HomeMy WebLinkAbout1997 - First Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing - Reed Watkins Suzann / Reed Roland / Park East Building Inc - 9708070278FIRST MUTUAL BANK
P.O. BOX 1617
BELLEVUE, WA 99009
ATTN: LOAN SERVICING DEPARTMENT
FIRST DEED OF TRUST, ASSIGNMENT OF RENTS,
SECURITY AGREEMENT, AND
9708070278
` FIXTURE FILING
LOAN NO. 0071 - 423451-08 CHIC/10_711j LE INS. CO.
"�� U" REF•50"5/6 4'
THIS FIRST DEED OF TRUST, ASSIGNMENT OF RENTS, SECURITY AGREEMENT,
AND FIXTURE FILING ('Deed of Trust•) is made this30TII day of JULY, 1997.
GRANTORS: SUZANN REED- WATKINS.INDIVIDUALLY AND AS HER
SEPARATE ESTATE. AS TO AN UNDIVIDED ONE-OUARTER INTEREST.
AND AS TRUSTEE OF THE ROLAND G. REED TRUST. AS TO AN
UNDIVIDED ONE-OUARTER INTEREST. AND PARK EAST BUILDING.
INC.. A WASHINGTON CORPORATION. AS TO AN UNDIVIDED ONE -HALF
INTEREST
whose address is 31919 -1ST AVENUE SOUTH. SUITE 0100 FEDERAL WAY
WASHINGTON 98003
TRUSTEE: CHICAGO TITLE INSURANCE COMPANY
whose address is NM COLUMBIA CENTER. 701 - 5TH AVENUE. SEATTLE
WASHINGTON 98104
BENEFICIARY: Fint Mutual Savings Bank, a Washington stock bank, whose address is P. O. Box 1617.
Belkvue, Washington 98009.
Grantor hereby irrevocably grants, bargains, sells and conveys to Trustee, in trust, with power of
sale, the real property described in Exhibit A, attached hereto and incorporated herein by this reference,
which property is located in KING County, Washington (hereinafter called 'Property" and/or
"Premises ");
Abbreviated legal: TRACTS 4 AND 5, ANDOVER INDUSTRIAL PARK NO. 2,
VOLUME 71 OF PLATS, PAGE 68.
(Additional legal description is on page 11 of document)
Tax Account Number(s): 022310. 0040 -01
TOGETHER WITH all buildings, structures, improvements, equipment, fixtures and articles of
property now or hereafter attached to, or used or adapted for use in the operation of, the Premises,
including, but without being limited to, all heating and incinerating apparatus and equipment whatsoever,
all boikn, engines, motors, dyruunos, generating equipment, piping and plumbing fixtures, dishwashers,
disposals, ranges, cooking apparatus and mechanical kitchen equipment, washers. dryers, refrigeraturo.
cooling, ventilating, sprinkling and vacuum cleaning systems, fire extinguishing apparatus, escalators.
partitions, mantels, cabinets, built -in mirrors, window shades. blinds, screens, stoma sash, awnings,
furnishings of public spares, halls and lobbies, and shrubbery, plants and landscaping; and including also
all interest of any owner of the Premises in any of such items hereafter at any time acquired in any
manner whatsoever, all of which property mentioned in this paragraph shall be deemed part of the realty
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and not severable wholly or In pmt anginal materiel bitty lo the ahold;
TOGETHER WIT' all and sinpim the Iwdt, Mmane@b, privlkges, wtaer rights, hcndttrnesw
and appurtenances tbado belonging or is anywise appensinkts, mid the rants, isms red profits thaw(
aid the revmston(s), ramaieder(a), std all the NUM rights, tide, diim, inseam aid denstd whatsoever
of Grantor.. either is law Of aquky. of, in mid to the Premises; SUBJECT, HOWEVER, to die right, power
and atrdiarIsy of Bsmalkiery so collect ad apply sari rots brass and profits u provided for haeinsRa
or in say other iestrinust assigning such mats, biros and profits so Beneficiary; and
TOGETHER WITH all present and fame right, tide and karat of Granby in and to all
accounts, gaunt Intangibles, citadel papea, deposit accosts, massy, instnunnts and documents (n
those tams are dented in the UCC) end ail other. its en% obligations, sights and written materials (in
tech case whether misting now or in the future) mow or in the Mire raising so or otherwise arising in
connection with or derived from die Property or the ownnikip, me. development„ constriction,
maintenance, managariem, operation, marketing. lasing, ouapancy. sale or fmnang of the Property
Including (i) permits, approvals, and other governmental authorizations, (ii) knprovemet plans and
specifications and arehkectural drawing% ( iii) apeman with contractor, tiibmattacton, supplier,
project managers and supervisor, designer, architects, engineer, seta agents, leasing agents.
consultants and Property managers, (iv) takeout, refinancing and permanent Ian caemitmmes, (v)
warranties, guaranties, indemnities and insurance policies, together with inseam payments and
unearned insurance premiums, (vi) anions, demands, awards, senlemenb Ind other payments arising or
resulting from or otherwise relating to any insutana or any Iaas or destruction of injury or damage lo,
trespass on oe taking. condemnation (or conveyance in lieu of coademswion) or public use of any of the
Property, (vies the Disbmasnneni Account and any Cash Collateral Account maintained pursuant to any of
the Lon Docvmcnts, ad any Barowar/ Funds or other amounts deposited by Guar with Beneficiary
which at to be held in any such Cash Collateesl A000am, (viii) lanes, rental %grramenb, license
agreements, service and maintenance agreements. puehase end sale agreements and purchase options,
together with advance payments, security deposits and other amounts mid to or deposited with Grantor
under my such agreements. (ix) roans, deposits, bands, defend payments, refunds, rebates, discounts,
cost savings, escrow proceeds, sale proceeds and odor rights to the payment of money, aide names,
asthmatics, goodwill and all other types of intangible personal properly of any kind or nature, and (x) all
supplements, modifications, amendments, renewals, extensions, proceeds, replatsenents and substitutions
of or to any of such property (the 'intangibles," Ind together with the Appurtenances and the Rents, the
"Rights").
TOGETHER WITH (a) al! of Grantors rights further to encumber the Premises and other
property aforesaid for debt except by such encumbrance which by its actual teems and specifically
expressed intent shall be and M all times remain subject and subordinate to (i) any and all tenancies in
i(w existents when such encarnbence becomes effective, and (ii) any tenaieies hereafter seated, Grantor
Idhereby (1) representing as a special inducement to Beneficiary to make the Ion seared hereby that, as of
the date hereof, there are no encumbrances to secure debt junior b this Deed of Trot. and (2)
covenanting that there we to be none u of the date what this feed of Trust becomes of record, except in
either case eneumb ances having the prior written approval of Beneficiary, and (b) all of Grantor's rights
to enter into any lease or lease agreement which would create a tenancy diet is or may become
subordinate in any respect to ny mortgage or deed of tout other than this Deed of Trust.
For the purposes of this Deed of Trust, the term 'Property' shall include the Premises and all
other property, estate. rights, privileges, dole, claim, interest and demand of Grantor conveyed in trust
hereby.
THIS DEED OF TRUST IS MADE FOR THE PURPOSE OF SECURING PERFORMANCE of
each covenant, .greement, tens and condition of Grantor contained herein and the due and punctual
payment oldie sum of TWO MILLION TWO HUNDRED THOUSAND AND N01100
Dollars (52.200.000.O0L with interest thereon @cording to the terms of an adjustable rate promissory
note, payable to Beneficiary or order and made by Grantor ( the 'Note); all renewals, modifications or
extensions thereof; and Nso such further sums as may be advanced or lamed by Beneficiary to Grantor,
or any of then or any of their successor or assign, together with interest thereon at such rate as shall be
agreed upon.
This Deed of Trust is also made for the purpose of securing due, prompt end complete
observance and performance of each and every obligation, covenant and agreement of Grantor contained
in any other baonunent heretofore or hereafter executed by Grantor having reference to or arising out of
the indebtedness represented by the Note, or given as security for the Nole, including, but not limited lo,
(a) GrMOrs Business Agrammt, if any, (b) Gnomes Hazardous Waste Indemnity Agremmmt, if any,
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aid all meats to be mods milder the Noe doll be added together, and its Rumple um* unroof
shell be aid by Omits eaeb math In a single payment 10 be implied by BeeeflcYry to the falbwi►g
hems lo the odor aM faith: (a) rata, special ameoaneats, Ile and other heed insurance pteadems; (b)
Ma small chum limy; (e) Mama on the No end (d) 'floatation of dos principal of the Nate.
me rtngtrat provided for i thi pasaprepi 3 i solely for the added ptolsellae of Batelkiry and
Main pro responsibility a Bemefkimy'o part beyond is allowing of duo aedk, without honest, for the
era Madly meshed by i1. Beneficiary sWl M Admits haves ilea NOM rd a eon t* ilsrrat la ail
payments maimed in this pen0sph mg, in the ems eddies* by Greater, eondiesending any odic
provision of thi Dad of Tttst or the Noe, Beneficiary droll be entitled to apply all or any potion of
suds payments r s a dk spina don indebsedness seared hereby. Upon ewipineM of this Deed of
Trost by Benefkiary, ny bide on had shall be tined over to to Assignee, sod say trposafbllky of
the Aaipot with m enet thereto Pali arm MM. Each tsatefr of the Prepay shall ananatially
treelike to the Transferee all rights of the Gorier with mama to any Ands acaimu hied Wanda.
