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2007-1466-Order No. 2007-122 Recorded 8/29/2007REVIE D L GAL C UNSEL DESCHUTES COUNTY OFFICIAL NANCY BLANKENSHIP, COUNTY COMMISSIONERS' JOURNAL !gill I i RECOR CLERKDS Q 1007.IG 08/29/2007 04:13:20 PM BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON An Order Determining and Certifying Final Assessments for Local Improvements against Certain Benefited Real property ORDER NO. 2007-122 within Choctaw II L.I.D., Setting Terms for Payment, and Requiring Notices. WHEREAS, pursuant to Resolution No. 2006-096 the Board of County Commissioners of Deschutes County, Oregon, caused local improvements to be made to a portion of Choctaw Road and Agate Road, dedicated public roads within the Choctaw II L.I.D., in Deschutes County, Oregon, as described in Section 1 of Resolution No. 2006-096 and incorporated herein by reference ("the Improvements"); and WHEREAS, the Improvements have been completed, all costs have been accounted for on the project and a final assessment reflecting actual costs of the Improvements has been determined for each benefited property; and WHEREAS, all benefiting property owners have been notified of the amount of the final assessment and the time for a hearing on the final assessment; and WHEREAS, the Board of County Commissioners of Deschutes County, Oregon, held a hearing on August 22, 2007 in accordance with law to fix the final assessment for the Improvements benefiting certain real property in Choctaw II L.I.D. in Deschutes County, Oregon; now, therefore, THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as follows: Section 1. Determination of Final Assessment Amounts. The final assessments for local improvements made to the dedicated public roads within the Choctaw II L.I.D., are hereby determined and declared in the amounts listed in Exhibit "A" attached hereto and by this reference incorporated herein as to each property listed therein. Section 2. Certification and Imposition of Assessments. The final assessments listed in Exhibit "A" are hereby certified and imposed against the listed properties as of the date of this order. Page 1 of 2 - ORDER NO. 2007-122 - Choctaw 11 LID Section 3. Payment Options and Terms. Pursuant to Deschutes County Code 12.48.260, property owners shall have the option of paying the assessment in full, or upon application made to the Road Department Director by installment payments under terms set forth in Section 4 below, 30 days after final assessment is certified. The terms included in this resolution shall apply to current owners of assessed properties and to their successors in interest. Section 4. Notice of Assessments. The Road Department Director shall cause to be published notice of the final assessment on September 10, 2007 and September 17, 2007 in a form in substantial compliance with that set forth in Exhibit "B" as to all benefited properties. Each owner of property to be assessed shall be mailed a copy of said notice listing the final assessment for the individual owner's property and an application and agreement to finance improvements, as set forth in Exhibit "C", attached hereto and by this reference incorporated herein. Section 5. Rate of Interest. In the event that the application and installment payment agreements for this local improvement district are utilized for the purpose