HomeMy WebLinkAboutApplication APPLICANT 9/9/2011
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lCity of Springfield
'Development Services Department
225 Fifth Street
Springfield, OR 97477
Historical Review Application
Historical Review Tel - Minor Alterations; Sites or Structures:
Historical Review Tell - Major Alterations; Sites or Structures:
Historical Review T e III:
Addition of a Site or Structure to the Historic landmark Inventor
Removal of a Site or Structure from :the Historic Landmark Invento
Demolition of Historic land Mark Structures
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Required Projectt.lnformation :Y;;" 7" ~'. (App/fcant: cqmp/ete this section)
A licant Name:
Phone:
Com an :
Address:
Fax:
G'L7 '"B S.
5 ~
("-
Com an :
Address:
Phone:
Fax:
A licant's Re ..
,., . . 'ikj'"'-''' "..,,_;
Pro er Owner:
~...J
Phone: S'lI,SSt..SIS"
Address: 6"27
r: C.dJ 0
Fax:
Com an
ASSESSOR'S MAP NO:
TAX lOT NO
Pro ert Address: &2
Description of If you are filling in this form by hand, please attach your proposal description to this application.
Proposal: '~\i-\-~o^ 0(:' e..><;~.l.;~') AO-'\.- \r.;~to,..;,- s\o....J. "'Ad.
C-o-'\.S+,.........\-;"^ of "'- :')c:...re-.7e.-,
Associated A lications:
Case No.:
CO02
o
03
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Date:
A
TOTAL FEES:
i
PROJECT NUM E
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',^"".'C.i-cnit""\.;:tM:\'/GiKi
Revised 1.16.09ddk
SEP"'; 92011
1 017
r"lrininRl Submittal
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Signatures
An application without the Owner's original signature will not be accepted.
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The undersigned acknowledges that the inform:ation in this application is corred and accurate.
Applicant:
tI_././~ ~~
Signature
Date: 9
Pr.- L- Eo:. ~L.IlJ
Print
If the applicant is not the owner, the owner h~reby grants permission for the applicant to act in his/her behalf,
Owner:
0,/; 9~
'Signature
Date: q
~r: c.-- ~<. Hd
Print
Date Received:
SEP''''',9201f
Original Submittal
Revised 1.16.09ddk
2 of 7
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Eric Estlund
627 B St.
Springfield, OR 97477
541.556.5156
Description of Proposal: Demolition of existing non-historic shed and construction of a garage.
The existing non-historic shed is a wooden structure built with a single pitch roof. It is approximately
238 square feet, about half of which is open. The structure is in disrepair. The open face has attracted
walk by trespassing and illegal use.
The proposed replacement is a 600 square foot wooden garage (as described in the plans and
elevation). If possible the old wooden windows from the existing shed will be used, dependent on their
suitability and condition. The new garage is designed to compliment the features of the house and
profile of the home, keeping it inconspicuous from street level.
Date Received:
SEP '"',9,2011
Original Submittal
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o e Received:
EP - '~9 2011
Original ubmittal
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JONES Terry (Tara)
From:
Sent:
To:
Cc:
Subject:
Attachments:
JONES Terry (Tara)
Wednesday, June 22, 2011 3:50 PM
.Judy Williams; Kerry Barbero; iKip Amend; Kuri Gill; GUTHRIE Paula; Tim Hilton
MARKARIAN Molly; 'Eric Estlund'
Proposed Garage-B27 B ST.
11049 FRONT and EAST ELEVATION 5-26-11.pdf; 11049 FLOOR PLAN 5-26-11.pdf; 11049
BACK ELEVATION 5-26-11.pdf; 11049 SITE PLAN 5-26-11.pdf; 627 B shed front and west
sides.JPG; 627 B shed east sude and rear.JPG; 627 B shed front and east sides.JPG; 627 B
Street - Background Materials:pdf
Dear Commissioners,
Eric Estlund is in the process of purchasing 627 B Street. This is a hip-roofed Mill Cottage dating c. 1910. In 2007 the
Historic Commission approved a change of use for this structure from a single family residence to an insurance office
(DRC2006-00092). Eric would now like to convert it back to a single family residence. He would also like to build a
garage that would access off the alley. In order to do so, he would have to demolish the existing shed in the back of the
property. Both of these actions require a Type I Historic Review Application. Review of his proposal is scheduled for
your next meeting on' June 28th '
Photos of the shed are attached. The shed was not included in our original Historic Outbuilding Survey in 1996 or its
update in 2000. In the 2007 staff report, Kitti wrote that "the shed on the rear of the lot is mentioned (in the 2003
Historic Resource Update Survey), but carries no historic significance".
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If you have a chance, go by and see the site before the m'eeting. It is only a block north of City Hall. The ODOT building
is on the other side of the alley from this property.
Attachments:
l'- Elevations, floor plan and site plan for proposed1garage
l'- Three photos of the shed
l'- Pdf of background materials:
o 1984 Survey sheet
o 2003 Survey update sheet
o Guidelines for Accessory Structures from the Springfield Design Guidelines
o Site Plan showing the placement of existing shed
o The first two pages of 2007 staff report for change to insurance office
I look forward to discussing this with you on Tuesday.
7CzraJones
**Please note my new email address:
tiones(lilsDri ngfield-or .gOV
Planner 1
City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Phone: 541 736-1003
Fax: 541 726-3689
Date Received:
SEP -:9 2011
Original Submittal
1
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SI OF OREGON INVEN'IORY'
HIS C STIES AND BUIIDINGS
State storie Preservation Office
Oregon State Parks, Salem, Oregon 97310
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County Lane 11471
Thane Historic District
Historic Name
Date of construction
1910s
Ccmron Name
Address 627 'B' Street
Springfie1d,Ore 97477
Present Owner William E and
,Irene Cyphert
Address
627 N. 'B' St.
Original Use Residence
Physical description of property and statement 'of historical significance:
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A hip-roofed example of the loCal Mill Cottage vernacular that dated between 1890-1912
in Sprihgfie1d. This is a "rrodernized" :exarnple that has dI-op siding with a "beaded ,
board" trim at the frieze. Its roof has a narrow, boxed' eave. The windows are tall
and are capped with rrolding at the headeir. The low hiP-roof over the concrete decked
verandah is, supported by decorative wroJght'-iron posts, whiCh were a late addition.
An eXterior fireplace Chimney is part of a newer extension to the living rocrn. A
wing to the rear bears the same detail cis the main portion' except for a new window.
The attached carport and patio was built in 1963.-
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Edward Reynolds and his wife Mattie live!d in this house in 1918. He was a fireman
,'with the Oregon Power Conpany. A person by'the naIlEof Sellers CJWrled the house in
1941 through 1949 when it was bought by Cyphert.
Date Received:
SEP -/9 2011
Original Submittal
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Recorded by Dave Cole Date June 1984 Sources consulted:
For State Historic Preservation Office I
Map Designation and Number WD 3a/1I8 pi
TcWriship 17 ~ 3 @;Section 35 I !,-s"r. 11
LCTA
1918 Polk's Directory ,
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Lot 11 300
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~ SEP -:,9 2011
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SEP -~ 2011
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Original Submittal
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ate Recei led:
SEP -9 2011
,-. ".',","i Submittal.
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Aft~r Recording Return To:
EXCEL MORTGAGE SERVICING, INC.
5885 SW MEADOWS ROAD, SUITE 860
LAKE OSWEGO, OREGON 97035
Loan Number: 23001452
[Space Above This Line For Recording Data]
DEED ;OF TRUST
MIN: 1008597-2300145200-9
DEFINITIONS .
Words used in mllltiple seclions 01" this doclIment arelddinecl below and other words are defiled in Seclions 3. II.
13. 18, 20 and 21. Certain rules regarding the usage of words used in this documenl are also rovicted in Section \ 6.
(A) "Security Instrument" means this dOClIlI1el1l, tich is dated JULY 31, 2011 , together
with all Riders to this document. I
(B) "Borrower" is ERIC N. ESTLUND AND KAREN M. ESTLUND
I
Borrower is the lrllstor lInder this Security InSlrllmeL
(C) "Lender" is EXCEL MORTGAGE SERVICING, INC.
Lender is a CORPORATION organized
and existing under the Inw5 or CALIFORNIA
Lender's address is 19500 JAMBOREE ROAD SUITE 400, IRVINE, G:.~.LIFOR-"lIA
92612 I
(0) "Trustee" is FIDELITY NATIONAL' TITLE COMPANY
8585 SW CASCADE AVENUE, SUITEI200, BEAVERTON, OREGON 97008
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(E) "MERS" is Mortgage Electronic Regislration Systems, Inc. tvlERS is a separate corporation thilt is acting
solelv a.<; a nominee for Lender and Lender' s succes~ors and assigns. MERS is the beneticia~v under this Security
Inst;ument. MERS is organized and e.\.isting: llnde!; the laws of Delaware. and hns an nddresJ ~nd telephone numb;r
of P.O. Box 2026, Flint, Ml 4R501-2026. tel. (SS~) 679.MERS. I
(F) "Note" meanS the promissory note signed by ,Borrower and dated JULY 31, 2 P 11
The Note states lhat Borrower owes Lender ONE HUNDRED TWENTY - THREE tHOUSAND FIVE
HUNDRED AND 00/100 Dollars (US. S 123,500.00 ) pillS inlerest.
