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"~~., TITLE l~~~ RESOURCES GUARANTY COMPANY File No.: 40097744-800·T35 c· p'tyOfh ~qf/f/i 'Tell!. 'fig Dil/' . 011 iSIO J{J. I] Subdivision Guarantee Z 18 lq Issued By /J;i>!§: 7l Title Resources Guaranty comp81iy©~f (b?~/Q) EXHIBIT A LEGAL DESCRIPTION Guarantee No.: 40097744·1·E THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: LOT 1 OF THE CITY OF RENTON SHORT PLAT NO. LUA-07·100·SHPL, AS RECORDED UNDER RECORDING NO. 20091124900002, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. TRGC Form No.: 2647 Subdivision Guarantee Page 1 REt:t· f!" ~Q1C\\!i~N:'ON, WASHtNG'l'l:fiIF:HSL \\l~ 1 . . : .,," ,:qJll)z.~\ .. p,E NO. 4015, 61 11100 • ' \" ., ' AN OlU'llNAN(II\'J~~\~iIl:: ict.'!!Y OF RENTON, WASHtliGTON, ESTABLISHtNO A 11li\b');'OSED ASSESSMENT DtSTRICT FON SAlllTARY SEWER SERVICB IN THE HONEYCREEK INTF.R~EPTOR oERVICE AREA AND ESTABLISHING THE AMDUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. 10. (,(I ~.'I"'10.IJO II THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS; SECTION II There is hereby created IS. B2.~·j.itary sewer service B~. cial assessment ~i8trict for the Honeycreek Interceptor area in the northeast quadrant of ~he City of Renton which area is more particularly oeacribed 8S ~ollowsl See E)l.hibit "A" attached hereto and made ill part hereof as if fully set forth herein. A map of the project area is attached as Exhibit "8" and made a part hereof as if fully Bat forth.) SaCTION III Persons connecting to the sanitary sewer facilities in this Special Assessment District which properties have not been charged or as.eased with the cost of the sanitary sewer lnain, sh':lll pay in addition to the payment of the connection pemit fee and in addition to the general facility and trunk connection charge I the following aOditionaJ. feea: A. Area Charge. (See Exhibit "A" ond ".') Residence duelling unita, apartments or equivalents: $250.00 per dwelling unit Commercial Development: -5¢ per square foot of gross site area B. Front Footage Charges, (See Exhibit "C" ond "D") There 1s hereby created a BubdlBtrlct within the Honeycreek Interceptor Special Assessment District consisting of properties fronting on Interceptor Sewer: CERTIFICATE 1,l1l:I \IIIdsnIiDI!II, Maxin. E. Motor IlIaIIlith CIty 01 R .... WeeII/aaIIIII. fII1IIfr ti \ilia 10 0 1nI. and cormtCGPYot Qr4iR'pf'i' Hp .402, .~. .. , .- ORDINANCE NO. 4025 'l'he properties to be assessed for front footage are more particularly described in Exhibit 'C" attached hereto and made a p~=t hereof as if fully set forth. Th~ front footage charge shall be $37.lg per frontage foot, representing $74.38 per center line foot divided equ~lly for. property fronting on each site of the center line foot. SECTION III: This Ordinance is effective upon its passlI.ge, approval and thirty (30) days after publicfttion. P .. SSED BY THE CITY COUNCIL this 17th day of November, 1986. APPROVED BY THE MAYOR this 17th day of November, 1986. Barbara Y7S npOh, Mayor Approved a3 to form: ~~~~;A~ Lawrence J. Warren, C ty Attorney Date of Publication: Nov~~er 21, 1986 -2- . ...:.-... .-~£X.i;t~~')~:~:>";:::,~2" .,:,: _',,;c' " ';:' ," .; . r ( -: .• ,- ", ,," , ' .1._ ,; , __ ,L3-2850rX " ~ E,I HI·D I, T .. .., ..•.... , .. .,.. .... ", " \':--.' r- . :'.:. ',.:,-'. ' ....... .,." ..... -.....• : .. . .. J, "',:' "" ~.~~~II ::i~:;~~~~~.~~;~~ ... ,. ',., ••• > •• . : -:.':. _._ ... . :'-:!-" ..... _.'. -, ... ~, ..... ' E a H ID IT' -".': ( .. ·r " ..... -: ,~,:. --:. ' .. ,. , ' . I::' :" .. ' .. :~, -.,' ". ". "' . • "... 'J' ~:;-.. ::7-:--: :~-::.-"""T~~0';,:, ... ~~ .~, ., '-'.' ... -•... "'.' . :: " .' .... ' ."' ,-';'.' . "'.", .. ~: ~ .. '. ~'.: '. ' ...... "~, ... :' . . .'~ - i., ., .... ....... ·d'.,_. ,. '. '~~:'. '" ';'" :r: ' . . . "':---" IJ) IJ) ... ... M ; ORDIRANCE NO. ~ E I H I 9 I T °Do FIIIIRT FOGIASE CIIAIIC£S E I H I 8 I T ~-........ --------..... ~ _ .. _-_ ......... • 20091013000676.001 EASEMENT (culltomer form) REFERENCE II: ( , GRANTOR: • lu",I/"n tdvNS GRANTEe: PUGr;t'SOUNO ENERGY. INC. 2 SHORT LeGAl..: Nt V4 Sot.,. /':; /Ai/-, .:1..3N: Ii" <~ l'St ASSESSOR'S PROPERlY TAX PARCEL: /('..z.,,-~...;--c?'.:::;l..:.. .00 'uillegal on page !l.. OP or U MAP NO: ________ ,JOB NO: /N(l$fC'~t ___ . FILE: (l vW I For and In consideration of One Dollar (51.00) and other valuable rU'~:ijIj81'811?n '" hand Pilld. I SIIl:.!\g \'\ 1,.1m e"" ---I ('Grantor-herein), Ita aUCC88aora and ... lgn8 hereby C"Jr.".YR 1IIld warranta to PUGET SOUND ENERGY. INC., • WaahlngtOn CorporaUon (-Grantee-herell"l), Ita .ucea.aenl lind Bs.ulgns tor the put'p08oa hereinafter lIot forth. a nonaxclu.1ve perpetual '8feme~OYil!l" under, along. aero •• and through the follOWIng deacrtbod real property (·Prop~ herein)!n +'t n) fi:. _ County, Washlng,un: see EXHIBIT "A" ATTACHeD HERETO AND BY THIS REFERENce MADE A PART HEREOF. EASEMENT LOCAnON: Excep':t.8 may be otherwlee .et forth herain Grantee's righb shall be exercised upon that portion of the P~et1y (the "E.aetment Are." he.-eln) tha~ Is tan (1<;' reat In \'IfIdUl having flve (5) feet of such width on each aide or (he canter1lna Of Grantee'. ayst.&ma tocalac! DB conatru ... -ted or 10 be constructed", axtltnded or relocated on the PropertY, except thoee portions of the Property occupied by exlsUng building lootln~lI. foundaUono, and/or auCaurfaca .t""ctul'Ita. 1. Purpo.... Granta. shall have lt1. right ~CI uw the Eaaem~n\ .'\ru::J to con~':I'Uct. oparatEr, m;<liiltal ..... IW;,r.j,·, rePlBCe, Imnn,h'u, rat1'lOvu. and 0lllUI90 una or ".ore utlllt), 6;)'''t&,ll. iUf PU,'pD""~&o Ollfilln.mlsalor:. ,."~LlIL"Ut.'UII ",r.,·J I' a.l. of ga. and eklCb1clty. TogoUlar wUh tha nght o{ aCCeli-I,} ovor and £ICrolUi sail.! Prc,:;.erty to enable Grontce In ellerel •• Ita rights hereunder. iJ,a used heraln, tho taml -.yalamo" uhull Include OIl a~t1en60C".e. und f!lcdlti('!$ D~ are nace."'ry, In the Judgment of Grantee, for the operation and malntonance of I5nld 6y.toms. 2. Qrantu". Uao of Eoo.mont Arca. Grantor agnJee not to oreet any etruC1urea on aald EOl:Oemcnl Affl.S. ond I further agraea nollo place Ire.8, rockerl38. tanca. or oUler obatl'UC~n8 un tn. Property Olsl would jntmfe~ .... iU. the exerc:lao of Grant .. •• righta herein. I OATEDthl._~ day 0' ~~ .,2~ i GRANTOR: BY:~$M,:-____ -=~ ) ,,·o":::\GNoI.IU!IU~R"QtM.'.n'.,.: "L:' r.~.\"'ii:n:a 01' "Io.t;t'.L"''''', BY: STATE OF WASHINGTON) ) SS COUNTY OF 10(1'" c.... ) "'_ .. .., On thle q-day of !zgr:n-"'''C B .-eees, before mu,", NOt81'"j" I,!.lJbl,IC In ~nrt for t.ha,S\@.!.~ ',VashlriQlon, duly commle.loned and swom, personally appeared :?LAE-I L,SbL \AI A R...!:::::;! t::" ~ , to me known to be the inrJlvldual(a) who executed the withlfo and foregolns instrumant, l'nd acknO',NICdued t.,el 5\'i~ olgned the oame •• ~~ free and voluntary ael cnd deed for the U£8$ and purpocua theroln mentioned. I '!GIV .. r dMal I ~, ~"---"\.:.... _.-... ..:.> I 1'IIoIM'w .... 1_ IOwf.O noIaII:on, _ M 4" ... l' .... Ig~ rt' /t''-''W~.,t h,,'-/'73'l3/ a, / __ '''; CUlt rOm! "2000 J~-,-~A I'It-.:I __ (Print or stamp name 0)1 Notary) I NOTARY' PUBUC In and (ur the Stale ofWas~irlgtl)n, I roah.1in:ut ~~~~ My Dppolr'ltmor;r;;xp:re.~~ ___ •• :_.:=::: ! ----___ ... _1 EXHIBIT "A" THE! weST 112 FEET OF THE EAST HALF OP THE SOUTH 10 ACRES OF THE! NORTHeAST QUARTeR or THE NORTHeAST QUARTeR OF SECTION 10, TOWNSHIP 23 NORTH, RANGI! 8 EAST, W.M •• IN KING COUNTY I WA8HINO~N ; ExesPT TH& SOUTH 30 FEET THEREOF; 20091013000678.002 AUto EXCEPT BI10lNNINO AT THE NORTHWeST CORNER OP 8AI 0 SUBDIVISION. THENCe EAST ALONG NORTH LlNB 57 FEET TO POINT OF BeGINNING; THeNCE CONl1NUINO EAST ALONO 8AtD NORTH LINE 86 FEET TO THe EAsT UNS OF SAID aUBDMBION; THENCE SOUTH ALONO 8AID EAST LINE 108 FEET; THENCe WESTERLY 22 'EET: THENCE! NORTHWESTeRLY 110 FEET, MORl! OR LESS. TO POINTOP BeGINNING. ALSO KNOWN A8 LOT C OF KINO COUNTY LOT LINE AD.JU8TMENT No. 880M0428 ApPROVED 4AHUARY 10.1882. SITUATE IN THE! COUNTY OF KINO, STATE OF WASHINGTON. "02 Nli 10'" St. IOIO~1024/07J9JI POF lor.., j .~) :; , . .' '" 0 .,. 0 \I) .... :.0 0 '(l) (l) .... : . .~" .' lb@lF @>Ik &Y • 11. 0 ({IJ ~ & © Ao ® 1r !K£il ~ 00 if , BUI~DING AND [p ~ [b' 0 © t% u QEcgHJ~1 SLOG, &' LAND DEVELOP. ~AND DEVELDPMENT CIVISICN PR 20 19B~. ~S~ KtNG COUNTV AO"INla~A loc "" evllV'. "_0 ~ldaCD"~ &.~'C • C:~D 11..00 "?V<. &.~'C = C:Wft.I". p4llla hp 'Mno T .... ;.o~ • 1.$0c:4~ c~ :.oCA N 93"sis· I wD II- L4 •• '1~·~O r"'3t~ ,'LD. 11 "".c I .." S_ IV. 'ir' 1"-NEI ,AI 10 l'"!r::s I Loq'aJ, K:Q_=r£,;-a-.. :.ac ... ~ 11:1. -\'~d "" -Ihe £:crsr ;'c,/1' aF -t},e. Sou-t~ loacre<;, aF 't/u.. U::.-"tI"Q~ Qua ,<fa,: 01'. +f.. ILart(,eqs'l-Qtto,.'f>! I' ",F 5B::.7-;01'\ 10, -i?a'!1"S ~.si-, IUtI1'J ,;" k'ln:! Co"".,.: ..... TOW"''';,. :;13 rVorlf, ) W",hi":ii'cl\ ; ~)(CSp T -tf.e ,50«"7'/, 30 -F'ee."f-'t/oer<'vr-, IOG-&r'fE." IvlTII ave,. '111~ .so .. -I, • 71.e.. E<1~T-,30 . - ---- Q., eqSC!I"'~N-(o -Fo. 1;'Jress~ e9r.eSStt,Jlc/ lei; /,'r;e,$ o -ree+ a-F Sq I'd ~,b;',i.J/SI{,,, 3 E)(CE Pr ",7-'7"~ I"p .".p • .3 1'" -------- :.0. D/1-e ~ <&I" IMI-\' ::-:s:..ct." 10 Q~r .. S of +J.. {l)0,-"/1..0t<I,,,"1-Qu.