of applying for financing property owners' final assessments, or a portion of the final assessment, the interest rate shall be 6.24%. Section 6. Lien. This order shall be filed with the County Clerk and the County Clerk shall, upon the filing of this Order, record and index it upon the appropriate lien docket of Deschutes County. Such final assessment liens shall have priority over all other liens and encumbrances whatsoever on the assessed properties, except tax liens. DATED thiE7Z1k-0( day of , 2007. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES, COUNTY, OREGON MICHAEL"-ALY, ATTEST: C-14~_/. - --1C. DEN R. LUKE VI Recording Secretary TAMM NEY, C R IR MISSIONER Page 2 of 2 - ORDER NO. 2007-122 - Choctaw 11 LID EXHIBIT "A" CHOCTAW II L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 1. ALAMEDA,STANLEY R 181126B003100 $6,531.00 DAHL,YVONNE L Lot 133 Block PP 18964 CHOCTAW RD DESCHUTES RIVER WOODS BEND, OR 97702 2. ARCHULETA, RONALD 181126B003600 $6,531.00 18984 CHOCTAW RD Lot 138 Block PP BEND, OR 97702 DESCHUTES RIVER WOODS 3. ARDINGER,SCOTT GREGORY 1811230007800 $6,531.00 ARDINGER,SOFIA Lot 111 Block PP 18880 CHOCTAW RD DESCHUTES RIVER WOODS BEND, OR 97702 4. BROCK,JENNIFER 1811230008300 $6,531.00 POLANCHECK,ANDREW Lot 116 Block PP 18900 CHOCTAW RD DESCHUTES RIVER WOODS BEND, OR 97702 5. CHAPEL,WILLIAM 0 181126B004100 $6,531.00 18891 CHOCTAW RD Lot 11 Block YY BEND, OR 97702 DESCHUTES RIVER WOODS 6. DESMOND,PATRICIA L 181126B003500 $6,531.00 1715 LAGUNA ST Lot 137 Block PP SANTA BARBARA, CA 93107 DESCHUTES RIVER WOODS 7. DURFEE,DAVID J. 181126B003200 $6,531.00 HUGHES,DAWN Lot 134 Block PP 18968 SW CHOCTAW RD. DESCHUTES RIVER WOODS BEND, OR 97702 8. ENGLISH,SANDRA L LIN 1811230006700 $6,531.00 8372 MUNSTER DR Lot 6 Block YY HUNTINGTON BEACH, CA 92642 DESCHUTES RIVER WOODS 9. EVERETT,TINA M 1811230006800 $6,531.00 EVERETT,WILLIAM N Lot 5 Block YY 18861 CHOCTAW RD DESCHUTES RIVER WOODS BEND, OR 97702 10. FOSTER,STEPHEN D 1811230007600 $6,531.00 FOSTER,TONI L Lot 109 Block PP 61149 S. HIGHWAY 97, PMB 212 DESCHUTES RIVER WOODS BEND, OR 97702 Page 1 of 5 Choctaw II L.I.D. Final Assessment EXHIBIT "A" CHOCTAW II L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 11. FRASER,LYNN E 1811230007500 $6,531.00 FRASER,MARTHA G Lot 108 Block PP FRASER,TERRY L DESCHUTES RIVER WOODS 18870 CHOCTAW RD BEND, OR 97702 12. FRIESEN,AMANDA DETWEILER,DUSTIN 17461 CURLEW BEND, OR 97707 1811230008800 Lot 121 Block PP DESCHUTES RIVER WOODS $6,531.00 13. GARNER,JENEE GARNER,RANDALL LANCE 19684 ALEXANDRITE ST BEND, OR 97702 14. GREAT WESTERN HOMES 1495 CHEEK ST. SPRINGFIELD, OR 97477 15. HARKNESS,MARK RICHARD TRUSTEE 460 NEWTON AVE OAKLAND, CA 94606 1811230008600 Lot 119 Block PP DESCHUTES RIVER WOODS 181126B002000 Lot 122 Block PP DESCHUTES RIVER WOODS 181126B002800 Lot 130 Block PP DESCHUTES RIVER WOODS 16. HARRISON G ROWE TRUST 181126B002200 ROWE,HARRISON G TRUSTEE Lot 124125 Block PP 18928 CHOCTAW RD DESCHUTES RIVER WOODS BEND, OR 97702 17. HEGG,CARL L 181126B002400 PO BOX 8057 Lot 126 Block PP BEND, OR 97708 DESCHUTES RIVER WOODS 18. KARPSTEIN,KAREN KARPSTEIN,STUART W PO BOX 9250 BEND, OR 97708 1811230008200 Lot 115 Block PP DESCHUTES RIVER WOODS 19. KEEFER,ARDEN KEEFER,JERI 7759 LION ST. RANCHO CUCAMONGA, CA 91730 181126B005100 Lot 29 Block XX DESCHUTES RIVER WOODS $6,531.00 $6,531.00 $6,531.00 $6,531.00 $6,531.00 $6,531.00 $6,531.00 Page 2 of 5 Choctaw II L.I.D. Final Assessment EXHIBIT "A" CHOCTAW II L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 20. KEOWN,KEVIN S 181126B002900 $6,531.00 KEOWN,LISA D Lot 131 Block PP 18956 CHOCTAW RD DESCHUTES RIVER WOODS BEND, OR 97702 21. LUFF,DANIEL C 1811230006600 $6,531.00 18873 CHOCTAW RD Lot 7 Block YY BEND, OR 97702 DESCHUTES RIVER WOODS 22. LUOMA,DALE N 181126B003400 $6,531.00 LUOMA,LAURIE A Lot 136 Block PP 18976 CHOCTAW RD DESCHUTES RIVER WOODS BEND, OR 97702 23. MACKINGA,BRETT J 1811230007700 $6,531.00 MACKINGA,CHANTAL M Lot 110 Block PP 14 WHISH ST. DESCHUTES RIVER WOODS WINDSOR LD 4030, AUSTRALIA 24. MARTIN,PETER 181126B002600 $6,531.00 18944 CHOCTAW RD Lot 128 Block PP BEND, OR 97702 DESCHUTES RIVER WOODS 25. MCLAUGHLIN, LINDA M 1811230006500 $6,531.00 PO BOX 8281 Lot 8 Block YY BEND, OR 97708 DESCHUTES RIVER WOODS 26. MCNEILL,JAMES L 181126B002100 $6,531.00 MCNEILL,TINA Lot 123 Block PP 18924 CHOCTAW RD DESCHUTES RIVER WOODS BEND, OR 97702 27. MILLER,LYSA D 181126B002500 $6,531.00 18940 CHOCTAW RD. Lot 127 Block PP BEND, OR 97702 DESCHUTES RIVER WOODS 28. MITCHELL, BRADLEY C WATANABE-MITCH ELL, LINDA C 18892 CHOCTAW RD BEND, OR 97702 29. OGDEN,MICHAEL W OGDEN,PAGE M 18887 CHOCTAW RD BEND, OR 97702 1811230008000 $6,531.00 Lot 113114 Block PP DESCHUTES RIVER WOODS 1811230006300 $6,531.00 Lot 10 Block YY DESCHUTES RIVER WOODS Page 3 of 5 Choctaw II L.I.D. Final Assessment EXHIBIT "A" CHOCTAW II L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 30. REYNOLDS,DEBRA 1811230008700 $6,531.00 18912 CHOCTAW RD Lot 120 Block PP BEND, OR 97702 DESCHUTES RIVER WOODS 31. ROEMHELD,CAROLYN 1811230008500 NICKLAW,JACK Lot 118 Block PP 1288 SW SIMPSON AVE, 1-118 DESCHUTES RIVER WOODS BEND, OR 97702 32. ROEMHELD, CAROLYN 1288 SW SIMPSON AVE, 1-118 BEND, OR 97702 1811230008501 Lot 117 Block PP DESCHUTES RIVER WOODS 33. RUSSELL,JANET MREVOCABLE 181126B003700 TRUST Lot 139 Block PP RUSSELL,JANET M DESCHUTES RIVER WOODS 6432 RIVERGROVE DR DOWNEY, CA 90240 34. RUSSELL,JANET MREVOCABLE 181126B003800 TRUST Lot 140141 Block PP RUSSELL,JANET M DESCHUTES RIVER WOODS 6432 RIVERGROVE DR DOWNEY, CA 90240 35. SCHUMAN,ALAN 18960 CHOCTAW RD BEND, OR 97702 181126B003000 Lot 132 Block PP DESCHUTES RIVER WOODS 36. SECHRIST,JUDY L SECHRIST,MAURICE M 18883 CHOCTAW ROAD BEND, OR 97702 37. STALEY, BEVERLY A STALEY,RICHARD E PO BOX 9457 BEND, OR 97708 38. THREET,JOEL THREET,KAREN 18909 CHOCTAW RD BEND, OR 97702 Page 4 of 5 Choctaw II L.I.D. Final Assessment 1811230006400 Lot 9 Block YY DESCHUTES RIVER WOODS 181126B005000 Lot 13 Block YY DESCHUTES RIVER WOODS 181126B004000 Lot 12 Block YY DESCHUTES RIVER WOODS $6,531.00 $6,531.00 $6,531.00 $6,531.00 $6,531.00 $6,531.00 $6,531.00 $6,531.00 EXHIBIT "A" CHOCTAW II L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 39. TURSKY,JASON J 181126B002700 $6,531.00 TURSKY,MELISSA R Lot 129 Block PP 18948 CHOCTAW RD DESCHUTES RIVER WOODS BEND, OR 97702 40. WRIGHT,BRIAN N WRIGHT,MICHELLE A 18972 CHOCTAW RD BEND, OR 97701 181126B003300 Lot 135 Block PP DESCHUTES RIVER WOODS $6,531.00 Page 5 of 5 Choctaw II L.I.D. Final Assessment EXHIBIT "B" NOTICE OF ROAD IMPROVEMENT FINAL ASSESSMENT August 28, 2007 TO: Owners of Assessed Properties located in Choctaw II Local Improvement District, lying within Deschutes River Woods Subdivision On August 22, 2007 the Board