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Date 1ecewee')as;,.,.m
SEP ri~ 2011
Original Submittal
OREGON~.Single Family..Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS
Form 3038 1/01 Page 1 of 14
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Borrow.:]' has promised to pay this debt in reglllar Periodic Paymcnts .lI\d 10 pay th~ debt in full not laler than
AUGUST 1, 2041 . I
(G) "PI'operty" means Ihe properlY that is de:-;cribed below under the heading "Transfer of ~Zights inlhe Propeoy."
(H) "Loan" means the debt evidenced by-the Note: pIlls interesL any prerayment charges and late charges due under
lhe NOIe, and all sums due under this Security Instrulrlenl, plus inten.::st. '
(I) llRiders" means all Riders to this Security InstrLlIvem thilt are execuled by Borrower. The following Riders are
to be executed by Borrower [check box a, apPliCable!)
o Adjustable Rate Rider 0 Plallned Unit Development Rider
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o Balloon Rider 0 Biweekly Payment Rider
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o 1-4 Family Rider 0 SecondlHome Rider
o Condominiulll Rider 0 Other(s) lspecify]
(J) "Applicabk Law" means all controlling arplicable fedc:ral. St:J.te and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect ~r l,wi) as well as <III applicable linn\. non-apre<lluble judicial
opinions. I .
(K) "Communitv Association Dues, Fees, and Assessments" means all dU6. fees, assessments and other charges
that are imposed ~n Borrowa or the Property by a tondominiu11l Dssociation, homeowners association or similar
organization. !
(L) "Electronic Funds Transfer" means any transfer or funds, other than a transaction originated by check, drafl.
or similar paper instrument. which is initiated throll~h an electronic terminal. telephonic instrument, comrllter, or
magnetic lape so as to order, instruct, or authorize a financial inSlitUlion to debit or credit an account. Such term
includes. but is not limited to. point-of-sale transfer's. [Hltomated teller machine transactions: transfers inltiated by
lelephone, wire transfers, and mnomaled de"rin\!ho~~e transfers.
(M) "Escrow Items" means those items that ar; de~cribed in Section 3.
(N) "!\:liscellaneous Proceeds" llleans any COI1lpel1lsa~ion, settlemen!. <lward or damages. or proceeds raid by any
third rarry (other than insurance rroceeds raid l\nd~r the coverages described ill Section 5) for: (i) damage to. or
destruction of. the Property; (ii) condemnO-lion or other laking of all or allY part of Ihe ProperlY; (iii) conveyance in
lieu of condemnation: or (iv) misrepre...:;entations or, lor omissions as 10: the value andlor condition of the Property.
(0) Ilj\:lortgage Insurance" means insurance protecting Lender against Ihe nonpayment of, or default on, the Loan.
(P) "Periodic Payment" means the regularly sch~dukd amount clue for (i) rrincipal ancl interest under the Note,
plus (ii) any amounts under Section 3 of this Security [nstrument.
(Q) "RESPA" means the Real Estate Settlement R11rocedures Act (12 U.S.c. ~2601 et seq.) and its implememing
regulation. Regulation X (24 CF.R. Pan 35(0), as they mig;ht be amended from time to time. or any addilional or
successor legislation or regulation that governs the same subject matter. As llSe:d in this Security Instrument.
"RESPA" refers 10 all requirements nnd restrictions!l11tl! are imposed in regard to n "fe:de:rnlly related mortgage loan"
even il'the: Loan does nOI qu..,lify as a "federally related mortgage lonn" under RESPA.
(R) "Successor in Interest of Borrower" me~\11S Jny rafty that has taken Litle to the Property, whether or not thaL
pany has assumed Borrower's obligntions \Inder lhb Note and/or this Sec'mity Instrument.
I
OREGON-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS
Form 3038 1/01 Page 2 of _14
Qll.eMaglc~
Date t(eGePde~
SEP -'9 2011
Original Submittal
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TRANSFER OF RIGHTS IN THE PROPERTY
The benei'iciary ~r this Security lnstrument is ivlERS1 (solely as nominee for Lender and Lender's successors and
assigns) and the successors and a:::signs of {vlERS. This Security Jnstrument secure::; to Lender: (i) the reptiyment of
the Loan, and all renev.'als. extensions and l1lodirIC~lion~ of the Note: and (ii) the' perronn~mce or Borrower's
covenants and agreements under this Security lnslntnle1nl ~lncl the Note. for this purpose, Borrower irrevocably grams
and conveys to Trustee, in trust. with power br sale. the follO\ving described properlY located ill the
[Type "r;~<~~~""Ii"'''''] I Or [N.."" "(R:.~'~ J",.,d,""",)
SEE LEGAL DESCRIPTION ATI'ArnED HERETO AND MADE A PART HEREOF AS EXHIBIT "A".
A. P.N.: 0318517
which cluTently has the address of
627 B STREET
[Strcel]
SPRINGFIELD
[CilY]
" Oregon
97477
[Zip Clxk]
(" Properly Address"):
TOGETHER WITH all the improvements now or hereaftc:r erected on the property, and all easementS.
appurten;;\l1ces, and fixtures now or herenfter Cl pntl! of Ine property. All repbcemcnls and additions shall also be
covered by tbis Security lnstrument. Allor the roregoing is refelTed 10 in this Security Instrument as the II Prorcrty."
Borrower understands and aerees that MERS holcL.:; ohlv le\![il tille \0 the interests granted bv Borrower in this Security
Instrument. bul. it' necess;;u; to comply with law or tl;slOI~l. ME RS (as nominee fur Lend~r and Lender's successors
and assigns) has the right: to exercise any or aliaI' th:ose interests. inelll,ding.. but not limited lo. the right to rorecJ~se
and sell the Property: and to t<.lke any action required or Lender including, but not limited to. releasing and canceltng
this Security Instrument. .1 . . . .
BORROWER COVENANTS that Borrov.'er IS law!ullv seIsed o! the eSlate herebv cDnveved and has lhe mrht
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to grant and cOllvey the Property ond lhat the Pr?peny IS unencumbered, except 1'01' encumbrances or record.
Borrower \l;'urrants and will defend generally the tille 1.0 the Property aga!IlSl all cl3il1l~ and demands. subject to any
encumbrances ~r record. . I. _' . . .
TH IS SECURITY INSTRUMENT combines umform covenants lor nallono.l use and non-l\ollorm covenants with
,
limited variations bv jurisdiction to constitute a uniform security inStrlJnlenl cQvering real properlY.
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UNIFORM COVENANTS. Borrower and Lender covenant and "cree as fo]lows:
1. Payment of Principal. Intercst1 Escrow Items. Prepayment Cha;ges, and Late Charges. Borrower shall
pay when due the principal of. and inter~st 00. the 8ebt evidenced by the Note and any prepayment cbarges and lme
charges due under the Note. Borrower shall also ~+y funds 1'01' Escrow Items pursuant to Section 3. Payments due
under tbe Note and this Security Instrument shall be nl<.lde in U.S. currellCV. However, if an\' check or other
instrument received by Lender as paymenL uncleI' tl{e Note or this Security lI1$t~llrne!1{ is returned r~ Lender unpaid,
Lender may require lhat any or all subsequent paydlents due under the Note and this Security Instrument be made in
one or more orthe rollowing rorms, as selected by Uender: (n) cash: (b) money order: (c) certifIed check, bnnk check,
treasurer' 5 check or cashier's check, provided any sllch check is dr~wn upon an institution whose deposits are insured
by a federal agency, instrument<lliIY. or emity; or ld) Electronic Funds Transfer.
OREGON--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT. MERS Date Receiv~aglc ~
Form 3038 1/01 Page 3 of 14 www.docmagic.com
SEP ~; 9 2011
Original Submittal
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PaV1llelllS ,-Hc deel1leclt"ecci\'ed by Lender \Vhell receivtd ,~l the loc;]tlo)) cksil.!,lHIled ill the NOlC or at :;uch other
\ocmion' as n1<-\Y be desigmlled bv Lellejer ill accordal1c~ with the nOlice provisions ~il1 Section 15. Lender 11l:}V return
fill)' payment or parlin! pnYl11en\ 'iflhe pa)'Il1(,"I1\ or parli~l ]J,lYIllt,.'llIS are insulTlcient \0 bring tbe Loan currem.' Lender
may accept nny l:uyment 0.1" p~nial pGYll1:llt insulTici;elll to bdng. th~ Lm\ll 'currel:L with?Ul waiver of any :ighLS
ht:lwnder or nreJudlce to Its j"jghL~ 10 re!u.~t;' such pJ)'mellt or p,lrll~l payments III the IUlLIre, but Lender IS not
obligaled to apply slIch payments at the lime :>uch p~y!nents are accepted. Jl" each Periodic Payment is applied as or
its scheduled due date, then Lender need not pay interest on unapplied I'unds. Lender may hold such unapplied funds
Lmtil Borrower makes payment to bring the LOClIl currbnt. If Borrower does not do so within a reasonable period of
time, Lender shall either apply such funds or rdurnlthelll to Borrower. If not applied earlier, such funds will be
applied [Q rhe ourst;]nding principal b~]ancc under rh~ Note immediately prior to foreclosure. No offset or claim
which Borrower mighl have 1l0V',' or in the fUlllre against Lender shall relieve Borrower from making payments due
under the Note <lnd this SecurilY lllstrumenl or pt:rfoi'ming. the covenanlS and (lgreements secured by Ihis SecLlrilY
Instrument. I
2. Appl,icatioll of Payments or Proceeds, Ex.cept l1S otherwise described ill this Section 1, all payments
accepted and applied by Lender shall be ilpplied in lh~e following ord,er of priority: (a) interest due under the Note;
(b) principal due under the: Note; (c) "mounts due under Seclion J. Such pnyments shnll be <lpplied La each Periodic
Paymenl in the order in which it became due. Any rJm,lining amounts sl1311 be applied first to late charges, second
10 any olhel' nlllounts due under this Security lnstnll1~ellt, and Ihen lo reduce the principal balance of the: Note.
