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HomeMy WebLinkAbout1994 - Statutory Warranty Deed - Behr Ted - 9409011050 THIS SPACE PROVIDED FOR RECORDER'S USE: w FILED FOR RECORD AT REQUEST OF LI'1 C.J [7 1 tJ Order No. 410550 c, t., °x+ WHEN RECORDED RETURN TO City of Tukwila 6200 Southcenter Blvd1 Seattle, WA 98188 r*; C'1 Escrow No. 94079 STATUTORY WARRANTY DEED 0 THE GRAI NTOR TED BEHR, as his separate estate .J for and in consideration of Ten Dollars and other valuable consideration 0 in hand paid, conveys and warrants to CITY OF TUKWILA, a municipal corporation the following described real estate, situated in the County of King, State of Washington: Lot 6, Riverside Park Addition, according to the plat thereof, recorded in Volume 70 of Plats, page 73, in King County, Washington; Except that portion of Lots 5 and 6 replatted as Duwamish Terrace, according to the plat thereof, recorded in Volume 75 of Plats, page 68, in King County, Washington. FILED BY CHICAGO TITLE INSUR:A "U 10. REF lr/ U 5 POSTAGE CHARGE $.40 Auqu DATED: 27, 1994 Ted Behr STATE OF WASHINGTON ss. COUNTY OF King On this day personally appeared before me Ted Behr to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. 2 n GIVEN under my hand and official seal t his �_.J� day of n(AC' ,�SS1pN•:�(i Notary Public in and for the State of Washington, residing a C/) in; 9 •Q c C 9 My appointment expires: .0 y e 2 p� t s; 4 SH1 A1 E1393435 09/01/1994 76 -50 5000.00 PLFASI PYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt when stamped PLEASE SEE REVERSE Form No. 84 0001A by cashier. CHAPTER 82.45 RCW CHAPTER 458-61 WAC For Use at County Treasurer's Office (Use Form No. 84 -0001B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1 -7 ARE FULLY COMPLETED Name Ted Behr r, Name r t y of Tukwi l a w I Street 5703 S Pamt•l a Or r0 City Sedtt l p WA 9d] 78 State Zip ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE Name City of Tukwila Street 6%1111 Sn0hrPnfPt- Rivii Tukwila, WA 95188 1 1 1 City/State Zi LEGAL DESCRIPTION OF PROPERTY SITUATED IN UNINCORPORATED Eti i ri rt COUNTY OR IN CITY OF Street Address (if property is improved): Lot 6, Riverside Marl; Addition, arcording to thr- plat tht- rt-nf, recorded in Volume 70 of Pi,itn. aq e 73, in Kincl County, Wanhingtnn; Except thpt portion of Lotr 5 and fi rt platted as Duwami sh Tr rare, arrorrli t tht� plat thereof, r_erorded in Volume 75 of Pl ats paai- 65, tr, KiliI (Iounty, WaShingr ')n. Is this property currently: YES NO Description of tangible personal property if included in sale (furniture, appliances, etc.) Classified or designated as forest land? 0 Chapter 84.33 RCW Principal Use: Apt. (4 unit) residential Classified as current use land (open space, farm and agricultural, or timber)? Chapter 84.34 RCW Gross Sale Price Exempt from property tax as a nonprofit organization? Chapter 84.36 RCW Seller's Exempt Reg. No. Receiving special valuation as historic 0 property under? Chapter 84.25 RCW Property Type: 21 land only land with new building Excise Tax State land with previously used building land with mobile home timber only building only Local If exemption claimed, list WAC number and explanation. WAC No. (Sec /Sub) Explanation Type of Document St n t U i or y W r r a rat y Ot e d X11011:11. ?7 l 4q= (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Name (print) If the new owner(s) of property with special valuation as historic property Date &Place of Signing wish to continue this special valuation the new owner(s) must sign below. g g If the new owner(s) do not desire to continue such special valuation, all Signature of additional tax calculated pursuant to Chapter 84.26 RCW, shall be due g and payable by the seller or transferor at the time of sale. Grantee /Agent (3) OWNER(S) SIGNATURE Name (print) Date Place of Signing PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (1C)). FOR TREASURER'S ffif fY AGO TITLE INSURANCE CO. TAXPAYER FORM REV 84 0001A (12 -93) (PD 12- 17 -93) REF. 'll Q 5 U �J POSTAGE CHARGE $.40 Date of Document Principal Use: Apt. (4 unit) residential timber El agricultural commercial /industrial Gross Sale Price w Milt! C +1► other Personal Property (deduct) Taxable Sale Price ttt)1) fltl (1) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) Excise Tax State If the new owner(s) of land that is classified or designated as current use Local or forest land wish to continue the classification or designation of such land, the new owner(s) must sign below. If the new owner(s) do not desire Delinquent Interest: State to continue such classification or designation, all compensating or additional Local tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34.108 shall Delinquent Penalty: State be due and payable by the seller or transferor at the time of sale. The county assessor must determine if the land transferred qualifies to continue Total Due classification or designation and must so indicate below. Signatures do THERE IS A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the compensating taxes A F F I DAV I T will be applied. All new owners must sign. I certify under penalty of perjury under the laws of the state of This land does does not qualify for continuance. Washington that the foregoing is true and correct. Date Signature of DEPUTY ASSESSOR Grantor /Agent (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Name (print) If the new owner(s) of property with special valuation as historic property Date &Place of Signing wish to continue this special valuation the new owner(s) must sign below. g g If the new owner(s) do not desire to continue such special valuation, all Signature of additional tax calculated pursuant to Chapter 84.26 RCW, shall be due g and payable by the seller or transferor at the time of sale. Grantee /Agent (3) OWNER(S) SIGNATURE Name (print) Date Place of Signing PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (1C)). FOR TREASURER'S ffif fY AGO TITLE INSURANCE CO. TAXPAYER FORM REV 84 0001A (12 -93) (PD 12- 17 -93) REF. 