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Application APPLICANT 10/20/2010 (2)
r, City of Springfield SPRINGFIELD Development Services Department 225 Fifth Street Springfield, OR 97477 Minimum Development Standards ictint6ln'a' ion,----'--1 (AjJ -,,co plete this section) A licant Name: /�� SI '� 46' Id Phone: ZOb ' 6)L3' yz93 Com an : Al W C I> A/ Cor `L// Fax: Address: 275& /11,5 y5 S71 5-4c O -Se4 t wA q 8 0 °S A licant's Re .: T . ��h`►�✓� 51 Phone: '5 )7 'y307 Company: ol,v( Fax: Address: 3 ! 5 I✓� J7,�$ Drri On `�� yo`� Property Owner: r IS�1M A 5 • Phone: 2-06-613— ii�-l3 Company: N•W. �aUl�or ) Fax: Address: 2�g6 N•� / 7�� f7• St71 �1.6 /0y ' #14 Wh q9105 ASSESSOR'S MAP NO: (-7'p3" zz �ZD TAX LOT NOS ?--0c> I £ 21 O � Property Address: 3X-7D C '3 66 Size of Property: 3 3 37 £I /5, 936 Acres ❑ Square Feet Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Sec HCl g ri7Q�iv""& On S, �IarL Existin Use: I Si natures: Please si n and rint our name and date in thea ro riate box on the next a e. LU . . Associated Cases: Case No.: j2I i0 Date: bh�VI<D Reviewed b Application Fee: ,Z(q Technical F... ' 3c Posta a Fee: $O TOTAL FEES: 0 = NUMBER: .r .,-,. .. -u= :.s.»r .+..: ,'.:a' :.. :.rw_,,,r. ':r ;a. a - ..a- ri •r �� Date Received: OCT 2 0 2010 Original Submittal Revised 1/1/08 Molly Markarian 1 of 6 Oct 18 10 01:11P p.1 • Signatures the undersigned acknowle es t the infor ation in this application is correct and accurate. Applicant: S gnature Z Print J if the applicant Is not the owner th ner heieby grants permission for the applicant to act in his/her behalf. owner:��^� Date: ignature m4v �� Print I I certify that I prepared the attached plot plan and that it contains the information specified in the submittal requirements checklist. I certify that the plot plan is accurate based upon field locates and the best available information. I enderstand that City staff will rely upon the plot plan in making any decisions regarding the Minim oevelopment Standards application. I accept full responsibility and liability in the event that there a any missions, mistakes,or inaccuracies in the plot plan. Plot Plan Preparation: 2-0 0 Date: 10- P{ot PI n Prepa''rrner Signature �Aln.� yy► e�� T-1 Y` Print Date Received: OCT 2 0 2010 Original Submittal _ Revised 1/L/08 Molly Markarlan 2 of 6 Minimum Development Standards Application Process As stated in SDC 5.15-100, the minimum develop I ent standards (MDS) process is intended to support economic development by minimizing City review for minor additions, expansions, or changes in use as specified in SDC 5.15-100. MDS ensures that such development, however, complies with specific appearance, transportation, safety and efficiency, andistormwater management standards specified in the SDC and otherwise protects the public health, safety and welfare. 1. Applicant Submits a Minimum Develop I ent'Standards Application to the Development Services Department • The application must conform to the Minimum Development Standards Submittal Requirements Checklist on pages 4-5 of this application packet. • Planning Division staff screen the submittal at the front counter to determine whether all required items listed in[ the Minimum Development Standards Submittal Requirements Checklist have been! submitted. • Applications missing required item's will not be accepted for submittal. 2. City Staff Conduct Detailed Completenel s Check • Planning Division staff conducts a detailed completeness check within 30 days of submittal. • The assigned Planner notifies the applicant in writing regarding the completeness of the application. • An application is not be deemed technically complete until all information necessary to evaluate the proposed development, its impacts, and its compliance with the provisions of the Springfield Development Code and other applicable codes and statutes have been provided. • Incomplete applications, as well as insufficient or unclear data, will delay the application review process and may result in denial. 3. City Staff Review the Application and issue a Decision I • This is a Type I decision and thus is made without public notice and without a public hearing since there are clear and objective approval criteria and/or development standards that do not require the i use of discretion. • Decisions address all the applicable approval criteria and/or development standards. • Applications may be approved, approved with conditions, or denied. I • The City mails the applicant and any party of standing a copy of the decision, which is effective on the day it is mailed! • The decision issued is the final decision of the City and may not be appealed. Date Received: OCT 2 0 2010 Original Submittal_ Revised 1/1/08 Molly Markarian 3 of 6 S' Minimum Development Standards Submittal Requirements Checklist NOTE: If you feel an item does not apply, please state the reason why and attach the explanation to this form. ❑ Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development Services Department. Any applicable application, technology, and postage fees are collected at the pre-submittal and submittal stages. ❑ Minimum Development Standards Application Form ❑ Copy of the Deed ❑ Copy of a Preliminary Title Report issued within the past 30 days documenting ownership and listing all encumbrances N/A ❑ Right-of-Way Approach Permit Application provided where the property has frontage on an Oregon Department of Transportation (ODOT) facility. Detailed Written Explanation of thei Proposal to Include: 011 � �' ® Project name Set M� 'ifvL o1 5' Size and location of property N1 Zoning and plan designation of the site and adjacent properties Q Proposed use of the development area and scope of proposed development © Access N�A ❑ Proposed off-site improvements (i.e. installation of sidewalks, fire hydrants, sewer main, etc.) 0 Current use of the site and any existing improvements F1�A ❑ Special site features (i.e. wetlands, watercourses, steep slopes, etc.); a general statement addressing soil type and drainage conditions ,Nll ❑ Estimated quantities and type of ma lerials involved if any fill or excavation is proposed A11A El Number, type, and size of any trees Ito be removed /v/AL1 Explanation of any land to be dedicated to the City R Proposed modifications being requested © Additional planning applications required for proposed project ? ❑ Justification for proposed MDS excepitions ��? ❑ Time line extensions being requested Ivl 1 Five (5) Copies of a Plot Plan Including the Following Information: P-41 Proposed buildings and/or additions: location, dimensions, size (gross floor area), setbacks from property lines, distance between buildings, and height [ -The scale appropriate to the area involved and sufficient to show detail of the plan and related data, such as 1" = 30', 1" = 50' or 1" = 100' Lel ♦North arrow Date Received: [R Date of preparation ❑ All existing and proposed easements OCT 2 0 2010 Revised 1/1/08 Molly Markarian 4 of 6 Original Submittal © Location of proposed or existing fences, outdoor equipment, storage, trash receptacles, and signs ® Location, dimensions and number of typical, compact and disabled parking spaces; including aisles, landscaped areas, wheel bumpers, directional signs and striping ® On-site loading areas and vehicular and pedestrian circulation Access to streets, alleys and properties to be served, including the location and dimensions of existing and proposed curb cuts and curb cuts proposed to be closed NSA 0 Location of street lighting ® Location, type and number of bicycle parking spaces © Existing and proposed landscaping ® Connections to public utilities ,M Copy of the Plot Plan reduced to 81/2" by 11" when full-sized plans are submitted above i Date Received: OCT 20 2010 Original Submittal__ Revised 1/1/08 Molly Markarian 5 of 6 N � N' C Tox l aF # xx� _- _FLO ?I—5L2_. Srs 1e 1° til � 3 Rr,�s�.l .j(,�aC nd�-tion 0 a v L'o, Co ffr T bu;Wcas C,,dtfaps,=a5%y E�xamp/tcj of ' _�IIi.'Y�•=ne �n,em 4l G �-Wa ,I�W1C5� MAIN STA.>=ET QuK.f �{t�dt1 :Tom- S Sid�wc.1K - ' . � � _ ._..._ �'�* ' • '�� � -`�° � �°O rub �c uS 00 /.• jam" O. .. ., s` LJ o 3 v310 Sc c, o© Eciat ©w�A"w 'a o di 10 CL i aha ...;'.s:•s. o (J0 Jo 000 Oo ( o0G 9 i �ftd4 A. T �_ Gl` drub ''�_"�. '<shtuxx-lam a�o ¢ rrg'-•�t - �- i E -etoss WU1Nl v Cort,,ln,ctiost .I�::: O z y aatfa:.i tvc '� �tn•�cd�•.s%^�vb5ct+ri��9r+cG ( - (!6 "tel .. r'• SPRINGFIELD CITY OF SPRINGFIELD 225 F'rfth Sl „;� % TRANSACTION RECEIPT Springfield,OR97477 ` O Rf GON 541-726-3753 3266 GATEWAY ST w ,ci.springfield.ocus permitcenter@ci.springfield.ocus RECEIPTNO: 374662 RECORD NO:TYP 110-00008 DATE: 10/20/2010 DESCRIPTION.. "' ACCOUNT CODE . AMOUNT DUE_ 5%Technology Fee ✓ _100-00000-425605 $36.30 Minimum Development Standards-City 100-00000-425002 _ _ _ $726.00 TOTAL DUE: $762.30 � PAYMENT TYPE'' , PAYOR " Qls' EJR- oNes "_e_ .___.. __ . ,-GOMMEN,T,S� :1,. _-. _AMOUNT BAID _.�_ Check _Springfield V, LLC 2756 NE 45th St. STE. 104 $762.30 1119 Seattle,WA 98105 $762.30 ®ate Received: OCT 20 2010 Original Ubmittal4z—�, THESE(5)ADDITION PAWMB SPACES ARE PART OF AN 0 4 EAWEW ACMMT, SEE ATTACHED DOO)WAIM o N MO C"ilel®iol�i�l =ielel�i®I®I® - - - - - - - - - - - - 8O'ft.. PRIVATE ACCESS DRIVE WAY— - 1 un. as n dgrc Y `l .. �—�— ✓ � ,�/ � 4 - r Y K Y l•� � T \ !i-(lil 58944570° E 22020' W 9 \ \ \ \ \ e a o 0 0 © o o a€VAY I a x �® aEaaY �$s m : � d tLq T z+ � � io 18� I _ a Z ANLa i W 6 @ CD dD � ay0 � w�9 1 CCZYY M WAY ==00- of ay 1m. t 8 89449'20° E 220ID0' .. 8 89449'20° E 1139ID` - nl Fidelity National (Title Company of Oregon Transmittal Sheet DATE: OCTOBER 20, 2010 TO: NW Capital Corp. 2756 NE 45`h Street Seattle WA 98105 FROM: PATTY SMITH RE: LIEN REPORT ORDER NO.:4610018086 Message Note: Please send any documents for recording to the following address: Fidelity National Title Company Attention: Recording Department 800 Willamette St., Ste. 500 Eugene, OR. 97401 Please find attached the Lien and Encumbrance, regarding the above entitled matter. If you should have any questions, please feel free to call me at 503-315-2000. Thank you for your business! PARK 5 BUSINESS CENTER• 200 HAWTHORNE AVENUE, SUITE A-100 • SALEM, OR 97301 (866)923-7757 • FAX (503)315-2012 Date Received: OCT 2 0 20100� Original Submiltal_dz __ nm Fidelity National Title Company of Oregon LIEN AND ENCUMBRANCE REPORT Date: October 20, 2010 Order No.: 4610018086 Charge: $85.00 Effective Date: October 18, 2010 Owner: Springfield V, LLC, a Washington Limited Liability Co. As disclosed by: WARRANTY DEED, recorded October 8, 1999 Reception No. 99085727 (a) Legal Description: PARCEL I: Beginning at a Point 220.00 feet North 890 40' 20" East of the Southeast corner of the A. C. Stevens Donation Land Claim No. 45, Township 17 South, Range 3 West of the Willamette Meridian; and run thence North 01041 West 151.95 feet; thence North 89145' 20" East 95.80 feet; thence South 0° 04' East 73.85 feet; thence North 89149' 20" East 18.00 feet; thence South 00 04' East 78.06 feet; thence South 890 49' 20" West 113.80 feet to the Point of Beginning, in Lane County, Oregon. PARCEL II: A parcel of land lying in the Northwest quarter of Section 22, Township 17 South, Range 3 West of the Willamette Meridian, more particularly described as follows: Beginning at the Southeast corner of the A.C. Stevens Donation Land Claim No. 45, Township 17 South,Range 3 West of the Willamette Meridian; and run thence North 0104' West, along the East line thereof, 151.69 feet; thence North 891 45' 20" East 220.00 feet; thence South 0° 04' East 151.95 feet; thence South 89°49' 20" West 220.00 feet to the Pont of Beginning, in Lane County, Oregon. (b) Address: 3266 and 3270 Gateway St Springfield, Oregon 97477 Date Received: OCT 2 0 2010 Original Submittal Page No. 2 Lien &Encumbrance Report Order No. 4610018086 (c) Monetary liens affecting the Premises as of the effective date herein: I. A deed of trust to secure an indebtedness in the amount shown below, Amount: $1,250,000.00 Dated: June 25, 2009 Trustor/Grantor: Springfield V, LLC, a Washington Limited Liability Co. Trustee: Western Title and Escrow Company Beneficiary: Foundation Bank Recording Date: June 30, 2009 Recording No: 2009-036457 2. An assignment of all moneys due, or to become due as rental or otherwise from said Land, to secure payment of an indebtedness, shown below and upon the terms and conditions therein Amount: $1,250,000.00 Assigned to: Foundation Bank Assigned By: Springfield V, LLC, a Washington Limited Liability Co. Recording Date: June 30, 2009 Recording No: 2009-036458 Date Received: OCT 2 0 2010 Original Submittal Page No. 3 Lien&Encumbrance Report Order No. 4610018086 NOTE A: 2010-2011 TAXES AMOUNT: $8,939.83 DUE MAP NO. :17-03-22-20-02001 ACCOUNT :1441813 CODE :01900 NOTE B: 2010-2011 TAXES AMOUNT: $10,631.42 DUE MAP NO. :17-03-22-20-02102 ACCOUNT :1226511 CODE :01900 NOTE C: 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 I 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. NOTE D: We find no judgmel is or tax liens on Springfield V, LLC THIS IS NOT A TITLE REPORT: This is an informational report only. It is not title insurance nor a guarantee. This service does not include supplemental reports or any other information. Liability is limited to the amount paid for this report. Thank you for doing business with FIDELITY NATIONAL TITLE INSURANCE COMPANY OF OREGON. If you have any questions, please feel free to contact our office at (503) 315-2000. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF OREGON Patty Smith DateReceived-Title Officer OCT 2 0 2010 Original Submittal Dootlment 1 of 1 • = Order: F4610-18086 = • Page 1 of 2 10 - 8 - 99 2597 I INDIVIDUAL WARRANTY DEED NPT 151283 10-51353 I4� TAX ACCT. NO. -441B13 1_226511 99085727 KAP NO. 13 03 22 20 2001 13 03 22 2D 2102 TROY A. PINFROCK, Grantor, conveys and warrants to / A WASHING70N LIMITED LIABILITY CO. SPRINGFIELD V, LLC, Grantee, the following descibed real property situated in LANE County, OR, free of encumbrances except as specifically sec forth herein,) to-vdr SEE EXHIBIT A WHICH IS MADE A PART HEREOF BY THIS REFEREVCS This conveyance is subject to and excepts: RIGHTS OF THE PUBLIC IN STREETS. ROADS AND HIGHWAYS, iCOVENANTS. CCNDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD AND 1999-2000 REAL PROPERTY TAXES. A HIEN NOT YET PAYABLE. v_ae_DLT.OS'S9HD3kEL .E:.:I' cae70CT.08299#01FFL1yi 1L.W 9i,6_Z0CT.08'99N0IANr Fit:?5 CO.fJ The true consideration for this conveyance is t $820,000.00. 'Consideration is tO 8 qualified intermediary pursuant to an IRC 1031 Exchange.' THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN TRIS INSTRUNJENT IN VIOLATION DP APPLICABLE LAND USE LANE AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHEM.WITH THE APPROPRIATE CITY OR COUNTY PLANNINfJ DEPARTMENT TO VIRIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORE 30.930. DATT 10/04/1999 1 OY . ? NFROCK STATE CF Grego so. County oC Lane , n -his Sastxjmcnt was acknowledged before me on /Oi /e 19 by Troy A. Finfroek 1 c- I "Cr�,C.el BE4L vbtaryfpAric of OrennoIE'fEgcY JFISEOgEGB EDIMY MIEIG. ON :4y commi ion expires: CONN66oJN D13240]� �1WWD39Dtl ENYDSJAE aiWf Until a charge is requested, all tax statements steal: be sent to the following address: 1420 PIFTH AVE., STE 2200, SEATTLE, WA 98101 A`-ter recording return to: 'Westerr. Pioneer Title Co., P. O. Box 10146, Eugene, OR 934.0 Date Received: OCT 2 0 2010 Original Submittal__ Anthony Smith Print Job Page 1 10/20/2010 Document 1 of 1 = Order: F4610-18086 = • Page 2 0£ 2 10 - 8 - 98 2597 . 99085727 EXHIBIT "A" PARCEL :. A parcel of land lying in the Northwest gparcer of Se^t'_on 22, Townsh.^ 17 South, Range 3 West of the Willamette Meridian, being described as fo:daa: Beginning at the Southeast corner of the A. C. Stevens Donation Land Clain No. 45, in Township 17 South, Range 3 West of the Willamette Meridian; and run thence North 0- C4' West along the East line thereof,) 15_.69 feet; thence North 89- 45' 20" East. 220.00 feet; thence South 00 04' East, -51.95 feet; thence South 89- 49' 20- Nest, 220.00 feet to the Point of Beginning, in :ane County, Oregon. PARCEL II: Beginning at a point 220.00 feet North 89- 40' 20" East of the Southeast corner of the A. C. Stevens Donation Land Claim No. L5. :owrahip 17 SoatF., 'Range 3,West, Willamette Meridian; and run thence North 0- 04' West 15:.95 feet; thence North 891 45' 20- East 95.80 feet; :hence SCUtb 0- 04' E. U.89 feet; thence North 89" 49' 20- East 18.00 feet; :hence South 3. 04' East 18.05 feet; thence South 89- 49' 201 West 113.80 feet to the Poirt of Beginnirg, in Lane County, Oregon. PARCEL Itl: A nen-exclusive easement for pedestrian and yehicclar access as set fort., '_r. instrument recorded July 1, 1989, Reception Vo. 89-29548, and corrected by instrument recorded Cecsmher 20, 1994, Recepticn K..194-867C2. Official Records of Lane County. Oregon, over the following described property: Beginnirg at a point on the west line of the William)Stevens Oonacion Land Claim No. 46, Township 17 South, Range 3 West of the Willamette Meridian, 1498.38 feet South 0. 04' East from the Northwest corner of said Clain No. 46; thence South 0- 04' East 60.00 feet along said West line; :hence North 89. 49' 30- East 415.70 feet to the Westerly right of way line of Gateway Street as said street is described by instrument recorded July 16, 1969, Reception Eo, 73410. Official Records of Lane County, Oregon; thence along the Y.esterly right of way line of said Gateway Street, North 0. 04' Nest 6D.00 feet to a point which bears North 89. 45. 20• East from the Point of 5e ginning; ttence South 89- 45. 20- Welt 415.70 feet to the Point of Beginning, in Lane County, Oregon. State Of Oregon County of Lans 1,tM Cwu,oek.n ud Iw iM sa;d C.1y a Nnb,c.W,mal dw ,mwn.nt wm pec Md I.,.,d n "Mfl Err 2:31 Rxl 2597R Lane Cwmy OFFICIAL Records Isnm Ca.sy CW,k Cwniy Clad Date Received: OCT 2 0 2010 Original Submittal Anthony Smith Print Job Page 2 10/20/2010 e t �'� r • Ra 17W6.23 AC. 31110AC. �,a' e0 A . �� ,..tom 1"��>x 11,011 AC A►t�nv atm• a+A ewl 1 S.E. ,COR. ia� O 2200 A STEVENS 21 2102 2101. ; Vg i (A. LANDESS 50.77 AC. _ roarererfD.L G. 45 aw f � r fi• 2404 1� •. 2409 Imo— — — —�� �0 1:14 AC. • A, !J.• � w1 c __ . fi• 2403 i t 2402 " 2414 es •' r , s F 0.63 AC. 2410 �•b 2408 fI G�. `Asw 0.64 x - 2411 1 ` : 2400 g b A— A. Sit i 80.63 AC.� •ONNAWW 43ew + +4• ,6•i feet K>/Y ,� �, y T uw +<•rri sr' st�-wt:r••,!- •3i" 2501 y gra + !, I.� nr , x /�4-,. i.45 AC 'C• r1rRt ,A/y 2 2808 2804 2686 f; 2700 �/' "• Z'b� ��• +{•►✓ PGE 1 43 AC. Iswr rr• 610 2 ? A A �. • ey.. 2502 0.66 ASE.L. 2883 "I•»ve, ; .QQ AC. wt e' d 2607 r A«H eels 2602 r srsJ•xlv... 2605010 300 ;! LOT 3100 •�i•`5, 3200 r 4l+Y �+p,lr eor'A \ b W •ATC 3 ► THIS MAP IS FURNISHED AS A CONVENIENCE BY MID-WILLAMETTE VALLEY'ftttE CJUF IVQ & This sketch is made solely for the purpose of assisting in locating said premises an¢il+r Q 'O—t-r the corpany assumes no liability for variations,if any,in dimensions and location ascertained by`3Etdat ury MAP#17 03 22 20 02102 000 Original Submittal I i FOR ASSESSMENT */4 SEC.22• T.17So . R.3 W.W.M. • Y AND TAXATION 17 03 22 2LANE COuy17� ONLY - oap 16i bel/ ADD "^ NA� /91 i \ ply e F'{ aer SCALE 1. O k y aw• I .SEE urn n m to 00 00 4-78 019jos e e ;" .,.. - wx_ —a--------------- '/+mc 1rirW<um p� aav u»o-e-o-uo-eted I �araae ba.na-�• .1' wo—..`o4wj""°s'g'ees.wywo-e iw L Se I v �•� 3� �,. ISm,• asl R .+�.>,. S aM q h! vena oil Sa1E JkI a�y�� •2: . ', / k Iwo vv. I 'a` ' DEYAIL lav —' ll�l4-23 m �.\ ND 11?4 �••.4� a�ic t '� 004-00 �... c � \jM , a 0119-00 ~ I �y ywr.aqe• I V i�anK. ItI 11N ;i 7 �^ II. 2413 QQ n I2_ 2400 eau OV u�� Z .j xaw e ^5 o I �. yr I . I, nee yr,�•sr• G taw ._� .^..M. xeea I zaw w r"Lorrea oe 1 4: p4• oi' I .y1 i ".«"^�^ YIP Irili-Ex-1.] I ^ Lor �e h-- -- ---- o100 moo W.. I — +----- i — -----T------ pp ....a-aa.pa 17 03 22 2 004-23 . 1 SQ MAP DO - Date Received: OCT 2 0 2010 Original Submittal I FGR 'ASS-SSMENTIt7 03 22 2 C TAXA ON 1�1 j4 SEC.L AP N0. 1 R.3 W.W.M. AN _ DETAIL MAP NDETAIL MAP NO. t ONLY LANE COUNTY scut r - lab NAD 27 =w17w=2 tNlNFD MW r� n Ri i va.s � iaavc'nB.E ' l0 4a 4b 1Y5 a 31R 40u0"v�� 100 I 17 03 22 2 °t E14 DETAIL MAP NO. 1 ®ate Received: i OCT 2 0 2010 tt,.00 Original Submittal—zv Document 1 of 2 p/��-• = Order: F4610-18086 = • Page 1 of 1 j1�1—I ICJ RECORDATION REQUESTED BY: --" --� Mal.office FOUNDATION BANKDivision LLuroCpmty �Dadief NtY k aa andRecordsllpll 200 -096 .. Bel4vue W AvmuaeNE.Swte200 IIIIiIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIIIIIA $41 00 FOUNDWHEN RECORDED MAIL TO: 810811552009003645800180/8 11101ATh AwmK 06/30/2009 11:44:29 W1 ilia 112111 Avenue NE,Suter 20a RPR-RSM Cnt_ll Sti CASNIER 02 Bellevue,WA 9x00{ [,iter Recording-Return To: 920.00 $10.00 $11.00 WesternTitle&Escrow Company 497 Oalwey Rd Suite 340,Eugwl08 97401 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated June 25, 2009, Is made and eecufetl between SPRINGFIELD V, LLC, a Washington Limited Liability Company, who acquired file as SPRINGFIELD V, LLC, a Washington Limited Liability Co. whose address Is 2756 NE 45th Sleet Suite #104, Seattle, WA 98105 (referred to below as "Grantor")and FOUNDATION BANK,whose address is 1110-112th Avenue NE,Suite 200,Bellevue,WA 98004 (referred to below as"Lender"). ASSIGNMENT. For valuable consideration,Grantor hereby assign&9 ards a contimning Security Interest In, and conveys to Lender all of Grantor's right, tile, and interest in and to the Rents from the following described Property located in Lane Courtly,State of Oregon: PARCELI: A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 17 SOUTH,RANGE 3 WEST OF THE WILLAMETTE MERIDIAN,BEING DESCRIBED AS FOLLOWS: I BEGINNING AT THE SOUTHEAST CORNER OF THE A. C. STEVENS DONATION LAND CLAIM NO. 45, IN TOWNSHIP 17 SOUTH,RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; AND RUN THENCE NORTH 0a 04' WEST ALONG THE EAST LINE THEREOF, 151.69 FEET; THENCE NORTH 89- 45' 20" EAST 220.00 FEET; THENCE SOUTH 0°04'FAST 151.95 FEET;THENCE SOUTH 89"49'20" WEST 220.00 FEET TO THE POINT OF BEGINNING,IN LANE COUNTY,OREGON. PARCEL II: BEGINNING AT A POINT 220.00 FEET NORTH 89"40'20" EAST OF THE SOUTHEAST CORNER OF THE A.C. STEVENS DONATION LAND CLAIM NO. 45, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN; AND RUN THENCE NORTH Oa 04' WEST 151.95 FEET; THENCE NORTH 89- 45' 20" FAST 95.80 FEET; THENCE SOUTH OR 04' EAST 73.89 FEET; THENCE NORTH 89- 49' 20" FAST 18.00 FEET; THENCE SOUTH Oa 04' EAST 78.06 FEET; THENCE SOUTH 89" 49' 20" WEST 113.80 FEET TO THE POINT OF BEGINNING,IN LANE COUNTY,OREGON. The Property or is address Is commonly known as 3266 and 3270 Gateway Street Springfield,OR 97477. The Property tax Identification number is 1226511,Code 01900 and 1441813,Code 01900. THIS ASSIGNMENT IS GIVEN TO SECURE (I)PAYMENT OF THE INDEBTEDNESS AND (2)PERFORMANCE OF ANY AND ALL OBLIGATIONS OF BORROWER AND GRANTOR UNDER THE NOTE,THIS ASSIGNMENT,AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERNS: GRANTOR'S WAIVERS. Gamor waNea all rights M defenses ansing by reason of anyone action'or'anll-defcienW law,u any other few which may mown d Lendr,from bnngirg and action agairrsl Grantor,matching a card for deficiency to the extend Lander is otherwise or,Ltled to a calm ler defidercy,behade or after Lenders commencement or compllln of any foreclosure scion,ow judicially or by en ems at a power of sale. BORROWER'S WAIVERS AND RESPONSIBILITIES. Lender reed not of Borrower about any Action or Menton Lander takes in connection with this Asslgnmenl. Bomower assumes the raspo rsiblity far belong and keeping Informed about IM Property. Borrower waives any deknsas that may ens. becaasa of any schen or Inaction of feeder,including without umlltion any faders,of Lander b realise upon the PrapeM.or arty delay by Lend.in reaNing upon the Properly. Burrower agrees to remain uaOte under the We with Lender no math what ectlan Lander takes or feria to take under this Assignment. PAYMENT AND PERFORMANCE. Except as omerwse provided in Ahs Assignment or any Related Documarms,Grantor shah pay to Lander all amounts secured by the Assgnmera as they become due,and shag strkgy perform all of Grantors obligations under tits Asvgnment. Unless and coal Lender exercsas As 69M to colts IM Ranh as provided below arts w erg as Made Is no dalul ruder has Assgmrend,Grantor may remain in pmsaeelon and control of and operate and manage the Properly and called the Rents,promise Thal me grading Of the right to cogen the Rents shag not constilul Landers consent to the use of cash cogetaral In a beMrup"Proceeding. GRANTORS REPRESENTATIONS AND WARRANTIES. Grant.wemanh Mal: Ownership. Grantor is enfiged to receive Aha Penh sea and clear of all rgnN,tars,Gets,encumbrance,and clirrs except es asclpS9a to and accepted,by Lander in wMilg. Right 10 Assign. Grantor has Ne full right,power and authority to enter into this Aslg Imam and l assign and carvery the Rentsto Lender. No pre r Assignment. Grantor has net previously assigned or conveyed t,e Rens to any Otter person by any I.shument now,in force. Na Firmer Trenshr. Grantor we not sal,assign,encumber,or rural disease of any of Grentora rghb in the Rents except As pro name in fns Assignment. LENDERS RIGHT TO RECEIVE AND COIJ1 T RENTS. Lender steal have the right at a1ry erre,and even though no delull used have Detorted under this Assignme .b consist cf ereceive the Ranh. Fa the purpose,Lender s hereby given and granld as fofowing rights,powers and assuredly Moore to Tenants. Lender may send notkes to any and all lranls of the Property advoing them of this Assignment and dbecfing all Rens to be Ent"the 9ylaLeryOererLenda Lender'sagent. Date Received: Enter 1M Properly. Lender may Rent upon and lake possession le al Prae dins nand,ary for and proGve from the tenons or from any other persons liable may b,all