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Warren & Kellogg, P. S . NO EXCISE TAX : #U 5:2 E
Attorneys at Law MAY 291986 RECD F ~" nn
P. O . Box 626 frISHSL ****6.on
Renton , WA 98057E08 $615
USTATUTORY WARRANTY DEED L',%
I'
N THEODORE C. HASTINGS , a single person at all times on and after
Y) May 1 , 1976, for and in consideration of Ten Dollars ($10 .00) and
O other good and valuable consideration in hand paid, convey(s) and
warrant(s) to THE CITY OF RENTON, a Washington municipal
corporation , the following described real estate , situated in King
County, State of Washington:
PARCEL A :
Tract 237 of C . D. Hillman's Lake Washington Garden of Eden
�. No. 4, as per plat recorded in Volume 11 of Plats , Page
82, records of King County;
TOGETHER WITH that portion of vacated County Road No . 174
adjoining, which upon vacation, attached to said property
q\ by operation of law;
EXCEPT the East 40 feet thereof;
AND EXCEPT that portion of said Tract 237, lying within
Short Plat No. SH. PL .-020-84 recorded under Recording No .
8408079001 ;
Situate in the City of Renton , County of King, State of
Washington.
PARCEL B :
Tract 240 of C .D. Hillman's Lake Washington Garden of Eden
No . 4, as per plat recorded in Volume 11 of Plats , page
82, records of King County;
TOGETHER WITH that portion of vacated County Road No . 174,
adjoining, which upon vacation, attached to said property
by operation of law;
EXCEPT the North 80 feet as measured along the West line
of the West 100 feet as measured along the Northerly line
of said Tract 240;
�, ...TAoF� ESjE�'Conveyance
11I1tO(1t F
s .
STATUTORY WARRANTY DEED ''y ;:at
PAGE 1 PEVENUE MA(27' 86
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P.8.11413 ..
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AND EXCEPT that portion of said Tract 24, lying within
Short Plat No. SH. PL .-020-84 recorded under Recording No .
8403079001 ;
Situate in the City of Renton , County of King, State of
Washington.
DATED: May ;1 ( , 1986.
O THEODORE C . HASIrINGS
Q`
STATE OF WASHINGTON )
ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
THEODORE C . HASTINGS signed this instrument and acknowledged it to
be his free and voluntary act for the uses and purposes mentioned in
the instrument .
DATED: May -12 , 1985 .
0 L ( ".
let,.�
NotaryPublicn and for the
�,�p�ARYs. State of Washington , residing
at Renton .
? My appointment expires : 'OW
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STATUTORY WARRANTY DEED
PAGE 2
e i
PROMISSORY NOTE
$22,950.00 May ,2-2- , 1985
For value received, THE CITY OF RENTON, a Washington municipal
corporation , promises to pay to THEODORE C . HASTINGS , a single
person , or order , at 22041 Peter Grubb Road Southeast , Renton ,
Washington 98058 the sum of Twenty Two Thousand Nine Hundred Fifty
Dollars ($22, 950.00 ) , without interest on the declining principal
balance, on or before February 1 , 1987.
This Note is secured by Deed of Trust of even date.
If any of said installments are not so paid, the whole sum of
principal and interest shall become due and payable at once without
further notice, at the option of the holder hereof.
This note shall bear interest at the highest legal rate of
interest allowed in the State of Washington after maturity or after
failure to pay any installment as above specified. If this note
shall be placed in the hands of an attorney for collection , or if
suit shall be brought to collect any of the principal or interest of
this Note , I promise to pay a reasonable attorney 's fee .
THE CITY OF RENTON,
a Washington municipal
corporation
By nnaOi%,%Ape*
BARBARA SHTNPOCH
Mayor
Attest :
By C�
MAXINE MOTOR
City Clerk
PROMISSORY NOTE
PAGE 1
0
,
•
FORM NO.W&AK-5000 •
Washington&Alaska Region
ALTA Owners Policy—Form B—1970
Amended 10-17-70
POLICY OF TITLE INSURANCE
ISSUED BY
TRANSAMERICA TITLE INSURANCE COMPANY
SUBJECT TO THE SCHEDULE OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding
the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the
Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of:
1.Title to the estate or interest described in Schedule A being vested otherwise than as stated therein;
2.Any defect in or lien or encumbrance on such title;
3. Lack of a right of access to and from the land; or
4. Unmarketability of such title.
IN WITNESS WHEREOF, Transamerica Title Insurance Company has caused this policy to be signed
and sealed by its duly authorized officers as of Date of Policy shown in So e rte-..A .;i ,,;y rr-)
1966
I3v
Transamerica Title Insurance Company
Bylt. ,V
President
�.•/�)
By , £.
„ Secretary
SCHEDULE OF EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy:
1. Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re-
stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character,
dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in
ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi-
nance or governmental regulation.
2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears
in the public records at Date of Policy.
3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the
insured claimant; (b) not known to the Company and not shown by the public records but known to the insured
claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy
and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became
an insured hereunder; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subse-
quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim-
ant had paid value for the estate or interest insured by this policy.
