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HomeMy WebLinkAboutMiscPROJECT REQUEST FORM
PLANNING/BUILDING/PUBLIC WORKS
CONTACT: ;:z;,,;-G,os.ey EXT. zeB!3
I FILE STATUS I M NEW OR D EXISTfNG: FILE CODE (PRI-XX-XXXX)
! LOCATION / D My Work Space: / D File Bay Shelf#: !)(°Other:
PRoJEcrNAME/ FILE nrLE:G~v .5;:6.0/15?,i:'.'.YZr R.a-r
(70 characters max)
UTILITY PERMIT# _______ LUA# WO# _______ _
ADDREss1sTREETNAMEcsi Se: l92No .ti,kre_d,kf?!l .:5&'.. \
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Circle Size of Waterline:
Circle Size of Sewerline:
Circle Size of Stormline:
8"
8"
1")11
IO"
1 O" .
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12"
12"
L4"
Circle One:
' .
Circle One
CHECK EACH DISCIPLINE INVOLVED IN PROJECT
D TED
D TRO
D WWP
D WTR
D SWP
D _,,.P
(off site improvements)
(Signalization, Channzg
(sanitary sewer fn', include basin name)
(CIP onlyXinclude basin name)
(For Developer Files Only)
Ltr
D
D
D
New / Replace/ Extension---+
New /Replace/ Extension
New / Replace/ Extension
Drwg
(include TESC)
D
D
D
(inc. composite & Horizonta!Ctrl)
D
D (letter only)
PLEASE CffiCLE THE DISCIPLINES WHICH NEED TO SIGN MYLARS
WATER WASTEWATER SURFACE WATER TRANSPORTATION FIRE
FOR FILE MAINTAINANCE USE ONLY
File Codes File Alias Date Entered and Labels Made
' --·'
I
lumber AKA Gurdev Singh Short Plat LUA09-010
Retain site restoration bond pending verification that the 3 required trees were retained on-site
2 street trees are to be installed on Lot 1 {presumably not installed so installation bond followed by 3-
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King County
Department of Development
and Environmental Services
900 Oakesdale Avenue Southwest
Renton, WA 98057-5212
206-296-6600 TIY 206·296·7217
www.kingcounty.gov
May 12, 2008
Jennifer Toth Henning ·
Planning Manager
1055 South Grady Way
Renton, WA 98057
RE: Engineering Plan Approval Recommendation to the City of Renton
Singh Short Subdivision (Files LOSS0009 and L06SR010)
Dear Ms. Henning:
The Department of Development and Environmental Services (ODES) has completed our review of
engineering plans for the Singh short subdivision. The short plat received preliminary approval by King
County on Octo.ber 28, 2005 and the property is now located in the recent annexation area of Renton along
SE 192nd Street. Our review of the project .was completed prior to annexation but is now being processed
by King County under the terms of the Interlocal Agreement (]A} between ODES and the City.
Pursuant to the Interlocal Agreement, we are forwarding the engineering plans to your office. We are
recommending the City concur with our approval of the plans because they are consistent with the
applicable standards and regulations for which the development is conditioned. Once we receive your
recommendation and the applicant submits the required inspection fees and bonding, we will approve the
engineering plans for construction.
For your convenience, we are including key project file information that may assist in your review of these
plans. A Site and Restoration Bond will be posted with the County to guarantee the work is completed
according to permit conditions. It is our understanding subsequent reviews and inspections related to this
project will be continued by the County, on be-half of the City of Renton. The staff contact for our Land
Use Inspection section is Jody Conyers, Project Manager, via email at jody.conyers@kingcounty.gov.
If you have questions or need any additional information, please do not hesitate to contact me at (206) 296-
7178 or via email at jim.sanders@kingcounty.gov.
ames Sanders, P .E.
Development Engineer
cc: Jody Conyers, Project Manager
Peter Dye, Senior Engineer
.. ~
r l Carrie Olson -Singh Short Subdivision (L05S0009 & L06SR010)
From:
To:
Date:
Subject:
Kayren Kittrick
Sanders, Jim
05/21/2008 3:08:19 PM
Singh Short Subdivision (L05S0009 & L06SR010)
Dear Mr. Sanders,
After review of the Singh Short Subdivision plans and documents, the City of Renton agrees with King
County stairs recommendation to approve for construction.
Please have the developer provide two (2) additional copies of the plan set for our files.
If there are any questions, please do not hesitate to contact me.
Kayren K. Kittrick
Development Eng. Supervisor
Permits & Inspections
Development Services Division
(425) 430-7299
Page 11
.---------------------
I Carrie Olson -Gurdev Singh Short Plat -L05S0009
From:
To:
Date:
Subject:
Carrie Olson
Simmons, Pat
06/19/2008 10:05:29 AM
Gurdev Singh Short Plat -L05S0009
Hi Pat, Thanks for the e-mail requesting the City's input on this short plat. No changes to the short plat
drawing have been requested. The only item the City requires is a separate Deed of Dedication
document granting the dedicated area of street right-of-way (12' X 134') to the City of Renton. Using the
attached forms, please ask the applicant to fill out and provide a brief legal description on the first page, a
full legal description on the Exhibit A page signed and stamped by a licenced surveyor, and a map exhibit.
Also, please have the applicant fill out the REETA Form required by the County. Have the applicant "open
with" Adobe. Maybe you could just e-mail these instructions and forms to him. If he has any difficulty or
question, have him call me. Thanks again.
Carrie K. Olson
Development Services
City of Renton
425-430-7235
CC: Kittrick, Kayren
Page 11
Return Address:
City Clerk's Office
City of Renton
I 05 5 South Grady Way
Renton, WA 98055
DEED OF DEDICATION
Project File#:
Property Tax Parcel Number:
Street Intersection:
Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ .
Grantor(s): Grantee(s):
I. I. Citv of Renton, a Municioal Cornoration
LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page )
The Granter, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as
named above, the above described real estate situated in the County of King, State of Washington.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below.
Approved and Accepted Bv:
Grantor(s): Grantee(s): City of Renton
Mayor
City Clerk
INDIVIDUAL FORM OF STA TE OF WASHINGTON ) ss
ACKNOWLEDGMENT COUNTY OF KING )
I certify that I know or have satisfactory evidence that
Notary Seal must be within box signed this instrument and
acknowledged it to be his/her/their free and voluntary act for the uses and purposes
mentioned in the instrument.
Notary Public in and for the State of Washington
Notary (Print)
My appointment expires:
Dated:
Hfom,s/xxxFRM/AGREE/FORM DEED.DOC\ MSOffice Page 1 FORM 04 0001/bh
Exhibit A
Legal Description
Hfonns/xxxFRM/AGREE/FORM DEED.DOC\ MSOflice Pagel
Project:
WO#
PID
GRANTOR:
Street:
FORM 04 0001/bh
Map Exhibit
HforrnslxxxFRM/AGREEIFORM DEED.DOC\ MSOffice Page 3 FORM 04 0001/bh
I Carrie Olson -FORM REETA Instructions to Applicant.doc
A REETA form is required to be sent with the Deed of Dedication at the time of
recording. Please fill out the Grantorportion of the attached document(!), include tax
parcel numbers (3), brieflegal description (4), sign (8), and return to me with the signed
and notarized deed. Don't change or fill in anything else. The City will pay the fees.
Page 1l
'Nvenue ~"-••• REAL ESTATE EXCISE TAX AFFIDAVIT Th;sronn;syoumce;pt
PLEASE TYPE OR PRINT CHAPTER 82.45 RCW -CHAPTER 458-61 A WAC when stamped by cashier.
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED
(See back ofl11St page for instructions)
Check bcuc if artial sale of
City/State/Zip ____ _
Phone No. (including area code)
If multi le owners list rcenta e of ownershi next to name.
Name Cit of Renton
~ ~ Mailing Address 1055 South Grady Way
a:i ~ City/State/Zip Renton, WA 98057
" Phone No. (including area code)
List all real and penonal property tax parcel account
numbers -check box if personal property List assessed value(s)
N~, ---------------------Portion of tax parcel #(s)
Mailing Address-----------------
City/Staie/Zip
Phone No. (iooludins area code)
II Street address of property:----------------------------------------
This property is located in Renton
D Check bolt if any oflhe listed parceb are being iiegregated from a larger parcel.
Legal description of property (if more space is needed, you may attach a separate sheet to esch page of the affidavit)
Select Land Use Code s :
45-Highway 110d street right of way
enter any additional codes: Code 45 only: Slreel Right-of-Way
(See back of last page for instructions)
YES NO
Is this property exempt from property tax per chapter
84.36 RCW {nonprofit organization)?
D 0
YES
Is this propMy designated as forest land per chapter 84.33 RCW? D
ls chis~ dassified ascum::nt use (open space, fiinn and D
agricultuml, or timber) land per chaptCI' 8434?
ls chis~ receiving special vallllllim m historical property D
per chapter 8416 RCWl
If llll)' answen are yes, axnplete as instructed below.
NO
0
IZl
0
(I) NCYnCE OF CONTINUANCE (FORESI' LAND OR CURRENT USE)
NEW OWNER(S): To continue the current designation as forest land or
classification as current use (open space, fimn and agriculture, octimbcr)
land, you must 1l1n on (3) btlow. The county assessor must then determine
if the land transferred continues to qualify and will indicate by signing below.
If the land no longer qualifies or you do not wish to continue the designation
or classification, it will be removed and the compensating or additional taxes
will be due and payable by the seller or transferor at the time ofsa1e. (RCW
84.33.140 orRCW 84.34.!08). Prior to signing (3)below,you may contact
your local cowity assessor for more infonnation.
This land O docs D docs not qualify for continuance.
DEPUTY ASSESSOR DA TE
(2) NOTICE OF COMPLlANCE (HISTORIC PROPER1Y)
NEW OWNER(S): To continue special valuation as historic property,
sign (J) below. If the new owner{s) does not wish to continue, all
additional tax calculated pursuant to chapter 84.26 RCW, shall be due
and payable by the seller or transferor at the time of sale.
(3) OWNER(S) SIGNATURE
PRINT NAME
List all personal property (tangible and intangible) included in selling
price.
If claiming an exemption, list WAC number and reason for exemption:
WAC No. (Section/Subsection) _4~S8=_.~1~A~-20=5~(4~) ________ _
Reason for exemption
Type ofDocument _D_ee<l __ of_Ded_<a_lio_n ____________ _
Date of Document-------------------
Gross Selling Price $, ____________ _
'Personal Property (deduct) $, ____________ _
Exemption Claimed (deduct) $, ____________ _
Taxable Selling Price S, ____________ o_.o_o
Excise Tax: State S, ___________ ~O~,O~O
0.0050 j Local $'----------~'~-'~'
'Delinquent Interest: State $, ____________ _
Local $, ____________ _
'Delinquent Penalty $, ____________ _
Subtotal S, __________ ~o~.oc_o
'State Technology Fee S, ___________ 5_._oo_
• Affidavit Processing Fee $. ____________ _
Total Due S, __________ _c1~0~.ooc_
A MINIMUM OF 510,00 IS DUE IN FEE(S) AND/OR TAX
'SEE INSTRUCTIONS
I CERTIFY UNDER PENAL TY OF PERJURY TIIAT THE FOREGOING IS TRUE AND CORRECT,
Signature of
Grantor or Grantor's A1en1 ____________ _
Name (print) __________________ _
Date & city of signing:
Signature of
Grantee or Grantee'• A&rnt ______________ _
Name (print) Denis Law, Mayor
Date & city of signing: , Renton
Perjury: Perjwy is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum tenn ofnot more than five years, or by
a fine in an amowtt fixed by the cowt ofnot more than five thousand dollars (S5JKl0.00lz or by both imprisorunent and fine (RCW 9A.20.020 (IC)).
REV 84 0001ae (al cos10SJ01) THIS SPACE -TREASURER'S USE ONLY COUNTY TREASURE
®
King County
Department of Development
and Environmental Services
900 Oakesdale A venue Southwest
Renton, WA 98055-1219
October 28 ,. 2005
Kuldip Sint, Tumber
19100 104 Place SE
Renton, WA 98055
RE: Preliminary Approval for Short Subdivision No. L05S0009
Dear Mr. Singh Tumber:
The Land Use Services Division (LUSD) has completed review of the short subdivision
application captioned above. The LUSD finds that the proposed short subdivision complies with
the King County Land Segregation Code (Title 19A), Zoning Code (Title 21A), and other
applicable codes as specified in King County Code (KCC) 19A.08.060.
The short subdivision is granted preliminary approval subject to the Conditions of Preliminary
Approval attached hereto and incorporated herein by reference .. Any aggrieved party may appeal
this decision by the appeal deadline,. which is November 14, 2005. The appeal procedure.is
enclosed.for your information. The preliminary approval is valid for a period of 60 months from·
the date of this letter, unless an appeal is filed. In the event that an appeal is filed, the preliminary
approval is valid for a period of 60 months from the date of the appeal decision. Enclosed are the
following: ·
• Notice of-Decision
• Conditions of Preliminary Approval
• Appeal Procedure
If you have any questions regarding this Jetter, please contact Fereshteh Dehkordi, Program
Manager, at (206) 296-7173 and Curt Foster, Engineer, at (206) 296-7106;
'-'"m:Sanders, Development Engineer
Engineering Review Section, LUSD
Enclosures
'i:'!!P1~~
Current Planning Section, LUSD .
cc: Terry Wilson, Cramer Northwest, Inc.
Applicant File
1etter.frm/CoverLtr2000.SP.doc 3/9/00
A.
B.
KING COUNTY
DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES
LAND USE SERVICES DIVISION
900 Oakesdale Avenue Southwest
Renton, WA 98055-1219
. REPORT AND DECISION
SHORT SUBDIVISION File No. L05S0009
DESCRIPTION OF THE PROPOSED SHORT SUBDIVISION: .
This is' a short subdivision of a .55 acre-parcel into four lots for detached single-family
dwellings in the R-8 zone. The proposed density is 7 dwelling units per acre. The
proposed lot sizes range from approximately 4300 to 6000 square feet. . Refer to
Attachment 1 for a copy of the short plat map.
GENERAL INFORMATION:
Owner/ Applicant:
Engineer:
STR:
Location:
Zoning:
Acreage:
Number of Lots:
Lot Size:
Proposed Use:
Sewage Disposal:
Water Supply:
. Fire District:
School District:
Kuldip Sln~h Tumber
19100 1041 Place SE
Renton, WA 98055
Cramer Northwest,. Inc.
Terry Wilson
945 N Central Avenue, Suite 1·04
Kent, WA 98032
SE '/4 32-23-05
11328 SE 192"d Street, Renton
R-8
.55 acre
4
Ranges from 4300 to 6000 square.feet
Residential
Soos Creek Water and Sewer District
Soos Creek Water and Sewer District
40
Renton
Complete Application Date: March 10, 2005
Associated Application: Road Variance File No. L05V0045
K.C. D.D.E.S.
C. . HISTORY and BACKGROUND
The Subdivision Technical Committee (STC) of King County has conducted an on-site
examination of the subject property. The STC has discussed the proposed
development with the applicant to clarify technical details of the application, and to
determine the. compatibility of this project with applicable King County plans, codes; and
other official documents regulating this development.
Report and Decision L05S0009.
lo7Ff2oS7
D.
. E.
F.
As a result of preliminary discussions, the applicant presented the Technical Committee
with a r~vised site plan on July 14, 2005. The primary modification includes a revision
to the private access tract to meet the King County Road Standards.
NATURAL ENVIRONMENT
1. Topography: The site is relatively flat. The west half slopes down gently from
northeast to southwest. .
2. Soils: One soil type is found on this site per King County Soil Survey, 1973.
The entire site is classified AgB. The foilowing are AgB characteristics:
AgB -Alderwood gravely, sandy loam; 0-6% slopes. Runoff is slow and the
erosion hazard is slight. This soil type has a moderate limitation for low building
foundations due to a seasonally high water table, and severe limitations for
septic tank filter fields due to very slow permeability in the substratum.
3. · Wetland/streams: According to the King County Sensitive Areas Folio, no
mappt;ld hydrographic features exist .on this site. Panther Creek runs
approximately half a mile west of the site. The site lies within the Black River
drainage basin. . · · ·
4. Vegetation: This site Is overgrown by lawn and there a few fruit trees scattered
throughout the site.
5. · Wildlife: Small birds and animals may inhabit this site however their population ·
arid species are limited due to nearby development. No threatened or
endangered species are known to. exist on or near the property.
6. Mapped Sensitive Areas: The Sensitive Areas. Folio does not identify any
mapped sensitive areas as being preseAt on this site .
NEIGHBORHOOD CHARACTERISTICS:
The property lies within the designated Urban Area east of the city of Renton. The site
and the s~rrouriding properties are zoned Residential with 8 dwelling unit per acre. The
neighboring properties.are developed with residential structures. The site contains a
house which will be removed. · ·
DESIGN FEATURES
1. Density, Lot Pattern, Comprehensive Plan: The site's assigned density is eight
dwelling units pe(acre. The proposed density is in compliance with the density of
the zone. The site Is located In the "urban • area as designated by the King
C~unty Comprehensive Plan.
2. Ac~ess and Roadway Section: The applicant proposes to access the lots via a ·
Private Access Tract (PAT) extending north from SE 192nd Street into the site.
All lots will have direct access to the PAT. A road variance (KC File L05V0045)
· .from the intersection spacing requirements was approved by King County
Department of Transportation (see Attachment 2).
3. Drainage: The site's drainage generally sheet flows from the north to the south.
A "Targeted Drainage Review, Category 2" is required because the existing
drainage system must be modified to collect and convey drainage along .the
property frontage. , The proposed on-site improvements appear to qualify for
small-site Best Management Practices (BMP's). ·
Report and Decision . LOSS0009
G.
H.
I.
J.
PUBLIC SERVICES
1. Sewage Disposal: The applicant proposes to serve the subject subdivision by
means of a public sewer system managed by Soos Creek Water and Sewer
District. A Certificate Sewer Availability, dated February 1, 2005, · indicates this
sewer district's capability to serve the proposed development.
2. Water Supply: The applicant proposes to serve the subject subdivision with a
public water supply and distribution system managed by Soos Creek Water and
Sewer District. A certificate of Water Availability, dated February 1, 2005,
indicates this sewer district's capability to serve the proposed development.
3. School facilities: .The subject subdivision wm be served by Benson Hill
Elementary, Nelson Junior High, and Lindberg Senior High Schools, all located
within the Renton School District. The District has indicated that the future ·
students from this subdivision will walk to the elementary school. The students
will be bussed to both Junior and Senior High schools.
. . . .
The walkway to the elementary school consist of pedestrian path along SE 192"d
Street and sidewalks along 113u, way SE all the way to.the Elementary school·
site. The Junior High school students will be picked up at the intersection of SE
192"d and 113u, Way SE. The High School students will be picked up at the ·
intersection of SE 192"d Street and 116u, Avenue SE. there are pedestrian path
along SE 192"d to. both intersections. Additionally, theta will be sidewalks
constructed along the frontage of the site which will provide additional safe
walking conditions for all pedestrians.
SEPA THRESHOLD DETERMINATION:
Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C, the responsible
official of the Land Use Services Division (LUSD) issued a threshold determination of
non-significance (DNS) for the proposed development ori October 28, 2005. This
· determination was based on the review of the environmental checklist and supporting
documentation filed with the application, resulting in the conclusion that the proposal
would not cause probable significant adverse impacts on the environment.
FINDINGS/CONCLUSIONS:
The subject subdivision will comply with the goals and objectives of the King County
Comprehensive Plan and will comply with the requirements of the Subdivision and
Zoning Codes and other official land use controls of King County (i.e. 1993 King County
Road Standards, 2005 Surface Water Design Manual, etc.), based upon the conditions
for final short plat approval.
DECISION:
Proposed Short Plat revised and received July 14, 2005 as described by Attachment 1
of this report is granted preliminary approval subject to the following con.ditions of final
approval:·
1.
2.
3.
4.
The proposal shall Compliance with all platting provisions of Title 19A. of the
King County Code, ·
All persons having an ownership interest in the subject property shall sign on the
face of the final short subdivision.
All utilities within proposed rights-of-way must be included within a franchise
approved by the King County Council prior to final short plat recording
2005 King County Surface Water Design Manual (SWDM-The following are
drainage conditions applied to this proposal: .· . .
Report and Decision L05S0009 ·
,' ..
( ,...,, -
-...----~
A; TARGETED DRAINAGE REVIEW
· The proposed short subdivision requires a Category #2 Targeted
Drainage Review as outlined in Chapter 1.1.2.2 in the Surface Water
Design Manual. The existing drainage system must be modified to collect
and, c.onvey drainage along the property frontage.
B. . .ON-SITE BMP's
The proposed on-site improvements appear to qualify for small site
drainage BMP's as outlined in Appendix C of the Surface Water Design
Manual. .
5. 1993 King County Road Standards -Final short plat approval shall require full
compliance with the provisions set forth in the 1993 KCRS, including engineering
plans for all road improvemerits. The engineering plans shall be prepared by a
· professional civil engineer licensed in the state of Washington. DDES strongly
recommends that the engineering plans be submitted at least two years prior to
the expiration date of the project. The following conditions_apply to this short plat
unless a variance pursuant to the variance· procedures in KCRS 1.08 is obtained
or otherwise approved by DDES:
A. . Frontage improvements along SE 192nd Street shall be designed to
Urban Principal Arterial Standards per KCRS Section 2;02. These
Jmprovemerits shall extend along the entire frontage of the site and make
standard-connections to adjacent improvements. ·
B. Forty-two feet 9f Right-of-Way (ROW) width shall be dedicated north of
the .SE 192nd Street R/W centerline, along the frontage of the site.
D.
E.
F.
G.
H.
I.
Appropriate pavement tapers and pavem·entstriping shall extend east and
. west of the project's frontage.
A Road Variance (KC File Number L05V0049) was granted for
io!ersection spacing with the condition that the private access tract be .
locatecfaf the center of the property frontage. Additionally, approval was
granted for a reduced stopping_slghtdistance .
. ._ ... ' ·,: ·.:., .. -.. ,·:.!. "-· ·· .. ,.' .-. ,. , ....... -...... ,,., .I
Rockeries, luminaires and utilities.located along the frontage of the site
shall be re!ocated; redesigned or removed to match the ultimate roadway
design of SE 192nd Street without creating roadside obstacles per KCRS
Section 5.11 .
The proposed Private Access Tract (PAT) shall be revised to allow
adequate access width (20 feet minimum, measured from the point of
curve) to lots 1 and 4. This will requires shortening the length of the
panhandle portion Lots 2 and 3.
The PAT shall be constructed per KCRS Section 2.09.B.
There shall be no direct vehicular access to or from SE 192"d Street from·
those lots which abut it. A note to this effect shall appear on the
. engineering plans and final short plat.
The following Notes shall be shown of the final recorded short subdivision
(1) Warning: King County has no responsibility to build: improve, maintain
or otherwise service the private access road contained within or provide
service to the property described in this subdivision.
(2) All private easements and or tracts to be maintained, repaired and/or
rebuilt by the owners of the parcels having legal access there from and
their heirs. assigns or successors, unless and until such roads are
improved to King County Road standards and are dedicated and accepted
by King County for maintenance. ·
. Report and Decision L05S0009
6. Health (KCC 13)-Thls project is exempt from further King County Heath
Department review. However, if improvements are required froni the Sewer
and/or the Water District, then verification shall be required.from said District(s)
that the improvements have been bonded and/or installed, prior to final recording ·
of the short plat.
7. Building and Construction Standards /Title 16)-The applicant shall comply with
all applicable provisions of KCC 16.82;
8. Fire Code {KCC 17) -Section 902 of the 1997 Edition of Uniform Fire Code-The ·
Fire Engineering approval is granted as proposed.
9. Density and Dimensions (KCC 21 A.12) -All lots shi:ill meet the density and
dimensions requirements of the R-8 zone classification or shall be as shown on
the face of the approved preliminary short subdivision, whichever is larger. Minor
revisions to the short subdivision, which do not result in substantial changes
and/Cir do not create additional lots may be approved at the discretion 0f the
Department of Development and Environmental Services.