4. ):10ESS RESERVES: DEFICIENCIES. If the total of the payment (herein alld
'renewal nada under propiph 3 railing to reserves for taxes, special aeessments and premiums an
insurance policies shell exceed the amount of psynwstts actually made by Beneficiary for the purposes son
fall M prep* 3, plmn such .mounts es have been ressonsbly eeannulated in such reserves toward
pyments thaefem nett lo become duo, ach axcas i ray, provided no default that exists wider the
soma of this Deed of Tint, nor under the tomb of the Noe, but not otherwise, be credited by
Baieficiary lo peymem of subsequent aggregate, but not prtisl, payments so be made by Groner r, at
the spier of Baleficiry, refunded to Orator or his successor 1n interest IS may appear upon the records
of Basfkiry. If, however, the monthly payments.ccumulslieg such resava shall not be sufficient to
pay Ihe sums required when the seas shall become due and payebk, Granter shall pct to Beneficiary sny
smart neoersry to rake up the deficiency within thirty (30) days "kr written notice to Grantor stating
the amanat of des deficiency. Any fsihae by Gramm to limy my suds unmet within thirty (30) days
shall constitute an event of drfsull under this Deed of Tat. ((time shall be a default wider my of the
provisions of this Deed or runt and thrafer ■ sale of the Property in accordance with the p. vision
hereof; or if Ben.IkIey acquires the Property otherwise after default, Beneficiry shall apply, at the time
of commnoamant of such proceedinp, or at the time the Property is otbawise acquired, the balance
then emsbhag in the funds accumulated under prepaph 3, lets such sums as will become due and
pay ble daring the pendency oldie proceedings, as a credit against the indebtedness secured hereby.
5. {.ATE PAYMENTS. Notwithstanding any of the provision of this Deed of Trust, if
sny payment required to be made under the provisions hereof scull become overdue for a period in
excess of an (10) days from the date upon which any such payment shall become due,' Ire Burge equal
to Ave patent (5%) of the overdue peyment may be charged by Beneficiary as liquidated damages for
the mote of defraying the expense incident to headline such delinquent payment. If Grantor dal fall
to pay such late dame upon demand by Beneficiary, the indebtedness seared hereby shall immediately
become due and payable, at die option of Beneficiary.
6. MAJNTENANCE OF PREMISES; COMPLIANCE WITH LAWS. Grantor shall
melanin the buudinp and other improvements on the Premises in a rentable cadkbe and good state of
repair suitable for tenants. Grater shall neither commit nor suffer any waste, shall comply promptly
with all requkanans of the federal, Wee and municipal audacities and all other laws, ordinances,
regulations, covenants, conditions and restrictions now or hereafter respecting the Property or the use
thereof, and shell ay all fns or charges of any kind in connection therewith. In the event of breech of
any requirement of this are graph, Beneficiary may, in addition to any other rghn Of remedies, at sty
time doe rafter declare the indebtedness secured hereby immediately due end payable. Proof of
impairment of security shall be unnecessary la any suit, action or proceeding under this paragraph.
Grantor shall permit Beneficiary and its agents de opportunity to impect the Property, including the
interior of any structures. at reasonable lima and after reasonable notice.
7. CONSTRUCTION AND RESTORATION OF IMPROVEMENTS. Grantor shall
complete or restore promptly and in good wrkmnlike manner any building or improvement now at
hereafter on the Premises which may be damaged or destroyed, and pay, when due, all costs incurred
therefor.
8. CONSENT NECESSARY FOR ALTERATION$. No building or other improvement
on the Premises shall be structurally altered, removed or demolished, without Benefciary's prior written
consent, nor dull any fixture or chattel covered by this Deed of Trust and adapted to the propa use and
enjoyment of the Premises be removed at any time without like consent, unless actually replaced by an
article of equal auihbility, owned by Grantor, free and clear of any Ikn or security interest, except such
as may be approved in writing by Beneficiary.
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9708070278
9. INSUO!NC ,. Grudge shall provide to 8eneRdety, M least thirty (30) days prior to
expiration certificates of existing iroiranos, and shall maintain tptaroingly, (a) policies of fire imunna
std extended coverage inarattce Insides all the Property (whether now or hereafter acquired) to du MI
insurable repMoarment value aphid loan oe damage by fire and other titles mibeseed by coverage of die
type now known as the Woad form of extended coweage, including, but not being limited to. riot sad
civil commotion, veddism and malicious mischief, sod spin* suds other ricks and hearth u
Beneficiary may from time to time numbly grapiest; (b) a policy or policies of flood insutsta in an
amouM at least equal to the lesser of (i) the outstendIng aggregate principal bslanee of the Note, or (ii)
the muinwm limit of coverage avaiktbie under the National Flood Insurance Act of 1961, as amended in
the event all or a part of de Remises is located in an ass defined by the Secretary of Housing ad Urban
Development (HUD) as an area having special flood hazards and in which flood insurance has ban made
available under the National Flood Insirrtce Act of 1961, and any amendment thereof and any
regulation promulpted thereunder, or If flood Insurance is otherwise available; and (c) a policy or
boiler and pressure vessel insurance, including, but not being Baked to, air tanks, pressure piping and
major air conditioning equipment, provided the building on the Premises cattalo equipment of the
nature ordinarily covered by such insurance; and (d) a policy of insurance against the loss of "renal
value* of the Property on emoted or vacant basis" arising out of fire a the risks embraced by avenge
of the type now known as the broad fora of extended average, in n amount equal to one hundred
percent (100%) of one years gross rental value; and (e) such other iamrance as Beneficiary may from
time to time removably request egaiut the same or other insurable beards. The term "rental value," u
used in this psragaph, shall men the sum of (9 the total anticipated gross rental income from tenant
occupancy oldie building now or hereafter on the Premises, sad (ii) the amount of all charges which are
the kgal obligation of tenants and which would otherwise be the obligation of Grantor, and (iii) the fair
rental value of any portion of such property which is occupied by Grantor.
All insurance shah be In such amounts and for such a period of time, with waiver of subrogation
clauses and Ion payable clauses (without contribution) in favor of Beneficiary, as Beneficiary may
reasonably request. AU insurance shall be in form and with companies authorised to do business in the
Stile of Washington which are utisfactory to Beneficiary. Grantor shall deliver all policies to
Beneficiary, which delivery shall constitute an auigmne nt to Beneficiary of all mecum premiums. All
kuura ce potieks shall be noncancellable and not subject to material change by any party without thirty
(30) days prior written notice to Beneficiary. Beneficiary may, at is option, require Grantor to mainain
said required policies in Grantors possession in lieu of delivering said policies to Beneficiary, k which
event, said policies shall be kept available by Grantor at all times for retum to Beneficiary or for
inspection by Beneficiary, its agents or insurer, and said requirement may be withdrawn by Beneficiary
at any time.
In event of iotalosure of this Deed of Trust or other transfer of title to the Property lo
extinguishment of some or all oldie indebtedness secured hereby, all interest of Grantor in any insurance
policies in fora shall pass to the purchaser or gruntce. Grantor shall pay to Beneficiary, as Beneficiary
may require, a esuonable fee to aver costs of substituting policies in the event Grantor replaces any
policy prior to is expiration. Grantor shall reimburse Beneficiary for any premiums paid for such
insurance by Beneficiary upon Grantors default in so insuring the Premises or other improvements or
default in assigning and delivering of such policies to Beneficiary so endorsed.
10. ACTIONS: INDEMNITY: MODIFICATIONS COSTS. Grantor shall appear in and
defend any suit, action or proceeding that might affect the priority or enforceability of this Deed of Trust
or the value of this Dad of Trust, or the Property itself or the rights and powers of Beneficiary or
Trustee, Should Beneficiary or Trustee ekes also to appear in or defend any midi suit, action or
proceeding, be made a party to such by reason of this Deed of Trust. or elect to prosecute such action as
appears necessary to preserve said value, Grantor shall, at all time, indemnify from, and, on demand,
reimburse Beneficiary or Trustee for. any and all loss, damage, expense or cost, including cost of
evidence of tick and attorneys' fees, arising out of or incurred in connection with any such suit, action. or
proceeding. Grantor shill pay all costs and expenses of Beneficiary or Trustee, including attorneys' fm
incurred in connection with any amendment, modification or extension hereof or oldie Note or ray other
agreement affecting the Premises, including a request to consent to a transfer of any interest in the
Premises. Grantor shall pay all costs and expenses incurred by Be eficiuy in enforcing this Dad of
Trust, the Note, or other Loan Documents, and any costs of suit, costs of evidence of tick and attorneys'
fees in any suit, action or proceeding brought by Beneficiary to foreclose this Dad of Trust. The sum of
all such expenditures referred to in this paragraph or incurred in exercise of tights or options otherwise
granted to Beneficiary or Trustee in this Deed of Trust shall be secured by this Dad of Trust with
interest as provided in paragraph 13, and shall be due and payable on demand.
11. DISCHARGE OF LIENS. Grantor shall pay in full, at Ieist thirty (30) days before
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delinquent. all rota, grata, esementwk and arcumbtances, dar$w or Ulu with hems that may now or
halt*" be levied, aimed, or wined epos the Premises or testy part theme, which at any doe appear
so be prior or seprlor Mao for wbkh prevision ism am been nude huelofore. Upon request, Grantor
shall exhibit to Beneficiary aff'roial receipts therefor. Onelor dull pay all taxes imposed upon,
reesaubk costs, fees sad wanes of I sh Trust. Bsselki y may, et its option, pay, or pay out of
• reserves aaemoialed under perynpb 3, any arch somas, end Benelkkry shall not be liabk to Grantor
for a failure to amass eery atteh option.
12. PERFORMANCE OPTION OF BENEFICIARY AND TRUSTEE. Should GriMor fail
to make any Feymaat or to do any ea in hank provided, then Beneficiary or Intake, be without
obligation so to do Ind without notice to or demand upon Gunnar and without relining Grader from
any obligMion haeof, may (a) make or do the same in such menace and 10 moth extent as either may
deem naewery in the exaeise eke absolute discretion to protect the security hereof, Beneficiary or
Trustee being autboeiaed to enter upon the Premises for such imposes; (b) continence, appear in and
defend any suit, action or proceed* purporting to affect the nervily hereof or the rights or powers of
Beneficiary or Trustee; (c) pay, prtehre, contest or compromise any a ncumbtance, charge of lien which,
in the judgatent of tithes, uppers to be prior or suprria haeto; and (d) in uieresing any such power,
incur any liability, expend whatever amounts in its absolute dsaetioe it may deem necessary therefor,
including coat of evidence of tick, employ counsel and pay reasonable fees.
