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Home My WebLink AboutApplication APPLICANT 6/22/2007 .' 't) '. City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 Phone: (541)'726-3759 Fax: (541) 726-3689 SPRINGIFIELD IIIlII ''''''''-j' 1 .' , Minimum Development Standards, Type I ::-:::";:11:"';'< t .. , , . ;~_ . ~ :'.'., 0' I - -;.:~ :" .". ~- Applicant Name. ~ 11.cl'[ I ~ Address Z-""l4 \ teOf.c: (..~ Property Owner Name "7.qo1l; Address Phone ~~4 - O~"Jz. fN&r?-J(( ~ " Phone Address S4r1.6 'f"'\4l..j ?y). ~ fP-i ~Glf) 11~O~d,S -:'>1 MO'"' ,. ttOtlO ~'li {;(" Existing Use of Prope"~ CO""'" . L. Phone Developer Name "7?4 Property Address (J frq1#~ Tax Lot No. ILO 00 Assessor's Map No. Zoning of Propertv Size of Property Square Feet or . Acres Description of Proposal ~OQ ~ 110(11'? .; L.c> f,.~" I The undersigned 1lckno'....led"es that the information in this app'llcation"i~ cori'eet and accurate. =>. .. Applicant Signature)<, ,. ~ . k. / ~ DateZ-1 J.JJ D1' If the applicar)t is other than the 'owner, the owner hereb)~ gra,nts permission for the applica~t to act in bis/her behalf Own~r Signature Date F"r Office Us~ Only: -,.'J Joumal No. ~C .lPX)1- - ~ L Assessor's Map No. 11-0.3-?'5 -31 Date Accepted asCompleie Received By . Tax Lot No. ~~ II nt'Y> n'~t", !:)ol'pi"OC: Planner: 'LM (1!11/tJr- .- MINIMUM DEVELOPMENT STANDARDS (Ref. SDC 31.010) ,;;. .PURPOSE Minimum DevelopI)..1e!1t Standards (MDS) are intended to supp011 e~onomic development by minimizing City review for minor additions or expansions, or changes in use as, specified in SDC Section SDC 31.010. MDS will ensure complianc.e with specific appearance; transportation safety and efficiency; and stom1\vater management standards specified in the Springfield Development Code and otherv....ise protect the public health, safety and welfare.. APPLI CABILlTY I. \:~~t'*.'"'' It k... ~ " . .....~ 1;;.. .."! ..J i i -;)'-1; i' \~V,,,':r':: To de.velop~d properti~s ,that ~o not requ~re ei~h~riSi~~~~l,al,~Re",view ~~,~H~F~,~F~ ~~ S}2~ Sect~o~,I',; t ,1.020 or Site Plan ModificatIOn as speCIfied ll1 SDC SectIOn, LI 00; and' ..., '), ,.." '. I 1 I "'. 1, , .,'"' .~~.."':'::), ': ; "V::; MDS applies:~; i'''') '} ~ " ~ .' '.JA ',', ~ \:-:-- 2. Within Springfield's city limits,o~1]Y; and 3. ., , Wnhin commercial*, industnal* and public land zoning dIstncts only, wliereltp~r~ ~s: A An additIOn or expansIOn that IS: I "'.:,,; ", :.:..., :::.;'.:,.. (~':.'r;,' ... _I_'J.., ~ ' i. 50 percent ~r less than the exi~iii~~\~&;lding gro~s;~f{oor areitand/Or,~iinper;l~'s surface area; or ,i .1":; )'J; , . ..., . <~ " -,' . , .... I;c' :""',:'y~"i\ ii. 5,000 square feet or less of additional building gross floor area arid/or illip~r:v,io!ls surface . area. whichever is less.. " . l' ',\,~i . ';i< :1'~\) I:"~ iii. Multiple expansions will be limited so that the standards specified in.i. and ii, are not exceeded in'a 3-yearperiod., , I J'.-J f-'~ "<.';q .' ", l"~:".i..' J -':' V;,\' ',','\:' '..' r.. ,).:\f':1" B. A change in use ofa building or property. t I . ~ I :I: MDS also includes the ~lacement of l11~nufactured ho~es as office uses in comnlercial districts and indmtrial districts; and as night watchman's qUaJ1~rs in applicable industrial districts and the QMO district '. I . . . . I " . APPLICABLE STANDARDS OF APPROVAL '---7 I. A five-foot wide'landscaped planter strip, including stI:eet ~rees, with~approved in;gation or approved 'drought resistant plants as specitied in SDC Sections 31 :130 arid 31.40 must be installed betWeen the sidewalk and parking areas.or buildings. See SDC 3 LOl 0(4)(a) I. and 2. for exceptions. . . . 2. Trash recep~asles,aqd Olltdoor storage areas must be screened by a structure or enclosure pel111anently affixed.to tI,e gro;',ld'as sP~cified in SDC Section 31'.160. " "< . . . 3. Bicycle parking spaces must be "added' to _meet the numerical standards for the appropriate use or upgraded to meet the standards set in SDC Sections 31.21 o and 3 L220 olthis Anicle. I 4" Parl;ing and circulation areas must be paved and striped al\d wheel stops installed as specified in SDC Sections 31.170 and 31.190. Required pavirtg and other il}lpelvious surfaces on the site must comply wHh on~~j.te stOlmwate,r management standards as .specifie,d in,SJ?C Section 32.110. ' , ,., - I - - . .. '- S. Access to the public right of way as specified in SD!= Section 32.080, . _ r . , 6. Concrete sidewalks mu;~be.i.\stallbd where the site 'abuts.a curb.and gutter-street as specified in SDC . ' " ,.... ... - \- SectIOn 32.040. . 7: Streetlights must be installed as specified in SDC Section 32.060. . I ,-,ti. '", ~l:'" ' ~J', ,.< . J M. \itfU~P~(. 2 ~ ,~,. . 3/1 0103 225 Fifth Street Springfield, Oregon 97477 541-726-3759 Phone ''Y of Springfield Official Receipt ...,evelopment Services Department Public Works Department RECEIPT #: 2200700000000001008 Date: 06/22/2007 11:44:37 AM Paid By BETTY TROTTER 'Item Total: . Check N umber Authorization . Received By Batch,Number Number How Received Amount Due 681.00 34,05 $715,05 Job/Journal Number DRC2007-00042 DRC2007-00042 Description CTY Minimum Dev Standards + 5% Technology Fee Payments: Type of Payment Check Amount Paid tj 2345 In Person Payment Total: $715.05 $715,05 Date Received:!f/ 12/07- Planner: LM -. cReceintl Page I of I 6/22/2007 .n ,. 3 bb' 2 W ~ 4' , 5600 , 5200 0' 0- 0 0: 0 0 " LO' ---r to " :>! -, :>! ,- +---- -'" :!; 26' i , ~t 7400 , 1 " 1 :>! I Q0 , ! ~ r " " i<: Q -49.S' 33' i 33' 3. ; i 26' i 33' 2. j I 11 I / t " I 1 I ,II I 1 : "j;+" I ! l ~'~".1-: ! 66' C1J - 100' ___ ~ 4501 0'--" a. ~ --;::: :' ~ " ' -~ ... 5000' ~ .... .. ~ -'" ~~ -' - ' 0 l0 0 ~ ~ " :>! , 8700 8801 , - ~ ~ -' -' " / I , 39.9' 6.3' I ! ,,~'1 ~\'" _~~,'fJ'r fUJ o '01 F F 1 ~L~, J' ";<( ,~o~oo-~ ~ 33.{ 33~ j::: :-'-- 25' ~ v ~ <1' j 25.8' i 33' l 31 1 1 1 , , , , , i 27.S'?' i 22' j , " , " , II I / II I , II I / II I I II ) I 33' o ~ .1 , 1 1 1 1 I ,J,. - --- SS9-H'E - 730.98' II 1 II , II I 11.,J. /11 " ~ ~':- /-.I-~-' .,L~I-~ ---- 12L25' -.... NS'J.3-4'\{ - 99.7-4' NBB.34.... _ 99.e2' --4'" ------. f-____~________.----_______ -fl 5-4.48' --', F F,. -', F F --/ 586.25'24-E .183.9' r.1' F F F ,. / /1 ~ . a.. S86.26'2.-E 11.18' ~ ,~A,.t SB6-34'E g'; . / ".,'? ". ..., + ~ ".".J, _ ~ ~... to,p I' .....~ I - ~ -t___ _ ~-:-;:'Z-CO... _li'l5-:? ~~3-bOO-z.t, I +'- I + . -+-+ 13300 1.00 AC. PARCEL 3 ?, 0' !!" N , f:: '"' - :> 0.. hi '" ,. -' ~ 0_'" C'U"'o ,,", , , .-> ~, ."j'qb, ~'\ ".~ /+ <t'V.::F' "v~'" : , ~+ ~. . .+ J8S..O' N7rrsf1"w - 23S.:n_ '~'i' ..' .- :"i~:.6 ~ ---'+ U-- ~+ --- ' \ S87-21'38." LC:::l483.72' R"'lB77. 91 . ? -' , ' 'Z: I ";M-AtNfJ'.' ,jf 'L/~H~ ~. 33'(;:') ,. ,,- ;?, " I i<: 30' 3D' : ~ -2\~ i<:~ 'I L. \9J~1~ t~ - ---- N~08'w 32' o o 32' 32' o o ~w. 9 .:ev --- --...... ",.)1100 i 1 1 , I 1 I , ': .j' .' " w ~ :fu w 10' ~ 'N o ,eu "', , , 1 1 1 , 586.34'[ 87.5' -~ Nee.OB..... 98.68' . . .. '" . ~ '" "","<, Ni'9.08'\( 99'.74' ~ ,,,<C .. ~@.."'" ~~ . :>"p'..P~~ ~o. "\9lS". (' 13500 4.11 AC. 130'01 0.52 AC, ~ =.:'O~"~ 'Rl~ C9JJ~ LC=<2-49,l' S89"DI'2:YE CITY OF SP ~Flit ~-'''-J.~9<'' '.. .~ l1~O~~35-~ ;0 O! : -S 0 {j T . ~ -. -.---..;::-~-_. . .... "H ..----... '/1.1. -R~~----_. 1 i f Dplate Ree. , --~-- '-c ,,/ ---.c___ ~ <I anner: '1M . .______ . --'<.0U, --.___ v .-_____ e.l,t ._______.___ .~.... w 10 v '" ~ ' '" ~ ~ ,; "' -I; ..-+-+ .-+- - +'-----1 I~Fj /fL:~~ - SS3.", S I DETAILED WR111r.N EXPLANATION Project The Office Restaurant and Apartments Size 40xlOO lot at 61h and Main Street (553 Main St), Springfield Oregon Zoning Mixed Use Scope The present building consists of cast-in-place reinL_;:.d concrete walls and wood-framed roof, filling virtually the entire tax-lot and functioning as an urban building, with connections to the . street. It has been in service since construction. The present plans propose to add a wood-framed stucco-sided second floor to the existing building, with support taken from the exterior walls, consisting of eight studio ....... :""ents and assocoated access and lanndry facilities / Off-site improvements: None Current use of site Restaurant with improved sidewalks and street frontage, and one street tree (~...