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS (b) The insured shall notify the Company promptly in
The following terms when used in this policy mean: writing (i) in case any action or proceeding is begun or de-
fense is interposed as set forth in (a) above, (ii) in case knowl-
(a) "insured": the insured named in Schedule A, and, edge shall come to an insured hereunder of any claim of title
subject to any rights or defenses the Company may have or interest which is adverse to the title to the estate or interest,
against the named insured, those who succeed to the interest as insured, and which might cause loss or damage for which
of such insured by operation of law as distinguished from the Company may be liable by virtue of this policy, or (iii) if
purchase including, but not limited to, heirs, distributees, title to the estate or interest, as insured, is rejected as un-
devisees, survivors, personal representatives, next of kin, or marketable. If such prompt notice shall not be given to the
corporate or fiduciary successors. Company, then as to such insured all liability of the Company
shall cease and terminate in regard to the matter or matters
(b) "insured claimant": an insured claiming loss or dam-
age hereunder. for which such prompt notice is required; provided, however,
that failure to notify shall in no case prejudice the rights of any
(c) "knowledge": actual knowledge, not constructive such insured under this policy unless the Company shall be
knowledge or notice which may be imputed to an insured by prejudiced by such failure and then only to the extent of
reason of any public records. such prejudice.
(d) "land": the land described, specifically or by reference (c) The Company shall have the right at its own cost to
in Schedule A, and improvements affixed thereto which by law institute and without undue delay prosecute any action or
constitute real property; provided, however, the term "land"
proceeding or to do any other act which in its opinion may be
does not include any property beyond the lines of the area
specifically described or referred to in Schedule A, nor any necessary or desirable to establish the title to the estate or
right, title, interest, estate or easement in abutting streets, interest as insured, and the Company may take any appro
roads, avenues, alleys, lanes, ways or waterways, but nothing priate action under the terms of this policy, whether or not
herein shall modify or limit the extent to which a right of it shall be liable thereunder, and shall not thereby concede
access to and from the land is insured by this policy. liability or waive any provision of this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or (d) Whenever the Company shall have brought any action
other security instrument. or interposed a defense as required or permitted by the pro-
(f) "public records": those records which by law impart visions of this policy, the Company may pursue any such
constructive notice of matters relating to said land. litigation to final determination by a court of competent juris-
diction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
R. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF
TITLE (e) In all cases where this policy permits or requires the
Company to prosecute or provide for the defense of any action
The coverage of this policy shall continue in force as of or proceeding, the insured hereunder shall secure to the
Date of Policy in favor of an insured so long as such insured Company the right to so prosecute or provide defense in such
retains an estate or interest in the land, or holds an indebted- action or proceeding, and all appeals therein, and permit the
ness secured by a purchase money mortgage given by a pur- Company to use, at its option, the name of such insured for
chaser from such insured, or so long as such insured shall such purpose. Whenever requested by the Company, such
have liability by reason of covenants of warranty made by insured shall give the Company all reasonable aid in any such
such insured in any transfer or conveyance of such estate or action or proceeding,in effecting settlement,securing evidence,
interest; provided, however, this policy shall not continue in obtaining witnesses, or prosecuting or defending such action
force in favor of any purchaser from such insured of either or proceeding, and the Company shall reimburse such insured
said estate or interest or the indebtedness secured by a pur- for any expense so incurred.
chase money mortgage given to such insured.
4. NOTICE OF LOSS—LIMITATION OF ACTION
3. DEFENSE AND PROSECUTION OF ACTIONS—NOTICE OF In addition to the notices required under paragraph 3(b)
CLAIM TO BE GIVEN BY AN INSURED CLAIMANT of these Conditions and Stipulations, a statement in writing
(a) The Company, at its own cost and without undue of any loss or damage for which it is claimed the Company
delay, shall provide for the defense of an insured in all litiga- is liable under this policy shall be furnished to the Company
tion consisting of actions or proceedings commenced against within 90 days after such loss or damage shall have been de-
such insured, or a defense interposed against an insured in an termined and no right of action shall accrue to an insured
action to enforce a contract for a sale of the estate or interest claimant until 30 days after such statement shall have been
in said land, to the extent that such litigation is founded upon furnished. Failure to furnish such statement of loss or damage
an alleged defect, lien, encumbrance, or other matter insured shall terminate any liability of the Company under this policy
against by this policy. as to such loss or damage.
Continued on Front of Back Cover
•
FORM NO.W&AK 5000-1 + +
For use with Washington&Alaska Region American Land Title Association
Owner's Policy—Form 8-1970(Amended 10-17-70)
SCHEDULE A
Amount of Insurance$ 54 ,950 . 00 Policy No. 01-17-790169
Date of Policy May 30, 1986 at 8 : 30 A.M. Order No. ———
Prem: $340 . 00
1. Name of Insured:
THE CITY OF RENTON, a Washington municipal corporation
2. The estate or interest in the land described herein and which is covered by this policy is:
Fee Simple Estate
3. The estate or interest referred to herein is at Date of Policy vested in:
The Named Insured
em
FORM NO W d AK 5000-2
For use with Washington&Alaska Region American Land Title Association
Owner s Policy—Form 8-1970(Amended 10-17-70)
SCHEDULE A—Continued
The land referred to in this policy is situated in the State of Washington, County of
King , and is described as follows:
PARCEL A:
Tract 237 of C.D. Hillman' s Lake Washington Garden of Eden No. 4 ,
as per plat recorded in Volume 11 of Plats , Page 82, records of
King County;
TOGETHER WITH that portion of vacated County Road No. 174
adjoining, which upon vacation, attached to said property
by operation of law;
EXCEPT the East 40 feet thereof;
AND EXCEPT that portion of said Tract 237, lying within Short
Plat No. SH. PL. -020-84 recorded under Recording No. 8408079001;
Situate in the City of Renton, County of King, State of Washington.
