc or Intent,' Lander shall he Tree to SellaL m any part of me Property together or f, parately. in one sale or by .,Perot, Lady. Len He, Shall be enIM1W td bid at any public oalg on all or any portion It the point, An ...yi Fees; Expander. It border institutes any Cwt or amen to enforce dry of the terms of thin Good of Lord Lender snag be cut tied to recover such sum a, the soon may adiudse reasonable aI attorneystoes at fast and open any apathl. whetheror opeany. vert, and to ma of p chaddd by law all rc nand expense,mat d Lender n ery at any t . rn, me pry w h me of n M1s shall bev of roe nwdnonF g VfaToo cdement and shall seat intertest attheNoon e d hem tma date of mese. d cEssen— tTedI inlet paid. Essen— ... dy n l par mph mdud...tl.r limitation,he eaa lublaa npoodble law. Len.. tryd re. or ..be tlm s legal ,error waddy t there a niece or incre,pares tie nays 1 ssfor ,han gm nt meoinClub.,the ¢Cost c [cyto nglleareclo-C mo ,tetl Srejt-, ,nalfirthe ElSearching rteT rIobetoth automatic extele npe permitted ectad reGrantor ,, ,It and up to.ef l� and ,e. m, me na .Tome exmn[pomlVm by apoureamata a. G,adm, etpa wet pea fav �rrt _nm, In aaaiuo Ito all soother sums provided by town, Rights of Theater. Trustee shall neva all of the right, and dudes of Lender as a., forte in mN .„ben_ le"operdad Call o1 Tmrnaa. Tho following gr0—ons relating to the powers and ,bloated, I Citron are partat this unad of Trust us re of Trt.e. In addition tion all powers 0f Imoroing as matter of few, They, shall hove the power, to take the fola.mg actions with respect to the Property it n m, wdllen tewof tender and Granton (al loin an rregaanq dna Tiring a mag or neat meta Hdnl P,np,rtv, icuaamg me a.memlof of emote or Ion., rights m me wenn: in idth m gramme rnv n,aa1.dn dog any reamcaen on the Heal Property.. and tel Icmin day subordination or Inner moddiTom apart I Ih3 Dead of Land I the ummm of Lander under this Deed 0f -rust. ObllgMions to Notify TruCtae snail not be obligated m oNy any ether party of n upornq sale antler any clher r sl dead or Iron, r of any edien ec proeeeding he wo on Grantor, Lenor, or Trustee shell be a party unless the acne, or pm,venine Is smooth by Trust. TO-Spau Trustee all mrwn ell eadunnatmdr combed for Trustee under applicable Ilow - m.adiIor to To dente are remedea set tnrtn abav ,id, respectan o any par of th. PmpeM, the Tru anal he- tie.ignt o m, by n and dal,. and ender Shall n... me rigt m rorechum by I coal bredoaam, In either case m accordance with add to me full extent provided by applicable low 5.......r Trane.. L,ndn, at Lmae; d oaten nay room n e appoint a of—eyed, Trustee to any Trustee eppe:n,Ad undo, this Dead of Trust by fid In mea are ocknnwlidi by Lender and reorded in The omw of the mdome,of ,no County, Grate of Oren. goThe instrument Shell cdolor, In addition In of who, maned required by Stone law, the names oY me original Lender, lmstee, and Cronmt try bock and page whew this Deed Et Treat A mcamad and the name and sodrese of the sit and the loslrumenf deal - executed an acknowledged by Lentler or Its s The rvith,ul n at the Propertsnag succeed m eu me ode, p aid,a,tes conrmmaus n the Trust,,.a the Deed of lids aIrt dyed penohm law. This or, dam for sets of on mater, shah gwnm,n me ,¢wstin of all other rourad, m. dubennuead. DEED OF TRUST Loan No: 71 (Continued) Page 6 add , doo r.",imtl ra n given untler R's Daetl of Trust, nclui e, without Ilea any n or throulr and an, radiday Of sM1ak oe pryriling, and shell be fill when I Rally emd whet logy veil 11 prem[ ulretl by Inv canon old—load did, o nilly cagnbetl o .d", roil, canon apparel LmThe Otslabn"y vl, del hand m M c the cr Ir mal as i es Prelf as Ylrst cross, actual er raged— mail postage hprepaid, lith ulellto .1oh eumesses shown near Pe neglnning of rnis Deal or Trust �All c ul n of for e ham nrry Iden M1 y m prlThe o rnis as t o snail be Prices Ibe nDlticr lir ,i" r,s mane. as mown neo¢ mo beginningIdh mar Dead evidyn. nw harm may The Th, rat,, Ito mrnathe pamrmsent Peal of T ruxby g ivinges,formal Grantor epDnier pm- of gd Grantor at Th, cM1anice o pa,Vprdilate For f Vuryos s, bre age D keep Lendonnmltmptl a all r of Gm adtlrc Unl erFar providedor too urod by Inv,, If mora a moth then inn Gmaw., any no4s Ira eby Lender to any G^mi is —r—d m be nonce given to a. orditura Mdceurn— Prowinre_ Turn joined, on.... wua pmvlsmm zee a pan lir this Deet ,I Trojan Hmontlm Trus Dootl of Tru other with a y gnlaletl Doc understanding antl a or o me a ei lorth In mTa Daetl o coif o oaamem to this Deed of Trustshall euoc - v gw m writing and slgaed by the party lir part w.pill b lie Graded or hoard by me aneaum or emenamemme Annual gepmts. p me Property is naso to yamoaas c n Greiner a melaenw, Grantor shall ell arld to Longer. open maun nails of n ..it Int n the Property during Gra a pre a gaoal v eon rot enL tleleill de Lend Porten rnNot ancoutrte „ mill mean all cash mcaprs hem rhe Property less al cash eelpre oainn,c m I..r— rv.in maadamn or me Proper. Cam he Headings. Caption beadings in theDeedof —rest are for aon,dreanoe pu'poaes only antl em nal to be ,,it b interpret On Penne In praviamaa or mm Poon of Ttun_ Merger Fre nnan or mnrgor of me tea by the Deed lir Tru with In a lir amre in In Property at arty time held no or for me bereHsrof TenderI any copecin, without the wnven cenactt o1 found,�t Governing Law. This Dead Of Treat will be g ...... d by fetleml law applicable to Leader and, to the extent redproomphtl by fevered law, the laws M Lee Stare of Oregon without regard to as conflicts of law pro diand This David of Treat he, been accepted day Lender fn the adds of Oregon. Choice of Venue. If mem Is a lawsuit Grantor egmna upon Lender a roplat w submlt to the juravlNon or the courts lit Lana Cconly Stere of Oregon. Joint and Save Pal Liability. All obligation at cormwar and Grantor under tib Deed of Truer pleal be jcinl one several, add all rotor.nms to Chun -shell mcon from ,it e y Grantor, end al r.Ieranc, no Bo r—al shall m eery Beuowor_ This means that each Grantor signing below Is responsible for all halgmiore In this Dead of Trust. once any Poe or mer, of the par corporation, can ninth, meed Ibtoric = env o miler r Lender o Ire Isrzmolrn oalluam,t header partners, members o other boards) actinga, porpocningato got on the cmin'a behalf and any coagmtons made or created m reliance upon me pmfwaed ...mare of aeon pewee eneg be gun emewf older NA Deed of Trust. No warner by tender, lender t ha afo ngn¢ a Pmtl of Tr-1anba ..h ,e give tang and aignea b ewidurr No dal r lir wisher l anon aper 11 1 uch rgnl Dr any rural door. er 1, Lo ml eupmviabn o'-M1is pend it hued doll not pro uvice or eensNute a of Lentler s rlsnt other a demandfloorvitn tint other el rnis Do it erTin No r by lander of addling bed ender and Cramerof Lon d- ,nvn bllga cry m— wnm fofLarder IedordeaNs Deet I, T. me .on o to by Lends,o env ms shat Ing a ,ever, ns whmo a.m a,nmm is do h env m an cseu such cems.nt mey he pranre. or Ithrem in I[,, due Insulation of Gayembngy- i a aoim of afmpmnm Nnanlcnan find, any or.....ma of this Dentl of Trust to be ivaaal mvalia, or unenforceable as e, that finding shall not make the offending provision illegal , mvaad, lir unenmraname as m any rimer pe aoopor oimumeranc Circumstance feasible, mo odaue, oraebiaa snag ba aonald.r.d madidetl ao tnaf if es legal, valid antl enfcra.ame. 11 me opened, provision cannot he so modified, n snag be aonemered deleted from this Deed of Trust Unmss d"y"oue was ad do lmµ ma Fro agcy, nrophin , or unenmma d, to of am play...a.f this Deed of Trust snag not affect the anyone hyo a Vord.ry or cniorceab,liry of any offer prove on or fres Deetl of Trust. Successors and Assigns. Subject to any limitations stated In this Deed of Trust on transfer of Grantor s Interest this Dean of Trial,sM1a II be Mndr, a and Mwe m trig bought of the arthe meir, succesaora end ,signs. If Awmarship of Ne Property beromes ow had in a person other than Grantor, Lender, wihouf notice ao G'antor, may ticol .,In Grantor s su whir refer - this Deed of Trust antl a Intended by way of forbearance orarmvmn witheutel-i-T, Grannlslmm fife cnithxlonatnftma Dart of Troy, or liability under the Indebtedness. Time Is of the Essence. Time Is of the essence in mo porrormon d of this Deed at f rust. wamg JuryAll parries to this Deed of Trust hereby wafva the right to any jury trial in any action, proceedingp cnuntarcmim brought by any perry a9,imi any other party. Welvn of ll ... U