'll Q 5 U �J POSTAGE CHARGE $.40 O'Conner Law Corporation P.S. 130 Andover Park East Suite 102 Seattle, WA 98188 (206) 242 -5345 (206) 242 -7091 (FAX) Buyers Name: Ted Behr Escrow No: 94078 Sellers Name: City of Tukwila CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction The Undersigned buyer and seller (referred to herein as "the parties hereby designate and appoint: O' Conner Law Corporation P.S. (referred to herein as "the closing agent to act as their closing and escrow agent according to the following agreements and instructions. IT IS AGREED, AND THE CLOSING AGENT IS INSTRUCTED, AS FOLLOWS: Terms of Sale. The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction are set forth in the parties' Purchase and Sale Agreement (referred to herein as "the parties agreement which is made a part of these instructions by this reference. Any changes to the parties' agreement will be made a part of these instructions, without further reference when signed by the parties and delivered to the closing agent. These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and if there is any conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control Descrintion of Real Proaerty. The real property which is the subject of the transaction (referred to herein as "the property is identified in the parties' agreement. The document required to close the transaction must contain the "legal description" of the property. If the parties' agreement does not contain the correct legal description, the parties or the real estate agent shall obtain an addendum setting forth the legal description as soon as possible and deliver it to the closing agent. C los ina Date. The date on the documents required to close the transaction are filed for record (referred to herein as "the closing date shall be on or before the date for closing of the transaction specified in the parties' agreement or in an addendum extending that date. Documents. The closing agent is instructed to select, prepare, complete, correct, receive, hold, record and deliver documents as necessary to close the transaction. The closing agent may request that certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the closing agent before the closing date. Execution of any document will be considered approval of its form and contents by each party signing such document. Devosit and Disbursements of Funds. Before the closing date, each party shall deposit with the closing agent all funds required to be paid by such party to close the transaction, less any earnest money previously deposited with the real estate agent. The closing agent is authorized, but not required, to consider a lending institution's written commitment to deposit funds as the equivalent of a deposit of such funds, if all conditions of the commitment will be met on or before the closing date. All funds received by the closing agent shall be deposited in one or more of its general escrow or trust accounts with any bank doing business in the State of Washington and may be transferred to any other such accounts. The closing agent shall not be required to disburse any funds deposited by check or draft until it has been advised by its bank that such check or draft has been honored. All disbursements shall be made by the closing agent's check. Settlement Statement. The closing agent is instructed to prepare a settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursement from such funds. No funds shall be disbursed until the parties have examined and approved the settlement statement. Some items may be estimated, and the final amount of each estimated item will be adjusted to the exact amount required to be paid at the time of disbursement. The settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If any monetary error is found, the amount will 1 be iMmediately paid by the party liable for such payment to the party entitled to receive Pro- rations. Adjustments or pro- rations of real estate taxes, and other charges if any, shall be made on a per -diem basis using a 365 day year, unless the closing agent is otherwise instructed. Title Insurance. The closing agent is instructed to obtain and forward to the parties a preliminary commitment for title insurance on the property and any other parcel of real property that will be used to secure payment of any obligation created in the transaction (referred to herein as "the title report The closing agent is authorized to rely on the title report in the performance of its duties and shall have no responsibility or liability for any title defects or encumbrances which are not disclosed in the title report. verification of Existing Encumbrances. This closing agent is instructed to request a written statement from the holder of each existing encumbrance on the property, verifying its status, terms, balance owing and, if it