13. REPAYMENT OF ADVANCES AND INTEREST. Grantor scull repay immediately
upon dammed, all sums expended or advanced hereunder by or on behalf of Beneficiary or Trustee, with
interest from the date of tech advance or expenditure at the rate of eighteen percent (1g%) pa annum
(but not in any event to exceed the maximum &retest rate pamiuibie by law) until paid, and the
repayment thaefr shall be secured hereby, it being *peed by Gramm that any such expenditure or
advance is to protect the security hereof and constitutes a pan of die loan transaction in connection with
which the Note was maned. Nitre to repay such experdirom or advance and interest thereon upon
demand will, at Beneficiary's optiat,ca stkute an event of default hereunder, or, Beneficiary may, at its
option, commence en action against Grantor for the recovery of such expenditure or advance and interest
thereon, and in such event, Gramm area to pay, in addition to the mount of such expenditure or
advance, all cats and expenses bleared in such action, together with reasonable attorneys' fees.
14. UAW. Gruntorshall:
14.1 Lease space at the Premises only on tams no less favorebk to Grantor than those
contained in leases previously approved by Beneficiary. Grantor agrees to deliver to Beneficiary, within
ten (10) days Oa execution by both parties, a true and complete copy of every Luse. Annually, on the
anniversary date of this Deed of That, Grantor shall deliva to Beneficiary a compktc list of the Leases,
certified by Grainer, ideati 'ing the demised premises, the names of the lames, the rents payable wider
the Leases, the date to which such rents have been paid, the Inns of the Lanes, the dates of octapency,
the dates of expiation, the amounts of all security and damage deposits, any rent concessions, work,
obligations or other Indianians nts granted to the lessees and any renewal options.
14.2 Fully comply with all of the terms, conditions and provisions of all Leases
affecting the Property so that the same shall not become in default and to do all that is needful to preserve
all said Leases In force. Bkneficiarry has approved the form oldie Lase. Grantor hereby apses that it
will not enter into any Leases in a different form from that approved unless it has received prior written
approval from Beneficiary. In the event any tenant remains on a holdover basis or if Beneficiary should
approve a month- to-month tenancy, said Lease shall include a provision stating that if the tenant holds
over or is on a month•tamonth tenancy, then tenant's right to possession is contingent upon payment of
reasonable rent acceptabk to Beneficiary.
14.3 Grantor shall receive from every tenant and shall deliver to Beneficiary within ten
(10) days of entry into a new Lease, a Non-Subordination, Aaomment and Estoppel Certificate ("NA E ")
in the form acceptable to Lender, In the event Grantor or any person or entity related to Grantor or
controlled by Grantor ( "Related Tenant") enters into possession of the Property or any portion thereof,
Grantor shall deliver to Beneficiary n NAE from the Related TenuaL Grantor flutter agrees that it and
any Related Tenant hereby subordinate the Lease, the leasehold estate created thereby, the right to
possession, and all the rights of the Grantor and Related Tenant to this Dad of Trust and all advances
and rights of Beneficiary thereunder and to all renewals, modifications, consolidations, replacements and
extensions. If at any time, Beneficiary or any of its successors or assipa acquire the interest of landlord
under the Lease through a fareckoure of the Dad of Trust, the exercise of a power of sale to the Deed of
fast, a Deed in Lieu of Foreclosure, an Auignment in Lieu of Foreclosure or otherwise ("New Owner"),
the New Owner shall succeed to the interest of landlord under the Lease and the Lease shall continue in
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(WI rota rod effect as a dbaa lame between the New Owner mod the GntMor or Related Tama spun
mod subject a all the lens, conditions and covenants of tat Lease for the babas of the Mum thereof
Gamer sad Retorted Tenon herby agree So anon to and accept any such New Owner as landlord ender
the Lease and to be bound by sod perform all the obligations imposed by the Lame, Beneficiary or any
such New Owner to the Property.
la the meat Bomfkiery or New Owner becomes Ermined amount to the terms of this
Deed of Trust. Omar sad Related Tema agree as follows:
(s) New Owmr shall not be liable for any at or omission of the pia landlord arising
prior to the date upon which tat Banef obey succeeds to die interest of the landlord under the Lase.
(b) New Owner shall not be 'abject to lay claims, offsets or defenses which tenant
might have against any prior Landlord rising prior to the date H which the Beneficiary succeeds to the
interest oldie Landlord aria the Lease.
(c) New Owner shall not be bound by any rent or additional rent which tenant might
have paid in advance to any prior Landlord for period in excess of one month a by any security
depoah. claming deposit or other prepaid charge tenant might have paid in advance except to the extent
that the New Owner comes into possession of said amounts.
(d) New Owner shall not be bound by may oral or written assignment, surrender,
release, waiver, cancellation, amendment or modification of the Lease mark without the written consent
of the Beneficiary.
(e) New Owner shall not be responsible for the making of any improvement to the
Property or repair to the Property in the case of damage or destruction to dte Property any part thereof
due to fie a other casualty or by reason of condemnation unless such New Owner shall be obligated
under the Lease to make such repairs end shall have received insurance proceeds or condemnation
awards sufficient to Nonce the completion of the repairs.
(1.4 Grantor will not emend, suppkment or modify any Lane without prior written
approval from Beneficiary. Beneficiary is not bound and shall not be bound by any oral modifications of
the Lease and Grantor hereby was to defend, indemnify and hold Beneficiary harmless farm any claim
related to any unapproved modifscatiotu, extensions, amendmenb or cancellation of the Lease.
11.5 Except for assessments provided to be paid by Grantor, as specified herein,
Grantor shall not create or permit to be created, subsequent to the date of the execution and delivery of
this Deed of TeyM, any lien or encumbrance whkh may be or become superior to any kw affecting the
Premises.
11.6 If any part of the automobile parking areas Of Premises are taken by
condemnation, or before said areas are otherwise reduced, Grata shall provide parking facilities in kind,
sire and location to comply with all Leases, and before malting any contract for such substitute parking
facilities, Gmtor shall furnish to Beneficiary satisfactory aswnnce of conplcion thereof free of liens
and in conformance with all govemmentul zoning and regulations. Grantor hereby assigns to Trustee as
addkionai security for dte perfoemance of each covenant, agreement, tam and condition of Grantor
contained herein and the due and punctual payment of all sums secured hereby all of Grantor's right, title
and interest in and to any such contract; without affecting the present effectiveness hereof as an
assignment thereof, Grantor agrees to execute and deliver to Beneficiary any further or supplemental
assipments or documents requested by Beneficiary to effectuate the intentions of this sentence.
15. 6SSIGNMENT OF RIGHTS, INSURANCE .6ND PROcEEDS OF TAXING OR
DAMAGE. Should the Premises or any pen or appunennce thereof or right or interest therein be taken
or damaged by reason of any public Of private improvement, condemnation proceeding (including
change of grade), fire, earthquake, or other casualty, or in any other manner, Beneficiary may, at its
option. commence, appear in and prosecute, in its own name, any wit, action or proceeding, or make any
compromise or settlement, in connection with such taking or damage. and obtain all compensation,
awards, or other relief therefor. All such compensation, awards, damages, rights of action and proceeds,
including the proceeds of any policies of insurance affecting the Remises, are hereby assigned to
Beneficiary, which may, Alta deducting therefrom all its expenses, including attorneys' fees, release any
moneys so received by it, or apply the same on any indebtedness secured hereby, or apply the same so the
repair or restoration of the Premises, as k may elect in the exercise of its sole dircrdion. Grantor further
assigns to Beneficiary any ream premiums or other repayments upon any insurance ut any time provided
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foe the heath of Dewafkiary, Made or rebate made dame or asesuse n1s on the Premises, and the
Beneficiary may M my Irmo eclat said Mum pnmintsu, repayment; refunds and reheats,
uotwidstaaliag that so sun seamed hereby be overdue when such sight to collodion he asserted.
Without affecting the present effectiveness orals Deed of True a en migrates. thereof, Gmtor was
to gawk eny farther or ampleamuP aaigfatants of army mid compeentioa, awed, dodges, ttbates,
reman on preafw, repayan.uu, rights of action and proceeds M Beneficiary or Trustee may require.
16. CERTAIN IUGNTS OF TRUSTEE. At any time, upon written request of Beneficiary,
payload of fees end puestaka of this Deed of Twit and the Note for endoncment (u+ ease of full
reeoeveyaa, for aneel1Mion and reteaties), without effecting the liability or any person for the
playmate of tits i.debtedius, Tnen may: (a) eaaent to the making deny map or plat of the Premises;
(b) Join in palling any eaMOtut or emoting any restriction thereon; (c) join in any subordination or
otter sgreemeot affecting this Deed of Trust or the lien or charge thereof; or (d) reecnvey, without
warmly, aN or any pat of the Premises. Grantee In any re conveyance may be described as the 'person
or patens legally amid Marto," and the recitals therein of my matters or facts shall be conclusive
proof of the trulhlkhw thereof. Grantor agrees to pay ■ reasonlabk Trustee's fee for full or partial
rewnveyarnce, together with a recording fee if Trustee, M its option, elan to record Mid rccanveyance•
17. SALE AS PARCEL. In the case of a souk under this Deed of Trust, the Property, real,
peesas( aid mixed, may be sold is one pact.
