The URL can be used to link to this page

Home My WebLink AboutLUA14-000730_Report 1Matt Pilot All31\'11·09·008·l WO)NilAl!"MMM 14030 SE 139th St Renton, WA 98059 Kelly Randall 5010 SE 2nd St Renton, WA 98059 Rob Willits 13905 SE 136th Pl Renton, WA 98059 Sarah Devine 15215 SE 272nd St, Ste. 204 Kent, WA 98042 Liz Ellis Maizel 13803 SE 144th St Renton, WA 98059 Margaret Petty 23328 SE 113th St Issaquah, WA 98027 Richard 5tuth 25112 SE 208th St Maple Valley, WA 98038 Barbara Rodgers Quadrant Corp 14725 SE 36th Ave, 100 Bellevue, WA 98006 )wdn-dod p.1oqei a1 .1a1i1AYJ ap U!JB e.mtpel.l e1 , zanday Ti Vuong 4916 SE 2nd Pl Renton, WA 98059 Lavonne Scott 13621139th Ave SE Renton, WA 98059 Aaron Bareuther 5017 SE 2nd St Renton, WA 98059 Rick and Rita Jackson 5012 SE 2nd Pl Renton, WA 98059 CBS Handley LLC 19625 SE 140th St Renton, WA 98059 G. Wavne Potter Novastar Development, Inc. 18215 72nd Ave S Kent, WA 98032 Russ Berg 14017 SE 139th St Renton, WA 98059 Jim Hageman 4910 SE 2nd Pl Renton, WA 98059 r wi.a6p:I dn•dOd asodxa l oi aun 6uo1e puas I JUdW<:JP~t."1,t,J ap suas " @09(5 @All3/\'lf l1Jeqe6 a1 zas1111n ,a1ad ~ sa1pei sa»anb!l~ Phu Van and Loretta Dang 14021 SE 136th St Renton, 98059 Marv & Michael Miller 1916 33rd St SE Auburn, WA 98002 Timothy Michaud 355 Field Pl SE Renton, WA 98058 Colin & Tina Urv 4905 SE 2nd Pl Renton , WA 98059 Rav & Kathleen Luquette 13714 139th Ave SE Renton, WA 98059 Loretta. Ben, Phu Van & Hein T Lo, Tran & Da 14021 SE 136th St Renton, WA 98058 Scott & Robin McMahill 14125 SE 136th St Renton, WA 98059 Johnny Bulow 13915 136th Pl SE Renton. WA 98059 r I I I @0915 a1e1dwa1 @f.JaA>; asn s1aqe1 @laad lisea November 5, 2014 Wayne Potter Novastar Development, Inc. 18215 72nd Ave 5 Kent, WA 98032 Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: REQUEST FOR SIGNED PLAN SETS AND NOTICE OF LOT LINE ADJUSTMENT APPROVAL Copperwood, LUA14-000730, LLA Dear Mr. Potter: The City of Renton has finished reviewing your proposed lot line adjustment and is now ready to send the final version for recording. Please submit five sets of original signed lot line adjustment plan sets and a check for $15.81 made out to Champion Couriers to my attention at the sixth floor counter of City Hall. Please verify that the plan sets have been signed by all owners of record and have been notarized with an ink stamp (not embossed). The ink stamp must be legible so that King County will promptly record the lot line adjustment. This decision to approve the proposed lot line adjustment is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner by 5:00 pm, November 19, 2014. Appeals must be filed in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information on the appeal process may be obtained from the City Clerk's Office, (425) 430- 6510. If you have further questions regarding this project, please call me at (425) 430-7219. Sincerely, Rocale Timmons Senior Planner cc: Colin & nna Ury, Timothy Michaud, Marvis & Mary Miller, Richard Stuth, Scott McMahill, Robin F. McMahill, CBS Handley, LLC, Phu Van Dang, Loretta Lo He·1n, T. Dang, Ben P. Tran / Owner(s) Barbara Rodgers, Quadrant Corp./ Applicant Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov • Can f;P'1 ~e atJ?/.e.f' and .f,VJ,::( a,r ,n:; ?Cl'?~ DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: MEMORANDUM October 29, 2014 Rocale Timmons, CED Planning, x7219 Rohini Nair, Plan Review, x 7298 SUBJECT: Copperwood lot Line Adjustment, File No. LUA14-000730, LLA Since the lot line adjustment does not create any land locked parcels without access via a recorded access easement or public ROW, I am okay with the lot line adjustment. Plan Review: Rohini Nair Date Plan Review reviewed with comments Memo -LLA14 000730 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: SUBJECT: M E M O R A N D U M October 27, 2014 Robert Mac Onie, Property Services Rocale Timmons, CED Planning, x7219 Copperwood Lot Line Adjustment, File No. LUA14-000730, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services acceptance: ~ ~- ~~~()! ) \ . _i?_~_-_::__..->_..->~ )_ lV_/\.)_· ~ \'~~/ __ -<;._/ __ \o-+l~~ D \ ~ Robert T. Mac Onie, Jr. PLS Date cc: Yellow File Property Services Approval Memo· LLA 10 27 14 doc.dacx Denis Law Mayor November 5, 2014 Wayne Potter Novastar Development, Inc. 18215 72nd Ave S Kent, WA 98032 Community & Economic Development Department C.E."Chip"Vincent, Administrator SUBJECT: REQUEST FOR SIGNED PLAN SETS AND NOTICE OF LOT LINE ADJUSTMENT APPROVAL Copperwood, LUA14-000730, LLA Dear Mr. Potter: The City of Renton has finished reviewing your proposed lot line adjustment and is now ready to send the final version for recording. Please submit five sets of original signed lot line adjustment plan sets and a check for $15.81 made out to Champion Couriers to my attention at the sixth floor counter of City Hall. Please verify that the plan sets have been signed by all owners· of record and have been notarized with an ink stamp (not embossed). The ink stamp must be legible so that King County will promptly record the lot line adjustment. This decision to approve the proposed lcit line adjustment is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner by 5:00 pm, November 19, 2014. Appeals must be fried in writing together with the required fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by RMC 4-8-110 and information on the appeal process may be obtained from the City Clerk's Office, (425) 430- 6510. If you have further questions regarding this project, please call me at (425) 430-7219. Sincerely, Roca le Timmons Senior Planner cc: Colin & T1~a.Ury, Timothy Michaud, Marvis & Mary Miller, Richard Stuth, Scott McMahill, Robin F. McMahill, CBS Handley, LLC, Phu Van Dang, Loretta Lq Hein 1 T. Dang, Ben P. Tran / Owner{s) Barbara Rodgers, Quadrant Corp./ Applicant Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DATE: TO: FROM: M E M O R A N D U M November 5, 2014 Official File/ LUA14-000730 Copperwood LLA Rocale Timmons, Senior Planner SUBJECT: Principles of Acceptability of a Lot Line Adjustment Section 4-7-0608, lists 3 principles of acceptability that the Administrator or designee considers, along with all other relevant information, when making a decision on a Lot Line Adjustment application. Check the appropriate box and give analysis, if necessary: D Correcting: Adjust lot lines including the elimination of a common lot line in order to correct property line or setback encroachments; Staff Analysis: N/A [8J Improving: Create better lot design, or improve access; Staff Analysis: The proposed lot line adjustment will segregate an existing single family residence and associated improvements on Lot 4 from abutting parcels proposed for subdivision (Copperwood Preliminary Plat, File no. LUA14- 000550). The proposed lot line adjustment results in a better lot design as well as improved access for the existing lot and resulting parcels to be subdivided. [8J Conforming: Conform to applicable zoning: see chapter 4-2 RMC, subdivision and other code requirements pertaining to lot design, building location and development standards. Staff Analysis: The applicant is requesting a Lot Line Adjustment to four existing parcels in order to define boundaries for the pending Copperwood Preliminary Plat. The proposed lot line adjustment revises the lot lines such that the parcel containing an existing single family residence may be segregated out from the proposed preliminary plat. The subject property is located on the south side of SE 2nd Place between Field Place SE and 143rd Ave SE. The 8.79-acre site is located within the Residential-4 Principles of Acceptability of Lot Line Adjustment Copperwood LLA Page 2 of2 October 27, 2014 dwelling units per acre (R-4) zoning classification. New lot sizes would range from 45,913 square feet to 170,019 square feet. The site currently contains three single family residences and several detached structures. Access to the revised parcels would continue to be gained from SE 2nd Place via existing driveways and access easements until such time access is provided through the Copperwood Preliminary Plat. The site contains a Class 3 stream (Maplewood Creek) and critical slopes (exceeding 40%}. No impacts to critical areas on site are proposed as part of the requested Lot Line Adjustment. In conformance with the City's adopted subdivision regulations, all abutting rights-of-way and new rights-of-way dedicated as part of the plat, including streets, roads, and alleys, are required to be graded to their full width and the pavement and sidewalks are to be constructed as specified in the street standards. The internal public street, which would provide access to the segregated lot once subdivided, have been proposed with a right-of-way width of 53 feet which meets the City's complete street requirements for residential access streets. In the interim access to proposed Lot 4 will remain the same via a 20-foot wide access easement extended from SE 2nd Place. h: \ced\p 1 arming \current p Jann in g\proj ects\ 14-0007 30.rocal e\principl es of acceptability. docx REAL ESTATE INVESTMENTS, LAND DEVELOPMENT, PROJECT MANAGEMENT $ \7(,N 01 €, ,v1,e. 0-=PJ,\ ' \.._, Rocale Timmons Senior Planner City of Renton LtlA 14 -OODlz;,O Community and Economic Development 1055 South Grady Way Renton, WA 98057 September 4, 2014 COURIER DELIVERY RE: Responses to Lot Line Adjustment Revision Request Plat of Copperwood City of Renton File No. LUA14-000730, LLA BCE Job No. 16834 I NS Job No. 9502 Dear Rocale: We have revised the plans and technical documents for the above-referenced project in accordance with your Revision Request letter dated August 25, 2014. For you review, I have enclosed three (3) copies of the revised Copperwood Lot Line Adjustment (LLA) prepared by Barghausen Consulting Engineers, Inc., dated September 3, 2014. The following outline provides each of your requests in italics exactly as written, along with a narrative response describing how each comment was addressed: 1. Note the City of Renton land use action number and land record number, LUA14-000730 and LND-30-0384, respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number Response: As requested, we have revised the type size of the land use action number and land record number. 2. The stated bearing between City of Renton Survey Control Network monuments # 478 & 1855 under Basis of Bearing, on sheet 2 of 3, is incorrect. Also provide the distance between them as well as a check for scale. Further, City Mon # 2104 at the intersection of SE 2nd Pl and 144th Ave SE is a Survey Control Network monument, monument data follows: • MID 2104 • LocDesc Found a 1" steel pipe with plug and tack down 0. 9' in a monument case at the constructed intersection of SE 136th Street & 144th Avenue SE • TypeDesc 1 IN STEEL PIPE WIPLUG & TK, IN CASE, DN. 0.9' • NORTHING 54350.401 • EASTING 400898.805 • Elevation 121. 719 Response: As requested, we have made the suggested corrections. 18215 72NDAVENUE SOUTH KENT WA 98032 (425)251-6110 (425) 251-8782 FAX WWWNOVASTARDEV.COM Rocale Timmons Senior Planner City of Renton Community and Economic Development -2 -September 4, 2014 3. The location of which is shown in the Section Control sketch on sheet 2 Of 3 but no monument is called out; please do so. There is also a spelling error in the Basis of Bearing "RENTONY" [sic}. Response: We have provided the monument reference and corrected the spelling error. 4. Change the declaration block on sheet 1 of 3 to "OWNERS' DECLARATION". Response: The declaration has been revised as requested. We believe that the above responses, together with the enclosed revised plans and technical documents, address all of the comments in your Revision Request letter dated August 25, 2014. Please review and approve the enclosed at your earliest convenience. If you have questions or need additional information, please do not hesitate to contact me at this office. Thank you. GWPldm 16834c.009.doc enc: As Noted Respectfully, ~ c),4))~7~ G. Wayne Potter Vice President cc: Barbara Rodgers, Quadrant Corporation -w/enc Chris Jensen, P.E., Barghausen Consulting Engineers, Inc. Barry Talkington, P.E., Barghausen Consulting Engineers, Inc. Sandy Bailey, Novastar Development Inc. ., __ , August 25, 2014 Wayne Potter Novastar Development, Inc. 18215 72nd Ave S Kent, WA 98032" Subject: REVISION REQUEST Community & Economic Development Department C.E."Chip"Vincent, Administrator Copperwood LLA / LUA14-000730, LLA Dear Mr. Potter: The City of Renton has completed the initial review of your proposed lot line adjustment. The following changes will be necessary in order for the City to approve your proposal: 1. Note the City of Renton land use action number and land record number, LUA14- 000730 and LND-30-0384, respectively, on the final submittal. The type size used for the land record number should be smaller than that used for the land use action number. 2. The stated bearing between City of Renton Survey Control Network monuments# 478 & 1855 under Basis of Bearing, on sheet 2 of 3, is incorrect. Also provide the distance between them as well as a check for scale. Further, City Mon # 2104 at the intersection of SE 2nd Pl and 144th Ave SE is a Survey Control Network monument, monument data follows: • MID 2104 • LocDesc Found a 1" steel pipe with plug and tack down 0.9' in a monument case at the constructed intersection of SE 136th Street & 144th Avenue SE. • TypeDesc 1 IN STEEL PIPE W/PLUG & TK, IN CASE, ON. 0.9' • NORTHING 54350.401 • EASTING 400898.805 • Elevation 121.719 3. The location of which is shown in the Section Control sketch on sheet 2 Of 3 but no monument is called out; please do so. There is also a spelling error in the Basis of Bearing "RENTONY" [sic]. Renton City Hall , 1055 South Grady Way • Renton, Washington 98057 , rentonwa.gov 4. Change the declaration block on sheet 1 of 3 to "OWNERS' DECLARATION". Once the changes, as noted in the attached memo, have· been made; please submit three copies of the revised lot line adjustment to me at the sixth floor counter of City Hall. The revised plans will be routed for final review and you will be notified when it is ap.propriate to submit the final signed documents. If you have any questions regarding your application or the changes requested above, please contact me at (425) 430-7219. Sincerely, Rocale Timmons Senior Planner Attachments cc: Colin & Tina Ury, nmothy Michaud, Marvis & Mary Miller, Richard Stuth, Scott McMahill, Robin F. McMahill, CBS Handley, LLC, Phu Van Dang, Loretta Lo Hein, T. Dang, Ben P. Tran/ Owner(s) Barbara Rodgers, Quadrant Corp./ Applit:ant .Denis Law Ma_YOr June 11, 2014 Wayne Potter Novastar Development, Inc. 18215 72nd Ave S Kent,.WA 98032 [; City of . · .. ·. .· .. . ;1i:~01ll(IDW) Community & Economic Development Department C.E."Chip"Vini:ent;Administrator . Subject: Notice Of Complete Application Copperwood, LUA14-000730, LLA Dear Mr. Potter: • The Plahning Division ofthe City of Renton has determined that the subject application is complete according to submitt.al requirements and, therefore, is accepted for review. . . . . . . ·. . . ·- You will be notified if any additional infor~ation is required to continue processing vour application. Please cont ah me at {425) 430-7219 if you have any questions. Sincerely, . ·71> ... ~· .. · ... · .. ·.·· ... ·. ··.~ . . . . - . . .· ' . . . -- ' . ' RocaleTimmons Senior Planner cc: . . . - Conn & Ti·na Ury, Timothy Michaud, ~arvi~ & Ma~ Mill~r.;-Ricba~d·S~ut~, Scott McMah.ill, R6bin -~. McMahill: . CBS.Handley, LL~, Phu Van Dang, L<;netta Lo He.in, T. Dahg, se·n P. Tran /.Owne.r(s) . . Barbara 'Rodgers, Quadrant Corp./ App.Jicant I • , • . . . -. -. . Renton Cify.HaH • 1 OSS South Grady Way • Renton, Washington %057 .• rentonwa.gov .' .. ,, City of Renton LAND USE PERMIT RECEIVED MASTER APPLICATION JUN -5 2014 PROPERTY OWNER($) PROJECT INFORMATION PROJECT OR DEVELOPMENT NAME: NAME: SEE ATIACHED LIST COPPERWOOD PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: ADDRESS: 5007 SE 2ND PL 5001 SE 2ND PL 5013 SE 2ND PL CITY: ZIP: 14217 SE 136TH ST TELEPHONE NUMBER: KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): 152305-9216 152305-9066 APPLICANT (if other than owner) 152305-9201 152305-9067 EXISTING LAND USE(S): NAME: BARBARA RODGERS SINGLE FAMILYNACANT PROPOSED LAND USE(S): COMPANY (if applicable): QUADRANT CORP SINGLE FAMILY EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: ADDRESS: 14725 SE 36TH SUITE 100 RLD -RESIDENTIAL LOW DENSITY PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION CITY: BELLEVUE ZIP: 98006 (if applicable) NIA EXISTING ZONING: TELEPHONE NUMBER: 425 452-6542 R4 CONTACT PERSON PROPOSED ZONING (if applicable): N/A SITE AREA (in square feet): NAME: WAYNE POTIER 382,959 SF SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): NOVASTAR DEV INC DEDICATED: NIA SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 18215 72ND AVES NIA PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: KENT ZIP: 98032 ACRE (if applicable) TELEPHONE NUMBER AND EMAIL ADDRESS: NUMBER OF PROPOSED LOTS (if applicable) NIA 425 251-6110 WPOTTER@NOVASTARDEV.COM NUMBER OF NEW DWELLING UNITS (if applicable): NIA H:\CED\Data\F01n1~-Templatcs\Sclf-Hclp Handouts\Planning\ma.<iterapp.doc -I -03/11 ,, P .. JJECT INFORMATION (con .... ued) --~-----~----------- NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: 4 $850,000.00 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): N/A IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 9 n7n SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): NIA SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NIA NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): 0 ~-----·-·· 0 AQUIFIER PROTECTION AREA ONE 0 AQUIFIER PROTECTION AREA TWO D FLOOD HAZARD AREA IX GEOLOGIC HAZARD 7,064 D HABITAT CONSERVATION c¥ SHORELINE STREAMS & LAKES 5,047 D WETLANDS LEGAL DESCRIPTION OF PROPERTY (Attach leaal description on separate sheet with the followina information included! sq. ft. sq. ft. sq. ft. sq. ft. sq. ft. SITUATE IN THE SE 1/4 QUARTER OF SECTION..:!..§__, TOWNSHIP 23N, RANGE ..5E_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP ( ' /' \ .. r-A, -lQ,.C. . ~~ . I -'c£.W'.d, (;., ' ' . ~/~ __ Ji·tr·._r ( \_ I (i\. \ I, (Print Name/s) \_/ ·---... _,)(/\ A :, , \ ~/../' , , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) / the current own./ of the property involved in this application or ./ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. I I 5:2-7; l'J Date Signature of Owner/Representative STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that C.f-lA 12. <--t" S T. /-h4f!DI-Ey' signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpo;e mention.ed in the instrument. .':. , ', 1 !,. " J <~/\ / 't; > t:;, /'Z 7/ ,Z,1) f ~ ::,.''''"\\\\11111 1 ;r ~ j 1 '-/U<J ·};\.J!./, ' ! (/ '.µ ' ' ' ~~ ... ,:,,·NE A..: ,,,, ' V • ·if J_; .;: G· ~~="'''" ,,. t/ Date Dated ~ ,. ··u~ ; Notary Public in and fdr the State~/ Washington = =-'"h OT.&... ~ " -.. .., 7 : ~,--,,~~, ~ :: ;Q";~ .l ... k \J ~ t '/··''\/{·J't' .... ?1'1-:'17.'.A, .. ~" v, ·' L r " Notary(Print): i:2' u· -/-"<~·-/ ' ja:'_ I I'{...-/<C . \ ~-;>-?ftJ! J el: i !/' z ""; , -z_(} /uf' \ ~ '·~-\tl~O ff My appointment expires: ----'---'----'---------- 11 0 ,..,,-C, ~ 'i1,1 'I> WAS\.\\~ #° 1111111""'"'~ H:\CED1nata\Fom1s-Tcmplates\Se\t:.Help Handouts\Planning\masterapp.doc -2 -03111 F ,n)JECT INFORMATION (con •... uedl ,--"--'-:___c_---'---'-----------~ NUMBER OF EXISTING DWELLING UNITS (if applicable): PROJECT VALUE: 4 $850,000.00 SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): NIA IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 0 070 SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable): N/A SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): N/A NET FLOOR AREA ON NON-RESIDENTIAL BUILDINGS (if applicable): N/A .• NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): 0 '-..---~---~-------~ D AQUIFIER PROTECTION AREA ONE 0 AQUIFIER PROTECTION AREA TWO 0 FLOOD HAZARD AREA Ill GEOLOGIC HAZARD 7,064 0 HABITAT CONSERVATION ~ SHORELINE STREAMS & LAKES 5,047 0 WETLANDS LEGAL DESCRIPTION OF PROPERTY (Attach leaal description on senarate sheet with the followina information included) sq. ft. sq. ft. sq. ft. sq. ft . sq. ft. SITUATE IN THE SE 1/4 QUARTER OF SECTION .!§_, TOWNSHIP 23N , RANGE JiE_, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON AFFIDAVIT OF OWNERSHIP I, (Print Name/s) '5 C · ILL declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. ( Signature of Owner/Representative Date Signature of Owner/Representative STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that , Yo:ti /l/,a() /l7t,/) kilt /6 signed this instrument and acknowledge it to be his/her/their free and voluntary act for the a· uses and purpose mentioned in the instrument. - Date ''""""""'" !V-' :./ , . { C :1. ~ ' 1 , · {) 0/ ,,,, iOBQ 1111 ,,, u0.JJ_ Vt!!!_'° / --"-~=---'"'--''-'-_J_-.,~~~:ii.''""'''\\l\lf ~'5'.L...t1, ~'-"4'-"""'<~~~~---------------~ ~-~oN 14-'.:,,,, ·r;, 1,, Notary Public in and for the State of Washington = :,A ~1,:.. ~ ! t. ~o "1-~A t //,~---/ ~ i Jo -• -"'~ § Notary (Print): L{}.ftf1 ljt)u!i .. . ?tt'ft?j= \ \ "ue\.'c, Jt 1 . '1i501_·4; '[1.-,_ )a/':(zP ' \ _,-,, (b .:: J.:.. -/(, r/ \ ~,,,,,,.J·09· \,,"'.,.(:; }My appointment expires: ----'-(_.,)'=3,,_~-LrY!L~-__,fic.-b.c· _________ _ ,,, . l' ~ hi\\\\\\'''' ':(\~ $ ,,,,,, OF w,-s;.,.,.~ 11"'''""'''~ · H:\CED\Data\Fonns-Templates\Self-Help Handouts\Planning\masterapp.doc -2 -03/11 t AFFIDAVIT OF OWNERSHIP I, (Print Name/s) , declare under penalty of perjury under the laws of the State of Washington that I am (please check o e) the current owner of the property involved in this application or __ the authorized representative to act for a corporation (pleas attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. f¥~\jM,71,~hl ffi'J/\l\1hill Signature of Owner;:;esentative Date Signature of Owner/Representative STATE OF WASHINGTON ) ) ss COUNTY OF KING ) 1 certify that I know or have satisfactory evidence that Kt2 ~ p:'01.:1;, .,JI\.£_, n1 cfrhhJ{ signed this instrument and acknowledge it to be his/her/their free and volfI'niary act for the Date uses and purpose mentioned in the instrument. . j . ~ ~ 3 i · ' ,,,,-::-:,.oa·~····· !1 . i . { '.). ~DJ "t /~'t:ioN't"•,~-s-'~· -~c ...... { .. t1uL~u"· .... 1_<_._1,_i_f·_u· ___ J_· -------------- Dated f~" 0 -iA.,. -t....;;,,,,"' Notary Public in and for the State of Washington ~ t~ ~ >-i<I', . l t8 .. -·-C, "'J.. Notary(Print): U!.rofllt1Jtfsl, ''. LiLLC._1 ~ Ill~, VB\.."° : c 11 , ,.., ,,,i,. L,<,,-, ir1Ztf'u-Wj:j t -" \ J 09 \;;, __ .. "· " ' e<-r -"-"" 11 ..,.,..,,,, .. ~ ...... ~" ~.. D-:; cf-)-1 / . ,,,,, t-•1,,,1'"'''''""',~ .:-,~Y appointment expires: -"---'0'--· ---''-'-------------- 'hi, 0~ W p..S ,"' tlH\H\\W~"'~ H:\CED\Data\Fonns-Templates\Self-Help Handouts\Planning\masterapp.doc -2 -03111 I I t. AFFIDAVIT OF OWNERSHIP I, (Print Name/s) R IC04t2 D £.c_S' TI/TH , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) _L_ the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the informal' n here 'th are in all respects true and correct to the best of my knowledge and belief. Ahf.~(L.4,?~~4---s-;t!>j2-e,1 t------ Date Signature of Owner/Representative STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that fZ tc..l"l,4tC./> ~ 71A 71f signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. 15 · ,z DJ · u ri,"'"' .::, ,,. Date Dated .S-'~YNE'~111 •1, :,, Q,· ~~"~"'.... ~ [ p"' ~l\ \ Notary (Print): _.,,.tqq...:•-'!~.L!-"-!U.'l-'/~=--=-t=--+t:,h-""'--L/-1-/-eJ?=--'-----; = ~,~ ~r ~ a, J ~ ~ _. 1 :; I -?a "7f!/f? ~ -, L -:: My appointment expires: ' V-/ ' ~ I ,;. i ''..lt~; _/ ~ E -----'---------':...._..::.._..::....,'-"'------- ~1 0 ;!:,-',.~ ~ 1111,1~ WAsl"l\~G> ... ~ H:\CED\Oata\Fonns-Templat~~~'Jouts\Planning\masterapp.doc -2-03/11 I I AFFIDAVIT OF OWNERSHIP I, (Print Name/s) ~1Jill1D_ __ , declare under penalty of perjury under the laws of the State of Washington that I am (please check one) the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. ,J Date Signature of Owner/Representative STATE OF WASHINGTON ) ) ss COUNTY OF KING ) r certify that I know or have satisfactory evidence that 'l t signed this instrument and acknowledge it to be his/he-~r-'::lth!Je'-'i"r f;':re"-e'-:ca,.nd"'.'-:!J/i'"-nt"'a'-cry"-c:-ac-:-:t--;fo-:-,c-tc:-h-:-e uses and purpose mentioned in the instrument. S/zct{ ij 1 t:ccflk~ Dated for the State of Washington Date JUDY MACCARRONE Notary Public State of Washington My Commission Expires January 01, 2018 Notary (Print): __ ----'J"'--'-'i ''-'lcJ'--''-=· i--[ ---'-'/)_11___:{_:.:IC'-'·c'-"o"---'---1'---11-"C-'-v'---1 -""f-~----- My appointment expires: ____ I'--'-;-'--'-"-------------- H:'·CED\Data\Fonns-Tcmplates\Self-Help Handouts\Planning\masternpp.doc -2 · 03rl l j I AFFIDAVIT OF OWNERSHIP I, (Print Name/s) ,;/ti( v ~-,,.__;. ,.;. f:il:·1C:{_(_.: u t S"1 , declare under penalty of perjury under the laws of the State of Washington that lam (please check one) V the current owner of the property involved in this application or __ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. Signature of Owner/Representative STATE OF WASHINGTON COUNTY OF KING ss c/J'7/jc1 Date Signature of Owner/Representative I certify that I know or have satisfactory evidence that :'.){i:-1.,~ r-.J A 8,[J2.l l.J(.,1 I S7' signed this instrument and acknowledge it to be his/her/their free and voluntary act for the uses and purpose mentioned in the instrument. 5/zs/11 I l , I , ti,-,: 1lz, V /,: · '..J, c... ) , t-·N, ,----- Dated Notary Public in and for the State of Washington ,,,,,,,,,,,,,. Date ,,, ~ACh~-"'~"' ........ ;.~~-~ Notary (Print): _ _._··~,-'1_.~'-· -'"_· __ /_)~"-· _d_L_·c)~{..·_0 _________ _ l (!J_:,.-:;;,."oN i.;,. .. o \. j ig ~T AA'r \\"I, \ s • .: ~ ~I~ • ._:~ ' I J:>.-,. • ' ~ Cit •. • ur,L\V / ~ ~ My appointment expires: __ rL· +-l~f_,_I~'>-_____________ _ .. .... w·· . H:'-CED._Data~)~-i.c:.Ai,.-~);',!! outs\Plamung\masterapp.doc -·~ .. ,, "':,. ......... -~ ' --~~P" w,.. SY;';,,,, 03.· 1 I I ' ' Copperwood Parcel Information (LOT LINE ADJUSTMENT) I Parcel Number Address Property Owner 152305-9216 5007 SE 2ND PL STEVEN BERGQUIST &AVANTI BERGQUIST 152305-9066 5001 SE 2ND PL RICHARD E STUTH 152305-9201 5013 SE 2ND PL SCOTT A MCMAHILL & ROBIN FORSYTHE MCMAHILL 152305-9067 14217 SE 136TH ST CBS HANDLEY, LLC , · · First American Title ~ First American Subdivision Guarantee ISSUED BY Schedule C First American Title Insurance Company GUARANTEE NUMBER 2254749 The land in the County of King, State of Washington, described as follows: PARCEL A: LOT 1, KING COUNTY SHORT PLAT NUMBER 280031, AS RECORDED UNDER RECORDING NUMBER 8008040570, SAID SHORT PLAT BEING DESCRIBED AS FOLLOWS: THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL B: LOT 2, KING COUNTY SHORT PLAT NO. 280031, RECORDED UNDER RECORDING NO. 8008040570, IN KING COUNTY, WASHINGTON. PARCEL Bl: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE WEST 30 FEET OF LOT l OF SAID SHORT PLAT. PARCELC: TRACT A OF KING COUNTY SHORT PLAT NO. 574002, RECORDED UNDER RECORDING NUMBER 7503030294; BEING A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W .M., IN KING COUNTY, WASHINGTON; PARCEL Cl: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS ESTABLISHED UNDER KING COUNTY RECORDING NUMBER 9109240784, RECORDS OF KING COUNTY, WASHINGTON. PARCEL D: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN., IN KING COUNTY, WASHINGTON, LESS THE NORTH 170 FEET OF THE EAST 170 FEET THEREOF. AND LESS THAT PORTION DEEDED TO KING COUNTY UNDER RECORDING NO. 20030905000417. (ALSO KNOWN AS A PORTION OF LEGAL STATUS NO, L03M0026). m 5003353 (2-1-13) Page 13 of 13 uarantee Number: 2254749 First American Title CLTA #14 Subdivision Guarantee (+10.75) Washlngto iJ .' ~ •. ·· j--...-.~ After Recording Return to: ifikSo Kreischmel'.Smith Dixon Ormseth PS 2ciis FitstAvenue; Suite 1130 111111111111111111111111111111111 S~attl~. WA 98121-2100· .· Attn{ Btib Fi~o .. · . 20140319000462 FIRST AMERICAN MEMO 34.00 PAGE-0111 OF 1103 IVED 03/19/2014 119,45 RECE KING COUNTY, WA { .,,·":.~: Reference Numb~rs of Relat~d ~ur11~~;~,i~804()"70)1ol2407g3 Grantor{s); STEll[e'ERGQIJIST,and AVANT! !1Ell'Gqu1sr MD Grantee(s): THE QUADl'IANT <;ORPOIIATION.'" ,.-: i Abbreviated Legal Descripti<i'n; ,·· Lot 2.j<CSP ~o. 2~03t; King C:ounly Rec. No. ~0011040570 Additional Legal Description is on' Exhib.ii 1 of .liocu.ment' .,· Assessor's Property Tax Parcel or Accqi,nt No".: 1!/2305i!l2:i6 .. ,, . . ... MEM:RANDUM o/AGRi:EME~l JUN -5 ZG14 CITY OF RENTON PLANNING DIVISION THIS MEMbRANDUMOF AGREEMENT ls being executed ~~drei:et'ded·t,y arid betwee~-SIEVE BEllGQriisr~~d AVANTI BERGQUIST MD, husband and wife (together, "Bergquist"), '\fid Tl:IE QliADRA"!J,CORPQRA"J:JbN,}i Washiritlon co'rparatiori:("Quadrant"), dated February 27, 2014 ("Agree&,entr), coficerning Q~adrailt'sigreement to ma.lie cert,iiin irr/provements on and for the real property owned by Bergquist, climmonly !«ioYm as .Sll07 SE 2nd Placti, Renton WA,'9805'); and legally described on Exhibit 1 attached ("Propert\('.}, anc;tBergquist's agr~ement to reUhquist)·-Sergq~'ist's benefic.l~I easement rights under instruments recorded in Ki 0 nii'.Cc>uniy under rios. 800804()570 and 910924071fa, alias. provided further in and subject to the terms and iilnditiJ>~s ofthe Agreement. . .. . .. .. ,. . This Memorandu(rl'isi~lelv..for'the p0rpose of providing notice of the Agreement and in no w~/amends, modifies, suppl~m~nts o,.otheiwise,·~ffeds ani term&or,.~onditlons of the Agreement . .. ,,• ' . •' ' This Memorandum 111av ~ .ex~cut¢d.,iri multiple idintical counterparts. . ; . .··' . ··, .• ,,..,,.- BERGQUIST: QUADRANT: !21:·· .. .c::.._ C By: --,,&~;4':,;::::4Li)'="'~,::,-ri-;,,n,,_--',-.- N a me: --"-c'==''-";~-,e.:::.,......:,.:14!::.Jci:,::.=::;.,..-",--"-..:C' · ... Title: _ _JLJ:.~--'!::i:="---'Z<l~-,i:..,,..;;;._..,..;...,::._- 1 1:\Qhom,t1\:l.1217D\doa\bffaqul,11 .,.. ...... nl\melPIOl"•ndu.mbl(l(l11ltt•a,••1Mnt0l.llrbf)d.doc. ,, ... ~fari: OFWASHINGTON /co~NlV~F 1/:~2t ' . ' . ' . 55. . ·\certify th.it I kriow·o'r have s~tisfactory e•idence that STEVE BERGQUIST is the person who appeared before me, and'ackno;,.,ledge<l that h<l.signed thi~ i,l'l~trum~iii and acknowledged it to be his free and voluntary act for the uses .and purpose$ ;,,~ntioi:t~d io' this}nstt~riient,· ,/ ss.·: I certify that'; kn~}orhave satisfactory evidence that AtANTI BER~O.U~T is the pe;;0n·wii(i apJeared.~efof; me, and acknowledged thatshe signed this instrument and ackriilwledged,it to be h<1r'fie'ifand voluntary act for the uses an<f Pur~~S. mentioned in this instrument. ·· :· ·' · ·' · COUNTY OF KING '':,.,,-.:,,• ···.··:..,i: .:'i 'P4ro4~ ~< -\. Name (typed or pred)cfAIKde... Bi+!?!"'-" NOTARY PUBLIC in and for the State Washlr\gto~: Residing at B<,.l{tWl,C,t.., My appointment expires: ~O=:i'L/ O"-'i,_..,{l~t.,"'-------- ss.{ ·· On this z.&.,lay of Kl}QI &&!-'1 : :· . 2014, blifore,!ne j:l~rsonally appeared 5'1,"'1""'2-,:::'. , \1c..,-.. '-~ • to ill!' knowl}•to be the:' VI Ya 9 /U{l {O.,-,.., 1 of THE QUADRANT CORPORATION, the corporation that e'xe,;wted thiwithin an,d for~goi~g inst6ime·nt, and acknowledged the said instrument to be the free and voluntary act and deed of.said corporation. for the uses and purposes therein mentioned, and on oath stated that he was auth~ized tp,.exec,,lte ~id i~.St;Uh,ent art'Ci"t:hat:the seal affixed 1 if any, isthecorpor:;;,~i~~~Ft~ · < .. JG M ~ ,...-< ~ e; .. ~·"TAA~'"'iv· \ Name (typed or prlnie"): 6:A~'4t-"<.iu-l ~ : u -' ~ i ~ NOTARY PUBLIC in and for t!ie State Washlpgiiln l: ! -·-• l: Residing at ?:<, @LLµrii :· .. · \. ~ \ ~IJSLIC J ~ l My appointment expires: ti / I 1: / / ? ~ "f')l.'-.!'!'~15-'\~ ..... "-' "':,.: ("... . ......... -,lit\<!),,, ----Op W ~Sy,.~·,,11 ..,,,.,,,.,,,11111 2 1:\Qh-1\l.12170\l:IDD\befsqulst ..-C\mllmon1~Nm.ntOl.llrbf)d.doa ·, ' .. EXHIBIT l TO MEMORANDUM Of AGREEMENT LEGAl DESCRIPTION Of PROPERTY ,, ' Lot i of King C~uriv Shgrt·flat tfo. 2~Q(f31, recqrding no. 8008040570. . . . .,·' . '·,,: ... Si\uat~ In Ki~gCoufi\y, ~1shirj(p~. . ,. . -. .. ;. ·-~- 3 ,:\qho,,..,\l.12170\doQ\berfqUist q:rttment\memor1ndumbef&q.Ji111P-"101, l(rl)f}ctlior.. • Name: LOT 1 North: 178306.2523' East: 1308839.8654' Segment #1 : Line Course: S00"32'31"W Length: 405.91' North: 177900.3604' East: 1308836.0260' Segment #2 : Line Course: N89"28'1 O'W Length: 43.29' North: 177900.7613' East: 1308792.7379' Segment #3 : Line Course: S00"31'50'W Length: 46.13' North: 177854.6332' East: 1308792.3107' Segment #4 : Curve Length: 47.38' Radius: 81.50' Delta: 033"18'34" Tangent: 24.38' Chord: 46.72' Course: S17"11'07"W Course In: N89"28'10'W Course Out: S56"09'36"E RP North: 177855.3879' East: 1308710.8142' End North: 177810.0026' East: 1308778.5078' Segment #5 : Line Course: S49"34'52"E Length: 60.80' North: 177770.5816' East: 1308824.7963' Segment #6 Line Course: S00"32'31'W Length: 100.02' North: 177670.5661' East: 1308823.8503' Segment #7 Line Course: N88"21'16'W Length: 155.65' North: 177675.0358' East: 1308668.2645' Segment #8 : Line Course: N00"32'11"E Length: 635.63' North: 178310.6379' East: 1308674.2150' Segment #9 : Line Course: S88"29'01"E Length: 165.71' North: 178306.2528' East: 1308839.8670' Perimeter: 1660.53' Area: 98899 Sq. Ft. Error Closure: 0.0017 Course: N72°06'59"E Error North: 0.00052 East: 0.00160 Precision 1: 976776.47 r \RECE\VED Name: LOT 2 JUN -5 'I.GI~ North: 178306.2523' East: 1308839.8654' ON li'f Of REl'H Segment #1 Line Course: S88°29'01"E North: 178301.8671' Segment #2 : Line C PLANNING o1v1s10N Length: 165.71' East: 1309005.5173' Course: S00"32'51"W Length: 413.84' North: 177888.0460' East: 1309001.5629' Segment #3 : Line Course: NB9°28'10''W Length: 98.53' North: 177888.9584' East: 1308903.0371' Segment #4 : Line Course: N43"27'49"W Length: 14.98' North: 177899.8310' East: 1308892.7324' Segment #5 · Line Course: N89"28'10"W Length: 56.71' North: 177900.3561' East: 1308836.0249' Segment #6 : Line Course: N00"32'31 "E Length: 405.91' North: 178306.2480' East: 1308839.8642' Perimeter: 1155.68' Error Closure: Area: 68128 Sq. Ft. 0.0044 Course: S15"07'05"W Error North: -0.00428 East: -0.00116 Precision 1: 262654.55 ***"****** .. *******************************"'****"***********"****u;,,r Name: LOT 3 North: 178297.5955' East: 1309166.8545' Segment #1 : Line Course: S00"33'31'W Length: 140.02' North: 178157.5822' East: 1309165.4893' Segment #2 Line Course: S88"29'01"E Length: 140.02' North: 178153.8768' East: 1309305.4603' Segment #3 Line Course: S00"33'31"W Length: 497.03' North: 177656.8705' East: 1309300.6145' Segment #4 Line Course: N88'21'16"W Length: 291.30' North: 177665.2355' East: 1309009.4347' Segment #5 : Line Course: N00'32'51"E Length: 222.73' North: 177887.9554' East: 1309011.5630' Segment #6 : Line Course: N89'28'10"W Length: 10.00' North: 177888.0480' East: 1309001.5634' Segment #7 : Line Course: N00'32'51"E Length: 413.84' North: 178301.8691' East: 1309005.5179' Segment #8 Line Course: S88'29'01"E Length: 161.39' North: 178297.5982' East: 1309166.8513' Area: 170019 Sq. Ft. Perimeter: 1876.34' Error Closure: 0.0041 Course: N48'49'26'W Error North: 0.00272 East: -0.00311 Precision 1: 457641.46 Name: LOT4 North: 177665.2329' East: 1309009.4337' Segment #1 : Line Course: N88'21'16'W Length: 185.66' North: 177670.5644' East: 1308823.8503' Segment #2 : Line Course: N00'32'31"E Length: 100.02' North: 177770.5799' East: 1308824.7964' Segment #3 : Line Course: N49'34'52'W Length: 60.80' North: 177810.0008' East: 1308778.5078' Segment #4 : Curve Length: 47.38' Radius: 81.50' Delta: 033°18'34" Tangent: 24.38' Chord: 46.72' Course: N17'11'07"E Course In: N56"09'36'W Course Out: SS9°28'10"E RP North: 177855.3862' East: 1308710.8143' End North: 177854.6315' East: 1308792.3108' Segment #5 Line Course: N00'31'50"E Length: 46.13' North: 177900.7596' East: 1308792.7379' Segment #6 Line Course: S89'28'10"E Length: 43.29' North: 177900.3587' East: 1308836.0261' Segment #7 : Line Course: S89'28'10"E Length: 56.71' North: 177899.8336' East: 1308892.7336' Segment #8 Line Course: S43'27'49"E Length: 14.98' North: 177888.9609' East: 1308903.0383' Segment #9 : Line Course: S89°28'1 O"E Length: 98.53' North: 177888.0486' East: 1309001.5641' Segment #1 O : Line Course: S89'28'10"E Length: 10.00' North: 177887.9560' East: 1309011.5636' Segment #11 Line Course: S00'32'51'W Length: 222.73' North: 177665.2361' East: 1309009.4353' Perimeter: 886.22' Area: 45913 Sq. Ft. Error Closure: 0.0036 Course: N25°55'21 "E Error North: 0.00324 East: 0.00158 Precision 1: 246175.00 PLANNING DIVISION WAIVcrt OF SUBMITTAL REQUlrtcMENT~ECEIVED FOR LAND USE APPLICATIONS JIJN -5 ZQ\4 . _,.,.,., f'I~ 12£NTO N LAND USE PERMIT SUBMITTAL WAIVED MODIFIED ~·01v1s10N · co . REQUIREMENTS: BY: BY: . Plat Name Reservation 4 Preapplication Meeting Summary 4 . Public Works Approval Letter, Rehabilitation Plan 4 . ··. Screening Detail 4 . Shore.line Tracking Worksheet 4 · ... .·,. · ... Site Plan 2 AND 4 S!ream or Lake study, siandard 4 . Stream, or Lake Study, Supplemental 4 Stream or Lake rvlitigation Plan 4 . Street Profiles 2 Title Report or Plat Certificate• Topography Map, . T raffle Study 2 Tree Cutting/Land Clearing Plan 4 Urban Design Regulations Analysis 4 Utilities Plan, Generalized 2 Wetlands Mitigation Plan, Final 4 Wetlands Mitigation Plan, Preliminary 4 Wetlands Report/Delineation 4 Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites zAND, Lease Agreement, Draft 2 AND, Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND, Photosimulations 2 AND, This requirement may be waived by: 1. Property Services 2. Public Works Plan Review 3. Building 4. Planning . &::?2 .. - .