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Home My WebLink About94-047 - Holly Richard - 42nd Ave South / South 142nd Purchase AgreementA.CFILE .h__ 2 _...,,.....: DATE /Ja., REAL ESTATE PURCHASE AND SALE AGREEMENT Tukwila, Washington March 4, 1994 This contract controls the terms of sale of the property Read carefully before signing. City of Tukwila ("Purchaser") hereby agrees to purchase, and the undersigned Seller agrees to sell, the following real estate located in the City of Tukwila, County of King, State of Washington, commonly known as SW 80 feet of Lot 18, 19, and 20, and legally described as. (The parties hereto hereby authorize Cushman & Wakefield of Washington, Inc. ("Agent") to msert the correct legal descnption of the above -designated property if unavailable at tune of signing or to correct the legal descnption entered if erroneous or incomplete. TERMS OF SALE. 1 Purchase Pnce-Earnest Money Deposit. The purchase pnce is twenty-seven thousand dollars ($ 27,000.00) payable as follows. two thousand seven hundred dollars ($2,700 00) as an Earnest Money Deposit ("Deposit") which sum is in the form of cash and which Deposit, together with Agreement, shall be held by Agent in trust for the benefit of the parties hereto The balance of the purchase pnce shall be payable in all cash at closing. 2 Title Insurance. Seller shall furnish to Purchaser at Seller's expense that form of Purchaser's Policy of Title Insurance as Purchaser may choose from the Title Insurer of Purchaser's choice. As soon as reasonably possible following the opening of escrow, Purchaser shall be furnished with a Preliminary Commitment for the issuance of such a policy of title insurance covenng the subject property, together with full copies of any Exceptions set forth therein. Title of Seller is to be free of all encumbrances or defects. Encumbrances to be discharged by Seller may be paid out of the purchase money at date of closing. Purchaser shall have ten (10) days after receipt of said Preliminary Commitment within which to notify Seller and Escrow in wnting of Purchaser's disapproval of any Exceptions shown in said Preliminary Commitment; provided, however, that rights reserved in federal patents or state deeds, building or use restnctions general to the distnct (includmg but not limited to restnctions imposed by the Shoreline Management Act or similar acts), existing easements not inconsistent with Purchaser's intended use, and building or zoning regulations or provisions shall not be deemed Exceptions which Purchaser may disapprove. In the event of disapproval of any Exceptions as set forth m the Preliminary Commitment, Seller shall have until the date for closmg of escrow within which to attempt to eliminate any disapproved Exception(s) from the Policy of Title Insurance to be issued in favor of Purchaser and, if not eliminated, the escrow shall be canceled unless Purchaser then elects to waive its pnor disapproval. Failure of Purchaser to disapprove any Exceptions within the aforementioned time limit shall be deemed an approval of said Preliminary Commitment. Agent shall not be responsible for delivery of title GRD0394.710 3 Conveyance of Title -Payment of Existing Contracts. Title shall be conveyed by Statutory Warranty Deed free of encumbrances or defects except those noted in Paragraph 2. 4 Prorations. Taxes for the current year shall be prorated as of date of closing. 5 Possession. Purchaser shall be entitled to possession on date of closmg. 6 Condition of Property -Zoning. Purchaser offers to purchase the property m its present condition on an "as is" basis, except subject to Exhibit A, Item 6 7 Time for Acceptance Purchaser's offer is made subject to the acceptance of Seller on or before twelve o'clock midnight on March 5, 1994 If Seller does not accept this Agreement without modification within the time specified, this Agreement shall be null and the earnest money shall be refunded to Purchaser on demand. 8 Closing. The sale shall be closed m the office of Chicago Title on or before June 1, 1994, which shall be the termination date Purchaser and Seller shall place with the closing agent all mstruments, documents and moneys necessary to complete the sale in accordance with this Agreement. Escrow fees shall be paid one-half each by Seller and Purchaser The closing date shall be extended if the contingencies in Exhibit A are not resolved by closing. In the event contmgencies are not resolved by August 1, 1994, this purchase and sale agreement is null and void, unless a further extention is agreed to by both parties in wntmg. Both parties agree to close the sale of the property as soon as possible. 9 Closing Date. For purposes of this Agreement, "date of closing" shall be construed as the date upon which all appropnate documentsare recorded and proceeds of this sale are available for disbursement to Seller Funds held m reserve accounts pursuant to escrow instructions shall be deemed for purposes of this definition as available for disbursement to Seller whether credited to his account or made payable in cash. 10 Entire Agreement. This Agreement supersedes any and all agreements between the parties hereto regarding the subject property which are pnor m time to this Agreement. Neither Purchaser, Seller nor Agent shall be bound by any understanding, agreement, promise, representation or stipulation, express or implied, not specified herein, except for information or other matenal supplied to Agent by Purchaser or Seller 11 Addenda. Any addendum attached hereto and either signed or initialed by the parties shall be deemed a part hereof. 12 Contmgencies. (See Exhibit A) In the event any contingency to this Agreement has not been elmunated or satisfied withm the time limits and pursuant to the provisions herein, this Agreement shall be deemed null and void, the escrow shall be canceled, and the Deposit shall be returned to Purchaser less one-half the amount of any cancellation or escrow fees. Seller agrees to pay the other half. GRD0394.710 13 Liquidated Damages. If title is insurable to the satisfaction of Purchaser m accordance with Paragraph 2 above, and/or if all contingencies are satisfied or waived by the applicable party, and Purchaser fails or refuses to complete this purchase, then because actual damages would be unpractical and difficult to ascertain, the Deposit shall be forfeited as liquidated damages unless Seller elects to enforce this Agreement, and Purchaser shall pay any cancellation or escrow fees. The parties agree that such forfeiture as damages shall be the sole and exclusive remedy. of Seller 14 Legal Counsel. Seller and Buyer each covenant and warrant that they have been advised by Cushman & Wakefield of Washington, Inc , to obtain independent legal counsel before the execution of this Agreement. By signature hereon, Seller and Purchaser hereby agree that this Agreement is in form and substance satisfactory to their counsel or that they have waived their nght to have the document reviewed by independent counsel and agree to hold Cushman & Wakefield of Washmgton, Inc. harmless from liability as to the legal sufficiency, effect and tax consequence of this Agreement and attachments. 15 Time. Time is of the essence of this Agreement. 16 Agency Disclosure. At the signing of this Agreement Cushman & Wakefield represented the City of Tukwila. Each party signing this document confirms that prior oral and/or wntten disclosure of agency was provided to him/her in this transaction. The Seller is not responsible for any fees paid to Cushman & Wakefield. AGREED TO AND ACCEPTED BY PURCHASER. SELLER. GRD0344.710 Jo Ma Rants r, City of Tukwila Richard Holly T.Q 0,ca Address 4216 South 152nd Tukwila, Washington EXHIBIT A The real estate purchase and sale agreement is subject to the following: Item 1 Purchaser must identify the portion of Lot 18, 19 and 20 that it needs m order to build a water quality treatment and detention area. Purchaser and seller must agree to the approximate dimension by April 15, 1994 Item 2 Purchaser will review with Seller their design for water quality and detention area by April 15, 1994 Item 3 Purchaser agrees to screen the Sellers property from the subject property with a tree-lme at Purchasers expense The subject tree line improvement will be completed withm six months of final completion of water quality treatment and detention area. Items 4 Seller is m the process of a lot line adjustment with the City of Tukwila. This sale is subject to having this lot lme adjustment completed on or before closmg. Item 5 Seller may refinance his property on or before May 15, 1994, but the failure of the Seller to complete such refinance shall not affect the validity of this agreement or Seller's obligation hereunder Item 6 Purchaser shall have 30 days from the date of execution of this agreement to inspect the structures located on the subject property Seller warrants there