<-<-;"'cape undertaken in "'YY'U" 1985 by City ofSpringifeld).' Soil Type: The Soil Survey of Lane County, Oregon identifies the site soils as Malabon type CL with moderate shrink-swell potential and moderate permeability, suitable for the intended use. " ( ------ Excavation/fill quantities: Insignificant amounts of soil to be removed when excavating for interior piers and trenches Number and size of trees to be removed None No land is to be dedicated to the city, No modifications are to be taken from other MDS standards, and no other items apply. . ~ .' . //1/2-21(j'''?-, ;'}(e Received:~ 1/ I I-'ianner: LM' ,< . STELLAR INVESTMENTS, LLC Grantor's NSll1e ami Adtlress . BET1'Y T~T;TER I ;;)J~ J;::d'j~"--i-"(' . a q1JjQ LeIS Name amI AddrLs After recording return to: COMMERCIAL ESCROW/ !NC. 875 COUNTRY CLUB ROAU EUGENE, OR 97401 UnHl 8 change is requested, nlllnx statements sluill he sent to the foUo\\lItg Address. SAME AS GRANTEE READ AND APPROVED BY . M-- . BY TITLE NO. ELT-SIS76 ESCROW NO. CE06-00574. TAX ACCT. NO. 0313930 MAP NO. 1703353111000 WARRANTY DEED - STATUTORY FORM , (INDIVIDUAL OR CORPORATION) KNOW ALL MEN BY THESE PRESENTS, Tllat STELLAR INVESTMENTS, LLC ~n Oregon limiled Ii~bility company . IIereillafter called gralltor, for tile collsideratioll IIereillafter stated, to gralltor paid by BETTY TROTTER hereinafter called gralltee, does hereby grant, bargain, se/{ and cOIu'ey 1If110 ,he said grantee alld granlee's heirs, successors and assigns, that certain real propeny, wilh tire tenements, hereditaments and app1l11ellOnCes ,hereunto belonging or appenaillillg, situated ill tile Coull/y of LANE alld State of Oregoll, described as fallall's, ta-lVit: Lot 8, and the East 7 feet of Lot 7, Block 65, MAUDES'S SUBDIVISION, as platted and recorded in Volume 3, Page 3, Lane County Oregon Plat Records, in L~,"e County, Oregon. ' To Have alld to Hold tile same IIl1tO tile said grall/ee alld gralllee 's IIeirs, Sllccessars alld assiglls forner. And said grantor hereby covenants to and with said grantee and grantee's heirs, successors and assigns, tfrat grantor is lawflllly seized ill fee simple of the above grallled premises. free from all ellCllmbrallces except Subject 10 any alld all easemellls, resl1icliollS alld covfl;all/S of record and Ihat grall/or lVill warrall/ alld forever defelld the said premises alld "'flY 1'0/1 alld parcel Ihereof agaillst Ihe lall'flll claims alld demallds of all persolls whomsoever, excepl those elaimillg 1I11der the abm'e described ellcllmbrallces, Tile true alld aclllal cOllsideralioll paid for this lrallsfer, stated ill terms of dollars, is $ 425,000.00. 'However, lire actual cOllsideratiall cOllsisls of or illellldes other propeny or I'allle gil'ell or promised which is (the w//Ole/pan of tile) consideratioll (illdicate which). ' (The selllellce betlVeell the symbols', if 1I0t applicable shallld be deteted. See ORS 93.030.) /n cOllstruillg this deed alld where the colllext so reqllires, Ihe sillglllar illellules the plllral alld all grammatical challges shall be implied to make tile provisiolls hereof apply eqllally to cO/IJaralialls alld to 'illdil'idllals... ';.,' /11 WitJIess Whereof, the gri1ll10r has execllted this illslrumelll this::LC day of' O.<:f?:, ?SCi/ 20~ if a cO/porale gralllor, it lias callsed its lIame to be siglled alld seal affixed by ils officers, dilly alllhorized therelo by order of its board of directors. TillS INSTRUMENT WILL NOT ALLOW USE OF TilE PROPERTY DESCRInED IN TillS INSTRUllIENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEI'TING THIS INSTRUMEf':/T. TilE PERSON ACQUIRING FEE TITLE TO TilE PROPERTY SIIOULD CHECK WITII Tim M'PROPRIATE CITY OR COUNTY !'LANNING DEPART~IENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARIIIING OR FOREST PllACTlCES AS DEFINED IN OilS 30.930. STELLAR INVESTMENTS. .!-LC BY:~'~ BLAKE HASTINGS ~ ." r,~Ef\1ftE;R "."__. OFFIClAlSEAL ' . . ~. KEN BOYST I', ' ..,;'IlOlMYPUBUC,OREGON \.- COMMISSION NO. 405277 M'I COMMSSION EXPIRES APRIL 30, 2010 STATE OF OREGON, COUNTY OF LC.J.....VlC h.s. TillS INSTRUMENT \VAS ~NO\VLED' EFORE ~m ON MF.MBER.~ EST~m <' ~ /~----::; ~... / 0 I h ~ ~Iy <onnnl";on "l'lmO-t<' <<3 I.Y . /1 II 'I 2 01- Nof.ry Pui>lie ror Or.gon Date Recelved:~ L-- Planner: LM /O/::::i.O / , 2V...)r.("BY llLAK'E HASTINGS, AS II1II.... , ." .. ~", '<'. {.tJ~'\' "i,"'r ";:-~ "'~'~;r'.;"".J:';.,'.\." '-.:.,'.~ ti.7:! ..' '1/ ~,,:;";> ',._ , A" <)/:.:\:-;',,:, ':;:,~,'::":"'..~".'> ',.',';, ""':;,:,.- '(~:' :'>>::J""l' '<1\ "Y ," ", ,". "', .. ...... 1. :;'.::,,:;,"" "~".' '_ .':;:' .,..:.,.... ,.' ..,~'. '::': ",. ( .~':t ,_ ....':..,..~':... J ;.1.<- ';,~~::~,..,;,,::: t. ",:~~,,,'~'."'."~::'" 'j' t"', 7',', ..... ~. ,,',. ;'::i:~~,'>\/'_,~ .. .~',rf' .:....,.~., ;ll~r"'-:"~'~::,:,- ~> ..' '.~ . 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'',l:.i,::'' ~ ' ~ ::"~~..:~: ~ ';,'\;,t'f', .:< .~: . ....: '" . :!.~. . lJ!.. I u : r.::' '.~ , , .." \"""" ;,,::.;}),:':::', ... '; ", ,~J::,.,'::. .,:;:.:i~;,;:':',::~:::",:j<'f::<' d::'...'.,)~.:-..,. j' ',;::.,:/r!ti!~t:~i,S~:: ',;., .;,-."; ,~c,.' ".,:" "~.. ','" ., ",'.' C' 'Maln',Of.fice:-- ",",",,', '..,. "',.,. ',' ",....'i "'.' BranchOmce:i ."" __, " '~'.'.' '-'" ..~,j"'".!'.t' ~ _..~'..~,":.'..:.:,.;,~"';~...:.:;"l.// '; ..\~.::. ~ ..~.". ... . '. :"~";":.<.~~.~~:... ,::' , '" " 165 LCentcnmal Blvd. " .'" ,. ..: .\ " '" ','C':, ... ::;'> ':...,B75 'Coun(~"q~,b R'ciacl;' .'.. :.;;, ." ;,' ;';:,' "'" .,..'.: "S'pj:;~gliclcl:bR 97;li:Z',\,,. ;-!;": ';<: ''\:-:'\ . ..'. 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";-;" .~ .~. ... c. >/ ;:':,;;:~::i~l]::" );',. ',' .-of; " ... , , , , , . ~~ . , 1651 CENTENNIAL BLVD, . SPRINGFIELD, OR 97477 P.O. BOX 931 . SPRINGFIELD, OR 97477 PHONE: 541.741.1981 FAX: 541.741.0619 .. ~ ~ ~' ~. " " .-- ',/" 1\ - _ .n-i. gx~rg{~~aU TITLE INSURANCE SERVICES. ESCROW CLOSINGS 875 COUNTRY CLUB RD. . EUGENE, OR 97401- P.O. BOX 10211 . EUGENE, OR 97440 PHONE: 541.687.9794 FAX: 541.687.0924 September 18,2006 Our Order No.: EL T-51576 PRELIMINARY TITLE REPORT Commercial Escrow, Inc. 875 Country Club Road Eugene, Oregon 97401 Attn: Tony Curcio Estimated Premium for: $425,000.00 OWNER'S POLICY Re-Issue Credit Gov't Service Fee $1,200,00 $0.00 $35.00 Dear Tony: TOTAL $1,235.00 Escrow No. CE06-00574 We are prepared to issue on request and oJ} recording of the appropriate documents, a policy or policies as applied for, with coverages as indicated, based on this preliminary report. LEGAL DESCRIPTION: Lot 8, and the East 7 feet of Lot7, Block 65, MAUDE'S ,SUBDIVISION, as platted and recorded in Volume 3, Page 3, Lane County Oregon Plat Records, in Lane County, Oregon. Showing fee simple title as of September 11, 2006, at 8:00 a,m" vested in: STELLAR INVESTMENTS, L.L.C" an Oregon limited liability company Subject only to the exceptions 'shown herein and to the terms, conditions and exceptions contained in the policy form, No liability is assumed until a full premium has been paid. Date Received:il 2VOr Planner: LM . . CONTINUED 'IN OUR BUSINESS, YOU MATTER MOST" www.evergreenlandtitle.com ELT - 51576 , Page 2 SCHEDULE B GENERAL EXCEPTIONS I. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2, Facts, rights, interests or claims which 'are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3, Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4, Discrepancies, conflicts in boundary lines, shortage in area, encroachments or other facts which a correct survey would disclose, 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. CURRENT EXCEPTIONS / 6, 2006-2007 Taxes, alien not yet due orpayable. 7. Taxes, Map No. 17-03-35-31-11000, Code 19-00, Account No. 0313930, as follows: 2005-2006, a lien in the amount of$I,962.53, plus interest is unpaid. 