HomeMy WebLinkAbout2004 - Deed of Trust - Le Tien / Nguyen Vui - 20040526001422Branch Order: 6407666 Title Officer:
!RECEIVE!)
20040526001422
KING,WA
Document: TDD 2004.0526001422
After Recording Return To
COUNTRYWIDE HOME LOANS, INC.
MS SV -79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410 -0423
Assessoi'a Parcel or Account N wnber. 797260- 4425 -05
Abbreviated Legal Descnphon.
PEI OF LOT 4, BLOCK 61, STATE ADD. TO CITY OF SEATTLE, NO.4
[bseloda lot, block and pip or o ctton, township sad awl
Pull legal description located on page 2 INSURED BY
FIDELITY NATIONALTITLE
W0lS 4
Trustee.
LS TITLE OF WASHINGTON
[Spore Above The Lure For RecaadwgData]
DEED OF TRUST
(Line of CteditTrstDeed)
THIS DEBD OF TRUST, dated MAY 17, 2004 0S between
TIEN LE, AND VUI NGUYEN, HUSBAND AND WIFE
20040526001422.001
0006338604505004
(Doc ID 4l
residing at
9420 8TH AVENUE SW, SEATTLE, WA 98111
the person or persons slgnmg as "Grantor(a)' below and hereinafter referred to as'we' or Its' and
LS TITLE OF WASHINGTON
as trustee and hereinafter referred to as the 'Trustee," with an address at
2707 COLBY AVE SUITE 1118, EVERETT, WA 98201
• for the benefit of
COUNTRYWIDE HOME LOANS, INC.
with an address at
4500 Park Granada, Calabasas, CA 91302 -1613
and hereinafter referred to as' you" or the "Beneficiary."
PRFMISSS' In consrdetatton of the loan hereinafter described, we hereby mortgage, grant and convey m
the Trustee the prenases located at.
9420 8TH AVENUE SW, SEATTLE
t31m 4 Mtom masA
KING Washington 98106 (the'Premrses')
Cannty 2�
• HELOC-Doed of Trust
• 2C519-WA (0803Xd) Page 1 o15
.( t . mats ? :.-
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Order: 6407666 Title Officer: 1 Comr---It: Station Id :EACA
20040526001422.002
DOC ID 4: 0006338604505004
and fbrthu described as
LOT 4, EXCEPT THE NORTH 2 FEET THEREOF, BLOCK 61, STATE ADDITION TO THE
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 CASE NUMBER
132540, AS PROVIDED BY ORDINANCE NUMBER 28654 OF THE CITY OF SEATTLE.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
The Premises includes all buildings and other Improvements now or in the fhture on the Premises and all rights
and interests winch derive from our ownership, use or possession of the Premises and all appurtenances thereto
The Premises are not used principally for agricultural or farmmg purposes
TERM. The maximum term of the Note is 25 years, including any renewals or extssions thereof
LOAN: The Deed of Trost will secure your loan in the principal amount of S 90, 250.00 or so much
thereof as may be advanced and readvanced from tune to time to
TIEN LE
the Borower(s) under the Home Equity Credit Line Agreement And Disclosure Statement (the "Note') dated
HAY 17, 2009 , plus Interest and costs, late charges and all other charges related to the loan, all
of which sums are repayable according to the Note This Deed of Trust will also secure the performance of all
of the promises and agreements made by us and each Borrower and Co -Signer in the Note, all of our promises
and agreements in this Deed of Trust, any extension, renewals, amendments, supplements and other
modifications of the Note, and any amounts advanced by you under the tams of the section of this Deed of
Trust entitled 'Our Authority To You' Loans under the Note may be made, repaid and remade from time to
time in accordance with the terms of the Note and subject to the Credit Lmut set forth in the Note
OWNERSHIP. We are the sole owners) of the Premises We have the legal right to mortgage, grant and convey
the Premises to the Trustee
RECERV n
COWiit6J.v T .
ROI €6911-raa 411
BORROWER'S IMPORTANT OBIIGATIONS.
(a) PAYMENT AND PERFORMANCE. We will pay to you all amounts secured by this Deed of Trost as
they become due, and shall strictly perform our obligations
(b) TAXES: We will pay all real estate taxes, assessments, water charges and sewer rents relating to the
Premises when they become due We will not claim any credit on, or make deduction from, the loan under the
Note because we pay these taxes and charges We will provide you with proof of payment upon request.