are no hazardous matenals stored or have been used m these structures as defined by State and Federal law This inspection must meet Purchaser's .approval or this sale is null and void. Seller shall provide access to these structures within 48 hours of either wntten or oral notification by Purchaser to Seller for mspection. If Purchaser discovers concerns regarding their mspection, then Purchaser shall have the nght to hire consultants to mvestigate their findings and this inspection penod shall be extended an addition 30 days once Purchaser notifies Seller m wntmg. If satisfied with the results of such mspections, Purchaser shall notify Seller m wntmg that this condition has been met and waived by Purchaser Item 7 Item 8 Item 9 GRD0394 710 After closing, the Purchaser shall demolish the existing structure on the subject property at their cost and expense unless Seller moves the structures pursuant to City ordmances at his expense within 30 days of closing. Seller shall donate approximately a five foot nght-of-way along 42nd Avenue South, City of Tukwila, King County, to Purchaser on or before closing. Purchaser will provide a letter, stating that the property was under consideration for condemnation proceedmg. Letter shall be delivered to the Seller by April 1, 1994 --1Th) f�� CHICAGO TITLE INSURANCE COMPANY 9405131245 C.) u Cr. CZV) V) FILED FOR RECORD AT REQUEST OF CHICAGO TITLE INSURANCE COMPANY 1800 COLUMBIA CENTER, 701 5TH AVENUE SEATTLE, WASHINGTON 98104 WHEN RECORDED RETURN TO CITY OF TUKWILA - ATTN JOHN MCFARLAND 6200 SOUTHCENTER BLVD TUKWILA, WA 98188 409156 Ei C THIS SPACE PROVIDED FOR RECORDER'S USE STATUTORY WARRANTY DEED THE GRANTOR RICHARD L HOLLY, AS HIS SEPARATE ESTATE for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE in hand paid, conveys and warrants to CITY OF TUKWILA, A WASHINGTON MUNICIPAL CONSIDERATION CORPORATION the following described real estate situated in the County of KING State of Washington. AS SET FORTH IN ATTACHMENT MARKED EXHIBIT A WHICH IS BY THIS REFERENCE MADE A PART HERETO SUBJECT TO MATTERS SET FORTH IN ATTACHMENT MARKED EXHIBIT "B" WHICH IS BY THIS REFERENCE MADE A PART HERETO Dated. MAY 13, 1994 u cv 'Ttiv 1 g, RICHARD L HOLLY a 1 STATE OF WASHINGTON -0 COUNTY OF KING jEc ss ON THIS \-V.-DAY OF MAY, 1994 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED RICHARD L HOLLY KNOWN TO ME TO BE THE INDIVIDUAL(S) DESCRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT HE SIGNED AND ACT AND DEED, FOR THESES AND PURPOSES HEREIN 5X PRINTED NAME NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTO RESIDING A-'1 MY COMMISSION EXPIRES ON\ SEALED THEA 3M ,.S HIS FREE AND VOLUNTARY MENTIO? �ti�i J. �oo NOTARY v1 W 'It., dir. "Iiiiiinnts:‘: ss - N CHICAGO TITLE INSURANCE compAity Escrow No. 409156 EXHIBIT A LEGAL DESCRIPTION The land referred to is situated m the State of Washington, County of KING as follows: , and is described THE SOUTHERLY 80 FEET OF LOTS 18, 19 AND 20, BLOCK 3, SECOND ADDITION TO ADAMS HOME TRACT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 90, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR 42ND AVENUE SOUTH BY DEED RECORDED UNDER RECORDING NUMBER 6013506; (BEING LOT C OF CITY OF TUKWILA LOT LINE ADJUSTMENT NUMBER L93-0019, RECORDED UNDER RECORDING NUMBER 9404270767 AND AS DELINEATED ON SURVEY RECORDED UNDER RECORDING NUMBER 9404279003) 9405131245 CHICAGO TITLE INSURANCE COMPALkY Escrow No. 409156 EXHIBIT B SUBJECT TO 1 MINERAL RESERVATIONS IN LAKE SUPERIOR AND PUGET VOLUME 7 OF DEEDS, PAGE 2 RIGHT TO MAKE NECESSARY DESCRIBED AS GRANTED IN GRANTEE RECORDED RECORDING NUMBER AFFECTS LOT 20 THE DEED FROM JOHN W SPRAGUE AND WIFE, TO THE SOUND COMPANY, RECORDED FEBRUARY 14, 1873, IN 181, IN KING COUNTY, WASHINGTON SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DEED KING COUNTY APRIL 12, 1966 6013506 3 PROVISION CONTAINED ON CITY OF TUKWILA LOT LINE ADJUSTMENT NUMBER L93-0019 RECORDED UNDER RECORDING NUMBER 9404270767 AND SURVEY RECORDED UNDER RECORDING NUMBER 9404279003 EXISTING GARAGE ON LOT C MUST BE REMOVED, UNLESS WITH TWO YEARS FROM THE DATE OF FILING ON THE BOUNDARY LINE ADJUSTMENT A HOME IS BUILT ON LOT C 9405131245 ..,1. 0.4,...i....,$, f � 4.t. .: `:i,:" .Gfr w ..... .p:. 0✓. . +'��, r 't'�'1 ;`L�..sLL'ii w FOR TITLE INSURANCE INSURANCE corporation, policies of title or mortgagee of the premiums from Coverage of the proposed A hereof by such policy or after the effective provided that COMPANY has policy to become ,s4f. "' ,. te.,a ^µ:,�E.� . ''��'. � i '4.':".:0",40,-",;..y,, '.'i L�..i "�3 ''" COMPANY herein called the Company, for a valuable insurance, as identified in Schedule A, in favor of the estate or interest covered hereby in the and charges therefor; all subject to the (appearing herein) and to the Conditions and Insured and the amount of the policy or the Company either at the time of the issuance policies of title insurance and all liability and date hereof or when the policy or policies the failure to issue such policy or policies is caused this commitment to be signed and sealed valid when countersigned by an authorized CHICAGO TITLE INSURANCE COMPANY By �`� ` �" `C President Bys 041/1 adlY0-11-°.-/ Secretary (w r',-,, t `. _= i - =` =• COMMITMENT CHICAGO TITLE CHICAGO TITLE INSURANCE COMPANY, a Missouri consideration, hereby commits to issue its policy or of the proposed Insured named in Schedule A, as owner land described or referred to in Schedula A, upon payment provisions of Schedules A and B and to the Exclusions Stipulations hereof This Commitment shall be effective only when the identity policies committed for have been inserted in Schedule of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of obligations hereunder shall cease and terminate six months committed for shall issue, whichever first occurs not the fault of the Company In Witness Whereof, CHICAGO TITLE INSURANCE as of the date of policy shown in Schedule A, the signatory Issued by CHICAGO TITLE INSURANCE COMPANY Center 70101 Fifth Avenue Seattle, Washington 98104 (206) 628 5666 c t`Columbia �>. <;.,:... ,... .. x .... e .. .. . _ , .. s-go.... s : ... . a + :. ._. . CONDITIONS AND STIPULATIONS 1 The term mortgage ' when used herein shall include deed of trust, trust deed or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien encumbrance adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting fromany act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge If the proposed Insured shall disclose such knowledge to the Company or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3 Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual Toss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations and Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured where are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein 4 Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. EXCLUSIONS NOTE, THE FORM OF POLICY COMMITTED FOR MAY BE EXAMINED BY REFERENCE TO FORMS ON FILE IN THE OFFICE OF THE INSURANCE COMMISSIONER OR BY INQUIRY AT THE OFFICE WHICH ISSUED THIS COMMITMENT The Exclusions from Coverage referred to in Paragraph 3 of the Conditions and Stipulations are as follows: ALTA OWNER'S POLICY FORM 10-17-92 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs attorneys fees or expenses which arise by reason of. 1 (a) Any law ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating prohibiting or relating to (i) the occupancy, use, or enjoyment of the land (ii) the character dimensions or location of any improvement now or hereafter erected on the land (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; of (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regula- tions except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3 Defects liens encumbrances, adverse claims or other matters. (a) created suffered, assumed or agreed to by the insured claimant; (b) not known to the Company not recorded in the public records at Date of Policy but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy- or (e) resulting in loss or damageich would not have been sustained if the inuaidred claimant had paid value for the estate or interest insured t, . is policy tXULUSIUNS (uonra ) 4 Any claim which arises out of -ire -transaction vesting in the Insured the estatelor interest insured by this policy by reason of the operation of federal bankruptcy state insolvency or similar creditors' rights laws, that is based on (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure (a) to timely record the instrument of transfer or (b) of such recordaton to impart notice to a purchaser for value or a judgment or lien creditor ALTA LOAN POLICY FORM (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage costs, attorneys fees or expenses which arise by reason of - 1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating prohibiting or relating to (i) the occupancy use or enjoyment of the land, (ii) the