HomeMy WebLinkAbout1994 - Deed of Trust - La Pianta / Segale Mario / Transamerica Title - 9412300691s -
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Title Services
After recording, mail to:
perkins Coie
1201 Third Avenue, 40th Floor
Seattle, WA 98101-3099
Attention: Carol A. Kirby
Transamellca
T,IIu Insurance Company
SHORT FORM
DEED OF TRUST
Seorale Business Park
• 10hth Ave.
THIS DEED OF TRUST is made this q day of December , 19 94,
BETWEEN IA PIANLA LitffTED PARISZERSHIP, a Washington limited partnership,
as Grantor,
whose address is 18010 Southcenter- Parkway, T1,slewila, ilk 98188
and T'RAIZSAKERICA TITLE II35IJRAt CY1`'IPANY , as Trustee,
whose address is 1200 Sixth Avenue, Suite 100, Seattle, WA 98101
property and estate
and W.P.I0 A. SE ALE. a Parried man dealing with reswet.t. to his separate/ , as Beneficiary,
whose address is 18010 Southcenter Parkway, Ttskwei.la, t 98188
Grantor hereby irrevocably grants, bargains. sells and conveys to T sstee in taut, with power of sale, the following described
property in King County, Washington:
See EXHIBIT A attached to and made a part of this Deed of Trust by this reference.
Beneficiary has undertaken and agreed to pay all principal and interest as such become due and to pay any
other sums required by certain prior promissory notes secured by certain prior deeds of trust or mortgages as
more fully set forth in the note secured by this Deed of Trust. Additional provisions are set forth
on Exhibit B attached to and by this reference made a part of this Agreement.
TOGETHER WITH all the tenements, hereditaments and appurtenances, now or hereafter [hereunto belonging or in
anywise appertaining, and the rents, issues and profits thereof and all other property or rights of any kind or nature what-
soever further set forth in the Master Deed of Trust hereinafter referred to, SUBJECT, HOWEVER, to the right, power and
authority hereinafter given to and conferred upon Beneficiary to collect and apply such rents. issues and profits.
tip THIS DEED IS FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of Grantor incorporated
C by reference or contained herein and payment of the sum of Twenty—six Million One Hundred Ninety
CCD Thousand and No/100
DOLLARS
t1
Cr)
(s 26.190, 000.00 } with interest thereon according to the terms of a promissory note of even date herewith,
payable to Beneficiary or order and made by Grantor; all renewals, modifications or extensions
thereof. This Deed of Trust secures all advances made by Beneficiary under its terms or
under the terms of the Note which it secures.
By exeeutirig and delivering this Deed of Trust and the Note secured hereby. the parties agree that all provisions of
Paragraphs 1 through 35 inclusive of the Master Form Deed of TYust hereinafter referred to, accept such paragraphs as are
specifically excluded or modified herein, are hereby incorporated herein by reference and made an integral pan hereof for
all purposes the same as if set forth herein at length. and the Grantor hereby makes said covenants and agrees to fully per-
form all of said provisions. The Master Form Deed of Trust above referred to was recorded on the twenty-fifth (25th) day
of July, 1968, in the Official Records of the offices of the County Auditors of the following counties in Washington in the
book. and at the page designated after the name of each county. to -wit:
MANTON% AIOROas
COINTY 11001 OR VOL PAGE NO rile NO. CO4I7rrY 110010a VOL MCI NO FILL NO.