· j ,v ... . · .. ; ' .. . .. Z,) ~ , ··. . . ·. . .. 0~ d:/) -. I ~ . PROJECT NAME: _.(J-'-"'cA'°"71¥1211'-'::...L,._. '--'-'-~_i:5!_'0--'iL=:;J'-"--- DA TE: _ ___:_rJ:,.;._;A_~.;._»:......,./ f'------- ' · H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\waiverofsubmitt~lreqs 06/09 PLANNING DIVISION WAIVER v-F SU BM ITT AL REQUIRE1vu:NTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL WAIVED MODIFIED COMMENTS: .·· :,·: .... .-.·.-·-· '. . BY: BY: REQUIREMENTS: . .· . . Calculations 1 . Colored Maps for Display 4 Construction Mitigafon Description 2 ANo 4 Dee.d of Riglit-of,','1/aypedication Density Worksheet 4 . . Drainage Control Plan 2 .• Pl-.. . . . . . .. . . . Drainage Report 2 . ,? Elevations, Archifodural~AND4 .. .. Environmental Checklist 4 Existing ¢ovenants (Recorded ¢opyJ 4 . . . . . . .·. . . . .-.. . . .. · Existing Easements (Recorded Copy) 4 Flbod Hazard Data ~ . . Floor Plans 3 AND 4 Geotechriical Report 2 AND 3 , Grading Plan, Conceptual 2 . '.' . . Grading Plan, D!=tailed 2 . Habitat Data Report 4 lmprovt;,ment Deferral 2 Irrigation Plan 4 . King County Assessor's Map Indicating Site 4 . Landscape Plan, Conceptual• Landscape Plan, Detailed 4 .. Legal Description 4 Map of Existing Site Conditions 4 Master Application Form 4 Monument Cards (one per monument) 1 . Neighborhood Detail Map 4 Parking, Lot Coverage_& Landscaping Analysis 4 Plan Reductions (PMTs) 4 . Post Office Approval 2 . . .·. . • .. . . . . . . . This requirement may be waived by: 1. Property Services PROJECT NAME: __ 0;_,:?,-'-~"--~-'-~-'-',?M-~_~ __ /Ld:_·_'-- 2. Public Works Plan Review . 3. Building 4. Planning DATE: --..>.OC<'.4+-i--,~)'--~-+-1--- H:\CED\Data\ForTTis-Tl;!mplates\Self-Help Handouts\Plann_ing\waiverofsubmittalreqs 06/09 Existing Site Characteristics: Project Narrative Copperwood LLA RECF!, 1r··,.., , .. , r:·:u JUN -fl 2Ul4 CITY 06MTWii4 PLANNING DIVISION The project site is 8.79 acres in size (or 382,959 square feet). The property consists of four tax parcels (152305-9216, 9066, 9067, and 9201). There are three single-family homes on site and several associated outbuildings, utilities, and several private gravel/paved shared access drives. In the eastern half of the property is a larger forested area (covered with mixed deciduous/coniferous trees), Maplewood Creek, and an area of steep slopes (over 40%). The site generally slopes from the east to the west with an average slope ranging from 3% to 5%. The dominant on-site tree species are Cottonwood, Alder, Big Leaf Maple, Douglas fir, Western Red Cedar, and Western Hemlock that reach up to 42 inches in diameter. The understory cover is predominately Salmonberry, Vine Maple, Western Hazelnut, Sword fern, Sala!, Oregon grape, and Pacific Blackberry. The on-site soils consist of approximately 6 to 12 inches of topsoil overlying 2 to 5 feet of medium dense silty sand with gravel (weathered till} overlying dense to very dense silty sand with gravel (unweathered glacial till}. Glacial till soils are generally suited for residential development and are one of the more common soil types in and around the City of Renton. As discussed earlier, Maplewood Creek traverses the easterly one-third of the property and is classified as a Class 3 water body requiring a 75-foot buffer. The ordinary high water mark (OHWM) has been delineated and surveyed and referenced on the plans. Also, there are no threatened or endangered species of plants or animals mapped for this site. Primary access to the site is from N.E. 4th Street (principal arterial}, south on Jericho Avenue S.E. (collector arterial), and west on S.E. 2nd Place (residential access street). Two of the existing homes utilize a shared access easement (Lot 1 and Lot 4), and the home on Lot 2 has direct access to SE 2nd Place. Lot 3 is currently vacant. Project Proposal: The project proposal is a lot line adjustment (LLA) between four existing lots which are part of the proposed Plat of Copperwood (City File Number: LUA 14-000550). Per the LLA, the new lot sizes being proposed are: Lot 1: 98,899 square feet Lot 2: 68,128 square feet Lot 3: 170,019 square feet Lot 4: 45,913 square feet The overall project density is .50 dwelling units per net acre per the City of Renton Density Worksheet criteria. The proposed LLA is a result of a private agreement between Quadrant Homes (developer of the Plat of Copperwood) and the Bergquist property (under AFN 20140319000462). The LLA will increase the Bergquist lot (Parcel B; New Lot 4) by 18,398 square feet as agreed upon between the two parties. All four lots are zoned R-4 and the new lot sizes exceed the zoning requirements, including the required yard setbacks for the existing homes. -1 -16834.012.doc It is the applicant's intention to record the LLA prior to the recording of the final plat of Copperwood. In doing so, the new boundary of the four lots will match the boundary refiected on the preliminary plat map of Copperwood. There are no utility extensions, grading/clearing, or construction required or proposed as part of the Copperwood LLA application. -2-16834.012.doc -.:OPPERWOOD LOT LINE ADJU~ .. AENT DENSITY RECEIVED JUN -5 2014 WO R Ks HE ETCITY OF RENTON PLANNING DIVISION City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 1. Gross area of property: 1 . -~3~82~,~9~59~_ square feet 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2from line 1 for net area: 4. Divide line 3 by 43,560 for net acreage: 5. Number of dwelling units or lots planned: 6. Divide line 5 by line 4 for net density: N/A 23,513 12,111 2. 3. 4. 5. 6. square feet square feet square feet 35,624 square feet 347,335 square feet ___ 7_.9_7 __ acres ____ 4 __ units/lots __ ._50 __ = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. R:\PW\DEVSERV\Forms\Planning\density.doc Last updated: I l /08/2004 • -· Ft?st American Title 1. CL TA 14 Subdivision Gu 1tee -WA ~ . ,., ~., ~ First American - RECEIVED JUN -5 2014 First American Title Insurance CrliWMaifENTON 818 Stewart St, Ste 800 -• PLMNING DIVISION May 19, 2014 Kimberly Anderson Barghausen Consulting Engineers 18215 72nd AVES Kent, WA 98032 Phone: (425)656-7483 Fax: (425)251-8782 Title Officer: Phone: Fax No.: E-Mail: Order Number: Escrow Number: Buyer: Owner: Property: Seattle, WA 98101 Pat Fullerton (206)615-3055 (866)904-2177 pfullerton@firstam.com 2254749 2254749 MCMAHILL mcmahill 5001, 5013, 5007, SE 2nd Place and 14217 SE 136th Street Renton, Washington 98059 Attached please find the following item( s): Guarantee Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Fonn 5003353 (2-1-13) Page 1 of 13 First American Title Customer First! uarantee Number: 2254749 CLTA #14 Subdivision Guarantee (4-10-75) Washington · Fiht American Title ..;;~ First American Guarantee Subdivision Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5003353-2254749 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF L!ABILllY AND THE CONDffiONS AND STIPULATIONS OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY a California corporation, herein called the Company GUARANTEES Barghausen Consulting Engineers the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. First American Title Insurance Company DennisJ. Gilmore President (orm 5003353 (2-1-13) Page 2 of 13 I First American Title Timothy Kemp Secretary This jacket was created electronically and constitutes an original document uarantee Number: 2254749 CLTA #14 Subdivision Guarantee (4-10-75) Washington · Fitst American Title SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that leVies t.axes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDmONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public recordsn: records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall In no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, not\vithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to COoperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all Form 5003353 (2-1-13) Page 3 of 13 I uarantee Number: 2254749 CLTA #14 SubdMsion Guarantee (4-10-75) Washington First American Title · Fits! American Title GUARANTEE CONDffiONS AND STIPULATIONS (continued) reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company wrthin ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay or Othetwise SetHe Claims: Tennination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by Form 5003353 (2-1-13) Page 4 of 13 uarantee Number: 2254749 CL TA #14 Subdivision Guarantee (4-10-75) Washington First American Title -Fi~st American Title GUARANTEE CONDmONS AND STIPULATIONS (Continued) any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, inter~ and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Trtle Insurance company, Attn: Claims National Intake Center, 1 First American Way, santa Ana, c:alifomia 92707 Claims,NIC@lfirstam.com Phone: 888-632· 1642 Fax: 877-804-7606 First American Title Form 5003353 (2-1-13) Page 5 of 13 First American Title uarantee Number: 2254749 CLTA #14 Sulxlivision Guarantee (4-10-75) Washington • · Frrst American Title Subdivision Guarantee ISSUED BY ::.¥ First American Schedule A First American Title Insurance Company GUARANTEE NUMBER 2254749 Order No.: 2254749 Liability: $1,000.00 Name of Assured: Barghausen Consulting Engineers Date of Guarantee: May 12, 2014 The assurances referred to on the face page hereof are: 1. Tltle is vested in: Fee: $350.00 Tax: $33.25 SCOTT A. MCMAHILL AND ROBIN FORSYTHE MCMAHILL, HUSBAND AND WIFE, AS TO PARCEL A, AVANTI BERGQUIST AND STEVEN A BERGQUIST, WIFE AND HUSBAND, AS TO PARCEL B, RICHARD E. STUTH, TRUSTEE OF THE RICHARD STUTH LIVING TRUST, DATED OCTOBER 6, 2006, AS TO PARCEL C AND CBS HANDLEY, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, AS TO PARCEL D 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or title to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. 1rm 5003353 (2-1-13) Page 6 of 13 First American Title uarantee Number: 2254749 CLTA #14 Subdivision Guarantee (4-10-75) Washington · First American Title Subdivision Guarantee ISSUED BY :.Ii~ FJFSt American Schedule B First American Title Insurance Company GUARANTEE NUMBER 2254749 RECORD MATTERS 1. General Taxes for the year 2014. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 152305920109 1st Half Amount Billed: $ 2,621.07 Amount Paid: $ 2,621.07 Amount Due: $ 0.00 Assessed Land Value: $ 189,000.00 Assessed Improvement Value: $ 176,000.00 2nd Half Amount Billed: $ 2,621.06 Amount Paid: $ 0.00 Amount Due: $ 2,621.06 Assessed Land Value: $ 189,000.00 Assessed Improvement Value: $ 176,000.00 Affects: Parcel A 2. General Taxes for the year 2014. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 152305921602 1st Half Amount Billed: $ 2,900.08 Amount Paid: $ 2,900.08 Amount Due: $ 0.00 Assessed Land Value: $ 139,000.00 Assessed Improvement Value: $ 265,000.00 2nd Half Amount Billed: $ 2,900.08 Amount Paid: $ 0.00 Amount Due: $ 2,900.08 Assessed Land Value: $ 139,000.00 Assessed Improvement Value: $ 265,000.00 Affects: Parcel B 3. General Taxes for the year 2014. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 152305906603 1st Half Amount Billed: $ 3,479.80 Amount Paid: $ 3,479.80 Amount Due: $ 0.00 Form 5003353 (2-1-13) Page 7 of 13 uarantee Number: 2254749 First American Title CLTA #14 Subdivision Guarantee {4-10-75) Washington Fits! American Title Assessed Land Value: $ 244,000.00 Assessed Improvement Value: $ 241,000.00 2nd Half Amount Billed: $ 3,479.80 Amount Paid: $ 0.00 Amount Due: $ 3,479.80 Assessed Land Value: $ 244,000.00 Assessed Improvement Value: $ 241,000.00 Affects: Parcel C 4. General Taxes for the year 2014. The first half becomes delinquent after April 30th. The second half becomes delinquent after October 31st. Tax Account No.: 152305906702 Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: Affects: 1st Half $ 1,504.63 $ 1,504.63 $ 0.00 $ $ 209,000.00 0.00 2nd Half $ 1,504.63 $ 0.00 $ $ $ 1,504.63 209,000.00 0.00 Parcel D 5. Facility Charges, if any, including but not limited to hook-up, or connection charges and latecomer charges for sewer, water and public facilities of City of Renton as disclosed by instrument recorded under recording no. 9606210966 and 20091105000541. 6. Deed of Trust and the terms and conditions thereof. 7. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Affects Parcel A Scott A McMahill and Robin Forsythe McMahill, husband and wife Washington Mutual Bank, a Washington Corporation Pacific Northwest Title, a Washington Corporation $115,000.00 August 11, 2003 20030811002415 Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Avanti Bergquist and Steven A. Bergquist, wife and husband Grantee/Beneficiary: Mortgage Electronic Registration Systems, Inc, "MERS" solely as Trustee: Amount: Recorded: Recording Information: Affects Parcel B a nominee for Bank of America, N.A., its successors and assigns Recontrust Company, N.A $560,500.00 May 02, 2013 20130502001548 Form 5003353 (2-1-13) Page 8 of 13 uarantee Number: 2254749 CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title First American Title 8. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Richard E. Stuth, as his separate estate Washington Mutual Bank Trustee: Amount: Pacific Northwest Title, a Washington Corporation $250,000.00 Recorded: November 03, 2003 Recording Information: 20031103001601 Affects Parcel C Note: This Deed of Trust contains Line of Credit privileges. If the current balance owing on said obligation is to be paid in full in the forthcoming transaction, confirmation should be made that the beneficiary will issue a proper request for full reconveyance. Re-recorded under Recording Number 20040206001361. 9. Deec of Trust and the terms and conditions thereof. Grantor/Trustor: Charles T Handley and Brenda L Handley, husband and wife Grantee/Beneficiary: Puget Sound Bank Trustee: Pacific Northwest Title Company Amount: $1,015,000.00 Recorded: July 14, 2005 Recording Information: 20050714002586 Affects Parcel D Modification and/or amendment by instrument: Recording Information: 20090327001077 10. We note that the Statutory Warranty Deed recorded under Recording No. 20060621000484, by which the vestee herein acquired title, contains an erroneous/incomplete legal description. Said instrument should be re-recorded to correct said description. 11. Terms, provisions, conditions of the Trust Agreement of The Richard Stuth Living Trust dated October 6, 2006, and any subsequent modifications, a copy of which should be submitted to this office for inspection. 12. If the mobile home located upon the premises is to be insured under the policy to issue hereunder, a Manufactured Home ntle Elimination Application (Form TC 420-730) pursuant to Chapter 65.20 RCW must be recorded in the King County Recording Office. Note: A Fee will be charged by the State of Washington Department of Licensing for processing a "Manufacturec Home ntle Elimination Application." Absent the recording of said Manufacturec Home Title Elimination Application, the mobile home is not considerec real property and will not be covered by our policy of title insurance when issued. Please advise at the time of closing whether a Manufactured Home Title Elimination will be executed. For current information regarding applicable fees, charges, availability of processing forms and/or procedure inquiries, contact: King County: IForm 5003353 (2-1-13) Page 9 of 13 First American Title (206) 296-6696 uarantee Number: 2254749 0.TA #14 Subdivision Guarantee (4-10-75) Washington First American Title Kitsap County: Mason County: Pacific County: Pierce County: Snohomish County: Spokane County: Thurston County: Whatcom County: Yakima County: Affects: (360) 337-4440 (360) 427-9670 (360) 875-9309 (253) 798-6111 (425) 388-3711 (509) 477-2222 (360) 786-5406 (360) 676-6740 (509) 574-1100 Parcel C 13. Effective February 15, 1991 pursuant to House Bill No. 2907 (Mobile Homes Relocation Assistance) there may be a fee due on a change of ownership of a mobile home. this fee will be paid to the Department of Licensing at the time the mobile home title is transferred. The fees are as follows: A fee will be charged if the mobile home was sold between July 1, 1990 and September 5, 1990 or between February 26, 1991 and the current date. No relocation fee if sold prior to July 1, 1990 or between September 6, 1990 and February 25, 1991. For current information regarding applicable fees, charges, availability of processing forms and/or procedure inquiries, contact: King County: Kitsap County: Pacific County: Pierce County: Snohomish County: Spokane County: Thurston County: Whatcom County: Mason County Affects: (206) 296-6696 (360) 337-4440 (360) 875-9309 (253) 798-6111 (425) 388-3711 (509) 477-2222 (360) 786-5406 (360) 676-6740 (360) 427-9670 Parcel C 14. Reservations and exceptions, including the terms and conditions thereof: Reserving: Minerals Reserved By: Northern Pacific Railroad Company Recorded: Undisclosed Recording Information: 241250 We note no examination has been made regarding the transfer or taxation of the reserved rights. Affects: Parcel A, B, C and D 15. Right to make necessary slopes for cuts or fills upon said premises for as granted by deed recorded September 23, 1974 under recording no. 7409230526. Affects: Parcel A and C 16. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Short Plat No. 574002 recorded under recording number 7503030294. Affects: Parcel A, Band C Form 5003353 (2-1-13) Page 10 of 13 uarantee Number: 2254749 First American Title CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title Affects: Parcel B 17. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by Short Plat No. 280031 recorded under recording number 8008040570. Affects: Parcel A and B 18. Easement, including terms and provisions contained therein: 19. 20. 21. 22. 23. 24. 25. Recording Information: 8605301240 For: Drainfield Affects: Easement, including terms and Recorded: Recording Information: In Favor Df: For: Affects: Parcel A and B provisions contained therein: March 23, 1987 8703230416 Puget Sound Energy, Inc., a Washington corporation Electric transmission and/or distribution system Parcel A Easement, including terms and provisions contained therein: Recording Information: 9109240783 For: Ingress, egress and utilities Affects: ParcelC Easement, including terms and provisions contained therein: Recording Information: 9109240784 For: Ingress, egress and utilities Affects: Parcel A The terms and provisions contained in the document entitled "Sensitive Area Notice" Recorded: December 28, 1995 Recording No.: 9512280617 Affects: Parcel A An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes. For: In Favor Of: Recorded: Recording Information: Affects: Drainage Facilities King County, a political subidivion of the State of Washington February 26, 1997 9702260397 North 30 feet of the West 40 feet of Parcel D The terms and provisions contained in the document entitled "Notice of On-Site Sewage System Operation and Maintenance Requirements" Recorded: August 8, 2006 Recording No.: 20060808001956 Affects: Parcel B The terms and provisions contained in the document entitled "Latecomer's Agreement" IForm 5003353 (2-1-13) Page 11 of 13 Guarantee Number: 2254749 CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title First American Title Recorded: Recording No.: Affects: June 06, 2011 20110606001192 Parcel A and C 26. The terms and provisions contained in the document entitled "Memorandum of Agreement" Recorded: March 07, 2014 Recording No.: 20140307001329 Affects: Parcel A 27. The terms and provisions contained in the document entitled "Memorandum of Agreement" Recorded: March 07, 2014 Recording No.: 20140307001331 Affects: Parcel C 28. The terms and provisions contained in the document entitled "Memorandum of Agreement" Recorded: March 19,2014 Recording No.: 20140319000462 Affects: Parcel B 29. The terms and provisions contained in the document entitled "Memorandum of Agreement" Recorded: April 15, 2014 Recording No.: 20140415000659 Affects: Parcel D Informational Notes, if any Form 5003353 (2-1-13) Page 12 of 13 Guarantee Number: 2254749 First American Title CLTA #14 Subdivision Guarantee (4-10-75) Washington First American Title :,;;~ First American - Subdivision Guarantee ISSUED BY Schedule C First American Title Insurance Company GUARANTEE NUMBER 2254749 The land in the County of King, State of Washington, described as follows: PARCEL A: LOT 1, KING COUNTY SHORT PLAT NUMBER 280031, AS RECORDED UNDER RECORDING NUMBER 8008040570, SAID SHORT PLAT BEING DESCRIBED AS FOLLOWS: THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON. PARCEL B: LOT 2, KING COUNTY SHORT PLAT NO. 280031, RECORDED UNDER RECORDING NO. 8008040570, IN KING COUNTY, WASHINGTON. PARCEL Bl: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS OVER THE WEST 30 FEET OF LOT 1 OF SAID SHORT PLAT. PARCEL C: TRACT A OF KING COUNTY SHORT PLAT NO. 574002, RECORDED UNDER RECORDING NUMBER 7503030294; BEING A PORTION OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; PARCEL Cl: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS ESTABLISHED UNDER KING COUNTY RECORDING NUMBER 9109240784, RECORDS OF KING COUNTY, WASHINGTON. PARCEL D: THE WEST HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN., IN KING COUNTY, WASHINGTON, LESS THE NORTH 170 FEET OF THE EAST 170 FEET THEREOF. AND LESS THAT PORTION DEEDED TO KING COUNTY UNDER RECORDING NO. 20030905000417. {ALSO KNOWN AS A PORTION OF LEGAL STATUS NO. L03M0026). IFonn 5003353 (2-1-13) Page 13 of 13 uarantee Number: 2254749 First American Title CLTA #14 Subdivision Guarantee (4-10-75) Washingto · First American Title 2. Exception_05_96062109 - i- --' I d '· I --.... ,--,...--- • • • CITY OF lBtm»i, WASHIHGTO>t ORDIMUCIS NO. 4fil2 M aaDIDIK:& OP DES crrr or RDTCII, &DIRMII, UDB1.ISJIDG AX ususamrr D:tSDICT POI. SJlll"llRT SDD. sa:nca D A PO&TIOW 0, nm .&aa"tl: BICELIJIDS, m.m:u. DOBS, .IIID DPLDIOOD SUB-BUD'S MID Dnm.l:SBIJIQ flP AIDDIT OP ,:mi: CD2GJ: UPQI' cmmacnm to TD FACILITZBS. .-- TBB CITY OJUNCIL OF TJ:[8 CI'l"l OS' RBNTON, MASB1NG1'tlff, DO 0RI>All( AS POLLOWS; There i11 hereby created a Sa.nit.Ary sewer Service Special Mses1me11t Diatrift for the area served by the Ka.st Rent.an. Sanitary &e-..er Intuceptc.r in t.be northeut (l\14dl:&nt of the City of Mnt.Oll ~ a poreion ot ita urban. growth area withiD Wliuc:orpora.ted XiQ.g COUllty, which area is lllQ.re particularly described in Exhibit .,.., attached hereto. A wp or tne service area is attacllt'f1 as Bxhibit •e." Ttta recording ot this documant i11 to prc,viije notification oc potll!ltial connection and interest charges. Nbile this c:cmiection chuge aay be paid at any time, the C:ity does not require pc1.yam1t:. w:it.il aw:b t.i.ml!I •• the parcel is connected to aud tbua: lMmef'ititlg from. tbe sewer hcilitiee, 'the property aay be aold or in aay" othar way cbange hand.a withaUt triggering the requi~t. by the City, of payment or: the cba.rges uaociate4 vith th!• dutrict. QCUCII II facilitie1 in thi• Special -.,e11..-s1.t Di1triet ,uc! wtl:.lcb propartie1 Description: King,WA Document -Year.Honth.Day.DocID 1996.621.966 Page: 1 of 7 Order: 2222 Co.mment: .-1 First American Title • 1 ~ j i § • ~ I ~ ~ M !! ~ ~ I. • First American Title - i- I l ! • • • oIU>INANcE 4n 2 have not been charged or assessed with all costs of the Bast Rent~n Sanitary sewe"t' Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of th~ connection pe:rt!l..it fee ~nd ln addition to the system development charg@, the following additioll<ll fees: A. Per Unit Charge New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge or: $0. 069 per square foot of property. Those properties :included within this Special Assessment Dlstrict and vhicb may be assessed a charge thereUJ'.ider are included within the boundary legally described in Bxbibit •A• and vhicb boundary is shown on the 1112'.p attached as Exhibit ""B. • a:LICII III, In addition to the aforeatated charges, there shall be a charge of 4. llt psr annum added to the Per Unit Charge. The interest C!harge shall accrue for no IQOre tilan ten (101 yea.rs f:tom the date th:ls ordinance becomes effective. Interest charge5 will be simple incerest.and not compound intert!!st. QCT:IQI' IV, Thi!J ordinance ahall be effective upon its passage, approval, ·and thirty (30) days aft.er pul)licat.ion. PASSBD 8Y THB CITY" COUNCIL this lQ..th day of_~J,£J--L..~~ 1996. 2 Description: King,WA Document -Year.Month.Day.DocID 1996.621.966 Page; 2 of 7 Order: 2222 Comment: . · 1· ·M'f t Mc· th" First American Title j I . . First American Title , -----, --.--- • - • • 1- ORDINANCE -'61 2 APPROVED BY Tim MAYOR. this 10th day Of _J_un_• _____ , 1996. -.&{ Lawrence J. Warren, City Attorney Date of PUblication: 6/14/96 ORD.S76:5/20/96:as. ' Description: King,WA Document Order: 2222 Comment: -Year.Month.Day.DocID 1996.621.966 Page: 3 of 7 ·"t "1'.:tl t 1\irthC et·t tz· First American Title 1 i I • I . .. • First American Title - :--.. :... \ .I ' I. .I[, • • • Exhibit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR Portions of Sections 8. 9. IO. 11. 14. 15, 16. 17, 21 and 22aJ11n Township 23N, Range 5E W .M. In KJng County, Washington Saotion8, Townahlp23N,RangeSEW.M. All of that po-n of Scct!on 8, Township 23N, Range 5E W.M. ly<ng East of the East right-of-way Jlne o[SR-405 and South of the follow,ng described line, Beglnulng at the ~ of t..lie East lJne of said Sectlon 8 With the ccntcrUne of NE 7th St:reet.;. thence Westerly along said ccntcrUnc of NE 7th Street to its intersect.ton With the: centerline of Sunset Boulevaid NE; Uience Northerly along the =1erllne of Sunset BouleYard NE to the North line of the Southeast 14 of said S<ctlon 8; thena: West along ..id North line to the East right-of-way line of SR-405 and the tcn:mnus of said Une.. Section II, Township 23N, Range SE W.M. All of that portion of Scdion 9, Township 23N, Rmlge 5E W.M. ly1Jlg South aDd East of the following di,scrtbed line: ~ on the centerline ofNE 7th Street at its tntersectiml 'with the ccntt:rline of Edmonds Avenue NE; thence Easterly along the cen!erl!n< of NE 7th Street to its fnfrrnectloo With the c,:,itm1ne of Monroe Avenue NE; theoce North along oak! ccnterllne 1D the South lin< of the Northeast 14 or oak! Section 9; thence East aloDg sald South line to tts lnler>ectlon with the centmtne of Rtdmond Avenue -NE; thence Northerly along sald tenterllne 1D Its bl1onoectlon "1th the ""'1terl1ne of NE 10th Smet; thence East along oak! cenkrllne to the East line of &aid Section 9 aDd the tennlnus of &aid Um,. Soction 10, Township 23N, Ringo 5E W.U. All of that portion of Scdion 10, Township 23N, Range SE W.M. lyJng Soutbeny aDd Westerly of the followlngdcsa1bed line, &glnnlng on the West line ofSoctlon JO at lts lnter.lectlon with the North line of the South \!, of the North 'h of said Secllon 10; theme East alo= North line to tts lnter9<d1on with the cmleil!ne of 142nd A...,ue SE; Southerly .wng said cemmtne to lta -.i with the North llne of the Southeast 14 of said Section 10; thence East along said North line to Its --.. with !be East line of aald Sectlon 10 and the -us of sald llne. Description: King,h'A Document -Year.Month.Day.DocID 1996.621.966 Page: 4 of 7U'I Order: 2222 Comment: ·9'5tif& U t··ett:itt-· &·f'·f First American Title j l I . • First American Title • • • • • !,gal Descript'.on of th, Sp<dill A.sstssmml Dislrid fo, "" City of Rmltm -FAst !<mwn Intm,pw Section 11, Township 23N, Range SE W.M. 1 All of the &ut.hwcst Vi of Section 11. Township 23N. Range 5E-W.M .. Section 14, Township 23N, Range SE W.M. P11ge2 &{3 All of that portion of Section 14, Township 23N. Range SE. W.M. described as follows, All of the Northwest 1,4 of said section, together With the Southww:st 1A of said section, except the South 1h of the Southeast IA of said Southwed 1A and c:xcept the plat of McIntire Homesites and Mi of streets adjacent as recorded in the Book of Plats. Volume 58, Page 82, Reamls of King County, WashJn&ton. and =Pt the South 151.55 feet of the East 239.435 feet of Tract 6, Block l of Cedar River Five M.re1'racts as recxirdt 'in the Book of Plats. Volume 16, Page 52. Records of King County. Washington. less 12 of the street abutting said portlon of Tract 6. Block 1. and less 1ract 6. B. >Ck 2 of said Cedar River Five Acre Tracts. less 12 of the stm,t adjacent to said Totct 6. Block 2, and e=,pt the South 82.785 feet of the East 150 feet of Tract 5. Block 2 of sald Ce<lar River Five Acre Tracts and less 12 the str.ct adjaeent to said portion ofTo>ct s. Bloci< 2. Section 15, Township 23N, Range 5E W.11. All of that portion of Section 15. Townshlp 23N. Range SE. W .M .• except the Southwest 1.4 of the South~ lf.t of the Southwest 1,4 of said .section. Seetion 16, Township 23N, Range 6E W.M. All of that portion of Section 16. Township 23N. Range 5E W.M., except that portion of the Southeast I. of the Southca>t I. of the sald Section 16 lytng East of the East line of the Plat of Maplewood DMslon No. 2 as n,co,:d<d In the Book of Plats Volume 39, page 39, Recmds of KIDg County Washlngton and Its Northerly extension ID the North line of said Southeast I. of the Soutb,,at I. of the eald Section 16 and <=ept that portion of said sedfon lying Southecy of the Northerly right-of-way line of SR-169 !Maple Valley Hlghway). Section 17, TOMIShlp 23N, Ringo 5E W.11. All of that ~ or Section 17, Township 23N, Range 5E W.M.. lying Nortbeaslmy of the Northeastffly nght.of-way of SR-169 (Maple Valley Hfgbwayl and Eutt,fy of the East r1gbt-of-way line of SR-405 leas tha.t portion lying generally Wost or the East and Southeuterly llne of B,onson Way NE lying .Description: King,KA Document -Year.Month.Day.DocID 1996.621.966 Page: 5 of.,-.• Order: 2222 Comment: &4:t"wilMI a ·Pairil:H1~,· First American Title l I ) I . • Fir'st American Title - 1- ---·- • -,..-' , .... ~ . -,~----.. • • • f3,<3of3 between the South line of the NE 3rd Street and the Northeasterly margin of SR~ 405. Seotion 21, Township 23N, Range SE W.M. .All that portion of Soction 21, Township 23N, R SE W.M. lying Nortbeastmy of the Northeast<rly dg),t-of-way line of SR-169 (Maple Valley lllghwayj and West of the East line of the Plat of lllaplewood DMslon No. 2 as r=ml<d In the Book of Plats.volume 89, page 39, ~rdsoflllDgc.ounty, Waabmgton. Soctioo 22, T..-t,lp 2311, fillngo liE W.11. All of that portton of Sect10n 22, Townshlp 23N, Range SE W.M. d=tbcd as follows: All ofthe NortJ,w,,st \4 afthe Northeast \4 ofeokl SedJon 22 lyu,i{Northmy:afthc Southerly !Joe of the Plat of Mapio,,ood H.ighta .. ......-in tl,e Book of Plats. volume 18, pap I through 4, ll=rdsoflllDgCounfy, Wasblngton. Together with the North 227.11 fed of the West 97.02 of the Northmst \4 of the Northmst \4 of said Section 22. , Description: King,JifA Document -Year.Honth.Day.DocID 1?96.621.966 Page: 6 of..,. Order: 2222 Comment: First American Title I ' I . . ·:.---• First American Title -' • • • Exhibit 8 EAST RENTON INTERCEPTOR Special Assessment District Boundary ii ' e 5ANTAIY SEWIIS ff I 1ft 'M&.W.b a. H-Oeh°t'lllllllli 211...,_ --- IZ2Z7.l ' .. 2000 1:24,000 QrlW, .,..._°"""' Description: King,fiA Document -Year.Month.Day.DocID 1996.621.966 Page: 7 of 7 Order: 2222 comment: ,, "ft:Pit -\ tt:'-+ i First American Title I • • First American Title 3. Exception_05a_2009111 0541 20091105000541.001 1~1111111111~111 20091105000541 Return Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98057 CITY OF RENTON ORD 76.ee PAGE-901 OF 915 11/9~/2909 18:24 KING COUNTY, UA Pica.« p,;n, or 1vpc ;nfonna1;0, WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65 D41 , -----·· ---· Document Title(s) (or transactions contained therein): (all areas applicable to your documcnl must be filled in) I. Ordinance #5465 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'son page_ of document .. Graotor(s) (Last name first name. initials) I. City ofRen1on -2. Additional names on page _ of document ----·--- Grantee(s) (Last name first. then first name and initials) I. 2. --------- Additional names on page_ of document. Legal description (abbreviated: i.e. lot block. plat or section. township, range) These P<>nions of Sections 13, 14, 15. 22, 23. & 24, all in Tm1-rnship 23 north. Range 5 East. W.M .. and Sections 18 & 19. both in Township 23 Nonh. Range 6 East, W.M., all in King County, Washington, more particularly described as follows .. Additional le2al is on oal!C 3 of document. - Assessor's Property Tax Pan:el Account Number D Assessor Tax # nol yet as.signed 142305911901 and others The Auditor/Recorder will rely on the infonnation provided on the fonn. The staff will not read the document 10 verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36. I 8.010. I understand that the recording processing requirements may cover up or otherwise obscure some pare of the text on the original document. -----------------------· _ Signature of Requesting Party Description: King,llfA Document -Year.Month.Day.DocID 2009.1105.541 Page: l of 15 Order: 2222 Comment: First American Title I First American Title CITY OF RENTON, W /\SHINGTON AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, ESTABLISHING AN ASSESSMEl'IT DISTRICT FOR SANITARY SEWER SERVICE FOR PROPERTIES ADJACENT TO AND/OR BE:\'EFITTING FROM THE CENTRAL PLATEAU INTERCEPTOR PHASE II AND ESTABLISHING THE AMOUNT OF THE CHARGE UPON CONl'iECTION TO THE FACILITIES, TIIE CITY COlJNCIL OF THE CITY OF RENTON, WASHINGTO:'<, DOES ORDAIN AS FOLLO\VS. SECTION L There is hereby created a Sanitary Se\ver Ser\·icc Special Asscssnwnt Di::..trict t~ir the area ser,·o;:-d by the Central Plateau Interceptor Phase II project in the nonhtast 4uJ.Jrant ,,r 1hc-City of Renton and v,:ithin King County. \\.foch area is more partirnlarl) Jcscnbct.l in Exhibit ·'A" attacheJ herein. A map of the service area is allai.:hed as Exhibit ··rr rhc r;:u1rding of this d()L'.LIJnt'Dl is to provide notification of potential connection :rnJ mten.:st 1..:hcirgl'.~ \\'hill!" this l'~inncction charge may be paid at any time. the City does not rc:quirL' p;1ymen1 un1il ~w.:h time as the parce! is connected to and, thus, benefiting fwm tht.: scv,.:er facilities. !'lie property may he sold or in any other way change hands without trigg.l"ring !hi.: rcquin.•ment. by the City. of pa) ment of the charges associated with this district SECTION II. Persons connecting to the sanitary se,Ner facilities in this Special Assessment District. and which properties have not been charged or assessed with all costs of the Central Plateau Interceptor Phase II as detailed in this ordinance, shall pay, in addition to the payment of the ..:onncction permit fee and in addition to the system development charge, the following addition..11 kcs: CERTIFICATE I, the undersigned City Clerk of the City of Renton, Washington, certify 20091105000541 ,: .. -,. that this is a true and correct copy of Ordtnaac? N1-j'ltf. Subscribed and sealed this_Rday of A,t:J ~•I , 20QJ_ &1•,••+',; .J_ [,)a.U,,,,v City Clerk Description: King,WA Document -Year.Month.Day.DocID 2009.1105,541 Page: 2 of 15 Order: 2222 Comment: First American Title First American Title A. 20091105000541 ••0:•: ORDINANCE NO 5465 Per Unit Area Charge. New connections of residential dwelling units or equivalents shall pay a fee of $3 51.95 per dwelling unit. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "'A" and which boundary is shown on the map attached as Exhibit "B". B. Per Unit Frontage Charge. There is hereby created a sub-district within the Central Plateau Interceptor Phase II Special Assessment District consisting of properties fronting on the sewer. Kew connections of residential units or equivalents shall pay a fee of $5.SI0.34 per dwelling unit. The properties to be assessed for the per unit frontage charge arc described in Exhibit "A" attached hereto. A map identifying the properties within the suh-districl is attached as Exhibit "B" The properties located within this suh- Jistrict are suhjcct to both charges (Area and Frontage). SECTION III. In addition to the aforestated charges. there shall be a charge of 5.30% per annum added to the Special Assessment District charge. The interest charge shall accrue for no more than ten ( IO) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance is effective upon its passage, approval and thirty (30) days alter publication. 