HomeMy WebLinkAbout1991 - Deed of Trust - Wales Thomas / Looney William - 91110100609111010060
INSURED UNDER:
STW 156354
Filed for Record at Request of
Statewide Escrow Corporation
AFTER RECORDING MAIL TO:
Name WILLIAM A, LOONEY
Address P.O. BOX 66098
City, State, Zip SEATTLE, WA 98166
Dui
LPB No. 22 00'B
DEED OF TRUST
(For use in the State of Washington Only)
THIS DEED OF TRUST, made this Thirtieth
CD
THOMAS J, WALES, III AND DARLA J. WALES, HUSBAND AND WIFE,
.y
O whose address is 3914 SOUTH 115TH STREET TUKWILA, WA 98188
.� STEWART TITLE COMPANY OF WASHINGTON INC
whose address is 1000 SECOND AVENUE, SUITE 1300 SEATTLE, WA 98104
WILLIAM A. LOONEY, A SINGLE MAN, AS HIS SEPARATE ESTATE,
This Space Reserved For Recorder's Use:
RF.CEI;'L: '..
TH.- �:�: ,te
day of October ,19 91 , between
,GRANTOR,
, TRUSTEE,
, and
, BENEFICIARY,
whose address is P.0. BOX 66098 SEATTLE., WA 98166
WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following
described real property in KING County, Washington:
PARCEL A LOT 1 AND THE WEST 3 FEET OF LOT A, BLOCK 20, C.D. HILLMAN'S MEADOW GARDENS
ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 3, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 12 OF PLATS, PAGE 86, IN KING COUNTY, WASHINGTON.
TOGETHER WITH AN EASEMENT FOR EXISTING SEPTIC TANK DRAINFIELD AS NOW
CONSTRUCTED ON PARCEL B, LEGALLY DESCRIBED AS FOLLOWS:
THAT PORTION OF GOVERNMENT LOT 2, SECTION 10, TOWNSHIP 23 NORTH, RANGE 4
EAST, W.M., IN KING COUNTY, DESCRIBED AS FOLLOWS:
8a° BEGINNING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 20, C.D.
HILLMAN'S MEADOW GARDENS ADDITION TOT HE CITY OF SEATTLE, DIVISION
NO. 3, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 12 OF PLATS,
� PAGE 86, IN KING'COUNTY, WASHINGTON;
&a\ THENCE NORTH ALONG THE WEST LINE OF SAID LOT 1 A DISTANCE OF 100 FEET;
THENCE NORTH 86 °15' WEST A DISTANCE OF 100 FEET;
( THENCE SOUTH 100 FEET;
THENCE SOUTH 86 °15' EAST 100 FEET TO THE POINT OF BEGINNING. - -SAID EASEMENT WILL TERMINATE
UPON INSTALLATION OF SEWERS FOR THE BENEFIT AND USE OF PARCEL A HEREIN DESCRIBED.
IN THE EVENT OF SALE, TRANSFER, OR EXCHANGE OF THE PROPERTY PLEDGED AS SECURITY
AS DESCRIBED HEREIN, SAID NOTE SHALL BE DUE IMMEDIATELY AND PAYABLE IN FULL.
which real property is not used principally for agricultural or farming purposes, together with all the tenements,
hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues
and profits thereof.
This deed is for the purpose of securing performance of each agreement of grantor herein contained, and payment of the
sum of THIRTY THOUSAND AND NO /100 Dollars ($ 30, 000.00)
with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order,
and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be
advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such
rate as shall be agreed upon. THE UNPAID PRINCIPAL BALANCE TOGETHER WITH ANY AND ALL ACCRUED
INTEREST TO BE PAID IN FULL ON /OR BEFORE NOVEMBER 01, 2001.
To protect the security of this Deed of Trust, Grantor covenants and agrees:
1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or
improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon
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which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and
restrictions affecting the property.
Nd 200 S08O338 A1N003 9NIH RV OQ:0E:80.. Q900- TOTIT6
2 '1'o pay before delinquent all lawful taxes a :essmcnts upon the propert); to keep the property f( id clear of all other charges, liens or
encumbrances impairing the security of this I)e .f Trust,
3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an
amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, and be in such companies as the
Beneficiary may approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor. The amount collected
under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such
application by the 13eneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all
rights of the Grantor in insurance policies then in fordo shall pass to the purchaser at the foreclosure sale.
4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all
costs and exppenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit
brought by Beneficiary to foreclose this Deed of Trust.
5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the
obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute.
6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property
hcreinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall
be added to and become a part of the debt secured in this Deed of Trust.
IT IS MUTUALLY AGREED THAT:
1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion
as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation.
2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due
of all other sums so secured or to declare default for failure to so pay.
3. The Trui�yyee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of
the Grantorand the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or
the person entitled thereto.
4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all
sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event and upon written request of
Beneficiary, Trustee shall se,i the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the
highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of
the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall
be distributed to the persons entitled thereto.
5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property
which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have aquired thereafter.
Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust,
which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrancers
for value.
6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy;
r"Th Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage.
+.4) 7. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the
recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested
with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of
any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee.
CD 8. This Deed of Trust applies to inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees,
administrators, executors and assigns. The term Beneficiary shall mean th : holder and o • er of the otc secured hereby, whether or not named
as Beneficiary herein.
p", APPROVED AND ACCEPTED
BY:
I .
G(/ /,�
WILLIAM A. LOONEY
STATE OF WASHTNGTON•
COUNTY OF KTNG
} ss
T qPMAS J.I'LES, III
lUa4ea
DARLA J. Ji'ALES
I certify that I know or have satisfactory evidence that THOMAS ,T _ WALES TN AND DART.A ,T. WALES,
are the persons who appeared before me, and said person_____ that
Shay__ signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes
mentione t this instrument.
Dated•! -r �� /�9/
•
Notary Public in and for the to of WASHINGTON
Residing at SEATTLE
My appointment expires. 12
REQUEST FOR FULL RECONVEYANCE
Do not record. To be used only when note has been paid.
TO: TRUSTEE.
The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed
of Trust. Said note, together with all other indebtedness secured by said Deed of Trust, has been fully paid and
satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of
said Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said
Deed of Trust delivered to you herewith, together with the said Deed of Trust and to reconvey, without warranty, to
the parties designated by the terms of said Deed of Trust, all the estate now hel by you thereunder.
Dated ,19
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X111
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IMPORTANT: This is not lat of Survey. It Is furnished as a convenle to locate the land indicated
hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon.
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Nd 200 SQ10038 ALN000 9NIA NV 00:0E:80 0900. 101116
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Dollars (j. 30,uuu•uu)
with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order,
and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be
advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such
rate as shall be agreed upon. THE UNPAID PRINCIPAL BALANCE TOGETHER WITH ANY AND ALL ACCRUED
INTEREST TO BE PAID IN FULL ON /OR BEFORE NOVEMBER 01, 2001.
To protect the security of this Deed of Trust, Grantor covenants and agrees:
1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or
improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon
which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and
restrictions affecting the property.
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