HomeMy WebLinkAbout2004 - Deed of Trust - Le Tien / Nguyen Vui - 2004041600103220040416001032
Branch :WAK,User :HIGG
Alter Reeorthng Return To
COUNTRYWIDE HOME LOANS, INC.
MS SV -79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410 -0423
Assessor's Parcel or Account Number 797260 4425 05
Abbreviated Legal Description
PNT OF LOT 4, BLOCK 61, STATE ADD. TO CITY OF SEATTLE, NO 4
Order: 6407666 Title Officer: 1 Comm-nit: station la
(Include lot, block and plat or =tem towndup and range)
Pull legal description located on page 3
1S ustee
LS TITLE OF WASHINGTON
DEFINITIONS
Additional Grantees located on page
(Spam Above Thy Lute For Recording Data)
DEED OF TRUST
20040416001032.001
0006152487304004
(Doc ID II
MIN 1000157- 0003583813 -1
i..cc3.;.c.; st tip• trouts! of
FIDELITY NATIONAL TITLE
ordei# M224j —Z
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
11, 13, 18, 20 and 21 Certam rules regarding the usage of words used in this document are also provided in
Section 16
(A) "Security Instrument" means this document, which is dated APRIL 08, 2009 , together
with all Riders to this document
(B) "Borrower" is
TIEN Q LE, AND VU/ NGUYEN, HUSBAND AND WIFE
Borrower is the trustor under this Security Instrument
(C) "Lender" is
COUNTRYWIDE HOME LOANS, INC.
Lender is a CORPORATION
organized and existing under the laws of NEW YORK
WASHINGTON-Seigle Family -Fannie Man/Freddie Mae UNIFORM INSTRUMENT WITH MFRS
Page 1 at 11 Inlnab /
atic-eA(WA) (0012) 01 OHL (08IO2Xd) VMP MORTGAGE FORMS. (800)521 -7291 Ron 8048 it
CONVNA
I
RECFZIV O j
r •23991
l.. 1 • 3
COMMJO LT/
OEVELOPftat=WT
KING,WA
Document: TDD 2004.0416001032
tll i;j:
• 0 6 1 5 2 4 8 7 3 0 0 0 0 0 2 0 0 8 A•
Page 1 of 15 Printed on 2/13/2008 1:18:58 PM
, Branch :WAK,User :HIGG
RECEIVE
1
Order: 6407666 Title Officer: 1 Comm mu:
2004
DOC ID t: 0006152487304004
Lender's address is
4500 Park Granada, Calabasas, CA 91302 -1613
(D) "Trustee" is
LS TITLE OF WASHINGTON
2707 COLBY AVE SUITE 1118, EVERETT, WA 98201
(E) "MERS" is Mortgage Electronic Registration Systems, Inc MGRS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns MEW is the beneficiary under this
Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and
telephone number of P 0 Box 2026, Flint, MI 48501 -2026, tel (888) 679 -MEitS
(F) "Note" means the promissory note signed by Borrower and dated APRIL 08, 2004 The
Note states that Borrower owes Lender
ONE HUNDRED SIXTY ONE THOUSAND and 00 /100
Dollars (U S $ 161, 000 00 ) plus interest Borrower has promised to pay this debt In regular
Periodic Payments and to pay the debt in fu l not later than MAY 01, 2039
(G) " Property" means the property that is described below under the heading 'Transfer of Rights m the
Property "
(H) "Loan" means the debt evidenced by the Note, plus merest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrment, plus interest
(1) "Riders" means all Riders to this Security Instrument that are executed by Borrower The following
Riders are to be executed by Borrower [check box as applicable)'
Adjustable Rate Rider OCondommmm Rider Second Home Rider
El Balloon Rider C] Planned Unit Development Rider 1-4 Family Rider
0 VA Rider O Biweekly Payment Rider X Others) [specifyl
ARM
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non - appealable judicial opinions
(K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial Institution to debit or credit an
account Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers
(M) "Escrow items" means those items that are described in Section 3
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described m Section 5) for 0)
damage to, or destruction of the Property, (u) condemnation or other taking of all or any part of the Property,
(m) conveyance in her of condemnation, or (Iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (n) any amounts under Section 3 of this Security Instrument
(ty "RFSPA" means the Real Estate Settlement Procedures Act (12 U S C Section 2601 et seq) and Its
implementing regulation, Regulation X (24 CPR Part 35001 as they might be amended from time to time, or
any additional or successor legislation or regulation that governs the same subject matter As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan' even if the Loan does not qualify as a "tederaly related mortgage loan'
under RESPA
(It) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument IS MBRS (solely as nommee for Lender and Lender's successors
and assigns) and die successors and assigns of MFRS This Security Instrument secures to Lender (i) the
repayment of the Loan, and all renewals, extensions and modifications of the Note, and (n) the performance
of Bor rower's covenants and agreements under this Security Instrument and the Note For this purpose,
Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described
property located in the
COUNTY of KING
(Type of Recording httndienm) (Name ofReo d,,,g iunidic,oal
"MP 4A(WA) (0012) 01 CHL (08102) Pape 20111
COMMUNITY'
DEVELOPMENT
KING,WA
Document: TDD 2004.0416001032
kidials T L Att
Fenn 30481101
Page 2 of 15
JLtLiOU Lu
Printed on 2/13/2008 1:18:59 PM
, Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Comp—Tit: station la
DOC ID 8s 0006152487304004
LOT 4, EXCEPT THE NORTH 2 FEET THEREOF, BLOCK 61, STATE ADDITION TO IHL
CITY OF SEATTLE, NUMBER 4, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 17 OF PLATS, PAGE 78, RECORDS OF KING COUNTY, WASHINGTON; EXCEPT
THE WEST 5 FEET THEREOF CONDEMNED FOR STREET IN KING COUNTY SUPERIOR COURT
CAUSE NUMBER 132540, AS PROVIDED BY ORDINANCE NUMBER 38654 OF THE CITY OF
SEATTLE. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
which currently has the address of
9420 8TH AVE SW, SEATTLE
(SumetK iiyl
Washington 98106 ( "Property Address ")
(Zip Cede)
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also
be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the
'Property " Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom. MERS (as nomutcc for
Lender and Lender's successors and assigns) has the right to exercise any or all of those interests, including,