II. J4O IMPAIRMENT OF SECURITY. Gremor shall not, without lira obtaining
Benefkiasys wMlas consent, change the general nature of the occupancy of the Premises or initiate or
acquiesce in lay cooing reclassification, or door suffer any ad or thing which would impair the security
for the indebtedness secured hereby or Beneficiary's lien upon the Premises.
19. .'PQINTMENT OF RECEIVER. The holder of this Dad of Trust, in any action to
foreclose it, shall be entitled (without notice end without regard to the adequacy of any security for the
indeb winces seared hereby) to the appointment of a receiver of the rents, issues and profits of' the
Premises, ad such receiver shall have, in add'uion to all the rights and powers customarily given to and
exercised by such receiver, all the rights and powers granted to Beneficiary by the covenants contained in
paragraph 20.
20. fh1 ERING AND TAKING POSSESSION UPON DEFAULT. In the event of defsuh
in compliance with any tequinea% of this Dad of Trust or any further instrument a any time executed
with respect to this Deed of Trust, Beneficiary may, at its option, and without notice, without regard to
the adequacy of the security for the indebtedness secured hereby, enter upon, take possession of, manage
and °paste the Property or my pat thereof, nuke, cancel, enforce or modify any leases now or hereafter
in effort om the Pianists or any pat thereof, obtain and evict tennis, fix or modify rents, decorate, clan
and repair, end otherwise do any act or incur any costs or expenses which Beneficiary deems proper to
protect the se uriey hereof. From and aRer the occurrence of ay such defauh, if Grantor or any person
or entity related to or controikd by Grantor is in possession of or comes into possession of the Property
or ay pat thereof, said person or entity shall pay to Beneficiary, in advance, on the first day of each
month, a reasonable rental for the space so occupied as determined M the sole option of Beneficiary and
Beneficiary shall have all the righu granted to Assignor pursuance to paragraph 33 in this Deed of Trust
regardless of whether Grunter and/or any pawn or entity related to Grantor who comes into possession
has executed a Lease for the Property or portion thereof, or occupies the Property without a Lease. In the
event said ditty or person fails to pay said amount upon request directly to Beneficiary, Beneficiary shall
be entitled to remove said person or entity from the property by any appropriate action or proceeding
pursuant to RCW S9.12 and RCW 39.11, appointment of a receiver and/or any other applicable laws and
swum.
2I. BENEFICIARY'S ACTIONS NOT A CURE OF DEFAULT. The taking of any action
by Beneficiary under the authority of this Deed of Trust, including, but not being limited to, the entering
upon, taking possession of and management and operation of the Premises, the collection of rents, issues
and profits thereof, or the proceeds of fire and other insurance policies or compensation or awards for any
taking or damage of the Premises, and the application or release thereof as aforesaid, shall not cure or
waive any default or notice of default hereunder or invalidate any act done punwam to such notice.
22. (_VENTS OF DEFAULT: SALE BY TRUSTE . All sums secured hereby shall
become immediately due and psysbic, st the option of Beneficiary, without demand or notice, after any
of the following occur, each of which shall be an event of default: (a) default by Grantor in the payment
of an indebtedness secured hereby or in the performance or observance of any covenant, agreement, term
or condition of Grantor contained herein; or (b) any assignment made by Grantor or the then owner of the
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Praabes for he benefit of aediton; or (c) nary of the following shall occur, with raped b Iles Pnanisa,
the Garner or der Neu owns of the hooka: (i) the appoiabsea of a realm, liquidator or Trustee;
(ii) the adjediraliou as a benkngit or insolvent; (Ili) the filing (deny vohawry a iavoluntary petition for
bankngeey or rsorpaiatioa; (iv) the itasttt*ioa of say voluntery or involuntary proceeding for
dissolution or liquidation; (v) if Gnaw be unable, or admits In writing, n inability to pay his debts
when due; or (v1) a default in any ptovbion of ray other kutrumeat which may be held by Beneficiary es
murky for mid NM.
In the event of default aid aeon written request of Bc nefickry, Tru cc shall sell the Premises,
in accardnce with the Deed of Trust Act of the Sark of Washington (RCW Chapter 61.24 es existing
now or hereafter mended) and the Uaifam Coriri:Mill Code of the Sure of Washington, where
applicable, at publk unction to the highest bidder. Any person, except Tnatee, may bid a Trustee's sale.
Trustee shall apply the proceeds of the sale es follows: (1) to the expense of sale, including a reasonable
Trasta's fee and attorneys' fees; (2) to the abliption secured by this Deed of Treat; (3) the surplus, if
any, shall be distributed in accordance with add Deed of Tmst Act. Trustee shall deliver to the purchaser
at the sale its deed, without warmly, which shall convey to the purchaser the interest in the Property
which Grantor had or had the pow to convey at the time of his execution of this Dad of Tnat, and
such as he may have acquired thereafter. Tnmee'a deed shell recite the facts showing that the sale was
conducted in compliance with all the requirements of law rd of this Deed of Trust, which recital shall be
prim facie evidence of such compliance and conclusive evidence thereof in favor of bona fide
pardrsas and encwnbmcers for value. At any time, Beneficiary may appoint in writing, a successor
trustee, or discharge and appoint a new trustee in the place of any Trusts named herein, and upon the
recording of web appointment in the mortpge records of the county in which this Dad of Trust is
recorded, the successor trustee shall be vested with all power of the original Trustee. Trustee is not
obligated to notify ny party hereto pending sale under any other deed of trust or of any action or
proceeding in which Grantor, Trwtoe or Beneficiry shall be a pasty, unless such action or proceeding is
brought by Tnutee.
23. NON - AGRICULTURAL USE. The Remises is no used principally or primarily for
agricukurl or farming punkas.
24. CHANGE IN LAWS AFFECTING TAXATION. In the event of the passage after the
date of this Deed of Trust of any federal, state, or local law, deducting from the value of real property for
the purpose of taxation any lien thereon, or changing in any way the laws now in force for the taxation of
mortpga, dads of oust, or debit secured thereby for federal, state, or local purposes, or the manner of
the collection of any such taxes so as to affect the interest of Beneficiary, then and in such event, Grantor
shall bear end pay the full amount of such taxes; provided, that if, for any reason, payment by Grantor of
any such new or additional taxes would be unlawful, or if the payment thereof would constitute usury or
render the loan or indebtedness secured hereby wholly or partially usurious under any of the terms or
provisions of the Note or this Deed of Trust, or othenwbe, Beneficiary may, at is option, without demand
or notice, declare the entire indebtedness seared hereby to be immediately due and payable, or
Beneficiary may, w its option, pay that amount or potion of such taxes as renders the loan or
indebtedness secured hereby unlawful or usurious, lo which event, Grantor shall concurrently therewith
pay the remaining lawful and non•usurious portion or balance of slid taxes.
25. PARTIAL INVALIDITY. If any payment required under this Dced of Trust or under
the Note shall be deknnined as a payment of interest in excess of the maximum rate of interest permited
under the laws of the State of Washington, then such excess payment shall be credited by Beneficiary
against principal outstanding (in the inverse order of maturity), it being the intention of the parties that
only a lawful rate of interest shall be charged and payable by Grantor during the term of the loan
evidenced by the Note. If, from any circumstances whatever, fulfillment of any provision of this Dad of
Trust or the Note at the time performance of such provision shall be due shall involve 'remanding the
limit of validity prescribed by ray applicable law (other then the usury statute of the State of
Wahington), then ipso facto, the obligation to be fulfilled shall be reduced to the limit of such validity,
so that in no event shall any exaction be possible under this Deed of Tnut er under the Note that is in
excess of the limit of such validity. The provisions of this paragraph shall control every other provision
of this Deed of Trust and the Nok.
26. FORECLOSURE AS MORTGAGE. The Power of Sale conferred by this Deed of
Tnst and by the Deed of Trust Act of the State of Washington is not an exclusive remedy. When not
exercised, Beneficiary may foreclose this Dad of Trust as n mortgage and shall have all rights and
remedies of a mortgagee, including, but not being limited to, the right to a deficiency judgment. If this
Deed of Trust is foreclosed as a mortgage and the Property sold at a foreclosure sale, the purchaser may,
during any redemption period allowed, make such repairs or alterations on the Property, as in the sok
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disetetloa of the purchaser, may be renewably rimeary for the proper operatics. ate, pratxnlion,
prmectioa and mg thereof. My saws so paid, together with hang thaws from the tine of such
expeadine M the highest lawful rats, shall be added to end become a pert of the amount required to be
paid for redaapdion from such sale.
27. FORECLOSURE SUBJECT TO RIGHTS Of TENANT3. Beneficiary shall have the
right, at its option, to fondue this Deed of Trent abject to the rights of tarry lewd or MOO of the
Property. The failure to make any such anent or meats a petty dekadast to any each wit or action, or
to foreclose their rights will not be asseted by Grantor as a dsfase In any action or suit instituted to
coiled the indebtedness secured hereby or any pat thereof, or any deficiency tumbling repaid after
foredoom and sale of the Property, any Astute or role of law at sly time exirtlag to the contrary
notwithstanding.
21. TENDER DEEMED VOLUNTARY PREPAYMENT. Upon any default by Grantor
and following the aoeelertion of maturity as herein provided. a tender of payment of the amount
necessary to satisfy die entice indebtedness secured hereby made at any time prior to the foreclosure sale
(including sale coder power of sale) by Grater, its successors or assigns, or by anyone in behalf of
Grantor, its successors n or assigns, shall constitute an evasion of the prepsytnent terms of the Note and be
deemed to be a voluntary prepayment theewtder, and ny such payment to the extent peemitted by raw,
will, Mafia, include the oddities., payment required under the prepayment privilege, if any, contained
in the Node. If at that time that be no prgayment privikge, then such payment will, to the extent
permitted by law, include an additional payment of ten percent (105) of the then principal balance.