If Lender receives a rayment from Borrower rbr a delinquent Periodic Payment which includes a surfIcienl
<lIllOl1nt to pay any 1m..: clwrge clue, {he pJymen! nUl} be applkd to lhe delinquenl pJymenll111d lbe late charge. If
more lhelll one Periodic Prlyment is outstanding, Lehder may Clpply allY paymenl recelved from Borrower lO the
repayment or the Periodic Pay'menls iI', <1mllo the e:.Aellt tbat. each p3)'lllenl can be r3id in full. To the cxtent lb3t
any excess exists aner the payment is applied lo the fJll payment of Olle or more Periodic Payments, such excess mny
be applied to any lale charges due. Voluntary rrefl3ylment~ shall be applied firsllo any prepayment charges and'then
as described in the Note. I
Any application of paymellls, insurance proceeds, or !vliscellaneous Proceeds to princip;.ll due under lhe Note
shall not extend or postpone the due date, or change!the amount. of the Periodic Payments.
3. Funds for Escrow (terns. Borrower shall' pay to Lender on the day Periodic Payments are due under the
Note, until the Note is p;Jict in full. 8 sum (Ihe "Ful~d.<;") Lo provide for pnymenl Or8lTIOUrUS due [or: (a) tax.es 311d
assessments and other items which can allain prjorjl~' over Lbi.s Security Instrument as a lien Ot. encumbrance on the
Prop.erty: (b) leasehold paym,ents or ground rents ~n the Property, i~ any; .(c) premiullls for nny and ulllllsllrance
reqUlred by Lender under SeCl1on5; and (d) i\'longage Insurance prenlllllnS, lrany. or any sums payable by Borrower
to Lender in lieu of tbe pnyment of Mortgage lnsura:nce premiums in accordance wilh the provisions of Section 1.0-
These items are called "Escrow ltems." At orlgimHioD or al allY time during the leml of the L03l1, Lender may reqUIre
that Community Associatioll Dues, Fe~s, ond Assesslllt'Jlls. if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an EseI'm" llem. Borrower sh~lI prQmptlv furnish to Lender all notices or amounts to be paid
under this Section. Borrower shall pay Lender tile Flll1ds for Escrow lle1l1S unless LendN waives Borrower's
obligntion to pay the FuncLo:; for any or 1111 Escrow ltJ111S: Lender 1110}' \v;;Jive Borrower':; obligation lO pay to Lender
Funds for allY or all Escrow ILems at ;;IllY time. Any ~uch waiver may only be in writing. l\llhe evenl of sllch waiver,
Borrower shat! pay directly, \V-hen and where payablC'. the ;1fl10unlS due lor any Escrow Items for which payment or
Funds has been \....aived by Lender and, ii' Lender rel1uires, sllall furnish to Lender receipts evidencing such payment
\vithin sllch time period as Lender may require. Borrower's obligation to make such paymenls and to provide receipts
shall for all purposes be deemed to be a covenant an~ agreement contained in lhis Security Instrument. as the phrase
"covenant find agreement" is used in Section 9. If ~rrower is obligated to pay Escro\v Ilems directly. pursuant lO
a waiver. and Borrower 1:1ils to pay the ,1J110Un! due for an Escrow'ltem. Lender may exercise its rights under Section
9 and pay such amount and Borrower sholl then be!obligated under Seclion 9 to repny to Lender any such amount.
Lender mav revoke the \vaiver as to any or all Escrow Items at an)' time by a notice given in accordance with Section
- , - I . ~
15 and, upon such revocalJon, Borrower shall pay to Lender all Funds, and In such amounts, that are then required
Linder lh is Section 3. I .
Lender may, at any time, collect and hold Funds in an amount (a) surticient to permit Lender to apply the Funds
althe time srecif"led under RESPA, nnd (b) not to Jxceed tbe ma.\imu1l1 amount a lender can r~qulre limier RESPA.
OREGON--Single FamJ!y~-F8nnje Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DocMa9ic~
Form 30381/01 Page 4 of 14 wv:r..,docmagic.com
Date Receiveo:
SEP ,}.9 2,011
. _1........1 '~I ihrr,ittal
. .
.
.
Ll,;'nd~r slull ~slim<.1t-= lhe :lJll(Jullt or Funds due 011 tht' oasis t)f cUI'r('nl dtlln and rt:Jsonablc esti!ll816 or expt:ndilllres
,
or future CSCl'O\V Items 01" ()lhcrwi~e ill nCCDI"di:\\lCl' Wil\l .''\pplicabk Law.
The Funds shall be hdd in :1I1 instiluti011 whose deposits arc insured by a federal agency. illstru111enwlilY. or
entity (including: Lender. if Lender is an in5tiwlioll \~'hose deposits afc so insured) or in any Federal Home Loan
Bank. Lender ;:;1wl1 apply the Funds to pay the Escrow1ltems no laler than the time specilied under RESPA. Lender
shall not charge Borrow!:':!' for holding and applying Lh~ Funds. [I1111ually annlyzing the escrow accOulll, or verifying
the Escrow hems. unless Lender pays Borrower interelst on the Funds and Arplicable Law permits Lender to make
such (I charge. Unles~ an agreement is mode in \\Titing1or Applicable Law requires interest to be paid all the Funds,
Lender shall not be required to ray Borrower "ny illterbst or enrnings 011 the Funds. Borrower and Lender cnll agree
ill writing, however, thot interest shall be paid Oll thejFulldS, Lender ~hall give to Borrower, without charge, an
unnual accounting of the Funds as required by RESPA,
If there is 0 surplus of Funds held ill escrow. as Iderllled under RESPA. Lender shall account to Borrower for
lheexcess funds in accordance \\'ith RESPA. If there i~ a shortal!c of Funds held in escrow. as defined under RESPA.
Lender slwJl notify Borrower 8S required by RESPA, a\ld &lITO~Ver shall p;;ty to Lender the amount necessary to m:.1ke
up the shortage in ;;tccon-Iance \...'ilh RESPA. but in m~ more tlHl.l1 ]2 monthly payments. If \here is a deliciency of
Funds held in escrow, as de lined under RESP A. Lender shall notifv Borrower as required by RESPA. and Borrower
shall pay to Lender the amount necessary to mnke up lhe dcflcienc;' in accordance \vith RESPA, bll1 in no more than
12 monthly payments. I
Upon payment in full of all sums secured by this Security [nSlrumenL Lender shnll promptly refund to Borrower
any Funds held by lender. I ~. ' , .
4. Ch:Jrg~s: Li~l1s. Borrower shnll pay allta.\es. assessments, charges. lmes, and 1I11poslllons 3t1nbutfJble to
the Prorerty which can attain priority over this SeSllrity Instrument. leasehold \XlymentS or ground rents on the
Property. if any, and Community Association Dues, Fees. and Assessments, if 8ny. To the extent that these items
are Escrow Items, Borrower shall pay them ill the mhllner provided in Section 3.
Borrower sl~all promptly discharge any lien whichhos priority over this Security Instrument unless Borrower:
(a) agrees in writing to.lhe p~yme.nt of the Obligation[secured by lhe lien i,n a ~1<.1llner ac.c.eptable to Len~ier, but ~nl)'
so long as Borrower IS perlormlllg 5uch ng.reemenl; (b) contests the !ten In good [alth by, or delends ag,llnst
enforcement of the lien in. legal proceedings which inl Lender's opinion opt:rate to prevent the enforcement of the lien
while those proceedings me pending, but only until ~uch proceedings are concluded; or (c) secures from the hold~r
of the lien arl agreement satisfactory to Lender subordinating tbe lien to this Security lnstrumenL If Lender
determines that any pan of the Property is subject to: a lien which can attain priority over this Security Instrument.
Lender may give Borrower a notice identifying the lien. Within 10 days oCthe date on which that notice is given.
Borrower shall satisfy the lien or take one or more Jrthe [I(;\ion5 set forth above in this Seclion.:t.