10. · The existing house on ttie site shaU be removed prior tb the final approval and recording. ·-...... ,,-. ____ ............. --···'"'" ............. -............ -.... ,.-..•.•. , ........... , ....... ,.•,.· ...... , ..
. 11
,,0 a.,"••'·' ,,,..,·,,,;;o,<-),,•
Street Trees (KCC 21A.16)-Street trees shall be provided as follows (per KCRS
5.03 and KCC 21A.16.050):
A.
B.
C.
D.
E.
F.
G.
H.
Trees shall be flanted at a rate of one tree for every 40 feet of frontage
along SE 192" Street and.the private tract where it can l>e .
accommodated. Spacing may be modified to accommodate sight
distance requirements for driveways and intersections.
Trees shall be located within the street right-of-way and planted in
accordance with Drawing No, 5-009 of the 1993 King County Road ..
Standards, unless King County Department of Transportation determines
that trees should not be located in the street right-of-way.
If King County determines that the required street trees should not be
located within the.right-of-way, they shall be located no more than 20 feet
from the street right-of-way line.
The trees shall be owned and maintained by the abutting lot owners or the
homeowners association or other workable organization unless the
County has adopted a maintenance program. Ownership and
maintenance shall be noted on the face of the final recorded plat.
The species of trees shall be approved by ODES if located within the
right-of-way, and shall not include poplar, cottonwood, soft maples, gum,
any fruit-bearing trees, or any other tree or shrub wh.ose roots are likely to
obstruct sanitary or storm sewers, or that is not compatible with overhead
utility lines. · ·
The applicant shall submit a street tree plan and bond quantity sheet for
review and approval by DOES prior to engineering plan approval. · ·
The applicant shall contact Metro Service Planning at 684-1622 to
determine if SE 192"d Street is on a bus route. If it is a bus route, the
streettree plan shall also be reviewed by Metro.
The street trees must be installed and inspected, or a performance bond·
posted prior to recording,of the plat. If a performance bond is poste9, the.·
street trees must be installed and inspected within one year of recording
of the plat. At the time of inspection, if the trees are found t? be installed .
per the approved plan, a maintenance bond must be submitted or the . .
Report and Decision · L05S0009 ·
I , •
,,
..
performance bond replaced with a maintenance bond, and held for one
year. After one year, the maintenance bond· may be released after DDES
has completed a second inspection and determined that the trees have
been kept healthy and thriving.
12. Road Mitigation Payment System -The applicant or subsequent owner shall
comply with Road Mitigation Payment System (MPS), King County Code 14.75,
by.paying the required MPS fee and administration fee as determined by King
County Department of Transportation. The applicant has an option to either:
A. Pay the MPS fee at final short plat recording. If th.is option is chosen, the
fee paid shall be the fee in effect at the time of short plat application and a
note shall be placed on the face of the short plat that reads, "All fees
required by King County code .14. 75, Mitigation Payment System (MPS)
have been paid." Or
B. Pay the MPS fee at the time of building permit issuance. If this option is
chosen,.the fee paid shall be the amount in effect as of the date of the
building permit application. ·
Other Considerations
A. Preliminary approval of this application does not limit the applicant's
responsibility lo obtain any required permit or license from the State or other
regulatory body. This may include, but not be limited to, obtaining a forest
practice permit, an HPA permit, building permits, and other types of entitlements
as necessitated _by circumstances ..
B. The short subdivision shall conform to KCC 16.82 relating to grading on private
property.. · · ·
C. Development of the subject property may require registration with the
Washington State Department of Licensing, Real Estate Division
Parties and Persons of Interest:
CRAMER NORTHWEST LLC . . . . .
LARRY KRUEGER 945 N CENTRAL STE 104 KENT, WA 98032
TUMBER, KULDIP SINGH
19100 104TH PL SE RENTON, WA98055
CLAUSSEN. KIM PROGRAM MANAGER Ill
COOPER, TED PRELIMINARY REVIEW ENGINEER·
DEHKORDI, FERESHTEH PROJECT MANAGER II
FOSTER, CURT SR. ENGINEER
Report and Decision L05S0009
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OF TH£ sourHEAST OIJARTER OF~J2. TOWNSHIP 2J
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AS SHOWN ON TH£ Pt.AT OF CH _ N'. RIDGf. R£CORO£D
IN \Q..UME 159 OF Pl.A.TS. AT PMCS /~ R£C0RDS OF
KING COUNrY, WA.SHINm'OH. · ~ ' c-
LEGAL DESCRIPTION:
· LOT Z. SHORT PLAT NO. 482007, ACCOROING TO TH£ SHORT F
REDORDCD UNDER RECORDING NO. 8303080870, R£CORDS OF
KING COUN1'Y.. WASHWGTON.
NOTES:
1. AIOMAIEM'S ~ WSl1ED ON 3-4-04-.
2. SOM£ SURROUNOING H0US£S WfRE SCM.£0 FROM
0.0.U WEB. SITE.
VERTICAL DATUM:
tiofflH.~ VERl'JCU. 04.TW OF 1988 •
BEN~-
. KING coutff'! 8£HCHUMK ~ 5809
F00HD cot«:RE1E' AIOMJM£NT W/ TACK IN L£U> AT SOU1HEASl
CORNER OF SEC110H J2. TOWHSHJP 2J HORTH. RANGE S E'AS1
EUVAJXW .• ~H.98 U.S. F£CT. -.
SlTE BENCHM.ARK:
·SIJE'~";."
TOP C£H1ER BOLT OH FIRE HYDRNlf
EUVAnoH • :no.2J ~S. FE'E.T •
SlT£ BENCHMARK "tr
RBI OF SEWER MANHOLE
~JJON • 50Z.97 U.S. f"EEr.
CONTOUR INTERVAL:
2.00 . U.S. FEEr.
LEGEND:
Q FOUNO REBAR W/ NO CAP AS D£SCR1B£D
@ SNinmf 50m WNIOL.E
1111 ·~JCH 8o\SJH
!REVISION .. FIR£-
• IMTER VAL\,£
121 WA1£R' llEfER Lo~sooot m G4S' IICTFR
1111 POWER AIEJER lpJ IEtlEIWIE~ :(;): unurr POU
J, GVY ANCHOR JUL 142005
0 WHr POU t<.C. D.D.E.S.
m £l..£C1R1CAL.. BOX
• BOUARD
• D£CIOOOUS TR££
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Appeallnformation and Parties of Record
RIGHT TO APPEAL
This action may be appealed in writing to the King County Hearing Examiner, with a fee of
$250 (check payable to King County Office of Finance). ·
· · As required by KCC 20.20.090 and 20.24.090, the appeal period shall be fourteen (14
calendar days and shall commence on the third day after the noUce of decision is mailed.
Filing an appeal requires actual delivery. to the King County Land Use Services Division prior
.to the close of business (4:30 p.m.) on November 14, 2005. Prior mailing is not sufficient if
actual receipt by the Division does not occur within the applicable time period. The Examiner
does not have authority to extend the time period unless the Division is not open on the
specified closing date, in which event delivery prior to the close of business on the next
business day is sufficient to meet the filing requirement.
If a timely Notice of Appeal has been filed, the appellant shall file a statement of appeal within
a 21-day calendar period commencing three days after the notice of decision is mailed. The
statement of appeal shaUidentify the decision being appealed (including file number)and the
alleged errors in that decision. . ·
The statement of appeal shall state: 1) specific reasons why the decision should be reversed
or modified; and 2) the harm suffered or anticipated by the appellant, and the relief sought.
The scope of an appeal shall be based on matters or issues raised.in the statement of appeal.
Failure to timely file a notice of appeal, appeal fee, or statement of appeal deprives the
Examiner of jurisdiction to consider the appeal. ·
Appeals must be submitted to the Department of Development and Environmental Services,
addressed as follows:
LAND USE APPEAL
Land Use Services Division
Department of Development and Environmental Services
BlackRiver Corporate Park ·
900 Oakesdale Avenue Southwest
Renton, WA 98055-1219
Any party may make a request for a pre-hearing conference'.· For more information regarding
appeal proceedings and pre-hearing conferences, please contact the Office of the Examiner
for a Citizens' Guide to the Examiner Hearings and/or read KCC 20.20 and 20.24.
Report and Decision · L05S0009
~~;7t~~:~~: ~
: ..... 1:1(,tt;~{; . -~'~."
-1
I
I
SUBDIVISION GUARANTEE
Guarantee No.: SG-2631-10613
Order Number. 200497497
Reference Number. SINGH
Effective bate: October 24, 2007 at
Subdivision Guarantee:
Sales Tax:
Total:
$200.00
$17.60
$ 217.60
OWNERS: GURDEV SINGH AND KULDIP S. TUMBER, EACH AS A SEPARATE ESTATE
LEGAL DESCRIPTION:
LOT 2, SHORT PLAT NUMBER 482007, ACCORDING TO THE SHORT PLAT RECORDED
UNDER RECORDING NUMBER 8303080870, RECORDS OF KING COUNTY,
WASHINGTON.
SUBJEC:J" TO:
1. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: SOOS CREEK WATER AND SEWER DISTRICT
AND: WILSON 2 X PARTNERS
RECORDED: JULY 29, 1994
RECORDING NUMBER: 9407292564
PURPOSE: DEVELOPER EXTENSION REIMBURSEMENT
AGREEMENT
2. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND
PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE SHORT
PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8303080870.
3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR: GURDEV SINGH AND SURJIT KAUR, HUSBAND AND
TRUSTEE:
BENEFICIARY:
AMO.LINT:
DATED:
RECORDED:
RECORDING NO.:
Guarantee No: SG-2631-10613
WIFE
PRLAP, INC.
BANK OF AMERICA, NA
$240,000.00
JUNE 23, 2004
JUNE 25, 2004
20040625002233
f5) [E tC LE ~ WI LE rrJ1
lJll NOV 1 5 2007 [W
K.C. D.D.E.S.
stewart
~title guaranty company
Lo7r,eos 7
SUBDMSION GUARANTEE
4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR: GURDEV SINGH AND SURJIT KAUR, HUSBAND AND
TRUSTEE:
BENEFICIARY:
AM08NT:
DATED:
RECORDED:
RECORDING NO.:
WIFE
· PRLAP, INC.
BANK OF AMERICA, N.A.
$45,000.00
JUNE 23, 2004
JUNE 25, 2004
20040625002234
5. NOTE A: GENERAL TAXES FOR THE YEAR 2007 WHICH HAVE BEEN PAID.
AMOl!JNT: $4,152.06
LEVY:CODE: 4260
TAX ACCOUNT NO.: 322305-9038-07
ASSESSED VALUATION:
LAND: $208,000.00
IMPROVEMENTS: $130,000.00
. Guara~ No: $~2631-10613 stewar1
~tltle guaranty company
SUBDIVISION GUARANTEE
The Company's liability for this report is Umlted to the compensation received. This report Is
based on the Company's property records, and no nabllity Is assumed for Items misindexed
or not Indexed in the public records, or for matters which would be disclosed by an inquiry of
parties In I possession or by an accurate survey or inspection of the premises. This report
and the legal desaiption given herein are based upon information supplied by the applicant
as to the location and Identification of the premises in question, and no liability is assumed
for any discrepancies resulting therefrom. This report does not represent either a
commitment to insure title, an examination of or opinion as to the sufficiency or effect-of the
matters shown, or an opinion as to the marketability of title to the subject premises.
I certify this is a true accurate reflection of those documents on file at the King County Court
House, Seattle, Washington as of the date and time referenced above.
Don Peters
:dp
Guarantee' No: SG-2631-10613 stewarf
~title guaranty company
ste\Nart®
cstitle guaranty company
Subdivision Guarantee
The County of KING
within which said subdivision is located in a sum not exceeding $1000.00
N0-200497497
Fee.$200.00
Subdivision Map of
Tract No.
Consisting of Sheet (s)
and any City
That, according tp those public records which, under the recording laws, impart constructive notice of matters affecting the title
to the land includ~d within the exterior boundary shown on the map of the above referenced subdivision, the only parties having
any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the
certificates consenting to the recordation of said map and offering for dedicatio~treets, roads, avenues and other ease-
ments offered fol dedication by said map are: "'
n. ....... ...,. """"'"' " .... ,.., " "' ~ """"
' Signed under seal for the Company, but this Guarantee is to be valid only when U bears an authorized countersignature.
Stewart• ~--compony ~~~ Pres1 nt
Countersigned: .
Amho~~~rur~ • (,; • CC<
STEWART TTTI.E
-:= SG-1572 10613
SUBDMSION GUARANTEE CLTA NO. 14 (Rl,V.4-10-75) PLEASE M . .I\IL TO HOUSTON-POLICY ACCOUNTING
-,
SUBDIVISION GUARANTEE
Guarantee No.: SG-1572-10613
Order Number: 200497497
Reference Number: SINGH
Effective Date: October 5, 2004
Subdivision Guarantee:
Sales Tax:
Total:
$200.00
$17.60
$ 217.60
OWNERS: GURDEV SINGH AND KULDIP S TUMBER, EACH AS A SEPARATE ESTATE
LEGAL DESCRIPTION:
LOT 2, SHORT PLAT NUMBER 482007, ACCORDING TO THE SHORT PLAT RECORDED
UNDER RECORDING NUMBER 8303080870, RECORDS OF KING COUNTY,
WASHINGTON.
SUBJECT TO:
1. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
BETWEEN: SOOS CREEK WATER AND SEWER DISTRICT
AND: WILSON 2 X PARTNERS
RECORDED: JULY 29, 1994
RECORDING NUMBER: 9407292564
PURPOSE: DEVELOPER EXTENSION REIMBURSEMENT
AGREEMENT
2. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND
PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE SHORT
PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8303080870.
3. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30r".
THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31 5r.
YEAR: 2004
AMOUNT BILLED: $2,705.96
AMOUNT PAID: $1,352.98
AMOUNT DUE: $1,352.98, PLUS INTEREST AND PENAL TY,
IF DELINQUENT
LEVY CODE:
TAX ACCOUNT NO.:
ASSESSED VALUATION:
LAND:
IMPROVEMENTS:
Guarantee No: SG-1572-10613
4260
322305-9038-07
$ 84,000.00
$127,000.00
SUBDIVISION GUARANTEE
4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR: GURDEV SINGH AND SURJIT KAUR, HUSBAND AND
TRUSTEE:
BENEFICIARY:
AMOUNT:
DATED:
RECORDED:
RECORDING NO.:
WIFE
PRLAP, INC.
BANK OF AMERICA, N.A.
$240,000.00
JUNE 23, 2004
JUNE 25, 2004
20040625002233
5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR: GURDEV SINGH AND SURJIT KAUR, HUSBAND AND
TRUSTEE:
BENEFICIARY
AMOUNT:
DATED:
RECORDED:
RECORDING NO.:
Guarantee No: SG-1572-
WIFE
PRLAP, INC.
BANK OF AMERICA, N.A.
$45,000.00
JUNE 23, 2004
JUNE 25, 2004
20040625002234
SUBDIVISION GUARANTEE
The Company's liability for this report is limited to the compensation received. This report is
based on the Company's property records, and no liability is assumed for items misindexed
or not indexed in the public records, or for matters which would be disclosed by an inquiry of
parties in possession or by an accurate survey or inspection of the premises. This report
and the legal description given herein are based upon information supplied by the applicant
as to the location and identification of the premises in question, and no liability is assumed
for any discrepancies resulting therefrom. This report does not represent either a
commitment to insure title, an examination of or opinion as to the sufficiency or effect of the
matters shown, or an opinion as to the marketability of title to the subject premises.
I certify this is a true accurate reflection of those documents on file at the King County Court
House, Seattle, Washington as of the date and time referenced above.
Sunny Johnson
:de
Guarantee No: SG-1572-
----------------------
ORDER NO:. 200497497
N
SE. 192Nl. ST. --
... -., .a.... <:--
This sketch is provided without charge for information. It is net intended to show all matters related to the property including, but not
limited to area, dimensions, encroachments or locations of boundaries. It's not a part of, nor does it modify, the commitment or policy
to which it is attached. The company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an
accurate survey for furth~r infonnation.
c§!:ewart 18000 International Boulevard South, Suite 510
SeaTac, Washington 98188
206-770-8700 + 888-896-1443
fax 206-770-8703 • 253-882-2033
COPIES OF DOCUMENTS
ORDER NUMBER: 200497497
FOR PROPERTY ADDRESS:
11328 SOUTHEAST 192ND STREET, RENTON, WA 98055
20040625002232.001
APTER RECORDING MAIL TO
GURDEV SINGH
11328 SE 192ND STREET
RENTON, WA 98055 II ~111~11111111111
20040625002232
Piled for Record at Request of
Phoenix Escrow, Inc
Escrow Number 4019542
PAGE9C!l 1 OF Z STEWART Tl1 "'° za "
08/25/2884 I ,41
ICING COUNTY, WA
E2050022
86/21/2184 15:32 KjNG COUNTi, LIA
••~~ nldal :8 PAGEI01 DF ee1
Statutory Warranty Deed
r :'\ "001.j 'i(~lpl-f
~ARTTITLE
Grantor(s) BINH YEN KIM
Granlee(s) GURDEV SINGH, SURJIT KAUR
Abbreviated Legal· SHORT PLAT 482007, REC NO 8303080870
Addltwnal legal(s) on page
Assessor's Tax Parcel Numbcr(s) 322305-9038-07
THE GRANTOR BINH YEN KIM, a marnecl person as her separate estate
for and m co11S1deranon of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
m hand patd, conveys and warrants to GURDEV SINGH and SURJIT KAUR, husband and wife
the followms descnbed real estate, situated m the County of KING , State of Waslnngton
LOT 2, SHORT PLAT NUMBER 482007,ACCORDING TO THE SHORT PLAT RECORDED UNDER
RECORDING NUMBER 8303080870, RECORDS OF KING COUNTY, WASHINGTON
See Attached Bxh.tbit A
Dated this 23rd day of une , 2004
'
By ______________ By _____________ _
SfATBOP WASHINGTON } SS
County of ~K~IN~G~--------}
l certify that I know or have sansfactory evidence that ~Bl~N~H~Y~E~N~K~IM~--------
IS the person who appeared before me, and said person acknowledged that she
signed thts instrument "iru:i"acknowledge 1t to be her free and voluntary act for the uses and pu'"'rpo"--ses--
ment:J.oncd m thts 1nstnunent
Dated Juno -,2J/-tJ1 ~ Yh, ./( ,,,.i
MARSHA BOYD ~
Notary Pubhc m and for the State of WASHINGTON
ResJ.dmg at ... R.,,E,.,NT.:.:O"'N'-=--------
My appomtmeDl expires 3/~2~9/~2~0~06~-----
Exhibit A
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, PROVISIONS AND
AGREEMENTS AS ATIACHED HERETO AS EXHIBIT "A" AND BY THIS REFERENCE
MADE A PART HEREOF
REFERENCE TO THE ABOVE IDENTIFIED DOCUMENTS SHOULD BE MADE FOR FULL
PARTICULARS
SUBJECT TO
AGREEMENT AND THE TERMS AND CONDITIONS THEREOF
. BETWEEN SOOS CREEK WATER AND SEWER DISTRICT
AND WILSON 2 X PARTNERS
RECORDED JULY 29, 1994
RECORDING NO 9407292564
PURPOSE DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT
20040625002232.002
2 RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS
CONTAINED AND/OR DELINEATED ON THE FACE OF THE SHOAT PLAT RECORDED UNDER KING
COUNTY RECORDING NO 8303080870
""'' 2
20040915001172.001
1111111111111111
20040915001172
Retum to.
Knld1p s Tnmher
19100 104th Pl, SE
™"!&\l"~R oco •• ..
119!15ihi'4 i2, ••
ICJ:NG COUNTY, WA
E2069804
"' 115/2194 12 158 KtNG COUNTY, I.IA
Renton, wa 98055 ~: ,,H;WI: PAGElll OF Ill
QUIT CLAIM DEED
.A-PACIFIC NORTIIWEST TITLE
THEGRANfOR Gurdev Singh & SurJit Kau H&W
for and m cons1dcratlon of no cons1derat1on love and effection only
conveys and qu11 claims to Gurdev Singh and Kuldip S. Tumber, as separate
Estate.
the following described real estate, situated in the County of King
State of Washihgton, together with all after acqutred utle of the grantor(s) therein
Lot 2, Short plat number 482007, according to the short plat
recorded under recording number 8303080870, records of King
County, wasmington.