29. $UBROGATfON. Beneficiary shall be subropted for further security to the lien,
akhough released of record, of any end all encumbrances paid out of the proceeds of the loan secured by
this Deed of Tent.
30. ADDITIONAL ASSURANCE . G wtor, from time to time, within fifteen (13) days
after tamest by Beneficiary, shall execute, acknowledge and deliver to Beneficiary such charnel
mortpps, security agreements or other suniler security instruments, in form and substance satisfactory
to Beneficiary, covering all property of ay kind whatsoever now or hereafter owned by Gnntor, or in
which Grata now or hereafter has any interest which, in the sole opinion of Beneficiary, is essential to
the operation of the Property. Grata shall furrier, from time to time, within fifteen (15) days after
request by Beneficiary, execute, acknowledge end deliver any financing statement, renewal, affidavit,
tertitk*, continuation statement or other document u Bahefkiary may request in order to perfect,
preserve, continue, extend or maintain the security interest under, and the priority of, this Deed of Trust
and ,ice priority of such chattel mortpge or other security insavnent as a fuss lien. Grantor further
agrees to pay to Beneficiary, on demand, all costs and expenses (including attorneys' fees) intoned by
Beneficiary in connection with the preparation, execution, recording, filing and mfiling of any such
instnnnent or document, including, but no being limited to, the charges for examining title and the
attorneys' fees for rendering an opinion as to the priority of this Deed of Trust and of such chattel
mongage or other security Instrument as a valid first and subsisting Tien. However, neither a request so
made by Beneficiary, nor the failure of Beneficiary to make such request, shall be construed as a release
of such property, or any pan thereof, from the conveyance of tick by this Dad of Trust, it being
understood and agreed that this covenat and any such chattel mortgage, security apamcnt, or other
similar security instrument delivered to Beneficiary arc cumulative and given as additional security.
31. FINANCIAL. STATEMENTS: SECURITY DEPOSITS, Grantor shall keep and maintain at
all times at Grantors address sated above, or such other place as Beneficiary may approve in writing,
complete and accurate books of accounts and records adequate to reflect correctly the revels of the
operation of the Property and copies of all written contracts, leases and other instruments which affect the
Property. Such books, records, contracts, kases and other instruments shall be object to examination
and inspection at any reasonable time by Beneficiary.
Within ninety (90) days of Grannies fiscal year end, Grantor shall, upon Beneficiary's written
request, furnish operating statements for the Property, including a balance shat and income statement,
and financial statements for the Grata. Grantor s1s1I also furnish personal financial statements for any
Guannton of any obligations secured hereby. The operating and financial statements shall be in a form
supplied by Beneficiary. or in a substantially similar form, and shall be certified as true and co rest by the
Guarantors and Grantor. Grantor shall supply a current rent schedule for the Property and expiration
dates for each of the leases, together with an itemized list of moneys bold as security deposits and the
identity of the institution wherein such funds are deposited. If requested by Beneficiary, Grantor will
also supply copies of all of de leases. In the event Grantor fails to timely provide the foregoing
information, Beneficiary may either (a) contract with an independent fun to collect and report the
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information, or (b) collect the information itself. In gut evens, Granter sines to pay Bauliiciary, on
demand, the greater of *300.00 or the naua) amouu paid to the independent firm. In the mat Grantor
fails to pay dm demanded amount within thirty (30) days of demand, Garter agrees der Beneficiary may
create a maw account amino 1 I0% of the omit demanded. and increase the monthly payments due
hereunder a collect the reserve amount over • ninety 00) day period. Notwidntandinp the foregoing. in
the avail (a) any loon payment becomes thirty (30) or more days delinquent, or (b) Grantor otherwise
defaults in Grantor's obiiptiom of its Note and Deed of Trust, Gruner agrees to wpply the foregoing
operating and financial statements mote frequently, but not more frequently than quarterly, If requested
by Beneficiary. Greater spas to pay the costs of failing to timely supply the gnements as specified
above.
All moneys held by Grantor u security deposits shall be deposited by Grantor in a separate trust
atcouM in a fedemlly inured hank, savings and loan association or mutual savings bank located in the
State of Wuhingtm, and shall not be commingled with other moneys.
32. TRANSFER OF PROPERTY. Grantor undasimds that the loan secured by this Deed
of Trust is personal to it. and that its personal responsibility and occupancy Of control of the Property is a
material inducement to Beneficiary to mike the loan. Garza agrees that any transfer of the Property
shall be deemed to increase Beneficiary's risk with respect to the loan, and Garter therefore further
agrees that if Grantor sells, conveys, transfer, assigns, alienates, or further encumbers the Property or
any portion thereof, or any interest therein, or is divested of thte or any interest in the Property in any
manner, whether voluntarily or involuntarily, without the prior written approval of Beneficiary, then
Beneficiary may, at its option, declare any indebtedness or obliption sauced hereby immediately due
and payable without forfeiture of any pa :payload charge. If M the time of any accelerator of maturity
there be no prepayment ptivikge and, therefore, no stated prepayment change, then payment of the
indebtedness secured hereby shall, to the extent pamincd by kw, include an additional payment of ten
percent (I0%) of the then unpaid principal bailout. For purposes of this patagnph, "transfer" means any
sale, montage or encumbrance (other and any encumbrance specifically permitted by the Loan
Documents), conveyance, or other transfer of any present or future interest in all or any part of the
Property (except leases that do not contain on option to purchase), or any contract or agreement
therefore; end if Grantor or any partner in Grantor is a corpentan other than one whose stock is
publkly traded, any change alter the date hereof in the ownership of the outstanding stock of the
corporation, excluding transfers to, from and among the corporation and existing shareholders and
affiliates of existing shareholders (i.e., entities owned or controlled by an existing shareholder, but only
so long as such control exists); and if Grantor is a general paruuxship, limited partnership tnership or limited
liability partnership, any transfer of any general partnership interest; and if Grantor is a limited liability
company, any transfer of my membership interest of unit in the company. Without limiting the
generality of the foregoing, this subsection dull apply to transfers to or from nominees or agents.
transfers made to subsidiary or affiliated entities, transfers made to a restructured limited partnership,
transfers by any partnership to the individual partners or vice verse, transfers by any corporation to its
stockholders or vice versa, and tansfen in connection with any corporate merger or consolidation.
Consent by Beneficiary to one transfer hereunder shall not be deemed to waive the right to require such
consent to future transfer, and any consent given may be conditional, including, but not limited to, an
increase in the inierut rate of the loan secured by this Deed of Trust to compensate for such increased
risk and payment by Grantor of any charges for processing and reviewing any application of Grantor
andlor the transferee for such approval by Beneficiary. Grantor agrees to be governed sokly by the
provisions of this paragraph end to be bound by the determination of Beneficiary. Any transferees of
Grantor agree with Beneficiary that„ prior to the completion of any such transfer, they shall notify
Beneficiary of any such proposed transfer and shall obtain Beneficiary's prior written consent thereto.
33. ASSIGNMENT OF RENTS AND LEASEg. As additional consideration, Grantor
(hereinafter called "Assignor" in paragraph 33), hereby grants, assigns. *sties, and conveys to
Beneficiary (hereinafter called "Assignee" in paragraph 33), all of Assignor's right, title, and interest in
any and all leases now in existence or hereafter made, demising any portion of the Property, including,
without limitation, the leases reported in Schedule I attached herto, if any. All of said leases, whether
described in Schedule I or not, together with any and all subleases, amendments, modifications,
renewals, replacements and extensions thereof, are collectively referred to herein as the "Leases" and
individually as a "Lease "; together with any and all guaranties of lessee's obligations under the Leases,
and any and all amendments, modifications, renewals, replacements and extensions thereof; together with
all rents, income, issues, and profits (collectively the "rents') now or hereafter due or to which Assignor
may now or hereafter become entitled, arising from or out of the Leases or from or out of the Property,
including without limitation minimum rents, additional rents, percentage rents, liquidated damages,
proceeds of condemnation and insurance proceeds pertaining to any interest insurable under or through
the Leases; and together with all deposits of every kind, including without limitation security, cleaning
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and dsttaage deposits, and all othir ssarNy received by Ana(anor under or with rupee to Leases
For the purpose of this pumgmph 33, the lems "Collider shall wan is Lasses, the ram and
NI other progeny end rights untried to Assignee by the hnuediatelYprecaline maw.
The aaslpene ant made herein ("Assignment') is for the purpose of securing payment or the
iadehladasaa of Asairoc to Assign in seeordanee with the tarts of the Nola, together with any
axle sins, renewals, or modifications of said Note; the due end punctual perform= and discharge of
all of Assigom's obligations, eovarnts, and epcemmts contained In the Deed of Tent; and the due end
punctual petfomunce and discharge or all of Assignors oblipuions, emends, and artxmeats
eontitined hae(a.
To protect the seedily of this agreement, Assignor hereby represens, covenants, and apses as
follows:
33.1 proms Assitnment. This Assignment is a present, absolute. and irrevocable
assignment of the Collateral.
33.2 Representations and Warranties. Assignor tepeesens and warrants that:
33.2.1 It hat title to all of the Collateral and has all necessary right, power,
and authority to assign the same to Assignee in accordance with the terms hereof;
33.22 Ohm not previously sold, assigned, transferred, or encumbacd any of
the Collateral:
332.3 It has not performed any act or executed any instrument which would
prevent Assignee from operating under any of the terms or conditions hereof, or which would limit
Assignee in mach opastion;
33.2.4 All existing Leases are valid and unmodified except as indicated in
Schedule 1, and all such Loren tare in full force and effect according to the terms and conditions thereof;
3323 It has duly and punctually performed and discharged all of the
obligations, covenants, and agreements of the (.eases by Assignor to be performed and discharged;
332.6 There exists no default under any existing Lease, except as indicated in
Schedule 1; and
332.7 It has not accepted rent under any Lease for any period subsequent to
the current period for which rent has already become due and payable, and no payment of any of the
same has otherwise been ntkipated, waived, discounted, set off, discharged, or compromised.