2004-2005"a lien in the original amount of$I,924.91, of which $243.76, plus interest is unpaid. 8, Party Wall Agreement, including the terms and provisions thereof, by and between W. N. Dow, and Jessie Dow, his wife, and Marion E. Maxey, a widow, James Norman Maxey and Jacqueline Maxey, his wife, and Bruce Norton Maxey, by instrument Dated June 8, 1963, Recorded June 17, 1963, Reception No. 14520, Lane County, Oregon. 9. Deed of Trust, including the terms and provisions thereof, executed by Stellar Investments, L.L.C., an Oregon limited liability company, as Grantor(s), to First American Title Insurance Company, as Trustee, for the benefit of Umpqua Bank, as Beneficiary, Dated April 15, 2003, Recorded April 25, 2003, Reception No. 2003-036986, Official Records of Lane County, Oregon, given to secure payment of a Note for $243,000,00, CONTINUED Date ReceiVed:-h...l '2.~- Planner: lM ELT - 51576 Page 3 10. Assignment of Rents, as additional security for the payment of the indebtedness secured by the Deed of Trust as Exception No.9 herein, which assignment was executed by Stellar Investments, L.L.C., an Oregon limited liability company, to Umpqua Bank, by instrument Recorded April 25, 2003, Reception No. 2003-036987, Lane County Oregon Records. NOTE: The address of the property to be insured herein is: 553 AND 555 MAIN STREET, SPRINGFIELD, OREGON 97477. NOTE: A JUDGEMENTILIEN/BANKRUPTCY SEARCH was done for the name(s) STELLAR INVESTMENTS, L.L.c., BETTY G. TROTTER, and as of September 11,2006, none were found. NOTE: As of September 11, 2006, there are no liens for the City of Springfield. INFORMATIONAL NOTE: The vesting deed and changes within the last 24 months are as follows: WARRANTY DEED RECORDED January 5, 200 I, FROM BLAKE HASTINGS AS TO AN UNDIVIDED ONE-HALF (50%) INTEREST AND DONALD p, KANE AS TO AN UNDIVIDED ONE-HALF (50%) INTEREST, TO STELLAR INVESTMENTS, L.L.C., AN OREGON LIMITED LIABILITY COMPANY, RECEPTION NO. 2001-000700. Very truly yours, EVERGREEN LAND TITLE COMPANY HOME OFFICE )J~ By: Je rey K. Walker Advisory Title Officer CC: Betty Trotter CC: Coldwell Banker BSSP Attn: Frank Trotter (Fax No. 503-543-6553) CC: Emerald Property Management Attn: Troy Batson (Fax No. 541-382-2461) CC: Blake Hastings (Fax No. 747-8669) NO LIABILITY IS ASSUMED HEREUNDER UNTIL POLICY IS ISSUED AND PREMIUM PAID. IF FOR ANY REASON THE REPORT IS CANCELLED, A MINIMUM CANCELLATION FEE OF $200.00 WILL BE CHARGED, . Ii J 1.1.ff1:- iJate Recelved:_ 1 . Planner: LM 1651 CENTENNIAL BLVD, . SPRINGFiElD, OR 97477 P.O. BOX 931 . SPRINGFIELD, OR 97477 PHONE: 541.741.1981 FAX: 541,741.0619 4. ~ ~ ~ ~ 1Il."1fl!J/r,. ~f\ ~X~Ig{~~n TITlE INSURANCE SERVICES . ESCROW CLOSINGS 875 COUNTRY CLUB RD, . EUGENE, OR 97401 P.O. 80X 10211 . EUGENE, OR 97440 PHONE: 541.687,9794 FAX: 541.687.0924 COMMERCIAL ESCROW,INe. ELTNO.: 51576 ESCROW NO.: CE06-00574 ESCROW OFFICER: TONY CURCIO Thank you for choosing Evergreen Land Title Company for your Title and Escrow Company. We really appreciate your business, Amended ORS Statute 9.160 requires that we advise you of the following: You will be reviewing, approving and signing important documents at closing. Legal consequences follow from the selection and use of these documents. These consequences affect your rights and obligations. You may consult an attorney about these documents. You should consult an attorney if you have questions or concerns about the transaction or about the documents. If you wish to review transaction documents that you have not yet seen, please contact the escrow agent. If you have any questions regarding your escrow transaction, title report or the above disclosure, please fee free to contact us. Thank you again for choosing Evergreen Land Title Company. Date ReceivedW 22/....J5]:-- Planner: LM "IN OUR BUSINESS, YOU MATTER MOST" www.evergreenlandtitle.com / 7 -0 s~ 3s-~ 31 \J 1 ~ I 1 i~ I I I ~ t 13,9,9' I 5 II I.... I . 1 I' I I , 8 1 15'1 263' l! 60' 6~ 387' 24'71 31' 35' I 45' 55' I 40' 1 50' :5 ;J L: I --:;O'----V "'--55'- _ 11 ~ MAIN STREET ~. " ~ 1Tf f // ;. rf f-L/. ff" f-,'" Lf-/' , , f f--' L_/ H ~ ;~71 I 1/1 I'" ~71~ 1/ I I -ffi ' , T/ / "1 ,)/) - II}, )//'/-' I --f'I , 1 -.L4t I , , " '" .... '! " {I 0 I 0 I <' \/') 0: 10 : CO ~'\ I . /' '" I 0 I 0 0 "" ! ~ "T i ~ .-- (\):i\ Ii"':;;" ~ :. 3 Jk-....~J~\rr - :~ 30' 30' ~ L~ ~'~__:I~~:t fL.t ~ d "~''".--.:.''''- .. . ~~ ~ L --- _.........~--3~ CR :::::.--- -~~~ 11100 I ~ . - l!( Tll~lO'46'. _ --------- lC-"S7.96' j - ____ "184"21',", _ __________ N8e.08.... _ If1 '" ! ~ 34'''' - 99.22' j '. " , , ,;. "Cu " :-' I~ " /: -nl~' 1 S~$'E I ::J- 1 ::J CD I CD::O 1 ... ~ I " '" 1 r-~, I s:~ 1 C. I .. w 1 JC-", I' -1- ::-' ,m --.., I", t--->r I~ Z c::::. '\ S86'34'E 87.5' :{ u' 1-3000 ~i If): 13001 ~.. 0,52 AC. [;;' '" U Q '.,. .... <0 '" rtf 1'"), 98.68' N80:08'1v ~ ~ I 1 -c:::,rA I c;j'...'o'~~<..-. ~I \..- ~v, In ~.":i ~'o '" c,'?! '1"1' ~ ,{b l\J I oJ' , 99,22' 13500 4.11 AC. 51ST THIS MAP IS TO AS . lOCATING PROPERTY THE COMPANY ASSUMES NO LIABILITY FOR INACCURACIES. COURTESY Of N EViItOREEN LAND TITLE cO W +- Ii 74'.1981 5 ~6' .p~ 0{< . S"'~ 'ti> ~ 0', :>.s,.\l",,_ ""0_ . '6'_ (' r:;: l'I -- - .. - '-liI- 392'4010 32' ;;' ;;" ~0';1 ~ I~ I 0 ~ ': :~ !,~\~I~!di~ : ~~ ~II i \\ 0 ~I 1 1 . 0 ,,V I I I .. -- ~2Y:):~300 ; 1 0301 4< ;20?~Q '" 32' o .,~ .0) '" 32' o o I"") 0) . -------- - I Ij!_": ~ k N79'08v 99,74' --------- -.--------- C> _ I'") ---- '- f--. ,,-.,' "1-;" ..-, <00 "" 6'/ .,.. 273.30'. / Privacy Policy Notice As adopted July 1,2001 Evergreen Larid Title Company Private Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-B1iley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed, In compliance with the GLBA, we are providing you with this document, which notifies you ofthe privacy policies and practices of Evergreen Land Title Company. We may c~llect nonpublic pe~son~l information about y~u from the following sources: · Information we receive from you, such as on applications or other forms, · Information about your transactions we secure from our files, or from our ~ffjliates or others, . Information we receive from a consumer reporting agency, , . Information that we receive from others involved in you,~ transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise 'in an amendt;d Privacy Policy Notice, no additional nonpiIblic personal information will be collected about you, ' , We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing selVices on our behalf or with whom we have joint marketing agreements: · Financial selVice providers such as companies engaged in' banking, consumer finance, securities and insurance. · Non-financial companies such as envelope stuffers and other fulfillment selVice providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMIITED BY LAW, We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or selVices to you. We maintain physical, electronic and procedural safeguards that comply with, feoeral regulations to guard your nonpublic personal information. ,;,l("' f(O'.iilived: dUnner: LM , ~. ~ 12L/or Privacy Policy Notice I 1 Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land Title Insurance Company; LandAmerica Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company, LawyersTitle Insurance Corporation, Title Insurance Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York I PURPOSE OF THIS NOTICE I Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this: document, which notifies you of the privacy policies and practices of Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title Insurance Company of Oregon, National Land Title InsurancelCompany, Arkansas Title Insurance Company, Charter Land Title Insurance Company; LandAmerica Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Colnpany of New Jersey; Industrial Valley Title Insurance Company, Land Title Insurance Company"Lawyers!Title Insurance