Lender may require Borrower to pay a one.til11~ ch;;trg~ lor a real eSI<.ltc tax verificmion and/or reporting service
llsed by Lender in connection with this Loon. I. . ,. _
5, Property Insurance. Borrower shall ke~r lhe Improvements now eXlstlng or berealLer erected on the
Property insured against loss by fire. hazards included within the terlll "extended coverage, l' and ony other haznrcls
including. but not limited to, earthquakes and OoodL 1'01' which Lender reC]uires insurance. This insllranc~ shall be
maintained in the amounts (including deductible l~vds) Ilnd for the periods that Lender reqllires. What Lender
requires pursUanllO the preceding sentences can cha~ge during the term of the Loan. The insurance carrier providing
the insurance shall be chosen by Borro~\'er subject to Lender's right to disapprove Borrower' 5 choice, vihich right 5holl
nO! be exercised unreasonably. Lender may requirelBorrower to pay. in connection with this Loan. either: (a) a one-
time charge for flood zone determination. certification and tracking services; or tb) a one-lime charge for flood zone
determination and c~rli!icatjon services and subsequrnt charges each time rem<fppings or similar changes occur which
reasonably might affect SllCh determination or certifIcation. Borro\'.'er shall also be responsible for the payment of
any fees imposed by the Federal Emergency Management Agency in connection \.....ilh the review of any flood zone
determination resultin~ from an objection bv Borro\\'er.
If Borrower f[lils~to maintain any of lh'e cO\'er~ges described above, Lender may obtnin insurance coverage. at
Lender's option and Borrower's expense. Lender js under no obligation tD purchase any particular type or amount
ofcoverae:e. Therefore, such coverne:e shall cover Lender. but mll.dn or ml~ht not protect BorrO\ver, Borrower's
equity ill (he Propertv. or the contents ~flhe Propel\Y. a!!<.lil1st any ri;k. hazarci or liabilitv and mieht provide greater
-' I -' .-
I
OREGON--Single Family--Fannie Mae/Freddie Mac UNIF!JRM INSTRUMENT - ME5ate ReCeIVeQ,~cM.glc~
Form 30381101 Page 5 of 14 www.docmagic.com
SEP -:',9 2011
Original submittElI
.
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or Jesser coverage than was previously ill erreCt. Borro\\'er acknowledges Ihm the cost or (he insuf,lIlCC' coverJge so
Obli.linc:d might signifiGIl1Lly l:.'.ceed the cost or insuranc~ lh~-lt Burl"Ower could have obl::tlnecl. AnY amounts disbursed
by lender under this Section 5 shall become uddilion:d Idebt or BCHrower secured bv this Seclll'it~ lnstrument. These
a~loullts shall beiJf interest at the NOLl' ra\~ rl"om the d~lt' or disbursement nnd sh,;ll be pavClble". wlth such imerest.
upon notice from Lender to Borrower r~qllestillg paYI1~cnt. '
All inSUf;:lnCe pol tcies required by Lender <met rJllew<lls of such policies shall be subject 10 Lender's right to
disapprove such policies, shall include :) stal1d~U"d lllortgage c\::\tIse. and shall1l3\1le Lender as mortgagee and/or as an
additional loss pay'ee, Lenckr shnll have the righl to h:old the policies and renev,'nl cenilkates. If Lender require::;.
Borrower shall promptly give to Lender all receipts or)paid premiullls and renewal notices. If Borrower obtains any
form of insllrnnce coverage, not otherWise requirc:d bYI Lender. lor damage to. or destruction of, Ihe Property, such
policy shall include a slandard mortgage cl,ms.: 8\ld shallllJlm:: LendC'f as mongnge.:: and/or as an additional loss
payee. I
In the event or loss. Borrower shall gi\'e pl-ompt,llotice to the insurance carrier :.md Lender_ Lender may make
proal' of loss if not made promptly. by BOlTower. l!,lnless Lender and Borrower otherwise ngrt:e in \wiling, any
insurance proceeds, whether or not the underlying insll1-ance ,,\'as required by Lender, shall be applied to restoration
or repair of Ihe Property, if lhe restoration or rep-8ir ils economically !t--Dsible and Lender's security is not lessened.
During such repair and restoration period. Lcndel- sh~ll have lhe righllo hold sLI\:h insurance proceeds unlil Lender
has had [to opportunity to inspect sllch Propt;':ny)o ~nsure Ihe work h<ls been completed to Lender's soti::;faction_
provided that such inspection sh"l\ be lI11denaken p1romptly. Lender may dl5burse proceeds for the repairs and
restoration in a single payment or in 8. series of prodess payments as the work is completed. Unless an agreement
is mnde in writing or Applicable Law requires inlecels! 10 be pnid on such InsUI-811ce proceeds, Lender shall nOI be
required to pay Borrower any interest or earnings on Juch proceeds_ Fe~s I'DI' public adjusters, or other third par lies.
retained by Borrower shall not be paid out or the insllrance proceeds and shu1l be Ihe sole obligation of Borrower.
If the resloration or rep:'lir is not economically feasible/oar Lender's security would be lessened, the insurance proceeds
shall be applied to the sums secured by this Security lr~strulTIent, whether or not then due, with the excess, if any. paid
La Borrower. Such insurance proceeds shall be ilPplied in the order provided [at- in Section 2.
If Borrower nbandons the Property, Lender Jll1ay file, negotiate and settle 8ny available insurance claim alld
relmect matters. If Borrov,,'er does not respond \\'itlli!l 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim. then Lender lllay negotiatt and seule the c\(lim. The 30-day period will begin when the
no lice is given. In either event, or if Lender acquire~ the Property under Seclion 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower's righ!s to any insullance proceeds ill an ;)ITIOluH not to exceed lhe ;)1l10UIlIS unpaid
under the Note or this Security Instrument. ,lnel (b) ~lY other of Borrower's fights (other than Lhe right lO any rdime!
of unearned premiums pnid by Borrower) under all fnsurance pol ides covering lhe Property_ insofar ns such rights
are applicable LO the coverage of the Propel"ty_ Lem1er 111(1)' use the inslll"Olnce proceeds either to repair 01- restore lhe
Properly or to pay amounts unro.1d under lhe NOle or thIS SecurilY Instrument, whelher or not then due.
6. Occupancy. Burrower slwll occupy. esdblish, and use the Property ~lS Borcower's princip,ll residence
within 60 days after lbe execution of lhis Security InslU-lllllent <1nd shall continue to occupy the Property as Borrower's
principal residence lor at least one year ~rter the date!of occup::mcy. lInkss Lender otherwise agrees ill \V'riling, which
consent shall not: be unreasonably withheld. or unleL;; extel1uC\ting circumstances exist which are beyond Borrower's
,control. - I
7. Preservation, Maintenance and Protection of the Property; Inspec(ions. BOiTO\>,'er shall not destroy_
damage or imp3ir the Property, allow the Property lo deteriorate or cOITIIllit waste on ehe Property. Whether or no!
Borrower is residing in the Property, Borrm.ver shrill maintain the Property in order to prevent the Property from
deteriorating or deereusing in \'alue due to its condition. Unless it is determined pLtrsuan[ to Section 5 that repair or
restoration is not economically feasible. Borrowerlshall rromptly repair the Property if damaged to avoid [llfther
deterioration or damage. If insurance or condemnation proceeds [Ire paid in connection \vith damage to, or the taking
of, the Property, Borrower shall be responsible roi repairing or restoring the- Propeny only if Lender has rele,lsed
proceed..,> for such purposes. Lender may disburse hroceeds for the repairs and reslorntioll in a single payment or in
a series of pro2:ress payments as the work is comple'ted. If the lnsurnllce or condemnation proceeds are nOl sufficient
lO repair or re;tore the Property, Borrower is not re\ieved or Borrower's obligation for th\:: completion of such repair
or restoration.'
OREGON--Single Family..Fannie Mae/Freddie Mac UNIFOP,M INSTRUMENT. M<iR3t R . d' DocMa9/c~
Form 3038 1/01 Page 6 of 14 ua e ecelve. www.docmag;c.com
SEP '7~9 2011
Original Submittal
.
.
Lender or its agent may ll1<lke rt::Jsonablc entries upon Z1llC1 inspectiulls of the Property. Ifii h3S rc<1sonablc C::JllSt:.
Lender may inspect the inierio[" of the improvements o'n the Property. Lender shall give Borrm>.,:er notice at the time
of or prior to such nil interior inspection spl..'cifying sJch reasonable cnuse.