character, dimensions or location of any improvement now or hereafter erected on the land (iii) a separa- tion in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part* or (iv) environmental protection or the effect of any violation of these laws, ordinances or governmental regulations except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encum- brance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy (b) Any governmental police power not excluded by (a) above except to the extent that a notice of the exercise thereof or a notice of a defect lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy but not excluding from coverage any taking which has occurred prior to Date of Policyh which would be binding on the rights of a purchaser for value without knowledge 3. Defects, liens encumbrances adverse claims or other matters (a) created suffered assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under thisj policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material) or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage 4 Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated 5 Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law 6 Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is con- tracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance 7 Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy state insolvency, or similar creditors' rights laws, that is based on (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor H z w w u 1, • Avt''' , ve a., xi ,5,4.. . • ,... L) 171 North Title Unit: 06 Phone: (206) 628-5610 Fax (206) 628-9717 Officer MIKE S BECKMAN jIICAGO TITLE INSURANCE COMPA 1800 COLOMBIA CENTER, 701 FIFTH AVENUE SEATTLE, WASHINGTON 98104 A.L.TA COMIVIITMENT SCHEDULE A Order No. 409156 Your No. Commitment Effective Date: MARCH 18, 1994 at 8:00 A M 1 Policy or Policies to be issued: Amount: $27,000 00 ALTA Owner's Policy Premium: $270 00 1990 STANDARD Tax $ 22 14 SHORT TERM RATE Proposed Insured: CITY OF TUKWILA Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Policy or Policies to be issued: Amount: $0 00 Premium: Tax Amount: $0 00 ALTA Loan Policy Premium: Tam Proposed Insured: 2 The estate or mterest in the land which is covered by this Commitment is: FEE SIMPLE 3 Title to the estate or interest in the land is at the effective date hereof vested in: RICHARD L HOLLY, AS HIS SEPARATE ESTATE 4 The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT CHICAGO TITLE INSURANCE COMPANY WLTACOMA/030691/E 1( CHICAGO TITLE INSURANCE COMPANY ALTA. COMMITMENT SCHEDULE A (Continued) Order No. 409156 Your No. LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THE SOUTHERLY 80 FEET OF LOTS 18, 19 AND 20, BLOCK 3, SECOND ADDITION TO ADAMS HOME TRACT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 12 OF PLATS, PAGE 90, IN KING COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO KING COUNTY FOR 42ND AVENUE SOUTH BY DEED RECORDED UNDER RECORDING NUMBER 6013506 CHICAGO 1i ILE INSURANCE COMPANY WLTACMA6/11-15-90/EK CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B Order No. 409156 Your No. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company GENERAL EXCEPTIONS A. Rights or claims of parties in possession not shown by the public records. B. Encroachments, overlaps, boundary line disputes, or other matters whichwould be disclosed by an accurate survey and inspection of the premises. C. Easements, or claims of easements, not shown by the public records. D Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not shown as existing liens by the public records. F Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity, other utilities, or garbage collection and disposal. G Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims, or title to water I. Defects, liens, encumbrances, adverse claims or other matters, if any,created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW CHICAGO TITLE INSURANCE COMPANY WLTACOMB CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) Order No. 409156 Your No. A 1 MINERAL RESERVATIONS IN LAKE SUPERIOR AND PUGET VOLUME 7 OF DEEDS, PAGE B 2 RIGHT TO MAKE NECESSARY DESCRIBED AS GRANTED IN GRANTEE RECORDED RECORDING NUMBER C AFFECTS LOT 20 SPECIAL EXCEPTIONS THE DEED FROM JOHN W SPRAGUE AND WIFE, TO THE SOUND COMPANY, RECORDED FEBRUARY 14, 1873, IN 181, IN KING COUNTY, WASHINGTON. SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DEED KING COUNTY APRIL 12, 1966 6013506 D 3 PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF CITY OF TUKWILA PRESENT RATE IS 1 53% E 4 GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) YEAR 1994 TAX ACCOUNT NUMBER 004200-0348-01 LEVY CODE 2413 ASSESSED VALUE -LAND $ 36,400 00 ASSESSED VALUE -IMPROVEMENTS $ 0 00 GENERAL & SPECIAL TAXES AFFECTS ALL OF LOT 18 BILLED $483 00 PAID $0 00 UNPAID $483 00 5 GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) YEAR 1994 TAX ACCOUNT NUMBER 004200-0350-06 LEVY CODE 2413 ASSESSED VALUE -LAND $ 36,400 00 CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY A.L.TA COMMITMENT SCHEDULE B (Continued) Order No. 409156 Your No. SPECIAL EXCEPTIONS ASSESSED VALUE -IMPROVEMENTS $ 29,200 00 GENERAL & SPECIAL TAXES SURFACE WATER BILLED $870.47 PAID $0 00 UNPAID $870.47 BILLED $ NOT AVAILABLE PAID $ NOT AVAILABLE UNPAID $ NOT AVAILABLE H NOTE IF EITHER OR BOTH OF THE GENERAL AND SPECIAL TAX AMOUNT OR THE SURFACE WATER MANAGEMENT CHARGE IS NOT EVENLY DIVISIBLE INTO TWO PAYMENTS, KING COUNTY WILL REQUIRE THE HALF PAYMENT BE ROUNDED UP TO THE NEXT CENT FAILURE TO ROUND UP EITHER HALF PAYMENT MAY RESULT IN REJECTION OF THE TAX PAYMENT BY THE COUNTY I AFFECTS ALL OF LOT 19 J 6 GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) YEAR 1994 TAX ACCOUNT NUMBER 004200-0355-01 LEVY CODE 2413 ASSESSED VALUE -LAND $ 36,400 00 ASSESSED VALUE -IMPROVEMENTS $ 0 00 GENERAL & SPECIAL TAXES BILLED $483 00 PAID $0 00 UNPAID $483 00 K AFFECTS ALL OF LOT 20 EXCEPT COUNTY ROAD L 7 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF GRANTOR RICHARD L HOLLY, A SINGLE PERSON TRUSTEE CRC OF WASHINGTON, INC BENEFICIARY GREAT WESTERN BANK, A FEDERAL SAVINGS BANK CHICAGO TITLE INSURANCE COMPANY WLTACMB2/11-2690/8K CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No. 409156 Your No. SPECIAL EXCEPTIONS AMOUNT $ 57,500 00 DATED MARCH 29, 1993 RECORDED APRIL 7, 1993 RECORDING NUMBER 9304070558 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 M AFFECTS INCLUDES OTHER PROPERTY N NOTE OUR EXAMINATION DISCLOSES THAT THE PROPERTY AS DESCRIBED HEREIN DOES NOT CONFORM WITH THE PROPERTY DESCRIBED IN THE REAL PROPERTY TAX ACCOUNT UNDER WHICH THE PROPERTY IS TAXED THE REAL PROPERTY AS DESCRIBED HEREIN MAY NOT COMPLY WITH LOCAL SUBDIVISION ORDINANCES TITLE INSURANCE POLICIES DO NOT PROVIDE COVERAGE FOR LOSS BY REASON OF THIS MATTER 0 NOTE 2 AS OF THE DATE OF HEREOF THERE ARE NO MATTERS WHICH WOULD APPEAR AS EXCEPTIONS IN THE POLICY TO ISSUE AGAINST CITY OF TUKWILA END OF SCHEDULE B Q THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS REPORT CHICAGO TITLE ESCROW-MARRIA FUQUA MARRIA FUQUA 1/1 CITY OF TUKWILA JOHN W RANTS, MAYOR 1/1 RICHARD L HOLLY 1/1 CUSHMAN & WAKEFIELD OF WASHINGTON, INC GARY R DANKLEFSEN 1/1 CHICAGO TITLE INSURANCE COMPANY WLTAC 132/11-2690/EK CHICAGO'ITit SURANCE COMPANY 1800 COLUMBIA CENTER, 701 5TH AVE, SEATTLE, WASHINGTON 98104 IMPORTANT This is not a Survey It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. $econct ef7CLC1L&OfZ to .fes 'br0nze Tracts n N ''oEo/c err ,ae s..s a LO�I ,8 0 Z o2 • N. 2 e,! L/ h' //3 .1.3 3? W h 0 h 1 0 N La. 44 a.,v VD co n o p LOT 2 I) CI) e0 N kbtr O jzoZ11-5 .✓B- B /L 4t2/✓ 0 h n J 1 , l 5 1 30TH Foue7'H sr 3 //3 .5/ to LOT 3 A0 100 J g ole W O v 0 CO / h ' sa h v CL • LOT 4 o n //3.49 /26.9 Z 0.61 DEO TO K C r/e3 3 -- 4 • 14 12 /C2 s8 0 .4. \0 a1 AV:" 1. �� J 0 lot Z Gti 01 KCSP 680091 tS L/ I/.70.6 • 8201210574 .1 10f I `N0 1 0 1i1h^ (39 ! 1 ., 0 •0 // F (b0 �a, ` 0'' B O 35 . aL/`" 25 43 0 0 11 rs O � 1/6 78 /z.6 5 7- /9 /2 ,T8 /8 /6 35 0 i S 152ND 1309 Second (igcicliion fo - `- if/NG GO. MUM. sc-ace /nth., -E70/LST } ICtYIc TRACTS 11 ADAM3 -------- 1 .. .aTR-Li'i------1111 � trf'--•-I 1111„111111 I r 1 t' zr� J id:.VESOT" ,3RLLT 0 {pW-414 S � 111111111111111 1111111011111111 s Q i 1' NOT PLATTED roue., G6.4( M - GATE-<• DE.BCRIPTI ON 777x3 /o%t d ttx iecale"lao ,.