Corporation, Title Insurance , I Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York. We may collect nonpublic personal information about you from the following sources: . Information we receive from you, such as on applications or other forms. . , Information about your transactions we secure from our files, 01 from our affiliates or others. . Information we receive from a consumer reporting agency. I , . Information.that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect abou' our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law, , We also,may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with wHom we have joint marketing agreements: . Financial service providers such as companies engaged in bankfug, consumer finance, securities and insurance. , . Non-fmancial companies such as envelope stuffers and other fulfillment service providers. I WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE TIIA T IS NOT SPECIFICALLY PERMITTED BY LAW, We restrict access to nonpublic personal information about you to thLe employees who need to know that information in order to provide products or services to you. We maintain physic~l, electronic and procedural safeguards that . comply with federal regulations to guard your nonpublic personal information, €; ". , RECORDATION REQUESTED BY, Umpqua Bank Lane County Commercial Loan Center C/O Loan Support Services PO Box 1580 Roseburg; OR 97470 WHEN RECORDED MAil TO: Umpqua Bank PO BOX 15BO Roseburg, OR. 97479 SEND TAX NOTICES TO: Betty G. Trotter 2941 Edgewater Drive. Euoene. OR 97401 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST is dated October 16, 2006, among Betty G, Trotter ("Grantor"); Umpqua Bank, whose address is lane County Commercial loan Center, C/O loan Support Services, PO Box 1580, Roseburg, OR 97470 (referred to below sometimes as "lender" and sometimes as "Beneficiary"); and First American Title Insurance Company, whose address is 1700 NW Garden Valley' Blvd Suite 204 / PO Box 1325, Roseburg, OR 97470 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, represented in the Note date'd October 16, 2006. in the original principal amount of $344,000.00. from Grantor to Lender. Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, 'title, and interest 'in and to the following described real property, together. with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easemen..,ts, rights of way, and appurtenances; all water, water rights and ditch rights lincluding stock in utilities with ditch or ,rrigatioll rights): imd all other ri~hts, royalties, and pro filS relatin~ to the real property, including without limitation all minerals, oil, gas, geothermal and similar matiers,.(the "Real Property"} located an Lane County, State of Oregon: lot 8, and the East 7 feet of lot 7, Block 65, MAUDE'S SUBDIVISION, as platted and recorded in Volume 3, Page 3, lane County Oregon Plat Records, in lane County, Oregon. The Real Property or its address is commonly known as 553 and 555 Main Street, Springfield, OR 97477, The Real Property tax identification number is 0313930. CROSS-COllATERALlZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or anyone or more of them, as well as all claims by lender against Grantor or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unliquidated, whether Grantor .may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amou'nts may be or hereafter may become barred by any statute of J,j~ireJions, and whether the obligation to repay such amounts may be or hereafter may become otherWise unenforce~ble. (Initial Here L'\.7) .' Grantor presently assigns to Lender lalso known as Beneficiary in this Deed of Trust! all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Reins. '.. . . THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (AI PAYMENT OF THE INDEBTEDNESS AND (BI PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to. Lender.all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all 'of Grantor's obligations under the Note, .this Deed of Trust, and the Related Documents. . POSSE~SION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall ~e governed by the following provisions: .I Possession and Use, Until the occurrence of an Event of Default, Grantor may (1) remain in. possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other limitations on the Property. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S,RIGHTS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 {BALLOT MEASURE 37 1200411. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING DR. ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1, OREGON LAWS 2005 (MEASURE 37 1200411. .' Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. . . Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) ~~ring t~~ peri~d of G'f~to1s1L1~~ Date Recelved:!f::.. /..QJ... Planner: LM I DEED OF TRUST Loan No: 68756412' (ContinueCl) Page.2. - I I the Property, there has been no use, generation, manufacture, storage, t)eatment, disposal, release or threatened release ~f any Hazar10us Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of. or reason to believe that"therel has been, except as previously disclosed to and acknowledged by lender irirwriting, (a) any breach or violation of any Environmental L~ws, _ (b) any use. generation, manufacture: storage, treatment, dispo~al. rele~se or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or Ie) any actual or threatened litigation or claims oflany kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged ,by lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall"use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Gra1ntor authorizes Lender and its agents to enter upon the Property to make such;inspections and tests, at G!antor's expense, as Lender'may deem appropriate to determine compliance of the Property with this section of the Deed of Trust, Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any r~sponsibility or liability on the part of Lender to Grantor or tolany other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Haza/douS Substances. .Grantor hereby (1) releases and waives any }uture claims against lender for indemnity or contribution inl the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages,' penalties,; and expenses which Lender may directly or indirectly sustai'n or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same wa's or should have been known to Grantor.: The provisions of this section of the Deed of Trust, including the obligation to indemnify and def~nd, shaH survive the p~yment of the Indebtedness and the satisfaction and !reconveyanceof the lien of. this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether b,y foreclosure or otherwise. \ Nuisance, Waste. Grantor shall not cause, conduct-or permit any nuisande nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without.limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), cock clay, scoria, soil, gravel or rock products without Lender's prior written consent. I . . . I Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent, As a condition to tt'e removal of any Improvements, Lender ma'y require Grantor to make arrangements satisfactory to Lender to replace such Improvements with lmprov€!ments of at least equal value. t . '. I Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust... I I Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans VV:ith Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during [any proceeding, including appropriate appeals, so long as Grantor has notifie1d lender in writing prior to doing so and so long as, in lender's sole opinion, Lender's interests in the Property are not jeopardized, Lender may require Grantor to post adequate security or a'surety bond, reasonably satisfactory to lender, to protect lender's interest. l. . I Duty to Protect. Grantor agrees neither to abandon C!r leave ,unattended ~the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preservel'he