2 Description: King,ffA Document -Year.Month.Day.DocID 2009.1105.541 Page: 3 of 15 Order: 2222 Comment: First American Title · First American Title ORDINANCE NO. 5465 PASSED BY THE CITY COUNCIL this .Qt.h day of __ July ___ .2009. ~·.J.t.J~ Bonnie I. Walton. City Clerk APPROVED BY THE MAYOR this 6th_ day of_~Jc'cu~l._,_ ____ , 2009. ~~ Denis Law. l\layor Approved as to form: ~ .. •·· ~~{,. A- Lawr~nce J. Warren, City Attorney Date of Publication: 7/10/2009 (summuy) ORD.1553 :5/21 /09:scr 3 Description: King,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 4 of 15 Order: 2222 COllD'llent: First American Title 20091105000541.:: First American Title LEGAL DESCRIPTION: ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR SPECIAL ASSESSMENT DISTRICT AREA ASSESSMENT BOUNDARY 20091105000541 :,::· Those portions of Sections 13, 14, 15, 22, 23 & 24, all in Township 23 North, Range 5 East, W.M., and Sections 18 and 19, both in Township 23 North, Range 6 East, W. M., all in King County, Washington, more particularly described as follows: Beginning at the intersection of the southerly right of way margin of SE 128'" St (NE 4 1• Street) and the easterly line of the existing City of Renton Limits as annexed under Ordinance No. 5064, in the Northwest quarter of said Section 14; Thence easterly along said southerly right of way margin, crossing 155'" Ave SE and 156 1• Ave SE, to the east line of the Northwest quarter of said Section 14: Thence continuing easterly along the courses of said southerly right of way margin, crossing 1601 • Ave E and the west half of 164'• Ave SE. to the section line common to said Sections IJ anJ 14; Thence continuing easterly along the courses of said southerly right of way. crossing the east half of 164'" Ave SE anJ 169'h Ave SE, to an intersection with the east line ufthe West quarter of the Northeast quarter of the Northwest quarter of said Section 13: Thence southerly along said east line and the Urban Gro,,.,1h Boundary (UBG) line, to an intersection with the north line of the Southeast quarter of the Northeast quarter of said Section lJ: Thence easterly along said north line and said UllG line, to the west line of the East quarter of said subdivision; Thence southerly along said west line and said lJBG line, to the Northwest corner of Lot I of King County Short Plat S90S0040, as recorded in Book IOI of Surveys, Page 236, records of King County, Washington: Thence easterly along the North line of said Lot I and said UGB line. to the Northeast corner of said Lot l, said Northeast corner also being on the west line of the Northeast quarter of said Section 13; Thence easterly along said UGB, crossing 172"' Ave SE, to the intersection of the easterly right of way margin of 172"' Ave SE and the southerly right of way margin of SE l 32"d St.; EXHIBIT A -CENTRAL Pl.A TEAU INTERCEPTOR SAD, AREA ASSESSMENT Description: King,WA Document -Year.Month.Day.DocID 2009.1105.341 Page: 5 of 15 Order: 2222 Comment: First American Title PAGE 1 OF6 · First American Title 20091105000541. ·:··:··: ORDINANCE NO. 5465 Thence continuing easterly along the southerly right of way margin of SE 132"d St and said UGfl line. crossing 173'' Ave SE. 175th ,he SE, 178th Ave SE and the west half of 180'" Ave SE. to an intersection with the east line of said subdivision, said east line also being the \vest line of the Southwest quarter of the Northwest quarter of said Section I 8; Thence continuing easterly along said southerly right of way margin of SE 132"' St and said UGH line, crossing the east halfof 180'" Ave SE, l 81" Ave SE and I 82"' Ave SE, to an intersection with the westerly right of way margin of 182"' Ave SE; Thence southerly along said westerly right of way margin of 182"' Ave SE and said UGB line, h> an intersection with the westerly extension of the northerly right of way margin of SE I 34'h Si; Thence easterly along said westerly extension and the northerly right of way margin of SE I 34'h St and said UGB line. crossing 182nd Ave SE, to an intersection with the westerly right of way margin or I 84'h Ave SE in the Northwest quarter of said Section l 8; Thence southerly along said westerly right of way marJiin of 184'" Ave SE and its southerly extension and leaving said lJGB line. crossing SE 134 St, SE 135'" St. SE 136'" St and SE 140'" St, to an intcrst:ction with tl1e north line of Tract 23, Renton Suburban Tract.':i Division No. 4. rl.;'corJcJ in Volume 61 of Plats. pages 74-76. said records, in Government Lot 4 of said Section 18; The111:c castcrly and southerly along said north line and thl.;' cast line of said Tract, to an inters ..... ction with thl.;' northeast corner of Rcnton-Suhurban Tracts Division No. 8. recorded in Volume <,9 of Plats, page.s 74-76. said records. in said (ion:rnment Lot 4 of said Section 19, said northeast corner also being on snid UGB line; Thence :-.uuthcrly along the cast line of said Pia, and said UGB line, to the Southeast comer of said Plat at the southeast corner of Go\·ernmcnt Lot 1 in said Section 19: Thence \VC'Sterly along the courses of the south houndary of said plat and said UGB line, to an intersection with the south line of Renton-Suburban Tracts Div. No. 6, recorded in Volume 66 of Plats. pages 33-35, said records, in the Northeast quarter of said Section 24; Thence westerly along the south line of said Plat and said UGB line, to the most Southwest corner of said Plat, said Southwest corner also being the Northeast corner of Government Lot , of said Section 24; Thence southerly along the east line of said Government Lot 5 and said UGB line, to the northeast corner of Lot 31 of Renton-Suburban Tracts Div. No.7, recorded in Volume 69 of Plats. pages 39-41, said records; Thence southwesterly and northwesterly along the south boundary of said plat and said UGB line. to an intersection with the east line of Government Lot 10 of said Section 24, said east line also being the east line of Tract A of Briarwood South No. 6, recorded in Volume 97 of Plat.s, pages 68 and 69. said records; EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAD. AREA ASSESSMENT PAGE 2 OF 6 Description: King,WA Document -Year.Honth.Day.DocID 2009.1105.541 Page: 6 of 15 Order: 2222 Comment: First American Title First American Title 2oos11osooo541.uu, ORDINANCE NO. 5465 Thence northerly along said east line of said Government Lot 10 and said Tract A and said UGB line, to the Northeast corner of said Tract A; Thence westerly along the courses of the north boundary of said Tract A, and said UGB line, to the Northwest corner of said Tract A, said Northwest corner also being a point on the east line of the Northeast quarter of said Section 23; Thence northerly along said east line and said UGB line, to the northeast corner of Tract C of Skyfire Ridge Div. No. 1, recorded in Volume 141 of Plats, pages 93-99, said records; Thence westerly along the courses of the north boundary of said Tract C and said UGB line, to the Northwest corner of said Tract C, said Northwest corner also being a point on the east line of the Southwest quarter of the Northeast quarter of said Section 23; Thence northerly along said east line and said UGB line, to the Northeast corner of said subdivision: Thence westerly along the north line of said subdivision aod said UGB line, lo the Northwest corner of said subdivision, said Northwest corner also being the Northeast corner of Government Lot 7 of said Section 23; Thence continuing westerly along the north line of said Government Lot 7, to the Northwest corner thcreoC said Northwest corner also being the Southwest corner of the Northeast quarter of the Northwest quarter of said Section 23; Thence northerly along the west line of said subdivision, tu the Southeast corner of Lot 9, Briar Hills No. 3. recorded in Volume 107 of Plats, page 36. said records, said west line also being the cast line of the Northwest quarter of the Northwest quarter of said Section 23; Thence westerly along the south line of said Plat, to the Southwest comer thereof; Thence northerly along the west line of said Plat, to an intersection with the Southeast corner of Briar Ridge, recorded in Volume 113 of Plats, pages 60 and 61, said records; Thence westerly along the south line of said Plat, to the Southwest corner thereof, in Government Lot 1 of said Section 22, said Southwest corner also being a point on the west line of the East half of the East half of said Government Lot I; Thence southerly along said east line, to the northerly bank of the Cedar River; Thence westerly along said northerly bank, to an intersection with the east line of Tract A, Cedar River Bluff, recorded in Volume 172 of Plats, pages 53-56, said records; Thence northerly along said east line, to the Northeast corner of said Tract A; EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT Description: King,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 7 of 15 Order: 2222 Comment: First American Title PAGE 3 OF6 Fitst American Title ORDINANCE NO. 5465 Thence westerly along the north line of said Tract A, to an intersection with the east line of :.1aplewood Heights, recorded in Volume 78 of Plats, pages 1-4, said records; Thence southerly along said east line, to the Southeast corner thereof; 20091105000541 . Thence westerly along the south line of said plat, to the Southwest corner thereof, said corner also being a point nn the cast line of Government Lot 6 of Section 22; Thence South 01 °08'21" West, along said east line, to a point 641.73 feet southerly of the Northeast corner of said Government Lot 6; rI1cnce North 55°51 '39" West, a distance of39 l.8 l feet; Thence North 26° 45 '23" West, a distance of 494.29 feet, to a point on the north line of said Uovcrnment Lot 6, said point also being on the south line nf the Southwest quarter of Section 15; Thence westerJy along said south line, and along the existing City Limits of Renton, as annexed under Ordinance No. 3945, to the Southeast corner of the Southwest quarter of the Southwest quarter of the Southwest quarter of said Section 15; Thence northerly along the east line of said subdivision and said City Limits. to the Northwest rnrncr of Lot 21, Block I of said ;\,laplewood Heights in said Southwest quarter of Section 15; I 'hence northeasterly along the north line of said Block I of said Plat, to an intersection with the \\CSI line of Lot IO, East Crest, recoded in Volume 87 of Plats. page 49, said records, in said Southwe.<;t quart<:r; Thence northerly along said west line. to the Northwest corner thereof. said l\orthwest corner alsn betng. a point on the south line of Tract A, Hideaway Home Siks. recorded in Volume 81 of !'lats. pages 88 and 89, said records; Thence westerly along the south line of said Tract A, to the Southwest corner thereof; Thence northerly along the west line of said Tract A and the northerly extension of said west line. and along the existing City Limits of Renton. as annexed under Ordinance No. 3143, to the sourh line of the Northwest quarter of Section 22; Thence westerly along said south line and along said exisling City Limits and along the south line of Lot 14, Goe's Place, recorded in Volume 85 of Plats, pages 12 and 13, said records, to the Southwest corner of said Lot 14; Thence northerly along the west line of said Lot 14. to the Northwest comer thereof; Thence easterly along the north line of said Lot 14, to the Northeast corner thereof; EXHIBIT A -CENTRAL PLATEAU INTERCEPTOR SAO. AREA ASSESSMENT Description: King,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 8 of 15 Order: 2222 Comment: First American Title PAGE40F6 First American Title ORDINANCS NO. 5465 Thence northerly along the east line of Lot 13 of said Plat and its northerly extension, to an intersection with the westerly extension of the north line of the South half of the Sout.heast quarter of the Southeast quarter of the Northwest quarter of said Section 15; 20091105000541 -_-_. Thence easterly along said westerly extension and said north line and along the existing City limits of Renton, as annexed under Ordinance No. 5074, crossing Duvall Ave NE, to its intersection with the west line of the Northwest quarter of said Section 15; Thence northerly along said west line crossing NE 2"d St, to the most westerly southwest comer of Alder Crossing. recorded in Volume 251 of Plats. pages 37 -42, said records; Thence westerly along the south line of said plat, to the southeast comer thereof; Thence northerly along the east line of said Plat, to its intersection with the north line of the south half of the north half of the north half of the north half of said Section 15; Thence easterly along said north line of said subdivision crossing Hoquiam Ave NE and Jericho Ave NE. to the easterly right of way margin thereof; Thence southerly along said westerly right of way margin. to the Southwest corner of Tract 2. Black Loam Five Acre Tracts. recorJeJ in Volume 12 of Plats. page IOI, said records; Thence continuing easterly along said existing City Limits and the south line of said Tract 2, to the east line of the west half of said Tract 2; Thence northerly along said east line, to the south line of the north I 50 feet thereof; Thence easterly along said south line, to the east line of the of the West half of the West half of the Fast half of said Tract 2; Thence northerly along said east line, a distance of 8 feet: Thence easterly along the south line of the north 142 fee thereof, to the cast line of the west half of the east half of said Tract 2; Thence southerly along said east line, to the south line of the Northeast quarter of said East half of said Tract 2: Thence easterly along said south line, to the westerly right of way margin of Lyons Ave NE; Thence continuing easterly along the easterly extension of said south line, crossing Lyons Ave NE, to the easterly right of way margin thereof; Thence northerly along said easterly right of way margin, to the southerly right of way margin of NE 4th St. EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAD. AREA ASSESSMENT Description: King,WA Document -Year.Month.Day.DocID 2009.1105.541 Paga: 9 of 15 Order: 2222 Comment: First American Title PAGE 50F6 First American Title 20091105000541.: : . ORDINANCE NO. 5465 Thence easterly along said southerly right of way margin, to the intersection with the easterly line of the existing City of Renton Limits as annexed under Ordinance No. 5064, in the Northwest quarter nfsaid Section 14 and the point of beginning. EXHIBIT A-CENTRAL PLATEAU INTERCEPTOR SAD, AREA ASSESSMENT Description: King,WA Document -Year.Honth.Day.DocID 2009.1105.541 Page: 10 of 15 Order: 2222 Comment: First American Title PAGE60F6 Ffrst American Title ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "A" LEGAL DESCRIPTION: 2oos11 osooo541.u; Lot I and Tract B. Carolwood, recorded in Volume 111 of Plats, pages 99-100, records of King County. Washington; TOGETHER WITH Lot 11, Carolwood No. 2, recorded in Volume 114, page 74, said records; and Tll(iETI JU{ WITH that portion of the Southwest quarter of the Southeast quarter of Section 14. To\\'nship 23 North, Range 5 East, W.M .. King County, Washington; and TOGETHER WITH the West 150 feet of the East 180 feet of the ~i>rth 165 feet of the South half of said Southwest quarter of the Southeast quarter of Section 14; and TO( ,ETHER WITH the West 160 feet of the east 190 feet of the South 132 feet of the Northeast quarter of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETIIER WITH the East 165 feet of the West 330 feet of said subdivision. EXCEPT the North 264 kct thercoC and EXCEPT the South 132 feet thereof; TOGETHER WITH the South 20 lect or the North 284 feet of said subdivision, EXCEPT the West 330 feet thereof; and TOGETHER WlTH the North 120 feet of the South 252 feet of the East half of said subdivision. EXCEPT the West 150 feet thereof; and TOGETHER WITH the East half of said subdivision, EXCEPT the North 284 feet thereof and EXCEPT the South 252 feet thereof; and TOGl::'TI-IER WIT! l the East 230 feet of the South 132 feet of the North 264 feet of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETHER WITH the West 165 feet of the East 195 feet of the North 132 feet of the Northeast quarter of the Southwest quarter of the Southeast quarter of said Section 14; and TOGETHER WITH Lot 2 of King County Short Plat No. 481066, as recorded under King County Recording No. 8109100503, located in the Southwest quarter of the Southeast quarter of said Section 14; LESS Roads. Exhioit A -Central Plateau Interceptor SAD, Frontage -Area A .Description: King,liiA Document -Year.Month.Day.DocID 2009.1105.541 Page: 11 of 15 Order: 2222 Comment: First American Title Page 1 of 1 First American Title ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "B" LEGAL DESCRIPTION: 2oos11 osooo541.u , , Lots I, 2, 3 and the 20 feet wide undivided interest parcel lying between said Lot I and Lot 2, of King County Short Plat No. 576015, recorded under King County Recording No. 7905170580, records of King County, Washington; TOGETHER WITH Lots I and 2. King County Short Plat No 677116, recorded under King County Recording No. 7905170582; and TOGETHER WITH Tract A and Tract Hof King County Short Plat No. 6750~ I, recorded under King County Recording No. 7602040384; and TOGETHER WITH Tracts 4, 5, 6 and the West 150 feet of lhe North 80 feet of Tract 7, all in Rlock 3. Cedar Park Five Acre Tracts. recorded in Volume i 5 of Plats. page 91. records of King County. Washington. All situate in the Southeast quarter of Section 14 and the North half of Section 23. both in Township 23 North, Range 5 East, W.M., in the City of Renton, King Coullly. Washington. Exhibit A -Central Plateau Interceptor SAD. Frontage -Area B Description: King,WA Document -Year.Nonth.Day.DocID 2009.1105.541 Page: 12 of 15 Order: 2222 Comment: First American Title Page 1 of 1 -First American Title ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "C" LEGAL DLSCRIPTION: 200911osooo541_.;, · Lots I through 8 and Lot 17. Ridge Point Estates. recorded in Volume 165. pages 64-65. records of King County. Washington: TOGLTI IFR WITH that portion of the Northeast quarter of the Northwest quarter of Section 2.1, Township 23 North. Range 5 North. W.M., King County, Washington. lying easterly and southerly of said plat of Ridge Point Estates and westerly of the wcskrly right of way margin of 154'" PL SE (W.J. Orton Rd): and TOGETHER Willi the North 133 teet of the East 120 feet ofsaiJ Northeast quarter of the Northwest quartt:r; and TOG FT I IER WITH that portion of the North half of the Northeast quarter of the Northeast quarter of the Northwest quarter, lying easterly and southerly of Linda I Jomes. recorded in Volume 74. page 6, said records; and TO( iETl !ER WITH that portion of the South half of said Northeast quarter of the Northeast quartc-r of the Northwest quarter. and the south half of the Northwest quarter of the Northwest quarter of the Northeast quarter. both in said Section 23. lying westerly of the westerly right of way margin of 156'" i\\"e SE (Co. Rd. 1049, August E. Gerber Rd.) and easterly of the northeasterly right of way margin of 154'h PL SE (W.J. Orton Rd.); LESS Roads. Exh1b1t A -Central Plateau Interceptor SAD, Frontage -Area C Description: King,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 13 of 15 Order: 2222 Comment: First American Title Page 1 of 1 · First American Title ORDINANCE NO. 5465 EXHIBIT A CENTRAL PLATEAU INTERCEPTOR FRONTAGE ASSESSMENT PROPERTIES SPECIAL ASSESSMENT DISTRICT AREA "D" LEGAL DESCRIPTION: 20091105000541.:~ Lots I and 50. Briarwood West. recorded in Volume 93 of Plats. pages 91-92. records of King County_ Washington; TOGETHER WITH Lots I and 16. Marywood, recorded in Volume 90 of Plats, page 32, said records; and TOGETHER WITH the South 165 feet of the North 195 feet of the East halfof the Northeast quarter of the Northwest quarter of the 'fortheast quarter of said Section 23; LESS the East 30 feel thereof; and TOGETHER \VITI I the west 150 feet of said East half of said subdivision, lying northerly of the South 365 feet thereof and southerly of the North 195 feel thereof; and TOG ETH FR WITH that po11ion of the \Vest half of the Northwest quarter of the Northwest quarter of the !'Jorthcast quarter of Section ~3. Township 23 North. Range 5 East, W .M., King County, Washingwn, lying northerly of lhe north line of Lot I of King County Short Plat No. I 286002, as recorded under King County Recording No. 8708140726; and TOGETHER \VITI I Lot I and Lot 2 of King County Short Plat No. I 286002. as recorded under King County Recording No. 8708140726, said Lot 2 being later amended by Lot Line Adjustment No. 890718, as recorded under King County Recording No. 9010241356, said lots being a portion of the Northwest quarter of the Northeast quarter of said Section 23; LESS Roads. Exhibit A-Central Plateau Interceptor SAD, Frontage -Area D Description: King,WA Document -Year.Month.Day.DocID 2009.1105.541 Page: 14 of 15 Order: 2222 Co.mment: First American Title Page 1 of 1 First American Title I n m Yd i mr 0 "U )> i; r -I )> m (f) )> <fl C m (f) -(f) z 3: -I mm z~ -I m 0 '"Cl --I (f) 0 ;;:i ;o --u Cl I (ii m -- • )> .,, a ni "' " i;; i;; "' ~ "' "' i;; ~ ~ 3 ~ "' "' ~ a! ~ 3 "' "' 0 a! C " 8' C. 0, C ..:e " C. 0, ..:e 20091105000541.C, ~ --~·<·\:':;~!}~'.!-' I l ·/ . •• J ' ,, ' ,,-, ',1 ', ·. · le . :,. ~-; /' /'!, ,.:;., ~r.£l!'ir;1;r-I ,n --+ I Description: King,WA Document -Yea:r.Month.Day.DocID 2009.1105.541 Page: 15 of 15 ----~~---- Order: 2222 Comment: First American Title First American Title 4. Exception_06_2003081 ,vv2415 20030811002415.001 AFTER RECORDING RETURN TO: Washington Mutual Eank c/o ACS IMAGE SOLUTIONS 12691 PALA DRIVE -MS156DPCA GARDEN GROVE, CA 92841 1111111111111111 20030811002415 PACIFIC NU TIT DT 37.11 PAGE Ill OF 118 08/11121103 15 52 KlNG COUNTY, UA SECURITY INSTRUMENT COVER SHEET 01-0618-061748621-2 Please print or type mformat1on l"B / 3-+ Document T1tle{s} (or transactions contained therein): 1 Deed of Trust S--/6l'1 Z-.56 rwwr Grantor/Trustor/Mortgagor(s) (Last name hrst, then first name and 1mt1als} ' 1 SCOTT A MCMAHILL 2 ROBIN FORSYTHE MCMAHILL 3. 4 s D Add1t1onal names on page __ of document. Grantee/Benef,c,ary/Mortgagee(s) 1. Washington Mutual Bank Legal Descnptton (abbreviated 1.e. lot, block, plat or section, township, range) LOT 1, KING COUNTY SHORT PLAT NUMBER 280031, AS RECORDED UNDER RECORDING NUMBER 8008040570, SAID SHORT PLAT BEING DESCRIBED AS FOLLOWS, THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NOTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE, 5 EAST, W.M., IN KING COUNTY, WASHINGTON; D Additional legal is on page ___ of document Assessor's Property Tax Parcel/Account Number(s) 1 ll)2305-9201-09 2. 3 4. This document prepared by. TYNA EDLIQ 1309 114TH AVENUE SE #302 BELLEVUE, WA 98004 2636 112-00J First American Title First American Title AFTER RECORDING RETURN TO: Washington Mutual Bank C/0 ACS IMAGE SOLUTIONS 12691 PALA DRIVE -MS156DPCA GARDEN GROVE, CA 92841 20030811002415.002 -------{Space Above This Line For Recording Data] ---------- PACIFIC NORTHWEST TITLE 540172 DEED OF TRUST 01-0618-061748621-2 DEFINITIONS Words used 1n multiple sections of this document are defined below and other words are defined 1n Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used 1n this document are also provided 1n Section 16 {Al "Security Instrument" means this document, which 1s dated July 30, 2003 together with all R1ders to this document (8) "Borrower .. JS SCOTT A MCMAHILL AND ROBIN FORSYTHE MCMAHILL, HUSBAND AND Borrower rs the trustor under this Security Instrument (C) "Lander'" 1s washrngton Mutual Bank Lender 1s a --------""=~------ a waah1ngton cornorat,on organized and existing under the laws of Lender's address ,s 1201 Third Avenue Seattle, WA 98101 Lender 1s the benef1c1ary under this Security Instrument. (D) .. Trustee" 1S PACIFIC NORTHWEST TTTI.E a Wash:ington corporation (E) "Noten means the promissory note signed by Borrower and dated JuJy 30, 2003 The Note states that Borrower owes Lender one Hundred Fl fteeo Thousand & 00 /100 Dollars (U.S. $ 115, ooo. oo ___ I plus 1nterest Borrower has promised to pay this debt m regular Periodic Payments and to pay the debt in full not later than sept ember J 2033 (F) "Property" means the property that 1s described below under the heading "'Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Secunty Instrument, plus interest WASHINGTON 1529(0401) First American Title P~ge 1 of 17 First American Title 20030811002415.003 Ol-0618-061748621-2 (HJ "Riders" means all Riders to this Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower [check box as applicable]. D AdJustable Rate Rider D Graduated Payment Rider D Balloon Rider O Othe,(s) [spec1fy] D Condom1n1um Rider O Planned Unit Development Rider D Rate Improvement Rider O 1-4 Family Rider D Biweekly Payment Rider D Second Home Rider m "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and adm1nistrat1ve rules and orders (that have the effect of law) as well as all appltcable final, non-appealable Jud1c1a! op1n1ons (Jl ncommumty Association Dues. Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condom1n1um association, homeowners assoc1at1on or similar organization (K} nElectronic Funds Transfer" means any transfer of funds, other than a transaction origmated by check, draft, or s1m1lar paper instrument, which 1s 1nit1ated through an electronic terminal, telephomc instrument, computer, or magnetic tape so as to order, rnstruct, or authorize a financial mst1tut1on to debit or credit an account Such term includes, but 1s not hm1ted to, pomt-of-sale transfers, automated telier machine transactions, transfers 1n1t1ated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items'" means those rtems that are described 1n Section 3 (M) '"Miscellaneous Proceedsn means any compensation, settlement, award of damages, or proceeds, whether by way of Judgment, settlement or otherwise, paid by any th1Cd party (other than insurance proceeds paid under the coverages described m Section 5) for (I) damage to, or destruction of, the Property, (11) condemnation or other taking of all or any part of the Property, (111) conveyance m heu of condemnation, or (1v) m1srepresentat1ons of, or om1ss1ons as to, the value and/or cond1t1on of the Property (N) nMortgage Insurance" means insurance protecting Lender agamst the nonpayment of, or default on, the Loan tO} nPeriod1c Paymentn means the regularly scheduled amount due for (I) prmc,pal and mterest under the Note, plus (11) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U S.C. Section 2601 et seq ) and ,ts implementing regulation, Regulation X (24 C F R Pact 3500), as they might be amended from time to time, or any add1tronal or successor leg1slat1on or regulation that governs the same subJect matter As used in this Secunty Instrument, 11 RESPA 11 refers to all requirements and restrrct1ons that are imposed m regard to a "'federally related mortgage loan" even if the Loan does not qualify as a 11 federally related mortgage loan" under RESPA (QI "Successor in Interest of Borrower" means any party that has taken tltle to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: {1) the repayment of the Loan, and all renewals, extensions and modrf1cat1ons of the Note; {11) the performance of Borrower's covenants and agreements under this Security tnstrument and the Note, and (111) the performance of all agreements of borrower to pay fees and charges arrsing of the Loan whether or not herein set forth For thrs purpose, Borrower irrevocably grants and conveys to Trustee, 1n trust, with power WA,SHlr.:'.GTON 1529[04011 First American Title Page 2 of 17 First American Title 20030811002415.004 01-0618-061?48621-2 of sale, the following described property located 1n Kin County, Washington: LOT 1, KING COUNTY SHORT PLAT NUMBER 280031, AS RECORDED UNDER RECORDING NUMBER 8008040570, SAID SHORT PLAT BEING DESCRIBED AS FOLLOWS: THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE NOTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGg, S EAST, W.M., IN KING COONTY, WASHINGTON; whJch currently has the address of _..1_,,4_.1~2~s_.,s..,E~J ~3a.6TH=~s-.T....,_=-~---------- [Streetl ____ .....JRSJENT"1'l:cin./J»"--------"' Washington --,,;9l,'8l\0\"5'i'9'-.-_ ("Property Address")• [City) [Zip Code! TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and add1t1ons shall also be covered by this Security Instrument All of the foregoing 1s referred to m this Security Instrument as the "Property." BORROWER COVENANTS that Borrower 1s lawfully se1sed of the estate hereby conveyed and has the right to grant and convey the Property and that the Property 1s unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-unrform covenants with l1m1ted vanatmns by Junsd1ct1on to constitute a uniform security instrument covering real property UNIFORM COVENANTS Borrower and Lender covenant and agree as follows 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made 1n U S. currency. However, 1f any check or other instrument recerved by Lender as payment under the Note or this Security Instrument 1s returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one of more of the following forms, as selected by Lender (al cash; (b) money order, le) cert1f1ed check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an 1nst1tut1on whose deposits are msured by a federal agency, instrumentality, or entity, or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated ,n the Note or at such other location as may be designated by Lender m accordance with the notice prov1s1ons m Sect10n 15 Lender may return any payment or partial payment 1t the payment or parttal payments are msuff1c1ent to bring the Loan current. Lender may accept any payment or partial payment 1nsuttic1ent to brmg the Loan current, without waiver of any rights hereunder or preJud,ce to its rights to refuse such payment or partial payments m the future, but Lender 1s not obligated to apply such payments at the time such payments are accepted If each Periodic WASHINGTON 152.9 {04-01) First American Title Page 3 of 17 • First American Title 20030811002415.005 01-0618-061748621-2 Payment 1s applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unappl1ed funds until Borrower makes payment to bnng the Loan current. If Borrower does not do so within a reasonable period of t,me, Lender shall e1ther apply such funds or return them to Borrower If not applied earlier, such funds w,11 be applied to the outstanding principal balance under the Note 1mmed1ately prior to foreclosure. No offset or claim which Borrower might have now or m the future against Lender shall reheve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described Ln this Section 2, all payments accepted and applied by Lender shall ba applied 1n the following order of pnonty (a) interest due under the Note, (b) pnnc1pal due under the Note, (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order 1n which 1t became due Any remammg amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note If Lender recerves a payment from Borrower for a delinquent Periodic Payment which includes a suff1c,ent amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge If more than one Periodic Payment 1s outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments rf, and to the extent that, each payment can be paid m full To the extent that any excess exists after the payment 1s applied to the full payment of one or more Penod1c Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied forst to any prepayment charges and then as described ,n the Note Any apphcat1on of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Penod1c Payments are due under the Note, until the Note 1s paid m full, a sum (the "Funds") to provide for payment of amounts due for (a) taxes and assessments and other items which can attain priority over this Security Instrument as a hen or encumbrance of the Property, {b) leasehold payments or ground rents on the Property, 1f any, (c) premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, 1f any, or any sums payable by Borrower to Lender m lieu of the payment of Mortgage Insurance premiums m accordance with the prov1s1ons of Section 10. These items are called "Escrow Items " At ongmat1on or at any time dunng the term of the Loan, Lender may require that Community Assoc1at1on Dues, Fees, and Assessments, If any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices of amounts to be paid under thts Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obllgat1on to pay the Funds for any or all Escrow Items Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be m wntmg In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, 1f Lender requires, shall furnish to Lender receipts evidencing such payment w1thm such time period as Lender may require Borrower's obl!gat1on to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained m this Security Instrument, as the phrase Ticovenant and agreement" 1s used m Section 9 If Borrower 1s obhgated to pay Escrow Items d1rect(y, pursuant to a waiver, and Borrower falls to pay the amount due for an Escrow Item, Lender may exercise its nghts under Section 9 and pay such amount and Borrower shall then be obhgated under Section 9 to repay to Lender any such amount. Lender may revoke WASHINGTON 1529 (04 01) First American Title Page 4 of 17 ' First American Title 20030811002415.006 01-0618-061748621-2 the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3 Lender may, at any time, collect and hold Funds 1n an amount (a) suff1c1ent to permit Lender to apply the Funds at the time spec1f1ed under RESPA, and {b) not to exceed the maximum amount a lender can require under RESPA Lender shalt estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise m accordance with Apphcable Law. The Funds shall be held in an 1nst1tut1on whose deposits are insured by a federal agency, mstrumentahty, or entity (including Lender, 1f Lender 1s an rnst1tut1on whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or venfy1ng the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement 1s made 1n writing or Apphcable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree 1n wntmg, however, that interest shall be paid on the Funds Lender shall give to Borrower, without charge, an annual account.mg of the Funds as required by RESPA If there 1s a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to Borrower for the excess funds m accordance with RESPA If there 1s a shortage of Funds held 1n escrow, as def med under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage m accordance with RESPA, but m no more than twelve monthly payments. If there 1s a def1c1ency of Funds held 1n escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shalt pay to Lender the amount necessary to make up the def1c1ency m accordance with RESPA, but m no more than twelve monthly payments. Upon payment ,n full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4. Charges: Liens. Borrower shall pay all taxes, assessments, charges, fines, and 1mpos1t1ons attributable to the Property which can attain prmr1ty over this Security Instrument, leasehold payments or ground rents on the Property, 1f any, and Community Assoc1at1on Dues, Fees, and Assessments, 1f any. To the extent that these items are Escrow Items., Borrower shall pay them in the manner provided m Sectmn 3 Borrower shall promptly discharge any hen which has pnonty over this Security Instrument unless borrower. {a) agrees 1n writing to the payment of the obllgat1on secured by the hen 1n a manner acceptable to Lender, but only so long as Borrower 1s performing such agreement, (b) contests the lien tn good faith by, or defends against enforcement of the hen in, legm proceedings which 1n Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded, or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the hen to this Security Instrument If Lender determines that any part of the Property 1s subJect to a hen which can attain prrorrty over this Security Instrument, Lender may give Borrower a notrce 1dent1fymg the hen. Within 10 days of the date on which that notice 1s given, Borrower shall satisfy the hen or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax venf1cat1on and/or reporting service used by Lender rn connection wrth this Loan WASHINGTON 1529 (04-011 First American Title Page 5 of 17 First American Title 20030811002415.007 01-0618-061748621-2 5. Property Insurance. Borrower shall keep the improvements now ex1st1ng or hereafter erected on the Property insured against loss by fire, hazards tncluded w1thm the term "extended coverage," and any other hazards 1ncludmg, but not hm1ted to, earthquakes and floods, for which Lender requires insurance This insurance shall be mamtamed m the amounts (Including deductible levels) and for the periods that Lender requires What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subJect to Lender's right to disapprove Borrower's choice, which nght shall not be exercised unreasonably. Lender may require Borrower to pay, m connection with this Loan, either {a) a one-time charge for flood zone determmat1on, cert1f1cation and tracking services, or (b) a one-time charge tor flood zone determination and cert1f1cat1on services and subsequent charges each time remappmgs or similar changes occur which reasonably might affect such determination or cert1ficat1on. Borrower shall also be respons1ble for the payment of any fees imposed by the Federal Emergency Management Agency m connection with the review of any flood zone determination resulting from an obJect1on by Borrower. If Borrower fails to mamtam any of the coverages described above, Lender may obtain insurance coverage, at Lender's optron and Borrower's expense Lender ts under no obhgat1on to purchase any particular type or amount of coverage. Lender may purchase such insurance from or through any company acceptable to Lender mcludmg, without hm1tat1on, an affiliate of Lender, and Borrower acknowledges and agrees that Lender's affillate may receive cons1derat1on for such purchase Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equrty m the Property, or the contents of the Property, against any nsk, hazard or l1ab1llty and might provide greater or lesser coverage than was previously in effect Borrower acknowfedges that the cost of the insurance coverage so obtained might s1gnif1cant1y exceed the cost of insurance that Borrower could have obtained Any amounts drsbursed by Lender under this Section 5 shall become add1t1onal debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance pohc1es required by Lender and renewals of such polices shall be subJect to Lender's right to disapprove such pol1c1es, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an add1t1onal loss payee. Lender shall have the right to hold the pol1c1es