Loading...
HomeMy WebLinkAboutPermit L06-084 - PHAM TONY AND KIM - BOUNDARY LINE ADJUSTMENTPRAM BLA BOUNDARY LINE ADJUSTMENT 5305 SLADE WAY L06-084 City of Tukwi • • Department of Community Development February 28, 2007 Mr. Tony Pham 5305 Slade Way Tukwila, WA 98188 RE: Pham Boundary Line Adjustment (File #L06-084) Dear Mr. and Mrs. Pham: Steven M. Mullet, Mayor Steve Lancaster, Director RECEIVED MAR 13 2007 MUNITY DEVELOPMENT Your boundary line adjustment documents are ready for recording with King County: After recording with King County, return a signed, recorded copy to the City of Tukwila to finalize your boundary line adjustment. Thank you. Sincerely, Rebecca Fox Senior Planner Ke, 1-kecb,(As3 -7 q0o002046-urced o3090opOc, 6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 e Phone: 206-431-3670 o Fax: 206-431-3665 • City of Tukwila • Steven M. Mullet, Mayor Department of Community Development Steve Lancaster, Director NOTICE OF COMPLETE APPLICATION December 26, 2006 Tony and Kim Pham 5305 Slade Way Tukwila, WA 98188 Subject: Pham Short Plat File #L06-086 Dear Mr. and Ms. Pham: Your application for a boundary line adjustment located at 5305 Slade Way, Tukwila, Washington is considered complete on December 26, 2006 for the purposes of meeting state mandated time requirements. This determination of complete application does not preclude the ability of the City to require that you submit additional plans or information, if in our estimation such information is necessary to ensure the project meets the substantive requirements of the City or to complete the review process. This notice of complete application applies only to the permits identified above. It is your responsibility to apply for and obtain all necessary permits issued by other agencies. Staff will next review your applications to determine if there are substantive concerns in your proposal. Please feel free to contact me if you have questions about the review process at 206-431-3683 or via email at rfox@ci.tukwila.wa.us. Sincerely, Rebecca Fox Senior Planner Copy: Engineer, Public Works Fire Prevention, Fire Department Rf 1 12/26/2006 6300 SouthcATPPM41giakelgiiffirPOV.diec Tukwila, Washington 98188 • Phone: 206-431-3670 • Fax: 206-431-3665 LeYa CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail.: tukplan cr.ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS • PERMISSION TO ENTER PROPERTY Lo -r A RECEIVED DEC(0 4 2006' COMMUNITY DEVELOPMENT STATE OF WASHINGTON - COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. EXECUTED at ,5€01#1e (city), U (state), on iti Q j% . 20a Ip 7-6 WZ P.N-1M (P m am 6 Slade W a -t( 'Tukwila q8'' (Ad 6 76_ /6 (Phone Number) 14 r 11 m (Signature)� On this day personally appeared before me (any• P U ' to me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. , 1 r,, SUBSCRIBED AND SWORN TO BEFORE ME ON THIS OZ DAY OF i'4OI • , 20 OCv atarjeo.„40 \ ��, ,Q• •. • 0 6NOTARY PUBLIC in and fps the S of Wasj�non o''v �OM� FIA *.t#.%reiding at Sen. CC / `tJ��l I 44.-: NOTA9y .oma: .r4: ®off :• *Z a w :amTA: VBUG+ =i 1 o°;.� O 14:1•114.Y3, 20. �`s OF WASN� , .tt ..M.00. My Commission expires on I lay ,'2_009 P:Wlanning FormsWpplicationstBLA-LC - June 2008.doc J 1 STATE OF WASHINGTON -5o1—I CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY RECEIVED DEC 0 4 2006 DEVELOPMENT as COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: 1. 1 am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives the right to enter upon Owner's real property, located at 5-2,1 b S 16,0 -rk ST for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the Toss or damage is the result of the sole negligence of the City. 6. The City shall, at its discretion , cancel the application without refund of fees, if the applicant does not respond to specific requests for items on the "Complete Application Checklist" within ninety (90) days. EXECUTED at C/Gt..K On this day personally appeared before me the foregoing instrument and acknowledged that mentioned therein. (city),7A Ul to (state), on ‘`.4.V mr-At rpm , 201S) u r r 1eil (Print Name) u; -L - (Phone Number) -tltnd-SNIa. (Signature) to me known to be the individual who executed igned the same as his erholuntary act and deed for the uses and purposes SUBSCRIBED AND SWORN TO BEFORE ME ON THIS te.*-DAY OF N '.-. 20 bt€ ...s.„.....",, la NOresir g PUBLIC in d for the State of Washington ��III , I 'r� � / My Commission expires on 4140, i / s .� • / P:%Planning Forms Applications\BLA-LC - June 2006.doc June 20, 2006 LEGAL LOT STATUS Lot A: RECEIVED DEC 0 4 2006 COMMUNITY DEVELOPMENT' Lot A of this boundary line adjustment is presently legally described as Lot 2 of City of Tukwila Short Plat L2000-078 and is thereby recognized as a legal lot within the State of Washington. Lot B: Lot B is an area completely surrounded by recorded plats and short plats. This lot was established before the 1972 subdivision laws of the State of Washington. The ingress, egress and utility easement under recording number 5354504, recorded November 14, 1961 describes this lot and therefore establishes its legal status. TONY PHAM.txt • ALI RECeiteF DEC 0 4 ?006 Parcel name: ALL North: 5547.1678 Line Course: N 88-03-22 W North: 5549.7125 Line Course: S 01-03-56 W North: 5449.7298 Line Course: S 88-03-22 E North: 5444.3018 Line Course: N 01-03-56 E North: 5544.2845 Line Course: N 01-03-56 E North: 5644.2672 Line Course: N 88-03-22 W North: 5647.1505 Line Course: S 01-03-56 w North: 5547.1678 East : 5436.4189 Length: Length: Length: Length: Length: Length: Length: 75.02 East : 100.00 East : 160.02 East : 100.00 East : 100.00 East : 85.00 East : 100.00 East : 5361.4421 5359.5824 5519.5103 5521.3700 5523.2296 5438.2785 5436.4189 Perimeter: 720.04 Area: 24,499 sq.ft. 0.56 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 720,040,000.00 Parcel name: LOT 'A' North: 5647.1505 Line Course: 5 01-03-56 w North: 5547.1678 Line Course: 5 88-03-22 E North: 5544.2845 Line Course: N 01-03-56 E North: 5644.2672 Line Course: N 88-03-22 w North: 5647.1505 East : 5438.2785 Length: 100.00 East : 5436.4189 Length: 85.00 East : 5521.3700 Length: 100.00 East : 5523.2296 Length: 85.00 East : 5438.2785 Perimeter: 370.00 Area: 8,499 sq.ft. 0.19 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: 5 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 370,000,000.00 Parcel name: LOT 'B' North: 5549.7125 Line Course: 5 88-03-22 E North: 5544.2845 Line Course: S 01-03-56 w North: 5444.3018 Line Course: N 88-03-22 W North: 5449.7298 East : 5361.4421 Length: 160.02 East : 5521.3700 Length: 100.00 East : 5519.5103 Length: 160.02 East : 5359.5824 Page 1 TONY PHAM.txt Line Course: N 01-03-56 E Length: 100.00 North: 5549.7125 East : 5361.4421 Perimeter: 520.04 Area: 16,000 sq.ft. 0.36 acres Mapcheck Closure - (uses listed courses and chords) Error closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East : 0.00000 Precision 1: 520,040,000.00 TO: Baima & Holmberg 100 Front Street South Issaquah, WA 98027 Attn: Jim Bergsma Ref.# 2501-001 CC: Tony Pham 5305 Slade Way South Tukwila, WA 98188 PAGFIC NORTH\vpsr TITLE 215 Columbia Street Seattle, Washington 98104 DEC 0 41006 42OPN/b, SUPPLEMENTAL REPORT #1 TO THE BOUNDARY LINE ADJUSTMENT PNWT Order Number: 634551 Reference: Mitchell/Pham The following matters affect the property covered by this order: • The following paragraph(s) of our preliminary commitment has/have been eliminated: 14 • Except as to the matters reported hereinabove, the title to the property covered by this order has NOT been re-examined Dated as of October 9, 2006 at 8:00 a.m. PACIFIC NORTHWEST TITLE COMPANY By: Mike Sharkey Title Officer Phone Number: 206-343-1327 cg 1,outAt T0: Baima & Holmberg 100 Front Street South Issaquah, WA 98027 Attn: Jim Bergsma Ref.# 2501-001 cc: Tony Pham 5305 Slade Way South Tukwila, WA 98188 RECEIVED DEC 0 4 2006 COMlY DEVELOPMENT BilmE Noxrxwt+sr Th1.E 215 Columbia Street Seattle, Washington 98104 SUPPLEMENTAL REPORT #2 TO THE BOUNDARY LINE ADJUSTMENT PNWT Order Number: 634551 Reference: Mitchell/Pham • A Pull Update of the Boundary Line Adustment Certificate from September 26, 2006 through November 17, 2006 at 8:00 a.m. has disclosed the following: A. Supplemental. Report Number 1 • Paragraph 10 and 11 of the commitment is/are out, 2006 taxes are paid in full. • There has been no change in the title to the property covered by this order since September 26, 2006, EXCEPT the matters noted hereinabove. Dated as of November 22, 2006 at 8:00 a.m. PACIFIC NORTHWEST TITLE COMPANY By: mike Sharkey Title Officer Phone Number: 206-343-1327 XX • • PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Street Seattle, Washington 98104-1511 RECEIVED DEC 0 4 2006 Senior Title Officer, Mike Sharkey (mikesharkey@pnwt.com) COMMUNITY Title Officer, Curtis Goodman (curtisgoodman@pnwt.com) DEVELOPMENT Assistant Title Officer, Charlie Bell (charliebell@pnwt.com) Unit No. 12 FAX No. (206)343-1330 Telephone Number (206)343-1327 Baima & Holmberg 100 Front Street South Issaquah, Washington 98027 Attention: Jim Bergsma Your Ref.: Job #2501-001 GENTLEMEN: Title Order No. 634551 CERTIFICATE FOR FILING PROPOSED PLAT BOUNDARY LINE ADJUSTMENT CERTIFICATE SCHEDULE A In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land: As on Schedule A, pages 2 and 3, attached. IS VESTED IN: LISA MITCHELL, as her separate estate, as to Parcel A and TONY N. PHAM and KIM-HUONG NGUYEN, husband and wife, as to Parcel B SUBJECT TO THE FOLLOWING EXCEPTIONS: As on Schedule B, attached hereto. CHARGE: TAX: $250.00 $ 22.00 TOTAL CHARGE: $272.00 RECORDS EXAMINED TO: September 26, 2006 at 8:00 a.m. PA IFIC NORTHWEST TIT COMPANY OF WING r IN, INC. / Mike Sharkey Senior Title Officer Unit No. 12 • • Order No. 634551 BOUNDARY LINE ADJUSTMENT CERTIFICATE SCHEDULE A Page 2 The land referred to in this certificate is situated in the State of Washington, and described as follows: PARCEL A: Beginning at the west quarter corner of Section 26, Township 23 North, Range 4 East, W.M., in King County, Washington; Thence along the west line of said section north 0°14'13" west 1400 feet; Thence south 89°21'31' east 664 feet to the TRUE POINT OF BEGINNING of this description; Thence north 0°14'13" west 200 feet; Thence south 89°2'31" east 160 feet to the northwest corner of Lot 1, Silverview, according to the plat thereof recorded in Volume 135 of Plats, page 31, in King County, Washington; Thence along the west line of Lots 1, 2 and 3 of Silverview, south 0°09'30" east 200 feet; Thence north 89°21'31" west 160 feet to the TRUE POINT OF BEGINNING; EXCEPT the north 100 feet of the west 150 feet thereof; (BEING KNOWN AS a portion of Tract 22, Block 2, McMicken Heights Division No. 1, according to the unrecorded plat thereof); TOGETHER WITH an easement for vehicular, foot and utilities over and across the following described real estate: Beginning at the west quarter corner of Section 26, Township 23 North, Range 4 East, W.M., in King County, Washington; Thence along the west line of said section north 0°14'13" west 1400 feet; Thence south 89°21'31" east 664 feet to the TRUE POINT OF BEGINNING of this description; Thence south 0°14'13" east 76.67 feet to the center line of South 164th Street in Pleasant Heights No. 2, according to the plat thereof recorded in Volume 23 of Plats, page 71, in King County, Washington; Thence south 89°21'31" east 20 feet; Thence north 0°14'13" west 76.67 feet to a point south 89°21'31" east from the TRUE POINT OF BEGINNING; Thence north 89°21'31" west 20 feet to the TRUE POINT OF BEGINNING; (BEING KNOWN AS a portion of Lot 21, Block 2, McMicken Heights Division No. 1, according to the unrecorded plat thereof). • • (legal description, continued) Order No. 634551 BOUNDARY LINE ADJUSTMENT CERTIFICATE SCHEDULE A Page 3 LEGAL DESCRIPTION, continued: PARCEL B: Lot 2, Tukwila Short Plat L2000-078, recorded under Recording Number 20020917900004, being a portion of the northwest quarter of the northwest quarter of Section 26, Township 23 North, Range 4 East, W.M., in King County, Washington; TOGETHER WITH an easement for ingress, egress and utilities as delineated on the face of said plat and recorded under Recording Number 20020628001691. END OF SCHEDULE A • • BOUNDARY LINE ADJUSTMENT CERTIFICATE Schedule B Order No. 634551 GENERAL EXCEPTIONS: 1. Rights of claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. • • Order No. 634551 BOUNDARY LINE ADJUSTMENT CERTIFICATE SCHEDULE B Page 2 SPECIAL EXCEPTIONS: 1. Covenant to bear the cost of construction or repair of ingress and egress, easement for which was granted over adjacent property by instrument recorded under Recording Number 5354504. AFFECTS: Parcel A 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: Val Vue Sewer District Sewer pipeline or pipelines AREA AFFECTED: West 10 feet of the north 10 feet of Parcel A RECORDED: April 16, 1975 RECORDING NUMBER: 7504160574 3. AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: IN FAVOR OF: Undisclosed PURPOSE: AREA AFFECTED: DISCLOSED BY INSTRUMENT RECORDED: RECORDING NUMBER: Ingress, egress and utilities West 20 feet of Parcel A and other property May 12, 1976 7605120146 4. Covenant to bear a share in the cost of construction or repair of Ingress, egress and utilities, easement for which was granted over adjacent property by instrument recorded under Recording Number 20020628001691. AFFECTS: Parcel B and other property (continued) • • Order No. 634551 BOUNDARY LINE ADJUSTMENT CERTIFICATE SCHEDULE B Page 3 5. AN EASEMENT FOR SIDE SEWER AFFECTING THE PORTION OF SAID PREMISES STATED HEREIN AND CONTAINING A PROVISION FOR BEARING EQUAL COSTS OF MAINTENANCE, REPAIR OR RECONSTRUCTION OF SAID COMMON SEWER BY THE COMMON USERS: RECORDED: RECORDING NUMBER: WIDTH: LOCATION: AFFECTS: August 13, 2002 20020813000327 5 feet Along the line as constructed Parcels A and B Said instrument is a re-recording of instrument recorded under Recording Numbers 20020628001692 and 20020801001811. 6. AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: IN FAVOR OF: Val Vue Sewer District PURPOSE: Cleanout 26-1 AREA AFFECTED: Southeast corner of Parcel A DISCLOSED BY INSTRUMENT RECORDED: RECORDING NUMBER: August 13, 2002 20020813000327 Said instrument is a re-recording of instrument recorded under Recording Numbers 20020628001692 and 20020801001811. Said cleanout 26-1's location is also delineated on Short Plat No. L2000-78 as recorded under Recording Number 20020917900004. 7. EASEMENT AS DELINEATED AND/OR DEDICATED ON THE FACE OF THE PLAT: PURPOSE: Ingress, egress and utilities AREA AFFECTED: Northerly portion of Parcel B 8. SENSITIVE AREA NOTICE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: February 10, 2005 RECORDING NUMBER: 20050210001480 Said instrument states, in part, that limitations may exist on actions in or affecting the sensitive areas or their buffers present on the property. AFFECTS: Parcel B (continued) • • Order No. 634551 BOUNDARY LINE ADJUSTMENT CERTIFICATE SCHEDULE B Page 4 9. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT PLAT, COPY ATTACHED: RECORDED: September 17, 2002 RECORDING NUMBER: 20020917900004 10. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2006 TAX ACCOUNT NUMBER: 537920-0202-04 LEVY CODE: 2320 AFFECTS: Parcel A CURRENT ASSESSED VALUE: Land: $79,000.00 Improvements: $123,000.00 AMOUNT BILLED GENERAL TAXES: $2,542.42 SPECIAL DISTRICT: $1.50 $10.00 TOTAL BILLED: $2,553.92 PAID: $1,276.96 TOTAL DUE: $1,276.96 11. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY 1, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2006 TAX ACCOUNT NUMBER: 537920-0204-02 LEVY CODE: 2320 AFFECTS: Parcel B CURRENT ASSESSED VALUE: Land: $74,000.00 Improvements: $330,000.00 AMOUNT BILLED GENERAL TAXES: $5,084.84 SPECIAL DISTRICT: $1.50 $10.00 TOTAL BILLED: $5,096.34 PAID: $2,548.17 TOTAL DUE: $2,548.17 (continued) Order No. 634551 BOUNDARY LINE ADJUSTMENT CERTIFICATE SCHEDULE B Page 5 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: AFFECTS: Lisa Mitchell, a single person Northwest Trustee Services, LLC Wells Fargo Bank, N.A. $160,000.00 October 25, 2005 November 2, 2005 20051102002451 Parcel A The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 13. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: Tony Ngoc Pham and Kim-Huong Nguyen, husband and wife First American Title Insurance Company Mortgage Electronic Registration Systems, Inc., solely as nominee for America's Wholesale Lender $435,000.00 August 22, 2005 August 29, 2005 20050829000797 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. (continued) • • Order No. 634551 BOUNDARY LINE ADJUSTMENT CERTIFICATE SCHEDULE B Page 6 14. JUDGMENT: AGAINST: Kim H. Nguyen IN FAVOR OF: Dynamic Collectors AMOUNT: $1,631.72, plus interest and/or costs if any WARNING: THIS AMOUNT IS NOT TO BE USED AS A BASIS FOR CLOSING ANY SALE OR LOAN TRANSACTION. THE AMOUNT NOW OWING AND THE REQUIREMENTS TO OBTAIN A SATISFACTION OR RELEASE OF SAID JUDGMENT MUST BE OBTAINED FROM THE JUDGMENT CREDITOR OR HIS ATTORNEY. ENTERED: JUDGMENT NUMBER: SUPERIOR COURT CAUSE NUMBER: ATTORNEY FOR JUDGMENT CREDITOR: Telephone No.: March 3, 2006 06-9-08719-0 06-2-07734-2 Joseph Oskars Enbody 360-736-8269 NOTE: The lien of said judgment depends upon the identity of the judgment debtor with Kim-Huong Nguyen. NOTE 1: The records of King County and/or our inspection indicate that the address of the improvement located on said land is: 5210 South 164th Street Tukwila, Washington 98188. AFFECTS: Parcel A NOTE 2: The records of King County and/or our inspection indicate that the address of the improvement located on said land is: 5305 Slade Way South Tukwila, Washington 98188. AFFECTS: Parcel B END OF SCHEDULE B Title to this property was examined by: Myron Sizer Any inquiries should be directed to one of the title officers set forth in Schedule A. cc: Tony Pham/Tukwila can/20040726002723/20050131001795 • Portion NW 1/ NW 1/ • 26-23-4 45 25 25 ° 0° 00110 1i100#s . QO R=P0 8768s 1.12 S 164TH ST I 44104\ 0220 • . dt, II 'a o 002 „1°' 1 ' 7501# 0200 i4 H X J O J SLADE WY 179 402 13 7499# 0204 7 COD 02� a 4t! 17000# 0202 4441444 4, y3le ti�� Q'41:t. 20 0 z . 351. v:, P O A-25 t 35.013 ° 150.65 a 4) c5aOo20 sZ° ��° 150.65 7600#s PACIFIC NORTHWEST TILE Order No . T Company of Washington, Inc. IMPORTANT: This is not a Plat convenience to locate the land streets and other land. hereon. 4. 634551 of Survey It is furnished as a indicated hereon with reference to No liability is assumed by reason of reliance 25 0 ccw 25 WHEN RECORDED, RETURN TO: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 20050210001480 PAGE001 CITY FT 008 COV 24.00 02/10/2005 12:16 KING COUNTY, WA Reference Number(s) of Related Document(s): Grantor: Jordan's Western Woodcraft, Inc. Grantee: The City of Tukwila 11 20050210001480.001 RECEIVED DEC 0 d 2006 DEVELOPMENT Legal Description (Abbreviated): Portion of Tract 22, Blk. 2, McMiken Heights Div. 1. a.k.a., a portion of the NW1/4, 26-23-04. Full Legal Description is found on Exhibit A of this document. Assessor's Tax Parcel ID Number: 537920-0204 SENSITIVE AREA COVENANT AND HOLD HARMLESS AGREEMENT This covenant and hold harmless agreement is entered into between Jordan's Western Woodcraft, Inc., a Washington corporation, ("Grantor), and the City of Tukwila, a Washington municipal corporation ("Grantee"). RECITALS WHEREAS, Grantor owns and has applied for necessary permits to develop certain real property (the "Property") legaily described in Exhibit A, which is attached and incorporated by reference. WHEREAS, a portion of the Property contains sensitive areas of potential geologic instability (potential slide areas) as depicted in Exhibit B, which is attached and incorporated by reference. WHEREAS, as a condition of the issuance of subdivision plat approval, land use permits, and/or construction permits for the Property, the Grantee required the Grantor to execute and record this "Sensitive Area Covenant and Hold Harmless Agreement" to hold the City of Tukwila harmless from all Ioss incurred as a result of any landslide or seismic activity, or soil disturbance. 20050210001480.002 WHEREAS, Grantor assumed this obligation in order to obtain said subdivision plat approval, land use permits, and/or construction permits for the Property. WHEREAS, Grantor has performed a geological report, prepared by Zipper Zeman Associates, Inc., dated April 19, 2000 and a peer review has been accomplished by Shannon & Wilson, Inc., dated March 9, 2001. WHEREAS, Grantor has provided Civil Engineering plans, prepared by American Engineering Corporation, dated September 11, 2001 and approved by the City of Tukwila, Public Works Department, on June 13, 2003. WHEREAS, the parties agree that this agreement constitutes an arms length, bargained - for agreement, which includes a waiver of liability that runs with the land for risks created by the proposed use of property because of the shape, composition, location or other characteristic unique to the Property sought to be developed. NOW, THEREFORE, the parties agree as follows: AGREEMENT 1. In consideration of Grantee issuing subdivision plat approval and/or other development permits, which constitutes good and valuable consideration, the receipt of which and the sufficiency of which the Grantor hereby acknowledges, the Grantor shall defend, indemnify, and hold the Grantee, its officers, officials, employees, agents, and assigns harmless from any and all claims, injuries, damages, losses, or suits, whether brought by grantor or third parties, including all legal costs and reasonable attorney fees, arising out of or in connection with any injuries or damages to persons or property caused in whole or in part by any landslide or seismic activity or soil disturbance on the Property, legally described in Exhibit A, which is attached and incorporated by reference. 2. Grantor on its own behalf and on behalf of its heirs, successors and assigns hereby waives any right to assert any claim against the Grantee, its officers, officials, employees, agents, and assigns for any loss, or damage to people or property either on or off the site resulting from any landslide or seismic activity or soil disturbance on said Property by reason of or arising out of the issuance of the permit(s) by the City for development on said Property except only for such losses that may directly result from the sole negligence of the City. 3. Grantor will inform its successors and assigns of said Property that the Property is in an area of potential geologic instability (potential slide area), of the risks associated with development thereon, of any conditions or prohibitions on development imposed by the City of Tukwila, and of any features in this design which will require maintenance or modification to address anticipated soils changes. 4. Grantor will maintain continuous insurance coverage as required by the permit authorizing the development. 20050210001480.003 5. Grantee's inspection or acceptance of any of the Grantor's construction or other work either during construction or when completed shall not be grounds to avoid any of these covenants of indemnification. 6. This covenant and hold harmless agreement shall be a covenant running with the land and the rights and obligations contained herein shall run with and burden the Property, including each parcel comprising the Property and shall inure to the benefit of and be binding upon the Grantor and Grantee, their successors and assigns. DATED this 3 day of J 'g k Q , 2004. GRANTOR: Jordan's Western Woodcraft, Inc. a Washi n corporation By: Print Name: N../D/ahS %S 244#7,/ Its: TeA low STATE OF WASHINGTON COUNTY OF KING ., p On this 3 `� day of ot"42-__ , 200 before me a Notary Public in and for the State of Washington, personally appeared 1)Ae.,>t L 9. , to me known to be the cn pct•aot. rLi of moa- � � fi-- `S+,L, a 5 corporation that 1l executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she was authorized to execute said instrument. ss. oo�i< met -P/' y G IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. Name: 6 _ kJ*elk NOTARY PUBLIC, in and for the State of Washington, residing at cJ- My commission expires: DATED this � day of GRANTEE: CITY OF TUKWILA ATTEST: , 2004. 20050210001480.004 DEC o Q ?006 rAclaP%, STATE OF WASHINGTON ) ) ss. County of King ) On this -7 t11\ day of 5u vx , 20 0 `f , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally a eared 5-t e 'Q r YY\ - r(\ \ \ . - and 3-0- e_ .. Ca v -tom , known to me to be the Mayor and City Clerk, re ctively, of CITY OF TUKWILA, the municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year above written. 44-4/0 -,p. J• SAX, ttt� print name %,.2) P • t13N Ek'D/'y �1t •co1 f, • 1. CLARY �� • I I o NO° / • ��•� +if .•• •. 3-'29' *. Vv\v� �0 wnw,5 s.'or�. eX e: res 3'0`1-0 ``1 s.1 • OF \NP`? J '50‘. r— b NOTARY PUBLIC in and for the State of Washington, residing at v-{-nV\I klaSLt. 20050210001480.005 COvieb EXHIBIT A iDFC 0 4 ?oo LEGAL DESCRIPTION OF PROPERTY b *14 6 T b�T THE EAST 75 FEET OF THE WEST 150 FEET OF THE NORTH 100 FEET OF THE FOLLOWING PORTION OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE WEST QUARTER CORNER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON THENCE ALONG THE WEST UNE OF SM) SEC -no , NORTH 014'13" VAST 1,400 Fi:± i; THENCE SOUTH 8921'31" EAST 664 -L TO THE TRUE POINT OF BEGINNING OF TI -6S DESCRIPTION; THRICE NORTH 014'13" WEST 200 T1€04CE. SOUTH 8921"31- EAST 160 I- LE i TO THE NORTH% ST CORNER OF LOT 1, S1LVERVIEW, ACCORDING TO THE PLAT THEREOF, REQ IN VOLUME 138 OF PLATS, PAGE S1, IN KING COUNTY, WASHINGTON THENCE ALONG THE WEST UNE OF LOTS 1, 2 ANO 3, SLV R EW SOUTH 0•09'36'.EAST 200 I -Lt i; 114E CE NORTH 8971'31' %WM 160 1-E±.1 TO THE TRUE PLACE OF BEGINNING_ (BERic KNallm AS A PORTION OF TRACT 2Z BLOCK 2. MC AWOKEN HEIGHTS DI -COON NUMBER 1. ACCORDING TO THE UNRECORDED PLAT THEREOF_ 0• EXHIBIT B DEPICTION OF SENSITIVE AREAS 20050210001480.006 tkeco' oEC p d aQ6 ty cow -salt -41 5 1 ! 143R0 Pt. --Y., • 7-•••J —r l 1•r CITY OF TUKWILA, WASHINGTON 22f23 2 t 00 2' DUOS o191 / 59805 P POC • CO6C.. OM 0.0' IM CASE 50.00'. E 0.9 00/29/00 0110 rOR UOa) . 3. 183rd PUCE Miro 108 r CASE /2/. 805 0 00/29/00 8 62.217r L -L1.1! 1 - 29107 w CO2E \ \L 0215 roar Emss • u111 EAm10IT f01LOTS 1 •2 (SEE 807E 2. LT t\ • - 2691'22' L - mar R - IL0.03' C., TL 0220 040021'3 N11511,3 ) 7103 1.7 RECORDING 1.10. 0 p 3 O SCALE: PORTION OF NT 1/4. NT 1/4 SEC. 28, TTP. 23N. UM 040. Ly. VOL./PAGE 9i 7 9oopoy .1- - -5- A 46 10.- 3011 0 15 30 60 90 A - 'smear L - 50.77 ADE TAA! 0-25100' 0446 R0 404 COO: 1L Y01114 CASE n N 0.13 • E 0.0.' 00/29/00 84101 CAS210IT P131 RECO093 No 2007021000100 g! 3/94TAII7 SEWER 048017 PEI REC00910 N6 7300803001a 0501155/1/0935 • - 86(71E3 EA322p1T FOR M 90171T OF 1011 O 1031170Y 437410USNFD UPON RECOo90 ff 1104 9197 NAT. (540wax 1917 I) ' - • - 313932' L • 29.09' R-7007 A 801107' 2Or LOT 1 7.001 9 LOT 2 7.499 9 RIO 0.7 029.7 If 4000 MOO a PMYAiE la SA -M T7 // Brecn54208(20855461101 t /L 94POI 71.47rc :Mar 11412 r 1 516 20020012006127 (SEE NOTE .. 917 1) /%\ .015.8 OJT IOCA1101 P01 100 501'0. 110175 a 57.040 P805 5107 Y 0059.1 Of 55.0 1201 107 0202 4E37 1.7 .4 TL 0202 TL 0030 57 { PREOSOI 0 005119. MORSE 0 AT 10018 LEVI. 185.8 800818 STANDARDS. =MD/ 97 94C 170-130-000 Y0 07Y 0 9011,AIL 9, i 0 5557515.5057 DATA: IROS 018-520 5 =00 0019 165.0008 107/057.01104 05.90 OF 0141910 7857 M 1/. 