~""',-o-f 1A.... of. ;J, !\Jor'iA.qgl-""'r'fe., d! S,-d.· 0" IO,T .. ",,,I,;p.;l.3 rJoi"fl., ..e~'"(j" S Eqs1-, 1U".1.,i~ "',~~ Cou~;'Y. $0,,'1-/, 30 { •• i-.; IIIUD E){c~t"r -M... Io..~ 1IrJ.. f'''o<:/-lylO;~ ...... 1-.,f' Sa fd S4hc/,"";,, /0" ; ",,,ci ... or.,. p+ -tN.. Gt '!>+ <flO UJasl\l"l~1-ai"; G-:.c.~ .. ;t .. "flu.. 1Jo"+" "f t~~ So..cH. 30 -k .... t-; AND E-XC!ePT -tfG.. I Uo.-tl, l'it..q{" -f .... + o{'+"'w So,th, nt,.<7t, ,.,,"'/ aT "If.. __ .!ii'<fS1 'i'3I'.8 S" ..,:;.,,~ .. ..pf/" .... 00+ J.a(.". 0< '1~ .. .s,~1/' 10 C;U'r"h~ ".p ."IIv> /IJ,,''i1\eruf-auqri ..... trf' s ",q:; Se<!f, ..... 10, .,,, rr;I-·ro,-'':J,-,ss.J ~ '"'><0$ q'n.q td-il;-h~$ ou~ '" i/~ .... W<.st-t1 1.9 5 -f'... i af' #" ... <I ....... S a~ ,"'-I\Jo;:tA",S+ -tc:Jc;~f{'OI~ f •• n-tI. qu 9T5~' So ,,"(-/, :k)-f", .. "t" Df' Sri &Xcr;;. Pr-.,I", E. q.s7-3 q su/J<IiLJi •• /o", E-,tCEi-Pt-"fl( .... /U2Yf-Ila. i'e..:J-; a,;</ o -X¢7-aP Serf;"" eo.J~.IJu!,i+ ... - - --~'C C - ee..-06 .... 15 RECe-f:' REV S CASHSL oS..oo 26.00 .. 0403 1.:J ~\/ .. ......... 34:.00 11 . -.-. .. , Ad~~S1:JDent:. _ • ~1.0~ .. .Ln_ " S) I fill., ~ ,. . • C"> ... ... ~ .... ;:;0 );\. ;c~ "' ",,,, is '" nl>o9 .c 0,. •. ::,: I:l = §a;7.:.:: MOAT" -.... 0 ~ (;. -<:-.MZ ~ '·II~' -:-. 0 cS ~ leA,",11 ffi'" ... I I I II 1..'" " I \,"1 I-A I Lo r· I~ I ",9 I ~Ji I Q;\' I~ •• J Lo+ .ff . (s,; II¢. Sf.) ............ _ .. ·;644 P LAnDe&-r ~-.J·8a NOTEJ Apr~Qv.l c~ ~is ~dj~s~an: does no~ ASSuze ~he p%ope~y ovner ~a~ t.he 8Ub;,ec":. pZ'ope.c-cy iotael..! b.ns sz.tis11ecl ~s State a..,~ Co,.t.y .lIb ... ; clivi-si.an re.."i.r ..... eftU 11lC1/ 58.17 an:! IU.J:l9 eD""~Y Title 11\. Pl ....... el De .1:5 ... ·'15.4 -ihst t:u.i~::Si.r.sr peraa.c.s "':i.1L no-,:. be ,l.S3\Uld 'E.g lo'E..s vbLdl . .... -=~, ", .~:'!.:-!~ .. t:';.s.s..~~.=.!.;~~4 .. w;. ':_'t .*_'!.._USl!.u .. ''lI=ihept.s a£ !i 3.!J s't.~'t.U~. en::S code. 1 o ::.:;(j0 -136t;, PloCG Southeast. BelJevue, "'ash1ns~nn 98006-~400 ' .. 0: A IO-:;t::,-Oc:, '-b ... "'-, 7 .... , 'il S 1'-1" . ar F +. u~ 'So. Irl..9", en· N" )1"1 L.: .............. " • 'IEL~PHOHE: 296-6640 -;:'. 0-- -...~ ,-/...,-W;:y ~ .~€. L.I~ §:"'SS '",,'-t'dt--tSG i -S 1100 %. of ~r:. 07' o~ NE Y'I 0"'" 1'-eL>lsedl ~c! sH<".!·, \' I..+-' lJo· "S;..oo"t ),.:cov-d,,~. F' "'>\()~;,;l"'l\ S-:l. sp' '5l4o\~:t l'l..Ar ""F,: ~ . . . ~n ?ro~"I'{,/ add.c"~,; .1"1102.0 'SE." /1.,-dJ'!;rl .• Re,,--to~)\..t.Ja: DEPARr~:rrn Of ASSESSMENTS _ ~lnedlnChp~lVY,(Ith~'1" r c ". 'eJ&. f;:...~, __ k,wr.;,<. U.I'lI.-=tr: Au .... ' DtpUlyA._ RECEIVED' : ,vE It:>· ee,-5 IIf>Z;5""'.f> -"114-3 DEC Z 61990 -9370 • '73~ SUBOIVlliIUN~: ; ... '-.--. '-'-'.--._-._--.. -.--..... -.... .". C 'tJe,.,r I\~ ~-t. cf +l-" ~~ kaw Gf "II,'! SOIet/, 10 "Ie rc'S of ;".' 1\1&:), .. ut-tl" .. NIi:V~ d'f-5..,0'1"0" 10,10 ....... " .. '" 2-loM ~",,~.s"" ,v.\\:' I-< ,1\.5 C",,,,,,+-t I ""'0:\ \ .exc.pi-..... /,"-5::> .. dl, 30"1'i. 'f/, ..... ~.l -to ~ .. '·f/ .. r '",;,./-/ ~ a'i.~",q,,+ of".-~l'\5r(!c,.s \ ""':f":S=> ~ l\C~ l.t."t\ f "+1 e.s oue,--lh<: ': S 30 -R-. ~ So.ld:ill6J,v 1':;10)\ :....e)(c:.~ "th~ -eQst 3o't~. -iher ..... . ;TG-.IV f-aT I .l...es,? '?, I H:l;rT C!~ rOr 1-or I Ly W.' ~ l/38,8S/~Nl<kt rrCNG'Y'io{, re",,~.d· ~I! Sl-",,'t' I'IAI' No, d'S' ';l 00 '1 : . PrcI'··.-I't (\&.<k«'5·' 1'1019 SE /1 ~ 'i:b.. s:;f, Ri!M.+O,,) b?a. :i'.l .... ~, .. :·:ci· ~ '·0(::']"--:\ ,.l4iJ " .. ' ; ;j :.J RECEIIJEIJ HilS OAT CD ':0"'" FED 13 :1 32111 '91 ""'/ ,,/ oy 1t!f.CI.I:·.In'~OF r-----~----~sT~~=~'~'~~O~"'~'l';~"'~>~'~,~'f"~"~·~~, ...;-"';,. \" 5'$ I. !I:r \ ~ ... ,:..aJ·-';·~~ , \ ~ ,I ~~ 1)0' to..::' .. ,.. ... lJO··~Z Ol,)'~ Otl°Y 1.:11 .!t:'60tt ·'4 \ , ' " '\ p'''posccr-~0"').c,,1 o Q L'I----m;:o;~, , .' cY1 , o ~ "\SHSt:J:l ::i n:lu 3:;J.:I:::J=tU .:I tJ03B ~1 .... .::tJ'''16 .. II., " Co Noe Writd Below Th18 Line ,0 & bQunda~y lino adjuatmont ~Qquo.t: 0 .,g - LD1' -..II 0- P. ..s (0 ::)-= -I'.> t...> fi3 .-....., ~ 4:;":1" . QuollEl •• for an oxomption under Soctlon It.Z6.D30(r) of tho Ring County SWbdlvialoh Cod. and sootion 58.1' of tho R.vl •• ~ Coda of Wa.hington. It doaa hot oonotltuto an ••• uranaD that tbo nowly oonfigurod lotea' con be built or aubdivided In·tho futuro. Dooa Not Quality for an e~omptlon duo to: IIlO /11 '~ " ' '" " .i , • !'() !., " r,. "Ar-Til '~""::';o :\" ,,- " .' 20040525000523.001 ~J.u.pnnt.rtypeml.""" •• nWASHINGTON STATE RECORDER'S Cover Sheet (RCW 65 (4) Document T1tle(s) (or transacuons contamed therem) (allarou eppltcoble '" l"'" documont mgt be filled ID) I ~~b.vd-:t I lf66'ro~ 12 3 4 Reference Number(s) of Documents assigned or released: Addll10nal "'fcronce #', on page __ of document Grantor(s) (Last name, lim name, mlual,) Bt6ISE fAIt NM IIfOtJIIe I V_)',U:kl£:~ 'SUI!:! He III -, ~~~.~ 2 -J , AddlUonaI nam .. on page __ of document Grantee!s) (I,ast name first, then first name and mitiaIs) ~ \~.;~i~ ~;\IIS; 1\ : AddlbonaI nam .. on page __ ofdocummt Legal descriptIon (abbrCVlated I e lot block, rIal or ,«lion, lownsbl~. ran1t ~ en:: ~ ffl. "" ~ ~ I 97 t.. 0 3~ !Io. ~80Lf I Un7 . I AddlbonallegallS on page __ of documOllt Assessor's Property Tax Parcel/Accollnt Number 0 Assessor Tax # nol yet IISSlgned 10 l30~ -93R:;l J lo"'.l:30~~3:Z()} 1t:r':J3~ ·<:/31./3 The AcdltorlRccordcr will rely on the information prOVIded on the form The staft'WlU not rcad lb. docummt to vcnfY the accuracy or CDlDplcttness of lb. mdCXlll2 mformaIJon proVlded herem I am requesting an CII¥lI'gency nonstandard recordmg for an addItional fee as proVided m RCW 36 18010 I understand that the recordIngprocessmg requlJ'ements may cover up or otherwISe obscure some part of the text of the onglnal document ____________________ ,Slgnature ofRequestmg Party After recorlhng return to 14620 SE 116 St Renton. WA 98059 Amendment No 1 of Easement Reference No 9102130947 First Party Su8Jlen Wames 20040525000523.002 Second Party David A Welnch and Mary V Keech Abbrev Desc Lot Y of BlA #l97LOI34, #9804131877 Tax Parcels 102305-9382.102305-9370,102305-9343 This amendment of Agreement IS made and entered Into thIS ?tJ~ day of /re(l I , 200* Whereas. the above descnbed parnes are the owners of the properties descnbed as follows parcel X as descrIbed on exhibIt "X· Parcel Y as descnbed on exhIbit "V" parcel Z as descobed on exhibit liZ- Whereas, that certaIn easement lor Ingress. egress and utlhbes descnbed under KIng County recording No 9102130947, had previously establIShed and created an encumbrence agaInst tItle, And whereas, saId partIes deSIre to amend saId easement In certaIn respects, Now, therefore, In conSIderatIon of the premIses herelD expressed, the undersIgned partIes do hereby amend saId easement as follows Said easement shall be descnbed as the wast 20 feet of lot Y Instead of the east 20 feet of lot Z ThIS agreement abandons the east 20 feet of lot Z All rights and obhgabons herelD shall be deemed to be covenants running With the land and shall be bIndIng upon the partIes, their heIrs, successors and assIgns Except as amended ~y.\hls Ins~~n~ \he onglnal agreement shall remaIn In full force and effect ~~/XJ24) ~C\. ~r7 ~ S ndPa aIdA In State of WashIngton County of ,.!:K>1IINllGL..._.l I, Gal! P KruSIC, Notary PublIC n Md for the Statl} ofWas~lf1gotn, reSiding al Renton. WastllngtOO, do hereby certify th.t on thlB '~Y of • 20R.:!., personally appeared before me "" '0 To me k n/pI'oven to -n; rndrvrduals descnbed ~,nd who executed the WIthIn Instrument and """'-lodged thet sIgned the same •• 1:b. f1& free end voluntary act and deed for the uses and purposes h rem mentioned ,,~ -H, ()~ : 0 I -" GIVon Under My Hand and OffiCIal Saallhls,:,&.day of ~' 20~ ~!:''.<!.!''~~t . r:;'" ON~."· 't ~ c..., ~. ",OTAIII' ~\ \ --m. I I'\a.IC J J t~·'.l'9~ .. "··· ,; "?~n.: .. ".. J' III .... W .: '''',' .... ''''''~--- 20040525000523.003 }ss State of Washington County of --,KI..""-I.!.rI'-'G'\;~ ______ _ I certify that I know or have satisfactory eVidence that ~ ,Id \ef) \N aX nes • Name ot SIgner IS the person who appeared before me, and said person acknowledged that he/she signed thiS Instrument and acknowledged It to be hlsiher free and voluntary act for the uses and purposes mentioned In the Instrument 5-)1 DLJ McnthlOaylYe., My apPointment expires '1-9 O~ Place Notary Seal Above MonthlOayNear at Appomtmam Expuatlon -----------------------OFnONAL----------------------- Although the mformatlOn lit thIS ssctlOl1lS not reqUfred by law, tt may prove vaJuabItJ to persons rely",o on the doCument and couJd prevent fraudulBnt removal and raattachment of this tonn to anoths, document Description of Atteched Oocument liUe or Type of Document Jh.nendm(Vl t o£ t'a ~ Document Date Lf .120 . Ot.