and renewal cert1f1cates If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices If Borrower obtams any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shaH name Lender as mortgagee and/or as an add1t1onal loss payee Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's right, title and mterest m and to aJI proceeds from any insurance policy (whether or not the insurance pollcy was required by Lender) that are due, paid or payable with respect to any damage to such property, regardless of whether the insurance policy 1s established before, on or after the date of this Security instrument By absolutely and irrevocably ass1gn1ng to Lender all of Borrower's rights to receive any and all proceeds from any insurance policy, Borrower hereby waives, to the full extent allowed by law, all of Borrower's rights to receive any and all of such insurance proceeds Borrower hereby absolutely and irrevocably assigns to Lender all of Borrower's rtght, title and interest m and to (a) any and all claims, present and futurer known or unknownr absolute or contingent, (b) any and all causes of action, (c) any and all Judgments and settlements (whether through ht1gat1on, mediation, arb1trat1on or otherwise), (d) any and all funds sought against or from any party or parties whosoever, and (e) any and all funds received or receivable m connection with any damage to such property, resulting from any cause or causes whatsoever, WASHlt..lGTON 1529 (04 01) First American Title Page6of17 First American Title 20030811002415.008 Ol-0618-061748621-2 mcludmg but not hmited to, land subsidence, landslide, w1ndstorrn, earthquake, frre, flood or any other cause Borrower agrees to execute, acknowledge 11 requested, and deliver to Lender, and/or upon notice from Lender shall request any msurance agency or company that has issued any msurance policy to execute and def1ver to Lender, any addJt1onal instruments or documents requested by Lender from ttme to time to evidence Borrower's absolute and irrevocable assignments set forth tn this paragraph. In the event of loss, Borrower shall give prompt notice to the insurance earner and Lender. Lender may make proof of loss 1f not made promptly by Borrower Unless Lender and Borrower otherwise agree m writmg, any insurance proceeds, whether or not the underfymg insurance was requrred by Lender, shall be applied to restoratmn or repair of the Property, 1f the restoration or repair 1s econom1cal/y feasible and Lender's security is not lessened During such repair and restoration period, Lender shall have the right to hold such msurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's sat1sfact1on, provided that such mspect1on shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration m a single payment or 1n a series of progress payments as the work 1s completed Unless an agreement 1s made m writing or Applicable Law requires interest to be pard on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds Fees for public adJusters, or other third parties, retained by Borrower shall not be paid out of the msurance proceeds and shall be the sole obhgat1on of Borrower If the restoration or repair 1s not econom1cally feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Secunty instrument, whether or not then due, with the excess, rf any, paid to Borrower Such insurance proceeds shall be apphed in the order provided for in Section 2. If Borrower abandons the Property, lender may file, negotiate and settle any available rnsurance claim and related matters If Borrower does not respond within 30 days to a notice from lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice 1s given. In either event, or ,t Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds rn an amount not to exceed the amounts unpaid under the Note or this Secunty Instrument, and (b) any other of Borrower's rights (other than the right to any refund ot unearned premiums paid by Borrower) under all insurance pol1c1es covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds arther to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees 1n writing, which consent shall not be unreasonably withheld, or unless extenuatmg circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or 1mpa1r the Property, or remove or demolish any bmldmg thereon, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower 1s residing ,n the Property, Borrower shall maintam the Property 1n good cond1t1on and repair in order to prevent the Property from detenoratmg or decreasing m value due to 1ts cond1t1on Unless 1t 1s determined pursuant to Section 5 that repair or restoration 1s not econom1cally feasible, Borrower sha!I promptly repair the Property in good and workman hke manner 1f damaged to avoid further WASHINGTON 152910401) First American Title Page 7 of 17 First American Title 20030811002415.009 01-0618-061748621-2 detenorat1on or damage Lender shall, unless otherwise agreed m wntmg between Lender and Borrower, have the right to hold insurance or condemnation proceeds If insurance or condemnation proceeds are paid m connection with damage to, or the takmg of, the Property, Borrower shall be responsible for reparnng or restoring the Property only 1f Lender has released proceeds for such purposes Lender may disburse proceeds for the repairs and restoration m a smgle payment or m a series of progress payments as the work ,s completed If the insurance or condemnat10n proceeds are not suff1c1ent to repair or restore the Property, Borrower rs not relleved of Borrower's obhgatmn for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If 1t has reasonable cause, Lender may inspect the mtenor of the improvements on the Property Lender shall give Borrower notice at the time of or pnor to such an mtenor mspect1on spec1fymg such reasonable cause. Lender does not make any warranty or representation regarding, and assumes no respons1b1hty for, the work done on the Property, and Borrower shall not have any right to rely m any way on any mspect1on(s} by or for Lender or its agent Borrower shall be solely responsible for determmmg that the work 1s done m a good, thorough, eff1c1ent and workmanlike manner m accordance with all apphcable laws Borrower shall (a) appear m and defend any action or proceedrng purporting to affect the secunty hereof, the Property or the nghts or powers of Lender or Trustee, {b) at Lender's option, assign to Lender, to the extent of Lender's interest, any claims, demands, or causes of action of any kind, and any award, court Judgement, or proceeds of settlement of any such claim, demand or cause of action of any kmd which Borrower now has or may hereafter acquire ansmg out of or relating to any interest m the acqu1s1t1on or ownership of the Property Lender and Trustee shall not have any duty to prosecute any such claim, demand or cause of action. Without hm1ting the foregoing, any such claim, demand or cause of action ansmg out of or relating to any interest m the acqu1s1t1on or ownership of the Property may include (1) any such inJury or damage to the Property including without limit mJury or damage to any structure or improvement situated thereon, (11) or any claim or cause of action m favor of Borrower which arises out of the transaction financed m whole or m part by the making of the loan secured hereby, (111} any claim or cause of action m favor of Borrower {except for bodily mJury) which arises as a result of any neghgent or improper construct1on, installation or repair of the Property mcludmg without !1m1t, any surface or subsurface thereof, or of any building or structure thereon or {1v} any proceeds of insurance, whether or not required by Lender payable as a result of any damage to or otherwise retatmg to the Property or any interest therein Lender may apply, use or release such monies so received by tt m the same manner as provided 1n Paragraph 5 for the proceeds of insurance 8. Borrower's Loan Appf,cation. Borrower shall be in default if, durrng the Loan apphcat1on process, Borrower or any persons or entities actrng at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or maccurate mformat,on or statements to Lender (or failed to provide Lender with materiaJ mtormat1on) rn connection with the Loan. Material representations include, but are not l1m1ted to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence 9. Protection of Lender's Interest In the Property and Rights Under th,s Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained tn this Security Instrument, (b) there 1s a legal proceeding that might s1gmf1cantly affect Lender's interest 1n the Property and/or rights under this Security Instrument (such as a proceedmg m bankruptcy, probate, for condemnation or forfeiture, for enforcement of a hen which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever rs reasonable or appropriate to protect Lender's interest m the Property and rights under this Security Instrument, mcludmg protecting WASHINGTON 1629 (04-01} First American Title Page 8 of 17 First American Title 20030811 002415.010 01-0618-061748621-2 and/or assessing the value of the Property, and securing and/or repamng the Property Lender's actions can include, but are not limited to (a} paying any sums secured by a llen which has pnonty over this Secunty Instrument, {b) appearing m court, and {c) paying reasonable attorneys' fees to protect its interest 1n the Property and/or rights under this Security Instrument, mcludmg its secured posLt1on m a bankruptcy proceeding. Securing the Property includes, but 1s not limited to, enterrng the Property to make repairs, change locks, replace or board up doors and wmdows, drarn water from pipes, eliminate bu1ld1n9 or other code v1olat1ons or dangerous cond1t1ons, and have ut1ht1es turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and 1s not under any duty or obhgation to do so. It 1s agreed that Lender incurs no llab1llty for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument 1s on a leasehold, Borrower shall comply with all the prov1s1ons of the lease If Borrower acquires fee tltle to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger rn writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a cond1t1on of makmg the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance ,n effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that prevmusly provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the prermums required to obtam coverage substantially equivalent to the Mortgage Insurance previously m effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously m effectr from an alternate mortgage insurer selected by lender If substantially equivalent Mortgage Insurance coverage 1s not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve m lieu of Mortgage Insurance Such loss reserve shalt be non-refundable, notwithstanding the fact that the Loan 1s ultimately paid ,n full, and Lender shall not be required to pay Borrower any rnterest or earnings on such loss reserve Lender can no longer require loss reserve payments 1f Mortgage lnsurance coverage {m the amount and for the period that Lender requires) provided by an insurer selected by Lender aga,n becomes available, 1s obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance If Lender required Mortgage Insurance as a cond1t1on of makmg the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums reqU1red to marntam Mortgage Insurance rn effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends m accordance wtth any written agreement between Borrower and Lender providing for such termmat,on or until termrnat1on 1s required by Applicable Law Nothing rn this Section 10 affects Borrower's obilgat1on to pay interest at the rate provided m the Note Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses 1t may incur 1f Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify the1r risk, or reduce losses These agreements are on terms and cond1t1ons that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements These agreements may require the mortgage WASHINGTON 1529 !04-01} First American Title Page9ot17 First American Title 20030811002415.011 01-0618-061748621-2 insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another msurer, any remsurer, any other entity, or any aff1l1ate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portmn of Borrower's payments for Mortgage Insurance, m exchange for sharing or mod1fymg the mortgage insurer's risk, or reducing losses If such agreement provides that an aff1hate of Lender takes a share of the insurer's risk m exchange for a share of the premiums paid to the insurer, the arrangement rs often termed "captive reinsurance " Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (bl Any such agreements will not affect the rights Borrower has -1f any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law These rights may include the right to receive certain disclosures, to request and obtain cancellat,on of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be pard to Lender If the Property 1s damaged, such M,scellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair 1s economically feasible and Lender's security 1s not lessened During such repair and restoration period, Lender shall have the nght to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's sat1sfact1on, provided that such inspection shall be undertaken promptly Lender may pay for the repairs and restoration m a smgle disbursement or m a sanes of progress payments as the work is completed. Unless an agreement 1s made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such M1sce/laneous Proceeds If the restoration or repair 1s not economically feasrble or Lender's securrty would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, 1f any, paid to Borrower Such Miscellaneous Proceeds shall be applied 1n the order provided for 1n Section 2 In the event of a total taking, destruction, or loss 1n value of the Property, the Miscellaneous Proceeds shall be apphed to the sums secured by this Security Instrument, whether or not then due, with the excess, 1f any, paid to Borrower In the event of a partial taking, destruction, or loss m value of the Property m which the fair market value of the Property 1mmed1ately before the partial taking, destruction, or loss in value 1s equal to or greater than the amount of the sums secured by this Security Instrument 1mmed1ately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree ,n wnt1ng, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured 1mmedJately before the partial taking, destruction, or loss in value d1v1ded by (b} the fair market value of the Property 1mmed1ately before the partial taking, destruction, or loss m value Any balance shall be paid to Borrower, In the event of a partial takrng, destruction, or loss m value of the Property m which the fair market value of the Property 1mmed1ately before the partial takmg, destruction, or loss m value 1s less than the amount of the sums secured 1mmed1ately before the partial taking, destruction, or WASHINGTON 1629 (04-01) First American Title Page 10 of 17 First American Title 20030811002415.012 01-0618-061748621-2 loss m value, unress Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due If the Property 1s abandoned by Borrower, or 1f, after notice by Lender to Borrower that the Opposing Party (as defined m the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender w1thm 30 days after the date the nottce 1s given, Lender 1s authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due nOpposmg Party" means the thrrd party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a rrght of action m regard to Miscellaneous Proceeds Borrower shall be rn default 1f any action or proceeding, whether civil or crrmrnal, is begun that, m Lender's Judgement. could result 1n forfeiture of the Property or other material 1mpa1rment of Lender's interest m the Property or nghts under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided rn Section 191 by causing the action or proceeding to be drsm1ssed with a ruling that, rn Lender's Judgement, precludes forfeiture of the Property or other materral 1mpa1rment of Lender's interest in the Property or rrghts under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest rn the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied 1n the order provided tor 1n Section 2 12 Borrower Not Released; Forbearance By Lender Not a Waiver. This Securrty Instrument cannot be changed or mod1f1ed except as otherwise provided herein or by agreement in writing signed by Borrower, or any successor in interest to Borrower and Lender Extensmn of the time for payment or modif1cat1on of amortization of the sums secured by th,s Security Instrument granted by Lender to Borrower or any Successor m Interest of Borrower shall not operate to release the hab,hty of Borrower or any Successors m Interest of Borrower Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amort1zat1on of the sums secured by this Security Instrument by reason of any demand made by the ongmal Borrower or any Successors in Interest of Borrower Any forbearance by Lender in exerc1s1ng any right or remedy mcludmg, without hm1tat1on, Lender's acceptance of payments from third persons, ent1t1es or Successors in Interest of Borrower or 1n amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy No waiver by Lender of any nght under this Security Instrument shall be effective unless m writing Waiver by Lender of any right granted to lender under this Secunty Instrument or of any prov1s1on of this Security Instrument as to any transaction or occurrence shalf not be deemed a waiver as to any future transaction or occurrence. 13, Joint and Several Liability; Co·s19ners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obhgat1ons and hab1hty shall be Jomt and several However, any Borrower who CO·S1gns this Security Instrument but does not execute the Note (a "co·S1gner"): {a) 1s co-signing this Securrty Instrument only to mortgage, grant and convey the co·s1gner's interest ,n the Property under the terms of this Security Instrument, (b) 1s not personally obhgated to pay the sums secured by this Security Instrument, and {c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent Sub1ect to the prov1s10ns of Section 18, any Successor m Interest of Borrower who assumes Borrower's obhgat1ons under this Security Instrument m wntmg, and 1s approved by WASHINGTON 1S29104-011 First American Title Page 11 of 17 First American Title 20030811002415.013 01-0618-061748621-2 Lender, shall obtain all of Borrower's rights and benefits under this Secunty Instrument Borrower shall not be released from Borrower's obhgations and hab1l1ty under this Security Instrument unless Lender agrees to such release m wntmg. The covenants and agreements of this Security Instrument shall bmd (except as provided m Section 20) and benefit the successors and assigns of Lender 14 Loan Charges Lender may charge Borrower fees for services performed m connection with Borrower's default, for the purpose of protecting Lender's interest m the Property and rights under this Security Instrument, 1ncludmg, but not l1m1ted to, attorneys' fees, property inspection and valuatron fees Borrower shall pay such other charges as Lender may deem reasonable for services rendered by Lender and furnished at the request of Borrower, any successor m interest to Borrower or any agent of Borrower In regard to any other fees, the absence of express authonty m this Security Instrument to charge a spec1f1c fee to Borrower shall not be construed as a proh1b1t1on on the charging of such fee. Lender may not charge fees that are expressly proh1b1ted by this Security Instrument or by Applicable Law If the Loan 1s subiect to a law which sets maximum loan charges, and that law 1s finally interpreted so that the interest or other loan charges collected or to be collected 1n connect1on with the Loan exceed the permitted l1m1ts, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted hm1t; and lb) any sums already collected from Borrower which exceeded permitted hm1ts will be refunded to Borrower -Lender may choose to make this refund by reducing the prmc1pal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction w1il be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge 1s provided for under the Note) Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any nght of action Borrower might have arising out of such overcharge 15 Notices. All notices given by Borrower or Lender m connection with this Security Instrument must be in wnt1ng Any notice to Borrower m connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address 1f sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender Borrower shall promptly notify Lender of Borrower's change of address If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by dehvenng 1t or mailing 1t by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower Any notice in connection with this Secunty lnstrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument 1s also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severab1lity; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the 1unsd1ct1on 1n which the Property 1s located. All rights and obhgat1ons contained in this Security Instrument are subJect to any requirements and hm1tat1ons of Applicable Law. Applicable Law might explicitly or 1mplJc1tly allow the parties to agree by contract or 1t might be silent, but such silence shall not be construed as a proh1b1t1on agamst agreement by contract In the event that any prov1s1on or clause of this Security Instrument or the Note conflicts with Applicable Law, such confhct shall not affect other prov1s1ons of this Security Instrument or the Note which can be given effect without the confl1ct1ng prov1s1on. WASHINGTON 1S29 (04-011 First American Title Page 12 of 17 First American Title 20030811002415.014 Ol-0618-061748621-2 As used m thrs Security Instrument (a) words of the masculine gender shall mean and 1ncfude corresponding neuter words or words of the femmme gender: {b) words m the singular shalf mean and include the plural and vice versa, and (c) the word "may" g1ves sole discretion without any obl1gat1on to take any action. 17 Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument, 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or benef1c1al interest 1n the Property. including. but not hm1ted to, those beneficial interests transferred rn a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which 1s the transfer of title by Borrower at a future date to a purchaser If all or any part of the Property or any Interest rn the Property 1s sold or transferred (or 1f Borrower 1s not a natural person and a benef1c1al interest in Borrower 1s sold or transferred) without Lender's pnor written consent, Lender may require rmmedrate payment 1n full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender 1f such exercise 1s proh1b1ted by Apphcable Law If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice 1s given 1n accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums pnor to the exp1rat1on of this period, Lender may invoke any remedies permitted by this Security Instrument without further not,ce or demand on Borrower 19. Borrower's Right to Reinstate After Accelerat,on. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Secunty Instrument discontinued at any time prior to the earliest of· (a) five days before sale of the Property pursuant to any power of sale contained tn this Security Instrument, (b) such other period as Applicable Law might specify for the termmat1on of Borrower's right to reinstate, or (c) entry of a Judgement enforcing this Security Instrument Those cond1t1ons are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as 1f no acceleration had occurred, (b) cures any default of any other covenants or agreements, (c} pays all expenses incurred m enforcing this Security Instrument, including, but not hm1ted to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's mterest m the Property and nghts under this Securrty Instrument; and (d) takes such actron as Lender may reasonably require to assure that Lender's interest m the Property and rrghts under this Security Instrument, and Borrower's obhgat1on to pay the sums secured by this Security Instrument, shall continue unchanged Lender may require that Borrower pay such reinstatement sums and expenses m one or more of the following forms, as selected by Lender (a) cashi (b) money order, (c) cert1f1ed check, bank check, treasurer's check or cashier's check, provided any such check 1s drawn upon an mstrtutmn whose deposits are insured by a federal agency, instrumentality or entity, or (d) Electronic Funds Transfer Upon reinstatement by Borrower, this Security Instrument and obhgat1ons secured hereby shall remain fully effective as 1f no acceleration had occurred However, this right to reinstate shalf not apply 1n the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer: Notice of Grievance. The Note or a partial interest 1n the Note (together with this Security Instrument) can be sold one or more times without prior notrce to Borrower A sale might result m a change 1n the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mongage loan servicing obhgat1ons under the Note, this Security lnstrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a WASHINGTON 1529(04011 First American Title Page 13 of 17 First American Title 20030811002415.015 01-0618-061748621-2 sale of the Note If there ,s a change of the Loan Servicer, Borrower will be given wntten notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other mformation RESPA requires m connection with a notice of transfer of servicing If the Note 1s sold and thereafter the Loan 1s serviced by a Loan Serv,cer other than the purchaser of the Note, the mortgage loan servicing obhgat1ons to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, Join, or be Joined to any Jud1c1a( action (as either an md1v1dual ht1gant or the member of a class) that arises from the other party's actions pursuant to this Secunty Instrument or that alleges that the other party has breached any prov1s1on of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has not1f1ed the other party (with such notice given m compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the 91vmg of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective actmn provisions of this Section 20. 21. Hazardous Substances. As used 1n this Section 21: (a) 11 Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the foUowing substances: gasohne, kerosene, other flammable or toxic petroleum products, toxic pest1c1des and herb1c1des, volatile solvents, materials contammg asbestos or formaldehyde, and rad1oact1ve materials, {b) "Environmental Law" means federal laws and laws of the 1unsd1ct1on where the Property 1s located that relate to health, safety or environmental protection, (c) nEnv1ronmental Cleanup" includes any response action, remedial action, or removal action, as defined m Environmental Law; and {d) an "Environmental Cond1t1on" means a cond1t1on that can cause, contribute to, or otherwise tngger an Environmental Cleanup Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or m the Property Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a} that 1s m v1olat1on of any Environmental Law, {bl which creates an Environmental Cond1t1on, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a cond1t1on that adversely affects the varue of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quant1t1es of Hazardous Substances that are generally recognized to be appropriate to normal res1dent1al uses and to maintenance of the Property (including, but not hm1ted to, hazardous substance m consumer products) Borrower shall promptly give Lender written notice of (a) any mvest1gat1on, claim, demand, lawsuit or other action by any governmental or regulatory agency or pnvate party mvolvmg the Property and any Hazardous Substance or Env1ronmentat Law of which Borrower has actual knowledge, (b) any Environmental Cond1t1on, mcludmg but not hm1ted to, any sp1/hng, leaking, discharge, release or threat of release of any Hazardous Substance, and {c} any cond1tron caused by the presence, use, or release of a Hazardous Substance which adversely affects the value of the Property If Borrower learns, or 1s not1f1ed by any governmental or regulatory authority, or any private party, that any removal or other remed1at1on of any Hazardous Substance affecting the Property 1s necessary, Borrower shall promptly take all necessary remedial actions m accordance with Environmental Law Nothmg herem shall create any obhgation on Lender for an Envtronmental Cleanup, WA$HHIIGTON 1529 (04-01) First American Title Page 14of 17 First American Title 20030811002415.016 Ol-06l8-06l74862l-2 NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 22. Acceleration, Remedies Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement fn this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the de/suit: (b) the action required to cure the default; (c) a date, not loss than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property The notice shall further inform Borrower of the right to reinstate after acceleration and the right to brmg a court action to assert the non~existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at rts option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may Invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect an expenses incurred In pursuing the remedies provided m this Section 22. including, but not llmrted to, reasonable attorneys' fees and costs of trtle evidence. If Borrower or any successor in interest to Borrower flies (or has filed against Borrower or any successor m interest to Borrower) a bankruptcy petition under Title II or any successor !Ille of the United States Code which provides for the curing of prepetillon default due on the Note, interest at a rate determined by the Court shall be paid to Lender on post-petition arrears. If Lender invokes the power of sale, lender shall grve written notice to Trustee of the occurrence of an event of default and of lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and and to other persons as Applicable Law may require After the time required by Apphcable Law and after publication and posting of the nollce of sale. Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the limo and place and under the terms designated in the notice of sale In one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale. Lender or its deslgnee may purchase the Property at any sale. Trustee shall dehver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals m the Trustee's deed shall be prime facfe evidence of the truth of the statements made therein Trustee shall apply the proceeds of the sale m the following order: (a) to all expenses of the sale. including, but not limited to. reasonable Trustee's and attorneys' fees, ,bt to aff sums secured by this Security Instrument~ and (c} any excess. to the person or persons legaUy entitled to rt or to the clerk of the superior court of the county in which the sale took place. 23. Reconveyance Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Securrty Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it Lender or the Trustee {whether or not the Trustee 1s affiliated with Lender) may charge such person or persons a fee for reconvey1ng the Property, but only 1f the fee 1s not proh1b1ted by Apphcable Law WASHINGTON 1529 (04 01) First American Title Page 15 of 17 First American Title 20030811002415.017 01-0618-061748621-2 24 Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appomt a successor trustee to any Trustee appointed hereunder who has ceased to act Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee harem and by Apphcable Law Trustee may destroy the Note and the Security Instrument three (3) years aher issuance of a full reconveyance or release (unless directed m such request to retain them). 25. Use of Property. The Property ,s not used principally for agricultural purposes 26.Attorneys• Fees. Lender shall be entitled to recover 1ts reasonable attorneys' fees and costs m any action or proceeding to construe or enforce any term of this Security Instrument The term "attorneys' fees," whenever used ,n this Security Instrument, shall include without hm1tat1on attorneys' fees incurred by Lender m any bankruptcy proceeding or on appeal. ., ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, .EXTEND_ CR,EOIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOif ENFORCEABLE UNDER WASHINGTON LAW. , BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security lnstrument and in any Rider executed by Borrower and recorded with 1t. WASHINGTON 1529(04011 First American Title Page16of17 First American Title 20030811002415.018 01-0618-061748621-2 ----------(Space Below This Line For Acknowfedgment} ---- WASHINGTON 1!;.W (0401) First American Title Page 17 of 17 · First American Title \llllll\\ll!llll\l\ill\11111 20130502001548 A ftcr Recording Return Tu: BANK OF AMERICA, N.A. Doc Processing TX2-979-01·19 ~500 Amon Carter Blvd. Ft. Worth, TX 76155 CMlC~O TITLE DT 88 .00 PAGE-1!10\ OF 016 1!15/02/2013 1'5 :2'5 KINt; COIJNTV, I.IA As.~cssor's Parcel or At·count Number: 152:305 921602 Abbccv;utcd Lc,ru Dcsc,iptioac \..c,\ [). , r, · lt,( d.~+ 3ClDZ{)\.\aS:, 1D PER TITLE POLICY ~ ..._) [In dude 101, bled; and plat Of' secl.ioo, ,own,;hip and ran Gel Full legal description located on page 12 Trus1cc: RECONTRUST COMPANY, N.A Additional Granlees localed on page -----------ISpucAboveTbll Lime ForRetordiae D•t&J ---------- 1360757 ********352205013 (Doc ID •J DEED OF TRUST MIN 1000157-0008776819· 2 DEFINITIONS Words used i11 muhiplc ~lions of this documcn1 arc defined below and other words arc defined in Sections 3, 11, 13, IS, 20 and 21. Certain rule~ regarding the u~ge of word~ u~ed in 1hls document are also ('rovided in Section 16. (A) "Security Instrume11t" means this documen1, which is dated MAY 01, 2013 wi1h all Rider.; 10 this document. (B) "Borrower" is AVANT! BERGQUIST, AND STEVEN A BERGQUIST, WIFE AND HUSBAND Borrower i.~ the tn1s!llr under lhis Security Instrument. {C) "LePdi:r-" is BANK OF AMERICA, N.A. WASHINGTQN .. S1ngl1,1 Fami!y••Fannle Mae/Freddk Mac UNIFORM INSTRUMENT jMERS) MEAS Deed of Trus1-WA 2006A•WA (06/11)1dli) Paga 1 Df 11 , together Form 3048 1101 1~~11~11~1!1~1~1~111~~ '2486635220000D2006A• Description: King,h'A Document -Year.Month.Day.DocID 2013.502.1548 Page: l of 16 Order: 001234 comment: First American Title First American Title DOC ID t: •••~••••)52205013 Lender is a NATIONAL ASSOCIATION organized and cxi~ling under the laws of IRE: UNITED STATES . Lcmkr's address is 101 south Tryon Street, Charlette, NC 2S255 (D) "Tr·Htee" i.~ RECONTRUST COMPANY, N.A MSN T0-02 225 WEST HILLCREST DRIVE, THOUSAND OAKS, CA 91360 (E) "MERS" is Mongage Electronic Rcgistralion Systems, loc. MERS is a separate corpor.ition lhat is ac1i11g solely as a nornir.ee for Lender and Lender's succe.~sors and a.~sign.~. MERS Is the beneficiary under t•is Security Instrument MERS is organiu:d and cxistini; under 1hc law.~ of Delaware, and ha.~ an addrcs..~ and 1cle~honc number of P.O. BoK 2026, Flint Ml 48501-2026, tel. (888) 679-MERS. (f') "Note" meuns lhc promissory nole signed by Borrower and dated MAY 01, 2013 . The NllLC st.ates thal Borrower owes Lender ~IVE HUNDRED SIXTY THOUSAND FIVE HUNDRED and 00/100 Dollars (U.S. S 5 60, 50 0 . 0 0 ) plus interest. Borrower has promised 10 pay lhis debt in regular Periodic Payment<, and 10 pay 1hc debt in full not la1cr than JUNE O 1, 2 04 3 (G) "Property" mean.~ lhe property 1ha1 is dc.<:cribed below under Lhc heading '1'ran.~fer of Rights in the Propcny." (H) "Lc:ian" mean_<, !he debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sum~ due under this Securily Instrument, plus interest. (I) "Riden" mean.~ all Riders to thi.~ Si:curi1y lnstrumefll that ar<: ex.ccuted hy Bonow er. The following Rider!. ::ire to be ex.ecuted by Borrower [check box. as applicahlc}: [] Adjustabk Rate Rider D Condominium Rider 0 BallOOll Rider O Planned Unit Developmenl Rider 0 VA Rider D Biweekly Paymen1 Rider D Second Home Rider D D 1-4 Family Rider Othct(s) [specify] (J) "Applicable Law .. means all con1r0Jli11:g :ipplic:ible federal, .mue and local s1.a1utes, regulations, ordinance.~ and administrlllive rule.~ and orders (that have the effct:t of law) a~ we!l a,<; all applicable final, non-appealablc judicial opinions. (K) "Community AsUM:lation Dues, Ftts, and Assessmtot5" means all dues, fees, aso;cssmcnl<;. and olhcr charges that arc impo.~ed 011 801TOwcr or 1hc Pmrcny by :i condominium a.~sociation. homeowners a<;.,mcia1ion or similar organization. (L) ''l!:lectronlc Funds Transfer" mean.<; any tnm.<;.fcr of funds, other lhan a LrnnsocLion originated tiy chock, drart, or similar paper instrumen:t, wtiich is initi:ue:d through an electronic lerminal, 1elephonic instrument. computer, or magnetic iapc so as lf'l order, instruct, or :iuthonze a financial instirntion 10 debit or crcdil an account. Such 1enn include.~. but i.~ no1 limited 10, poim-of-sale transfer.~. automated 1ellcr rnachiDC transactions, transfers initiated by 1clephooe, wire lransfers, and au1omated clearinghou.~ trar1sfcrs. (M) "E:screw llems" mean.~ those items that are dc.