Ade.e. 1 of Record. I..,o 111.111 113111 leek. 7 of COON Roc iisUr iN1112
Ow.) NIe,unlow Vedas hA..or1 No 101111 1emtl1 107 o1 M0ny,n
Moro. 1a1 01 OIrcW lac 1914C 1/11)1 Moore 1.t/111 root/1177IH 1)1011
C1uun 1Y or O100W floc. 1Y7.1M7 411/M OUr.q.e 111 of 104014447 111.11.A 100414
Melon 313 01 Ofrn01 Stec 1/1•,M )U17/ Plano 31) of OfrW .1111-/11 11.01
Club hod. µnoryro No 101139.70E511 G71111) Prod 001111. 17 of 91117. 111 110114
Co1.ob1 410 ONLY 1911-141 1•1111 P,erce 111e o1 M1/, 70- 710 1:10.71
CO.In, 741 of orraaw Ile. 134711 171171 San 111A 3101 MI 1 arc IGr) 1)/-M3 00:11
170u/.W t23 of Mon111e Saµn I►of olr 130411 111191 11.)•7
hn1 21 of Deal: 1U-1N 171170 3W*.nu 170)MIµ o1.w 701/1
„one)) 11 01 0790.1 Roo. 11F111 7014)0 2.000.euL 3)1 of O(r. 10 Mc )b101 1M1)1.
Ono. M.nofJM 10c. h.41u11b 110Y 11.000. l0pi. 10(14114e I11.1011 )11.111
Oren) of Ric wel I31J11 )1Ua) i...f11 IMuf M0``b. 1fa)/7 711111
G,.7. 14tMo 11 orfhoof 1 11-71 201144 77ueow. 1H o10111aa1 R,'c 1147M 711110
1aeM 1110l 170.1 ace 7I0.11) 311111 M1WIo11 17of Monµi77 17.11 1a1)1
RINr,On 1 or OfncW 7YC ).07111 11µ71 MJ11114 of or Mi` 711.11• 111731
4,71
Rog 1of 0l MI{f 11v1/) 1)11-1X0174770 MM11.,n 1301 el ri.Nue 0eC 11).1)1 1a 1
Cowe ►7101 ol7loel 0.e 1q+1 /)c710 wl.0nun 1 0) Muc 1/1.JM
Cowes 111 0f Mw1/1aw HI.1M 34M/) r11M Moe 0fh:,11 lee 117-1)0 11701.)
a9AOM 1O1 of M0rt111q )01.110 1)10/1
A copy of such Master Form Deed of Trust is hereby furnished to the person executing this Deed of Trust and by ex•
ecuting this Deed of Trust the Grantor acknowledges receipt of such Master Form Deed of Trust.
The property which is the subject of this Deed of Trust is not used principally or primarily for agricultural or farming
purposes. 00.2i
LPa No. 20
WC 900 5080338 !UMW 0MI)I IN 001E9160 f690-0CF1/6
F.,rm N., \C-1
Page itvo
The undersigned Grantor requests that a copy of any Notice of Default and of any Notice of Sale hereunder be mailed
to him at the address herinbefore set forth.
Section 5 of the Master Form Deed of Trutt is hereby modified to specify a tate charge of five ants ($.OS) in lieu of a late charge
of two cents (102) for each dollar as liquidated damages. Section 13 of the Master Form Deed of Trust is hereby [modified to
specify an interest rate of twelve percent (12%) in lieu of an interest rate of ten percent (10%). In all other respects both of said
Sections•3 and 13 of the Master Form Deed of Trust arc cenfirmed. if all or arty part of the property or an interest therein is
sold or transferred by Grantor without Beneficiary's prior written consent, Beneficiary may, at Beneficiary's option. declare all
the sums secured by this Deed of Trust to be immediately due and payable.
WITNESS the hand(s) and seal(s) of the Grantor(s) on the day and year first above written.
IA PIANM LIMITED PAF> NIZTISHIP, a Washington
1-1 limited pa,xtnership
C.4 i3y METRO LAND DCVBiD>•QIN1', WC.. a
Qv Washington oorpo tion, its General.
c`� 1 nrtncr
,may ray Los/. tip
STATE OF WASHINGTON) Name: • regale
Title: President
) ss.
COUNTY OF KING )
On this o2 `l day of December, 1994, before me, the undersigned, a Notary
Public in and for the State of Washington, duly cornsnissioned and sworn, personally
appeared M.A. Segale, to me known to be the person who signed as President of
METRO LAND DEVELOPMENT. INC.. the corporation that executed the within
and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation for the uses and purposes therein
mentioned, and on oath stated that he was duly elected, qualified and acting as said
officer of the corporation, that he was authorized to execute said instrument and that
the seal affixed, if any, is the corporate seal of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the
day and year first above written.