of County Commissioners of Deschutes County, Oregon adopted Order No. 2007-122, determining the amount of and certifying assessments, for local improvements made to dedicated public roads within the Choctaw II L.I.D., on and against properties benefiting from those improvements, as set forth in this notice. The scope of the local improvement project is as set forth in Resolution 2006-096 of the Board of County Commissioners. Owners of the assessed properties listed herein have the option of paying the assessment in full by October 15, 2007 or, upon application filed by October 15, 2007 with the Deschutes County Road Department Director, in installment payments over a 10-year period. Failure to either file an installment payment application or to pay the assessment in full by October 15, 2007 will result in the account being delinquent and subject to foreclosure under applicable County ordinances and State law. Owners wishing to pay in full may do so on or before October 15, 2007. Payment is to be made to the Deschutes County Finance Department, Deschutes Services Building, 1300 NW Wall St., Suite. 200, Bend, OR 97701. Owners wishing to pay in installments must fill out the attached application form provided by the County. Multiple lot owners are required to have an application for each lot. Such application(s) must be signed and filed with (received by) the Road Department Director, 61150 SE 27th St., Bend, OR 97702 no later than October 15, 2007. Failure to submit an application by that date may result in rejection of an installment payment application option. Property owners over 62 years old who apply to pay in installments may be eligible for deferral of the installment payments. Beginning on October 15, 2007, interest will be charged at the rate of six point twenty-four percent (6.24%) per annum on all unpaid assessment amounts. Questions should be addressed to George Kolb, County Engineer, at 61150 SE 27th St., Bend, OR 97702 (541) 322-7113. BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON By: Tom Blust Road Department Director EXHIBIT "B" CHOCTAW II L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 1. ALAMEDA,STANLEY R 181126B003100 $6,531.00 DAHL,YVONNE L Lot 133 Block PP DESCHUTES RIVER WOODS 2. ARCHULETA, RONALD 181126B003600 $6,531.00 Lot 138 Block PP DESCHUTES RIVER WOODS 3. ARDINGER,SCOTT GREGORY 1811230007800 $6,531.00 ARDINGER,SOFIA Lot 111 Block PP DESCHUTES RIVER WOODS 4. BROCK,JENNIFER 1811230008300 $6,531.00 POLANCHECK,ANDREW Lot 116 Block PP DESCHUTES RIVER WOODS 5. CHAPEL,WILLIAM O 181126B004100 $6,531.00 Lot 11 Block YY DESCHUTES RIVER WOODS 6. DESMOND,PATRICIA L 181126B003500 $6,531.00 Lot 137 Block PP DESCHUTES RIVER WOODS 7. DURFEE,DAVID J. 181126B003200 $6,531.00 HUGHES,DAWN Lot 134 Block PP DESCHUTES RIVER WOODS 8. ENGLISH,SANDRA L LIN 1811230006700 $6,531.00 Lot 6 Block YY DESCHUTES RIVER WOODS 9. EVERETT,TINA M 1811230006800 $6,531.00 EVERETT,WILLIAM N Lot 5 Block YY DESCHUTES RIVER WOODS Page 1 of 5 Choctaw II LID Final Assessment EXHIBIT "B" CHOCTAW II L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 10. FOSTER,STEPHEN D 1811230007600 $6,531.00 FOSTER,TONI L Lot 109 Block PP DESCHUTES RIVER WOODS 11. FRASER, LYNN E 1811230007500 $6,531.00 FRASER,MARTHA G Lot 108 Block PP FRASER,TERRY L DESCHUTES RIVER WOODS 12. FRIESEN,AMANDA 1811230008800 $6,531.00 