•
Add11tonal on page __
Assessor's Tax Parcel ID# 322305-9038-07
Dated 0'1114/2004
" Cw,.,.., s,"" o/'.b
X S~, t(&-0__
STATE OF WASHINGTON, }
ss
County of J>KJ.J iiou;g~---
1 hereby certify that I know or have satisfactory evidence
that Gurdev Sl ngb & S11r;1 j t Kan and
i N01.1ry k.11 ,
I
I
is the pcnon(s) who appeared before me, and said penon(s) acknowledged that (he, she, they) signed thi,
instrument and ackJ'lowlc:dgcd ii to be (his, her, lhcir) free and voluntary act for the uses and pUfPOSCS mentioned
in this instrument
Dated, ___ q"'/""11J..,{c.,oc,'fe------
"''d1ng at ~ ~ My appo1ntmen~7
Notary Public m and for the Stale of Washington
~L
Printed Name
V l('if4.e--,,-./
LPB•l2(r) 11196
I ,,
•i,
EXHIBIT "A"
LOT 2, SHORT PLAT NUMBER 482007, ACCORDING TO THE SHORT PLAT
RECORDED UNDER RECORDING NUMBER 63030lnl70, RECORDS OF K.ING
COUNTY, WASHINGTON
20040915001172.002
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20040625002233
STEWART TITLE DT 40 00
PAGE801 OF 021
06/29/2004 15.41
Return To LOAN # 6931554023 KING COUNTY, WA
FL9-700-01-01 JACKSONVILLE POST CLOSING
BANK OF AMERICA
9000 SOUTHSIDE BLVD
BLOG 700, FILE RECEIPT DEPT
JACKSONVILLE, FL 32256
Assessor's Parcel or Account Number 322305903807
Abbreviated Legal Description ffl lJ
20040625002233.001
lt .? ,c::..ll.J:); Lf &9001, f2t..c.. g>3o~oto~
[Include lot, bloc'"('and plat or section, township and range] Full legal description located on page THREE
Trustee PRLAP , I NC
--------[Spau, Above This Line For Recording Data) --------
DEED OF TRU; LOAN # 6931554023
d-1 1;,,;,;:;l.1 ~&L(
WARiTITLE
DEFINIDONS
Words used m multiple sections of this document are defmed below and other words are defmed
m Sections 3, 11, 13, 18, 20 and 21 Certam rules regardmg the usage of words used m this
document are also provided m Section 16
{A) "Security Instrument" means thts document, which is dated JUNE 23, 2004
together with all Rtders to thts document
{B) "Borrower" ts
GURDEV SINGH AND SURJ IT KAUR ,1 husband and wife
Borrower is the trustor under this Security Instrument
{C) "Lender" ts BANK OF AMERICA, N A
WASHINGTON-Smglo F,m,ly-Fanme Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01
~-6(W A) (0012)
Page I of IS lmt,als 6-_ S ff
VMP MORTGAGB FORMS. (800)521-7291 Cl/WA 06/13/04 5 41 PM 6931554013 11111111111111111 llll!I !Ill 11111111
20040625002233.002
Lender 1s a NAT I ONAL BANK I NG ASSOC I AT I ON
organtzed and enstmg under the laws of THE UN I TED STATES OF AMER I CA
Lender's address 1s 300 ELL I NWDOD WAY, SU I TE 201, PLEASANT HI LL, CA 945230000
Lender 1s the beneficiary under this Secunty Instrument
(D) "Trustee" 1s PRLAP, I NC
(E) "Note" means the promissory note signed by Borrower and dated JUNE 23, 2004
The Note states that Borrower owes Lender TWO HUNDRED FORTY THOUSAND AND 00/ 100
Dollars
(US $ 240,000 00 ) plus interest Borrower has promised to pay tlus debt in regular
Penodtc Payments and to pay the debt m full not later than JULY 01, 2034
(F) "Property" means the property that 1s descnbed below under the headmg "Transfer of Rights
m the Property "
( G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower The
following Riders are to be executed by Borrower [check box as applicable]
B Ad3ustable Rate Rider
Balloon R1der
VA Rider § Condominium Rider D Second Home Rider
Planned Un,t Development Rider D 1-4 Family Rider
Biweekly Payment Rider D Other(s) [specify]
(I) "Apphcable Law" means all controlhng app!tcable federal, state and local statutes,
regulal!ons, ordmances and adm1ntstrat1ve rules and orders (that have the effect of law) as well as
all applicable fmal, non-appealable Jud1c1al opinions
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees,
assessments and other charges that are imposed on Borrower or the Property by a condomin,um
assoc1at10n, homeowners assoc1atton or surular organization
(K) "Electromc Funds Transfer" means any transfer of funds, other than a transacl!on
origmated by check, draft, or S1milar paper instrument, which 1s 10,l!ated through an electronic
terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or author12e
a financial mstitution to debit or credit an account. Such term mcludes, but 1s not limited to,
potnt·of-sale transfers, automated teller maclune transactions, transfers 1n,t1ated by telephone, wire
transfers, and automated cleannghouse transfers
(L) "Escrow Items" means those items that are described in Section 3
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described m Section 5) for (1) damage to, or destrucl!on of, the Property, (11) condemnat10n or
other taking of all or any part of the Property, (111) conveyance 1n lieu of condemnation, or (iv)
misrepresentat10ns of, or om1ss10ns as to, the value and/or condition of the Property
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or
default on, the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (,) principal and
mterest under the Note, plus (u) any amounts under Secl!on 3 of this Secunty Instrument
(P) "RESP A" means the Real Estate Settlement Procedures Act (12 USC Section 2601 et seq)
and its 1mplement10g regulation, Regulation X (24 CF R Part 3500), as they might be amended
from time to time, or any add1t1onal or successor legislation or regulation that governs the same
su bJect matter As used m this Secun ty Instrument, "RESP A" refers to all requirements and
~-6(WA) (0012) Pago 2 of IS Form 3048 1101
CVWA 06/23/04 5 42 PM 6931554023
-. 20040625002233.003
restnctions that are imposed in regard to a "federally related mortgage loan" even 1f the Loan
does not qualify as a "federally related mortgage loan" under RESP A
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument
TRANSFER OF RIGHTS IN THE PROPERTY
Tlus Secunty Instrument secures to Lender (i) the repayment of the Loan, and all renewals,
extenswns and modif1cat1ons of the Note, and (ii) the performance of Borrower's covenants and
agreements under this Secunty Instrument and the Note For tlus purpose, Borrower irrevocably
grants and conveys to Trustee, in trust, with power of sale, the followmg descrtbed property
located in the COUNTY of KI NG
[Type of Recording JurtSdictlonl [Name of Recording Junsdictwnl
LOT 2, SHORT PLAT NUMBER 482007, ACCORDING TO THE SHORT PLAT RECORDED
UNDER RECORDING NUMBER 8303080B70, RECORDS OF KING COUNTY, WASHINGTON
Parcel ID Number 322305903807
11328 SOUTHEAST 192ND STREET
RENTON
( "Property Address")
which currently has the address of
CC,tyl, Washington 98055
[Street]
CZtp Codel
TOGfilHER WITH all the improvements now or hereafter erected on the property, and all
easements, appurtenances, and fixtures now or hereafter a part of the property All replacements
and additions shall also be covered by this Secunty 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 nght 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 uruform covenants for national use and
non-uniform covenants with limited variations by iurisd1ct10n to constitute a urnform security
instrument covermg real property
UNIFORM COVENANTS Borrower and Lender covenant and agree as follows·
I Payment of Prmc,pal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of, and interest on, the debt ev1denoed by the
Intttals (s s H
r-Porm 3048 1/01 ~-6(WA) (0012) Page 3 of 15
CVWA 06/23/04 5 42 PM 6931554023
I '.
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20040625002233.004
Note and any prepayment charges and late charges due under the Note Borrower shal! also pay
funds for Escrow Items pursuant to Section 3. Payments due under the Note and th1s Security
Instrument aha!! be made in US currency However, if any check or other mstrument received by
Lender as payment under the Note or this Security Instrument ,s returned to Lender unpa,d,
Lender may require that any or al! subsequent payments due under the Note and th,s Secunty
Instrument be made 10 one or more of the fo!lowmg forms, as selected by Lender (a) cash, (b)
money order, (c) certifted check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an rnstitution whose deposits are insured by a federal agency,
mstrumentality, or entity, or (d) Electronic Funds Transfer
Payments are deemed received by Lender when received at the locatton designated m the
Note or at such other locat,on as may be designated by Lender rn accordance with the notice
provisions lil Sect,on 15 Lender may return any payment or partial payment if the payment or
partial payments are 10suff1c1ent to bring the Loan current Lender may accept any payment or
partial payment insufficient to bring the Loan current, without wa,ver of any rights hereunder or
preJudice to its rights to refuse such payment or partial payments m the future, but Lender 1s not
obhgated to apply such payments at the time such payments are accepted If each Periodic
Payment is apphed as of ,ts scheduled due date, then Lender need not pay mterest on unapphed
funds Lender may hold such unapplted funds unt!l Borrower makes payment to brmg the Loan
current If Borrower does not do so within a reasonable per10d of time, Lender shall either apply
such funds or return them to Borrower If not applied earlier, such funds will be applted to the
outstandrng prmc1pal balance under the Note 1mmed1ately prior to foreclosure No offset or claim
whrnh Borrower might have now or m the future agamst Lender shall relteve Borrower from
making payments due under the Note and th1s Security Instrument or performrng the covenants
and agreements secured by this Security Instrument
2 App!tcat10n of Payments or Proceeds. Except as otherwise described rn tlus Section 2,
all payments accepted and apphed by Lender shall be apphed m the followrng order of priority
(a) rnterest due under the Note, (b) principal due under the Note, (c) amounts due under Sectrnn
3 Such payments shall be apphed to each Periodic Payment 1n the order rn wh1ch 1t became due
Any remaimng amounts sha!l be apphed first to late charges, second to any other amounts due
under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delrnquent Periodic Payment wluch
includes a sufi1C1ent amount to pay any late charge due, the payment may be applied to the
dehnquent 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 Penodic Payments if,
and to the extent that, each payment can be paid rn full To the extent that any excess exists after
the payment 1s applied to the full payment of one or more Periodic Payments, such excess may be
apphed to any late charges due Voluntary prepayments shall be applted first to any prepayment
charges and then as descn bed m tho Note
Any application of payments, insurance proceeds, or M,scel!aneous Proceeds to prmctpal due
under the Note shall not extend or postpone the due date, or change the amount, of the Per10d1c
Payments.
3 Funds for Escrow Items Borrower shall pay to Lender on the day Pertodtc Payments
are due under the Note, until the Note is paid m full, a sum (the "Funds"} to provide for payment
of amounts due for (a) taxes and assessments and other items which can attarn priority over tlus
Security Instrument as a !ten or encumbrance on the Property, (b) leasehold payments or ground
rents on the Property, if any, (c) premrnms for any and all insurance reqmred by Lender under
Sect10n 5; and (d) Mortgage Insurance premiums, 1f any, or any sums payable by Borrower to
Lender m heu of the payment of Mortgage Insurance premmms m accordance with the provrn1ons
of Section 10 These items are called "Escrow Items " At ongtnation or at any time dur,ng the
1n1t1a1s ~S K
' Form 3048 1/01 Q4(WA) (0012) Page 4 of IS
CVWA 06/23/04 5 42 PM 6931554023
20040625002233.005
term of the Loan, Lender may require that Community Assocrntion Dues, Fees, and Assessments,
1f any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item
Borrower shall promptly furmsh to Lender all notices of amounts to be pa1d under th1s Sect10n
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obhgat1on 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 &crow Items at any !!me Any such waiver may only be m
writing In the event of such waiver, Borrower shall pay directly, when and where payable, the
amounts due for any Escrow !toms for which payment of Funds has been waived by Lender and,
1f Lender requires, shall furnish to Lender receipts evidencmg such payment w1thm such time
penod as Lender may require Borrower's obligation to make such payments and to provide
.receipts shall for all purposes be deemed to be a covenant and agreement cont81Jled 10 th1s
Secunty Instrument, as the phrase "covenant and agreement" is used m Sect10n 9 If Borrower 1s
obhgated to pay Escrow Items chrectly, pursuant to a waiver, and Borrower fatls to pay the
amount due for an Escrow Item, Lender may exercise 1ts nghts under Section 9 and pay such
amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice
given' m accordance w1th Section 15 and, upon such revocation, Borrower shall pay to Lender all
Funds, and m such amounts, that are then required under th1s Sect10n 3.
Lender may, at any tlme, collect and hold Funds in an amount (a) suff1c1ent to permit
Lender to apply the Funds at the l!me spec1f1ed under RESPA, and (b) not to exceed the
maximum amount a lender can require under RESPA Lender shall estimate the amount of Funds
due oh the bastS of current data and reasonable estimates of expenchtures of future Escrow Items
or otherwise 1n accordance w1th Applicable Law
The Funds shall be held m an mst1tution whose deposits are msured by a federal agency,
mstrumentahty, or entity (mcluding Lender, ,f Lender is an mstitution whose depos1ts are so
insured) or m any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow
Items ,no later than the !Ime specified under RESPA. Lender shall not charge Borrower for
holdmg and applying the Funds, annually analyzrng the escrow account, or venfyrng the Escrow
Items,' unless Lender pays Borrower mterest on the Funds and Applicable Law permits Lender to
make such a charge Unless an agreement is made m wr1tmg or Applicable Law requires mterest
to be paid on the Funds, Lender shall not be required to pay Borrower any rnterest or earnrngs on
the Funds Borrower and Lender can agree m wntrng, however, that mterest shall be paid on the
Funds Lender shall give to Borrower, without charge, an annual accounting of the Funds as
required by RESP A
If:there 1s a surplus of Funds held m escrow, as defined under RESPA, Lender shall account
to Borrower for the excess funds m accordance with RESP A If there 1s a shortage of Funds held
m escrow, as defmed under RESPA, Lender shall notify Borrower as requued by RBSPA, and
Borrower shall pay to Lender the amount necessary to make up the shortage m accordance with
RESPA, but m no more than 12 monthly payments If there 1s a deficiency of Funds held m
escrow, as def med under RESP A, Lender shall notify Borrower as required by RESP A, and
Borrower shall pay to Lender the amount necessary to make up the defi01ency m accordance w1th
RESP A, but m no more than 12 monthly payments
Upon payment m full of all sums secured by th1s Security Instrument, Lender shall promptly
refund to Borrower any Funds held by Lender
4 Charges, Liens Borrower shall pay all taxes, assessments, charge,,, frnes, and 1mpos1tions
attributable to the Property which can attam pnority over th1s Secunty Instrument, leasehold
payments or ground rents on the Property, 1f any, and Commumty Association Dues, Fees, and
Assessments, if any To the extent that these ltems are Escrow Items, Borrower shall pay them m
the manner provided m Section 3
~-6(WA) (0012) Pogo 5 of 15
lnthals C.s_ $ k,
Form 3048 1/01
CV'IIA 06/23/04 S 42 PM 6931554023
20040625002233.006
Borrower shall promptly discharge any lien which has priority over this Security Instrument
unless Borrower (a) agrees m writing to the payment of the obligation secured by the lien 10 a
manner acceptable to Lender, but only so long as Borrower is performmg such agreement, {b)
conto;sts the hen in good faith by, or defends aga10st enforoement of the hen m, legal proceedtngs
which in Lender's opimon operate to prevent the enforcement of the hen while those proceedings
are pendmg, but only until such proceedmgs are concluded, or (c) secures from the holder of the
hen an agreement satisfactory to Lender subordmat,ng the hen to this Security Instrument U
Lender determines that any part of the Property 1s subiect to a lien which can attam priority over
tlus Security Instrument, Lender may give Borrower a notice 1dentifymg the hen W1thm IO days
of the date on which that notice is given, Borrower shall satisfy the hen or take one or more of
the actions set forth above m this Section 4
Lender may require Borrower to pay a one'"tlme charge for a real estate tax verificat10n
and/or reportmg service used by Lender m connection with this Loan
5. Property Insurance. Borrower shall keep the improvements now exist10g or hereafter
erected on the Property insured against loss by fire, hazards included withm the term "extended
coverage," and any other hazards includmg, but not limited to, earthquakes and floods, for which
Lend~r requires 10surance This insurance shall be mamtamed m the amounts (mcludmg
deductible levels) and for the periods that Lender requires What Lender requ1res pursuant to the
precedmg sentences can change durmg the term of the Loan The insurance carrier providing the
msurance 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, 10
connectJon with this Loan, either (a) a one'itme charge for flood zone determination, certification
and track10g services, or (b) a one'"tlmo charge for flood zone determrnat10n and certificatJon
serV1ces and subsequent charges each time remappings or similar changes occur which reasonably
might', affect such determmation or certification. Borrower shall also be responsible for the
payment of any fees 1mpcsed by the Federal Emergency Management Agency 10 connect10n with
the review of any flood zone determmation resultJng from an obiect10n by Borrower.
If Borrower fails to mamtam any of the coverages described above, Lender may obtam
msurance coverage, at Lender's option and Borrower's expense Lender ,s under no obltgation to
purchase any particular type or amount of coverage Therefore, such coverage shall cover Lender,
but might or might not protect Borrower, Borrower's equity 10 the Property, or the contents of
the Property, agarnst any risk, hazard or habihty and might provide greater or lesser coverage
than was previously 10 effect Borrower acknowledges that the cost of the msurance coverage so
obtamed might sign1f1cantly exceed the cost of msurance that Borrower could have obtamed Any
amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument These amounts shall bear mterest at the Note rate from the
date of disbursement and shall be payable, with such mterest, upon notice from Lender to
Borrower requestmg payment
All insurance policies reqmred by Lender and renewals of such policies shall be subiect to
Lender's nght to disapprove such pol!C!es, shall mclude a standard mortgage clause, and shall
name Lender as mortgagee and/or as an additional loss payee Lender shall have the right to hold
the policies and renewal cert1f1cates If Lender reqwres, Borrower shall promptly give to Lender
all rec~1pts of paid premiums and renewal notices If Borrower obtains any form of insurance
coverage, not otherwise requ1red by Lender, for damage to, or destruction of, the Property, such
pohcy shall mclude a standard mortgage clause and shall name Lender as mortgagee and/or as an
additional loss payee
In the event of loss, Borrower shall give prompt notice to the msurance carrier and Lender
Lender :may make proof of loss if not made promptly by Borrower Unless Lender and Borrower
otherwise agree 1n wr1tmg, any rnsurance proceeds, whether or not the underlying insurance was
ln11,ala .£..s__ S, k ,
Form 3048 1/01 ~-6('111 A) (0012) Poge 6 of IS
CVWA 06/23/04 5 42 PM 6931554023
20040625002233.007
reqwred by Lender, shall be applied to restoration or repair of the Property, ,f the restoration or
repau 1s economically feasible and Lender's security 1s not lessened Dunng such repau and
restoration penod, Lender shall have the right to hold such insurance proceeds unttl Lender has
had ~n opportunity to rnspect such Property to ensure the work has been completed to Lender's
satisfaction, provided that such mspection shall be undertaken promptly Lender may disburse
proceeds for the repairs and restoration m a single payment or ,n a senes of progress payments as
the work 1s completed Unless an agreement is made in wr1tmg or Applicable Law requires
mterest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any
rnterest or earnings on such proceeds Fees for pubhc adJusters, or other third parties, retamed by
Borrower shall not be paid out of the msurance proceeds and shall be the sole obhgation of
Borrower If the restoration or repair ,snot economically feasible or Lender's security would be
lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, tf any. paid to Borrower Such msurance proceeds shall
be applied m the order provided for m Sect,on 2
If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters If Borrower does not respond witlun 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 penod will begm when the notice ts given In either event, or 1f
Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's rights to any insurance proceeds m an amount not to exceed the amounts unpatd
under,the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the
right to any refund of unearned premrnms paid by Borrower) under all insurance pohc,es
cover,'ng the Property, insofar as such nghts are applicable to the coverage of the Property Lender
may ~se the insurance proceeds either to repair or restore the Property or to pay amounts unpaid
under ;the Note or this Security Instrument, whether or not then due
6: Occupancy Borrower shall occupy, establish, and use the Property as Borrower's
prmcipal residence w1thm 60 days after the execution of thts Security Instrument and shall
continue to occupy the Property as Borrower's pnnc1pal res,dence for at least one year after the
date of occupancy, unless Lender otherwise agrees tn writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control
7 Preservahon, Maintenance and Protection of the Property, Inspect10ns. Borrower
shall not destroy, damage or 1mpa1r the Property, allow the Property to deter10rate or commit
waste on the Property Whether or not Borrower 1s res1dmg m the Property, Borrower shall
maintain the Property 1n order to prevent the Property from deter,oratmg or decreasing m value
due to ,ts condition. Unless 1t ts determined pursuant to Section 5 that repair or restorat10n ts not
econom1cally feasible, Borrower shall promptly repatr the Property ,f damaged to avoid further
deterioration or damage If insurance or condemnation proceeds are paid 1n connect10n with
damage to, or the taking of, the Property, Borrower shall be responsible for repamng or restoring
the Property only ,r Lender has released proceeds for such purposes Lender may disburse
proceeds for the repairs and restoration in a smgle payment or m a senes of progress payments as
the work ,s completed If the insurance or condemnation proceeds are not suff1c1ent to repair or
restore the Property, Borrower 1s not reheved of Borrower's obligation for the completion of such
repair or restorat10n
Lender or ,ts agent may make reasonable entries upon and inspections of the Property If 1t
has reasonable cause. Lender may mspect the interior of the improvements on the Property.
Lender 'shall give Borrower notice at the time of or prior to such an mtenor inspection specifying
such reasonable cause
~-6(W A> (0012) Page 7 of!S
l111t1a!s fiZs_ S k
, Form 3M8 1/01
CV'IIA 06/23/04 5 42 FM 6931554023
--~---~! 20040625002233.008
,8. Borrower's Loan Application. Borrower shall be m default tf, dunng the Loan
apphcat1on process, Borrower or any persons or ent1l!es actmg at the direction of Borrower or
with, Borrower's knowledge or consent gave matertally false, m1sleadmg, or maccurate
mformation or statements to Lender (or failed to prov1de Lender with matenal information) m
connection wtth the Loan Matenal representations mclude, but are not limited to, representations
concerning Borrower's occupancy of the Property as Borrower's prmc1pal residence
9 Protect10n of Lender's Interest in the Property and Rights Under this Secur1ty
Instrument. If (a) Borrower fails to perform the covenants and agreements contamed m this
Security Instrument, (b) there 1s a legal proceeding that might s1gntf1cantly affect Lender's mterest
m the Property and/or nghts under this Security Instrument (such as a proceedmg m bankruptcy,
probate, for condemnatmn 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 1s reasonable or appropnate to protect
Lender's mterest m the Property and rights under this Security Instrument, includmg protectmg
and/or assessing the value of the Property, and securing and/or repamng the Property Lender's
act10'1" can mclude, but are not hm1ted to (a) paymg any sums secured by a hen which has
pr10rity over th1s Security Instrument, (b) appeanng m court, and (c) paymg reasonable attorneys'
fees to protect 1ts mterest m the Property and/or rights under this Security Instrument, including
its secured po&tion m a bankruptcy proceedmg Securmg the PropertY mcludes, but 1s not hm1ted
to, entermg the Property to make repairs, change locks, replace or board up doors and windows,
dram y,ater from J)lpes, elimmate building or other code v10lat1ons or dangerous cond1t10ns, and
have utlht1es turned on or off Although Lender may take action under this Section 9, Lender does
not have to do so and ts not under any duty or obligation to do so It 1s agreed that Lender incurs
no hab1hty for not talcmg any or all act10ns authot1zed under this Section 9.
Any amounts disbursed by Lender under thrn Section 9 shall become addmonal debt of
Borrower secured by th1s Security Instrument These amounts shall bear rnterest at the Note rate
from the date of disbursement and shall be payable, with such mterest, upon notice from Lender
to Borrower requestmg payment
Ifithis Security Instrument ts on a leasehold, Borrower shall comply with all the provisions
of the lease If Borrower acquires fee title to the PropeftY, the leasehold and the fee title shall not
merge unless Lender agrees to the merger m wr1tmg.
JO. Mortgage Insurance. If Lender required Mortgage Insurance as a cond1t1on of making
the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect
If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from
the mortgage msurer that previously prov1ded such msurance and Borrower was required to make
separately designated payments toward the premmms for Mortgage Insurance, Borrower shall pay
the premiums requ1Ted to obtam coverage substantially equivalent to the Mortgage Inaurance
previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage
Insurance previously m effect, from an alternate mortgage msurer selected by Lender If
substantially equivalent Mortgage Insurance coverage is not available, Borrower shall contmue to
pay to Lender the amount of the separately dCStgnated payments that were due when the msurance
coverage ceased to be m effect Lender will accept, use and retain these payments as a
non·refundable Joss reserve m lieu of Mortgage Insurance Such loss reserve shall be
non·refundable, notw,thstandmg the fact that the Loan ts ultimately paid m full, and Lender shall
not be required to pay Borrower any mterest or earnings on such loss reserve Lender can no
longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the
pertod that Lender requires) provided by an insurer selected by Lender agarn becomes available, 1s
obtained, and Lender requires separately de&gnated payments toward the premiums for Mortgage
Insurance If Lender required Mortgage Insurance as a condition of makmg the Loan and
~-6( WA) (0012) Pege 8 of IS
In1uet. .g' ~ S /-(
, Form 3048 J/01
CV'IIA 06123104 5 42 PM 6931554023
20040625002233.lJO!l
Borrower was required to make separately designated payments toward the premiums for
Mortgage Insurance, Borrower shall pay the premrnms required to mamtam Mortgage Insurance
in effect, or to provide a non-refundable loss reserve, unt1l Lcnder~s requirement for Mortgage
Insurance ends m accordance with any written agreement between Borrower and Lender providmg
for such termmation or until termination 1s required by Apphcable Law Nothing in this Section
10 affects Borrower's obhgat1on to pay interest at the rate provided m the Note
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain
losses it may rncur 1f Borrower does not repay the Loan as agreed Borrower 1s not a party to the
Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance m force from t1mc to tJme,
and may enter mto agreements with either parties that share or modtfy their risk, or reduce losses
These agreements are on terms and conditions that are satisfactory to the mortgage insurer and
the o,ther party (or parties) to these agreements These agreements may require the mortgage
insurer to make payments using any source of funds that the mortgage insurer may have available
(which may include funds obtained from Mortgage Insurance premiums)
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any
reinsurer, any other entity, or any affihate of any of the foregoing, may receive (dtrectly or
indirectly) amounts that denve from (or might be characterized as1 a port10n of Borrower's
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage msurer's
risk, or reducing losses If such agreement provides that an affthate of Lender takes a share of the
msurer's risk in exchange for a share of the premiums paid to the 10surer, the arrangement 1s
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
mcrease the amount llorrower wtll owe for Mortgage Insurance, and they will not entitle
Borrower to any refund
(b) Any such agreements will not affect the rights Borrower has -if any -with
respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any
other law. These rights may mclude the right to receive certam disclosures, to request
and obtam cancellat10n of the Mortgage Insurance, to have the Mortgage Insurance
termmated a utomat1cally, and/or to receive a refund of any Mortgage Insurance
premiums that were unearned at the time of such cancellation or termmat1on
11. Assignment of M1scellanoous Proceeds, Forfeiture All Miscellaneous Proceeds are
hereby assigned to and shall be .{laid to Lender
If the Property 1s damaged, such Miscellaneous Proceeds shall be applied to restoration or
repair of the Property, 1f the restoration or repair 1s economically feasible and Lender's security ,s
not lessened During such reprur and restorat10n per10d, Lender shall have the nght to hold such
M1sce1laneous Proceeds until Lender has had an opporturu ty to mspect such Property to ensure
the work has been completed to Lender's satisfaction, provided that such inspection shall be
undertaken promptly Lender may pay for the repairs and restoration in a single dtsbursement or
10 a senes of progress payments as the work 1s completed Unless an agreement ts made in
writing or Applicable Law reqmres mterest to be paid on such M1scellaneous Proceeds, Lender
shall not be required to pay Borrower any interest or earnmgs on such Miscellaneous Proceeds If
the restoration or repair 1s not economically feasible or Lender's security would be lessened, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether
or not then due, with the excess, if any, paid to Borrower Such Miscellaneous Proceeds shall be
apphedlm the order provided for 10 Section 2.