Property. . I ' DUE ON SALE. CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Deed of frust upon the sale or !fansler, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the ~eal Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3l years, lease-option contraCt, or by sale, assignment, or transfer of any beneficial interest in . or to any land trust holding title to the Real Property, or by any other .method 'of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lende.r if such exercise is prohibited by federalllaw or by Oregon law. . TAXES AND LIENS. Thefollowi~g provisions relating to the taxes and liens on the Property are part of this Deed o'f Trust: I . Payment. Grantor shall pay when due (and in all events prior to delinquency) all ,taxes, special taxes, assessments, charges (inclui'ing water and sewer), fines and impositions levied against or on account of the Property. and shall pay when due all claims for work done on or for services rendered or material' furnished to the Property. Grantor shall maintain the Property free .of .allliens having priority over or e~ual to the interest of Lender under this Deed of Trust, except for the lien of t'axes and assessments not due and except as otherwise provided in this. Deed of Trust.. I.. ... ... I Right to Contest. Grantor may Withhold payment of any tax, assessment, or claim JO connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not je~pardized. If a lien arises or is filed as a result of nonpaym!3'nt, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with lender cash or a sufficient corporate surety bond or other sec~rity satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and permissible fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. tn any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnishe1d in the contest proceedings. I . I Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and ~hatl authorize the appropriate. governmental official to deliver to lender at any time a written statement of the taxes and assessments against the Property. I I Notice of Construction. Grantor shall notify Lender at least fifteen ('5) dJys before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account oflthe work, services, or materials and the cost exceeds $25,000.00. Grantor ~ill upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. . '...:...._~._;.~ .. - ". ".~, *-. . '11.. ..~f.--.~(f,.:'t'- ; Loan "No: 6875641 i DEED OF TRUST {Continued} Page 3 PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as- Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable' to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor; upon request of Lender, will deliver to lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender: Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by lender, and to maintain such insurance for the term of the loan. Application of Proceeds, Grantor shall promptly notify lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds' $1 ,OOO.OQ. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property, If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, payor reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed, of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as,Grantor's interests m'ay appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance. showing: l1} the name of the insurer; (2) the risks insured; (3) the amount of.the policy; (4) the property insured, the then current" replacement value of such property, and the manner of determining that value; and 15J the expiration date of the policy. Grantor shall, upon request of lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES, If any action or. proceeding is commenced that would materially affect lender's interest in the Property or if Grantor fails 10 comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated tal take any action that Lel)der deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by lender for such purposes will then bear interest at the rate charged under the Note from the date i,ncurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will IAl be payable on demand; (6) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the .remaining term of the Note; or le) be treated as' a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are ~ part of this Deed of Trust: Title. Grantor warrants that: la) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurancl!! policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to lender. ' Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will 'forever defend the title to the Property against the lawlul claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of, Trust, Grantor shall. defend the action at Grantor's expense,' Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive [he execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in lull. . CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds, If all or any part of the Property is condemned by eminent domain proceedings or by any proc!3'eding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the n~,:, proc~eds of t'rna'1ard be i.. plied to I..';~ii;; ~'-<&ceIVed:.JL; 2. 2(j[]-- Planner: LM · Page.4 I the Indebtedness or the repair or restoration of the Property. The net hroceeds of the award shall mean the award:.after payment hf all reas~nable costs, expenses, and attorneys' fees i~curred by Trustee or Ltnder in connection w,ith the condemnation. . - I IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: I . \ Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's' lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of T'rust, including without limitation ~It taxes, fees, documentary stamps, and oth~r charges for recording or registering this Deed of Trust, I Taxes. The following shall constitute taxes to which this section appliesl; (11 a specific tax upon this type of Deed of Tr~st or upon all or any pan of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Gran'tor which Grantor is authorized.or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on tall or any portion O,f the Indebtedness or. on payments of prinCipal and interest made by Gra~iOr. . '. I . I Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any ~r all of its available remedies for an Event of Default as pro~ided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxesl and Liens section and deposits with lender cash or a sufficient corporate surety bond or other security satisfactory to lender. . SECURITY AGREEMENT; FINANCING STATEMENTS, The following provision~ relating to this Deed of Trust as a security agreement are a part of this Dee~ of Trust: r Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time, Security Interest, Upon request by Lender, Grantor shall 'take whateve~ action is reque~ted by lender to perfect and continue lender'-s security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and' without further authorization from Grantor, file executed counterparts, copies or 'reproductions of this Deed 'of Trust as a financing statement. Grantor shaH reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property, Upon default, Grantor shall assemble I a'ny Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law, . I' Addresses. The mailing addresses of Grantor (debtor) and Lender (secu)ed party) from which information concerning the security interest granted by this Deed of Trust may be obtained leach as required by the \l)niform Commercial Codel are as stated on the first page of It his Deed of Trust. , " FURTHER ASSURANCES; ATTORNEY-IN-FACT. The ,following provisions relating to further assurances and attorney-in-fact are a part 9f IthjS Deed of'Trust: . . I . Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered. to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and pla'ces as Lender may deem appropriate, any and all such mortgages, deeds of truSI, security deeds. security agreements, financing statem~nts, continuation statements, instruments of further assurarce, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (ll Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens land security interests created by this Deed of Trust as first and prior liens' on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in wfiting, Grantor shall reimburse -Lender for all costs and expenses incurred in connecti,on with the maners referred to in.this paragraph. , . . "I Attorney.in-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor herebY\irreVOCablY appoints lender ,as Grantor's anorney-in-fact fori the purpose of making, executing, delivering, filing, recording, an.d doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph.). I I ' FULL PERFORMANCE. If Grantor pays all the Indebtedness' when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, len'der shall execu'te and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suit'able statements of termination of any financing statement on file evidencing Lende:i's security interest in the Rents and the Personal Property. 'Any reconveyance fee required by law shall be paid by Grantor, if permined by applicable law. EVENTS OF DEFAULT,' Each of the following, at Lender's option, shall constit~te an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under thel'lndebtedness. Other Defaults, Gra~tor fails to comply with or to perform any other ter~, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement betwee-n Le~der and Grantor. . . I . . .,. '. I. Compliance Default, Failure to comply with any other term, obligation, covenant or condition contained In thiS Deed of Trust, the Note or m any of the, Related Documents. , I . '. 1 Default on Other Payments. Failure of Grantor within the time required by thIS Deed of Trust to make any payment for taxes or Insurance, or any other'payment necessary to prevent filing of or to effect dis~harge :of any lien, . . . . . I . Environmental Default. Failure of any. party to comply with or perform when due any term, obligation, covenant or conditIon contamed In any environmental ag~eement executed in connection with the Property. !. . I False Statements. Any warranty. representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under Ithis Deed ot Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading a~ any time thereafte.r.' t I DEED OF TRUST (Continued) I Loan No: 68756412 _..:_,....;._.~- - ,. \';' :-.' ~:".. , Loan .No: 68756412 DEED OF TRUST (Continued) Page 5 Oefective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect !including failure of any collateral document to create a valid and perf~cted security interest or lien) at .any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of 'Grantor, the appointment of a receiver for any part of Grantor's property, any asslgnrllenl lor the benefit of creditors, any type of creditor workout. or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness, This includes a garnishment of any of Grantor's accounts, including deposit accounts, with lender. However, this Event of Default shaW not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives lender wrinen notice of the creditor or forfeiture proceeding and deposits with lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other 'Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to lender, whether existing now or later. ~vents Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarant6r, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validilY of. or.li.ability wider, any Guaranty of the Indebtedness. In the event of a death, lender, at its' option, may, but shall not be required to. permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to lender, and, in doing so, cure any Event o~ Default. Adverse Change. A material adverse change occurs in Grantor's financial condition, or lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. lender in good faith believes itself insecure. Right to Cure. If any default, other than a default in payment is curable and if Grantor has not been given a notice of a breach of the same provision of this Deed of Trust within the preceding twelve (121 months, it. may be cured if Grantor, after receiving wrinen notice from lender demanding cure' of such default: (11 cures the default within fifteen (15) days; or l21 if the cure requires more than fifteen (15) days, immediately initiates steps which lender deems in lender's sole discretion to be sufficient to cure the default and thereafter continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or lender may exercise anyone or more of the following rights and remedies: Ele~tion of Remedies. Election by lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Tru~t, after Grantor's failure to perform, shall not affect lender's right to declare a default and exercise its remedies. . Accelerate Indebtedness. lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor wo.uld be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to, foreclose by notice and sale, and lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable raw. If this Deed of Trust is foreclosed by judicial foreclosure, lender will be entitled to a judgment which will provide that if the foreclosure sale proceeds are insufficient to satisfy the judgment, execution may issue for the amount of the unpaid balance of the judgment. UCC Remedies. With respect to all or any part of the Personal Property, lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents,. including amounts past due and unpaid, and apply the net proceeds, over and above lender's costs, against the Indebtedness. In funherance of this right. Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected. by lender, then Grantor irrevocably designates Lender as Grantor's attorney-in-fact to endo~se instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and 'to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by 'lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of lender or the purchaser of the Property and shall, at lender's option, either OJ pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of lender. Other Remedies. Trustee or lender shall have any other right or remedy provided in.this Deed of Trust or the Note or by law. Notice of Sale. lender, shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time . after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least fifteen (15) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantorhereby waives any and all rights to have the/property rarshalled. . Date Received:.1t 22{07- Planner: LM Loan No: 68756412 DEED OF TRUST (Continued) . Page 6 I In exercising its rights and remedies, the Trustee or lender shall be 1ree;to sell all or any part of the Property together or separately, i~ one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. I Expenses. If Lender institutes any suit or action 'to enforce any of the t~rms of this Deed of Trust, Lender shall be en"titled to recover such sum as the court may adjudge rea5on~ble. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses lender incurs that in Lender's opinion are necessary at any time for the protection, of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on deman'd and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, 'without limitation, however subject to any limits under applicable law, lender's expenses for bankruptcy proceedings (including efforts tci modify or vacate any automatic stay or injunction). appeals] and any anticipated post-judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports). surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, .in addition to all other sums provided by law, I Rights of Trustee. Trustee shall have all of the rights and duties of lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE, The following provisions relatind to the powers and obligations of Trustee are part of this Deed of . Trust: I. I Powers of Trustee. In addition to all powers of Trustee arising as a ri,atter of law, Trustee shall h~ve the power to take the following actions with respect to the Property upon the written request of lende~ and Grantor: tal join in preparing and filing a ,map or plat o'f the Real Property, including the dedication of streets or other rights to the public; (bl join in granting any easement or creating any restriCtion on the Real,Property; and (cl join in any subordination or other agreeme'nt affecting this Deed of Trust or the interest of lender under this Deed of Trust.. 