DETWEILER, DUSTIN Lot 121 Block PP DESCHUTES RIVER WOODS 13. GARNER,JENEE 1811230008600 $6,531.00 GARNER,RANDALL LANCE Lot 119 Block PP DESCHUTES RIVER WOODS 14. GREAT WESTERN HOMES 181126B002000 $6,531.00 Lot 122 Block PP DESCHUTES RIVER WOODS 15. HARKNESS,MARK RICHARD 181126B002800 $6,531.00 TRUSTEE Lot 130 Block PP DESCHUTES RIVER WOODS 16. HARRISON G ROWE TRUST 181126B002200 $6,531.00 ROWE,HARRISON G TRUSTEE Lot 124,125 Block PP DESCHUTES RIVER WOODS 17. HEGG,CARL L 181126B002400 $6,531.00 Lot 126 Block PP DESCHUTES RIVER WOODS 18. KARPSTEIN,KAREN 1811230008200 $6,531.00 KARPSTEI N, STUART W Lot 115 Block PP DESCHUTES RIVER WOODS Page 2 of 5 Choctaw II LID Final Assessment EXHIBIT "B" CHOCTAW II L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 19. KEEFER,ARDEN 181126B005100 $6,531.00 KEEFER,JERI Lot 29 Block XX DESCHUTES RIVER WOODS 20. KEOWN,KEVIN S 181126B002900 $6,531.00 KEOWN,LISA D Lot 131 Block PP DESCHUTES RIVER WOODS 21. LUFF,DANIEL C 1811230006600 $6,531.00 Lot 7 Block YY DESCHUTES RIVER WOODS 22. LUOMA,DALE N 181126B003400 $6,531.00 LUOMA,LAURIE A Lot 136 Block PP DESCHUTES RIVER WOODS 23. MACKINGA,BRETT J 1811230007700 $6,531.00 MACKINGA,CHANTAL M Lot 110 Block PP DESCHUTES RIVER WOODS 24. MARTIN,PETER 181126B002600 $6,531.00 Lot 128 Block PP DESCHUTES RIVER WOODS 25. MCLAUGHLIN, LINDA M 1811230006500 $6,531.00 Lot 8 Block YY DESCHUTES RIVER WOODS 26. MCNEILL,JAMES L 181126B002100 $6,531.00 MCNEILL,TINA Lot 123 Block PP DESCHUTES RIVER WOODS 27. MILLER,LYSA D 181126B002500 $6,531.00 Lot 127 Block PP DESCHUTES RIVER WOODS Page 3 of 5 Choctaw II LID Final Assessment EXHIBIT "B" CHOCTAW II L.I.D. FINAL ASSESSMENT NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT 28. MITCHELL, BRADLEY C 1811230008000 $6,531.00 WATANABE-MITCHELL,LINDA C Lot 113,114 Block PP DESCHUTES RIVER WOODS 29. OGDEN,MICHAEL W 1811230006300 $6,531.00 OGDEN,PAGE M Lot 10 Block YY DESCHUTES RIVER WOODS 30. REYNOLDS,DEBRA 1811230008700 $6,531.00 Lot 120 Block PP DESCHUTES RIVER WOODS 31. ROEMHELD,CAROLYN 1811230008500 $6,531.00 NICKLAW,JACK Lot 118 Block PP DESCHUTES RIVER WOODS 32. ROEMHELD, CAROLYN 1811230008501 $6,531.00 Lot 117 Block PP DESCHUTES RIVER WOODS 33. RUSSELL,JANET MREVOCABLE 181126B003700 $6,531.00 TRUST Lot 139 Block PP RUSSELL,JANET M DESCHUTES RIVER WOODS 34. RUSSELL,JANET MREVOCABLE 181126B003800 $6,531.00 TRUST Lot 140,141 Block PP RUSSELL,JANET M DESCHUTES RIVER WOODS 35. SCHUMAN,ALAN 181126B003000 $6,531.00 Lot 132 Block PP DESCHUTES RIVER WOODS Page 4 of 5 Choctaw II LID Final Assessment EXHIBIT "B" CHOCTAW II L.I.D. FINAL ASSESSMENT 36 37 38 39 40 NAME OF PROPERTY FINAL PROPERTY OWNER DESCRIPTION ASSESSMENT SECHRIST,JUDY L 1811230006400 $6,531.00 SECHRIST,MAURICE M Lot 9 Block YY DESCHUTES RIVER WOODS STALEY,BEVERLY A 181126B005000 $6,531.00 STALEY,RICHARD E Lot 13 Block YY DESCHUTES RIVER WOODS THREET,JOEL 181126B004000 $6,531.00 THREET,KAREN Lot 12 Block YY DESCHUTES RIVER WOODS TURSKY,JASON J 181126B002700 $6,531.00 TURSKY,MELISSA R Lot 129 Block PP DESCHUTES RIVER WOODS WRIGHT,BRIAN N 181126B003300 $6,531.00 WRIGHT,MICHELLE A Lot 135 Block PP DESCHUTES RIVER WOODS Page 5 of 5 Choctaw II LID Final Assessment EXHIBIT "C" INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED. YOU MUST RETURN ALL 3 PAGES OF THIS APPLICATION APPLICATION AND INSTALLMENT PAYMENT AGREEMENT TO FINANCE ASSESSMENT