PARCEL B :
Tract 240 of C.D. Hillman' s Lake Washington Garden of Eden No. 4,
as per plat recorded in Volume 11 of Plats , page 82,
records of King County;
TOGETHER WITH that portion of vacated County Road No. 174,
adjoining, which upon vacation, attached to said property
by operation of law;
EXCEPT the North 80 feet as measured along the West line of the
West 100 feet as measured along the Northerly line of said Tract
240;
AND EXCEPT that portion of said Tract 240, lying within Short
Plat No. SH. PL. -020-84 recorded under Recording No. 8408079001;
Situate in the City of Renton, County of King, State of Washington.
•
FORM NO.W-5000-3 REVISED 11-84(STANDARD)
For use with Washington Region American Land Title Association
Owners Policy—Form B—1970(Amended 10-18-70)
SCHEDULE B
This policy does not insure against loss or damage, nor against costs, attorneys'fees or expenses, any or all of which arise
by reason of the following:
GENERAL EXCEPTIONS
1. Encroachments or questions of location, boundary and area,which an accurate survey may disclose.
2. Public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded plat or con-
veyance,or decree of a court of record.
3.Rights or claims of persons in possession,or claiming to be in possession,not disclosed by the public records.
4.Material or labor liens, or liens under the Workmen's Compensation Act not disclosed by the public records.
5.Water rights or matters relating thereto.
6.Any service,installation or construction charges for sewer,water,electricity,or garbage removal.
7. Mining claims, reservations or exceptions in Patents or in Acts authorizing the issuance thereof.
8.General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same
becoming a lien.
9.Right of use,control or regulation by the United States of America, in the exercise of powers over navigation.
10. Any prohibition of or limitation of the use, occupancy or improvement of the land resulting from the rights of the
public or riparian owners to use any portion which is now or has been formerly covered by water.
SPECIAL EXCEPTIONS
1 . General taxes , as follows, together with interest and penalty, if
any, after delinquency:
Tax Account No. Year Amount Billed Amount Paid Principal Balance
334390-1441-06 1986 $592. 73 S296. 37 $296. 36
2. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF:
GRANTOR: The City of Renton, a Washington municipal
corporation
TRUSTEE: Transamerica Title Insurance Company, a
corporation
BENEFICIARY: Theodore C. Hastings , a single person
ORIGINAL AMOUNT: $22,950 .00
DATED: May 22 , 1986
RECORDED: May 29 , 1986
RECORDING NO. : 8605290553
END OF EXCEPTIONS
Form No.W-AK-SSS
(Previous Form No.80R) ORDER NO. 7 961&g
ESCROW NO.
LOAN NO.
MORTGAGOR
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This map does not purport to show all highways , roads or easements affecting
said Property: no liability is assumed for variations in dimensions and location.
i . .
Continued from Back of Front Cover
5. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS interest covered by this policy and the amount so paid shall
The Company shall have the option to pay or otherwise be deemed a payment under this policy to said insured owner.
settle for or in the name of an insured claimant any claim in- 10. APPORTIONMENT
sured against or to terminate all liability and obligations of
the Company hereunder by paying or tendering payment of If the land described in Schedule A consists of two or more
the amount of insurance under this policy together with any parcels which are not used as a single site, and a loss is estab-
costs, attorneys' fees and expenses incurred up to the time lished affecting one or more of said parcels but not all, the
of such payment or tender of payment, by the insured claim- loss shall be computed and settled on a pro rata basis as if
ant and authorized by the Company. the amount of insurance under this policy was divided pro
rata as to the value on Date of Policy of each separate parcel
6. DETERMINATION AND PAYMENT OF LOSS to the whole, exclusive of any improvements made subsequent
to Date of Policy, unless a liability or value has otherwise
(a) The liability of the Company under this policy shall been agreed upon as to each such parcel by the Company and
in no case exceed the least of: the insured at the time of the issuance of this policy and
(i) the actual loss of the insured claimant; or shown by an express statement herein or by an endorsement
•
(ii) the amount of insurance in Schedule A. attached hereto.
(b) The Company will pay, in addition to any loss insured 11. SUBROGATION UPON PAYMENT OR SETTLEMENT
against by this policy, all costs imposed upon an insured in liti-
gation carried on by the Company for such insured, and all Whenever the Company shall have settled a claim under
costs, attorneys' fees and expenses in litigation carried on by this policy, all right of subrogation shall vest in the Company
such insured with the written authorization of the Company. unaffected by any act of the insured claimant. The Company
(c) When liability has been definitely fixed in accordance shall be subrogated to and be entitled to all rights and reme-
with the conditions of this policy, the loss or damage shall be dies which such insured claimant would have had against any
payable within 30 days thereafter. person or property in respect to such claim had this policy not
been issued, and if requested by the Company, such insured
claimant shall transfer to the Company all rights and remedies
7. LIMITATION OF LIABILITY against any person or property necessary in order to perfect
No claim shall arise or be maintained under this policy such right of subrogation and shall permit the Company to
(a) if the Company, after having received notice of an alleged uselitstheo name of such insured claoimant in any transaction payment or
defect, lien or encumbrance insured against hereunder, by does noton involvingss such risghts insured remedies. If the
litigation or otherwise, removes such defect, lien or encum- shall subrogatedcubrr the losstsuch hch tsnd claimant,remedies the Company
pro-
brance or establishes the title, as insured, within a reasonable portion bewhichsaid ay rights the otinsaidthe time after receipt of such notice; (b) in the event of litigation opayment bears to amount of Tans,
until there has been a final determination by a court of corn- If loss should result from any act of such insured claimant,
petent jurisdiction, and disposition of all appeals therefrom, such act shallb not voidie this policy, but thatthCompany, in that
adverse to the title, as insured, as provided in paragraph 3 event, shall against r ereund to pay only part of any lnt, i
hereof; or (c) for liability voluntarily assumed by an insured insuredtohhereunder which shall theheeim the amount, e
in settling any claim or suit without prior written consent of r lost to the Company by reason of impairment of the
the Company. right of subrogation.