but not limited to, the right to foreclose and sell the Property, and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument
BORROWER COVENANTS that Borrower is lawftully seised of the estate hereby conveyed and has the
right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to any encumbrances of record
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non - uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
ProPertY
UNIFORM COVENANTS Borrower and Lender covenant and agree as follows
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note Borrower shall also pay funds for Escrow Items pursuant to
Section 3 Payments due under the Note and this Security Instmmian shall be made m U S currency
However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Seemty Instrument be made in one or more of the following forms, as selected by Lender
(a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an Institutiem whose deposits are insured by a federal agency, instrumentality, or
entity, or (d) Electronic Funds Transfer
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15 Lender
may return any payment or partial payment if the payment or partial payments are insufficient to bring the
Loan current Lender may accept any payment a partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on =applied
funds Lender may hold such =applied funds until Borrower makes payment to bang the Loan current If
Borrower does not do so within a reasonable period of time, Lander shall ether apply such finds or return
them to Borrower If not applied earlier, such funds will be applied to the outstanding principal balance under
the Note immediately prior to foreclosure No offset or claim which Borrower might have now or in the future
against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument
or perfoe nog the covenants and agreements secured by this Security Instrument
2.. Application of Payments or Proceeds. Except as otherwise described m this Section 2, all payments
accepted and applied by Lender shall be applied m the following order of priority (a) interest due under the
Note, (b) principal due under the Note, (c) amounts due under Section 3 Such payments shall be applied to
each Periodic Payment in the order m which It became due Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
RECEIVFn
®0- 6A(WA) (0012) 01 CHL (08102) Page 3 of 11
I"
Cpricis4UNtTY
IDEVELOPtiftENT
KING,WA
Document: TDD 2004.0416001032
hmsais_
Form X0481/01
Page 3 of 15
Printed on 2/13/2008 1:19:01 PM
Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Com'-- in:
DOC ID 6: 0006152987309009
late charge If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due voluntary prepayments shall be
applied first to any prepayment charges and then as described m the Note
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments
3. Funds lox Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for (a)
taxes and assessments and other items which can attain priority over dub Security Instrument as a hen or
encumbrance on the Property, (b) leasehold payments or ground rents on the Property, if any, (c) premiums
for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, if any, or
any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10 These items are called "Escrow Items " At origination or at any
tune during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees, and assessments shall be an Esu.ww Item
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section Borrower shall
pay Lender the Funds for Escrow Items unless Lender waives Bixrowefs obligation to pay the Funds for any
or all Escrow Items Lender may waive Borrower's obligation to pay to Lender Rinds for any or all Escrow
Items at any time Any such waiver may only be in writing In the event of such waiver, Borrower shall pay
directly, when and where payable, the amounts doe for any Escrow Items for which payment of Funds has
been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require Borrower's obligation to make such payments and to provide
receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
Instrument, as the phrase "covenant and agreement" is used in Section 9 If Borrower is obligated to pay
Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation. Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3
Lender may, at any time, collect and hold Finds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Home
Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA Lender shall not charge Borrower for holding and applying the Funds, annually analysing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable
Law permits Lender to make such a charge Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings
on the Funds. Borrower and Lender can agree in wntuig, however, that interest shall be paid on the Funds
Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA If there us a shortage of Funds had in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RBSPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage m accordance with RESPA, but m no more than 12 monthly
payments If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments
Upon payment m tall of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Panda held by Lender
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over tins Security Instrument, leasehold payments or ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if any To the extent that these
items are Escrow Items, Borrower shall pay them in the manner provided in Section 3
Borrower shall promptly discharge any hen which has pnonty over this Security Instrument unless
Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement, (b) contests the hen in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings arc concluded,
or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the hen to this
Security Instrument If Lender determines that any part of the Property is subject to a hen which can attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the hen Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set
forth above in this Section 4
ip',•r ' o'SPcI ED
(100.6A(WA) 10012) 01 CHL (08/02) Page 4 of tt