FOR LOCAL IMPROVEMENTS IN CHOCTAW II LOCAL IMPROVEMENT DISTRICT TO: Deschutes County Board of Commissioners c/o Deschutes County Road Department Director 61150 SE 27th St. Bend, OR 97702 Pursuant to Chapter 12.48.260 of the Deschutes County Code, I (we) (hereafter referred to as "Applicant" of "Applicants") apply to finance the final assessment (hereafter referred to as "Final Assessment") levied against the Property (see legal description) benefited by certain local improvements made to dedicated public roads within the Choctaw II L.I.D. The Final Assessment was determined and levied against the Property by Order 2006-096, of the Board of County Commissioners and docketed upon the Docket of Local Improvement District Liens of Deschutes County, Oregon. Applicant(s) own(s) the Property benefited by the described local improvement and assessed for the costs of those improvements. The Property is described as follows: Legal Description: Volume: ((Volume)) Page: ((Page)) Lot ((LOT)) Block ((BLOCK)) SUBDIVISION: DESCHUTES RIVER WOODS Tax Lot Number: ((ACCOUNT)) Ownership information on the Property is as follows: Owner's name: ((NAME1)) ((NAME2)) ((NAME3)) Owner's address: ((ADDRESS)) ((CITY)), ((STATE)) ((ZIP)) Applicant(s) acknowledge(s) that the amount of the Final Assessment levied against the property is $6,531.00 and that the Final Assessment arises from local improvements made to the dedicated public road within the Choctaw II L.I.D., in Deschutes County, Oregon, which project is known as the Choctaw II L.I.D., as described in Resolution No. 2006-096 of the Board of County Commissioners. ((ACCOUNT)) - ((NAME1)) - Page 1 of 3 Applicant(s) agree(s) to pay the Final Assessment on the Property over a period of up to 10 years, as outlined in this document. Applicant(s) acknowledge(s) that the interest rate set by the Board of County Commissioners has been set at a rate sufficient to pay a proportionate part of the costs of administering the assessment program and financing indebtedness authorized under Deschutes County Code and Oregon law. Applicant(s) agree(s) to pay interest at that rate. Applicant(s) further acknowledge(s) that financed assessment amounts are a lien against the Property. In applying to finance payment of the Final Assessment, Applicant(s) agree(s) to make installment payments under the following terms: 1. Basis of Payment Terms. The payment schedule set forth in this document are based upon the assumption that the entire amount of the $6,531.00 Final Assessment will be financed over a ten-year period with 20 equal installment payments. Applicant(s) may choose to finance less than the entire amount of the Final Assessment by making principal payments at any time in advance of OCTOBER 15, 2007, but that election shall operate only to reduce the outstanding principal amount and shall not change the amount of installment payment as set forth in Paragraph 2 of this document. 2. Terms. Installment payments on the $6,531.00 Final Assessment shall be due in equal semi-annual installments of $443.87, including interest at a rate of 6.24% per annum accruing from October 15, 2007, until all outstanding assessment amounts and interest thereon are paid. Installment payments shall be due and payable on April 1 and on October 1 of each year, starting on October 1, 2007, until all outstanding amounts have been paid. Unless you receive notice to the contrary, payment shall be made to the Deschutes County Finance Department, Deschutes Services Building, 1300 NW Wall St., Suite 200, Bend, OR 97701. 