8. REDUCTION OF LIABILITY 12. LIABILITY LIMITED TO THIS POLICY
All payments under this policy, except payments made for This instrument together with all endorsements and other
instruments, if any, attached hereto by the Company is the
costs, attorneys' fees and expenses, shall reduce the amount
entire policy and contract between the insured and the
of the insurance pro tanto. No payment shall be made without
producing this policy for endorsement of such payment unless Company.
the policy be lost or destroyed, in which case proof of such Any claim of loss or damage, whether or not based on
loss or destruction shall be furnished to the satisfaction of negligence, and which arises out of the status of the title to
the Company. the estate or interest covered hereby or any action asserting
such claim, shall be restricted to the provisions and conditions
9. LIABILITY NONCUMULATIVE and stipulations of this policy.
No amendment of or endorsement to this policy can be
It is expressly understood that the amount of insurance made except by writing endorsed hereon or attached hereto
under this policy shall be reduced by any amount the Corn- signed by either the President, a Vice President, the Secretary,
pany may pay under policy insuring either (a) a mortgage an Assistant Secretary, or validating officer or authorized
shown or referred to in Schedule B hereof which is a lien on signatory of the Company.
the estate or interest covered by this policy, or (b) a mortgage
hereafter executed by an insured which is a charge or lien on 13. NOTICES, WHERE SENT
the estate or interest described or referred to in Schedule A,
and the amount so paid shall be deemed a payment under this All notices required to be given the Company and any
policy. The Company shall have the option to apply to the pay- statement in writing required to be furnished the Company
ment of any such mortgages any amount that otherwise would shall be addressed to Transamerica Title Insurance Company,
be payable hereunder to the insured owner of the estate or Park Place, Sixth Ave. at University St., Seattle, WA. 98101.
Transamerica Title Transamerica Title
Insurance Company Insurance Company
WASHINGTON-ALASKA DIVISION
HOME OFFICE •
600 Montgomery Street IiIi "
OfSan Francisco,California 94111Y■ Headquarters For
(415)983-4400 Washington-Alaska
King County
•
Agency Operations
Arizona Division Title 1200 6th Avenue.Seattle
34 West Monroe Street •
Phoenix,Arizona 85003 Benton-Franklin Counties
(602)262-0511 Insurance 3030W.Clearwater Avenue,Kennewick
•
•
Northern California Division Chelan-Douglas Counties
1440 Maria Lane 209 N.Mission Street,Wenatchee
Walnut Creek,California 94596
'
(415)947-5701 Issued by
Clark County
• 202 E Mill Plain Boulevard,Vancouver
Southern California Division •
888 North Main Street
County
Santa Ana,California 92701 Transamerica Title 4040 Whoaton Way,Bremerton
(714)547-9571 ••
Insurance Company Okanogan County
Colorado Division 225 Pine Street,Okanogan
1800 Lawrence Street •
Denver,Colorado 80202
(303)291-4800 Snohomish County
2939 Colby Avenue,Everett
•
•
Eastern Agency Division
15 West Main Street Spokane-Whitman Counties
Somerville,New Jersey 08876 North 720 Argonne Road,Spokane
(201)722-9777 •
• Thurston County
2625 Martin Way,Oylmpia
• Midwest Division •
33762 Schoolcraft Road
Livonia,Michigan 48150 County Agents Washington
(313)425-2500 Clallam•Cowlitz•Island•Jefferson
Lewis•Pacific•Skagit•Yakima
•
•
Oregon Division
ALASKA OPERATIONS
12360 East Burnside
Portland,Oregon 97216 •
(503)256-1160 Anchorage District
• 701 E Tudor Road,Anchorage
Southwest Agency Division •
12160 Abrams Road Fairbanks District
Dallas, Texas 75243 36 College Road,Fairbanks
(214)234-3866 •
• Juneau District
Washington-Alaska Division 369 S Franklin,Juneau
Park Place •
Sixth Avenue at University Street
District Agents Alaska
Seattle,Washington 98101
(206)628-4650 Ketchikan•Petersburg•Palmer
Sitka•Talkeetnaetna•Wrangell
Lir TTiransatleServicesmerica
�,r J
WHEN RECORDED RETURN TO:
Warren & Kellogg, P.S.
