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HomeMy WebLinkAbout2016 - Deed of Trust - Segale Properties LLC - 20160114000141 Return Address City Clerk 20160114000141 City of Tukwila '6200 Southcenter Boulevard PAGEI001 Co 005 T 78.00 Tukwila, Washington 98188 01/14/2016 COUNTY, WA8 Document Title(s) (or transactions contained therein): Deed of Trust Reference Number(s) of Documents assigned or released: N/A (on page _ of documents(s)) Grantor(s) (Last name first, then first name and initials): SEGALE PROPERTIES LLC Grantee(s) (Last name first, then first name and initials): CITY OF TUKWILA Legal description (abbreviated: i.e. lot, block, plat or section, township, range) PTN. E 1/2 of SEC 35, TWN 23N RGE 4E Full legal is on page 4 of document. Assessor's Property Tax Parcel/Account Number(s): 3523049115 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 hereinabove 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 the 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 Trustee 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 Grantor and 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 sell 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 or Trust; and(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 acquitted thereafter, Trustee's deed shall recite the facts showing that the sale was conducted to compliance with all the requirements of law and 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 encumbrances 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; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 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 an action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 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 the holder and owner of the note secured hereby,whether or not named as Beneficiary herein. Segale Properties LLC By Metro Land Ievelop • - ,Inc. Its Manager Aal VA / ' ft it M.rk A. Sega - e Pres T t STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day ofZ r j1( , 2016,. before me,the undersigned, a Notary Public in and for the State of Washington, duly comrr>!issioned and sworn,personally appeared Mark A. Segale,to me known to be the person who signed as Vice President of Metro Land Development,Inc.,Manager of SEGALE PROPERTIES LLC,the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that Mark A. Segale was authorized to execute said instrument on behalf of the company. IN WITNESS WHEREOF,I have hereunto set my hand and official seal the day and year first above written. II llll A, .b1.� id i , •nOIL (Signature of Notary) �J,�4a��,ssroN 44%4:;"--r"O � flfxJ a c' NOTiR) _ _ (Print or stamp name of Notary)F. PUB VB LI C �� NOTARY PuI in arid for the State of Washington, ,< , .1� 1 U �c` •.,,,,,,,• � �• residing at 1 ( C'-0•" nor My appointment expires: Q I I�� . ''111,„1,1,0''% Y Irp h `, EXHIBIT "A"to Deed of Trust Legal Description of Encumbered Property PARCEL 1: PARCEL B OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO.L 15-0023 RECORDED UNDER RECORDING NO.20150716900001; PARCEL 2: AN EASEMENT FOR ROAD AND UTILITY OVER,AND ACROSS THAT PORTION SHOWN AS "SEGALE DRIVE`C" OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. L 15-0023 RECORDED UNDER RECORDING NO.20150716900001; SITUATE IN THE CITY OF TUKWILA,COUNTY OF KING,STATE OF WASHINGTON