HomeMy WebLinkAbout1996 - Trustee's Quit Claim Deed - Wood Edmund / Gonzalez Edward / PARMAX LLC - 96080609779608060977
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AUG -28 -96 WED 03:10 PM AIKEN AND FINE FAX NO, 2067280754 P. 02/04
fIRST AMERICAN TITLE L./
TRUSTEE'S OUITTJ.AJM DEO)
I. hand paid. the Grantor herein. EDMUND J. WOOD, es the ddy appointed, g IN CONSIDERATION OF TEN DOLLARS ma 00) and other valuable consideration, in t .
rwh.d and eetleg
C Trades for the beukenpeey estate of Edward Gowan and Carolyn J. Gemmles, proceedings M the 6
United Satan Real uptcy Court for the Wrung Diaries of Wnit6thtoa at bade, Baabtrnptcy Case Ia .
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No. !SOON, does hereby 1
O GRANT. CONVEY, AND QUITCIAIM unto PARMAX 1.1..C., a Worthington Limited g ,
taT Lability Compaq, all of the Grantor's interest in the following described real estate, situated
03 in the County of KING, Side o( Washington, and legally described as follows:
Ai :r ..010111 11(1111 TO:
Stephen A. Parris
PARMAX. L.L.C.
500 Wan Street, Suite 1412 1
Seattle, WA 98121 a
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LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A' AND
INCOR?ORATED HEREIN BY REFERENCE.
SUBJECT TO ANY AND ALL EASEMENT% COVENANTS, RESTRICTIONS,
RESERVATIONI, RIGHTS OF WAY AND ZONING ORDINANCES, IF ANY,
ENFORCEABLE IN LAW OR EQUITY.
Pursuant to an Order of the United Suits Bankruptcy Court for the Western District of
Washington. at Seattle, mooted in Bankruptcy Case Number 96-04380, on July 26, 1996, a copy
of which Order is attached hereto as Exhibit 'B,' this ooiweyantaa is ands subject to slue Ban of
Beneficial Mortgage Co., but otherwise free and clear of all liens and enaunbraoces of record,
the validity and priority of all such liens and encumbrances shall be determined by mid
Bankruptcy Court at a later date. within the context of said Bankruptcy Case No. 9604380.
The sake is 'AS IS" and 'WHERE IS' and the Grantor makes no warranties. express or
implied.
IN WITNESS WHEREOF, the undersigned hereto sets his hand this r ' day of
August, 19%.
EDMUND J. WOOD. T tee for the Bankruptcy
Estate Edward Gonzalez Carolyn J. Gonzalez
EicopAgn 1111/06/416 4P4P.69 A773f0.
....n . mcwomn,+nvane . rw-.
AUG -28 -96 WED 03:10 PM AIKEN AND FINE
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9+I cues DNS • Page 2
IWv:: t o PASMMxI
Its it �►'''
i i i , NOTARY PUDUC
I t4 : "Them$ M. Kent
li
ooh ' My Commission expires: Z4 M
FAX NO, 2067280754
• • C
P. 03/04
STATE OF WASHINGTON
COUNTY OF KING
On this 5 4•1 day of August. 1996. before me the undersigned, a Notary Public In
and for the Stale of Washington, duly commissioned and sworn, ps sooelly appeared EDMUND
J. WOOD to me known to be the individual described is and who aaecvrd the within Trustee's
Quit claim Dad, and acknowledged that he signed the same as his free and voluntary art and
deed. In accordance with his statutory duty as Bankruptcy Trustee.
MOLD:
AUG -28 -96 WED 03:10 PM AIKEN AND FINE
PARCML A:
TEAT PORTION 01 TRACT S4, RIVERSZDI I1TTSRMRRAR TRACTS, ACCORIUNC TO TUB
PLAT TUMMY AWOL= 111 VOLUM 10 01 PLATS, PAOI 74, RECORDS OF 83246
COMM EISMIN."TOI1, LUNG VIST 01 DAVIS RRPLAT 01 SAID TRACT 54.. ACCORDING
TO TIER PLAT TBSRRO? RRCORDRD IN VOLUME 24 01 PLATS, PAW 49, RRCOm OF
RIG COMITY. VESETNEYONY
SXCIPT TU SOOTS 100 T=8'T =RM.