>N Home Tracts comprises o// o/ the avuth 1z d the nothl-ease/s Sccba72Z. TL3NR4E.N:M 77K /niho/ Mao' /5 a/ t/Z Ys arnv os Shown. ..yPp oncti clan /8 /909. l3mrth uprin»n. Bard d County ,.n,JJrLYKA6• "ppec _cf toNis s 0dayddon/506. i9 E /a/H1rx CrinRj. a,cy r DEDICATION KNOW ALL MENS andpA M- 154 wc, w , Allwash, avn- 6ns ec,srwife �,: d the Co. emboced ,i7 j%td LOW dsx<2card.9dd//iamb Ado rns Nana nada, dcc/0' /hetolCd and hereby dyroto% sow a we �,NLO Jo'a'b O/l ,staff txieon 10/qcss air bon o '/Jhle /8 '-7 day d donuory Charles E. AHoms i9meJro Nl Adorns ,37226/ Filed far reeerd of regye>> a(CE r7A1 don/5/x6 o/tafru? pal/ /O AM oral f90 tnos / "9 r&t4' P/ shl°o9e 2oun iy AZI/.;b` /tam ACKNOWLEDGMENT St/e d1147sh,ngtthjS.3. Gavnly d Nv,9 777,3 is to eerily Mal on ms /8 d y d �n�ry ar . gale ,/z ur.eers o *Wry Pub/'c •:a on/Lr the sMk lad /AV./ray/on, /o' y Loop, rridPoncc 1 swLva a = ed Class.. E. •/obrta! /u1 w. .b inc Hnown >a be>ih ?K Ja/tyo• digQs thsfr n � now/o>91 /o mr Ma/ Jt/ r "— ono scalar/ t>z sores as i .tree Srnd vo/unhry_ ora deod fr the uses or>s ,Out »'wr n rnwt>iOfied Gwen under Eng 60r0 and 057/ the do ox year rat (2Awe wrr#Mn y ,mason 3 Fye Nabry 1.1,1i/ 4n n aloe resanq d Jea/t/e. 99 - i-,,_-.,1-;:,-.:,.,4f#,.:15%A,•-•••7.4'.' ::-,,, r7.7;' . ;,— 'v- 7,7!• ,,,,..- : -,,-.,A7A-77,=-757.03.477, itrnii.-7.t.', :'.?..C..tv.x.„' : - 4-, • .-i..;?...p,,,,r,,,,..,:- . Oeted irt3b rti &try 14, 1873, record,- FetirtliirY 14, '1873 ,114.111 W. SpRA.Gue .end JULIA . SPRAGUE, his wife, Consideration: #1.004. . 17;t: 'It; ...-:.1..7 4.!. ' 4 . •- ,i i, t to Er . .. ...O. j; C., F. aiPt..":31.0R & PUGi,r -OUND 1:011i-1,41 i 1 ,4 r.e.e...... 6' 'Li.kere• ill, 2; ,4*. q 4 i' oStsel z . :-;.4. ..'k “-iiti4,'"ritili5 p 01pti:es trent: t..o 2nd pty Lots No 10 ( 11. A: St of NW 4 Sec 23, con 126 i0.. ''.'earits''-gar-''pptent ?,c,-2634, aLLZ) all S e e ' '‘-, , con 649 acres (US Patent 2635) , _fil-Str; •c-.. ec 27k. con 640 acreFs(US .i"Ltant 716), ALz-.0 tile NW.I,r, the 'Xi of SW4. ,...11).•:-.7:. 101•.:;:iwiitori.S.ea 26, con 280 acres (US Pat 77:47); ..-A,I.S0 74 of W'-, the W:i• ofirfet tt4:41,044.PPPC',.of 9, .on 280:21cresAUS plit:2t;) PALS° SE.. of Sesk84., --.... _,,...rv:N0-1,e;-02,St.:3944), ALSO SE:4 Sec 5 (1t0 acres,' UJ pat, -3-9-50), EW t of" ,clep,gv. (" Aci:e4r,t-taV.,tiS.,pi. 595'); L'.Y; of Sec 23 (100 acrc.4 U S Pat. 5)55); NW.i, Pf, Pe30 ... ' •- r - U.S.:'itt., 594.):4 81... of SeQ 5 ::Li :::,.;Torinati44f,g.3,-,g.:.,R* 1. 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' .„ 'e r.m. . ..,.. `--N. r- A • . , ii,4,114A§1.1F;14, wv::,..,' - .1.-Ariv0,37,"1.3,-..Arerlfri;Vigz,V1-1.- ‘.67;"' :1''4.- -ritrri'''4 -* ': - L.Trill,A.-.,:;5::,:',4:-.,-. ,:f•ft...7.-,,:l. ;,.. , b a p i0001 -'41:i riCialt.Se4PD:tie'.4'4 ,..413.. i.';', , * I*. dei , * *kle,'Zaki.":7:.4.*4';":11;;-PVT40.P410,1-rs_flt,V41.q,:a4V;Wiqf,l, '.. ,Vie at rgar,,„,. a:-,qro.".,?;:slicittIcl the same' tie toedto i .0 en tri.6 --* riii In tereee t'.:thel: ziirt`.eipai5eilAte'r'015Y. Wrantiedas oroilded by. lcv,q-f&T&T.?"allutg: ,..•;,,...,41,:ri..g, iAa.11-4,:._.i.u.4.vi;3,:o4.4,.. .111Aok,s;i ‘41:Cowlitipotinty!,.:Fgb\ 4.01371, before al.No ta 17P up ..., '•,-:. 1.:,,'::A,.-'!. : ,. , l ''•:;••:', '.- Vir. 1b, t;;i4-: 11.' 41,,ti..fzIor-I'Itartz4Tf,fir?.eAig '.p-ii,itt4i-f_A. .,,, - - - - • - ' . , t. - • •r,z...-V,si•f-14t"?,!,':,,i.i4.7 - '-'7,:'4,' , ',.. •-:- : .":. '. _.., , 4'.? 7, -.:4,4t4-4,c,-.,•71-p...q.F.Airx4-=•,?: . it*(1-'013-1A . .:1 .1,750 40 44S';'07.10 5:01Nik0 af ii',_•.;*---ii:F ,_tIVcsa31,Q,J4.-7. - 7-:,.... :- . t.' 4 f .01 Leitil 07 -Pt5F, ' ' ' 5!iNr''': iW.A.:16.'e-s'ffk';'7,t'iiiit'ff.'.4 IW ; ci'.t--31..Y,40,14,*,...opft)-.0py4V =OW 1:4 .:.''1"afei-•ttl-i.1,,F3.1 t3/4:d.i., 95 -Ea , , e. v176 t.::-:47: -, .10',1,,.. -'t (0 !? j 4 15,:lt,tgei:ieit:,6 ' co--, 0,' 4,--iget';',i-j-Z't6147;S:7<.i:VtVZ-'.i,-z.rijt'•;-;P-2iifir .....t.t...t,,,,,,,,,--i.i:10:7,5 4:1aLC' '''.:. .: .. .., ti, i 4. Oa '-.64-1-1-;4,000 ; ( ..,,,a; .i.,.:,.- , ..-c.,...•-s, -2, ,4...,-.0.4.1%%-4, t.--1,-4/...7 --, . ,,.. --,43% o... ' ''Irlf:. .,..,• ..t:t:. ka, gP4rrit:LT g • '''. .. ? 4 ! 4". r Sitt"' k..,..q 0A.14 eta/ (4* teak Lonlk 14d eca. poi, 1 z di Atoilt4 V — 0,14!..4 14.t.,.-.:1 -Wa Ad, = • •.. -....-.., ki • A ,--• - . • - ..- --:. 1- ';.. -- 4 ' ' . ' . ' ' .J At PO i ii 11111 yy1 R• �". Tie -Wm. Young l' )'' „!•` L 20,. Blk 3 q.!..4 PLED ilaiAr J6"': • The grantoe.... _herein .._ ,. for}theco sideration of.O C.H. Ler►is_and Darlene! 1'Iik:..XIQYits �w�.:. ..� . $ 87 0.0 ...J > Dollars R ofebe ,. , c $i g• a tr=ancL also of beaefits.to acerao t^ . theDt -•-•- :1—._.by reason' of haymg, ont and eatablSshin a public road_?`.: ' r• 1 -' their t 1;4 t j throu h.r property, and which is hereinafter described,;eonvey.__'' release!_. and quit- ' clek+ato the Connlp of_ :Rine: .__ _ ,State of Washington, for use of the Public forever as a Online road and highway all interest ant a ft. olot ni-d Blli ed3 re Alsotethe `d 10 The;E,__•5 ft of'; -.W. 10 ft of _.the N. 34 ,. t '..Selds Lot 20, exL•ept the. N. 34 ft of the 2nd .Addn to' Adairs-'1?otae Tracts,. is E W M as recorded in'Vol. 12.,of Plats, Pe. '0, rr,5ec;22,.:TaF. 23:'N•1? 4 ton. Containing 0:47 A^-r�s..tnere or legis. ec of King County, �ashirig ,„ • - - 4F fi.2pd ,•Ave. South ( SSH=ILrsto;`..5 1414.th?St.)•, .:,: <,:; $i'i • together with the right to mak/ all neeeasary slopes for cuts and fills upon the abutting property and on each i cations for highway purposes, , L .aide of said described right-of-way, in conformity with standard plias and apeby condemnation proceed- -and to.the same extent and purpose as if the rights herein granted had been acquired -5 e .n • 'ings�under-.Eminent Domain statutes of the State of Waahingtoa,; yt , F . �..c .4 �, :King State of Waahington situated in the. County of.., ` r ist si.t :T , y o April ' x ..da oL.. D 1966 Dated 1 r Yau a, ..•cr a;i L.A2et:fr,..:. �Yj�x E� 4 i4 fi i R/,.• 1732 6 . .:HG t,Y:.s.a?TM•t< iii:+wF4I:.!ri'i:�'�-20.'b4:s _(!.�i.:.f. r-. �- JSlI. ::'�:�.�i.�.).l('..; �si.4'-.--�f�l1Y: .. ��'�,�"'�ie. '.t1s'W STATS Oif WAfMMOTON COUNTY OiF _ ,s•—Ontbe_.. a,4�iy 'e -"an and forra�the Stats of 'iK"F.Ypsi. v: {F�0' 3wa..i DarloDis._.H::La .F . axe= ewaihia,instexuam;,ent�and -! . k I King '•L day o"oL�`, pr11 Waahmgton, duly commissioned 4 -,..,;:= .i K I- 3 x'7j c 4-t..f .. 1 _`.:_..:. .r,- to me known acknowledged to j-e.a a ISS EE a --%,-.:i1' act and deed for the rasa i lit F-4'-:' oft-ieill seal the day and .a ,' — A :•A1 ��" r ig 7 ; ^�$ t y, � ' i y <F�: vY the State of Washington, res • ;, ` _ 19_64.,, before me, s. Notary- Public and sworn, personally came . 0...11.... 1,014 3.,..an.d. i ..-. 1. %lair •i,,at,7 'a, y, terq to be the bidividuaL.A,.deseribed in and who. me thaL:;:.they_�:::.::.aigned and sealed the same alT i ,.i.,..•:r and purposes therein mentioned. , .•• Yfis it w'a 1.4,.'„'. art is r;, .. It.:tt$Y�(';c. fust wntteas t • 'oti ••' gl It ,q?.,s-. : *• Lei ,�- -; sr J'i _ . 0l.l g -� "�• % : 1_� Ad • i__ : Seat tl'e •" - .._... ": d',;r. e: �j y��%� q :ca,r> „ �'•,,, /);•.jam, .I: h M1 g?i a y-3t-M.�'& Mhst - free and voluntgarry $ =� .. : - �� ...With"' my hind and Wt.,kV- .iO }r*' . i ' ( ti �}a•,�,,., ,sir -.. F Y-.•-ri.ti ..' ` J :� • NotaryPnblie in and for ":•L. .-a:.'. - J t. --4.., c: •i s ...‘t � 4 ._ YiM t s c"` �•f.-_' -r. s...y.1 +� t i � t' r,rr�++ , f 4 ' " t: L -il..'3a. -.3 L ria- ; 7 �;: ., , `! N v a.k_ .' , Y. ''+ .^b;i'+ .. k r . : C i• ,.`YEST 04.F 11 tiVOi�i VlS...:.,.:REI2J. Illi !Cif '.'t _ f 4 �' ... - Fit p t P 4KIRCA !Y0(rr1S 3Uptrt�'. Lug r 1,...,....; Or u .;- - �'`..:. r.2 fzi. H w $ \: ,• �. M a Q. 44 .. ,T '-4 O H O O C? c Also deed of trust in favor of Dennis Correa which grantee agrees to assume and pay according to terms and conditions recorded June 30, 1988 under File No 8806300215 Chicago Title Insurance Company FILED FOR RECORD AT REQUEST OF aCu4ED IHIS DAI THIS SPACE PROVIDED FOR RECORDER'S USE: lax r 2 f 2 t`lt `•pi By T4. i ..h, "`�GRDS K G Ci";tit WHEN RECORDED RETURN TO rum* Edgar R. Rcabauer PS .;,,„ 444 NE Ravenna Blvd 1101 City. sub 23p Seattle, WA 98115 5224/lb KUNG OOUhTY NO EXCISE TA.* JAN 051990 E1108715 90/01'05 RECFEE RECD F CAS1-ISL #1131 2.00 5.00 55 00 Statutory Warranty Deed THEGRANTOR DAN WOODS, as hia separate estate for and in consideration of ASSUMPTION OF LIABILITIES ONLY - WAC 458-61-210 in hand paid. conveys and wan,ams to RICHARD L HOLLY, a single man the roltowing dae$bed rczl esoee, sauated io the county of King &me of washitgton_ Lots 18, 19 and 20 Block 3, Second Addition to Admas Home Tract according to the plat thereof recorded in Volume 12 of Plats page 90, records of King County EXCEPT that portion conveyed to King County for 42nd Avenue South by deed recorded under recording No 6013506 Subject to Deed of trust of record in favor of Darlene Lewis which grantee herein agrees to assume and pay according to its terms and conditions which was recorded June 30 1988 under File No 8806300213 Also subject to mineral reservations and right to make slopes and fills of record Daus January 4 ,1 a. 1::'-o&;' Dan Woods i9 89 STATE OF WASHINGTON COUNTY OF King On this day petsmally appeared beforeme Dan Woods to me known to be the individual described in and who executed the within and fo mgoing instrument. and ackn owkdgcd drathe signed the same as h i s flee and voluntary act and deed. for the uses and purposes therein mentioned. 