r the Rents;institute and Lamy on an legal Proceedings tit necessary los the protection of the properly.Including such ham the Pro err may be necessary d recover possession of IM Property;cogecl the Rens and remove end hent or tenants or other persons hem the Property. Maintain me PropMy. lender may enter upon Ila Property to maintain the Properly and keep the same in repair;to pay Aha toss thereof and of OCT 2 0 2010 all services of all employees,ircluding their equipment.and of An continuing costs and expenses at maintaining the Properly ta proper repair and condition,and also to pay all And,esessmanh and water ablllies,and the premiums on fire and other insurance started by Lender on the Properly. Original Submittal 'AnttTTmy-191irith - i Job Tage 1 10/20/2010 Document 1 of 2 = Order: F4610-18086 = Page 2 of 1 ASS4GNMENT yr RENTS Loan No: 170001549 (Continued) i Page 2 Compgmlce Saw Leave. Leader may do any and ae wings to execute and comply wish the laws of the Ssby Of Oregon and also an drier laws. rules,arthers,mdinances and requirements of all other governments agencies affecting the Property. Luse the Property. Lan de,may rent a all the whole,a any pod M the Property farsoon term.r tams.n W such cardamom as Lamer may deem arlawaate. Employ Agents, Leader may engage such agent or agents as Lender may deem appropnale,Other m Lemdery name e,In Grantor's tame,to .at and manage the Property,notal the collection and Wpyargort&Rents. Ower Acts. Lender may do an Such other wings and aces with respect to Ma Property as Lender may deem appropriate and may act exclusively No,solely in Ira pane and stand at Gmala and to have all at rte powws of Good.or the purposes stated above. No RegNrement to Act. Lander shat(not be required to do any a the/ongoing ace,m things.and the And that Leader shah haus parlamed ane a mote of the(Wagner,adds or things shall not require Lender to do any other specific ad m thing. APPLICATION OF RENTS. All costs antl expenses Mounted by LeeWer'n connection in that Property shall Nor Grantor's account and Lards may pay such Nose,and expenses from the Rents. Lender,in its sole decagon,shall determine the application of any and all Rams received by t;however, any such Rts re anceived by Lender which are not applied to such cosy and expenses shell be applied to Into lndededn , All expenditures made by Londe undo Aria Assignment and rod rein Oui Loan Me Rents shag baeme a pari of rallmaddearM secured by this Assgnaxi and shall be payable on demand,with interest at the Note rale from data of expenditure until paid. PALL PERFORMANCE If Great.per,an d the lodabiewel when der and Oih.wiv pNfans at this ooligatiWn imposed upon Grantee W+da lots Assignment,the Note,and Aa Related Documents.Lender shelf execute and Keri to Gramma a suitable vgsmcad of itis Assignment and sWISMe statements d termination of any%hence,datemMl an its evidencing Lander secudly interest In he Rents and the Properly. Arty Nammewon Ice required by law Shall be paid by Granton if permitted by applicable law. I LEISIMR'S UPENDITURES. if any aCdon or proceeding is commenced pat would matanaey aped Lenders irtemst in The Pmpady,a If Greater fails to comply with any provision of this Assignment or any Related Documents,Including but nut,ailed to Granter's SAWS to discharge or pay when due any smouns Grant,is mquked tit diverting.a pay under this Assignment a arty Rested DbarmSas.Lender on Granulative behot may(bo Oak set ba assigned to)take any action that Lender tl,w,appropriate,Including but not gained to discharging Or paying all taxes,fiens,security interests, encumbrances and Other claims,at any time levied a placed on the Renta or the Properly and Ponytail all costs for tsurirg,mainloning and Preserving The Property. A,Such expardeVOs wowed or paid by Lands*he such purposes wet then bear interest at the rate charged under,the Noce Irom the data moumad w paid by Landis,to Me dote of repayment by Gushes. NI Such 9xperses wit become a Part of the IndebdWd antl,at Lamdes When,will (A) be payable on demand; (B) be added to the balance of the NOW and W apportioned among and be payable with any irahslm.d peymems to become due dWim;ether (I) the lam of soy applicable im sexed pick.,a (2) gat rem.knolf emu of the Note;or (C)be treated W a banoon Payment witch dile be duo ged Payable at ma Ndos;nwarity.Ther Assignment also we SKUUO PaYaeatt Ol Easy anywhis. Such right shad ba in addition to all other rights and ramadi es to which Lendw may be entitled Won Delault. DEFALiT.Each of Ira foeowing,at Lenders operon,v,sg dirsocde M Event at Miedt Nowa Suis Assignment Payment Dee W. isdamer fails to make any payment when due under the IndebtedresIa. Other Defaults. Narrown a Grantor ells to comply with a to dacha any olhw tam,eardrum.covenant a.ondifion.onemed in Ms Assignment W in any d the Related ne umenis a to comply wish W to perform any dam,Nefigallon,CamaraW conductor ovnW d in any otnen agreement between I ender and Borrower or GmnOr. l De wi M(Note,Payments. Fa wn,aaroma,.,IN.Me hire requhOd by lots Assignment to mace any Payment IN taxes.Insurance.W any other Payment necessary,as Prevent tiling of a 1.Sued dsdarge of SAY lfea. Detaull In Favor of Third Parteee. Borrower or Grantor defaults mod,any loan,ede"On d credit.security agreement,purchase a Soles 'gre m,a any oMw agreement,er tavar at eery waver VON.w perean fuel may maiaiany affect arty d Sarrbanws a Gmrtar's prop"a ability to perform(bear ampWaver obligations under the Assignment w any al the Related Dmwnens. Environmental Dean". Full"of any Party to comply with or perform when due sat lean,ebfigalon,covenant ar condition contained On any emencra tO Agreement boodded in.oareGtan wine Me Property. Pates Statements Any warranty,rimesseoletWe or statemad made on fanshed he Lender by Borrower or Grantor a on Bwmwer's or Grantor's barred under Aux Assignment a Ore Rcaled D¢umMs s all a mMeading in any mateest aspect action a"a at Iter Ewe mads W hmtshod T becomes ease or wouta ti g at any gine Thoreehw. Deavege.(;aIMerMIlaEM. This Assignment or any of the Related Documents coaxes to be in NV rondo and deed(including sauna of any colat.el document to create a val d did p.hsded secomy idaest w len)at any Ems and IN an reason. Draw a Insdtverely. The dissalunoo of Grantors(ragardmss of whether election to continue is made),any mamba wtltdfaws from the rimmed eabAy company,w any oiler termination of ane w Ars a Granta's w isence,as a gang business a the death of any member,Ma mmmi'MY of Danower a Groom,the Mpantment a a moeara er any pen Of Borrowers a Grantors property,am assignment fav we banefA oraaators,any type of creditor workout,or the commenaemao of any proceeding under any hankruplay for Insolvewy favus by or against Sonower or Grenta. CrNata W For dWe Proceedwin Commencement U, torecasaa W taenae promdVgs,Swisher by iudcuai prOcaediM•Sal hep, rWossession or any ahet,method.by eon creditor d aortdwa a Grantor or by any Bommm.UoI ager^/ewal.t the Rants a any Propane securing the Indebwtlness. This Includes a garnishment of any of Borrowers or Grenloe$eccoNes,including deposit accounts,with Lender. However,that Event W Default anal amt apply it them s a good Win dispute by Barrdwgr a Grants As to trip vaunt,a ressonSbeness of the claim which is Me bases of the Ni or folosel I>r e g and a 9ommya or Grantor gives Leader maker,notice of the ere kfar w edegw. proceeding and deposits with Lentler monies or a surety bond IN and asdtor in forfeiture Proceeding,in an amount dewmar al by Lender,In is sea discretion.ser berg an adequala restive a bond IN the dsPuta I property Damage or Lose. The property a iml,ancon,subeaamially Kmaged,sold,ba lowed ageimt,levied upon,covet,or attached. Events Affecting Gumbantar.Any of the preceding evens occurs with aspect to any guaranen endorsee,surety,a accommodation pane of any of fie k:deafednass a srn{gtereoa,sodas.,sure%,or g m-D=Kn Perot Kes or becomes incompeem,at,ur d a,a dsioules the matter of,of aabiely Stria,any Guaranty M Mrs Indebednos. Adverse ChMge. A material adverse charge occurs in GtMtors financial condition,w Lantler,believes the prospect d Payment a Pat Aman e Of the mdebtedrress is tapered. i insecurity. Lender in good With believes itself mandate. f RhGNyS AND REMEDIES ON DEFAWT. Upon the eooWrerere d any Emi of Defect and at any Not incenses..Lander may exerdse any ere W more of the famed rights and remedies,in addition to any ower right or remedies provided by law. Aoothase IndebiMness. Lerida shelf have the right at is Wean witho i notice to Bartow.a Grantor to declare tie Notre indebtedness immediately de art payabia,includes,Say prepayment pormy that Soundest would be Swulmd to pay. Collect RMte. Lwd.shall have the nigN,without voice to Borrow.at Grantor.skies possession of the Property and called Ite Pans, filtiaEr,arta.W past due,and unpaid,Md appy wit ret pmoeeM,over and above Lender's scsN,against In.indebedn6aa. in"KnOrKO of this right,Lender shag have eat Ahs rights provided IN in we Lend.'s Rare to Receive and Collect Rents Seder,abOVO. It unit Rens And cdeaded by Lender,Men Gramm inavocably designates Lender As Grantor's abwneytin-fact to i n gage Instruments roceived in payment Ihaed in the hem,W e al.And to mW4U a the vera ed coned the proceeds. Payments by Peons W allow Asan to Leda in asepornl to Lenders demand shag sa%y the Wilgagas fav witch Me payments are rel whether a rid any proper grounds for the demand existed. Lender may exertions it rights under this subparagraph Other in Person,by agent,or through a receiver. Appo rn PSP , Lander stall have Shall b have a mtOver appanad a that possessa.at all.any Part W ton PrPpalY.wth boa power to Noted and preserve the Properly,To operate Ate Properly preceding Matheson,or sate,and to coned the R"from Me Properly and apply the pate Received: proceeds, ver aand Above IM cast of the re ntiver9Np against the Indat ema abledness. The rrver y serve without bond if permitted by law. Lenders aght to Are appointment d a h U aN stay Bost whether a rod the apparent you.at Into Property axama lire Indebtedness by a subsdadiai amoem, Employment by Lender shall am dmquawy a Person from saving ase ra;etwe Other Rearedles. Lender shall have all at",rights and remedies provided In this msgninent w the Note a by law. ��� !V!.a ���� Eecaon at Ra in. Eaddo by Lander a rem pursue any under shot no exdhMa 1pursu:t of any Other aw",and an reaction to maks expendifaas a to take Sdnon to perform an Obligation of Greater under Ihs AssigrMMt.after Grantees macre to padorm,shall not affect Lender's right to dxere a OOfdull and Bxercsa Its remedies. Orig al Submittal i Anthony Smith Print Job Page 2 10/20/2010 Document 1 of 2 • = Order: F4610-18086 = Page 3 of 1 x ASSIGNMENT OF RENTS Loan No: 170001549 (Continued) Page 3 Atorneys'Fees;Expenses, If Lender institutes any suit a action to enforce any of tlia terms of this Assignment,tattler shat be entitled to recover such sum As IN court may adjudge reasonable m attorneys'fees at Ines and upon any appeal. Whether a not any mud 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 lime for the protam..of 16 interest a the enforcement of its rights shall became a pad of IN Indebtedness payable on demand and shall bear interest at the Note rale from the dale of IN Expenditure unlit repaid. Expenses covered by ma paragraph include,whheul iteration,however subject to any limits under applicable law,)antlers atomeys'fees and Lenders legal expenses,wNthm or not there is a Wwsuil,including a bmays'lees and expenses fa bankruptcy proreedmi (including eXals to modify or wcem any automatic stay or injunction),appeals,and any anticipated post-judgment collection services,(he cos(of searching records,obtaining We repods[C.aclutiing bredosae reparsA surveyors'reports.and appraisal fees,title Insurance,and teas for the Trustee,to the extent permitted by applicable law. Grantor also wit pay any court Casts,in addition to all other sums provided by few. NOTICE OF FINAL AGREEMENT.ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY,MEND CREDIT,OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. MISCELLANEOUS PROVISIONS.The follovnng miscellaneous provisions are a part of this Assignment- Ami irate s. This Assignment,logelher wish any Related Dacumens,mmsIrtutes the entire understanding and agmemeal of IN parties ns to IN matters set forth in this Assignment. No atleratim of or amendment to this Assignment shell be effucflw unless given in writing and signed by IN party Or parties sought to be charged or bound by the alteration or amendment. Caption Headings. Caption hurdirgs In this Assignment are fa convenience purposes only and are not to be used Is imarprel Or cohne the proviso.of this Assignment. Governing Use. With respect b procedural matters related to Me pedectlon and enlorcanerd of Lender's rights against nre Prosperity, tlda Assignment win be goveroed by federal law applicable to Lender and to the extent hot preempled by battens law,the taws of the State of Oregon. In all otter respects,this Assignment will be governed by federal law applicable to Lender and,to Me extent not Preempfed by federal are,Me laws of the State of W&MIngfon without regard b he contracts of Imv proYlgons HowevN,11 there ever Is a question about whether any provision of this Assllpnmenl Is Eight or enforceable,Me provision(bat Is questioned will be governed by whichever stole W fed"law would and the provlslon to be valid and enmrceable: The ban transaction Mat is evidenced by Ne Note and this Asalgnmenl has been applied la,considered,approved and made,and all necessary loan documents have been accepted by LaMar In the Stale of Washington. Choice of Venue. It mere is a lawsuit,Grantor agrees upon Lendar's request to submit to IN jurisdiction of IN courb M IGng County,Slate at Washirlgfon. ,blit area Several Llabllay. All obligations at Borrower.antl Grantor under this Assignment shall be joint and several,and of references Is Grantor shall mean each and every Grantor,and all references to Bad ower shall mean each and every Borrower. This means that each Grantor signing below s responsible fa so Oblgations in this Assignment. Where any..or made of the parties is a corporation,partnership,limited liability company or similar entity,A s not necessary for Lender to inquire into the power's of any of the officers,direclors.partners,members,or other agents acting or purpcAing to act can the entity's behalf,and any obligations made m created in reliance upon the professed exercise of such powers shall ba guaranteed under this Assgnmeal. Merger. There shall be no merger Of the model or estate created by els assignment wAh any other interest or estate in IN properly at any time by or for the benefit at Lena in any capacity,without the when consent of Ledder.I Interpretation. (1) In all cases where these is more than ono Borrower or Grantor,then alp words used in thio Asv'gnment in the singular shelf be deemed to have been used in the plural where me context and construction so require.)(2) if mora bas,om person signs the Assignment as "Gramor,-the obligations of each Grantor ere joins and several.This means that If Lenderibringt a lawsuit,Lender may sue any ave or more of the Grantors. If Borrower and Grantor am not Ne same person,(ender need not sue Bormes frsk and that Badoww need not be jmesd in any lawsuil. (3) The names given to paragraphs or sections in this Assignment are for convention.purposes only.They,ere not to be used to Interpret or define the provisions 01 this Awgnment. No Waiver by Lender. Lender shag not be deemed to Nye waived any rights under this Assignment unrest such waiver is given in wdang and - signed by Lands. No delay or omission on the pad of Lender in exacting any right shall operate as a waiver of such right or any Other right. A waiver by Lender of a provision of this Assignment sNx not prejudice a conobtulela waiver of Lenders right otherwise 10 demand strict compliance with that provision or any olha provision 0 this Assignment. No prier waiver by Lender,nor any course of dealing between Lender and Gralar,shall constitute a waiver of any of Lenders rights or of any of Grantors obligations az to any future Imm aOfions. Whenever The consent of Lander Is required under this Assignment,the Evening of Such consent by Lana in any immarm still not constitute confining consent to subsequent instances where such consent is requead and in as cases such consent may he granted a withheld in the sob discretion of Loner. N011ces. Any notice required to be given under this Assignment shall be given in writing,an shall be starches when actually detvered.when actually received by wrief icsinds(unless otherwise required by law),when deposited wish a nationally recognized overnight courier,or,it mailed, when doomiled in the United Stales mail,as first class.ratified or regulated mail postage prepaid,directed to IN addresses shown near the beginning of this Assignment Any peat may change III address fa notices untlw this Assignment by giving formal samad adim to the other padres,speciryirg that the purpose of the notice is to change the party's address. For notice purposes,Grantor agrees to keep Lander informed at a0 limas of Grantor's current address. Unless Otherwise provided a Mqulmd by lei a re theis mare than..Grantor,any natks given by Lender to any Grantor a deemed to be notice given to all Dolmans. Powers at Attorney. The Various agencies and powers of attorney conveyed on lendar under this Assignment are granted la purposes of security and may not be revoked by Grantor uric such time as the same am renounced by Lender. Severablaty. II a court of competent jursamon Adds any provision Of this Assgmneds to he iiegal,invaNd,0,urwMorcaable as to any circumstance,that finding shall not make the offending provision illegal,invalid,w unenforceable as to any other circumstance. 11 feasible,the offending provision net be smardemd modified so that it becalms legal,wI,d and enlaeeebb. If the offending provision cannot be so modified, it sNa be Considered delated from(his Assignment. Unless otherwise located by law,the illegally,invalidity,or unenforceability,of any provision of the ASYgnment Shall tat affect IN legality,validity or anbrceabilAy of any other Provision of this Assignment. Sumerians and A ffigns. Subject Is any Institutions staled in this Assignment on transfer of Grantors interest,this Assignment melt be binding upon and inure to the benefit of the paras,their successors and assigns. If ownership al the Property becomes vested in a Person other than Grantor,Lender,without notice to Grantor,may Boas win GrEmoes successors with reference to this Assignment and the Indebtedness by way of forbearance a aHeruson without rekesfrg Grantor from IN m gafions of the Assignment or liability under IN Indebtedness. Time Is of the Essence. Time 0 of the issuance in the performance of this Assignment. Wander of Homestead Exemption. Grantor hereby releases and waives all rghis and Nrwfis of IN harnessed exemption laws of the Slate of Oregon as to all Indebtedness secured by this Assignment. Waiver of Right of Redemption. NOTWITHSTANDING ANY OF THE PROVISIONS TO THE CONTRARY CONTAINED IN THIS ASSIGNMENT, GRANTOR HEREBY WAIVES ANY AND ALL RIGHTS OF REDEMPTION FROM SALE UNDER ANY ORDER OR JUDGMENT OF FORECLOSURE ON GRANTOR'S BEHALF AND ON BEHALF OF EACH AND EVERY PERSON,EXCEPT JUDGMENT CREDITORS OF GRANTOR,ACQUIRING ANY INTEREST IN OR TITLE TO THE PROPERTY SUBSEQUENT TO THE DATE OF THIS ASSIGNMENT. DEFINITIONS. The fallowing capNliaad wads an harms shall new IN foilovving readmvgalwhan used la this Assignment. Unless spastically slated ate Received to IN contrary,all Rhadimm s to dmlar amounts shag mean amounts In IaMpl money of the United Slates of America. Words antl lerms used in the singular shall Include IN ph ural,and the plural shall include the singular,as the context may require. Words and Isms not otherwise MdEwd in the Assignment shag have the meanings aanbuted to such terms in the Uniform Commercial Code; I Assignment. TN word"Assgnmear means this ASSIGNMENT OF RENTS.in this ASSIGNMENT OF RENTS may be amended or modified from O V 1 r1 0 ^Ot0 r time to lime,together with al axNbis glia and scheduled attached I0 ASSIGNMENT OF RENTS from time 10 free (, L Borrower. The word Tiardwal means Mark S.McDonald. Default.The word'Debuir means IN Default sal faith in this Assignment in the section Iti11ed Meteor. Event of Default. The words'Event of Delauf'mean any W the evens of default tel Iain in the Assignment in the default section of this Assignment. Oa) Submittal rigin Grades.TN word"Grantor means SPRINGFIELD V,LLC. Anthony Smith* Print Job Page 3 10/20/2010 Document 1 of 2 = Order: F4610-18086 = Page 4 of 1 a ASSIGNMENT OF RENTS Loan No:170001549 (Continued) j Page 4 Guaranty. The wad'Geanntl"maam tad gue'ann tam goanda,andase,,sorely or sesomaaon modparty to tensa,mdudirg wtaoW IlmAaan a guaranty of as or Pan d the Nota, tndlblMnea9. The wad'Intlabre(twwY meat¢ax pri.and,1hWhs.L end dhn 9mamn,colts and a,Penses Payaoe under the NOW or eased Oaanents,togelbe,cortin al nnewas of,"Antons of.modMcatia s At.colUWdabola of and substations Ion lire NOW a Related Documents and ary amounts expended or adasrmd by lance,to derange Grantoes Obligations or Menses incuned by Lander to etmoa G enla's othea Brei under the Assignee,together with interest on such amounts as aoAded In Ass Asslgnmeon. Londa.The wad lander means FOUNDATION BP.WS its successors and assigns. Nota, The wad rete neon this prams¢say nota date!Juna 25,2009,in the original principal amount of$1,250,000.00 tom Swowa to leader,together wish aA ara was of,egenSionts d,modvicatons At,nLanaings of,COV AIA 9aals d,and sobsifiNons for ire pnomissay note a oorwroenl. I Prop",The wad'Propaty'neon a d cantor's ogri me antl Interest In ate to alite Property es desonded In the yAugrmmenY sacbon d thin Assignment. Related Documents, The words 'Related Documents' mean As prom'ssM notes. petit agnomenH, loan agreements, anWnonmentel awn.", goarankes, worry awaemenk, mortgages, tlaads a Vast, sway Weeks, ca`ataal ma:gagei, and as older an8uments. agreements and daumenis,whether now a hereeaar easing,executed in connection wth Ina Indeatedness, Rents. The word'RenW makes as Grantees antees prawns and Iden rights,Sao,end Ininrast m,Id And untla any and As present And haao teases, n,,VOAg,waha,,NnenaM,as nems,revenue,Art.",55a6s,royalties,apretsas,ecrounK h i otaable,cash a wit,ity,deposits,adaanw(¢Mats, prohn and proceeds hem the Properly,and other paylneds AM bareaH darned a to be derwed hem such teases of every kind and natas, whetter me now a zta,including wlhout dmita4on Grantor's right to entorca such kasas and to threats and cow pay^nnl and Proceeds itereuntle,. THE UNDERSIGNED ACKNOWLEDGES NAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT,ANO NOT PERSONALLY BUT AS AN AUIHDRRED SIGNER,HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON RIEKAlF OF GRANTGA ON MK 2a,take. GRANTOR: t{I SPRINGF �- 1 1, cDoxWd,MMtager a!SPRIN IF3D ,LLC � /A� LIMITED LIABILITY COMPANY ACKN i WLEDGMENT t STATE OF -/t T ) i / )Ss. COUNTY OF On the�`,"� day d ! r'1-t? .••-•..•.•••••., '-•�,I behtn ma.iM umlas9rled Notal PuD4c,PasoM1lai appear Mane McDonald,Manage d^a—GFinD V,m7ajndknmvn fa tip nc—a met mba a designated ege^i d tM iimflod riabi6ty company that araculed this ASSIGNMENT OF RENTS end acknowledged the Awgnm661 Itb as the tea and wlunWry act and dead at the ymilud lability company,by Anthony,d statue,it oracles of mgeMnaaPn Or ts:op'natng AAMAMI IL la 9e vasa ad purposes aurin menaored.and on win stated the As,ash!a/sidnorimd to aza:uts aid,AsOgnmera andmhos axecdad Ve Atst,Trmeeaa�n befall M iha unlet MbAAY Omens . Notary Puak In and nor the Stated My.cO'minla.Won eaplrea �� � i „•.od LASER ARO lonfing, Va. 5.4890.002 Capt. Haand Finaoael Sakiiorn, Inc. 1997, 2904. Al Rights Reserved. - OPJWA S:WSERPRO\CFILLPL\G14.FC T11-2661 PR-19 1 Received: OCT 2 0 2010 Origilate vubmit alige— Anthony Smith Print Job Page 4 10120/2010 C bocument•2 of 2 • = Order: F4610-18086 = Page 1 of 1 RECORDATION REQUESTED BY: �— — -- Division ef'Chlef Deputy Clerk - --� FOUNDATION BANK 11110 office Lena CoNecile nLY Dand Records LyVT�Jtl7J� 1elevelWA9200 eM4 NE,Suite BIIIIIIIIII(IIIIIIIIIIVIIIIIII II IIIIIIIIII IIIIIII j51.00 WHEN RECORDED MAIL TO: 0108419320090p364S70068053 FOUNDATION BANK 06/30/2009 11:44:29 0 1110 11211,Avenue NE,Slate 2e0 APR-DTRCnte1 Stnea CASHIER 02 Bellevue,WA Saudi Liter Recording Return To: $30.00 S1G.00 $11.00 Western Title&Escrow Company 4d,7 n"k Rd SIw03d0.Eugene BO W401 SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY DEED OF TRUST THIS DEED OF TRUST Is dated June 25, 2009, among SPRINGFIELD V, LLC, a Washington Limited Liability Company, who acquired title as SPRINGFIELD V, LLC, a Washington Limited Liability Co. whose address is 2756 NE 45th Street, Suite #104, Seattle, WA 98105 ("Grantor"); FOUNDATION BANK,whose address is Main Office, 1110-1121h Avenue NE,Suite 200,Bellevue,WA 98004(referred to below sometimes as"Lender" and Sometimes as "Beneficiary"); and Western Title & Escrow Company,of Lane County, whose address is 497 Oakway Road,Suite 340,Eugene,OR 97401(referred to below as'Trustee"} CONVEYANCE AND GRANT. For valuable consideration,represented M the Note dated June 25,2009,In the original princlpat amount of 41,250,pOpAO,from Borrower to Lendar,Granter conveys to Trustee for the benefit Le of nder as Beneficiary ell of Grantees right,late,and interest m end to the following described real properly.lOgether with all existing or subsequently erected or eHaed buildings,improvements and fitlures;all..his,rights of way,and appurtenances;ell water,water rights and Won rights gncluding stock in utilities with ditch or adgabon rights); and a0 other