S. Borrower's Loan Applkation. Borro\\'e~ shall be in def::Jult if, during tht: Lonn application process.
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave
materially false, misleading, or inaccurate inrormatidn or statements La Lender (or failed to provide Lender with
material information) in connection v/ith the Loan.j ~vlaterial representations include, but are not limited to.
representations concerning: Borrower's occupancy of jlhe Property as Borrower's principal rt'sidence,
9. Protection of Lender's Interest in the Property ilnd Rights Under this Security Instrument. If (a)
Borrower fails to perform the L:OVClla\lIS and ~grCeJ1lbllIS contained ill \his Security Instrumenl. (b) there is a legnl
proceeding that might significantly alTect lender' s illt~resl inlhe Propat)' nnd/or rights under this Security Instrument
(such as a proceeding in bankruptcy. prob:.1Ie. for cOIideJllllation or forfeiture, lar enlarcemeni of a lien \vhich lllOY
,
attain priority over this Security Instrument or to t'nl"orct: bws or regulations). or (c) Borrower hns abandoned the
Property, then .Lender may ~o and P,<lY for whateve~ lis re~sonabk or, nppropri<1le to p~ott'ct lender's interest in the
Property and nghts under thIS Securtty Instrument. mcJudlllg protectlllg and/or a:;scssl11g the value of the Property,
ancl securing and/or repairing the Property. lender' s:actiol1s can include, bU.l are not limited to: (a) paying <lilY sums
secured by <.1 lien which has priority oVer this Security Instrument.; (b) appe<.1ring in COLlft: and (c) paying reasonnble
attorneys' fees to protect its interest in the Property aJ~d!or rig.hts under this SecurilY Instrument, including its secun:d
position in a bankruptcy proceeding. Securing the P.ropeny includes, but is not limited to. entering the Property to
Inake repairs. change locks, replace or board up dodrs <lnd windows, droin water from pipes, eliminate building or
other code violations or dangerous conditions, and h~ve utilities turned on or off. Allhoug.h lender may lake action
under this Section 9, Lender does not have to do su ;,'/nd is not under ;;Iny duty or obligation to do so. (t is agreed that
Lenda incurs no liability for nO! taking <lny or <11\ abiolls <luthorized under this Seclion 9.
Anv amounts disbursed bv Lender under this Sdction i.) shall become additional debt of Borrower secured by this
Security'lnstrument. These m;lountS shall bear inte}est <H the Note r:1le from the dalt: of disbursement and shall be
payabk:, with such interesL upon notice ['rolll LellliJr to Borrower requesting payment.
If this Security Instrulllent is on a least:hold~ Borrower :;h,lll comply with all the provisions of the lease.
Borrower sh<lll not surrender the leasehold estate and interesls herein conveyed or terminate or cancel the ground lease.
Borrower shallnol, withollt the t:.\press written co1n:;enl of Lender, alte; or nmend the ground lease. ~ If Borrower
~cqLli~~s fee title to llle Property, the leasehold andlthe fee title shall not merge ullless Lender agrees to the merger
111 \Vrtllng.
10. i\'lortgage Insurance. [f Lender required Mongnge Insurance as a condition or making the Loan, Borrower
shall pa\! the premiums required to l11nint:\in the ~fort\.!a\.!e Insurance in effect. I L for anv reason. lhe ~'lon2.alle
, I - - . - -
Insurance coverage required by Lender ce:\ses to be available from tIle mortgage insurer that previously provided such
insurance and Borrower was required to ll1nke sepdralely designated p<tyments townrcl the premiullls for t'vlorlgage
Insurnnce. Borrower shall pay the premiums' requifed to obtain coverage sub:;tantially equivalent to the Mortgage
Insurance previously in effec\' at a cost sUbst<llltiaJiy equivalent to the cost to Borrower of the Mortgage Insurance
previously in effecl, from an alternate mongage inlsllrer sdected by Lt.:nder. If subslantially equivalent Mortgage
ln~urance cover8ge is not 8vailnble. Borrower slwl\ Icontinue to f1<1Y to lender the amount 01' the separately designated
payments thm were due when the insurance co\'er<t~e ceased to be in effect. Lender \....ill accept, use and retain these
payments as a non-refundable loss reserve in lieu or j'vlongage Insurance. Such loss reserve shall be non-refundable,
notwithstnnding the facl thm the Loan is ultimately [paid in full, and Lender shall nOI be required to pay Borrower any
interest or earning~ on such loss reserve. lender dn no longer require loss reserve p:.1Ylll~nts if Mortgage Insurance
coverage (in the nlllount 81)d for the period that lbnder requires) provided by an insurer selecled by lender a~ain
becomes available, is obtained. and lender reql\ires :;eparately designated payments toward the premiums for
Mortgage Insurance. If Lender required Mortgagf Insurance as a condition of making the Loan and Borrower was
required to make separately designmed payments toward the premiu11ls for Mortgage Insmance. Borrower shall P<lY
lhe premiums required to maintain Mortgage !ns\\~nnce in effect. or to provide a non-refundable loss reserve, until
Lender's requirement lor tvtongage Insurance endJ in accordance with any \\Titten agreement between Borrower and
Lender providing lor sllch lermination or Ltlllillerinination is required by Applicable La\\'. Nothing in this Section
10 affects Borrower's obligation to pay interest "lhe rate provided in the Note.
I
OREGONnSingle FamilynFannie Mae/Freddie Mac UNIFORM INSTRUMENT. MIiilS t R . ~DocM.g1c ~
Form 30381/01 Page 7 of 14 Ua e eceIVe""'ww.docmag;c.com
SEP -;.92011
Original Submittal
.
.
MOrLgn~t: Insurance reill1bur:'i(;;'; L~nder (or tlJlY t'lllilV that l'ur-:!l:lses the Note) l"()r cenaill losse~ it Ill<lV incur
- - . I . .
if Borrower does not repay th..: Loan as 8greed. Borrower is not" pany to the l'\'longilge Insurance.
Mortgag.e insurers e\'~lllnte their IOlal risk ~)ll alll~ucl.l insunlllce in force rrOllllilllt 10 lime. [I11d Il1<lY enter intl..)
ag::reements wlth Olher panies th,lt share or modify their rIsk. or reduce losses. These Rgrt:emenl:'i aft on terms and
conditions that are sa.lisfactory to the mortgage insurir and the otl~er party (ur partics) to these agreelllt11ls. . These
agreemel1ls may require the mortgage l11surer lO makepJuyments llStng any source of funds Ih<:lt the mongage Insurer
may have available (wbich may include funds obtained from Mortg;'lge Insurance premiums).
As a result of these ogreemcnts, Lender. any ptlrchnser or the Note, nnother insurer, any reinsurer. any other
entity, or allY affiliate of any o[the foregoing, mOl)' redeive (direclly or indirectly) amountS that derive from {or might
be characteriz~d as) a, POl"lion of Borr~wer' 5 pnyme,nls!ror Mortga~e Insul."<1IlCe, in e'\cha~l~e lor,sharlng or modifying
the mortgage Ulsurer oS rlsk, or redUCing losses. II such agreemen\. prOVides that an nfJillate at Lender takes a share
of the insurer's risk in exchange ror a slw.re or lhe IAel11iulllS pnid lO the insurer, tbe nrrangtmCnl is orlen lermed
"c<lplive reinsurance." Furlher: I
(a) AllY such <1greemellts will not affect the amoullts that Borruwer has agn:ed to pay for r\'lortgage
[nsurance, or uny other terms of the Loan. Such bgn>t'IIH'fHS will not increase the 1111l011nt Borrower ,,,.ill owe
for Mortgage In;urance, and they will not entitle Borruwer to <lny refund.
(b) Any such agreements will not ;:1fTect the ~'ights Borrower has. if an) - with respect to the l\:Iortgage
Insurance under the Homeowners Protection Act 011' ll),)H 01' any other law. These rights may include the right
to receive certain disclosures, to request and ot/t.lill cancellation of the (\'Iortgage Insurance, to have the
,
[\:Iortgage Insurance terminated automutically, and/or to receive a rdund of uny Mortgage Insurance premiums
that ,'!"ere unearned at the time of such cHllceJlatio1n or terminatiun.
II. Assignment of !\'liscellaneous Proceeds: Forfeiture. All i."liscellaneous Proceeds ,He hereby assigned to
and shall b~ paid to Lender. I
lflhe Property is damaged, sllch i'.'\iscellaneous Proceeds shall be applied to restoration or repair orl.he Property.
if the restoration or repnir is economically Il:::asible ~nd Lender's securilY is not lessened. During sllch repair and
restoration period, Lender shall h:we the righl tol hold sllch i'vliscellaneous Proceeds until Lender has had an
opportunity w inspecl slIch Propeny to ensure the ''lark has been compleled to Lender's satisfaclion. provided that
sllch inspection shall be undertaken promptly. Lel1d~r 1ll~1~. pay for the rep[ljrs nne! re5!OrmJoll in a single disbursement
or in a series or progress payments as lhe work is coinrleled. Unless nn ::lgreemenl is made in wriling or Applicnble
Law requires interest to be paid at) sHch Miscellaneqlls Proceeds, Lender shall nol be reqllil'ed lO pay Borrower ~my
interest or earnings on sHch Miscellaneous Proceeds. If the restoration or repair is nOl economically feasible- or
Lender's security would be lessened, the t\.-'liscellanel~us Proceeds shall be applied La Lhe slims secured by lhis Security
Instrument. "vhether or nOl then due, with lhe (',\ceds. if any, paid to Borrower. Such 1\-1iscellalleollS Proceeds shall
be applied in the order provid~d for in Sec.Lion 2. I . _ .