(c) MAINTENANCE. We will maintain the buildmg(s) on the Premises in good condition. We will not
make major changes in the bwldmg(s) except for normal repairs We will not tear down any of the butldmg(s)
on the Premises without first getting your consent. We will not conduct or penult any nuisance or waste on or to
the Prenuses. We will not use the Premises Illegally If this Deed of Trust is on a unit in a condommtttm or a
planned unit development, we shall perform all of our obligations under the declaration or covenants creating or
governing the condominium or planned unit development, the by -laws and regulations of the condominium or
planned unit development and constituent documents
(d) INSURANCE. We will keep the building(s) on the Premises insured at all times against loss by fire,
flood and any other hazards you may specify. We may choose the insurance company, but our choice is subject
to your reasonable approval The policies must be for at least the amounts and the time periods that you specify
We will deliver to you upon your request the policies or other proof of the Insurance. The policies most name
you as 'mortgagee° and Ross- payee' so that you will receive payment on all romance claims, to the extent of
your interest tinder this Deed of Trust, before we do. The insurance policies must also provide that you be given
• HELM . Deed at Trust
2C519-WA (06/03) Pa9e 2 d a
KING,WA
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Order: 6407666 Title Officer: 1 Comrt: station la :tAt.,H
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not less than 10 days prior written notice of any cancellation or reduction in coverage, for any reason Upon
request, we shall deliver the policies, certificates or other evidence of insurance to you. In the event of loss or
damage to the Premises, we will immediately notify you in writing and file a proof of loss with the insurer. You
may file a proof of loss on our behalf if we fail or refuse to do so. You may also sign our name to any check,
draft or other order for the payment of insurance proceeds in the event of loss or damage to the Premises If you
receive payment of a cl aim, you will have the right to choose to use the money either to repair the Premises or to
reduce the amount owing on the Note.
(e) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or
consequential, in connection with any condemnation or other taking of the Premises, or part thereof, or for
conveyance in lien of condemnation, all of which shall be paid to you, subject to the terms of any Prior Deed of
Trust.
(f) GOVERNMENTAL REQUIREMENTS. We will comply with all laws, ordinances and regulations
applicable to the use or occupancy of the P�_�s.
(g) SECURrrY INTEREST. We will join with you in signing and filing documents and, at our expense, in
doing whatever you believe rs necessary to perfect and continue the perfection of your hen and security interest
in the Premises
(h) OUR AUTHORITY TO YOU If we fail to perform our obligations under this Deed of Trust, you
may, if you choose, perform our obligations and pay such costs and expenses You will add the amounts you
advance to the sums owing on the Note, on which you will charge interest at the Interest rate set forth in the
Note If, for example, we fail to honor our promises to maintain insurance in effect, or to pay filing fees, taxes
or the costs necessary to keep the Premises in good condition and repair or to perform any of our other
agreements with you, you may, if you choose, advance any sums to satisfy any of our agreements with you and
charge us interest on such advances at the interest rate set forth in the Note This Deed of Trust secures all such
advances Your payments on our behalf will not cure our failure to perform our promises in this Deed of Trust.
Any replacement insurance that you obtain to cover loss or damages to the Premises may be limited to the
amount owing on the Note plus the amount of any Prior Deeds of Trust.
(i) PRIOR DEED OF TRUST. If the provisions of this paragraph are completed, this Deed of Trust is
subject and subordinate to a prior deed of trust dated and given by us for the
benefit of
COUNTRYWIDE HOME LOANS, INC.
as beneficiary, in the anginal amount of S 0.00 (the "Pno Deed of Trust") We shall not
increase, amend or modify the Prior Deed of Trust without your prior written consent and shall upon receipt of
any written notice from the holder of the Prior Deed of Trust promptly deliver a copy of such notice to you. We
shall pay and perform all of our obligations under the Prior Deed of Trust as and when required under the Prior
Deed of Trost
0) HAZARDOUS SUBSTANCES" We shall not cause or penult the presence, use. disposal, storage, or
release of any Hazardous Substances on or in the Premises We shall not do, nor allow anyone else to do,
anything affecting the Premises that is to violation of any Environmental Law. The preceding two sentences
shall not apply to the presence, use, or storage on the Premises of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and to maintenance of the Premises. As
used in this paragraph, "Hazardous Substances' are those substances defined as tome or hazardous substances
by Environmental Law and the following substances' gasoline, kerosene, other flammable or toxic petroleum
products, tonic pesticides and herbicides, volatile sol vents, materials containing asbestos or formaldehyde, and
radioactive materials. As used in this paragraph, 'Environmental law' means federal laws and laws of the
jurisdiction where the Premises am located that relate to health, safety or environmental protection
(k) SALE OF PREMISES We will not sell, transfer ownership of, mortgage or otherwise dispose of our
interest in the Premises, in whole or m part, or pe rut any other ben or claim against the Premises without your
prior written consent
(I) INSPECTION: We will permit you to Inspect the Premises at any reasonable time
NO LOSS OF RIGHTS: The Note and this Deed of Trust may be negotiated or assigned by you without
releasing us or the Premises. You may add or release any person or property obligated under the Note and this