Attorneys at Law
P.O. Box 626
Renton , WA 98057
M
L11
ul
N DEED OF TRUST
UN
THIS DEED OF TRUST is made between THE CITY OF RENTON , a
co Washington municipal corporation, Grantor, whose address is 200 Mill
Avenue South, Renton , Washington 98055, TRANSAMERICA TITLE INSURANCE
COMPANY, a corporation, Trustee, and THEODORE C. HASTINGS, a single
person , Beneficiary, whose address is 22041 Peter Grubb Road
Southeast , Renton, Washington 98058.
WITNESSETH : Grantor hereby bargains , sells and conveys to
Trustee in Trust , with power of sale, the following described real
property in King County, Washington:
PARCEL A:
Tract 237 of C.D. Hillman's Lake Washington Garden of Eden
No. 4, as per plat recorded in Volume 11 of Plats , Page
82, records of King County;
TOGETHER WITH that portion of vacated County Road No. 174
adjoining, which upon vacation, attached to said property
by operation of law;
EXCEPT the East 40 feet thereof;
AND EXCEPT that portion of said Tract 237, lying within
Short Plat No. SH. PL.-020-84 recorded under Recording No.
8408079001 ;
Situate in the City of Renton, County of King, State of
Washington.
PARCEL B:
Tract 240 of C.D. Hillman's Lake Washington Garden of Eden
No. 4, as per plat recorded in Volume 11 of Plats , nage
82, records of King County;
TOGETHER WITH that portion of vacated County Road No. 174,
adjoining, which upon vacation , attached to said property
by operation of law;
EXCEPT the North 80 feet as measured along the West line
of the West 100 feet as measured along the Northerly line
of said Tract 240;
DEED OF TRUST
PAGE 1
AND EXCEPT that portion of said Tract 24, lying within
Short Plat No. SH. PL.-020-84 recorded under Recording No.
8408079001 ;
Situate in the City of Renton , County of King, State of
Washington.
which real property is not used, principally for agricultural or
farming purposes , together with all tenements , hereditaments , and
appurtenances now or hereafter thereunto belonging or in any wise
appertaining, and the rents , issues and profits thereof.
This deed is for the purpose of securing performance of each
agreement of Grantor herein contained, and payment of the sum of
Twenty Two Thousand Nine Hundred Fifty Dollars ($22,950.00) without
interest , in accordance with the terms of a promissory note ("Note" )
of even date herewith payable to Beneficiary or order, and made by
Grantor, and all renewals , modifications and extensions thereof, and
also such further sums as may be advanced or loaned by Beneficiary
to Grantor, or any of their successors or assigns , together with
interest thereon at such rate as shall be agreed upon.
To protect the security of this Deed of Trust , Grantor
covenants and agrees:
1 . To keep the property in good condition and repair; to
permit no waste thereof; to complete any building, structure or
improvement being built or about to be built thereon; and to comply
with all laws , ordinances , regulations , covenants , conditions and
restrictions affecting the property.
2. To pay before delinquent all lawful taxes and assessments
upon the property; to keep the property free and clear of all other
charges , liens or encumbrances impairing the security of this Deed
of Trust .
3. To keep all buildings now or hereafter erected on the
property described herein continuously insured against loss by fire
or other hazards in an amount not less than the total debt secured
by this Deed of Trust . All policies shall be held by the
Beneficiary, and be in such companies as the Beneficiary may approve
and have loss payable first to the Beneficiary as its interest nay
appear and then to the Grantor. The amount collected under any
insurance policy may be applied upon any indebtedness hereby secured •
in such order as the Beneficiary shall determine . Such application
by the Beneficiary shall not cause discontinuance of any proceedings
to foreclose this Deed of Trust . In the event of foreclosure, all
rights of the Grantor in insurance policies then in force shall pass
to the purchaser at the foreclosure sale.
4. To defend any action or proceeding purporting to, affect
the security hereof or the rights or powers of Beneficiary or
Trustee, and to pay all costs and expenses , including cost of title
search and attorney' s fees in a reasonable amount , in any such
DEED OF TRUST
PAGE 2
action or proceeding, and in any suit brought by Beneficiary to
foreclose this Deed of Trust.
5. To pay all costs, fees and expenses in connection with
this Deed of Trust, including the expenses of the Trustee incurred
in enforcing the obligation secured hereby and Trustee's and
attorney's fees actually incurred, as provided by statute.
6. Should Grantor fail to pay when due any taxes ,
assessments , insurance premiums , liens , encumbrances or other
charges against the property hereinabove described, Beneficiary may
pay the same, and the amount so paid, with interest at the rate set
forth in the note secured hereby, shall be added to and become a
part of the debt secured in this Deed of Trust.
IT IS MUTUALLY AGREED THAT:
1 . In the event any portion of the property is taken or
damaged in an eminent domain proceeding, the entire amount of the
award or such portion thereof as may be necessary to fully satisfy
the obligation secured hereby, shall be paid to Beneficiary to be
applied to said obligation.
2. By accepting payment of any sum secured hereby after its
due date, Beneficiary does not waive its right to require prompt
payment when due of all other sums so secured or to declare default
for failure to so pay.
3. The Trustees shall reconvey all or any part of the
property covered by this Deed of Trust to the person entitled
thereto on written request of the Grantor and the Beneficiary, or
upon satisfaction of the obligation secured and written request for
reconveyance made by the Beneficiary or the person entitled thereto.