COMMUNITY
DEVELOPMENT
KING,WA
Document: TDD 2004.0416001032
Inbate
Form 3040 1ro1
Page 4 of 15
Station Id :EACA
Printed on 2/13/2008 1:19:02 PM
Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Comr —nt:
DOC ID t 0006152987304004
Lender may require Borrower to pay a one -time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property Insured against loss by fire, hazards included within the term 'extended coverage,' and any other
hazards including, but not hunted to, earthquakes and floods, for which Lender requires Insurance This
insurance shall be maintained m the amounts (including deductible levels) and for the periods that Lender
requires What Lender requires pursuant to the preceding sentences can change during the tern of the Loan
The insurance tamer providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exuwsed unreasonably Lender may tcquuc Bummer
to pay, in connection with this Loan, either (a) a one -tune charge for flood zone determmauon, certification
and tracking services, or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time retmppings or similar changes occur which reasonably might affect such
detemstnatron or certification Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower
If Borrower fails to maintain any of the coverages described above, Leader may obtain insurance
coverage, at Lender's option and Borrower's expense Lender is tinder no obligation to purchase any particular
type or amount of coverage Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously rn effect Borrower acknowledges
that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional
debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from
the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
and/or as an additional loss payee Lender shall have the right to hold the policies and renewal certificates If
Lender :mum, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee
In the event of loss, Borrower shall give prompt notice to the insurance carer and Lender Lender may
make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Leader, shall be
apphed to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened During such repair and restoration pinod, Lender shall have the nght to hold
such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has
been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender
may disburse proceeds for the repairs and restoration in a single payment or in a semis of progress payments
as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be
paid on such insurance proceeds, Lender shall not be required to pay Borrower any Interest or earnings on
such proceeds Fees for public adjusters, or otherdlurd parties, retained by Borrower shall not be paid out of
the insurance proceeds and shall be the sole obligation of Borrower If the restoration or repair is not
economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the
sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower
Such insurance proceeds shall be applied in the order provided for in Section 2
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters If Borrower does not respond within 30 days to a notice from Lender that the insurance
earner has offered to settle a clam, then Lender may negotiate and settle the claim The 30 day period will
begin when the nonce is given In either event, or if [.ender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds man amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all Insurance politics
covering the Property, insofar as such rights are applicable to the coverage of the Property Lender may use
the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then due
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist
which are beyond Borrower's control
7. Preservation, Maintenance and Protection of the Property; Inspections, Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property
Whether or not Borrower is residing in the Property, Borrower shall mamtam the Property m order to prevent
RECEIVE - 6A(WAI(0012)01 CHL(08102)
i,...,.1.i. 1
COMMUNiTY
DEVELOPMENT
KING,WA
Document: TDD 2004.0416001032
Mats -774
Pape 5 of 11 Forms a trot
Page 5 of 15
•
JLeLIUlt lu .Dttt.tt
Printed on 2/13/2008 1:19:04 PM
, Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Comp --^tit:
DOC ID 3. 0006152487304004
the Property from deteriorating or decreasing in value due to its condition Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Piopcity ii
damaged to avoid further deterioration or damage If insurance or condemnation proceeds are paid m
connection with damage to or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes Lender may disburse proceeds
for the repairs and restoration in a single payment or m a series of progress payments as the work is
completed If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration
Lender or its agent may make reasonable entries upon and inspections of the Property If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrowers knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security lnsuumcni,
including protecting and/or assessing the value of the Property, and securing and/or repairing the Property
Lender's actions can include, but are not limited to (a) paying any sums secured by a lien which has priority
over this Security lnstnmient, (b) appeanng in court, and (c) paying reasonable attorneys' fees to protect its
interest in the Property and/or rights trader this Security Insutmient, including Its secured position in a
bankruptcy proceeding Securing the Property includes, but IS not limited to, entering the Property to make
repairs, change locks, replace or board up doors and windows, dram water from pipes, eliminate budding or
other code violations or dangerous conditions, and have utilities turned on or off Although Lender may take
action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so It
is agreed that Lender mcurs no liability for not taking any or all actions authorized under tins Section 9
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease
If Borrower acquires fee title to the Property, the leasehold and the fee tale shall not merge unless Lender
agrees to the merger in writing
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If. for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected
by Lender If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall conunuc
to pay to Lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect Lender will accept, use and retain these payments as a non - refundable loss reserve m
lieu of Mortgage Insurance Such loss reserve shall be non - refundable, notwithstanding the fact that the Loan
is ultimately paid in toll, and Lender shall not be required to pay Borrower any interest or earnings on such
loss reserve Leader can no longer require loss reserve payments if Mortgage. Insurance coverage On the
amount and for the penod that Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non - refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable
Law Nothing m this Section 10 affects Borrower's obligation to pay interest at the rate provided m the Note
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance
RECE!VE•A - aalWA) 4 01 CHL(aam2)
I.' r
COMMilNtT::
OFVt' -CT >' ' -T
KING,WA
Document: TDD 2004.0416001032
Page a of 11
truaats
30481/01
Page 6 of 15
JU1110Il lU „Zit s
Printed on 2/13/2008 1:19:05 PM
, Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Comr'"nt:
DOC ID t• 0006152987309009
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other patties that share or modify their risk, or reduce losses These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements These agreements may require the mortgage insurer to make payments using any source of hinds
that the mortgage insurer may have available (which may include fiends obtained from Mortgage Insurance
pry)
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsnrer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses If such agreement provides that an
affiliate of Lender takes a share of the insurer's nak in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance " Further
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage insurance, and they will not entitle Borrower to any rethnd.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the.
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
Include the ngbt to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. AU Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly Lender may pay for the repairs and restoration m
a single disbursement or m a serves of progress payments as the work is completed Unless an agreement is
made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Lender shall
not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds If the restoration or
repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall
be applied to the sums secured by this Security Instrument, whether or not then due, with the eveass, if any,
paid to Borrower Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instnmsent, whether or not then due, with the excess, if
any, paid to Borrower
In the event of a partial taking, destruction, or loss m value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than
the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction,
or loss in value, unless Borrower and Lender otherwise agree in wnung, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction. or loss
in value Any balance shall be paid to Borrower
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of
the sums secured immediately before the partial taking, destruction, or loss m value, unless Borrower and
Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this
Security Instrument whether or not the sums are then due
If the Property is abandoned by Borrower, or It after nonce by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fads to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due 'Opposing Party' means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds
Borrower shall be in default if any action or proceeding, whether mil or erlmmnal, is begun that, in
Lenders Judgment, could result in forfeiture of the Property or other raincoat impairment of Lender's interest
in the Property or nghts under this Security Instrument Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided m Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's Judgment, precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument The proceeds of any award or claim for
damages that are attributable to the impairment of Lenders Interest in the Property ace hereby assigned and
shall be paid to Lender
- 6A(WA) (0012) 01 CHL (08102)
'• 1 ^ '1
• i 1
COtvmisru.)NITY
DEVELOPhpki'IT
KING,WA
Document: TDD 2004.0416001032
Page 7 of 11
traUata "' i— y
Fromm §pas 1/o1
Page 7 of 15
31.11U011 1U .Lntls.n
Printed on 2/13/2008 1:19:06 PM
, Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Com nt:
DOC ID 11s 0006152487304009
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied m
the order provided form Section 2
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
Successors in Interest of Borrower Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security instrument by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower Any forbearance by Lender in exercising any right or remedy mcludmg,
without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of
Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any
right or remedy
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer') (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-thrower's Interest in the Property under the terms of this
Security Instrument. (b) is not personally obligated to pay the sums secured by this Security Instnuent, and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signers
consent
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in wntmg, and is approved by Lender shall obtain all of Borrower's
rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations
and liability under thus Security Instrument unless Lender agrees to such release in writing The covenants and
agreements of this Security Instrument shall bind (except as provided m Section 20) and benefit the successors