Net,royalties,and profits esafiN to the real property,inducing without limitation all minerals,oil,gree,geothermal and Simper matters, (the "Real Property")located in Lane County,State of Oregon: PARCEL I: A PARCEL OF LAND LYING IN THE NORTHWEST QUARTER OF SECTION 22,TOWNSHIP 17 SOUTH,RANGE 3 WEST OF THE WILLAMETTE MERIDIAN,BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE A. C. STEVEN. DONATION LAND CLAIM NO. 45, IN TOWNSHIP 17 SOUTH, RANGE 3 WEST OF THE WILLAMETTE MERIDIAN; AND RUN THENCE NORTH G4 04' WEST ALONG THE EAST LINE THEREOF, 151.69 FEET; THENCE NORTH 89- 45' 20" EAST 220.00 FEET; THENCE SOUTH Ge 04'EAST 151,95 FEET;THENCE SOUTH 89°49'20" WEST 2211.00 FEET TO THE POINT OF BEGINNING,IN LANE COUNTY,OREGON. PARCEL II: BEGINNING AT A POINT 220.00 FEET NORTH 89-40' 20"FAST OF THE SOUTHEAST CORNER OF THE A. C. STEVENS DONATION LAND CLAIM NO. 45, TOWNSHIP 17 SOUTH, RANGE 3 WEST, WILLAMETTE MERIDIAN; AND RUN THENCE NORTH 04 G4' WEST 151.95 FEET; THENCE NORTH 894 45' 20" FAST 95.80 FEET; THENCE SOUTH Go 04' EAST 73.89 FEET; THENCE NORTH 89" 49' 20" EAST 18.00 FEET; THENCE SOUTH Oa 04' EAST 78.06 FEET; THENCE SOUTH 89" 49' 20'1 WEST 113.80 FEET TO THE POINT OF BEGINNING,IN LANE COUNTY,OREGON. The Real Property or its address is commonly known as 3266 and 3270 Gateway Street,Springfield,OR 97477. The Real Property tax identification number is 1226511,Code 01900 and 1441813,Code 01900. Grantor presenity assigns to Lender(also known as Brinell in this Deed of Trust)all of Grantor's night,cafe,and interest in and to as present and future leases of the Property and atl Rents from the Property. In surface,Grantor grants to Lenten a Uniform Commercial Coda security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY,IS GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND (57 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: GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a)this Dead 01 Trust h eaecNeO al Banower's regpesl anti not al IN request of Lender; (b)Grantor has the full power,right,and authority to enter into this Dead of Trust orb to hypothecate the Property; (c)the provisions of this Deed of Trust do not conflict with,or result in a default under any agreement or Firer Instrument binding upon Grantor and do not result in a violation d any law,regulation,court doom"or order applicable to Grantor: (d)Granter has established adequate means of obtaining from Borrower on a continuing basis information about Bonower's financial condition;and (e)Lender has made no representation to Grantor about Borrower(including without limitafion IN ttedilwoMirtes W Borrower). GRANTOR'S WAIVERS. Grantor wares ell nights or defenses arr ing by reason of any"ore action'or'an"eficeeW law,or any other law which may prevent Lender from bringing any action against Grantor,including a claim M deficiency to the ertam Lander is 01h mnew entitled b a claim for deficiency,before or after Lenders commencement a completion of any forromme action,elleer judicially or by eawdse of a power of sale. PAYMENT AND PERFORMANCE. forcefulas olheawse provided in NN Dead of Trust,Borrower shed pay to Lender all Indeblednees aecead by;his Deed of Trust as it becomes due,and Borrower and Grantor shall perlo n,ell their respective obpg,lions under IN Nole,this Deed of Trust,and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agres that acerawees and GnaNa's posset4on and use of the Properly shall be governed by the following provisoes: Possession and Use. Until The occurrence of an Event of Default,Grantor may (1) remain in possession and control of the Properly; (2) use, operate or manage the Properlg and (3) collect the Rents hem the Property. The following provisions reale to The use of the Properly or to other limitations on the Properly. BEFORE SIGNING OR ACCEPTING THIS INSmiUMEWT THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS t9S300, 195.301'AND 195.305 TO 195.336 AND SECTIONS 5 TO It, CHAPTER 424,OREGON LAWS 2007.THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS.BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TIRE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLAiRiANG DEPARTMENT TO ate Received, VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR ••Y�rr Received: Y�i 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930,AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS.IF ANY, UNDER ORS 195.300,195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CWIPTER 424,OREGON LAWS 2007. OCT 0 Duty to Maintain. Grantor strap motnlam the Properly in lenantabta conclude and promptly perform all repairs,replacements,and maintenance 2010 necessary 10 preserve its value. Original Submittal Anthony Smith Print Job Page 5 10/20/2010 Document 2 of 2 = Order: F4610-18086 = Page 2 of 1 DEED OF TRUST Loan No: 17000/549 (Continued) Page 2 NUlsmce,Waste. Grantor shall not cause,conduct or permit any nuisance nor comm,permit.or suffer any shipping of or wast.on or to the Properly or any potion of the Property. Without limiting the generality of the foregarg.Grant.will nut.move,or grant to any other party Me right to remove,any fimbw,minerals(including oil and gas).coal,clay,scoria,soil,gravel ar rock product without Lendera prior writing consent. Removed of Imprave ni nla. Grantor shelf not demolish or remove any Improvements ham the Real Property without Lender's prim written consent. As a condition to the removal of any Improvements,Lender may require Gmnlor to make anangement satisfactory o Lender to replace such Improvement win Improvement of at least equal value. Lender's Right to Enter. Lender and Lenders agent and representatives may ender upon the Real Property at all reasonable Ilmes to attend to Lenders interest and to inspect the Real Property for purposes of Grantors compliance witn ns the berms and conditiool this Dead of Trust. Compliance with Governmental RequdremenLo. Grantor shall promptly Carl with all(Laws,ordinances,and negMxtioer,now Of hereafter in effect,of all governmenauthorMe,;tal authoes th applicable to e use a Occupancy of the Praperty, imi including without lalion, the Amenoam With Act. Grantor may contest in good faith any such law,ordinance,or regulation and withhold compliance during any proceeding, including appropriate appeals,so long as Grantor has notified Lender in wntirg prior to doing so and so Hung as,in Lenders sae opinion. Lender's interest in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surely bond,reasonably sm(actory to Lender,to protect Landers interest. Duty to Protect. Grantor agrees neither to abandon Or curve unattended the Properly. &.him shall do all other acts,In addition to in.act sol faith above in this section,which from the character and use of the Property we reasonably necessary to protect and preserve the Properly. WE ON SALE-CONSENT BY LENDER. Lender may,at Lenders option,declare ion nguallely due and Payable all sums secured by this Deny of Trust upon the sale or transfer,without Lenders prior written consent,of all ar any pad Of the Rea Property,or any Interest in the Real Properly. A'Sala or tramler means the conveyance of Real Properly or any right,its or interest in the Real Property;whether legal,be ieficat of equilable;whetter voluntary or Involuntary;whether by Outhgly sale,dead,installment sale contract,land contract,contreol Iter deed,leasehold interest with a term greater than three(3)years,leas.-option contract,or by sale,assignment.or transfer of any beneficial interest In or to any land trues!holding title to the Real Property,w by any other method of conveyance W an interest in the Real Nopary. if any Grantor IS a corporation,partnership or handed labggy, company,tmnster also Includes any change in ownership of more than twnny-five percent(25%)of Ma vabng stock,partnership interest or limited liability company interest,as as the ce may be,of such Grantor. However,mcoach shall not be exercised by Lend.If such amm'ae is prob bided by lateral law or by Oregon few. TAXES AND LIENS.The following provisions relating to the taxes and Ham on the Property are pad of this Deed of Trust: PaymenL Grantor shall pay when due(and in erg events Onto to delinquency)all taxes,spatial toes,assessments,changes(including wafter and sewer),Pons and impositions levied against or on account of the Propmty,and shell pay when due all claims far wool done on or for services rendered or material furnished to the Property..Grantor shag maintain ee Property free of of item having priaitY Over or equal to the interest of Lender under this David of Trust except for the lien o taxes and Asscasment not due,except Hon the Exttlng Indebtedness rationed to below,and except as Otherwise provided in Ma Deed of Trust. Right to Contest. Grantor may withhold payment of any tax,assessment,or claim in conneckon with a good faith dispute Over,the Obligation opay, pay,so long as Lenders interest in Me Property is not jeopardized. If a lien arises or is filed as a result o nonpaymml,Grantor shall within fifteen (15)days after the lien areas w.it alien Is Had,within fifteen(15)days affair Grantor has notion of the filing,setae In.dscharge of the If .or if requested by Lentler,deposit witli Lender cash or a sufficient ctopaale surly bond or other security selfsiaclory to Lender in an amount sufficient to discharge the lien plus any cast and attorneysto .or other charges that could acorue as a result of a foreclosure.sale undo the lien. In any contest,Grantor shall defend well and Lender and shall sally any adverse judgment before enforc.manl against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings., Evidence at Payment. Grantor shall upon demand furnish to lender satisfactory evidence of payment of the axes a assessment and shalt authpfiZe the appropriate govonnental offitlad to carver to Lender at any time a written statement o the taxes and assessment against the Properly. Notice of Construction. Grantor shall fairy Lender at least filleen(15)days before any waft is commenced,any services am furnished,or any maters are supplied to the Properly,it any mechanic's lien,malerialmen's Len,or Other ken could be asserted on account of the word,services, or materials. Grantor will upon request of Lender funnies,to Lender advance assurances Satisfactory to Lender that Grantor can and will pay the cost of such improvement. PROPERTY DAMAGE INSURANCE.The following provisions mating to insuring the Property are a pad of this Dead of Trust. Maintenance of mongrel Grantor shall procure and mountain pokdes of fire insurance with standard a mntled coverage mdasement on a replacement bass I.the full imurabfe value covering act Improvements an the Real Property in an amount sufficient to avoid application of any colmurince clause,and vein a standard mortgagee cause in favor of Lender. Grantor shag also pmcum and rtaintain comprehmeya general Iablisy insurance in such coverage amount as Lender may request with Trustee and Lentler being named as additional insureds in such liability Insurance polices. Add tionally,Grantor shall maintain such other insurance,including but not limited to hazard,busirress interruption.and boiler insurance,as Lender may reasonably require. Policies shat be written in form,amount!coverages and bast reasonably acceptable to Lender and issued by a company Of companies reasonably acceptabte to Lender. Grantor,upon request of Lender,will deliver to Lender from time to time Ne policies or comficates of inar ancein Harm satisfactory to Lender.including stipulations that coverages;will not be concerted or diminished without at lector ten(10)days prim written notice to Lender. Each asumince policy also shall include an endorsement providing that coverage m favor Of Lender will no be impaired in any only by any ac(omission or default of Grantor or arty other person. Should the Rea Properly be located In an area designated by the Director of IN Federal Emergency Management Agency as a special flood hazard area,Grantor agrees to obtain and maintain Federal Flood Insurance,if available,within a5 days after notice s given by Lender that gra Property s located In a spaal i Rood hazard area,far the 10 unpaid principal balance of the loan and any prior hem on the property securing the loan,up to the manmum policy krait rel undo gra Nakwal Flood Imwanro Program,o ad,otherwise featured by Lando,and to maintain such insurance lor the term of ge loan. I Application of Proceeds. Grantor shall promptly molly,Lender N any loss or damage to the Pmjpwy. Lender may make proof of toss If Grantor tells to do so within Mean(15)days of the casualty Whether or no Landers security is impaired,Lender may,at Lenders election,receive and moa the proceeds of any insurance and apply the proceeds to Ina reduction of the Indebtedness.payment of am/Hen affecting the Property,or Me reparation and repair of the Properly. If Lender elect to appy the proceeds to restorafian and repair,Grants shall repair Or replace the