HomeMy WebLinkAboutPermit L04-057 - JENNING ANDREW - BOUNDARY LINE ADJUSTMENTANDREW C ]ENNING
5702 S 144 STREET
L04 -057
4
To: Jim Morrow via Jill Mosqueda
Don Tomaso
Richard Takechi
MEMORANDUM
From: Kathryn Devlin
RE: Andrew Jennings Boundary Line Adjustment
Date: September 15, 2004
File: L04 -057
The above referenced boundary line adjustment is ready for final approval. Attached are the
documents for recording. Please indicate your approval by putting your initials next to your
name below. If you do not approve, indicate any additional requirements below.
Approved by Don Tomaso NJ 6 (initials)
Approved by Jim Morrow (initials)
Approved by Richard Takechi 1 7 (initials)
TICAGO.TITLE_INSURANCE COMPAY
30
'0 COLUMBIA CENTER, 701 5TH AVE‘''
SEATTLE, WA 98104
Date of Policy: JANUARY 14, 1994
1. Name of Insured:
STANDARD OWNER POLICY
SCHEDULE A
FRANK GOROG and SILVIA GOROG, HUSBAND AND WIFE
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
FRANK GOROG and SILVIA GOROG, HUSBAND AND WIFE
4. The land referred to in this policy is described as follows:
Amount of
at 8:30 AM Insurance: $135,000.00
CHICAGO TITLE INSURANCE COMPANY
Policy No.: 401834
RE
coy T l
SE? 01 2 004
pERt,0 CENTEK
LOTS 1 AND 2, BLOCK 7, HILLMAN'S SEATTLE GARDEN TRACTS, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOLUME 11 OF PLATS, PAGE(S) 24, INKING COUNTY,
WASHINGTON;
EXCEPT THE WEST 102 FEET THEREOF AND
EXCEPT THE SOUTH 5 FEET OF SAID LOT 1 CONVEYED TO THE CITY OF TUKWILA FOR
STREET PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 7105100415.
ALTAOPA /9- 1093 /soc
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses)
which arise by reason of:
GENERAL EXCEPTIONS:
A. Rights or claims of parties in possession not shown by the public records.
B. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an
accurate survey and inspection of the premises.
C. Easements or claims of easements not shown by the public records.
D. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or
for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by
the public records.
E. Taxes or special assessments which are not shown as existing liens by the public records.
F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water,
electricity, other utilities, or garbage collection and disposal.
G. Reservations or exceptions in patents or in Acts authorizing the issuance thereof;
Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes.
H. Water rights, claims, or title to water.
SPECIAL EXCEPTIONS:
CHICAGO TITLE INSURANCE COMPANY
STANDARD OWNER POLICY
SCHEDULE B
EXCEPTIONS FROM COVERAGE
1. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: JANICE DICKSON
AND: MIKE HAMMER
RECORDED: APRIL 14, 1989
RECORDING NUMBER: 8904120886
REGARDING: EASEMENT FOR GARAGE ENCROACHMENT
2. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN
DESCRIBED AS GRANTED IN DEED:
GRANTEE: CITY OF TUKWILA
RECORDED: MAY 10, 1971
RECORDING NUMBER: 7105100415
CHICAGO TITLE INSURANCE COMPANY
Policy No.: 401834
ALTAOPB
GRANTOR:
TRUSTEE:
BENEFICIARY:
AMOUNT:
DATED:
RECORDED:
RECORDING NUMBER:
LOAN NUMBER:
AUTHORIZED, SIGNATORY
Loan Policy Endorsements:
Owner's Policy Endorsements:
`m
CHICAGO TITLE INSURANCE COMPANY
STANDARD OWNER POLICY
SCHEDULE B
(Continued)
SPECIAL EXCEPTIONS
3. DEED OF TRUST TO SECURE AN INDEBTEDNESS:
FRANK GOROG and SILVIA GOROG, HUSBAND
AND WIFE
CHICAGO TITLE INSURANCE COMPANY
UNIVERSITY SAVINGS BANK, A WASHINGTON
CHARTERED CORPORATION
$ 121,500.00
JANUARY 12, 1994
JANUARY 14, 1994
9401140277
25121842
t END OF SCHEDULE B
100, 116, 8.1, 6.0
2696, 2697
CHICAGO TITLE INSURANCE COMPANY
**
Policy No.: 401834
Dated: January 14, 1994
ENDORSEMENT 2696
ADDITIONAL PROTECTION ENDORSEMENT FOR HOME OWNERS
Your reference: IMER TO GOROG 25121842
END ORSEMENT
Attached to and forming a part of
Policy No. 401834
Issued Byy
CHICAGO TITLE INSURANCE UR CE COMPANY
This endorsement shall be effective only if at Date of Policy there is located on the land described in said Policy a
one -to -four family residential structure, in which the Insured Owner resides or intends to reside. For the purpose of
this Endorsement the term "residential structure" is defined as including the principal dwelling structure located on
said land and all improvements thereon related to residential use of the property, except plantings of any nature and
except perimeter fences and perimeter watts.
The Company hereby insures the Insured Owner of the estate or interest described in Schedule A against loss or damage
which the Insured Owner shall sustain by reason of:
a. The existence at Date of Policy of any of the following matters:
(1) lack of a right of access from said land to a public street;
(2) any taxes or assessments levied by a public authority against the estate or interest insured which constitute
liens thereon and are not shown as exceptions in Schedule B of said Policy;
(3) any unrecorded statutory liens for Labor or materials attaching to said estate or interest arising out of any
work of improvement on said land in progress or completed at Date of Policy, except a work of improvement for which
said Insured Owner has agreed to be responsible;
b. The enforced removal of said residential structure or interference with the use thereof for ordinary residential
purposes based upon the existence at Date of Policy, of:
(1) any encroachment of said residential structure or any part thereof onto adjoining lands, or onto any easement
shown as an exception in Schedule B of said Policy, or onto any unrecorded subsurface easement;
(2) any violation of any enforceable covenants, conditions or restrictions affecting said land and shown in Schedule
B;
(3) any violation of applicable zoning ordinances, but this Endorsement does not insure compliance with, nor is it
in any way concerned with, building codes or other exercise of govermental police power;
c. Damage to said residential structure resulting from the exercise of any right to use the surface of said land for
the extraction or development of minerals, if minerals are excepted from the description of said land or shown as an
exception or reservation in Schedule 8.
This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior
endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of
the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior
endorsements, or increase the face amo thereof.
Authorized Signatory
Note: This endorsement shall not be valid or binding
until countersigned by an authorized signatory
ENDOP /3321.92 /SC
Dated: January 14, 1994
ENDORSEMENT
Attached to and forming a part of
Policy No. 401834
Issued B
CHICAGO TITLE INS COMPANY
ENDORSEMENT 2697 - HOMEOWNER'S INFLATION PROTECTION ENDORSEMENT
Your reference i MER TO GOROG 25121842
The Company, recognizing the current effect of inflation on real property valuation and intending to provide
additional monetary protection to the Insured Owner named in said Policy, hereby modifies said Policy as follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said
Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the
extent hereinafter specified.
2. "Adjustment Date!! is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January 1 which
occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Endorsement
is attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates as defined above, by increasing the maximum
amount of insurance provided by said policy (as said amount may have been increased theretofore under the terms this
Endorsement) by the same percentage, if any, by which the United States Department of Commerce composite Construction
Cost Index for the month of September immediately preceeding exceeds such index for the month of September one year
earlier; provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of
insurance stated in Schedule A of said Policy, which under the terms of the Conditions and Stipulations, reduces the
amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which
there is no increase in said Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be
deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion
or possible assertion of such claim, or as of the date of receipt by the Company of the first notice of such claim,
whichever shalt first occur.
PROVIDED, HOWEVER, this endorsement shall be effective only if one of the following conditions exists at Date of
Policy:
a. The land described in this policy is a parcel on which there is only a one -to -four family residential structure,
including all improvements on the land related to residential use, in which the Insured Owner resides or intends to
reside; or,
b. The land consists of a residential condominium unit, together with the common elements appurtenant thereto and
related to residential use thereof, in which the Insured Owner resides or intends to reside.
This endorsement is made a part of the policy and is subject to all the terms and provisions thereof and of any prior
endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of
the policy and prior endorsements, if :py, nor does it extend the effective date of the policy and prior endorsements
or increase the face amount th -of.
Authorized Signatory
Note: This endorsement shall not be valid or binding
until countersigned by an authorized signatory
ENDOPC /3.21 -92 /SC
IMPORTANT: This is not a Plat of Survey. It is furnished as a convenience to locate the land indicated hereon with
reference to streets and other land. No liability is assumed by reason of reliance hereon.
ICC7Chicago Title Insurance Company
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ORDER NO.
AFTER RECORDING RETURN TO:
Washington Mutual Bank
C/O ACS IMAGE SOLUTIONS
12691 PALA DRIVE - MS156DPCA
GARDEN GROVE, CA 92841
DEFINITIONS
Borrower is the trustor under this Security Instrument.