<ieribcd in Section 3. (N) "Mlscellaneous Proceeds" means any compensation, setllement, award of damages, or proceeds paid by any third party (athcr than insurance proceeds paid under the coverages dc.,;cribcd in Section 5) far: (i) dam.tgc La. or destruction of, the Propcny; (ii) condemnation or 01hcr taking of all or any part or lhe Property; (iii) conveyance in lieu of colldcmnalion; or (iv) misrcprescntalioos of, or omissions a,; IO, the value and/or colldition of the Property. (0) "Mortga1e lnsura11ce" mean~ insurance protecting £..ender against 1he nonpayment of, or default on, 1he L<,.,n. (P) "Periodic Payment" means 1he reb'Ularly .~chcdulcd amount due for (i) priocip::il am.I interc.~t under the Nole, phJs (ii) any amoun1s under Section 3 of1hi.<; Security Instrument. (Q) "RESP A" means !he Real Est:ite Seulcmcn:t Procedures Ac1 (12 U.S.C. Section 2601 e1 seq.) an<l its implementing rcgulaiion. Regulation X (24 C.F.R. Part 3500), as tliey mighl be amended from Lime to time, or any addi1ional or successor legislation or regulation that governs Lhe same subject maucr. As u~d in this Security Instrument, ~RESPA" refers IO all requirements arid re.~trictiuns lhal arc imposed in regard LO a '"federally rela1cd mortgage loan" evCll if the Loan <locs not qualify as a "federally rclalell mongage loan" under RESPA. (R) "Su«essor In Interest or Borrower" means any pany Lhat has taken title 10 the Property, whelher or nol that party ha.<; a~sumed Borrower's ohligatioo.~ under the Note and/or tllis Security Tns1rumenl. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of 11\is Security lnstrumeni is MERS {.i;olcly a~ nominee fm Lemler alld Lender's ~ccessars and assigns) and the successors and a"-Signs of MERS. This Security lnstmmenl secures tu Lender: (i) lhe repayment of 1he Loan, and all renewal~. cx\c.nsions and modifkacions of the Note; and (1i) the pcrfonnance of Borrower·~ covenant~ and agreement~ under this Security [nstrumcnt and the Note. For Lh•s p1.1rpose, Borrower irrevocably WASHINGTON·-S1ngle Family··Fannle Mite/Fred~ Mau: UNIFORM INSTRUMENT (MEAS) MERS De,lld oi Trusl·WA 2006A-WA {06111) Page 2 ol 11 Fenn 3048 1101 Description: King,WA Document -Year.Month.Day.DocID 2013.502.1548 Page: 2 of 16 Order: 001234 Comment: First American Title First American Title DOC ID t: •••·••••352205013 grams and conveys LO Trustee, irt trust. with power of sale, the following dc.~nbcd properly located i11 the COUNTY of KI NG I Type or Rocmdini; fori,dictionl l:,,;,unc. r,f Recnrrlin~ Juri<dic1ion) SEE EXHIBIJ "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently h.1s lhc wJdrc.~s of 5007 SE 2ND PL, RENTON 1s1rec\/Ci1yl Wa.~hinglon 98059-4 960 ("Property Address .. ): IZipCc.J~I TOGETHER WITH all 1he improvemcnL~ now or hcreaf1er erected on the propeny, and all ea~emtnL~. :ippunen:lflccs, and fix1ures now or hereallcr a pan of the property. All replacements and addi1M">ns shalt also be covered by this Security lns1rument All or 1hc foreg(1ing is referred 10 in this Set,niLy In.~trumem a~ lhc "Property." Borrower 1mdcmands and agrees that MERS holds only legal tille 10 the imercsL'i .i::ramcd by Borrower in this Security lns1rumeot, but, if necessary to comply wilh law or custom, MERS (a.,; nominee for Lender and Lender's successor.; and assign.~) h::t.'i the right to exercise any or all of those illtercst,;, including, but not hmi1ed to, the right to foreclose and sell 1hc Property; and 10 take any action required of lender including, but 11ot limi1cd to, rclc:1.,;ir1g and canceling !his Security Instrument BORROWER COVENANTS Lhnt Borrower is lawfully seised of the estate hereby coiwcycd and ha.,; the right Lo grant and convey the Propcny and that the Propcny is unencumbered, excep1 for encumbrances or record. Borrower warranL'i and will defend generally the tide m the Propeny against all claim.,; and demamJs, ~ubject to any encumbrances or record. THIS SECURIIT INSTRUMENT combines u11ifonn covcnams for 11ational u.,;e and non-uflifonn covenants with limited \'ariahons by jurisdiction !O constiruie a unifonn_ security instrument covering real propcny. UNIFORM COVENANTS. Borrower and Lender covcnam and agree as follow.,;: I. Payme11t of Prioclpal, lnterrst. Escrow Items. Prepayment Charaes. and Late Charges. Borrower shall pay when due !he principal of. and intcresl on, 1hc debt evidenced by the N01e and any prepayment ch.1rges and lalc charges due under 1he Note. Borrower shall also pay funds for Escrow hcm.s punuant to Scc1ion J. Payment.~ due under t.he Note and this Security Instrument shalt be m.ulc in U.S. currency. However, if any check or other instrumem received by Lender as paymcnl under the Note or this Security (nstrumem is returned lo Lender unpaid, Lender may require that a,iy or all .~ub . ..eqtJent payments due under the Note and this Securily ln.~lrumcnt be made in one or more of lhc following fonns, a.s '!elected hy Leflder: ta) ea.'lh: (b) money order; (c) certified check, bank check, treasurer·~ check or cashier's check, provided any such check is drawn upon an institution whose dcposiLs are insured by a federal agency, instrumemality, or entity; or (ti) Electronic Foods Transfer. Paymenl'l are deemed received by Lender when received at the location designated in 1he Nate or at such other location as may be dcsignaled by Lender in accordance wilh lhc notice provislOns in Section IS. Lender may rc1um any paymcm or panial paymem 1f the paymem or panial payments are insuflkicn1 Lo bring the Loan current. Lender may :ict-ept .\ll)" p:.ymem or pru,.ial payment insufficient Lo bring lhc Loan current, without waiver of any rights hereunder or prejudice LO i1s rights 10 refuse such payment or panial payment.~ in the future, bu1 Lefldcr is nm obliga1cd to apply such paymc111s at the time such payments are accepted. If each Periodic Paymefll is applied a\ of ils scheduled due dale, then Lender need Ml pay imeresl on unapplied funds. Lender may hold such unapplicd funds until Borrower make.~ payment lo bring the Loan current. If Borrower does nm do .w within a rc::i.~nable period of time, Lender shall either apply such funds OT Telum !hem to Borrower. If no, applied eartier, such funds will be applied to the ouL~tanding principal balance under the Note immedialely priOr" to foreclosure. No offset or claim which Burrower mighl have now or in !he future against Lender shall relieve Borrower from making paymcms due ull<lcr the Note and this Security lnstrumem or performing lhc covenant.~ and agreemenL~ set."\lrcd by this Security lrlstrumcnt. 2. Application of Payme.ats or Procffds.. Except as olherwi~ descrihcd in Lhis Scclion 2, all paymcnL~ accep1ed and applied by Lender shall be llpplicd in 1he following order of priority: (a) inlercst due under the Nmc; (b) principul due under the Note; tc) amounl ~ due under Sec Linn 3. Such paymenL~ shall he applied 10 each Periodic Payment in the order in which it hccamc due. Any remaining amoums .~hall be applied firsl m late WASHINGTON-,S1ngla Fam~~--Fannle Mae/Freddie Mac UNIFORM INSTRUMENT (MEAS) MEAS DIIHIO ot Trus1-WA 2006A-WA(06111) PageJo/11 fonn 3048 1101 Description: King~WA Document -Year.Honth.Day.DocID 2013.502.1548 Page: 3 oE 16 Order: 001234 Comment: First American Title · First American Title charge.~, second to any oUlcr amourus due under !hi.~ Security fns1rumenl, and 1hcn to reduce the principal balance or the Note. If Lemler receives a payment from Borrower for a dclinquenl PcriodJC Payment which includes a sufficient amount 10 pay any la1e charge due. the payment may be applied 10 lhe delinquent payment and the la1c charge. ir more than one PcriOOic Payment is out~tanding, Lender may apply any payment received from Borrower to the repayment or ihc Periodic PaymcnL~ if, and 10 thc eKtcrn th:ti, each payment can be paid 10 futl. To the extent that any excess exist<; after the payment is applted to the full paymcnl of one or more: Periodic Payme11Ls, such cxcc.~s may be applied lO any late charges due. Voluntary prepayment<; shall be applied first Lo any prepayment charge.~ and then as described in, the Note. Any application of payments. insurance proceed._, or Miscell<mcOus Procetd<; 10 pnncipal due under the Note shall not extend or postpone the due dale, or change the amount, of the Periodic P-.iymenL'i. 3. J'unds (or Escrow Items. Borro"'"<:r shall pay lO Lender on the day Periodic Payment,; arc due untlcr lhe Note, u111il the Nute is p:ud m full, a .\um (lhc '"Fuml.~") IO provide for payment of amount<; due for: (a) taxc~ and a~sessmenL<; and mhcr item.~ which can a11ain priority over this Security lnstrumcnl a~ a lien or encumbrance on 1he Propcny: (b) leai;chold paymenL<; or ground renL<; on the Propcny, if any; (c) premium.,; for any and all insurance required by Lclll.ler under Seclion 5; and (d) Mortgage ln.~urance premiums, if any, or any sum.~ payable by Borrower 10 Lender in lieu of the payment of Mortgage ln.~urance premium.~ in accordam.:c with the provisions uf Section 10. Thc.<;e 11em.~ are called "E.;crow hems." At origi11a1ion rir at any time during the term of the Wan, Lender may require lha1 Community As..irociation Dues, Fees and As.-.c...smenl~. if any, be eSt:rowed by Borruwcr, and such ilues, fees and .a.~ssmcnL~ shall he an Escrow hem. BoJTOwer shall promptly furnish to Lc:ndcr all noticcs of amounL,; to be paid under I.his Section. Borrower shall pay Lc:ndcr I.he Funds for Escrow hems unlcs.s Lender waives Borrower's obligation to pay the Funds for any or all Escrow l1erns. Lender may waive Borrowcr'.i obligation to pay 10 Lender Funds for any or all E.,;crow Items al any time. Any soch waiver may only be m writi11g. In tile event of such waiver, Borrower shall pay dircclly, when a11d where parable, I.he arnot1nL<; due ror ru,y Escrow Uem.<; for which payment of Funds has been waived by Lender and, if Lender requirc.s, shall furnish to Lender receipts evidencing such payment within .~uch lime period a1. Lender may require. Borrower"s obli_ga1inn to make such paymenLs and lo provide receipLs .shall for all purposes be deemed to be a covenant and at,tteement comained in lhis Security lnmtJment, a~ 1he phra.se "covenant and a_grecment" is u.;ed in Section 9. If Borrower is obligated 10 pay Escrow hems directly, purs1,1ant 10 a waiver, and Borrower fail~ 10 pay the amount due for an facrow 11cm, Lender may exercise iLs righLs under Section 9 and pay such amoun, and Borrower shall 4hcn be obligated under Sec1Kl11 9 to repay 10 l.eTider any such amounl. Lender may revoke tile waiver as LO any or all facrow hem.,; at any Lime by a ootice given in accordance with Section 15 and, upuo sl.lCll rcvocatM"l, Borrower sllall pay 10 Lcrider all Funds, and ill such amounts, that are then required under this Section J. Lender may, at any time, collecl and holtl Funds in an amoun1 (a) surficicm 10 pcnni1 Lender 10 apply lhe Funds a1 the urne specified under RESP A, and (b) not to exceed I.he maximum amounl a lender can require under RESP A. Lender shall c.,;:timaic I.he amounl of Funds due on the basis of current data and reasonable estimate.~ of expenditure.,;: of future Escrow hems or mherwise in accordance with Applicable Law. lbe Funds shall be held in a11 institution whose dcro~iL~ are insured by a federnl agency, instrumentality, or entity (including Lender, if Lender is ,m iTJSlillllion whose deposits are so insured) or ir1 any Federal Home Loan Bank. Lender shall apply the Funds Lo pay I.he Escrow Hems no later lhan the time specified under RESPA. Lender shall nm charge Borrower for holding and applying I.he Fund,;:, annually analyzing 1he escrow account, or verifying the Escrow hems, unless Lender pays Borrower imerest on the Funds all() Applicable Law pcnnits Lender to make such a charge. Unless an agreement is made in wri1ing or Applicable Law requires interest lo be paid on the Funds, Lender shall no1 be required 10 pay Borrower any interes1 or earnings on the Funds. Borrower and Lc:nder can agree in writing, however, that in1eres1 shnll be paid on the Funds. Lc:ndcr shall give 10 Borrower, without charge, an annual accounling of the Funds a~ required by RESP A. J( 1hcre is a surplus of Foods held in e.,;crow, as defined under RESP A, Lender shall acOO\lnl to Borrower for 1hc cxcc.u funds in accordance wilh RESP A. If there is a shortage of Funtls held in esi;row, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Bonower shall pay lo Lender the amount necessary 10 make up the shortage in accordance with RESPA, but in no more lhilll 12 monthly paymc11Ls. If there is a deficiency of Funds '1eld in escmw, as defined ooder RESP A, Lender shall notify Borrower as required by RESPA, .ind Borrower shall pay to Lender the amount n«:cs..~ary to make llJ) Ille deficiency in accordance wilh RESPA. but in no more than 12 monthly paymcn1s. Upon payment in full uf alt sum~ secured by lhis Security [ns1rumenL. Lender sllall promptly refund LO Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all uixes, assessmenL~. charge.~. fines, and imposi1ions aurihut.1hle 10 1he Property which can anain priority over I.his Security ln.~trumcnt, lea'iChold payments or ground rcnls on tile Property, if :my, ami Communi1y Associauon Dues, Fees, and Asse~sments, if any. To the cxtenl lhal 1hesc items arc Escrow Items, Borrower shall pay them in tile mamier provit.lcd in Section 3. Borrower shall promptly discharge any lien which ha,; priority 011er this Security Instrument unlc.~s Borrower: (a) agree.,; in writing to 1he p;1ymem of the obliga1ion secured by the lien in a manner acccptahlc to Lender, but only so long as Borrower is pcrforming such agrceme111; (b) comesL'i the lie11 in good faith by, or defend.,; against cnforcemenl of the lien in, legal proceedings which in Lcndcr·s opinion opera1e to prcvenl the cnforcemem of the lien while tho~ proceedings arc pending, but only unlil such proceeding.~ arc COlldudc<l: or (c) .~ecurcs from the holder or the lien an agreement ~tisfactory 10 Lender .<;ubordmating 1hc lien 10 !his Sci.:urity WASI-INGTON--Smgla Familr··Fannle Mae/Freddie Ma~ UNIFORM INSTRUMENT (MERS) MEAS Oalild ol Trwst·WA 2006A·WA (06111) Page4of11 Form 30481101 Deseription: King,WA Doeument -Year.Month.Day.DoeID 2013.502.1548 Page: 4 of 16 Order: 001234 Comment: First American Title · First American Title DOC ID i: ••••••••352205013 Instrument. If Lender de1enninc.,; thal any part of the Properly is subjecl IO a lien which can attain priority over this Securi1y [ru:trumenl, Lender may gi11c Borrower a not.ice idc11lifying the lien. Wilhin 10 days of !he date on which that notice is !!ivcn, Borrower shall sa1isfy the lien or take one or more of the actions set forth above in this Scc1ion 4. Lender may require Borrower to pay a one-lime charge for a real estate lax verilic.ition and/or reporting service used by Lender in connection with this Loan. 5. Property lns11rance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured agai11s1 loss by fire, harard.,; included within the term "ex1ende.d rnverage." and any other hazards including, but 001 limited to, earthquakes and noods, for which Lender requires in.~urance. This insur:ince shall be mainuined in the amounL~ (including deductible levels) :lfld for the periods that Lender requires. What Lender require.~ pur!iuam to the preceding scntertees can change during the tenn of the Luan. The in!i\lrance c;;irricr providing the insurance sh.all be cho.o;en by Borrower subjccl to Lender's right lo di.,;approve Borrower's choice, which righl .'mall 11ot be exercised unri.:asonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-lime charge for nood zone de1cnnina1ion, cc111fica1.ion and 1taeking services; or (b) a cmc-1irne charge for Oood zone detennination arid certification services and sub.m1ucn1 charges each time rcmappings or similar cha11ges occur which rca<;0n.ibly might affect such dcterrninatior1 or cenir,cation. Borrower shall aJso be responsible for the payment of any fees imposed by tk Federal Emergency Man:1gemem Agency in co,mcc1ion with the review of any nooc1 zone dctennina1ion resulting from an objection by BOn'l)WCr. If Borrower fails to maintain any of lhe covcr.tges de.~ribcd above, Lc:nder may oblilln insurance covernge, at Lert<.ler's option and Borrower's expense. Lender is under no obligation to purcha<;c any panicular type or amount of coYcrnge. Therefore, such coverage shall cover Lender, but might or mighl 1101 p101cc1 Borruwcr, B0m1wcr's equity in Lhc Properly, or the contcnl<, of the Property, againsl imy risk, ltazard or liabilily aad might provide greater or Je.,;scr coverage than wa.~ previously i11 cffc-cl. Borrower acknowledges that 1he cost or the insurance coverage so oblaincd might signiricamly exceed the cost or insurance tha1 Borrower could havc obmincd. Any amounL'> dishursed by Lender under this Section 5 shall hecome adtli1ional dcb1 of Bom1wcr .~ecured hy thi.~ Security Ti1.~1rumcnt. These :unounL<; shall bear interest a1 !he Note ra1c from the dittc of di.~hurscmcm and shall be payable, wilh such in1ere.~1. upon notice from Lender 10 Bom>wcr requesting payment. All insurance policies required by Lender fll'ld renewals of such policies shall be subject to Lender's right to di.~appro,·e such policies, shall include a standard mortgage clause, 3lld shall name Lender a.~ mortgagee and/or as nn adtlitional loss payee. Lender shall have 1he right 10 hold 1he policies 811d renewal certificates. If Lender require.~. Borrower shall promptly give lo L.!ndcr all rcceipL~ of paid premiums and renewal notices. lf Borrower ohwins any ronn of insurance cm•crage, not mherwisc required by Lender, for damage lo, or destruction uf, lhe Property, such policy .<;hall ioi;lllde a .~tamlard mortgage chm.~e and .<;hall name Lender .is mortgagee and/or as an additional loss payee. In the cYent or loss, Borrower shaH give prompt no1ice to the insurance carrier and Lender. Lender may mal:.e proof or loss if not made promptly by Borrower. Unle.~s Lender and Borrower otherwise agree in writing. any insur.uk;e proceeds, whcLhcr or nm lhc underlying insurance wa.s required by Lender, shall be applied to rcsloration or repair of lhe Property, if the rcsloration or repair i.~ economically feasible and Lender's security i.~ nol lessened. During such repair and rcsloralion period, Lender shall have the right to hold such insurance proceeds until Lender has had ari opportunity lo inspec1 such Property to ensure the work ha.~ been completed to Lender's sa1isfac1ion, provided tha1 such inspection .~hall be 1mc:lertaken promplly. Lender may disburse proceeds for lhe repairs and restorntion in a single paymenl or in a series of progress payments a.~ lhe work is completed. Unless an agrceme111 is made in writing or AppliL-able Law requires imere.sL Lo be paid on such insuram;c proceeds, Lender shall no! be required lO pay Borrower any intere.~t or earnings on such proceeds. Fees for public m.ljuslers, or other lhird parties, retained by Borrower sh.ill not be pald out of the in.surance proceeds and shall be the '>Ole obliga1ion or Borrower. If the resloration or repair is nol economically feasible or Lender's !recurity would he le.'lscncd, the insurance proceeds shall be applied to the ~'Urns secured by this Security Instrurnenl, whether or not then due. with the excess, if any, paid to Borrower. Such in!rurance proceeds shall be applied in 1he order proYided for in Section 2. If Borrower aharn:lons 1he Property, Lender may file, negotiate and sculc any available insurance claim 3Ild rel.ilcd mailers. If 801Tower does not respond wilhin 30 days 10 a notice from Lender that the insurance carrier has offered to scule a claim, then Lender may negotiate and !;Citic the claim. The 30-day period will begin when Lhe notice is given. In either event, or if Lender acquires the Propcny under Section 22 or otherwi.'>t, Borrower hereby a~signs to Lender (a) Borrower's righL'I to ar1y insw-,rnce proceeds in an amounl not to ei.cred lhe amounL'I unpaid under the Note or this Secl.ll"ity lnstnnncm, and (b) any olher of Borrower's rights (other 1han the righ1 to any refund uf une.trned premium~ paid by Borrower) under all insuram:e policies covering the Property, insofar as such righL, are applicable to lhe coverage of 1hc Propeny. Lender may use 1hc in.wrance proceeds either to repair or restore I.he Property or lo pay amount'> unpaid under the Nme or lhis Security ln'>trumcnt, whelhcr or nol then due. 6. Occupancy. Borrower shall occupy, es1.ablish, and u~e the Property as Borrower's priflcipi1I re.~idcncc wi1hin 60 days after the e:i.ecution of 1his Security Instrument and shall continue to occupy tJie Propeny as Borrower's principal re/iidence for .al least one year after lhe date of occupancy, unleS'> Lender otherwise agrees in writing. which consent shall no1 be unrca~onably wilhheld, or unless e,;tenualing circumstances exist which are beyond Borrower·.~ control. WASHINGTON-Single Farnily--Fenrde Mae/Fteddle Mae UNIFORM INSTRUMENT (MERS} MEAS Deed of T1vst-WA 2006A-WA (06/11) Pa51e 5 of 11 Fora, 3048 1101 Description: King,WA Document -Year.Month.Day.DocID 2013.502.1548 Page: 5 of 16 Order: 001234 Comment: First American Title Fi'rst American Title DOC ID f: ~••r~*r•)52205013 7. Preservatlo11, Maintenance aad Proltttfon of the Property; rnsptttiont. Borrower shall llOl dtsltOy, damage or impair the Property, allow the Pmpcrty 10 deteriora1e or commil waste on the Property. Whc1hcr or nCN Borrower is residing in the Property, Bonowcr shall maintain the Property in order to prevent the Propcny from deteriorating or decreasing in value due 10 its condition. Unless it is determined punu:lflt to Scc1ion 5 that repair or restoration is nOI CCOJJom1cally fca .. iblc, Borrower shall promptly repair the Property if damaged Lo avoid further deterioration or damage. 1£ insur.ince or condemnatioo proceeds are paid in connection with damage to, or the taking of. the Property, Borrower shall be re.~ponsihle for repairing or res1oring 1hc Property only if Lender ha-. released proceeds for such purposes. Lender may disburse proceeds for the repairn and rcs1oralion in a single paymen\ or in a series of pr~ress paymenls as the work is completed. lf1he insur,mce or condemnation proceeds are 1101 sufficient to repair or restore the Proi,eny, Borrower is no\ relieved of Borrower's obligation for !he completion of such repair or resmra1ion. Lender or ils agent may make reasonable entries urxin and in.~pcction.s of the Property. If i1 has rc:1son,1ble cause, U:nder may in.specl the in1erior of lhc improvements on the Propcny. Lender shall give Borrower notice al the time of or prior 10 .such an interior insJ!Ct'lion .~pecifyin_g !ruch reasonable cause. 8. Borrower's Loaa Applkatfon. Borrower shall be in defouh ir. during the Loan applica1ion rroccss, Borrower or any persons or entitie.s acling .al the dircctttln of Borrower or with Borrower's knowledge or conscm gave materially false. misleading, or inaccurate lnfonnation or sta1i::mems lo Lender {or failed to provide Lender with material infonnalioo) in connection witfl the Loan. Material rcprcsen1a1ions inclmle, hul arc nm limited 10, reprcsemations concerning Borrower's occuf)allcy of lhe Property a<i Borrower's principal residence. 9. Protettlon of Leoder'1 loterest lo the Property aod Rights Under th11, Security Iostrumeot. If (a) Borrower fails to perform the c:ovcnants am.I agreement~ contained in lhis Security Jnstrumcnl, (h) there i.'! a legal proceeding that might significantly affect Lender's interest in !.lie Properly and/or right'i im<ler this Scc:urity ln'>trumem (s11ch a~ a proceeding in bankrup1cy, proba1e, for cundemm1tim1 or forfeiture, for enforcement of a lien which may auain priority uvcr this Securily lnslrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is rea.wnablc or appropriate to protect Lender'~ imerc.~I in tfle Property and rights under thi.~ Security In.~trument, including prolecting and/or assessing 1hc value or the Property, and securing ancVor repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which ha~ priority over lhis Security Insirument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect it~ imere."1 in the Property ancUor right.~ under this Security lnstrument, including its ~ured p.1si1ion in a bankniptcy proceeding. Securing the Propeny includes, bul is 1101 limited 10, entering the Property lo make repairs, chan!Je Jocks, replace or board up dnor.~ and windows, drain waler rrom pipes, eliminate building or other code violation.~ or dangerous conditions, and bave utilities wmed on or off. Although Lender may 1ake action under this SeClioo 9, Lender docs nol have to do so and is noc under any duty or ubligalion to do so. His agreed that Lender incw-s no liability for not laking any or all actions authorized under lhis Section 9. A11y amoun~~ dL~burscd by Lender under this Section 9 shaJI become additional debt of Borrower secured by lhis Security lns1rumcnt. These amount~ shall bear in1eres1 aL the Note rate from the date of disburscmcm and shall he payable, witfl .~uch interest, upon rK>tice from Lender 10 Borrower requesting p:iymcnt. If thi.s Securily lns1rument i~ on a leasehold, Borrower :i;hall comply wilh al11he pmvi.~ions of 1he lca!.e. If Borrower .icquircs fee tillc to lhe Propeny, lhe leasehold nnd 1he fee ti1lc shall nm merge unlc.~s Lender agrees Lo lhc merger in writins. 10. Mortgage lnsurant:11!. If Lender required Mor1gage Insurance as a condition of making 1hc LI.ian, Borrower shall pay the premiums required Lo maintain the Mortgage Insurance in effect If, for any rca.wn, 1he Mortgage Insurance coverage reijuircd by U:nder cease.'> to be available from the mongagc insurer lhal prcvioosly provided such insur.u1ce and Borruwcr wa.'> required to make separately designated paymenL~ toward 11tt: premium~ for Mortgage Insurance, Borrower sDall pay the premiums required lO obLain coverage sub,;tantially equiv.a.lent to the Mongage Insurance previously m effect, .al a cost substamially equivak:nt to the cost 10 Borrower of the Mortgage Insurance previously m effect, from a,i altemale mortgage insurer selected by Lender. If suhstanlially equivalcfll Mortgage Insurance coverage is nol available, Borrower shall continue Lo pay to Le11dcr the aroounl of lhe separately dc.~ignated payment.~ 1ha1 were due when the in.'>urance coverage ceased lo be in effect. Lender will accept, use and rc1ain 1hcsc payments a'> a non-refundable loss reserve in lieu or Mongaii;e ln.wrance. Such Jos.~ re.'>erve shall be non-refundable, notwilhsLanding the fact lhat the Loan i.~ ultimately paid in full, and Lender shall not be required 10 pay Borrower any in1ercs1 or earnings on such loss reserve. Lender can no longer rcyuire loss reserve payments if Mortgage [nsuranee coverage (in the amounl and for the peliod that Lender require.~) provided by an insurer selected by Lender again becomes available, is obi.lined, and Lender requires separa1ely designated payment~ toward the premiums for Mortgage Jn.'>urance. If Lender required Mortgage Insurance as a conditioo of making the Loan and Bonowcr was required to make separately designated payment~ LOward the premium-. for Murtgage lnsurnnce, Borrower .'>ha11 pay the premium~ required to maintain Mongage [tL~Urancc in effect, or to provide a non-rdundable loss reserve, until Lender'.~ requirement for Mortgage Insurance ends in accordance with any written agre.ement between Borrower and Lender providing for such lcrmination or unlil terminalion is required by Applicable Law. Nmhing in 1his Section l O affect~ Bonower'.<; obligation lo pay imerest a1 the rate provided in lhe Nole. Mongage Insurance reimburses Lender (or any entity that purcha<;es Ille Note) for ccnain losses it may incur if Borrower does nOl repay the Loan a~ agreed. Borrower is no! a pany 10 the MOTIJ;tage lnsurJncc. Mortgage in~urcn evaluate lhcir tot.ii nsk on all such msurance in force from lime to time, and may enter into agrecmenL"i with 01her parties that sh.ire or modify their risk, or reduce losses. These agrccmcnl~ are on WASHINGTON-·Sin9lu Fam~~-fl>nnte MaefFreddle Mai: UNIFOFIM INSTIIUMENT {MEAS) MEAS OGOO o1 l"rust·WA 2006A-WA 105/11] Pa9uS0f11 Form 3048 1101 Description: King,rfA Document -Year.Month.Day.DocID 2013.502.1548 Page: 6 of 16 Order: 001234 Comment: First American Title First American Title DOC ID I: ***~****352205013 tenm and c:ondiLions 1ha1 arc satisfoc1ory lo Lhe mortgage insurer and the 01hcr party (or parties) tu these agreements. These agreement,; may require the mortgage insurer lo make paymenL,; using any source of fonds 1ha1 the mortgage insurer may have availabk (which may include fond,; obtained from Mortgage Insurance premiums). As .i result of lhcse agreemenL,;., Lender, any pur~ha.o;cr of the Nole, aoother in,;.urcr, any reinsurcr, any other cmi1y, or any offilia1e of any of the foregoing, may receive (dirmly or indire:ctly) amount~ Lha1 derive from (or might be charactcriz.ed a.~) a portion of Borrower's paymenrn for Mor1gage ln:.urance, in exchange for .~haring or modifying the mortgage insurer·.~ risk, or reducing losses. If such agrecmcnt provitlcs that an affiliate of Lender takes a share of lhe insW"er's risk in exchange for a share of ihc premium~ paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Aoy such agnements will not affect the amouu that Borrower has agreed to pay for Mortgage ln'Surance, or any other terms orthe Loan. Such agreemeuu will ool increase the amount Bon-ower wlU owe for Mortgaae h1sunoce, and they will not entitle Borrower to any refund. (b) Any rui:h agreeme•ts will not aff«I the righ15 Borrower has -H any -with re-spei:t to the Mortgage Insurance under the Homeownen ProlectlH Act or 1~98 or aoy otbrr law. These rights may Include lhe right to receive certain disclosures, to request and obtain cancellation or the Mortgage Insurance, to bave the Mortgage ln1U11111ce lermlnated 111Jtomadcally, and/or to receive a rd1111d or aoy Mortgage Insurance premiums tbal were uoeanfll at the dme or 'SU'L'h C1111cellatlon or termlnatf<1n. 11. Anlgnmenl of Miscdlaaeous Proceeds; Forldt11re. All Mi.~ellancou,~ Proceeds uc hereby assigned to and shall be paid to Lender. If the Propeny i.~ damaged, such Miscellaneous Proceed.~ shall be apphed 10 restoration or repair of 1he Property, if the rcstoratiOfl or repair is eoooomically fca,<;iblc and Lender':,; security is not lessened. During s1JCh repair and rcs!Oralion period, Lender shall have lhc right to hold such Miscellancoos Proceed.~ until Lender ha~ had an oppon,mity to inspect such Propeny to crnure 1bc work has ba:n complc1ed to Lender's saLisfaction, provided Lhal such inspection shall be undertaken promplly. Lender may pay for the repairs and restoration in a single disbursemcnl or in a series of progress payme11t~ as t11e work is comple1cd. Unle.~ an agrecmcn1 is made in writing or Applicable Law requires i111erest Lo be paid on such Miscellaneous Pmcecds, Lender shall nol be required to J)3Y Borrower any interest or earnings on .~uch ~facellaneo11.~ Proceed~. If 1he restoration or rep:iir is not economically fc:isible or Lender's sccunty would be lessened. the Miscellaneous Proceeds shall be applied IC lhe sums .~ecurcd hy Lhis Security Instrument, whelhcr or no11hen dL>C, with the c:i;ccss, if any, paid Lo Borrower. Suell Miscellaneous Proceed~ shall he applied in lhe order provided for in Sec1ion 2. In the even1 of a 1otal Laking, de.muc1ion, or loss in value of lhe Propeny, 1be Mi~ell:meous Proceeds shall be applied 10 1hc sums secured by this Security ln.~trumcnt, whe1her ot nm 1hen due, with the excess, if any, paid Lo Burrower. In the event of a partial Laking, de.muelion, or los.<110 value of lhc Propeny in which the fair market value of lhe Propcny immedialely before the partial laking, dcstl'\Jction, or loss in value is equal 10 or greater Lhan the amount of the sums secured by lhis Security lnstrumcnl immediately before 1be partial taking, dc.~troc:lion, or lo.,s in l'alue, unless Borrower an<l Lender otherwise agree in writing, the sums /iecured by 1his Security lnstrurncn1 shall he rcd11ecd by th.e amoum of the Miscell:ineou.~ Proceeds mulliplicd by the following fraction: (a) the total amount of 1he sums secured 1mmcdiatcly before the partial takmg, dc~truc1ion, or loss in value divided by (b) the fair markeL "alue of the Property immediately before the partial laking, de~truction, ur loss in valut!. Any balance shall be paid to Borrower. ln the event of a paniaJ taking, destructi011, or lrn;s in value of the Propeny in which the fair marke4 value of the Propeny immediately before lhe panial taking, destruction, or loss in vaJue is less than the amoun1 of the wrn.<: secured immediately before !he partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the .~urns secured by 1his Security [nstrumem whether or not Uic sums arc then dl)C. If lhe Property is aband011ed by Borrower, or if. alter notice by Lender lo Borrower that 1he OpposiTig Party (u.~ defined in lhe next seTitcnce) offers to make an award to settle a claim for damages, Borrower fails 10 re.~~-md to Lender within 30 days af1er lhe dale the nolice is given, Lender is au1horized to collect and npply 1he Miscellaneous Proceed~ either to resloration or repair of 1he Property or 10 the sums secured by this Security Jnstrumcm, whether or not then due. "OpposiTig Party~ means the 1hird pany thal owes BorTower Miscellaneou~ Proceed~ or 1he pany ~:Uns1 whom Borrower has a right of action in regard to Mi.c;cellaneous Proceeds. Borrower shall be in default if any action or proceeding, whelher civil or criminal, is begun that, in Lender's judgment. could rcsul1 i11 forfeiture of !he Propeny or other ma1erial impainnenl of Lender's intercs1 in !he Propeny or righ1s under lhis Security Instrument. Borrower can cure such a default' and, if accelcrntion ha,,; occurred. reinstllc a.~ provided in Scc1ion 19, hy causing the ac1ion or proceeding to be dismissed wilh a ruliTig 1ha1, in Lender's judgmenl, precludes forfeiture of Lhe Property or Olhcr material impairment of Lender's interest i11 the Property or righL~ under this Securi1y Ia~trumcnt. The proceed~ of any award or claim for damages that arc auribtnable to the impairmenl of Lender's interest in the Propcny arc llercby a.~signcd and shall be paid to Lender. All Miscellaneous Proceeds lhat arc not applied m restorntion or repair of 1he Propcny shall be applied in 1he nrdcr provided for in Section 2. 11. Borrower Not Released; Forbearan<:r By Lender Not a Waiver. Ex1ension of the time for paymen1 or modification of amonizalion of the sums secured by lhis Security lnstrumenl granted by Lender to BOrTOwer many Sutte.'l~ot in \meres! of Borrower shaJJ n<N operate to release the liability of Borrower or any Succes.<;ors WASHINGTON··Singlo Farnily-·F111mlo Ma,e/Fredclle Mac UNIFORM INSTRUMEITT (MEAS) MEAS Deed ol Trust-WA 2006A·WA (06111) Page7ol11 Form 3048 1101 Description: King,WA Document -Year.Month.Day.DocID 2013.502.1548 Page: 7 of 16 Order: 001234 Comment: First American Title First American Title DOC ID ~: 0 ••..-0 352205013 in lnlcrcst of Borrower. Lender shall not he required 10 commence proceedings agaimt any Successor in Interest of Borrower or to refuse to extend time for payment or 01hcrwise modify amortiz:nion of the .~um,; ,<;ecured by 1his Scc11rity (n.<;J.tUrncm hy reason of any demand made by the original Borrower or any Successors in lnterc:;t of Bom,wcr. Any forticarani.:c by Lender in cxcrci,;ing any right or remedy including, withoul limitation, Lender's acccptnncc nf payment,; from third persons, eritiLics or Stt<.-ccssors in Interest of Borrower or in amounrn less than 1hc amoum 1hen due, shal I nol be a waiver of or prei.:lude lhc C}(.Crcise of any righl or remedy. 13. Joint and Sevenl UabUUy; Co-slgoen; Suecesson and Assigns Bou11d. Borrower covenant~ and agree.<; that Borrower's obligations and liability .~hall be jolm and .~cveral. Huwcver, any Borrower who co-signs this Security Instrument but does OOI execute 1he Nme (a "co.signer"): (a) i'i co-signing Lhis Sccuri1y lnsuurncnt only to mortgage, gram and 1..-onvey 1h-c co-signer·.~ in1cre..i in 1he Properly under Lhe tcnns of 1his Security lnstrumcn\; (b) is not personally obligated lu pay the sums secured by this Security lns\rumcnt; and (c) agrees that Lender and any other Borrower can agree 10 extend, modify, forbear or make any accommo;l::niom with regard lo the terms of this Security Instrument or the Nme wi1hou1 1he co-signer's con.~cnL Subjccl to the provisions or Section 18, any Successor in Interest of Bonowcr who assumes Borrower·.~ obligalions under this Security Instrument in writing. and is approved by Lender, shall obtain all of Borrower·.~ rights and bener11s under this Security lnSlrumenl. Booower shall not be relca,;ed from Borrower's obligations and liabilily under this Security lnstrumem unless Lender agree,; to such relcu,;e in writing. The covenanL'i and ab,rcemcnL'i of tliis Securily Instrument shall bind (except as provided in Scc1ion 20) and benefit 1hc successors and a%igns of Lertt.ler. 14. Loan Charies. Lender may charge Borrower fees for services performed i11 coonectioo with Borrower's defaull, for 1he purpose of proiecling Lender's interest in lhc Propeny and nghts under this Security lnstrumcnl, including, but nut limited to, anomcys' fee.~, property inspection and valua1ion fee.~. In regard IO any 01hcr fee.~. 1hc ab~l"l(.:e of c;,;pre~s authority in this Security Instrument m charge a specific fee 10 Borrower shall not be rnnstrucd a~ a prohibition on the charging of such fee. Lender may not charge fees that arc cxpn::ssly prohibited hy thi.~ Security Im:1rumcn1 or by Applicable Law. If 1he Loan is subject to a law whkh seas maximum loru, charges. and that law is finally interpreted so thal the interc.~t or olhcr loan charges collected or Lo be col lcc1cd in connection with the Loan exceed the penniucd limits, then: (a) any .