In the' event of D lowl taking. destrucllon, or loss III value oj lhe Propeny: the Mlscellaneolls Proceeds shall be
applied LO the SUlllS secured by this SeclIrilY lnslrllJnerll, v.'hether or not then due, wilh the excess. if allY. paid to
Borrower. I
In the event of a partial taking. destruclion. or loss in value or the Property in which the hiI' m<1rkel value or
the Property immediately before the partial laking. destrL,ction. or loss in vtllue is equal to or greater lhan the amount
of the sums secured by this Security [nstrumenL ilTI~lectiatC'ly before the partial taking: destruction, or loss in value,
unless Borrower and Lender othenvise agree in writing, lhe sums secured by this Security InstrumenL shall be reduced
by the 3illOllnl of the M iscellaneoLls Proceeds lllulti1plied by the follO\ving (raction: (0) the LOwl amount of the sums
secured immediately berore the partialtakin!!, destrllction. or loss in v3llle' divided bv (b) the fair market value of the
Property illllTIedint~ly before the partiallaki7l'g. desG'uclion; or loss in value. Any b~lance shL\ll be paid lO Borrower.
[n the event of n part tal taking, destruction, ~r loss in value of the Property in which the fair market value of
the Prop~ny im.mecJialC'ly before lhe.ranin.llakillg,ldestJ'lIction, or loss in value is less than the amounl oftbe Sll~lS
secured \l11medlatodv before lhe rartlal taKln!!, de:;ll"uctlon. or loss 111 value. unless Borrower and Lender otherWise
agree in writing, th~ t\11iscellaneous Proceeds-sho.ll He ;lpplied lO the sums se~ured by tbis SecurilY Instrument \vhether
or not tbe sums are then due. I .
_ Ifrhe Property is nbnndone~ by Borrower, Qr if. after notice by ~ender to Borrower tbat lhe O~posing: Party (as
deimed In the nexL sentence) oners to make ,lll award to seltle a claIm for damages. Borrower falls to respond to
OREGON--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS . 0 ~ gI n-~
Oat R . 0 a c <<roM"""
Form 3038 1J01 Page 8 of 14 e eCeJVS Ctocmagic.com
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Original Submittal
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Lender \vilhin 30 days after the dale the notice is ~i\'t:n, Lemkr is Q.ulhorizcd 10 collecl .:lnd apply the- J\iliscellaneolls
Proceeds eitber tlJ"restora,lion or ret~1air of the:: ProperlY: or La lh~ ~UlllS 5ccured bY,this Security Instrument. whether
or not then due. Opposmg PDrty means the llmd rqny l11m owes BOi"rower J\'\\SCell:llleolls Proceeds or the pnny
against whom BOlTO\Ver has a right of action in re!.!.ard to MiscellnneoLls Proceeds.
~ Borrower shall be in default if any aCLioll Or pro~eeding, whether civil or crlllli1l3L is begun that, in Lender's
judgment. could result in forfeilure orthe Property or 9ther m<.lterial iJnpnirmenl of Lender's interest in the ProperlY
or riglllS under this Securitv Instrument. Borrower canl'cllrc such a defaull and, if acceleralion has occurred, reinslate
'15 p~ovided in Section 19, by causing the nction orl proceeding ro be disn;issed wir~' a ruling rhar. in Lender's
Judgment. precludes forfelture oj the Proreny or other maten,ll IlllpZllrment of Lender s mlet'CSl III the Property or
ri\!hts under lhis Securitv Instrument. The proceeds 0f anv award or cl<1im [or damnges thai are attributable to the
in~pairmenl of Lenda' s'interest in the Property Jl"e hJreby' assigned and shall be paid~lo Lender.
,~Il Miscellaneous Proceeds lhnt [Ire 110t npplied Ilo restormion or repair or the ProperlY shall be "pplied in the
order provided for in Seclion 2.
12. Borrower Not Released; Forbearanl.:1.' By ,Lendt'r Not a \\'ainr. E.\lension Orlllt: time I"or paymenl or
modil~lc,uion or amortizalion or lhe SLims secured bv this St:curitv Instrument \!ral1led bv Lender \.0 BorrO\>,"er or any
Successor in 10tereS! or Borrower shall not opernte'tolrelease rl1~ liability of Borrower ~r any Successors^in Intere;t
of Borrower. Lender shall not be n~ql\lred to commence proceedIngs agamst any Successor III Illterest 01 Borrower
or lO refuse to ex lend time [or paymenl or olherwi~e modify al11oni:LJtion of lht: sums secured by this Security
Instrument by reason'orany demand made by the orig'inal Borrower or any SUCCeSsors in Interest of Borrower. Any
forbearance by Lender in exercising any right or r~medy including_ without limiW,lion, Lender's nccepl<mce of
payments from third persons. entities or Successors ih Interesl of Borrower or in amounts It:ss thanlhe JmOLlllllhen
due, shall not be a waiver of or preclude the exercisJ orany ri!;ht or remedy.
13. Jpint and Several Liability: Co-signers; Sluccessors and Assigns Bound. Borro\\'er covenants and agrees
that Borrower's obligations and liability shall bejoint hnl! several. However, any Borrower \vho co-signs this Security
Instrument but does not e:\ecute the Not~ (D. "co-signe1r"): (a) is co-signing this Security InS\rL1111elll only to mortgage.
grant and convey lbe co.signt:r's interest in the Pr6perty under the terms or this Securily Instrument; (b) is not
personally obligated to PD.Y the sums secured by this~SecuriiY Instrumellt; and (c) agrees that Lender and any other
Borrower can agree to extend, modi!')', forbear or make anv accolllIllodations \l,'itb re~nrd ll) the terms or tbis Security
. I' - ~
Instrument or the Note without the co-signer' S C01bcnl.
Subject to the provisions of Seelio\1 1 x,allyl Succe:-;snr in Interesl of Borrower who a::iSllllleS Borrower's
obligations under thi~ Seeurit.y Instrument in \vriting) and is approved by LC1:der. shall obta,in all.of ~orro\Ver' ~ ri~l.lls
and benefItS under thIS Secllrltv Instrument. Borrower Shill) nO\. be rdessed Jrol1l Borrower s ob\i!!(ltlOllS and hnblllly
under this Security Instrument unless Lender ngrees to slIch release in writing. The covenClntS and agreo::menlS o(this
Security Instrument shall bind (except as provided ill Section 20) and benelillhe successors rind assigns of Lender.
14. Loan Charges. Lender Illay charge BOl"r6wer fees [or services performed in connecllon wilh Borro\\'er' s
default.. for the purpose of prolecting Lender' s int~resl in the Propeny and rights under this Securil)' [nstrument.
induding, but n011imi!ed 10, allOrneys' fees. prope~ty inspection and v(lluation fees. In regard lo any other fees. the
absence of express authority in this Securily Instrul~lent to charge n specific fee to Borrower shall not be construed
as (l prohibition on lhe charging of such fee. Lender!may not charge r~es that are e.xpressly prohibited by this SecurilY
Instrument or by Applicable Law. .
If the Loan is subject to a law which sets ma.ximumloan char!!es. and thallsw is flnallv interpreted so that the
interest or other loan ch<1fges collected or to be collected in conne~tion with the Loan exce~d the permitted limits,
then: (a) any SLlch 10,111 charge shall be reduced by the amount nece$Si:lry to reduce the chJrge 10 the permitted limit~
and (b) any sums already coUected from Borrower whicli exceeded permitled limits will be refunded to Borrov'r'er.
Lender may cboose to make this rdund by reducing the principal owed under tbe Note or by making a direct payment
to BorrO\ver. If a refund reduces principnl, tbe reduclion w111 be treated as n pnrtial prepayment without noy
prepnYlllent charge (whether or not n prepaym..::nt charge is provided for under the Note). Borrower's accepw.nce of
any such refund made by direct paymellt to Borro\\ler will consljlllle a \ValveI' of [lny right of [lctioll BOITO\Ver might
have arising out of such overcharge. I
15. Notices. All notices given by Borro\ver or Lender in connection with this Security Instrument \TIust be in
writing. Any notice to Borrower in conneclion wi~h tblS Security InSlrument shall be deemed to have been given to
OREGON--Single Family--Fannie Mae/Freddie Mac UNI~OR1v1INSTRUMENT - MERS
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Borrower when mailed by !Irsl cl~ss mail or when 0clu311y (klivcred to Borrower's 1l0lice addreSs if Sl"nt by 01110:1"
means. Notice to ,my one BOLTO\",cr SI1811 constitute nblice to a]] Borrowers unless Arrlicabk La\\' expressly reyulres
otherwise. The notice address shall be the Propert~ Address unless Borrowel' has designnlect a substitute nOlice
address by notice 10 Lender. Borrowcl" shalll)I'Ot1"lI)I\l'l.' llOlifv Lender or 8orrow~I"s chan<..!t or nddress, If Lender
1-- -
specifies a rrocedure for reponing Borrower's chango::: of addreSS. then Burrov,'cr ;:;hall only repon a change of address
throug.h that specified procedure. Tl1en~ lllny be only Olle designated notice <1ddn:5S under this Security InSlfUt1lelll
at any OIle time. Any notice to Lender shrill be ~ivell bv deliverin\! Il nr by !11ailin~ it bv flrsl class mail to Lende( s
- I - -- --
address Slated hereillunkss Lender has desi~n<Hed another address bv nOllce 10 Borrower. Any nOlice in connection
with this Securily Illstrulllell( shall nOl be (ieel1led H~ have been ~iV~ll tlJ Lender until actLlall~' received bv Lender.
if (lilY notice required by this Security lnslrulllewl, is also req:lired under Applic[lble Law., the Appji~able Law
requireinent will satisfy the corresponding requirelllbllt under lhis Securily Instrument.