Eaetnption. Grantor hemM1 releases and y,oNos Fal ryes and bonoYlfs of Inc homosfaad exemption laws of the Slate of Oregon so to all Ineomodnesa aeeumtl by 1M1Is Dorf of Trust Commmclal Dootl of Treat Grantor ¢gra, with Order that the Deed of Trull b e ,mm,r... I Jamb of hoar and [hat Grantor set oaf change fire use of the Property without Icoder 'a poorwrbmn consent. Oeflnth tiro fond -ng o drul v oras and to hall Food tna fullm when mil it the Deed of Tru Jul... euillSaly s and to file o all rebound, to tlolsar a shall n n lowrul money o o Unlmns9tame c Atli Addde rind [air,,o used ii Ino find ode Toy 1 me dealerue al ndl,S. Ingda r While .tri forma not omnrmian fornad I Up Pnev ornust shall hoe. inn moss, nae atmbacm to aeon forms m thetumform Canso oielC,aea Beneficiary. The word "Beneficiary menu EELCO Community Cord, Union, antl its succeaewa and s re. Broer, orwThe word "Banm ns P ower" J. amel C scoe dart John P HomLULU, LL' LVLU II, LLQ and ACL pmpanps. LLC ,,it in, do, eII to I Avand m-mnkere signing the Now and all their auuuesmo al d.,ior, Deed of Trust.Tne oras "Deed of T DI Cretlif acg Gra antler, umber and mildew lima without a ion all e,e ninon antl security horde rwumno teno. no the Peterhof Property and Rents . Danieli Tire —1"Reteoll' means me Detroit ser Itt1h In this Deed of Trust In me secboofilled 'Default ". channel Lrna. The viud, "11 mmnnrcnlel Lawn enJ all list,, Indeed and I0c8I s meemlans and ord an— relating f the prNechon of Ifumen heohh o l l do wltreat g e Comprido r me 0, as amend T mltatlan m ITa S orlmo Response Amendment, ,asatlon, and and, Acral 1980, as cnticd 42 LLS.C, Section, the c. sea. 1, earninERCLAgs,, ,a Superron rt,49Jn, Ls end ona1801 atse Act ¢11986. ansom No Bg699 f,,AcSARAt trio Heuretio MCLeriet nsa cZrn ACG 69 U.G.R Section f lows a ., dte nesourm Coptiod pursuantl geoove r Ater, a V.G.C. Section 69OT e cine applicable mmfo lir fodarm Iowa, rules, c be.lollona mopfod pes.om mcra:o or intend ad to pro:pm n.msa M1paItM1 o �nd eawtmamah _ Is.., of Defa.h. The ..too -Evnm er Add of moa, any u1 me ,an I, varewtaet term Ir. hila Deed u1 Trust In he ewencs DI aefauh seat, an of this Deed or Troy, Grantor. The word'ooitor means ACH wopernea ucr and caw, uC. DEED OF TRUST Loan No: 71 (Continued) Page 7 Guaranmr. The word "Guarantor means any guarani suretyor accommpnatlon parry of any oral) it the :n dabinmmaa. Guaranty The ord Guaranty m� ¢arra e ganry from Guaranmr to Tender, nalmw m9 hnnun au arm nmitabo- o era cl or ,am of Rales Hazardous Substances,The oras 'nommous Cuban nolo Iha[, bac of !her quoULY c or pnysse ,TomIII a Inlec mita may c a, os reprer mu znrd m human health, ornthe improperly rhea, nee T..... o.F, _o rntl9e rmtlp Wtl o oL e fail TheFwordsn� HalxartlouaSuhsr ,,it io the y Idaho, and inol,de wrhou antl all nezardea lend a11,11h fele s del ml L Tn n n'�Here.houa Substances also mmudos, withop ,mi o inn, pvoiand, incwd,,q nruh, ou ,,it env from inn TILL antl eebea os. fm This earn lr'Im Iof Ii III wl ompro , bu,]dingd� Fra, Pum, lames enuea carom¢ Feel round , mi es nae achorronla Lmom, nn mnor t,druntod on In Real wooer md,bmdne an pane pal, and one: and expenses payama r me Noe ordP,lared Dunt emnr eyofhe hour .10 modificationsnotal vogdm .1andaabal eNr mo Fareor or Ralalnd n and a ,A,d oradya ced by Lender ischarge Grantor"opet expert Dna uF aincurred by Trustee or lender to enforce o6ren0r'so6lgotlons unpor lMe Dead of �m st, together whM1 INewl an sucM1 nmeuntt ae�nabeb in old Doan of Tum. Leader . The word "Lender mound SELCD CommaniY Credit Union, 16 successors and asaiene- Note. The wont "Notemeans me prong—ory note Bated November 17 2015, in the original principal amount of 51,233,750.00 from Dae o Lander together with all r wan OI, month of, mf ur of eenaolhiauona aL anh auF nw .roes mr me pmme—, no a oraememon Iho macunn data of mo Fol aasil b.2017 Pwmnel Property. The words L "Personal Property" m , all equoren0 flxWrpS and odor atlldes of pnounal yrepany now or he after owned h Gm and n r hamaryer Ishad or afhand Iu The Peal Property; l ,ad nuderm I, all Fapnoemenra now and all suhatdutims to any of su and aoogerM1er wa t cnsslons,cp npr my: ¢mnor with of unseat, fr wury, Without limitation all insurance Induced and m£unds of pmmlumal from any ante or ,the, tlmposamn of The Propperty. Propertyme word'Propom means rail vely the Real Properly and The Personal Pnperty. Roel Property. This v..oma "Roel Property' moan mental pmperty, ited, mm Flan,, as further deectlbed in the good of Treat. Fall Oeeam my The ..the 'Selaled Dooumema" og promesory n coed agreement,, man aareamentd. a, guarani security d, _e ,uta tmangegay aontl, of lF stds ane heads, dogalenl morrgaeaa, and Inds,"Anes'. om , ogre mono and tloument , Ln LM1ar inw m ,a... or—alllog, -yerad In connnmion old, Its Rants, The Pool 'di manna all preacnt and mor_ renin, meta s, moome, asues, re,ordes, pmlims, and the, aged criwd from had Property. Trustee. The word Trustee ends Caeceda Tide Company wnooa ddro,d a SII WOlemane Lugene, our 97401 and any substitute or mr—or ruvlr,.a. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. ACR PROP S, LLC F Rp uw Oiuine Memher of ACP PFoperries, LLC LVL., LLC LUW IL LLL Member of LULU, LTO LIMITED LIABILITY COMPANY ACKNOWLEDGMENT 0FFlCNLSTFMP STATE OF O![�[yI -- -- 1 flOBERT CRAIGCARPENTER 155 NOTPMPUONFOPEWN COUNTY OF _ 1 WMMISSON N0.9/A668 M/CONNI6610NfN%gE9MggCN29.2@D n�,9(A� 01 today o� /i Nil dally / 20 Li beloF In uneer puad Note y Public ntlea rad J. q f CR Iso , LLQ antl a o ho ober r do,ru neled Veen bIGty mmpony that ebstard the Dead of Trust and acknowledged the Den,]of True m be rbc free and velu0aly act and tlned of la m,] Reblgrr mnndn of a Iluds, nr oraan opor me ,gra ma dna whoa ,it L, nth a tea that he oroare Is Factorial n execum the Deed of Trust an, m In L eseoated tea Uceo of That oa behalf of me mood nabuey company. day T.. fir Raalamgm �((', [� Notary Public In antl fm the State Of y2T^ �ayL My commission ¢soiree Jprw�_ DEED OF TRUST Loan No: 71 (Continued) Page M LIMITED LIABILITY COMPANY ACKNOWLEDGMENT OK LN __ OFFICVLL STPMP sTcre OF ROBERT CRAIG CARPENTER //n� Iss COMMISwOJC-0iu Afe COUNTY OF Y—ry�Q COMMISSION Na MARCH f8 MYCOMMISSI�NfffIREBMPRCNRS,fOtO On Ibis day or _ /Imo^ 20 I� badge me, int u ... —S dl Notary 1u655, dally appeared 1,1n P. Hammet older I LVW II, ITT, Member al 1dru LLC, on m be a member or :911111111 chiepi ul me embed r bind o mpanv moa team m 1 antl a ..Inded me Deed,(num o be the ba vmpn try,bnd Irenlllry t v. M a m,dtY or rlainle. Il rbulur of o cpe%In9 n9memem, hr the n notl red, endo em5lea he To o. snn rr coaltoexin..to mo Deed oe Tms. and m ha executed me teed If Nurm on behnlf of maullmned lieblllry company. �` ay VV deadline at hi., Nalary Publln an a ,it br tn, Surf, ofQ/p(try� My wmmSdnt.spare, ry'jJ.a�j REQUEST FOR FULL RECONVEYANCE To In. neetl omv wMe cml9nnnn, M1aw a„n paltl m mw TO Tnatas, ms nndari,quir la he last l , antl dollar nr all Indeh:eona. ee Dred ny m All comm amoral by cola Deed or Lest nowt Wena tadv nam Dna s��eOtlte rn n,rohv h�mm,a, n Dntefa�ry =oma ,wnra m von nmer me Termo It roe o to payment m ya hie Deetl ,t Trvrt eel ofuant 1, a pplltable n eel me Ohio sa, red ny cols C at IwMM la informed m you rogemer ram to Feel o onl m vny w ,dry, m rh, par a droduated by the of this Deed of Trvst. he stxm n,w M1eltl by you untleNmis Deal of Trust Please mall �pe reconveyance and Fle area l,cumenB [o s ode Renafinally: By: M,. oSorPm, ver. 16.2.0 015 Cnpe D+H USA C,rp,mti,n 1997, 2016. All RhIme Reserved OR C:dTan ndi LPLA001.FC TR 2152 Lane County Clerk 2011.060811 AFTER RECORDING RETURN TO! Lane County Deeds and Records 8 CT-D 295-99-2-E KQ OR I 1111111111111111111111111111111111111111111111111 $92,09 01692146201700608710060064 12/12/2017 M12:49 PM RPR -ASN Cnt=1 Stn=9 CASHIER 02 $30.00 $20.00 $10.00 $11.00 $21.00 RECORDING COVER SHEET (Please Print or Type) I -------------"-1--------------------' ---- AFTER RECORDING RETURN TO: Cascade Title Comoamv 811 Willamette Street Eugene, OR 97401 1) TITLE(S) OF THE TRANSACTION(S) ORS 205.234(a) ASSIGNMENT OF RENTS 2) DIRECT PARTY / GRANTOR(S) ORS 205.125(1)(b) and 205.160 ACR PROPERTIES, LLC LULU,LLC 3) INDIRECT PARTY / GRANTEE(S) ORS 205.125(I)(a) and 205.160 SELCO COMMUNITY CREDIT UNION 4) TRUE AND ACTUAL CONSIDERATION 5) SEND TAX STATEMENTS TO: ORS 93.030(5) - Amount in dollars or other NO CHANCE $ ❑tither I 6) SATISFACTION of ORDER or WARRANT 7) The amount of the monetary ORS 205.125(1)(e) obligation imposed by the order CHECK ONE: ❑FULL or warrant. ORS 205.125(1)(c) (If applicable) []PARTIAL $ 8) If this instrument is being Re -Recorded, complete the following statement, in accordance with ORS 205.244: "RERECORDED AT THE REQUEST OF CASCADE TITLE COMPANY TO CORRECT THE LEGAL DESCRIPTION PREVIOUSLY RECORDED IN BOOK AND PAGE , OR AS FEE NUMBER 2016-059749 ' FFIEF IDUEEDINO PEIURN TO TITLE CO YSIEIIX}rGIe, 991QI C��� IOR 2 RECORDATION REQUESTED 6P: Lane County Clerk GSLCO Communhy Cache Union Lane County Deeds and Records 2016.09914! Commercial & Business Backlog -Defenses 025 Mem, Road, 220 SprinOR 477 p8i Q1 S IIIIIIII III I III I IIIIII III IIIIII IIIIII III WHEN RECORDED MAIL TO: 01616616201600597490050059 SEICO Cmn nanlry^ reditaUni n 12/01/2016 12, co ial&Bus Bnung. Gareacr fsufrc 56,12 PM RPR -ASN Cnt=i Slum CRSHIER 11 B25 Hmlow Road u0 $pringrield OP 91W1 $25.00 $20.00 $10.00 $1].06 $Y1.00 ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated November 17. 