will not be removed, the requirements that must be met to obtain a waiver of any due -on -sale provision. The closing agent is authorized to rely upon such written statements in the performance of its duties, without liability or responsibility for their accuracy or completeness. Instructions from Third Parties. If any written instructions necessary to close the transaction according to the parties' agreement are given to the closing agent by anyone other than the parties or their attorneys, including but not limited to lenders, such instructions are accepted and agreed to by the parties. Disclosure of Information to Third Parties,. The closing agent is authorized to furnish, upon request, copies of any closing documents, agreements or instructions concerning the transaction to the parties' attorneys, and to any real estate agent, lender or title insurance company involved in the transaction. Other papers or documents containing personal or financial information concerning any party may not be released to anyone other than party's attorney or lender, without prior written approval. Potential Legal Problems. If the closing agent becomes aware of any facts, circumstances or potential problems which in the closing agent's opinion should be reviewed by any of the parties attorneys, the closing agent is authorized, in its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought. Closing Auent's Fees and Expenses. The closing agent's fee is intended as compensation for services set forth in these instructions. If additional services are required to comply with any change or addition to the parties' agreement or these instructions, or as a result of any party's assignment of interest or delay in performance, the parties shall also reimburse the closing agent for any out -of- pocket costs and expenses incurred by it under these instructions. The closing agent's fees, costs and expenses shall be due and payable on the closing date or other termination of the closing agent's duties and responsibilities under these instructions, and shall be paid one -half by the seller unless otherwise provided in the parties' agreement. Cancellation. These instructions may be canceled by a written agreement, signed by all of the parties, and payment of the closing agent's fees, costs and expenses. Upon receipt of such agreement and payment, the closing agent shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties or responsibilities under these instructions. Inability to Comely With Instructions. If the closing agent receives conflicting instructions or determines, for any reason, that it cannot comply with these instructions by the date for closing specified in the parties' agreement or in any written extension of that date, it shall notify the parties, request further instructions, and in its discretion: (1) continue to perform its duties and close the transaction as soon as possible after receiving further instructions, or (2)if no conflicting instruction have been received, return any money or documents then held by it to the parties that deposited the same, less any fees and expenses chargeable to such party, or (3)commence a court action, deposit the money and documents held by it into the registry of the court, and ask the court to determine the rights of the parties. When the money and documents have been returned to the parties or deposited into the registry of the court, the closing agent shall have no further duties or responsibilities under these instructions. Disputes. Should any dispute arise between the parties, or any of them, and /or any other party, concerning the property or funds involved in the transaction, the closing agent may, in its sole discretion, hold all documents and funds in their existing status 2 ,pending resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court to determine the rights of the parties, Upon depositing said funds and documents with the court, the closing agent shall have no further duties or responsibilities under these instructions. The parties jointly and severally agree to pay the closing agent's costs expenses and reasonable attorney's fees incurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by the closing agent, the parties, or any other person. Notices. Any notice, declaration or request made under these instructions shall be in writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the closing agent and other parties at their addresses set forth in these instructions. Amendments. Any amendment, addition or supplement to these instructions must be in writing, signed by the appropriate parties and delivered to the closing agent. Counterparts. These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy. Effect. These instructions shall bind and benefit the parties, the closing agent, and their successors in interest. Definitions. When used herein or in any amendment, addition or supplement hereto, words and phrases are defined and are to be construed as follows: The words "buyer" and "seller" refer to all persons and entities identified as such by their signatures on this document, jointly and severally unless otherwise indicated, and shall be construed interchangeably with other similar terms as "purchaser "vendee "vendor "grantee or "grantor" as may be appropriated in the contest and circumstances to which such words apply. The word "lender" refers to any lending institution or other party, including