110 O POI ROS m 3- 116 107/4 L -p 1a RECEIVED DEC 0 4 2006 COMMUNITY it_ DEVELOPMENT OEM 1403 90118 Or 0157 1/4 COR. 080 ..4 CONE 808 8/ NAL ON 0.7 08 GSE 5110 00/29/00 27 • 28 s. math sr. TL 0197 LEGEND 9 5DU740 CONC. MON. AS NOTED 0 SET 1/2' . 2e ROAR h CAP. 1.5 30444 TL TAE LOT NUMBER 770 4.. COM 805 0/ 11/2' 1154 5910040 0l O9• r CASE NWO' .EWO' 00/20/00 - American £81 ... • Munro . fr59F9r E25glowering 9:: 1:' 5.`5.91`61 Corporation IlW Na) 502-5.10 r- tem am -5511 555.5.= mow as 595 SHORT PLAT NUMBER L2000-078 SILVER VIEW HEIGHTS SHORT PLAT DWI. SY MN DATE 6/21/02 JOB NEL 2045 171(0. BY OTC SCALE 2 Dr 2 u1 LY) CITY OF TUKWILA, WASHINGTON U CLANA110OM M100 IAL 0(1 6T 1)00 PI®IT TOT 00 M 4019013 ONEKN N PM 11191E O M LAD PERRI =ROM CO IOVAT ((00 A 9007 9/0/5900 INE ECr N091ANT 10 010 5PIE060 AO MANOR .00 PM SAD 99000) 9411 ROT 1E RACER OIDED N A5 00•431 NTN{ A MOD O N1i 11Ma TRIO M OATS O ROMs; NM00 M 071010 O A NAL PLAT. M POISSOND ROOM DECLARE 1101 9011 NAT M R M COMM NEPRONMO N O LD 9100 91110490) Ale 710 SAM IS YAC[ 001 M TREE C0X9*1T A11D N AC0011DNPI 0) 13 0®E O M 0101054 01110001 RE KAYE 97 O0t mums AID =PLR 0 a STAR O) 01012 O K.A.N. 1 501VT TOT 1 10400 1 ONE SN101ACIOY 0100Rt NOT 24133-f 11 M P11 0) % ND APPEARED 60'00 YL ANO SAO POt3O0 AO.OIOOI NOLD 047 _ 901sa 1113 OQON9ENT AIO AOOONLOIJ9 IT 10 01 WS_ 000E AND YWINTART ACI PER M 160 401PLUMP 014(00 N M NSINROR. 0ATmtAILAIOTo- rI. 22. doe:„PAd t.. PRO ROOM NA1E: CARRY{ 41045)0 RIO P%rA01Nr PusUe YY MPOsa1T wan tt.09.1.O0A DAM O CORlr1 O CHERYL L GIRARD STATE OF WAS)4fl TOM IMTART-P12111C (1 0150110 MO POND 1 OR1W THAT 1 10100 CO 141 MOSfACT0Y [POOR 70T O M PERSON 700 APPEARED BOOS YE 040 SIO PAWN 00010015*® THAT - 9050 UR 1100007 Aio 0000101DOD R TO 01 PRM NO 100)0007 ACT 701 M 4.50 A10 Puma= 01(1013 N M 0OIR10ENT. DATER t901ATURD (ROT NOTARY NAM Ont YT APPOSTIONT 0041 M NOON 100 RET 01000? IA REQ OM 7(3100100 POODP O M 001I4001 000110 01 5[1001 21. 1010901 23 N10164. RAIQ 3 .A32. 1004011712 A00111. N 001 COME 719000111E OEOSSER AS PROS& 0000001 AT M Mr 1.0910 COSMO O wpm O. 100000 23 TOOL RM AMC 4 PO APO K > CTIIE LOC CP WN KID 012112. 09001111 NUM 0341r 1011f I..m 7110 Duce ODORSWIM 0PONTO MST 00. 250 TO OLE PO1506000 niOR D001 Ilan 0tAY2r TER 200 150 11013 90110 0R1ir MST IO TMT 10 M MININE ? 000571 O IDT 1. AMMO; A®II0I0 7D M PRAT DOtFDr. PEPPER 5 10110E 191 O RAT>. mac 021 N 0110 Moro w00m1 TNDI*L ALPO M OM UNE O IDIS S. 2 AO 2. 01305013101 000* 091 2O TECO T01R No@1 00113Y 7047 )00 R07 TOM TORE RAS Or 42101001 (000 0010) AS A PORTON O TRACT 32. 9004 2. YO ROUX 1001112 0000 4 I0 1. ACC11O I@ ID M U21000D AAT DOE,. MLAS041341 WIEST ROMP 091 AO 000110 10 OE32 102000 1aP01Y AT&T 1040000. 101140(3 CASA 100012. Ale OCR RUEEME 9tl OTSOM A01 ASSOC MOM NO 1000 M ROVA15 ►4514(15 0 AIIT. AO 110 MER= I . (10 T or ALA A 10 714051.0(0 504014 Maio M RAT 1)10 PRE00419. 001 AND 000010 AIL SIMON SL. 0004100000402. 01111A11. 41404(3 510401 150[40 NO DEALT 40000120 PPM. ODlpn1LS .. CARER AND OIOM NL NLIISSM? Ca M11 IE17T 10Op0O0110 01 01010.010213 440010)0100 751170 POR M PURPOSE Or 90104 Ola 960Y900 APO 0013 MOOITM 000 0LCE00. 0At 1001001. AND OPK11 Ui*2(2 WPM 707013 0a M OOIri1171 0P 1I0) BC MTS.30501(MTS.00151FOR010 WO= AT Al2. PM P12P0. 1021 STA10. t1IOTOO1 1. OMR mat 001 M01(2t O Al 1111 ROOK TR1 0)110 URE 5090 001 6 0 314 111 1)41E0 0/14/00 4201 9Rn010I15 CASNT Inas a Gra. S NO= / EON= AO MW I= MOW WT 3RUOI62 0a 20OA6230013N 001 M ODOR (0 Ur I NO 2 O 00(101 PERT PLAT. YW0IAME O 310 1ATIA001 941. EE M 09069211 O M 13951 021 .00 9O065a0 AO *Tams O 1011 1 AD 2. 0100 Lou& 40103E 510E7100 SAO DN131 tai 91COSOM 00 11900 ML PAT MO FOWL AND wave= 910E O M MOTS MIMEO 1 M MOOR OWI LOT 2 Cr O* 90057 RAT F1 POFD / .alfa MO 1112113 0 HOER OT00101(D 401 M 6COTT Or LOT 1 UPON 0050051 04 Da( OMR PUT. MAMMON C 01 SAO MEMO MALL BETIE 00064/17 O M OWNER nen ben 910EEDM 010 Acme OLOTS 1 AO 1 14YN0 URAL ADEES7 1)5000{ SAO 001ER1 PEAS 570113 MO 47900 Mt PAY 190 ORM 0(0 Wail= 940 O M 5012 NORM. A. 3A070RY 90001 MEMO KW= 11001 Mope "0 2000a1m0[P! 00 M 071017 O LOT 2 Cr DO 9007 RAE. AND RE-RECORDED 1150 RmPONC NO. 1000000000027 10 CERIpt7 T170 03,1E a 10 013OP7. 501130 Dom:mu L 9141. 01 00L1MRD INTO M 0010 DOMAN ORT ELLS 09 POWWOW) 0EL0116110N ORES MO MERCER 0. 1013 5 D6 90077 RAT 980.7 TO COCOONS salsa 017 5 5000001146. 0101000 P OMP11. R ,POI 10(09 A000OARS NIG DATm Arm. M. IMO AO 9 0001 9 01901 . K PIED NAR04 E 2001. AO 9E93000 001(0 1. REPORTS. PO 1113 911T RAT. 7. AL 4010*1m ACOSS. 3101,5E 00/500/1. PALL NOT E7® 130 SLOPE a ALL U1U10 44 TO 114ORT PLAT ARE TO SE t20sa000* S. 103 9002 PLAT %ORLI TO Al MY1011 /1 OE SONIC OP 4)011 MAD DOPY. DIC AS 01 0IOED 1050 RC00O 01160 200700011300 RECORDING NO. 0.2 0 4 r7 900ooY SCALE 1 bah _ 30 0. VOL/PAGE /SS 0 15 30 60 90 PORTION OF NSI 1/4, NT 1/4 SEC. 242, TVP. 29N, RGI. 04E, V.M. COUNTY 0101 APPROVAL EEArOD AND APPODNED R M DOA0007 O ASS69d13 DAy or Ili Ar + %iAYYDAf %i n A sco+t nibble 93 9792D3771010 -023000724000001 M0 COMM ASSESS= TIKIMLALDMORT RU9O1VEal0N 000611.701E APPROVAL ROVE) AMD 000010 3/0E SORT 1)W00) HERM COORin OR CUM 313 41♦r OAT O r110.t. 2003. . 0040 900 201004 COWRIE COUNTY T9HAaUMR'S ClNTIPICATE 1 =TRY NOT ALL PRO0112 TAIM AR PAO ANO TOT A Wow HAS BEEN NAEE 9ITTMENT AMMO TO PAY M TARS T01 M 7(310(10 TEAR NAT 110E ANE 10 0121131017 931041 I.4000115 =TRIED 401 10020109 410 DAT 01 S14111. 00013)30)9000015001(240090181(003590111.042.3.510100 ODEA POLO Lei AR PAO 01 RAL Da DAT 01 2 OWtt Roo CRIT/ 1003Nsa 00 =IND 00/.9150 SHORT PUT NUMBER L211110=9.711 a RECORDING CERTIFICATE PLED FOR RELOR0 NIS LLDAY 02_r. ..9' r N >#./1. BOOK/. OF N--- P AGE .116 AT PIE REQUEST OF THE CITY OF TUKWILA 4 .1 ¼47o COUNTY AUDITOR SURVEYORS CERTIFICATE 1. GARY T. 1130200321. 050101000 03 A LAND 51RT27OR 0Y DM RAYS Of 00.71300700. CO22TT MAT MO MOR RAT O 021® OR OR ACTUAL ATM OR T95 LAND OE3C32121 11011. CONOUCT9 3Y 113 OR UNDO W SUPRIMUIR 017 TRAY MIM 01RAAC13. COMM. AND ARCM 433 3901N TUMOR CO(12.71Y1 AND MAT Y07NIMA1 0280 7140 TROD 1021fU1mA9 AMROT21 FOR !RANO AT A 1310 ALT; BAYS 0@0 SST AND 10T COMMAS 37000 ON 020200 02 DOR10 ON 733 neer Par. LIPUTIORIOSIM 1040-, • 0111000 pinaarinp 1w "au Corporation i1A2d SILVER VIEW HEIGHTS SHORT PLAT 110E /101) 41-740 FN 107217 1-773) DATE 40( 6/21/02 JOB 0(x 2045 10,104910 MON M Pr OOm. BY OTC SCALE NA 1 01 2 20050829000797 FIRST AMERICAN DT 43.00 08 29//2005 10:43 KING COUNTY, IJA After Recording 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: 5379200204 Abbreviated Legal Description: SEE ATTACHED Ut- 517 LZO)Q -6-1--e etc- a001 O''1'1- of [Include lot, block and FIRST AMERICAN Lou a Pull legal description located on page 3 Trustee: FIRST AMERICAN TITLE INSURANCE COMPANY, SEATTLE DEFINITIONS 11) 14 3 Additional Grantees located on page [Space Above This Line For Recording Data] RECEIVED DEC 0 4 2006 COMMUNI I Y DEVELOPMENT 00011075304508005 [Doc ID 11 DEED OF TRUST MIN 1000157-0005579082-4 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. Certain 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 AUGUST 22, 2005 , together with all Riders to this document. (B) "Borrower" is TONY NGOC PRAM, AND KIM—HUONG NGUYEN, HUSBAND AND WIFE Borrower is the trustor under this Security Instrument (C) "Lender" is AMERICA'S WHOLESALE LENDER Lender is a CORPORATION organized and existing under the laws of NEW YORK WASHINGTON -Single Family-Fannle Mae/Freddie Mac UNIFORM INSTRUMENT WITH E S Page 1 of 11 Initials: co-6A(WA) (0012).01 CHL (08/02)(d) VMP MORTGAGE FORMS - (800)521.7291 CONVNA 2 3 9 9 1 Form 30481/01 1 1 0 7 6 3 0 4 5 0 0 0 0 0 2 0 0 6 A 20050829000797.002 DOC ID #: 00011075304508005 Lender's address is P.O. Box 10219, Van Nuys, CA 91410-0219 (D) "Trustee" is FIRST AMERICAN TITLE INSURANCE COMPANY, SEATTLE 2101 FOURTH AVENUE, STE. 800, SEATTLE, WA 98121 , (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS 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.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated AUGUST 22, 2005 . The Note states that Borrower owes Lender FOUR HUNDRED THIRTY FIVE THOUSAND and 00/100 Dollars (U.S. S 935, 000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than SEPTEMBER 01, 2035 . (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges dueunder the Note, and all sums due under this Security Instrument, plus interest. (I) "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]: El Adjustable Rate Rider El Condominium Rider El Second Home Rider ❑ Balloon Rider El Planned Unit Development Rider ❑ 1-4 Family Rider ❑ VA Rider El Biweekly Payment Rider ❑ Other(s) [specify] (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 tenn 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 in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu 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 (ii) -any amounts under Section 3 of this Security Instrument (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), 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 "federally related mortgage loan" under RESPA. (R) "Successor in Interest of Borrower" means any parry 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 MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrowers 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 Jurisdiction) [Name of Recording Jurisdicti -6A(WA) (0012).01 CHL (08/02) Page 2 of 11 4.06. Form 3048 1/01 C4A-Vtgnitiats. 20050829000797.003 DOC ID ti: 00011075309508005 PARCEL A: LOT 2, TUKWILA SHORT PLAT L2000-078, RECORDED UNDER RECORDING NO. 2002091790004; PARCEL B: A NON—EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS DELINEATED ON THE FACE OF SAID PLAT. which currently has the address of 5305 SLADE WAY S. (Street/Cityl Washington98188-2766 ("Property Address"): [Trp Code) TUKWILA 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 nominee 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 lawfully 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 ropany 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 Instrument shall be made in 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 Security 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 institution 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 or 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 unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds 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 malting payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in 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 in 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 w IX includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent d the �J�lpNyt/ WOals:.i/_� -6A(WA) (0012).01 CHL (08!02) Page 3 of 11 'I! i/ Form 30481/01 20050829000797.004 DOC ID #: 00011075304508005 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 in 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 for 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 this Security Instrument as a lien 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 time 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 Escrow 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 Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds 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 due 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 Inquire. 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 Funds 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 are 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 analyzing 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 writing, 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 is a shortage 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 shortage in accordance with RESPA, but in 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 in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds 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 this 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 lien which has priority 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 lien 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 are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more =.at tions set forth above in this Section 4. CititiLkAnItials• -8A(WA) (0012).01 CHL. (08/02) Page 4 of 11 Fonn 3048 1/01 20050829000797.005 DOC ID #: 00011075309508005 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 limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination 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, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under 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 in 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 requires, 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 carrier and Lender. Lender may make proof of lass 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 Lender, 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 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 series 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 other third 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 docs not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrowers rights to any insurance proceeds in an 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 policies 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 maintain the Property in o : iy p vent (Z*-5A(WA) (0012).01. CHL (08/02) Page 5 of 11 Initials: Form 30481/01 20050829000797.006 DOC ID #: 00011075304508005 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 Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in 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 in 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 Borrowers 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 Lenders 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 Instrument, 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 Instrument; (b) appearing in court; and (c).• paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, 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, drain water from pipes, eliminate building 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 incurs no liability for not taking any or all actions authorized under this 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 title 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 continue 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 in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period 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 in this Section 10 affects Borrowers obligation to pay interest at the rate provided in 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. -6A(WA) (0012).01 CHL (06/02) Page 6 of 11 (A40.4./1( tnitials: orm 3048 1/01 20050829000797.007 DOC ID #: 00011075304508005 Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties 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 funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, 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 insurers risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk 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 refund. (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 right 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. Assigmnent of Miscellaneous Proceeds; Forfeiture. All 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 Lenders 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 Lenders satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to bc 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 excess, 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 Instnunent, whether or not then due, with the excess, if any, 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 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 writing, 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 in 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 if, after notice 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 fails 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 civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in 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 Lenders 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 Lender's interest in the Property are hereby assigned and shall be paid to Lender. -6A(WA) (0012).01 CHL (08/02) Page 7 of 11 Initl 20050829000797.008 DOC ID #: 00011075309508005 All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in 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 including, without limitation, Lenders 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-signer'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 Instrument; 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-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, 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 this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrowers default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this 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 interpreted 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,pemnitted limits will be refunded to Borrower. Lender may choose to make this refund 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 might have arising out of such overcharge. 15. Nofices. All notices given by Borrower 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 Borrowers notice address if sent 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 notice 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 in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this 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 in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations 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 feminine gender; (b) words in the singular shaan and include the plural and vice versa; and (c) the word "may" gives sole discretion without y o kir ,.` to take any action. `y Foran 30481/01 ©®BA(WA) (0012).01 CHL (08/02) Page 8 of 11 20050829000797.009 DOC ID 1: 00011075304508005 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, 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 Property 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 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 if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice 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 invoke any remedies permitted by this Security Instrument without further notice 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 prior 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 Lender's 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 fully 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 Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") 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. There also might be one or more 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 notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other 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, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender 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 notice 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 cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. 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 solvents, 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, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental 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 is in violation of any Envi . t mental Law, (b) �which creates an Environmental Condition, or (c) which, due to the presence, use, or rel . a Hazardous i=J -6A(WA) (0012).01 CHL (08/02) Page 9 of 11 r, !ratio Form 30481/01 20050829000797.010 DOC ID #: 00011075304508005 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 (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited 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 which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental 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 prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (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 speed 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 acceleration, 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 immediate payment in full of all sums secured by this Security Instrument 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 title evidence. If Lender 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 time required by Applicable Law and after 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 of sale. 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. Trustee 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 clerk of the superior court of the county in which the sale took place. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs and the Trustee's fee for preparing 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 duties 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 this Security Instrument, shall include without limitation attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. -61lwal (00121.01 CHL (08/02) 1 e!:! Initials - Page 10 of 11 ,'4r Form 30481/01 20050829000797.011 DOC ID 1: 00011075309508005 ontained in this BY SIGNING BELOW, Borrower accepts and agrees to the terms and Security Instrument and in any Rider executed by Borrower and recorded5-,.- (Seal) AI ‘ AO TONY NGOC P -Borrower Witnesses: KIM-HUONG NGUYEN (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower STATE OF WASHINGTON County of K INCA— On this day personally appeared before me To, ( L) o C- KtM— {icuo.J 4-)`(sru to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that hels igned the same as his/h e and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this -6A(WA) (0012).01 CHI. (08/02) 23 iz-D day of A04-usr, 7.a S Notary Public in and for the/ of Washington, residing at My Appointment Expires on g ((9 /03" Page 11 of 11 Form 30481/01 Page 2 20020628001692 PUBLIC STATE OF WASHINGTON ) COUNTY OF KING This is to certify that on this (p day of n iufml7u► 14.' before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally came 20020801001811 20020813000327 to me known to be the parties who executed the within instrument, and acknowledged to me that ( they,the) she ) signed and sealed the same as ( their, GITO her) free and voluntary act and deed for the uses and purposes therein mentioned WITNESS my hand Rud' W4,0ay and year i khis certificate f t above written Notary Public in and for the State of Washington, residing at,lnn q,ZODZ,, STATE OF WASHINGTON ) COUNTY OF KING ) Zan This is to certify that on this (D day of nriN2imber tAIr , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally came to me known to be the parties who executed the within instrument, and acknowledged to me thatthe she ) signed and sealed the same as ( their, rs her) free and voluntary act and deed for the uses and purposes therein mentioned WITNESS my hand and seal the day and year i this certificate irst above written Notary Public in and for the State of Washington, residingatinr, 20020813000327 SILVERVIEW HEIGHTS (Jordan Short Plat) - City of Tukwila SIDE SEWER LEGAL DESCRIPTION ReC j rrn DEC 0 4 2006 °E% OPa'ENT THE SIDE SEWER TO SERVE LOT 2 OF THE JORDAN SHORT PLAT WILL BE CONSTRUCTED WITHIN A 10 -FOOT WIDE EASEMENT OVER A PORTION OF THE EAST HALF OF TAX LOT 537920-0202, BEING 5 -FEET ALONG EACH SIDE OF THE CENTERLINE OF THE SEWER LINE AS CONSTRUCTED, BEGINNING AT VAL VUE SEWER DISTRICT CLEANOUT 26-1, LOCATED IN THE SOUTHEAST CORNER OF TAX LOT 537920-0202 AND RUNNING IN A NORTHWESTERLY DIRECTION TO A POINT ON THE SOUTH BOUNDARY LINE OF THE JORDAN SHORT PLAT, SAID POINT BEING 41 -FEET MORE OR LESS WEST OF THE SOUTHEAST CORNER OF SAID SHORT PLAT Return To: WELLS FARGO BANK, N.A. FINAL DOCUMENTS X4701-022 1000 BLUE GENTIAN ROAD EAGAN, MN 55121-1663 20051102002451 TRANSI(ATION TI DT 52.00 D PAGE001 OF 020 O KING2COUNTY14:5A9 4 2006/ OtvELOpNITY ANT Assessor's Parcel or Account Number: ‘22.65 Abbreviated Legal Description: *Cr p Thi:549 t I ') 1;e. IT & [Include lot, block and plat or section, township and range] Full legal description located on page 3. Trustee: NORTHWEST TRUSTEE SERVICES, LLC [Space Above This line For Recording Data] -ref t v5 -s DEED OF TRUST DEFINITIONS 0148247919}IJ (/" 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. Certain 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 OCTOBER 25, 2005 , together with all Riders to this document. (B) "Borrower" is LISA MITCHELL, A SINGLE PERSON FiLED MR RECORD Al THE REQUEST' F TITLE INSURANCE CO. Borrower is the trustor under this Security Instrument. (C) "Lender" is WELLS FARGO BANK, N.A. Lender is a National Association organized and existing under the laws of THE UNITED STATES OF AMERICA WASHINGTON - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 1 of 19 FORM 3048 1101 SWA01 Rev 08/13/01 20051102002451.002 Lender's address is P. 0. BOX 5137, DES MOINES, IA 50306-5137 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is NORTHWEST TRUSTEE SERVICES, LLC (E) "Note " means the promissory note signed by Borrower and dated OCTOBER 25, 2005 The Note states that Borrower owes Lender ONE HUNDRED SIXTY THOUSAND AND NO/100 Dollars (U.S. $ 160,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1, 2035 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "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❑Condominium Rider ❑Second Home Rider El Balloon Rider ❑Planned Unit Development Rider❑1-4 Family Rider EVA Rider ❑Biweekly Payment Rider ❑ Other(s) [specify] (l) "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. (J) "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. (K) "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. (L) "Escrow Items" means those items that are described in Section 3. (M) "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 in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal S WA02 Rev 04/02/01 Page 2 of 19 FORM 3048 1/01 20051102002451.003 Order No. TH - 20185822 EXHIBIT "A" BEGINNING AT THE WEST QUARTER CORNER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE ALONG THE WEST LINE OF SAID SECTION NORTH 0°14'13" WEST 1400 FEET; THENCE SOUTH 89°21'31" EAST 664 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH D°14'13" WEST 200 FEET; THENCE SOUTH 89°2'31" EAST 160 FEET TO THE NORTHWEST CORNER OF LOT 1, SILVERVIEW, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 135 OF PLATS, PAGE 31, RECORDS OF KING COUNTY; THENCE ALONG THE WEST LINE OF LOTS 1, 2 AND 3 OF SILVERVIEW SOUTH 0°09'30" EAST 200 FEET; THENCE NORTH 89°21'31" WEST 180 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 100 FEET OF THE WEST 150 FEET THEREOF; (BEING KNOWN AS A PORTION OF TRACT 22, BLOCK 2, MCMICKEN HEIGHTS DIVISION NO. 1, ACCORDING TO THE UNRECORDED PLAT THEREOF); SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), 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 "federally related mortgage loan" under RESPA. (Q) "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 This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's convenants 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 (RTA) [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LEGAL DESCRIPTION IS ATTACHED HERETO AS SCHEDULE "A" AND MADE A PART HEREOF. Parcel ID Number: which currently has the address of 5210 SOUTH 164TH STREET [Street] TUKWILA [City], Washington 98188 [Zip Code] ("Property Address"): 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 