(Signature of Mary) V/
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the Sate
of Washington, residing at / T
My Appointment Expires: i_/i fI7
REQUEST FOR FULL RECONVEYANCE
To be used only when all obligations have been paid under the note and this deed of trust.
TO: TRUSTEE.
The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of
Trust. Said note, together with all other indebtedness secured by said Deed of Trust. has been fully paid and satisfied; and
you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of trust,
to cancel said note above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered to you
herewith, together with the said Deed of 'Rust. and to reconvey, without warranty, to the parties designated by the terms
of said Deed of Trust, all the estate now held by you thereunder.
Dated • 19
Mail reconveyance to
EXHIBIT A
PARCEL 1:
LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 86-45-SS, ACCORDING TO THE
SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8609081152;
(ALSO BEING KNOWN AS LOT 1 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT
NO. 93-0085, RECORDED UNDER RECORDING NO. 9311301961);
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 2:
LOT 2 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, AS PER
BOUNDARY LINE ADJUSTMENT RECORDED UNDER KING COUNTY RECORDING NO.
9311301961, BEING A PORTION 0i LOT 2 OF CITY OF TUKWILA SHORT PLAT NO.
86-45-22, RECORDED UNDER KING COUNTY RECORDING NO. 8609081152;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 3:
LOT 4 OF CITY OF TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, AS PER
BOUNDARY LINE ADJUSTMENT RECORDED UNDER KING COUNTY RECORDING NO.
9311301961, BEING A PORTION OF LOTS 2 THROUGH 4 OF CITY OF TUKWILA
SHORT PLAT NO. 86-45-SS, RECORDED UNDER KING COUNTY RECORDING NO.
8609081152;
'-1
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
CA
O t'7 PARCEL 4:
M LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED UNDER KING
COUNTY RECORDING NO. 8505090619;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 5:
LOT 2 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED UNDER RING
COUNTY RECORDING NO. 8505090619;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 6:
LOT 3 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED UNDER RING
COUNTY RECORDING NO. 8505090619;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF RING, STATE OF WASHINGTON.
Ex. A - p. 1
• .
PARCEL 7:
LOT 4 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-22, RECORDED UNDER KING
COUNTY RECORDING NO. 8505090619;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 8:
THAT PORTION OF GOVERNMENT LOT 5 AND OF SOUTHWEST 1/4 OF THE NORTHEAST
1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., DESCRIBED AS
FOLLOWS:
BEGINNING AT A MONUMENT AT NORTHEAST CORNER OF SAID SOUTHWEST 1/4 OF
NORTHEAST 1/4;
THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 956.67 FEET TO A
POINT OF CURVE;
THENCE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 2500 FEET THROUGH A
CENTRAL ANGLE OF 05 DEGREES 22 MINUTES 20 SECONDS, AN ARC DISTANCE OF
234.41 FEET;
THENCE NORTH 76 DEGREES 52 MINUTES 44 SECONDS WEST 30 FEET TO TRUE
POINT OF BEGINNING;
THENCE NORTH 69 DEGREES 15 MINUTES 04 SECONDS WEST 55.31 FEET;
THENCE NORTH 30 DEGREES 55 MINUTES 15 SECONDS WEST 56.43 FEET;