the seller if appropriate, that has agreed to provide all or part of the financing for the transaction or to which the buyer has made a loan application. The phrase "these instructions" refer to agreements, instructions and provisions set forth in this document and all amendments, additions and supplements to this document. The phrase "the property" refers to the real property identified in the parties agreement, including any other parcel of real property that will be used to secure payment of any obligation created in the transaction, and does not include any items of personal property unless otherwise specifically stated in these instructions. The phrase "outside of escrow" refers to any duty, obligation or other matter which is the sole responsibility of the parties or of any party, and for which the closing agent shall have no responsibility or liability. In these instructions, singular and plural words, and masculine, feminine and neuter words, shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply. MATTERS TO BE COMPLETED BY THE BUYER AND SELLER IMPORTANT READ CAREFULLY THE FOLLOWING ITEMS MUST BE COMPLETED BY THE PARTIES, OUTSIDE OF ESCROW, AND ARE NOT PART OF THE CLOSING AGENT'S DUTIES UNDER THESE INSTRUCTIONS. Insuection and ADnroval of the Property. Any required inspections or approvals of the property will be arranged and completed by the parties, outside of escrow. The closing agent shall have no liability with respect to the physical condition of the property, or any building, improvements, plumbing, heating, cooling, electrical, septic, or other systems on the property, and no responsibility to inspect the property, or to otherwise determine its physical cordition, or to determine whether any required improvements, additions or repairs have been satisfactorily completed. Personal Proverty. Any required inspections, approvals or transfers of possession of any owned or leased fixtures, equipment or other items of personal property included in the transaction, and payment of any personal property, sales or use taxes, will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility with respect to such personal property and shall not be 3 to determine the status or condition of the title to, encumbrances upon, ownership, or physical condition of such personal property, nor to calculate, pro -rate, collect, prepare returns for or pay any personal tax, sales tax or use tax arising from the transaction. Utilities. All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any other utilities or public services will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility to determine, collect, pro -rate or adjust charges for installation of service for any utilities pr public services, except to pro -rate existing recurrent assessments for public improvements, if any, which appear on the title report. Fire or Casualty Insurance. If a new policy for fire, hazard or casualty insurance on the property is necessary to close the transaction, the buyer will arrange for the policy to be issued, outside of escrow, and will provide evidence of the required insurance coverage to the closing agent before the closing date. Unless otherwise instructed,, the closing agent shall have no responsibility to contract for or obtain any policy for fire, hazard or casualty insurance on the property, or any assignment of such policy. Possession of the Prooertv,. The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the closing agent. Collection Account. If any financing for the transaction will be provided by a private party, the parties are advised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory note or contract. The collection account shall be established by the parties outside of escrow and shall not be the responsibility of the closing agent. Pavment of Omitted Taxes. If any additional real property taxes are assessed for recent improvements made to the property and not added to the tax rolls before the closing date, the parties shall pay their respective shares of such omitted taxes, pro -rated as of the closing date, within 30 days after receipt of notification that such taxes have been assessed. The closing agent shall not be responsible or liable for any assessments, collection, or payment of omitted taxes. Individual Taxes. The parties aie advised to consult with their attorneys to determine whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The closing agent shall have no responsibility for the parties' individual tax consequences arising from the transaction. Foreian Investment in Real Property Tax Act. If any seller is, or may be, a non resident alien or a foreign corporation, partnership, trust or estate for the purposes of the United States income taxation, the parties are advised to consult with their attorneys before the closing date to determine their responsibilities and liabilities, if any, under the Foreign Investment in Real Property Tax Act (Section 1445 et seq. of the Internal Revenue Code). The closing agent is not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such act. Avvrovals and Permits. The parties are advised to consult with their attorneys to determine whether any building, zoning, subdivision, septic system or other construction or land use permits or approvals will be required, either before or after the closing date. The closing agent shall have no responsibility with respect to any such permit or approval, and shall have no liability arising form the failure of any party to obtain, or from the refusal of any governmental authority to grant,any such permit or approval. Compliance With Certain Laws The parties are advised to consult with their attorneys to determine their responsibilities, if any, under the Consumer Protection Act, Truth -in- Lending Act, Interstate Land Sales Act or other similar laws. The closing agent shall have no responsibility for the parties compliance, nor any liability arising from the failure of any party to comply, with any such law. NOTICE 10 PARTIES The services of O'Conner Law Corporation, P.S., will be performed under the supervision of James v. O'Conner, Attorney. 