COVENANTS that Borrower is lawfully 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. SWA03 Rev 04/02/01 Page 3 of 19 FORM 3048 1/01 20051102002451.004 20051102002451.005 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 Instrument shall be made in 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 Security 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 institution 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 or 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 unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds 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 performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in 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 in 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 late charge. If more than one Periodic SWA04 Rev 04/02/01 Page 4 of 19 FORM 3048 1/01 20051102002451.006 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 in 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 for 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 this Security Instrument as a lien 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 time 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 Escrow 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 Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds 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 due 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 Funds 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 SWA05 Rev 04/02/01 Page 5 of 19 FORM 3048 1/01 20051102002451.007 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 are 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 analyzing 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 writing, 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 is a shortage 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 shortage in accordance with RESPA, but in 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 in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds 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 this 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 lien which has priority 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 lien 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 are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. 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. Lender may require Borrower to pay a one-time charge for a real estate tax SWAM Rev 04/02/01 Page 6 of 19 FORM 3048 1/01 20051102002451.008 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 limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination 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, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under 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 in 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 requires, 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 carrier 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 Lender, 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 SWA07 Rev 04/02/01 Page 7 of 19 FORM 3048 1/01 20051102002451.009 period, Lender shalt have the right 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 series 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 other third 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 carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30 -day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to 'Lender (a) Borrower's rights to any insurance proceeds in an 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 policies 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 maintain the Property in order to prevent 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 Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in 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 in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or SWA08 Rev 04/02/01 Page 8 of 19 FORM 3048 1/01 20051102002451.010 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 Borrower's 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 Instrument, 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 Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security instrument, 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, drain water from pipes, eliminate building 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 incurs no liability for not taking any or all actions authorized under this 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 title 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 SWA09 Rev 04/02/01 Page 9 of 19 FORM 3048 1/01 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 continue 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 in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such Toss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period 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 Toss 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 in this Section 10 affects Borrower's obligation to pay interest at the rate provided in 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. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties 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 funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, 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 risk 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 SWA10 Rev 04/02/01 Page 10 of 19 FORM 3048 1/01 20051102002451.011 will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (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 right 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. All 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 in a single disbursement or in a series 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 excess, 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 Instrument, whether or not then due, with the excess, if any, 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 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 writing, 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 in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be SWA11 Rev 04/02/01 Page 11 of 19 FORM 3048 1/01 20051102002451.012 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 if, after notice 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 fails 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 civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 13, 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 Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in 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 including, 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-signer'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 Instrument; 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-signer's SWA12 Rev 04/02/01 Page 12 of 19 FORM 3048 1/01 20051102002451.013 consent. Subject to the provision of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, 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 this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in 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 in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this 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 interpreted 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 refund 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 might have arising out of such overcharge. 15. Notices. All notices given by Borrower 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 sent 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 notice 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 in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security SWA13 Rev 04/02/01 Page 13 of 19 FORM 3048 1/01 20051102002451.014 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 in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations 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 feminine 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. 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, 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 Property 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 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 if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not Tess 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 invoke any remedies permitted by this Security Instrument without further notice 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 prior to the earliest of: (a) five days before sale of the Property pusuant 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 SWA14 Rev 04/02/01 Page 14of19 FORM3048 1/01 20051102002451.015 20051102002451.016 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 Lender's 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 fully 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 Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") 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. There also might be one or more 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 notice of transfer or servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other 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, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security instrument, until such Borrower or Lender 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 notice 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 cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of SWA1S Rev 04102/01 Page 15 of 19 FORM 3048 1/01 20051102002451.017 this Section 20. 21. Hazardous Substances. 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 solvents, 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, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environment 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 is 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 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 (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited 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 which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental 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 prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (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 SWA16 Rev 04/02/01 Page 16 of 19 FORM 3048 1/01 20051102002451.018 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 acceleration, 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 immediate payment in full of all sums secured by this Security Instrument 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 title evidence. If Lender 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 time required by Applicable Law and after 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 of sale. 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. Trustee 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 clerk of the superior court of the county in which the sale took place. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument. Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs and the Trustee's fee for preparing 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 duties conferred upon Trustee herein and by Applicable Law. 25. Use of Property. The Property is not used principally for agricultural purposes. SWA17 Rev 04/02/01 Page 17 of 19 FORM 3048 1/01 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 this Security Instrument, shall include without limitation attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. 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: a,%,_\mAthat SWA18 Rev 04/02/01 (Seal) USA MITCHELL Borrower Page 18 of 19 FORM 3048 1/01 20051102002451.019 STATE OF WASHINGTON ss: County of KING (RTA) On this day personally appeared before me LISA MITCHELL, A SINGLE PERSON to me known to be the individual(s) described in and who executed the within and f oing instrument, and acknowledged that h,' ', hey signed the same as hi r/their free and voluntary act and deed, for t e uses and purposes therein mentioned. GIVEN under my hand and official seal this r * -G ro -4 0: CO i 1 3; 411(135 i 0 N. A:: —. SWA19 Rev 04/02/01 7 day of Od 204-5- 4-141P/43 Notary Public I ani for the State of Washington, residing at..0+-\ My Appointment Expires on Page 19 of 19 ei,A, FORM 3048 1/01 20051102002451.020 Branch :PNK,User :ODA2 Title Officer: 12 Order: 634551 _ Station Id :DFDU Comment: CLS WHEN RECORDED RETURN TO Lisa Made Mitchell 20431 96 Ave S Des Moines, WA 98198 InrcoR TILE 7/5-7 RECE!VED DEC 0 Q 2006 COmivIUN1IY DEVELOPMENT TICOR TITLE COMPANY 15 South Grady Way - Suite 120 - Renton, Washington 98055 20040726002723 DOCUMENT TITLE(s) 1 Re-record Quit Claim Deed to correct legal descnption REFERENCE NUMBER(s) OF DOCUMENTS ASSIGNED OR RELEASED: 0 Additional numbers on page 20040426000997 of document GRANTOR(s): 1 Michael Mitchell, co -Personal Representatives of the Estate of Patrick Mitchell 2 Lisa Mitchell 3 ❑additional names on page of document GRANTEE(s): 1 Lisa Mitchell 2 3 ❑additional names on page of document LEGAL DESCRIPTION Ptn W %, Sec 26, Twn 23N, Rng 4E, W M ❑addmonal legal descnption is on page of document ASSESSOR'S PROPERTY TAX PARCEL ACCOUNT NUMBER(s): 537920-0202-04 ❑additional tax accounts numbers is on page of document The Recorder will rely on the information provided on the form The staff will not read the document to venfy the accuracy or completeness of the indexing information provided herein KING, WA Document: DED QCL 2004.0726002723 E2057403 07/26/2004 13.06 KING COUNTY, $0WA 00 PAGE001 OF 001 Page 1 of 4 Printed on 9/27/2006 9:14:33 AM Branch :PNK,User :ODA2 •. • When recorded mail to Lisa Marie Mitchell 20431 — 9th Ave S Des