THENCE NORTH 82 DEGREES 15 MINUTES 04 SECONDS WEST 185.24 FEET;
THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 51.23 FEET;
THENCE ALONG A CURVE TO THE RIGHT RADIUS 447.465 FEET THROUGH C/A OF
13 DEGREES 00 MINUTES 00 SECONDS ARC DISTANCE OF 106.33 FEET;
THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 396 PEET;
THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 180 FEET;
THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 15 FEET;
THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 85.77 FEET;
THENCE ALONG A CURVE TO THE LEFT RADIUS 2470 FEET THROUGH CENTRAL
ANGLE OF 13 DEGREES 22 MINUTES 12 SECONDS, ARC DISTANCE OF 576.38 FEET
TO TRUE POINT OF BEGINNING;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 9:
THAT PORTION OF THE ABANDONED BED OF THE GREEN RIVER WHICH ADJOINS AND
LIES BETWEEN THE SOUTHERLY EXTENSIONS OF THE SOUTHWESTERLY AND
EASTERLY LINES OF LOT 4 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS,
RECORDED UNDER KING COUNTY RECORDING NO. 8505090619, AND LIES
NORTHERLY OF SAID RIVER;
TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 2 AND OF THE ABANDONED
BED OF THE GREEN RIVER, WHICH ADJOINS, LYING SOUTHERLY OF SOUTH 18OTH
STREET, WESTERLY OF THE GREEN RIVER AND EASTERLY OF LOT 4 OF CITY OF
TUKWILA BOUNDARY LINE ADJUSTMENT NO. 93-0085, RECORDED UNDER KING
COUNTY RECORDING NO. 9311301961;
Ex. A - p. 2
TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 6, WHICH LIES EASTERLY OF
AND ADJOINS LOT 1 OF CITY OF TUKWILA SHORT PLAT NO. 85-19-SS, RECORDED
IN KING COUNTY RECORDING NO. 8505090619;
AND TOGETHER WITH THAT PORTION OF GOVERNMENT LOT 5 AND OF THE
ABANDONED BED OF GREEN RIVER ADJOINING WHICH LIES SOUTHERLY OF SAID
LOT 4 OF THE BOUNDARY LINE ADJUSTMENT, EASTERLY OF LOT 1 OF SAID SHORT
PLAT AND NORTHERLY OF THE GREEN RIVER;
ALL IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST W.M.;
EXCEPT THAT PORTION THEREOF DESCRIBED AS:
BEGINNING AT A MONUMENT AT THE NORTHEAST CORNER OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST;
THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 956.67 FEET TO A
POINT OF CURVE;
THENCE ALONG A CURVE TO THE RIGHT RADIUS 2500 FEET THROUGH CENTRAL
ANGLE OF 05 DEGREES 22 MINUTES 20 SECONDS AN ARC DISTANCE OF 234.41
D7 FEET;
1.0 THENCE NORTH 76 DEGREES 52 MINUTES 44 SECONDS WEST 30 FEET TO TRUE
POINT OF BEGINNING;
THENCE NORTH 69 DEGREES 15 MINUTES 04 SECONDS WEST 55.31 FEET;
1-1 THENCE NORTH 30 DEGREES 55 MINUTES 15 SECONDS WEST 56.43 FEET;
THENCE NORTH 82 DEGREES 15 MINUTES 04 SECONDS WEST 185.24 FEET;
THENCE SOUTH 07 DEGREES 44 MINUTES 56 SECONDS WEST 51.23 FEET;
p) THENCE ALONG A CURVE TO THE RIGHT RADIUS 447.465 FEET THROUGH CENTRAL
ANGLE OF 13 DEGREES 00 MINUTES 00 SECONDS ARC DISTANCE OF 108.33 FEET;
THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 396 FEET;
THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 180 FEET;
THENCE SOUTH 20 DEGREES 44 MINUTES 56 SECONDS WEST 15 FEET;
THENCE SOUTH 69 DEGREES 15 MINUTES 04 SECONDS EAST 85.77 FEET;
THENCE ALONG A CURVE TO THE LEFT RADIUS 2470 FEET THROUGH CENTRAL
ANGLE OF 13 DEGREES 22 MINUTES 12 SECONDS AN ARC DISTANCE OF 576.38
FEET TO TRUE POINT OF BEGINNING OF SAID EXCEPTION;
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF WASHINGTON.
