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HomeMy WebLinkAbout1999 - Deed of Trust - Schneider & Schneider / Key Bank - 1999101900167319991019001673 KEYBANK ASSOCIATION COMMERCIAL LOAN SERVICES PA. BOX 6278 BOISE,10 87705.6278 FIRST AMERICAN DT 10.50 DEED OF TRUST Reference N (it applicable): Grantor(s): 1. SCHNEIDER & SCHNEIDER L.L.C. Granlee(s)tASSigneelBen eticiary: KEYBANK NATIONAL ASSOCIATION. Beneficiary FIRST AMERICAN TITLE INSURANCE COMPANY. Trustee Legal Description: TRACT 1, INTERURBAN ADD.. VOL 10, P. 55 Assessor's Tax Parcel ION: 359700 - 0006 -0 A 000320- 0009 -04 19991019001673 PAGE set OF 011 10/18/1882 NGCUN COUNTY, 11111 iEiowua11�� �45a M Additional on page _ Additional on page 2 THIS DEED OF TRUST IS DATED SEPTEMBER 30, 1999, among SCHNEIDER & SCHNEIDER L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY, whose mailing address Is 2201 THIRD AVE. #704, SEATTLE, WA 98101 (referred to below as "Grantor "): .KEYBANK NATIONAL ASSOCIATION, whose mailing address Is 700 FIFTH AVENUE, P.O. BOX 90 WA -31 -10 -4738, SEATTLE, WA 98111 -0090 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and FIRST AMERICAN TITLE INSURANCE COMPANY, whose mailing address Is 2101 FOURTH AVENUE SUITE 800, SEATTLE, WASHINGTON 98121 (referred to below as "Trustee "). Z }_- Z W QQ � JU 00 Cr) u) J F- W O g fn = d I— _ Z1.- I— O Z F- W W. U � O - O I- W W 0 O .Z S2 =. O ~ Z • 09-30 -1999 DEED OF TRUST Page 2 Loan No 1000009701 (Continued) CONVEYANCE AND GRANT. For valuable conslderallon, Grantor conveys to Trustee In (rust with power of sate, right of entry and poleesadon and for the benefit of Lender as Beneficiary, add Grantor's right. bee, and interest in and to the following described real property, together with ad existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; ad water, water rights and ditch rights (Including stock in uMites with ditch or engehon rights), and if other rights. royalties, and rohts retab to the real property, including without limitation ad minerals. at. gas. geothermal and similar matters, loca in KIN County, State of Washington (the "Real Property "): SEE SCHEDULE A2 The Real Property or Its address Is commonly known as 14900 INTERURBAN AVENUE, TUK WILA, WA 98168. The Hear Property tax roentrhcation number is 359700- 000G-07 a r)oo3;o- l.oa Grantor hereby assigns as security to Lender. all of Grantor's right, bee, and interest in and toad leases, Rants. and profits of the Property. This assignment is recorded in accadanca with RCW 65.08.070; Ina ben created by this assignment is intended to be spec rc, perfected and choale upon the recording d this Dead of Trust. Lender grants to Grantor a li to collect the Rents and profits, which bcenSe may be revoked al Lender's option and stall be automatically revoked upon acceleration of all or part or the Indebtedness. DEFINITIONS. The following words stud ha:_ the loaowing meanings when used in the Deed of Trust Terms not otherwise defined in this Deed of Trust shad have the nwarangs attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall mean amounts m lawful money of the United Stales of America. Benefletary. The word 'Beneficiary' means KEYBANK NATIONAL ASSOCIATION, its successors and assigns KEYBANK NATIONAL ASSOCIATION also Is taloned to aS lender In this Deed of Trust. Deed of Trust. The words 'Deed of Trust' mean this Deed of Trust among Grantor. Lender, and Trustee. and includes without limitation all assignment and socuidy interest provisions relating to Ina Personal Property and Rents. Grantor. The word "Grantor means any and au persons and entities executing this Deed of Trust. including without bmitetion SCHNEIDER d SCHNEIDER L L.C. Guarantor. The word 'Guarantor means and includes without imitation any and all guarantors, sureties, and accommcdaton parties in connection with the Indebtedness Improvements. The word improvements' means and includes without bmatabon ad ensbng and future improvements. buildings. structures. mobile homes affixed on the Real Property, facdties, additions, replacements and other construction on the Real Property. Indebtedness. The word 'Indebtedness' means on principal and Interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses rncarsd by Trustee or Lender to enforce obligations of Grantor under this Deed ot Tent. together with Interest on such amounts as provided in this Deed of Trust In addition to the Note, the word lndebledness' includes all oblgations, debts and babel es. plus interest thereon, of Grantor to Lender, or any one or more of them, as wall as ad clams by Lender against Grantor, or any one or more of them, whether now existing or hereeher ansng, whether related or unrelated to the purpose of the Note. whether voluntary or otherwise, whither due or not duo, absolute or contingent, liquidated or unbgedaled and whether Grantor may be liable rndiwduaay a piney with others, whether obligated as guarantor or otherwso, and whether recovery upon such Indebtedness may be or hereafter may become barred by any statute of Imitations, and whether such Indebtedness may be or hereafter may become otherwise unenforceable. Lender. The word 'Lender moans KEYBANK NATIONAL ASSOCIATION, its successors and assigns, Note. The word 'Note" means the Note dated September 30, 1999, in the original principal amount of $150,000.00 from Grantor to Lander, together with ea renewals. extensions, mcdhcehoro, refinancings, and substilubons for the Note Personal Property. The words "Personal Property' mean as equipment. futures, and other articles of personal property now or hereafter owned by Grantor. and now or hereafter attached or affixed to Ira Real Property; together with au accessians, parts. and additions to. an replacements of. and all substitutions tor. any of such property; and together with all issues and otoMs thereon and proceeds (Including without limitation all insurance proceeds and refunds of premiums) from any sate or other disposition of the Property. Properly. The word 'Property" means collectively the Real Property and the Personal Property. Read Property. The words 'Reel Property' mean the property, interests and rights described above in the 'Conveyance and Grant" section. Related Documents. The words 'Related Documents' mean and include without Imitation an promissory notes. credit agreements. loan agreements. environmental agreements. guaranties. security agreements, mortgages. deeds of trust, and all other instruments, agreements and documents. whether now or hereafter existing. executed in II Of 1999 1019001673 PACE Bee or ell 10, 19 , 1999 14 e2 Alta: COGni'. i, 09-30 -1999 Loan No 1000009701 (Continued) U. rlRST rra:RICNr DT • DEED OF TRUST Page 3 connection with the Indebtedness. Rents. The word 'Rents' means ell present and future rents, revenues, Income, sues. royalties. profits. and other benefits derived kom the Property. Trustee. TM word Trusted' means FIRST AMERICAN TITLE INSURANCE COMPANY and any substitute or suttossor huskies. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER TIE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Grantor !DO pay to Lender all amounts secured by this Deed of Trust as They become due, and shall sanely and in a hmely manna perform an of Grantors obligations under the Note. this Deed of Trust, and the Refilled Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor orates That Grantor's possession end use or the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default. Grantor may (airman in possession and control of the Property, (b) use, operate or manage the Property, and (c) collect any Rants from the Property (tins prweege Is a license from Lender lo Grantor automehcaey revoked upon default) The following provisions retitle to the use of the Property ce to ether kmilabons on the Properly. The Real Properly is not used pnnapaay for agricultural purposes. Duty to Maintain. Grantor shall maintain Lhe Property in tenantable con:Mien and promptly perform all mars. replacements, and maintenance necessary to preserve its value. Hazardous Substances. The terms 'hazardous waste; 'hazardous substance; 'disposal.' 'release; and threatened release,' as used in tins Deed of Trust, shall have the same meanings es Sol forth in the Comprehensive Environmental Response. Compensation, and Liability Act of 1980. as amended. 42 U.S.C. Section 9601. et seq. CCERC X). the Superlund Amendments and Roouthonzalbn Act of 1986. Pub. L. No. 99-499 I the Hazardous Malone% Transporfabon Act, 49 US.C. Section 1801. it seq., the Resource Conservation and Recovery Act. 42 U S C. Section 6901. el seq., or other applicable stale or Federal laws, rules, a reguahons adopted pursuant to any of the laegarg The tarns 'hazardous waste and "hazardous substance shall also include, wdnout limitation, petroleum and petroleum by- products or any traction thereof and esbeslos. Grantor represents and warrants 10 Lender that; (a) During the period of Grantors ownership of the Property. there has been no use. generation. manufacture. storage, treatment. disposal, release or threatened release of any hazardous waste or substance by airy person on. under, about or from the Property; (b) Grants has no knowledge of, or reason to behave that there has been. except as previously disclosed to and acknowledged by Lander in writing. (I) any use. genr011on, manufacture. storage, treatment, disposal. release. or threatened release of any hazardous waste or substance on, under, about or horn the Property by any prig owners or occupants of the Property or Many actual or threatened ktgalon or claims of any kind by any person retelling to such manors; and (c) Except as previously disclosed to and acknowledged by Lander t. wnhng. (i) nether Grinla nor any tenant. contractor. agent or other authonzad user of the Properly shall use, generate. manufacture, atom, treat, dispose oL or release any hazardous waste or substance on, under. about w from the Property and (e) any such activity that be conducted in compkankx with all applicable federal, stale. and local laws. regulations and ordinerces, including without kmtahon those laws. regulations, and ordinances descnbed above Grantor authorizes Lender and as agents to enter upon the Property to make such inspections and tests. at Grantors expense, as Lender may deem appropnat• to determent' compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shah be for Lender s purposes only and shall not be construed to create any responsrbldy or habely on the part of Lender to Grantor or to any other person. The representations and warranties contained heron are based on Grantor's due ck gene in investigating the Property for hazardous waste and hazardous substances. Grantor Hereby (a) releases and wanes any future claims against Lender for indemnity or cenlnbutan in the event Grantor becomes table to cleanup or drier costs under any such laws. and (DI apnea to indemnify and head harmless Lander against any and as claims. losses. liabilities, damages. penalties. and expenses which Lender may duecey or indirectly sustain or suer resulting horn a breach of this section of the Deed of Trust or as a corwlquence of any M. generation. manuhdune, storage. disposal, release a threatened release of a hazardous waste or substance on the properties. The provisions of this section of the Dad of Trust, including the obligation to indemnify, shell survive the payment of the Indebtedness and the satisfaction and reconvoyence of the hen of this Deed of Trust and shall not be affected by Lender's acgUsthal of any interest in the Property. whether by foreclosure or otherwise. Nuisance, Weals. Grantor shell not cause. conduct or permit any nuserrce nor commit, print, a sutler any stepping of or wesle on or to the Property or any portion of the Property. Without lunging the generality of the fengang. Grantor will not remove, or grant to any other party the right to remove, any hmtwr, nenarats (including od and gas). sad. gravel or rock products without the ono( written consent of Lender. Removes of Improvements. Grantor sties not r:emolah or remove any Improvements from the Real Property without the prior written consent of Lender. As a condition to the removal of any Improvements, Lender may roc um Grantor 19991019001673 Dace acs a ell 1e't9'1999 14 a2 KI K COUNTY. Ixm irwin`ty r3est ai[elcarr pt 09-30 -1999 DEED OF TRUST Page 4 Loan No 1000009701 (Continued) to make arrangements salrsleclory to Lender to replace such Improvements with Improvements of al Out equal value. Lender's Right to Enter. Lender and its agent and representatnes may enter upon the Real Property st as reasonable limes to attend to Lender's interests and to Inspect the Properly for purposes of Grantor's compliance weft the terms and condhons of this Deed of Trust. Comptlance with Governmental Requirements. Grantor shad promptly comply. and shat promptly cause compliance by al agents. tenants or eerier persons or entities of every nature whatsoever who rent lease or otherwise use