In '.the event of a. total taking, destruction, or loss m 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, if any, p111d to Borrower
In the event of a partial taking, destruction, or loss m value of the Property 10 which the fair
market value of the Property 1mmedtately before the partial takmg, destruction, or loss m value 1s
equal t~ or greater than the amount of the sums secured by this Security Instrument 1mmedtately
before the partial taking, destruction, or loss m value, unless Borrower and Lender otherwise
agree 111 writing, the sums secured by this Security Instrument shall be reduced by the amount of
the M1scel!aneous Proceeds mult1phed by the follow10g fraction (a) the total amount of the sums
secured 1mmed1ately before the partial takmg, destruct10n, or loss in value divided by (b) the fair
~-6(\V A) (0012) Pall" 9 of 15
ln111als .£S.._ S /.(
Pdrm 3048 1101
CVWA 06/23/04 5 42 PM 6931554023
20040625002233.010
market value of the Property immediately before the partial taking, destruction, or loss m value
Any balance shall be paid to Borrower
In the event of a partial taktn,g, destruction, or loss tn value of the Property Ill wluch the fair
market value of the Property immediately before the partial taking, destruction, or loss m value 1s
less than the amount of the sums secured immediately before the partial taking, destruction, or
loss 10 value, unless Borrower and Lender otherwise agree 10 wnting, the Miscellaneous Proceeds
shall'be apphed to the sums secured by this Secunty Instrument whether or not the sums are then
due
If the Property is abandoned by Borrower, or tf, after notice by Lender to Borrower that the
Opposmg Party (as defined m the next sentence) offers to make an award to settle a clwm for
damages, Borrower fails to respond to Lender within 30 days after the date the notice is 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 Secun ty Instrument, whether or not then
due. "Oppos10g Party" means the third party that owes Borrower Miscellaneous Proceeds or the
party' agamst whom Borrower has a right of action 10 regard to Miscellaneous Proceeds
Borrower shall be m default if any action or proceedmg, whether civil or cnmmal, 1s begun
that, :.m Lender's iudgment, could result m forfeiture of the Property or other material
1mpa1rment of Lender's mterest m the Property or nghts under this Security Instrument
Borrower can cure such a default and, 1f acceleration has occurred, remstate as provided in Section
19, by caurung the action or proceeding to be dismissed with a ruhng that, in Lender's Judgment,
precludes forfeiture of the Property or other matenal impairment of Lender's mterest in the
Property or rights under this Security Instrument The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest rn the Property are hereby
assigned and shall be paid to Lender
All Miscellaneous Proceeds that are not apphed to restoration or repair of the Property shall
be applied rn the order provided for in Sectton 2
1,2 Borrower Not Released, Forbearance By Lender Not a Waiver. Extens,on of the
time 'for payment or modif1catlon of amorttzatrnn of the sums secured by this Security
Instrument granted by Lender to Borrower or any Successor m Interest of Borrower shall not
operate to release the ltab11ity of Borrower or any Successors m Interest of Borrower Lender shall
not be requtred to commence proceedmgs against any Successor m Interest of Borrower or to
refuse· to extend time for payment or otherwise modify amorttzatrnn of the sums secured by this
Security Instrument by reason of any demand made by the ongmal Borrower or any Successors m
Interest of Borrower Any forbearance by Lender m exeretsmg any right or remedy mcluchng,
without limitation, Lender's acceptance of payments from thtrd persons, entitles or Successors 10
Interest of Borrower or m amounts less than the amount then due, shall not be a waiver of or
precl uae the exercise of any nght or remedy
13. Iomt and Several Liab1hty, Co-signers; Successors and Assigns Bound Borrower
covenants and agrees that Borrower's obligations and hab11ity shall be 1010t and several However,
any Borrower who co"S1gns this Secunty Instrument but does not execute the Note (a "co-&gner")
(a) 1s ,co-s1gn10g_ this Security Instrument only to mortgage, grant and convey the co-signer's
rnterest 10 the Property under the terms of this Security Instrument, (b) ,e not personally
obhgaied to pay the sums secured by th1S Securtty Instrument, and (c) agrees that Lender and any
other Borrower can agree to extend, modify, forbear or make any accommodattons with regard to
the terms of this Security Instrument or the Note without the co-Signer's consent
Sl/bJect to the provisions of Section 18, any Successor in Interest of Borrower who assumes
Borrower's obltgat10ns under this Security Instrument rn wr,tmg, and 1s approved by Lender, shall
obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be
released from Borrower's obligations and hab,hty under this Security Instrument unless Lender
agrees to such release in writing The covenants and agreements of this Security Instrument shall
bmd (except as provided in Section 20) and benefit the successors and assigns of Lender
14. Loan Charges Lender may charge Borrower fees for services performed m connection
with Borrower's default, for the purpose of protecting Lender's mterest m the Property and rights
under this Security Instrument, mcludrng, but not limited to, attorneys' fees, l'roperty inspection
and valuation fees In regard to any other fees, the absence of express authority 10 this Secunty
Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the
charging of such fee Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law
Initials -e 5
-~(WA) (0012) Page 10 of 15
Sk
Jlorm 3048 1101
CVWA 06/23/04 5 42 PM 6931554023
I
20040625002233.011
ff the Loan 1s subJect 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 in connection
with' the Loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected
from Borrower which exceeded perm1tted hm1ts wtll 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 prmc,pal, the reduct10n will 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 ·.const1tute a waiver of any right of action Borrower might have ansmg out of such
overcharge
15. Notices All notices given by Borrower or Lender in connectton with this Security
Instrument must be m wntmg. Any notice to Borrower m connection with this Secunty
Instrument shall be deemed to have been given to Borrower when mwled by first class mat! or
when-actually delivered to Borrower's notice address 1f sent by other means Notice to any one
Borrower shall constitute nottce to all Borrowers unless Appltcablo Law expressly reqmres
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 spec1f1es a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that spec1f1ed procedure
There may be only one designated notice address under this Secunty Instrument at any one time
Any notice to Lender shall be given by delivenng 11 or by mailing ,t by first class mwl to
Lender's address stated herem unless Lender has designated another address by notice to
Borrower. Any notice m connection with this Secunty Instrument shall not be deemed to have
been g,ven to Lender until actually received by Lender If any nol.!ce reqrnred by this Secunty
Instrument 1s also required under Applicable Law, the Appltcable Law requirement wtll satisfy the
corresponding requirement under this Security Instrument
16. Goverrung Law, Severab1hty, Rules of Construction. This Secunty Instrument shall
be governed by federal law and the law of the 3ur1sdict10n m which the Property 1s located All
rights and obligations contained 10 this Secunty Instrument are subject to any requirements and
hm1tat10ns of Applicable Law Appltcable Law might expltc1tly or 1mphc1tly allow the parties to
agree by contract or 1t might be silent, but such rulence shall not be construed as a proh1b1tion
against agreement by contract In the event that any provtruon or clause of this Secunty
Instrument or the Note conflicts with Applicable Law, such conflwt shall not affect other
provisions of this Secunty Instrument or the Note whtch can be given effect without the
confhctmg prov1s1on
As used m this Security Instrument. (a) words of the masculme gender shall mean and
include corresponding neuter words or words of the femirune gender, {b) words in the singular
shall mean and include the plural and vtce versa, and (c) the word "may" gives sole discretion
w1thotit any obligation to take any act10n
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Secunty
Instrurhent
18. Transfer of the Property or a Benef1c1al Interest m Borrower. As used m this
Section 18, "Interest m the Property" means any legal or beneficial interest m the Property,
including, but not ltmited to, those benef1c1al mterests transferred m a bond for deed, contract for
deed, ,nstallment sales contract or escrow agreement, the intent of winch 1s the transfer of t,tle by
Borrower at a future date to a purchaser
If all or any part of the Property or any Interest m the Property is sold or transferred (or 1f
Borrower is not a natural person and a beneficial interest m Borrower 1s sold or transferred)
without Lender's prtor written consent, Lender may require immediate payment 10 full of all
sums secured by this Security Instrument However, this optton shall not be exercised by Lender
if such exercise 1s proh1b1tod by Applicable Law
If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with
Section: 15 w1thm whtch Borrower must pay all sums secured by thts Security Instrument If
Borrower fails to pay these sums pnor to the expiratJon of this per10d, Lender may mvoke any
remedies permitted by this Security Instrument without further notice or demand on Borrower
flll1,-6(WA) (0012) Pago 11 of 15
In111als e C: ~ fl'
Form 3048 1101
Clfl/A 06/23/04 5 42 PM 6931554023
20040625002233.0 I Z
,19 Borrower's Right to Remstate After Acceleration U Borrower meets certain
conditions, Borrower shall have the right to have enforcement of this Security Instrument
d1scontmued at any t1me pr10r to the esrheat of (a) f1ve days before sale of the Property pursuant
to any power of sale contained in this Security Instrument, (b) such other period as Appltcable
Law 'nught specify for the termmat10n of Borrower's right to remstate, or (c) entry of a Judgment
enforcmg this Security Instrument. Those conditions are that Borrower (a) pays Lender all sums
wbwh 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
mcurred m enforcing tlus Security Instrument, mcludmg, but not ltm1ted to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees mcurred for the purpose of protectmg
Lender's mterest m the Property and rtghts under this Securtty Instrument, and (d) takes such
action as Lender may reasonably require to assure that Lender's mterest m the Property and rtghts
under thts Securtty Instrument, and Borrower's obltgat1on to pay the sums secured by this
Secunty Instrument, shall continue unchanged Lender may require that Borrower pay such
remstatement sums and expenses in one or more of the following forms, as selected by Lender
(a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check 1s drawn upon an 1nst1tution whose deposits are msured by a federal
agency, tnstrumentahty or entity, or (d) Electronic Funds Transfer Upon reinstatement by
Borrower, this Secur,ty Instrument and obhgat1ons secured hereby shall remam fully effective as
1f no ;acceleration had occurred However, this nght to remstate shall not apply m the case of
acceleration under Section 18
20. Sale of Note1 Change of Loan Servicer, Nottce of Grievance The Note or a partial
rnterest m the Note \ together with this Security Instrument) can be sold one or more times
without prtor nol!ce to Borrower A sale might result m a change m the enttty (known as the
"Loan Servicer") that collects Periodic Payments due under the Note and this Secur,ty Instrument
and performs other mortgage loan servicmg obltgal!ons under the Note, this Security Instrument,
and Af' phcable Law There also might be one or more changes of the Loan Servicer unrelated to a
sale o the Note If there 1s a change of the Loan Servicer, Borrower will be given Wrttten notice of
the change which will state the name and address of the new Loan Servtcer, the address to which
payments should be made and any other rnformation RESP A requires m connection with a notice
of transfer of serv1c1ng If the Note ts sold and thereafter the Loan 1s serviced by a Loan Servicer
other than the purchaser of the Note, the mortgage loan serv1cmg obligat10ns 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, Jom, or be JOIOed to any JUd1ctal actmn (as
either an individual httgant or the member of a class) that arises from the other party's actions
pursuant to this Secur1ty Instrument or that alleges that the other party has breached any
prov,s,on of, or any duty owed by reason of, tlus Sec~rity Instrument, unt!I such Borrower or
Lender; has not1f1ed the other party (with such notice given rn compliance with the requirements
of Section 15) of such alleged breach and afforded the other party hereto a reasonable per1od after
the givmg of such notice to take corrective action If Applicable Law/rovides a time pertod
which inust elapse before certam action can be taken, that time perio will be deemed to be
reasonable for purposes of this para$faph The notice of acceleration and opportumty to cure
given to Borrower pursuant to Sectton 22 and the notice of acceleration given to Borrower
pursuant to Section 18 shall be deemed to satisfy the notice and opportumty to take corrective
action frov1s10ns of trus Sect10n 20.
2 ' Hazardous Substances As used in thrn Section 21 (a) "Hazardous Substances" are
those substances defmed as toxic or hazardous substances, pollutants, or wastes by Environmental
Law and the followmg substances gasolme, kerosene, other flammable or toxic petroleum
products, toxic pesticides and herb1c1des, volatile solvents, matenals conta,nmg asbestos or
formaldehyde, and radioactive matertals; (b) "Environmental Law" means federal Jaws and Jaws
of the Jurisdiction where the Property 1s located that relate to health, safety or environmental
protection, (c) "Env1ronmental Cleanup" includes any response actton, remedial achon, or
removal action, as defmed m Env1ronmental Law; and (d) an "Environmental Condit10n" means
a condition that can cause, contn bute to, or otherwise trigger an Environmental Cleanup
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or m the Property
~~(WA) (0012) Page 12 of 15
,.,ttoi. Cs: s fr
-Form 3048 110!
Cl/WA 06123/04 5 42 PM 6931554023
20040625002233.0 13
Borrower shall not do, nor allow anyone else to do, anythmg affecting the Property (a) that 1s m
violation of any Environmental Law, (b) which creates an Environmental Cond1t1on, or (c)
which, due to the presence, use, or release of a Hazardous Substance, creates a condit10n that
adversely affects the value of the Property The precedmg two sentences shall not apply to the
presence, use, or storage on tho Property of small quanttltes of Hazardous Substances that are
generally recogmzed to be appropriate to normal residenttal uses and to mamtenance of the
Property (mcludmg, but not hm1ted to, hazardous substances m consumer products)
Borrower shall promptly give Lender written notice of (a) any mvesttgation, claim, demand,
lawsuit or other action by any governmental or regulatory agency or pnvate party 1nvolvmg the
Property and any Hazardous Substance or Envtronmental Law of which Borrower has actual
knowledge, (b) any Environmental Condttmn, mcludmg but not hm1ted to, any sptlhng, leakmg,
discharge, release or threat of release of any Hazardous Substance, and (c) any cond1t1on caused by
the presence, use or release of a Hazardous Substance whtch adversely affects the value of the
Property If Borrower learns, or 1s not1f1ed by any governmental or regulatory authority, or any
pnvate party, that any removal or other remedtatton of any Hazardous Substance affectmg the
Property 1s necessary, Borrower shall promptly take all necessary remedial acttons in accordance
with Environmental Law Nothmg herem shall create any obhgatton on Lender for an
Environmental Cleanup
NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as
follows
22 Accelerat10n, Remedies, Lender shall give notice to Borrower prior to
acceleration folloWIDg Borrower's breach of any covenant or agreement ID this Security
Instrument (but not prior to acceleration under Section 18 unless Appbcable Law
provides otherwise), The notice shall specify (a) the default, (b) the action required to
cure the default, (c) a date, not less than 30 days from the date the notice is given to
Borrower, by which the default must be cured, and (d) that failure to cure the default on
or before the date spec1f1ed m the notice may result in acceleration of the sums secured
by this Security Instrument and sale of the Property at public auction at a date not less
than 120 days 10 the future The notice shall further worm Borrower of the right to
remstate after acceleration, the right to brtng a court action to assert the non-existence of
a default or any other defense of Borrower to acceleration and sale, and any other
matters required to be tncluded tn the notice by Applicable Law. If the default ts not
cured on or before the date specified rn the notice, Lender at 1ts option, may require
immediate payment in full of all sums secured by this Security Instrument without
further demand and may 10voke the power of sale and/or any other remedies permitted
by Applicable Law. Lender shall be entitled to collect all expenses mcurred 10 pursuing
the remedies provided ID this Sectton 22, 10clud1ng, but not hmited to, reasonable
attorneys' fees and costs of title evidence.
If Lender mvokes the power of sale, Lender shall give written notice to Trustee of
the occurrence of an event of default and of Lender's elect10n to cause the Property to
be sold. Trustee and Lender shall take such action regardmg notice of sale and shall give
such notices to Borrower and to other persons as Applicable Law may requ1te. After the
time reqmred by Appltcablc Law and after pubhcat,on of the notice of sale, Trustee,
without demand on Borrower, shall sell the Property at public auction to the highest
bidder at the time and place and under the terms designated in the notice of sale m one
or more parcels and m any order Trustee determines. Trustee may postpone sale of tho
Property for a penod or periods permitted by Applicable Law by public announcement
at the time and place fixed in the notice of sale. Lender or its des1gnee may purchase the
Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property
without any covenant or warranty, expressed or implied The recitals ID the Trustee's
deed shall be prima facie evidence of the truth of the statements made therem Trustee
shall apply the proceeds of the sale ID the follow1Dg order-(a) to all expenses of the sale,
mcludmg, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums
secured by this Security Instrument, and (c) any excess to the person or persons legally
entitled to 1t or to the clerk of the supenor court of the county m which the sale took
place.
~-6(WA) (0012)
hutiala <:, Sf-<
..,Form 3048 1/01 Page 13 of JS
CVWA 06/23/04 5 42 PM 6931554023
20040625002233.0 14
:23. Reconveyance. Upon payment of all sums secured by tbis Security Instrument, Lender
shall: request Trustee to reconvey the Property and shall surrender this Security Instrument and all
notes evidencing debt secured by this Security Instrument to Trustee Trustee shall reconvey the
Property without warranty to the person or persons legally entitled to tt. Such person or persons
shall! pay any recordation costs and the Trustee's fee for preparing the reconveyance
24. Substitute Trustee. In accordance with Apphcable Law, Lender may from tune to ttme
appoint a successor trustee to any Trustee appointed hereunder who has ceaaed to act Without
conveyance of the Property, the successor trustee shall succeed to all the title, power and duttes
conferred upon Trustee herem and by Apphcable Law
25. Use of Property. The Property ts not used prmcipally for agricultural purposes
26. Attorneys' Fees Lender shall be entitled to recover its reasonable attorneys' fees and
costs! m any act10n or proceeding to construe or enforce any term of this Secun ty Instrument The .
term·" attorneys' fees," whenever used in thlB Secunty Instrument, shall mclude without hmitat1on
attorneys' fees incurred by Lender m any bankruptcy proceeding or on appeal.
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY,
EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT
OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contamed
m tlus Security Instrument and m any Rider executed by Borrower and recorded w1th it
____________ (Seal)
-Borrower
____________ (Seal)
-Borrower
------------(Seal)
-Borrower
Ct,.=-:1,v..~)_w_-S..,_t_MJ'-'-----(Seal)
GURDEV SINGH -Borrower
-~-· ---"'d-=--_k-_~_:__:=---(Seal)
SURJ IT KAUR -Borrower
------------(Seal)
-Borrower
------------(Seal)
-Borrower
___________ (Seal)
~Borrower
Ct?.-o{WA) (0012) Pago 14 of 1S Form 3048 1/01
CV/IA 06/23104 5 42 PM 6931554023
20040626002233:0TS
J ••. STATE OF WASIDNGTON
County of King
'On this day personally appeared before me
QJRDEV SINGH and SURJIT KAUR
to me known to be the mdividual(s} described m and who executed the_w1thin and foregom~
instrument, and acknowledged that helsh@1gned the same as htS/her~ree and voluntary
act and deed, for the uses and purposes therem mentJone\l.,
GIVEN under my hand and off1c1al seal this ;;;l t./ 'f1t day of June,1 2004
Notary Publlc 10 and for the State of Washulgton, residing a\
King County Marsha M. Boyd
My Appointment Expires on 3-29-2006
Gt\"'6(W A) (0012)
Initials S, k.
Forril 3048 1101 Page 15 of 15
CVWA 06/23104 5 42 PM 6931554023
20040625002233.0 16
LOAN# 6931554023
ADJUST ABLE RATE RIDER
THIS ADJUSTABLE RATE RIDER 1s made this 23RD day of JUNE, 2004 ,
and 1s mcorporated tnto and shall be deemed to amend and supplement the Mortgage, Deed
of Trust, or Secur1ty Deed (the "Security Instrument") of the same date given by the
undersigned (the "Borrower") to secure Borrower's AdJustable Rate Note (the "Note") to
BANK OF AMERICA, NA
(the "Lender") of the same date and covenng the Property described in the Security Instrument and
located at 11328 SOUTHEAST 192ND STREET, RENTON, WA 98055
[Property Address!
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY
INTEREST RATE AND MY MONTHLY PAYMENT, INCREASES IN THE
INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN
THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made m the
Security Instrument, Borrower and Lender further covenant and agree as follows
A. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an m1t1al interest rate of 5 750 %. The Note provides
for changes m the interest rate and the monthly payments, as follows.
4 IN'l'EREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The interest rate I will pay may change on the FIRST day of JULY, 2009 ,
and on'that day every 12TH month thereafter Each date on which my interest rate could
change'1S called a "Change Date'
(BJ The Index
Begtnmng with the first Change Date, my mterest rate will be based on an Index The "Index"
IS
MULTISTATE ADJUSTABLE RATE RIDER -Srngle Family
Pt.t• 1 of 8
BS899R.10101103 VMP MORTGAGI FORMS• {800)521•7291 MGNFI 06/23/04 5 42 PM 5931554023
20040625002233:017
THE ONE-YEAR LO\IOON INTERBANK OFFERED RATE ('LIBOR") WHICH IS THE AVERAGE Of INTERBANK OFFERED RATES FOR
ONE-YEAR US DOLLAR-DENOMINATED DEPOSITS IN THE LONDON t.lARKET, AS PUBLISHED IN THE WALL STREET JOURNAL THE
MOST RECENT li'IJEX FIGURE AVAILABLE AS Of THE DATE 45 DAYS BEFORE EACH CHANGE DATE IS CALLEO THE 'CURRENT
INDEX'•
If the Index 1s no longer available, the Note Holder will choose a new Index that 1s based upon
comparable mformat10n The Note Holder will give me notice of this choice.
( C) Calculatton of Changes
Before each Change Date, the Note Holder w,11 calculate my new mterest rate by addmg
TWO AND ONE-QUARTER percentage pomts
( 2 250 % ) to the Current Index The Note Holder will then round the result of
thw addit10n to the D Nearest [!QNext Highest D Next Lowest
ONE-EIGHTH OF ONE PERCENTAGE POINT ( 0 125 %) SubJectto
the limits statc<l m Section 4(D) below, this rounded amount w,11 be my new mterest rate until the
next Change Date
The Note Holder w11l then determme the amount of the monthly payment that would be
sufficient to repay the unpaid pnnc1pal I am expected to owe at the Change Date m fu11 on the
maturity date at my new mtecest rate in substantially equal payments The result of this calculation
will t,;, the new amount of my monthly payment
IBJ Interest-Only Period
The "lnteresi-only Penod" 1s the period from the date of this Note through JULY O 1 ,
2009 , Foe the intecesi-only penod, after calculatmg my new interest rate as provided above,
the Note Holder will then determine the amount of the monthly payment that would be sufficient to
pay the mterest wluch accrues on the unpaid pnncipal of my loan. The result of this calculation will
be the new amount of my monthly payment
The "Amortization Period" is the penod after the mteresi-only period For the amortization
per10d; after calcu!at1ng my new interest rate as provided above, the Note Holder will then
deternime the amount of the monthly payment that would be suff1c1ent to repay the unpaid
prmcipal that I am expected to owe at the Change Date m full on the Maturity Date at my new
mterest rate m substantially equal payments The result of this calculat10n will be the new amount of
my monthly payment
BS899R·,0101103 MGNR 06/23/04 5 42 PM 6931554023
20040625002233.0 18
(D) Limits on Interest Rate Changes
(Please check a pro nate boxes; tf no box is checked, there will be no maximum limit
on changes 'El (1) There will be no maximum limit on mterest rate changes
(2) The mterest rate I am required to pay at the fust Change Date will not be greater than
% or less than % D (3) My mterest rate will never be mcroased or decreased on any smgle Change Date by
more than percentage pomts
( % ) from the rate of mterest I have been paying for the
preceding period 0 (4) My mterestrate will never be greater than 10 750 %, which is called
the 11 Max1mum Rate " D (5) My mterest rate will never be less than % , which is called the
"Muumum Rate " D (6) My interest rate w,11 never be less than the iruttal interest rate
Q9 (7) The interest rate I am reqwred to pay at the f,rst Change Date will not be greater than
10 750 % or less than 2 250 % Thereafter, my
mterest rate will never be mcreased or decreased on any smgle Change Date by more than
TWO percentage points
( 2 000 % ) from tho rate of interest I have been paying for the
preceding penod
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date I will pay tho amount of my
new monthly payment beginmng on tho ftrst monthly payment date after the Change Date unit! the
amount of my monthly payment changes agam.