{ -,,-3~ __ --:-_ Signer(s) Other Than Named Above ='-'-''"'---'-'---'-=''-'''''-'-4'-''=<+-=''''' "--___ ---' 01999 Nabonal Notary A&soCIatlon· 9350 De Solo Ave, PO Box 2402· Chatsworth. CA 91313-2-402· wwwnatlonatnotaryorg Item No 5908. Reorder call Toft·Free 1·800-876·6827 20040526000623.004 .' ~Jillir 'IX " THAT PORTION OF LOT e IN KING COUN1'/' LOT UN! AOJUSTt-1fNT NO. S90M0425 ACCOROING TO THE ~" RECORDeD UNDER KING C:OUN1'/' RECORDING NO. 9102130947 (BeING A ReVISION OF LOT A IN LOT UNE ADJUSTMENT NO. 8804024 UNDeR RECORDING NO. 8806150403), LYING WITHIN LOT 1 OP KING COUNTY RWIseo SHOIlT PLAT NO. 882009 (ReV.) ACCORDING TO Tl-II! MAP RECORDED UNDeR KING COO1m' ReCOROING NO. 88052&1152: TCIGETHER THAT PORTION Of THE weST 112 PEer OF TliE EAST 'h OF Tl-IE SOUTH IC ACRES OF 'TME NORTHEAST '/4 Of THE NORTHEAST '.4 OF SECTION 10. TCIWNSHIP 23 NORTH, RANGE 5 EAST W.M., OESCRI8ED AS FOLLOWS: 8e~NNING AT TliE NORTHWesT CORNER OF SAlD WEST 112 FEET OF THE SlIBDIVISION; T~IENCE EASTEIlLV, ALONG THE NORTH UN! OP SAID SUBOIVISION, 57 FeET TO THE TRue POINT OF BEGINNING; ,",IENC! CONTINUING EASTeRLV, ALONG SAID NORTH UNE, 55 FEET TO THE EAST U ~E OF SAID SU&DlVl5ION; ~IENce SOlJTl'iruY, ALONG SAID EAST UNE, 106 FEI!T; ~IENCE WEST 22 FEET; irlENCE NORTHWemRlY 110 FEET. MORI! OR LESS. TO THE TRUE POINT 01' BE.GINNING; (ALSO BeING KNOWN AS LOT" OP KING COUNTY BOUNDARY UNE ADJUSiMI!NT NO. L97LOl34 ACCORDING TO THe SUII.VEY RECORDEO UNDER RECORDING NO. 9804131877) : SITUATe IN Tl-IE COUNTY OF KING, Sf ATE OF WASHINGTON. /:'/('1//1,;>/ r .' Y ./ LCIT 8 OF KING COUN1Y LOT UNE ADJUSTMENT NO. S90M0425 ACCORDING rb THE MAP RecORDeD UNDEII. KING COUNTY RecORDING NO. 9102130947 (BEING It. RE'VISION OF LOT LINE ADJUSTMENT NO. 8804024 UNDER RECORDING NO. : 8e06150403) WHICH IS A PORTION OF LOT 1 IN KING COUNn' REVISED SH01T PLAT NO. 882009 (REV.) ACCORDING TO THE MAP RECORDED UNDER KING COUNTY RECORDING NO. 8805261152; I TOGETHER Wmi LOT A Of SAID LOT UNE ADJUSTMENT NO. S90M042S. BEING THE wm 28.85 FeET OF THE EAST 438.85 FEET OF THE NORTH 146.96 FEET OF THe SClI1TH 175.915 FEET OF THE SOUTH 10 ACRES OF THE NORTHEAST '.4 OF THE • NCIRTH!AST '.4 OF SECTION 10. TOWNSHIP 23 NORTH, RANGe 5 EAST W.M.; • (AlSO BEING KNOWN AS LOT Y OF KING COUNTY BOUNDARY UN! ADJUSTME~T Ne). LD7L0134 ACCORDING 10 THE SURVEY RetORDED UNDER RECORDING NO. 9604131877) SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON. 20040625000523.006 6')<' !l1~/r liZ." nlAT PORTION OF LOT C IN KING COUNTY L(' " UNE ADJUSTMENT NO. S90M0425 ACCORDING TO THI: MAP RECORDED UNDEP KING COUNTY RI:CORDING NO 9102130947 (BEING A REVISION OF LOT '. IN LOT uNE ADJUSTMENT NO. 8804024 UNDER RECOPJ)ING NO. 8806150403) 1.'fINe; WESTERLY OF LOT lIN KtNG COUNTY REVISED SHORT PLAT NO. 8S~009 (REV.) ACCORDING TO THE MAP RI:CORDED UNDER KING COUNTY RECORDING NO. 8805261152; exCEPT THAT PORTlON OF THE WEST 112 FEET OF nlE EAST 'h OF THE SOUTH 10 ACRES OF THE NORTHEAST 'M OF THE NORTHEAST 'M OF SECTION 10, TOWNSHIP 2J NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: BL'GINNING AT THE NORll-iWEST CORNER OF SAID WEST 112 FEET OF THE SUBDIVISION; THENCE EASTeRLY, ALONG THE NORTt! UNE OF SAID SUBDIVISION, 57 FEET TO nlE TRUE POINT OP BEGINNING; TIII:NCE CONTINUING EASTERLY, ALONG SAID NORTH UNE, 55 FEET TO THE EAST UNE OF SAID SUBDIVISION; TIiENCE SOUTHERLY, ALONG SAID EAST UNE, 106 FEET, THENce WEST 22 FEET; TIiENCE NORTHWESTERLY 110 FEET, MORE OR LESS, TO THE TRUE POINT OF III!GINNING Of' THIS exCEPTION; SlTUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 20040526000523.006 7-~ ~ BOUNDAR\, UNE ADJUSTMENT 1.97L01~ ,. I 1.0CA'Im IN 'mE ME: 1/4 OF THE N£ 1/4 .' '. OF SECl10N 10, l'NI' 23 N, R 5 E, ,./ .', ,; -w.Y., K1NG co. WASHINGTON NI!IB'".S'·W 1322.29' _, AC, OF NEI/4, NE 1/4-~~l'fllAl'" NE SEC M"~ -... . ,-. ~)f ;;; i z E 1/1 a COli N. II~b ,~ I ", ~ ~ ! 1'" i~ ,0 " ., i ill! ~ ~ ~ " i II I Z -l -, ! 0 a.. ;!fii 3 -I..... ..;.. ! , f-J: _. -.if ~ I Zf-Vl ~ . I!bl' ~ @I ! I .. ( ~ .. ' .. w« ~ ;ill ! "'I! " r a:.. ,,~ 0 ! !; b~! 0:::-1 0 " .. , -! Ii ii'~~ ..:...~ ~ ~ I',' , , , u..CL ~ ! I ~ u! ~:;~I : Q "',. • '" !Ii II )1 Of-r-... • illjl I i §' • >-0::: 1', ~ ~:.: i~ 'I f-o «I ' .' , g , ~I ~I • ! ',~ ~ n H _:1: :;:) , !;IIII . ~ UU'J -l I " ... z ',:;'.-.-: --_. - • .. ,. .' ;, •• "'L-~Io.o' __ ""~- 1. 2. 3. 4. s. oeCLARATION OF COVENANT by lUng County of an the p~op.rty described , property ":owneC:II',' on-site below, ho<obY.;, . J/We, tho grantor herein, is/are the owner in fe. simple of (an -"ntereBt in) praperty· lIithin"7.King''':; . County, which follows (legal description) : . V. ~ P. " ~ 'TO PO~ "1" ftt-G-_ on w ch B res dence designated addre.. of -J~~~~~~~~-G~~:-~~~~ llwe have the on-aito property. requQsted the approval by King county of sewage disposal system for the above described I/Wo recoqnize that when the existing septic system servinq the proposed residence fails, an alternative type of sept1e ~YGtem such as a .. .!JHnd ~11t.er or mound will be roquired to be installed in t e reserve area as a repair to the existing system. ThiS Declaration of Conditions, Covenants and Rectrictionn is binding upon our heiJjB, assignees aud SUcceflGoro in interest as the owners of the ubove- dQ6Cribcd property and is a covenant runnini with the land. This Declaration of Conditions, CovenDD~8 and Restriction. shall not be released without tho expre.sed written approvill of the Seattle-King county Deportment of Public Jlealth or its succansor. OWner tBIg-nature, On this ~ay of ~ , 19Q1, before me per- sonally appeared :~i!.~~~~~~~~~~~~;;~;;~~~~~~~ to me known to be tie I nd1v duals of tho corporatJonJ dcsr.ribad hore1n and who executed the foregoing instruln[:onL DS thoir free and voluntary act and deed for the uucn arid purposes herein mentioned. QC~day residing FILING: Department of Rccordo Room 311 -king cuunty IhJmiQ Illdg Fourth and James Seattle, Washington ~HI04 ... 0 _~6?~Ej,~~4¥<~1?,~~f.1i ,iqi1dlftSW\' , G> dtJ· " ,',! , :j , = '" '" l- f! ~ !:l t: ~ 0 0; 0 O'l • ....• Y:,. ! -. ; ,,,'., o - KING COUNTY WATER DISTRICT NO. 90 KING COUNTY. WASHINGTON " .. AGREEMEN'r FOR TEMPORARY WATER SERVICE ~ THEUNOERSIGNEO ... _. S_U __ <;;.. ...... __ .".vV __ .1'_I(~ . .:": .. s._ .. ".'-"f"4'..~ __ s.G 1/.:' ..... ~ (husband and wile), owners 01 thelolfowlng described real properly In King Counly. Washington, 10 wit: (Insert lel.l~ description,. fI-;T; ch ~ J )i r" j f§ ~ :;: :"\J ~ '-~ ~ ,.. 8 For and In contllderolion 01 King County Water District No. 90, King County. Washington. hereinafter called Dis'rlc granting permission 10 connect a private temporary IIna to said properly, does hereby agree as follows: 1. USES: Waler Servlctf sholl bo for one single family home. 2. EASEMENTS: The Owner shall oblaln from others 01 his sale cosl, all eDsoments which may be necossor for the Installailon 01 the temporary service line; and It required by tho District as part or the consideration tor sai' permission, the undersigned shall grant Bnd convey to the District easements over, through. under and across tho above described property forwalermolns Dnd appurlenoncesfor the Implementation 01 the comprehensive plan or It' the Improvement 01 the water supply of the system of the Dlslrlct. 3. COSTS: The undorsignod ogroo 10 pay the following costs: .J~S_ ~ G> a) meter and service inslallalion charge S -, - b) general foclilly charge S I Dt:1 D t! c) special temporary service charge S i-;! DO, ., C. t:::t:>j(<I~ 3.6--:;a.~ 1.3.-, . .,",(16.0 -I;1.1;l.30,S'~ These charges must be paid prior to Ihe Dlstrlcl providing any service. (lnslallallon ot meter, et celera) 4. TERM -LENGTH· OF AGREEMENT: This temporary service agreement, and tho temporary servlc. providecl hereby, shall terminate al such time as the Olstrlcl has permanent Willer main service Bvallable for th' prollerty here In question; PROVIDED, that the undersigned shall be entitled to Ihlrty (30) days' nollce of th' termination 01 said agreement. 5. PERMANENT WATER MAIN: AI such time as the District has available to the underslgnecl's property. wale service Irom a permanent main. the undersigned shall connect to said main; and 01 such lime, pay to the District thf prornta cosl of said moln which Is properly allocated 10 his property and shaillurther pay the cosl 01 moving the me Ie frolll Its orlglnallocallon to connect to the new water main. together with the cost of connection, Ills agreed an' understood that the cos, of such future main &hgllJ.rlclude the InstallaUon and construction expense or said maln,lh' Olslticl's administrative overhead charge 01 ~,4i_}*, the engineering and legol expenses atlrlbuted to such mal construcllon; pursuant 10 Resolution No. 262. Rosolullon No. 352 and Resolution No. 357. 6. ACKNOWLEDGEMENT OF FIRE PROTECTION PROVISIONS: Thot attached herelo is an acknowl edgemont by the owner-appllcDnt that the temporary water service may nol be consistent with Ihe King Cou,nty Fire Code Ordinances In providing adequote INater flolN 'or fire protection . • ,. TERMINATION: :r this agreement i8 nol fulfilled by Ihe underslgnad within nlnelv(90) days from the date C' its execution, then the Agreemont sholl become null and void Dnd the application 'ee, 10 be distinguished trom Ihl costs provided for In paragraph 3 above, shall bocome the proporty of the District and all rights of Iho owner andlo undmslgned sholl be terminated, \ '.,1 .. ~ .. , I '" #.. 