and assigns of Lender
14. Loan Charges, Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest m the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation foes In
regard to any other fees, the absence of express authority in thus Security Instrument to charge a specific fee to
Borrower shall not be construed as a prohibition on the charging of such fee Lender may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law
If the Loan is subject to a law which sets maximum loan charges, and that law is finally mtcmlumen so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits will
be refunded to Borrower Lender may choose to make this refired by reducing the principal owed under the
Note or by making a direct payment to Borrower If a refund reduces principal, the reduction will be treated as
a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for
under the Note) Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower ought have arising out of such overcharge
15. Notices. All notices given by Bower or Lender in connection with this Security Instrument must
be in writing Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if seat by other means Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender Borrower shall promptly notify
Lender of Borrower's change of address If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure There may be
only one designated notice address under this Security Instrument at any one time Any nonce to Lender shall
be given by delivering it or by mailing It by first class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower Any notice m connection with dna Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender If any notice required by
thus Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction m which the Property is located All rights and obligations
contained in this Security instrument arc subject to any requirements and h ewn:ions of Applicable Law
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but
such silence shall not be construed as a prohibition against agreement by contract In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision •
As used in this Security Instrument (a) words of the . masculine gender shall mean and include
corresponding neuter words or words of the femme gender, (b) words in the singular shall mean and include
the plural and vice versa, and (c) the word ' may" gives sole discretion without any obligation to take any
action .�
throats
n ',. E1 e , A) (0012) 01 CHL (08(04) Pages of 11 Form MU //01
t 1bfivi iAtfT
KING,WA
Document: TDD 2004.0416001032
Page 8 of 15
JLitLIV11 to
Printed on 2/13/2008 1:19:07 PM
Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Coma i t:
DOC ID is 0006152487309009
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18
"Interest in the Property" means any legal or beneficial interest in the Property, intruding, but not limited to,
those beneficial interests transferred m a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any pad of the Property or any Interest in the Property is sold or transferred (w it Borrower is not
a natural person and a beneficial interest m Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument
However, this option shall not be exercised by Lender tf such exercise is prohibited by Applicable Law
If Lender exercises this option, Lender shall give Borrower notice of acceleration The nonce shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Inswment If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further nonce or demand on Borrower
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time poor to the
earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security
Instrument, (b) such other period as Applicable Law might specify for the termination of Borrower's right to
reinstate, or (c) entry of a Judgment enforcing this Security Instrument Those conditions are that Borrower
(a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred, (b) cures any default of any other covenants or agreements, (c) pays all expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees,
property inspection and valuation fees, and other fees incurred for the purpose of protecting Lendela interest
in the Property and rights under this Security Instrument, and (d) takes such action as Lender may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged Lender
may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
as selected by Lender (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashier's
check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality or entity, or (d) Electronic Funds Transfer Upon reinstatement by Borrower, this Security
Instrument and obligations secured hereby shall remain nifty effective as if no acceleration had occurred
However, this right to reinstate shall not apply in the case of acceleration under Section 18
20. Sale of Note; Change of Loan Servicer; Notice of Gnevanee. The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more tunes without prior nonce to Borrower
A sale might result in a change in the entity (known as the "Loan Semen") that collects Periodic Payments
due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under
the Note, this Security Instrument, and Applicable Law Them also might be one or most changes of the Loan
Servicer unrelated to a sale of the Note If there is a change of the Loan Servicer, Borrower will be given
written notice of the change which will state the name and address of the new Loan Servicer, the address to
which payments should be made and any other information RESPA requires in connection with a once of
transfer of servicing If the Note us sold and hereafter the Loan is serviced by a Loan Service,. otter than the
purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer
or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise
provided by the Note purchaser
Neither Borrower nor Lender may commence, tom, or be Joined to any ordinal action (as ether an
individual litigant or the member of a class) that arses from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of. a any duty owed by mason of,