damaged a agedestroyed Improvement a in a mannsetaleclory to Lander. Lander shall,upon satisfactory proof of such expenditure,pay a reimburse Grantor from the proceeds for the reasonable toll Of repair or restoration d Grantor is not in default under this Dead o Trust. Any procaeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to Me repair of reel.akon of the Properly shell be used first to pay any amount owing to Lender under this Deed of Trusl,lihen to pay accmed in erect,and the remainder,it any, shall he applied to the principal balance o Me Indedrty bteess. It Lender holds aproceeds after payment in full of Ilea Indepledness,such proceeds shall be paid to Grantor as Grantors inlerens may appear. Compliance with Existing Inbeblednesa. Ourinc,the penpal in which any costing Indebtedness described below is in effect,complance wan IM Insurance provisions contained in the instrument evidencing such Extstnrg Indebledneas shall constitute compliance min Me insurance provisions under WAS Dead of Trust,to be Mend compliance wiM Me terms of Mis Deed of Trust would constaule a duplication of insurance mr umarvant. If any proceeds ham the insurance become payable on lass,the provisions in this Dead of Trust fa division af proceeds snag appy only to that potion of the Proceeds not Payable to the holler of the Fvsang Indebtedness. Gimbal Report on Insurance. Upon rental of Lender,however ate more Ilan oa»a year,Grantor shag furnish to Lender a mood on each coaling policy of insurance showing: (t) the name of Me insurer; (2) the risks Imurad;I(3) the amount of the poky; (a) the property insured, the then current replacement value of such property,and the manner of determining that wave;and (5) the comatiun Onto of the policy. Grantor Shall..pan request of Lender,have an independent appraiser Satisfactory to Lender del.min,the cost value repacemanl cost of the Properly. LENDER'S EXPENDITURES. If any action or proceeding a commenced that would materially affect Lenders interest in the Property.if Grantor WK to comply with any provision of this Dead of Trust or any Realad Documents,including bo not tinged to Grantors ladure to comply with any obligation to maintain Existing Indebledneas in good sanding as required below,or to discharge or pay when due any amount Grantor is required to discharge Or pay this Dead t shelf a$be t Lender deems appropriate.including but of limited to discrust Or any Related charging or Lender on a Iaxes,hens,Ifsec��nterests,encumbranices and Sir. olherany cla ms,at any gine ate Received: teed or placed on the Properly and paying all cost for imputing,maintaining and preservin ithu Property. a such expenditures Inclined Of paid by Lender for such purposes will then bear interest at the rale charged under the Nola from In.dao imuned or pad by Lander to the dale o mpaym mk by Grantor. AS such expames will become a pan of the Indeblednee,and,at Lenders option,will (A) be payable on contend; (B) be added to the I OCT 0 balance of the Note and be apportioned among and he payaoe won any InstalpeymaMs to become due dudrrg Other (I) the term of any 2010 applicable imurance ploy;Or (2) the remaining term of the Node;or (C) be treated Has a balloon payment which will be due and payable al the Original Submittal Anthony Smith Print Job Page 6 10/20/2010 • • 'Document 2 of 2 = Order: F4610-18086 = Page 3 of 1 DEED OF TRUST Loan No: 170001549 (Continued) - Page 3 Note's Mellon, The Deed of Trust also will secure payment of Insists amounts. Such right strait be to Section to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY;DEFENSE OF TITLE The fallowing proxsiona miatrg to ownership of the Property are a pan of this Dead of Trust: Title. Grantor warrants that (e)Grantor holds good and marketable fills of recatl to the Property in fee simple,hea and dear of all hens and encumbrances other than Mose set forth in the Real Property descriptor,or in the Existing Indebteuress section below or in any the manamce policy,title report,or final As opinion issued in lever of,and accepted by.Lender in connection with this Deed of Trust,and (b)Grantor has the tut right,power,and authority to execute and deliver the Deed of Trust to Lender. Dolense of Tulle. Subject to the exception in the paragraph above,Grantor warrants and we forever defend the Bola to the Property agional the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grenades the or the Interest of Trustee or Lender under has Deed of Trust,Grantor shat defend the action at Grantees expense. Grantor may be the nominal party in such Proceeding,but Lender shat be snNled to participate in the prong and to be represented in the proceeding by counsel of Lenders own choice,and Grantor will deliver,or cause to be delivered,to Lender such irstrumeMs a,Lender may request hem lime to ime to permit such pan cipalibn. Compliance With Laws. Grantor wanants Mat the Property and Grantors use at the Property complies with all posting applicable laws. ordinances,and regulations of governmental sultanate. SuMvm of Representallons and Wamantles. All representations,warranties,and agreements made by Grantor in this Dead of Trust shay survive the execution and deivery of this Dead of Trust,shelf be continuing in nature,and shall remain in full hone and effect unfit such time as Bwrdwer's Indebtedness Shia be paid in bad. E10STING INDEBTEDNESS. The following provision concerning Existing Indebtedness are a Pan of this Deed of Trssl: Existing Lim. The ten of this Deed ot Trust savwW the Indebtedness may be secondary and Inferior to an existing lien. Grantor Seoul covenants and agrees to pay,or sea to the payment at.the Etls9ng Indebtedness and to prevent any default on such indebtedness,any behalf under the mstuments evidencing such i rdebtedness,or any defaull under eery securely documents far such urdebtedress. No MWHI ofim. Grantor that not enter into any egreemeM with the holder of any mortgage,deed of trust,or other recent,agreement which has plenty over this Deed of Trust by which Mat agreement is modified,amended,estended,a renewed without lire phor written consent of Lender. Giant.shall neither request net Ali any future advances under any such security agreement without the prig worked consent of Lender. CONDEMNATION.The following provelona relating to condemnation proceedings are a pad of this Dead of Trust: Proceedings. II any procesdirg in condemnation is filed,Grantor shall promptly noblyLlender in wring,and Grantor Sins%prompBy take such steps as may be necessary to defend The antler,and obtain the award. Grantor may be the nominal path In such proceeding,but Lender shall be emitted to participator in the proceeding and to he represented in the proceeding by counsel M ds own Oates,and Grantor will deliver er cause to he mammal to Lender such Instumerds and documentation as may be requested by Lentler from lure to time to permit such patirmlion. Application of Net Proceeds. It all or any part M the Property is condemned by eMnent I oral proceedings or by any proceeding a purchase in debt of condemnation,Lender may at its election want that at or any abroad of the not proceeds of the award be applied to the Indebledrress' or Me repair or detonated of the Properly. The rel proceeds of Me award shalt mean the award after payment Meal reasonable casts,arpardes, and afferneys'hes incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES,FEES AND CHANGES By GOVERNMENTAL AUTHORITIES. That f Wowing provisions dealing to governmmlat lances,fees and charges are a pan of the Deed of Thal: Commit Test Fees and Charges. Upon request by Lender,Grantor shell execute such documenb in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lintel ken on the Real Property. Grantor shall reimburse Lender lar all taxes,as described below,together with all expenses incurred In recording,perfecting or continuing this Deed of Trust,Including without limitation all Wes.Net,docureentary damps,add other Chargee far wording or registering this Dead of Trust. Taxes. The following shall constitute taxes to which this section ap ehm: (1) a specific taxi open this type of Deed of Trusl or upon U or any Pad of the Indebtedness secured by We Deed of Trust; (2) a spedfic lair do Borrower which Borrower's aulhorsd or mahout to deduct from payments on the indebtedness secured by the type of Deed of Trust; (3) a tax on Itus type of Dead of Trus!changeable against the Lender or the --holder of the Note;and (4) a specific lex on all or any portion of the Indebtedness or an paymaMs nt airr9pN end interest made bYBorrower.— --- - - - - - - - - - - - Subaequent Taxes. If any lex to which this section applies is arrested subsequent to the date M has Deed a Trust,this event sire%have the same effect as an Event of Defi ll and Lender may exach s any a elf of its awflable remedies Mr an Event of Default as provided below unless Granler either (t) pays the fax belers%becomes desnquenl or (2) controls the At as provided above in the Taxes and Lams section end deposits with Lander cash or a Sufficient corporals surely bond or other security satislaclay to Lender. SECURITY AGREEMENT;FINANCING STATEMENTS. The following provisions totaling to!Ns Dead of Trust as a secur y agreement are a part of this Deed u Trust: - Security Agreement. This insW menu shall constbute a Security Agreement to the evlenl any of the Property constitutes headed,and Lender shall Neve a%of the rights of a secured party under the UMform Commercial Code as amended ham tree to eme. Security Interest. Upon request by Lender,Grants shelf lake whatever action as requested by Lender to pedect and continue Lenders secuny mtmest in the Rene and Personal Property. In accrued to wording has Dead M Trust in the real property records,Lender may,at any Bene and without further windrowed hem Grantor,life ambled counterpart,SWISS or reproductions of this Dead of Trust as a making staarrawl. Grantor shall reimburse Lender Mr elf expenses mcuped in perfecting or continuing this security interest. Upon default,Grantor snot not remove, sever or detach the Personal Property ham the Property. Upon default.Grantor shall assemble any Personal Property not SMxed to the Property in a manner and at a place reasonably conventrnl to Grantor and Lender and make it available to Lender within three(3)days atter receipt of written demand ham Lender to the tender permitted by applicable law. Addresses The reading addresses of Grantor(debtor)and Lender(secured parry)ham which lnlarretlon contenting the secuny interest granted by this Dead of Trust may be abtaeuwE(each as watered by that UNtam Commercial Code)are as stated on the fust page of the Dead of Tnal. FURTHER ASSURANCES;ATTORNE)f-IN-FACT, The food.,provisos nelafing to fuller forsurarkes and a%ornaYtiMacl are a pad of this Dead of Trial: Farther Assurances. At any lime,and from lime to time,upon request a Lender,Grantor we make,execute and deliver,or will cause to be made,executed or delivered, to Lender or to Lendees designee, and when requested by Lender.cause to be Ned,recorded,refiled,or ,.,¢carded,as the case may be.at such times and in Such Shoes and pieces as Lender may deem appropriate,any and as such mortgages. deeds of trust,secuny deeds,security agreement,finmadip andements,continuation stalemenb,instruments of further assurance.Serifiewes, and other Salamander as may,In the safe opinion of Lender,be nectsaery a Sweaters in ander to eXecluate,carplete,perfect,continue,o, preserve (1) Borrower's and Grantors obligabons under the Note,this Deed of Trust,and the Realyd Documents,and (2) the liens add security interests created by MIs Deed of Trust on the Prop",whether now owned or hereafter acquired by Granter. Unless prohibited by law in Lender agrees to the contrary in writing,Grantor shell measures Lender la At cost add expenses incurred in connection with the matters refined to in IN.paragraph. ANomeyan act- If Grantor fails to do any a the Mings referred Is in the preceding pare raph,Lender may do so for and in the name of Grantor and at Grantees expanse. Fa such purposes.Grantor hereby irrevocably appoints Lender as Grantor's affordaytio-fact for the purpose of making, execuarl defivenng, filing, recording,and dung at other things As hey helnecessary or desirable, in Landes safe opinion,to arecomplsN the matters refined to in the switching Paragraph. FULL PERFORMANCE. If Borrower and Cantor pay at the Indebtedness when due,and Grantor otherwise pedants an Se obligations imposed upon to Received: Grantor under Ms Deed of Trust.Lender shall exal execute and deer to Trustee a request far full reconveyance and shall execute and deBve,to Grantor suitable sfalements of terminated of any finanung statement on file evidencing Lenders security interest in the Rens and the Personal Properly. Any reconveyance fee required by few shall be paid by Grantor,if permitted by appiceble law. EVENTS OF DEFAULT. Each of Me rooming,at Lenders