(Fl Notice of Changes
The Note Holder w,11 deliver or ma!l to me a notice of any changes in my interest rate and the
amount of my monthly payment before the effective date of any change The nottco will mclude
mformallon required by law to be given to me and also the tttle and telephone number of a person
who will answer any question I may have regardmg the notice.
BS899R co 1 o 11 03 P11• 3 of e MGNR 06/23/04 5 42 PM 6931554023
20040625002233.019
B TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
Umform Covenant 18 of the Securny Instrument ts amended to read as follows
(1) llliEN MY INITIAL FIXED INTEREST RATE CHANCES TO />N ADJUSTABLE INTEREST RATE UNOER THE TERMS STATED
IN SECTION 4 ABOVE. IJIJIFORI.I COVENANT 18 OF THE SECURITY INSTRI.MENT DESCRIBED IN SECTION 8(2) BELOW SHALL
THEN CEASE TO BE IN EFFECT. AIIO 1.NIFOPI.I COVENANT 18 OF THE SECURITY INSTALMENT SHALL INSTEAD BE DESCRIBED
AS FOLLOWS
Transfer of the Property or a Beneficial Interest m Borrower As used 10 this
Sect10n 18, "Interest m the Property" means any legal or benef1c1al interest m the
Property, mclud10g, but not ltm1ted to, those benef1c1a! mterests transferred 10 a bond for
deed, contract for deed, installment sales contract or escrow agreement, the mtent of
which ts the transfer of the title by Borrower at a future date to a purchaser
If all or any part of the Property or any Interest m the Property 1s sold or transferred
(or tf a Borrower ,snot a natural person and a beneficial interest m Borrower ,s sold or
transferred) without Lender's prior wntten consent, Lender may require 1mmed1ate
payment m full of all sums secured by th1s Security Instrument However, this optrnn
shall not be exercised by Lender tf such exercise 1s proh1b1ted by Apphcable Law Lender
also shall not exercise this option 1f (a) Borrower causes to be submitted to Lender
information required by Lender to evaluate the intended transferee as tf a new Joan were
bemg made to the transferee, and {b) Lender reasonably determmes that Lender's security
will not be 1mpa1red by the loan assumption and that the risk of a breach of any covenant
or agreement m th1s Security Instrument 1s acceptable to Lender
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption Lender also may require the
transferee to sign an assumption agreement that ts acceptable to Lender and that obhgates
the transferee to keep all the prom,ses and agreements made m the Note and 10 th,s
Security Instrument Borrower w,11 contmue to be obhgated under the Note and th,s
Security Instrument unless Lender releases Borrower m writing
BS899R 10101>03 P•o• 4 of 5 MGNR 06/23/04 5 42 PM 6931554023
20040625002233.020
If Lender exercises the option to require immediate payment m full, Lender shall
give Borrower notlce of acceleration. The notice shall provide a penod of not less than 30
days from the date the notice '" given ,n accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails tc pay
these sums pnor to the expiration of this period, Lender may mvoke any remedies
permitted by thrn Security Instrument without further notlce or demand on Borrower
(2) lNTIL MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATEO
IN SECTICN 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTALMENT SHALL READ AS FOLLOWS
TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER AS USEO IN THIS SECTION 18,
"INTEREST IN THE PROPERTY" MEANS ANY LEGAL OR BENEFICIAL INTEREST IN THE PROPERTY, INCLUOING,
BUT NOT LIMITEO TO. THOSE BENEFICIAL INTERESTS TRANSFERREO IN A BONO FOR DEED, CONTRACT FDR
OEED, INSTALLMENT SALES CONTRACT OR ESCROW AGREEMENT, THE INTENT OF WHICH IS THE TRANSFER OF
TITLE BY BORROWER AT A FUTURE DATE TO A PURCHASER
IF ALL OR ANY PART OF THE PROPERTY OR ANY INTEREST IN THE PROPERTY IS SOLO OR TRANSFERRED
(OR IF BORROWER IS NOT A NATURAL PERSON ANO A BENEFICIAL INTEREST IN BORROWER IS SOLD OR
TRANSFERRED) WITHOUT LENDER'S PRIOR WRITTEN CONSENT, LENOER MAY REQUIRE l~EDIATE PAYMENT IN
FULL OF All SUMS SECURED SY THIS SECURITY INSTR,,..ENT HOWEVER, THIS OPTION SHALL NOT SE
EXERCISED av LENDER IF EXERCISE IS PROHIBITED BY APPLICABLE LAW
IF LENDER EXERCISES THIS OPTION, LENDER SHALL GIVE BORROWER NOTICE OF ACCELERATION THE
NOTICE SHALL PROVIDE A PERIOD OF NOT LESS THAN 30 DAYS FROM THE DATE THE NOTICE IS GIVEN IN
ACCORDANCE WITH SECTION 15 WITHIN WHICH BORROWER MUST PAV ALL SUMS SECURED av THIS SECURITY
INSIRLMENT IF BORROWER FAILS TO PAV THESE SUMS PRIOR TO THE EXPIRATION OF THIS PERIOD,
LENDER MAY INVOKE ANY REMEDIES PERMITTED BY THIS SECURITY INSTR,,..ENT WITHOUT FURTHER NOTICE
OR DEMAND ON BORROWER
BS899Rl<o 10 Hoa MGNR 06123104 5 42 PM 6931554023
20040625002233.021
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
th1s AdJustable Rate R,der
GURDEV SINGH \
(Seal)
-Borrower
$!02.d~ (Seal)
SURJIT KAUR -Borrower
(Seal)
< ' -Borrower
)
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
BS899R 101ono• Pa9e&oflS MGNR 06/23/04 5 42 PM 6931554023
---··--1
20040625002234.001
11111111111111
il~a~:r yl~0~
50 ~i~34
08/25/2094 15·41
Return To LOAN# 6081529312 KING COUNTY, IIA
FL9-'700-01-01 JACKSONVILLE POST CLOSING
BANK OF AMERICA
9000 SOUTHSIDE BLVD
BLDG 700, FILE RECEIPT DEPT
JACKSONVILLE, FL 32256
Assessor's Parcel or Account Number 322305903807
At1r~;~ds~ 1l;W~;, f2o .~D. i3o o75oi,v
Cinolude lot, block "and plat or sect10.n, township and rangal ~ull legal description located on page THREE
Trustee· PRLAP , I NC
--------[Space Above This Line For Recording Data] --------
{j?) 3v0 Lt'6?'6&'1 DEED OF TRUST LOAN # 6081529312
'sfEWART TITLE
THE PRIORITY OF THE LIEN CREATED BY THIS DEED OF TRUST SHALL BE
SUBORDINATE AND INFERIOR TO THE LIEN CREATED BY A DEED OF TRUST COVERING
THE PROPERTY MADE AMONG BORROWER, TRUSTEE AND LENDER OF EVEN DATE HEREWITH
AND RECORDED CONCURRENTLY IN REAL PROPERTY RECORDS
DEFINITIONS
Words used rn multiple sections of tlus document are defmed below and other words are defmed
m Sections 3, 11, 13, 18, 20 and 21 Certain rules regardtng the usage of words used rn this
document are also provided rn Section 16
(A) "Security Instrument" means this document, which 1s dated JUNE 23, 2004
together with all Riders to tlus document.
(B) "Borrower" 1s ( Cl cl lv /..e
GURDEV SINGH AND SURJ IT KAUR rfv,b'i 11 ~ fl '
I
Borrower 1s the trustor under this Security Instrument.
(C) "Lender" 1s BANK OF AMERICA, N A
W ASHINGTON-Smgle Fanuly-Fanmc Mac/Freddie Mac UNIFORM INSTRUMENT Form 3048 1101
Q,·6(WA> (0012) LP
Page l of 15 iruttals "'-,\,
VMP MORTGAGE FORMS· (800)521-7291
S!i
Cl/WA 06/{3/04 5 43 PM 6081529312 I 11111111111~ 11111111111111111 IIII
--20040625002234.002
Lender w a NAT I ONAL BANK I NG ASSOC I AT I ON
organized and ex1st1ng under the laws of THE UN I TED STA TES OF AMER I CA
Lender's address ts 300 ELL INWOOD WAY, SU I TE 201, PLEASANT HI LL, CA 945230000
Lender ts the benef1c1ary under this Security Instrument
(D) "Trustee" w PRLAP, I NC
(E) "Note" means the promissory note stgned by Borrower and dated JUNE 23, 2004
The Note states that Borrower owea Lender FORTY FI VE THOUSAND AND 00/ 100
Dollars
(U s.: $ 45, 000 00 ) plus mtereat Borrower has promised to pay this debt m regular
Penodtc Payments and to pay the debt m full not later than JULY 01, 2019
(F) "Property" means the property that ts deacnbed below under the heading "Transfer of Rights
in the Property "
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest
(H) •Riders" means all Riders to this Security Instrument that are executed by Borrower The
following Riders are to be executed by Borrower [check box as applicable)
a A_ dJustable Rate Rtder
Balloon Rider
QVARtder
O Condominium Rtder EJ Second Home Rtder D Planned Umt Development Rider J-4 Family Rider
D Biweekly Payment Rider O Other(s) [spectfyl
(I) "Applicable Law" means all controlltng applicable federal, state and local statutes,
regulations, ordinances and admmistrat1ve rules and orders (that have the effect of law) as well as
all appltcable fmal, non-appealable JUdtctal op,mons
(J) "Commumty Association Dues, Fees, and Assessments" means all duea, fees,
assessments and other chargea that are imposed on Borrower or the Property by a condom,mum
assoc1at1on, homeowners assoc1at1on or sunilar organ12at1on.
(K) "Electromc Funds Transfer" means any transfer of funds, other than a transaction
originated by check. draft, or similar paper instrument, whtch 1s initiated through an electronic
terminal, telephoruc instrument. computer. or magnetJ.c tape so as to order, instruct, or authonze
a ftnancial mstitut10n to debit or credit an account Such term includes, but ts not ltmtted to,
point-of-sale transfers, automated teller machine transactions, transfers m1t1ated by telephone, wire
transfers. and automated clearinghouse transfers
(L) "Escrow Items" means those items that are described in Section 3
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damagea, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Sect10n 5) for. (,) damage to, or destructton of, the Property; (u) condemnation or
other taktng of all or any part of the Property, (111) conveyance in lteu of condemnat10n, or (1v)
m1srepreaentat10ns of, or om1ss1ons as to, the value and/or condition of the Property
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or
default on, the Loan
(0) "Pert0dic Payment" means the regularly scheduled amount due for (i) principal and
rnterest under the Note, plus (1i) any amounts under Section 3 of this Security Instrument
(P) "RESP A" means the Real Estate Settlement Procedures Act (12 US.C Sectton 2601 et seq)
and its:1mplementing regulation, Regulat10n X (24 CP.R Part 3500), as they might be amended
from time to time, or any additional or successor leg1slat10n or regulat10n that governs the same
sub1ect matter As used in this Security Instrument, 'RESP A' refers to all requirements and
Ctt,--6(W A) (0012) Page 2 of IS Form 3048 1101
Cl/NA 06/23/04 5 43 PM 6081529312
20040626002234.003
restrict.tons that are imposed m regard to a "federally related mortgage loan" even if the Loan
does not qualtfy as a "federally related mortgage loan• under RESP A
(Q) "Successor 10 Interest of Borrower" means any party that has taken title to the Property,
whether or not that party has assumed Borrower's obligations under the Note and/or this Security
Instrument
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender. (1) the repayment of the Loan, and all renewals,
extens10ns and modifications of the Note, and (u) the performance of Borrower's covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably
grants and conveys to Trustee, in trust, with power of sale, the following described property
located 1n the COUNTY of KI NG
(Type of Record10g Jurtsd1et1on1 [Name of Recording Junsdict..lonl
LOT 2, SHORT PLAT NUMBER 482007, ACCORDING TO THE SHORT PLAT RECORDED
UNDER RECORDING NU',lBER 8303080870, RECORDS OF KING COUNTY, WASHINGTON
Parcel ID Number 322305903807
11328 SOUTHEAST 192ND STREET
RENTON
("Property Address")
wluch currently has the address of
[C,tyl, Washington98055
(Street)
[Zip Codol
TOGETHER WITH all the improvements now or hereafter erected on the property, and all
easementa, appurtenances, and fixtures now or hereafter a part of the property. All replacements
and additions shall also be covered by this Security Instrument All of the foregoing is referred to
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 JS unencumbered, except
for encumbrances of record Borrower warrants and will defend generally the title to the Property
agarnst all claims and demands, subject to any encumbrances of record
THIS SECURITY INSTRUMENT combmes uruform covenants for national use and
non-uniform covenants with limited variatrnns by iurisdictrnn to constitute a umform security
instrument covering real property
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows
I. Payment of Prmc1pal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the
lruu•l• t;'.: C S. k
Form 3048 l/0! ~ -6(W A) (0012) P•ge 3 of 15
CVWA 06/23/04 5 43 PM 6081529312
20040625002234.0~
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 ho made m US currency However, 1f any check or other mstrument received by
Lender as payment under the Note or tlus Security Instrument 1s returned to Lender unpaid,
Lender may require that any or all subsequent payments due under the Note and tlus Security
Instrument be made Ill one or more of the following forms, as selected by Lender (a) cash, (b)
money order, (c) cert1f1ed check, bank check, treasurer's check or cashier's check, provided any
such check 1.s drawn upon an mst1tut1on whose depos1ts are insured by a federal agency,
rnstrumentahty, or entity; or (d) Electronic Funds Transfer
Payments are deemed received by Lender when received at the location designated m the
Note or at such other locatton as may ho designated by Lender m accordance with the notice
provisions m Section 15 Lender may return any payment or parttal payment 1f the payment or
partial payments are msuffic1ent to brmg the Loan current Lender may accept any payment or
partial payment msuff1c1ent to bnng the Loan current, without waiver of any rights hereunder or
preJud1ce to 11>: 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 Per10d1c
Payment is applied as of its scheduled due date, then Lender need not pay interest on unspplted
funds Lender may hold such unapplted funds until Borrower makes payment to bring the Loan
current If Borrower does not do so withtn a reasonable period of time, Lender shall either apply
such funds or return them to Borrower If not applted earlier, such funds will be applied to the
outstanding prmc1pal balance under the Note 1mmedrntely J)l'IOr to foreclosure No offset or claim
which Borrower might have now or in the future against Lender shall relieve Borrower from
making payments due under the Note and thts Secunty Instrument or performing the covenants
and agreements secured by tlus Security Instrument
2. Appltcatton of Payments or Proceeds. Except as otherwise described in this Sect10n 2,
all payments accepted and applied by Lender shall be applied in the followmg order of pnonty
(a) mterest due under the Note, (b) prrncipaJ due under the Note, (c) amounts due under Section
3 Such payments shall be applied to each Periodic Payment m the order m wluch 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 prmc1pal balance of the Note.
If Lender rece1vea a payment from Borrower for a delinquent Penod1c Payment which
mcludes a suff1c1ent amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge If more than one Penodic Payment is outstanding, Lender
may apply any payment received from Borrower to the repayment of the Periodic Payments if,
and to the extent that, each payment can be paid rn full. To the extent that any excess exists after
the payment 1s applied to the full payment of one or more Periodic Payments, such excess may ho
applied to any late charges due Voluntary prepayments shall be applied first to any prepayment
charges and then as described in the Note
Any apphcatlon of payments, lllS\lrance proceeds, or Miscellaneous Proceeds to prrnc1pal due
under the Note shall not extend or postpone the due date, or change the amount, of the Periodic
Payments
3.' Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments
are due under the Note, untJl the Note 1s paid in full, a sum {the "Funds") to provide for payment
of amounts due for (a) taxes and assessments and other items whtch can attain priority over thts
Security Instrument as a lien or encumbrance on the Property, (b) leasehold payments or ground
rents on the Property, 1f any, (c) premmms for any and all msurance required by Lender under
Sect10n 5, and (d) Mortgage Insurance premiums, tf any, or any sums payable by Borrower to
Lender rn lieu of the payment of Mortgage Insurance premmms Ill accordance with the prov1s1ons
of Section JO These items are called "F.scrow Items • At ongrnat,on or at any time durmg the
Initials e $ S, "<
Form 3(M8 1101 ~-6(W A) (0012) Pago 4 of 15
Cl/WA 06/23/04 5 43 PM 6091529312
20040625002234.005
term of the Loan, Lender may requtre that Commuruty Association Dues, Fees, and Assessments,
,1 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 patd under this Section
Borrower shall pay Lender the Funds for Escrow Items unless Lender watve.s Borrower's
obhgatton to pay the Funds for any or all Escrow Items Lender may watve Borrower's obhgatmn
to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be m
wnttng In the event of such watver, 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 furrush to Lender receipts ev1dencmg such payment within such time
period as Lender may require Borrower's obligation to make such payments and to provide
receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" rn used m Section 9 If Borrower 1s
obligated to pay Escrow Items directly, pursuant to a watver, and Borrower fails to pay the
amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such
amount and Borrower shall then be obligated under Sectton 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice
given rn accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all
Funds, and m such amounts, that are then required under thts Section 3
Lender may, at any time, collect and hold Funds rn an amount (a) sufficient to permit
Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the
maximum amount a lender can require under RESPA Lender shall estimate the amount of Funds
due on the barus of current data and reasonable estimates of expenditures of future Escrow Items
or otherwise l!I accordance with Appbcable Law
The Funds shall be held ,n an mst1tut10n whose deposits are l!lsured by a federal agency,
mstrumentahty, or entity (inc!udmg Lender, 1f Lender 1s an mstitution whose deposits are so
msured) 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
holdmg and applymg the Funds, annually analyzmg the escrow account, or verifymg the Escrow
Items, unless Lender pays Borrower mterest on the Funds and Applicable Law permits Lender to
make such a charge Unless an agreement is made tn writing or Apphcable Law requires rnterest
to be paid on the Funds, Lender shall not be reqmred to pay Borrower any interest or earrungs on
the Funds. Borrower and Lender can agree in writing, however, that mterest shall be paid on the
Funds. Lender shall give to Borrower, without charge, an annual accountmg of the Funds as
required by RESP A
If there ts a surplus of Funds held m escrow, as defined under RESPA, Lender shall account
to Borrower for the excess funds in accordance with RESP A If there 1s a shortage of Funds held
l!I escrow, as defmed under RESPA, Lender shall notify Borrower as required by RESPA, and
Borrower shall pay to Lender the amount necessary to make up the shortage l!I accordance with
RESPA, but l!I no more than 12 monthly payments. If there 1s a def10iency of Funds held m
escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and
Borrower shall pay to Lender the amount necessary to make up the def1c1ency ,n accordance with
RESP A, but m no more than J 2 monthly payments
Upon payment tn 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, fmes, and 1mporutions
attributable to the Property which can attatn prtortty over this Security Instrument, leasehold
payments or ground rents on the Property, if any, and Communtty Assoc1at1on Dues, Fees, and
Assessments, 1f any, To the extent that these items are Escrow Items, Borrower shall pay them tn
the manner provided in Sectmn 3
~-6(WA) (0012)
1n,11e1s ~s. 1-r
Page 5 of 15 Po.rm 3048 1/01
C\IWA 06/23/04 5 43 PM 6081529312
20040625002234:00E
Borrower shall promptly discharge any hen whtch has pnonty over this Security Instrument
unless Borrower (a) agrees m wr1tmg to the payment of the obligation secured by the hen m a
manner acceptable to Lender, but only so long as Borrower 1s performmg such agreement, (b)
contests the hen in good faith by, or de/ends against enforcement of the hen m, legal proceedings
which m Lender's opinion operate to prevent the enforcement of the hen while those proceedmgs
are pending, but only until such proceedmgs are concluded, or (c) secures from the holder of the
hen an agreement sattsfactory to Lender subordinattng the hen to this Security Instrument If
Lender determines that any part of the Property 1s subject to a hen which can attam pnonty over
this Security Instrument, Lender may give Borrower a notice identtfyrng the hen W1thtn 10 days
of the date on whtch that nottce 1s given, Borrower shall satisfy the hen or take one or more of
the actions set forth above m this Section 4
Lender may require Borrower to pay a one""t1me charge for a real estate tax verification
and/or reporttng service used by Lender m connection with thts Loan
5 Property Insurance. Borrower shall keep the improvements now ex1sttng or hereafter
erected on the Property insured agamst Joss by fire, hazards mcluded w1thm the term "extended
coverage," and any other hazards includmg, but not limited to, earthquakes and floods, for which
Lender requires insurance Thts msurance shall be maintamed rn the amounts (mcludtng
deductible levels) and for the penods that Lender requues What Lender requires pursuant to the
precedtng sentences can change during the term of the Loan The msurance carrier providing the
msuranco shall be chosen by Borrower subJect to Lender's nght to disapprove Borrower's choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, m
connection with this Loan, either (a} a one"iime charge for flood zone determmation, certification
and tracking services, or (b) a one-ttme charge for flood zone determmat1on and certiftcation
services and subsequent charges each time remapp1ngs or stm1lar changes occur which reasonably
might affect such determmatton or certification Borrower shall also be respOilSl ble for the
payment of any fees imposed by the Federal Emergency Management Agency m connectton with
the review of any flood zone determmatton resultmg from an obiectwn by Borrower
If Borrower fruls to mruntam any of the coverages described above, Lender may obtam
insurance coverage, at Lender's optton and Borrower's expense. Lender ts under no obhgation to
purchase any parttcular type or amount of coverage Therefore, such coverage shall cover Lender,
but might or might not protect Borrower, Borrower's eqUJty m the Property, or the contents of
the Property, agamst any risk, hazard or ltab1hty and might provide greater or lesser coverage
than was prev10usly m effect Borrower acknowledges that the cost of the rnsurance coverage so
obtained might s1gmf1cantly exceed the cost of insurance that Borrower could have obtained Any
amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument These amounts shall bear interest at the Note rate from the
date of disbursement and shall be payable, with such mterest, upon notJco from Lender to
Borrower requesttng payment
All insurance policies reqmred by Lender and renewals of such policies shall be subiect to
Lender's right to disapprove such pohc1es, shall include a standard mortgage clause, and shall
name Lender as mortgagee and/or as an add1t10na! loss payee, Lender shall have the right to hold
the po!,c,es and renewal certificates If Lender requires, Borrower shall promptly give to Lender
all receipts of paid premrnms and renewal nottces. If Borrower obtruns any form of insurance
coverage, not otherwise required by Lender, for damage to, or destruct1on of, the Property, such
policy shall rnclude a standard mortgage clause and shall name Lender as mortgagee and/or as an
additional loss payee
In the event of loss, Borrower shall give prompt notice to the msurance carrier and Lender
Lender may make proof of loss 1f not made promptly by Borrower Unless Lender and Borrower
otherwise agree m writing, any insurance proceeds, whether or not the underlying insurance was
SK ,S. ..,;(w A) (0012) Pago 6 oflS ' Form 3CM3 1101
CVWA 06123104 5 43 PM 6081129312
20040625002234.007
reqwred by Lender, shall be appl.ted to restoration or repair of the Property, if the restorat.ton or
repair is economically feasible and Lender's security is not lessened. Dunng such repair and
restorat.ton per10d, Lender shall have the right to hold such insurance proceeds until Lender has
had an opportumty to inspect such Property to ensure the work has been completed to Lender's
sat1sfact.lon, provided that such inspection shall be undertaken promptly Lender may disburse
proceeds for the repairs and restoration in a single payment or m a senes of progress payments as
the work is completed Unless an agreement is made m writing or Appltcable Law requires
mterest to be paid on such insurance proceeds, Lender shall not be rcqiured to pay Borrower any
interest or earnings on such proceeds Fees for publtc adJUSlers, or other third parties, retamed by
Borrower shall not be paid out of the msurance proceeds and shall be the sole obltgat,on of
Borrower If the restorat10n or repair is not econom1cally feasible or Lender's security would be
lessened, the msurance proceeds shall be apphed to the sums secured by tlus Security Instrument,
whether or not then due, with the excess, 1f any, paid to Borrower Such msurance proceeds shall
be applied m the order provided for m Section 2
If Borrower abandons the Property, Lender may ftle, negot!3te and settle any avatlable
msurance claim and related matters If Borrower does not respond within 30 days to a notice
from Lender that the insurance earner has offered to settle a claim, then Lender may negotiate
and settle the claim The 30·day penod will begin when the notice 1s given In etther event, or if
Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(a) Borrower's nghts to any insurance proceeds m an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the
right to any refund of unearned premiums paid by Borrower) under all msurance policies
covermg the Property, insofar as such rights are applicable to the coverage of the Property Lender
may use the 10surance proceeds either to reprur 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 w1thm 60 days after the execut.ton of tlus Security Instrument and shall
contmue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees m wnt.tng, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property, Inspect10ns Borrower
shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit
waste on the Property Whether or not Borrower is res1dmg m the Property, Borrower shall
maintain the Property m order to prevent the Property from deterioratmg or decreasmg in value
due to ,ts cond1t10n Unless 1t ,s determmed pursuant to Sect.ton 5 that repair or restoration 1s not
economically feasible, Borrower shall promptly repair the Property 1f damaged to avoid further
deter10rat10n or damage If msurance or condemnat.ton proceeds are prud m connect.ton with
damage to, or the takmg of, the Property, Borrower shall be responsible for repamng or restoring
the Property only if Lender has released proceeds for such purposes. Lender may disburse
proceeds for the repairs and restoration m a single payment or in a series of progress payments as
the work 1s completed If the insurance or condemnat.ton proceeds are not suff101ent to repair or
restore the Property, Borrower 1s not relieved of Borrower's obligation for the completion of such
repair or restorat10n
Lender or its agent may make reasonable entries upon and 1nspec1:tons of the Property. If it
has reasonable cause, Lender may mspect the interior of the improvements on the Property
Lender .shall give Borrower notice at the time of or pnor to such an mtertor inspect.ton spec1fymg
such reasonable cause
~-6(W A) (0012) Page 7 of 15
ln1t10ls G'.'."s Sk
' 'Form 30-48 1/01
CVWA 06/23/04 5 43 PM 6081529312
2004062500223't:008
8 Borrower's Loan Apphcat1on. Borrower shall be rn default 1f, during the Loan
appltcatJon process, Borrower or any persons or entlties acting at the d1rect1on of Borrower or
with Borrower's knowledge or consent gave matenally false, misleading, or inaccurate
informat10n or statements to Lender (or fatled to provide Lender with matenal informatlon) m
connect1on with the Loan Matenal representatlons include, but are not ltmited to, representations
concemmg Borrower's occupancy of the Property as Borrower's prmetpal residence
9 Protection of Lender's Interest m the Property and Rights Under this Security
Instrument. If (a} Borrower fails to perform the covenants and agreements contained in this
Security Instrument, (b) there ts a legal proceedmg that might sigmficantly affect Lender's interest
m the Property and/or nghts under th.ts Security Instrument (such as a proceedmg tn bankruptcy,
probate, for condemnation or forfeiture, for enforcement of a !ten which may attain priority over
this Secunty Instrument or to enforce laws or regulattons), or (c) Borrower has abandoned the
Property, then Lender may do and pay for whatever 1s reasonable or appropriate to protect
Lender's interest in the Property and rights under this Security Instrument, includmg protecttng
and/or assessing the value of the Property, and securing and/or repamng the Properiy Lender's
act10ns can tnclude, but are not ltm1ted to (a) paying any sums secured by a hen which has
priority over this Security Instrument, (b) appearmg in court, and (c) paying reasonable attorneys'
fees to protect its tnterest m the Property and/or rights under this Security Instrument, tncluding
its secured positton in a bankruptcy proceeding Securing the Property includes, but is not limited
to, entering the Property to make repairs, change locks, replace or board up doors and windows,
dram water from pipes, eltminate budding or other code violations or dangerous conditrnns, and
have ut1ht1es turned on or off Although Lender may take actton under this Section 9, Lender does
not have to do so and is not under any duty or obltgatlon to do so It 1s agreed that Lender mcurs
no ltabiltty for not takmg any or all actions authonzed under this Section 9
Any amounts disbursed by Lender under this SectJon 9 shall become addit10nal debt of
Borrower secured by thts Security Instrument These amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable, with such 1nterest, upon notice from Lender
to Borrower requesting payment
If this Security Instrument is on a leasehold, Borrower shall comply with all the prov1ruons
of the lease. If Borrower acquires fee !!tie to the Property, the leasehold and the fee title shall not
merge unless Lender agrees to the merger ID wn!Jng.