this Security Instrument, until such Borrower or Leader has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such nonce to take corrective action If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph The notice of acceleration and opportunity to are given to Borrower pursuant
to Section 22 and the nonce of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the nonce and opportunity to take corrective action provisions of this Section 20
21. Hazardous Substance& As used in this Section 21 (a) 'Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances gasoline, kerosene, other flammable or toxic petroleum products; toxic pesticides and herbicides,
volatile sol vents, materials containing asbestos or formaldehyde, and radioactive materials, (b)
"Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safely or environmental protection; (c) „Environmental Cleanup" includes any response amen,
remedial action, or removal action, as defined in Environmental ental Law, and (d) an "Environmental Condition'
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property Borrower shall not do, nor
allow anyone else to do, anything affecting the Property (a) that s in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
tnemta ,O-
Fond 3048 Val
t y�' .8A(WA) (0012) 01
RE,CEIVEb
L 1 u
t HL (014/02)
Page 9 of 11
Ji4UU11 lU .1.rt■•ii
COMMUNITY
d-Sj ENT Page 9 of 15 Printed on 2/13/2008 1:19:09 PM
Document: TDD 2004.0416001032
• Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Conunnt:
DOC ID 9s 0006152467304009
Substance, creates a condition that adversely affects the value of the Property The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances
that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(mcludmg, but not binned W. hazardous substances in consumer products)
Borrower shall promptly give Lender wntten notice of (a) any investigation, loam, demand lawsuit or
other action by any governmental or regulatory agency or pnvate party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge. (b) any Envronmental
Condition, including but not honied to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
winch adversely affects the value of the Property If Borrower learns, or is notified by any governmental or
regulatory authonty, or any private party, that any removal or other temediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law Nothing heroin shall create any obligation on Lander for an Envuonme vital Cleanup
NON- UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not pnor to
acceleration under Section 18 unless Apphcable Law provides otherwise). The nonce shall speedy. (A)
the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the
notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default
on or before the date specified in the notice may result in acceleration of the sums secured by this
Security Instrument and sale of the Property at public auction at a date not less than 120 days in the
future. The notice shall further inform Borrower of the right to reinstate after adederation, the right to
bring a court action to assert the non - existence of a default or any other defense of Borrower to
acceleration and sale, and any other matters required to be included in the notice by Applicable Law. If
the default is not cured on or before the date specified in the notice, Lender at its option, may require
htmtediate payment in full of all Rams secured by this Security bos4mmat without further demand and
may invoke the power of sale and/or any other remedies permitted by Applicable Law. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, reasonable attorneys' fees and costs of bile evidence.
If L ender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of
an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall
take such action regarding notice of sale and shall give such notices to Borrower and to other persons as
Applicable Law may require. After the tune required by Applicable Law and alter publication of the
notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the
highest bidder at the time and place and under the terms designated in the notice of sale in one or more
parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or
periods permitted by Applicable Law by public announcement at the time and place fixed in the notice
dude. Lender or its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant
or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the
truth of the statements made therein. ruster, shall apply the proceeds of the sale in the following order:
(a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b)
to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally
entitled to it or to the dark of the superior court of the county in which the sale took place.
23 Reconveyance. Upon payment of all sums secured by the Security Instrument, Lender shall request
Trustee to reconvey the Property and shall surrender this Seamy Instrument and all notes evtdeneng debt
secured by this Securty Instrument to Trustee Trustee shall reconvey the Property without warranty to the
person or pew legally entitle) to It Such person or persons shall pay any recordation costs and the
Trustee's fee for preparmg the reconveyance
24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a
successor trustee to any Trustee appointed hereunder who has ceased to act Without conveyance of the
Property, the successor trustee shall succeed to all the title, power and dunes conferred upon Trustee herein
and by Applicable Law
25. Use of Property. The Property is not used principally for agricultural purposes
26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any
action or proceeding to construe or enforce any term of this Security instrument The term "attorneys' fees,`
whenever used in the Security Instrument, shall Include without limitation attorneys' fee incurred by Leader
in any bankruptcy proceeding or on appeal
ORAL AGREEMENTS OR ORAL COMM TMFNTS TO LOAN MONEY, EXTEND
CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT
ENFORCEABLE UNDER WASHINGTON LAW.