'tI . .\ .. ( _____ O ____________________________________ ~~-G-,-.~.~~--------------~\-\~;~;'~i_.~~~'~, __ :;·····'.-.1 ~ i!: :; _!l! =-!il!o B-ow ~5 =!!:!, ~t:: o - , .. '8. TITLE-PARTIES BOUND BY THIS AGREEMENT: This agreement shall be a covenant running with the land and shall be binding upon the undersigned. any and all successors In In teresi, heirs, personal represenlallvef assluns. rentors, and lessors, IN WITNESS WI-tEAEOF the parties hove executed this agreement the ___ . J __ . _._day 01 AI" u ~ , t90!!/ ~e e~1"-tUaM"f.<J ) OWNEP KING COU TV WATER DISTRICT NO. 90 By -DISTRICT STATE OF WASHINGTON) s. County of King On thl. day pe,.onally appeared belo'e ma_7'S~t.J~,,"~L::..:L=-:.::<:c.:""'::.c:_---,,--,!J/t/~~.:..4~!:e=-:/l~v:,..::~=--,5.s!.,-_ 10 me known to be the Indlvldualls) described In and who executed the toregolng Instrumont and acknowledge, thBt.~slgn8d same as~tree and voluntary act and deed tor the uses and purposes therein mentioned GWEN under my hand and ollleial seal this _--L--"g~_""cz-:::2:s'«'-';iI'-::"'7r"-----190j I ~. NOTARY PUBLIC In and lor t .,.... ,esldlng at ~~J.i! se- r- N STATE OF WASHINGTON) •• County ot King ) G;J II! t is,('" ~ """ +-l7i 0 N"'.s 7> s -On this day personally appeared before me ------:;-;:~"'"":;;::C+.""" :;:;;:.:;;:""';:c""~~=~~:-: to me known to be the PrGBldent and Secretary respectively 0' KING COUNTY WATER DISTRICT 90. anc acknowledged that thay were authorized to execute the within Instrument on the District's behalf, that they execuh same 8S their free and voluntary act and deed for the U989 and purposes therein mentioned. IVEN under my hand and alllesl saal this 19 day ot /l/a v 190.2" /0a...,,;/dC/{.L. . NOTARY PUBLIC In Dnd.((fr the Slate or Washington. residing at /9"" SiT (3 f: ,I"""?t..-te,,-,-""".N, lONG COUNTY WAtER DIST. 90 15606 S. E. 1281h Slraol Ronton. washington 9B059 \ \ • \ ./ "/ ./ :!l % >- ;i >-g d ~ ~ ( ~ .... ( ~ ( ( ! N ... ~ l"- N 0' o - .. CD r:o,.," :25/. '-I ( r,7' ~~\·-'S~S~'~~~----~7~:3~r.r------__ -, la.,t.II:·-;-::5Q! - I I , i , o ..9 ICING COUNTY WAlEn DISr. ~ lG6C» S. E, 128111 Slleot Ran""', WQ.hlroll1On _ \ , \ <l ~ \ " ... "" ; '"7 Do ~ot Writ~ Belo~ This L1ne 4 ...... bowldftry I1no odjullt .. ont zooquollt: Thh t- - h"':'~·. \. r ',' ; .. ~~ ' .. :,. ';' ; '. Qualitlos tor an exa~ptJon undar Section IV.2G.030(F) of tbo KIn; county Subdlvillign Codo and S'llllctloll 51.17 at t.ho Rov.had CDd. of "aabington. It. doa. not oon.tituta an ".""ranCa that tbe nawly confIgured 10tCa' Dan 1 b. bull t or aubdividod In tho futuro. . ... ... . .. " 10 :::~,:.,. i~i4;'#))::ir,s') .;.. "',, Ii\} \ ~. ~ ~ e i ~~ <> try. Lt') -.D ~ CO") AFTER RECORDING RETURN TOt ESCROW ADVANTAGE INC 1~411 ME 124TH ST #171 -:: KIRKLAND WA 98034 . REI L93-193 o - ROAR Ml\JNTmfANgI AGBmpmtT Tbill agreemont: entered into this 1 ~ay of Wet?? &, / . by l(.!Anal.. ~.-4',;) p<"operty eimer, whOSB ad~ .. aO 10 f't'M.9 6, e, IIt:,fI<.1;t: PMi'm LEGAL,The S 30ft of the HB" of Sec:t1oQ IO,Township 23 HI RaaBe S B. ',' .. t •• HOB Count)' I Wash. EXCEPT chat partioa in .148th A., S8. Contains an area of 38.~3.2 Sq Ft. or 0.89 Acres, MiL. RiV SE 116th St. The party hereto agrees as tolloWSI N· To assume respons1b1l1ty for the maintenanae and 'ropair ~or tho rcad dQQoribod above. The coot of any Cluck c.pauB OZ' ,maintenance to be borne equally between all parties having aceeoo and UDO ot said road for~urpoQoo o~ l~.~m and agresD. CO") 0" Tho parUea agioe. that tile road allall be 'maintained 1n ita present atate, and the above party shall have an 01>1198t1on' . to maintain the road 1n its present oondition So Ehat ,aooese may bo frooly had to aach prop.rty owner on tha Bu1>jaot . road. In the evant that any PBrty desire", to j~OVB the rOBd to an oxtant qreator than ~t. prf~nt.conaition. DUch improvements 1Il\la't; be agreed upon in advanoe, if tho expenoa ill to be Bhared by any other party. . . . Th1s maintenance agreement relates to tlte a1>D~ 4~aCr1bed property and is· binding upon th'~ party horeto, ',laia haira, succeoooZ'o and assigno 1n parpituity. '. :In wlt1\.i:a8 whereof', J: hllve ai·~J..xed my a:l.9ftIltuJ:e'tliio dBy .... ~& year as noted above. sworn beforo mo thio orttJ~ ~ i '" ·8 ~ i ~ : ~. .J. i Ii! iii ~ o - ROAP MaINTENANCE AGBJUOO;H'r This .. greell\ .. n~ntared into this fl<iJ day o~ peC; by ~.,t..1)i,.J, '~.><? p~operty oWn8Z'. "hoaa add~.s" iJ//iPB:::'?'£IIG l7< :f!Z- UGAL:'l1Ie S 30ft of the NB i of Seetion lO,Tovnshlp 23 N, Renae 5 B, ','. -' .. Una CoUDt)'. Waah. EXCEPT that portioD 1n .148th A., S8. Contain. an area of 38.~03.2 Sq,Ft, or 0.89 Acre., MfL. atw sa 116th St. The pa~ty be~eto agrees aa follows. To asaume responeibility for the maintenance an4 'repair for tho roa4 dDDo~ibod above. The oost of any ~uch ~Qpa1rs or ,lIIBintenanos to be berne 'equally between all parties IlaVing acceoe and usa of sa14 road for~urpooQg of ingress and 8gzo000. Tho partiDB a~Qe that the' !l:'oad Bha11 be 'aa1nt:alnod in ita pr ...... t state. and the above party shal.l bave en obl1qation' , to maintain the road in ttll present condition so 1!hat ,aooe". lIlay bo ~roo1y bael 'to oe.c;:.1;l property ownOJ:" on 1:he lIubjaou . . road. Zn the avant that any party deaire0 to imRrove the' , road t.o an oxtent groator than litll pz:e'&\.nt ·c:onaitfiaD,· lIIuoh J.mp.t'ovementa must ba aqt'oed upon in .'avenoe. if the expenoe ia to·be aha~e4 by any other party. ' .. TI!1a .. a1nt .... anoB aqreement rellite,. to the e"""" cSIIs=1~d property and ia. binding' upon tbo party lu:sreto. ',bie hcairo. Su.CC&1I00rD and 81U5II,1Vns in parpituity. '. ~ In witnJs" Wb';reoC, Z have aff-1xod my ,,1o;rnature'th10 day." & year as noted above. sworn before mo this Of({)~ -', " 'l' :. o - BD"P MINTmtANC5 apBlmMEHT This 8vreement entered into thiu ...fHJ:'L -by ~3C" ¥4 e F i"?!': 10 I'(q,"" ..f.t. 114 ·At property oWnGZ'. whosa ad~8B LECALI11le S 30ft of, the HE t of Section 10, Township 23 H, Ranae 5 It ','F "' •• I1ns CountJ' I Wash. EXCEPT that portion in .148th Ay SB. Contains an area of 38.~03.2 Sq Ft. or 0.89 Acres, "fL. Rtv SI 116th St. The party I1 .. r .. to Ilqr .. BB as tollows. To aaouma responsibility for tile maintenanae and r.pair for tho rosd deoaribod "bove. The eest of any ."ah ""pain! OJ: .maintenance to be borne equally between all partl~. having aoceDD and uoo of sa14 road for~urpomQa o~ In~.sm and II.gzoODO. ThO parties agree that the road. shall bo 'maintainod. 1ft lta Pt"oaent atate. and the above parey Bha,~l bave en obl.lgat1on' . to malnbaln 'the road in its present cond.t.t:1on so. tha.t .;aoCl,s£! may bo frooly had to aac;.'" proporty owner' on 1:lIa mub:l .. * . road. In the event that any party desires to illP.t'Ove the' . roe4 to an oxtont 9roatgr than 1ts pr~"nt·eonai~ion" suab improvements must be aq~eed upo"ii in a'd:vanoe, 1f the expanoa j,s to be shared by any other party. . . • 'l'I)is llaintansnoe ao;rre ...... nt rellite .. to !:be abo~ c!iiac:rlbell Proporty and ia· bindln9 upon th'o porty h ..... to, ',1010 halrD, BUQQOODOZ'D and aSGi..,ns in PGrp.:l.tuity.. . l:n ,,11:11'118 whereot, I Iiave 8.!'r.ixod my dvnature't:bio lIay~& yea~ as notQd abovo. SWO:nl bo2oro 11.0 thia orttJ~ . ':.'. , :-' o - ROAD MAINTENANCE AGBIIMJHT Th1~re""o3t J'n~ th1".. e'" . day 01: pec.e..,BER by .L.L1."C=:>=~ <:....~ propert.y owner, whose address ..... 10 ,r.JiJ.8 Se. lit.'" Sr . ~IThe S 30ft of the HE t of Section IO,Township 23 N, Range 3 E, Iins County. Wash. EXCEPT that portion in ,148th AT SE. Contains an area of 38.~03.2 Sq Ft, or 0.89 Acres, HtL. RtW S8 116th St. The party hereto agrees as follows I 'TO ameuma responsibility for the mAintenance and 'repair ror tho road dQDcribad abovo. Tho COBt of any ouch repaira or maintenance to be borne equally between all part~aa having accoaa and uoe of sai4 road rOI" "'purposoQ Qf ln~Qm and aCjfZ'oI30. Tbo part~oG aqree that the road ahall bo "maintainod in Ltc p~eaent atate, and the above party shall bava an obl19at1oft . tc maintain the road in tts preBent conditicn so that.acceDs may bo froelY had to each prop~rty own ... cn the oUbjaat . roa4. In tbe event that any party desire. to i.~oye the r~ad to an Qxtant 9raator than ·1t. prf~8nt aonalt1on, muoh improvements must be aQzoeed upon. in aClvonoe, if the expanOB iD to be shared by any other party. . .' . This maintenanoe aqreement relateB to the B~~ d"crlbed prcperty and is· bindinq upon th· .. party heretc, ·.bi .. hairD, SUCCCOQors and ••• iqn. in parpituity. .. xn v1tn'aa wneceot. X have aif~xod ay Biqnature'thio d&y~, year aa noted above. Sworn be~oro .a this or· . 'f'" .-1, - o - DEC-B?-199l 12128 FR[J1 TYEE I'IRTGFIGE TO 12062719796 P • 0IitJ.I0Iia3 In ...0 ...,. M N M .,... ROAR HAXNTgNANgl AQRBgMEHT this l!