33.3. Covenants of Performance. Assignor covens and area:
33.3.1 To perform and discharge duly and punctually, each and every
obligation, covenant, and agreement of the Note. the Deed of Trust, and the Leases by Assignor to be
performed or discharged, and to notify Assignee immediately of any notice, demand, or other document
received by Assignor from • tenant under any Lease specifying any claimed defauh by Assignor
thereunder,
33.3.2 At its sole cost and expense, to enforce or secure the performnce and
discharge of each and every obligation. covenant, and agreement of the Leases by any tenant to be
performed rw discharged, and to notify Assignee immediately of the occurrence of any default by a tent
under the Leases;
33.3.3 To deposit all moneys held by Assignor as security deposits in a
separate test account in a fedenlly insured bank, savings and loan association or mutual uving, bank
located in the State of Washington, and not to commingle the same with other moneys;
33.3.4 At its sole cost and expense, to appear in and defend any action or
proceeding arising under or in any manner connected with the Leases or the obligations, duties, or
liabilities thereunder, end to pay all coats and expanses of Assignee, including without limitation
reasonable attorneys' fees, in any such action or proceeding in which Assignee may appear; and
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33.3.5 !either to erne neat pamk any lice, dine, or encunbrsrce upon in
karat in or under rise Lass, except for this Auiptnant and the Tien of the Deed of Tnnt and except es
provided herein.
33.4 fisaisnee's Prior Amoral Reauiree(. Assignor father covenants and spas that.
without the prix wines one* of Asdpes, it will:
33.4.1 Not anikipek any reran larder the Leases;
33.4.2 Nor modify. extend, or In any way alter the terns deny of the Leases;
33.4.3 Not waive, excuse, condone. a in any manner release or dischurge the
tenant under any Lase of or from the obligations, covenant, and greemenu by said tent to be
performed and dischtrged. including without limitation the obligation to pay the renal provided foe
therein in the manna end a the time and place specified therein;
33.4.4 Na release or discharge any guarantor of a lessee's obligation under
the Leases or any other patty liable under the Leans;
33.4.5 Not renew or extend the tcnn of any existing Lease on terms
(including without limitation rents payabk) less favorabk to Assignee than those in effect during the
inkial tern of the Lessc, u now cxisting, or for any period longer than the renewal or extension period
provided for in the Lease or, if these be no such period provided for in the Lean, for any period longer
than one (I) year, and
33.4.6 Not lax any pert of the Property nor renew or extend the temp of any
future Lease on terms less favorable to Assignee tun those contained in leases approved by Assignee or
for any period longer than one (I) year.
33.5 Marion of Leases: Termination of Guaranties. If any lessee under any of the
Leases or any guarantor of a lessee's obligations thereunder becomes the subject of any proceeding under
the Fateful Bankruptcy Act or any other federal, state, or local statute which provides for the possible
rejection of the Lana or termination of gonadial thereof, Assipor covenants tut, in the event any of
the Leases is so rejected any guernsey is so terninatrd, no damage settlement shall be made without
the prior written consent of Assignee. Assignor further covenants that any duck in payment of damages
for rejection of any of the Lean, or termination of guaranties thereof, will be made payable jointly to
Assignor and Assignee; Assignor hereby coigns any such payment to Assignee and father covenants
that, upon Asignee's request, it will duly endorse to the order of Assignee any such check, the proceeds
of which will be applied to any portion of the indebtedness secured hereby as Assignee may elect.
33.6 Assienee's Perfamw+u (lesion. If Assignor fails to make any payment or to do
any act herein provided, then Assignee, but without obligation to do so and without notice to or demand
of Assignor and without rekuing Assignor from any obligation hereof, may snake or do the same In such
manner and to such extent as Assignee may dam necessary to protect the security hereof, including
specifically, without limiting its gettersl powers, the right to appear in and defend any action or
proceeding purporting to affect the security hereof or the righu or power of Assignee, and also the right
to perfonn and discharge each and every obligation, covenant, and agreement of Assignor contained in
the Leases, and, in exercising any such powers, to pay necessary costs and expenses, employ counsel, and
incur and pay rcasauble attorneys' fees. Nothing herein contained shall be construed as obligating the
Assignee to perform any of the Assignors coverts under any Lases.
33.7 Repayment of Assignees Costs and Expenses. Assignor shall pay immediately
upon demand all sums expended or advanced by Assignee under the authority hereof, together with
interest thereon at the rate of eighteen percent (1t%) per annum (but not in any event to exceed the
maximum interest rate permissible by law) from Use date expended until paid, and the same shall be and
are secured hereby, it being agreed by Assignor that any such expenditure or dvana is to protect the
security hereof and constitutes a part of the loan transaction in connection with which the Note was
executed.
33.4 Animal License to Collect Rents. So long as there shall exist no default by
Assignor in the paymem of any indebtedness secured hereby or in the performance or discharge of any
obligation, covenants, or agreement contained herein or in the Leases, Assignor shall have the right under
a license granted hereby to collect, but not prior to accrual, all rents arising from or out of the Leases or
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from or out of the Prepay or any pardon thereof, provided Ma all rents so colketed by It shall be
received In eat to pay the anal and rasaahle °grades apnea of. and the sxa Rica, the Propesty
and all mans owing Asipba a they became due and payable ender the terms of the Note and die Deed
of Trust, and the Winos of such rents, after pommel of the foregoing, shell be Assignors absolute
property
33.9 admiumgjemesks. Upoo or a my that after default k the amuse deny
indeblednes seamed hereby or in the performYrce or dhdrrge of any obligation, covenant, or
wannest herein or In my Leas enamel, Assignee may declare all emu nand iweby immediately
due and payable; and may, at Ib option ad without notice, without regard to Use adequacy of the security
for Use indebtedness sand hereby, lenniesse the license granted to Assignor hereunder to collect ell
rents arising from or out of the Leans or from or out of the Property or ray portion thereof; either in
Person or by again, without btingieg any action or reading, or by the Trustee under this Decd of
Tni , a by a receiver to be appoinsed by a court, aster upon, take possession of, manage, sod operate Use
Property or any pasioe thereof, make, anal, atone, or modify any (.eases now or haulier in effect
on the Propeay or ray portion thereof, obtain and evict tenants, tut or modify rents, decorate, clan, and
repair, and othawbe do any as or Mar my toes or expanses which Assign= deans proper to protect
the security hard; either with or without taking possession of the Property, in its own name, sue for or
otherwise collect red receive all rents arising from or out of the (.eases or from or ow of the Property or
any portion thereof, including without Iimlo ion those tans past due and unpaid, and apply die sane, less
costs and expaues of operation and collation, including without Iimitaion reasonable attorneys' fees
upon ray indebtedness sawed hereby, and in such order as Assignee may determine. The entering upon
and taking possession of the Property, the colkction of rents, aid the application thereof as aforesaid
shall not erne or waive ay default or waive, modify or affect my notice or defwh under this Deed of
That or invalidate any act dons puritan to mach ratio. Assignee shell not have a fiduciary or other
obligation to Assigns in exercising its remedies hemunda, including without limitation no obliption in
any manner to make inquiry as to the nature or sufficiency of ray payment received by k or to ascamin
whether any payments re correctly computed or paid. No taint, lease or any other third person shalt
be a laird play beneficiary of any tam, condition or covenant of this Agreement or shall otherwise
acquire any rights hereunder.
33.10 pefauk And Default Under the Note and Deed of Tryst Any default 1 the
perfomance of any obligation, covenant, or agreement herein, and the acceleration of the indebtedness
secured hereby, shall camttute and be deemed to be a default under the terms of the Note and the Dad
of True, entitling Assignee to all rights and remedies contained therein, including without limitation the
right to declare ■ defwk thereunder, to declare all sums evidenced or secwed hereby immediately due
and payable, and to foreclose the Deed of Trust as provided by law.
33.11 Reliance by Tenants. Ali tenants of any portion of the Property are hereby
authorized to recognize the claims of Assignee hereunder without Investigating the reason for any action
taken by Assignee, or the validity or the amount of indebtedness owing to Assignee, or the existence of
Any default hereunder or in the Note or Deed of Trust, or the explication to be made by Assignee of any
amounts to be paid to Assignee by such unarm The sok signature of Assignee shall be sufl cknt for the
exercise army rights under this Assignment, and the sok receipt of Assignee for any sums received shall
be a full discharge mid release therefor to any such tenant.
33.12 Ipdemnitv. Assignee shall not be obligated to perform or discharge, or does it
hereby undertake to perform or discharge, any obligation, covenant, or agreement under the Leases or
under or by reason of this Assignment. Assignor shall and hereby agrees to indemnify and hold Assignee
harmless from and against any and all Iiability, loss, or damage which Assignee may incur under the
Leases or under or by reason of this Assignment, and from and mgainst any and all claims and demands
whatsoever which may be asserted against Assignee by reason of any alleged obligation or undertaking
on its part to perform or discharge any of the obligations, covenants, or agreements contained in the
Leases. Should Assignee incur any such liability, loss, or damage wider the Leases or under or by reason
of this Assignment, or in the defense of any such claims or demands, the amount thereof, including costs,
expenses, and reasonable attorneys' fees, together with interest thereon at the rate of eighteen percent
(11%) per annum (but not in any event to exceed the maximum interest rate prmisible by law) from the
date expended until paid, shall be secured hereby. and Assignor shall reimburse Assignee therefor
immediately upon demand, it being agreed by Assignor that any such expenditure is w protect the
security hereof and constitutes a pan of the loan transaction in omelets with which the Note was
executed. Upon the failure of Assignor so to reimbwse Assignee, Assignee may declare 111 sums secured
hereby immediately due and payable,
FMI.40 (03/97)
33.13 Termination of Annulment. Upon the payment in full of all indebtedness
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secured host" and the payment in full of all indebledeeas wand by the Deed of Tans, this Assignment
shall be void and of an hither rota and effect, but the affidavit, certificate, hater, or other stelement of
any officer or loan supervisor or Aselpue allowing any pot of said Ydsbledness to ramie unpaid shall
aesthete contusive evidence of the utility, effeaiveneo, ■d cogitating fora of dub Ariptment, mad
say individual or c.Iity may end is hereby authorized eat rely Mason.