(C) "Lender" is
Lender is a
Washington
WASHINGTON
1529 104 -01)
SU 0 ZO3&
1T CanER
[Space Above This Line For Recording D8
FIDELITY NATIONAL TITLE 01 0330677
Words used in multiple sections of this document are defined below and other words are defined
in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this
document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated October 22, 2002
together with all Riders to this document.
(B) "Borrower" is FRANK GOROG AND SILVIA GOROG, HUSBAND AND WIFE
A• ,. •i u
• - $. -� •• •I •y•• •IP
Bank
REC A
DEED OF TRUST
01- 0876 - 061571300 -5
organized and existing under the laws of
. Lender's address is
1201 Third Avenue Seattle, WA 98101
Lender is the beneficiary under this Security Instrument.
(D) "Trustee " is FIDELITY NATIONAL TITLE 01, a Washington corporation
(E) "Note" means the promissory note signed by Borrower and dated October 22, 2002
The Note states that Borrower owes Lender One Hundred Fifty -Eight Thousand &
00 /100
Page 1 of 17
Dollars (U.S. $ 158, 000.00 ) plus interest. Borrower has promised to pay this debt in
regular Periodic Payments and to pay the debt in full not later than November 1, 2017
(F) "Property" means the property that is described below under the heading "Transfer of Rights
in the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower [check box as applicable]:
Adjustable Rate Rider n Condominium Rider n 1 -4 Family Rider
Graduated Payment. Rider : n Planned Unit Development Rider I I Biweekly Payment Rider
n Balloon Rider I I Rate Improvement Rider [ I Second Home Rider
Other(s) [specify]
WASHINGTON
1529 (04 -01)
TRANSFER OF RIGHTS IN THE PROPERTY
Page 2 of 17
01- 0876 - 061571300 - 5
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all
applicable final, non - appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments
and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated
by check, draft, or similar paper instrument, which is initiated through an electronic terminal,
telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial
institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale
transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers,
and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds, whether by way of judgment, settlement or otherwise, paid by any third party (other
than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the
value and /or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or
default on, the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest
under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.)
and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended
from time to time, or any additional or successor legislation or regulation that governs the same
subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and
restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does
not qualify as a "federally related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and /or this Security
Instrument.
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals,
extensions and modifications of the Note; (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note; and (iii) the performance of all
agreements of borrower to pay fees and charges arising of the Loan whether or not herein set
forth. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power
which currently has the address of 5708 S 144TH ST
TUKWILA
[City)
, Washington
WASHINGTON
1529 (04 -01) Page 3 of 17
98168
[Zip Code]
[Street]
King
01- 0876 - 061571300 -5
of sale, the following described property located in
Washington:
AS SHOWN IN "EXHIBIT A" ATTACHED HERETO AND MADE A PART HEREOF BY THIS
REFERENCE. (LOTS 1 & 2, BLK 7, HILLMAN'S SEATTLE GARDEN TRACTS)
( "Property Address "):
County,
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by this Security Instrument. All of the foregoing is referred to
in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed
and has the right to grant and convey the Property and that the Property is unencumbered, except
for encumbrances of record. Borrower warrants and will defend generally the title to the Property
against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
non - uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and
any prepayment charges and late charges due under the Note. Borrower shall also pay funds for
Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument
shall be made in U.S. currency. However, if any check or other instrument received by Lender as
payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may
require that any or all subsequent payments due under the Note and this Security Instrument be
made in one of more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check; treasurer's check or cashier's check, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the
Note or at such other location as may be designated by Lender in accordance with the notice
provisions in Section 15. Lender may return any payment or partial payment if the payment or
partial payments are insufficient to bring the Loan current. Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic
WASHINGTON
1529 (04 -01)
Page 4 of 17
01- 0876 - 061571300 -5
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied earlier, such funds will be applied to the
outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from
making payments due under the Note and this Security Instrument or performing the covenants
and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2,
all payments accepted and applied by Lender shall be applied in the following order of priority: (a)
interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3.
Such payments shall be applied to each Periodic Payment in the order in which it became due.
Any remaining amounts shall be applied first to late charges, second to any other amounts due
under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender
may apply any payment received from Borrower to the repayment of the Periodic Payments if, and
to the extent that, each payment can be paid in full. To the extent that any excess exists after the
payment is applied to the full payment of one or more Periodic Payments, such excess may be
applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment
charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal
due under the Note shall not extend or postpone the due date, or change the amount, of the
Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are
due under the Note, until the Note is paid in full, a sum (the "Funds ") to provide for payment of
amounts due for: (a) taxes and assessments and other items which can attain priority over this
Security Instrument as a lien or encumbrance of the Property; (b) leasehold payments or ground
rents on the Property, if any; (c) premiums for any and all insurance required by Lender under
Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to
Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions
of Section 10. These items are called "Escrow Items." At origination or at any time during the
term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,
if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation
to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to
Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In
the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due
for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender
requires, shall furnish to Lender receipts evidencing such payment within such time period as
Lender may require. Borrower's obligation to make such payments and to provide receipts shall
for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an
Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower
shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke
01- 0876 - 061571300 -5
the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that
are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender
to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum
amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the
basis of current data and reasonable estimates of expenditures of future Escrow Items or
otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so
insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items
no later than the time specified under RESPA. Lender shall not charge Borrower for holding and
applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless
Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a
charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on
the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds.
Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds.
Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by
RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in
accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in
accordance with RESPA, but in no more than twelve monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security Instrument,
leasehold payments or ground rents on the Property, if any, and Community Association Dues,
Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall
pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a
manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b)
contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings
which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings
are pending, but only until such proceedings are concluded; or (c) secures from the holder of the
lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If
Lender determines that any part of the Property is subject to a lien which can attain priority over
this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of
the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the
actions set forth above in this Section 4.
Lender may require Borrower to pay a one -time charge for a real estate tax verification
and /or reporting service used by Lender in connection with this Loan.
WASHINGTON
1529 (04 -01)
Page 5 of 17
01- 0876 - 061571300 -5
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter
erected on the Property insured against Toss by fire, hazards included within the term "extended
coverage," and any other hazards including, but not limited to, earthquakes and floods, for which
Lender requires insurance. This insurance shall be maintained in the amounts (including deductible
levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding
sentences can change during the term of the Loan. The insurance carrier providing the insurance
shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which
right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with
this Loan, either: (a) a one -time charge for flood zone determination, certification and tracking
services; or (b) a one -time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect
such determination or certification. Borrower shall also be responsible for the payment of any fees
imposed by the Federal Emergency Management Agency in connection with the review of any
flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to
purchase any particular type or amount of coverage. Lender may purchase such insurance from
or through any company acceptable to Lender including, without limitation, an affiliate of Lender,
and Borrower acknowledges and agrees that Lender's affiliate may receive consideration for such
purchase. Therefore, such coverage shall cover Lender, but might or might not protect Borrower,
Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the
cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this
Section 5 shall become additional debt of Borrower secured by this Security Instrument. These
amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,
with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such polices shall be subject to
Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall
name Lender as mortgagee and /or as an additional loss payee. Lender shall have the right to hold
the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all
receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance
coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and /or as an
additional loss payee.
Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title
and interest in and to all proceeds from any insurance policy (whether or not the insurance policy
was required by Lender) that are due, paid or payable with respect to any damage to such
property, regardless of whether the insurance policy is established before, on or after the date of
this Security instrument. By absolutely and irrevocably assigning to Lender all of Bdrrower's
rights to receive any and all proceeds from any insurance policy, Borrower hereby waives, to the
full extent allowed by law, all of Borrower's rights to receive any and all of such insurance
proceeds.
Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title
and interest in and to (a) any and all claims, present and future, known or unknown, absolute or
contingent, (b) any and all causes of action, (c) any and all judgments and settlements (whether
through litigation, mediation, arbitration or otherwise), (d) any and all funds sought against or
from any party or parties whosoever, and (e) any and all funds received or receivable in
connection with any damage to such property, resulting from any cause or causes whatsoever,
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including but not limited to, land subsidence, landslide, windstorm, earthquake, fire, flood or any
other cause.
Borrower agrees to execute, acknowledge if requested, and deliver to Lender, and /or upon
notice from Lender shall request any insurance agency or company that has issued any insurance
policy to execute and deliver to Lender, any additional instruments or documents requested by
Lender from time to time to evidence Borrower's absolute and irrevocable assignments set forth in
this paragraph.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.