4 You are further advised that: O'Conner Law Corporation, P.S., is not acting as the advocate or representative of either (or any) of the parties. The documents prepared by O'Conner Law Corporation, P.S. will affect the legal rights of the parties. The parties' interests in the documents may differ. The parties have a right to be represented by attorneys of their own selection. The Closers cannot give legal advice as to the manner in which the documents affect the parties. BY SIGNING THESE INSTRUCTIONS, EACH PARTY ACKNOWLEDGES: I have been specifically informed that the closing agent is forbidden by law from offering any advice concerning the merits of the transaction or the documents that will be used to close the transaction. The closing agent has not offered any legal advice or referred me to any named attorney, but has clearly requested that I seek legal counsel if I have any doubt concerning the transaction or these instructions. I have had adequate time and opportunity to read and understand these instructions. BUYER SELLER /Ljz /9 7 CITY OF TUKWILA Ted Behr Date BY Date Date Date Date Date Date Buyer's Mailing Address: Ph:H W Accepted: By: Seller's Mailing Address: Ph:H W 5 ESTIMATED CLOSING STATEMENT SELLER City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Estimated Closing Date: April 29, 1994 Escrow No. 94078 Page 1 Property: Lot 10, Riverside Park Add, Tukwila, WA DEBITS CONSIDERATION: Sales Price Check Herewith 5,000.00 Totals 5,000.00 NOTICE: This estimated closing statement is subject to changes, corrections or additions at the time of final computation of closing escrow statement. City/ of Tukwila O'Conner Law Corporation P.S. By: Diane L. Houle Legal Assistant CREDITS 5,000.00 5,000.00 CLOSING STATEMENT SELLER City of Tukwila Closing Date: 6200 Southcenter Blvd September 1, 1994 Tukwila, WA 98188 Escrow No. 94078 Page 1 Property: Lot 10, Riverside Park Add, Tukwila, WA DEBITS CONSIDERATION: Sales Price Check Herewith 5,000.00 Totals 5,000.00 CREDITS 5,000.00 5,000.00 SAVE FOR INCOME TAX PURPOSES O'Conner Law Corporation P.S. 130 Andover Park East Suite 102 Seattle, WA 98188 (206) 242 -5345 (206) 242 -7091 (FAX) Buyers Name: City of Tukwila Escrow No: 94079 Sellers Name: Ted Behr CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction The Undersigned buyer and seller (referred to herein as "the parties hereby designate anc appoint: O'Conner Law Corporation P.S. (referred to herein as "the closing agent to act as their closing and escrow agent according to the following agreements and instructions. IT IS AGREED, AND THE CLOSING AGENT IS INSTRUCTED, AS FOLLOWS: Terms of Sale. The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction are set forth in the parties' Purchase and Sale Agreement (referred.to herein as "the parties agreement whict is made a part of these instructions by this reference. Any changes to the parties' agreement will be made a part of these instructions, without further reference when signet by the parties and delivered to the closing agent. These instructions are not intended tc amend, modify or supersede the terms and conditions of the parties' agreement and if there is any conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control Description of Real Property. The real property which is the subject of the transaction (referred to herein as "the property is identified in the parties' agreement. The document required to close the transaction must contain the "legal description" of the property. If the parties' agreement does not contain the correct legal description, the parties or the real estate agent shall obtain an addendum setting forth the legal description as soon as possible and deliver it to the closing agent. C to s inc7 Date. The date on the documents required to close the transaction are filed for record (referred to herein as "the closing date shall be on or before the date for closing of the transaction specified in the parties' agreement or in an addendum extendinc that date. Documents: The. closing agent is instructed to select, prepare, complete, correct, receive, hold, record and deliver documents as necessary to close the transaction. The closing agent may request that certain documents be prepared or obtained by the parties oz their attorneys, in which case the parties shall deliver the requested documents to the closing agent before the closing date. Execution of any document will be considerec approval of its form and contents by each party signing such document. DeDosit and Disbursements of Funds. Before the closing date, each party shall deposit with the closing agent all funds required to be paid by such party to close the transaction, less any earnest money previously deposited