I 0. Mortgage Insurance. If Lender requtred Mortgage Insurance as a condition of making
the Loan, Borrower shall pay the premiums required to marntam the Mortgage Insurance m effect
If, for any reason, the Mortgage Insurance coverage reqmred by Lender ceases to be available from
the mortgage msurer that previously provided such insurance and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay
the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance
prevtously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage
Insurance previously m effect, from an alternate mortgage rnsurer selected by Lender If
substantlally equivalent Mortgage Insurance coverage is not available, Borrower shall contJnue 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 tn heu of Mortgage Insurance Such loss reserve shall be
non-refundable, notwithstandtng the fact that the Loan 1s ultimately paid tn full, and Lender shall
not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no
longer require loss reserve payments tf Mortgage Insurance coverage ( m the amount and for the
period that Lender requires) provided by an rnsurer selected by Lender agam becomes avatlable, 1s
obtamed, and Lender reqmres separately designated payments toward the premmms for Mortgage
Insurance If Lender requtred Mortgage Insurance as a con di trnn of makmg the Loan and
~-6(WAl (0012) Page 8 of IS
Initials rf \ 5, K.
Form 3048 1/01
CVWA 06/23/04 5 43 PM 6081529312
20040625002234.009
Borrower was reqwred to make separately designated payments toward the premiums for
Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance
in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage
Insurance ends m accordance with any written agreement between Borrower and Lender prov1dmg
for such termination or unttl termination is reqwred by Applicable Law Noth,ng m th,s Sectmn
10 affects Borrower's obligatmn to pay interest at the rate provided m the Note
Mortgage Insurance re1mburses Lender (or any ent,ty that purchases the Note) for certam
losses it may mcur 1f Borrower does not repay the Loan as agreed. Borrower 1s not a party to the
Mortgage lDSUJ"ance.
Mortgage insurers evaluate their total risk on all such 1nsurance rn force from time to time,
and may enter mto agreements with other parties that share or modify their rtsk, or reduce losses
These agreements are on terms and conditions that are satisfactory to the mortgage insurer and
the other party (or parties) to these agreements These agreements may require the mortgage
rnsurer to make payments usrng any source of funds that the mortgage insurer may have available
(which may mclude funds obtained from Mortgage Insurance prerruums)
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any
reinsurer, any other enl!ty, or any affiliate of any of the foregoing) may receive (directly or
indirectly) amounts that derive from (or might be characterized as a port,on of Borrower's
payments for Mortgage Insurance, in exchange for shanng or modifymg the mortgage insurer's
risk, or reduc,ng losses If such agreement provides that an affiliate of Lender takes a share of the
msurer's risk in exchange for a share of the premiums paid to the msurer, the arrangement is
often termed "captive remsurance" 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 ai;reements will not
mcrease the amount Borrower will owe for Mortgage Insurance, and they will not entitle
Borrower to any refund
(b) Any such agreements wtll not affect the nghts Borrower has -if any -with
respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any
other Jaw These rights may mclude the right to receive certain disclosures, to request
and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance
terminated automat,ca!ly, and/or to receive a refund of any Mortgage Insurance
preml.ums that were unearned at the time of such cancetlat1on or termtnatton.
11. Assignment of Miscellaneous Proceeds, Forfeiture All Miscellaneous Proceeds are
hereby assigned to and shall be paid to Lender
If the Property is damaged, such Miscellaneous Proceeds shall be applted to restoration or
repair of the Property, if the restoration or repair is economically feasible and Lender's security ,s
not lessened Durmg such rep81r and restoration period, Lender shall have the nght to hold such
Miscellaneous Proceeds until Lender has had an opporturuty to tnspect such Property to ensure
the work has been completed to Lender's sat1sfactton, provided that such 1nspect1on shall be
undertaken promptly Lender may pay for the repairs and restorat10n in a smgle disbursement or
m a series of progress payments as the work is completed Unless an agreement ,s made m
writing or Appl,cable Law requires interest to be paid on such M,scellaneous Proceeds, Lender
shall not be required to pay Borrower any mterest or earnmgs on such Miscellaneous Proceeds. If
the restorat,on or repair is not economically feast ble or Lender's security would be lessened, the
M1scellaneous Proceeds shall be applied to the sums secured by thrn Secur,ty Instrument, whether
or not then due, with the excess, if any, paid to Borrower Such Miscellaneous Proceeds shall be
applted m the order provided form Section 2
In the event of a total taking, destruct,on, or loss m value of the Property, the Miscellaneous
Proceeds shall be applted to the sums secured by this Security Instrument, whether or not then
due, w,th the excess, 1f any, paid to Borrower
In the event of a partial taking, destruction, or loss m value of the Property in whtch the f31r
market value of the Property immediately before the partial taking, destruction, or loss m value is
equal to or greater than the amount of the sums secured by this Security Instrument ,mmedtately
before the _partial taking, destruction, or loss m value, unless Borrower and Lender otherwise
agree m writing, the sums secured by thts Security Instrument shall be reduced by the amount of
the Miscellaneous Proceeds multiplied by the followmg fraction (a) the total amount of the sums
secured 'immed1&tely before the partial taking, destructmn, or loss m value divided by (b) the fair
. ~-6(WA) (0012) Pago 9 of IS
In,tials k\ ~ /.(.
< Form 3048 1101
CVWA 06/23/04 5 43 PM 6081529312
2004os211002z:'.!il.o I e
market value of the Property immediately before the partial taking, destruction, or loss in value
Any balance shall be paid to Borrower
· In the event of a partial taking, destruction, or loaa in value of the Property in which the fair
market value of the Property 1mmed1ately before the partial taking, destruction, or loaa m value 1s
less than the amount of the sums secured immediately before the partial takmg, destruction, or
loss m value, unless Borrower and Lender otherwise agree m 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 ts abandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposmg Party (as defmed m the next sentence) offers to make an award to settle a claim for
damages, Borrower fails to respond to Lender within 30 days after the date the notice 1s given,
Lender is authonzed to collect and apply the Miscellaneous Proceeds either to restoratJon or
repair of the Property or to the sums secured by this Secunty Instrument, whether or not then
due "Opporung Party" means the thtrd party that owes Borrower Miscellaneous Proceeds or the
party against whom Borrower has a nght of action in regard to M,scellaneous Proceeds
Borrower shall be m default if any action or proceed.mg, whether civil or onmmal, 1s begun
that, · m Lender's judgment, could result m forfeiture of the Property or other rnater,aJ
impairment of Lender's mterest in the Property or righta under this Secunty Instrument
Borrower can cure such a default and, tf acceleration has occurred, remstate as provided m Section
19, by causing the actmn or proceeding to be dismissed with a ruling that, m Lender's judgment,
precludes forfeiture of the Property or other material impairment of Lender's interest m the
Property or rights under thrn Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's mterest m the Property are hereby
assigced and shall be paid to Lender
All Miscellaneous Proceeds that are not applied to restoratJon or repair of the Property shall
be applied m the order provided for m Section 2
J,2 Borrower Not Released, Forbearance By Lender Not a Waiver. Extension of the
time 'for payment or mod1f1cat1on of amortization of the sums secured by this Security
Instrument granted by Lender to Borrower or any Successor m Interest of Borrower shall not
operate to release the hab1hty of Borrower or any Successors in Interest of Borrower Lender shall
not be requ1red to commence proceedmgs against any Successor m Interest of Borrower or to
refuse to extend time for payment or otherwise modify amortization of the sums secured by thrn
Security Instrument by reason of any demand made by the ong,.nal Borrower or any Successors m
Interest of Borrower Any forbearance by Lender m exercising any right or remedy mclud1ng,
without hmitat1on, Lender's acceptance of payments from third persons, ent1t1es or Successors m
Interest of Borrower or m amounts less than tho amount then due, shall not be a waiver of or
preclude the exercise of any right or remedy
13. Joint and Several :C1abd.1ty, Co-signers, Successors and Assigns Bound Borrower
covenants and agrees that Borrower's obligatJons and ltab1hty shall be JOtnt and several However,
any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-s,gner")
(a) 1s co-sign~ this Security Instrument only to mortgage, grant and convey the co-s1gcer's
interest m the Property under the terms of thts Secunty Instrument, (b) ts not personally
obltgated to pay the sums secured by thrn 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 thts Security Instrument or the Note without the co-signer's consent
SubJect to the prov1s1ons of Section 18, any Successor m Interest of Borrower who assumes
Borrower's obhgat1ons under this Security Instrument m wnting, and 1s approved by Lender, shall
obtam all of Borrower's rights and benefits under tlus Security Instrument Borrower shall not be
released from Borrower's obhgations and liab1l1ty under thts Security Instrument unless Lender
agrees to such release m writmg The covenants and agreements of this Security Instrument shall
bmd ( except as provided in Secnon 20) and benefit the successors and aSSJgns of Lender
14. Loan Charges Lender may charge Borrower fees for services performed m connection
with Borrower's default, for the purpose of protectmg Lender's mterest m the Property and rights
under this Security Instrument, mcludtng, but not hmited to, attorneys' fees, eroperty 1nspect10n
and valuation fees In regard to any other fees, the absence of express authority m this Security
Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the
charging of such fee. Lender may not charge fees that are expressly proh1b1ted by this Security
Instrument or by Apphcable Law
lntttals es s k
, Form 3048 1101 · tQ.-6(WA) (0012) Page 10 of 15
CVWA 06/23/04 5 43 PM 6081529312
2004062!1002234.0 I 1
If the Loan 1s subJect to a law which sets maximum loan charges, and that law is fmally
mterpreted so that the mterest or other loan charges collected or to be collected in connection
with the Loan exceed the permitted 11.truts, then (a) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected
from Borrower which exceeded permitted limits wdl be refunded to Borrower Lender may
choose to make this refund by reducmg the princ1 pal owed under the Note or by making a direct
payment to Borrower. If a refund reduces pnncipa!, the reduction will be treated as a partial
prepayment without any prepayment charge (whether or not a prepayment charge is provided for
under the Note) Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a wruver of any nght of action Borrower might have arising out of such
overcharge
15. No11ces. All notices given by Borrower or Lender m connection with th,s Security
Instrument must be m wnting Any notioe to Borrower m connection with this Secunty
Instrument shall be deemed to have been given to Borrower when mailed by first class mat! 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 expresaly 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 dehvermg it or by ma1ltng it by first class mall to
Lender's address stated herein unless Lender has designated another address by notice to
Borrower Any notice m connection with this Security Instrument shall not be deemed to have
been given to Lender until actually received by Lender If any notice required by this Security
Instrument is also required under Apphcable Law, the Appltcable Law requirement will satisfy the
correspondmg requirement under this Security Instrument
16 Governing Law, Severab1bty; Rules of Construction. This Secunty Instrument shall
be governed by federal law and the law of the JUnsdict1on tn which the Property is located All
rights and obligations contained in this Secunty Instrument are subJect to any reqwrements and
hmitat10ns of Applicable Law Applicable Law might explicitly or implicitly allow the partles to
agree by contract or it might be stlent, but such stlence shall not be construed as a proh1 bition
agrunst agreement by contract In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
proviS1ons of this Secunty Instrument or the Note which can be given effect without the
conflicting prov1S1on
As used 10 this Secunty Instrument (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender, (b) words tn the singular
shall mean and mcluae the plural and vice versa; and (c) the word "may" gives sole dtscretlon
without any obhgat1on to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Secunty
Instrument
18 Transfer of the Property or a Bencfictal Interest m Borrower As used tn th,s
Sect10n 18, "Interest 10 the Property" means any legal or benef101al mterest in the Property,
including, but not limited to, those beneficial interests transferred m a bond for deed, contract for
deed, mstallment sales contract or escrow agreement, the mtent of which 1s the transfer of title by
Borrower at a future date to a JlUrchaser
If all or any part of the Property or any Interest m the Property 1s sold or transferred (or if
Borrower 1s not a natural person and a beneficial mterest in Borrower is sold or transferred)
without Lender's pnor written consent, Lender may require immediate payment m full of all
sums secured by this Secunty Instrument However, thts option shall not be exercised by Lender
if such exercise is prohibited by Applicable Law
If Lender exercises this opt10n, Lender shall give Borrower notice of accelerat.10n The nottce
shall provide a period of not less than 30 days from tho date the notice is given 10 accordance with
Sect10n 15 within which Borrower must pay all sums secured by this Secunty Instrument If
Borrower fails to pay these sums prior to the expiration of this penod, Lender may mvoke any
remedies permitted by this Securtty Instrument without further notice or demand on Borrower
-6(WA) (0012) Pego lJ of 15
s It'
' ' Form 3048 1/01
CVWA 06/23/04 5 43 PM 6081529312
.-,
20040625002234.012
19. Borrower's Right to Remstate After Accelerat1on. If Borrower meets certarn
conditions, Borrower shall have the right to have enforcement of this Security Instrument
dJscontmued at any time pNor to the earliest of (a) five days before sale of the Property pursuant
to any power of sale contamed m tlus Secunty Instrument; (b) such other period as ApPlicable
Law.might specify for the termmat10n of Borrower's nght to reinstate; or (c) entry of a JUdgment
enforcrng this Secunty Instrument Those conditions are that Borrower· (a) pays Lender all sums
which then would be due under this Security Instrument and the Note as tf no acceleration had
occurred; (b} cures any default of any other covenants or agreements, (c} pays all expenses
incurred in enforcrng this Security Instrument, mcluding, but not limited 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 rights under this Security Instrument, and (d} takes such
act10n as Lender may reasonably require to assure that Lender's mterest rn the Property and rights
under this Secunty Instrument, and Borrower's obligation to pay the sums secured by this
Secunty Instrument, shall continue unchanged Lender may requ,re that Borrower pay such
reinstatement sums and expenses m one or more of the followmg forms, as selected by Lender
(a) cash, (b} money order, (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, rnstrumental1ty or entity, or (d} Electronic Funds Transfer Upon remstatement by
Borrower, this Secunty Instrument and obltgations secured hereby shall remain fully effective as
if no acceleration had occurred However, this nght to retnstate shall not apply m the case of
acceleratton under Section 18
20 Sale of Note1 Change of Loan Servicer, Notice of Grievance. The Note or a partial
interest rn the Note \ together with this Security Instrument) can be sold one or more times
without prior notice to Borrower A sale might result m a change m the entity (known as the
"Loan Servicer"} that collects Pertodic Payments due under the Note and this Secunty Instrument
and performs other mortgage loan servicmg obltgat10ns under the Note, this Secunty Instrument,
and Apphcable Law There also might be one or more changes of the Loan Servicer unrelated to a
sale of the Note If there 1s a change of the Loan Servicer, Borrower will be gtven written notice of
the change which will state the name and address of the new Loan Servtcer, the address to which
payments should be made and any other information RESPA requires m connection with a notice
of transfer of servtcing Ir the Note 1s sold and thereafter the Loan 1s serviced by a Loan Servicer
other than the purchaser of the Note, the mortgage loan semcmg obhgatlons to Borrower wdl
remam with the Loan Servicer or be transferred to a successor Loan Servteer and are not assumed
by the,Note 1mrchaser unless otherwise provided by the Note purchaser
Neither Borrower nor Lender may commence, Jom, or be JOtned to any Judicial actton (as
either an md1v1dual htigant or the member of a class) that arises from the other party's actions
pursuant to this Security Instrument or that alleges that the other party has breached any
provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party (with such notice given m compliance with the requirements
of Section 15) of such alleged breach and afforded the other party hereto a reasonable penod after
the givmg of such notice to take corrective action If Applicable Law provides a time period
which must elapse before ccrtam action can be taken, that time per10d will be deemed to be
reasonable for purposes of this paragraph The notice of acceleration and opportumtr to cure
g1ven 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 opportumty to take corrective
act1onfrov1sions of this Sect10n 20
2 Hazardous Substances. As used m this Section 21 (a} "Hazardous Substances• arc
those substances defmed as toxic or hazardous substances, pollutants, or wastes by Environmental
Law and the following substances. gasoline, kerosene, other flammable or toxic petroleum
products, tmac pest1c1dcs and herbicides, volatile solvents, materJBls containing asbestos or
formaldehyde, and radioactive matenals; (b} "Environmental Law" means federal laws and laws
of the jur1sd1ct1on where the Property 1s located that relate to health, safety or environmental
protectton, (c) "Environmental Cleanup" mcludes any response action, remedial action, or
removal action, as defmed m Environmental Law, and (d) an "Bnv1ronmental Condition" means
a condition that can cause, contribute to, or otherwise trtgger an Envtronmental Cleanup
Borrower shall not cause or permit the presence, use, d1sposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or 1n the Property
~-6(WA) (0012) Page 12 of JS Form 30-48 1/01
CVWA 06/23/04 5 43 PM 6081529311
20040625002234.0I~
Borrower shall not do, nor allow anYone else to do, anything affectmg the Property (a) that 1s m
violation of any Environmental Law, (b) which creates an Environmental Cond.ttton, or (c)
which, due to the presence, use, or reloase of a Hazardous Substance, creates a condition that
adversely affects the value of the Property The preced.tng two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropnate to normal residential uses and to maintenance of the
Property (mcludmg, but not limited to, hazardous substances m consumer products)
,Borrower shall promptly give Lender wntten notice of (a) any investigation, claim, demand,
lawSUJt or other action by any governmental or regulatory agency or pnvate party mvolvrng the
Property and any Hazardous Substance or Environmental Law of which Borrower has actual
knowledge, (b) any Environmental Cond.ttion, rncluding but not limited to, any spilling, leaking,
discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by
the presence, use or release of a Hazardous Substance which adversely affects the value of the
Property If Borrower learns, or 1s nollf1ed by any governmental or regulatory authonty, or any
private party, that any removal or other remodrntion of any Hazardous Substance affecllng the
Property 1s necessary, Borrower shall promptly take all necessary remedial actions rn accordance
with Envtronmental Law. Nothing herein shall create any obltgatmn on Lender for an
Env1ronmental Cleanup
NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as
follows
22 Accelerat10n, Remedies. Lender shall give notice to Borrower prior to
acceleration followmg Borrower's breach of any covenant or agreement rn th1s Security
Instrument (but not _prior to acceleration under Sect10n 18 unless Applicable Law
provides otherwise). The nohce shall specify (a) the default, (b) the action required to
cure the default, (c) a date, not less than 30 days from the date the nohce 1s 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 m acceleration of the sums secured
by this Secunty Instrument and sale of the Property at public auctton at a date not less
than 120 days m the future The nohce shall further mform Borrower of the nght to
remstate after accelerot10n, the right to brtng a court act10n to assert the non-existence of
a default or any other defense of Borrower to acceleration and sale, and any other
matters required to be mcluded tn the notice by Apphcable Law If the default 1s not
cured on or before the date spec1f1ed m the nohce, Lender at 1ts opt10n, may requ1re
immediate payment tn full of all sums secured by this Securtty Instrument without
further demand and may mvoke the power of sale and/or any other remedies permitted
by Apphcable Law. Lender shall be entitled to collect all expenses mcurred m pursuing
the remedies provided rn th1s Section 22, includmg, but not hm1ted to, reasonable
attorneys' fees and costs of title evidence.