(! -liA(WA) (0012) 01 CHL (08102)
RECEIVE►
I •
Document: TDD 2004.0416001032
tnroams TL
Page 10M 11 Pone 30081/01
Page 10 of 15
�l uurtn1 1.&.Ll1V1
Printed on 2/13/2008 1:19:10 PM
. Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Com °nt: Station Id :EACH
DOC ID #: 0006152487304004
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it
Witnesses
STATE OF WASHINGTON
County of ,krNYs'
On this day personally appeared before me
(Seal)
T IEN Q LE � -Sommer
VUI NGUYEN
(Seal)
NON - Borrower
(Seal)
-Borrower
(Seat)
- Borrower
77t:iti Q GE Aw10
V trt AV-0-Y0-1
to me known to be the dual(s) described m and who executed the withi and foregoing mstramcnt, and
acknowledged that he/she/ signed the same as his/her/44 free and v tag act and deed, for the uses
46";"
rl,,y 4)2.0»7
and purposes therein mentioned %%%%%%%%„
GNEN under my hand and o fB lee aithfdQ(/ � 11
yo sioiv�.ti°j. h
OTARR ;
i '8 r
PabhCi and far
% PUBllc, r0r
.50�ttt
Orr
%%%% Op wAs ".
RECEIVE v,si 0...., (0012)01 CHt.(08/02)
l
1
KING,WA
Document: TDD 2004.0416001032
ocy
rmdmag u se tee
Page 11 of 11 Form 3048 trot
Page 11 of 15
Printed on 2/13/2008 1:19:11 PM
Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Com" — nt: station la :ntu,ii
[Spate Above Um Erne For Reeordieg Data)
FIXED /ADJUSTABLE RATE RIDER
(LIBOR Twelve Month Index - Rate Caps)
After Recording Return To
COUNTRYWIDE HOME LOANS, INC.
MS SV -79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410 -0423
PARCEL ID #:
797260 4425 05
By
0006152487304004
(Doc ID #1
THIS PIXED /ADJUSTABLE RATE RIDER is made this EIGHTH day of
APRIL, 2004 , and is incorporated mto and shall be deemed to amend and supplement the
Mortgage, Deed of Trust, or Security Deed (the 'Security Instrument") of the same date given by the
undersigned ('Borrower") to secure Borrower's Fixed/Adjustable Rate Note (the 'Note ") to
COUNTRYWIDE HOME LOANS, INC.
('L ender") of the same date and covering the property described in the Security Instrument and located at
9420 8TH AVE SW
SEATTLE, WA 98106
mremty Addmw
COW
• ARM Fixed Peilod LBOR Rider
211652.70( (04101)(d)
fill
2 9 9 9 •
RECEIVED
t • I. 1 i
CC?
DLVLLO,"tat ray
KING,WA
Document: TDD 2004.0416001032
Pass 1 of 4
111111111 11111111111
•081524873000002U862•
Page 12 of 15
Printed on 2/13/2008 1:19:13 PM
Branch :WAK,User :HIGG
Order: 6407666 Title Officer: 1 Comr�nt:
DOC ID #: 0006152487304004
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE
TO AN ADJUSTABLE INTEREST RATE. THE NOTE UMITS THE AMOUNT
BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME
AND THE MAXIMUM RATE BORROWER MUST PAY
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows
A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an venal fixed interest rate of 4.875 % The Note also provides
for change in the nutlet fixed rate to an adjustable interest rate, as follows
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the
first day of MAY, 2011 . and the adjustable mteest rate 1 win
pay may change on that day every 12th month thereafter The date on which my initial fixed interest rate
changes to an adjustable interest rate, and each date on which my adjustable interest rate could change, is
called a 'Change Date "
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index The "Index'
is the average of interbank offered rates for twelve month U S dollar - denominated deposits in the London
market, as published in the The Walt Sweet Journal The most recent Index figure available as of the first
business day of the month immediately preceding the month in which the Change Date occurs is called the
"Current Index "
If the Index is no longer available, the Note Holder will choose a new index that is based upon
comparable information The Note Holder will give me notice of this choice
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TWO & ONE— QUARTER percentage points ( 2.250 %) to the Current Index
The Note Holder will then round the result of this addition to the nearest one -eighth of one percentage point
(0125 %) Subject to the limns stated in Section 4(D) below, this rounded amount will be my new interest rate
until the next Change Date
The Note Holder will then determine the amount of the monthly payment that would be sufficient to
repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my
new interest rate in substantially equal payments The result of this calculation will be the new amount of my
monthly payment
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than
9.875 % or less than 2.250 % Thereafter, my adjustable mteieat rate will never
be increased or decreased on any single Change Date by more than two percentage points from the rate of
interest I have been paying for the preceding 12 months. My interest rate will never be greater than
9.875 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date I will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an
adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any
change The notice will include the amount of my monthly payment, any information required by law to be
given to me and also the title and telephone number of a person who will answer any question I may have
regarding the notice
coney
• ARM Fixed Period LIBOR Rider
2u&52 -xx (04101)
RECEIVED
l.• 1 ' '
I
CC • T ;
Cob:_.