Lender may make proof of Toss if not made promptly by Borrower. Unless Lender and Borrower
otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was
required by Lender, shall be applied to restoration or repair of the Property, if the restoration or
repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such insurance proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest
or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of
Borrower. If the restoration or repair is not economically feasible or Lender's security would be
lessened, the insurance proceeds shall be applied to the sums secured by this Security
instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters. If Borrower does not respond within 30 days to a notice from
Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and
settle the claim. The 30 - day period will begin when the notice is given. In either event, or if
Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the
right to any refund of unearned premiums paid by Borrower) under all insurance policies covering
the Property, insofar as such rights are applicable to the coverage of the Property. Lender may
use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under
the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within sixty days after the execution of this Security Instrument and shall
continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall
not destroy, damage or impair the Property, or remove or demolish any building thereon, allow the
Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in
the Property, Borrower shall maintain the Property in good condition and repair in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined
pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall
promptly repair the Property in good and workman like manner if damaged to avoid further
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deterioration or damage. Lender shall, unless otherwise agreed in writing between Lender and
Borrower, have the right to hold insurance or condemnation proceeds. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property,
Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a
single payment or in a series of progress payments as the work is completed. If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not
relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it
has reasonable cause, Lender may inspect the interior of the improvements on the Property.
Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying
such reasonable cause. Lender does not make any warranty or representation regarding, and
assumes no responsibility for, the work done on the Property, and Borrower shall not have any
right to rely in any way on any inspection(s) by or for Lender or its agent. Borrower shall be
solely responsible for determining that the work is done in a good, thorough, efficient and
workmanlike manner in accordance with all applicable laws.
Borrower shall (a) appear in and defend any action or proceeding purporting to affect the
security hereof, the Property or the rights or powers of Lender or Trustee; (b) at Lender's option,
assign to Lender, to the extent of Lender's interest, any claims, demands, or causes of action of
any kind, and any award, court judgement, or proceeds of settlement of any such claim, demand
or cause of action of any kind which Borrower now has or may hereafter acquire arising out of or
relating to any interest in the acquisition or ownership of the Property. Lender and Trustee shall
not have any duty to prosecute any such claim, demand or cause of action. Without limiting the
foregoing, any such claim, demand or cause of action arising out of or relating to any interest in
the acquisition or ownership of the Property may include (i) any such injury or damage to the
Property including without limit injury or damage to any structure or improvement situated
thereon, (ii) or any claim or cause of action in favor of Borrower which arises out of the
transaction financed in whole or in part by the making of the loan secured hereby, (iii) any claim
or cause of action in favor of Borrower (except for bodily injury) which arises as a result of any
negligent or improper construction, installation or repair of the Property including without limit,
any surface or subsurface thereof, or of any building or structure thereon or (iv) any proceeds of
insurance, whether or not required by Lender payable as a result of any damage to or otherwise
relating to the Property or any interest therein. Lender may apply, use or release such monies so
received by it in the same manner as provided in Paragraph 5 for the proceeds of insurance.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with
Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or
statements to Lender (or failed to provide Lender with material information) in connection with the
Loan. Material representations include, but are not limited to, representations concerning
Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security
Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the
Property and /or rights under this Security Instrument (such as a proceeding in bankruptcy,
probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over
this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
Property, then Lender may do and pay for whatever is reasonable or appropriate to protect
Lender's interest in the Property and rights under this Security Instrument, including protecting
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and /or assessing the value of the Property, and securing and /or repairing the Property. Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which has
priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys'
fees to protect its interest in the Property and /or rights under this Security Instrument, including
its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited
to, entering the Property to make repairs, change locks, replace or board up doors and windows,
drain water from pipes, eliminate building or other code violations or dangerous conditions, and
have utilities turned on or off. Although Lender may take action under this Section 9, Lender does
not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs
no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions
of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not
merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making
the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.
If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available
from the mortgage insurer that previously provided such insurance and Borrower was required to
make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the
Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If
substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a
non - refundable loss reserve in lieu of Mortgage Insurance. Such Toss reserve shall be
non - refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no
longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the
period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower
was required to make separately designated payments toward the premiums for Mortgage
Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or
to provide a non - refundable loss reserve, until Lender's requirement for Mortgage Insurance ends
in accordance with any written agreement between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Nothing in this Section 10 affects
Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain
losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the
Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time,
and may enter into agreements with other parties that share or modify their risk, or reduce losses.
These agreements are on terms and conditions that are satisfactory to the mortgage insurer and
the other party (or parties) to these agreements. These agreements may require the mortgage
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insurer to make payments using any source of funds that the mortgage insurer may have available
(which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any
reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or
indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of
the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the
amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any
refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to
the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These
rights may include the right to receive certain disclosures, to request and obtain cancellation of
the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to
receive a refund of any Mortgage Insurance premiums that were unearned at the time of such
cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or
repair of the Property, if the restoration or repair is economically feasible and Lender's security is
not lessened. During such repair and restoration period, Lender shall have the right to hold such
Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure
the work has been completed to Lender's satisfaction, provided that such inspection shall be
undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or
in a series of progress payments as the work is completed. Unless an agreement is made in
writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender
shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or Toss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then
due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair
market value of the Property immediately before the partial taking, destruction, or loss in value is
equal to or greater than the amount of the sums secured by this Security Instrument immediately
before the partial taking, destruction, or Toss in value, unless Borrower and Lender otherwise
agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of
the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums
secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair
market value of the Property immediately before the partial taking, destruction, or loss in value.
Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the
fair market value of the Property immediately before the partial taking, destruction, or loss in value
is less than the amount of the sums secured immediately before the partial taking, destruction, or
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loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument whether or not the sums are then
due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that
the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the date the notice is given,
Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair
of the Property or to the sums secured by this Security Instrument, whether or not then due.
"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun
that, in Lender's judgement, could result in forfeiture of the Property or other material impairment
of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure
such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing
the action or proceeding to be dismissed with a ruling that, in Lender's judgement, precludes
forfeiture of the Property or other material impairment of Lender's interest in the Property or rights
under this Security Instrument. The proceeds of any award or claim for damages that are
attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be
paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property
shall be applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. This Security Instrument
cannot be changed or modified except as otherwise provided herein or by agreement in writing
signed by Borrower, or any successor in interest to Borrower and Lender. Extension of the time
for payment or modification of amortization of the sums secured by this Security Instrument
granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to
release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be
required to commence proceedings against any Successor in Interest of Borrower or to refuse to
extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in Interest
of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest
of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy. No waiver by Lender of any right under this Security Instrument
shall be effective unless in writing. Waiver by Lender of any right granted to Lender under this
Security Instrument or of any provision of this Security Instrument as to any transaction or
occurrence shall not be deemed a waiver as to any future transaction or occurrence.
13. Joint and Several Liability; Co signers; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several. However,
any Borrower who co -signs this Security Instrument but does not execute the Note (a
"co- signer "): (a) is co- signing this Security Instrument only to mortgage, grant and convey the
co- signer's interest in the Property under the terms of this Security Instrument; (b) is not
personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the
co- signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who
assumes Borrower's obligations under this Security Instrument in writing, and is approved by
Page 11 of 17
Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower
shall not be released from Borrower's obligations and liability under this Security Instrument
unless Lender agrees to such release in writing. The covenants and agreements of this Security
Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of
Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection
with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights
under this Security Instrument, including, but not limited to, attorneys' fees, property inspection
and valuation fees. Borrower shall pay such other charges as Lender may deem reasonable for
services rendered by Lender and furnished at the request of Borrower, any successor in interest to
Borrower or any agent of Borrower. In regard to any other fees, the absence of express authority
in this Security Instrument to charge a specific fee to Borrower shall not be construed as a
prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited
by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection
with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose
to make this refund by reducing the principal owed under the Note or by making a direct payment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charge (whether or not a prepayment charge is provided for under the
Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security
Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument
shall be deemed to have been given to Borrower when mailed by first class mail or when actually
delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall
constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice
address shall be the Property Address unless Borrower has designated a substitute notice address
by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If
Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only
report a change of address through that specified procedure. There may be only one designated
notice address under this Security Instrument at any one time. Any notice to Lender shall be given
by delivering it or mailing it by first class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security
Instrument shall not be deemed to have been given to Lender until actually received by Lender. If
any notice required by this Security Instrument is also required under Applicable Law, the
Applicable Law requirement will satisfy the corresponding requirement under this Security
Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights
and obligations contained in this Security Instrument are subject to any requirements and
limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to
agree by contract or it might be silent, but such silence shall not be construed as a prohibition
against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
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As used in this Security Instrument: (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion
without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security
Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section
18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but
not limited to, those beneficial interests transferred in a bond for deed, contract for deed,
installment sales contract or escrow agreement, the intent of which is the transfer of title by
Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent, Lender may require immediate payment in full of all sums
secured by this Security Instrument. However, this option shall not be exercised by Lender if such
exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any
time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale
contained in this Security Instrument; (b) such other period as Applicable Law might specify for
the termination of Borrower's right to reinstate; or (c) entry of a judgement enforcing this Security
Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be
due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this
Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection
and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the
Property and rights under this Security Instrument; and (d) takes such action as Lender may
reasonably require to assure that Lender's interest in the Property and rights under this Security
Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order;
(c) certified check, bank check, treasurer's check or cashier's check, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality or
entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument
and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial
interest in the Note (together with this Security Instrument) can be sold one or more times
without prior notice to Borrower. A sale might result in a change in the entity (known as the
"Loan Servicer ") that collects Periodic Payments due under the Note and this Security Instrument
and performs other mortgage loan servicing obligations under the Note, this Security Instrument,
and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a
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sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of
the change which will state the name and address of the new Loan Servicer, the address to which
payments should be made and any other information RESPA requires in connection with a notice
of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer
other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed
by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as
either an individual litigant or the member of a class) that arises from the other party's actions
pursuant to this Security Instrument or that alleges that the other party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party (with such notice given in compliance with the requirements of
Section 15) of such alleged breach and afforded the other party hereto a reasonable period after
the giving of such notice to take corrective action. If Applicable Law provides a time period which
must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to
Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to
Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action
provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are
those substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing
asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws
and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection; (c) "Environmental Cleanup" includes any response action, remedial
action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which,
due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
affects the value of the Property. The preceding two sentences shall not apply to the presence,
use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substance in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
lawsuit or other action by any governmental or regulatory agency or private party involving the
Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking,
discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused
by the presence, use, or release of a Hazardous Substance which adversely affects the value of
the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any
private party, that any removal or other remediation of any Hazardous Substance affecting the
Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an
Environmental Cleanup.