'I~'.. I Obligations to Notify, Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or lien, or of any action or proceeding in which Grantor, lender, or Trustee shall be a party, unless the action or proceeding is brought by_ Trustee. I Trustee, Trustee shall meet all qualifications required for Trustee unde~ applicable law, - In addition to the rights and remedies set forth. above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and lender shall have the right to foreclose by judicial foreclosure, in either .case in accordance 'with and to the full extent provi~ed by applicable law. I Successor Trustee. lender, at lender's option, may from time to timelappoint a successor Trust~e to any Trustee appointed underl this Deed at Trust by an instrument executed and acknowledged by lender and recorded in the office of the recorder of lane County. State of Oregon. The instrument shall contain, in addition-to all other matters required by state law. the names of the original lender, Trustee,! and Grantor, the book and page where this Deed of Trust is recorded, and tlie name and address of the successor trustee, and the instrument shall be executed and acknowledged by lender or its successors in interest. The successor trustee, without conveyance of the Prop1erty, shall succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by applicable law: This procedure for substitution of Trustee shall govern to. the exclusion of all other provisions for substitution. 'I NOTIC!=S. Any notice req~ired to be given under this Deed of Trust, includi~g without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, 'if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid. directed to the addresses shown(near the beginning of this Deed of Trust. All copies of notices of foreclosure from the holder of any lien which has priority over this ,Deed of Trust shall be sent to lender's address, as shown near the beginning of this Deed of Trust, Any party may change its address for notices under this Deed of Trust by giving formal written notice to the bther parties, specifying that the purpos-e of the nptice is to change the party's address. For notice purposes, Grantor agrees to keep lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice giveln by' Lender to any Grantor is deemed t~ be notice given to all Grantors. . I ' ) ATTORNEY FEES AND EXPENSES. The undersigned agrees to pay on demand all of lender's costs and expenses, including Lender's attorney lees and legal expenses, incurred in.connection with enforcement ,of this Agr~ement. Lender may hire or pay someone else to help enforcel this Agreement. lender may also use attorneys who are s'alaried employees of len'der to enforce .tnis Agreement. The'undersigned shall pay all dosts and expenses 01 all such enforcement. In the evenI arbitration, suit. actionlor other legal proceeding is brought to interpret or entorcej this Agreement, the undersigned agrees to pay all additional sums - as the arbitrator or court may adjudge reasonable as lender's costs. disbursements, and attorney fee.s at hearin,g. trial, and on any and a"1l appeals. As used .in this par~grap~ :'A~reement" m~ans the Iloan agreement, promissory note. guaranty, security agreement, or other agreement. document. or Instrument In which thiS paragraph IS found, even if this document is also described by another name. Whether or not an ar~itration or court action is filed, all reasonable. attorney fees I and expenses lender incurs in protecting its interests and/or enforcing this Agreement shall become. part of the Indebtedness eVidenced or secured by this Agreement. shall bear interest at the highest applicable rate under the: .promissory note or credit agreement: and shall be. paid to ~.e~nder by the other party or parties signing this Agreement on demand. The attorney fees and expenses covered by thiS paragraph mclude Wlt~out limitation all of Lender's attorney fees (including the fees charged by Lender's in-house attorneys, calculated at hourly rates charge~ by, attorneys in private practice with comparable skill and experience), lender's fees and expenses for bankruptcy proceedings (including efforts to modify. vacate. or obtain relief from any automatic stay), fees and expenses' for lender's Pos!-judgment collection activities, lend.er's co+t of searChing, lien records, searching public record databases, on-line computerllega, rese~rch, title reports, surveyor reports, appraisal repqrts, -collateral mspection reports, title insurance, and bonds issued to protect lend:r'.s collateral, all to the fullest extent allowed by law.. I. . APPRAISAL If at any time during the term of this Deed of Trust the lender; In the reasonable ex,erclse of Its Judgment, determines that It IS likely that there has been a material adverse change in the value of the Real Property, lender may obtain. at Borrower's expense, an appraisal of the Real Property prepared by an app~aiser.satisfactory to lender and in a f.or1 a~d substanc~ satisfactory to len_der. , \ VENUE. The loan transaction that is evidenced by this Agreement has been applied for. conSIdered, approved and made In the S~ate of Oregon. If there is a lawsuit relating to this Agreement, the undersigned shall. at lender's request, submit to the jurisdiction of the courts of L:ane, Douglas or Washington County. Oregon, as selected by lender, in its sole discretion, except and only to the extent of procedural matters rel,ated 10 lender's perfection and enforcement of its rights and remedies against t~e collateral for the l.o~n; if the law requires tha~ such a suilt _be brought in another jurisdiction, As used in this paragraph, the term, "Agreement" means the promissory note, guaranty, secunty agreement or other agreement, document or instrument in which this paragraph is found, even if this document is described by another name, as well. MISCEllANEOUS PROVISIONS. The following miscellaneous provisions are alpart of this Deed of Trust: Amendments, This Deed of Trust, together with any Related Documents,t constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or ari,endment-to this Deed of Trust shall be effective unless given in , . ~_. "1.:1-,": ~t: .I!~,-; "r,:"1l;' i. ~:', 'J , Loan'No: 68756412 DEED OF TRUST (Continued) Page 7 writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. 'If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Arbitration. Grantor and lender agree that all disputes, claims and controversies between them whether individual, joint. or class in nature, arising from this Deed of. Trust or otherwise: including without limitation contract and tort disputes, shall he arbitrated pursuant to the Rules of the American Arbitration Association in effect at the time the claim is filed, upon request of either party. No act to take or dispose of any Property shall constitute a waiver of this arbitration agreement or be prohibited by this arbitration agreement. This includes, without limitation, obtaining injunctive relief or a temporary restraining order; foreclosing by notice and sale under any deed of trust or mortgage; obtaining a writ of attachment or imposition of a receiver: or exercising any rights relating to personal property, including taking or disposing of such property with or without judicial process pursuant to Article 9 of the Uniform Commercial Code. Any disputes, claims, or controversies concerning the lawfulness or reasonableness of any act, or exercise of any right, concerning any Property, including any claim to rescind, reform, or otherwise modify any agreement relating to the Property, shall also be arbitrated. provided however that no arbitrator shall have the right or the power to enjoin or restrain any act of any party. Judgment upon any award rendered by any arbitrator may be entered in any court having jurisdiction. Nothing in this Deed of Trust shall preclude any party from seeking equitable relief from a court of competent jurisdiction. The statute of limitations, estoppel, waiver, laches. and similar doctrines which would otherwise be applicable in an action brought by a party shall be applicable in any arbitration proceeding, and the commencement of an arbitration proceeding shall be deemed the commencement of an action for these purposes. The Federal Arbitration Act shall apply to the construction, interpretation, and enforcement of this arbitration provision. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. Ttlere shall be no merger of the interest or estate created by this Deed of Trust W:ith any other interest or estate in the Property at any time held by or for the benefit of lender in any capacity, without the written consent of lender. Governing Law. This Deed of Trust witi be governed by federal law, applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Oregon without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Oregon. No Waiver by Lender. lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by lender. No delay or omission on the part of lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance. with that provision or any other provision of iNs Deed of Trust. No prior waiver by lender, nor any course of dealing between lender and Grantor, shall constitute a waiver of any of lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of lender is required under this Deed of Trust, the granting of such consent by lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of lender. Severability. If a court" of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot.be so modified. it shall be considered deleted from this Deed of Trust.. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability. of any other provision of this Qeed of Trust. . Successors and Assigns. Subject to'any limitations stated in this Deed of Trust on transfer of Grantor.'s interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of, Trust. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Oregon a.s to all Indebtedness secured by this Deed of Trust. Commercial Deed of Trust. Grantor agrees with lender that this Deed of Trust is a commercial deed of trust and that Grantor will not change the use of the Property without lender's prior written consent. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms'in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Umpqua Bank. and its successors and assigns. Borrower. Th.e word "Borrower" means Betty G. Trotter and includes all co-signers and co-makers signing the Note and all their successors and assigns. . Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, lender. and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental laws. The words "Environmental laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment. including without limitation the Comprehensive Environmental Response, Compensation, and liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERClA"). the Superfund Amendments and Reauthorization Act of 1986. Pub. L. No. 99-499 ("SARA "), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1 801,et seq., the Resource Conservation and Recovery Act, 42 U,S,C, Section 6901, et seq, or. oth~:;;I;;::i~~~ii..7;12-!(?7 or Planner; lM Page,8 I regulations adopted pursuant thereto or intended to protect human healt~ or the environment. . I Event of Default. The words "Event of Default" .mean any of the event~ of default set forth i.n this Deed of. Trust in the events of default section of this Deed of Trust, DEED OF TRUST (Continued) I ., Loan No: 6875641 i . Grantor: 'The word "Grantor" means Betty G, Trotter. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or .accommodation party to Lender, including without limitation a guaranty of all or part of the Note. 1 I Hazardous Substances. The words "Hazardous Substances" mean'materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environ'ment J...hen improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled, The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materia is or waste as defined by or listed under the Environmental Laws, The _term "Hazardous Substances" also includes, without limitation, petroleum, including crude oil and any fraction thereof and asbestos, I '. . I Improvements. The word "Improvements" means all existing and future'improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and o.ther construc~ion o~ the Real Prop!lrty. I Indebtedness. The word "Indebtedness" means all principal, interest arid other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender t'o discharge Grantor's obligations or expenses incurred by Trustee or Lender t.Q enforce Grantor's obligations under this Deed of Trust, tog.ether with interest on such amounts as provided in this Dee1d of Trust. Specifically, without limitation, Indebtedness includes all amouins that may be indirectly secured by the Cross-Collatera1iz~tion provision of this Deed of Trust. l' Lender. The word "Lender" means Umpqua Bank, its successors and assigns. . I Note. The word "Note" means the promissory note dated October 16, 2006, in the original principal amount of $344,000.00 from Grantor to Lender, together with all renewals of, extensions of, mOdifications of, refinancings of, consolidations of, and substitutions for the promissory note or agre~ment. The maturity date of the Note is ~ctober 25, 2016., ' I. Personal Property. The words "Personal Property" mean all equipment,~fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafte'r attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation .all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. . I Property. The word" Proper.ty" means collectively the Real Property and the Personal Property. . . t .' Real Property. The words "Real Property" mean the real property, interests al"!d rights, as further deSCribed in this Deed of Trust. Related Documents. The words "Related Documents" mean all promi~sOry notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, exe:utedlin connection with the Indebtedness. . I Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived f'om the Property. .! Trustee. The word "Trustee" means First American Title Insurance Company, whose address is 1700 NW Garden Valley Blvd Suite 2)4 ( PO Box 1325, Roseburg, OR 97470 and any substitute or successor trustees. . GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS, GRANTOR: x /J~ --!t. Betty G. !rot~r d~ .:..,J}i.- -.I'".'> ,. \'\'~ ~ ";";;II~ .:.'iL' .. . Loan No: 68756412 DEED OF TRUST (Continued) . Page 9 INDIVIDUAL ACKNOWLEDGMENT STATE OF ) ) SS COUNTY OF On this day before me, the undersigned Notary Public, personally appeared Betty G. Trotter. to me known to be the individual described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this day of .20 By Residing at Notary Publ.ic in and for the State of My commission expires To: REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) , Trustee The un_dersigned is the legal owner and holder of alllndebtednes's secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), ~nd to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of T rust. Please mail the reconveyance and Rel~ted Documents to: Date: Beneficiary: By: Its: LAS(R PlIO ~_..g. v.. 5,l%.IO,CIQl c.P', _0 fC~...Ool s"'_,. Int. 1!I91, 1001. ... R9''' R......... . DR Q'llPRalCfnl....\liOl.FC fA.J0501 PII.IJ " Date Received:.li./22--1 Or- Planner: LM