2016, is made and executed between ACO Properties. LLC., an Oregon Limited Liability Company whose address is 555 Lincoln St., Eugene, OR 97401 and LULU. LLC, an Oregon Limited Liability Company, whose address is 545 Conger St., Eugene, OR 97402 Ireterred to below as "Grantor "I antl SELCO Community Credit Union, have address is 925 Harlow Read. Suite 220. Springfield, OR 97477 (referred to below as "Lender ASSIGNMENT. For valuable consideration. Grantor hereby assigns, grants a continuing security interest in, and vet's to Lender all of Grantor's right, title, and interest in and In the Rents from the following described Property located in Lgne County, State of Oregon: Lot 2 of HA♦♦ `MMER INDUSTRIAL PARK, as platted and recorded on April 17, 2002, Reception No. 2002-030122, Lane County Deeds and Records, in Lane County, Oregon. (7.P. EXCEPT: Beginning at the Southwest corner d Lot 14 i Lot HAMMER INDUSTRIAL PARK and run thence along the Westerly boundary of said Lot North on he Liu East 312.77 feet; thence North vee e; en West ng said feet to a point on the Southerly right er way off way Tial Avenue; thence leaving said Lot line and running along said Southerly right of way along the are of ar 535.00 foot radius curve to the right, the long chord of which bears South .12 feet; the West South 84 thence leaving said right of way South 5° 36' 00" West 337.72 feet; thence South 84° 24' 00" East 50.00 feet to the place of beginning, in Springfield, in Lane County, Oregon. The Property or its address ieonly known as 4107 Industrial Avenue, Springfield, OR 97478. The Property tax identification number is 1688678. THIS ASSIGNMENT IS GIVEN TO SECURE 111 PAYMENT OF THE INDEBTEDNESS AND 121 PERFORMANCE 0E ANY AND ALL OBLIGATIONC OF BORROWER AND GRANTOR UNDER THE NOTE, THIS ASSIGNMENT. AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS GRANTOR'S WAIVERS. Grantor Irmov all Jgn's or Jelenam aneinc °y mason of any "e Ftidalwleces' law. or any other onswM1ihmay pm tin eT from hrrein agaim,Gra r. InduJing a Wimnfor LET Jie To ntIandor Ifeb m for Jean Rey. .,are orIII,Leader a 111hool amens or coinplauon o. any to—d um Or", eimer judicially m ev eaeaoe of x powero said BORROWER'S wGP/ERs AND RESPONSIBILITIES. Larder need net :oJ Harrower ahnm am arn, or ineetion Leader area m oso—ban 'E cola Bo, ....reMHa ear ben and kcap... 1 each oboe a Propany ear ni a NII a °ac rnr e el Leimar nmadmg wit ho OIIm yTrefut of Lender rather Dean Deaan 11, Property. D vaaelaty by Lander empory. mroo, acre e ro remain Ilixnle under tie Note with to Fo natter e ons ups° Argo P wM1et action Lender takes or tars ID take un°cr the Axspmm1nL. PAYMENT AMC PERFORMANCE Except as otbereme r maned in rale Asse nmont or am Rslatea 0°euMonte Grantor snail Foy In Lender ,,,,,ad by t s Assigner s they become duo and shall strictly petle, of el G,a a°ligaL Roam lao Aeeignn ulnles and until render a light to Tor— rhe Rentsbroader MIm slid so Ing as There ° default under Md Avie nay m n Ras and c ml of dna aper and o nage the Property and collect me Fel cards first The gra e, a me,arrm calf, ,, Rene eIran not evoslmte I order s operate and T, the Me of cash edletaral m c banl°uptay p,ccemin GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor e. arrant, tom. Ow rsrep. a Rents A„ and eleai of all doth, loans, liars, nne°mbr nese. and naims except as dlaomaed ro and Bpoapiea DoLender , w, Reg. FAIR td Assign Cmnmr hes the pull dgbr, vomer and authority I enter Imo Pia Asalg°mart and Ic avian antl wnvey fie Far ,° Lender. No Pam Assienme tit. Grantor nee am aroma asslgle wm tree coHe'll, cru ai ILL., orad .rumcome. en[ now in N° Furter Transfer Grantor will not fell assign, --her, or othenesetliapeae o1 tiny of IGr°moi s dente Ia the Rents except as pmNded in this Assignment. LENDER'S RIGHT TO RECEIVE ANO COLLECT RENTS. Lander shall have too "Ohl It any tl, and n though r° default shall have red .maer this Assignment, P collect and meow me Rema. Fm coif Forte, Leonel a M1mabr, give sod gm me the Itnano, poworf bill Ramer, Notes, to Ten Lender may and all mnanth of the Property edo..ng Pet, of this ccul Lim and Totaling all aBts and n°!w en Ran6m no pall dlronlym LnnJeror Lender slay End,tna Pm . Lender upon antl take pos of the F— artyi II. and condo dna m orfm other , li"a Ire efornlall n l o Ran antl c all legal proInge L, for the M1 of the Property stood soon in—rJing, M may be naaevary to mc°yer possess on of the ePr°per y collect the hark and remove any mmot or moon a or urban person, from me Prvpertn Malato the property Land,, may enter upon Lisa Properly to n the Property a ocpthe a repair to Day the c contend of al ago a °f al empes, including 'heir cqulpment, and of all continuing cry,,ad ca a of m Rinne Too PropoHy In proper repairandcAna ton. and also to pay all lanes, resexemenu III wmmr uti iiesantl :he pram ring on tiro and andr r numnw "'-Los by Lee'., on the Pmpony. rempBan torn Law error may 1, xny and oil things and comply with The a Sm of Only- —1 ciao all h moor laws r°Ida, oraor:, pralnaFeoe dna �,awi,amenta madtawaeso>vemmemol ag°neloa offoming con Pronem. Lease the Propertyper car may mot or 11111 do Into o, dry poll or for P,npmry mr,um term or terms and an face tnnaumsa a, ASSIGNMENT OF RENTS Loan No: 71 (Continued) Page 2 .ender may boom appmptlale_ mployA9errca Lente, engage slender tae tlue m, alter m Lannon s name an m G renters may , gent tregeme e a m Renr,pda name, b ren and manage m. PmpenvU�n�;ud�s rob „ua,-mn dna appgsanb� of name. Omer Ams. I amen may on au scan other things and act, with mapem To the Property n tender may deem awropnata and may act mader—bly and smery in the place and stoat of Granmi a.no 1, buys of of me p—mr, of Grantor for the purpose, snared above. Hlleui, o Act Lander enol not he required to do or the foregoing aura r tomb end Is fab met ender snag neve No ms, or mon of hetomced,here or omasshall no requ a tender 1.1. air,other swebb oc thing APPLE ATION OF RENTS ant e,Pon,,, i� bed by I ander m c ,in me Property mall be for Grantor'9 A dna Lender m ay pay dam Lucia enitlnvp-sasbomtheP-m,. Larger an solema leareden, shag dearm:fie no a pose, r of any and zit mons Fcewed by it, however any such nems rocebad by Land,, wmm Iver dr, replied t, euro Lo and expenses shag ba craniad to Ir,,I bowies— All axpand-re, made by tender unbar thio All gnmmt antl nc immersed item me Hams anal become o part of ha mdonredness neccret by this Assignment and anal: be payable of damand, .um mmrn,t at the Neta dare from date of expo -mare w ill End_ FULL PERFORMANCE 4 Co er pay, all of the Indebtednessn due and other performsffirm mposetl upon Grantor sslT"I the Nol enlist one Related Document, when nall e e del fable onefnre If the A porn and a hme o1 ay financing s execute ncln9 cancers security sal in he Renta end III Pmperry. Any terminate, fee required by Iawnshall be paid F OrenmG if oriented applicable In,, LENDERS EXPENDITURES. If any a or proceeding I, cod that mould materially affect Langer's Interest In the Experts or L Cr r to aro .,In any ran m the Accordantv Persian Da nmadmg tot t embed to Gra a fedleIn scharae 9r pay when due any amountsFor Wr a reqred to parol ,menu, no bran a Longer lie or boy untlm this Asslanment or any Relatatl Documents, Lentlen I VIA In tnnaf may but poll iter In G1119amd ml tike any at n bar Lender booms appropriate, including but not limited w amino or paying a nutty Ito mum and ether calm ideal or pteed n the Ren or me M Wne Pmpeny It onying .1111�axes �onauhng. maintaining add opresory-liana Ideary. AIS Such e,p,ndlturtas Im,rred or paid by Lender for LM1nn tea at ma surged u r the Note tmmthe dot retl o paid by Lantler G the dab of repayment often 6 a s All a oxpen wSll hoc aper of the losemedne a J, at Lender ,It stLou payable n demand: iHl be ,tired memo balan ul theeyNUL end be appm bed n ung antl bespayahn -Il an, ns t payer o become tlue timing either Ill the era . police rr f2 Gl ma Nn- tLGI a tetl a a consul car ofas Is tlue antl payable I, In, Not TheoAssignm will sa payment of mese amounts. Such right ahallybeLin armed, m x other light, and rcmetlies o %och Lender may be enmled ape, Delaumr DEFAULT. Each of the following, at Lendei s option, s hell evnarihle an Flesh IT E nut under me Assignment'. Payment Default. borrower fall to make any elementwren dun sh ertho Intlebmdmv. Other Camara. BGr or Grander falls comply with o c pen any other eblignL toned In perform Ill Is Assignmxt or to any oM1M1e RelatedDocumentsor q comply wlh or o perform any miry obligation uoenenr of noontlAon con drat In any ulnar n9reement between Lester oM Borrower or Gramm. Default n Other Pay f Gra vvimin the required by this Area o make any payment for texee or Insurance, or any timet seemerntnamaeary bsplavent fillP9 after m affect gathered of any lien- Oelaulti of Third Pan . Bur any quo or Gra cr defaults under any less of credit. agreement, purchns serfs agreement,any other Agro r [,,orbol any other romm y pee enthat may materially affect ot Borrowar Favor countr rs(bamne, pr enty a abiinv m prform their examen coiaand 11 ender this Assignment or any at the Rmbmd Document. Emire,menml Defame. rard, of am party m rmnply with or perform when duo dry term, .11 ac,ni, ..... m or condition ,ntamH r aerrvlrammemtnl mm -meat a.A..led in eomneelen win the Propend. False Ste Any w or Insisted t antler by Bor far Ora n B,r r Grantorabban,ll under this Assignmenta Rallied Doc 5 false misleading Ir. any mady al —Pair, either nom or at t 1 ton ade or furnished or became, lse r the in9 a t,day time th-a r. Dehame eofmura ccount Thm A...gulf ur anyof me Xalatan oacumont Italy, m be in rm1 mraa ant effect gnewAng lennre m any emmmral t, rumon m create a valid and PmItGal ,eeadty Interest or fiat at any rime and for any reason. Deem or 1, afwncy. The d—IJA.on or Grantor a ne,prig-a of whether reall en In learn,, i, motto. env member wglmmwa from in, dm to debfdt any ,mer of Bon , ,going bua or me tern ,1 any mbar - If pair adGra termination ugwmt col n f IGr11, p erlGa mper ,agnea for the belief,[ of medlm any tope of cradibr workout or thew mmonecment itt! I,, p cuppei e, ends, any d nkmpmy ,rmaavency Iowa by or against 9,rrw.er or Grantor. Crediton m Fenster a Proceedings. Common—It of fon,Ipmre or fiermi d pmeasured, whether by judicial prow i] Is, eI I [tell), reps by any cmdlta ,f Burroweror Gre r by a y got til age-,agei the lion mearry urrup than indemeu The flied, tat. of Borrow,, orGrantorrain,nodeposit with Lender. How.,,,, tibia Event ut Default snail net apply if [here 11 a good faith dispute by B,rmweror brain, as Vit the vnlidl' or nobleness at the claim which la the beef. el the creditor -r toncmm pm .o ne and If Bonbwer or Grantor ones Lents of me ,edit[ car forfeit a proceeding and depositsn Lente, nen bent forme mdha or mMmorprmeco.Eom an andoptdetermined ov Lemaa,mitme, d—melas9eme oI,alwin,m„r✓n It fund [or me 6 puts Property Damage or Loss. The 'fore .y is Inst smile substndaty damaged, sold, nbonewed age—, levietl ,pun seised, or a [ached. Ease's Affecting Gummum Any of the ..it 9 a with re y Gua any of the Intlobm Ova nor tiro er bwume, mper r rather, e, dist r tethe validity01, or liability under, any Groto of Inn Inaeeteonda. Ads.cite-a._ A nwterlal adverse or ... a cons, 1n Bream', financial condition or London oulavea me prospect of payment or earth ,,no I.... mdmted...a wire moth. tax ... rip, . Tender I9III faith Ida.., half Inmlum. Cure Pm my d a default n pay curable and If Grantor he, u[ been give,a breach of fITthenAv within rvtlln9 rotor l St months maybe dadPGra after Lender antis ittan o Fl Ing o aIf.cm default L' . bre within lure r I15I day n m d mo are the can nos Loy demand ender doe nitLoo sole ms o to sureb a the default and btereaher cont rnucs and complete, all beau..nieces, n_.essery crops ydddiom be p Lau a tobe aslseen ea r ...... bly Practice RIGHTS AND REMEDIES ON DEFAULT. Upon the asaurrern<uf any Event DI Defend and of any time thereafter, renal may exercise any nt ,no or more of the following rights and reed— In Onten m any minor rents or remedies pmvidad by law. Aa4er a IndebtednessLender sial he,,, right optic withouto Baro r France,o declare the entire IntlebLedness immxpencly it,, n d payable, maturing any popsymenl penalty that Rent— wculd be repuidadm pay. Collect Pen Lender shalnow the ngM, withal a Borrows,r Gm take nes of the Property and celled Ne fiends Indodine amuunt past use and Ined, and apple he nm proceed; we and an— Lender I coats, depart the Indebgdness. In filrmi, et tl,s right Lender shall leave all the rights p'ovidad ler in the Lenoe/s Sell 1G Rsoanu and able Rents Gembn, neo. II me Ren reflected by Lender than Orn cably , aid, enter s Grantor [act ender von Ifrp,'m therecrin the ofGrantorantl to negotiate�he no ,.halt III cereals 'oyer s by mner a Lenu 9 demand shall ,,flat, he oblgm s for which the payment, a made, whelheru or not any y proper grounds for he demand oxwno. Lender may exercise It fights ampr rho guar _raph either In person, ASSIGNMENT OF RENTS Loan No: Ji (Continued) Page 3 Or vgrm,.1"Id r,ao'c'm n[R.... wr. Irntler malln orho light N M1avea Ind to annex.... o r III or any p an of IM1e Propert,. w nit ,e power to pmmcl aril or ve the Property, to operate Property PopoNng wmtlosted or sac aad to select trip Hama from the Property ,it apply the par—d, wantl above he co or he n s nlM1er t pill pari Inuobtetlne Tripe U m sev wlrnout bond it per Io0 by law AT dor right to the appont of a shill awM1t the apparent value of he Propene axcoatlx the Inelebletlness bV n eubsmnnal amount Interests,, by maker aM1ell not Jieeuoll', a Peron LommMng ea a Other Remedies- Land,, shell M1ave all oNvngms nntl Awyeas provided in chis Assignment or no Note or by law_ Elan media. Elec l by Lender o our meJyrhal n ewlubo par of a other remedy, and a nlec make axpenrt. take o perform obl,y,L el G'an dor this Assignment, attar Grantor a fail... to perform p shell not affect Lenard right to doctor, a Jelnull and exemlm iG amodlay. u Attorneys Fee,, cap...... If Lender ImbNtes an anfomo any of the terms of this Asslgnmenl. Lender shell be ..:fine to erne s the may adjudge s' hep til and a any appeal. wbatl v,d sad to the c prohibited bynlew sal art sole D.pon a that n Lands, rt la yaol extent n0 sant rte �ml, upon d ornpay are soyet any time for Theprotectionor Ila mate Irnrm. ante ae merit open dgntahit ullrcord to partorTsIeda Indebtedness his aPagano n este wh end,hal min ,r Te Note a o-om me dot else avpenrne ng deo... face red by this pamgmpn ludo, a rise Had min any limitssand expeord.nses a, land s' Inn nntl Leader stalesto modify ....I,whether ny arithmetic ithmetiaieoa lawsuit, ..to,) nnorncys' lees antl expenses pr ,degdentient pmectTingsegnces the bands m momly od Toy n miu^ntbm, a .ale, and em ,r,,F r& ports, ago ant aisarn. a ne a OI a „enne any a pct er,lp,a m...r imam,.