or occupy the Property in any manner, with as laws, ordinances, and reputations, now or herutlar rn effect, or ell governmental authorities applicable to the use or occupancy of the Property. including without timlahon, the Amencens With orsabrkbes Act. Grantor may contest In good faith any such law, ordnance, or regulation and withhold compliance dung any proceeding, including appropriate eppoels, so long a Grantor has notified Lender m wnhng pia to dung so and so long le, in Landers sole opincon. Lender's mterests In the Property are not jeopardized. Lender may require Grantor to post adequate swung or a surely bond, reasonably satisfactory to Lender. to protect Lender's Interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do etl other acts. in addition to those acts set forth above in lhis section. which hem the character and use of the ProleM era reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may. at its option, (a) declare immediately due and peyabla all sums secured by the Dead of trust a (b) increase the interest rate provided for in the Note or other document evidencing the Indebtedness and impose such other conditions as Lender deems appropnate, upon the sale or transfer, without the Lender's prior wntlen consent. of al or any part of the Rut Property, or any interest in lire Real Property. A'sale a transfer means the conveyance of Real Property or any right, few or interest therein: whether legal, beneficial or equitable. whether voluntary or Involuntary, whether by outright sale. deed. entailment sale contract, land contact, contract for deed. leasehold interest with a term greater than three (3) years, lease -ophon contract, or by sala,.assignment, or transfer of any benehoal intwest or or to any tend Inert holding title to the Real Property, Or by any otter method of conveyance or Real Property interest. tt any Grantor is o corporation. partnership or limited liability company, transfer also includes any change in ownership of more Then twenty -live percent (25%) of the voting stock, padnersmp interests or limited lability company interests, as the case may be, of Grantor. However, this option shall not be exercised by Lender If such eseiose a prohibited by federal law or by Washington law. TAXES AND LIENS. The following provisions reeling to the taxes and lets on the Property are a part of this Deed of Trust. Payment. Grantor shall pay when due (and in all events prior to delinquency) as taxes, special taxis, assessments. charges (including water and sewer). fines and imposihons levied against or on account of the Property, and shag pay when due alt claims for work done on or for services rendered or material furnished to the Properly. Granter shall modem Hp Property free d all hens having pnony over or equal to the interest of Lender under gas Deed of Trust, except for the ban of taxes and assessments not due and except as otherwise provided in this Deed or Trust. Right To Contest. Grantor may withhold payment d any fax, assessment. or clam in connection with a good faith dispute over the obligation to pay. so long as Lender's interest in the Property is nol popardrsad. If a ken arses or IS Ned as a result of nonpayment, Grantor shaft within fifteen (15) days after the lien arses a. If a tin is Ned. within Mean (IS) days after Grantor has notice of the filing, secure the discharge of the ken, or N requested by Lender, depose with Lender cash or a sufficient corporate surely bond or other security satisfactory to Lender in an amount sufficient to discharge the hen plus any costs and attorneys' fees or other charges that glad accrue as a ieuJt d ■ tcredosure or site urder the lien. In any contest, Grantor shall defend itself and Lender and shall satiety any adverse ludgrnerd befog enforcement against the Property Grantor shall name Lender as an additional obligee under any surely bond furnished in the contest proceedings Evidence of Pigment. Grantor shun upon demand lanish to Lender satmteclay evidence of payment of the taxes or assessments and shall authorize the appndprate governmental official to deliver to Lander at arty time a written statement of the taxes and assessments against the Property. Notice 01 ConatructiOn. Grantor shag notify Lender at least fifteen (15) days before any work a commenced. any services are furnished, or any materials era supplied to the Pldperty. it any mecherecs hen, naterlalnens ken, or other ten could be asserted on account of the work, services, or materials and the cost exceeds *S.000.00. Grantor will upon request of Lender furnsh to Lender advance assurances satisfactory to Lender net Grantor can and we pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions reeling to insuring the Property are a part of ties Deed d Trust Maintenance of !nutmeg. Granter shall procure and maintain pobeias d fee insurance with standard extended coverage endorsements on a replacement basis for the full mutable value covering as Improvements on the Real Property in an amount sufficient to avoid application of My coinsurance clause. and w a standard mortgagee douse in favor of Lender. Grantor shall also procure and maintain corriprehe sve general kabarty Insurance in such coverage amounts as Lender may request with trustee and Leroy being named as additional insureds In Such In OP 19991019001673 PAGE eel Of err 10 14 as Kin; COUNT lag .r •; Z :H Z a W D JU — U U 0 w al J = H w Li _ W 0 Loan No 1000009701 (Continued) LL j lability Insurance policies. Additionally, Grantor shall maintain such other Insurance. including but not limited to - a hazard, business Qiterrupbon, and boiler Insurance, as Lender may reasonably regime. Polides shall be written in (' W loan, amounts coverages and basis reasonably acceptable to Lender and issued by a company or comparves = reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender horn bme to bme the Z policies or certificates of Insurance in form satisfactory to Lender. including sbputatwns that coverages will riot be — cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance polcy also shaft I 0 Include an endorsement provid that coverage In laves of Lender will not be unpaired In any way by any act, Z I— omission or default of Grantor or any other person. The Real Property is located in an area designated by the W W Director of the Federal Emergency Management Agency as a special food hazard area. Grantor agrees to obtain 2 D and maintain Federal Flood Insurance for the furl unpaid principal balance of the loan and any prior Tens on the D CI property securing the ban. up to the maximum policy Smits set under the National Flood Insurance Program, or as U otherwise required by Lender, and to munWn such Insurance for the term of the loan. O l/) it It Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property s estimated 0 — cost of repair or replacement exceeds SSCO.