16. Governing La'~'; Se.vera~ili.ty: .Rule~ orlConstruction. This Security. Instrument ~hal~ be gover~led ~y
[ederallaw and the law ol the JUrlsdlctlon III \\'hlCh the Property \s localed. All nghts and obllgallons comall1ed 111
this Security Instrument are wbject to any reqlliren~ents and limitations of Applic:Jble Law. Applicable Law might
e.'\plicitly or implicitly :Jllow the panies 10 3.grec: bly contract or it might be silent, but sllch silence shall not be
construed as a prohibition ngainst agreement by cOI{tract. In the event that any provision or chuse of this Security
Inslrument or the Note conf1iets with Applicable La:\\" such connict shall nol affecl ethel' provisions of lhis Securily
Instrument or the Note which can be !liven efrecI without the connictin~ provision.
As used in this Security InQrull;ent: ta) \vordk of the masculine g~nder shal1ll1eall and include corresponding
neuter words or words or the Cel11ininl:" genckr: (b) ~\'ords in the singular sh,d\ mean and include the plur<1l rind vice
versa; and (c) the word "mav" !!i\'es sok discretionl without nn\' obliUJtion to take nn)' aClion.
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17. Borrower's Copy. Borrnwer shall be gi}'en one copy of the Note and oflhis Securily Jnstrument.
UL Trnllsfer of the Property or a Bcncticiallntcrt'st in Borrower. As llsed in this Section l~, "lnterest in
the Property" means any legal or beneficial interes~ in the Prollt'rty, in'eluding, but nol limited lO. those beneficial
interests transrerred in t\ bond lor deed, conlract fOl! deed. installment saks contracL or escrow rI~reemen1. the inle-nt
of whicb is tbe transfer or tille by Borrower at a fll1ture date to a purchaser. ~.
If all or any pml or the Pr~perty or any lnlerbst in the Property is sold or transferred (or if Borrower is not <l
natural person and a beneficial interest in Borrowdr is sold or transferred) w\lhollt Lender's prlOl" written consent.
Lender may require immediate payment tl1 full oral\ sums secured by this Security lnslrument. HO\vever. lhis oplion
shall not be exercised by Lendel' if such exercise i~ prohibited by Applicable Law.
[[ Lender exercises this option. Lender sha1l1give Borrower notice of acceleration. The nOlice shall provide a
period or not less than 30 days from lhe date the not!ice is given in accmd3nce wilh Secllon 15 within which Borrowel'
must pay all sums secured by this Security InSln\m~l1t. [f Borrower fClils 1,0 pny these sums prior to the e,'\pinllion of
this period. Lender may invoke any [Tmedies permillc:d by this Security Inslrlnnent without further notice:: or dem;.llld
on Borrowtr. I
19. Borrmver's Right to Reinstate After Accelenlt;oll. If Borrower meets certain condilions. Borro\ver slwll
b?ve the right to have enforcement of thls SecurilY Instrumenl disconlinued [ll any time prior to the earliest of: (8) five
days before snle of the Property' pursLlanllo any pbwer of SJle contained in this Securily Instrument: lb) such other
period as Applicable L~w might specify for the ten~i\13lion or Borrower's rtght to reinstale: or (c) entry ofajudglllel1t
enforcing this Security Instrument. Those condili?llS are that Borrower: (a) pays Lender all SUlTIS which then would
be dlle under this Security Instrument find the Nole <1S if no acceler3lion had occurred: (b) cures any default of any
other covenanlS or agreements; (c) pays elll expen1ses incurred in enforcing lhis Security (nstrument, induding, but
not limited 10. reasonable attorneys' fees. proper1ty inspection and valualion fees. and other fees incllrred for the
purpose ofprolecting Lender's interest in the Probertyand rights under this SecurilY InStrlllllclll: and (d) IDkes slIch
action as Lender may reasonably requil'e to assure lhal Lender's interest in the Property and rights under thls Security
(nsIrUTIlem, and Borrower's obligation to pay the slIms secured by this Security Instrument. shaH continue llllch::mged.
Lender may require that Borrower pay such reinsllatelllent Sllms and expenses in one or more olthe following forms,
a<; selected by lender: (a) cash: (b) money order; (~) cerlirled check, bi.lnk check, treasurer's check or cashier' 5 check,
provided any sllch check. is drawn upon an insLitution who:;e deposits are insured by a federal agency, instrumentality
. or entity: or (eI) Eleclronic Funds Transfer. Upon lleinstatemenl by Borrower. lhis Securily Instrument and obligations
OREGON--Si;gle Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Date KeCeIVeQ;aglc~
Form 30381/01 Page '10 of 14 www.docmagic.com
SEP -:,,2011
Original Submittal
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st'cun:c1 hereby shall rem.lin fully elTeclive as ir no acceleratioll had uccurred. Ho\\'('\'Cr, this righllo reinstale shull
not apply in the case of accelermion under Section I R.
. I
20, Sale 01 Note; Clulllge of LO;'111 Ser\'icl'r; NOlin- of Gric\"ance. The Note or n partial inlt.'1'6t in lhe NOte
(togt:ther with this Security lnSllltlllcnt) eGn be sold ol~e or more limes without prior notice to BorrO\ver. A sale might
resuh in a change in the cntity (known as the: "LO~l1lISer\'lcer") that collecl~ Periodic Payments due under lht.: Note
and this Security lJ1st~LLmen[ and performs othe~' lllopgage loan servicing obligations under t~e Note, this Security
Instrument, and Applicable Law. There also mIght be one or more changes of the Loan Servlcer unrdated 10 a sale
ol"the Note. [fthen~ is a change orthe Lonn servi~er.1 Borrower will be g!ven \vriuen notice of the change which will
state the name and address of the new Loan Servlcer, the address to whIch paYl1lelllS shuuld be Illadeand any other
infornulIion RESPA requires in connection with a n6!ice oftrnnsfer ofservicil1!:!. [fthe Note is sold and thereafter
the Loan is serviced by a Lo.:tn Servicer other thal1th~ purchaser orthe Nme, the-mortgage luan servicing ubligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and an: not assumed
by the Note purchaser unless otherwise provided bylthe NOLe purchaser.
.. Neither Borro\l;er ~or Lender 1ll3): cOI~1I11ence, join, or bt.: join~cl to any judicial a~tion (a~ either an individual
iltlgam or the member 01 a class) that arises 1J"{?1ll the other party's actlons pursuant to thIS Secum)' Instrument or that
alleges that the other party has brenched nny provisi6n or, or ony dUlY owed by reason of. l\li.s Security Instrument,
until slich Borrower or Lender has notified the olher rillrty (with such notice given in compliance with the requiremellls
of Section 15) of sllch nlleged breach and n rforded tl~e other pany hereto II reasonable period after the giVing: of sllch
notice to take cOITective action. H Applicable Law!rroyides a lime peril)d which must elapse before certain action
cnn be taken. thm time period \vill be deemed to jbe l'easollDble for purposes of this pal'Ugraph. The notice of
nccelemlioll and opportunity 1O cure given to Borrower pursuant to Section 22 and the notice of acceleration given
to Borrower pursuanl to Section I X shall be deernea to satisfy the notice and opportunity to take corrective nctiOIl
provisions or this Section 20. I
21. Huzardous Substances. As used ill lhis Seclion 21: (,,) "Hn~ardous Subswnccs" are those subswnces
I
delined as toxic or hazardous SubsLOllces. polluLOnts~ or wastes bv En\'ironmental Law and the followill!! substances:
gasoline, kerosene. other nammable or ~oxic petrOI~L1111 prodtlct~, toxic pesticides and herbicides, vola~ile solvents,
materials containing asbestos or formaldehyde, ::\11(\ radioactive materials: (b) "Environmental Law" menns l'ederal
laws ami laws of the jurisdiction where the Proper I)' \s located that relate to health, safety or environmental protection:
(c) "Environmental Cleanup" includes anv respohse action, remedial action. or removal action, as defined in
Environmental Law; and (d) an "El1viroll1~ental GOlldition" means a condition that can cause. contribute to, or
otherwise trigger Oil Environmental Cl.eanllp. I. . .
Borrower shall not cause or pertlllt the presence, lise, dIsposal. stOrage, or rekase 01 any Ha~ardollS Substances,
or threnten to release any Hazardoll~ Substallces, onlor in the Property. Borrower shnll not do, nor olio\\' llllyone else
to d~, anything ~jTec:i~g the Proper~y (a) that islin violation of any Ellvironl~lental Law, (~) which creates an
EnvtroIlmental COlldltlon. or tc) wlm:h. due to lhe pro::so::nce. LIse. or release oj a H,nardolls Substallce. crentes a
condition that adversely arfects the vnlue of the Property. The rreceding lWO senlences shall nm ap.ply lO the
presence, lIse. or stQrnge on the Property of small quantities of Hazardous Substances that are generally recognized
to be arpropriate to normal residential lL'leS and lito maimenance of Ihe Property (including. but not limited to.
hazardous substances in consumer products).