~uch loan charge shall be reduced by the amoum necessary 10 reduce Lhc charge m 1he pcrmincd limit: and (b) any sums already collee1cd from Borrower which exceeded permiucd limits will be refunded to Borrower. Lender may choose 10 make Lhi.~ refund by reducing Lhc principal owed under lhe Note or by making a direct paymenl to Booower. If a rcfu11d reduces principal, the reduction will he treated as a partial prcpayrncnl without any prepaymenl charb'C (whether or nm a prepayment charge is provided for under the Nole). Borrower's acceptance of any such refund made by dircu payment LO Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notl«s. All nmices ~ivcn by Borrower or Lender in wnncction with this Security ln.<;lrument must be in writing. Any noti1.:e 10 Borrower in nmnec1io11 wilh thi.~ Sci;urity Instrument shall be deemed to have been given !O Borrower when mailed by first cla . ..s mail or when actually delivered to Borrower's notice address if sent by miler means. No!ice to any one Booower shall constitute notice 10 all Borrowers unlcs.<; Applicable Law expres.~ly requires otherwise. The notice address sha11 he the Property Addre!>.<; unless Borrower has designaied a .~ubstilutc notice address by notice 10 Lender. Borrower shall promp1ly nmify Lender or Borrower's change of addres~. If Lender specific.<; a procedure for reporting Bmruwer·s cha11gc or address, then Borrower shall only reporl i1 change of addres.<; lhrough that specified procedure. There may be only one designaled llOLice address under lhi.~ Security ln.<;\rumcnl al any ooc lime. Any notice lo Lender shall be .i;;iven by delivering it or by mailing ii by first class mail Lo LcntJer's addre.<;s stated herein unlc.~'S Lcrtder lia'> designated another addles.~ by llOtice 10 Borrower. Any notice in connecttOfl with this Security Instrument shall not be deemed 10 have been give11 10 Lender until actually received by Lender. If any notice required by this Securily ln~1rumen1 i.<; also required u11dcr Applicable Ulw, the Applicable Law rcquirerncnL will sati:,;fy lhe corresponding requirement under Lhis Securi1y lnstrurnem. 16. Governing Law; Severabllity; R•ln of Comtrvctlon. This Security lnslrumenl shall be governed hy federal law and lhc law of tile jurisdiction in which the Propeny is lornced. All ri,gllt<; and obligmions con1ained in this Sccurily l11strument arc .~ubject m any requirement~ and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the panies to agree by eontracl or ii migllt he silen1, but such silence shall noc be co11s1rued as a prohibition agamst agreement hy con1rac1. In 11le evem that any provision or clause of 1his Security lnsLrument or lhe Note connicu wi1h Applicable Law, such conflict shall nnt affecl other provisions of this Security Instrument or the Note which can be given effccl wi1hout the r.""OnOicling provi.~ion. As used in this Sccuri1y lns1rumen1: (a) words of the masculine gender shall meoo and include corresponding 11eutcr words or words of the feminine gender: (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "mayfl giV(;s sole discretion without at1y obliga1ion to take any ac1ion. 17. Borrower'! Copy. Borrower shall be given one copy of the Note and or Lhi.~ Security lnstrumc11t. 18. Transfer or the Propcrt}' or a Bueflclal Interest In Borrower. As u.~cd in t.his Section 18, "(nLCrcs1 in the Property" means any legal or bctlcficial imerest in 1hc Prorerty, including, bu1 001 limited to, those beneficial interesls transferred in a bond for deed. comracl for deed, inslallrncn1 sales contrac1 or escrow ngrcemcnL, the intent of which is the tra1ufer of til1e by Borrower al a furure dale 10 a pureha.<,er. If all or any part of the Property or any Interest i11 the Propcny is .ffild or transferred (or if Borrower is not a mitural person and a beneficial intere.'-1 in Bonower is !!Old or transferred) without Lender'~ prior wrillen conscnl, WASHINGTON--Smgle Family ·Fanr,le Mae/Freddte MM: UNIFORM lNSTRUMENT (MERS) MERS Deed ot Tru:.1·WA 2006A•WA (06111 i Pag .. eot11 fo,m 30481/01 Description: King,WA Document -Year.Month.Day.DocID 2013.502.1548 Page: 8 of 16 Order: 001234 Comment: First American Title First American Title DOC ID f: ••~••~••352205013 Lender may retiuirc immediate paym<:nl in full of .ill sums scrnrcd by lhi.~ Sccurily Jnstrumcnl. However, thi.~ oplion shall nm be exercised by Lender if such exercise is prohibi1ed by Applicable L:1w. lf Lender exercises this option, Lender shall give Borrower nmicc of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Sttlion 15 within which Borrower mu.~ pay all sums secured by this Security lnslroment. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permiued by this Security lnslrumen1 without further notice or demand on Borrower. 19. Boffower's Right to Relostate Art.er Acceleration. If Borrower meet,;; certain conditions, Burrower shall have the righ1 10 have enforcement of lhis Securi1y Instrument di.~on1mued al any lime prior IO 1he earliest of: (a) five days before sale of the Property pursuaf'll lo any power of sale conlained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right Lo reinsta1e; or (c) entry of a judgment enforcing this Sccuri1y Instrumenl. Those condition.~ arc Lhal Borrower: (a) pays Lender all som. which then would be due under thi.~ Sei:urily lristmmcm and the Note a~ if no acceleration had oc~urn:d; (h) cures any default of any mhcr covcnanL\ or ogrccmcn1s: (c) pays all expenses incurred in enforcing 111is Security lnslr\lmen1, including, hu1 not limited LO, rea.~onable attorneys· fees. property in~pection and valuation fee.~. antl mher fel:s incurred for the purpose of pro1ecting Lender's imercs1 in 1he Propcny and rights under this Sccuri1y [11s1rumem: and (d) take.\ such achon as Lender may rea.';()flahly require to a.~surc that Lender's interest in 1hc Property and rigl11s under thi.~ Security ln.mumcn1. and Borrower's ohliga1ion 10 pay ttie sums secured by 1his Securl1y Jns1rument. shall continue unchanged. Lender may require th.tl Borrower pay such reinsl.illemcml sums and expenses in one or more of the following forms. as selected by Lender: {a) cash; (b) moDCy order; (c) certified check. bank check. trea<rurer's check or ca.~hier's check. provided any such check is drawn upon an ius1itu1ion whose deposiL\ are insured by a federal agency, insuumentality or cnti1y; or (ti) Electronic Funds Transfer. Upon remsta1cmc111 by Borrower, this Securi1y lnstrumen1 and obligation~ .,;ccured hereby .~hall rcmilin fully effective a.\ if no acceleration had occurred. lfawever. lhis right to reinsiate shall IIOI apply in Lhc ca~e of acceleration under Section 18. 20. Sale or Note; c•anee or Loan Sen1cer; Nolke of Grievance. The Nme or a partial interest in the Nu1e (together wi1h thi.~ Security lns1rume111) c:in be sold one or more 1imes without prior notice to Bumiwer. A sale migh1 r~ult in a change m 1he entity (known a.~ 1he "Loan Servicer") that collect~ Periodic Payment\ due under the NO(e and Lhis Security lnslnlment and perform~ other mortgage loa:n servicing obligation.~ under the Note, this Security Instrumenl, and Appticablc Law. There also migh1 be one or more changes of the Loan Servicer unrela1ed to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will sialC the name and addre.<t~ of 1he new Loan Servicer, 111e addrcs.~ lO which payment~ should be made and any other informal.ion RESPA requires in connec1ion with a no1ice of tr,msfer of servicing. (f the Nole is sold and thercafta the LoM is .~erviced by a Loan Servicer other than the purcha~er of the Note. the mortgage loan servicing obligations lo Borrower will remain with the Loan Servicer or be trru,sfcrred to a succe.~~or Loan Servicer and arc nol a~sumcd by the Nole purcha.~er unless otlterwisc provided by the Note purchaser. Neither Borrower nor Lender may Ct)mmence, join, or be joined Lo any jl1<licial action (a.~ c:ilhcr an individ11al li1igan1 or the: member of a cla~s) that arises fmm the other party·~ actions pursuant to lhis Security lnstrumenl or lhal alleges that the other party ha.\ breached any provision of, or any duly owed by rea~on of, this Sccuri1y lnstrumcm, until 5uch Borrower or Lender ha.~ nmified the other pany (with ~'llch notice given in rompli::incc with 1hc rcquiremenL~ of Section 15) of such alleged breach and afforded the mher pany hereto a re;L-.onable period after the giving of such nmice 10 1.ake correc1ive ac1ion. If Applicable: Law provides a time period which must elapse before cerlain action can he taken, that time period will be deemed 10 be rea.~onablc for purposes of this pamgmph. 1be notice of acceleration and opponunity lo cure given to Borrower pursuant 10 Seclion 22 and the notice of acceleration given to Borrower pursuant to Scclion 18 .~hall be deemed to sati.~fy the notice anti opportunily to take corrective action provisions of this Section 20. ll. Hazardous Substances. As u'>Cd in this Section 21: (a) ~Hazardous Substance.~· :ire tho.~e .~ubstances defined a.s mxic or hazardous suhsiances, pollutants, or wastes by Environmental Law and the following suh~tanccs: ga.~oline, kcrmenc, mhcr nammahlc or 1oxic petroleum pmdm:t~, toxic pc.~ticides a11d hcrhicidcs. volaiile solvems, materials containing a.'ibestos or fonnaldchyde, and mdiuactive materials; {b) "Cnvironmcnlal L.1w" mca11.~ federal laws and law.~ of the jurisdic1ion where 1he Property is localed lhat relalC 10 health, .~afety or environme111.al protection; (c) "Environmental Cle311up" include.\ any respon.,;e action, remedial action. or removal action, as defined in E.11\'ironmental Law; and (d) an "Environmental Condition" means a condition that can cause, con1ribu1c to, or otherwise trigger an Environmental Cleanup. Borrower shall nm cause or permi1 the presence, use, disposal, storage, or relca.<;e of any Hal.ardous Subs1anccs, or thrcatcfl to release any Hazardous Substances, on or in 1he Property. Borrower shall not du, nor nllow anyone else to do, anything aff<X"ting !he Property (a) tllal is in violation of any Environmenlal Law, (b) which crcales an Environmental Condition, or (c) which, doc to the presence, use, or relca.~c of a Hazardous Substance, creates a <..1.mdition tha1 adver!rely affccL~ Lhc value of the Property. The ptt:ccding two sentence~ shall nm apply to the presence, use, or s1orage on the Property of small 4uan1i1ies or Ha,,..ardous Suh.~tances 1h,1t are generally recognil..cd 10 be appropriate lO nonnal re.~idential uses and to maintenance of the Pmperty (including, but not limited lo, ha1..ardou.s substances in consumer producls). Borrower shall promp11y gi~ Lender written notice of (a) any investiga1ion, claim, demand, lawsuit or 01hcr action by a,iy governmental or regulatory agency or private party involving the Property and any Ha1.ardous Sub:.Lancc or Environmefllnl Law of which Borrower ha.~ actual knowledge, (b) any Eewironmcntal WASHINGTON-·Sir>gle Family--F•nnl~ Mae/Freddie Mac: UNIFORM INSTRUMENT (MERSJ MEAS Deed of Trvs1-WA 2006A·WA (06111) Page9o111 Form 304a 1101 Description: King,NA Document -Year.Month.Day.DocID 2013.502.1548 Page: 9 of 16 Order: 001234 Comment: First American Title First American Title Condition, including bu1 nol limi1ed to, any spilling, leaking, discharge, release or thrcal of relcasc of any Hazardous Subs1ancc, and (c) any condition caused by the pre.-.ence, use or rdea~ of a Ha1.ardrn.1.~ Sub.~tancc which adversely affecL~ lhe value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority. or any private party, that any removal or other remediation of any Hazardou.~ Substance affecting llie Property is necessary, Bonower shall promptly take ull necessary remedial actions in accordance wi1h Environrnen1.al Law. Nothing herein !>hall create any obligation oTI Lender for an Environmental Cleanup. NON-UNlFORM COVENANTS. Borrower and Lender furtller covenan1 and agr~ a.~ follows: 22. Accele,.tlon; Remedies. Lender 1hll KWe aotice to Borrower prior to accelenitlon foUowh1g Borrower•, breach of any coveo1111t or .agree meat In this Security Instrument (but not prior to acceleratfon under Section 16 unlns AppUcable Law provide, otllerwise), The aotlce sbaU specify: (a) the default; (b) tbe action required to cure the default; (c) a dal~ nol less than JO day, from tlae date the ooUce 11 glvea to Borrower, by which the default must be cured; Hd (d) that fallure to cure the default 011 nr before the date specified In the notice may res uh ln aculeratloa of the sums setured by thl! Stturlty Instrument and sale of 1he Property at publlc auction at a date not less than 120 days h1 tbe future. The notke shall further Inform Borrower of the right to reinstate after acceleration, the right to bring a oourt action to assert the non-edstence of a default or any other defense of Borrower to acteleratlon and sale. and any other matters required lo be lndnded In the notice by Applicable Law. If the default Is not cured on or before the dale specified in the notice, Lender at Its option, may rtt1ulre Immediate payment In full of all sums setured by thil Senrity Instrument without further demand and may ln,·oke lhe power of sale and/or any other relllt'dles permitted by Applicable Law. Lender shalJ be endtled to collect all ei:peoses Incurred In ponalng: the remedies provided in thb Section 22., lncludlng, bul nol limited to, reasoaable attorneys' fees and cost!i of title evidence. If Lender invokes tbe power of sale, Lender shall give wrinen notice to Trustee of the occurrence or an eve11t of default and of Lender's election to cause tbe Property to be sold. Tnutee a11d Lt'ndu shall take sucll action regarding notice of sale and shaU give such notices to Borrower and lo other persons u Applicable Law may require. After the time rcq•lred by Applk:able Law and after publlcatfoo of the notice of sale, TTUslee, witho•l demand on Borrower, shall sell the Pruperty at publlt auction to the hJghest bidder at the time and place a.ad ooder the tcrlDll designated lo the notice of sale In one or more parcels and ln any order Trostre delermlnes. Trustee may postpone sale of the Property for a period or periods permitted by Appllcable Law by puhUt aa11ountement at the time and plate find In the 11otlce of sale. Lender or lb detlgnee may purchase the Property at any sale. Trustee shall deliver to the purchaser Tru5tec's deed conveying the Property without any wvenant or warranty, ei:pressed or lmplled. TIie redtals in the Trostre's deed shall be prlma facle evidence ortbe trulh of the statemeals made therein. Trustee shall apply lbe proceeds of the sale la lbe followlag order: (a) to all es.pen1es or the sale,. locludlng, but not lltulted to, reasonable Trustee's and attorneys' fees; (b) to all sum, secured by this Security lostrument; and (c) any e1ccss lo t•e person or person! legally entitled to it or to the clerk or the superior eourt of the connty In wbkb the sale look place. 13. Reco11nya.ace. Upon paymcnL of all sums scCtJrcd by this Security Jnstrumeni. Lender shttfl rcques1 Trustee 10 rcconvey 1he Property and shall .~urrcnder 1his Security lnslJllment and all notes evidencing debt secured by thi.'i Sccuri1y ln.~1nimen1 10 Trus1ee. Trustee shall reconvcy the Propeny wi1hou1 warranty to the person or persons legally entitled to it Such person or person.~ shall pay any recorda1ion cosL~ and lhe TrusLce's fee for preparing the reconveyance. 2:4. Substlt:ute Tru1tee. In accordance willl Applic.ible Law, Lemler may from lime LO Lime appoim a successor lruMcc 10 any Truslec appoinlcd hereunder w~ ha,; ceased to acl. Withou1 conveyance of lhc Property, Lhe successor trustee shall succeed lO all lhe tille, power and duties conferred upon TnisLee herein and by Applicable Law. 25. Use of Property, The Propeny is not used principally for agricultural purposes. 26. Attoroeys' Fees. Lender shall be entiiled 10 recover iL~ reasonable auomeys' fees and cost<;. in any action or proceeding 10 construe or enforce any 1enn of 1his Securi1y lnsLrument. The 1enn Hattomey.~' fees," whenever used in lhi!i= Security Tnstrumenl, shall include wilhout limiL.11ion attorney.~' fees incurred by Letidcr in any bankrup1cy proceeding or on appeal. WASHINGTON-•Slngle Fam;t~··Farmle Mae/Freddie Mac UNIFORM INSTRUMENT (MERS) MERS Oeed of T rus1· WA 200£A-WA (06111) Pagt,10of11 Form 30481101 Description: King,WA Document -Year.Month.Day.DocID 2013.502.1548 Page: 10 of 16 Order: 001234 Comment: First American Title First American Title ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASITINGTON LAW. BY SIGNING BELOW, Borrower accepL~ and agrees to the 1enm and covenant~ contained in thi.~ Sccuricy JnsLrument and in any Rider excc111cd by Borrower ;md recorded with ii. ~,~v~~~~T~I~B4~~~&G~Q~~r~s~r~~~,.;i...,.b~~~<#Z17'~~~~~,_ _____ ~B-~~:~ c--'__..d!4-'=-=c----'----=~~=-------~~1Scal) STEVEN A. BERGQUIST •Borrower ______________________ (Seal) -Borrower ______________________ (Seal) • Borrower State of Wa!!hinp1011 County ur K1t...\.G, ss. On this day J)l!t.~on:illy appc:tmd hcfurc me to me known to N! lh<:: lndi,•idual. or$idi~lc~crihct1 in aml wh1, C~CCuh::d the within and foregoing ir1stnnncnt, ,1ml acknnwk.'tlg~-d that h,:, (~he or (§'p>signcd the same as hi!! {h(;r or ~rQ.': and vohm1ary ar1 and r.lccd. for the a'>CS and purposes the.rein mcrlti()ni!U. Gm::rt umlcr my hand arld official ~al this Z day of MA~ , 20 ~- rSeal or sl.3mf BLANCA LILIA MEZA Notary Public Slate o:f Washington 'M~ commission Explre1 January 06. 2016 WASHINGTON--Srngle Famijy··F.11nnle Mae/Freddte MK UNIFORM INSTRUMENT (MERSt MER$ Ceed of Trust-WA 20D5A·WA (06111) Page 11 of 11 Form 30481/01 Description: King,WA Document -Year.Month.Day.DocID 2013.502.1548 Page: 11 of 16 Order: 001234 Cormnent: First American Title · Ffrst American Title DOC ID j: 00024666352205013 LEGAL DESCRIPTION EXHIBIT A LOT 2, KING COUNTY SHORT Pl.AT NUMBER 280031, RECORDED UNDER RECORDING NUMBER 8008040570, IN KING COUNTY, WASHINGTON, BEING A PORTION OF: THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAME"ITE MERIDIAN, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS. EGRESS AND UTILITlES .0Vc";R THE WEST 30 FEET OF LOT l OF' SAID SHORT PLAT·. Legal Description Exhibil A 2C404-XX (07/10)(d/i) Page1of1 l~I il~llllll~ll l~lllli I~ I '2-4666J5220000D2C404" Description: King,WA Document -Year.Month.Day.DocID 2013.502.1548 Page: 12 of 16 Order: 001234 Comment: First American Title · First American Title FIXED/ ADJUSTABLE RA TE RIDER LIBOR nv .. :LVE MONTH INDEX. RATE CAPS 1360757 [£scrow/Closing fl 00024666352205013 [Doc ID tJ Tl-US FIXED/ADJlJSTABLE RATE RIDER is made this FIRST d;iy of MAY, 2013 , and is incorporated into and shall be deemed lo amend and supplcmcnl the Mmt.i;agc, Deed of Trust, o, Scc11ri1y Deed (1he "Security [nsuumcm") of Lhe same dale !liven by the undersigned ("Borrower") rn secure Borrower\ Fixed/Adjustable Rate No!c (!he "Nute'') 10 BANK OF AMERICA, N.A. CL.cndcr''J of the same d:uc and covering the property described in the Security Instrument am.I loc:alcd at: 5007 SE 2ND PL RENTON, WA 98059-4960 !Property Address] THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addiLion 10 the covenants and agreemcnL~ made in the Se<:urity Instrument. Borrower a11d Lender further covenant and agr<:e a~ follows: A. ADJUSTABI.E RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fo:ed interest rate of 3. 625 %. The NOie alro provide.~ for change in the initial fixed rate to an adju.~table imercsl raic. a~ follows: 4. ADJUSTABI.E INTEREST RATE AND MONTHI.Y PA YMF,NT CHANGF..S (A} Change Dutes The ini1ial ti,:ed imcrcsl rate 1 will pay will {'hange to an adjus\able inLcrest rate on the first day of JUNE, 2 O 2 3 , and the adjustahlc interest rate l will pay may change on that day every 12th month thcrcartcr. The da1e on which my initial fixed interest rate changes 10 an adjuslable intcrcsL rate. and each date on which my adjusrnbJe imereSI r.Jte could change, i.~ called a "Change Date." ARM Fixed Period LIBOR Rider 2U652·XX (07/10)(dli) 11m1~~1 '23991' Page 1 of 4 11~1111~111~1111111~11~1 "24666J522000002Ue52• Description: King,NA Document -Year.Month.Day.DocID 2013.502.1548 Page: 13 0£ 16 Order: 001234 Comment: First American Title · First American Title DOC ID I, 00024666352205013 (B) The Index Begirming with the firsl Change Dale, my adjustable interest rate will be basetl on an lndell. The "Index' i.~ Liu:: average of lnlcrbank offered roles for twelve momh U.S. dollar-denominated tlcposiL~ in ttic London market, as published in 1he The Wall S1reer Journal. The mosl recenl Int.lex figure 1:1vailable as of \he date 45 i.lays before each change dale is called the "Current lndcit''. If the Index is no I011gtr available, the Nmc Holder will choose a new index th.al is based upon (:omparable infonna1ion. Tile Note Holder will give me notice of this choice. (C) C11lcul11.tion or Changes Before each Change Date, lhc Nulc Holder will calculate my new inicre,<;t rate hy adding TWO !. SE::VEN-E:IGHTHS percentage points ( 2. 875 %) 10 I.he Currcm Index. The Note Holder will then rou111J tllc result of lhis addicion to 1he neares1 oDC-eighth or one percen1a,gc pomt (0.125%). Subject to the limits slated in Scc110n 4(D) below. this roumkd arnounl will be my new in1crc.,;1 r.iLc umiJ 1he ncx1 Change Dale. The Note Holder will then deccnnine the amount of the monthly payment that would bc sufficK:nl tu repay LJlc unpaid princif)al tllat I am expected IO owe al the Change Dale in full on the Maturiiy Date .at my new in1ercs1 rate in subswntially equal paymenL~. The result of 1his talculation will be the new amoonl of my monthly payment. (DJ Limil~ on lnlcrcsl Rat(' Changes The interest rate I am required 10 pay at the first Change Date will not be greater Lhan 8 . 6 2 5 % or le.~s than 2 . 8 7 5 %. Thereafter, my adjustable in1erest rate will never be increased or decrca~cd on any single Change Date by more than two percentage points from the rate or interest I have been paying for the preceding 12 months. My lntere.'>t ra1e will never be greater than 8. 625 %. (E) Effcclive Dale uf Changes My new imcrest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the firs1 monthly payment date after the Change Date until Ille amount of my monthly payment ch:rnges again. (.I"") Notice or Changes The Note Holder will deliver or mail LO me a notice of any changes in my initial lixed imcrcsl rule 10 an adjus!ablc interest rate and ol any ch:lllges in my adjwmible imerci;L rate before the cffe<.:1ivc date of any change. The no1icc will include the amount of my monthly paymcnl, ;my infonnation required by law to he .i;;iven to me and also the title and 1clephone ru1mbcr or a person who will ait~wer any question I mllY have regarding 1hc notice. H. THANS1''EH oa,· TH~ PROPERTY OR A BENEFICIAL INTERE .. 'ff IN BORROWER 1. Until Borrower's inihal fiJt.cd interc:<.t rate change.~ 10 an adjustable interest rate under the terms slated in Section A above, Uniform Covenant 18 of the Security Instrument sllall read a~ follows: Trnnsrer or the Properly ur a RerK!ficial lnlcresl in Homtwcr. As used in this Sec-tion 18, "lntcrcsl in the Properly" means any legal or bcnef.cial interest in tile Property, including, bu1 not limiLCd 10. 1hosc beneficial interesL~ lramfcrrcd in a hond for deed, conl13ct for deed, ins1allmcnt . ..ales contracl or escrow agreement, the iment of which is the transfer of title by Borrower at a fulun:.daLC Lo a purcha,;er. If all or a11y part of lhe Property or any Interest in the Property is sold or tra11sfcrrcd (or if Borrower is noL a natural person and a beneficial intere.~t in Borrower is sold or transferred) wilhou1 Lender's prior writlCll consent, U:rxler may require immediate payment in full of all sum.~ secured by this Security Instrument. However, this op(ion shall noc be exercised by Lender if such exercise is prohibilcll by Applicable Low. ARM Fixed Period LIBOR Rider 2U652-XX (07/10) Page 2 ol 4 Description: King, JiiA Document -Year.Honth . .Oay . .OocI.O 2013.502.1548 Page: 14 of 16 Order: 001234 Comment: First American Title · First American Title DOC ID I: 00024656352205013 lf Lender exercise.'> this op1ion, Lender shall give Borrower noLice of acceleration. The notice .~hall provide a period of not less than 30 days from the dale 1hc nmice i:i. given in accordance with Scc1ion 15 within which Borrower must pay al! sums secured by 1his Security lnsLrumenl. lf Borrower fails lo pay Lhesc sums prior to the expiration of this period, Lender may invoke any remedies permilled by this Security ln.~trumc:nl without forthcr notice or demand on Borrower. 2. When Borrower's milial lixed interest rate changes to a11 adju~lablc interest raic under the tcnns staled in Section A above, Unifurm Covenant 18 or lite Security Instrument de.~ribed in Scc1ion BI above shall 1hcn r.:ea.~e to bt in effecl, and the provis10n\ of Uniform Covenant 18 of the Security hiswmcm shall be amended to read a~ follows: Tnmsrer or the Properly or ,1 Beneficial Interest in Horrnwer. As u.~d in 1his Section l 8. "lmcre.~1 in !he Property"' means any legal or beneficial interest in the Propeny, inclutling, bu1 not limited lo, those beneficial interests Lmn~ferrcd in a bond for deed, con11ac1 for dctd, ins1allrncn1 sales contrnct or escrow agreement, the inlcnt of which is the l!amfer of 1i1Jc by Borrower a1 a fu1ure da1e to a purchaser. If all or any part of lhe Prope11y or any lntcresl in 1hc Property is sold or tran~fcrrcd (or if Borrower is n01 a muural pen.on and a beneficial inten::st in Borrower is sold or uansfcrred) without Lender's prior wriucn consent, Lender may require immediate paymenl in full of all sums secured by this Se.curity Tn.mumcnl. However, this option shall not be exercised by Lender if such cxerci.~e is prohibited by Applicable Law. Lender aho shall noc exercise this option if: (a) Bonuwer causes to be submiued Lo Lender infonna1K>n required by Lender to evaluate the intended transferee as if a new lo:m were being made to the transferee; and (h) Lender reasonahly dctcnnines th.it Lender's security will not be impaired by lhe loan assumption and 1hat the risk of a breach of any rnvc11am or agreemc:nt in thi.~ Secunty Instrument is acceptable to Lender. To 1he extent pcnni1ced by Applicable Law, Lender may charge a rea.~011ablc fee a:<: a condition to U11dcr's consent lo the loan a~sumption. Lender also may requite the transferee to sign an a.~sump1ion agreement 1ha1 is ac~cptablc lo Lemler and lhal obligate~ ihc transferee to keep all the promises :md agrcemcot~ made in the Note and in 1his Securi1y lnslfl.lmcnt. Borrower will continue IO be obligated under lhe Note and this Security Jnstrumcnl unles'! Ltnder relea-.e.~ Borrower in writing. ARM Fixed Period LIBOR Aider 2US52·XX (07/10) Page3of4 Description: King,WA Document -Year.Month.Day.DocID 2013.502.1548 Page: 15 of 16 Order: 001234 comment: First American Title . · First American Title DOC ID I: 00024666352205013 If Lcmk:r exercise:<. r.he optio11 to require immediate paymenl ill full, Lender shall give Borrower notice of acccleta1ion. The notice shall provide a period of not les.'i than 30 day.~ from lhe date 1hc notice is given in accortlancc with Section 15 within which Borrower m\lsl p.iy all sums secured by this Security Instrumcnl. If Borrower fails 10 pay these sums prior LO 1he C:(piration of this period, Lender may invoke nny remedies permitted by this Security lnslf\Jmcnt without funhcr notice or demand on Borrower. BY SJGNING BELOW, Borrower acccpL~ and agrees to the tenns and covemml~ contained in 1his Fixetl/Adju~Lable Rale Rider. -~=----=..,C~--------------(Se,,1) STEVEN A. BERGQUIST -Borrower ------------------------(Seal) • Borrower --------------------------tScaJ) -Borrower ARM fixed Period LIBOR Rider 2U652-XX (07/10) Page 4 of 4 Description: .King,NA Document -Year.Month.Day.DocID 2013.502.1548 Page: 16 of 16 Order: 001234 Comment: First American Title First American Title 6. Exception_08_2003110 601 Recording requested by and when recorded return to· 1,11,111111111 PACIFIC NW n1cf3001601 WASHINGTON MUTUAL BANK CONSUMER LOAN RECORDS CENTER 1170 SILBER RD HOUSTON, TX 77055 ATTN: MAILSTOP: CLRVLTTX PAGE 011 OF 011& 2S. 01 11/03/2e83 tS·2Z K~~G-~~TY, LIA II Washington Mutual EQUITY LINE OF CREDIT DEED OF TRUST 0626292635 THJS DEED OF TRUST (Security Instrument) 1s between RICHARD E. STUTH, AS HIS SEPARATE ESTATE, I ffi I /1J/¥ I /'If Pf.ff/ f<IIf I fflf1fW I /II· /J~,/""""1 whose address 1s PNWT 552..442-5 14113 SE 136TH ST RENTON, WA 98059 ("Grantor"), PAC IFIC NORTHWEST TITLE a WASHINGTON corporation, the address of which 1s 215 COLUMBIA STREET SEATTLE,··wA 98104 ("Trustee"). and "Washington Mutual Bank, which~ is organized and existing under the laws of Washington State, and whose address is 1201 Third Avenue, Seattle, Washington 98101 {"Beneficiary"} and its successors or assigns.n l Granting Clause Grantor hereby grants, bargains, sells and conveys to Trustee m trust, with power of sale, the real property in KING County, Washington, described below and all rights and interest 1n 1t Grantor ever gets THE SOUTH HALF OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M, IN KING COUNTY, WASHINGTON, EXCEPT THE EAST 20 FEET AND THE WEST 20 FEET FOR ROADS Tax Parcel Number 152305-9016-04 3254 !08127/03) W4 3 BANK Description: King,WA Docwnent -Year.Hcmth.Day.DocID 2003.1103.1601 Page: 1 of 6 Order: 001 comment: First American Title Page 1 of 6 · First American Title 0626292635 together with all insurance proceeds and condemnatron proceeds related to it; income, rents and profits from rt, all plumbing, lighting, air cond1t1on1ng and heating apparatus and equipment, and all fencing, blinds, drapes, floor coverings, built-in apphances and other fixtures at any time installed on or m or used m connection with such real property. All of the property described above 1s called the "Property" If any of the Property 1s personal property, this Deed of Trust IS also a Secunty Agreement which grants Benehc1ary, as secured party, a security mterest m all such property Despite any other prov1s1on of this Deed of Trust, however, Benef1c1ary ts not granted and will not have a nonpurchase money security interest m household goods, to the extent such security interest would be proh1b1ted by apphcable Jaw As used herem "State" shall refer to the State of Washington 2 Obhgation Secured. This Deed of Trust 1s given to secure performance of each promise of Grantor contained herein and in a Home Equity Lme of Credit Agreement wrth Benef1c1ary with a maximum credit limit of $250, ooo. 00 (the "Credit Agreement"). including any extensions, renewals or mod1f1cat1ons thereof, and repayment of a!I sums borrowed by Grantor under the Credit Agreement with interest from the date of each advance untd paid at the rates provided therein The Credit Agreement provides for a variable rate of interest. Under the Credit Agreement, the Granter may borrow, repay and re-borrow from time to time, up to the maximum credrt hm1t stated above, and all such advances shall be secured by the lien of this Deed of Trust This Deed of Trust also secures payment of certain fees and charges payable by Grantor under the Credit Agreement, certain fees and costs of Beneficiary as provrded m Section 9 of this Deed of Trust and repayment of money advanced by Beneficiary to protect the Property or Benef1c1ary's rnterest m the Property, including advances made pursuant to Section 6 below The Credit Agreement provides that unless sooner repaid, the Debt 1s due and payable in full thirty (30) years from the date of this Deed of Trust {the "Maturity Date"). All amounts due under the Credit Agreement and thrs Deed of Trust are called the "Debt" 3 Representations of Grantor Grantor represents that (a) Grantor 1s the owner of the Property which 1s unencumbered except by easements, reservations, and restrictions of record not inconsistent wnh the intended use of the Property and any existing first mortgage or deed of trust given 1n good faith and for value, the exrstence of which has been disclosed 1n wntmg to Benef1c1ary, and (b) The Property 1s not presently and will not dunng the term of this Deed of Trust be used for any agricultural purposes 4 Promises of Granter Granter prom1ses. (a) To keep the Property m good repair and not to remove, alter or demolish any ot the improvements on the Property without first obtaming Benef1c1ary's written consent, {bl To allow representatives ot Benef1c1ary to inspect the Property at any reasonable hour and to comply with all laws, ordinances, regulations, covenants, cond1t1ons and restrictions affectmg the Property, (cl To pay on time all lawful taxes and assessments on the Property, {d) To perform on time all terms, covenants and conditions of any prior mortgage or deed of trust covering the Property or any part of 1t and pay all amounts due and owing thereunder 1n a timely manner, (e} To see to 1t that this Deed of Trust remains a valid lien on the Property superior to all liens except those described in Section 3{a) and to keep the Property free of all encumbrances which may 1mpa1r Benef1c1ary's security. It is agreed that 1f anyone asserts the pnonty of any encumbrance other than those described m Section 3(a) over this Deed of Trust in any pleading fifed 3254 (08127103) W4 3 BANK Description; King,WA Document -Year.Honth.Day.DocID 2003.1103.1601 Page: 2 of 6 Order: 001 Comment: First American Title Page 2 of 6 · First American Title • 0626292635 tn any action, the assertion alone shall be deemed to impair the l1en of this Deed of Trust for purposes ot this Section 4(e); (f) To keep the improvements on the Property insured by a company satisfactory to Benef1c1ary against fire and extended coverage perrls, and against such other nsks as Beneficiary may reasonably require, in an amount equal to the fulJ insurable value of the improvements and to deliver evidence of such insurance coverage to Benef1cJary Benef1c1ary shall be named as the loss payee on all such pohc1es pursuant to a standard lender's loss payable clause The amount colJected under any msurance policy may be applied upon any indebtedness hereby secured in the same manner as payments under the Note or, at Benef1c1ary's sole option, released to Grantor In the event of foreclosure or sale of the Property pursuant to the Trustee's power of sale, all rights of the Granter m msurance poJ1c1es then m force shall pass to the purchaser at the Shenft's or Trustee's sale, (g) To sign all fmanc1ng statements and other documents that Benet,c,ary may request from time to time to perfect, protect and contmue Benef1c1ary's security interest m the Property Granter irrevocably appornts Benef1c1ary as Grantor's attorney-in-fact to execute, file and record any financing statements or s1m1lar documents 1n Grantor's name and to execute a!I documents necessary to transfer title 1f there 1s a default, and {h} To advise Benef1c1ary 1mmed1ately rn wrrtmg of any change m Grantor's name, address or employment. 