33.14 To the atlas applicable, thin
Anignmmt is a scarify mpemkot under the Uniform Commercial Code gaging to Assignee, as
seated pity, a amity barest in all of the Collasend, std Auipar •pees to execute such Musing
stalemate a may be requested by Assignor with respect thereto and to pay, upon dammed, filing fees for
any such flaming statematt$ mod contiut$ions thereof.
33.15 figgigamougg. Until the indebtedness seared herby shall have ban paid
in MI. Assignor shall deliver to Assignee executed copies of any and all renewals, extensions,
modifications, mmendmems, end replacements of existing Leases and all future Lases upon all or any
portion of the Property within tan (10) days of the execution thaeor. Without affecting the present
effectivatw hereof as an assignment of future Lames, Assignor agrees to execute and deliver to
Melinoe may furtMa or eupplematal assipmnents or documents requested by Assignee to effectuate the
intentions of this Assignment. Auigtor further agrees to make, execute, and deliver upon detnand any
and all records end Metronome, including without limitation root roils and books of account, as Assignee
guy reasonably toquesl for the purpose of determining whether Assignors obligations hereunder are
being duly and punctually performed and dischwied.
33.16 Power of Attorney for Subordination of kegs. Assignor hereby constitutes and
appoints Assignee its true and lawful attorney, for it and in its mute, place and stead, to subordinate at the
option of Assignee. M any time or times, any of the Leases to the lien of the Deed of Trust, said power of
attorney to authorize Assignee to so act in any and all cases where Assignor has the right power or
privilege so to do. This power of attorney is irrevocable, is coupled with an interest and is exclusively in
favor of Assignee, its successors and assigns so long as any put of the indebtedness secured hereby
remains unpaid. Assignor warrants the it has not exercised any right to subordinate any lase to the lien
oldie Deed of Tot and agrees that it will hereafter not exercise any such right without first obtaining
the written consent of Assignee.
33.17 No Meter. Neither the acquisition by any tenant under the Leases in any
runner whosoever of any interest in the fee estate of the Property, nor the operation of law, nor any
other event shall cause or operate as a merger of any Lease or the leasehold estate crated thereby with
Use fee estate oldie Property so long as any indebtedness secured hereby shall remain unpaid.
33.11 No Waiver. No wavier by Assignee of any right or Mach of any provision
hereof shall be construed to be a waiver of such right or any other right in the future or of any succeeding
breach of any of the provisions hereof. Assignee may take or release other security, may release any
party primarily or secondarily liable for any indebtedness secured hereby, may grant extensions,
modifications, and renewals with aspect to such indebtedness, and may apply any other security therefor
held by it to the satisfaction of such indebtedness without prejudice to any of its rights hereunder.
Nothing herein contained nor anything done or omitted to be done by Assignee pursuant hereto shall be
deemed a waiver by Assignee of any of its rights and remedies under the Noe and Deed of Trust or the
laws of the State of Washington. The rights of Assignee to collect said indebtedness and to enforce any
other security therefor may be exercised by Assignee either prior to, simultaneously with, or subsequent
to any action taken hereunder. The rights and powers granted to Assignee hereunder are cumulative and
not in lieu of any other rights and powers otherwise gemmed to Assignor or now or hereafter existing at
law or in equity.
34. J(ELIANCE ON AFFIDAVIT BY TRUSTEk. The Trustee, upon presentation to it of
an affidavit signed by Beneficiary setting forth facts showing an event of default under this Deed of
Trust, is authorized to accept as uue and conclusive all facts and statements therein, and to act thereon
hereunder.
35. NO WAIVER. No delay or omission to exercise any right, power or remedy accruing
to Beneficiary on any breach or default of Grantor hereunder shall impair any such right, power, or
remedy of Beneficiary, nor shall it be construed to be a waiver of any such breach or default occurring
later. Any waiver, permit, consent or approval of any kind by Beneficiary or any breach or default under
this Deed of Trust, or any waiver by Beneficiary of any provision or condition of this Deed of Trust.
must be in writing and shall be efrective only to the extent specifically set forth in that writing. Any such
waiver of any single breach or default shall not be deemed a waiver of any other or subsequent breach or
FMI-40 (03/97)
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36. MM. Time fa of the arena havof in connective with all abllptlom of Onsets
heal sad it the Note end any other k ettemeet manias meat of the indsbeedeas served hereby.
By Ong payment deny are secured hereby after les dun dab, Beaeficry does act waive its right
elder so require prompt primal who doe of all ether saes as secured, or to declure default for failure
as to pay.
37. ES. Any notice given hereunder shall be in writing and daft be delivered in
persona seat by first clues soil, catUied or registered mail, to the Arty ai he address set forth above, or
to ash other addles as may hereafter be designated by Notice given le eocoednce with the procedures in
this parymph. Nellees sat by rail shall be deemed to have been given as the second day after being
mailed, and the postmark affixed thereto shall be conclusive evidence of the dam of sailing.
31. MISCELLANEOUS. All Bawficirys rights and remedies herein specified or
available sada applicebk law are intended to be cumulative and not in sutetitution for any right or
remedy otherwise eyelid/I. 11th Deed of Trust canoe be chrnged or terminated orally. This Deed of
That applies to, inures to the bent of, and is binding not only on the parties hereto, but on their heirs,
devises, itptees, admnbtraton, aewtas, acassom Ind assigns. The term "Beneficiary" shall man
the holder ad owner, including pledgees, of the Note, whether or not named as Beneficiary herein.
Without dkang the liability of any otha person for payment of ray obligation herein mentioned
(including Gents, should it convey the Property as pcnnitoed herein), and without affecting the lien
hereof upon any property not mieaed, Beneficiary may, without notice, release any person so Iiabk,
amend the maturity or modify due terns of any such oblipelon, or inset other indulgences, r lease,
recnvey or ease to be released or reconveyed at try time, all or part of the Property, take or release any
other 'murky, a make compositions or other ssmgernats with debtors Beneficiary may also accept
additional sanity, either canasrenly herewith oe haulier, and sell same or otherwise taken thereon,
either before, conamentiy with, or after sale Wanda.
This Deed of Trust :hell be so cansaued that wherever applicable, the use of the singular
number shall include the plural number, the use of the plural number shall include the singular number,
the use of arty Fader shall be uppllabk to all genders, and the use of a pronoun shall include all
genders.
The word *Note shall include the Note end all renewals, modifications and extensions thereof.
The psrsveph hadnp In this Dad of Trust are included for purposes of convenience only and shall not
affect the construction or imapretrion of ny of the provisions of this Deed of Trust. If any of the
provisions hereof shall be determined to contravene or be invalid trader the laws of the State of
Washington, such contravention or invalidity shall not invalidate ray other provisions of this Deed of
Trust, but it shall be construed as if not containing the particular provision or provisions held to be
invalid, and all rights and obligations of the parties shall be construed and enforced accordingly.
IN WITNESS WHEREOF, Grntot(s) has set its hand and affixed ita seal on the day and year
first above written.
GRANTOR:
SUZANN REED •WATKINS, INDIVIDUALLY AND AS HER SEPARATE
ESTATE, AS TO AN UNDIVIDED ONE.QUARTER INTEREST, AND AS
TRUSTEE OF THE ROLAND G. REED TRUST, AS TO AN UNDIVIDED ONE -
QUARTER INTEREST, AND PARK EAST BUILDING, INC., A
WASHINGTON CORPORATION, AS TO AN UNDIVIDED ONE -HALF
INTEREST
G, INC.,
Ingto , o • • ration,
y: Jeffrey . Stock, Its
President
FMI-40 (03/97)
16
S I I REED - WATKINS,
Ind salty and u her separate
Estate, and u Trustee of The
Roland G. Reed Trost
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STATE OF WASHINGTON )
COUNTY OF PASS ) a.
THIS i f W CIIRTIFT the ON tkb Olt d y of kwto4 ,19 / . belay
as, a WEN ale of Wad iollb* drly casnairiooed ad sworn, eagle
G/ • 4 r.nMed
b k tltt the eaporedestansershiptIbniNd Iiabfky
eaaepoay dal mermed the foregoing imtranuat, sad adoaowbdpsd tie said instalment so In the free
asd wintery act and deed of aid capo adonfpartaenitpAimMed liability company for the era and
purposes therein asatioaed, and ea oath Mead duet hahhs is 'Marked b execute the said iastnenenl on
behalf dead capondioalparianhiplUalted liability contpmy.
%%NN \%tt
WITNESS N it h al seal die day sad year b this certificate first above written.
Arli)
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41Itd OF
STATE OF ARIZOI »I
COUNTY OF NA RICDPA
THIS IS TO CERTIFY dart on dtb'44 day of dalitrest 19 97 before
me, a Notary public In rd for the State of Arizona, duly commissioned and:worn, came
SU2ANN ROO - 11.41ramIS ,personally
known or having presented mbfsetay evidence to be the ladivideal described in and who executed the
within instrument, mad acknowledged that he signed the sane as his flee and voluntary act and deed for
the uses end purposes therein mrctdiosed.
WITNESS MY HAND and official sal the day and year in this certificate fast above.wtItten..
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Expiration Date:
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STATE OF ARIZONA )
n.