WASHINGTON
1529 (04 -01) Page 14 of 17
01- 0876 - 061571300 -5
WASHINGTON
1529 104 -01)
01- 0876 - 061571300 -5
NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as
follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but not
prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall
specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30
days from the date the notice is given to Borrower, by which the default must be cured; and (d)
that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument and sale of the Property. The notice
shall further inform Borrower of the right to reinstate after acceleration and the right to bring a
court action to assert the non - existence of a default or any other defense of Borrower to
acceleration and sale. If the default is not cured on or before the date specified in the notice,
Lender at its option may require immediate payment in full of all sums secured by this Security
Instrument without further demand and may invoke the power of sale and any other remedies
permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing
the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees
and costs of title evidence. If Borrower or any successor in interest to Borrower files (or has filed
against Borrower or any successor in interest to Borrower) a bankruptcy petition under Title II or
any successor title of the United States Code which provides for the curing of prepetition default
due on the Note, interest at a rate determined by the Court shall be paid to Lender on
post - petition arrears.
If Lender invokes the power of sale, Lender shall give written notice to Trustee of the
occurrence of an event of default and of Lender's election to cause the Property to be sold.
Trustee and Lender shall take such action regarding notice of sale and shall give such notices to
Borrower and and to other persons as Applicable Law may require. After the time required by
Applicable Law and after publication and posting of the notice of sale, Trustee, without demand
on Borrower, shall sell the Property at public auction to the highest bidder at the time and place
and under the terms designated in the notice of sale in one or more parcels and in any order
Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted
by Applicable Law by public announcement at the time and place fixed in the notice of sale.
Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any
covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie
evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale
in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable
Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any
excess to the person or persons legally entitled to it or to the clerk of the superior court of the
county in which the sale took place.
23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender
shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all
notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the
Property without warranty to the person or persons legally entitled to it. Lender or the Trustee
(whether or not the Trustee is affiliated with Lender) may charge such person or persons a fee for
reconveying the Property, but only if the fee is not prohibited by Applicable Law.
Page 15 of 17
24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time
appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without
conveyance of the Property, the successor trustee shall succeed to all the title, power and duties
conferred upon Trustee herein and by Applicable Law. Trustee may destroy the Note and the
Security Instrument three (3) years after issuance of a full reconveyance or release (unless
directed in such request to retain them).
25. Use of Property. The Property is not used principally for agricultural purposes.
26.Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and
costs in any action or proceeding to construe or enforce any term of this Security Instrument. The
term "attorneys' fees," whenever used in this Security Instrument, shall include without limitation
attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
in this Security instrument and in any Rider executed by Borrower and recorded with it.
X
X
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR
TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER
WASHINGTON LAW.
FRANK GOROG
SILVIA GOROG
WASHINGTON
1529 104 -01)
Page 16 of 17
01- 0876 - 061571300 -5
WASHINGTON
1529 (04 -01)
STATE OF WASHINGTON
County ss:
Page 17 of 17
(Space Below This Line For Acknowledgment)
01 0876 - 061571300 - 5
On this day of , before me the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the individual(s) described in and who executed the foregoing instrument, and
acknowledged to me that he /she /they signed and sealed the said instrument as his /her /their
free and voluntary act and deed, for the uses and purposes therein mentioned.
WITNESS my hand and official seal affixed the day and year in this certificate above written.
My Commission expires:
Notary Public in and for the State of Washington residing at:
Fidelity National Title Company of Washington
ALTA Commitment, Page 2
Order No. 0330677
LEGAL DESCRIPTION:
Lots 1 and 2, Block 7, HILLMAN'S SEATTLE GARDEN TRACTS, according to the
Plat thereof recorded in Volume 11 of Plats, Page 24, records of King
County, Washington;
EXCEPT the West 102 feet therof;
AND EXCEPT the South 5 feet of South Lot L conveyed to the City of
Tukwila for street purposes by deed recorded under Recording No.
7105100415.
Situate in the County of King, Stare of Washington.
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The Following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.09. Said abbreviated legal
description is not a substitute for a complete legal description within
the body of the document.
Lott 1 k 2, Dlk 7, HILLMAN'S SEATTLE GARDEN TRACTS
This property is located in King County.
Recording to be delivered to:
Fidelity National Title Co., 720 Olive Way 11515, Seattle, WA 98101
LEGAL DESCRIPTIONS
BEFORE THE ADJUSTMENT:
PARCEL "A"
The West 102 feet.of Lots 1 and 2, Block 7, HILLMAN'S SEATTLE
GARDEN TRACTS, according to the plat thereof recorded in Volume 11
of Plats, page 24, records of King County, Washington;
EXCEPT THE South 5 feet for street.
PARCEL "B"
BOUNDAR , :NE ADJUSTMENT/LOT CONS IDATION
ern' OF TUKWILA, WASHINGTON
FILE NO. L.
Lots 1 and 2, Block 7, HILLMAN'S SEATTLE GARDEN TRACTS, according
to the plat thereof recorded in Volume 11 of Plats, page 24,
records of King County, Washington;
EXCEPT THE South 5 feet for street;
ALSO EXCEPT the West 102 feet.
AFTER THE ADJUSTMENT:
See attched page
Filed for record at the request of:
Af0oR �- �1�n►r�iNcjS
NAME
• APPROVAL
Director, Dept. of Public Works
Return to:
Department of Community Development:
Examined and approved this
day of ,19 .
Director, Dept. of Community Development
Dept. of Public Works:
Examined and approved this
day of , 19__.
Dept. of Community Development
Planning Division
City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington 98188
Page 3 of H
LEGAL DESCRIPTIONS
AFTER THE ADJUSTMENT:
PARCEL "A"
PARCEL "B" •
BOUNDARY LINE ADJUSTMENT /LOT CONSOLIDATION
CITY OF TUKWILA, WASHINGTON
FILE NO. (.��� — Q
The West 102 feet of Lots and 2, Block 7, HILLMAN'S SEATTLE
GARDEN TRACTS, according to the plat thereof recorded in Volume
11 of Plats, page 24, records of King County, Washington;
EXCEPT the South 5 feet for street;
ALSO EXCEPT that portion of said lots described as follows:
Commencing at the Southeast Corner of said subdivision;
Thence N 01 ° 23'14 "E along the East Line of said West 102 feet
a distance of 59.10 feet to the TRUE POINT OF BEGINNING;
Thence N 89 0 18'19 "W a distance of 16.00 feet;
Thence N 01 ° 23'14 "E 60.03 feet to the North Line of said subdivision;
Thence S 88 ° 48'10 "E along said North Line 16.00 feet to the
Northeast Corner of said subdivision;
Thence S 01 °23'14"W a distance of 59.89 feet to the POINT OF
BEGINNING.
Lots 1 and 2, Block 7, HILLMAN'S SEATTLE GARDEN TRACTS, according
to the plat thereof recorded in Volume 11 of Plats, page 24, records
of King County, Washington;
EXCEPT the South 5 feet for street;
ALSO EXCEPT that portion lying Westerly and Southerly of the
following described lines:
Commencing at the intersection of the East Line of the West 102 feet
with the North Line of the South 5 feet of said Lot 1, said
intersection being the TRUE POINT OF BEGINNING;
Thence N 01 ° 23'14 "E along said East Line of the West 102 feet a
distance of 59.10 feet;
Thence N 89 ° 18'19 "W a distance of 16.00 feet;
Thence N 01 ° 23'14 "E a distance of 60.03 feet to the North Line
of said Lot 2 and the TERMINUS of said lines.