PARCEL 10:
THAT PORTION OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,
TOWNSHIP 23 NORTH, RANGE 4 EAST W.M., LYING EASTERLY OF SOUTHCENTER
PARKWAY (57TH AVENUE SOUTH);
EXCEPT PORTION THEREOF INCLUDED WITHIN THE FOLLOWING DESCRIBED TRACT:
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION 35;
THENCE ALONG THE NORTH LINE THEREOF SOUTH 88 DEGREES 54 MINUTES 46
SECONDS EAST 247.29 FEET;
THENCE SOUTH 05 DEGREES 51 MINUTES 40 SECONDS EAST 142.26 FEET;
THENCE SOUTH 54 DEGREES 52 MINUTES 45 SECONDS WEST 203.79 FEET;
THENCE SOUTH 29 DEGREES 26 MINUTES 45 SECONDS WEST 159.30 FEET;
THENCE SOUTH 86 DEGREES 58 MINUTES 00 SECONDS WEST 103.76 FEET;
THENCE SOUTH 58 DEGREES 20 MINUTES 50 SECONDS WEST 100.50 FEET TO A
POINT ON THE CENTER OF THE ROAD;
Ex. A - p. 3
�
THENCE FOLLOWING THE CENTER LINE OF SAID ROAD NORTH OB DEGREES 43
MINUTES 18 SECONDS EAST 467.77 FEET TO A POINT ON THE NORTH LINE OF
THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION FROM WHICH THE
NORTH EAST CORNER THEREOF BEARS SOUTH 88 DEGREES 53 MINUTES 32 SECONDS
EAST 101.47 FEET;
THENCE SOUTH 88 DEGREES 53 MINUTES 32 SECONDS EAST 101.47 FEET TO THE
TRUE POINT OF BEGINNING;
AND EXCEPT THAT PORTION DESCRIBED AS:
BEGINNING AT THE NORTHEAST
THENCE NORTH 88 DEGREES 53
LINE THEREOF, 101.47 FEET;
THENCE SOUTH 08 DEGREES 43
THENCE SOUTH 17 DEGREES 59
TRUE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 17
FEET;
THENCE SOUTH 71 DEGREES 43
THENCE NORTH 16 DEGREES 28
THENCE NORTH 71 DEGREES 43
TRUE POINT OF BEGINNING;
CORNER OF SAID SUBDIVISION;
MINUTES 32 SECONDS WEST ALONG THE NORTH
MINUTES
MINUTES
DEGREES
MINUTES
MINUTES
MINUTES
18 SECONDS
30 SECONDS
59 MINUTES
40 SECONDS
50 SECONDS
40 SECONDS
WEST 477.17 FEET;
WEST 247.69 FEET TO THE
30 SECONDS WEST 151.00
EAST 203.51 FEET;
EAST 151.08 FEET;
WEST 199.53 FEET TO THE
AND EXCEPT THAT PORTION INCLUDED WITHIN LOT 1 OF CITY OF
PLAT NO. 85-19-$S, RECORDED IN KING COUNTY RECORDING NO.
SITUATE IN THE CITY OF TUKWILA, COUNTY OF KING, STATE OF
TUKWILA SHORT
8505090619;
WASHINGTON.