Decd of Trust without losing your rights in the Premises
DEFAULT: Except as may be prohibited by applicable law, and subject to any advance notice and cure period
if required by applicable law, if any event or condition described in Paragraph 12.A of the Note occurs, the
Trustee may foreclose upon this Deed of Trust by notice and sale or you may foreclose judicially, in either case
m accordance with and to the extent provided by law You may bid at any public sale on all or any potion of
the property. In addition, you or the Trustee may, in accordance with applicable law. (i) enter on and take
possession of the Premises; (n) collect the rental payments, including overdue rental payments, directly from
tenants, (in) manage the Premises, and (iv) sign, cancel and change leases We agree that the interest rate set
u O E DSO its a GV EZG6'I WA (eDale )° Tivat Pally a of s At' Mats
KING,WA
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Order: 6407666 Title Officer: 1 Com*-[t: Station Id :MCA
20040626001422.004
DOC ID 4: 0006338604505004
forth in the Note will coutine before and after a default, entry of a judgment and foreclosure or pubhc sale In
addition, you shall be entitled to collect all reasonable fees and costs actually incurred by you in proceeding to
foreclosure or to public sale, including. but not homed to, trustee's fees, reasonable attorneys fees (whether or
not there is a)odicial proceeding) and costs of documentary evidence, abstracts and title reports
ASSIGNMENT OP RENTS, APPOINTMENT OP RECEIVER* As additional security, we assign to you the
rents of the Premises You or a receiver appointed by the courts shall be entitled to enter upon, take possession
of and manage the Premises and collect the rents of the Premises including those past due
WAIVERS' To the extent permitted by applicable law, we waive and release any error or defects in proceedings
to enforce this Deed of Trost and hereby waive the benefit of any present or future laws providing for stay of
execution, extension of time, exemption from attachment, levy and sale and homestead exemption
BINDING EFFECT Each of us shall be fully responsible for all of the promises and agreements in this Deed of
Trost Until the Note has been paid m full and your obligation to make further advances under the Note has
been terminated, the provisions of this Deed of Trust will be binding on us, our legal representatives, our heirs
and all More owners of the Premises This Deed of Trust is for your benefit and for the benefit of anyone to
whom you may assign it Upon payment in Hill of all amounts owing to you under the Note and this Deed of
Trost, and provided any obligation to make further advances under the Note has ter.n,nat d this Deed of Thist
NOTICE Except for any notice required under applicable law to be given in another manner. (a) any notice to
us provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by regular first
class mad addressed to us at the last address appearing m your records or at such other address as we may
designate by notice to you as provided herein, and (b) any notice to you shall be given by certified mail, return
receipt requested, to your address at
COUNTRYWIDE HOME LOANS, INC.
4500 Park Granada, Calabasas, CA 91302 -1613
or to such other address as you may designate by notice to us. Any notice provided for in this Deed of Trust
shall be deemed to have been given to us or you when given in the manner designated herein.
RELEASE Upon payment of all sums secured by this Deed of Trust and provided your obligation to make
further advances under the Note has terminated, the Trustee shall discharge this Deed of Trust without charge to
us, except that we shall pay any fees for recording of a rcconveyance of this Deed of Trust
SEVERABII1TY: If any provision in this Deed of Trust is held invalid or unenforceable, the remaining
provisions shall continue in full force and effect
GENERAL' You or the Trustee can waive or delay enforcing any of your rights under this Deed of Trust
without losing them. Any waiver by you of any provisions of this Deed of Trust will not be a waiver of that or
any other provision on any other occasion.
SUBSTITUTE TRUSTER Beneficiary may. from time to tame, appoint a successor trustee by an instrument
executed and acknowledged by Beneficiary and recorded in the county in which this Deed of Trost is recorded,
and upon such recordation the successor trustee shall become vested with the same powers, rights, duties and
authority of the Trustee with the same effect as if originally made Trustee hereunder.
MERGER: There shall be no merger of the interest or estate created by this Deed of Trust with any other estate
or interest in the Premises at any tune held by you or for your benefit without your written consent
ORAL AGREEMENTS OR ORAL COMMITMENT TO LOAN MONEY, EXTEND CREDIT, OR TO
FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER
WASHINGTON LAW.
6"'> E C E E W" • Dead of Trust
t I
2c519 -WA (onus)
e . I
COithidiJNIT't'
DEVELOPflogOT
KING,WA
Document: TDD 2004.0526001422
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Order: 6407666 Title Officer: 1 Comr nt:
20040526001422.005
DOC ID t: 0006338604505004
THIS DEED OF TRUST has been signed by each of us tinder seal on the date first above written.
STATE OF WASHINGTON
County of AfP
On Una day Personally appeared before me 7, 7E,0 447
(SEAL)
Gana
Grantor
J
to me known to be the individual • described in and who ex
and acknowledged that THEY a d' me as 7,7/ for the uses and purposes therein menge di). N.G(I r
GIVEN under my hand and offi
s� OSAAY
My Appointment Expires on
RECEIVED
• HEWC- Deed of Trust
t r 2C519•WA (96/03)
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COMMUNJTY
DEVELOPMENT
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(SEAL)
(SEA-)
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and foregoing mstrament,
voluntary act and deed.
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44 OF w
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State of Washington, residing at
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