~ day of oec LEGAL a The S 30ft of the HE i of Section 10, Tovnah:1p 23 H. RanlG 5 E, E.ina Count,. Wash. EXCEPT that portion in .148th Ay SEe Contains an area of 38,~3.2 Sq Ft. or 0.89 Acros, H/L. R/W SE 116th St • The party hereto o~eeB SB folloWBI To assuaa r •• ponaib11ity tor the maintanance and 'repair for tho road dQDOribod above. The cost ot an~ such ~.pairQ or maintenanoe to be borne equally between all parties having BeC08D and UUO of sa14 road for'~urpoaoG of ingress and 891"000. Tho parti.. aqroe that tho road aha11 be aalntalnad in its p~esant state. Bnd the above pal"ty shall heve a" Obligation to maintain the road in ita present oondition SO tbet ·aooea8 may be frooly had to a.cb proporty owner on the gQbjeat rosd. Xn tho ovont that any pal"ty dos1rolll to Improve the' . road to an extont qr'oatQr than 1ita prp.,ant:· cronc1ition,' Gluch ~=provements must be agreed upon in advance. if the expenoe ia to be shared by any other party. ' Th1s maintenanoe agreement relates to the a~~ described property and is. binciinq upon th'. p~y hlR'etQ •. bio hoi.zoEJ, sucaomot3"Q and .aaignD in parpit:uity. '. :In w:ltnoaB Wherao~. J: have ait.:lxoc.t my oivnat:uZ'O year as nated abovo. Sworn be~ore mo this ot«J~ r .~. J. ',' o - Roap M&XNT.BNANSI AQBJliJDfEN'l: 'l'hJ,a B9Z"eemen't ant-uree! into thia 8-rJs. day o~ .. 7J,?.c;,.... .. by dr, @;..,..) LiJ..z.+ t2T q a) pr:operty oimer, whos. addz'eaB 10 etMQ .sp' /1(" ...s:t, LEGAL I 'lbe S 30ft of the HS t of Section 10. Township 23 N, Ranae .5 B,' '.0: .' ... Una Count,.. Wash. EXCEPT \:hat portio .. in .148tb Ay 58. CoDtaUul an area of 38.~3.2 Sq Pt, or 0.89 Acree, KtL. R1W SI 116th St. Th. party hereto agrees 5S tollows I To asmwa.e responsibility for tho maint.nanGa and. 'zoopair 'for ',' tho road dQooribmd above. Th" ooat of any <\uah repair .. or ,maintenance to be bome equally bstwssn all pa .. t1es having aOCODO an4 UDO of oa14 road tor'~urpoaQo of ln~oG and agroeD. Tho parties aqraA that the road aha~l be 'aa1n1:alnod in .ltc prs.ent .tats, and the abovs party sha,ll have an Ob119, ation' , to mainta1n the road in its present condition So that·access may bo frooly had to oae,\'I proporty ownar' on the DIIb:!o .. t ' , road. tn the svant that any party dssireD to f~va the' , road to an oxtont "","oator than 'its pri!l\l>nt, conilitlon,' auah improvements must be ag~eed upon in a~vanae, if tho axpanoe J.8 to :be shared by any ot:hor party. . . • This ma1ntenana. agreement rel.~e.. to the abo'lll' dtiscriiHocs property and ia.bindin9 upon tho party horato,'hio haire, Duccomaoro end amaigna in PGrpi~u1ty. '. %n wltn~aa wha~aot, X have al~~xod my Dlgnatuze'~18 d.r~~ yea~ aa noted above. sworn bDfo~. mo thio orfL}~ ,f"" .... ~ , 20060916000746.001 Return Address: . City. Clexk'8 Office r-IIOIIIIIIIIIIIII 20050915000745 sm~ INI2I! ORO 8 ... e ~"I~~~5~r . City of Renton 1055 s. Grady Way Renton WA 98055 Please prlDI or type In(orntatioD WASHINGTON STATE REC01IDER'S C Sh over eet (RCW 65.04) Document Tltle(s) (or transactions contaiaed therein): (.n ",as applicable to your docum.nt!!l!!!1 be nUed in) r. Ordin!i!ns;;~ NQI 5147 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional referenco #'s On page __ of document Grantor(s) (Last name, fIrSt name, initials) l. Cft~ 9£ Be:ctoD , 2. , Additional names on page __ of document. Grantee(s) (Last name ftrs~ then fIrSt name and initials) I. , 2. , Additional names on page __ of document. - Legal description (abbreviated: i.e. lo~ bloclc, plat or section, township, range) ~hat· ggx:tiQD oaf the east balf !l L21 of tbe Ncz:::tbeast .quarter of Section 10, Township 23 N"rth, Range Additionalleg~l is on page ---E-of document. Assessor's Property Tax ParcellAccount Number' o Assessor Tax # not yet assigaed JQ23059390 and o:tblS!l:Z::s ; The AudiforJR.eco((ier will rely on the infonnation provided on the Conn. The staffwiQ not rqad the document to. verify the accuracy or cO,mpleteness of the indeJCiJlLirifonnation urovided herein. ; .. , I am requestmg an emergency nonstandard recordmg for an additional fee as proVIded m RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure so!Ue part of the text of the original document. i ____________ -:-___ ~---S!gnature of Requesting Party CITY OF RENTON, W ASIDNGTON ORDINANCE NO. 5147 AN ORDINANCE OF .THE CITY or RENTON, WASHINGTON ANNEXING CERTAIN·,TERRlTORY OF THE CITY OF RENTON (WEDGEWOOD LANE ANNEXATION; FILE NO; A-04-OOS) 20060916000746.002 WHEREAS, under the provisions ofRCW 35A 14,,120 as amended, a petition In writing requesting that certain tenitOIY contiguous to tbe'City of Renton, as deBa'ibed below, be annexed to tbe City of Renton, was presented and filed wItb the City Clerk on or about January 18, 2005; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to commence such proceedings as provided by law, as more particularly specified in RCW 3SAI4.120, and upon public hearing thereon, it having been determined and tbe petitioning owners having agreed to assume their fair share of the ~ outshmding indebtedness oftbe City of Renton as it pertains to tbe territory petitioned to be 1II\I1DXed; and to accept that portion of !be City's Comprehensive Plan as it pertains to the tenitOIY including tbe applicable Zoning Code relating thereto; and WHEREAS, the King County l>epartDIent of Assessments has examined and verified on or about Febmal)' 4, 2QOS tbe signatures on the petition for annexation and determined signatures represent at least sixty percent (60%) oftbe assessed value (excluding streets) oftbe area to be annexed, as provided by law; and, "" CE~IFI~TE .. " R r· ". I the undersIgned City Clerk of the .... ~ oJ.·· .... "!( 0: City of Renton. Washington, certify . l !::of'·.'\-", that this is a true and correct cop~ of : "': '-\~. {£liM"" No.51'17 . Subscnbed , ~ Ia> \S t. ~ j ~ and ~Is~day of i1:; ,20Q£ ~.~... • 0",,' ~dA'J. Wof_ ~;<: '~I -'. 0 •••• Ity Clerk '<,,~ ." ...... ~(. ... ,' C ~.I,;,:: .. ;:::~ "''tf1 ", . 20050915000745.003 . ORDlNANCENO. 5147 WHEREAS, the Economic Development, Neighborhoods and Strategic Planning Department of the City of Renton having considered and recommended the annexing of said property to the City of Renton; and WHEREAS, the City Council fixed March 14,2005, as the time and place for public hearing in the City COIIIICiI Chambers, City Hall, Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WHEREAS, pursuant to said notices, public hearings have been held at the time and place specified in the notices, and the CounclI having considered all matters in connection witb the petition and further detennined that all legal requirements . and procedures of the law applicable to the petition method for annexation have been met; and WHEREAS, the King County Boundary Review Board having deemed the "Notice of Intention" approved as of May 17, 2005; and WHEREAS, the City of Renton is concurrently zoning the annexation site R-4, four units per net acre; NOW, TJIEREFORE, THE CITY COUNCIL OF THE CllY OF RENTON, WASHINGTON,DOES ORDAIN AS FOlLOWS: SJ!jCDQN L The findings, recitals, and determioatiOJIJ are hereby found to he true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisioJlJ ofRCW 35A.14.120, 130, 140 and 150, have been met. It is further determined that the petition for annexation to the City of Renton of the property and territory desci:ibed below is bereby approved and granted; the fullowing described property being contiguous to the City limits of the City of Renton is hereby annexed to the City of 2 20060916000746.004 ORDINANCE NO. 5147 Renton, and such annexation to be effective on and after the approval, passage, and publication of thls Ordinance; and on and after said date the property shall constitute a pan of the City of Renton and sha1l be subject to all its laws and ordinances then and thereafter in force and' effect; the property beIng described as follows: See Exhibits « A" and "B~ attadled hereto and made a part hereof as if fully set forth hereiD [Sai~ property; lIPID'OXimateIy 35.68 acres in area, is generally ~ed east of 144 Avenue SEhencho AV!!IIue NE, if eldended, and west of 148 AvenuelN"lI~ Avenue NE, north of SE 111" Street, and west of Honey Creek, south of SE 111" S1reet, if extended.] and the owners of the property within the annexation shall assume their fair share of the . outstanding indebtedness of the City of Renton as prescribed in RCW 3SA14.120 as it pertains to the property, and the property shall be subject to the City's Comprehensive Plsn and Zoning Code. SECI1QNB. This Ordinance shalt be etFective upon its passage, approval. and five days ~er its publication. A certified copy of Ibis Ordinance shall be filed with the King County Council, Stare of Washington, and as otherwise provided by law. PAssEDBYTIJEcriYCOUNClLthls 27th dayof __ .U,JT1WlD,Lte=--__ -->, 2005. Bonnie I. Walton, City Clerk 3 20060916000746.006 ORDINANCE NO. 5147 APPROVED BY TIm MAYOR this 27th day of __ ""J",un:!:e"--___ ..J. 2005. Approved as to form: ;r~aw.4v~·- Lawrence 1. Warren, City Attorney Date of Publication: 7/1/2005 (summary) ORD.1191:610610S:ma 4 •••••• ~~~ Q "1 .,'. ~'" ............. : . .' ,.,.... -' ..... Q: • " .. :,,<t' :. "-~ '~:":C" o. : '. '. C/' ' " i"',",..... J •••...... /;; ......... ,c:' o ~r(\~' .... ................... I , ORDINANCE NO. 5147 ·D" Wedg_wood Lane Annexation o I Figure 3: ExIst1ng Structure Map V ExISIIng SIIU:\U!9 _ _ Renton City Umlls 400 : 20060916000746.006 Exhibit A_ 800 I 1: 4800 f). economic Developmcn~ Neighborhoods &; SII'O'egic Planning + :Am. Alex Picllch. Admjnistmor ~ O. Del Rosado Nor. AMeufll;vt boIIICiItY may dJItr m d/IgIIm. 