with the real estate agent. The closing agent is authorized, but not required, to consider a lending institution's writter commitment to deposit funds as the equivalent of deposit of such funds, if all condition: of the commitment will be met on or before the closing date. All funds received by the closing agent shall be deposited in one or more of its general escrow or trust accounte with any bank doing business in the State of Washington and may be transferred to any other such accounts. The closing agent shall not be required to disburse any funds deposited b) check or draft until it has been advised by its bank that such check or draft has beer honored. All disbursements shall be made by the closing agent's check. Settlement Statement. The closing agent is instructed to prepare a settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursement from such funds. No funds shall be disbursed until the parties have examined and approved the settlement statement. Some items may be estimated, and the final amount of each estimated item will be adjusted to the exact amount required to be paid at the time of disbursement. The settlement statement will be subject to audit and any errorE or omissions may be corrected at any time. If any monetary error is found, the amount will 1 be immediately paid by the party liable for such payment to the party entitiea to recei Pro -rations Adjustments or pro- rations of real estate taxes, and other charges ii any, shall be made on a per -diem basis using a 365 day year, unless the closing agent otherwise instructed. Title Insurance The closing agent is instructed to obtain and forward to the parties a preliminary commitment for title insurance on the property and any other parc of real property that will be used to secure payment of any obligation created in t transaction (referred to herein as "the title report The closing agent is authorized rely on the title report in the performance of its duties and shall have no responsibili or liability for any title defects or encumbrances which are not disclosed in the tit report. Verification of Existina Encumbrances. This closing agent is instructed to request a written statement from the holder of each existing encumbrance on the propert verifying its status, terms, balance owing and, if it will not be removed, the requiremen -that must be met to obtain a waiver of any due -on -sale provision. The closing agent authorized to rely upon such written statements in the performance of its duties, witho liability or responsibility for their accuracy or completeness. Instructions from Third Parties. If any written instructions necessary to clo: the transaction according to the parties' agreement are given to the closing agent anyone other than the parties or their attorneys, including but not limited to lender such instructions are accepted and agreed to by the parties. Disclosure of Information to Third Parties. The closing agent is authorized to furnish, upon request, copies of any closing documents, agreements or instructio concerning the transaction to the parties' attorneys, and to any real estate agent, lend or title insurance company involved in the transaction. Other papers or documen containing personal or financial information concerning any party may not be released anyone other than party's attorney or lender, without prior written approval. Potential Leaal Problems If the closing agent becomes aware of any facts, circumstances or potential problems which in the closing agent's opinion should be review by any of the parties attorneys, the closing agent is authorized, in its sole discretio to advise the parties of such facts, circumstances or potential problems and recommend th legal counsel be sought. Closina Aaent's Fees and Expenses. The closing agent's fee is intended as compensation for services set forth in these instructions. If additional services a required to comply with any change or addition to the parties' agreement or the instructions, or as a result of any party's assignment of interest or delay in performanc the parties shall also reimburse the closing agent for any out -of- pocket costs and expens incurred by it under these instructions. The closing agent's fees, costs and expenses sha be due and payable on the closing date or other termination of the closing agent's duti and responsibilities under these instructions, and shall be paid one -half by the sell unless otherwise provided in the parties' agreement. Cancellation These instructions may be canceled by a written agreement, signed b� all of the parties, and payment of the closing agent's fees, costs and expenses. Up( receipt of such agreement and payment, the closing agent shall return any money documents then held by it to the parties that deposited the same, and shall have no furthl duties or responsibilities under these instructions. Inability to Comply With Instructions. If the closing agent receives conflicting instructions or determines, for any reason, that it cannot comply with the; instructions by the date for closing specified in the parties' agreement or in any writt extension of that date, it shall notify the parties, request further instructions, and its discretion: (1) continue to perform its duties and close the transaction as soon possible after receiving further instructions, or (2)if no conflicting instruction ha been received, return any money or documents then held by it to