5 Sale, Transfer or Further Encumbrance of Property Loan is personal to Granter and the entire Debt shall become 1mmed,ately due and payable m full upon sale or other transfer of the Property or any interest therein by Grantor by contract of sale or otherwise mc!udmg, without hm1t, any further encumbrance of the Property 6 Curing of Defaults If Grantor fails to comply with any of the covenants m Section 4, 1ncfudrng all the terms of any pnor mortgage or deed of trust, Benef1c1ary may take any action required to comply with any such covenants without wa1vtng any other nght or remedy 1t may have for Grantor's failure to comply. Repayment to Beneficiary of all the money spent by Benef1c1ary on behalf of Granter shall be secured by this Deed of Trust At Benef1crary's option, advance may be made agamst the Credit Agreement to pay amounts due hereunder Such shall not relieve Granter from l1ab1l1ty for failure to fulfill the covenants 1n Section 4 The amount spent shall bear interest at the rates from time to time applicable under the Credit Agreement and be repayable by Grantor on demand Although Benef1c1ary may take action under this paragraph, Beneficiary 1s not obhgated to do so 7 Remedies For Default (a) Prompt performance under this Deed of Trust 1s essential If Granter does not pay any rnstal/ment of the Debt or other amount due hereunder on time, any other event occurs that entitles Benetocoary to declare the unpaid balance of the Debt due and payable ,n full under the Credit Agreement, 1f Granter fails to comply with any other term, cond1t1on, obhgat1on or covenant contarned m the Credit Agreement or this Deed of Trust or any nder thereto, any other deed of trust, mortgage, trust indenture or security agreement or other rnstrument having pnonty over this Deed of Trust or 1f any representation of Granter herein was false or misleading, the Debt and any other money whose repayment 1s secured by this Deed of Trust shall 1mmed1ately become due and payable in full, at the option of Benef1c1ary, and the total amount owed by Granter shall thereafter bear interest at the rate(s) stated m the Credit Agreement Benef1c1ary may then or thereafter advise Trustee of the default and of Benef1c1ary's election to have the Property sold pursuant to Trustee's power of sale in accordance with apphcable law and deliver to Trustee any documentat,on as may be required by law After giving any notices and the time required by applicable law, 3254 (08/27 /03) W4 3 BllllK Page 3 of 6 Description: King,NA Document -Year.Montb.Day.DocID 2003.1103.1601 Page: 3 of 6 Order: 001 Comment: First American Title · Fi,rst American Title • 0626292635 Trustee shall sell the Property, either 1n whole or in separate parcels or other part and 1n such order as Trustee may choose, at public auction to the highest bidder for cash m lawful money ot the United States which will be payable at the time of sale, all 1n accordance with applicable law Anything in the preceding sentence to the contrary notw1thstand1ng, Benef1c1ary may apply the Debt towards any bid at any such sale Trustee may postpone any such sale by prov1dmg such notice as may be required by law Unless proh1b1ted by law, any person, 1ncludmg the Granter, Benef1c1ary or Trustee, may purchase at any such sale Trustee shall apply the proceeds of the sale as folJows {I) to the expenses of the sa,e, mclud1ng a reasonable trustee's fee and lawyer's fee, (11) to the oblrgat1ons secured by this Deed of Trust, and (111) the surplus, 1f any, shall go to the person(s) legally entitled thereto or, at Trustee's d1scret1on, to the government or other off1c1al authonzed by State law to accept such amounts (b) Trustee shall deliver to the purchaser at the sale its deed, Wjthout warranty, which shall convey to the purchaser the interest in the Property whrch Grantor had or had the power to convey at the time of execution of this Deed of Trust and any interest which Granter subsequently acquired. The Trustee's deed shall recite the facts showing that the sale was conducted m compliance with all the requirements of law and of this Deed of Trust This recital shall be prrma fac1e evidence of such compliance and conclusive evidence of such complrance 1n favor of bona fide purchasers and encumbrancers for value. {c) To the extent permitted by law the power of sale conferred by this Deed of Trust 1s not an exclusive remedy Beneficiary may cause this Deed of Trust to be JUd1c1ally foreclosed or sue on the Credit Agreement or take any other action available m equity or at law In connection with any portion of the Property which 1s personal property, Beneficiary shall further be entitled to exercise the rights of a secured party under the Uniform Commercial Code as then in effect 1n the State of Washington {d) By accepting payment of any sum secured by this Deed of Trust after its due date, Benefrcrary does not warve its nght to requne prompt payment when due of all other sums so secured or to declare default for failure to so pay 8 Condemnation; Eminent Domain In the event any portion of the Property rs taken or damaged 1n an eminent domain proceeding, the entire amount of the award, or such portion as may be necessary to fully satisfy the obhgat1on secured by this Deed of Trust, shall be pa1d to Benef1c1ary to be applied to the obhgation m the same manner as payments under the Credit Agreement 9 Fees and Costs Granter shall pay Benef1c1ary's and Trustee's reasonable costs of searchmg records, other reasonable expenses as allowed by law and reasonable attorney's fees m any lawsuit or other proceeding to foreclose this Deed of Trust, m any lawsuit or proceeding which Benef1c1ary or Trustee prosecutes or defends to protect the hen of this Deed of Trust, m any other action taken by Benef1c1ary to collect the Debt, mcludmg without l1m1tation any d1spos1t1on of the Property under the State Uniform Commercial Code, and any action taken in bankruptcy proceedings as well as any appellate proceedings 10 Reconveyance. Trustee shall reconvey the Property to the person entitled thereto on written request of Benef1c1ary or following sat1sfact1on of the obhgat1ons secured hereby and Benef1c1ary and Trustee shall be entitled to charge Granter a reconveyance fee together wrth fees for the recordat1on of the reconveyance documents, unless proh1b1ted by !aw. 11 Trustee; Successor Trustee Benef1c1ary may, unless prohibited by law, appoint a successor Trustee from time to time m the manner prov1ded by law The successor Trustee shall be vested with all powers of the ongmal Trustee The Trustee 1s not obligated to notify any party 3254 (08/27!031 W4 3 Page 4 of 6 Description: King.WA Document -Year.Honth.Day.DocID 2003.1103.1601 Page: 4 oE 6 Order: 001 Comment: First American Title First American Title • 0626292635 hereto of a pending sale under any other deed of trust or of any action or proceeding m which Grantor, Trustee or Beneficiary shall be a party unless such action or proceedmg 1s brought by the Trustee 12 Savings Clause. If a law which applies to this Deed of Trust or the Credit Agreement and which sets maximum loan charges 1s finally interpreted by a court having Junsd1ct1on so that the interest or other loan charges collected or to be collected in connection with this Deed of Trust or the Credit Agreement exceed the permitted l1m1ts, then (1) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted hm1t; and ht) any sums already collected from Granter which exceeded permitted [1mrts w1U be refunded to Grantor Benef1c1ary may choose to make this refund by reducing the prmc1pal owed or by making a direct payment If a refund reduces the principal, the reduction will be treated as a partial prepayment 13 Miscellaneous This Deed of Trust shall benefit and obligate the heirs, devrsees, legatees, administrators, executors, successors and assigns of the parties hereto The term "Benef1c1ary" shall mean the holder and owner of the Credit Agreement secured by this Deed of Trust, whether or not that person ts named as Benef1c1ary herein The words used m this Deed of Trust referring to one person shall be read to refer to more than one person 1f two or more have signed this Deed of Trust or become responsible for doing the thmgs this Deed of Trust requires This Deed of Trust shall be governed by and construed in accordance wrth federal law and, to the extent federal law does not apply, the laws of the State of Washington If any prov1s1on of this Deed of Trust 1s determined to be invalid under law, the remaining provisions of this Deed of Trust shall nonetheless remain in full force and effect 14 Beneficiary and Similar Statements Benef1c1ary may collect a fee m the maximum amount allowed by law for furnishing any beneficiary statement, payoff demand statement or s1m1lar statement By signing berow, Granter accepts and agrees to the prov1srons of thrs Deed of Trust and any rrder(s) executed by Granter concurrently therewith th,s ___ Z~~ff---day ot 3254 !08/27/031 W4 3 BANK Page 5 of 6 Description: King,WA Document -Year.Month.Day.DocID 2003.1103.1601 Page: 5 of 6 Order: 001 Comment: First American Title · Fi°rst American Title 0626292635 STATE OF WASHINGTON ) I;. > ss COUNTY OF --~f':f-'.'-'l l'loc~+------I On this day personally appeared before me Kkbv~ i: ')1(.dh and , to me known to be the md1v1duals described m and who executed the w1thm and foregoing instrument and acknowledge that they signed the same as their free and voluntary act and deed, for the uses and purposes therem mentioned 2oo"j WITNESS my hand and off1c1al seal this --~'-'=?j~f_1" __ _ day of --+,~,__c..l...,_o'--'h"-'e"-'v'--- Notary F',~~d fort ------ NOlol)I Publlc State qt Washington SIMONVU My Appointment Expire, Apr 28, 2007 REQUEST FOR FULL RECONVEYANCE Do not record. To be used only when Grantor's indebtedness has been repaid and Credit Agreement cancelled. TO TRUSTEE ____________ _ The undersigned is Benef1c1ary of the w1th1n Deed of Trust, and the legal owner and holder of the Home Equity Lme of Credit Agreement secured thereby Said Deed of Trust 1s hereby surrendered to you tor reconveyance and you are requested, upon payment of all sums owing to you, to reconvey without warranty, to the person{s) entitled thereto the right, title and interest now held by you thereunder. DATED ____________ _ WASHINGTON MUTUAL BANK By~~~~~------~~~~-----~ Its------------------------- 3254 (08!271031 W4 3 Description: King,WA Document -Year.Month.Day.DocID 2003.1103.1601 Page: 6 of 6 Order: 001 Comment: First American Title Page 6 of 6 . First American Title 7. Exception_09_2005071 RETURN ADDRESS; Puget Sound B•nk 10!>00 NE 8th Str1111t. Suile 1800 Belle\llito, WA 98004 DA TE: July 12, 2005 ~586 11111111111111111 20050714002586 PACIFIC Nl,I TIT Dl H, li!II PAOje91 C6-819 07/ 4/'ZfJ05 U5:l1 KING COIJNT'f, I.IA DEED OF TRUST Reference 'It (if applicable): ------------ Grantor(s): Additioral 011 page 1. HANDLEY, CHARLES T 2. HANDLEY, BRENDAL Grantee/s) 1. Puget Sound Bank 2. Pacific Northwest Title Compa'1y, T·ustee Legal Descrip1ion: Ptn. NW 1/4 SE 114, S 15, T 23, R 5 hC\O\ '1;'9'(,-'( ~'f\\>.:iT ®1..:t 20050714002586 . .:.:. Additional on page 2 Assessor's Tax Parcel ID#; 152035-9067 THIS DEED OF TRUST is dated July 12, 2005, among CHARLES T HANDLEY and BRENDA L HANDLEY, husband and wife, whose addresf. Is 19503 SE 138TH PL. RENTON, WA 98059 {nGrantorRJ; Puget Sound Bank, whose mailing address is 10500 NE 8th Street, Suite 1800, Bellevue, WA 98004 {referred to below sometimes as "lender" and sometimes as "Beneficiary"); and Pacific Northwest Title Company, whose mailing address is 13920 SE Easlgale Way, Suite 210, Bellevue, WA 980(15 [referred to below as "Trustee"). Description: K.ing,WA Document -Year.Month.Day.DocID 2005.714.2586 Page: l of 9 Order: 001 Comment: First American Title First American Title DEED OF TRUST (Continued) 200507141)02!5~F:_i:.·i-i Page 2 CONVEYANCE AND GRANT. For valu111blo consldoratlon. Grantor convoys to Trustee In trust witli power ot sale. right of entry and possession and tor tho bonotlt of Lr:mdor 8.9 Bonerrciary. a I of C·,ntor s ·,gt-1. c I c, and r1eres1 ,r and ro ire 'ollow'19 oesc,'bed ·e11 orooerl~ togel'ler with ,1 e,; sf1g o· subsequen y e1e,;;led o• all xcd bv o rgs. ,moroveoe,1s and 'b<tures; al ea&en'erl$ rigt-LS of way. ard aopu·tena-ces: a I wat!:'I·. wate· r gh1s a11d d1tcn 11gt-1s (hclc1d rg sroc:~ h ..nil I es W tt-d tc"> 01 1··_9.ito1 • g'll!I): ard a I ot'ler rigtcs, •ovallies ard profos rela1,ng 10 r'le real properry. re: uding w 11-01..Jt J-E1a1ior a -,.,era·s, o' gas geot',ermal ;nd s "'' a• -a11e•s Uhe ~Re;:t] Property"l located in King County, State ol Washington: The West half of the Northec1;st Quarter of the Northwest Quarter of the Southeast Quarter oF Section 15, Township 23 North, Range 5 East, W.M. In King County, Washington: Less the North 170 feet of the East 170 feet: And less that portion deeded to King County under recording no. 20030905000417. {ALSO known as a portion of legal Lot Status No. L03M0026), The Real Property or its address is commonly known as 14425 136th St. SE, Renton, WA. The Real Property tax Identification number is 152035-9067 Granto· hn:!Oy assigrs as secur'\y 10 le.,der all al Granto•'s r g'lt, 1.rc. ard ·rcc·es1 h a.,e110 a I eases. Pe.,1s. a-.1::1 orof11s. of 1'1e Prooc•ly. r'lis ass·g'lfTleru is recorded r acco·darce with <iCW 6:l.OS.070; 1he I er cre11red by 1his assigr-e-i1 ,s ,-i1onded 10 be ~pec1ic, ocr'ecied ard c'ioa1e upo-i 1~e ·ecord ~go' 1'lis Deed of rrus1. Larder grarrs to G·a-ito• a lice-ise 10 co lect t'le Rens ard orofus. which I ce~se may be ·evol;ed a1 Le.,da· s ootior ard s"\al b8 al.!lo-a(ically revo~8d uoor acce eratior of a Io· oan o' r~e l.,debieor3ss. THIS DEED OF TRUST. INCL UOING THE ASSl(;NMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (Al PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF fRUST IS G!VEN AND ACCEPTED ON THE FOLLOWING rERMS: GRANTOR'S REPRESENTATIONS ANO WARRANTIES. G·a110· war1arts t'1ar: \BJ t'lis Deed o/ Tri..s, s execu1ed a1 Borrowei·s -eoues1 ard 101 at i:'1e req1.1es1 of Le1oer; <bl Gr8rlor ~as t'1e 'i, 1 oo..Yer, righr. a·o aui'lo•iW to ante· no t'1;s Deed o• Trust and 10 hypo1~ece1e 1he 0 ·opar1y; (cJ 1r.e p·ovisio.,s ot lh'e Deed ot -n.ist do .,01 con1 ict wit"I, o• ·esi.. t i"I a aetai.. r uode• any ag•ee-er1 or 011-e· rs1ru-er1 b rOhg upo"I G-a"lto• 81"0 do .,DI ·esu t •r a violat'o-. o• ary law, reg1.1!a1 o.,, cou·r decree o· o·crer apol,c8tl"e 10 Graritor: Id) Grarror I-as es1ab ·s"led Adequa1e mea,s o' oblai.,i"lg 1ro-Borrowe· or a coofnii.,g bas's r1ormat 01 aboi,1 Sorrowe• s 'i1a·cia cordi1ior; ard le) Le1de-"Ba n"ade ro reo·es8.,ratior 10 G•a1tor abou! Bo•·ower (incluo·rg whhout im1.aiio-1-ie c·ed·1wo•t'lhess o• Borrower!. GRANTOR'S WAIVERS. G·a.,to· waives al rights or del8f\Ses arisirg by reaso., at any · ore act 01" o• · a11i oet ciency' law. or a.,v ot'ler 11w w'"'c'l mav oreverl Le-.de· '·om b·rgi19 ary actio-agahs1 G•a.,10·. rcudhg a c'a·m •a, def c,cncy to ,'le exte11 Le1de· is ott-e-.... ise entitled 10 a clai-'or de.icie.,cy, oe'u·e o· a'lc· L!.'1de• s rn~mcnccme11 o• c.o-o e1 01 o' a11y 'o•ec osure act<n e !~e· judcial v or by exercise o' a oower ol sale. PAYMENT AND PERFORMANCE. E.<cept as 01,erwise orov'dad h 1~·s Deed o' T·..ist, Bo .. ower st-11·1 oav 10 Le"lder al 'rdcbtcd.,ess sec..,·ed by 1~'s Dood 01 Trus, as it beco-es OLoe. a.,d Bo·rower a.,d Grano, st'a I s1• ctlv perfo·-all 1'-e • ,esoect've obillalo.,s U"lde• tt-e Note. ti-s Deed o• ··us1, ard t'1e "lelateo Doc..-,,erls. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower a,d G•a.,tor .rgree 1r-a1 Bonower s ard C·a.,1or's fH;,ssess on and use of 1~e Prooarf)' s'l.rl be 9overned by 1he 10 1owi-.g p·ovis o.,s· P<:issession end Use. u-,1,I 1 .. e occ,.nerce o1 a., Evan! ot Deta"lt Grer10< -ay ,. 1 ·e-a r --. oossess,or and co-t·or of t'le Property; 121 use, ooera1e or -a-age r'le 0·opcrty· ar.1::1 {3) co11ec1 1~e Re"!S tro-1'1e O·ope•t)' ti:'1is o-;,.. lega s a l'ceose horn Lerda· to Grar'lO" aura-at caly •evo'<.ed upor de'au 11. Tne 1o1 owirg prov s1ors relate to t'la wse o• the 0"0pe•iy or 10 01t£,· m lDl o-s on ,'le 0·ope· iv. "'le <lea' e>•ooeny 's r'QI use<l p-re pally 'or agricurtu·e p,..,·ooses. Duty to M11int11iB. Grartor s'lal -ar1ar 1hc P1opcr1y in !81\s'lmaole cor<l1t~r a·d oro-otly pe·1orm al ·epairs. reolacements, ard rna·-1era-ce -ecessarf ,o preseue ,,s val...e. Compli11nee Wilh EnvirorTI1ental laws. Grarto< rep·ese~ts a.,d wa .. a.,ta to ler<ler 1'1a1: 1· 1 Dw• -g 1"e per od of G·a,to· s ow1ers'lio ol 1~e Prope·1y. there 'las been ro wse, gene•afo~. m,;nufactv•c. storage. t"ea1men!, d,sposa, ·e·ease or l"'eatened release 01 any Ha~ardous Si..bs1a-ice by any pc·so-. on. unde•. abour or t·om 1he o•ooen'I'· 12> G·a.,10· ~as no ~row edge o•, o· reason 10 oel ~ve 1t'a1 l~e·e has been, except as p·8v oua y d sclosed lo ard ack1owledge<l Oy Lerde• r wrii:ing, la/ r'f b·eac'l o• violation o' a-.y Erv,ronrnema Laws lh) ary use gene•a1·0·. maru'ac1u•8, etorage rrea11--e-i1. dsposa ·t'ease Of 1'1rca1eneo release o' a1v "'azin:!oLos Sutista.,ce on, unde·. abowt o• 1•0-i 11-e Prooerry tly aoy orior owrers or occupa-1s ot ,..,e P·ot1e•ty, o• 1c1 an)' ~clwa or 1'11eatered itigatior o• clai-s o• any '<.ind by ary pe•so., ·c 01 rg 10 sucn maners· and /Jl fxceot dS p·evous·y d'sclosed to anti &ck.-iowledge<:1 Oy ler<ler h writiig. (a1 .,c,1tc• Grartor ror any 1e-a-it. cort·ac10,. agent o· 01re· aut"lo· zed user of 1t'8 <>roperry shall use. 9e.,era1e. -aru'ac,ure store, creat, disoose ol o· release a·v ...,azardous Substance or. ,mder, abou1 or 1ro-r"ie Property; ard (bJ an)' s"c'l acr v·1y st-a D8 condc1c1ed in complia-ice w11'1 a!I .apo! Cllb e 1ede·al, staIB, ard oca laws. regl.lfat<ors a-ia o·d,1arces, ,.,clud rg w'1'lou1 1 mi rat 01 al E.,vi·orr--en1al l11ws. Crarto1 au1ho·'ies Ler-de· a.,d 'ts age.,rs 10 erle· uoor 11-c "''Dpe-rv 10 -eke such i1soec1iors a1d tests. at G·a11o·'s exoense, as Le-dcr -ay <lcem eopropria1e 10 derermi,e comolta'lce or ,te P·ooeny wi1'1 1hs sec, o-. ol ,'le Deed o' ··ust Ary rMiec, ons or tests -ad!! by Lender st-a I ba 'o· Le1de• s purpose3 0.,1., ard s'>al' ,ol be co.,st-~ed to create ar-y resoors b liry o· ieb l;ry or i'le pan 01 Le,de· 10 G•a1tor o· to ary 01'"e, oerso-"t'e reo·ese11a1iors ard wa··11,1ies to.,1aned "e·e11 a•e tiased o· G•a.,to• s di..e dilige~ce r rvesr'ga1i.,g t'\e P1ooet1y lor Ha,ardous Sut1Slt11ces. G1ar1or r-e·eby 1·1 ·eeases 11na wa·ves ary •utur8 c1ai-s i,gai-ist Le-ide· 'o• rdemr 1y o· cont· bulior r l'"e 11ver1 C·11"1\D' becomes iable lo· cee1"0 or ot,er costs w'"lde1 a1., suc'I ·11ws; a.,d (Z! ag1ees to ;.,de-r'fy ard 'lQ d I-a·-ess Lerder 11g11hst 111'1' ard a cla -s, losses. ab''ir es. da..,ages. oe.,a lies. a'ld exoerscs w~ c~ Le.,dc• -av d rcc1 v o· rdi·cclly sus[a • or suite· ·esu t rg '10-a breach o' Liis se>cl'o, o' 11-e Deed of -rwsr or as a co,seq"e.,ce 01 ary 1.1S8, ge,eratio~. -a-... Jatturc, s10,age disoosal. ·e ease or tr·eatered release occL.Jrriig o··o-10 Grarro··s owne·s"iio or i-13·es1 i-. tl-e P•ooerty w'lct~r or nor tt'e same was o· st-o~ d ,ave Deer knowr 10 Gremo· t-e o·ov·s·ons ot ti-s sectior o' the Deed of frus1. i"JcJua·rg l'le obigatio-to 'rdem.,i'v, sl-a' sw·v·ve t'ie paynerc o• 1he rdebledroess ard the sa1,s1acro., a-<l re>c-o1ve~arce o' i'le fe1 o' ti's Dee<l o' -n.,s1 a-o s'lal! 1ot be a"ected by Le-dl'' s scousiron o' a-,y interesl;, ti-a Prooe·ry. whcr'ler b'r 'o•ec osi..·e or 01'"8·w·se. Nuisance, Wests. G·a-.10· st-al "lOr cause, conducl or permir a.,v .,wsarc8 -or co-rrit. oe•m1. or su••e• a-v sr·oping of o• was1e or o• 10 1~e Prooe•cy o· ary portior ol 11-e Prooerlv. Wlt"loi.11 ·mi(~g ,.,e gere·11· 1v o' 1'1e Description: King,H'A Document -Year.Month.Day.DocID 2005. 714.2586 Page: 2 of 9 Order: 001 Comment: First American Title First American Title DEED OF TRUST (Continued) 20050714002~R~·-· Paga 3 torego·rg. Grar101 wi I ,ot re-011e, or grar1 To a1y c!be-pa•ty 1'1e ·,ght to remove. a·w timtJer, m re·a1s ( rc1udhg oi end gas), coal, clay, st:oria. so I, g.ra>1eJ o· 1ock o·ne1.rcts w tt-our LeMe· s orior wriner co,sem. Removal of Improvements. G,anto· sr,ai 101 do-,o is'l or ,e.,,OVi:I ariv l,roro11amer1s f•om 11\a Rea' Pu:;,~iy wit'ioJ.Jt Lerder's prior written co,sent. As n cond lior to It-a removal ot ary morove-errs. Lender may reqL1ire Grar1or ro me~a arrargements sat sfac10-y to Lerder 10 replace sLJch lmp1ove-ents with lrrprovement, or at least equal value. lender·a Right lo Enter. Larder ard Lande·'s agenn a,d rl!presentath1es ray erw upon rre Real P1ooen1 a1 all ·easo,able I mes 10 atterd to Lerde,'s 'r1e-es1s n"'>Cl 10 insoecl the "leal P.openy 'or o,xpos,:,s ol G,in1or s comol arce wi1'l the lerms and cordil ons o' l'lis DeE d of ~rus1. Compliam::41 with Governmental Requirement&. (iran10· shall p•orrio1Jy co-p y. and sl'a'I orompt'y cause complia'lce by a agen1s. tara~1a or otrier pe·so,: or er1 lies ot eve,y ... a,u•e wt-atsoevor wt-o rent lease or 01"e-v.ise vi;.e o• occupy r"le Plooer1y r ar,y ma,ner . ..,.,t"I all aws. ordin,,cas. a'ld regule1iors, row or herea1H1r h effect, of all gover,-ie,1al aulhorires apol cabe to 111a use or oc.cuoancy ot t"e P1ooer1y, includrg wi1hoU1 lii-il.atio,, 1he Americans Wilh Disabi 1ies Act. Cr, rtor -ay comast in good ta t'l ary suet-law, o·di-iance, o· •egule(o'l 1rd withf-old comoha,ce du· 119 arv p•oc·?edhg, inclvd ng aoprooriate apooals, so lorg as C1en10· has 'lOWied larder ir wriling p· o· 10 do r9 so ar,d so lorg as, in Le,oer·a aole op r o,, Lerder"s r11erests i, 1he 0 •opanv are not ieopard,zed. Lerd<1r mav ,11"1.ira o,ertor to posr ae1eq,.,1ue securitv or a sure1y bard. reasonatl!y ::;at slacto1,e 10 Lande•. 10 p·otacl Lerde,·s i,tcresi. Duty to Pro1ec1. Gra1110· egr1111s -iei1'l11r 10 .ahardor o· leave una11erdeC1 1he-D.ope•ty, G•a.,tor shall do al' ot~e, acts, ·r edoirion to l'lo&e acts set 'on'l above 'n l'lis sect"o-. whet-'rom the c'\aracte• B'ld use or 11-e Prope--ty a1e reasonably-necessarv 10 protect and p"esa-ve tt-e Prope'1y. DUE ON SALE.. CONSENT SY LENDER. Lende· -8y, 111 I ende· s ootion. IA/ dee a,e ,-mee1=e1elv di.Je and payeb e ell sur-s sacu•ed by rt-·~ Deed o! -,ust o• tSJ -c·eese 11111 ·merest ra.le prov ded to• in !'le '1101e or ott-er docu-enl ev,de'lci-...g l'le hdebtedress B'l<I imoose S<Jct-or'ler co-ia ,ions as Lende· dee-s aopropria1e, upo'l i~e sale or l'll'lS'er, w lhout Lel'ld1r s pr·or w,iuen conserl. or al o• ny pe,1 of 1tia Real e>•oper1y, or anv i'l1erest i, the Rea Prooeny. A ·sale or trarsler· means t"e corvevance of Rea Proo1111y or S"'V rg'll, lho or inte1es1 in ,,a Reel P,ooer1y: whemer legal. tleneiicial or equ,tablo; wl'E11her 110 U'l1ary or rvoliJn1ary; wne1h:1· by out'git sale, deeo, irstall-er"t sale co111r11ct, and cor1•act. con1rac1 !or deea, leasehold in1eres1 wii"I a te·r-9raa181" lhan 1'lree 13> vears, lease 001ior coruec1. or ti~ sale, assigr .. -ren1, or 1rarsfer ol a,v berel c'al inu,rest in 01 lo an,e la'ld 1•..st 'lo"d"r91itle 10 i'le Qeal D,opercv. or by arv oiher method 01 corveye'lce o1 ar mrares~ ,, rt-e Real Pr~Derly. II ary Gran101 ls a corpo·et on, pa·merst-p or lim led iabil ty compory, toJ;nsrer also ·-.eludes ary c,.inge ·r owre,ship ol more thar iwerrv live oe1cer1 (25%1 of t"e v"oti,g :s1oc~. oa·mers'lip m1e•es1s o• I mi1eo iab:1 ty comoany rte•est-s. a~ 1~e case .-ay be, ot suc'l G1sr1or. However. t'lis opfo-st-a~ rot be exercised b'y Lende• i' such e;,;erdse is pro'litli1ed by ledera, law o• by Washrgtor law. TAXES AND LIENS. rt-e to lowir,g p·ovis:o.,s rele1ing ro 1t-.e laxes arod !ie,s or 1hc "·ope•ty are oar1 o' rrois Deed o' Tr1,s1: Peymimt. G-a-iro• s'lal pay when oue (ard ir al eve111s p·o· w delin-auencvi all ta;,;es. special laxes. assessme'ltS, c'largea (,,,ciuding wa1er ard sewer!. 'i'l8-S ard imoo~i1 ons leved &gains! o• or eccourt ol t'le Prooenv. arCI stia I oay whel' dc1e el clei""T'ls lor wo•k dO'la 011 or fo· se·~ ces 1endered o• -ai~r,al 'u•,is~ed to lh P""Ope•ry. Gran10· s~a I ma rta n 1he P•operly l•ce o1 al lie,s t-av·rg p(nrilv over or eriuel 10 1t-e hterest o/ Le'lde' urder 1t-·s Deed of ~·usr. excep1 to• rhe lio'l of laxes ard assessmen1,. ro1 oue a,d excepr as otlle,v.. se provioed ,n tt-s Deed ot rust. Right 10 Contest. GraNor may w·i~'lOld pevme1c 01 a-iy 1ei,;, assessme'll, or clei-·r conrec1ion with a good faith CJ'soute ove· lhe ob igaiio, to oay, so 019 as Le'lder·s i-iteresl ,~ 11'8 Prooe·w is ,01 feopardi1ad. 11 e lie-i arises or is I led as 8 result ot r,orpa,ement. G•aruor st-a I wit.-iin fi'teen (15) days e'ter tt-e I e, arises or, ·t e l,e, i9 'iled w 11-r l·'leer !15> days afler Grar1or t-as nor,ce ol 1 he 'iing. sEicure !he Oisc'large ot tt-e lier,, or it raques1e-d bv Lerder. deoosiL ""itll LMde· caa'l or a suif cien! corP<,rare su·e1y bo'ld or 01~e-securty sa1:stac1o·y 10 Le,oe· in ar 11mo1.J'11 suft cient 10 discn&1ge 1'le ler 01c1s rv cosr:; and a11ornays· tees, or ol~e· c'"oarges that could ace.rue es e ·esult of a fo•ec osu•e or sale under the !ie,. 1-, a iy cc"1te$1, Granto• st-a I l'.leferd irse 1 and Lerder a'ld st-e ! sal,isly 8'1Y sdve·se Judg-ant before e,•orcei-eni ag1,i<1st t'le Prope-cy. Gran10• s"lall raf'la Lerder a~ an addifo111I ob igee clllder a-,~ su·ecv tlord 'u1r Wed r tl'e ,o-ite111 p·oceedings. E\lidence of Paymerit. Ciranlo· st-a I uoor CJe-ard lurnis'l 10 Le,der sa( s'actory e11'de'1Ce o' paym11n1 ol tre 1axes o· assessrren1s and shall ault-orize t'lo epp·opria1e governlllE!ntal ofl dal 10 de Iver to L1mder ar eny 1i-r,e a w··11er s1a1eme11 o' 1'le taxes ard 11asessme-its aga rst ,t-e "·oper1y. Notice 1>t Construction. G•e-,10· shan ro,i1y lerder <"T least !"'teen !' 51 days beCore any wo·'<. s com-enceCI, arv services are hirnis'led. or any r-a1e··e1s are suoplied 10 rra P1ope·1y. <t a1v -ect-anic s Ler. -ate1ialme'l'.S l,en, or 01t-er hr could be asserred on accou.ru o• the WO''<. servces, o· -a1eria1s. Graru;ir w·11 upo'l ·eo1JE1s1 of Lend111 'urr sh lo Le,oer advance assural'ces sa1 s'actory 10 Le,a,;ir that Cranor ca, and 11v ~ pey tl'e cost of suc'l impro...-eme-ils. PROPERTY DAMAGE INSURANCE. T"'le 'ollow1,g provsio119 ,ea1'r,g 10 insuring 1'ie Prooeriv are a oar1 ol rt-;5 Deea ot T·ust. MaintEinance of lr,surance. Grar,or s'lall p·ocure ard r-a r1ain po ic1es ol r1e insurerce wi1h starda1d ex1erdea cov"erage erdmseme-,1s o-, a far va ue basis lor 1h, 'vii rsu1 able va ue covering air 1-p·oVE1m!:lrl1& 011 lt-e 'leal P10D11rtV r a'l amou,1 sulficieit lo avoid aoplica1 ,;,~, ot ary co1,su·11nce clause. a,d w 1r a srai-dard rnortgege(l cause ,n la11or ot lender. CreNor shall e1so procuie ,trd ma rte r co-p·e',~ns·11a gere•a l'aO litv ins..,rance n s~ch coverage a..,ounts as Le'll'.le• may ·eques1 w'll'I T•..m1ee and Lerder beirg ra'T'ed as aod liora '-sureds ,n suc'l l·ab•litl' •rsu•ance ool,c,e,. Addi1 01al y, G•a,101 st-a'I ma·rla,n suc'l oir>er 'r"S~ra11Ce, ,re w:1hg but root I miced ,o ha.,a•d, tiusi'le5i;. rrerrupt on, and boi er insurarce. as Lerde· mav ·easo1ablv req.ii·e. oorc es s'lar be wrinen ·r 'orm, amour1s, coverages a'ld oasis ·ee&0riab1y ac,;epleble 10 Larder ard saued by a co-pa,y or companies reasorably accepteole lo Lender. Gra,101, upo, reo1,es1 o' Lender, w II deliver 10 Lender 1•om 1-1:1 to l•me 1111 oolcies o• ceni'icares ol insu·an.;::1:11, torm sa1isfaclo""Y ro Le!">de·, i,ch.1C1ir,,g stiol>la1iors 1ha1 cova•ages wi"l 101 be ca'lCelea Of dim,,st-ed w,l'lou! a1 leas1 t'lirlv 130, d1ys p•o• w1n1en rotice 10 Le'lOe·. E.ac'l rsu•a-ice policv al9o Sl'8'1 incluoe ar Emdo~eme,r prov d rg 1h01 co,terage r 'a11or o' le-,oer wi 1101 be i-pa red in any way by ar,y ac1, om 9!1!0'1 o• defau I of Gran1or o• any 01'\er pe•so,. 3'>ou d 1'le Rea Prooelty be loc111ed ir, 9-, a,ee des gnated by t'le D11ec1or o' l~e Federal E~ergency Mnagemerv Agency as a soEl<:ia r oM hniaro a•ea, Cir.inor agrees 10 obtain end -aintair ~eae,111 Food nsurarce. I ava,.1ble, w,ct-r 45 Oays al1er roi,ce is given by Lender 1t-a1 ri'e -'·operty s ocatad ir a spec a· 'looU haiaro eroa. 'OJ -.he lu I c1r,pe d principal tlala,ce o• t'le 1011'1 and er,y p-o• I e'ls on th& prooerty secu··rg 1'10 loan. up to 1..,e -a;,;imum po icy iT,ts set u,d&r 1he NatiOl'al F ood lrsvrar'lce "·og·a-. o• as 011le1W,se raou red tiv Le,de·, 11rd to ~ain1ai11 s"cr, rsu·a,ce fot t'"e tar..-ot the loan. Application ol Proceeds. Grar1or shall pror-p1 y ,mi'v Lerde· o' any lo5S or Clar-age to ll'e ,,..oparry i1 the esf'T'al&CI cos, o' ·eDai' or ·eolaceme'll excaeas 20% ol 1t-e value o' tl'le colla1e·a. L11rder may "t1llke p·oof ol loss Description: King,WA Document -Year.Month.Day.DocID 2005.714.2586 Page: 3 of 9 Order: 001 Comment: First American Title · First American Title DEED OF TRUST {Continued) 20050714002586.:: Page 4 i Grartor 'dis 10 do so w·1"'-i 'ihcc"l 1·01 day!> of tt'e cas<Jally. W"lelha· o· "'lOT LEnde• s secu··ry s mpa1red, Lender r-ay, ar Lander"s e ec1ior. ·eceive ard •eta·., 11'e proceeas o• a,y nsi.,•a-.c:e and aoply , .. e proceeC!s 10 1>,e red<Jc1ior ol t .. e l,clebtedrerss, pay-e~t o• anv ien at1ec1 rg 1'10 "'•ooerty, or 1,e •esto·a[•on ar.d ·eoai· o• r1e "•ooeny. ' Lerder elec•s 10 apo'v t'le o·oc-eeds to restoration ard ,eoai·, Gre,10· s'"lal ·eoa,· or •eolace tl'e da-nagod o, desrovcd mo,overrc"'tS i"'I a -an,11r satislactory to Lende·. te~oer s"al I.Joor safs•ac1o•y oroo• o' suet-cxoerdiwre, pa~ or re•mbu·se C·a1tor fro-r"e proceeos ·o· t'll! reaso,ab c cosL o' 1epa r or ·esw•ation ;• o·an10• is r01 ·.., dc'111, t 1,rder 1h·s Deed o' T•v$c. A-v o·oceeds w'"lk'l have no! beer, Cl sb1.rsed wir'"lh .. 80 days a'1e1 l'le 1 ·eceiot ard wt-ct-Lend1:1r 'las rot co--i11ea to r'le ·eoai· or •esto·aoon o' the P•ot>erty st-a be used fi·st ro oav a-.v 9"'\0l,""II ow rg 10 Le""lder ,mdc· lt-s Deed o' ·rust l~en 10 oav <1cc·ued ·-nerest. a--.d the ·e-a rder ' arv. s',a~ be aop ,ed ro 1',e p• rc·oal be arce o• tre 1-.detitedress. 11 Le'lde· '10 ds any proceeds a'rn· paymenl r 1,., I ot 1~e lrdebted-ess sue~ p·oceeds s'lell be o;fd w,1hout ·-1e·es1 to G•a,10· as G,arro·'s n1erests may aopear. Grantor'a Report on ll'l$uranoe. Upon •eciuesl ol Le--.de·. ~oweve· --.oc mo,e it-a, o--.ce a yea•. Grartor shall fu·,is'l to Lerder a repo--r O" eac'1 llxisc"'"lg pol·cy ot '18u·a--.ce st-ow rg: (l • t~e ra-ne o' 1"e i'1sure·· !21 ,r-e ,iske rsu·ed; 13/ tt-e amoi,""11 o' t!-a po cy; t4J t'la orooe-iv i11s1,•ed. lhe t'le-cu·-e--.1 ·eolace-e'"lt va1ua or sue~ orooe•IY, a,d 1t-e -a-ne• o• de•e·-r rg 1~er ve ue: and (SJ L'le exo··at o--. da1e ol \'le oorcv. G·a"\10· s--.ar, upon ·eoues1 o' Le"\de·. !"ave an indeoende,r app·a ser sat s.'acto·y lo Lerda, de1c,m1"\e 1'1e cas'l va ue •eolaoe-e-1 cos1 o' ,.,a "·operiy. LENDFR'S EXPENDITURES. ·• any action o• proceed rg s oomr-(rcad 1!-111 wotJid -a1e··a11v affecr Le-dee s 1-.teres[ ,n 1he P·operw o• i' Gra"\10· 1a Is 10 cot""p v w !!'-e-y orov,s·o-. ot 11-o,s Deed ot T•us.r o· a,Y Related Docun,enls, inc1vd rg bur not liT 1ed to Grar101 s fa·1u·e 10 disc'large or pay .... r-e, due ary a-ourrs Grar\or s reou·red 10 d:scta·ge or pav urde· 1'1is Deed o• Trus1 or rv qele1ed Documerrs, Le,de· 01 G·anlo·'s tie',al' may (bcH s'lall no1 be obl1ga1ed lOI 1al:e ary acrio, r!-et La-oer dee-is app·op• et11 i,clud,ng bu1 -01 I r""l!lecl 10 d sc!-a·gi-.g or oeyi19 a ,axes. lie,s. securiw irteresis. ercuTtirances a""ld otte· dams. a\ 1i-v t,me lev"ed o· paced o~ l .. e Prooeny a,o oayirg al cos1s lo· i.su,iig, mah\ai'li-.g a"ld oreservi,g t'-.e Prooer1y. All sue!-exoendhures hC\J'"Cd o• pad by Le""lder fo· suer 01,•oos.es wil 1'>el' bee, ',te-es1 al 1t-e rale c,argud u,der r'1e Note lro-t'le dalo rcur•ed or pe"d bv Lerder ro ,~e daL<c> ol ·eoavme--.1 bv G·a,10•. A.I such expe--.ses v. JI beco-e II oa1t or 1!-a rdobled,ess ard. a1 Le"\de·'s opt on w• I 1Al be o.1vab e or dem:ind· (B1 be ilddea ,o t'le bala,ce o' t~e Note e~d be apoortiorea e-019 a--.a be oayab e w·t~ ary 1..,slal ,....erl oav'1'"IEl'l1S co becore due dw• rg ei1he1 1 ·) tl-oe ce·m ol a1~ apo cao e -.surarce po hey; o• 12! t'1e rer'"ai,hg te""" 01 11'e \101e; or IC) be 1·ea1ed as a bal'oor p11v-1:111 wt-c~ wi I be dwe and oevabe at t'le Notes ma11.,· tv. -'le Deed o• -ri,sl also w I' secu·e oayrern o' these amou,1s Such rig"1 s"al be ·, add,1 01 to a I ol'"e· ··gn1s ard ·e-ad es to w'1ic'l Le ,de• may be en1 ,lea upor De1au t. WARRANTY; DEFENSE' Of TITLE, fh) 10 1owi,g prov siors rala1·ng lo ow,ars!-p of 1t-e Properly a·e a pa"\ o! 1~'s Deed o' T"'-'Sl. Title. G·e 110· wa--a,1& 1he1, (e, G·artor ~olds good ano md1~e1ab e 1 t!e of ·ecord 10 t'1e Proper\y i1 lee si-p c, 'rea ard c ear ol ell lie--.s a,d encur.brances ott-e· tt-a, c'lose set to·c'l 111 1'>e "leal Prooertv descriotior o· in a,y tit·a r~u-a,ce polcy. I 11e ·eoo·t. o· '-al t tie oo·r 01 issued •--. •avor o·. nd aoceoted by, Lende· ·~ cor--.ec1ior wt!-,~·s Deed o• T·us1. aro fb\ G·a"\10• !'as 1~e lull right oowe· ard ault-or'rv to exec,.,te a,(l oer;ve· 1~·s Deea o' r-usr to Le"l<;le·. Detense of Title. Subjecr to t!-a e-.;cep! o-. r the pa•ag·ap!-above, G·a,to· wa--a--.ta and wi" •oreve· delerd ,'le lite 10 1t-e Proper1-. aga'1st 1t-e aw'u! clab·s o• al oe,sons. r 1'le everc arv action or oroceedhg ·s oomme,ced thal OLJesl10-s Gra111o·'s ft e or t'le Ne·es1 o• T·usu.ie o· Le"\de· \<f'de• 111 s Deed of ·rwsl G·a,10-shell (le'erd t!-e act o, at Grarror's expe--.se. cre~wr may tie ttc ro-. re oa·rv r s1,c'1 proceeding. bur Lerder s'lall be e-.11, ed to oa•tic·oate ·r \'le o·oceed·-,g and to b{! 1ep•eserred i, lte p·oceeding by course of Lendi::-·s owr cto1ce, ard C·a-1or wi d1:1 iver, or cause 10 b{! de! veied, to Lende· sue" ·,s1r1.,-iens as Le-de· Tay •equest 1,0-1 me 10 1rmo 10 pe•r-i I SllC~ pe·1ic,pe1 o,. Compliance W11h Laws. Grartor wa·ranls ,r-ar tr.e 0 ·ope•ty a,d Gra11o•'s .... se o• t!-e P·ooeity corrpies w,tti al' ex·s1hg aool'cable aws o·di,aroes. a1d regu 11r,o~s ol gove·nmcnia aut!-orities. Survival of Representations and Werran1ies. All ·eoresenra1tors, wa--a,ties, ard ag1ee-eris -ade by C-a .. 10• r ths Deea 01 T•u91 st-a survive t'ie execu1,o~ e"\a de lveiv ot 1~ s Deed of r•ust, shall be con;,u1ng ·--a1ure, and S'1ell remah ·n flll 'o•ce ard e"ect unul sue~ r me es Bo•rowe• s I 1dcD1edress s'lal be oaid ~ 1,.,·. CONDEMNATION. -he fc lowi1g p·ovisior$ relafng 10 cordem,atior p·oceed1rgs a·e a pa·t ot 1111s D,;,ed ol Trusr: Prtx:eedings. ll any p-oceedlrg h coidem,a11or ,s ' ed. C1a-1or s'lan oro-p1 y ,ot ty Lerder i'1 wrif-g, and Grortor s'lal' oro-rp1 y ta~e svch slap$ as ma,. be rioccssa•v to dete,d r'le ac1·0, ar<l obtair r'1e awara. G'a"'"IIO' rnay be t',e no-ra oar1y i~ svc~ o-occcdrg, bwr Lerde· s"a tie e-i1ired 10 pa·tc·pere ,r 1t-e o•oceedhg a 10 10 be ·eoresel'lted ·-. 1'>e p•oceed,rg by counsel o' it-s ow, ct-o·ce a I a1 Grar101 ·s exoense. ard Gra,to• wil del ver o· cause rn be da i'1ered to Lerder sue!-ns1rvmarts and docu-e-1a1·or as ,..-ay ~ ·eauesled by Le-ide· 1·om t me 10 1,me ro oe1!11't suet-pa-1:c pa110-.. Application of Net Proceeds. ·' all o· a,v pa'L o' 1he Prooe·tv s co-demred by em·,ert do-ain orocced·"\gs or by any oroceedi--.g or ou·c"ese i, lieu o' conde-rat o--.. Lerder r-av at i1s e1ec110~ requ re 1har al or a,~ oo·t o-ol r'le -ie1 oroceeds o• ttc award be 11op1ied 10 ire lrdeb1ed-.ess or t'>e repa·· or •esiorat 01 o1 ,.,e 0·ope·!y. -1ie ,e1 oroceeds o1 th awa·d s'lal mea-. 1'1e awerd a•ter oeyr-ieri oi al reaso~able cosls. exoerse~. ard lllWrreys' tees ·nc,.r-ed by rn,stee or Lerdef i'I conrect'on w 11"' i~e co,de,ra1 on. IMPOSITION OF TAXES, FEE.SAND CHARGES BY GOVE.RNMENTAL AUTHORITIES. ·t-e [ol'ow'-g p·ov1s,on-s relat'-g co gove•r,e,1al 1axes lees ard c'larges .irec a oart ot t'115 Deed o• ··us1: Currcint Texas, Fees end Ch111gH. U.iO'l ·8Quesr by Le'lda·. Grarco, shal exacu1e suc'1 docu-erts r addiio, 10 t!-s .)eed o' "rnst a-id r~ke v,ha1evc• 01'1er ac:t•or is reouested by Le,do• 10 oe~'ec1 ard con -ue Lender·.s I er 01 1t-e Real Prooeny. G•a,la· she I •ei-b,.rrse Le,(le· lo· a laxes. es desci bea below, toget'ler wi1'1 a! expenses ·rcLJtred h reco·d1'1g. pe·fect"~g or cort rui'lg th,s Deed ot frLJSI i,clcrd'rg wi1!-ou1 Ii...-tai·o, a I taxes. fees, doc\1-erra·v slamos, a""ld o,~ar C'111rges 'o• reco·dl1g o• reg'ste• rg r'lis D~cd o' --us1. TeKeJ, Jt-c 'olow~g shall const,ti.11e 1axes to w'lic'l 1'>is secro1 apo1es: I') a spec·fc lax uoo~ th,s woe o• Deed 01 r1,st o• uoor all o· 8'1V" oan o! lt"'e l'"ldeorearess s-e-cLJred ti~ 1~·s Deed o' T·ust: 12• a spec 'ic tax o- Bauower whc!-Bo--ov.e· s aut'lo··ico o· reoui·ed to deduct tro.., oeyr-ierts on \he hJeotedness secu·e(I by 1h1s 1yoe o' C>i::ea o' -rus1; (3) a tax o, 1'iis lype ol Deed o' -·ust c'largeeole agaiist t'"le Lande• or r'lc ~ode· o' 1!-e No1e; a--.(l \.4/ a soecil c taK o-e· or ary oo·ton o• c'>e hOeOtearess o• o, pay-e,ts ot ornc1pa ard interes1 -rade by Bo··ower. Subsequent Taxes. If any tax 10 w~c~ t!-,s seci>or aopies is craoted subseoueni to t'ie date 011t·s Deed o' ·rust, t'lis eve,1 fl.ha I ha-.e ir-e se-.e et'ect as a, (ye,1 of Detau 1. ara Leraar may exe-c·se try o· at of ·1s ava·1abe ·erredias tor an Eve,t o! Detevt as orov·dea oelow 1.,-oless G·a,10· 8i1her (") pa~s tt-e lax be'ore l bewmes de inauert, o· 121 wrtesrs r,e tax es oro-. de<l abo-.e 1, 1'1e ~axes ard L e,s seclio., a-id aepos rs w11h Le,(le· cash or a su"1c'e~1 wrporeie su<81"1' bo,d o• 01"',;,r secLJ-;f'/ sansfec\ory 10 Le-ider. Description: King, WA Document -Yeair.Hontb.Day.DocID 2005. 714.2586 Page: 4 of 9 Order: 001 Comment: First American Title First American Title DEED OF TRUST ( Coritinued} 200507140n?~i:u;; ::::· Page 5 SECURITY AGREEMENT; FINANCING STATEMENTS. -,e fo owhg provsiors 1elar;-.g 10 this Deed ot -rust as a .securily ag·eeme,t a·e a pa, o' l'lis Deed o' T·ust Seourity Agreemeni. Tr s i1s1•.1man1 s'lel corst;ll,ie a Sec..iri1y Agreemen1 10 11'8 exte'l1 arv o' 1he ,;:,•opertv co-s1;10.,1es •·x1o..1ras, ard Larder s~a1 have a I of the righls o' a s11cu•ed oar1y cmde· the un·•o·-Comme·cie Cocte es amended l·om r me 10 ii-e. Security lnleres1. Uoon reqc1cs1 by "-ende•, G·ari,o· shal• tak11 wh~leve1 aclior IS reoues1ed by ~ercler 10 oer'ec1 and CO'lri•u,e lerder"s &8cuuly n1erest r ,re Re1ts ard Personal Prooer1y. n addi1 o, to reco•di'lg 1r ~ Deea ot ~rust in t'le •ea pcopel'IY ·ecords, Le,der -av. at ,my t"me ara w11hou1 h.mner eLJl"lo·i,ation 'rom G·anto·, f le execu1ed coi..nte.rp.ins, cooiM or •eornduCliors o' 1hls Deed o• rust as a 1,ancin9 state-e"lt. Gre-,tor sl-a 1 reiTb..irse Larder 'or al exoenses rc...-red in perlect,ng or contim .. rg t'lis secoJ!i!V jnte1es1 Upo'l delau 1, Grar1or s"lal rot remove, seve• or de1ac'\ 11'8 Perso"lal PrOO'irtV 'rom the Prooenv. IJOO'l defat.J t. Gramor shall aS&embte any Persor.al Prooertv rot allixoo 10 11'e Prooerty ii 1, ma,rer ard at a ol11c11 1e11sanably ~onve'l,e,r 10 G·a,ro• a-id Lenoer <rel -ake "t Mai able lo Lendo· w tr r 1hree (ll days alte· rnceiot or wri11er aer-erd 1•om Larder 10 r"le extent permitted by app ,cab e law. Addra»H. ·1-e ma lhg eod·esses o' Ci·n10· !det11or1 ard LeilOer IS8CLJr8CI party) •,orr wt-c'"l inlo·na1·0'\ corce·,='lg lhe secu,i\y h1eres1 grarte<:1 by u· s Dee 1 of Tn.,st r-ay be oblained !eact-as reau •ed by 1ha Un 10-m Co'Tl-erc~I Code! a1e as s1a1ed on lhe 'irst page o• t'lis Deed ot ~rusl. FURTHER ASSURANCES; ATTORNEY•IN-FACT. Tre lol ow,119 oro>,is,o,s ·c1111ing to 1u•1her assurances ard anorrey h lact 11·11 11 pa·1 or 11-s Deed ct TruSt: MJrthur Assurances. A1 a-ry r"r-e, ll'ld 'ro-1i-e 10 , me, uoor req..ies1 of Lende•. Grar1or w;II make, execute a'ld deliver, or wi I cat.Jse to oe -ade. 0xecu1ed o· aelive·ad, to Lende· 01 to Larder's designee, era ..vte'l reques1ed by Lenae•, cause Lo be filed, recorded, re•1111d, o· rerecurded. as tt-e ca.se m1:1y tie, 11l sLJch I mes and r such ol I ces anc olaces es Lttllde· may aeer aoprooriate, a11y rJ aM s..ich mo,igages, deads of 1rus1, secwi1y deeC!s. secLJ··1y ag-ee~erts, fra,ci'lQ sraremen1s, co-.1inua101 stalememls, hs1•umc'l1S o• 'ur11'e· essurarce. cer1i'ica1es, and ou·e· documems as may. in Tl'e sole ooi,ior o' Lllnda•, be recessa·y or des 1atl'e r order 10 errec1ua1c coMplele, per1ec1 cort,rLJc, or orese,ve 111 Bo•-owe• s ard G1a,10·'>;1 oblig.slions u,cer t'le \Iola, 1h,s Deed of f·LJsr, a-id the Rola1ed Documems, and f2) the iers ard secwri1y jnre·esls created by 1t-'s Deed or Trus! es firs1 ard prior lens or 11"e Proo0r1v, wket'le1 row ow-ied o, '"le1eaft0• acquired by Granto· uress p·oh•bled ov 1111111 or Le,e1ar agrees lo 11"11 co"rtrarv ;, w··1ing. Cranor e.tall •11 mburse Le,der 'or al cos1s and exoenses rcLJrred ,n co~11ec1ior w lh 1te matters reterrad to r l'lis pa•agrapl'. Attorney in Fact. 