PORTION TO BE GRANTED TO PARCEL "B" FROM PARCEL
Commencing at the intersection of the East Line of the West 102 feet
with the North Line of the South 5 feet of Lot 1, Block 7, HILLMAN'S
SEATTLE GARDEN TRACTS, according to the plat thereof recorded in
Volume 11 of Plats, page 24, records of King County, Washington;
Thence N 01 ° 23'14 "E along said East Line of the West 102 feet a
distance of 59.10 feet to the TRUE POINT OF BEGINNING;
Thence N 89 ° 18'19"W a distance of 16.00 feet;
Thence N 01 ° 23'14 "E 60.03 feet to the North Line of Lot 2 of said plat;
Thence S 88 ° 48'10 "E along said North Line 16.00 feet;
Thence S O1 ° 23'14 "W 59.89 feet to the POINT OF BEGINNING.
(Contains 959 square feet, more or less)
RE CEIVED
'AUG 311Q4
MuF
Page t .--k of LI
September 7, 2004
Andrew C. Jennings
5702 S. 144 St
Tukwila WA 98168
RE: Boundary Line Adjustment
L04 -057
NOTICE OF COMPLETE APPLICATION
Dear Mr. Jennings:
Your application for the Boundary Line Adjustment located at 5702 & 5708 So. 144 Street has
been found to be complete on September 7, 2004 for the purposes of meeting state mandated time
requirements.
The Boundary Line Adjustment has been routed to the Fire and Public Works Departments for
review and comment. After I receive comments back from these Departments, I will be in touch
regarding any needed corrections to the submittal.
This determination of complete application does not preclude the City from requesting additional
plans or information if in our estimation such information is necessary to ensure the project meets
the substantive requirements of the City or to complete the review process.
I will be the planner assigned to this project. If you have any questions, please call me at (206) 433-
7166.
Sincerely,
Kathryn Devlin
Assistant Planner
cc: Engineer, Public Works
Fire Prevention, Fire Department
City of Tukwila
6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670
Parcel No.: 3365900661
Address: 5702 S 144 ST TUKW
Suite No:
Applicant: ANDREW C JENNING
Payee: frank gorog
ACCOUNT ITEM LIST:
Description
ZONING /SUBDIVISION
RECEIPT
Permit Number: L04 -057
Status: PENDING
Applied Date: 08/31/2004
Issue Date:
Receipt No.: R04 -01166 Payment Amount: 250.00
Initials: MD Payment Date: 08/31/2004 12:30 PM
User ID: 1685 Balance: $0.00
TRANSACTION LIST:
Type Method Description Amount
Payment Cash 250.00
Account Code Current Pmts
000/345.810 250.00
Total: 250.00
4421 06/31 9716 TOTAL AL. 250.00
doc: Receipt Printed: 08 -31 -2004
Project
Address:
Date
.,_ (D`-I
Response
requested by:
D 1
0
transmitted:
Staff
coordinator:
„..
Date response
received:
:City of Tukwila
"Department of Community Development
LAND USE PERMIT ROUTING FORM
TO: ❑ Building ❑ Planning ❑ Public Works
❑ DRC review requested
s+.
COMMENTS
❑ Plan submittal requested
Plan check date:
Comments
prepared by:
File Number
Lc�y - o�—�
Fire Dept. ❑ Police Dept. ❑ Parks /Rec
' Plan approved
e l z1 k �,,,,04
20030529001595
AFTER RECORDING MAIL TO:
Andrew c. Jennings
5702 s 144th St
Tukwila, WA 98168
B
Filed for Record at Request of
PHOENIX ESCROW, INC.
Escrow Number: 1027087
05 /28/2003 10:44
KING COUNTY, WA
S T A LE $2 41,0 0 0.00
W Q } 2 gal - Statutory Warranty Deed
Dated this 27th day of Ma , 2003
Dated:
NIC R. DICKS
STATE OF WASHINGTON
} SS:
County of KING
I certify that I know or have satisfactory evidence that JANICE R. DICKSON
May
a7 2003
,_ — P. MCO`
' aOTARY �� 1 cni
:
•
(5 ':q•• / -27 0° :'C
t �� OFWAS=
NN.\■■■".
Page 1
-r l
00305290
NASHI T
PADS /2 TON $ F T I
KUNG COUNTY, WA
3
PAGE 001 OF 001
c�
01
Grantor(s): JANICE R. DICKSON
Grantee(s): Andrew C. Jennings
Abbreviated Legal: Ptn Lts 1 & 2, Bik 7, Hilman's Seattle Garden Trac, records of
King County, WA
Additional legal(s) on page:
Assessor's Tax Parcel Number(s): 336590066104
THE GRANTOR JANICE R. DICKSON, AN UNMARRIED PERSON
for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
in hand paid, conveys and warrants to ANDREW C. J ENNINGS , AN UNMARRIED PERSON
the following described real estate, situated in the County of Ki ng , State of Washington:
THE WEST 102 FEET OF LOTS 1 AND 2, BLOCK 7, HILMAN'S SEATTLE GARDEN TRACTS,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 11 OF PLATS, PAGE (S) 24,
IN KING COUNTY, WASHINGTON;
EXCEPT SOUTH 5 FEET OF THE WEST 102 FEET OF LOT 1 FOR HIGHWAY PURPOSES AS
CONVEYED TO THE CITY OF TUKWILA, BY DEED RECORDED UNDER KING COUNTY
RECORDING NUMBER 7105100448.
SUBJECT TO EASEMENT RECORDED UNDER NO. 8904120886 / EASEMENT FOR GRADING
UNDER RECORDING NO. 7105100448.
By
By By
is the person who appeared before me, and said person acknowledged that s he
signed this instrument and acknowledge it to be her free and voluntary act for the uses and purposes
mentioned in this instrument.
J/
R '
Notary Public in and for the State of WASHINGTON
Residing at CLE ELUM
My appointment expires: JAN . 2 7 , 2004
LPB-10
20020129000265
When Recorded Return To:
FRANK GOROG
5708 S 144th St
Seattle, WA 98168 -4548
APPOINTMENT OF SUCCESSOR TRUSTEE
STOCKTON 156- WaMu #:0019488576 "Gorog" Lender ID:510/ King, Washington
WHEREAS, the undersigned is the present Beneficiary under the Deed of
Trust described as follows:
Original Trustor: FRANK GOROG AND SILVIA GOROG, HUSBAND AND WIFE
Original Beneficiary: WASHINGTON MUTUAL BANK
Dated: 05/04/1999
Recorded on 05/10/1999 as Instrument No. 9905100319 Book NA, Page NA,
In the County of KING, State of WASHINGTON
Property Address: 5708 S 144th St,Seattle,WA,98168
AND WHEREAS, the undersigned, who is the present Beneficiary under
said Deed of Trust, desires to appoint a successor Trustee under said
Deed of Trust in the place and stead of present Trustee thereunder;
Now therefore, the undersigned hereby appoints WASHINGTON RECONVEYANCE
COMPANY whose address is 400 E MAIN STREET STB1RCN, STOCKTON, CA
95290 3767 as Successor Trustee under said Deed of Trust, to have all
the powers of said original Trustee, effective immediately.
WASHINGTON MUTUAL BANK
On January 08, 2002
By:
SUE SOUTHWICK, ASST. VICE PRESIDENT
STATE OF California
COUNTY OF San Joaquin
ON January 08, 2002, before me, Clara Maxwell, a Notary Public in and
for San Joaquin County, in the State of California, personally
appeared SUE SOUTHWICK, ASST. VICE PRESIDENT, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity, and that by his /her /their signature on the
instrument the person(s), or the entity upon behalf of which the
per (s) acted, executed the instrument.
WI
fi ial f -1,
Cla xwe
Notary Expires: 12/04/ 002 #1203773
; ► � �I ► �j' !I
I f�► I �I�
2002 0129000265
e1A- §aarlo 6 Lee KING COUNTY, 81RST &1
11111111111111111111111111111111111111111
COMM. # 1203773 m
NOTARY PUBUC- CAUFORNIA
SAN JOAQUIN CpONy
CO MISSIOn 4, 2002
(This area for n ria l Tse al) �T T�
Washington Mutual, 400 E Main St STB1RCN, Stockton, CA 95290 -3947 800 - 282 -4840
JLS- 20020107-0084 WAKING KING WA BAT: 125075/001948857610(WASUB1
20020129000266
When Recorded Return To:
FRANK GOROG
5708 S 144th St
Seattle, WA 98168 -4548
DEED OF RECONVEYANCE
STOCKTON 156- WaMu #:0019488576 "Gorog" Lender ID:510/ King, Washington
WHEREAS WASHINGTON RECONVEYANCE COMPANY is the present Trustee of
record under the following described Deed of Trust:
Trustor: FRANK GOROG AND SILVIA GOROG, HUSBAND AND WIFE
eta Beneficiary: WASHINGTON MUTUAL BANK
as Original Beneficiary: WASHINGTON MUTUAL BANK
cV Original Trustee: CHICAGO TITLE INSURANCE COMPANY
Dated: 05/04/1999
Recorded on 05/10/1999 as Instrument No. 9905100319 Book NA, Page NA,
In the County of KING, State of WASHINGTON
Property Address: 5708 S 144th St,Seattle,WA,98168
AND WHEREAS, the above said Deed of Trust has been paid in full;
av
NOW THEREFORE, the present Trustee having received from the present
owner of the beneficial interest under said Deed of Trust and the
obligations secured thereby a written request to reconvey by reason of
the obligations secured by said Deed of Trust,
DOES HEREBY RECONVEY, without warranty, to the person or persons
legally entitled thereto, the estate, title and interest now held by
it under said Deed of Trust, describing the land therein as more fully
described in said Deed of Trust.