-�ft pel-ked plmreM law mpnrol, surveyor c' anrts,and..fe, ill hetintoinstance .oa ...dedfartby ,board,, defend, m me nxhm p.rtnmea fry opoleome law. Grantor etre wnl pay any eo,rt maty, la apemen m all ono, a,ma pm.aded by MISCELLANEOUS PROV SION5_ The IOIIsv ins mwcensermin pYvi... da ere a part of this Assignment'. Amendments_ TMs Avlgnm together with any Iielatod Dov the under anding and Sere ant of the pan the Orth In fila Asalgnm No o the Ass Snell be efEw,p unlsse saran.. rvn,n antl a fl by the parry or parties sought to be charged or bound by In,@notaion or amendment. Papua, marry Eal heading, In this Assignment are for mnvensnce purposes only and are not to be u,ad N me,ral or clefm., of, provisions of this A"Iignmant. Governing Lew. Thin Assignment will be governed by federal law applicable to L—aw antl, to the extent at prmmpred by federal law, the law, an. Stn of Oregon witnoal r,,aid Lo r6 cpnfllcta at law myna .. This Asslgnmenl ban been .coapted by Lender in the State of Oregon. Cho of V.a n Ter, ra a remswr, Odam, ogre n ,pan Lender, mgnest to submit m e uaaaleuon of the count of Lane Count. State of Oregon. n Jal.I antl Sao ... I U.Ineny. All obligati,na or Borrower and Grantor ,Fort this Assignment shall be loin and,swami. ,,it all references eachCry nt or shell mean each and every Grantor, art S,, appercvn lu Borrower shall mean siert and fear, Borrower. Ibe maane that each al r signing below r esponxlble for all obligations 1, WM1er of ow parties Is r arpM q pnr nnlp, limited so try company o ..Jnr uLy, erg t oaths pow of any of e n a ogse 4 da ofneers. dlrartors, partner,, mambemp an .,Her ,and Story or purge Ing m act on Teentry , Logall, and an obligations Joyce art rea or created mreuanm ,pan m, pund.al awel,e at rush paws, anal be ,nren eea ,ease mom, Assignment Merger al on merger of me sea b, Tse segird any l ..l or cattle m m. Property o an time hely b, or udNbenefit on tined in an apacityr without mo wn r, consent of Talent. mrwpre lit what, Ter a than a Bar d Gra Jia al w a Asaianm We amemortboth be seemed 1, neve been dead m the plural what,, me content and constriction so regmre,aC roll,I... Nan onelperson signs the Axaigm a, Gra Obligation,of oe a IOv Nt and rel The s Had if Len er arms, o law Lander may sue any no or mom of the Grantor, If Bonn— and Orenour and rot the same pe son, Lender noad n¢ ale 3— first and trim Borrower need nor be ,,road In any IcwsulL 131 Jr. remee given to paragraphs or sections It the Aralgnaren'. are tar omvenlnn a pay— ony. They.,a ria o be used In dompa ordIIine Ne provisions of Tis Jordan— No csint. N, all v.. by Lentler. Lender shall net tbe deemed to M1ry wait n right under sign.. unles such m s given wririne x of TO Lentler an dary, o me t Len right anal open of m right Tiny o right A w er by Lender at alpno of the Asegm ascertain, an 1 o,un oI Lamed, dg M1 r I. ens 1,11 mRu M1 f any other pm M1 A ,not p' nr by Lentler anyTYLIST of our hoe a Len and Grantor,vshal of I aphis of a or Gra obi, a rut Wne the of Lender entered u h AS""u lithe gNd ng ahs nt by endnr In, transactions n continuing +uHxa Instances where such consent a required antl In ml T—S aann .1 all I rno, be granted o, cwlmnoltl mein, ran discretion of Lender aril Not Adv real ad t e grvo under Ts Assign.. ,ball be as setting, dna anal be effective ,ale deMctea, when erred by Hall [u,I.n other red by Ire wher deposited on a raltyo act—dd night a rr lir, lee, w d,p,, ofd I, in, united States mall, as fire mala cadlHnJ , ref man postage para, aileaned m Ne add Bass, at Two neer T, baakrning or this Aemtea pm snmont Any party m y change its address for nobwa under Nis ,,Assignment by giving barrel w over pan oilvi LM1to the Parnas of In. arise In ousart,an o cF providedaid a r notice y one fit hereGrais roegreas to fly C rater any note o i all by L d brar to or any owtent dooms. Unless mM1eev en ,a.11 provided n reeuiretl by sew, if Trre Ir morn than one GrantoC rtry notice given Try Leader h env Grantor Is doomed to he notice given o all Gmnmre. Pow of Attorney. The .gen and pec ,I stainless veyaa - under Td Arai lent are qu tod led ,.r ems o aecunt en ma no pbe revoked by +ratter umJ auc unto a. bio Hama are an-mr.w .v en1.. on ."blit , daf'alf jluedicoon n enforceable a any finding Shall a make Ing pm rogae ,,aid, o nfar eableo any other I if laarlbin, Ing oro chairnoconsidered barred r Ibal t bac s .gal, valid and enforce' nfot e'01cdit the attendings pro oc boa tmodbed,l lshall be reale! m Tia Ansiqnm m Unles ether reit dy rev ma tI... rte. Tvalat, or unentoodeartly ofany pre.I NdAS, s � Iran lha f. the legs valogv bird abinv ei any ether provision ITb Axxigmerr. S.e .ad Assigns. Buoyeany lm ahtfa in n Am of Oda , TI, Assign.. hal be elomoganpon ano me neoem of in, , Their amigos toaster or ownership Property bm !ted In a on ,mer nn Grolier Lender, wlmo, e Gra y a zl 1111, G,p with refer o coli Assegnm no ma Ademerness by b ay of red—.... 11 raft, vdmout releasing Grnm.ba stns depaeone of nlsnAMATgam..�. 1.r felxnY ,near T. abandoned - Time Is of the Ease,,,. Did- Is of the essence In the performance of this Anagnmenl. Waive Jury. All parties to this Aaaignmem hereby waive In. otter to mr, jury trial I. an, Etion, prweeslna, an c sendespeim bm.ghot by any part, against I., ler .an. Waiver orRache eJ Exemption. Granter hence, roincens nntl waives all richt and beaePos at the halabi d e:ampron lawn at ins State of Oregon as 1. al Indebtedness¢ secured by Idle Asmgnal 1. Wafver of Right of Redemption, NOTWIIP. STANDING ANY OF TH6 PROVISIONS TOT f GENITALLY CONTAINED IN THIS ASSIGNMENT, GRANTOR IIrnrRY WAIVES ANY ANO ALL RIGHTG OM1 REINIPION FRBM BALE UNDER ANY ORDER OR MW LF JGMENT OF FORECtDSF ON GRANI011'S OLHAAND ON BEHALF OF EACH AND RILEY PERSON, EXCEPT JUDGMENT ASSIGNMENT OF RENTS Loan No: 71 (Continued) Page A CREDITORS OF ERANTOR, ACQUIRING ANY INTEREST IN OR HILL TO THE PROPERTY SUES LOU ENT TO THE DATE OF TIDG ASSIGNMENT. OEFI INITIONS. The bell,cepilars-1 aY,1, enJ lennull b ✓e me lolla'.ving m ..arcs w n this Assignment. Unless ,par stated He the mmrery, all references to dollar amounts shah m n behalf moneyIfthe Un1wJ Stales of Amenca- War aa and terms used In me singular when include the plural. antl me pure) anal iNi ma ....color as me Domer[ may rogwm. Wands and derma not ..merv✓iao defined m this Aml9nment anal h.oe the meanings unroofed m soon terms it ON Un.fuom ,ommornfal Cuba- Auignmenc The wort "Asalgnmenf means this ASSIGNMENT OF NLNI S, as this ASSIGNMENT OF RENTS may or .mantled or mommed from time 10 time, 09etha and, all exhibits and currency xnac her to thin ASSIGNMENT OF RENTS from time to time. Bmmwer. TI., w rd "borrowermaenad Ros000ir John P. Hammer LUW, LLC: LULU IL LLC also ACR Properties, LLC. ..(.UK The sHot "Detroit "mannamoConsultd of bah in The Assignment In the section Fired 'Default "- E1.1ofOefaap. care, E✓c[nf defirs, more, any of the events of default yet from Intris Assignment In In, default .av:uon onUis Ainhu—n, n Gre.In, The and Grant- rreeiss ACR PmpeNes, I I" and I H" ILL. Guerentor. The word fAlmorlde means any 9ua on op of,, or .... mmo anon paM of any or all of the Indebtedness. Guaranty. The word "Curren, msolo BY goo anry firm Guamnm to Lender, mcf,l w,Thai 6muar al a guaranty of sal or pan of to, No" Indentadere The ,rd "Head edne .up pal,Ind else other and expo, s payame .near me Naf or NoI.ma ouaemama, fee the, with en ren—US o6 extensions or t modlieations orllo sollo aorta of .,G sebapwu.ns dor me Note or Related Documents am any amounts expandod ,raevanaea by Lord- I, moan..Us Grantora obligations orexpenss mcJe,d by lends to .nmm, Gmnmra ,bIi .. ander this Assignment :ogemor with interest on such amuanv as pleaded In ms Aboaranent. Lender The word 'I on means ii Communlry Credlr Cnlure iI, socu'essars end assigns. Note. The card 'Nam' dear, the p-nd,smy note dated November IJ, 2016, In the Original principal aMOUn1 Of $1,233,]50.00 ham Borrower to Leader together huh al reargyarry of, ,news„a at, mumRc.t,n. ,t rancidity, op on chdadmtiol,and MT,I,utona for the pmmbeoryn,to ,r agreement Pmpeny_ "Farm,` SII ,t Grantor dent the and Interest In and to all the Property as described In the Al -isms en( section of this Cooiy meet. Related Dao . The come "Related anchorall pro sory n moll a9m sloe aAre bI agreements, ganira,tieS, sl ago—tv,monea,c''r "Yeamoa v y deals oali.teral mon9ageSe and alolder ma mmon s, agreemee a an' commonly, whether nor, 0r Hercule' emetlnerte.a-tardlm aonneo mnwlm PIE ma,hlmin,aa. Ben Tne wain "Her all .1 Charter e pre mat int rent and under and al pre and lw elan Including without l ra all renta, 4eluesrlbon vada, aeh o deo n1,y ,..this Pmnm e c y o sada Ilio l me ether pev and Des pa aoei-m o , b, d nm such Its evan kind. ant i wharbor dna now or Ever Ildudng wbmom lm:Rtrmn Grente,, That t, arbor,, slab lessee a to In meeNe and correct payment prices,,. th,m,,l,r. 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 GRANT09 ON NOVEMBER 17, 2016. GRANTOR: ACP PROPEFnES, LLC / ^ I// l/✓E,✓im�i B�{1 Prearoe�ivrne, Member O. ACP Properties. LLC FOLULL LLC STATE OF or ..�-- - ROBERTCRAIO CARPENTER ISS NOTARY ALIPLGOREGIXN OOMINGESEN NO. 948668 coOrvTV Of p� _ 1 MY COMMISSION EIRRES MARCH 25. 