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HomeMy WebLinkAbout2001 - Deed of Trust - Kochlar Kanwaljit / Frese James - 20010629002953AFTER RECORDING MAIL TO: Full Service Escrow, Inc 12055 15th Ave N.E. Seattle, WA 98125 -0000 Filed for Record at Request of: Full Serv..ce Escrow, Inc. Escrow Number: 0106028CM 20010629002953 OLD IC00T33DT me* 00 08/2Li1602ti KING COUNTY, UA DEED OF TRUST (For use m the State of Washington only) Grantor(s) Kanwaljit Kochhar C'''I C\4)1 Beneficiary -James frese Trustee - Old Republic Title l l Abbreviated Legal. Lots 1 and 2, Block 8, Hillman's Seattle Garden Tracts �,` n /i��-''//,,'']]((` Assessor's Tax Parcel Numbers) 3365900765 -09 X (UVUI"l C' THIS DEED OF TRUST, made this 28th day of June, 2001 between Kanwal3a.t Singh Kochhar, an unmarried xnda.vs.dual GRANTOR, whose address is 5570 South Juniper Street, Seattle, Washington 98178 old Republic Title TRUSTEE, whose address is 413.4 198th Street Southwest, Suxteit4 , Lynnwood, WA 98036 and James L. Erase BENEFICIARY, whose address is 6516 126th Avenue southeast, Bellevue, WA 98006 WITNESSETH Grantor hereby bargains, sells, and conveys to Trustee in trust, with power of sale, the following described real property in King County, Washington LOT(S) 1 AND 2, BLOCK 8, HILLMAN'S SEATTLE Garden tracts, according to the plat thereof recorded in volume 11 of Plats, page(s) 24, recorded of king county, Washington Situate m the County of Kmg, State of Washington which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues, and profits thereof This deed is for the purpose of securing performance of each agreement of Grantor herein contained, and payment of the sum of ONE HUNDRED TWENTY ONE THOUSAND FIVE HUNDRED AND NO /100 Dollars ($ 121,500.00) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such rate as shall be agreed upon To protect the security of this Deed of Trust, Grantor covenants and agrees. 1 To keep the property in good condition and repair; to permit no waste thereof, to complete any buildmg, structure or improvement bemg built or about to be built thereon, to restore promptly any budding, structure, or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions, and restrictions affecting the property 2 To pay before delinquent all lawful taxes and assessments upon the property, to keep the property free and clear of all other charges, liens or encumbrances impairing the secunty of this Deed of Trust 3 To keep all buildmgs now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor The amount collected under any insurance policy may be applied upon any indebtedness hereby secured m such order as the Beneficiary shall determine Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust In the event of foreclosure, all rights oldie Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4 To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a Page 1 of 3 LP8 -22 reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose thts Deed of Trust. 5 To pay all costs, fees, and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually Incurred, as provided by statute 6 Should Grantor fail to pay when due any taxes, assessments, insurance premiums, (tens, encumbrances or other charges against the property herein above described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust IT IS MUTUALLY AGREED THAT 1 In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation 2 By accepting payment of any sum secured hereby after Its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay 3 The Trustee shall reconvey ail 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 m 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, m accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder Any person except Trustee may bid at Trustee's sale Trustee shall apply the proceeds of the • sale as follows (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee, (2) to • the obligation secured by this Deed of Trust, and (3) the surplus, if any, shall be distributed to the persons • entitled thereto G Q °' 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 co execution of this Deed of Trust, and such as he may have acquired thereafter Trustee's deed shall recite the ° facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be puma facie evidence of such compliance and conclusive evidence thereof in c=" 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 shalt be vested with all powers of the original trustee The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Trustee, or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee 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 2 Pi'k Ct /C't Kanwaljit S. Kochhar State of Washington } County of King } SS 1 certify that 1 know or have satisfactory evidence that Kanwaljit S. Kochhar is the person(s) who appeared before me, and said person(s) acknowledged that he signed this instrument and acknowledge it to be his free and voluntary act for the uses and purposes mentioned in this instrument Dated- .)T ARY PUE3LIG C'ATE OF WASHINGTON :;fl:'' :f;iori FXPIRL-:: -- , --.--- r- Carol A Morgan Notary Public in and for the State of Washington Residing at Seattle My appointment expires July 9, 2004 REQUEST FOR FULL RECONVEYANCE Do not record To be used only when note has been paid TO. TRUSTEE The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust Said note, together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied, and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder Dated Page 3 of 3 LPB -22