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HomeMy WebLinkAbout2002 - Deed of Trust - Nevsco LLC / Mastro Michael - 2002080600213120020806002131 czp Grantees(s) 1 MICHAEL R MASTRO Retum Address MICHAEL R MASTRO 510 RAINIER AVENUE SOUTH SEATTLE, WASHINGTON 98144 Grantor(s) • • Document Titles) (or transactions contained therein) 1 DEED OF TRUST _ /(fir 3r7- 3qo IU� 4 Reference Number(s) of Documents assigned or released: (on Page of documents(s)) e v 1 NEVSCO, LLC �� �INS�JRANCE 2 ca 4 Additional names on page of document up Additional names on page of document Legal description (abbreviated ► e lot, block plat or section, township, range) PTN GOVERNMENT LOT 10 SEC 4 TWN 23 N ROE 4 E Additional legal is on pages 8 of document Assessor's Property Tax Parcel/Account Number 042304-9148-09 Additional parcels are on page of document Washington State County Auditor/Recorder's Indexing Form (Cover Sheet) K1NG,WA Document: TDD 2002.0806002131 Printed on 4/27/2006 3:25:13 PM Provided by Data Trace System Title Officer: RT Order: 10862609 Comment: 9148 20020806002131 88 /200 1s�et ?�.e0 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 C i nPage 1 of 6 7.214°. Return to. MICHAEL R. MASTRO 510 Rainier Avenue South Seattle, Washington 98144 RE: Duwamish DEED OF TRUST DEED OF TRUST (For Use in the State of Washington Only) Title Officer: RT Order: 10862609 Comment: 9148 Grantor: NEVSCO, L L.C. Beneficiary(ies): MICHAEL R. MASTRO Legal Description. LOT 04- 23 -04, BLK 9148, CODE 2417, SEC 04, TWP 23, RG 04 Assessor's Tax Parcel IN 042304 - 9148 -09 KING, WA Document: TDD 2002.0806002131 Printed on 4/27/2006 3:25:13 PM Provided by Data Trace System �:, THIS DEED OF TRUST is made this tQ day of AUGUST, 2002, by and between c -;, NEVSCO, LLC., a Washington limited liability company ( "Grantor "), whose address is 2922 C' S. 112th St. Tukwila, WA 98168, PACIFIC NORTHWEST TITLE COMPANY, a corporation, ('Trustee "), whose address is 215 Columbia Street, Seattle, WA 98104, and c MICHAEL R. MASTRO a married man as his separate estate, ( "Beneficiary"), whose address is 510 Rainier Avenue South, Seattle, Washington 98144. . o WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of c sale, The following described real property in King County, Washington. - SEE ATTACHED EXHIBIT "A" FOR THE LEGAL DESCRIPTION MADE A PART HEREOF BY REFERENCE HEREIN. Which real property is not used principally for agricultural or farming purposes, together with all the tenements, herediments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining and the rents, issues and profits thereon This deed is for the purpose of securing performance of each agreement of grantor herein contained, and payment of the sum of ($1,600,000.00) ONE MILLION SIX HUNDRED THOUSAND DOLLARS and NO /CENTS with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such rate as shall be agreed upon. Page 2 of 6 • • 7. To protect the security of the Deed of Trust, Grantor covenants and agrees. I To keep the property in reasonable condition and repair; to permit no waste thereof, and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property; 2 To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. 3 To keep all buildings now or hereafter erected on the property descnbed herein continuously insured against lost by fire or other hazards m an amount not less than the total debt secured by this Deed of Trust 4 To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust 5 To pay all reasonable costs, fees and expenses incurred in enforcing the terms of this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attomey's fees actually incurred, as provided by statute. T 6 Should Grantor fail to pay when due any taxes, assessments, insurance premiums. liens, cv encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured .0 hereby, shall be added to and become a part of the debt secured in this Deed of Trust c IT IS MUTUALLY AGREED THAT c 1. In the event any portion of the property is taken or damaged in an eminent domain • proceeding, such portion of the award as may be necessary to fully satisfy tfie obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2 By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3 The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto on written requires of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary of the person entitled thereto 4 Upon default by Grantor in the payment of any indebtedness secured herby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act KING,WA Document: TDD 2002.0806002131 Printed on 4/27/2006 3:25:13 PM Provided by Data Trace System Title Officer: RT Order: 10862609 Comment: 9148 Page 3 of 6 co • Sven R. Bitners, Sole Member • Title Officer: RT Order: 10862609 Comment: 9148 of the state_of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale -.as follows (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust, (3) the surplus, if any, shall be distributed to the persons entitled thereto 5 Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have acquired hereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrances for value 6. The power of sale conferred by this Deed of trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy, Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage 7 In the event of the death, incapacity, disability, or resignation of Trustee. Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment m the mortgage records of the county to which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust at of any action or proceeding m which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. N c J NEVSCO, LLC, a Washington Limited ` Liability Company KING,WA Document: TDD 2002.0806002131 Page 4 of 6 Printed on 4/27/2006 3:25:14 PM Provided by Data Trace System A CO CP N • O p N STATE OF WASHINGTON COUNTY OF KING • • I certify that I know or have satisfactory evidence that SVEN R. MINERS signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledge it as the sole member of NEVSCO, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument DAT My appointment expires iv rtaf -,..•i 06 L Notary Public ie any or e State of Washington, Residing at � 'WTHLEE N q " 1 C w NOTARY PO 4-i i � STATE OF WA, COMM rS, ,• .' ..r JANUA °3 4 E8 Title Officer: RT Order: 10862609 Comment: 9148 KATHLEEN A ALLEN NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JANUARY 13, 2004 t KING,WA Document: TDD 2002.0806002131 Page 5 of 6 Printed on 4/27/2006 3:25:14 PM Provided by Data Trace System PARCEL A: • • Title Officer: RT Order: 10862609 Comment: 9148 THAT PORTION OF GOVERNMENT LOT 10, SECTION 4, TOWNSHIP 23 NORTH, RANGE 4 EAST, W. M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS' BEGINNING AT THE INTERSECTION OF THE WEST MARGIN OF STATE HIGHWAY NO. 1, AND THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF -WAY AS CONDEMNED IN KING COUNTY SUPERIOR COURT CAUSE NO. 121648, BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE NORTH MARGIN OF THE CITY OF SEATTLE PIPELINE RIGHT -OF- WAY SOUTH 89 °30'59" WEST 414.14 FEET; THENCE NORTH 58 °42'14" WEST 80.75 FEET; THENCE NORTH 33 °16'12" EAST 137.00 FEET; THENCE NORTH 00 °23'17" WEST 30.00 FEET; THENCE NORTH 46 °08'49" EAST 74.59 FEET; THENCE NORTH 33 °16'12" EAST 77.00 FEET TO THE SOUTH MARGIN OF THE CITY OF SEATTLE TRANSMISSION LINE RIGHT -OF -WAY, THENCE SOUTH 57 °20'50" EAST TO THE WEST MARGIN OF STATE HIGHWAY NO. 1; THENCE SOUTHWESTERLY ALONG THE WESTERLY MARGIN OF SAID HIGHWAY TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: AN EASEMENT FOR ROADWAY AS ESTABLISHED IN DOCUMENT RECORDED UNDER RECORDING NO. 5112054. 1 KING,WA Document: TDD 2002.0806002131 Page 6 of 6 Printed on 4/27/2006 3:25:14 PM Provided by Data Trace System