2020 or, only Yrdli� m, .1 _— ,'all �m m, before me, me undersigned Notary Pabg,. otl J_ Rescue Divine, Member of ACR Pmpwnu. LLC, and Mown to o be ember tlesl n of me IIal li,bil�9 company Lot exeoNed the ASSIGNMENI GFX Nf S antl n owlodgotl Mo Assignment to be me fres antl voluntary e TIED boo tIn, limited Readily y. by ors unable, or a operating egm y for the wTo— aturerein r, n'L endo oath stated met he oro l&no IS allopor m reacmesthiss Assgnmem arra m tact execmeo and Ad,QUfrent an behalf osma limited liability company ^ Be +1_ f/� _... Residing at--�� Newry Pnbnc is antl frma��%eme.. MY.ommlasmn snares f lTsN f”' ASSIGNMENT OF RENTS Loan No: Ti (Continued( Page 5 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT any OFFICVLSAMP STATE OF �i ROBERT CRAIG CARPENTER I55 NOTARY PUB-Flo-OREGON OF L _ CAMMIS$IGN No 94E �,{♦ MVCONMISSIORE9IAES MARCH 20.2020 Ontna �� _ nay of �(//.�// � _ , NI , before me, the ulderaigned ta—, Public, amtl onto P. Hammer, Member o! LULU lir LLC, Memo,, of LULU, LLC, and known to me fo be a member or eoelgnalc0 �nLI Ne limeeb beta Ery wmnmry In, L—alen lnn 11SIGNMENT OF PE.RC -el aaknnwleegee the Aded tal to be Ile Too en,l enand deal of In, limretl Ilariht o 9, by Boom of a of organ .l 9 a d V a Nar ted a t d that nc or IMdz nueior-d ,....cute Erns AsendYent and n feel emcuNtl IIn� n" "Rnnonu on ban If of me Iernlyd batahly remeanv� ays� beam.,. a�.. nota' 4e a at art- Mr unmm6alon asyl,ae J—�� _. T v_t69.o cls Cnr U+H:fly A l.,o,l,n 1. 1, 2nl b, All bgn, beamed - ON L:wananNCIILVL1U1 a. FC TR 2152 Lane County Clerk ATER E RETURN m: Lane County Deeds and Records W -06H72 1TITLGcMPN 8,1 WILLAMETE Si EUGENE OR 974DI I I I II I II I 1111111111111[$11111111111111 I I I III I IIII I II I II I I III I III cr oZgSgqz Ic4Z $57.00 01692149201700608720030039 12/12/2017 01:12:49 PM RPR -MOD Cnt=1 Stn=9 CASHIER 02 $15.00 $11.00 $10.00 $21.00 RECORDING COVER SHEET (Please Print or Type) ------------------------------------ ------ ----_------------------- AFTER RECORDING RETURN TO: Cascade Title Company 8 1 Willamette Street Eugene, OR 97401 1) TITLE(S) OF THE TRANSACTION(S) ORS 205.234(a) MODIFICATION OF DEED OF TRUST 2) DIRECT PARTY / GRANTOR(S) ORS 205.125(1)(b) and 205.160 ACR PROPERTIES LLC LULtJ, LLC 3) INDIRECT PARTY / GRANTEE(S) ORS 205.125(1)(a) and 205.160 SELCO COMMUNITY CREDIT UNION 4) TRUE AND ACTUAL CONSIDERATION 5) SEND TAX STATEMENTS TO: ORS 93.030(5) -Amount in dollars or other NO CHANGE $ ❑ Ether 6) SATISFACTION of ORDER or WARRANT 7) The amount of the monetary ORS 205.125(I)(e) obligation imposed by the order CHECK ONE: ❑FULL or warrant. ORS 205.125(I)(c) (If applicable) ❑ PAR TIAL S 8) If this instrument is being Re -Recorded, complete the following statement, in accordance with ORS 205.244: `RERECORDED AT THE REQUEST OF CASCADE TITLE COMPANY TO CORRECT THE LEGAL DESCRIPTION PREVIOUSLY RECORDED IN ROOK AND PAGE OR AS FEE NUMBER 2017-044141 .11 AFTERRECORDING RETURN TO SISCADETITH'OAFANY SI I NULAMERLL3I, EUGENE, OR 91401 CT 0395993 3679/9-7f XR RECORDLane ATIONBY County Clark Cardio r, Creat DED aiwa Lane County Deeds and Records 2011.044141 925 Haiaiy, R Business banking -Gateway 926Commands, Rosa,Suite 230 Forromela, OR 97477 iii iii ii i iiii iiii ii1 $52 00 iiiiiii iii ii 111111111111111111111 WHEN RECORDED MAIL TO: 01 673487201700441410020023 09/06/2017 01:50:18 PM but. Commodity, Cr°a° Loid,RPR-000 Comm e..of a Bmmes Banking Gateway c Octal Strai CASHIER 11 925 Hadow Road. Saba zz0 $10.00 $11.00 $10.00 $21,00 Springfield, OR 97477 FOR RECORDER'S USE ONLY MODIFICATION OF DEED OF TRUST III III II VIII VIII IIIIIIIII IIIIInabo RII VIII IIIIIII VIII II II IIIIIIIII I I IIIIIIIIII IIIIIII tmxxxxxrxxxydGeGl zDl 27.00 ]I THIS MODIFICATION OF DEED OF TRUST dated September 1, 2017, is made and executed between ACR Properties, LLC., an Oragan Limited Liability Company whose address Is 555 Lincoln St., Eugene, OR 97401 and LULU, LLC, an Oregon Limited Liability Company, whose address is 545 Conger St., Eugene, OR 97402 ("Grantor") and SELCO Community Credit Union, whose address is Commercial & Business Banking- Gateway, 925 Harlow Road, Suite 220, Springfield, OR 974771"Lendm"). L1 of least l d Onmr nave onnad mm a Dead of That dated September 1, 2017 (the Deed of Trust I mouthnae bads I, n° rrded LeC..., ra State of Omu— do follows. Line of Credit Instrument dated November 17, 2016, and recorded December 1, 2016, in Lane County Dead, aad Recama as Document Number 2016 059748. REAL PROPERTY DESCRIPTION. The Deed of Trust dr—re the rnlismag deacnbed mdl contents I ... red Ia Lane coon, Stale of Oregon: 5.4• Lo�HAMMER INOUSTRIAL PARK, as pia dad and recortletl on April 17, 2002, Reception No. 2002-030122, Lane County Deeds and Records, in Lane Count Y. Ore SV. EXCEPT. Beg9 Dn'mg al the Southwest corner of Lot 14 of sai AM MER INDUSTRIAL PARK and ru the along th Westerly boundary of said Lot North 50 36' 00" East 312.11 feet; thence North 27" 20� 34" West 44.53 feet to a point an the Southerly right of way of Industrial Avenue; thence leaving said Lot line and running along said Southerly rig9ht of way along the arc of a 535.00 tom raJlus curve m the right, the Ion � Ford of which bears South 69° 59' 30" Wxsf 28.59; thence leaving add tight of way South 5° 36' 00 West 337.12 feet; thence South 84" 24' 00" East 50.00 feet to the place of beginning, In Springfield, in Lane County, Oregon. The Reel Property or It address 1s commonly known as 4102 Industrial owns Sprngflcl4 OR 9]4]8- The Real Property lax Mectocadon number is1688618 , MODIFICATION, Lender and dinner unions modify the Deed of Trust as follows: Endorsed Maturity Oat. to December 5, 2017. CONTINUING VALIDITY. Farber as bxereaAy modified above,'ne terms of tire original Deal of Iarc sLdll m , uncbai antl in full force and enter Consent by Lender to isle Modlticsion dons notwake Lender rigntto mquire aids, parloim bnin of me Deed .1 Turn, in efiang zd above our ° shl Landbrto make any torts msfirr elrons. Nothing In this Modification Snell constitute o rearrested of the pm mid spry note or other credit agmemem secured by the Deed of Trust Rhe "Note'). Itis the Intention of Tur ar to retain w liable a1I per o the Deed of Trust end all par n and.ndor o the N°, including a mods, n pa, doles a perry Is norecaly releare by Lander Any maker ander, mludin mda ,rear sn all ... ones, released by v of this Modification, IY any npor signedorigin I Lord of Tried rine sign the Mund ea , than all per ended below a.knowladge Ta, tai, Modifi a a give undid sally, b ... J on Nb rcprc o Lander ,nerNe ng persons s ig rt Ina o,,a.... and pmsisions o, orsnpmffioedon or dmertere will not be cleared by it. This waiver applies not only to any initial extension or modification but also to all sdah subsequent action,. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND GRANTOR art TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED SEPTEMBER 1.201]. GRANTOR: W LV II . M�e}mbye slot LSV L(�LLLLC Jahn P. eL Membrt of LVLV IL LLC MODIFICATION OF DEED OF TRUST Loan No: 0071 (Continued) Page 2 LENDER. 5ELCO COMMUNITY CREDIT UNION X Craig IeL SyP Lending A Busirne, S.1hate 5 LIMITED LIABILITY COMPANY STATE OF 55 COUNTY OF 01 ting \ day of .0 v' 'v_ 1. A7;— , berate re. Is undarrignad Notary ',him personally appeared J. Roscoe Divine, Member of ACP F-ragens, LLC, .11 known 1e Me to bn n almd,11 nt Jcslgnatetl agent of the limited liability 1 d has Onfirday, .1. d atlhad, add acknumv1diIM1 Mtlf 1. be thetl Islasup, atld d fh l dl'bIY p Y.bY M1 h" angle1 9operatinga9 ,fitM1 .sand Pr Poee E d F a etl h [M1e or aha -s h d o exacu M1e Modification ' J f orad the MOE f�p-i�`�M1n11 u1(�Ne l d 'or .oiompl Y _p DV I Awa u Prv� Residing at A A� I-sc Notary Public fn and for ta. soot, - My oomm159on expires \ 1-- \\ -1-U \ LIMITED LIABILITY COMPANY ACKNOWLEDGM O CRAIG`TMAP sTAre aF 1 RGBEBiCMIG CPRPEMER NOTARYPU&1CONEOON Its MV fAN1M4RIBXFNNRF110MW N,2mo COUNTY OF `14vp _ 1 I 1 On tM1la J tlay of I.L. I LL 20 before me, 11e unJeraigneJ theory Public. gone Y appeareJ JOM1n P. Hammer, Membe , UL„UTTI, LLL. M,mher ,f W W. LLL, entl known to me to be a member or designated agent of No limited (lability company that ...cured the M,Jificati,n ,1 Feel or Trust and acknowledged the Modification to be in, free end velunlet' sol and dead of the limited liability company, by authority of statute, l6 battles of orgumbeten or no ,pealing ayrc,M,,t or Na as and proposes theme mentioned, and ,n all stated that le or she is a,Ih,n¢tl lc execute drug Modification .no In t.ct .mrvtoothjnM,dlficnt—— hi of N, limited lability company. By i�/G� Residing at � y(q NMary Public In and for the State ol�/l°Cbin My mmmiasion expire. 