THE PERIMETER DESCRIPTION OF 'IRE ABOVE DESCRIBED PARCELS IS AS FOLLLX+7S :
THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; AND THAT PORTION OF THE
SOUTHEAST QUARTEP. OF THE NORTHWEST QUARTER LYING EASTERLY OF THE ANNA
MESS COUNTY ROAD; ALL IN SECTION 35, TOWNSHIP 23 NORTH, RANGE 5 E., W.M.;
EXCEPT COUNTY ROAD; AND EXCEPT THAT PORTION THEREOF INCLUDED WITHIN THE
FOLLOWING DESCRIBED TRACT:
•
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 35; THENCE ALONG THE NORTH LINE
THEREOF SOUTH 88'54'46" EAST 247.29 FEET; THENCE SOUTH 5°51'40" EAST 142.26
FEET; THENCE SOUTH 54'52'45" WEST203.79 FEET; THENCE SOUTH 29'26'45' WEST
159.30 FEET; THENCE SOUTH 86'58'00' WEST 103.76 FEET; THENCE SOUTH
58'20'50' WEST 100.50 FEET TO A POINT ON THE CENTER OF THE ROAD; THENCE
FOLLOWING THE CENTER LINE OF SAID ROAD NORTH 8'43'18' EAST 467.77 FEET
TO A POINT ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION FROM WHICH THE NORTHEAST CORNER
THEREOF BEARS SOUTH 88'53'32' EAST 101.47 FEET; THENCE SOUTH 88`53'32'
EAST 101.47 FEET TO THE POINT OF BEGINNING; AND EXCEPT
Ex. A -p. 4
9412300691
THAT PORTION OF THE SOUTH WEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 E.W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH LINE OF SAID SUBDIVISION DISTANT
SOUTH 88'54'46' EAST 449.30 FEET FROM THE NORTHWEST CORNER THEREOF;
THENCE NORTH 88'54'46' WEST ALONG SAID NORTH LINE 202.01 FEET; THENCE
SOUTH 5'51'40' EAST 142.26 FEET; THENCE SOUTH 54'52'45' WEST 203.79 FEET;
THENCE SOUTH 29'26'45' WEST 159.30FEET;THENCE SOUTH 88'54'46' EAST 424.89
FEET TO A POINT FROM WHICH THE POINT OF BEGINNING BEARS NORTH 1'05'14'
EAST; THENCE NORTH 1'05'14' EAST 401.77 FEET TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THE COUNTY ROAD; AND EXCEPT A PORTION OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP
23 NORTH, RANGE 4 1:.W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH
88'53'32' WEST ALONG THE NORTH LINE THEREOF, 101.47 FEET; THENCE SOUTH
8'43'18' WEST 477.17 FEET; THENCE SOUTH 17'59'30' WEST 247.69 FEET TO THE•
TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 17'59'30' WEST 151.00
FEET; THENCE SOUTH 71'43'40" EAST203.51 FEET; THENCE NORTH 16'28'50' EAST
151.08 FEET; THENCE NORTH 71'43'40' WEST 199.53 FEET TO THE TRUE POINT OF
BEGINNING; EXCEPTING THEREFROM THE COUNTY ROAD.
TOGETHER WITH:
ALL OF GOVERNMENT LOT FIVE (5), AND THAT PORTION OF GOVERNMENT LOT
SIX (6) LYING EASTERLY OF THE EXISTING COUNTY ROAD WHICH EXTENDS IN A
NORTHEASTERLY DIRECTION OVER AND ACROSS SAID GOVERNMENT LOT 6, ALL
1N SECTION THIRTY-FIVE (35), TOWNSHIP TWENTY-THREE (23) NORTH, RANGE
FOUR (4) E.W.M.; EXCEPT THEREFROM THAT PORTION OF SAID GOVERNMENT
LOT 6, LYING EASTERLY OF SAID ROAD AND SOUTHWESTERLY OF A LINE
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHEASTERLY
MARGIN OF SAID ROAD WHICH POINT IS MARKED BY AN IRON PIPE, AND FROM
WHICH POINT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS
SOUTH 0'58'10' WEST 313.17 FEET, AND NORTH 89'01'50* WEST505.54 FEET, SAID
DISTANCES BEING MEASURED, RESPECTIVELY, AT RIGHT ANGLES TO AND ALONG
THE SOUTH BOUNDARY Li NE OF SAID GOVERNMENT LOT; AND RUNNING THENCE
SOUTH 67'36'00- EAST 380.45 FEET TO AN IRON PIPE; THENCE CONTINUING SOUTH
67'36'00' EAST 50 FEET, MORE OR LESS, TO THE BANK OF GREEN RIVER.
TOGETHER WITH:
THAT PORTION OF GOVERNMENT LOT 2, IN SECTION 35, TOWNSHIP 23 NORTH,
RANGE 4 EAST, W.M., LYING WEST OF THE GREEN RIVER.