(. Lander may make proof of fossil Grantor lets to do so within fifteen — (IS) days of the casualty. Whether or not Lender's security is Impaired, Lender may. at its election, receive and retain W W the proceeds of any Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any ben I U affecting the Property. or the restoration and repair of the Properly. II Lender Mods to apply the proceeds to I restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements m it manner O rm satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reourse Grantor horn :he — proceeds for the reasonable cost of rapar or restoration it Grantor Is not in default under Ias Deed of Trust Any Z proceeds which have not been disbursed wean ISO days after thee receipt and which Lender has not committed to W the repair or reslcrabon of the Property shat be used fast to pay any amount owing to Lander under this Deed of 0 _ Trust, then to pay accrued Interest, and the remainder, d any, shalt be applied to the principal balance of the = Indebtedness. II Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid 1 without interest to Grantor as Grantor's interests may appear. 0 Z 09-30 -1999 Unexpired Insurance at Sale. Any unexpired Insurance shall inure to the benefit of. and pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sale or other sato held under the prwsiOns of this Deed of Trust. or at any foreclosure sale of such Property. Grantor's Report on Insurance. Upon request of Lender. however not more than once a year. Grantor shall furnish to Lender a report on each Gusting policy of insurance showing: (a) the name of the Insurer; (b) the risks insured, (c) the amount of the policy; (d) the property insured, the then current replacement value of such property, and the manner of determining that value: and (a) the expiration data of the policy. Grantor shall. upon request of Lender. have an Independent appraiser satisfactory to Lander determine the cash value replacement cost of the Property. EXPENDITURES BY LENDER. It Grantor fails to comply with any provision of Iles Deed of Trust, or if any action or proceeding us commenced that would materially affect Lender's interests in the Properly. Lender on Grantor's behalf may. but shall not be muted to, take any action that Lender deems appropriate. Any amount that Lender expends in so doing will bear interest at the rate provided for in the Nola horn the dale incurred or paid by Lender to the data of repayment by Grantor M such expanses, at Lender's option, will (a) be payable on demand. (b) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during afar (i) the term of any applicable Insurance policy or (e) the remaining [arm of the Note, or (c) be treated as a balloon payment which will be due end payable it the Nole's maturity. The Deed of Trust also will secure payment of these amounts. The rights provided for in this paragraph shit be In addrlon to any other rights or any re^'.,.d es to which Lender may be entitled on account of the default. Any such action by lender shag not be construed as curing the delautl so as to bar Lender horn ...z :erredy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The (Viewing provisions relating to ownership of the Property are a part of this Deed ( of Trust. Tllle. Grantor warrants that • (a) Grantor holds good and marketable title of record to the Property in lee simple, tree and char of W liens and encumbrances other than those set forth In the Real Property description or in any title insurance poky. tid report. or tint title opuson stood In favor of, and accepted by. Lender In connection with this Dead of Trust. and (b) Grantor has the hull right, power, and authority to execute and deliver this Deed of Trust to Lander. Defense of Title. Subject to the exception in the paragraph above. Grantor warrants and will fcrav r defend the lath to the Property against the lawful clams of all persons. In the event any action or proceeding Is commenced that Questions Grantor's One or the interest of Trustee or Lender under this Deed of Trust. Grantor shag defend the acf on at Grantor's expense. Grantor may be the nominal party In such proceeding. but Under shun ba entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice. and Grantor win cleaver. or cause to be delivered. to Lender such instruments as Lender may request from lime to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws. orduarnces. and regulations ol governmental authorities. CONDEMNATION. The (allowing provisions nfatirg to condemnation proceedings are a part at this Darin of Trust. rleer N[aterer et DEED OF TRUST Page S to ea 1999101900 pnCC 005 or ell KING9C1plJITr.l 2 � 09-30-1999 a. neon an[RJCAN pr Z W --I C.) 00 W = t— U) W WO Loan No 1000009701 (Continued) U-a Application of Nal Proceeds. If eft or any part of the Properly is Condemned by eminent domain proceedings or by I c' any proceeding a purchase in kw of condemntion. Lander may al its election require that aft or any portion of the _ W net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Properly. The net proceeds of the award shad mean the award after payment of all reasonable costs, expenses, and attorneys' lees Z incurred by Trustee or Lender in connection with the condemnation. Proceedings. I! any proceeding in condemnation a Ned, Grantor shall promptly nobly Lender in wntlng, and Grantor Z shall promptly lake such steps as may be necessary to defend the action and obtain the award Grantor may be the m ~ W 111 nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice as at Grantor's expense, and Grantor will deliver or cause Io be delivered to Lender such Instruments as may be requested by rl from time to time to permit such participation. U Q IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The lonowing provisions relating (/j to governmental taxes, lees and charges are a put of the Deed of Trust: ICI I— DEED OF TRUST Page 6 Current Taxes, Fees and Charges. Upon request by lender. Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action a requested by Lender to perfect and continue Lender's hen on the W W Feat Property. Grantor shall reimburse Lender for as taxes, as descried below, together with all expenses incurred = In recording. perfecting or continuing the Deed of Trust. including without Mutation all taxes, fees, documentary 1-- V stamps, and otter charges for recording or registering the Deed of Trust. L.L. 0 Taxers. The following shall constitute Was to which the section applies: (a) a speohc laic upon this type of Deed of Tint or upon an or any part of the Indebtedness secured by this Deed of Trust; (b) a spodhc lax on Grants which LLi Z Grantor is authorized or received to deduct from payments on the Indebtedness secured by this type of Deed or Trust; (c) a lax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; end (d) a I,.) - specific tax on all or any portion of the Indebtedness or on payments or principal end interest made by Grantor. 1... H O Subsequent Taxes. If any lax to which the section applies is enacted subsequent to the date of this Deed of Trust. this event shall have the same effect as an Event of Default (as defined below). and Lander may exercise any or as of its available remedies for an Event of Default as provided below unless Grantor other (a) pays the lax bolas rt becomes delinquent. or (b) contests the lax as provided above in the Taxes and Liens section and deposits with Lender Cash or a suffident corporate surely bond or other security satisfactory to Lander. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to This Deed of Trust as e Security agreement are a part of the Deed of Trust. Security Agreement. This instrument stall constitute a security agreement to the extent any of the Property constitutes fixtures or other personal properly, and Lender shall have all of the :grits of a secured party under the Uniform Commercial Code as amended from time to Enna. Security Interest. Upon request by Lender, Grantor shall execute financing statements and lake whatever other action is reouested by Lander to perfect and continue Lender's security interest in the Rents and Personal Properly. In addition to recording bas Deed of Trust m the real property records, Lender may, at any time and without thither authorization from Grantor. Ne executed Counterparts. copies or reproductions of the Dead of Trust as a financing statement. Grantor shat) reimburse Lender la al aeperuses incurred in perfochg or continuing t security interest Upon delaull, Grantor shad assemble the Personal Properly in a manner and at a place reasonably convenient to Grantor and Lender and make It evadable to Lender within three (3) days after receipt of entten demand horn Lender. Addresses. The naarrig addresses of Grantor (debtor) and Lander (secured pary), horn which information concerning the security Interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code). are as staled on the first page or this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The lolow provisions relating to lurther assurances and attorney- rn-lacl are a part of this Deed of Trust. Further Assurances. At any lime, and from erne to time, upon request nt Lender, Grantor ere nuke, execute and deliver, or will cause to be made. executed or delivered, to lander or to Lender's designee, and when requested by Lender, cause to be filed, recorded, retired, or rerecorded, as tie case may be. at such hies and in such offices and places as Lender may deem eppropnate, any and ant such mortgages, deeds or trust, security deeds, security agreements. financing statements, continuation statements, instruments of further assurance, certificates. and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Grantor under the Note, this Deed of Trust, and the Related Documents. and (b) the leas and security interests creaked by the Deed of Trust as fast and pricy hens on the Property. whether now owned or hereafter acquired by Grantor. Unless prohibited by law or agreed to the contrary by Lender in writing. Grantor shut reimburse Lender la to costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -In -Feet. 11 Grantor :ails l^ do any of line bangs referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes. Granter hereby irrevocably appoints Londe as Grantor's 'homey-in-Mc! to IN purpose o1 making, executing, delivering, filing, recording, and dong an other things as may be necessary or desirable. In Lender's sole opinion, to aaompksh Iha matters referred to in the is IS 19991019001673 PAGC 096 on all Ier19r1 14 ez KING mural, IAA Z 09-30 -1999 Loan No 1000009701 DEED OF TRUST (Continued) 19991019001673 PAGE eo7 OF 011 10 14 02 XING CGVfTs, ue to ea Page preceding paragraph. FULL. PERFORMANCE. It Grantor pap ea the indebtedness when due, laminates the line of credit, and otherwise performs all the obligations Imposed upon Grantor under hvs Deed of TnrsL Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termunahon of any financing statement on file evrdenarg Lender's security Interest In the Rents and the Personal Property. Any reconveyance lee shalt be paid by Grantor, if permitted by 'epic/ibis law. The grantee in any reconveyance may be described as the 'person or persons toady entitled tamale. and the recitals In the reconveyance of any matters or facts shall be condusrve proof of the truthfulness of any such matters or facts. DEFAULT. Each of the following, al the option of Lender. shwa constitute an event of default (Even) of Default') under this Deed of Trust: Default on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. Default on Other Payments. Fa?ure of Grantor within the hme required by This Deed d Trust to make any payment la texas or insurance. or any other payment necessary to prevent bang or or to effect discharge of any ken. Default In Favor of Third Peale*. Should Borrower a any Grantor default under any loan. extension of credit. securty agreement, purchase or sales agreement. or any other agreement. In favor of any other creditor or parson that may malenaay affect any of Borrower's property or Borrowers or any Crania's ability to repay the Loans or perform their respective obligations under this Deed of Trust or any of the Related Documents. Compliance Default. Failure of Grantor to comply with any other term, oblgahon, covenant a condition contained In this Deed of Trust. the Note or in any of the Related Documents. False Statements. Any warranty. representation or statement made or furnished to Lender by or on behalf of Grantor under This Deed of Trust, the Note or the Related Documents is false or misleading In any material respect, either now or at the time made or furnished. Defective Collaterallzatlon. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (Including failure of any collateral documents to create a vand and perfected security interest or hen) at any time and Ill any reason. Death or Ineotvemcy. The dissolution (regardless of whether elector to continue is made), any member withdraws from the kmrfed kabihly company, or any other tamnabon or Grantor's existence as a gang business or the death of any member, the Insolvency of Grantor, Me appointment of a receiver for any part of Grantor's property. any assignment for the benefit of creditors, any type of creditor wortioet, or the commencement oI any proceeding under eny bankruptcy or insolvency laws by or against Grantor. Foreclosure, Forfeiture, etc. Commencement of foreclosure or lo'ferture proceedings. whether by Judicial proceeding. sell -help. repossession or any other mewed, by any creditor of Grantor or by any governmental agency against any of the Properly. However, this subsection shah not apply in the event of a good earth dispute by Grantor as to the validly or reasonableness of the claim which Is the basis of the foreclosure or forefwtue proceeding, provided That Grantor gives Lender wntten notice of such claim and furnishes reserves or a surety bond for the claim satisfactory to Lender. Breech of Other Agreement. Any breach by Granter under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, inducing without timatahon any agreement concerning any indebtedness or other obhgehon of Grantor to Lender, whether nmstug now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dos or becomes incompetent, or revokes or disputes the validity of. or liability under. eny Guaranty of the Indebtedness Lender, at its ophon, may. but srAU not be required to. permit the Guarantor's estate to assume unconditronafy the oblgahons arising under the guaranty in a manna sabstadory to Lender, and. in doing so. cure the Event of Default Adverse Change. A material adverse change occurs in Grantors financial condition. or Lender behaves the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lanoer in good faith deems itself insecure Right to Cure. II such a [allure is curable and it Grantor has not been given a notice of a breach of the same provision of the Deed of Trust within the preceding twelve (12) months, it maybe cured (and no Event of Default will have occurred) if Grantor. after Lender sends written notice demanding cure of such failure: (a) cures the failure within fifteen (15) days; or (b) it the curs requires more than fifteen (15) days. immedlafey inhales slaps sufficient to cure the 10,10 and thereafter continues and completes all reasonable and necessary slaps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any bars hereafter. Trustee or Lender. at its option. may exercise any one or more of the Iobow,ng rights and remedies, in addition to any other rights or remedies provided by law: Accelerate Indebtedness. lender shag have the right at its option to declare the entire Indebtedness immediately IPA : �............. ( Z „, W ' 2 J U U U w - H u1 0 D9-3O -1959 DEED OF TRUST Page 8 g L No 1000009701 (Continued) Ova and payable, including any prepayment penalty which Grantor would be required to pay. (1 W Foreclosure. Wrth respect to at or any part d the Real Property, the Trustee shall have the night to °serene cis = power of sale and to laeclase by notice and sale. and Lender shag have the right 10 laeciose by judicial foreclosure. Z In ether case in accordance with and to the tut extent provided by applicable law. UCC Remadhas. With respect lo an or any part of the Personal Property, Lender shall have at the night and 'erno:hes of a secured party under Iha Uniform Commercial Code. Z 1— ui Collect Rants. Lender shall have the nght, without notice to Grantor, to take possession of and manage the Property 2 and collect ON Rents, including amounts past due and unpaid. end appy the net proceeds. over and above Lender's costs. against the Indebtedness. In furtherance of this nght, Lender may require any tenant or other user of the Property to make payments d rant or use loos directly to Lender. If the Rents are cdsected by Lender, then Grantor O t� irrevocably designates Lender u Grantor's attorney -in -tact to endorse instruments recanted ern payment thereof rn the name of Grantor and to negotiate the same and collect Me proceeds. Payments by tenants or other users to Lender II I-- in response to Lender's demand shall satisfy the obligations la which the payments are made. whether or not any proper grounds for the demand oersted. Lender may exams. as rights under this subparagraph either in person. by = W agent. or through a receiver. 0 Appoint Receiver. Lender slat have the right to have a rerawer opponent t to lake possession of at or any part of (L the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending 0 foreclosure or sate. and to collect Iha Rents from the Property and apply Iho proceeds. over and above the cost of Z the receivership. against the Indebtedness. The recover may sew without bond if permitted by law. Lender's right 11J to the appointment of a receiver shall exist whether or viol the apparent value of the Property exceeds the o - Indebtedness by a substantial amount. Employment by Lander shall not disqualify a person hom serving as e 1— Tena a Tenancy at Sulfsnca. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otbowis° becomes entitled to possession d the Properly upon default of Grantor. Grar.lor shall become a tenant at sufferance of Lender or the purchaser of Iha Property and shall, al Lender's option. either (a) pay a reasonable rental for the use of the Properly. or (b) vacate pie Property immediately upon the demand of Lender Other Remed)es. Trustee or Lender shall have any other right or remedy provided in the Deed of Trust or the Note or by law. Notice 01 S. Lender shat) give Grantor reasonable notice of the time and place of any pubic sale of the Personal Property or of the time after winch any private sale or other intended drsposibon of the Personal Property rs to be made. Reasonable notice shat mean notice given 11 least ten (10) days before the time el the sate or disposition Any sale of Personal Properly may be made in conjunction with any sale of Iha Real Property. SNe of the Property. To the extant parroted by applicable law. Grantor hereby wares any and at rights to have the Property marshalled. In exarasing its nghts and remedies. IM