'IVEN under band and official seal this day of 19 76 ry Public in sod for doe State of Waahington. residing sr Brier F 9235 R. II/SA 5-28-9T LP&10 STATE OF WASHINGTON COUNTY OF 1ss. On this day of 19 before inc. the undersigned. a Notary Public in and for the State of Wash- ington. duly commissioned and sworn. personally appeared and to me known to be the p,�s L Z Secretary respectively of �fr -- jj��' h"�te, ��.. the corporation that executed the fott�itding tl&tr$hOtr. Sokol u rdgod the said in- umnrern to be the free and vofunla .1'r QEF a amv-oore d defd of saa�xA47 +1. for the uses and purposes therein mentioned and on r�tsai4t tea y- uthorircd to exe- cutethe mid ins tru mem and that the sekl'Posed is ....... - rat1iejl?I said corporation. Witness my hand and official seal�et s t'N�td F par first above writ- ten. _��A$H4NG%;oil ia✓N/ 11 Noury Public in end for the State of Washington. residing at PREPARED BY AND AFTER RECORDING MAIL T Greet Western Bank P.O. Boa 1900 Northridge, CA 91328 LOAN AMOUNT 157.600.00 ff SPACE ABOVE THIS LINE FOR RECORDER'S USE— --,T, DEED OF TRUST (ADJUSTABLE INTEREST RATE/ THIS DEED OF TRUST made this 29th day of Mich. 1993 RICHARD 1. HOLLY A SINGLE PERSON LOAN NO. 1.600807-3 COUNTY COOS: 017 OFFICE NUMBER: 142 between herein called 'Trustor. whose address is P.O. BOX 964. SEAHURSr WA 98062 CRC OF WASHINGTON, INC, herein caned "Trustee, whose address is 9301 Corbin Average, Suite 100. Northridge, CA 91324-2498 and GREAT WESTERN BANK. A FEDERAL SAVINGS BANK herein called "Beneficiary. whose address is 11201 S.E. 6TH STREET SUITE 110, BELLEVUE. WA 96004 WITNESSETH: That Truster irrevocably grants, transfers, and assigns to Trustee. in trust, with power of sale. that real property. property rights and interest in KING County. Wallington, deecrt'bsd a.: u AS PER LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF KNOWN AS SCHEDULE 'A which has the address of: 4216 SOUTH 162ND STREET. SEATTLE. WA 9816* INCLUDING all fixtures, buildings, structures, improvements, appliances. equipment ..td appurtenances now or hereafter constructed or placed thereon, including. but not limited to, e8 apparatus and equipment. whether affixed to the land or building thereon or not affixed thereto, whether angle units or centrally controlled, used to provide or supply err -cooling. air-condtioning. Mat. gee. water, fight end power. refrigeration, ventilation, laundry, clothes drying, dishwashing, Gerber. d.poeal Of other service*. wpb vent systems. antennae, pod equipment. window coverings. drapes end drapery rods, carpeting end floor coverings. awnings. ranges and oven.. water Maters. attached cabinets, pumps, pips., tanks. ere prevention, (ire extinguishing end communication* apprstue. dsystore. esc.1.lors. partitions. and .8 replec.rn nts end substitutions therefor and di proceeds thereof, and all of the above items are declared to be and are deemed to be dings ef8xed to end a part of the realty for the pwrposes of this Deed of Trust. TOGETHER WITH all interest which Truster now hes or may hereafter acquits in or to said property and in end to: lel All rents, issues, profits, royalties, togs. errings and incomes therefrom and instaltments of money payable pursuant to any agreement for sale of said property or any part thereof, Ib) All easements, rights of way and other appurtenances thereto; (c) All shrubs. trees and plants; (d) All adjacent lards included in enclosure of occupied by buildings located pertly on the above described property; lei AU crops growing or to be grown on end property, (1) All water and water rights (whether or not appurtenant) end share* of stock pertaining to water or weber rights, ownership of which affects said property; (g) AU claims, demands or causes of action of any kind, including proceeds of settlement of any such clam, demand or cause of action of any kind, which Trustor now has or may hereafter acquire, arising out of acquisition or ownership of the property, subject however to the right. power end authority given to and conferred upon Beneficiary by Paragraph 6 below. Trustee shalt have no duty to prosecute any such clam, demand or cause of action, (h) All minerak and mineral rights. For the purpose• of this instrument, including ell provisions incorporated by reference herein, alt of the foregoing described ted property, property night• end interest shell hs referred to ars "the property, THIS GEED OF TRUST SECURES AN ADJUSTABLE RATE NOTE SEE PARAGRAPH 24. THIS GEED OF TRUST IS FOR THE PURPOSE OF SECURING THE FOLLOWING: A. Payment of the Loan Amount above, with interest thereon, according to the terms of a Promissory Note or Notes therein eonet(mea referred to as 'the not.) of even dale herewith. made by Trustor, payable to Beneficiary or order, end any and .9 modillcstlone and extensions or renewals thereof Lee Paragraph 24); B. Payment of such addillund mime with intens thereon es may be hereafter borrowed from Beneficiary by the then record owner or owners of the properly which are hereby secured std ell extension*, modifications end renewals of ouch additional borrowing.; DM W UNIT ►ADI ) waot rrm3 D/STRIMITION.• Or/phal Recording Copy; Whha RI. Copy; WN/a Borrower Copy C. Payment, performance end discharge of every obligation, covenant and agreement of Trustor whether contained or incorporated by reference in this Deed of Trust, or contained in Rny instrument now or hereafter executed by Trustor in connection with the loan evidenced by the Note. including but not limited to any sasignment. Can.truction loan agreement, pledge agreement, scanty agreement, sur:.lemental agreement, e.s.grment of Lessor'■ interest in I , modification agreement or assumption agreement; 0 Payment o1 all sums of money with interest which may be pad out or edvenced by, or may otherwise be due to Trustee or Beneficiary under any provision of this Deed of Trust; E. At Beneficiary's option, payment with interest (hereon of any other present or lotus. indebtedness or obligation of Trustor (or of any successor in interest 10 Trustor to the property) to Beneficiary, whether created directly or acquired by asdgnment, whether absolute of conlinger whether dos or not, whether otherwise secured or not, or whether existing M the lime of the execution of ?hie Deed of Trust or arising thereafter Exereue of such option shag be evidenced by a notice in writing to Tsuatot of any succeesmr in interest to Trustor To protect the Security of This Deed of Truer, Trustor Agrees: C 1 PRESERVATION OF THE PROPERTY runlet lel shall keep the hereby, without regard 10 the validity or legality of such assessments, tr)^ property in good condition and repair. (b) shall nm not lelnove, demolish Or liens or cherries.t• I substantially alter any building, structure or improvement thereon, le) S. CLAIMS. DEMANDS AND ACTIONS. Trustor shall (a) appear in and shall complete or restore promptly end in good wotkmanhke meaner any defend any action or proceeding purporting to affect the security hereof .-� budding which may be constructed, damaged or destroyed thereon and or the nghts or powers of Beneficiary or Trustee: Ibl at the apnea of wilt pay when due all deems for labor psdormed and material furnished Beneficiary. assign to Beneficiary. to the extent of Beneficiary s interest, LO therefor Idl ahell comply with the provisions of all insurance Dobaies any claims. demand. or sautes of action of any kind, including any h`) covering and with all laws and regulations affecting the property or award, court judgment or proceeds of settlement of any such clam. IT requiring any alteration., raper.. or improvements thereon, hal ►hall not demand or cause of action of any kind, which Trustor now has or may commit or suffer any waste (hereon, fn *hall nal compo( of sons, ern/ hereafter acquire arising out of acquisition or ownership of the property act upon the proparry in violation of any provreien of any irsarenc. Without limiting the generality of IM foregoing, any such claim. demand policy or law or regulation, (g) shall paint decorate. cultivate, irrigate, o, cause of scrim' arising out of /acquisition or ownership of the properly fertilize. fumigate and prune the property, and thl consistent with the may include (i) any such injury or damage to the property or env use thereof, do all other act. which the character or use of the property structure or improvement situated thereon. or (*4 env ism or 05000 of may reasonably require. action in favor of Trustor which shop have arisen out o1 the tr.nsecnon 2. INSURANCE. Trustor shell, at Trustor s expense. provide and financed in whole or in part by the making of the loin secured hereby, mantein in force at all time. with respect to the property, fire, flood and w (ii) any claim or cause of action in favor of Trustor (except for bodily other 'types of insurance es may be required by Benatic..ry. All o1 suchinsurance injury) which arises r a result of any negligent or improper Beneficiary pansies shall have a loss payable endorsement.conten.in Intoe of