EXCEPT:
THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
Esc. A — p. 5
9412300691
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE SOUTH 87'50'09' EAST
ALONG THE NORTH LINE THEREOF.449.30 FEET; THENCE SOUTH 02'09'51' WEST,
36.00 FEET TO THE SOUTH MARGIN OF SOUTH 180TH STREET AND THE TRUE
POINT OF BEGINNING; THENCE SOUTH 87'50'09' EAST ALONG SAID SOUTH
MARGIN, 786.92 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 95'35'05', AN ARC DISTANCE OF
83.41 FEET; THENCE SOUTH 07'44'56' WEST, 348.56 FEET; THENCE NORTH 87'50'09-
WEST, 802.76 FEET; THENCE NORTH 02'09'51' EAST, 401.77 FEET TO THE TRUE
POINT OF BEGINNING.
BEING LOT 3 OF CITY OF TUKWJLA BOUNDARY LINE ADJUSTMENT FILE NO. 93•
0085, RECORDED UNDER KING COUNTY AUDITOR'S FILE NO. 931130-1961.
Esc. A — F. 6
* -
9412300691
Segale Business Park
EXHIBIT B
I. Prior Notes and Prior Liens
This Deed of Trust and the Note that it secures ("the Notc") are subordinate to
certain Promissory Notes ("Prior Notes") and Deeds of Trust or Mortgages ("Prior
Liens") as described on EXHIBIT A attached to the Note. As part of the
consideration for execution and delivery of the Note and this Deed of Trust,
Beneficiary has undertaken and agreed to pay each installment of principal and
interest as such becomes due under the Prior Notes and to pay any other sums
required by the Prior Notes or the Prior Liens. Notwithstanding the foregoing,
Beneficiary's liability to Grantor for the payment of the Prior Notes is limited to
application to the amounts due and payable under the Prior Notes of the amounts
received by Beneficiary under the Note, and Grantor shall be and remain fully
responsible for the performance of all covenants, agreements and undertakings
contained in the Prior Notes and Prior Liens other than those covenants requiring
payment of principal, interest or tax and insurance escrow deposits, and other than
those covenants, undertakings and agreements which can only be provided by
Beneficiary. Nothing contained herein shall in any manner give the holders of the
Prior Notes any rights as third party beneficiaries with respect to the obligations of
Beneficiary hereunder. Beneficiary shall not modify or amend any Prior Note or any
document creating or evidencing any Prior Lien in such a way as to increase the
principal balance, increase the interest rate or lengthen the term of any Prior Note or
Prior Lien. Grantor shall not make any payments required by the terms of the Note to
the holder(s) of any Prior Note(s) except as expressly permitted below with respect to
defaults by Beneficiary.
2. Defaults Under Prior Notes or Prior Liens
(a) Defaults by Beneficiary
If a default should occur under any Prior Note or Prior Lien, where the default
is caused by Beneficiary, then notwithstanding the fact that Grantor has paid the
principal and interest installments and tax and insurance escrows (if any) required
under the Note, Grantor shall be entitled to take any and all action which in its
judgment is necessary or advisable to cure or avoid an event of default under any
Prior Note or Prior Lien or to bring any Prior Note current as to principal and interest
payments. In the event Grantor shall elect to cure or avoid such an event of default,
Grantor shall be entitled, at its sole election, to credit any amount expended to cure or
avoid the event of default against the next maturing installment of principal and/or
interest or against the outstanding principal of the Note. No exercise by Grantor of its
rights under this Section shall affect Grantor's obligations to Beneficiary under the
EXI IIBr r B
108918-0730/S B943620.045H.I
PAGE
12/28194
terms of the Note or this Deed of Trust except as expressly provided in the foregoing
sentence. Grantor shall have no right or obligation to assume any Prior Note.
(b) Defaults by Grantor
If a default should occur under any Prior Note or Prior Lien, where the default
is caused by Grantor, then Beneficiary shall be entitled to take any and all action
which in its judgment is necessary or advisable to cure the default.
(c) Notices
Beneficiary shall give prompt notice to Grantor of any default under any Prior
Note or Prior Lien, whether caused by Grantor or Beneficiary.