If Lender mvokes the power of sale, Lender shall give written nottce 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 regardmg notice of sale and shall g1ve
such notices to Borrower and to other persons as Applicable Law may require. After the
tune required by Apphcable Law and after pobhcahon of the notice of sale, Trustee,
without demand on Borrower, shall sell the Property at public auct10n to the highest
bidder at the tune and pface and under the terms destgnated m the notice of sale w one
or more parcels and in any order Trustee determmes. Trustee may postpone sale of the
Property for a period or periods permitted by Apphcablo Law by pubhc announcement
at the time and place fixed m the notice of sale. Lender or 1ts des1gnee may purchase the
Property at any sale.
Trustee shall dehver to the purchaser Trustee's deed conveymg the Property
without any covenant or warranty, expressed or imphed. The recitals m the Trustee's
deed shall be pruna facte evidence of the truth of the statements made therein. Trustee
shall apply the proceeds of the sale m the followmg order· (a) to all expenses of the sale,
mcludrng, but not ltmited to, reasonable Trustee's and attorneys' fees, (b) to all sums
secured by this Security Instrument; and (c) any excess to the person or persons legally
entitled to it or to the clerk of the superior court of the county in which the sale took
place.
Gtt,--6(WA) (0012) Pago 13 of 15
In1t1a1, -e~ S, /<;
Form 3048 1101
CVWA 06/23/04 5 43 PM 6081529312
2004062!10022!4.C, 14
23 Reconveyance. Upon payment of all sums secured by this Secunty Instrument, Lender
shall request Trustee to reconvey the Property and shall surrender tills Security Instrument and all
notes evidencing debt secured by th,s Security Instrument to Trustee Trustee shall reconvey the
Property without warranty to the person or persons legally entitled to 1t. Such person or persons
shall pay any recordatton costs and the Trustee's fee for preparing the reconveyance
,24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to llme
appomt a successor trustee to any Trustee appomted hereunder who has ceased to act Without
conveyance of the Property, the successor trustee shall succeed to all the tttle, power and duties
conferred upon Trustee herein and by Applicable Law
.25 Use of Property. The Property 1S not used pnnctpally for agricultural purposes
26 Attorneys' Fees. Lender shall be entitled to recover tis reasonable attorneys' fees and
costs in any action or proceedmg to construe or enforce any term of this Secunty Instrument The
term, "attorneys' fees,' whenever used m thts Secunty Instrument, shall include without ltmitat10n
attorneys' fees incurred by Lender m any bankruptcy proceeding or on appeal
ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY,
EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT
OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
in this Security Instrument and in any Rider executed by Borrower and recorded with ,t
-'~""'-"'=.;..,_,c.:;...__9=''=""'-"()c.......,.... ___ (Seal)
GURDEV SINGH -Borrower
-.:cS'-~-..c;.-=--_/~-----(Seal)
SURJIT KAUR -Borrower
------------(Seal) ------------(Seal)
-Borrower -Borrower
(Seal) --------------___________ (Seal)
·Borrow or -Borrower
------------(Seal) ------------(Seal)
-Borrower ~Borrower
--6(WA) (0012) Page 14 of 15 Form 3048 1101
CVWA 06/23/04 5 43 PM 6081529312
-..
20040929001!94.815
STATE OF WASHINGTON
County of King
On this day personally appeared before me
a.JRDEV SINGH and SURJIT KAUR
J ••
' to me known to be the md1vidual(s) described m and who executed the w1thm and foregomg
rnstrument, and acknowledged that he/sh~s1gned the same as his/her~ee and voluntary
act and deed, for the uses and purposea therein mention~
GIVEN under my hand and official seal this ;J,. 't ' ~ day of June,
1
2004
-----.....
~»?1~
Notary Pubhc 1n and for the Stato of Wash1ngto11, ros1cb4g at
King County Marsha M. Boyd
My Appomtment Expires on 3-29=2006
~-6(WA) (0012) Pago 15 of 15
CVWA 06/23/04 5 43 PM 6081529312
1n, ... 1s C:; s k
' Fo,m lQ.48 1101
Filed for record at request ot
(and when recorded return to):
soos c=••k Water and sewer District
p.o. Box S80J9
14616 s.E. 192nd Str•et
Re~ton, ·.Washington 98058-1039
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DIVELOPKR BZTEJISION
QtkBORSEJODff lCUi!JtUl
SOOS 0ZPJt WATER ),)11) 5nD. DISTRICT
LA.n:COKl!R ~ HQ. _.1..§.L.
wator
Rni,olutioa 110. / f .'4 /
Tnntlo•tioa date February 12 1 200 7
, 19.Ji!L__
T!lxs ~ mad• and entered into by and bet-.:een Soo• creek water and
sewer oi'strict, a Waahington Hunicipal Corporation, h\lreina!tar referred to
u -th• ·oiatrict·, and Wilson 2 X Partners • or an1gns,
hereinafter collectively referred to•• •OVner•.
NIT Hg SSE TB:
wmtR.EAS. Olo'ner has installed water or Dever mains and/or facilities to
provide 1ervice to pt"opert.ies within the 1ervice are& of the District, and the
Oistrict:has accepted a Bill of sale tor sucb facilities; aad
Wl!E:R.EAS, the Board o! co.iranis,ioners o!. the District has by Resolutioo
provided for tha •xacution of agreements for th• reimbursement to owners or
their ,uaigns from connectioa ch.u-9es of a portion Ot the coats o! auch
!acilities from other property o-wners ·.rho au.baeq,•r,atly connect to cir use the
facilities who did not contribute to the original cost thereof; and
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Latecomer Agreement No. !.62____
WKE:RJtAS, the facilities de:scribed in Exhibit .. ,. .. hereto have been
in:stallod by owner, and ua.,,y be connected to or used by other property owners
pursuant to tho Comprehensive Plan of the District; and
lflll!OlDS, the Board ct Comm.iiusiooers has detamiaed which parcels ot
Property would require •Wl&r facility improve111ttnts if developed u per:'li.tted
by the Comprehenaive Plan ot the District~ the l•9•l desicription ot 11.uch
pa.reels being de,cribed in Exhibit •a• hereto.
ROIi', TIDCRZ7 ORB, IT IS M:RX1m 1
Pacillti••· That tho tacllities subject to this R11timbune111ent
Aqreem.nt are thoae described in Exhibit • .,. .. hereto, the contents of vhieh are
~ncorporated herein by this reference as though fully set forth.
2. That tho railnburnment &rcta i:o vhich thh
Rei.:nburselllftnt Aqreezn•nt 1• applicabl• i• h•r•by ·d•t•rmin•d to b• the area
c:!escribed in Exhibit ·a· h•r•to, th• legal d••cription ot which i11 h•r•by
i;ncor-porated herein by thl!1 reterence a11 though fully ••t tort~.
J. Roimburae:ment .u.ouot. Th,1.t owner :11hall be entitled to l"ei:nliur110111en..:
punuant hereto in a tot&l amount ot S 1 )6 774 54 ___ , leu1 tho 201
a'd:ninhtrative charg• d••cribod hen,inbelow, which .amou,1t •hall b• collected
!rom th• rei.Jnbur••m•nt area at the rat•s deacribed in Exhibit ·s· heroto,
which rates ot reimbur••ment aro incorporated herein by this rotorenc". ~•r
acknowledge• that the such roi.mburtament amount ha11 been c:!eter.nined in
accordance with R.c.w. 56.16.0JO and/or R.C,N. 57.16.010, as i, appropriate
~o tho nature of the tacilitie:11.
4. Reilabure..,.ot Period. That owner shall h. entitled to reiv\buraoll'l4tnt
blltreto from conn•ction charges collect•d by th• District for a p•riod of
t'itte•n ( 1SJ year• tram the dat• ot acceptance by the District of a Dill of
s&lo for th• facilitiea described heroin. PUrauant borate, the entitlement
o'f owner to roi.mbursem•nt shall ter:n.inate on tho 12th da·y of
; February 2007 --
5. Collection After Roiaburaomoot Period. After tho date of ter.ni-
nation ot OVT'ler•a entitlement to reilnbur11e111ont, tho District =iihall collect the
~aunt.a osta.bliahed heroin &a connection charqe• t.o en.,ura that all owners
connecting to the Dhtrict•s facilitio.3 pay their fair share therefor. In
sUch e,rent, tho facilities described herein shall not be considered donated,
tbe potential for collection by the District, and the obligation for extended
maintenance and operation of under-utilized faciliti•• to be considered in tho
District's development ot its a.noral Facilitiet Charge• and ~onthly service
charges.
6 • .ld:d.D.ia~ativa Chnrge. That all sums received by the District as
connection charges to which this Reilnbursoment Agreement. would be applicable
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Latecomer Agreement No. 162
:shall be subject to an adminiattative c:barge of twenty p•rceDt (2CI) cf tbe
amount collected, whicb amount ahall be deducted by the Dbtrict upon
collection thereat'. The partiea hereto acknowledge that said amount is a
reasonable estimate ot' the District~• act.lial adm.f.nist.rae.lve costs to be
'incurred. pursuaDt hereto, .and further aclcnovledge that such charge is not a
pa.rt of tb• construction and contract admini~tratioo costs of the project.
, 7. w&iver ol' 1tebbar..:i21ent. That in the eveftt ovaer, or its auign11
Vaivas entitlBDent to any reiJahurHment provided for horeill, such va.iver will
be •ffKtive only _U exacuted and dlllinnd to the District prior to tho d&te
atly coan.ction cbup from. vhicb reimburaQ!eat is reqQired hereunder i•
,'tend.red. to the Dht.rict, and prior to ehe date owner'• entitle111eot. to
reimbuseJNnt hereunder tenlinates. rri such even.t, the Diae.rict abal.1 prep&Z"e
and record a Raleaae in the Kin9 cOunty Auditor•• ottJ.c., ~e1eaain9 trom ••ld
property all but ten percant ( 101; of the reimburHment UOW1t. to which
.i.mount the Dhtrict vill remain entitled aa a coaneceion char9e for it•
r'eaaona.ble esti.ated am.oded cost• of the administration h•reor.
8. ~atlona. That the Dbtrict ahall bava ~• d9bt to provide tor
~n• segr•gation ot conn.-otion charge• for ••ch owner of property within tho
ro!Jnburseinont area described heroin; provided, how.ver, that any auch
••9r•v•tion shall reeult in no aogregated pa.reel with l••• than 100 !eet of
frontage.
,. snforc-at by District. That owner agrees that the Diatrict•ti duty
to •nforce thie Agreement will be limited instances of actual utilizat-4.on by
Property ovnera of th• taailitiaa ducribed herein, and fUrtb•r agreH that
any non-utilization of th••• facilitiea resulting from la.ad use dociaiona of
~ther agencies or tram a pro1>4trty owner•s deaign of & ayatom. tor aervics of
Ule pro1>4trti•• described herein shall not be subject to reimbursement. 'l'h•
~iatrict•n only obli9ation ab&ll be to enforce its comprehensive Plan•• to
4ny such syatom. for providing service, which duty owner &Cknovled~• i• owed
to the public, and not to owner. Notvithstanding the.for.90in9, th• Diatrict
aqr••• to exerci1e goocs" faith in tbe protection ot owner#• riqhts hereunder,
and further sgre•• to exorci•• good faith not to prevent or delay collection
ot amounts from which owner i1 entitled to reimbursement beyond th• termina-
tion date o! owner•• entitlement, as stated heroinabove.
10. ccsts of Enforcement. lirJ.y co•ts reasonably incurred by the District
t;o enforce the tema ct _·tbin Agreement, including but not U.11Utad to
reasonable attorney f••• and court coata, •hall be chllrgeablo to owner, a.nd
shall bO deducted from connection cbugeu colloctod by th• District from which
OVl1er would be entitled.to rdmburHment, provided, how.var, tb.• District and
owner JDAY agree to •••ign to OWn•r tbo right to enforce colloction, which
asaignment shall be without recourH by Owner. agd.nat the Diatrict; and
provided further, that QVD.er aball pay to tbe District the tw.D.ty percent
(20•) administratiff cost proYidtid tor· herainabove prior to, and as a
condition to any such asaignment. ·
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ll. ~ .. 1rot1tication. owner •hall keep Dbt.rict adviaed of its
ad~11a during the term of this Aqreomen.t for PllrPO••• of correspoudeDCe,
ooticos or other ccmnunication pe,rtaini.ag hereto. The District shall ba
requJ.r.cS. only to utiliza tb• addreH on file vith the District tor any pu.rpo••• required hereby.
oum thio .J.l2..~•Y ot ---1.b:'l:l~.R:!..:::,., __ . 1~.
STATE OF WASBINGTON)
) u (Dbtdct)
COUH'ff OP UllO >
i on tb.b /.l! day of ~,bL 1' 'l.!l:.___, befon n-tho
unde'rd,nod, a Notary Public in~ I tor th• Sta.ta of wubiogton, duly
comi.nionod and avoro, personally appeand O (4t{A) Pflflf;L and A:lz,C,«:t< 6CQ 7./ t... , to -know to be th• President and Secnt.uy,
reapectively, of Soo• Creek Water and Sever Diatrict, tho llllnicipal corpo-
ration that executed tho foro9oin9 inaUWMat and aclmovledqed th• said
inat.rwDant tO be th t:tee &ad volu.ntary act and deed of aaid corporation, for
tb• uaea and purpoaea therein Mntioaed, and on oath at.at.ad thae th•y ar•
authariz•d to •x.cut• said lnstrwaea.t, and tba1;. th• ••al affixed la t.b~
cOrpo•at• · .. ...i of u.id municipal Corporation.
· WITNESS 'Ill'/ band and official Hal hereto attixod t.b• day and y.ar first.
above vritt•n,
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STATE OF11D.SBDfGTON)
I ) •• {Corporation)
COUNTr or IUlfG >.
i
on i thb __ . day .of ., 19 __ , before me th•
undoraignctd. • Notary Pllblic in and for th• State of vuhingtoo, duly
commiadoned 11.DCl svorn, paraonally appH.red and
· , to me ltnovn to btl th4I PrHidant &Dd. se,cretary,
r••pect1nlJ, of, ,. tll• cozporatioa. that
•xacuted. 1 tha toregoln9 lnaUUMnt and acknowledged the Hid ina~nt to be
t.h• trNi I and -.olu.atazJ' aat and d•«I of H.ld corporation, tor Ch• ua.. and
purpo•••: therein· -atiooed, and on o.Ch atae.d that t:hay are authorized to
execute of aaid 1net.rument, and tbat the aaal aft~ 1• ~• corporate •••l
of aaid Corporation.
vrrwas IIIJ' hand and official Hal bar.to affixed tt&. d.y and 7aar tint
above vrittan.
STATE or WASBINCTON)
In
COUNTY or' JUNO )
NOTARY PUBLIC in and for tba Stat• of
waahio~. raaidin9 at
Hy coaabdon expires _
{Individual)
oa :this day personally appaarad before me Tam .... a t.1 Howton
.,,.,~•llDlld',,'M~a":"rfc'-1PJ...~W11.1i~)~BllPUDl-""':-,-;:,:-:--,,,-,' to IN known to be the indiYidual
daacrU>.d in and vbo executed th• fore9oin9 inatrument· &Dd acknovl•d9ed th"•
___ a~gnad tbe HIN H ---voluntary act a d.-d. tor tha u••• and purpo••• 9;berein menticned.
cl:VZ'H under r.ry hand and olfiei&l
----"'>¥-----'· 1'-9.4.
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Issaquah •
12-29 94
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EXHIBIT "A"
Soos Creek Water & Sewer District
Sewer Latecomer's No. 162
DcscriptiOn of Facilities:
Plat of Chinquapin Ridge
Sewer Base Maps E-3 & F-3
1,831.00 lineal feet of 8-inch sewer main, 458 lineal feet of 6-inch sewer
stubs. and 6 Manholes on Southeast 192nd Street from 300 feet East of 1081h
Avenue Southeast to 610 feet east of 113th Way Southeast (adjoining Tax
Lois 145, 662340·0112, 662340·0120, 662340-0129, 662340-0; 31, 38,
662340-0115, 662340-0150, 662340-0152. 662340-0141, 662310-0140.
2. iao. 105. 73. and 2591.
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EXHIBIT "811
SOOS CREEK WATER & SEWER DISTRICT
SEWER LATECOMER'S NO. 162
Chinquapln Ridge
Base Maps E-3 and F-3
Those: portions of the Plat of PANTHER LAKE GARDEN TRACTS as recorded in
VolurY'le 9 of Plats. page 25, records of King County, Washington, described as
follows:
:rho Southerly 150 feet of the East 94, 76 feet of Tract 11;
!IND the Southerly 150 feet of Tract 12;
i AND tho Southerly 130 feet of tho Wost 154. 19 feet. and the North 138
feet of tho South 150 feet of the East 105 feet of Tract 13;
' AND that portion of the East 174.64 feet of said Tract 13 I~ J Northerly
of tho North line of King County Short Plat No.S90S0211:
~ND Lot 2 of King County Sharl Plat No. 482007 as recorded under
recording No. 8303080870;
-';'ND the North 150 feet of Tracts 14 and 15;
AND the North 180 feet of that portion of Government Lot No. 1.
Section 5. Township 22 North, Range 5 East, W.M., which lies Easterly
61 the East line of Lot 2 of King County Short Plat No. 681090 as
recorded under recording No. 82061 50667.
Less countv road.
All situate in King County I Washington.
Latecome<'s Rates: S 57.94 perflontfoot
$935.93 per stub
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King County
Department of Development
and Environmental Services
900 Oakesdale Avenue Southwest
Renton, WA 98057-5212
206-296-6600 TIY 206-296-7217
www.kingcounty.gov
May 12, 2008
Jennifer Toth Henning ·
Planning Manager
1055 South Grady Way
Renton, WA 98057
RE: Engineering Plan Approval Recommendation to the City of Renton
Singh Short Subdivision (Files L05S0009 and L06SR010)
Dear Ms. Henning:
The Department of Development and Environmental Services (DDES) has completed our review of
engineering plans for the Singh short subdivision. The short plat received preliminary approval by King
County on Octo)>er 28, 2005 and the property is now located in the recent annexation area of Renion along
SE 192"d Street. Our review of the project was completed prior to anriexation but is now being processed
by King County under the terms of the Interlocal Agreement (IA) between DDES and the City. ·
Pursuant to the Interlocal Agreement, we are forwarding the engineering plans to your office. We are
recommending the City concur with our approval of the plans because they are consistent with the
applicable standards and regulations for which the development is conditioned. Once we receive your
recommendation and the applicant submits the required inspection fees and bonding, we will approve the
engineering plans for construction.
· For your convenience, we are including key project file information that may assist in your review of these
plans. A Site and Restoration Bond will be posted with the County to guarantee the work is completed
according to permit conditions. It is our understanding subsequent. reviews and inspections related to this
project will be continued by the County, on be-half of the City of Renton. The staff contact for our Land
Use Inspection section is Jody Conyers, Project Manager, via email at jody.conyers@kingcounty.gov.
If you have questions or need any additional information, please do not hesitate to contact me at (206) 296-
7178 or via email at jim.sanders@kingcounty.gov.
_..Su:~cely,
ames Sanders, P.E.
Development Engineer
cc: Jody Conyers, Project Manager
Peter Dye, Senior Engineer
D e, Pete
From: Sanders, Jim
Sent:
To:
Wednesday, May 21, 2008 3:40 PM
Dye, Pete
Cc: Townsend, Steve
Subject: FW: Singh Short Subdivision (L05S0009 & L06SR010)
FYI
-----Original Message-----
From: Kayren Kittrick [mailto:Kkittrick@ci.renton.wa.us)
Sent: Wednesday, May 21, 2008 3:08 PM
To: Sanders, Jim
Subject: Singh Short Subdivision (L05S0009 & L06SR010)
Dear Mr. Sanders,
After review of the Singh Short Subdivision plans and documents, the City of Renton agrees
with King County staff's recommendation to approve for construction.
Please have the developer provide two (2) additional copies of the plan set for our files.
If there are any questions, please do not hesitate to contact me.
Kayren K. Kittrick
Development Eng. Supervisor
Permits & Inspections
Development Services Division
(425) 430-7299
1
soc
DOES
Department of Development
and Environmental Services
900 Oakesdale Ave SW
Renton, Washington 98057-5212
August 4, 2008
Applicant: TUMBER, KULDIP SINGH
19100 104TH PL SE
RENTON, WA 98055
425-271-6728
Activity/Project# Comp Type .Status :•·Lossooo9· --.
A04PM229
. . rRE>sP :~" . PJlrJ.t.P.P~ .
PREAPP-M COMPLETE
Activity Number:
Project Number:
Development Number:
PRE-SP
, Status:
Page I of I
L05S0009
PRELAPPR
Fee Charges Hours Charges Payments Balance Due
_ $10)89.49-·, :·10.00 ~·· -~ $'io;oJ1ii.~~ -, , · · JQ:oo .
$102.64 $978.10 $1,080.74 $0.00
iA07BNI06
L05V0045
*L06SROIO ,:
*L07FR057
~Q!'!P, , .. , .. JlE.<:;E.IYeI!. , , . $jo;999,:pf:: ·,·.,:jo,oo. $30,999.oo .• • --· .... $0 .. ,.90
SUBVAR GRANTED $1,044.49 $869.41 $1,913.90 $0.00
, SITER§V ' ·;l'LA'.Ncofti>j ,;;$1},s6A,68i , ,·· ,, .· ~p.oo , $15;564]8_ $0.00'.
FINAL REVIEWED $4,545.28 $0.00 $4,545.28 $0.00
*L07SI048 INSPECT ' Ol'fi.'° '•r':' .,. .. $6,18(44' jj),bo $6;l88,:t4 . ~$ii)o:
L07SI049 INSPECT OPEN $2,710.84 $0.00 $2,710.84 $0.00
Lo1voon ··'·" .. .C.}.u.~ye:1(_ •. :~<illf..HI§):/ .' .... _ , . . ji ti;i.61 ... ~3-if§f . '.· }i28:ii'i : ..... _ . .J.o.oo:
TOTAL: $71,347.50 $2,173.54 $73,521.04
* Asterisk denotes Permit under Project Management
The fees shown above represent current charges as of this date and are an estimate based on the information
provided to DDES at the time of application .
$0.00
. For services that are rendered on an hourly basis, the cost of those services will be based on the actual hours
worked. Hourly fees are charged at the rate in effect at the time of service, and will be billed monthly, along with
any other outstanding fees.
Fees that have been posted prior to permit issuance will be collected at that time. Fees subsequently posted will be
billed to the applicant. All fees must be paid in full before DDES issues Final Approval, T.C.O. or C.O.
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King County
,· =\
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Deparbnent of Development and Environmental Services
Land Use Services Division
Web Date: 09128/2005
900 Oakesdale Avenue Southwest
Renton, Washington 98055-1219
206-296-6600 TIY 206-296-7217 For alternate formats, call 206-296-6600.
Project Name:
GURDEV SINGH SHORT PLAT
Project Address and Parcel Number.
11328 SE 192ND ST: 3223059038
Applicant/Design Engineer Name:
PAUL NITARDY
Address:
945 N. CENTRAL STE. #104
City, State, ZIP:
KENT, WA 98032
ODES File No.:
L05S0009
Signature:, .wJ ft/. , · P.
~' .£. Engineering Firm Nam2
CRAMER NORTHWEST, INC.
Telephone:
(253)852-4880
DOES Engineer Initials:
D Route Application to LUIS
D Check here if project engineering plans are approved and construction has begun.
INSTRUCTIONS TO APPLICANT/DESIGN ENGINEER:
Date:
4/9/2007
Please be sure to include all plans, sketches, photos and maps which may assist in complete review and consideration of
your variance request. For a complete list of road variance submittal requirements, refer to separate list from ODES.
Failure to provide all pertinent information may result in delayed processing or denial of request. . Please submit this
request and applicable fee to the Department of Development and Environmental Services (DOES) Permit Center at 900
Oakesdale Ave. SW, Renton, WA 98055-1219. To make an appointment for permit submittal, please call 206-296-6797.
For more information, refer to the ODES Web site, www.metrokc.gov/ddes.
TO OBTAIN A VARIANCE FROM A STANDARD CROWNED ROAD SECTION TO A SINGLE CROSS SLOPE IN
A P.A.T.