BorroWC:f shall promptly give Lender writlc:n' notice or (3) nny investigation, claim. demand. lawsuil or other
action by any governmental or regulatory agency orjrril/3te rilny involving the Properly and any Hazardous Substance
or Environmental Law of\vhich BorrO\ver has aCltl:."l1 knO\vledge, (b) any Environmentlll Condition, including but not
limited to, any srilling, leaking, disclmrge. reledse or tbre::ll or release of nny Haz.udoll::; Substance, and (c) any
condition caused by the presence, use or release olf a Hazardous Substance wh,ich adversely alTecL" the value or the
Property. If Borrower learns. or is notified by an~' government31 or regulatory authority, or any private party, that
any removal or other remediation of nny Hazardous Subsl.1nce affecting the Property is necesSllry. Borrower shall
promptly take all necessary remedial actions in acc6rdance with Environmental Law. Nothing herein shall create any
obligation on Lender for an Environmental ClennJp.
OREGON--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS
Form30381/01 (page110f14
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Date Rer.AivAd:
DocMsglc ~
www.docmagic.com
SEP -: 9 2011
Original Submittal.
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NON-UNIFORM COVENANTS. BorrO\ver flnd Lender fllrlhel' COVcll;llll and Huret: a~ follo\\'s:
22. Acceleration: Remedies. Lender shrill !gin lIotice to Borrower prior [(; acceleration following.
Borruwc,"'S brcm:h of all" cuvenant UI' l.lnreCIIH.'\I( in this Sccuritv Instrument (hut not priur to aCtdcratioll under
. n I .
Section 18 lwless Applicable Law provides utherwise). The nulin' shall spcl.:ify: (a) the default; (b) the action
required to CUfe the default; (c) :t dall'~ not less chain 30 days from tht: date lhe notice is given to Borrower, by
which the default must be cured; and (d) that failJre to CUfe the ddault on or befure the dale spel'ilied in till'
notice may result in acceleration of the sums securJd hv this Security Instrument and sale of the Properr\'. The
nolice shall further inform Borrower of the right tlu r~instate after .~H:celeratiun and th~ rioht tu brinn ~ court
action to assert the non-existence of a default or anfy other defense of Borrower to accelt:ra~ion and sak. If the
default is not cured on or before the dati..' speeit1erl in the notice. Lcnder at its option may require immedialc
payment in full of all sums secured hy this Securi~Y Instrument without further demand and may invoke the
pO~Yer of sale and any other remedi~s permiued!bY Applkable L<lw. Lender shall he entitled .to collect all
expenses incurred in pursuing the remedies provided in this Section 22. including. but not limited to, reasonable
flttorn~ys' fees ~nd costs of title CYiu,cnce. I . .
II Lender lIlvokes the power of sule. Lender shall execute or C,lUse Trustee to execute a written notice of
the occurrence of an event of default and of Lend~r's election to cause the Property to he sold and shall c:Juse
such notice to be recorded in e<lCh county in whichlan~' purt of the Property is located. Lender or Trustee shall
give notice of sale in the manner prescrilH:,d uy Applicuhle Law to Borrower aml 10 other persons prescribed
by Applicahle Law. After the time required by Applicahle Law, Trustee. ,,'ithout demand all Borrower, shall
sell the Property at public mlctiun to the highest lJiddH at the time and pl:Ji.."e and under the terms designated
in the notice of sale in one or llIore parcels Hud il~ any ordn Trustee determines. Trustee may postpone sule
of all or uny parcel of the Property by public ann?UIlCCmenl ut the time and pl::ace of nny previously schedult'd
sale. Lender or its dcsinnee may purchase the Propert\. at an\' sale.
~. t"
Trustee shall deliver to the purchaser Trusree's deed cOll\'eying the Property without nny co\'enant or
\\'arrant)', expressed or implied. The recitals in the Trustee's deed sh:J11 he prima f:.leie evidence of the truth
of the statements made therein. Trustee shall ap~IY the proceeds of the sale in the folluwing order: (n) to all
expenses of the sale. including, hut lIot limited tlo. reasonable Trustee's and attorneys' fees; (b) tu all sums
secured bv this Security Instrument: .Hld (c) any ~xcess to the person or persons legrdlY entitled to it.
.' -I -
23. Reconveyance. Upon pnymltlll or all sums'secured by this Security Instrument, Lender shull request Trustee
lo reconvey the Property and shall surrender lhis Sfcurity Instrument flnd all notes evidencing debt secured by this
Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally
emilled to it. Such person or persons shall ray anylrecord;;llion costs. Lender may charge such person or persons a
fee for reconveying the Propeny. but only iJ'the feelis paid lO a third party (such as the Truslee) for servicesretlCkred
and lhe charging of lhe fee is permitted under Applicable Lu\\'.
24. Substitute Trustee. Lender may rromli~le to time remove Trustee and appoinl a successor trustee 10 [my
Trustee appointed hereunder. Wilhollt conveyance 'of lhe Property, the successor trustee shall succeed 10 all the title.
power and duties conferred upon Trustee herein an1d by Applicable Ln\\'.
25. Attorneys' Fees. As used in this Securit1v Instrumenl and in the Note. attorneys' fees shall indude those
awarded by an appelbte court. r
26. Protective AdVances, This SeCurilY lnstrument secures any <ldvances Leilder. at its discretion. may make
under Section 9 of this Security Instrument to" prot;;:b Lender' s intere~t in the Property and rights under this S~curity
Instrument. I
27. Required Evidence of Property lnsurance.
WARNING
Unless YOll provide us with evidence of the insurance coverage <IS required by our contract or lonn
agreemenl. we m..\y purdmse insurance at Y9ur expel:se to protecl our interest. This insurance may, but
need nol. also protect yom interest. I r the collmernl becomes damaged. the coverag.e we purchase may nOl
pay any claim you make or any claim made against you. You may later cancel this coverage by providing
evidence that YOLl have obtained propert)' corerage elsewhere.
I
OREGON-Single Family--Fannie Mae/Freddie Mac UNIFORtv1INSTRUMENT - MERS
Form30381/01 ~ Page 12 of 14
Date Received:
--. - D4FN@glc ~
SEP --9...wUocmag;c_com
Original Submittal__..____
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You are re~ponsible for the I.'ost OrallY insur nee pUlTba:;;ed by us: The cost oflhi:; insurance may be
mid~d 10 YOllr contract or loan balance. I r the CO:5t is i.ldclc:d to yuur contnlCl or \0811 balance, the il1lerest
rate olllhe underlying COl1lract or loan will appl1y to Ihis added 8JllOlllll. The effective date of coverage
may be the dale your prior covernge J(lpse~ or l\lC date yOll rail~d to provide proof of co\'erag~.
The coverage \ve put"chase may be consIderably more expensive than ll1sur:lnce you can obtam on your
own and lllay not satisfy any need for propal} dall10lge covernge or any llwlldnlory liability insurance
requirements imposed by Applicable.Law.
BY SIGNING BELOW. Borrower accepts and agrees to the terms and CQvenal1ls contained in this Securily
Instrumenl and in any Rider executed by Borro\'.'c:r and recorded with it.
L: J! dAJ----
ERIC N. ESTLUND
(Se,l)
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.80l.rower
v .
.--7.-L------/Yt do G
KAREN M.ESTLUND
(So,l)
- Borrower
(Se,l)
-Borrov...dr
(Seal)
- Borrower
(Seal)
-Borrowbr
(So,l)
-Borrower
\Vimess:
Witness:
Date Received:
SEP -19.2011
. ,
. Original submittal
OREGON--Singte Family,-Fannie Mae/Freddie fvlacUNIFORM INST~UM5\JT - MERS DocM8glc~
Form 3038 1/01 Page 13 0114 www.docmagic.com
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[Space Below This Line For Acknowledgment]
This in>trlll1lent was acknowled"cd belore me on ~~tc~-r
by ERIC N, ESTLUND l>.ND- KAREN M, IESTLUN~
I
I
State or
OREGON
~a~
County or
r;~~:"_i\~--~ OFfICi~~.?~L. Y
~ ,':'!;,:i5. .~~~ <:!.:r:~'ft DA'J'.'!\: HULSE
~ \;?>>i1Y~:I" .... ~ .~\l,\~~ \ }-(Y PUSUC _ OREGON
r. '.. '("'" . l< .. ." ~444G2
t \-'2j~{/ cu~.;~/;\SS;ON I~O., y
~ . ,,'v' r.t:~;~'!!';S\Oi'l E!,P\;-~ES DEC. 22,2013
i i'1;1 v",.".,,~ '
':,.....
(Seal)
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o
201 (
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e of notariJI officer
HERYL HULSEY
Tille
My cOOllllis:;ion e.\pir~s:
12h/Yj~/0
OREGON uSing Ie FamilyuFannie Mae/Freddie Mac UNIFOR~ INSTRUMENT - MERS
Form 30381/01 Page 14 of 14
DocMli91c~
ww.w. docmagic. com
Date Received:
SEP -9 2011
Or/ginal Submittal