KING,WA
Document: TDD 2004.0416001032
Page 2 of
Page 13 of 15
traoais ZL.�
station to :r.Ak..rs
Printed on 2/13/2008 1:19:14 PM
Branch :WAK,User :HIGG
Order: 6407666 Title Officer: I uomrnent:
DOC ID #: 0006152487304004
B. TRANSFER OF TEE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
1 Until Borrower's initial fixed interest rate changes to an adjustable Interest rate under the terms stated
in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not
limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment
sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a
future date to a purchaser
If all or any part of the Property or any Interest in the Properly is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's pnor written Gonsent, Lender may require immediate payment in full of all sums sumed
by this Security Instrument However, this option shall not be exercised by Lender if such exercise
is prohibited by Applicable Law
If Lender exercises this option, Lender shall give Borrower notice of acceleration The nonce
shall provide a period of not less than 30 days from the date the notice is given in accordance with
Section 15 within which Borrower must pay all sums secured by this Security Instrument If
Borrower fails to pay these sums prior to the expiration of this period, Lender may mvoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower
2 When Borrower's antral fixed interest rate changes to an adjustable interest rate under the
terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in
Section B I above shall then cease to be in effect, and the provisions of Unto= Covenant 18 of the
Security Instrument shall be amended to read as follows
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not
limited to, those beneficial mterests transferred m a bond for deed, contract for deed, installment
sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a
future date to a purchaser
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold a uansfencd) wnhoui
Lender's prior written consent, Lender may require immediate payment in Poll of all sums secured
by this Security Instrument However, this option shall not be exercised by Lender if such exercise
is prohibited by Applicable Law Lender also shall not exercise this option if (a) Borrower causes
to be submitted to Lender Information required by Lender to evaluate the intended transferee as if a
new loan were being made to the transferee, and (b) Lender reasonably determines that Lender's
security will not be impaired by the loan assumption and that the risk of a breath of any covenant or
agreement m this Security Instrument is acceptable to Lender
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption Lender also may require the transferee to sign
an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all
the promises and agreements made in the Note and in this Secunty Instrument Borrower will
continue to be obligated under the Note and this Security Instrument unless Lender releases
Borrower m writing
If Lender exercises the option to require immediate payment in full, Lander shall give
Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the
date the notice us given in accordance with Section 15 within which Borrower must pay all sums
secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of
this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower
CONV
• ARM Feed Penod UDCR Ruder
2U65240( (Door)
RECEIVE!
r" 1 1 .. l
KING;W1A
Document: TDD 2004.0416001032
Page 14 of 15
utuIavii .....
Printed on 2/13/2008 1:19:15 PM
Branch :WAK,User :HIGG
Order: 6407666 Title Officer: l Com*- -"'t: Station Id :BAUA
LOU4U4I
DOC ID #: 0006152487304004
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Fixed/Adjustable Rate Rider
TIEN Q. LE
(Seal)
-meow=
(Seal)
- Borrower
(Seal)
-Borrower
CONY
• ARM Fled Pend LIBOR Rider
2U65240( (04/01)
RECEIVED
'.t 1 .3
&M�d gr
KING, WA
Document: TDD 2004.0416001032
Paaa 4 at4
(Seal)
- Banower
Page 15 of 15 Printed on 2/13/2008 1:19:16 PM