construction, installation or repair of the property, including the surface Beneficiary and shell be fora tars end in form, content, amount, and of the or subsurface thereof, or of any building or structure thereon. with such insurance companies, ea may be satisfactory to Ithemficisry. Beneficiary may apply, use or release such monies so received by it in Such policies shalt be delivered to Beneficiary whether upon the the same manner as in Paragraph 2 provided for the pfoCoeds of bra or of this Deed of Truss or ata subsequent time during the rent of the other insurance. Truster shall also deliver at such times evidence that the fulla DEFENDING TRUST Nmtwnthetsmdrnp clic provisions of Paragraph prern.um for any such policy has been paid. Beneficiary. at ire option, may retain po.seeaon of the ongmal policy or may release it to the 5. Beneficiary or Trustee may fel commence end prosecute or *spear m Possession of the Truator 11 the Beneficiary retains possession of such and defend any action or proceeding purporting to affect the secunry policies at least thirty 130) days before the expiration of any arch hereof or the rights or powers of Benefiasry or Trustee; lb) Pay. insurance policy, a policy or pohcies renewing. extending oe replacing Purchase. contest or compromise any encumbrance. charge or lien such expiring insurance shall be delivered by Truster to Be.neherary. If which in the judgment of either appear to be prior of superior hereto; any such Insurance policy is not so delivered to Banaheiay oe in the and It) in exercising any such right incur anis liability and expend event any such Insurance policy is canceged, whether the Beneficiary whatever .mounts either deems reasonably necessary, including cost of has in its possession the poxcies or not, and no reinstatelnenf or ovdence of orfs end reasonable attorneys fees. replacement policy is received Pnor to termination of insurance, 7 PROTECTION OF SECURITY BY BENEFICIARY OR TRUSTEE. Beneficiary• without notice to or demand upon Truster may (but slid Should Trustor fait to make any payment or do any act provded in this not be obligated tot obtain such .rsursnce with such company r peed of Trust. then Beneficiary or Trvstse. but without obligation so to Beneficiary may deem setislaclopa and pay the ar edto therefor, rd do and without Mabee to or demand upon Trustor, and without the amount of any premum .o paid shall be charged to and d to the pad by Trustor or, at IM option o1 Benohcws-y may be added is the rale,si.g Trustor from any obhgetion hereof, may mike any such payment or do any such act in such manner and to arch extent aa indebtedness seethed hereby, menn Whet deems necessary to protect the secunry hereof Banefibery or In the event Beneficiary obtains any such insurance policy, Tato,. Trustee re authorized to enter upon the prop•sty al any tine tor such for Ms own benefit and for the protection of This equity interest rix the purpose. property, hereby request. and authorizes Beneficiary, but without S. REIMSIJRSEMENT Trustor shag pay imnsdiately .yon demand all liability on the part of Benofic,ary for failure so to do. to obt.n such Costs, tee. or expenses incurred end sums expended or edv.nced under policy for such teem and In such form content and amount and with the tarns of TMs Died of Trust by BenehCiary or Truman.. with Interest such mwrenee companies r may be satisteetory to Ben.hc,.ry. Should thereon .t a rate equal TO the rete provided for in the Note secured any policy thus obtained by Beneficiary thereafter be cancei.d. Tnsstof hereby, end the obligation of Truster to pay such wma and interest ae shell paV to Benefin.ry any earned prentru ms on aid policy end a aforesaid shag be secured hereby. If Beneficiary of Trustee shag make reasonable charge for its services in obtaining such policy. such payment or expend such sums. Truster shag pays serwce charge Nether Trustee not Beneficiary shag be rssponsibtei for the collection in en amount equal to ten per cent 110161 of the payment made or the of any insurance monies or for any insolvency cf any insurer or Burn expended. Trustor acknowledges that it would be extremely assurance underwriter The right to any gne.med premiums under said difficult or impracticable to determine Banefioery'► or Trustee • actual insurance polinas is hereby ..signed rid epee pass to the pureness of darn.ge* resulting from any such advance and that this service charge the property conveyed at any Trustee's sal. held or to the grantee of s is a reasonable estimate of those charges. deed .n Neu of foreclosure if such a Comreyence is made. Any part or ai 3. LEASEHOLD ESTATES. It the security for this Deed of Trust is a ua the amount collected under any fin or other insurance policy may be leasehold estate. Trustor Isbell not modify or terminate the lease or applied by Beneficiary upon any indebtedness secured by the Deed of leases creating the leasehold estate, and shall tormply with al of the Trust at such time end in the manner end amount es Beneficiary may covenant* and conditione required of the Leases or Ms successor in determine, or at the option of Beneficiary without reducing the interest to be performed under the fere or 1 resting sed indebtedness secured hereby, may either be used to replace, restore or le.eehold estate, including, but not limited to, paying when due rent end reton.truct the property to s condition satisfactory 10 Beesficiary er be other charges imposed upon such Lessee, released to Trustor Any application. use or rele..e shall not cure or 10. ESCROW (IMPOUNDI ACCOUNT Truster .hall pay to Beneficiary, wave any default or notice of default hereunder or invalidate any act if Beneficiary shelf so demand. in addition to any other payment requved done pursuant to such notice, Trustor shad pay Beneficiary inspection hereunder, monthly installments for the purpose of creating and fees and other costs resulting from or connected with the cewdh loss maintaining a fund to provide payment when due of any taxes. in which .uch msurence relates encumbrances• sments, leasehold payment. relating to the 3. LIFE. ACCIDENT OR HEALTH INSURANCE. N Trustor shell assign property, premiums for any policies of insurance insuring the property, or deliver a policy of life, accident of health insurance to Beneficiary as the Trainor or the loan, more specifically referred to in Paragraph. 2, 3, further security hereunder, then it Tnutlr fails to pay any premium 4, and 9. Tamar shall deliver promptly to Beneficiary ell bills and thereon. Beneficiary .hall be entitled, but not obligated, to pay any such notices thereof. Said installments shall be in such amounts as premum. Any amount so paid shall be changed to and promptly paid by Beneficiary shad estimate from time to time to be neeeasery to provide Trustor or at the option of Beneficiary, may be added to the sufficient mor.ee m said turd to pay such taxa*, encumbrances, indebtedness secured hereby assessments. leasehold payments and premium. when they become 4. TAXES AND ENCUMBRANCES. Truett', shall pay la) at least dos and shall be payable concurrently with the installment under the t.venry 1201 days before delinquency, alt general and special taxes and note. If the amounts paid to Beneficiary under the provisions of this csnenrs now or hereafter affecting the property. tnchuding any paragraph are insufficient to pay such taxes. assessment., leasehold neoasmenre on appurtenant wenn stock; 1b) when due, all special payments and premium. as they become due, Truator shall pay to assessments for public ,mprovemena without permuting any Beneficiary promptly upon demand the amount of the deficiency. improvement bond to issue for any special e►aesament; fat on dem.nd In the event of default of any obligation hereby secured, then any vl Benahc,ary. ell encumbr.ncee charges aril Lane on the property or funds in the po..e1sion of Beneficiary under the providons of this any pan mentor, which era or may be or or •uoenor hereto; Id) when pr.grsph may at the option of Beneficiary. be applied upon any dug. all fens end ch.rgee ownerenro, occupancy of indebtedness ..Cured hereby. beneficial in. of tnt property; .rix Igo a ing psSo.Ay .actio•• ♦ 11 FINANCIAL STATEMENTS. N6thsn tlxny 130) d.y, after wntten c unubm,rvum, commusxty t.en of a fJ.nrM :•vNopmgnt demand by B.nithetery (but not more frequently than semi-annually), 411 payments requo•d qr •r. 5,.05 ••e...,r .'r wry 4M.g'ansr. .r Tru.tor Mad deirvr to Ren•he.asy v0dred bn.ncrel statements, S•.venaN• coM,n.,ns •••I f‘, . :.n.•.,.J wrn Pr0J50'. parpwed nn .ermd.rtee Wath vesot.blt accounting preetieas, for ouch Shrwld Truero. fa. r• ...r., ern, 1,.r• -.y.• ,•4.s rn,. Pe✓ystn 4 star.* •,, ether p.rrrt es Benoheray may d.wgnat.. Such financial Bnnel•c.or, rn♦y. pit .rW •+, r.. • rri.S• el •^+. VAT swerienf ✓rf t'a'✓r.nts •hr ,n.kel• briery* theme, °panting •tet•ment., and any emC'rnr aq Para .'''.r s,. 