4. Upon default by the Grantor in the payment of any
indebtedness secured hereby or in the performance of any agreement
contained herein, all sums secured hereby shall immediately become
due and payable at the option of the Beneficiary. In such event ,
and upon the written request of the Beneficiary, the Trustee shall
sell the trust property, in accordance with the Deed of Trust Act of
the State of Washington, at public auction to the highest bidder.
Any person except Trustee may bid at trustee' s sale . Trustee shall
apply the proceeds of the sale as follows : ( 1 ) to the expense of
sale , including a reasonable Trustee's fee and Attorney's fee; (2)
to the obligation secured by this Deed of Trust; (3) the surplus , if
any, shall be distributed to the persons entitled thereto.
5. The Trustee shall deliver to the Purchaser at the sale its
deed, without warranty, which shall convey to the Purchaser the
interest in the property which Grantor had or had the power to
convey at the time of his execution of this Deed of Trust, and such
as he may have acquired thereafter. The Trustee's Deed shall recite
the facts showing that the sale was conducted in compliance with all
the requirements of law and of this Deed of Trust , which recital
DEED OF TRUST
PAGE 3
shall be prima facie evidence of such compliance and conclusive
evidence thereof in favor of bona fide purchasers and eneumberanoes
for value .
6. The power of sale conferred by this Deed of Trust and by
the Deed of Trust Act of the State of Washington is not an exclusive
remedy; Beneficiary may cause this Deed of Trust to be foreclosed as
a mortgage.
7. In the event , of the death, incapacity or disability or
resignation of Trustee, Beneficiary may appoint in writing ' a
successor trustee , and upon the recording of such appointment in the
mortgage records of the county in which this Deed of Trust is
recorded , the successor trustee shall be vested with all powers of
the original trustee. The trustee is not obligated to notify any
party hereto of pending sale under any other Deed of Trust or of any
action or proceeding in which Grantor, Trustee or Beneficiary shall
be a party unless such action or proceeding is brought by the
Trustee.
8. This Deed of Trust applies to, inures to the benefit of,
and is binding not only on the parties hereto, but on their heirs ,
devisees , legatees, administrators, executors, successors and
assigns . The term Beneficiary shall mean the holder and owner of
the note secured hereby, whether or not named as Beneficiary herein.
DATED: May A.A.' , 1986.
THE CITY OF RENTON, a
Washington municipal
corporation
B y DOXDitttO S'A.L. •`
•- f
Mayor
Attest: X270-44- 6t *- -..,
MAXINE MOTOR ,
City Clerk
DEED OF TRUST
PAGE 4
•
•h •
STATE OF WASHINGTON )
) as
COUNTY OF KING )
I certify that I know or have satisfactory evidence that
BARBARA SHINPOCH and MAXINE MOTOR signed this instrument , on oath
stated that they were authorized to execute the instrument and
acknowledged it as the Mayor and City Clerk of The City of Renton to
be the free and voluntary act of such party for the uses and
purposes mentioned in the instrument.
DATED: May 1986.
/.
AIS
`o-a P�blie n and for the
State •,1 ashinrtan, residing
at Renton.
My appointment expires :
1— 2p- 9b
REQUEST FOR FULL RECONVEYANCE
TO: TRUSTEE.
The undersigned is the legal owner and holder of the note and
all other indebtedness secured by the within Deed of Trust . Said
note , together with all other indebtedness secured by said Deed of
Trust , has been fully paid and satisfied ; and you are hereby
requested and directed, on payment to you of any sums owing to you
under the terms of said Deed of Trust , to cancel said note above
mentioned, and all other evidences of indebtedness secured by said
Deed of Trust delivered to you herewith, together with the said Deed
of Trust , and to convey, without warranty, to the parties designated
by the terms of said Deed of Trust , all the estate now held by you
thereunder.
DATED: , 19 .
DEED OF TRUST
PAGE 5
ESCROW INSTRUCTIONS
HASTINGS to THE CITY OF RENTON
Property Address : N.E. 27th and Aberdeen
Renton , Washington
TO: Warren & Kellogg, P. S. , Attorneys at Law:
1 . PURCHASE AGREEMENTS : The undersigned appoint you as
escrow agent for the closing of the above-mentioned real estate
transaction in accordance with the terms and conditions of a
Purchase Agreement ("Agreement" ) dated April 28, 1986, between the
undersigned Seller and Purchaser and agreement supplemental thereto
dated May 23, 1986. The Agreement , and legal description therein
(including future corrections thereto) are incorporated herein by
reference . To the extent that any terms of that Agreement are
inconsistent herewith, they are amended to conform to the terms of
these Escrow Instructions .
2. INSTRUMENTS: The undersigned deposits with you the
amounts necessary to close as set forth in the attached Real Estate
Transaction Closing Statements ( "Closing Statement") , together with
necessary conveyancing and security instruments , which funds and
instruments you are authorized to use when all parties have approved
these instructions , and you hold for the account of the Purchaser
the appropriate conveyancing instrument , and for the account of the
Seller the appropriate promissory notes and/or security instruments
and funds , all as set forth in the Agreement . From the sums
deposited by the parties , you are authorized to deduct the charges
as set forth in the attached Closing Statements .
3. TITLE INSURANCE : You are instructed to, on behalf of the
Seller , order from Transamerica Title Insurance Company , a
preliminary commitment for an Owner's standard form policy of title
insurance in the face amount of Fifty Four Thousand Nine Hundred
Fifty Dollars ( $54 , 950 . 00 ) . You are entitled to rely upon the
preliminary commitment , and have no obligation to make any
independent search of public records , or inquiry of any persons ,
including the Seller, Purchaser and Broker.