By WASHINGTON RECONVEYANCE COMPANY as
Trustee
On January 08, 2002
By:
SUE SOUTHWICK, ASST. VICE PRESIDENT
WI
f ial _ - , -"1,
Cla xwe 1
Notary Expires: 12/04/2002 #1203773
I ii i �I -__
F I I
2pp 0T0�320129000266
omit Fd201F 8.00
KING COUN TY, WA
11111111311 11111111111111111111111111
(This area for notarial seal)
Washington Mutual, 400 E Main St STBIRCN, Stockton, CA 95290 -3947 800 - 282 -4840
JAS- 20020107-0084 WAKING KING WA BAT: 125075/001948857610(WADORI
STATE OF California
COUNTY OF San Joaquin
ON January 08, 2002, before me, Clara Maxwell, a Notary Public in and
for San Joaquin County, in the State of California, personally
appeared Sue Southwick, Asst. Vice President, personally known to me
(or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is /are subscribed to the within instrument and
acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity, and that by his /her /their signature on the
ins ment the person(s), or the entity upon behalf of which the
per n(s) acted, executed the instrument.
CLARA MAXWELL
COMM. # 1203773
WARY PUBLIC -CAUFORMA SAN JOA IWN cow/
Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in)
3365900661
3365900660
Reference Number(s) of Documents assigned or released:
Additional reference #'s on page of document
Grantor(s) (Last name, first name, initials)
1. G0 20 G P02 -041ut .4 S 1Lvti ,
2. /}7VO245:N'- 4 PA) iJ /ti S ,
Additional names on page of document.
Grantee(s) (Last name first, then first name and initials)
1. C. I tt 0 1c niZ GC.1 LA-
2. ,
Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
ni tz ix ► L BLR 4 04 — 0.s
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number II Assessor Tax # not yet assigned
336 NO - OCC)
336. qc), - o aco
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to
verify the accuracy or completeness of the indexing information provided herein.
Return Address:
1L 0-O2O
. s /L/4F
"6" r c.J4 9 PI 6 e
10111110 11111111111111
i
20041216001837
FRANK GOROG BLA 70.00
PAGE001 OF 008
12/16/2004 14:13
KING COUNTY, WA
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04)
11
I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
36.18.010. I understand that the recording processing requirements may cover up or otherwise
obscure some part of t e of thepriginal document.
11
Signature of Requesting Party
andrew jennings
frank gorog silvia gorog
DECLARATION:
AFFIDAVIT OF OWNERSHIP FOR BOUNDARY LINE ADJUSTMENT
Know all men by these presents that we, the undersigned, owner(s) in fee simple of the land herein
described do hereby make a boundary line adjustment. The undersigned further declare this boundary
line adjustment to be the graphic representation of said boundary line adjustment and the same is made
with the free consent and in accordance with the desire of the owner(s).
In witness where • we have set our • nds and seals.
0 Name: � Name:
Name: Name:
O a Name: S � . Name:
Name: Name:
STATE OF WASHINGTON
County of King Afe ` � On this day personally appeared before me ✓ J C t/- � v A 1)k_
to me known to be the individual described in and who executed the within and foregoing ins rument, and
acknowledge that h e signed the same as Ai .5 free and voluntary act and deed, for the
uses and purposes therein mentioned. 1
GIVEN under my., `of4'�c seal this 3/0 day of Au juST , 20 0V .
uu �t �
- - ' atc.ez a. ite...u
' = �Jayyi A a L � �,��� Signature:
? o � NOTA/ ' :.. ; Name as commissioned: Alice- A. De aG
: V /
""" Title: /Votary
y
• AUi . O r My appointment expires: 6-/6- 03
� Nom
f ,......•• ` ti
STATE OF WAS�H"�.•*
County of King
O p. '� + ‘1" fl e
?, to 0
~
' P Li3o C ' : x
...4 `r __l9_06"'.0
c ' r WAc
On this day personally appeared before me �� � S/L V( 14' Gn f2 DG
to me known to be the individual described in and who executed the within and foregoing instrument, and- 'y
acknowledge that'( k - signed the same as�<' free and voluntary act and deed, for the
uses and purposes there k nentioned.
GIVEN under my hand and official seal this day of
Title:
Signature:
Name as commissioned: MIL_ &ticifikfAeiN
My appointment expires: -
Return Address:
City of Tukwila
Department of Community Development
6300 Southcenter Boulevard
Tukwila, WA 98188
BOUNDARY LINE ADJUSTMENT NUMBER �'� -
CITY OF _ TUKWILA, WASHINGTON
Grantor(s): �Y s' j S A pSreW G 0 / 2 - 06-
Last Name First Name Last Name
Additional grantors on page _ of document. If needed
Grantee(s): The Public
Assessor's Property Tax Parcel or Account Number(s): T 0 (-1(
Legal Descriptions: ti � 5ck-- "9 6 O
Before the Boundary Line Adjustment:
After the Boundary Line Adjustment:
DEPARTMENT OF ASSES this
Sca o
■
Reviewed and approved by the Short Subdivision Committee and hereby certified for filing this
day of , 20
ffAiv S/C. ✓/
First Name
Chair, Short Subdivision Committee
Page 1 of f
RECEIVED
'AUG 31 2004
D E V ° E M L MUN IrY
+i, NT
BOUNDAF" LINE ADJUSTMENT/LOT COW 'LIDATION
1Y OF TUKWILA, WASHINGTS
FILE NO. - QS
0c c r
LEGAL DESCRIPTIONS °FI,F'hy 100A -
BEFORE THE ADJUSTMENT: 4°,N,�y
PARCEL "A"
The West 102 feet,of .Lots 1 and 2, Block 7, HILLMAN'S SEATTLE
GARDEN TRACTS, according to the plat thereof recorded in Volume 11
of Plats, page 24, records of King County, Washington;
EXCEPT THE South 5 feet for street.
PARCEL "B"
Lots 1 and 2, Block 7, HILLMAN'S SEATTLE GARDEN TRACTS, according
to the plat thereof recorded in Volume 11 of Plats, page 24,
records of King County, Washington;
EXCEPT THE South 5 feet for street;
ALSO EXCEPT the West 102 feet.
AFTER THE ADJUSTMENT:
See attched.page
NAME
APPROVAL
Department of Community Development.
Examined and approved this 2:400,i Y
day of
Director, Dept. of Community Development
Dept. of Public Works:
Exam and approved this
2 day of __ 5AfAhrmlim4.3r
tor, Dept. of Pub 'c Works
Return to: Dept. of Community Development
Filed for record at the realest of: Planning Division
Af4Df2.E.vv G JCN1,NINCfS City of Tukwila
6300 Southcenter Boulevard
Tukwila, Washington 9818S
Page 1_ of . L1
BOUN Y LINE ADJUSTMENT /LOT CONSOLIDATION
CITY OF TUKWILA, WASHINGTON RF�F
jI D
FILE N0. L. Q - 0j - 1 4/40
LEGAL DESCRIPTIONS 3
AFTER THE ADJUSTMENT: ���o1 ?OO
PARCEL "A"
The West 102 feet of Lots - 1 and 2, Block 7, HILLMAN'S SEATTLE
GARDEN TRACTS, according to the plat thereof recorded in Volume
11 of Plats, page 24, records of King County, Washington;
EXCEPT the South 5 feet for street;
ALSO EXCEPT that portion of said lots described as follows:
Commencing at the Southeast Corner of said subdivision;
Thence N O1 ° 23'14 "E along the East Line of said West 102 feet
a distance of 59.10 feet to the TRUE POINT OF BEGINNING;
Thence N 89 ° 18'19 "W a distance of 16.00 feet;
Thence N O1 ° 23'14 "E 60.03 feet to the North Line of said subdivision;
Thence S 88 ° 48'10 "E along said North Line 16.00 feet to the
Northeast Corner of said subdivision;
Thence S 01 ° 23'14 "W a distance of 59.89 feet to the POINT OF
BEGINNING.
PARCEL "B"
Lots 1 and 2, Block 7, HILLMAN'S SEATTLE GARDEN TRACTS, according
to the plat thereof recorded in Volume 11 of Plats, page 24, records
of King County, Washington;
EXCEPT the South 5 feet for street;
ALSO EXCEPT that portion lying Westerly and Southerly of 'the
following described lines:
Commencing at the intersection of the East Line of the West 102 feet
with the North Line of the South 5 feet of said Lot 1, said
intersection being the TRUE POINT OF BEGINNING;
Thence N 01 ° 23'14 "E along said East Line of the West 102 feet a
distance of 59.10 feet;
Thence N 89 ° 18'19 "W a distance of 16.00 feet;
Thence N 01 ° 23 1 14 "E a distance of 60.03 feet to the North Line
of said Lot 2 and the TERMINUS of said lines.