3. Prepayment. Prepayments will be accepted at any time without penalty, applied first to accrued interest and then to principal. Upon request, prepayments may be applied to meet the next installment payment due. 4. Payment on Delinquent Accounts. This account will be delinquent if full payment of any semi-annual installment has not been received by the due date. Payments on accounts with delinquencies shall be applied to accrued interest first. 5. Enforcement and Collection. The Final Assessment is not a personal obligation of Applicant(s). The Final Assessment is a charge against the Property only. If any scheduled semi-annual installment payment, or any amount thereof, remains unpaid for more than one year after it is due, the County may undertake actions against the Property to collect such delinquencies, including foreclosure, for the entire outstanding final assessment amount, accrued interest and costs, as allowed by Chapter 12.48 of the County Code and applicable state law. Failure of the County to assert any rights it may have under law and this agreement regarding enforcement and collection shall not constitute a waiver of any of County's rights to enforce and collect the assessment. ((ACCOUNT)) - ((NAME1)) - Page 2 of 3 6. Terms Binding on Applicant's Successors in Interest. The terms of this installment application and agreement run with the Property and bind any of the Applicant(s)'s successors in interest. 7. Deferral of Payments. Qualifying Applicant(s) may defer payments under this installment agreement pursuant to the provisions of ORS 311.702 - 311.735 upon completion of a separate application to the County Finance Department. Such application, if accepted, does not terminate the provisions of this agreement. Failure of the Oregon Department of Revenue to pay installment payments deferred by still- qualifying Applicant(s) shall be regarded as a default under this agreement. Applicant(s) desiring to defer installment payments must first complete an application and agreement to pay the Final Assessment amount in installments. 8. THIS APPLICATION AND AGREEMENT MUST BE RECEIVED IN THE OFFICE OF THE ROAD DEPARTMENT DIRECTOR NO LATER THAN 5:00 PM ON OCTOBER 15, 2007. FAILURE TO COMPLETE AND SIGN THIS FORM AS WRITTEN BY THAT TIME MAY RESULT IN REJECTION OF THIS APPLICATION. This application and agreement is submitted in accordance with the provisions of Chapter 12.48.260 of the Deschutes County Code. In consideration of and pursuant to these legal considerations, the Applicant(s) as owner(s) of the Property, does (do) hereby expressly waive all irregularities or defects, jurisdictional or otherwise, as to the following: (1) In the proceedings to cause the local improvement for which the Final Assessment has been levied; (2) In the apportionment of the actual cost of the local improvement to individual properties and the calculation of the actual cost of the local improvement. Applicant(s) acknowledge(s) that the Property is legally charged with the Final Assessment set forth in this document. Dated this day of , 200 Applicant(s): Signature Signature Signature Signature ((ACCOUNT)) - « NAME1)) - Page 3 of 3