3-,\ )- G LENDER ACKNOWLEDGMENT Ol 'ABUSE KRISn” M!N RICHRRDSON STnTF OF Ci f'ri`�C �= 1 NOTeRYPIIBLICDRESON ISS COMMISSON N0.923)10 \ MYOOMMISSIONE PIRUDECFMBEfl11, 2911 COUNTY OF `C" -- 1 On Nie day of V 0. mama rne, Lha anderelgned Notary Public, personally appeared Crop Carpenter and hno o be the SVP Lending -b-Business Solutions, amhonaed agent for SELCO and fo _ ,it acknowledged aad ma , he the hey aadvelun Inhumanity lma e dd�� d I SELCO Co y Credit Urgers. a Iy I a by SELCO Community Credit U n instrument brand f d' ea amm„�,I t ry. ,a I,,- p a d. a oath stereo a Un be .r an authorized ex n n ivumam andmh d l soldn11 b c 6 COC pnrty Lretln at Union byP). �11(s Ad ArCA.✓w Residing Emery Ppdbc In and lanF. Stne.1 My c,mm6si,n scrica-}- Laterite, Ver. 1].150-089 Ce, O+H USA Corporation ler7r 2017. All Right, Rn .... ad. - OR C.gbwdhmCFIALPL,G202.FG R-2270 PFI ER HL CORDIN68FTUge G, Ordow" PR£ evMder, ITAIRoMFrtEST mCE"M.401 Lane County Llark �I L� p C(02"I3rp Z Lane County Deeds and Racer ds 2017461181 - #3b'i°119-7-I KR RECORDATION IIIIIIII1111111111111111111111111111 $72,00 sELCO TION RE UES Union enmmeraal & Briain,as Banking Gateway 01693160201]0061]8]0020023 g2S Raenw ..ad, spite 91D 12/18/2017 01:26138 PM Springfield. on 916P RPR -110D Cnt=0.00 Stn -40 CASHIER00$21 01 WHEN RECORDED MAIL up M. $10.00 $20.00 811.00 $10.00 523.00 Cli m millCar& Bell crest Umnn Commercial & Business Banking- Gateway g25 Harlow Road, Sblte 220 SVrirebels, OR 91417 FOR RECORDER'S USE ONLY MODIFICATION OF DEED OF TRUST THIS MODIFICATION OF DEED OF TRUST dated December 15, 2017, is made and elloouted between ACO Properties, LLC., an Oregon Limited Liability Company whase address is 555 Lincoln SL, Eugene. OR 97401 D LULU, LL ., E C, an Oregon Limited Liability Company, whose address is 545 Conger St, OR 97402 I Grantor"1 and SELCO Community Credit Union, whose address is Commercial & Business Banking- Gateway, 925 Harlow Road, Suite 220, Springfield, OR 97477 1"Lender 'I. O OF TRUST- I nnnnr ran, Omr hmn nmmua el min n Dead til Tl acted Jaaembar 1S, 2017 Om no Deed of ISPi which nae a__n L'aran,nto re,, in lune Onnmy. Slalaor oreg.n as muowi: Line or o eaH Inaanmem dated november 17. N16. recmaoa December 1. 2016, as Increment Nmn bm: 2016-059748 in Lan, County Randa a d Banned, Line of CriticsInanreea nmant smand Dole Is, 17, 2016, & he dCape n bar 12. 209. a Number: 2017 060870 In Lane Loner Deeds and Records. Subsequently confined by a M,tliardsm of Deed of Treat dated September 1 S,mon b , 6 t Nunes— 2017 044141 in Lane Penney D o ,even of Beat o1Twt tlamtl Sher—d e 1, 2017,5& rerewroad Oecemfiar 12, 2017, os lostmmemMercere201]n060872. a REAL PROPERTY DESCRIPTION. The Dood it Tms coven The lars— d described real property g,dV0 a no Co.,,,, Eng, of Pop - Lot 2 of J.P. HAMMER INDUSTRIAL PARK, as platted and recorded On April 17, 2002, Reception No. 2002-030122, Lane County Deeds and Records, In Lons County, Oregon. EXCEPT'. Beginning at the Southwest corner of Lot 14 of said J . HAMMED INDUSTRIAL PARK and run thence along the Westerly boundary of said Lot North 50 36' 00" East 312.11 feat: thence North 211 20' 34" Wcm 44.53 feel m d Carl[ On Syrnthrly right of way of Industrial Avenue: thence leaving said Let line and running along said oevery alone the arc of n 535.00 ram s radmcurve to the ri9htr the ISoutherly right on@ hord of which beers South 690 59' 30' West 28.59; thence leaving saitl right of way South 50 36' Get We N' 337.12 (.or thence South 840 24' 00" East 50.00 feet to the plane of bt hr log, in Springfield, in Lane County, Coppen- TreRaal Property O nodmss Is ocmmmsly known - 4107 IrvJuslnal Avenue, Forin98altl, On 97478. -"Fo unit Prnpany in, Itlo'vm i011nn number is NIESS78. MODIFICATION. Lender and Gromor hereby modify the Deed of Trust as poll— Try is NoLon, e Line of Conrit uner.... V Note The v,se "Note e perp s-, n m o tlatl NoeomboTo 17, 2016, In the o nap et amyous ,]50 00 1mm 8nr ontlorn snot ,,in all r tale o motllOca pogo Of, soual antl surLar",. e'tl n y 'uR ot, Olva of in, Vns m sngmvm' Th, me only note I tie Note is then 6, 2o51. CONTINUING V - Fxonpt no c .sly modlflod an,,,. r ,f too o nnl Guud of Tamm shall reenged a n full arhom nt by -ander to Ola. Anroa .to da'c rITT u Ap,mmn fore Rod iff Trust nangetl a bow �o i' shiners Inwoor to Doke any Fred mod c g - n shill x p,o boson' no cmnr —Ur her....n..t ,err by m. Deed of Tmxt fine "Nma"1. h ps the n of _ender to n abl,ior .. to Part, ea le the Deetl RIF on Al i aFor e urs U, 1111 ng r' d antes ar wessll M�sea br harder 1e. Airy m ,nmr, Lat mak snap t be er t.L Oflc L tiny f vr, igtal he o g' -I D �O of now a a,on he m bT n m 1 balnw acknowlatlge OmL lh3 MutliOce Ontliti spm o lamtlorthet the - prongperson [he manges and pm of odT there,,, all -1n eleaaa,by, L The a =ptlee 0, SU, vin Tml eaanainn nr no ch, virom. Ful z6v in eg a1M aulvegnen ac mne. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND GRANTOR AGREES TO ITS TERMS. THIS MODIFICATION OF DEED OF TRUST IS DATED DECEMBER 15, 2017. GRANTOR: ACR P1� /$/, LLc o- �.//� 1 L Ersm r a ! fl l d j� limeoe Divine. Member of ACR Properties, LLC UUHC LLC LULU (Ap, Member of FULD, LAN alloodall 11 FULD 11, HE MODIFICATION OF DEED OF TRUST Loon No: OUmt (Continued) Poye 2 LENDER: SETE Eric had, Vice P .... rand STATE OF CrFpi 1 I I55 COUNTY OF V-atLi/ un this bill- ay Or bft tion IC Y"-_ . 20 r] M1nfne m , he udiselo netl Xmsry Pablo. pally a nretl J. Buaroe DMne. Member of ACR Propanlos. LLC. antl known to o Lea or tle,gnnmtl ngone of the mLnr WO IFaLIi yen 11 111 Lerecutatlrim byHmtlm offOr,of TrvsanJa oknowWsurtthe it, p.... ed Nr,IT, refn vuloo dry bad TO,in iowed 1,L M. IT'neltm otnrgan orlon nr lrs atlny t for the Intl U n cn J _ fo er he s M1 ¢d .n ¢sear¢ ,Ira Mod ber. y r .owl IM1e Modlryca deM1alf of rM10 limimtl IiatlllLLy urnpanr. n gen cn / BY VV"v 'l Resident at �f�'3w2 ( ary Lir NofPublle In antl far the Slade of Ofej�NVl MY elm-ons-nr V.,a, -�I I I STATE OF Of e(4n, I ISS COUNTY OF �.Ilol'e. I oa dma P7 day a1 OCC e 4n liP ✓ , 20 i7 , later, my, To nnderalgned Or Penn pp—ed J M1 P. Hen r n Al o bi LC Mombv of LVW LLC, and k me m h 0 daslyynred egent ad the limited ability company Lor esecmetl h A d Exri,1 o` Oeea el T raL aIJ k le Ig,d III M 1 _� L _lie Tree ,M "OhnO my a and a. wl of To kn lad (bell, ary by out fortty of 5 a,tylez Oda Zero,1—, fill end Isell 5 mer end e ams that n ,r shay a ell red ...ecaa N5 r aUfcato Old 1her ,,,,,Led me MOddkadon an mno vmyo al mimd Idyll, wmaanr. ISD [floating It CIFP�weil 14IL Ici Poll Ia lad ter ne.date ofAYa°l1C✓Lbay-nereamna.pm 3Ir'i l20 ZO LENDER ACKNOWLEDGMENT of£YGusIDMP ILE ��_ - TAALYNN O STATEOF dOTMYIGOXE1NCH COMMISSION N091AT3R 1 las NYCOMM65pXEXPME6 NAgCN09,tP10 COUNTY OF t-Idli I onmis IS my O1 le[CR.✓pbTf✓ m %' 1 , lame m or, rol Nnrary 1,11,. nor tl Edo Lintl antl ono o be he Vice President c agentr SELCO Com y Cid Uni �mnot W dlc -Ill Intl la g y- and a 'Ieer.J sto inserrebre 1, dnITT f d dc and deed or SELCO . , m . .0 . II .m ncn aro bii dna eald I_r unFtnI Ly Lilly U I �J O 7i .SELC /l y nlorO Residnp of 041W1L1/r ?y 1p-� -_ Nofary Publ'e in a ad for dbe Stade of OI'l7 UL. My vommisslon looee 311li2(ILC __.. WsePro, VOL. 1].1.0-023 Capr. D -H USA Cory n 1SZY 2017 All For 1, R ... —J CR C lbrend,CR 1 P FI.I FC TR 2208 Springfield, OR 9]4]2 Notice of Operations and Maintenance Agreement Private Smmasyao, Maoagemnn land Treatment System The undersigned o ere,a), is hereby_enen notice that sbrawater runoff Gam the"Property" described below n,ymfes searawnter management facilities to be IocamQ desiwted, sad coleloa dInocra anon Oddi the GtYof Springfield's Ease, e mg Design and Poo,dia AformnL Saidfacilities shallbeopeatul lend moinmined in accnrdaoce wiW the Opautions and darannall Agmctnan(OEM Agreement) on Glc with the Cir' of Splandled. Ots, Gopment=it Public Wurl.a Depmbnent ACR Piupen ies L.L. C. (Propene Ownermcvcloper) ak 9eo nedi t t I nt t t t tf lr I'ad- d': i t with euC (he City of s a t iitill I1d' thad t': vgaied in layntldn llif, he tAd'cm art baled atF this and Sfircleld. 