COUNTY OF INARICOP4 )
THIS IS TO cumin( that on this y04 day of P451 , 19 q7 . before
me. s Notary public in sad for the Stet of Arizona, duly commissioned and sworn, came
$u2,bVr/ 0- k,4V IN,S
personally known or laving presented satisfactory evidence to be the Trustee of
/LO -.AND • PLC' .3 Titus i
deed Meted/GI c r S 'no and personally known to me, or proved to me or
the basis etsaillike/ay evfde oe, to be the person whose rmne is subscribed to the within imwment and
acknowledged that he/dtoMtey executed the sarne u said Trustee.
WITNESS MY HAND and official seal die day and year in this certificate first abol�
tar • L
FMI-40 (03x97)
Notary Pabi
raiding M
Expiration Dee:
a and for the tea o
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EXHIBIT "A"
TRACTS 4 AND 5, ANDOVER INDUSTRIAL PARK NO. 2, ACCORDING
TO THE PLAT THEREOF, RECORDED IN VOLUME 71 OF PLATS, PAGES
68 AND 69, IN KING COUNTY, WASHINGTON
•
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ADDENDUM TO THE DEED OF TRUST
This is so addendum a IkM Deed of Tngt dsicd JULY 31. 1997 between SUZANN REED -
WATKINS. INDIVIDUALLY AND MINK SEPARATE ESTATE. AS TO AN
UNDIVIDED ONE - OUARTER INTEREST. AND AS TRUSTEE OF THE ROLAND
G. REED TRUST. AS TO AN UNDIVIDED ONE-OUARTER INTEREST. AND
?ARKEAST WILDING. INC., A WASHINGTON CORPORATION. AS TO AN
UNDIVIDED ONE-HALF INTEREST
u "Grata" and First Mutual Savings Bank as "Beneficiary".
Grantor shall not keep on or around the property for use sale, treatment or disposal any substance
designated as or containing components which are listed as hazardous, dangerous, toxic, or harmful by any
federal, state or municipal agency and/or subject to regulaion by any federal, state or local law, regulation
statute, a ordinance ( "Harrdou Substances"). Nor shall Grantor permit its taunts, assignees, agents,
independent contractors, employee, or others to keep Hazardous Substances on or around the property
unless Grantor complies with all federal, state and municipal laws and reguWions regarding such Hazardous
Substances. If Grantor uses, disposes of, mats, gencroses, stores, or sells any Hazardous Substances, on or
nee the property, Grantor, its tenants, agents, assignees, employees, independent contractors, or others shall
do all of the following:
I. Comply promptly and completely with all governmental requirements for reporting,
keeping and submitting manifests and obtaining and keeping current identification numbers on such
Hazardous Substances.
I. Within five (S) days of request, (a) submit written reports regarding use, storage, treatment,
• transportation, generation, disposal or sale of One Hazardous Substances, and (b) provide evidence of
compliance with minimum levels, standards or other performance requirements and with all applicable
government rule, regulations and requirements which may be set forth or established for the Hazardous
SubsUures8.
3. Grantor shall be fully and completely Iiabk to Beneficiary for any and all costs associued
with its own or its tenants', assignees', agents', employees', independent contractors', and others' use, sale,
treatment or disposal of Hazardous Substances on or about the property, and for all cleanup costa and any
other charges. penalties, or fea imposed by any governmental agent or regulatory agency with respect to
Grantors, its tenants', assignees', agents', employees', independent contractors' or others' use, disposal,
transportation, generation and/or sale of Hazardous Substances. Upon request of Beneficiary, Grantor shall
post a bond or obtain insurance in an amount and with terms and conditions acceptable to Beneficiary
insuring Grantors performance hereunder. Grantor shall allow Beneficiary or Beneficiary's agent or
representative to come onto the property at any time to check Grantors compliance with all applicable
governmental regulations and shall include a provision allowing Beneficiary's access In all leases and/or
other contracts which tmsfer possessory interest in the property to another.
4. Grantor shall indemnify and save Beneficiary harmless from any and all costs, fees, and
penalties assessed or imposed upon Beneficiary and shall pay all Beneficiary's attorney's fees and costs
which result from Grantors, ice tenants', assigned', agents', employees', independent contractors', and others'
use, disposal, transportation, generation, and/or sale of Haardous Substances. For purposes of this
Indemnification, if Grantor is a corporaaion or partnership, each of its shareholders, directors, principals
and/or partners shall be personally and individually liable for any costs, fees and penalties assessed or
imposed upon Beneficiary as a result of Grantor's use of Hazardous Substances on or about the property.
This provision shall survive reconveyance of the Eked of Trust.
5. If Grantor defaults in any of the provisions of this addendum, in addition to all of the rights
end remedies set forth elsewhere in this Decd of Trust and the Note it secures, Beneficiary shall be entitled to
accelerate all amounts owing immediately and in addition to recover any and all damages associated with the
default, including, but not limited to, cleanup costs and charges, civil and criminal penalties and fees, any
and all damages and claims asserted by third parties, any and all damages and claims asserted by
governmental authorities, and Beneficiary's attorneys fees and costs associated therewith. If Grantor is a
corporation or partnership, cacti of its shareholders, directors, officers, principals and/or partner shall be
personalty liable to Beneficiary for the above enumerated costa incurred by Beneficiary in connection with
Grantors use of Hazardous Substances. Beneficiary may further, at its sok option, enter into possession of
the property for purposes of effectuating such cleanup as is determined necessary. This shall not be
construed as any obligation on the part of Beneficiary to take any actions.
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f. .All CNN loan' by Mdlalq OnMoes 1t1 mien
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davaisstion of h prspsdy, w/eney� urns 4 prelusion! tlta. din be do
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of the thee.
1. • llsosileiry mem do empomelbUlly Ibr sonberlap ton .of li.Ladwr Malmo or
dam. *mot Sob nrpo.AiiYy for her sottvblss coin midi Ormsor.
B. Notede lenNng my etltr pmvobn M h Deed of Dos or fldo Addendum ae.lolly
h mom Onside oldigtlone undue bb Aiimdor sn mecoodlYoeel ad abed net be limbed by my
nanasoorlM or our lidlaiene of dlbWty provided fbe to my domed rslati g b lerrowde loon boom
auk The npr-Mtlem wommiw•nend coverts of tdstrnbor set fotb lo tkle AMridem elrtl
condom In ertkt ee4 b h IM MO Mot psrenbbd by Inv, tisU surthm h sue* of be Property
prmret 10 foreck ms proceeding (wMdnsr Judicial or no eiel), by deed be lieu of foreclosed' or
otierwie. Clamor aelaowlsdgs and apron time be oowoeats and oblige-loos busnmdr sea aspernle sod
dl last from annex% obligeleas n edsr h I esa Documents.
DAM
SUZANN REED- WATKINS, INDIVIDUALLY AND AS HER SEPARATE
MATE, AS TO AN UNDIVIDED ONE- QUARTER INTEREST, AND AS
TRUSTEE OF THE ROLAND G. REED TRUST, AS TO AN UNDIVIDED ONE-
QUARTER INTEREST, AND PARK EAST BUILDING, INC., A WASHINGTON
CORPORATION, AS • s UNDIVIDED ONE -HALF
.dd
fJ" i r MG, INC.,
orperadem,
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REED-WA 11 S,
tally sad u her separate
Estate, sad u Trustee of Tile
Rohad G. Rood Trust
ADON•DOT(O1/97)
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FMI -47 (02/95)
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9'708070278
STATE OF WASHINGTON )
• COUNTY OF K i ) w
THIS 1a TO CtATI7Y iet c. this 4114 rye of A A 47 19 T , before
me, a N' ° ?die! 1hSJ Wahipoa, duly oonenLdeaed end sworn, sae
Minos Is s of pAl.IC P�eu I.J
wit
easpny dint Ithe Ragging inetr.nent, end oclmowkdied mdd Instrument b bye debility free
Ind rolwh y set sod deed of aid eorpetitlanrpennerilpillmNed liability cowpony for the uses and
imposes
befall sett snastIoned, owl on hued d thee hehhe is subodad to mate the said instrument on
=goy.
WITNESS MY IL1 p1 seal the day sod year In this anUlaW first above written.
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STATE 04' 1 dIIa�1l%.,•
COUNTY OF MA Rf eo pA
Notary Febue Mid _ _fords Hof Wash input
Expketion Dam resWiq a �s 'LL
Pit /VW NMI z ',&1t ONO (Plow, VP
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THIS IS TO CERTIFY List on this 1/44 day of acedurt , I99_ 7 , before
me, a Notary puddle in and for the State of Arizona, duly commissioned sad sworn, cane
Sir, ZAAJN ACED - 14.44Tu/NS , personally
krawn or having pawned satbfieaey evidence to be the individual described in and who executed the
within Instrument, end acknowledged that he signed the same es his five and vohmtary act and deed for
the uses and papules thaein meadoasd.
WITNESS MY HAND end official seal the day and you in this certificate first shove wrinea.
V', !i � Uaw- sa c .
Notary Public ju rd f Ike St�feAf Adaar
• c; � residing al
iy : Expiration Date: WA?
ARIZONA
COUNTY OF H/AR/cop/i
)us.
1
THIS IS TO CERTIFY that on this //d, day of 0.1-a&a0/ 19/7 - before
me, a Notary public in and for the State of Arizo ., duly commiuionsd and sworn, cane
S'UZANN
.0-£.64) -4vAr ,N S
personally or Whig presented �` to be me 'Duane of
dated Oefal w S, /1 7L and personally blown to meow proved to me on
the basis of satisfactory evidence, to be the pawn whose name is subscribed to the within instrument and
acknowledged this hdshehhey escorted the ante u said Trustee.
WITNESS MY HAND and official seal the day and year in this certificate fast above written.
• Notary P u b l i c foe %M tune of
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residing et 167`10./ ^D,,
t' �; j Expiration Due: 94k/fit
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