8 October 2004 Alllse _. ~ for oca..t b:IuOOIIy. IIIIIIiI Proposed Annexation Area ; , " ORDINANCE NO, 5147 Exhibit B WEDGEWOOD LANE ANNEXATION LEGAL DESCRIPTION 200509150007~5,007 That portion of the east half (112) of the Northeast quarter of Section 10, Township 23 North, Range 5 East, W.M., King County, Washington,lying southerly of the south line of the plat of Honey Creek Estates, as recorded in Vo.lume 63 of Plats, Pages 30 and 31, records of King County, Washington, and the westerly and easterly extensions thereof, and lying northerly of the north line of the south 990 feet of said Northeast quarter of Section 10; EXCEPT the east 30 feet thereoftor County Road (148th Avenue SE); TOGETHER WITH Lot C of King County Boundary Line Adjustment No. L04LOO55, as recorded in Volume 180 of Surveys, Pages 222 and 223, under King County Recording No. 20041223900001, in the east half (112) of said Section 10. ;' . : ; , ReCilRllng -req-uiisiid bY: lsI' When recorded rerum to. Custom Recording Solub~n. 2550 N. Redhllf Ave. Santa Ane, CA. 92705 800-756-3524 ext. 5011 .)4 $,'1 \ Assessor's Parcel or Account Number 102305938205 AbbrevIated Legal Descnpuon "HI 11"' INTia-c. N'~ "fl:, Sf.d'll TWI'~3 N 1I£?51r ",.M. .~ (Include lot, block and pial or ~ecuon. lownship and ran,c) Full legal descnptlon located on page ~ I {P Trustee H AND L SERVICBS, INC. 20030711000408.001 -----------18""00 Above 'ibis LuIe .or RotOI'dm& nala]----------- DEED OF TRUST DEFINITIONS Words used m muillple sectIOns of thIS document are defined below and other word. are defined m SecIlOns 3, Ii, 13, 18,20 and 21 Cenam rules regardmg the usage of words used m thiS document are also provided In Section 16 (A) "Security Instrument" means thiS document, which IS datedJUNB Ol~ 2003 together With all Riders to thIS document (B) "Borrower" IS SUBLLBN' WARNKS, A SINaLB PBllBON Bonower 15 the trustor under thtS Security Instrument (e) "Lender" IS WELLS PARGO HOMB KORTGAGB, INC. 0026422626 WASHINGTON,S,ngle Famlly·Fannia Mae/Freddie Mac UNIFORM INSTRUMENT ~.BtWAI 100121 Page 1 of 15 VMP MORTGAGE FORMS 18001521·7291 Form 3048 1/01 20030711000408.002 Lender IS a CORPORATION orgamzed and eXlstmg under the laws of TUB STATB OP CALlFOIUnA Lender's address IS p.o. BOX 10304, DBS MOINES, IA 503060304 Lender IS the beneficiary under this Secunty Instrument (D) "Trustee" IS H AND L SBRVICBS, :INC. 1111 3RD AVENUB, SUZTB 3400, SBATTLB, WA 98101 (E) "Note" means the prorrussory nOie signed by Borrower and datedJUNB 01, 2003 The Note states thai Borrower owes Lender SEVEN'l'Y ONE THOUSAND SEVEN H1JNDRBD B:tGHTY AND 00/100 Dollan (U S $ ·****71, 780.00 ) plus mterest Borrower has promised to pay thiS debt In regular Penodlc Payments and to pay the debt to full not later than JUNB 01, 2018 (F) "Property" means the property that IS descnbed below under the headmg "Transfer of RIghts to the Property" (G) "Loan" means the deb, eVIdenced by the Note, plus toterest, any prepayment charges and late charges due under the Note, and all sums due under thIs Secunty Instrument. plus mterest (H) "Riden" means all Riders 10 chis Security Instrument that are executed by Borrower The followmg RIders are to be executed by Borrower [check box as apphcable) § Adjustable Rate Rtder § CondommlUm RIder § Second Home RIder Balloon Rider Planned Umt Development RIder 1-4 Fanuly RIder VA RIder BIweekly Payment RIder Other(s) [Specify] (I) "Appltcable Law" means all controlltng apphcable federal, state and local statutes, regulallons, ordmances and adnurustrallve rules and orders (thaI have the effect of law) as well as all apphcable final, non-appealable JudiCial OPlnJOns (J) "Community Association Dues, Fees. and Assessments" means all dues, fees, assessments and other charges that are unposed on Borrower or the Property by a condOmtruum assoclalJon. homeowners assoClaUon or Similar orgamzauon (K) "EI«b"oDlc Funds TraDsrer" means any transfer of funds, other than a transaction ongmated by -chec~ draft, or smular paper mstrument, which IS IDItlated through an electromc temunal, telepbomc Instrument. computer, or magnetIc tape so as to order, Instruct, or authonze a (manelal Insututlon to debit or credit an account Such tenn Includes, but IS nol hmned to. pom1-oC-sale transfers, automated teller machme transactIOns, transfers 100uated by telephone. wire transfers, and automated clearlOghouse transfers (L) "Escrow Items" means those Items that are descnbed m 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 descnbed In Section 5) for (1) damage to, or destruction of, the Property. (ll) condenmanon or other takJng of all or any pan of the Property, (111) conveyance In heu of condemnation. or (IV) I11Jsrepresentations of. or ODllSSIOns as to, the value andlor condItion of the Property (N) "Mortgage lDsurance" means msurance protectmg Lender agaulSt the nonpayment of, or default on, the Loan (0) "Periodic Payment" means the regularly scheduled amount due for (1) principal and mrerest under tbe Note, plus (II) any amounts under Seclton 3 of th,s Securny instnunent ~.IWA) 10012) poge 2 of 16 Form 3048 1/01 COlll1111 12106GR'40 20030711000408.003 (p) "RESPA" means the Real Estate Settlement Procedures Act (12 USC Sectton 2601 et seq) and us ImplementIng regulallon. Regulation X (24 CPR Pan 3500), as they mIght be amended from time to hme, or any additional or successor legislatIon or regulallon that governs the same subject matter As used Ifl thtS Secunty Instrument, "RESPA" refers to all requtrements and restflctlons that are tmposed 10 regard to a "federally related mongage loan" even If the Loan does not qualIfy as a "federally related mongage loan' under RESPA (Q) "Successor In Interes! or BOJTOwer" means any pany that has taken title to the Property, whether or not that pany has assumed Borrower's obltgattons under the Note and/or thIS Secunty Instrument TRANSFER OF RIGHTS IN THE PROPERTY TIlls Security Instrument secures to lender (I) the repayment of the Loan, and all renewals, extensions and modlflcauons of the Note, and (11) the perfonnance of Borrower's covenanlS and agreements under thiS Security Instrument and the Note For thiS purpose, Borrower Irrevocsbly grants and conveys to Trustee, 10 trust, WIth power of sale,. the followmg descnbed property located 10 the COUNTY of KXNQ (Typo or Rc.c:ordllll JunsdK:llOn) (Name of RC(..()rdm, JunsdlCnon) Bee BXhib1t A attaohed hereto TAX PARCBL NDMBBR.102305938205 TAX STATBMBNTB BH01l1ol) 8B BBNT TO. WBLLB PARaD HOMB MORTQAQB, XNC, , P,O, BOX 10304. DBS MOXNBS, XA 503060304 ParoeI ID Number 102305938205 14600 SB 116TH ST RBNTON ("Property Address") wh.ch currently has the address of IS""I ICuYI ,Washmgton 98059 IZopCodel TOGETHER WITH all tbe unprovements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pan of the property All replacements and additiOns shall also be covered by thiS Sccunty Instrument All of the foregomg IS referred to In tius Secunty Instrument as the "Property " BORROWER COVENANTS that Borrower IS lawfully setsed of the estate hereby conveyed and has the right to grant and convey the Properry and that the Property IS unencumbered, except for encumbrances of record Borrower warrants and Will defend generally the ttde to the Property agatnst all ciatms and demands, SUbject to any encumbrances of record THIS SECURITY INSTRUMENT combmes umform covenants for nattonal use and non·umforrn covenants WIth honled variations by JurlsdlCtlOn to constitute a umfonn secunty Instrument covenng real property ~e(WAl (00121 Page 3 of 115 Form 3048 1/01 C01l5118 12toaGR1'D 20030711000408.004 UNIFORM COVENANTS Borrower and Lender covenant and agtee as follows 1. Payment or PrIncipal, Interest, Escrow Items, Pl'epaymenl Charges, and Late Charges. Borrower shall pay when due the prmclpaJ of. and mterest on, the debt evidenced by the Note and any prepayment charges and latc charges due under the Note Borrower shall also pay funds for Escrow ltems pursuant to Section 3 Payments due under the Note and this Secunty Instrument shall be made In U S currency However, If any check Of other Instrument receiVed by Lender as payment under the Note or this Secunty Instrument IS returned to Lender unpaid. Lender may reqUire that any or all subsequent payments due under the Note and this Secunty Instrument be made In 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 lS drawn upon an mSII1UtiOn whose deposit' are msured by a federal agency, Instrumentahty, or entIty. or Cd) E1ectronIC Funds Transfer Payments are deemed receiVed by Lender when recelVed at the location designated m the Note or at such other locanon as may be desIgnated by Lender m accordance with the notice proViSions m Secuon 15 Lender may return any payment or partial payment If the payment or pama] payments are insuffiCient to brmg the Loan current Lender may accept