PORTION TO BE GRANTED TO PARCEL "B" FROM PARCEL
Commencing at the intersection of the East Line of the West 102 feet
with the North Line of the South 5 feet of Lot 1, Block 7, HILLMAN'S
SEATTLE GARDEN TRACTS, according to the plat thereof recorded in
Volume 11 of Plats, page 24, records of King County, Washington;
Thence N 01 ° 23'14 "E along said East Line of the West 102 feet a
distance of 59.10 feet to the TRUE POINT OF BEGINNING;
Thence N 89 ° 18'19 "W a distance of 16.00 feet;
Thence N O1 ° 23'14 "E 60.03 feet to the North Line of Lot 2 of said plat;
Thence S 88 ° 48'10 "E along said North Line 16.00 feet;
Thence S 01 0 23'14 "W 59.89 feet to the POINT OF BEGINNING.
(Contains 959 square feet, more or less)
3
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'F'OR.OF SE'` OF S'�.)F SEC. 14-23-4-
KING COUNTY, WASH .
86.00'
CALC .
SET LS. 17663
CAP 4. REBAR.
1 'SOUTH OF CORNER
PROPOSED
LOT LINE
102.00' DEED
142.00' PLAT
S88 ° 48'10 "
a
SET L.S. 17663 2
CAP 4 REBA R
3' NORTH OF CORNER
PROPosED
LINE N
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L 1 I Pr Z4- sET L.S. 17663
CAP % RESAR
GARAGE
0rW. of
� t- EXIST. LINE
o9 "w.
• . t41 .... -- STREET R/w - - ---- -- -.. ...
I 9z.00' PLAY
<42'7.00' PLAT>
428.67'MEAS• S. 144
N 88 °48' 20" W K.C.A.S. (BASIS OF
NOTE: INSTRUMENTATION FOR THIS SURVEY
WAS A 5 SECOND THEODOLITE AND ELECTRONIC
DISTANCE MEASURING UNIT. SURVEY METHODS
USED TO PERFORM THIS SURVEY EXCEED MINIMUM
STANDARDS OF WAC 332 - 130 -090.
Land Surveyor's Certificate:
This Boundary Line Adjustment /Lot Consolidation correctly
represents a survey* made by me or under my direction in
conformance with the requirements of appropriate State statute.
Name: C
Date:
3 18 , 19%
Certificate No. 1'7 � »3
*A lot consolidation does not require a survey of the
perimeter unless the lines are adjusted.
'W. OF EXIST. LINE 105.82' CALL .
<106.00' PLAT>
�I 1
w SET L.S. t7663 TAG
TACK IN AS PHAL T
3 ' 3' NORTH OF CORNER .
<90. 00' PLAT>
84.82' CAL.C.
STREET" RfW
Page
ST.
BEARING
Ma NIMf1
4 ,loin IIMM 11111I.IIII /MMIIIM11111I1MMM11
EXPIRES 6/9/1/
of
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CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukplan @ci.tukwila.wa.us
BOUNDARY LINE
ADJUSTMENT/LOT
CONSOLIDATION
INFORMATION
A Boundary Line Adjustment is the realignment of property lines between adjacent parcels. Additional
legal lots may not be created. A Lot Consolidation is the elimination of property lines and the
consolidation of two or more lots into fewer lots.
REQUIREMENTS: All amended lots must meet minimum lot sizes and otherwise satisfy the review
criteria. The current standards apply even if the original lots did not conform. No amended lots may
create a nonconformity or increase the level of non - conformity with any current regulations.
PROCEDURE: The process for both a Boundary Line Adjustment and for a Lot Consolidation
consists of three steps: preliminary approval, final approval and recording. Within 28 days of receiving
your application, City staff will determine if it is complete based on the attached "Complete Application
Checklist ". If not, you will be mailed a letter outlining what additional information is needed.
PRELIMINARY APPROVAL: Once the application is complete it will be reviewed by the Short
Subdivision Committee, made up of Fire, Public Works and Community Development department
heads. The Committee will issue a decision to approve, modify or deny the application based on the
review criteria in Chapter 17.08 of the Tukwila Municipal Code.
FINAL APPROVAL: After the preliminary approval conditions have been met, an application for final
approval shall be submitted to DCD for final review. A complete final application shall consist of the
documents required for recording including:
1. Drawing or survey of the Boundary Line Adjustment/Lot Consolidation,
2. - Before and -after legal descriptions of the affected lots,
-3: Affidavit of Ownership signed by all owners,
st: Application on a form provided by the Department of Community Development,
5. Other documentation necessary to demonstrate the conditions of the approval have been
• met.
Upon receiving approval from the City, the applicant will be responsible for picking up the documents
from DCD and recording them with King County Recorders Office. A copy of the recorded documents
must be returned to DCD to finalize the approval process. The adjustment shall not be deemed complete
until the City receives these documents.
C: Nora's Files\Red_Book18LAAP.DOC. 01/17/03
O
0
0
WASHINGTON TITLE COMPANY
15 S. Grady Way, Suite 120, Renton, Washington 98055 (425)255 -7575 FAX (425)255 - 0285
Seattle (206)682 -5269
Andrew C. Jennings
5702 South 144th Street
Tukwila, Washington 98168
Policy No. N294991 -1
Customer Reference: Jennings
Enclosed, please find your policy for Title Insurance. Thank you for using Washington Title
Company.
WASHINGTON TITLE COMPANY
Policy No. N294991
Date of Policy: May 29, 2003
at: 11:11 a.m.
1. Name of Insured:
SCHEDULE A
ANDREW C. JENNINGS, an unmarried person
2. The estate or interest in the land which is covered by this policy is:
FEE SIMPLE
3. Title to the estate or interest in the land is vested in:
ANDREW C. JENNINGS, an unmarried person
4. The land referred to in this policy is described as follows:
Amount of Insurance: $241,500.00
Premium: $724.00
Sales Tax: $63.71
The west 102 feet of Lots 1 and 2, Block 7, Hillman's Seattle Garden Tracts, according
to the plat thereof recorded in Volume 11 of Plats, page(s) 24, in King County,
Washington;
EXCEPT south 5 feet of the west 102 feet of Lot 1 for highway purposes as conveyed
to the City of Tukwila, by Deed recorded under King County Recording Number
7105100448.
AUG 31 ?004
1 N294991
5. Covered Risks 14, 15, 16 and 18 contained in the ALTA Homeowner's Policy include
certain deductibles and maximum dollar limits to coverage. The Covered Risks, the
deductibles and our maximum dollar limit of liability are:
Your Deductible Amount Our Maximum Dollar Limit
Covered Risk 14: 1% of Policy amount, or $10,000.00
$2,500.00 (whichever is less)
Covered Risk 15: 1% of Policy Amount, or $10,000.00
$5,000.00 (whichever is less)
Covered Risk 16: 1% of Policy Amount, or $25,000.00
$5,000.00 (whichever is less)
Covered Risk 18: 1% of Policy Amount, or $5,000.00
$2,500.00 (whichever is less)
RECE
AUG 31 ?
Off-
2 N294991
This policy does not insure against loss or damage (and the Company will not pay costs,
attorneys' fees or expenses) which arise by reason of:
SPECIAL EXCEPTIONS:
1. EASEMENT, AND THE TERMS AND CONDITIONS THEREOF:
PURPOSE: Garage overlap
DISCLOSED BY: 8904120886
AREA AFFECTED: The northeasterly portion of said premises
2. EASEMENT FOR GRADING OF STREET SLOPES, AS NECESSARY, OVER PORTION OF
PREMISES ADJOINING STREET OR ALLEY AS GRANTED IN INSTRUMENT:
RECORDED: May 10, 1971
RECORDING NUMBER: 7105100448
GRANTEE: City of Tukwila
3. GENERAL PROPERTY TAXES AND SPECIAL DISTRICT CHARGES, AS FOLLOWS,
not including interest, penalty and statutory foreclosure costs, if any, after delinquency:
(First half delinquent May 1, Second half delinquent November 1)
YEAR:
TAXES:
AMOUNT BILLED:
AMOUNT PAID:
AMOUNT DUE:
SCHEDULE B
Policy No. N294991
EXCEPTIONS FROM COVERAGE
2003
$2,618.96
$1,309.48
$1,309.48
TAX ACCOUNT NUMBER: 336590- 0661 -04
LEVY CODE: 2380
CURRENT ASSESSED VALUE: Land: $65,000.00 Improvements: $135,000.00
3 N294991
4. DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR:
TRUSTEE:
BENEFICIARY:
ADDRESS:
LOAN NO.:
AMOUNT:
DATED:
RECORDED:
RECORDING NO.