4714 ✓d•r"9'f :h •.r '^.aur or, r✓.a...4• r r ...or.,.. end s{.prcaf.nn of funds. In addition, Trurtnr rr •.L n•,n •,l Bener,,,e,r .'Art 'n snaila rr:.a'bHmas error, ✓1 .tett dear.. P..n.fv,.arr on denalewe.i, o.. •.l .111 ayn.rnrnrs, vrs*r',s rmr0r ...0 vouchers, receipts and other documents supporting any of the items shown in such statement.. Trustor shall keep and Maintain a fun and accurate set of books end records showing ell the matters above vpnraf.ed, end shall permit Beneficiary at any time to inspect and audit all Trustor'■ books of account, records. and paper. relating to any of the foregoing matters. In the event any such audit is emoted to be nude by Beneficiary by reason of the feilure of Trustor to comply with any of the foregoing provisions, then Trustor shell pay to Beneficiary upon demand ell expenses incurred by Beneficiary in connection with such audit. None 01 the provision. of this Paragraph 11 shall be applicable so long as the property is residential in nature and designed for occupancy by fess than two (5) homilies. 12. DAMAGE TO OR CONDEMNATION OF PROPERTY Any award of damages or compensation for injury to, or in connection with any condemnation for public use of the property or any pert thereof, or any . roceeds of any settlement with respect to • condemnation whether or 1/4 -t -Trot eminent domain proceedings have been instituted, shad b• and is ;hereby assigned by Trustor end shall be ped to Beneficiary. who may apply, use or release the amount thereof in the same manner w in Paragraph 2 provided for the proceeds of fire or other insurance. 13. BENEFICIARY'S CONSENT REQUIRED. Beneficiary may declare all .` sums secured hereby immediately due and p.y.ale within 30 days after such declaration except as expressly limited by law. it Truster. without C") Beneficiary s prior written consent: (a) sells, conveys, contracts t0 sell, ( ' alien.tee or further encumbers all or eny part of the progeny: or lb! lease. ad or any part of the property for is farm, together with all exercisable options, of 5 year. or more; or fc) suffers the title or any interest in the secured property to be divested, whether voluntarily of involuntarily; or (dI changes or permits to be charged the character or use of the property; or (el is a partnership oral any of the general partners in are transferred or assigned, whether voluntarily Of involuntarily; or (fl is a corporation with fewer than IOC stockholders et the data of execution of thi■ Deed of Trust and creme than 10% of its capital stock is end, transferred or assigned during a 12 -month period. 14. AS' IMABIUTY Trustor may transfer the property under the 7olowin9 condrnons: le) The new borrower (Transferee) roust appy with the Beneficiary to assume the loan secured hereby by following the Benetucrery s application procedure. Oil Beneficiary must approve Transferees creditworthiness in writing using the Bensheiery • standards wasting on the data the Transferee empties to assume the loan. (c) Transferee must agree to assume a8 the lows obligations by sgnng the Beneficiary's assumption papers. Id) Transferee must pay um assumption fee of one percent (1%) of the principal owed et the time of the assumption, unless limited by applied.. state law. Beneficiary reserves the right to adjust the maximum interest nate, nimamsrn interest rate or the rate differential eppieab(s to tar Ion On the dens of such sale or transfer or the date the loan obipation w es.tsned- 16. NO WAIVER. Trustee or Beneficiary, by accepting payment of any sum secured hereby alter its due data, or by making payment of taking any action whch, under the provisions hereof either Twist -ea of Beneficiary is entitled but not obligated to make or take, es by torbesringg from enforcing eny of its rights, shall not be deemed to have waived its nght to require payment from or action by Tetter and to declare a default for Tru.toi • failure to do w. In the event either Trustee or Beneficiary shoed expressly wave any rights under any provisions of this Deed of Trust, such waver shall rot be deemed • waiver of any rights Trustee or Beneficiary may have subsequently to require payment from or eceen by Taster and to declare a default for Trustor's failure to do so. 18 ASSIGNMENT Trustor hereby absolutely .d unconditionally assigns and transfers to Beneficiary during the continuance of ease trusts, all rents, issues, profits. royalties, tolls, earrings end income of the property including those arising by reason of eny oil, pas or mewed 70.0. thereof, and ed installments of money payable pursuant to errs contract of sate or lease relating to the propeety or any pert thereof thereinafter referred to collectively as 'income'), together with the right, power and authonty to collect and retain al such income M it becomes due and payable- AO income received by Beneficiary enough the exerense of the foregoing assignment, less. WI expenses. (. nduding reasonable attorneys fees) incurred by Beneficiary in collecting such 'tremor* sha7 be applied by Beneficiary on any indebtedneas secured by ins Deed of Trust at such time and in the maser and amount es 8ene.rcney may detemrane. Without limiting the generality of the foregoing, such application may include payment of p. od.e installment. of principal and interest, or reduction of the principal balanc. or reimbursement to Beneficiary as provided in Paragraph S. The foregoing assignment is intended as en assignment to take affect only upon a default by Trustor in any of Trustor's obligations under this Deed of Trust. and Trustor accordingly reserves the righ4 prior to any such default, to collect and retain all such income as it become* due and payable. 17 DEFAULT BY TRUSTOR. Upon default by Tractor in payment of any indebtedness secured, or in the performance of eny obligation secured hereby, Beneticisry may. without notice cad irrespective of whether nonce of delimit has been delivered to Trustee and without reagent to to adequacy of the security for the indebtedness secured hereby, either personally or by attorney or agent, without bringing any action or proceeding, without entering into possession of the property. or by receiver to be appointed by • court: (at enter into posseesion and hold. occupy, p0 rid enjoy the property; lb) maks, cancel, enforce. n'odrfy or terminate 1 : lel obtain and Meet tenants: (d) set or muddy rents, lel take, rectus and carol ell or wry pent of the rents, issues, profits, revalues. lolls, earning*, income and Inst0!m.nts lhermna(tet inletted to collectnety as 'income) in it becomes; due ad payb(e. After prong such costs of maintenance and operation of dM property as it in ria judgment may deem props, Beneficiary miry apply the balance upon the entire Indebtedness then secured hereby. The acceptance of such income shall not constitute a waiver of any other right which Trusses nu Beneticury may have under this Dead of Trust Or under the laws of Washington. The receipt and epplicanon by Beneficiary of such income pursuant hereto after execution and delivery of notice of default of during the pendency of a Trustee • mole proceeding hereunder Shall not cure any breach or dot milt. nor affect said sale proceeding or any sale made pursuant thereto, but such income, less all costs of operation and maintenance. when received by Beneficiary, shall be applied in reduction of the entire indebtedness from time to time secured hereby. Trustor shall not to any manner obstruct or interfere with any of Beneficiary s rights under this Paragraph 17 In the event Beneficiary acts under the provisions of this Paragraph 17 Trustor shall pay a service charge in an amount equal so five percent (5%1 of all income collected by Beneficiary. Trustor acknowtedgea that it would be extremely difficult or impracticable to determine Beneficiary's actual costs of collecting the income end that this service charge is a reasonable estimate of those costs. 18. TRUSTEE AUTHORIZED. Upon written request of Beneficiary and presentation of this Deed of Trust and the Note secured hereby for endorsement, and without affecting the liability of any person for payment of the indebtedness secured hereby. Trustee may la) reconvey PM( pen of the property; (b) execute the title sheet of any map plat or record of survey thereof; lc) join in granting any easement thereon; or MI pin in any agreement modifying the terms hereof or subordinating the lien or charge hereot. Trustor shag pay to Beneficiary and Trusts. reasonable service charge for eny such action. 19. RECONVEYANCE. Upon written request of Beneficiary and upon surrender of this Deed of Trust and the Nota secured hereby to Trustee for retention. and upon payment of its fees. Trustee shall reconvoy, without warranty, the property then held hereunder The recital. in such reconveyance of any matters of fact glean be conclusive proof of the truth thereof. The grantee in such reconveyance may be described ea 'the person or persons legally entitled thereto- five (5) years *her the date of such reconveyance, Trustee may destroy the Deed of Trust and Note., without liability. Notwithstanding anything set forth herein. Trustee may, in its discretion, deliver said Note or Deed of Trust or both to the person entitled thereto. 