any paymeIU or partial payment insufficIent to brmg the Loan current, WIthout waIVer of any nghls hereunder or prejudice to Its rights to refuse such payment or panlal payments In the future, but Lender IS not obhgated to apply such payments at the time such payments are accepted If each Pertodlc Payment IS apphed as of Its scheduled due date, then Lender need not pay mterest on unapphed funds Leoder may hold such unapphed funds until Borrower make. payment to bnng the Loan current If Borrower does not do so wldun a reasonable penod of lime. Lender shalJ euher apply such funds or return them to Borrower If not apphed earher, such funds will be apphed to the outstandmg pnnclpal balance under the Note Immediately pnor [0 foreclosure No offseE or chum which Borrower ought have now or m the future agamst Lender shall relIeve Borrower from maJong payments due under the Noto and thiS Secunty Instrument or perfonrung the covenants and agreements secured by thIS Secunty Instrument 2. Application of Payments or Proceeds. Except as otherwtse descnbed In thiS Secllon 2, all payments accepted and apphed by Lender shall be apphed tn the followtng order of pnonty. <a) tnterest due under the Note, (b) pnnclpaJ due under the Note, (c) amounts due under Section 3 Such payments shall be applied to each Periodic Payment m the order In which It became due Any lernamlng amounts shall be apphed first to late charges, secood to any other amounts due uoder thiS SecUrtty Instrument, and then to reduce the pnnclpal balance of the Note I( Lender receIves a payment from Borrower for a delinquent Periodic Payment which mc1udes a suffiCient amount to pay any late charge due. the payment may be appbed to the dehnquent payment and the late charge If more than one Penodlc Payment IS outstandmg, Lender may apply any payment received from Borrower to the repayment of the Peno(hc Payments If. and to the extent that. each payment can be paid In full To the extent that any excess exists after the payment IS apphed to the full payment of one or more Pertodlc Payments, such excess may be apphed to any late charges due Voluntary prepayments shall be apphed first to any prepayment charges and then as descnbed m the Note Any apphcatIon of payments. Insurance proceeds. or Miscellaneous Proceeds to pnncIpal due under the Note shall not extand or postpone the due date, or change the amount, of the Penod)( Paymerus 3. hnda for Escrow Items. Borrower shall pay to Lender on the day Penodlc Payments are due under the Note, until the Note IS patd m full, a sum (the "Funds") to proVtde for payment of amounts due for (a) taxes and assessments and other nems which can attam pnonty over thiS Secunty Instrument as a hen or cncumbtllllCe on the Property, (b) leasehold payment. or ground rents on the P1openy, tf any, (c) prerruums for any and all Insurance reqUired by Lender uoder Section S, and (d) Mortgage Insurance prerruums, If any, or any sums payable by Borrower to Lender In heu of the payment of Mortgage Insurance prerruwns In accordance with the proVISions of Section 10 These Items are called -Escrow Items 11 At ongmatlon or at any time dunng the tenn of the Loan. Lender may requIre that Community .... tWA) (0012) .. Page 4 of 15 Form 3048 1101 C018118 121oeGR140 20030711000408.006 ASSOCiation Dues. Fees, and Assessments, If any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow ltem Borrower shall promptly furnish to Lender all nOllces of amounts to be paid under thIS SectIon Borrower shall pay Lender the Funds for Escrow Items unless Lender WaIves Borrower's obhgatlon to pay the Funda for any or all Escrow Items Lender may waIve Borrower's obhgatlon to pay to Lender Funds for any or all Escrow Items at any ttme Any such waIver may only be m wrnmg In the event of such watver, Borrower shall pay dIrectly, when and where payable, the amounts due for any Escrow Items for winch payment of Funds luIS been waIVed by Lender and, If Lender reqwres, shall funush to Lender receipts evldencmg such payment wlthm such hme penod as Lender may require Borrower's obllgatton to make such payments and to proVIde receIpts shall for all purposes be deemed to be a covenant and agreement contamed 10 thiS Secunty Instrument. as the phrase "covenant and agreement" IS used 10 Secuon 9 If Borrower IS obhgaled'to pay Escrow Jterm directly, pursuant to a W81ver. and Borrower fatls to pay the amount due for an Escrow Item. Lender may exercise ItS nghts under Sectlon 9 and pay such amount and Borrower shan then be obhgated under Section 9 to repay to Lender any such amounr: Lender may revoke the waiver as to any or all Escrow Items at any ume by a noUce given m accordance with Section I ~ and, upon such revocation, Borrower shall pay to Lender all Funds, and In such amounrs, thai: are then reqUIred under thiS Section 3 Lender may, at any lime, collect and hold Fund. ID an amount <a) suffiCIent to penrut Lender to apply the Funda at the ume 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 basIS of current data and reasonable estimates of expenditures of future Escrow Items or otherwise m accordaru'e WIth ApplIcable Law The Funds shall be held ID an IIlSlIrullon whose depoSIts are IDsured by • federal agency, mstrumentahty, or entity (lncludmg Lender, If Lender IS an Instltutlon whose deposits rue so msured) or m any Federal Home Loan Bank Lender ,hall apply the Funds to pay the Escrow Items no later than the tune spectfied under RESPA Lender shall not charge Borrower for holdlDg and applymg the Funds, annually analyzmg the escrow account, or verlfymg the Escrow Items. unless Lender pays Borrower mterest on the Funds and Applicable Law penmts Lender to make such a chargo Unless an agreement IS made In wnnng or Applicable Law requlFes mterest to be paid on the Funds. Lender shall not be requlfcd to pay Borrower any Interest or eanungs on the Funds Borrower and Lender can agree 1D WTluog, however, thaI mterest shall be paId on the Funda Lender shall gtve to Borrower, WIthout charge, an annual accountlDg of the Funds as reqwred by RESPA If there IS a aurplus of Funda held m escrow, as defmed under RESPA. Lender shall account to Borrower for the excess funds m accordance WIth RESPA If there IS a shortage of Funds held m escrow, as defmed under RESPA, Lender shall nOllty Borrower as reqUIred by RESPA, and Borrower shall pay to Lender the amount necessary 10 make up the shortage m accordance wtlh RBSPA, but m no more than 12 monthly payments If there 18 a defiCIency of Funds held ID escrow, as defioed under RESPA, Lender shall nOllty Borrower as reqUtred by RESPA, and Borrower shall pay to Lender the amount necessary to make up the defiCIency ID accordance WIth RESPA, but ID no more than 12 monthly payments Upon payment m full of all sums secured by thIS Securny Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4. Charges; LIens. Borrower shall pay all taxes, assessments, charges, fines, and Imposlt1ons attnbutable to the Propeny whlch can attaID pnorlty over thiS Secunty Instrument, leasehold payments or ground rents on the Propeny. If any. and Conunumty ASSOCUltlon Dues, Pees. and Assessments, If any To the extenllhat rhese Items are Escrow Items. Borrower shall pay them m lhe manner provl(led ID Section 3 ~.8'WA' IOO12} Page 5 of 15 Form 3048 1/01 C016116 12108GR140 20030711000408.006 Borrower shall promptly discharge any lien which has pnonty over thiS Security Instrument unless Borrower (8) agrees In wruIng to the payment of the obhgauon secured by the hen In a manner acceptable to Lender, but only so long as Borrower IS perfonrung such agreement, (b) contests thelten In good fatth by. or defends 8g8mst enforcement of the hen In. legal proccedmgs which m Lender's oplDlon operate to prevent the enfon:ement of the Iten whtle those proceedmgs are pendtng, but only untd such proceedIngs are concluded, or (c) secures from the holder of the hen an agreement satisfactory to Lender subordmaung the hen 10 thiS Security Instrument If Lender detenrunes that any pan of the Property IS subject to a hen whtcll can allam priOrity over this Securtty Instrument, Lender may give Borrower a nouce Idenufymg the hen Wlthm 10 days of the date on which that nouce IS given, Borrower shall sausfy the hen or take one or more of the actions set forth above 10 thIS Sec:llon 4 Lender may require Borrower to pay a one·t1me charge for a real estate tax \'cnficallon and/or reponmg service used by Lender In coMeclion with this Loan 5. Property Insurance. Borrower shall keep the Inlprovemenls now eXisting or hereafter erected on the Property Insured agatnst loss by fire, hazards mcluded wttlun the term "extended coverage," and any other hazards Includmg, but not luntted to, earthquakes and floods, for whlcll Lender requires Insurance This Jnsurance shall be malntamed m the amounts (mclwhng deductible levels) and for the periods that Lender reqUires What Lender reqwres pursuaru to the preceding sentences can change durtDg the term of the Loan The ltlSUfance carner provldmg the insurance shall be chosen by Borrower