END OF POLICY
Andrew C. Jennings, a single person
Washington Title Insurance Company
Phoenix Savings Bank, a Washington corporation
155 Northeast 100th Street Suite 110, Seattle, Washington 98125 -0973
Not disclosed
$237,763.00
May 23, 2003
May 29, 2003
. 20030529001596
AUG 3 .� m04
D E - /EL p pM Ey , I
4 N294991
Auth
rized Signatory
INFLATION PROTECTION ENDORSEMENT
Reorder Form No. 7686
HOME OWNER'S INFLATION PROTECTION ENDORSEMENT
Issued by
TIMOR TITLE INSURANCE COMPANY
Attached to and forming a part of Policy of Title Insurance No. N294991
The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional
monetary protection to the insured Owner named in said Policy, hereby modifies said Policy, as follows:
1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said
Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner
and to the extent hereinafter specified.
2. "Adjustment Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January 1
which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which
this Endorsement is attached, and on each succeeding January 1.
3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the
maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore
under the terms of this Endorsement) by the same percentage, if any, by which the United States Department
of Commerce Composite Construction Cost Index for the month of September immediately preceding
exceeds such Index for the month of September one year earlier; provided, however, that the maximum
amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of
said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions
and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the
amount of insurance for years in which there is no increase in said Construction Cost Index.
4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall
be deemed to be the amount which is in force as of the date on which the insured claimant first learned of
the assertion or possible assertion or possible assertion of such claim, whichever shall first occur.
PROVIDED, HOWEVER, this endorsement shall be effective only if one of the following conditions exists at Date of Policy:
a. The land described in this policy is a parcel on which there is only a one -to -four family residential structure,
including all improvements on the land related to residential use, in which the insured Owner resides or
intends to reside; or
b. The land consists of a residential condominium unit, together with the common elements appurtenant thereto
and related to residential use thereof, in which the Insured Owner resides or intends to reside.
This Endorsement, when countersigned below by an authorized signatory, is made a part of the policy and is subject to all the
terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies
any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy
and prior endorsements or increase the face amount thereof.
IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized
officers.
TICOR TITLE INSURANCE COMPANY
Authorized Signatory
ENDORSEMENT
Attached to Policy No. N294991
Issued by
TICOR TITLE INSURANCE COMPANY
1. This Endorsement shall be effective only if at Date of Policy there is located on the land described in said Policy a
one -to -four family residential structure, in which the Insured Owner resides, either at Date of Policy or within one
year of Date of Policy, as the insured owner's principal residence. For the purpose of this Endorsement the term
"residential structure" is defined as the principal dwelling structure located on the land, together with a garage or
carport used for storage of noncommercial vehicles. The term "residential structure" shall not include detached
outbuildings (other than a garage or carport as defined herein), driveways, walkways, boat ramps, docks, recreational
facilities of any kind, subsurface lines, pipes, tanks, septic systems and/or drainfields, plantings of any nature,
perimeter fences or perimeter walls, or any other improvements which are not an integral part of the residential
structure.
2. The Company hereby insures the Insured Owner against Loss or damage which the Insured Owner shall sustain by
reason of:
a. the existence at Date of Policy of any unrecorded statutory liens for labor or materials attaching to the estate
or interest arising out of any work of improvement on the land in progress or completed at the Date of the
Policy, except those liens arising out of a work of improvement for which the insured has agreed to be
responsible.
b. the removal of the residential structure or interference with the use thereof for ordinary residential purposes
as the result of a final Court Order or Judgment, based upon the existence at the Date of Policy of:
(1) any encroachment of the residential structure or any part thereof onto adjoining lands, or
onto any easement shown as a special exception in Schedule B of the Policy, or onto any
unrecorded subsurface easement;
(2) any violation on the land of enforceable covenants, conditions or restrictions provided that
this coverage shall not refer to or include the terms, covenants and conditions contained in
any lease, sublease or contract of sale referred to in this Policy;
3) any violation of applicable zoning ordinances to the extent that such ordinances regulate
(a) area, width or depth of the land as a building site for the residential structure; (b) floor
space area of the residential structure; (c) setback of the residential structure from the
property lines of the land; or (d) height of the residential structure.
c. damage to the residential structure resulting from the exercise of any right to use the surface of the land for
the extraction or development of the minerals shown as an exception in Schedule B, or excepted from the
description of the land.
For purposes of this endorsement, the words "covenants," "conditions" or "restrictions" shall not be deemed to refer to or
include any covenants, conditions or restrictions relating to environmental protection, except to the extent that a notice of
violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in
Schedule B.
This Endorsement, made a part of the policy and is subject to all the terms and provisions thereof and of any prior
endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy
and any prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the
face avf unt thereof.
HOME OWNER'S ADDITIONAL PROTECTION ENDORSEMENT -WA Form
F. 7683(Rev. 12.95)
TICOR TITLE INSURANCE COMPANY
11400 11394rs
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'AUG 31 2004
D1/ELI Nt
AFTER RECORDING MAIL TO:
Executed this
Name Washington Mutual Bank
Address Consumer Loan Servicing SSCO230
PO Box 91006
City, State, Zip Seattle, WA 98111
Loan # 1160020741906
Filed for Record at Request of:
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY INTEREST IN THE
PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER
OR LATER SECURITY INSTRUMENT.
The undersigned subordinator and owner agrees as follows:
1. Washington Mutual Bank, referred to herein as "subordinator," is the owner and holder of a mortgage
dated JUNE 15, 2001 which is recorded in volume of Mortgages, page under auditor's file No.
20011211001204 , records of KING County.
2. Washington Mutual Bank, referred to herein as "lender," is the owner and holder of a mortgage dated
OCTOBER 11, 2002 executed by FRANK AND SYLVIA GOROG, HUSBAND AND WIFE which is
recorded in volume of Mortgages, page _ under auditor's file No.
records of County..
3. FRANK AND SYLVIA GOROG, referred to herein as "owner," is the owner of all the real property
described in the mortgage identified above in Paragraph 2.
4. In consideration of benefits to "subordinator" from "owner," receipt and sufficiency of which is hereby
acknowledged, and to induce "lender" to advance funds under its mortgage and all agreements in
connection therewith, the "subordinator" does hereby unconditionally subordinate the lien of his mortgage
identified in Paragraph 1 above to the lien of "lender's" mortgage, identified in Paragraph 2 above, and all
advances or charges made or accruing thereunder, including any extension or renewal thereof.
5. "Subordinator" acknowledges that, prior to the execution hereof, he has had the opportunity to examine the
terms of "lender's" mortgage, note and agreements relating thereto, consents to and approves same, and
recognizes that "lender" has no obligation to "subordinator" to advance any funds under its mortgage or see
to the application of "lender's" mortgage funds, and any application or use of such funds for purposes other
than those provided for in such mortgage, note or agreements shall not defeat the subordination herein
made in whole or in part.
6. It is understood by the parties hereto that "lender" would not make the loan secured by the mortgage in
Paragraph 2 without this agreement.
7. This agreement shall be the whole and only agreement between the parties hereto with regard to the
subordination of the lien or charge of the mortgage first above mentioned to the lien or charge of the
mortgage in favor of "lender" above referred to and shall supersede and cancel any prior agreements as to
such, or any, subordination including, but not limited to, those provisions, if any, contained in the
mortgage first above mentioned, which provide for the subordination of the lien or charge thereof to a
mortgage or mortgages to be thereafter executed.
8. The heirs, administrators, assigns and successors in interest of the "subordinator" shall be bound by this
agreement. Where the word "mortgage" appears herein it shall be considered as "deed of trust," and gender
and number of pronouns considered to conform to undersigned.
day of , 2002.
LPB -35 7/97
Page 1 of 2
Dated:
STATE OF
COUNTY OF
Dated:
MARY S EEHAN, TEAM MANAGER
By:
SYLVIA GOROG
STATE OF
}ss
COUNTY OF
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE
PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN, A PORTION OF
WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT OF THE LAND. IT IS
RECOMME ED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,
S CONSULT WITH HIS/HER/THEIR ATTORNEYS WITH RESPECT THERETO.
By WASHINGTON MUTUAL BANK
By By
FRANK GOROG
I certify that I know or have satisfactory evidence that
(is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he /she/they) signed this
instrument and acknowledged it to be (his/her /their) free and voluntary act for the uses and purposes
mentioned in this instrument.
Notary Public in and for the state of
My appointment expires:
• ENE A • X1 1
4.
.••yg10N
a t tOTARY 1 (� /
NuBuc
.• ▪ �
I certify that I know or have satisfactory evidence that • r;`r ��!�• is • the person who appeared
before me, and said person acknowledged that he/she signed titiaiosttedant, on oath stated that he /she is
authorized to execute the instrument and acknowledged it as the of
Washington Mutual Bank to be the free and voluntary act of such party for the uses and purposes mentioned in
this instrument.
nib
v G a ss
f t
My appointment expires:
Notary Public in and for the state o
LPB -35 7/97
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