the parties that deposit( the same, less any fees and expenses chargeable to such party, or (3)commence a coui action, deposit the money and documents held by it into the registry of the court, and a! the court to determine the rights of the parties. When the money and documents have be( returned to the parties or deposited into the registry of the court, the closing ager shall have no further duties or responsibilities under these instructions. D isDut es. Should any dispute arise between the parties, or any of them, and /or any other party, concerning the property or funds involved in the transaction, the closir agent may, in its sole discretion, hold all documents and funds in their existing state F pending resolution of the dispute, or join or commence a court action, deposit the money and .documents held by it with the court, and ask the court to determine the rights of the parties; Upon depositing said funds and documents with the court, the closing agent shall have no further duties or responsibilities under these instructions. The parties jointly and severally agree to pay the closing agent's costs expenses and reasonable attorney's fees incurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by the closing agent, the parties, or any other person. Notices. Any notice, declaration or request made under these instructions shall be in, writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the closing agent and other parties at their addresses set forth in these instructions. Amendments. Any amendment, addition or supplement to these instructions must be in writing, signed by the appropriate parties and delivered to the closing agent. Counterparts. These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy. Effect. These instructions shall bind and benefit the parties, the closing agent, and their successors in interest. Definitions. When used herein or in any amendment, addition or supplement hereto, words and phrases are defined and are to be construed as follows: The words "buyer" and "seller" refer to all persons and entities identified as such by their signatures on this document, jointly and severally unless otherwise indicated, and shall be construed interchangeably with other similar terms as "purchaser "vendee "vendor "grantee or "grantor" as may be appropriated in the contest and circumstances to which such words apply. The word "lender" refers to any lending institution or other party, including the seller if appropriate, that has agreed to provide all or part of the financing for the transaction or to which the buyer has made a loan application. The phrase "these instructions" refer to agreements, instructions and provisions set forth in this document and all amendments, additions and supplements to this document. The phrase "the property" refers to the real property identified in the parties agreement, including any other parcel of real property that will be used to secure payment of any obligation created in the transaction, and does not include any items of personal property unless otherwise specifically stated in these instructions. The phrase "outside of escrow" refers to any duty, obligation or other matter which is the sole responsibility of the parties or of any party, and for which the closing agent shall have no responsibility or liability. In these instructions, singular and plural words, and masculine, feminine and neuter words, shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply. MATTERS TO BE COMPLETED BY THE BUYER AND SELLER IMPORTANT READ CAREFULLY THE FOLLOWING ITEMS MUST BE COMPLETED BY THE PARTIES, OUTSIDE OF ESCROW, AND ARE NOT PART OF THE CLOSING AGENT'S DUTIES UNDER THESE INSTRUCTIONS. Inspection and AoDroval of the ProDerty. Any required inspections or approvals of the property will be arranged and completed by the parties, outside of escrow. The closing agent shall have no liability with respect to the physical condition of the property, or any building, improvements, plumbing, heating, cooling, electrical, septic, or other systems on the property, and no responsibility to inspect the property, or to otherwise determine its physical condition, or to determine whether any required improvements, additions or repairs have been satisfactorily completed. Personal Property. Any required inspections, approvals or transfers of possession of any owned or leased fixtures, equipment or other items of personal property included in the transaction, and payment of any personal property, sales or use taxes, will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have no responsibility with respect to such personal property and shall not be 3 required to determine the status or condition of the title to, encumbrances upon, ownership; or physical condition of such personal property, nor to calculate, pro -rate, collect, prepare returns for or pay any personal tax, sales tax or use tax arising from the transaction. Utilities. All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any other utilities or public services will be completed by the parties outside of escrow. Unless otherwise instructed, the closing agent shall have nc responsibility to determine, collect, pro -rate or adjust charges for installation of service for any utilities pr public services, except to pro -rate existing recurrent assessments for public improvements, if any, which appear on the title report. Fire or Casualtv Insurance. If a new