TRACTS 1, 2, 3, 4 AND 7, BLOCK •A• 01 DAVIS MLA? 01 TRACT 34 01 RIVURSIDI
INTERURBAN TRACTS, ACCORDING TO TIN PLAT =Miff AMCOR= IU VOLUM 24 OP
PLATS, PAGE 49, SWORDS 01 >Cl COUNTY. I pN;
BOOT TIM PORTIOMC OF LOT l DUO= TO MIG COUNTY =DU RUCOROINO 1101.
1001219 AND 7711230148;
AND ISECRPT TEAT PORTIOI TREEtOP CONNER= URDU SOPSRIOR COURT CAUSE SO.
114598.
SITUATE IN TIN COMITY OP =N G, STME OP MRSNIN0TON.
FAX NO, 2067280754
(_)
EXHIBIT .:L..
P. 04/04
EXHIBIT
9608060977
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IN RE
Hon. Thomas T. Glover
Chapter 7
Hrg Date: July 26, 1996
Hrg. Location: 416 Parkplace Bldg,
Seattle, WA
Response Date: July 25, 1996
UN1TE1) STATIA BANKRUPTCY CO JRT
FOR TTIE WESTERN DIST"RIcT OF WASHINGTON
AT` SrEATTLE
Case. No 96 -04380
EDWARD GONZALEZ
SSN:., 04-K4951
and CAROLYN I,:CGONZALEZ
SSIv: 542 48719,
-Debtors.
THIS: MATTER:came on this day for hearing on the Trustee's MotiOn for Order Authorizing
QItDER AUTHQRIZ1NO SAE' OF RIVAL
PROPEP.TY:.
Sale of Rea! Property,' Brian T. 'S c histcr of Reed McClure amend for the Trustee, Edmund .1.
Wood. All other appearance were as, fo1loWsf James W. Draper for Beneficial Mortgage Co. and
Staanly D. Tate for PARMA)C'..L,,. .C-
The court read the Trustee's Notice. of Hearing and the Motion, together with attachments. The covet
22 i also considered Beneficial's Objection To Trustees Proposed Sale, and heard arguments of counsel.
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The court finding that good cause exists for thie.giraanting:of the Motion, now, t1rerefore, it is hereby
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ORDER AUTHORIZING SALE OF REAL PROPERTY • s.
1672SPLO2.BTS
REED MCC.LURE.;
ATTO;R?#EY.S AT t. A'W'
3oW cc" crATE!
rat in HAVHVUE
EeArn.E. ETON 1 lukras ;
l
201-4930 FAX C?06I i�3 -a55
9608960977
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ORDERED that the Trustee's Motion is granted_ The Trustee is authorized to sell the
debtor's.real Property, legally described as:
TRACTS 1, 2, 3., 4, AND 7 IN BLOCK "A" OF DAVIS' REPLAT OF TRACT 54
OF P-INTPLKDE INTERURBAN TRACTS, ACCORDING TO THE PLAT
T1:IERECW RECORDED IN VOLUME 24 OF PLATS, PAGE 49, IN KING
5 papyri, 'FASKINGTON: EXCEPLTIJOSE PORTIONS OF LOT 1 DEEDED
6 TO IdEsIG COUNTY LTNDER , .RtcaRDING NUMBERS 1006289 AND
7711210148; . •..
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AND EXCEPT/THAT PORTIONIIIEREOF CONDEMNED UNDER SUPERIOR
8 COURT CAUSEVUMBER 164598.
Commonly IMOVril as: 13011 4OthSouth,SCattlC,WA 98168,
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13027 ,-44th So.:Arth, Seattle,...W4 98168; and
Luls:•1 it- 2 S;- 130th, Seanie, 1,VA 168
and
TgAT PORTION OF TRACT 54 OF RIVERSIDE ..'ijNITERURBA.14 TilACTs,
ACCORDING TO THE PLAT • THEREOF RECORDED.... IN VOLUME 10 OF
FLATS, PAGE 74, IN KING COUNTY, WASHINGTON, LYING WEST OF
DAVIS REPLA.T. OF SA113 TRACT 54, ACCORDING TO-TITE PLAT TIIEREOF
RECORDED IN VOLUME 24 OF PLATS, PAGE 49, IN.:J(41G ;COUNTY,
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WASMGTON;
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EXCEPT THAT SOUTH a* FEET THEREOF.