4 . ESCROW FEE : Your escrow fee in the total sum of Four
Hundred Twenty Dollars ($420.00) is intended as compensation for the
ordinary services as contemplated by these instructions . In the
event that the conditions of this escrow are not promptly fulfilled
or that you render any service not provided for in these
instructions , or in the event there shall be an assignment of the
interest of any party to these instructions or any modification in
these instructions , you shall be reasonably compensated for such
extraordinary services and reimbursed for all costs and expenses
occasioned by such action.
ESCROW INSTRUCTIONS
PAGE 1
•
5. LIMITATIONS: YOU ARE TO HAVE NO LIABILITY OR
RESPONSIBILITY WITH RESPECT TO ANY MATTERS CONNECTED WITH THE
FOLLOWING:
(a) Heating oil in tank , water , Metro and other utility
charges which will be adjusted between the Seller and
Purchaser outside of this escrow.
(b ) Requirements of the Consumer Protection Act , Truth In
Lending Act , the Real Estate Settlement Procedures Act ,
Inter-State Land Sales Act , and any similar laws and
regulations .
(c) Personal property, or encumbrances thereon , including
personal property taxes , matters relating to the Bulk
Sales Act , sales taxes and instruments filed under the
Uniform Commercial Code , which matters will be adjusted
between the Seller and Purchaser outside of this escrow.
(d) Forgeries or false personations of any person or party in
connection with these instructions or this escrow
generally.
(e) Assessments , utility connection and any other charges
which are not of record and disclosed in the preliminary
commitment for title insurance , including omit taxes which
may appear on future tax statements . Seller warrants to
you and to the Purchaser that there are no recently
completed, pending, or announced local improvements for
streets , underground wiring, water , sewer , etc. , charg-
eable or to become chargeable to the property. All suc!j
matters shall be adjusted between Seller and Purchaser
outside of this escrow.
(f) The accuracy or correctness of any representations or
provisions in the Agreement , or otherwise made by the
parties or Broker .
(g) Insurance on the property. Purchaser will acquire and pay
at least the first year ' s premium on a new fire and
extended coverage policy in an amount not less than:
( 1 ) The value of the improvements on the property ; or
(2) As set forth in the Agreement .
The policy shall, to the extent that there is any balance
owed them, name the Seller and any other holders of
security against the property as loss payees . Purchaser
agrees to immediately deliver to Seller a copy of the
policy. Seller will maintain any present insurance on the
property until closing , and will be free to thereupon
cancel the same and retain any refund of unearned premium.
ESCROW INSTRUCTIONS
PAGE 2
(h) Rental or lease arrangements concerning the property ,
including accounting or pro-ration of rentals or transfer
or accounting of tenant deposits.
(i) The parties understand that you have not inspected the
subject property and have no knowledge regarding the
condition of the real property or as to whether or not any
items of personal property referred to in the Agreement
remain on the property or will remain on the property on
delivery of possession to Purchaser. You shall not be
responsible for the transfer of possession of the real and
personal property from Seller to Purchaser. All
arrangements concerning such transfer shall be made
directly between such parties .
( j ) Seller is aware that Warren & Kellogg, P.S. , Attorneys at
Law , are acting as the attorneys for the Purchaser .
Seller waives any potential conflict of interest that may
arise by reason of that relationship . Seller is aware of
his right to be represented by independent counsel of his
own choice .
6. MISCELLANEOUS :
6 . 1 A copy of the Closing Statement and other instruments may
be delivered to any broker involved in the transaction, as well as
to mortgagees or holders of other liens, and to attorneys
representing any of the parties . You are authorized , but not
required , to notify prior lien holders of the existence of any
contract or other instrument securing all unpaid balances owed
Seller by Purchaser.
6. 2 These instruments are complete , and there are no oral or
other agreements which modify or affect the same . Any future
amendments or supplements to these instructions must be in writing,
and delivered to you, before they shall be effective .
6 . 3 All notices and correspondence may be mailed or delivered
to the parties at the addresses shown in the Agreement . You shall
have no liability for any loss or delay involved in mailing any
instruments or monies .
6 . 4 The term "closing" is susceptible to several meanings.
Generally, it means the time at which the Seller delivers title to
the Purchaser in exchange for the purchase price . Normally, closing
does not occur when the parties execute the legal documents at the
closing agent's office or when the Purchaser delivers all or part of
the purchase price to the closing agent but may be delayed several
days until the documents and funds have been processed .
7 . TERMINATION : If you are unable to comply with these
instructions , or are , in your sole opinion, unable or unwilling to
close this sale in the manner provided in the Agreement, then you
will so notify the Seller and Purchaser in writing. If neither
party has filed any objection within ten (10) days after receiptof
ESCROW INSTRUCTIONS
PAGE 3
such notice , then you are instructed to return all instruments and
monies to the party who signed the same or paid the money to you .
Thereupon, you are , without the necessity of further concurrence or
instruments from either of the parties, released from all liability
in respect to this escrow. If within said ten (10) days, either of
the parties objects to the return of the instruments or monies , or
transfer to another closing agent , you are authorized , in your
discretion, to either hold the same until agreement is reached, or
to interplead the same with the Superior Court, at the expense of
the parties . Any monies returned to the parties shall be less any
expenditures which you have made on their behalf prior thereto,
including, but not limited to, any title insurance cancellation fee
and your full escrow fee .