Moines, WA 98198 Title Officer: 12 Order: 634551 - Station Id :DFDU Comment: CLS 20040426000997 004//2200020004 11 34 KING COUNTY, WA E2033569 04/28/2004 11 23 KING COUNTY, WA SALE $ 0.0000 PA0E001 OF 001 20040726002723.002 RECEIVED DEC 0 4 2006 COMMUNITY DEVELOPMENT $3 QUIT CLAIM DEED Q3 at THE GRANTORS, Michael Mitchell and Lisa Mitchell, Co -Personal Representatives of the Estate of Patrick Mitchell, deceased, for and in consideration of distribution of the estate, convey and quit claim to Lisa Mitchell, a single person, the following described real estate, situated in the County of King, State of Washington, including any after acquired title 1/4 , Short Legal DescrptionSec 26, Twp 23 North, Range 4 E, W M King County, Washington This property is legally described in Attachment A, Page 3, which is attached hereto and incorporated herein by reference FILED BY PNWT Tax Parcel No 537920-0202-04 Sad documortka) were Mod lot mcordlby Pe&ltio' Northwest Mee es accommodation only ft hes not bear t o'a mined as to proper execullon 4 Dated 4E t4 3 2004.9 en to affect upon tIU$ rp4Wo5i-4 P,, sw\z 1, P Michael Mitchell, Co -Personal Representative Lisa Mitchell, Co -Personal Representative of of the Estate of Patrick Mitchell of the Estate of Patrick Mitchell STATE OF WASHINGTON ss County of KING I certify that I know or have satisfactory evidence that Michael Mitchell is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Personal Representative of the Estate of Patrick Mitchell, deceased, to be the free and voluntary act of such party for the uses and purposes mentioned in this . trument. GIVEN under my hand and official seal this r2 3 MARCIA A MELLINGUI - M STATE OF WASHINGTON otaryPti residing at NOTARY - -- PUBLIC My appointment expires- lD// V VY CCI!VISSION E)U'i'. S '0 '2-:: a , 2004 n and for the State of W 2iODA ls. KING, WA Document: DED QCL 2004.0726002723 Page 2 of 4 Printed on 9/27/2006 9:14:33 AM Branch :PNK,User :ODA2 STATE OF WASHINGTON County of KING Title Officer: 12 Order: 634551 Station Id :DFDU Comment: CLS ss 20040726002723.003 RECEIVED DEC 0 4 2006 COMMUNITY DEVELOPMENT I certify that I know or have satisfactory evidence that Lisa Mitchell is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the mstrument, and acknowledged it as the Co -Personal Representative of the Estate of Patrick Mitchell, deceased, to be the free and voluntary act of such party for the uses and purposes mentioned in thisi t ru meent GIVEN under my hand and official seal this ` - 023 , 2004 KING, WA Document: DED QCL 2004.0726002723 Notary Pu and for the State of Wastfifigton residing at (L if l s My appointment expires. MARCIA A MELLINGER STATE OF WASHINGTON TARY--•-- PUBLIC C' ."L"SS1ON EXPtRF S '0-12-04 , Page 3 of 4 Printed on 9/27/2006 9:14:34 AM Branch :PNK,User :ODA2 Title Officer: 12 Order: 634551 Station Id :DFDU Comment: CLS File No 6325795-3 Legal Description Exhibit "A" The land referred to herein is described as follows 20040726002723.004 RECEIVED DEC 0 4 2006 DEVELOPMENT Beginning at the west quarter corner of Section 26, Township 23 north, Range 4 east, W M , in King County, Washington, thence along the west line of said section north 0°14'13" west 1400 feet, thence south 89°21'31" east 664 feet to the TRUE POINT OF BEGINNING of this descnptron, thence north 094'13" west 200 feet, thence south 89°2'31" east 160 feet to the northwest corner of Lot 1, Silverview, according to the plat thereof recorded in Volume 135 of Plats, page 31, records of King County, thence along the west line of Lots 1, 2 and 3 of Silverview south 0°09'30" east 200 feet, thence north 89°21'31" west 160 feet to the true plat of beginning, EXCEPT the north 100 feet of the west 150 feet thereof, (BEING KNOWN AS a portion of Tract 22, Block 2, McMicken Heights Division No 1, according to the unrecorded plat thereof) KING, WA Document: DED QCL 2004.0726002723 Page 4 of 4 Printed on 9/27/2006 9:14:35 AM Branch :PNK,User :ODA2 WHEN RECORDED RETURN TO TONY N PRAM 5305 SIADE WAY SOUTH TUKWIL A, WASHINGTON 98188 Title Officer: 12 Order: 634551 Station Id :DFDU Comment: CLS III1I il flu ' II oil 20050131001795 e1 i8E1g? p0"Ti 8E 21.00 KING COUNTY, UR E2099094 01/31/2005 18:48 K tiNNpG COU N TTpyy, Up SQL6 $550.00000.0000 CHICAGO 11'1 LE INSURANCE COMPANY THE GRANTOR JORDAN'S WESTERN WOODCRAFT, INC, A WASHINGTON CORPORATION 20050131001795.001 RECEIVED DEC 0 4 2006 !Otto' ENT PAGE001 OF 001 STATUTORY WARRANTY DEED Dated: JANUARY 27, 2005 for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to TONY N PRAM AND KIM-HUONG NGUYEN, HUSBAND AND WIPE the following described real estate situated in the County of KING Tax Account Number(s): 537920020402 LOT 2, TU167ILA SHORT PLAT L2000-078, RECORDED UNDER RECORDING NUMBER 20020917900004; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS DELINEATED ON THE FACE OF SAID PLAT. 1141216 State of Washington: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Daryl Jgrda , President JORDANS WESTERN WOODCRAFT DouJorltafi, Secretary/Treasurer KING, WA Document: DED WAR 2005.0131001795 SWD/RDA/0899 Page 1 of 3 Printed on 9/27/2006 9:14:36 AM Branch :PNK,User :ODA2 Title Officer: 12 Order: 634551 Comment: CLS Station Id :DFDU 20050131001795.002 STATE O W HINGTON . ^ COUNTY OF ON THIS DAY OFAt 4Crt , 20 , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THEAST TE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALL PPEARED JE yL5f\ O) AND AILS OFcg4TO ME KNOWN TO BE THE AND 5, (P.Y A J fr W E CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT, AND O DGED THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATE THAT AUTHORIZED TO EXECUTE THE SAID INSTRUMENT AND THAT THE SEALED THERETO (IF ANY) IS E CORPORATE SEAL OF SAID CORPORATION. IN WITNESS WHERE I HAVE HEREUNTO SET MY HAND AND AFFIXED BY OFFICIAL SEAL THE DAY F ST ABOVE WRITTEN. •%\\\\1\111 NOTARY YtPRINTED NAME: .-Fir- r, s 5UOE4S: gi Jry AS.SVI S cs . q NOTARY PUBLIC IN AND FOR THE STATE OF WASHINLiT q RESIDING AT W ' , ( Uii/ A' 'B1J = 2 = MY COMMISSION EXPIRES Lc'Q ' 9 ' ?h 5' a k°,J,J J PP WAS KING, WA Document: DED WAR 2005.0131001795 Page 2 of 3 Printed on 9/27/2006 9:14:37 AM Branch :PNK,User :ODA2 _ Title Officer: 12 Order: 634551 Station Id :DFDU Comment: CLS CHICAGO TITLE INSURANCE COMPANY EXHIBIT A Escrow No.: 1141216 20050131001795.003 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: VAL VUE SEWER DISTRICT SEWER PIPELINE AND LINES AS CONSTRUCTED OVER SAID PREMISES AND OTHER PROPERTY APRIL 16, 1975 7504160568 AN EASEMENT FOR SIDE SEWER AFFECTING THE PORTION OF SAID PREMISES STATED HEREIN AND CONTAINING A PROVISION POR BEARING EQUAL COSTS OF MAINTENANCE, REPAIR OR RECONSTRUCTION OF SAID COMMON SEWER BY THE USERS: WIDTH: LOCATION: RECORDED: RECORDING NUMBER: 5 FEET AS CONSTRUCTED AUGUST 13, 2002 20020813000327 SAID EASEMENT IS A RE-RECORDING OF INSTRUMENTS NUMBER 20020628001692 AND 20020801001811. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON UNDER RECORDING NUMBER 20020917900004. RECORDED UNDER RECORDING NOTES, DEDICATIONS AND THE SHORT PLAT RECORDED KING, WA Document: DED WAR 2005.0131001795 Page 3 of 3 IDC}HHH31 rz/RDA/W99 Printed on 9/27/2006 9:14:38 AM 5354504 EASEMENT DEC 0 4 100 C. SCOTT URqUhART and ANtoinETTE M. UrquharT his wife, hereby grant and convey to John D. MITCHELL. -add RUBY A. MITCHELL, an his wife,/easement for vehicular, foot andutilitiep` over and across the,..fallowing des.ci ibed real estate eituat.ed in King County, Beginning at the west irter corner of section 26, 23 north,. range. 4` east, W.M., in King County, and running thence ,azo _g.the went line of lAigtd 'eedtion north 0°14'13" weet .400. feet, thence .eouth .8g°2],.' 31" east 664 feet to the true point of be- ginning or this description; thence sc)uth 0°14113" east 76.6 t test to the oenter line of South 164th Street in rleiane*nt- heighbseNo. 2, according to plat! .thereof re- . corded in 7o1 ne 23-.oe plate, page 71; records of King County, Weehin tOt; thence south 89"211311' east 20.fMet; theneeepoeeia u°;u 13" west 76,67 feet to a point south Se°21' e1" '-Sit from the };rein nnint. of }loot n.r.i nr ..•.., north 89°_:'.1" west 20 feet to..the truee.point of beginning. (Being :known as a portion of lot 21,,133.00k 2, MoMicken Heights bevi..ion No. 1, an unrecorded plat);" sale ,Asementtbeingl.for'.the..ueetand benefit!of'the tollbwengedeecribed rea, state eituated'en Kenge0OentYeiWati iogtoneiwhecteete pbepentl d owned: ib;; C. :SCOTT * URQUHARTppnd. AN3'OINETTI UEQVR.ART, his wife: "That portior of the N.W. quarter of section 26, town- ship 23 ,lo -eh, range 4 east, W.M., in King County, Wash- ington, lc •-ribed as follows: Beginn' ;; at the west quarter corner of said section 26; thenc north 0014113'1 west along the west line ;,hereof, 1200 feat; thence south 89°21131" east 664 feet to the true point of beginning; thence,,north 0'14113" west 200 feet; thence south 89°21131" east 636 08i.to the west margin of 54th Ave. South; thence south 0'01.136" east along said margin 200 feet; thenbe north 89°21131" west 635.82 to the true point of beginning. Except the east 222.00 feet thereof. (Being 'known as Lot 21,43look 2, MoMickon Heights No. 1, Except th east 222 feet thereof according to unrecorded plat;" and also for the use end benefit of the following described reel estate situate! in King County, Washington, which is presently owned by JOHN D. MITCHELL and RUBY A. MITCUELL, Beginning at the west quarter corner of section township 23, north range 4 east W.M. in King County. LAVA 01•1000 Wa h ing ton, and running thence along the went line :I KANI6.0A14MO1ri ° HOMY ILL 001/«A «UI/.°INO Mar.l.« 4 MAIN IMO 011 *, cap]; e _ v a ° V • said section north 0°14'13", west 1400 feet::ttiefee south B9°21}31" east 664 feet to the true point -c :j eginnir;ig of this description; thence south 89 21'31"east 170 ?eet- terce north 0914113", west 200 feet thence 9°21131" west 20 feet thence south 0°14113" east 100 feet thence *89421111" west 150 feet thence south 0°14113" east -1W feet ' the true point of beginning, known as a P04011, of tract 22, block 2, McMicken Heights No. 1, accordi': to the unrecorded plat." Y north The duty to maintain and repair said easement shall he and paid by the owner of the tract presently owned by JOHN D. MITCI ELI. and RUBY A. MITCHELL, his wife. This easement shall be a oovenant(,c) running with the land. DATED PHIS /4/74 day of November, 1961. C. COTT uncipmART . /7l Y9%• 7/-7f ST'.TE or W'ASH/NOTON� as :( -WV OF K T N o j th.' 441 iii day of November, 1961, before mo perao::ally appeared is SCO QUHART and ANTOINETTE M. URQUHART, his wife, to me known.to be the individuals described in and who executed the within instrument and acknowledged to me that they signed and sealed tht: s..me as their free and voluntary act and deed for the uses and 'r ^noses therein mentioned. 440014ousubtwa • 0.it:4 MAi .t0 * NOV 1961 GIV.'.i INDER MY i -AND AND SEAL this day of November,1961. an_ o e .. a e or Washington, residing at Seattle. -2- 10(1 • ..Mr Y. 60 CV a n FiIa,1 ho "? . 7504160574 LID 26 DEC 0.4 EASEMENT GRANitilip John Mitchell 15215 For,end in consideration of one dollar (51.00) and other valuable considerations, the receipt of Which is hereby acknowledged, grants ej and cunveys to GRANTEES, VAL VUE SEWER DISTRICT,Ating•County. Rash- '. ington,'a Municipal Corporation, an easement end right-of-way, over, across, along, through, and under the following described property situated in King County, Washington, to wit: THE WEST 10 FEET OF THE NORTH 10 PEET OF: IAT 22 BLOCt( 2 MC MICKES HEIGHTS DIV 11 UNREC W 170 FEET LESS N 100 PERT OF REST 150 FEET. MORE PARTICULARLY DESCRIBEr AS FOLLOWS: (SEE ATTACHED DESCRIPTION) For the purpose of constructing, installing, reconstructing, replac- ing, repairing. maintaining end operating a sewer pipeline and lines and all necessary connections and appurtenances thereto, together with the.right of ingress thereto and, egress therefrom for the pur- pose of enjoying the easement, and also granting to Grantees and to those acting under or for Grantees the use of such additional area immediately adjacent to the above easement as shall be required for the construction' of the serer pipeline or lines in•the easement, such additional area to be held. to a minimum necessary for that pur- pose, and immediately after the completion of the construction and. instalAiliic'n, or any subsequent entry upon the easement, Grantees Shall to tore the premises as near as ray be to its condition immed- Lately before such construction or entry. • IN WITNESS WHEREOF, Grantors have hereunto set their hand this 3 day of no* , 197. STATE Or WASHINGTON¢ ) ) SS COUNTY OF KING On this Slot day ofp , 1977/. before me for the undersigned, a NOTARY PUBLIC in and the State of Washington, duly commissioned and sworn, personally appeared C.a., 4 1,- --: pi M d c_ei C}t.th_. . to me known to be the individuals esibed in and who executed the foregoing instrument; and acknow- ledged tc me that (They, atep -One) signed and sealed the said instrument as (;heir, Nis; dor) -free and voluntary act and deed for the uses and purposes therein mentioned. WITR Ss wry hand and official seal hereto affixed the day and year in this certificate above written. boa.. - s le'e: Iota -rowel 'fat *Mud. MOT?r. PUBLIC in and for the State of Washhinrton, residing at 7504160574 John Mitch/11 16215 53rd kienue S. Seattle, WA 98188 LEGAL DESCRIpTICW VVSD - LID 26 2045 et BEGINNING AT THE WEST QUARTER CORNER OF SECTION 26,TOWNSHIP 23, 1471 NORTH, RANGE 4 EAST. W.W., IN RING COUNTY, WASHINGTON. AND RUNNING THENCE ALOUG THE NEST LINE 0? SAID SECTION NORTH 0•14'13" WEST. ,40 1400 FEET THENCE SOUTH 89°21'31" EAST 664 