policy for fire, hazard or casualty insurance on the property is necessary to close the transaction, the buyer will arrange for the policy to be issued, outside of escrow, and will provide evidence of the required insurance coverage to the closing agent before the closing date. Unless otherwise instructed, the closing agent shall have no responsibility to contract for or obtain any policy for fire, hazard or casualty insurance on the property, or any assignment of such policy. Possession of the Property. The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the closing agent. Collection Account. If any financing for the transaction will be provided by a private party, the parties are advised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory note or contract. The collection account shall be established by the parties outside of escrow and shall not be the responsibility of the closing agent. Pavment of Omitted Taxes. If any additional real property taxes are assessed for recent improvements made to the property and not added to the tax rolls before the closing date, the parties shall pay their respective shares of such omitted taxes, pro -rated as of the closing date, within 30 days after receipt of notification that such taxes have been assessed. The closing agent shall not be responsible or liable for any assessments, collection, or payment of omitted taxes. Individual Taxes. The parties are advised to consult with their attorneys to determine whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The closing agent shall have no responsibility for the parties' individual tax consequences arising from the transaction." Foreian Investment in Real Property Tax Act. If any seller is, or may be, a non resident alien or a foreign corporation, partnership, trust or estate for the purposes of the United States income taxation, the parties are advised to consult with their attorneys before the closing date to determine their responsibilities and liabilities, if any, under the Foreign Investment in Real Property Tax Act (Section 1445 et seq. of the Internal Revenue Code). The closing agent is not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such act. Annrovals and Permits. The parties are advised to consult with their attorneys to determine whether any building, zoning, subdivision, septic system or other construction or land -use permits or approvals will be required, either before or after the closing date. The closing agent shall have no responsibility with respect to any such permit or approval, and shall have no liability arising form the failure of any party to obtain, or from the refusal of any governmental authority to grant,any such permit or approval. Compliance With Certain Laws. The parties are advised to consult with their attorneys to determine their responsibilities, if any, under the Consumer Protection Act, Truth -in- Lending Act, interstate Land Sales Act or other similar laws. The closing agent shall have no responsibility for the parties compliance, nor any liability arising from the failure of any party to comply, with any such law. NOTICE TO PARTIES The services of O'Conner Law Corporation, P.S., will be performed under the supervision of James V. O'Conner, Attorney. 4 You are further advised that: O'Conner Law Corporation, P.S., is not acting as the advocate or representative of either (or any) of the parties. The documents prepared by O'Conner Law Corporation, P.S. will affect the legal rights of the parties. The parties' interests in the documents may differ. The parties have a right to be represented by attorneys of their own selection. The Closers cannot give legal advice as to the manner in which the documents affect the parties. BY SIGNING THESE INSTRUCTIONS, EACH PARTY ACKNOWLEDGES: I have been specifically informed that the closing agent is forbidden by law from offering any advice concerning the merits of the transaction or the documents that will be used to close the transaction. The closing agent has not offered any legal advice or referred me to any named. attorney, but has clearly requested that I seek legal counsel if I have any doubt concerning the transaction or these instructions. I have had adequate time and opportunity to read and understand these instructions. BUYER SELLER CITY OF TUKWILA Date Ted Behr Date OAIBY V4A11 0) I Date Date AuauSt 1. 1994 Date Date Date Buyer's Mailing Address: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Date Seller's Mailing Address: Ph: H (206 W (206 433:1850 Accepted: By: Ph:H W 5 ESTIMATED CLOSING STATEMENT BUYER City of Tukwila Estimated Closing Date: 6200 Southcenter Blvd April 29, 1994 Tukwila, WA 98188 Escrow No. 94079 Page 1 Property: Lot 6, Riverside Park Addition, Tukwila, WA DEBITS CONSIDERATION: Sales Price 5,000.00 ADJUSTMENTS: r Funds from Lot 10 Totals 5,000.00 NOTICE: This estimated closing statement is subject to changes, corrections or additions at the time of final computation of closing escrow statement. Cit;l of Tukwila O' Conner /Law'' Corporation P.S. By: Diane L. Houle Legal Assistant CREDITS 5,000.00 5,000.00 CLOSING STATEMENT BUYER City of Tukwila 6200 Southcenter Blvd Tukwila, WA 98188 Property: Lot 6, Riverside Park Addition, Tukwila, WA CONSIDERATION: Sales Price ADJUSTMENTS: Funds from Lot 10 Totals Closing Date: September 1, 1994 Escrow No. 94079 Page 1 DEBITS 5,000.00 5,000.00 CREDITS 5,000.00 5,000.00 SAVE FOR INCOME TAX PURPOSES