Trustee or Lender shat bo free l0 sae an or any pert 0f the Proparty teethed a separately. m one salsa by separate sates. Lender shat be milled to bid et any pubic sale on all or any portion of the Property. WNvar; 19ectlon of Remedies. A waiver by any party of a broach of a provision of INS Deod of Trust shall not consNute a waiver of or prejudco the party's rights olherwrsa to demand stud compharra with that provision or any other provision Eredon by Lender to pursue any remedy provided in this Deod of Trust. the Note. in any Related Document. or provided by law shall not exclude pursuit of any Who remedy. and an election to make expenditures a to lake action to perform on obkg°bon of Grantor under this Coed 01 Trust after failure of Grantor to periam shat not ▪ affect Lender's right to declare a defaull and to ekercise any 01 its remedies. Attorneys' Fees; Expenses. if Lander Institutes any stat Arbon to enlace any of Iha terms of INS Deed of Trust, Lender shat be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees al Inal and on any appeal Whether or not any court action is involved, at reasonable expenses incurred by Lender which in Lenders opinion are necessary at any time for the protection of its interest a the enlacement of its nights stall become a parl of the Indebtedness payable on demand and steel bear interest al the Note rate from the dale of expenditure unlit repaid. Expanses covered by this paragraph include. without bmtabon, however subject to any kmds under "makable law. Lender's attorneys' fees whether or net Rare is a lewsul. inducing attorneys' fees for bankruptcy proceedings (including efforts to modify or vacate any aulonabc stay a injunction), appeals and any arbcrpated post- judgment collection services, the cost of searching records. oblernng title reports (including teed sure sports). survayas'reporls, apprarSel leas, title ileums, and fees la the Trustee. to the extant permitted by appbable law. Grantor also vne pay any court costs. In addition to all other sums provided bylaw. Rights 01 Trustee. Trustee shut have all of the nights and duties of Lender as set forth in Ilia section. POWERS ANO OBLIGATIONS OF TRUSTEE. The folowi g provisions relating to Pie powers and obkgabons d Trus(oe (pursuant to Lender's instructions) are part of this Doed of Trust. Poway of Trustee. In addhon lo at powers of Trustee 'miry as a matter oI law. Melee shat have the power to take the /cawing actions with respect to the Properly upon the written request d Lander and Grantor: (a) join in preparing and Ning a map a eta! of Ilse Real Property. Including the dedication of sheet* a oltar rights to the public: rlest ni(RICAn at 18 ee 19991019001E. PAGE see oe ell 1(5 Ili 02 repro Cplxln'. (10 • 1. 09-30 -1999 DEED OF TRUST Page 9 Loan No 1000009701 (Continued) (b) bin in granting any easement or creating any restriction on the Real Property, and (e) (om in any subordination or other agreement affecting This Deed of Trust or the interest of Lender under this Deed of Trust. Obligation* to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other !rust deed or ken, or of any action or proceeding in which Grantor. Lender, or Trustee shall be a party, unless required by applicable law, or unless the action or proceeding Is brought by Trustee. Trustee. Trustee shal meet all qualifications required for Trustee under applicable taw. In addition to the rights and remedies set forth above, with respect to all or any part of the Property. the Trustee shall have the right to foreclose by notice and sale, and Lender shad have the right to foreclose by Judicial foreclosure, in either case in accordance with and to the lull extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may horn time to time appoint a successor Trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the recorder of KING County. Washington. The instrument that contain, in addition to all other matters required by stale law, the names of the original Lender, Trustee, and Grantor, the book and page or the Auditor's File Number where this Deed of Trust is recorded, and the namo and address of the Successor trustee. and the instrument shall be executed and acknowledged by Lender or as successors In interest. The successor trustee, without conveyance of the Property. shad succeed to all the bee, power, and duties conferred upon the Trustee in the Deed of Trust and by applicable law. This procedure for subsbluhon of trustee shall govern to the exclusion of all otter provisions for Subshluhon. NOTICES TO GRANTOR AND OTHER PARTIES. Subject to applicable law, and except for notice required or allowed by law to be given in another manner, any notice under this Deed of Trust shall be in writing. may be sent by teletacsinuk (unless otherwise required by taw), and shall be effective when actually delivered, or whin deposited with g nabonady recogrye overnight courier, nr. if mailed. shah be deemed effective when deposited in the Unclad Stales mail first lass, certified mad, postage prepaid. directed to the addresses shown near the beginwg of this Deed of Trust Any peek hinge its address for notices under this Deed of Trust by grAng formal written notice to the other parties. spoylying that the purpose of the nonce is to change the party's address All copies of notices of foreclosure from the . bqW bf may hen.which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the -b'eyeh ni of flir Deed of Trust. For notice purposes, Grantor agrees to keep Lender and Trustee informed at all limes or grantot s Current address MISt ilLAIfEOUS PROVISIONS. The following miscdkneous provisions are a pail of this Deed or Trust: Ahrendmenta. This Deed of Trust. together with any Related Documents, constitutes the entire and final understanding and agreement of 114 parties as to the matters set forth in Ihrs Deed of Trust. No alteration of or amendment to Inns Dowd of Trust shall be affective unless given in writing and signed by the party or parties sought to be charged or bound by the allerahon or amendment. Annual Reports. II the Property is used for purposes other than Grantor's residence. Grantor shall lurrash to Lender, upon request. a certified statement of net operating income received horn the Property during Grantor's previous fiscal year in such Corm and detail as Lender shad require 'Net operating income shad mean all aSh receipts horn the Properly less al cash expenditures made in connection with the operation of the Property. ApplIcable Law. This Deed of Trust has been delivered to Lender and accepted by Lender In the State Of Washington. This Deed of Trust shall be governed by and construed In accordance with the leers of the State of Washington. Caption Headkgs. Caption headings in this Deed of Trust are for convenence purposes only and are not to he used to interpret or define the provisions of this Deed or Trust. Merger. There stall be no merger of the interest or islets created by this Deed of Trust with any other interns! or estate in the Property et any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Severebliity. II a court of competent Junsdcbon finds any provision of this Deed of Trust to be invalid or unenforceable as to any person or circumstance. such finding shad not render that provision invalid or unenloraable as to any olrrer persons or circumstances. 