Commonly known as .3827 S. 130th Street, Tukwila, WA 98168.
to PARMAX, L.L.C. a Washington limited liability corporation, for a purchase price of S277,300
payable under the terms of that purchase and sale 'agreement between the Trustee and PARMAX. It
22 is further
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ORDERED that the authority to sell the property pursnant to this order is conditioned upon,
24 within ten days of the entry of this order, the purchase arid sae agreement being amended, and
25 i PARMAX executing a promissory note, pursuant theretoiyihich provide for gi*iirrOmPrincipal
ORDER AUTHORIZING SALE OF REAL PROPERTY • 2
/6725P1.02,13TS
• . . •
REED Mc.CLURE
• A TT 0 EY$ AT /SAN •
,411Pa =Idiom ctrReA
To 'Krill AvtNLIS
'
eAns, vAspiNcrroog sv5-71:311
212-0102 FAX (2061 703-0152
9608060977
payment of $00,000 prior to the execution of any deed release for combined lots 3 and 4 of tract 54,
..is specified above, which lots are commonly imown as 13011 40th Avenue South, Tukwila,
Was.hington. It is further .
' . ORDERED that the aforernentioned. sale is subject to the lien of Beneficial Mortgage Co.,
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but is otherWise.free•:and . °tear of :all other .hens and encumbrances, with any such liens and
6 encumbrances againit the real property attaching to proceeds of sate with the same rank validity
7 and priority as they had ptibr to the itite This sale is without prejudice to Beneficial's rights under
8 state law to proceed under its deed of .inist in :the event of future default on the obligation to
9 Beneficial. It is further . ..
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10 ORDERED that proceeds Of :sale Shall be applied as follo7S-.. .;
..... : .
11 Theescrow agent, Aiken & Fine, lx.S.,.. shall first pay cscrovl fees title inamance riremiums, . t
12. excise tztkes, and utility assessments due on sale.-, The eserovragent shill pay .Beneficial Su.ch amount
13 as is necessary to cure any arreara.ge owed Beneficial at the time of closing: 'The escrOw agent shall
141 then remit to the Trustee the balance of the down payment front PARM.A.X. including an amount
15 eitua1 to all real property tax bens accruing pre-closing, to be distributed by the .Trustee pursuairt to
16 • the provisions of 11 USC § 724(b), only upon further notice to creditors and ahearing. All penalties
17 included in SiCii tienS for .taxei are hmeby avoided pursuant to 11 USC § 724(a). It is further
18 ORDEREatbat the Trustee may make such future payments frorn proceeds of the sale as is
1 19 necessary to keeptheobligationowed'Behefleial cturen.t. It is further
20 ORDERED that the TiOstee shall Pay to Beneficial any principal payments received from
'.i 21 PARMAX on the Note from PARMAX, to the Truitee. until Such time as Beneficial's claim is paid
i 22 in full. The amount of Beneficial's claim, including' any claim for prepayment penalty, is subject to
231 determination by this Court at such time as the issue is properly .before the Court. It is further
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t 24 ORDERED that Superior Escrow, Inc. sliallpay Over to the Trustee such Aims as it may hold
,-.
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25 pursuant to a hold back agreement between the debtor and Beneficial, dated .December 30, 1994
. . . .. ..,.. .. .
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ORDER AUTHORIZING SALE OF REAL PROPERTY - 3 REED. IVIcOLU R5
A
1 r6725PLUSTS TTOANZYS.' AT L
il 741 FIF11 Airme
11 so;itttL wig-mai:cram pisnwrosi '.
izeiza-aso Fhatorai zli.12
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under escrow n►m be r 11248. The Trustee shall hold these funds in an interest bearing trust account
until such time as Beneficial is paid in full, at which time they will become property of the
bankruptcy estate..- In the event the Trustee defaults on his obligations to Beneficial, the right to
these funds.wi11 be determined by this Court.
DATED..at Seattle; Washington, this' day of July, 1996.
9608060977
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THOMAS T. GLOVEP
HONORABLE TI1OMJ S T. GLOVER
UNITED STATES BANKRUPTCY JUDGE
Presented by:
REED MCCLURE
By
Brian . Schuster, WSBA 018170
Attorneys for Trustee
Approved as to for,
notice of presentation waived:
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James W. Draper, WSBA 0249
Attorney for Beneficialoitgagc Co.
AUTHORIZING SALE OF REAL PROPERTY - 4
16723PLMBTS
REED "MCC URE.
ATTOR'REYS AT LAW
mg, comisei■xermuk
? 1 FIFTH ANIMA
SRArTLE wNA*iFp G'T 1 M44-7041.
S2oerzm.aco F1X 2401