(d) Hold Harmless
The party that causes any default under any Prior Note or Prior Lien shall be
vot
responsible for repayment of all sums advanced by the other party to cure the default
together with interest at the rate of twelve percent (12%) per annurn from the date(s)
such sums were advanced, and of all other costs and fees incurred by the non-
defaulting party as a result of the default, including without limitation reasonable
-1 attorneys' fees and costs.
3. Prepayment Rights
(a) Grantor shall be entitled to prepay at any time, without payment
of any fee or penalty, in part or whole the amount by which the outstanding principal
balance of the Note exceeds the then outstanding principal balances of the Prior
Notes, and in the event such excess is paid in full, the Note shall be canceled and of
no further force and effect and this Deed of Trust shall be released or discharged of
record at the expense of Grantor; provided, however, that following such payment, the
Property shall remain subject to the Prior Liens and any other instrument securing
payment of the Prior Notes, and Beneficiary shall have, from that time forward, no
further obligation or liability to make the principal and interest and other payments
required by the Prior Notes or Prior Liens.
(b) Grantor shall be entitled to prepay the outstanding principal
balance of the Note beyond the amount otherwise permitted by subparagraph (a)
above (i) to the extent that any Prior Note permits a prepayment of all of the
outstanding principal balance thereof and, (ii) if such Prior Note imposes a
prepayment penalty for any such payment, Grantor tenders the funds necessary to
make such prepayment penalty and (iii) if the amount prepaid equals the entire
outstanding balance of the Prior Note plus any prepayment penalty due under its
terms. If Grantor elects to make any prepayments permitted under this subparagraph
EXHIBIT II
(0891 /-0'n0/5a943610.043p+
PAGE 2
I2/2 B/94
(b), Beneficiary shall cause the Prior Lien to be canceled and discharged of record at
the sole cost and expense of Grantor.
4. Events of Default
(a) Under the terms of the Note, an event of default shall be deemed
to arise if any of the following should occur:
(i) Grantor shall default in the payment of any principal
and/or interest payment or any other monetary amount due under the Note or
under this Deed of Trust and shall fail to cure such default within fifteen (15)
days from receipt of notice from Beneficiary that such payment is in default;
(ii) Grantor shall default in the performance of any obligation,
undertaking or covenant not relating to the payment of -money contained in the
Note or in this Deed of Trust, or there shall be a breach in any warranty not
relating to the payment of money contained in the Note or this Deed of Trust,
and shall fail to cure such default within thirty (30) days from receipt of notice
from Beneficiary of the need to effect such a cure or, if such event of default
cannot be cured within such thirty (30) day period, Grantor shall fail to
commence within such thirty (30) day period efforts to cure such default and to
continue diligently such efforts until the cure has been affected; or
(iii) A default shall occur under any Prior Lien which, if
caused by Grantor, remains uncured fifteen (15) days from receipt of notice
from Beneficiary, or otherwise is not cured within the time period(s) specified
in the documents evidencing or creating the Prior Lien.
(b) In the event one or more of the above -mentioned events of
default shall occur Beneficiary shall, at its sole option and election, be entitled to
declare the entire unpaid principal balance of, and all accrued interest on, the Note to
be immediately due and payable without reduction for the outstanding balances of the
Prior Notes, and may proceed to protect and enforce its rights either by suit in equity
and/or by action at law, or by other appropriate proceedings, whether for the specific
performance of any covenant or agreement contained in the Note or in this Deed of
Trust, or in aid of the exercise of any power or right granted by the Note or this Deed
of Trust, or may proceed to enforce the payment of the Note or enforce any other
Iegal or equitable rights of Beneficiary. Notwithstanding the foregoing, Beneficiary
shall not have the right to exercise its remedies under this Subsection (b) if (i) the
default or defaults occur(s) solely under Subsection (a)(iii) above and (ii) Grantor has
not caused the default(s) to occur, unless the holder of the Prior Lien in question has
elected to accelerate the debt and to foreclose the Prior Lien.
EXHIBIT o
(08918-073019 0943620.04512
PAOE 3
12/28/94