8. CLOSING STATEMENT : The attached closing statement has
been reviewed and is approved by the parties .
DATED: May o2 a-. , 1986 .
Seller: Purchaser:
THE CITY OF RENTON,
a Washington municipal
corporation
By oSektekiVek
THEODORE C. HASTINGS BARBARA SHINPOCH ,
Mayor
Attest :
By J
MAXINE MOTOR
City Clerk
New Address : New Address :
ESCROW INSTRUCTIONS
PAGE 4
1
PURCHASER 'S REAL ESTATE TRANSACTION CLOSING STATEMENT
HASTINGS to THE CITY OF RENTON
Property Address: N. E. 27th and Aberdeen
Renton , Washington
Closing Date: May 23, 1986
Charges Credits
Sales Price $54, 950.00
Deed of Trust 22,950 .00
Current Real Estate Taxes
Pro-rated as of May 23, 1986. -0- -0-
Recording/Reconveyance Fees 15.00
Escrow Fee (one-half) 210. 00
Due from Purchaser to Close: $32,225.00 32,225 .00
Extended Totals $55, 175. 00 $55,175. 00
REAL ESTATE TRANSACTION CLOSING
STATEMENT - PAGE 2
•
SELLER 'S REAL ESTATE TRANSACTION CLOSING STATEMENT
HASTINGS to THE CITY OF RENTON
Property Address: N.E. 27th and Aberdeen
Renton, Washington
Closing Date: May 23, 1986
Charges Credits
Sales Price $54, 950.00
Deed of Trust 22,950 .00
Current Real Estate Taxes
Pro-rated as of May 23, 1986 . Seller to make application
for refund of pro-rated
taxes
Title Insurance Premium inc. Sales Tax 367.54
1 % Excise Tax (1 . 32%) 725. 34
Revenue Stamps (2% ) 109 .90
Escrow Fee (one-half) 210.00
Sales Commission to Bitney Realty 5,000.00
Check to Seller: $25, 587. 22 $25, 587. 22
Extended Totals $54, 950. 00 $54, 950.00
REAL ESTATE TRANSACTION CLOSING
STATEMENT - PAGE 1
SUPPLEMENTAL AGREEMENT
The undersigned parties hereby agree that the legal
description referred to in that certain Purchase and Sale Agree-
" ment dated April 28, 1986 , between the parties hereto, should be
amended to read as follows:
See Attached
DATED: May 23, 1986.
Seller: Purchaser:
THE CITY OF RENTON, a
Washington_� tMunicipal corporation
aa
By �QWOcove) f l OC,C9
THEODORE C. HASTINGS BARBARA SHINPOCCHH
Mayor
Attest:>2421-6119)9Z.
MAXINE MOTOR
City Clerk
DESCRIPTION:
PARCEL A:
Tract 237 of C.D. Hillman's Lake Washington Garden of Eden No. 4,
as per plat recorded in Volume 11 of Plats , Page 82, records of
King County;
TOGETHER WITH that portion of vacated County Road No. 174
adjoining, which upon vacation, attached to said property
by operation of law;
EXCEPT the East 40 feet thereof;
AND EXCEPT that portion of said Tract 237, lying within Short
Plat No. SH. PL. -020-84 recorded under Recording No. 8408079001 ;
Situate in the City of Renton, County of King, State of Washington.
PARCEL B :
Tract 240 of C.D. Hillman' s Lake Washington Garden of Eden No. 4,
as per plat recorded in Volume 11 of Plats, page 82,
records of King County;
TOGETHER WITH that portion of vacated County Road No. 174,
adjoining, which upon vacation, attached to said property
by operation of law;
EXCEPT the North 80 feet as measured along the West line of the
West 100 feet as measured along the Northerly line of said Tract
240;
AND EXCEPT that portion of said Tract 240, lying within Short
Plat No. SH. PL. -020-84 recorded under Recording No. 8408079001;
Situate in the City of Renton, County of King, State of Washington.
r i1
.1 Y-'kS
. a
OF 1
tiiv
dl 0 OFFICE OF THE CITY ATTORNEY • RENTON, WASHINGTON
ID0 % POST OFFICE BOX 826 100 S 2nd STREET • RENTON, WASHINGTON 98057 255-8878
Z wil. o
o '� ^' LAWRENCE J. WARREN, CITY ATTORNEY DANIEL KELLOGG, ASSISTANT CITY ATTORNEY
9.0 `O DAVID M. DEAN, ASSISTANT CITY ATTORNEY
o9grD SEP�,0O�P MARK E. BARBER, ASSISTANT CITY ATTORNEY
ZANETTA L. FONTES, ASSISTANT CITY ATTORNEY
July 10 , 1986 MARTHA A. FRENCH,ASSISTANT CITY ATTORNEY
TO: Maxine Motor, City Clerk ,
FROM: Daniel Kellogg, Assistant City Attorney
RE: Hastings to City of Renton Real Estate Transaction . .
Dear Maxine:
I enclose to you the original Statutory Warranty Deed and
Policy of Title Insurance in connection with the above entitled
matter.
Very truly yours,
Cam, learf
641017
4 -
Daniel Kellogg
DK/jw
Encls.
cc: Mayor Shinpoch
cc: Ed Hayduk