'flis(ueilil, IIb opemtd d-rNined in acwnlanceed,td I in We latest edition oftbe Gly of SpmtgReld Rrrgineedny Desfgn suotdnrr and Pmmdwev Mnnrznl, Chapcm' 3 l he Gly ther.tl ishu t dInN ri a d, facility) td idte'T prry t n,th f ff be .111,11 aaaaigned. Fallen, ofCa cellon, 11Pey to aspectana braintanit IfaciGf can Itnall adverse pacltothe public stor, n scer, ,dem and the Duality of teoeicing water'. Till nefir"onvartt P -t ne"noteen 1'the 'trinviderowarneentf T( d with Ih-lI-'dsite diwabiarten g„eoi and the Te OEM "plescrient is binding II eures, and filate onvabas offlicp Pe tY The Agreemurt told its OEM Hannay be handifi,d orderwritl nrnew Owners elthwrt approval by and re filing onlIthiCity_ I he OEM Agreement ad C&M Plan for facilities constructed p IN this hill ice ane availableathis Devdepment andltblicW 1. Depen rL 225 fifth SLlp'ngLdd OraEontaellf 4q J(.391t'ecn [be hums of 8 not. and 5 p. m., Mori through friday_ I he Subill'pre :legally it, follnxs.:ri+t 1. or ort. cert 1 ..Is Iia Prover n.. '...U,os es' 1, omuorNhm .1 gins, acvnnre II”" S&H, EXHIBIT `A" ❑ysignal, below, the y Cupaand draceit (he t- d ptnv, contained-Nbe Cliedleci andMdintenaucc Ilan and in any documents abinted Tt Lunen-.. itrtc laded to he bivd'ngupon Urepatl':h t th' I , savowl and assigns. ��� ��� To Willowsereof, ma whtheualcnlfined has executed this insmmaemonfee i� dayof 20� ......so. / A .xle— yillMu _ 14f�^Y ` Q -t - Print NnmeU T' I<.—e—L. �I V ( ' — — STATII OF OREGON, Cowny of Lanz, V(+ / aD�B This insnamem as acknawledgexl before me has_ � daY of a - gyj.?o5cce Di's IYlhnber OSnACA LLC_ owned of the above dcseribecl prensua. Nn L'ublic lbr tlrcgen Mr Commiumn EXPues OFFICIhLSTPMP 4"k LYHDA LOUL9E MOPP6 NOTARY PU%IC-OREGON COMMISSION N0.93]15M MY COMMISSIONEXPIRESer 172019 Appendix 3A-1 $'." tuna Page I of I EDSP Adopted December 03. 2012 Lane County Clerk Lane Cuunty Deed Deeds and Racanz 2018 000856 I]IIIIII III I I IIIIIIIIIIIIIIIIIIIIIIIIIII[I I 111 $57.00 01695535201800006560020020 After Rceording Rennn To: 02:35:29 PM Glans E khan"01/05/2018 RPR -NT Cnt_Z Stol CASHIER Ol 380 Q Su"C 61e, 200 $5.00 $10.00 $10.00 $11-00 $21.00 Springfield, OR 9]4]2 Notice of Operations and Maintenance Agreement Private Smmasyao, Maoagemnn land Treatment System The undersigned o ere,a), is hereby_enen notice that sbrawater runoff Gam the"Property" described below n,ymfes searawnter management facilities to be IocamQ desiwted, sad coleloa dInocra anon Oddi the GtYof Springfield's Ease, e mg Design and Poo,dia AformnL Saidfacilities shallbeopeatul lend moinmined in accnrdaoce wiW the Opautions and darannall Agmctnan(OEM Agreement) on Glc with the Cir' of Splandled. Ots, Gopment=it Public Wurl.a Depmbnent ACR Piupen ies L.L. C. (Propene Ownermcvcloper) ak 9eo nedi t t I nt t t t tf lr I'ad- d': i t with euC (he City of s a t iitill I1d' thad t': vgaied in layntldn llif, he tAd'cm art baled atF this and Sfircleld. 'flis(ueilil, IIb opemtd d-rNined in acwnlanceed,td I in We latest edition oftbe Gly of SpmtgReld Rrrgineedny Desfgn suotdnrr and Pmmdwev Mnnrznl, Chapcm' 3 l he Gly ther.tl ishu t dInN ri a d, facility) td idte'T prry t n,th f ff be .111,11 aaaaigned. Fallen, ofCa cellon, 11Pey to aspectana braintanit IfaciGf can Itnall adverse pacltothe public stor, n scer, ,dem and the Duality of teoeicing water'. Till nefir"onvartt P -t ne"noteen 1'the 'trinviderowarneentf T( d with Ih-lI-'dsite diwabiarten g„eoi and the Te OEM "plescrient is binding II eures, and filate onvabas offlicp Pe tY The Agreemurt told its OEM Hannay be handifi,d orderwritl nrnew Owners elthwrt approval by and re filing onlIthiCity_ I he OEM Agreement ad C&M Plan for facilities constructed p IN this hill ice ane availableathis Devdepment andltblicW 1. Depen rL 225 fifth SLlp'ngLdd OraEontaellf 4q J(.391t'ecn [be hums of 8 not. and 5 p. m., Mori through friday_ I he Subill'pre :legally it, follnxs.:ri+t 1. or ort. cert 1 ..Is Iia Prover n.. '...U,os es' 1, omuorNhm .1 gins, acvnnre II”" S&H, EXHIBIT `A" ❑ysignal, below, the y Cupaand draceit (he t- d ptnv, contained-Nbe Cliedleci andMdintenaucc Ilan and in any documents abinted Tt Lunen-.. itrtc laded to he bivd'ngupon Urepatl':h t th' I , savowl and assigns. ��� ��� To Willowsereof, ma whtheualcnlfined has executed this insmmaemonfee i� dayof 20� ......so. / A .xle— yillMu _ 14f�^Y ` Q -t - Print NnmeU T' I<.—e—L. �I V ( ' — — STATII OF OREGON, Cowny of Lanz, V(+ / aD�B This insnamem as acknawledgexl before me has_ � daY of a - gyj.?o5cce Di's IYlhnber OSnACA LLC_ owned of the above dcseribecl prensua. Nn L'ublic lbr tlrcgen Mr Commiumn EXPues OFFICIhLSTPMP 4"k LYHDA LOUL9E MOPP6 NOTARY PU%IC-OREGON COMMISSION N0.93]15M MY COMMISSIONEXPIRESer 172019 Appendix 3A-1 $'." tuna Page I of I EDSP Adopted December 03. 2012 Exhibit "A" PROPERTY DESCRIPTION Lot 2 of HAMMER INDUSTRIAL PARK, as platted and recorded on April 17, 2002, Recorder's Reception No. 2002-030122,3 n Lane County Oregon Deed Records; EXCEPT: Beginning at the Southwest corner of Lot 14 0£ said HAMMER INDUSTRIAL PARK and run tf..ence along the Westerly boundary of said :ct North 5" 36' 00" East 312.11 feet; thence North 270 20' 34" West 44.53 feet to a point on the southerly right of way of Industrial Avenue; thence leaving said Lot 'line and running along said Southerly right of way along the arc of a 535.00 foot radius curve to the right, the long chord of which bears South 69Q 59' 30" West 29.59; thence leaving said right of way South 5" 36' 00" West 337.12 feet; thence South 84° 24' 00" East 50.00 feet to the place of beginning, in Springfield, Lane County, Oregon. Name: Standard : 3 North: 3885.7945' East: 10871.4334' Segment #1 . Line Course: N84- 22' 44.38"W Length: 329.030' North: 3918.0223' East: 10543.9856' Segment #2 . Line Course: N5- 37' 37.66"E Length: 565.123' North: 4480.4220' East: 10599.3982' Segment #3 . Line Course: S84- 24' 00.00"E Length: 83.047' North: 4472.3180' East: 10682.0488' Segment #4 . Curve Length: 224.862' Radius: 535.000' Delta: 24-04'54" Tangent: 114.116' Chord: 223.211' Course: N83- 33' 47.98"E Course In: N5- 36' 15.06"E Course Out: S18- 28' 39.11"E RP North: 5004.7579' East: 10734.2943' End North: 4497.3411' East: 10903.8528' Segment #5 . Line Course: S5- 37' 35.32"W Length: 337.513' North: 4161.4542' East: 10870.7621' Segment #6 . Line Course: S84- 50' 46.62"E Length: 50.076' North: 4156.9559' East: 10920.6356' Segment #7 . Line Course: S5- 33' 48.98"W Length: 147.748' North: 4009.9040' East: 10906.3114' Segment #8 . Line Course: N84m 48' 46.78"W Length: 22.511' North: 4011.9391' East: 10883.8925' Segment #9 . Line Course: S5m 38' 26.97"W Length: 126.759' North: 3885.7939' East: 10871.4331' Perimeter: 1886.669' Area: 184550.62 Sq. Ft. Error Closure: 0.0007 Course: S25m 20' 52.54"W Error North: —0.00062 East: —0.00029 Precision 1: 2692882.857 Name: PARCEL 1 North: 3344.3786' East: 8960.6321' Segment #1 . Line Course: N5- 36' MOVE Length: 290.524' North: 3633.5161' East: 8988.9823' Segment #2 . Curve Length: 223.399' Radius: 535.000' Delta: 23-55'30" Tangent: 113.352' Chord: 221.780' Course: N83- 29' 06.01"E Course In: N5- 26' 51.12"E Course Out: S18- 28' 39.11"E RP North: 4166.0968' East: 9039.7718' End North: 3658.6799' East: 9209.3301' Segment #3 . Line Course: S5- 37' 35.32"W Length: 336.972' North: 3323.3314' East: 9176.2924' Segment #4 . Line Course: N84- 25' 33.16"W Length: 216.685' North: 3344.3788' East: 8960.6320' Perimeter: 1067.580' Area: 66285.44 Sq. Ft. Error Closure: 0.0002 Course: N33- 52' 09.22"W Error North: 0.00014 East: -0.00010 Precision 1: 5329805.000 ********************************************************************** Name: PARCEL 2 North: 3641.7608' East: 8904.8756' Segment #1 Line Course: S84- 24' 00.00"E Length: 83.047' North: 3633.6568' East: 8987.5262' Segment #2 . Curve Length: 1.463' Radius: 535.000' Delta: 0-09'24" Tangent: 0.731' Chord: 1.463' Course: S84- 28' 26.91"E Course In: N5- 36' 15.06"E Course Out: S5- 26' 51.12"W RP North: 4166.0967' East: 9039.7716' End North: 3633.5159' East: 8988.9824' Segment #3 . Line Course: S5- 36' 00.00"W Length: 290.524' North: 3344.3785' East: 8960.6322' Segment #4 . Line Course: S84- 25' 33.16"E Length: 216.685' North: 3323.3311' East: 9176.2926' Segment #5 . Line Course: S5- 37' 35.32"W Length: 0.541' North: 3322.7927' East: 9176.2396' Segment #6 . Line Course: S84- 50' 46.62"E Length: 50.076' North: 3318.2945' East: 9226.1131' Segment #7 . Line Course: S5- 33' 48.98"W Length: 147.748' North: 3171.2425' East: 9211.7888' Segment #8 . Line Course: N84- 48' 46.78"W Length: 22.511' North: 3173.2777' East: 9189.3700' Segment #9 . Line Course: S5- 38' 26.97"W Length: 126.759' North: 3047.1325' East: 9176.9106' Segment #10 . Line Course: N84m 22' 44.38"W Length: 329.030' North: 3079.3602' East: 8849.4628' Segment #11 Line Course: N5m 37' 37.66"E Length: 565.123' North: 3641.7599' East: 8904.8754' Perimeter: 1833.506' Area: 118265.19 Sq. Ft. Error Closure: 0.0008 Course: Sllm 34' 30.15"W Error North: —0.00082 East: —0.00017 I'lIMF939T. �i�411411 M-191 wj .11,