'Granror f11;1s ro do aiv o' ,t-e 11" rgs re'arrea 10 in the p·eceding pa·agraph, Le-.de• -ay do so !or ll"ld h irte 'lame o' Ciramo· a,o at Granto··s exor,r,se. For Stich pu,poses, G1,!mtor hereb~ ,rrevocab y appoin1s Le-iaer i,s G·a,,or s atto·,ey i"l 'act 10-1h pti•oose c,t maK rg, axecuiing, deJ'vet"rg. fil rg, recorr.lirig. and dong all other 1.,;,gs as mav be ~ecessa-y o· ciesQ"abie, in Uinder's sole opinior. 10 accomolisr !re -,uie·s •e'erred to ii li"'e c·eceC!i'IQ pa•agrap'I. FULL PERFORMANCE. ' Bor•owe· oays al 11">e ndebte.jress w'len Clue. ana oinerwise oer'orms al1 ,'le obi gar"oris mposeci uoo, Gran1or urder 1r s Deed o• Trus1, Leni: II' st-a I exec.rte ard t1eli11e• ro Truslee a ·eoi..es1 to· FL.JU ·eco1weyarce a,d sl'a I execure ard <:le iver 10 Granto• su·tab e stateme'lts al le•mi-.atior of a,y f narc;'lQ ,na1emen1 on 1 le e~iderc rg larder's sec..iri1y rte·est i-. ire "!eris and !he Pe1sonat Propii-rv Any reco'\~eyarce fee shall be oa;d by G·a,10,, ii peITT' ued DY apol cab·e law. T'le grariee in a,1y •ecowevance may be described as 1'"le ·~ersor o• parsors ega I~ en1 1180 t'"lereto , a-.a l'lB ·ec ia s r 1h11 recorvey l'lCe of any -airers or 1ac1s st-at oa <:onclusive o·oot ol •he !"LJthii.,lness o' r1y suc'l mal!8's o· fi!OCIS, EVENTS OF DEFAULT. E:ech o' \'111 'ollo..vi,g. at Lenders optior. sl'al CO"'ISt 11.,10 a-.. E:ver11 o' Da!aut under ,r's Deed o' Tri..s1: Paymem Default. B1rower 1a Is 10 -eke any pay~e,11 w'len due u-.cle1 1h0 lldebteCl'l8SS. OlhM Default9. Bo•rower or Grarwr tails 10 co-a I wit'! or to pe'iorm ary other terl'I", obliga1ior, cover.art or cone!"tior-cor111,red n 1'lis Deea 01 Trus1 or ~ a,v ot lhe "!elated DocLJmeits o• 10 co~py wt~ or lo oer'orm a-.v ie· .... , obi 91nion, co~era,r or cordic,ori cona nad r ery oi"ler ag,eeme-c ootwcc, Le,dc• aid Borrowe1 o• Grartor. Compli11nce Oerault. "ait.J·e 10 comply wiin erv o(i-e· ie·-, ob ga1ior, covera,t o· coroi1"on con1aln.xl in 1h;s Deed (l' r·ust the '1fo,e o• 'r ary o' 1'1e Rea1ed ooc<1me"l1s, Default on Other P11yments. '"ai i..·e o• Grartor wi1hir, c'le l me raqu ,ed by this Deed ol [rust to make al"'y pay-er1 tor taxes o, i1swance or ary OT"ler payment necessa')' to p•even 1il rg o' or 10 eflect disctia-ge of ar,y l,e,. Defaull in favor of Third Par1ies. Sl-ould Bo--owe• 01 ary Gr11r1or delaLJlt cmde• any oan. extersior ot cred 1, secu· ty agreemeri1, ourc'"lase or sales ag·ee-err, o• ary Ol'le· eg•ee-ert, in 'avo, o' a,v ott-e• e·eoitor or pe•SO'\ t'lat may ma1e•aJly ef'ect a,v o1 Granlo··s p•oLerh or Bo"owe· s o· a,v G·<1-.1or·s abil lY to repey 1he lndebredness o• peiorm t'lei· ·,:,speci"ve obi gal 0'15 ""'der t'lis Deed of Tro.JSr or anv ot rhe "lelatoo Docum,:, .. ,s. Fal6a S1.atemena. A'ly warrarrv. ·eorese,1a1ior or star,:,-err made or lu-iisl'ed 10 Le'lde· by Borrower o• Grar10, or on Bol'owc•'s 01 Grar1or·s be"lalf ullde• t" s Dee,, ot Trust or 1h0 i:lelated Docu'"'lc,ts s •aJse or n-is'ead'rg ir- ary -aiarial ·e11occ1. e,il"er now or a, 1h11 i.me -~oe or •u,~'shed or beco-es •etse or mislead,ng a1 any ume ll'e·eahe• Dateciive Collateralization. Tl" s Oaed of T·\.1St o· ,,ry of the <=telated Doc..iments ceases to be n tu'I torce and effect I re i..dhg 1ailu1e ol a~v colle10rel docu-11r1 t" c·ea,e a val,d 11,0 pe·fec1ed secLJriw i.1eres1 or J"er) al any lime ard (or 111v ·e11so"1. Oaath or Insolvency. Tl"e dis~oh .. t'on or le,rii-wi1ion cl Bor1ower·s or G•a-.,or·s ex,s1ence es a gong b\.,sinesa. the itisolYencv of Borrowe• o· G•amor. the epoo,ntment c:>1 a 1ece ver lor a,v parl ol Borrowe·'s m G111ntor's prooertv, ary assigr-ner1 lor ll"e brnefrr of cred1o•s, ery 1vpe o' cred,to• wo·kout o· the co-rrence-.e,t of ary procecdhg u,de1 any bark·uplcy o· insovercy aws by o· ageru Borrowef or G•aitor. Creditor or Forfolture Procalldlng$. com-11rce-ar1 ol torecJOsi..·e o• toie tu•e oroceedings, whci'ler by jLJd'cial p•oceeding. sel' 'lelo, repossession o• any 01~ef 11'8l"IOd, Oy any creditor o' Bo·,ower or Ci•a011or or by any govemmemal agercv agamsl ary prcoenv securi'l\l t"'le ncteDtedness. Tl" s i""lcluaea a garr,;sruner1 of ary of Bo""owe· s or G·ailOr s accO\lits. i,clud 1'Q deposit accourts, wit'"l Le'loer. l-'Owever, t'li9 Eva,1 ot OetijU!f sna~ rot app y i' rhere is a good 1ait"l e1=sou10 Dy Borrowor o• G·a,ror as ro tl"e va~diTY or 'Basonable'less o' the c aim which is tlie bass ol T'le c·editor o· 'oie 1u·1;1 pr,:,ceedhg and iS Borrower or Ci·anto• gives Lender wricrer "101 ce of 11"11 etediLor 01 lor 'eilLll"e p·oceed rg ard deoosics wil ~ Lender -o-,ie8 o· a :si..r11r,o bo-.d for 1t-e c·eci'to• or 1or'ei1ure p•oceMing, r ar amoi..nt de1erm;,ad bv Lande·. r iu 50 e ciisc•e, o~, as being ar, adequare rese--ve or cord 'or !'le d,soute. Breach of Other Agrerunent. Any bfeac/" bv Bo·-owe· or Grano· urder rl"e re--,s a' ary otl"e· ag·eer-mnt between Borrov.er or Grartor a-d Le-.de• 1hat ·s 'lot •e-ed eel w ,~ r a,y g·ace per od p•ovided the·e·r. ,nc'udmg w·11-oi.,1 Description: King, FiA Document -Year.Month.Day.DocID 2005. 714.2586 Page: 5 of 9 Order: 001 Comment: First American Title First American Title DEED OF TRUST (Continued) 2005071.4M?5i:!;6 Page 6 l'rnauor a,v ag·ee-e,i corc,r1ing any -dob1cdnes~ o· ol'ler ob garo1 ol Bo .. owm 01 Granto· 10 Le'10er, whel~er tixist'rg 'low o· 1a1e,. Evonts Attecting Guarantor. A,v ol t"e p•ecedi-ig evrts OCCL<'S wlt'"I respccr 10 arv Guararror or aiy of t"e rdel:;tedres& or arv Guarar 1or des o• beeomes rcomoe1ert, or •evo'<es o· d'si:mtes tie va' d ty o'. o· 'ab1I ty u·de•. any Guaranty ol ire l-idebtedress. 1, tie event ol a deat"I, Le-der. at ts opt'o,, -ay, but st-all nor be reo,i•ed 10. oerm I i'le Cuarar101·s estate to ass,.,-a "rco1dtio-a y 1t-e obigafo1s a··~ing u·CJer tre 91,a·a-ity in a -ia,re· salisfac1o·v lo le-,oe, a,d ;-, do -g so. cu·a ~-v E-ve,1 oi De'alJ t. Adverse Change. A -ale•al adve·se c"'large occurs r Borrowe·s or G·an1ors hnane,a eo1d110-. or lerdes bet eves tt"e p·ospeet o' oa,..men1 or pe·formance of 1t"e roeb1ed1ess s moe red. RigM 10 Cwe. • nrv defac1lr, o1t"er r'lar a de1ac11 r pay-en s cu·ab\e ard if Granor t-as -ol been give, a rolice of a b•eac'"t ci• t'le sa,e o·ov;s o, o• 1'lis Deed of 'rusl w 1'1·-11-e o·eced rg iv.eve l' 2) -o~ms, ii rray be cc11ed ii Gra1tcir, a11e· ·eceiv·-g wriTlen -01ice 'lo-leraer de-a-ai1g cu,e or s'-'ch oelauh. t"! cu·es c~e de'au I w't";- 'i"lee-1"51 davs. or (2.J i' lt"e cu•e ·eoures mo1e 1"'a1 'j'1eer 1·&1 da\"s, n'med'atel,r ;-.:iiates steos w"'c~ Le1de• deems r Lender"s so e d1sc·e1 01 lo t,o, su"ic·11-,1 w cure t""e ae•au l ard 1he--eaher co-1i..,.,e~ ard co-p etes a ·easo-.ob e ard necessary s1eos &u!I cler11 10 p-oauce co-o arce es soo-as reaso1ab y prac1 cal. RIGHTS AND REMEDIES ON DEFAULT. t1 ar E-ve-., ot De"ault occu·s u1ae· rt-s Oeeo ol rus1 at any rme i"lerea,er. T·cJs1ee or L(iniJe· -av exe1cise a-iv one o• more o1 tt-e to11ow!ng rigt"rs ard 'l!meaies Elo,ction <JI Ro,medi,e,s. Elec1ior by Le,ae, ro pu·sue ,ny ·e-edv s.,al 001 exclude ou·sui1 ot a1v ot'la1 remedv, and a'l e ect'o-10 -ake exparditures o· !O lake ac1 01 10 oe·'orm a-obigai"o1 o' G•a110• ~'lde• t'lis Deed o' T•ws\, errer G·an101 s 'ai u•e lo oer•o•-, st"a nor a1tect Lender's r,9h1 !o dee are a de'au·t and exe·c se 11s rc-cd cs. Ace1:1ler~e lndeb1edneH. Lerder S'lal ~ave the r,gh1 a1 1s op1 O'l lo declare 1te en1ire ndebled1ess <m-ediate y due ard pay,:1b e ·-clud-rg a--.y orepay-e-1 oe-ial,v wt",cr Borrower WOIJ d ce ·eou red 10 pay. Foniclosure. W.1h resoect 10 a IO' ary pa·1 ot 1r9 Real "·opany. ma ru$t88 !.ha I 'lave 1ha ri9t"1 m exer,:;,se ,is oower o' sa e ard 10 'orec osa by not ce ard sa e, a-.o Lerder s'1al1 t"a""' t'le ri9~1 to to-eclOse b~ iud,c al to•ac osure, ,r c 1t"e• case h accorda1ce w·tt-ard 10 1.,e full exte-r orov ded by app!1cable aw. UCC Remedies. W 1t-respeci 10 a I or a1-., oa1\ of tt"e <>e·so"a 0 •ope·t~. le1de-• sha I 'lave al L'1e · q'11s a1d 1emed'~s o' a secu·ea oan:y u~e· 1t"e Ur fo,-Com-c•c a' Code. Collect Rents. Lenda· s'1al ~ave 1t-e '9'>1, v,ill'OLJI ror;ce ro Bo--ower or Grar,or to rn'<e possession o• and manage 1t"e Prooen,r a11d co eel 1he Re1ts, i1clud-g a-ouns ciasL Oue a-d u-.pa d. and 11oplv l'1e ~et p·oceeels. o\"er 11.,a aboVf!I Leroar s cosis. aganst it-e ndeoteoress. ·r 'u•1 ... e·erc(' or It"$ •'9"1. terde· mav reo" ·e a-v tenenr o, 01t-e· cJser o' tlie Prooertv to l"laka oeyme-its or re"lt or use tees d •ec(y 10 Le1der. ' r~e Rems are col'acted hy larder, Mer G·a,nror l"evocab v des1gra1es Lerder dS G·e,1o•"s auornev-11 Fae, 10 e1do•se ·~s1·~me1ts •eceived ;1 pay-em rhe·eo/ h ,he ra-e Q' Gra-101 ard 10 rego"ate c'le sa-e ard col eel \'1e oroceeds Day11e1ls bv iers-its o· 01'\er Ohe·s co Le'lde· ir respa"Ose 10 lender's oc-iard st"a I sa1 s'v t'>e cibligatiors 'o· wh,c.t-tt"e oavmeils a·a -ade. w'lethar a, not a ... -. p·opa· 9'01.1"0dS •o· 1'>e dem;nd exis1ed Lencter -ay exarrisa t!. •g"l1s unde· 1')is suboaragrap"l ec~e-r pe·so,, llv a9err, o· t'>roug ... a -eceve-r. Appoint Ree11iver. Larder s ... a !'ave r ... e -·9'111011ave a receiver apoorrCCI 10 lake ocssesso, o' a 01 ary oa·1 o' t/'e "rope11y. wir'1 ('le oowe• to orotec1 and cirese·ve 1he P·ope·i-.,, 10 ope·a1e 11-e Prooertv o·ecedi"Og o· pe-Cli'lg to·ec·osc11e or sale a'ld 10 col'!"CL l'1e "le'l1S '·om t"l(' o-ope·ty and aoply 1t-e proceeds, over ard atlove ,'le cosL o' tl'e ·eceiversrip, agersl t>te 1-ciebled,iess. -t-e •ecever -ay se·ve v,,;1'10._,, OO'lO ,I oe,m11ed by ew. Lerde•'s rigl-t 10 r"e aopo r(-ie1\ o1 a r@ca,ver s'lall e;,,;is1 w~e1"ler or ror me apoarert 11a ue 01 rr-e Prope•fY exceeos l~e rdab1edrtess ov a substart al amou'>1 E-p ov-er1 c~ Lerde· s ... a rot d souarrv a oerson fro-serv rg as a receivef. Tan.ency at Sutlaranoi,. 11 Grantor re-a·rs -., oossessior o' 1he 0 ·ooe·tv a'ter \he 0 rooerlv s .sod as o·ovided above o· te-ide· o!llerw,se become~ en t·eo 10 cossess'on 01 i~e Prooer1y upon Oe-1ault 0 1 G,ar1or. Grarr-0, shill beco-a a ter-a-1 81 sulle·a'lCC ol Lende· o• t'le ourc'-ase• of t/'e Prooor;y a-d s'1a I. m Le-der s ootior, e,1'1e· 1· 1 oav a rea&orable teria· 1or 1t"e use ot 1rie 0 •oocny o• 121 vaca1e 1'lc 0 rocieny r-rred aie "f r.1po1 1/'e de-a-d of Le"!lle•. O!het Rell'l$dies. T•U$tee o· lerde· shall 'lave a.,v 01'1e1 · g'11 o· reredy owvided ir th·s Deed ol -,,..st or t ... e \lole o• bv aw. No-1ica of Sala. Lereler sra I g've Gremo· •easo.ab o -01ice o• tl-e t me and olace 01 ary pubic sale o' t"le Perso1a1 0-ope• i~ o• o1 tt"e 1i~e 11'ter w~ c" arv p•,va1e sa e or 01her i'lteroeo disoos 110-o· t'le Dersorm Prooeriy ,s 10 oe maoe. Reaso1abe no(ce sha1I riear .,011ce given at east ten !"OJ aais oeto-e !'le time ol lt'e sae or a·soosit or. Any sa e o' tt"e Pe·so1al Prooerti -ay be IT'ade i, corJ~.Ctior wit'l d1Y sdle o' t'-e Rea Prooert~. Sale of 1he Propeny, ro the exte'lt perrri11ea O"f apcifcaole law 80--owe· am, Grarror hereov wa,11es a-iv ard al ··g'lts 10 .,ave 1'-e Prope• 1v mars'1al ed. n e;,,:c·c sng is ugt-1s and ·emeaies, rho ·rus1ee or Lender &t-a 1 be Jree 10 sell a o· a1v pa·r of the o-ooecly toga1i-a-or seoara1e\,, -ore sa e O' oy separo1e sa es. 1.ende1 sh~II be en1i11ed io b1d at ;n,r pubic sale O'l a· a, any pon,on of 1~e Prope•1y Attorneys• Fees; Expenso,s. t Le-.dcr ·siru(es a-v su·t o· <1c10-to e-'o·ce ary ot 1t-e 1e,ms ol 1"lls [)c,ed of r·ust. Larder st-all be er11laci to recover suc'l Sr.llll as 1>-e co1.1·1 -ay ad1i.,dge reaso1ab e as a110·1eys 'ees at 11i,, a-io uoon an., crpoeal. \11/"ether o· ,01 a-v cou., aero, is nvolvea. and 10 r'le ex1e-1 1or oro'libite<l by aw, al ·easo-.abe expe1ses Le-de• hcu-s t'-at in Le1de· sop ~·01 are reces,a·y a1 1ny wne 1or ire o-01ecrio, ot irs rie·est o· 1t-e enlo·ce-e-t of ts • g'lu st-a oecor-e a pari of 1t"e lnaeoreoriess payao e on de-ara ar!l st"a I beer 'nte·es1 at tr>e No1e rare l·o-1!--e date ot t~e expa-io 1ure umil repa d. Expe'l$eS cove,ea by 1t" s Nrag·aor i'>clu!le. wit'lout !i-=1a1ior. '1owcver s1.1bjec1 to a-~ 1i-ts unac• apol cable law, Lende·'s attorreys ·ees a-a Le1de· s ega expe1ses w'1elhe· or not the·e is a awsuiT. ·r,c 1.10,ng ano-neys •,:ies ard oJ<penses lo· ba-vuo1cv P'OC:e('d -gs frc\,cting e"o·rs m 11odi'v o· 1tacata arv automat c stay or 1-.ju-ct"orl, apoeals, ard a-.v a"l1icio1ned post 1ua9-e-1 collecto-i ser,,'ces. 11-ie cost of sea1c:t"rg reco""ds. octa'-ii,g fte ·eoo·ts (rcudirg lo·ec:losu•e ·eoo'ls) su·veyors' repo·1s, e-Cl app·a·sa1 fees, r"!le -surarce. ard 'ees '01 1te ·1us1ee 10 1'le ex1cn permir1eo oy aop1icabe ·aw. Gramo• also w II pa'¥ a1~ cou·t cos1s, ,r addir'<Jn 1o all or'1er sums o·oviOed Cv aw. Right$ of Ttus1u. -rus1ee s'lal I-ave a Io' L'1e ··ghls a1d duties o' la'lele· as E.el lorlt" ·r I'" s seer or>. POWERS AND OBLIGATIONS OF TRUSTEE. -'le to ov.lrg orovs'ors rela1i"Og 10 t'1e oowe1s a-.d ob 'ga1 01s o' ··ustee (p,.,·suanr 10 Lereler's iis1rucr 01sJ are oa1t o1 It" s Deed o1 -rust: Powers of Trustee. n add 11or to ell cowers o' "rus1ee a1is·rg as a matter o' law. -ru~lee shal' t"ave 1t"e oower to take 1t-e follow rg actiors wit'1 respect 10 111e P·ooe, 1y ,.,,:,01 t'>e written reques1 al Le-ide· a-id G·anto·. (aJ JO r in p-eoari-.9 a")() 'ilrg a r-ap o· ola1 ot t'le C=teal D-ope•ry. rcuo119 ne deoicat1or o' sr•ee1s or 01t"e· ·g,1s tu tl'e pcJOtic; lbl J01n h g·a-i1.h9 a1y ease-ent o• c•ei,r "9 e-~ resr ci o, 01 c'le l'!ea Prope•ty; a-o (c! 10 --a-iv subo1d·rat"o, or 01'-er agreemeri affecf-g 1h,s Deect o• ~-ust or t'le i-ire,es1 o! Lerder u-der 1r-·s Deed of ~r,.,s,. Description: King,fiA Document -Year.Month.Day.DocID 2005.114.2586 Page: 6 0£ 9 Order: 001 Comment: First American Title • First American Title DEED OF TRUST (Continued) Page 7 Obli9atio11& to Notily. -11 ... s1ee sl'\all rol be obligated 10 rioti'v 11ry ol"ier p11•1y ot II oend rg sa e urder a·w oiher m.1sl deed o• 1,e,, or ot arv eclior o, ptoceMing ii which Gran10•, le.,der, o· frus1ee sl'aN be a 011r1y, 1.J1less reoL.-red by aopl,cao1e 'aw, o· u"lless t~e actior o· o·oceecling is b•oug'lt bv T·us1ee. Tru,1.ee. ·,us tee 5~a I -eet all oua1 Hca1ions reou r,:d 'or • rustee u-der app icabl11 law. n add rio., 10 ,.,e rig~ts ard 1emeoies sei lonh above. wii'I ·espec! 1-0 all or iny oarl ol rhe Prooenv, 1he Trustee shall !'ave 11"8 dgt-1 to to·ec ose by ,01ice B'ld sale, a,d Leider snail '1,wa 1"\e right to 'oreclose by jumcial 'o-eelosure, h e·r,-e, case in acco,oarce wi1'1 a,d 10 1~e lul eX1er1 o·twided by ac,ol cabe law. Succassor Truslfle. Lender, e1 lerder"s opfo~. may I-om t•me lo Cima appohl a successor [·us1ee to a.y rn,s1ee appo rted u,de• this Deed o' T·us1 by a, insmnnen1 executed a,a acboNledged b~ LC'"lder a,d ,eco·ded h 1'le ottice o' 1ne reco·der ol '<""19 Coi.Jnly, State ul Wes'•ington. f'"18 l'lst•i.Jment st-a I co,tah, n adaition to al 01'\e• mane·s ·eou,red by s1a1e law, t'le narres o• t'le 0·1·1ra Lende•. "ri.Jstoo, an! Gra"IOr, ('le tloo~ a-,,d oage or i'ie Aud'to·'s Fie Nu-ber wiere lt'l°s Deed o' -n,s1 is MCOrded. a,d tt-e ,ame e~d a(](Vegs or tile SoJccessor 1rus1.ae, erd tho rs1•u-e'11 s'lol be execu1ed and ac~row e::lged by Le'l(le· o· iis successo•s m 'lrerest. -i-e successo• 1•ustee. Wil'lOut c.orweyarce o' 1-ie Prooeny, shall succeed 10 a I t'le Iii.le, power. and dulies con1e'"ed voor-t'1e T•ustec in 11' s Deed of T·oJSi ind o~ app icehle taw. T'lis procedu•e to• suosttut O'l o' Trvsree st-a govc•ri 10 1l'e exc vsior of a'I orher pr<ivjsions to· subs1 1u1 on. NOTICES. S1.Jb1ec1 10 eoplicat:Jla law. a-id excepr to• 1olice reqcii•ed or allowed by aw 10 be-g,va, ir a'loll-\cr manrer, .ary ~01ice requ,•ed 10 he g,ve, unt.ie· 1t-·s Deed ot T·v,.1. •nclud rg wilhou1 im tatior-anv not ce ot defao.1lr ard a'ly ro1ice of sale sh1 I be g ve-. -w· frg. ard stiall be cHecr·va wner actua ly dehve•ed, wt-e, aclua Iv received by 1ele'scs mi e 111r ess olherv,, se •e,quired by aw). v.hc, rleoos red w ti-a rraliorally recogr ,ed overoi9'11 covr,e·. o,, i' Tai ell. whcr deoos;lecl n r'le Ur red Sre1es ma 1, as f"rs1 c ass. ceri;'ied o• ·eg S18fed -all oos1age orepa,d. d,·ecied 10 1'1e addresses st-ow, near 11->e beg',ning ot lhis Deed of Tr~st. A'I cop·es ol "'Klt"ces of 'oreclosv·e 'ro-r,e 'mldei or a-.~ ien v.t-ct-"as oriori1y o-,er this Deed ol T1us1 s'lal t:Je sen! 10 Lande• s address, es s.,owr rea· t'la beg,'lnit1g of mis Deed o' -rust. Ary oa11y rr:i,y c'1arge iLS a(ldress ·o· nonces u~der 1Ns Deed o' -,crs1 by giv,,g lormal Nrirren ro1ce to 1/le ott-e· oaraes, speciry,'lg •ht 1t-e pL.lrpose al the rorice is lo ct-a,ge the pa·rv·s aad•ess. Fo· nolice pu·ooses, G•a.,to, eg-ees 10 keep Ler-der -'(mnet.l al al 1-es o' G·a,101 ~ c,..,rer1 address. Serb/eel 10 apol cable !ew. al'ld excep1 'or Mt'ce requi·ea or allowed by law 10 bf! g ver in a110t'ler merire·. ,t 1t-e·e ·s mo·e rha'l ore G1a,tor, a'l~ rot'ce giver by lenOOf ro cny Gr8r1or s dee11ed lo bf! ro1icc g ver 10 ell Gn1riors RELEASE OF COLLATERAL. -he Bank w ll 1eq,.i•e adeova1e corsidera1ion for t'le release of col!a1e·aJ. The CO'lS de·ac"o, st"a Ibo Cle1if'ied es se"enty pe•cent 170.00%1 o' a I proceat.ls '1am sala o' 01!sl or 'ldivu~r orooer1ies. MISCELLANEOUS PROVISIONS. -i-e fo lowing miscellarie~us p·ov sions a·e a pat I of 1his Deed o• -·usl: Ameroclmenu. r·s Deet.l of !rust, Logec'ler w ti-ariy Rela1ec Doc1Jmen1s. const,tutea the e,1i·e u"'lderstarding ll'ld agreem1m1 or 1he part"es as 10 the r-a11ers se1 10111 in 11-s Deed o' /rust. No alteri:11 on o' or ament.lTeri to 11' s Deed o' T•oJsr st-a I oe e"Jec1ive ur-en g·ver ·n w• riag ard signed by 1he party o• pan es socrg"lt 10 he cnarged o· bourd hy 1'le a 1e•at o, or emerxl-ent. Annual Roporu. It 1'1e Prooerly s user, 'or ourpo•,es 01'ler ti-a-, Ciranor's residerce. Ora'!ro• s"lal 'urn sh 10 tenoer. upt>n request, a certi'ieCI staie.-ert o' re1 opera1ing inco-e ·eceved from 11-e P•oper1y do.Jril'\Q G111nro· s previous 1 seal yea· iri S\JC"I torm ar-d deta I as terCler shan reou·,c. ·'lie, operati,g ,,come" s'lal mea-, ell cash rece'ots fror-the Ptc>pe"IY ess all cast-exoo'lt.i·1u·es ,rade in cor,ecr,on w 1t-tl'e oot>r~iior-ot L"e f'rooerlf. Caption Headi11ga. Cap1,on hearlings ·r l'lis De!i"d o' -,us, a·e 'or co-,.renience Oo.Jrposes only aml e·e "lOI 10 be used lo in1f'rp•et or de'j"'le the PfOv,siors of I his Deed or frv&r. M11r1111r. rt-e·e S'1al be l'IO me•ger ol 1ha ir1e·es1 or ,·sMle created ov rnis Deed or r·ua, w 11" any othe· rie-esl o· estate r 1'le 0·ope•1y at any 1·roe 'lelrl by or 'or ll'e llenetit of Lent.ler ir arv caoacirv. witt-o.it the w1h1cn co,serit of leMer. Govemi119 Law. This Deed of Trusl will b9 governed by !ederal lew applioable to Lerider and, to lha e.xtanl not preemp1ed by federal law, the laws of the Stale of Washlrig1011 without regard ID its corifllcts ot law provisions. This Deed ot Trust hes been accepted by Lerider !ri 1~e State of Washingt<m. Choica, of Venue. I' t'lere ,s a ewsuit, G,u,ror agrees upo-i le,oer's reouesl Lo suom;1 ro 11'8 jo.Jrisdict o-. o' l'le courts ol K rg Courtv. S1a1e ol Washir910r. Joi11t •nd Sever11I Liability. AH ob ·get o-.a o1 Borrower erd Gral'to· uider t'lis Deed al rrcrs1 s'lllll be 10 rt arid several, ard all reterences rn G·a,10• shall rr-ear each al'ld every Gran10,. arirl all •e'erel'lces lo Bor•owe-shall mear eac, nd eve-ry Boriower. T'lis -ea"lS rt-at flac'i Sorrower a,d Grarior 1g-ihg beow s resoorsible ror aU obiigatioris r tr s Deea of Tn,sl. No WaiWI" by L1:1nder. lent.le· st-all -,,01 be deemed lo ia11e waived a,~ rigtts unde• t'>is Deer, of Trusl unless sue~ wever is give'l in wri1i-,,g a'l(I signer, by Le,oe•. No ,1elay or o-issior on 1hc pan o' Lerder in exerc':si"lQ a'ly rigt-1 s'lel operare as a wa,ve· o' such righ1 or a,v ot~e· 1•gh1. A waiv<.1· bv Le'lae· ot a orovis,on ot 1t-·s OeM ot T·ust sriall "0! orejuaice o· co~st1ule a waive• o' le-dnr"s rigt-1 01t-e•wise 10 ae-ard suicc corrpiance Niih t~a1 1:rovrsior o• <mv 011-e· orovis Of'I ot l'lis Deeo at -, JSt. No o· o· waver b)' Le"lde'. no· a-.v tourse o' deal rg boiwee1 loarder a'ld G·a,10•. shall cor-st"\v1e a waVt:.· of a-.y or Le-.aar 5 rig~1& or o• ariy o' Grartor's ob;get"ois as 10 e"y 'c11u·e trarisac1iors. Wnel'leve· lhe COl'ISenl ol Lenr,e• s requi·ed ur-der !hs Deed o' "roJsl, 1t-e grart rg ot suot-corsert by Lende· in a-,,v iristerice st-a '101 •:O'l$!,1ute COfltOnu rg corise-,1 10 subsequen, ·ns1a-,ces w'lere so.1cl' car.Ser( ·s ·equirec ard r a I cases scrch coraer t ma,,. be gra'lte(! or w t1"'1eld ,r Ille so a d"scretion of Lerder. Savermbilily. If a court or compe1e-.1 iurisd cl"or I rds a,y provis 01 al t'1is Deed o• -rust to oe i lega, i"lval'd, or ui(mtorceatlle as 10 ary oersor or ci•cc1ms1a~ce. tt-a1 1,nd rg s'lel ,01 ma~e 1.he olie"Kling oroY sion i legal, ·nvahd. or unen1o·ceable as 10 a,v 01t-e· oersor o• circ11msc;1'lce ' feasible. 1'le otle-,,d rg orov·s,on s~a toe corsiClerM -o(f;I et.l so t"8t it beco-es egal. val Cl and erlorceable. It 1'1.e o"e!ld rg p-ovisior Ca'lno1 be~ 11odi'ied, i\ shall he CO'"ls·cie·ed de e1ed '·om lh,s Deed ol T·crsL. uriiess 01t-c•wose •eauired ov law. t'ia ii ega il'I, i1walidi\y or t.lre1'orcsab Lty ot a'lv orov·s on o' 1., s Deed of -r~t S'1al -,,oi a"ect tl'e 1ega'ly, vahdiry or enlo·ce.abil 1f o' ary olt-e· p•ovisior or ms Deea of Trus1. Sl.Jce11SSOF$ a11d AU.i$illns. Sub1ec1 10 ary I mital!O'lS ,;11:11ed i, tt-is Deec o' -,ust on i·e-.aler al G•a'ltor s inte·est 11" s Deed or Trus1 S'la1 be t:J ,rling vco'l and ·,ure w 1he b8llefn o' 1he part•es. 1te·r succell$ors a"l(l au·g,s. ' owre·sr p or 1'18 "rope·ty heco.,,es vested i, a person 01~e-l~a, Oranto•. Lerd<.1r. wiL'ldut 001,ce to Grar10,. -ay dea w•t" Gra'ltor's svccessors w 11' relere-.ce co t'l1s Deed o' T•uSt and tt-e lr-dabtedness by way ol to·oeara.-.ce 01 e>;1e-is o-,, wilhout -e1easing C•ari1or tro-the ob iga1iors at t"lis Deed oJ [rusr or ·1aoi1 !y under 1t-e 1->debtedress. Time is ol the ~tence, -ime ·so' 1'le esserce ,rime pe.r'ormance of r'lis Deet ol -,vst. Walvt Jury. AU l)llrti&s to this Dead oi Trusl he,eby waive the right to ariy jury 'bial in &l'ly ae(ion. proceedi119, or couriterclaim brought by any party against any other party, Waiver of l-lomestead Exomptlori. Grar1or "lereby ·, eases and waives all rigt-ts and he'lelns o' 1-.e hO-esteed Description: King,WA Document -Year.Month.Day.DocID 2005. 714.2.586 Page: 7 of 9 Order: 001 Comment: First American Title First American Title DEED OF TRUST (Continued) e~e'Tlotior laws of 1'1e S1ate o' Was"li-.g1on <IS lo all lnoeb,ed,ess secu•ed by t'lis Deed of-rust. 2005071.400258', Page 8 DEFINITIONS. r"le 'o towhg caoita zed words and 1e•-s st-a "lave ire lol ow rg meariirgs wt-er used i, t'lis Deed o' -,ust. U""J'ess specif,ca1ly sta1ed lo t"le con1nry, a refe·e-ces to oo· ar a-ouns. sial -ea"l a-o,mt~ r •awtu -01ey o' t"le u,,re-d Slates of America. Words and 1e,,.-s useo r r'le s rqu ar s'lal inc'ude l'le plo.ra, and me oh.1·dl shal i,c1ude r'le s, ... guui,. as ti-e conteXl may req1..11re. Wo·ds 1nd \er!"S 101 011-e•w se de",,eo r t'li~ Deeo o• l1us1. sh1111 'lave 1'ie meanirgs aw·b .. ted ro sucli Lerms r the Ur !0"""1 Comme·c·a CMe: Bimeliciltry. -re wo•d ·Be'\a'icia•v' mears "'uge, Sou,d Bar-!<.. ard 1.s successors e,d ass gns. Borrower. T~e wora ·sorrowe1 -ea,s CBS '-'A"-IDLEcY LLC ard ·-eludes al" cos g,c,rs a1(l co ,o~ers s g-·-g tl'e No1e. Deed of Trusl. r'le words Deed ol T•usr" mee, t'lis Deed o' -rusl amorg Grartor. Le,ae,, a,a -,ustce. a-d i,ckides witt"out r-,1a1io, a ass,gn-ne,t a1d sccu··ty i,1ere&1 orovsior-s rera1i19 10 t'le <>erso1al <>•ooerty nd Re-,s. Deh1ult. Tt-e wo•d -oe1auh' means ,'le De'autl set 'o•rtl r ,r·s Oaea or rius1 ir ire sec1,01 r ,·ea De'aulr. Environmental Laws. -re words "l"v;•onmemal Laws' -ea" ary ero e I o-1a1e, ledera ero local s1a1u1es regulatiors a,d 01d"ra,ces re ati1g to 1re orotect 01 ol r-uma, neelth or T"le env ·o-r-eri. re udhg wil'lour !ir11a1ior t'le Con-p-e'lensive [rv··o'lme'l!al "'esoorsc Comoersa110-. a'ld Lall'ity Ac1 o' 1990 as ame,ded, n2 u.S.C. Sec1ior 9601, et seq. t'CERCLA·i ,~a Superfund A-,rdmems ard "leaut'lo·,a1ior Ac\ ol "986. outi. t. \lo. 99 "99 1"SAPA' l, !"le .. a,ardm,s Mau .. -:a s r·a,soo• lat o-Act, 49 u.S.C Seer o-. '801. et seq., 11-e 'leso1.1•ce Co-.servatiO<' and Recove'y Act .112 U.S.C. Sectior-6!W'. et sao., o· 01'lB• aop icabe sce,e o· 'erleral laws, •u es, or •cgu1a1iors adool.ed oursua-L t"ere10. Even! ot Default. T'le words ·'Even\ o' Oelau1t·· mea-. a-v of t~e eve-i1s o• de•al.J r set tor1h r 1" s Deed o• Trus1 'n 1re e"'errs of delauh sect O'l o• T'lis Deed ot -rust. Grentor. -he word Grar,or'· -eara CHARlES T HANDlEv ~-d B"IENDA l HANDLEv. Ouerantor. 1~e wo-a "Cua·a1ro·" Tears arv gua·a1tor, su-ery o• accoT-oda1,o-pa,v of ary Of al o' r-,e 'rdebtedflcss Gue,.nty. The wo·d 'Guar.arry" mea,s ire guaraniy '•om Gua,a-1or ro Lerder, re udrnci w tl-01.or 1o-11a1ion a gue-111tv o• al o· p:,·t o' t"le 'I.Jore. He:zardous Substances. r'le words ··,-alatdous Subs1a-ices-~ean matena!s r'la1, because o· ll"e r oua-ithv. co-.cenl•al o, or phvs'ca. ct-e,ical or i-i'ecnous c.ra·acce•,s1ics. mav cause 01 pose a preserol o· 001er!lal he,a·d to ~uman ~ea"t'l o· rile ervro"lme11 wher ,mprooerly llSSd. 1rea1ed. sto·ed, d sposed of, ge1era\ed ma,utaco,red. L·a1soo-1ed o· or'lerw·se h11d ed. "he ,...o•ds "Ha,a·docrs Sulls1arces· ere used ,r t'leir ver~ 01oad9s1 S8llS8 ard ,re uae wiitout im'ial 01 a1y a1d al 'laza·dous or toi,;'c subs1a1ces. materia"s 0< waste as ae1ined by or 1srcd 1.J1oe· ,~e l;1vin;,--e1tal laws. -he 1e•-"Haza·dous Subsla-ces" a so '-,eludes. w,\!-oul ,m·1a1,o-i. oe1-oteum ard pe1-o•ecrm Oy·oraducts or any tract1or ,tie·eo' a,d asbestos. lmprovemen1s. he word 'l-p•ovemen1s" mea,s al e,(st,,g ard 1utu·e irorove-e'ltS. ou·ldi,gs, srcrc11,•cs, -otii e l\o-es affixed o-i t~e Rei,1 "'-ooerry. lac·t ,·9s, addtiors ·eolaeemems a.d olt"e< cor-s1ruc, o-o-1re Qca· Proper Iv. lndeb1edness. r-.e wo·d "lrdeb1edJ'ess--ers ,re i,acb1e<1ress eviderceO llv tile No1e, i,cluolng al p"'ncipal ara: hterest, 109e1J-e· w 11' a or'-ier r-deb1edness a,d cos1s ard exDBrses lo· w'iich G·a,ro· 1s ·esoorsible un1e· t'"iis Agreemem or urder ary of ,re Related Docu...,e -t-S. , ado 1ion. 1r-e wo·(l ' J'(1ebied,ess · re udcs all oL"e· obl;ga1iors, creots and· ab·1;1;,a9, p1us '~1e·esr r-iereor, o• Gramer. o• a,r ore o--ore o• tliem. 10 Le1Uer, as we I as a I dai-s ov Le-oer ftgaiost G·a110•. or arv ore O' -o•e o' 1~em. w'le!t-e• CK s1,nq now or au;,r-wre, .. e. rrey are volur1a•y o• 'n11011J .. tar,;, d.ie o· nol due. a,•ec\ o· i,aorecr, ab&o ute or cont rger,. 'quida1co or 1.1,1 quida1ea; w"ethe• Granor mar be iable ;,diYioual~ o, jo'-t'y wiri ot~e·s· w'"ic1re· Grartor -ay be obigared as gua·a .. co,. su·eiv, acco-modat'on pa·1y o· 01'\erwise· w'1e1he• ·ecove·v uoo, suet· i1deo1cdncss -ay oe or t"e·ealte· mav become ba··ecl by arv sratute o• i""I tatiors; ard w'1e1t-e· such :~l'.lebtea-ess "'>l!Y oe o· t"e·ealte· rnav becoTe or~e,w·se ure,'o·ceable .. Lender. -tie wo1d Leraei· menrs 0uget Souid Bark, ilS SllCCessors a-id ass·grs. Note. r'le word · Note -ea"ls ,i-e o·omisso1y role claw.I Ju r 12 2005. in the original principal amount of $1,015,000.00 f•om Bor•o.ve· lo Lerde·. toge1'ler with al ·enew~·s o', e.:1e1sons o' -oai'carons o'. re'i1arc r9s ol, co.so ica1 01s of. a,d subs1uutiors •or the p·omisso•y ro1c or ag1ee-e,1. ·re maturity date o1 t'lis Deed o• ·r1.ost s Jeruary t. 2007. NOTICE. TO GRANTOR: THE. NOTE CONTAINS A VARIABL~ INTEREST RATE. Peraon11I Property. r~e words '"ersonal "·opc•ry" -ear al eocr·ome1t, 1iKlwes a,d <.1\her a·rc1es ol oe·so1a1 properly row or te·eafte• owned tly (i-ar,to·. a-cl row o· 'lereal1e• attach8d or all i,;ed to rt-e Rea' P,ope"ty; \oger"ler with a I accessiors. p&"ts. llrl'.l adait'ons 10. d" ·eolece"Y!e-1s al, a1d al scrbs1,t1.ol o-is 'or. arv or such. oropertv: ard 1oger'le< wit'l al issues e-m pro•rs r~ereor e-d arocceds {i1clcrdrg w1'lout 1=-;1a1ior all i,su,erce o-oceecls arl'.l ·e'uras o• otem·u.,,sl I-om a-y sale o· ott-e-d,sposilior of l"'e Prooerty. Property. -he word 'Prooet\y' mean& corec, ~e y L'le ~a· Prooer1~ a-d 1h1 Perao-ra· P1ooer1;. Real Property. 1't-e wo-as "lea• Prooef\v mea111-e ·ea p·opc·ry rte·~ts a1d • 9'l1s, as 1urrre-dcscrrbed ·rt'" s Deed o• --us1. Releud Documents. ~re wo·ds "'elated Oocumon1s mea1 nu o·orrisso-~ nores. c·ad I agreernerr&, loan ag·ee~e-ts, ervoro-.memal ag•ee-e-1s. gua,art es, seclfritv ag•eer-e-t&. -o•tgeges, deeds o' 1r1,s1. securi1y deeds co lateral -o·tgages, ard all 01he· r-srru...,e-1:s, a9·eerna,1s arc documeris. wte1--.er row or re·ee'1c· ex s1i19. execu1ed r co1recr'o1 w tt-1~e l,debtearess. Renl:i.. -he v.o-.:1 ·qens' fl"ears all oresent and 'u1u·e ·e,1s ·eve1ves, rcome. ,ss1;es 1oya t,es, orot rs. ard 01"e· bene111s cte··ved '·om t'le <>rope·ry. Trustoe. rte word· r·crs[ee' -eans 0~=1c lllortrwest Tue Compary. whose mal,rg address s "3920 SE Eastga1e Wav, Suite 210, Bel evue. WA 98005 and ary sut>sflu1e or successo1 eus1ees. Description: King,NA Document -Year.Month.Day.DocID 2005. 714.2586 Page: 8 of 9 Order: 001 Comment: First American Title First American Title DEED OF TRUST (Cor1tinued) 2006071AJ)t)2!;8i:: .. : .. Page 9 EACH ORANTOR ACKNOWLEDGES HAVING Rl'AD All THE PROVISIONS OF THIS DEED Of TRUST, AND EACH 0RANT0R AGREES TO ITS TERMS. GRANTOR; STATE OF COUNTY Of BRUCE C. NALDER STATE OF WASHINGTON NOT ARY -0--PUBLIC wcrn.iv S~ON E'(P 'llSOl 10-0~ INDIVIDUAL ACKNOWLEDGMENT JSS I Or t'lis dav be1ora ,e, l"le 1.J"lde-s g-ied l\lo1arv <>LJblic. personally appce•ed CHARLES T HANDLEY and BRENDA L HANDLEY, paraora Iv 1<nowr ro me or pr,c,veo 10 me ori Ll'e basis o' aa1is1actorv ev"dence 10 tie l~e i'l<lviduas aesc·bed l"l and wro axecurea ehe Deeo o! h.1s1. anc ~ckro, .. e(lged ll'a11'\ey sogned 1-.a Dee(j o' rrusl a,s tt·e·r tree and v0lurta-y act and deed, lor t..,e LISBS a"ld pu·oosr.s 111,,·e·r men1iored. Given under m"jl hand .and otf<eial seal this :;,~ day of~/ __ , 20 OS ,Yx' . / J/.Q..J________ RN;di,,., ~Tu !:!~1ifitcthmQEJi 4!/1 My commission expires / --CO Q.i::_ REQUEST FOR FULL RECONVEYANCE To: , f•,is1cc ri-e u,dersigned ,s 1he legal owne· and /'older ol a I 1tdeb16d-ess secured by 11' s Deed o' r·us:. You are he•etiv reques1ed, upon o,wme,1 o• all sums owing 10 vou 10 r1,corvcv w ll'out warranty, 10 tl'e pe·so"ls enblled 1'\ereto, 1he rigl't. i:1 e and inlerest now held by VOL.I urder t'le Deed o• T·usr. Date: Benel;ciary: --------- By:--------- lU.: """'""''-"''"0000!<_,...,.fl, _ _.,..,_"""'"'°"' ••~.,,, _ _, ,-,,,,o<.~·OO•<'"'""'' Description: King, WA Document -Year.Month.Day.DocID 2005. 714.2586 Page: 9 0£ 9 Order: 001 Comment: First American Title • First American Title 8. Exception_09a_200903: 11077 2009032/UUlUf I.-- RETURN ADDRESS: Puget Sound Bonk 10500 NE 81h Sueet, s,.ite 1aoo Bellevue, WA 98004 Dllllllill,111 ~l1l 1il1l~I I 20090327001077 PACIFIC NW TIT l'IDT 44.00 PACE801 OF 083 03/2712089 14: 1!!1 KING COUNTY, WA MODIFICATION OF DEED OF TRUST Reference# (if applicable): 20050714002586 Grantor(sl: 1. CBS Handley, LLC Granteelsl 1. Puget Sound Bank Legal Description: Ptn. NW 1/4 SE 1/4, S 15, T 23, A 5 Assessor's Tax Parcel ID#: 152305-9067-02 Additional on page ~ PACJF!C NORTrWitsr TiP £ 5CJ1groy~ p Additional on page 2 THIS MODIFICATION OF DEED OF TRUST dated March 19, 2009, is made and executed between CBS Handley. LLC, A Washington Limited Liability Company. whose address is 19503 SE 138TH PL. RENTON, WA 98059 ("Granto,~) and Puget Sound Bank. whose address is 10500 IVE 8th Street, Suite 1800, Bellevue, WA 98004 ("lender"). Description: King,WA Document -Year.Month.Day.DocID 2009.327.1077 Page: 1 of 3 Order: 001 Comment: First American Title Fi;st American Title MODIFICATION OF DEED OF TRUST (Continued} 20090327001077 Page 2 DEED OF TRUST. Lender and Gr.antor have entered imo a Deed of Trvs, daied July 12, 200S !the "Deed of Trus1"i which hes been recorded in King Cot>nty, Stale of Washington, as tollows: RECORDED ON JULV 14. 2005, UNDER AUDITOR'S FILE NO. 20050714002586, IN KING COUNTY, STATE OF WASHINGTON. RE.AL PROPERTY DESCRIPTION. The Deed of Twst covers tne follow,ng described real property located ,n King Couritv. State ot Washington: The West h-,lf of the Nonheast Quarter of the Nor1hwest Quarter ol 1he Southeast Oua.ner of Section °L 5, Township 23 North, Range 5 Eest. W.M., in King Couoty, Washington: Less the North 170 feet ot the East 170 feet; And less ;h,11 portion deeded ;o King County under recording no. 200309050004 17. !ALSO known as pon.ior"> ot legal Loi Status No. L03M0026). The Real Propeny or its add,ess js commonly known as. 14425 1361h Street SE, Renton, WA The Real Property tax identification number is 152305·9067-02. · MODIFICATION. lender and Grantor hereby modify the Oeed ol Trust as follows: Modify the vesting of the Oei.d ol Trust frorn Charles T. Hendley and Brer1de L. Handley to: CBS HANDLEY. LLC, A WASHINGTON LIMITED LIABlL\TY COMAPN'!'. Modify the Pareel Te~ No. to 152305-9067·02. Modify Release of Collateral Provision in Deed of Trust to: Tha Bank will require adequate eonsiderolion for the release of eolla1erel. The eonsideration shall ba defined as one-hundred p11reent (100%) of an riet pro.ceeds from se\~ of lot(s) or individuel properties. lntorest Rato. This is a variabhi rate loari but under no clrcumstances will the interest rate on the Note be less tha<> 5.750% per annum or more than the maximum rate allowed by eppllcable law. Maturity Date. The mat1.lrity data of this Deed of Trust is extvr>ded to October 15, 2009. CONTINUING VALIDITY. E:,ccept n express1y modilied above, the terms ot the original Deed of Trust shall remain unchanged and in lull force ar,d effect. Consent by Lender ta this Modification does not wai11e lerider's right ta require snlct performance of the Deed ol Trust as changed above nor obligate lender to make any iuture modifications. Nothing in this Modification shall constitute a satisfaction ot 1he promissory no1e or other crndit agreement secured by the Deed o1 Trust !the "Nate"). It is the intention of Lender to retain as liable all parties to the Deed of Trust and all parties. makers and eridorsers to the Nate, including accommodation pan.K's. unless a party is e,;press\y released by leMer in writing. Any maker or endorser. including accommodation makers. shall not be released by virtue of this Modification. If any person who signed the original Deed o! Trust does no! sign this Modification. then all persons s;gnir,g below acknowledge that !his M<ldi1ication is given condirionally, based on the rep1csentatlon to Lender that the non-signing person consents to the changes and provisions of this Maditication or athe1wise will not be released by it. This waiver .ipplies r.ot only to any initial extension or modit,cation, but also to all such subsequent actions. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MODIFICATION OF DEED OF TRUST AND GRANTOR AGREES TO ITS TERMS. THIS MODIF!CAT!ON OF DEED OF TRUST IS DATED MARCH 19. 2009. GRANTOR: CBS HANDLEY, LLC LENDER: Deseription: King,H'A Doeument -Year.Honth.Day.DocID 2009.327.1077 Page: 2 o£ 3 Order: 001 Comment: First American Title F~st American Title MODIFICATION OF DEED OF TRUST (Continued) LIMITED LIABILITY COMPANY ACKNOWLEDGMENT LIMITED LIABILITY C OWLEDGMENT STATEDF LIJA R~l~ )SS COUNTY OF~-----· I 20090327001077 · Page 3 On thia . 1)/f!:: dav of l{flAllL . , 20 I}~ , before me. the undersigned Notary Pubhc, personalty appeared Bronda L. HandJoy, M1ma!ii)ing Member of CBS~y, LLC, and personally known to me or proved to me on the basis of 13-9\isfactory evidence to be a member or design11ted agent of the limited liabilil'( company that executed the Modification of Deed of Trust and acknowleciged the Modification to be the free and voh,mtary act and deed of the limited liability thority of statute, ils a11icles of organization or its operatirlg agreement, for the uses and purpose and on oath stated ttiat he or she is authorized to exec thls Modification and ·1n fact executed If of the limited liabi1,!y company. Bv Re$iding et ./~ ~ Mv commission upires 2-ML STATEOFW~_ COUNTY OF "~----S•,~------- ISS On this ~ day of ~ , 20 Q_.i__, before me, the undersigned Notary Public, personally appeared David Stegmoler and personally known to me or proved to mo on the basis of satisfactory evidence to be th1:1 Vice Prnsid1mt. 11uthorized agent for Pugot S01,ind Bank that exec1Jted the within aod foregoing instrument and ac~nowledgecf said insttl.Jment to be the free and voluntary act and deed of Puget Sound B811k, duly authorized by Puget Sound Bank through its board of directors or otherwise, for the uses a"O purposes therein mentionnd, and on oath stated that he or she is authorized to execute this sa,d instrument and in fact executed this sai 'n5trumen1 on bchall of PL19et Sound Bank. By ~ ~ Residlngot~,WA Notary Public in and for 1he State of WA-My commission expires{,;_· L 7 -2-,o l / LASER PRO Leni:ling, Ver. 5.43.00.003 Copr. Kerlend Financial Solutions, Inc. 1997, 2009. All Rights Reserved. WA H:\CFI\LPL\G202.FC TR-67f PR-4 Description: King,WA Document -Year.Month.Day.DocID 2009.327.1077 Page: 3 of 3 Order: 001 Comment: First American TIiie RECEIPT EG00024324 BILLING CONT ACT Jay Grubb Barghausen Consulting Engineers 18215 72ND AVES KENT, WA 98032 REFERENCE NUMBER FEE NAME I LUA 14-000730 I PLAN -Lot Line Adjustment Printed On: 6/9/2014 Prepared By: Rocale Timmons t-rf ------... t\ City of r1 tor1 TRANSACTION TYPE f Fee Payment Transaction Date: June 05, 2014 PAYMENT METHOD Fheck #83341 SUB TOTAL TOTAL AMOUNT PAID $450.00 $450.00 '-------' $450.00 Page 1 of 2