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRJPTION; THENCE SOUTH 8921'31EAST 6i 170 FEET THENCE NORTH 01413" VES? 200 FEET THENCE NORTH r— 89•21'31* WEST 20 FEET THENCE.SOUTH 0°14'13' EAST 100 FRET THENCE NORTH 8921'31" WEST 150 FEET ?ONCE SOUTH 0°14'13" EAST 100 FEET TO THE TRUE POINT OF BEGINNING, KNOWN AS A PORTION OF TRACT 22, DLO= 2, MC NICREN HEIGHTS NO. 1, ACCORDING TO THE UNRECORDED PLAT. Filij) for Record at Request u. VAL vtd SPAR sitla P. O. hs 6063, • kid% woe. 9sus RECORDED 893 /PR Di FR 2 50 518crcR RECORDS& ELECTPONS Rat CaRiTy. Irma • 7605120146 QUIT CLAIM DEED Receiver, DEC 0 4 ?006 SAFECO TITLE INSURANCE COMPANY NAME ServiCe Escrow 4a001ESS P 0 Roe S Ran, AND STATE Burien, Wa. 98166 OFFICE OF THE GRANTOR JOHN DUNNING MITCHELL and RUBY A. MITCHELL, husband and wife for and in consideration of Love and affection conveys and quit claims to JOHN 0. MITCHELL, JR., a single man the fdiosing dm ind rod .,tate, *noted in the County of King State of Wabgtm, including any after .owirsd eiU. The west 160 feet, except the south 100 feet thereof, of the following described tract, hereinafter referred to as Tract X: Beginning at the west quarter of Section 26, Township 23 North, Range 4 East, W.N., and running thence along the west line of said Section north 0°14113" west 1400 feet; thence south 89u21'31" east 664 feet to the true point of beginning of this description; and running thence north 0°14'13" west 200 feet; thence south 89°21'31" east 636.35 feet to the west margin of road; thence along said margin south 0009'36" east 200 feet; thence leaving said margin north 89021'31" west 636.08 feet to the true place of beginning; (Being known as Tract 22, Block 2, Md 1cken Neights, Division No. 1, according to the unrecorded plat thereof.) TOGETHER WITH an easement for ingress, egress and utilities over the west 20 feet of the south 100 feet of the aobve mentioned Tract X. AND TOGETHER WITH an easement for ingress, egress and utilities over the following described property: Beginning at the west quarter corner of Section 26, Township 23 North, Range 4 East, N.M., in King County, Washington, and running thence along the west line of said Section north 0014'13" west 1400 feet; thence south 89°21'31" east 664 feet to the true point of beginning of this descripiton; thence south 0014'13" east 76.67 feet to the center line of South 164th Street in Pleasant Heights No. 2, according to plat thereof recorded in Volume 23 of .Piats, page 71, records of King County, Washington; thence south 89021'31" east 20 feet; thence north 0°14'13" west 76.67 feet to a point south 89021'31" east from the true point of beginning; thence north 89021'31" west 20 feet to the true point of beginning. (Being known as a portion of Lot 21. Block 2, NcNicken Heights, Division No. 1, an unrecorded plat). Legal attached sO 0— (1,1 tn— Subject to all easements, restrictions and reservations of record, if any. Dated this 30th day of April, 1976 STATE OF WASHINGTON, County of King On this 711" }- day of ( /f76 . before me, the undersigned, a Notary Publk in and fur the State of Washington, duly commissioned and sworn, personally appeased John Dunning Mitchell and Ruby A. Mitchell to me known described in and who executed the foregoing instrument, and acknowl- edged pm, and sealed this said instrument as their free and voluntary act and desityarAceilweer therein mentioned. thil*ultiker;Aind and °friend seal this 7day of • • 6 EL 4 it . • .• Z. A • 6 7L4 571175 die . ..... Public in and for State of Washington, residing at 6 •-• AFTER RECORDING MAIL TO American Engineering Corporation 4032 148th Avenue NE Redmond, WA 98052 (PLEASE PRINT OR TYPE INFORMATION) 20020628001691 RE O6/28/20ez 1243 A z1 ee /1/.O KING COUNTY, UN DEo 4 ?D06 oczt,ypp COVER SHEET I DOCUMENT TITLE(S) (or transactions contained therein) Y<ASEMENT U GRANTORS(S) OR CURRENT OWNER(S) Last Name First Name Middle Inttta( 1 Jordan's Western Woodcraft, Inc 2 3 4 O Additional names an page of document IA GRANTEE(S) IF APPLICABLE Last Name First Name Middle Initial Sote-DAAls W63-r&—RN WoeP - rAFT, NTNG. 2 3 4 O Additional names on page of document IV LEGAL DESCRIPTION (abbreviated t e lot, block, plat or section, township, range, qtr /qtr ) Descnption PTN NW4, NW4, SEC 26, T23N, R4E O Additional legal on page of document V REFERENCE NUMBER(S) of Documents assigned or released Numbers) D Additional legal on page of document VI ASSESSORS PROPERTY TAX/ACCOUNT NUMBER Number(s) 5379Z o — OZZo ❑ Property Tax Parcel ID is not yet assigned ❑ Additional numbers on page of document Page 1 of 3 Filed for Record by Amencan Engineering Corporation 4032 148th Avenue NE Redmond, WA 98052 1111111111111111 20020628001691 PAGE 0e2 OF 003 KINGOCOUNTY, UP DECLARATION OF EASEMENT RECENED IDEC 0 4 1006 bEvELLAE KNOW ALL PEOPLE BY THESE PRESENTS, that the undersigned Daryl Jordan, (President) Jordan's Western Woodcraft, Inc , owners in fee simple of the following described property situate in King County, to wit That portion of the northwest quarter of the northwest quarter of Section 26, Township 23 North, Range 4 East, W M , in King County, Washington, described as follows Commencmg at the west quarter corner of said section, Thence along the westerly line of said section, North 1°03'56" East 1600 feet, Thence South 88°03'22" East 874 feet to the true POINT OF BEGINNING of the tract of land herein described, Thence North 88°03'22" West 210 feet to the east line of the plat of Tukwila Terrace, according to the plat recorded in Volume 71 of Plats, page 100, in King County, Washington, Thence North 1°03'56" East along said easterly line and its northerly extension 140f feet to the southwesterly line of Slade Way as conveyed to the City of Tukwila by deed recorded under Recording No 5344869, Thence southeasterly along said southwesterly road margin to a point which lies North 1°03'56" East of the true POINT OF BEGINNING, Thence South 1°03'56" West to the true POINT OF BEGINNING, (ALSO KNOWN AS a portion of Lots 25 and 26, Block 2, McMicken Heights Division No 1, according to the unrecorded plat thereof) Situate in the County of King, State of Washington For mutual benefits to be denved, does hereby establish and declare an easement for ingress, egress and utilities over, across and upon the above descnbed parcel said easement more particularly described as follows That portion of land lying east of the following described line Commencing at the southwest corner of the above-described parcel, Thence South 88°03'22" East along the south line thereof a distance of 87 05 feet to the POINT OF BEGINNING of said line, Thence North 58'26'14" East a distance of 5 33 feet, Thence North 32°32'12" West a distance of 30 21 feet, Thence North 33°02'07" East a distance of 23 78 feet to the southerly margin of Slade Way and the terminus of said line. Said easement being for the benefit of future owners of Lots 1 and 2 in proposed City of Tukwila Short Plat of Silverview Heights #L2000-078 Puget Sound Energy shall be allowed access within said easement for the purposes of maintaining and repairing facilities located within said easement Page 2 of 3 The maintenance, repair, improvement and/or rebuilding of the storm dram system and roadway within said easement shall be the responsibility of those owners having use thereof The cost of repairs shall be borne equally by all owners, their heirs, assigns and successors This easement and the covenants herein contained shall run with the land and be binding upon Declarant, its successors and assigns and all future owners of said lots in said short plat IN Wagss WHEREOF, Declarant has caused this instrument to be executed this day ofJ 4 .-Q— ,2002 .T'lairs we.s re,4 4i.o..Icft y` 7.4 c_ By w! ! ^ —L , By STATE OF IJA-Cln idea A)) )ss COUNTY OF kin/5 ) I certify that I know or have satisfactory evidence that f dvt'dA") is the person who appeared before me, and said person acknowledged that signed this instrument and acknowledged, on oath stated that %lam was authorized to execute the instrument and cknowledge it as the of v.) to- We Tttw NOoderAit/l,Te, A (,J S4•.r. „ C'arterdc-PrTrcI .A-1 to be the free and voluntary act of such party for the uses and purposes Mentioned in the instrument Dad Co/c)-P/C3.— -, (Signature) v S PRINT NOTARY) NAME dirt t -a TITLE Na 7Ay5, S !. l ` C MY APPOINTMENT EXPIRES (a / t d / STATE OF ) )ss COUNTY OF ) Notoy P&iye Strife of Wosfhigton Mf'APPointrnoni , O^i .. Dec 10, 2002 t. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that and acknowledged, on oath stated that was authorized to execute the instrument and acknowledged it as the of , A to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument signed this instrument Dated (Signature) PRINT NOTARY NAME. 11111111111 20020628001691 TITLE PUBLIC EAS 21 00 PAGE e I OF 0e3 KI/ GeCOUNTY12WA3 MY APPOINTMENT EXPIRES Page 3 of 3 20020813000327 20020801001811 AFTER RECORDING MAIL TO American Engineering Corporation 4032 148t Avenue NE Redmond, WA 98052 (PLEASE PRINT OR TYPE INFORMATION) JINUUIIII1ff Pp2A 08130003 7 e8/ 3/2Nim i 0 °76 ee RECEIVED KIN COUNTY, ua 20L00C2080100181 1 DEC 0 4 2006 Pp( N t1F ee4 ea/es/2 2 is er IIIii Il KING COUNTY, LIA COVER SHEET I DOCUMENT TITLE(S) (or transactions contained therein) 'EASEMENT /PE- PFLeRpr"F S/aC S IES emsCMEA/T Due 7 'Tyro /nl £ 6Nr LEGAL Pesuesp-rlo. i II GRANTORS(S) OR CURRENT OWNER(S) 1 2 3 4 O Additional names on page of document Last Name Mil Hee.C. First Name Middle Initial 13mm CK I7I GRANTEE(S) IF APPLICABLE 2 3 4 O Additional names on page Last Name First Name Middle Initial ,&DANS WCsTzrN Woos' . AFT/ rNe. of document IV LEGAL DESCRIPTION (abbreviated t e lot, block, plat or section, township, range, qtr /qtr ) Descnption PTN NW4, NW4, SEC 26, T23N, R4E O Additional legal on page of document O REFERENCE NUMBERS) of Documents assigned or released Number(s) O Additional legal on page of document VI ASSESSOR'S PROPERTY TAX/ACCOUNT NUMBER Number(s) S3??Zo-ozoz O Property Tax Parcel ID is not yet assigned O Additional numbers on page of document Page 1 of 3 COMMUNI i Y DEVELOPMENT 20020813 0003 27 VAL VUE SEWER DISTRICT 14816 MILITARY ROAD SOUTH P.O BOX 69550 SEATTLE, WASHINGTON 98168 (206) 242-3236 20020628001692 PUBLIC Epg 21 00 PAGE 001 OF 003 KIN°CO UNTY12UP TWO PARTY DECLARATION OF EASEMENT FOR SIDE SEWER WHEREAS, THIS AGREEMENT, made this f day of not ei-nber , 200D between OWNERS NAME Patrick Mitchell Owners of the following descnbed real property situated in King County, Washington, to -wit. 5210 S 1646 St TL #537920-0202 AND OWNERS NAME Daryl Jordan Owners of the following described real property situated in King County, Washington, to -wit 160xx 53r1 Ave S TL #537920-0200 are desirous of establishing a side sewer easement for the benefit of each of said properties WITNESSETH: That for and in consideration of the mutual covenants herein expressed, it is hereby agreed between the above parties as follows 1st - A side sewed shall be constructed as follows (See attached legal description of location of easement) SEC. RTrP%c - d - 1n1E 3 PTV/ N ►,J y .JJ'/ / S cc Z6 '7—Z 3 J g.4/6- 2nd YE 2nd - There shall be, and each party does grant unto the other, an easement 5 feet wide for sewer along the line as constructed for the use of said properties and for the purpose of constructing, installing, reconstructing, replacing, repairing, maintaining and operating a sewer pipeline and lines and all necessary connections and appurtenances thereto, together with the right of ingress and egress therefrom for the purpose of enjoying the easement, and also granting to Grantees and to those acting under or for Grantees the use of such additional area immediately adjacent to the above easement as shall be required for the construction of the sewer pipeline or lines in the easement, such additional area to be held to a minimum necessary for the purpose, and immediately after the completion of the construction and installation, or any subsequent entry upon the easement, Grantees shall restore the premises as near as may be to its condition immediately before such construction or entry 3rd - The cost of construction of said sewer shall be borne by the owners of the said properties as follows As mutually agreed 4th - The cost of maintenance, repair or reconstruction of that portion of the sewer used in common shall be borne in equal shares, except that the owners of any lower parcel shalt not be responsible for the part of the sewer above their connection, and when necessary to repair, clean or reconstruct the sewer, the parties to this agreement shall have a right of entry for that purpose 5th - This agreement shall be a covenant running with the land and shall be binding upon all parties, eirs and assigns forever ;WITNES + WHE OF we hereunto set gndds an 1 day and year first above wntten CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwilama.us ci.tukwila.wa.us BOUNDARY LINE ADJUSTMENT/LOT CONSOLIDATION APPLICATION NAME OF PROJECT/DEVELOPMENT: ?k Oil,onlF R7 L„UG Aba t)Srtvt OJT— LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 5-3o5 SLA -z wAy LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 537gw— 02o'/ DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: TO h,t,1 ' d /k,( P v1 a W Address: Cj 30 5 ,14.4%.9 U9 Giki -) k LU (P g p Phone: `.1 67 76g_ g f' / FAX: E-mail: Signature: Date: P:Wlanning Forms Applications'BLA-LC - June 2006.doc June 20, 2006 FOR STAFF USE ONLY Permits Plus Type: P-BLA/LC Planner: Po A he c x File Number: LOCO • Wig Application Complete (Date: 12426106 Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: ?k Oil,onlF R7 L„UG Aba t)Srtvt OJT— LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 5-3o5 SLA -z wAy LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 537gw— 02o'/ DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: TO h,t,1 ' d /k,( P v1 a W Address: Cj 30 5 ,14.4%.9 U9 Giki -) k LU (P g p Phone: `.1 67 76g_ g f' / FAX: E-mail: Signature: Date: P:Wlanning Forms Applications'BLA-LC - June 2006.doc June 20, 2006 CITY OF TUKWILA BOUNDARY LINE Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA g E DJUSTMENT/LOT Telephone: (206) 431-3670 FAX (206) 431-3 8y EIV ' ONSOLIDATION E-mail: tukplan@ci.tukwila.wa.us rOCC 0 41006 , ;9MMUNt. APPLICATION NAME OF PROJECT/DEVELOPMENT: PHAfA, Ot)niDARZI Lu A-OJUST/'►41EA.i1— LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 5 a.10 s l 6,y tt' LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 537'L2c- 02402- DEVELOPMENT 2 2 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: 1-0N`( ?HALM Address: 5-3(.)s- s LA WE I.