option,shall mnstilule an Event as Default under this Deetl a Trust: OCT � L Payment Default. Barawer falls to make any payment when due under the lndefi edness.l 1V L 0 2010 Other Detanowa uds, Boor Grantor fails to comply with Sr to perform any other ve term,bblgation,conant a condition cbntainod in the Deed of Trust a in any of the Related Dacuniene a to comply with or to perform any farm,obiabm,covenant or condition contained in any other Origin I Submittal -Anthony Smith Print Job Page7 10/20/2010 Document 2 of 2 = Order: F4610-18086 = • Page 4 of 1 DEED OF TRUST Loan No:170001549 (Continued) Page a agreement between Lender and Borrower or Grentor. Gompunrom named. Failure to comply with any other harm,obligation,covalent or condition sentiment in this Dead Of Trust,the Note or in any of the Related Document. Default on Other Payments. Failure of Grantor MIND the time required by this Dead of Trust to naive any payment for taxes or insurance,or any other payment necessary,to prevent filing of or to affect discharge Df any lien. Environmental Default. Failure of an party to comply with or perform when clue any term,obligation,covenant or condition contained in any environmental agrai fo ecuted in connection with the Property. Default In Favor of Thud Parties, Should Borrower or any Grantor default under ant loan,extension of credd,security agreement,purchase or sales agreement,or any other agreement,in favor of any other creditor of person Bat may metenalN affect any of Borrowers or any Grantees property or Bonower's Only to happy The Indebtedness or Borrowers or Granlrn's ability to perform trier respective obligations under this Dead N Trust or any of the Related Documents. False Statements. Any warranty,representation or statement made or furnished to Lender by Borrower or Grantor or on Borrowers or Granlor's behalf under this Deed of Trust a the Related Document's false or misleadingin any,material respect,either now or at the Door made or furnished m becomes false or misleading at any lime thereafter. Defective Gollaterallatlon. This Dead of Trusl a any of the Related Documents tenses to be in full force and effect(including failure of any collateral document to create a valid and perfacted secunty interest or Ben)at any time and ter any reason. Death or Inschi The dsso]ubon of Grantors inventions of whether election to continue is made),any member withdraws from the Iinsad liability company,or any other hi miralion of Borrowers or Grantees e»stence as if going business or the Distill of any member,the insolvency W Borrower a Grantor,the appointment of a receiver for any pan of Bodowei s a Grantor's property,any assignment for the benefit d creditors,any type of creditor workout,or the commencement of any proceeding under any bankruptcy al insolvency laws by or against Borrower or Grants. Credits of ForMture Proceedings. Commencement N forec]Dsut or forfelMe proceedings,whether by priced processing, WS-help, repossession s airy tither method by any credda of Borrower or Gmrror in by any governmental agency against any property securing the Indebtedness. This includes a gars shment of any of Bodowpls a Grantors accounts,including depose account,with Lender. However.this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which t the bass of the creditor u Ie future proceeding and it Borrower or Grantor gives Lender when nuke of the creditor or foreitum proceeding and deposit win Lender monies or a surety bond for the creditor or IMeiturs proceeding,in an amount determined by Lender,in its sole discretion, as being an adequate reserve or bond for the dispute. 1 drawn of ONef Agreement. Any breach by Borrower or Grantor under the terms of ads other agreement between Borrower of Grantor and Leader that's not remedied within any grace period provided ttemin,mobnding without Ismabon any agreement concerning any indebtedness or onrer cbngation of Borrower or Grantor to Lender,whether lotting now or lata. Events AffecBng Gumanlw.Any of the preceding event occurs with respect to any guarantor,endorser,surety,or accommodation party of any of the indebtedness or any guarantor,endorser,surety,or accommodation party dles of becomes incompetent,or revokes or disputes the validity of,of liabwty under,any Guaranty of the Indebtedness. Adverse Change. A material adverse charge occurs In Borrowers or Grantors financial condition,or Lender believes the prospect of payment or penedromm of Ne Indebtedonss is impaired. Insecurity. Lender in good With believes hell irseaae. Existing IMebbmrm e. The payment a any Installment of prindnal or any Interest on the Existing Indebtedness IS not made within the time requieed by the prorrrsssY Dole evida Ling such Indebtedness,ora default occurs under,the instrument securing such indebtedness and is not cued during any applicable grace period in such instrument,or any suit or other anion is commenced to foreclose any adsm,,Den on the Property. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occur under INS Deed of Trust,at any time thmeaBer,Trustee or Lender may exercise any one or mom of the following rights add remedies: Election of Remedies. Election by Lender TD pursue any remedy she not exclude pumull a any other remedy,and an election to make expenditures of to take action to Warm an D sgafon of Grantor under Ids Dead of Thrush,after Grantors failure to perform,shall not affect Lenders right to declare a defaufi and exercise it remedies. Accelerate Indebtednea. Lentler shall have the right at its opfion without Denver to Borrower or Grantor to declare the entire Indebtedness Immediately due and payable,including any prepayment Penalty which Borrower would be regsretl to pay. Foreclosure. With respect to all or any pan of the Real Property,the Trustee shall hive the right to foreclose by notice and sale,and Lander snail have In.right la forades.by Judicial forac osae,in either case in eawdo.with antl 1.the fop extant provided by applicable law. If Int Dead of Trust is faeaesed by judicial foreclosure,Lender will be entified to a judgment which will provide that it the foreclosure sale proceeds she Inefficient to sahsty the judgment,excculam they Issue for the amount of the unpaid balance of the judgment, UCC Remedies. Wdh respect to all or any part of the Personal Property.Lender shall have all the holds and remedies of a secured parry under the Uniform Commercial Glide. Cdket Rands Lender shall have Ba right,without nonce to BDDower or Grantor to take possession d and manage the Property and collect the Rent,including amount past due and unpaid and apply the net proceeds,over and above Lenders calls,against the lndebminess. In furtherance of this right,Lender may require any tenant or other uses of the Property to make payments at rent a use Ices OtaDay to Lender. If the Rents are coaectad by LeNsar.than Grantor Irrevocably designates Lender as Grantors aflano,,n-facl to endorse IralNment recall in payment thereof in ma name of Grantor and to negotiate the same and celled the proceeds. Payments by tenant or other user to Lander In - response to Isnders derriere shag satisfy the obligations far which the payment are made,whether or not any proper grounds for the demand reacted. Lender may exercise it right under this subparagraph either in person,by agent!or through a receive. Int Receiver. Lender shall have the N to have a reserver a oWend to lake possession of all m an d of the Pr Appoint ng PP any Property,won the power to protea)and preserve the Property,to of the r me Prnship, Paint g Indebtedness. s sale,and to collect Be Rent tom me Properly and apply the proceeds,over and above the cast N the receivership,against the Indebtedness. Tire receiver may serve without both if perrreBed by law. Lenchent right to t. appointment t of o reoeNer shall most whether o not tie apparent a rekre of the Property exceeds the Intlebletlness by a substnliel amount. Employment by lender sM1BB net disqualify a person tom serving as a receiver. ' Terarki at Sufferance. If Grantor remains in possession of the Property after the Drop"is sold es provided above or Lender otherwise becomes settled to possession of the Prop"upon dafaWl DI Borrower or Grantor,Grantor shall become a Ienant at sufferance of Lender or the purchaser at the Prop"and shall,at Lenders option,elver (1) pay a reasonable ren W for the use of Me 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 Iht Dead of Trust or the NOW or avalabk at law s in e Wty- Notice of Sate. Lender strait give Granlor reasonable notice of the time and placeof any public sale at the Pomona]Property or W the lime after private which airy sale a other intended disposition of the Personal ROD"is to be made. Reasonable Dalkon,shall mean notice given at leasl fifteen(15)days before the time of the sale or thipmeon. Any sale d the Personal Property may he made in conjud lem with any sale of Be Real Property. Sale of the Property. To the extent permifted by applicable law,Borrower and Gmnlor hereby waives any and an right to have Its Propedy moshaded. In exercising its right and remedies,the Trust.or lender shall be tee to sed all or any pan of the Property homier or separately,in oma sale or by separi sales. Lender shall be entitled to bid at any public sale on al or any potion of the Property. Attorneys'Fees Expenses. It Lender Institutes arty suit or action to enface any of to terns of the Dead of Trust,Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'fees at trial and upon any appall. Whether or not any cold action is ate Received: irwohred.and to the errant not prohibited by law,oil reasonable e�enses Lender Incurs that In Lenders opinion we necessary at any time or the prolecllon a its interest hu the enforcement of it rights shall become a pan of INe Indebtedness payable on demand and shat bear interest aT Ihe Note rale tom the Onto of the expenditure until repaid Expenses covered by this paragraph include,without limitation,however subject to any limit under applicable law,Lenders attorneys'fees and Lenders legal expenses,whether or not there is a lawsuit.including Attorneys'Was and expenses for baNuuptcy proceedings(including efforts to modiy a vocals any automatic stay or injunction),appeals,and any anticipated OCT 2 0 2010 posHudgment collection services,the cost of sa incling records,ob tans,lee reports(ine udkm,toreports,osua reports),surveyors'reps,and Origin I Submittal_,% Anthony Smith Printf Job Page 8 10/20/2010 Document 2 of 2 = Order: 14610-18086 = Page 5 of 1 I I DEED 9F TRUST Wan No:'170001509 Continued) i Pages epprood tees,hoe guarantee,and to,for the Trustee,be the extort pnrmided by appaorch,law. Grantor AND wN Pay WY cord casts,in addition to all other sums provided by few. Rights of Trustee.India.Sieg have all M engaged,and duties all Lander as$Al krfh in iNs sadiron. POWERS AND OBLIGATIONS OF TRUSTEE.The Mitering provisions dubbing to the powers and obligations of Trustee era part of lois Deed M Trust; Powers ofTrustee, in add ver to a powers M oweTrustee id,g as a M,i,Of few,Trustee shall Nava the adopt to take the foliowhg adding with M,M0 to iha Property upon the wren request of Lander and Greater: is)loin in preparing and fierg a map Or plat of the Rest PropeM, including the dedication of sheets or Other rights to ted public: (b)join in grmi irg any easement Or argui g any restricdan on Me Real Property, and(c)loin in Any subaddi ation or other agreement atkcdng in*Otto of Trust or the interest of Lender under this Cod of Trust. Obllggltms t0 Modify,Trustee Shell not be obagated b notify any other patty of a pending Salo under any other trust dead or lion,or M any action or proceed,rcJ in which Grantor.Lender.or Trustee shag be a party,unrest the action or proceeding IS broul l by Trustee. Trustee Trusted shaft meet at piaagacMets r dNkAd for Twore order apot a4le per. to addition Is Me rights and ramedws set tach above, with lesped to Ott or any pad of the Property,the Trustee shag have the right fo foreclose by notice and Sale,and Lender shah have the right M Ioredrse by ludidal faedotUM.In elder cad,In ocadence wah and In the full extant provided by applicable law. Successor TNatee. Lender,at Lender's ippon,may Nord time to this appoint a SmCesaa Trustee to any Trustee appointed rented INS Deed M Tmsl by an irsladevol execuled and acknowledged by Lander and recorded in the oNas of the recorder of Lane County,Slate of Oregon. The Instrument shag contain,in amadm to all other matters required by$lata se,Me nano,a the agfnal Lender.Trustee,and Greater,the hook and begin where INS Dead M Trust a recorded,And the name and address of ire SiNclad w trades,antl tae instrument shag Me WASioad and acknowledged by Lender or IN successors,In internal. The snerxsgot buster,without conveyance of the Property,Shall succeed to a the hill', pawn,add duties conferred upon the Trustee in this Dead of Trust and by applicable law.l This procedure ler substitution of Trustee geek govern W the estlusion Orf ail Quer Morse re fa subSNutim. i NOTICES. Any notice founded to be given undo this David of Trust,including without Relation any notice of default antl any polka of Sale shag led Shan in writing.and shag be seo"when aduagy dagverad,'amen aahvgy redea9d by kfefausimea(unless atiNmaa regWo by taw),when Oepovte0 with a nnonwy roWaNed Overnight mufisr,a,a demon.when deposited in Me Unfle l States mail,W fast doss,Ceriiged or registered nail postage pmpaM,deeded to the addresses shown near the begii mit of this Dead of Trust. AT drives a helices at toredodu a him Me holder d any tion which as priority oast this Dead M Trust Smog be seM b f ddos aft.,as shown neer the beginning of this Dead of Trust. Any Pad,Trey changes its address for nohceJ under this Deed of That by Wang formai wagon notice to the otter pedlm,speayieg that the Purpose Of the hands Is iO charge the polys address_ Fa notice purposes,Grantor agrees to keep Lander informed at aMooies of Goruces current address. Unless amuse provided a dagtnted by law.if there's more Man one Grants,any notice given by Lender to any Grantor is deemed to be notice given to all Granters. NOTICE OF FINAL AGREEMENT.ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY,EATEND CREDIT,OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. MiSCBLMEOUS PROVISIONS,The tolMwing nescelatWrus provisions sea a part On ues Deed at Treat. Amendment& Ind Deed of Trust,afford,with any Related Documents,cohSgWtes the entire understanding and agmemenl of the parkas as to l matters Set Soup,in this Dead of Trust. No at am,of a amendment up INS Dead of Treat SINK he suffo ive unless given in write,and signed by lea party or panics sought to be charged or bound by Me ismandre or amendment. Annual RePI II the Property is used fa purposes auto than G egoes msntonce,Grantor shall lumen to Lender,upon request,a creditedStatemo,at ices, Word,u,,me mcavad from the Ptapsh,dMhg Moron s previous fddal year in such form and Meet as Lehr siaO requke. No operating income'shag mean all cash receipts more the Property less at cash expenditures made In connection with the operation of the Rawly. Capfbn kleadhdgs Caption headitgs in ONS Deed of Trust are ler dowse d a purposestidy and an her to be used to irmmret Or defma or provisions at this Dead at TnsSl. Merger. Thea shag be no meager Of the unread or estate Goofed by this Cod M Treat,with eny other interest M Botta let the PoPMty at any time held by or fa the beneM of lander in any capably,without%NO whose demand a LM+dM, Governing Law. With respect to panel modem m,,d 10 Me peng floe and enforument of Lender's Oghfs against Me Property, hits Deed at Trust cow or 9rvamed by fele g,taw Appikabie to Lender And an the extant not preempted by tede Mw,the fears of de State as,OreWn. In a0~resp rchk this Deed W Trull will be govMnad by federal low appilC M0 W L ff NO,to Ute extent hit preempted by federal law,Me laws M the Stale of Washington without regard to Its c OICls of law IMOVlalm9, However,if fhere ever is a quaslbn chars,w0etho any W.Visbn or area Dead M Trust as valid 0r eMattalNe,Me prowsbn Met he gveslloned and be governed by Whichever slate or tederal have Would find the provision to be valid and"WmhNe.j The upon trmsaciM that is eNdanced by the MOM end this Deed of Trust has been applied for,cwsWred,approved and Mad,met au necessary Imo documents have been accepted by Lender In dm Sant OF Washington. Choke of Yanue. II there is a Nw$IAI,Grantor agrees upon Landark request la submit W the ju"COOn Of the mlxter of fora County,State of Washington. Jan)and Several Liability. AA pbAga9gts of BamaWa and Grants under INS Cort Of Trust Shag he joint and sedn't,and a9 mhxemas b Grantor shell mean each and every Ora ig,and all taNreros to BmoWM shall mean each and every Bmower. This makints that each Grantor Signing balew a responsible ler aabigadms in his Owed of Trust. Where any one a more of Me parties a a common,palm eop.intent 1iaUatq emfiam ur swear or creat angry,a a not nedassary for Latey to vgNtma oto th puwMs,N any of tea otrcMs.daMitag,a u tthors,mambas,err other agent haerg a,purporgrg to act on the entity's behalf,and any obggaide.made ed in reliance upon the professor exercise of such powers Seng be guaranteed under this Deed Of Trust, No Waiver by Lander. Langer Shag rot be doMd to have wwved arty rights under INS Dead a Trust mreas such waiver IS given M writing antl Signed by Lander. No delay a Sheraton on the pan of lender In M,wds,q any right shall operate as a waiver M Such right a any other right. A waive by lander Of a provision of this Deed W Trus shag nor w uake Or can,Ittule a waiver a Lmdki right otherwise 10 demand Strict and Grantor, «arty Meernyo f Londe rights dTrust of Wim waiveror Concha,taanycourse ddeatng between Lentler and Grants,shall Is require a under of any d Lander$nights a M any of Granton y Len Lender na to any dbe mansaaramer Whemvn Ing consent of Lenart is,moon under Iris Deed c Trust,gW granting of such censanl by,LaridM in any outhad sed not ar AM SO continuing g don$nd b wbseoueM irstamas where such dmsant a reqused adtd N erg Cases such mntaM mag be gmnMd a w.iMlaid in Me sMe oiscrMiaf M Landed. Sevemplllly. if a court Of comparent jttdsdcdon finds any,provinind of this Deed of Trull to be usage.awatint,a unenforceable as to any accomernme,turf dna e,thea hit make the ohenMm provson Negal,im n ed,a mwnfaceab!a as to any Ohio accumulates It teasels,Me oNeml dif provision shall be coreiaMed modified ad that it beacaws legal,valid and enforceable_ It the providing provision carnet be so modified. it shag ba considered deleted mom this Dead of Teal. Unless oMMwisa required by law.the ilwgality.Imdidiy,s uneniorceadeiy of any provisionaINS Dead aTntst shag fact stat Me Iagoly,-#dkf teSMSC RY aenY Order Pfovaan a INS Deed d Thai. Sucaass n,and Assigns. Sehisdf to any kntatiore slated in this peed at Trust on hensfw of Grandes interest.this Dead d Trust shall be bindng upon and Inde to Md len 1 Orf the Patios,tWr su sor,and Assgns. if ownmsmp a iha Propady becomes vested in a person OIhM roan Grants,ramie,whema notice M Grantor,may deal with G es,successors won defsh mir M this Deed of That antl the Indebtedness by way at fpNmrama a eMenson"hour raJeasirg Grantor from the obligations of this Dead of Trust or lability under the Indebtedness. Time as Of Me�,Time sort fee a asame In he perfartance a mor Deed M Trus.I Waiver of HomeMead Exempiled. Grantor Irereby releases and wAlves all rights and tr1sh15 01 Me homasbad exemption laws of the Stale of Oregon as M all Ire abteOredS aecaed by this Deed Of Trust. CMMuarcW Deed at Trust.Grantor agrees with Lender Mat Ops Dead of Treat is a Cam dei dead of truss,and that Gants will nM change the oto a the Property wMoul Lmdn'S prior wren consent. OETINITIONS. The foaaweg mpaMl wads and WM Sieg have the Idb"MeaMnge wend used in Ma Deed at Treat. UnieSS spceifwa9y Date Received: Surged to the contrary,all references to dollar amounts shall mean amounts in Nedul money d the United$farm of America. Wad;and termsm used IMS singular shelf Include the plural.and the plural shall include the singui as the conteri may ns,quirs. Wads and terms not OMANI defined In this Dead M Trust shall have the mmnegs aftrbutaa to Such Items in the Uniform COMM dOW Code: Benedciary.The word'Benef coy-means FOUNDATION BANK and is sumessrs and assigns, /sl rO O y Lrauar�o BOfYAWM. The word MoaowM'means More S.McDonald and imgudes -all cogmrs and Co-makers signing the Note and all their succesOsors C 0699 al Submittal I Anthony Smith PrintSob Page 9 10J20J2010 • • bocanent 2 of 2 = Order: E4610-18086 = Page 6 of 1 DEED OF TRUST Loan No:170001549 (Continued) Page 6 end assigns. paid dt Trust. The words'Deed of TmsC mean this Dred of Trust among Grantor.Lender,and Trustee,and indudas without limaation all assignment and security interest prep tions retailing to the Personal Properly end Hands. Default.The wad'Delautt'mans the De%uh set Mrlh in lilts Dead of Trust in Me section tiled meb u1P. Event of Default. The words Event of Delautr mean any of the events of default set forth in this Geed of Trust in Me event of default section of M5 Deed of Trust. Existing Indebtedness. The wars Edabng Indebledrlazs mean the indebtedness descnbed in the Easling Liam provision of this Deed of Trust. Grantor.The wad'GrentW means SPRINGFIELD V,LLC. Guemnly. The wad"Guaranty'means the guaranty from guarantor,endorser,surety,Or accommodation party to Lender,Including wiNoul finotallon a guaranty of all or pelt of the Note. Improvements. The word Improvements"means all i dsbng and Uwe Improvements,buildups,structures,mobile homes affi ed on the Real Property,faced additions,replacements and ofer construction on the Real Property. tndebtednees. The word Indebtedness'means all principal,Interest,and other amounts,costa and expenses payable under the Note or Related Documents,together with an renewals of."ensioms or,modifications of consdidations of and substitutions for the Note or%also Document and any amount expended or advanced by Lender to discharge Grantors obligations Or expenses incurred by Trustea or Lender to enface Grantor's obligations under Iht Dead d Trust,together with interest on such amount es provided In this Dead d Trust. Lender. The word lender maem FOUNDATION BANK,it successors and asvgns. Note. The word Note means the promissory nate dated June 25,2009,in the ollglDal principal amount of$1,250,000.00 no. Borrower to Lender,together with a renewals of,extempore of,modification;of,refine angs d,consolidations,of and subsldu0oa for the promissorynate or egrewhi The maWnly date of the Note t Juno 25,2016. Personal Property. The words'Persoral Properly'mean all equipment,fixtures,and other articles of personal properly now a lstreafer Owned by Grantor,and now a hp Wt*attached or affixed to the Real Properly;Ingather wtlh ad accessions,parts,and additions to,all replacement at, and all subsMldiorrs for.any st such propel and together with all proceeds(including without Mutation aN insurance proceeds and refunds of premium)from any sate or other dispassion of the Property. Property.The wad Tropedy'mars collectively the Real Properly and the Personal Properly. Reel Property.The wants Most Property'mean the real property,Interest and right,asIWiner desartad in this Deed of Trust. Related Documents. The words 'Aetate l Document' mean 0 promissory notes, credit agreements, loan agreements, envkanmentel agreements, guaranties, secunty agreement; mortgages, deeds of trust, securely deeds.collateral malgages, and all other instrument, agreement and document,whether now or hereaaer existing,exeauled in connection with the Indebtedness. Rents. The word Trent'means all present and futum ront,revenues,income,issues,lroyalres,profit,and other benefits derived from Me Properly. Trustee. The word Trustee means Western Title 8 Escrow Company of Lane County,veinal address Is 497 Oakway Rad,Suite 340,Eugene. OR 01401 and any substfute or successor Iruslees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST,AND GRANTOR AGREES TO ITS TERMS. GRANTOR: SPRINGFI ey: Mah diectuchrudd,Manager W SPRINGFIEUDII.LLC �777 LIMITED LIABILITY COMPANY ACKNOWLEDGMENT STATE OF t'1A ) )SS COUNTY OF�� On this `J"C.O. day of Ir ///L-Q 20 before U. the undermined Notary Public, personally appeared Mark McDonald,Manager of SPAIN IELD Ver .ULC,end known to me to be a member or designated agent of the limited liability company that executed the Dead of Trust and acknowledged the.Dgedof Trus!AO be the Irene and voluntary act and dead of the limited liablly company,by authority of statute,it articles d aganiralion or it Opaeareg egreamnl;Ice Me uses end purposes therein mentioned,and on alh stated that he Or she is suclypex�ecute/Iy�s,D�qd of Trust and In Not eseculed the Dead o17lust on behalf of the lam' d liability comp/any,. Reslding al LnR r-✓. Notary Pudic Ina ism the State of L✓�: fay aommisgan expires E/ D`L ZL REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in hurt To: ,Trustee The undersigned is the legal Owner and holder d all Indebtedness secured by MIs Deed ofTru sL All sum secured by the Dead d Trust hew been tarry paid and safisfied. You are hereby directed,Man payment to you of any sum owing to you under the term of this Dred of Trust or pursuant to any applicable stadia.to cancel the NOW secured by this Dead of Trust(which is delivered to you together with this Dead W Trust),and to reconvev without w...rity.to and Reteaea Des desn5livd by the terms of Mt Dead of Trust,the estate now eto by you under this Deed of Trust. Please mad the Data: Beneficiary: ate Received: Ey Its, OCT 2 0 2010 LASER PRO Lending, Ver. 5A4.00.0D2 Copr. Harland Financial Solutions, Inc. 1997, 2009. Ad Right 7az d. - ORMA S:LLASERPRO\CFhLPL1GOISC TR-2661 PR-19 Orin ial Submittal Anthony Smith PrintlJob Page 10 10/20/2010