11 feasible, any such offending provision that be downed to be modified to be within the limas of enforceability or validity; however, tl the offending prows.on cannot be so modfied. A shall be strick and all other provisions of this Deed of Trust in all other respects shall remain valid and enforceable. Successors and Assigns. Subject to the Imitations staled in this Deed of Tract on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit or the parties, pier successors and assigns. If ownership of the Property becomes vested in a person other than Grantor. Lender, without notice to Grantor. may deal vrlh Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or Nibrkty under the Indebtedness. Time Is Of the Essence. Time is d the essence in the performance of this Deed of Trust. Waivers and Consents, Lender stall not be deemed to have waived any rights under this Dead of Trust (or under • le all 19991 019001673 FAC[ ea, or ell 115, 19••1999 14 e2 KING Cpu/T1. {Yi • GRANTOR: SCHNEIDER L SCHNEI r • L. I• O. SCHNEIDER, Manager — �� — �� STATE OF ,_a l/./5.17ret r )era COUNTY OF I/ ;leer AfaiEAH DT 09-30 -1999 DEED OF TRUST Page 10 Loan No 1000009701 (Continued) the Related Documents) unless such waiver rs in writing and signed by Lender. No delay or omission on the part of Lender in exorcising any right shall operate as s wawa of such right or any other right. A waiver by any party of a provision of Ina Deed of Trust shalt not constitute a wawa of or prehudi a the party's right otherwise to demand strict compliance with that provision or any otter provision. No pnor waiver by Lender. nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or any of Grantor's obligations as to any future transactions. Wherever consent by Lender a required in this Deed of Trust, the granting of such consent by Lender In any instance Shall not consbtula continuing consent to subsequent Instances where such consent is required. Waiver of Homestead Exemption. Grantor hereby releases and waives au rights and benefits of the homestead exempbon taws of the State of Washington as to all Indebtedness secured by this Deed of Trust. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS Of THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. LIMITED LIABILITY COMPANY ACKNOWLEDGMENT lf 7 • .: On Ihrs day of • Y e'i t.,r% 191 under-Aped before me. the underned Notary Reb c. o!�'�' y∎' ,' appeared LYL 0. SCHNEIDER, teenager of SCHNEIDER i SCHNEIDER LL.C. and personally known I cnbe O1arr1, to me on the bass of satisfactory evidence to b a member or designated agent of the limited tiabedy card (,Mitt executed the Deed of Trust and acknowledged the Deed of Trust to be the hoc and voluntary act and deed of the Smiled liability company. by authority of statute. Its articles of agaNhxbon ads operating agreement, for the uses and purposes !harem mentioned, and on oath staled that he or she is authorised to execute tins Deed of Trust and in tat executed the Deed of Trial on behalf of the limited Iybl company ! Residing at ..fO Notary irbnc In and ro State of j ! % 1 My coreml expIe, , • /Y/ /- )(1 REQUEST FOR FULL RECONVEYANCE The undersigned is the legal owner and holder of all indebtedness secured by Ina Deed of Trust. You are hereby requested. upon payment of ill sums owing to you, to reconvey without warranty, to the persons entitled thereto, the right. title and interest now held by you under the Deed of Trust Date: ___ - -- Beneficiary: BY: Ili: LASER FRO Rs„ 1. S Fs' a T 4 On VP S ill C -t MGT oroSOrest. It Anr.gntt rttrrrs lWA•OOI ES 7l F] or as 11 SCNHEOel LM CI OFT Se as 1999101900167 PACE 0t0 a Ott 10119'1999 IC 02 RING COU(T1. 1x1 O,Q wI Ii S � i SON 'x lb :. DESCRIPTION: PARCEL A: SCHEDULE A2 THAT PORTION OF TRACT 1 OF INTERURBAN ADDITION TO SEATTLE, ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE 55, IN KING :AUNTY. WASHINGTON. LYING SOUTHERLY OF A LINE WHICH EXTENDS NORTHEASTERLY PERPENDICULAR WITH THE WESTERLY LINE OF SAID TRACT, FROM A POINT ON SAID WESTERLY LINE WHICH IS 685 FEET SOUTHEASTERLY FROM THE NORTHWEST CORNER OF SAID TRACT. AND LYING NORTHERLY OF A LINE WHICH EXTENDS NORTHEASTERLY. PERPENDICULAR WITH THE WESTERLY LINE OF SAID TRACT, FROM A POINT ON SAID WESTERLY LINE WHICH IS 1556 FEET SOUTHEASTERLY FROM THE NORTHWEST CORNER OF SAID TRACT; ALSO THAT PORTION OF THE VACATED PUGET SOUND ELECTRIC RAILWAY RIGHT OF WAY LYING SOUTHEASTERLY OF SOUTH 149TH STREET. AS CONVEYED BY PUGET SOUND POWER AND LIGHT COMPANY TO THE CITY OF TUKWILA BY DEED DATED OCTOBER 25. 1965 AND FILED UNDER RECORDING NO. 6557639 AND LYING NORTHWESTERLY OF A LINE WHICH EXTENDS SOUTHWESTERLY, PERPENDICULAR WITH THE EASTERLY LINE OF SAID PUGET SOUND ELECTRIC RIGHT OF WAY WHICH IS ALSO THE WESTERLY LINE OF SAID TRACT 1, INTERURBAN ADDITION. FROM A POINT ON SAID WESTERLY LINE WHICH IS 1.565 FEET SOUTHEASTERLY FROM THE NORTHWEST CORNER OF SAID TRACT: • EXCEPT ANY PORTION THEREOF LYING WITHIN SR 181. PARCEL B: INTHE SOUTHEAST QUARTER OF THE NORTIIEAST QUARTER OF SECTION 23. TOWNSHIP 23 NORTH. RANGE 4 EAST. W.M., IN KING COUNTY. WASHING'T'ON, THOSE PORTIONS, IF ANY, OF TRACT I OF INTERURBAN ADDITION TO SEATTLE. ACCORDING TO PLAT RECORDED IN VOLUME 10 OF PLATS AT PAGE 55. IN KING COUNTY. WASHINGTON: AND OF VACATED PUGET SOUND ELECTRIC RAILWAY RIGHT OF WAY ADJOINED THERETO ON THE WEST. LYING SOUTHERLY OF A LINE DRAWN PERPENDICULAR TO THE WEST LINE OF SAID TRACT 1 AND LYING 1.565 FEET SOUTHEASTERLY FROM THE NORTHWEST CORNER OF SAID TRACT AS MEASURED ALONG THE WEST LINE THEREOF: EXCEPT ANY PORTION THEREOF TAKEN FOR ROAD. FIRST aERICAN DT • • ID 82 Order No. 409844 -5K 19991019001673 PAGC ell or ell 10 1919 82 KM CO1.4 lWITt .•