20. FEES. Trustor shell pay to Beneficiary the maximum amount se may from time to time be permitted by law for furnishing in connection with the obligations secured hereby each statement pursuant to any statute at the time then in tore.- Additionalty, Trustor shall pay Beneficiary's and Trustees fees, charges end expenses for any other statement, information or services tarnished by Benefieiery or Trustee in eonarec1on with the obligations secured hereby. Said services may mc(ude, but aha& not be limited to, the processing by Beneficiary or Trustee. or both, of assumptions, wbstitutiora. modifications, extensions. renewals, subordinations, rescissions, charges of owner. recordation of map, plat Of record of survey, grants of easement.. and 1n& and partial reeorrveya aces. and the obtaining by Beneficiary of any PAM.* of insurance pursuant to any of the provisions contained in tins Deed of nand. 21SALE BY TRUSTEE Upon default by Trustor in payment of any indebted. ass, or performance of wry obligation secured by this Deed of Trust, ;;eneficisry, in addition to any other remedy available to Be -:riciary, may invoke the power of gale granted in this Deed of Trust by delivering to Trustee a written notice of default. After the lapse of each time as may be required by law and after piano all Ruch notices as may be required by law. Trustee, without demand on Trustor, may .eO Pe property, either as a whole or in separate parcels, and in such order es it may determine by public ruction to the highest bidder for cash in lawful money of the United States. payable at time of sale, or for the equivalent of cash, as so determined by Trustee in its sols discretion. If the indebtedness secured hereunder as additionally secured by real property which is not subject to this Deed of Trust, Trustee nosy sell any property mo givers ea security for Trustor'. obligation, which it is .uthori2ed to sed, either in whole or in separate parcels and in such Pelee as it may dstem.ns. Trainee may postpone sale of ed or any portion of the -property by, gihlic announcement et the time end piece fixed for such sale. and Iron tins to time thereafter may pompons such gale by public announcement at the time fixed by the preceding postponement. Following sale. Trustee shed deliver to the purchaser its deed conveying the property so sold, but without any covenant or warranty, express or implied. The recital in such deed of any marten of fact shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fids purchasers and encumbrancer., for varus. Any person, except Trainee. may purchase at much sale, After deducting al( costs, fees and 0x000505 of Trustee and of this trust, including cost of evidence of title in connection with the sate and reasonable attorneys' fees, Trustee shall apply the proceeds of sere to payment, tint, of all sum. expended under the terms of this Deed of Trust, not then repaid, with accrued interest et the rate specified in th. note secured by this Deed of Trust, and then 01 al other sums secured by this Deed of Trust, and if there be any proceeds remaining, las* the clerk'• filing fee, shell be deposited together with ■ copy of the recorded notice of sale with the clerk of the Superior Court of the county in which the sale took place. 22. WANER OF STATUTE OF LIMITATIONS, Trustor hereby waives, to the fullest extent permissible by law, the statute of limitations as a defense to any demand or obligation secured by this Deed of Trust. 23, SUBSTITUTION OF TRUSTEE. Beneficiary may nominate in venting a successor Trustee upon the resignation, incapacity. disability, or death of the Trustee. The successor Trustee shall, without corneysnce, succeed to all the title, wrote, rights, power. and duties of the predecessor Trustee, 24. ADJUSTABLE MORTGAGE LOAN. The note secured by this Deed of Trust contains provisions which may result in moraines in the interest rate, in the monthly instalments, end M the unpaid principal balance. Reference Is hereby made to the Promissory Note for the *peellls provisions relating to such increases. 26, USE OF PROPERTY Th. Property la not used principally for agricultural or laming purposes. PIO Of TAM MO! 3 28. HAZARDOUS SUBSTANCES. Trustor shell not cause or astral the Presence, rraw, di.poael, storage. or release of any Hazardous Substances un or in the Property Trustor shall not do. nor allow anyone ;alai to dn, enyttxng altecung the Property that is in violation of any Environmental Law The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that ere generally recognized to be appropriate to normal residential uses and to mmntenance o1 the Property. Trustor shall promptly give Beneficiary written notice el any investigation, claim. demand, lawsuit or other action by any giver mental or regulatory agency or private petty lnvohring the Property end any Hazardous Subatenee of Environmental Lew of which Trustor hes actual knowledge. 11 Trustor learns. or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Trustor shell promptly take aU roe y remedial actions in accordance with Emrironmentnl Law. As used in this Peregraph 28, 'Hezardoue Substances are those substances defined it. toxic or hazardous substances by Environmental Law and the following substance._ gasoline. kerosene, other flammable or toxic petroleum products. toxic pesticides and herbicides. volatile solvents, malarials containing asbestos or formaldehyde. and radioactive materials. As used in this Paragraph 28. 'Environmental Law means federal lawn and laws of the junsdiction where the Property is located that relate to health. safety or .,w.,urenental protection. 27 OCCUPANCY AGREEMENT If Trustor was required to execute en Occupancy Agreement as a condition for obtaining the loan secured by thi Security Instrument, the terms of the Occupancy Agreement. including the provision. which make c violation of its terms en event of default under this Security Instrument. are incorporated herein by this reference, Loan No. 1.600807-3 28. GENERAL PROVISIONS A. Tha term 'Trustor stall mean all parties executing this Deed of Treat w Trustor, their teepecuve heir.. legatees 'devisee., edrninrstretors, executors. successors in interest and assigns, provided that Benaliciery shall not be obligated to give eny notice required hereunder to any Trwtor other than as shown on the face page hereof B. The term 'Beneficiary shall mean the owner and holder (including a pledgee) of the nota secured hereby, whether or not named as Beneficiary herein. C. Every provision of the Deed of 'Trust imposing upon Trustor an obligation to perform an act, or embodying en agreement by Truster to perform an acl, shall be construed as obligating Trustor to pay all costs end expenses relating thereto. D. In the avant any ptoviaion hereof shell be declared invalid or unenforceable through a final judgment in a court having competent jurisdiction, the validity or enforceability of any of rte remainng terms hereof shell not be thereby impaired_ E. In this Deed of Trust. wherever the context so requires, the masculine gender includes the feminine and neuter, :he singular number include, the plural and vice verse, end if more than one person is named as Trustor, the obligations of Trustor shall be the joint and several obligations of each person. F Captions and paregr.ph headings used herein we for convenience only and ere not pert of rtes agreement and shad not be used in construing it. The undersigned Trustor(s) requestla) that a copy of any .torics required hereunder be melded to each Trustor named on the face page hereof. et the address set forth thereon. NOTICE TO BORROWER; THIS DOCUMENT CONTAINS PROVISIONS FOR AN ADJUSTABLE INTEREST RATE ANO CONTAINS PROVISIONS WHICH MAY REQUIRE A BALLOON PAYMENT AT MATURITY Signature of Trustor .L1 O CH 'LL. r� STATE 01- WASHINGTON. County ss: On the. 3 e th deg of L.Z. uC / State of Washington, duly comnrssign.d and sworn. personally appeared {�1 (_41a -wt L tie gy � known to me to be the individualist dearibec' m and who executed the foregoing instrument and ecknowtedged to me that "C..4�1 .,goad and sealed the said instrtmtent as 1 _ iaesftOas� w4 voluntary sot and deed. fa the usa and purposes therein mentioned_ WITNESS my hard and *theist . affiijii ,11 this certificate above written_ ? �� fe�DlAl,= '� a'eLIQ ��'f} &04. op wvAgo If executed bye Corporation or e partnership, the appropriate form of Acknowledgement mus: be sword. before me the undersigned, • Notary Public. in and for th. My Commission expire.: No .c and to the Stets of Washingtonnnresidigg et; i ESCROW OR LOAN NO. TITLE ORDER NO. DEED OF TRUST 0OI0w natal .set.