&IV/ -Tutu Z 9g1F5 Phone: 2O6, - L z- 6410.7 FAX: E-mail: Signature z ` j, - r�Z�Y Q Date: 1 t I b Oto P:1Planning FonnslApplications1BLA-LC - June 2006.doc June 20, 2006 FOR STAFF USE ONLY Permits Plus Type: P-BLA/LC Planner: File Number: am WO 6DIP4 Application Complete (Date: igst ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: PHAfA, Ot)niDARZI Lu A-OJUST/'►41EA.i1— LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 5 a.10 s l 6,y tt' LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). 537'L2c- 02402- DEVELOPMENT 2 2 DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City, to whom all notices and reports will be sent. Name: 1-0N`( ?HALM Address: 5-3(.)s- s LA WE I.&IV/ -Tutu Z 9g1F5 Phone: 2O6, - L z- 6410.7 FAX: E-mail: Signature z ` j, - r�Z�Y Q Date: 1 t I b Oto P:1Planning FonnslApplications1BLA-LC - June 2006.doc June 20, 2006 • Page 1 of 1 PHAM BLA N Y N Cit GIS 6.0 I u u 150ft Copyright O 2006 All Rights Reserved. The information contained herein is the proprietary property of the contributor supplied under license and may not be approved except as licensed by Digital Map Products. http://maps.digitalmapcentral.com/production/CoreGIS/ver1_76f/index.html 12/14/2006 2007030290006 CITY OF TUKWILA, WASHINGTON BOUNDARY LINE ADJUSTMENT NO. L06-084 OWNER'S DECLARATION Know all men by these present that we, the undersigned owners) In fee simple of the land herein described do hereby make a (BLA or Lot Consolidation) thereof. The undersigned further declare this (BLA or Lot Consolidation) to be the graphic representation of said (BLA or Lot Consolidation) and the same is mode with the free consent and In accordance with the desire ,f the owner(s). In witness whereof we _ t our hand and seals. TONY N. PHAM Cittttiflitil KIM -H 0 STATE OF WASHINGTON County of King USA MITCHELL On this doy personally appeared before me LISA MITCJlCL.L. to me known to be the indviduai who executed the foregoing instrument and acknowledged that lutabe. signed the some as hi./h•r voluntary act and deed for the uses and purposes mentioned therein. GIVEN under my hand and officio seal this doy ofbrysAr1 • 20 LI cP CNAAIIEP. PRIOR JR ' Name of co rnmL+sioned: ..,41411/40' rr S STATE OF WR Title: ,(1877411. - My appointment expires: 4/-4-67 )SS COUNTY OF ,CIN.EI I certify that I know or hove satisfactory evidence that Te.Jy N PIAN AMO )QW - Huo.lc• 14/6,LME41 signed this dedication and on oath stated that (he/she) was authorized to execute the Instrument and acknowledged It as the ComMt?RS of SAI p LA410 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument Dated oa, I I LI I oq• Signature of Notary Public Printed Name ar• ikA R • lino Notary Public Title • PlOk1T' PulD11 C. My appointment expires r"101 31 1Mrl APPROVALS: 20 INSTRUMENTATION INSTRUMENT USED: 5 SECOND ELECTRONIC DISTANCE MEASURING UNIT. FIELD SURVEY CONTROL WAS BY CLOSED TRAVERSE LOOPS, MINIMUM CLOSURE OF LOOPS WAS 1:22.000, IN ACCORDANCE WITH WAC 332-130-090. w 2 163RD PLACE Y r z Z 27 26 0 510 25 50 SCALE 1" = 50' LEGEND l9 MONUMENT BASIS OF BEARING WEST UNE OF THE NW1/4 PER ROS VOL 138. PG 8: REFERENCES S88'03'2YE 664.00' 1500' NORTH OF WEST 1/4 COR S 168TH ST W 03 rA ro N S Ss , s • LOT AREAS 01.0 LOT A 7,499 SO. FT. OLD LOT B 17,001 50. FT. NEW LOT A 8.499 SO. FT. NEW LOT B 16,001 SO. FT. TRANSFER AREA 1.000 SO. FT. \ \ow 4S q y INGRESS/EGRESS & -URUTIES EASEMENT FOR THE RENEW OF LOT 1 WAS 'ESTASUSHED UPON ; THE RECORDING OF .o TNIS SHORT PLAT P 0 (N8921'31'W AXED); 588'03'22'E 85 00' -I r S 88'03'22' E 75.02' R1 n PORTION OF NW 1/4, NW 1/4, S.26, T. 23 N., R. 4E., W.M. BOUNDARY NOTE THIS SURVEY IS BASED UPON THE LEGAL DESCRIPTION CONTAINED WITHIN A 1111E REPORT PROVIDED BY PACIFIC NORTHWEST TITLE COMPANY, OROER NO. 634551. INC BOUNDARY CORNERS AND UNES DEPICTED ON THIS MAP ARE PER RECORD TITLE INFORMATION AND REPRESENT DEED UNES ONLY. THESE UNES DO NOT PURPORT TO SHOW OWNERSHIP UNES THAT MAY OTHERWISE BE DETERMINED BY A COURT OF LAW. L-80.77 R-255.00 A 18'08'53' — - N887D3'2'W 91.45' 10' NEW LOT A LOT UNE 15.85' 66 Aom TL. HOUSE.25' — L_L. _-I — BUILDING 7- — L -UNF SETBACK S88'0322'185.00' I W LINE \ W O W \\ \LOT LINE S LOT B \ \ I p \--8 z 10' \ Hs '. \ W -_16:LU2_- \ \ house DP S88'03'222 160.02' PRIVATE 10' SANITARY SEWER ES/AT FOR THE BENEFIT OF LOT 2 OF THIS SHORT PLAT PER RECORDING NO. 20020813000327 BUILDING SETBACK UNE { APPROVALS TUKWILA SHORT SUBDIVISION COMMITTEE APPROVAL Reviewed and approved by the Short Subdivision committee and hereby certified for Mktg this 28'ro day of Fes itvh.kf • 200y LA - Char. Short Subdivision Committee -KING COUNTY HEALTH DEPARTMENTS APPRQYAC (This is - required If lots are served by ;IOptic systems: ) Examined and approved by th --.•the-King County Health Department this doy' of 20_ . CITY TREASURER'S CERTIFICATE equired If land is to be ,eoicated to the C There are no delinp assessments on any o! th alleys or for other public use Examined • • appro Finance Departmen • Is _ day of special assessmen , and all special rop..rty •t Is dedicated as streets, aid in full. the City o1 Tukwila 20 Finance Director COUNTY TREASURER'S CERTIFICATE I certify that all property taxes are paid and that o deposit has been mode in sufficient amount to pay the taxer for the following year, that there are no delinquent special assessments certified to this office for collection: and that all special assessments on uny of the property herein dedicated as streets, alleys. or for other pubi: use are paid in full. This —doy of 20 Deptuty King County Treaserre King County Treasurer VICINITY MAP NTS RECORDER "S CERTIFICATE FILED FOR RECORD THIS DAY OF' 20 AT ....M IN BOOK OF AT PAGE AT THE REQUEST OF WILLIAM SHUPE HOLMBERG JNAGER SUPT. OF RECORDS LAND SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF ..T,r.+.X...1?Fatir) IN. i 20g. i CERTIFICATE NO. 11332 BOUNDARY LINE ADJUSTMENT FOR TONY PHAM Baima & Holmberg Inc._ ENGINEERS & SURVEYORS 100 PROM STREET SOUTH ISSAQUAH. WASHINGTON 98027 (425) 392 - 0280 CHKD. BY m9, WSH SCALE 1'=50' SHEET 1 OF 2 CITY OF TUKWILA, WASHINGTON BOUNDARY LINE ADJUSTMENT NO. L06-084 LEGAL DESCRIPTIONS BEFORE ADJUSTMENT LOT A - TAX PARCEL NO. 537920-0204 LOT 2, TUKWILA SHORT PLAT 1_2000-078, RECORDED UNDER RECORDING NUMBER 20020917-900004, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST OUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS. EGRESS AND UTIUTIES AS DEUNEATED ON THE FACE OF SAID PLAT AND RECORDED UNDER RECORDING NUMBER 20020628001691. LOT B - TAX PARCEL NO. 537920-0202 BEGINNING AT THE WEST QUARTER CORNER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE ALONG THE WEST UNE OF SAID SECTION NORTH 014'13' WEST 1400 FEET; THENCE SOUTH 8921'31' EAST 664 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 014'13' WEST 200 FEET; THENCE SOUTH 892'31' EAST 160 FEET TO THE NORTHWEST CORNER OF LOT 1, SILVERVIEW, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 135 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; THENCE ALONG THE WEST UNE OF LOTS 1. 2 AND 3 OF SILVERVIEW, SOUTH 0'09'30' EAST 200 FEET; THENCE NORTH 8921'31' WEST 160 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 100 FEET OF THE WEST 150 FEET THEREOF; (BEING KNOWN AS A PORTION OF TRACT 22, BLOCK 2, MCMICKEN HEIGHTS DIVISION NO. 1, ACCORDING TO THE UNRECORDED PLAT THEREOF); TOGETHER WITH AN EASEMENT FOR VEHICULAR, FOOT AND UTILITIES OVER AND ACROSS THE FOLLOWING DESCRIBED REAL ESTATE: BEGINNING AT THE WEST QUARTER CORNER OF SECTION 26, TOWNSHIP 23 .NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE ALONG THE WEST UNE OF SAID SECTION NORTH 01413' WEST 1400 FEET; THENCE SOUTH 89'21'31' EAST 664 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 014'13' EAST 76.67 FEET TO THE CENTER UNE OF SOUTH•164TH STREET IN PLEASANT HEIGHTS NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 23 OF PLATS, PAGE 71, IN KING COUNTY, WASHINGTON; THENCE SOUTH 8921'31' EAST 20 FEET; THENCE NORTH 014'13' WEST 76.67 FEET TO A POINT SOUTH 8921'31' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 8921'31' WEST 20 FEET TO THE TRUE POINT OF BEGINNING;' (BEING KNOWN AS A PORTION OF LOT 21, BLOCK 2, MCMICKEN HEIGHTS DIVISION NO. 1, ACCORDING TO THE UNRECORDED PLAT THEREOF). TRANSFER AREA LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST OUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST. W.M., CITY OF TUKWILA, KING COUNTY WASHINGTON DESCRIBED AS LYING WESTERLY OF THE WEST UNES OF LOTS 1 AND 2 OF SILVERVIEW, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 135 OF PLATS, PAGE 31, AND LUNG EASTERLY OF THE EAST LINE OF LOT 2 OF TUKWILA SHORT PLAT L2000-078 UNDER REC. NO. 20020917900004, AND LYING BETWEEN THE EASTERLY EXTENSIONS OF BOTH THE NORTH AND SOUTH UNES OF SAID LOT 2 OF TUKWILA SHORT PLAT L2000-078, RECORDS OF KING COUNTY WASHINGTON. RECORDER'S CERTIFICATE FILED FOR RECORD THIS DAY OF 20 AT ....M :1 IN BOOK OF AT PAGE AT THE REQUEST OF WILUAM SHUPE HOLMBERG MANAGER SUPT. OF RECORDS LAND SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF ....T('tL`(.X..N..Iid!9... IN...R.LCT 20.11).1. LO CERTIFICATE NO. 117-, RECORDING NO. VOL /PAGE SCALE: NTS PORTION OF NW 1/4, NW 1/4, S.26, T. 23 N., R. 4E., W.M. LEGAL DESCRIPTIONS AFTER ADJUSTMENT LOT A - TAX PARCEL NO. 537920-0204 LOT 2, TUKWILA SHORT PLAT 12000-078, RECORDED UNDER RECORDING NUMBER 20020917-900004, BEING A PORTION OF THE NORTHWEST OUARTER OF THE NORTHWEST OUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS. EGRESS AND UTIUTIES AS DELINEATED ON NE FACE OF SAID PLAT AND RECORDED UNDER RECORDING NUMBER 20020628001691. TOGETHER WITH THE FOLLOWING DESCRIBED AREA: THAT PORTION OF THE NORTHWEST OUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST. W.M.• CITY OF TUKWILA, KING COUNTY WASHINGTON DESCRIBED AS LUNG WESTERLY OF THE WEST UNES OF LOTS 1 AND 2 OF SILVERVIEW, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 135 OF PLATS, PAGE 31, AND LYING EASTERLY OF NE EAST LINE OF LOT 2 OF TUKWILA SHORT PLAT L2000-078 UNDER REC. NO. 20020917900004, AND LYING BETWEEN THE EASTERLY EXTENSIONS OF BOTH THE NORTH AND SOUTH UNES OF SAID LOT 2 OF TUKWILA SHORT PLAT 12000-078• RECORDS OF KING COUNTY WASHINGTON. LOT B - TAX PARCEL NO. 537920-0202 BEGINNING AT THE WEST QUARTER CORNER OF SECTION 26, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE ALONG THE WEST UNE OF SAID SECTION NORTH 014'13" WEST 1400 FEET; THENCE SOUTH 8921'31" EAST 664 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTH 014'13' WEST 200 FEET; THENCE SOUTH 892'31' EAST 160 FEET TO THE NORTHWEST CORNER OF LOT 1, SILVERVIEW, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 135 OF PLATS, PAGE 31, IN KING COUNTY, WASHINGTON; THENCE ALONG THE WEST LINE OF LOTS 1, 2 AND 3 OF SILVERVIEW, SOUTH 0'09'30' EAST 200 FEET; THENCE NORTH 8921'31' WEST 160 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THE NORTH 100 FEET OF THE WEST 150 FEET THEREOF; ALSO EXCEPT THE FOLLOWING AREA: THAT PORTION OF THE NORTHWEST OUARTER OF THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY WASHINGTON DESCRIBED AS LYING WESTERLY OF THE WEST UNES OF LOTS 1 AND 2 OF SILVERVIEW, ACCORDING TO NE PLAT THEREOF RECORDED IN VOLUME 135 OF PLATS. PAGE 31, AND LYING EASTERLY OF THE EAST UNE OF LOT 2 OF TUKWILA SHORT PLAT 12000-078 UNDER REC. NO. 20020917900004, AND LYING BETWEEN THE EASTERLY EXTENSIONS OF BOTH THE NORTH AND SOUTH UNES OF SAID LOT 2 OF TUKWILA SHORT PLAT L200D-078, RECORDS OF KING COUNTY WASHINGTON. (BEING KNOWN AS A PORTON OF TRACT 22, BLOCK 2, MCMICKEN HEIGHTS DIVISION NO. 1, ACCORDING TO THE UNRECORDED PLAT THEREOF); TOGETHER WITH AN EASEMENT FOR VEHICULAR, FOOT AND UTUTIES OVER AND ACROSS THE FOLLOWING DESCRIBED REAL ESTATE BEGINNING AT THE WEST OUARTER CORNER OF SECTION 26, TOWNSHIP 23 NORTH. RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON; THENCE ALONG THE WEST UNE OF SAID SECTION NORTH 014'13' .WEST 1400 FEET; THENCE SOUTH 8921'31' EAST 664 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 014'13' EAST 76.67 FEET TO THE CENTER UNE OF SOUTH 164TH STREET IN PLEASANT HEIGHTS NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 23 OF PLATS, PAGE 71, IN KING COUNTY, WASHINGTON; THENCE SOUTH 8921'31' EAST 20 FEET; THENCENORTH 014'13' WEST 76.67 FEET TO A POINT SOUTH 8921'31' EAST FROM THE TRUE POINT OF BEGINNING; THENCE NORTH 89'21'31' WEST 20 FEET TO THE TRUE POINT OF BEGINNING; (BEING KNOWN AS A PORTION OF LOT 21, BLOCK 2, MCMICKEN HEIGHTS DIVISION NO. 1, ACCORDING TO THE UNRECORDED PLAT THEREOF). BOUNDARY LINE ADJUSTMENT FOR TONY PHAM Baima & Holmberg Inc. a Rea Ilk o .y IQ 1:81210 ;�'AI LOD CHKD. BY ,44113PIRES u/so/oeo, WSH ENGINEERS & SURVEYORS 100 FRONT STREET SOUTH ISSAQUAH, WASHINGTON 98027 (425) 392 - 0250 DWN. BY " MM DATE 10-4-06 REV 2-12-07 JOB NO. 2501-001 DWG NO. 2501-1BLA SCALE NTS SHEET 2 OF 2 u:\54.J •1.,-w. Sow;..:, I•id.wo•rg