APPLICABLE SECTION(S) OF STANDARDS:
KCRS SECTION 2.09 BAND 2.03
JUSTIFICATION (see attachments, pages ---~ to ): ---
SEE ATTACHED VICINITY MAP, LETTER, PICTURES, ASSESSOR'S MAP, DRAWINGS (SHE.ETS 4, 5 AND 6
PRINTED ON 8.5"X11" PAPER), AND RELATED INFORMATION INCLUDING LETTER GRANTING PRELIMINARY
APPROVAL.
AUTHORIZATION SIGNATURES:
DOES STAFF RECOMMENDATION DEPARTMENT OF TRANSPORTATION AUTHORIZATION
roval D Conditioned A roval D Denied
County Design Engineer: Date
Date County Road Engineer. Date
KING COUNlY Check out the DOES Web site at www.metrokc.gov/ddes
RoadStand~1fflliSR1/1CES le-req-rdvar.pdf 09/28/2005 Page 1 of 1
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King County
Department of Development
and Environmental Services
900 Oakesdale A venue Southwest
Renton, WA 98055-1219
October 28, 2005
K.uldip Sinf. Tumber
19100 104 Place SE
Renton, WA 98055
•
RE: Preliminary Approval for Short Subdivision No. L05S0009
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Dear Mr. Singh Tumber:
The Land Use Services Division (LUSD) has completed review of the short s1.1bdivision
application captioned above. The LUSD finds that the proposed short subdivision complies with
the King County Land Segregation Code (Title 19A), Zoning Code (Title 21A), and other
applicable codes as specified in King County Code (K.CC) 19A.08.060.
The short subdivision is granted preliminary approval subject to the Conditions of Preliminary
Approval attached hereto and incorporated herein by reference. Any aggrieved party may appeal
this decision by the appeal deadline, which is November 14, 2005. The appeal procedure is
enclosed for your information. The preliminary approval is valid for a period of 60 months from
the date of this letter, unless an appeal is filed. In the event that an appeal is filed, the preliminary
~,µproval is valid for a period of 60 months from the date of the appeal decision. Enclosed are the
following:
• Notice of Decision
• Conditions of Preliminary Approval
• Appeal Procedure
If you have any questions regarding this letter, please contact Fereshteh Dehkordi, Program
Manager, at (206) 296-7173 and Curt Foster, Engineer, at (206) 296-7106.
~~
Current Planning Section, LUSD
Enclosures
, c: Terry Wilson, Cramer Northwest, Inc.
Applicant File
Letter.frm/CoverLtr2000.SP.doc 3/9/00
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KING COUNTY
DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES
LAND USE SERVICES. DIVISION
900 Oakesdale Avenue Southwest
Renton, WA 98055-1219
. REPORT AND DECISION
SHORT SUBDIVISION File No. L05S0009
DESCRIPTION OF THE PROPOSED SHORT SUBDIVISION: .
This is' a short subdivision of a .55 acre-parcel into four lots for detached single-family
dwellings in the R-8 zone. The proposed density is 7 dwelling units per acre. The
proposed lot sizes range from approximately 4300 to 6000 square feet. Refer to
Attachment 1 for a copy of the short plat map.
· B. GENERAL INFORMATION:
Owner/Applicant:
· Engineer:
STR:
Location:
.zoning:
Acreage:
Number of Lots:
Lot Size:
Proposed Use:
Sewage Disposal:
Water Supply:
Fire District:
School District:
Kuldlp Sin~h Tumber
19100 1041 Place SE
Renton, WA 98055
Cramer Northwest, Inc ..
Terry Wilson ·
945 N Central Avenue, Suite 1·04
Kent, WA 98032
· SE Y. 32-23-05
11328 SE 192"d Street, Renton
R-8
.55 acre
4
Ranges from 4300 to 6000 square feet
Residential ·
Soos Creek Water and Sewer District
Soos Creek Water and Sewer District
40
Renton
Complete Application Date: March 10, 2005
, . I '-.
Associated Application: Road Variance FIie No. L05V0045
C. . HISTORY and BACKGROUND
The Subdivision Technical Committee (STC) of King County has conducted an on-site
examination of the subject property. The STC has discussed the proposed
development with the applicant to clarify technical details of the application, and to
determine the. compatibility of this project with applicable King County plans, codes; and
other official documents regulating this development.
Report and Decision
/fil@©~u wt_g~
FEB 1 7 2006 l_l:V
L05S0009 LOCcJS ~t-fl t9.E.S.
---------------------------
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As a result of preliminary discussions, the applicant presented the Technical Committee
with a revised site plan on July 14, 2005. The primary modification includes a revision
to the private access tract to meet the King County Road Standards.
D. NATURAL ENVIRONMENT
1. Topography: The site is relatively flat. The west half slopes down gently from
northeast to southwest.
2. Soils: One soil type Is found on this site per King County Soil Survey, 1973.
The entire site is classified AgB. The foilowing are AgB cha.racteristics:
AgB -Alderwood gravely, sandy loam; 0-6% slopes. Runoff is slow and the
erosion hazard is slight. This soil type has a moderate limitation for low building
foundations due to a seasonally high water table, and severe limitations for
septic tank filter fields due to very slow permeability in the substratum.
3. · Wetland/streams: According to the King County Sensitive Areas Folio, no
mapped hydrographic features exist on this site. Panther Creek runs
approximately half a mile west of the site. The site lies within the Black River
drainage basin. · · ·
4. Vegetation: This.site is overgrown by lawn and there a few fruit trees scattered
throughout the site.
5. Wildlife: Small birds and animals may inhabit this site however their population
and species are limited due to nearby development. No threatened or
endangered species are known fo exist on or near the property.
6. Mapped Sensitive Areas: The Sensitive Areas Folio does not identify any
mapped sensitive areas as being present on this site.
· E. NEIGHBORHOOD CHARACTERISTICS:
The property lies within the designated Urban Area east of the city of Renton. The site
and the surrounding properties are zoned Residential with 8 dwelling unit per acre. The
neighboring properties.are developed with residential structures. The site contains a
house which will be removed. · ·
F. DESIGN FEATURES
1. Density, Lot Pattern, Comprehensive Plan: The site's assigned density is eight
dwelling units per ·acre. The proposed density Is in compliance with the density of
the zone. The site is located in the "urban " area as designated by the King
County Comprehensive Plan.
2. Access and Roadway Section: The app!icant proposes to access the lots via a ·
Private Access Tract (PAT) extending north from SE 192"d Street into the site.
All lots will have direct access to the PAT. A road variance (KC File L05V0045)
· .from the intersection spacing requirements was approved by King County
Department of Transportation (see Attachment 2).
3. Drainage: The site's drainage generally sheet flows from the north to the south.
A "Targeted Drainage Review, Category 2" is required because the existing
drainage system must be modified to collect and convey drainage along the
property frontage. The proposed on-site improvements appear to qualify for
small-site Best Management Practices (BMP's):
Report and Decision L05S0009
• •
G. PUBLIC SERVICES
H.
I.
J.
1. Sewage Disposal: The applicant proposes to serve the subject subdivision by
means of a public sewer system managed by Soos Creek Water and Sewer
District. A Certificate Sewer Availability, dated February 1, 2005, · indicates this
sewer district's capability to serve the proposed deveiopment.
2. Water Supply: The applicant proposes to serve the subject subdivision with a
public water supply and distribution system managed by Soos Creek Water and
Sewer District. A certificate of Water Availability, dated February 1, 2005,
indicates this sewer district's capability to serve the proposed development.
3. School facilities: The subject subdivision will be served by Benson Hill
Elementary, Nelson Junior High, and Lindberg Senior High Schools, all located
within the Renton School District. The District has indicated that the future
students from this subdivision will Walk to the elementary school. The students
will be bussed to both Junior and Senior High schools.
The walkway to the elementary school consist of pedestrian path along SE 192"d
Street and sidewalks along 113th way SE all the way to the Elementary school
site. The Junior High school students will be picked up at the intersection of SE
192"d and 113th Way SE. The High School students will be picked up at the
intersection of SE 192"d Street and 116th Avenue SE. There are pedestrian path
along SE 192"d to. both intersections. Additionally, there will be sidewalks
constructed along the frontage of the site which will provide additional safe
walking conditions for all pedestrians.
SEPA THRESHOLD DETERMINATION:
Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21 C, the responsible
official of the Land Use Services Division (LUSD) issued a threshold determination of
non-significance (DNS) for the proposed development on October 28, 2005. This
· determination was based on the review of the environmental checklist and supporting
documentation filed with the application, resulting In the conclusion that the .proposal
would not cause probable significant adverse impacts on the environment.
FINDINGS/CONCLUSIONS:
The subject subdivision will comply with the goals and objectives of the King County
Comprehensive Plan and will comply with the requirements of the Subdivision and
Zoning Codes and other official land use controls of King County (i.e. 1993 King County
Road Standards, 2006 Surface Water Design Manual, etc.), based upon the conditions
for final short plat approval.
DECISION:
Proposed Short Plat revised and received July 14, 2005 as described by Attachment 1
of this report is granted preliminary approval subject to the following con.ditions of final
approval:·
I.
2.
3.
4.
The proposal shall Compliance with all platting provisions .of Title 19A. of the
King County Code, · ·
All persons having an ownership interest in the subject property shall sign on the
face of the final short subdivision.
All utilities within proposed rights-of-way must be included within a franchise .
approved by the King County Council prior to final short plat recording
2005 King County Surface Water Design Manual (SWDM-The following are
drainage conditions applied to this proposal:
. Report and Decision L05S0009
-
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A. TARGETED DRAINAGE REVIEW
· The proposed short subdivision requires a Category #2 Targeted
Drainage Review as outlined in Chapter 1.1.2.2 in the Surface Water
Design Manual. The existing drainage system must be modified to collect
and, c.onvey drainage along the property frontage.
B. ON-SITE BMP's
The proposed on-site improvements appear to qualify for small site
drainage BMP's as outlined in Appendix C of the Surface Water Design
Manual. ·
5. 1993 King County Road Standards -Final short plat approval shall require full
compliance with the provisions set forth in the 1993 KCRS, including engineering
plans for all road improvements. The engineering plans shall be prepared by a
· professional civil engineer licensed in the state of Washington. DOES strongly
recommends that the engineering plans be submitted at least two years prior to
the expiration date of the project. The following conditions.apply to this short plat
unless a variance pursuant to the variance procedures in KCRS 1.08 is obtained
or otherwise approved by DOES:
· A Frontage improvements along SE 192nd Street shall be designed to
., ___ : ... .--Urban Principal Arterial Standards'perKCRS Section 2.02. These
improvements shall extend along the entire frontage of the site and make
standard connections to adjacent improvements. ·
Forty-two feet of Right-of-Way (ROW) widtt, shall be dedicated north of
the SE 192nd Street R/W centerline, along the frontage of the site.
C. Appropriate pavement tapers and pavement striping shall extend east and
.---. west of the project's frontage.
-
D. A Road Variance (KC File Number L05V0049) was granted for
iqtersectio!l.~R,8-.~g with the condition .that the private access tract be
located at the center of the propertyfrontage .. Additionally, approval was
granted for a reduced stopping sight distance.
··-"''""·"•''"'····e.,;,,.:.;·.:.:;; .. :J,,;\:•;:<;;;/1·,,.., ... ,, ........ ,,.,, • .., .,...,., . ..,,..., .......... ~,-, .... ,
E.
F.
G.
H.
(Rockeries, luminaires and utilities located along the frontage of the site
shall be relocated; redesigned or removed to match the ultimate roadway
design of SE 192nd Street without creating roadside obstacles per KCRS
Section 5.11.
The proposed Private Access Tract (PAT) shall be.revised to allow
adequate access width (20 feet minimum, measured from the point of
curve) to lots 1 and 4. This wili requires shortening the length of the
panhandle portion Lots 2 and 3.
ci:ne PAT shall be.constri.Jcted·per KCRS·~e_c~ioff~2.09.B,-,.,
There shall be no direct vehicular access to or from SE 192nd Street from
those lots which abut It. A note to this effect shall appear on the
engineering plans and final short plat.
The following Notes shall be shown of the final recorded short subdivision
(1) Warning: King County has no responsibility to build, improve, maintain
or otherwise service the private access road contained within or provide
service to the property described in this subdivision.
(2) All private easements and or tracts to be maintained, repaired and/or
rebuilt by the owners of the parcels having legal access there from and
their heirs, assigns or successors, unless and until such roads are
improved to King County Road standards and are dedicated and accepted
by King County for maintenance. ·
Report and Decision L05S0009
,-----
•
_ 6. Health (KCC 13)-This project is exempt from further King County Heath
Department review. However, if improvements are required from the Sewer
and/or the Water District, then verification shall be .required from said District(s)
that the improvements have beeri bonded and/or installed, prior to final recording ·
__..-" of the short plat.
7. Building and Construction Standards (Title 16)-The applicant shall comply with
all applicable provisions of KCC 16.82.
8. Fire Code (KCC 17) -Section 902 of the 1997 Edition of Uniform Fire Code-The -
Fire Engineering approval is granted as proposed.
9. Density and Dimensions (KCC 21A.12)-All lots shall meet the density and
dimensions requirements of the R-8 zone classification or shall-be as shown on
the face of the approved preliminary short subdivision, whichever is larger. Minor
revisions to the short subdivision, which do not result in substantial changes
and/Or dci not create additional lots may be approved at the discretion of the
Department of Development and Environmental Services.
10. -The existing house on the site shall be removed prior to the final approval and
recoi"ding. ----.. -~-""-""·""":""'--'"•~..:::.-.,..,,i~-,,,.. ... -.oc,~ ..... 1?';'>fl',i.,..,c-..... o.. ... ""':,,,'~·"'C'!-
-11
-· ... --.. ···~.).C~ .. .,....,
Street Trees (KCC 21A.16l -Street trees shall be provided as follows (per KCRS
5.03 and KCC 21A.16.050):
A. Trees shall be .Planted at a_ rate ~f one tree for eve.ry 40 feet of frontage!
along SE 192" Street and the private tract where ,t can be -
accommodated. Spacing may be modified to accommodate sight
distance requirements for driveways and intersections.
B. Trees shall be located within the street right-of-way and planted in
accordance with Drawing No. 5-009 of the 1993 King County Road -_
Standards, unless King County Department of Transportation determines
that trees should not be located in the street right-of-way.
C. If King County determines that the required street trees should not be
located within the right-of-way, they shall be located no more than 20 feet
from the_street right-of-way line.
D. The trees shall be owned and maintained by the abutting Jot owners or the
homeowners association or other workable organization unless the
County has adopted a maintenance program. Ownership and
maintenance shall be noted cin the face of. the final recorded plat.
E. The species of trees shall be approved by ODES if located within the
right-of-way, and shall not include poplar, cottonwood, soft maples, gum,
any fruit-bearing trees, or any other tree or shrub wh_ose roots are likely to
obstruct sanitary or storm sewer's, or that is not compatible with overhead
· utility lines. ·
F. The applicant shall submit a street tree plan and bond quantity sheet for
review and approval by DDE-S prior to engineering plan approval.
G. The applicant shall contact Metro Service Planning at 684-1622 to -
determine if SE 192"d Street is on a bus route. If it is a bus route, the
street tree plan shall also be reviewed by Metro.
H. The street trees must be installed and inspected, or a performance bond
posted prior to recording, of the plat. If a performance bond is poste9, the_ -
street trees must be installed and inspected within one year of recording
of the plat. At the time of inspection, if the trees are found to be installed -_
per the approved plan, a maintenance bond must be submitted or the _
Report ilnd Decision L05S0009
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performance bond replaced with a maintenance bond, and held for one
year. After one year, the maintenance bond may be released after DDES
has completed a second inspection and. determined that the trees have
been kept healthy and thriving.
Road Mitigation Payment System -The applicant or subsequent owner shall .
comply with Road Mitigation Payment System (MPS), King County Code 14.75,
by paying the required MPS fee and administration fee as determined by King
County Department of Transportation. The applicant has an option to either:
A . Pay the MPS fee at final short plat recording. If this option is chosen,: the
fee paid shall be the fee in effect at the time of short plat application and a
riote shall be placed on the face of the short plat that reads, "All fees
required by King County code 14.75, Mitigation Payment System (MPS)
have been paid.'.' Or
•,
8. . Pay the MPS fee at the time of building permit issuance. If this option is
chosen, the fee paid shall be the amount in effect as of the date of the
building permit application. ·
Other Considerations · .
A. Preliminary approval of this application does not limit the applicant's
responsibility.to obtain any required permit or license from the State or other
regulatory body. This may include, but not be limited to, obtaining a forest
practice permit, an HPA permit, building permits, and other types of entitlements
as necessitated .bY circumstances ..
B. The short subdivision shall conform to KCC 16.82 relating to grading on private
property ..
C. Development of the subject property may require registration with the
Washington State. Department of Licensing, Real Estate Division
Parties and Persons of Interest:
CRAMER NORTHWEST LLC
LARRY KRUEGER 945 N CENTRAL STE 104 KENT, WA 98032
TUMBER, KULDIP SINGH
19100 104TH PL SE RENTON, WA 98055
CLAUSSEN, KIM PROGRAM MANAGER Ill
COOPER, TED PRELIMINARY REVIEW ENGINEER
DEHKORDI, FERESHTEH PROJECT MANAGER II
FOSTER, CURT SR.ENGINEER
Report and Decision L05S0009
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Appeaflnformatlon and Parties of Record
RIGHT TO APPEAL
This action may be appealed in writing to the King County Hearing Examiner, with a fee of
$250 (check payable to King County Office of Finance). ·
·. As required by KCC 20.20.090 and 20.24.090, the appeal period.shall be fourteen (14
calendar days and shall commence on the third day after the notice of decision is mailed.
Filing an appeal requires actual delivery to the King County Land Use Services Division prior
_to the close of business (4:30 p.m.) on November 14, 2005. Prior mailing is not sufficient if
actual receipt by the Division does not occur within the applicable time period. The Examiner
does not have authority to extend the time period unless the Division is not open on the
specified closing date, in which event delivery prior to the close of business on the next
business day is sufficient to meet the filing requirement.
If a timely Notice of Appeal has been filed, the appellant shall file a statement of appeal within
· a 21-day calendar period commencing three days after the notice of decision is mailed. The
statement of appeal shall identify the decision being appealed (including file number) ·and the
alleged errors in that decision. . ·
The statement of appeal shall state: 1) specific reasons why the decision should be reversed
or modified; and 2) the harm suffered or anticipated by the appellant, and the relief sought.
The scope of an appeal shall be based ori matters or Issues raised in the statement of appeal.
Failure to timely file a notice of appeal, appeal fee, or statement of appeal deprives the
Examiner of jurisdiction to consider the appeal.
Appeals must be submitted to the Department of Development and Environmental Services,
addressed as follows:
LAND USE APPEAL
Land Use Services Division
Department of Development and Environmental Services
BlackRiver Corporate Park
900 Oakesdale Avenue Southwest
Renton, WA 98055-1219
Any party may make a request for a pre-hearing conference~· For more information regarding
appeal proceedings and pre-hearing conferences, please contact the Office of the Examiner
for a Citizens' Guide to the Examiner Hearings and/or read KCC 20.20 .and 20.24.
Report and Decision L05S0009
®
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King County
Road Services Division
Department of Transportation
KSC-TR-0231
. 201 South Jackson Street
Seattle, WA 98104·3856
August 29, 2005
Larry Krueger, P .E. . . .
945 Central Avenue N., Suite 104
Kent, WA 98032
•
... ··-...,
RE . . Road Variance L05V0045 -Kuldip Tumber Short Plat -Related Jflle L05S0009 . i
. . . . ,,--
Dear Mr. Krueger:
Thank you for your application for variances from the King County Road Standards (KCRS). ·
. You requested variances from Sections 2.10 and 2.12 of the KCRS concerning the intersection
· spacing requirement and stopping sight distance (SSD) along Sil 192nd Street. ·
The intersection spacing from the proposed private access tract (PAT) to 113th Way SE is 360
feet; to I 16th A.venue SE is 750 feet, and to Tract A (serving four eastern lots) is 400 feet. The
KCRS requires 1,000 _feet of intersection spacing along a principal arterial (SE 192nd Street).
There is no alternative access point for the four-lot sh?rt plat. ·
nie applicant will be improving the frontage on SE 192nd "Street by providing an urban section.
The existing SSD along the frontage with SE 192nd Street, as measured by the applicant, is
446 feet, and the KCRS require 475 feet for the:: design speed of 50 mph (10 over the posted
speed of 40 mph). The minimum Am(:rlcan.Association of State Highway" and T~portation
Officials' (AASHTO) SSD for a design speed of 50 MPH is 425 feet Curb, gutter and
sidewalk have been constructed along the vertical crest curve extending westward on SE 192nd
Street beyond the short plat frontage. The entering sight distance (SSD) for the short plat
access meets KCRS.
. . . . . .
I agprove a varillllce to allow the reduced intersection spacing for the PAT located midway
along the frontage on SE 192nd Street. I also approve a variance to allow tbe mduced sso so
that the proposed curb. gutter and sidewalk-£_~,!lliltch to the e~~Ysl.uii.a.l a!ignme.ot. .
This decision applies only.to KC~ identified in the variance request. All other design
requirements in the KCRS and other regulations, such as surface water management and
zoning, must still be satisfied for a land use permit application. The !lpplicant retains the rights
and privileges ilff<>rded by King County <;ode and adopted Public Rules pertaining to road
variance processing (KCC -14.42, PUT I 0-2). This varianc~ decision is valid for one year from
date of letter, unless an associated land use permit is pending or submitted within the one year
period. In these cases, the variance decision is valid for the duration of the permit processing.
·@·--
. ATTACHMENT#_ . ..:::z.:..___
I e,f z.
Larry Krueger, P.E.
August 29 2005
·page2
er> •
.. c,c
.': )
A copy of staffs analysis, findings, and conclusions is enclosed. If you have any questions,
please call Craig Comfort, Road Variance Engineer, Traffic Engineering Section, at
206-263-6109. .
~tlvm.._···
Paulette Norman, P.E.
County Road Engineer
· PN:CC:kc
cc: James Sanders, P.E., Development Review Engineer, Land UseBervices Division ..
(LUSD), Department of Development and Environmental Services (DDES)
Pete Dye I'.E., Senior Engineer, LUSD, ODES
Linda Dougherty, Division Directo.r,.Road ·Services Division (RSD), Department of
Transportation (DOT) . .
Matthew Nolan, P.E;, County Traffic Engineer, Traffic Engineering Section, RSD,
DOT
Fatin Kara, I'.E., Supervising Engineer, Traffic Engineering Section, RSD, DOT
Kris Langley, Senior.Engineer, Traffic Engineering Section, RSD, DOT
Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section, RSD, DOT
AlTACHMENT # ....:2=---
z. i,,f-z..
~
King County
Road Services Division
Materials Laboratory
Department of Transportation
RSD-TR-0100
155 Monroe Avenue Northeast, Building D
Renton, WA 98056-4199
www.metrokc.gov/roads
September 28, 2007
----------------------------------
TO: Mazen Haidar, P.E., Engineer II, Department of Development and Environmental
Services, Site Engineering and Planning Section
VIA: Alan D. Corwin, P.E., Materials Engineer, Materials Laboratory,
Project Support Services Group
FM: Douglas Walters, P.E., Engineer Ill, Materials Laboratory,
Project Support Services Group
RE: Singh Short Plat: 11328 SE 192nd Street: L06SR010
As requested, we have reviewed the pavement design and plans for frontage improve-
ments to SE 192"d Street associated with the Singh Short Plat. The pavement section
was designed by Geotech Consultants, Inc. and submitted in a report dated December
7, 2006. The proposed pavement section reviewed is as follows:
• 4.5 inches minimum compacted depth Class "B" ACP
• 6.0 inches minimum compacted depth Crushed Surfacing Base Course
or
• 4.5 inches minimum compacted depth Class "B" ACP
• 4.0 inches minimum compacted depth ATB
Based on our analysis, we concur the above pavement section is generally adequate
for the road widening frontage improvement and recommend approval. We trust this
memo meets your current request. Please call me at 296-7708 if you have any ques-
tions.
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