subject to Lender'S nght to dtsapprove Borrower's Choice, which nght shall not be exercISed unreason.lbly Lender may require Bonower to pay. In connection With thiS Loan, either (a) a one-tune charge for flood zone deterrmnauon, ceruficatlon and trackIng serviCes, or (b) a one-tune charge for flood zone detenmnauon and centficatlon servIces and subsequent charges each tIme remappmgs or sumlar changes occur which reasonably nught affect such detcnmnBnon or cenlflC8uon Borrower shall also be responsible for the payment of any rees tmposed by the Federal Emergency Management Ageney m connection with the review of any flood ZOne detennmatlon resulting from an objection by Borrower If Borrower falls to mamtam any of the coverages described above, Lender may obtam Insurance coverage, at Lender's option and Borrower's expense Lender IS under no obhgatlon to purchase any parucular type or amount of coverage Therefore, such coverage shall cover Lender, btlt nught or might not protect Borrower, Borrower's equity m the Property, or the contents of the Propeny. agamst any risk, hazard or habdny and rmght proVide greater or lesser coverage than was preViously In effect Borrower acknowledges that the cost of the msurance coverage so obtamed might slgmflcantly exceed the cost of msurance that Borrower could have oblamed Any atnOunts dISbursed by Lender under tblS Sectton 5 shall become additional debt of Borrower secured by tins SecUrIty lnstrument These atnOunts shall bear Interest at the Note rate from the date or dISbursement and sball be payable, WIth sucll Interest, upon notice from Lender to Borrower requestmg payment All msurance poltele. reqwred by Lender and renewals or such polteles sball be subject to Lender's nght to dISapprove such poltCtes, shall melude a standatd mortgage clause, and shaJJ name Lender as mortgagee andlor as an addttlonal loss payee Lender sball have the nght to hold the poltetes and renewal cendicates If Lender requues, Borrower shall promptly give to Lender all receipts of paid prenuums and renewal notIces If Borrower obtams any fonn of Insurance coverage, not otherwise reqwred by Lender, for damage to, or destruction of, the Propeny, such pohey shall Include a standard mortgage clause and shall name Lender as mongagee and/or as an additIonal loss payee In the event of loss, Borrower shall give prompt notice to the Iflsurance carner and Lender Lender may make proof of loss If not made promptly by Borrower Unless Lender and Borrower otherwise agree m wntlDg, any msurance proceeds, whether or not the underlYlDg IJlsurance was requU'ed by Lender, shall be appLIed to restoration or repair of the Property, If the restoration or repalf IS economically feasIble and Lender's security IS not lessened Dunng such repaIr and restoration penod, Lender shall have the nght to PIIgo6of15 Form 3048 1/01 COl0ll0 12108GR1.o 20030711000408.007 hold such Insurance proceeds unttl Lender has had an opportunity to mspect such Property to ensure the work has been completed 10 Lender's sailS faction, provided Ihal such Inspecllon shall be undenaken promptly Lender may dIsburse proceeds for the repairs and restoration In a smgle payment or In a senes of progress payments as the work IS completed Unless an agreement IS made In wntmg or ApplIcable Law reqwres mterest to be paid on such InSurance proceeds, Lender shall not be required to pay Borrower any Interest or eammgs on such proceeds Fees for pubhc adjusters. or other thml parues, retamed by Borrower shall nol be patd OUI of Ihe Insurance proceed. and shall be the sole obligallOn of Borrower If the restoration or rep81t IS not economically feasible or Lender's secunry would be lessened, the InSurance proceed. shall be apphed 10 Ihe sums secured by IhlS Security Inslrument, whether or nol then due, Wllh Ihe excess, If any, p .. d 10 Borrower Such InsUrance proceeds shall be apphed In Ihe order proVided for In Section 2 If Borrower abandons the Propeny, Lender may file, ncgollate and setlle any available Insurance claim and related matters If Borrower does not respond Wltlun 30 days to a notice from Lender that the InsUrance cartier has offered to settle a claim, then Lender may negouate and settle the claim The 3o.day penod will began when the nonce IS given In either event, or If Lender acqwres the Property under Seclton 22 or otherwise, Borrower hereby assIgns to Lender (a) Borrower's nghrs to any UlSUr8nCe proceeds In an amount not to exceed the amounts unpaId under the Note or thiS Securuy Instrument, and (b) any olher of Borrower's nghts (other lhan Ihe nghl 10 any refund of unearned premiums prod by Borrower) under all Insurance pohclcs covenng the Propeny, IOsofar as such nghts are apphcabJe to the coverage of the Property Lender may use the Insurance pi oceeds either to repair or restore the Property or to pay amounts unpaid under the Note or thIS Secunty Instrument, whether or not then due 6. OccupancY. Borrower shall occupy, eSlabhsh, and use Ihe Propeny as Borrower's prmclpal residence wnhm 60 days after the executIon of thiS SecUtlty Instrument and shall continue to occupy the Propeny as Borrower's pnnclpal reSidence for at least one year after the date of occupancy, unless Lender otherWise agrees m wntlng, which consent shall not be unreasonably WIthheld, or unless extenuating clrcwnstances exist which are beyond Borrower's control 7. Preservation, MaIntenance and Protection of the Property; Inspections. Borrower shall nol deslroy, d81nage or Impatr the Propeny, allow the Propeny 10 detenorale or corruml waste on Ihe Propeny Whether or not Borrower IS resldmg In the Propeny, Borrower shall matnlalD the Propeny ID order to prevent the Propeny from detenoranng or decreasing m value due to Its condition Unless It IS detennmed pursuant to Sectlon S that repaIr or restoration IS not econoInlca1ly feaslbJe, Borrower shall promptly repa" the Propeny If damaged 10 aVOid funher delenorallon or dmnage If Insurance or condenmanon proceeds are paid lD connectJon With damage to, or the taking of, the Propeny, Borrower shall be responsible for repatMg or reslonng the Propeny only If Lender has released proceeds for such purposes Lender may dLSburse proceeds for the repaln and restoration m a smgle paymem or m a series of progress payments as the work 18 compJeted If the Insurance or condemnatton proceeds are not suffiCIent 10 repBlr or reslore Ihe Propeny, Borrower IS nol reheved of Borrower', obhgatlon for the completion of such repair or restorallon Lender or ns agent may make reasonable entnes upon and mspectlons of the Propeny If It has reasonable cause, Lender may Inspect the tolenor of Ihe Improvements on the Propeny Lender shall gtve Borrower notice at the tllne of or pnor to such an toter lor IDSpectlon specIfymg such reasonable cause 8, Borrower's Loan Application. Borrower shall be m default If, dunng the Loan apphcallon process, Borrower or any persons or entItIes actmg at the du'ecuon of Borrower or With Borrower's knowledge or consent gave matenaJly false. mlsleadlDg, or maccurate mfonnatlon or statements to Lender (or f .. led 10 proVide Lender With malenal mformallon) ID connection With Ih. Loan Matenal representations mclude t but are not llmlted to, representatIons concermng Borrower's occupancy of the Propeny as Borrower's pnllClpal residence ~.6IWAIIOO'21 Page 7 of 16 Form 3048 "0' COl0110 12100GR1-40 20030711000408.008 9. Protection of Lender's Interest In the Properly and Rights Under this Security Instrument. If (a) Borrower falls to perfonn the covenants and agreements contamed In thiS Security Instrument, (b) there 15 a legal proceedmg that nught slgmflcantly affect Lender's mterest In the Property andlor rights under this Secunty Instrument (such as a proceedmg 10 bankruptcy. probate. for condemnatJon or forfeiture. for enforcement of a hen which may auam prIonty over this Securuy Instrument or to enforce laws or regulatIons), or (c) Borrower has abandoned the Propeny, then Lender may do and pay for whatever IS reasonable or appropriate to protect Lender's mterest In the Property and nghts under this Secumy Instrument. lOcludlOg protectmg andlor assessmg [he value of the Property. and secunng andlor rep8ltJng the Propeny Lender's actions can mclude, but are not hmtted to (a) paymg any sum, secured by a hen which has pnonty over thiS Secunty Instrument, (b) appeartng tn coun, and (e) paymg reasonable attorneys' fees to protect Its Interest In the Property and/or nghts under thiS Security lru.trument, Including us secured poSItion In a bankruptcy proceeding SecunDS the Property lDcludcs, but IS not hnuted to, entermg the Propeny to make "",,,,n, change locks, "",lace or board up doon and WindOWS. dram water from pipes, ehrrunate buddmg or other code Violations or dangerous condmons. and have utulIIes turned on or off Allbough Lender may lake action under thiS Section 9, Lender does nol have to do so and IS not under any duty or obhgallon to do so It IS agreed that Lender mcurs no hablhty for not taIang any or all actions authonzed under thiS SectIon 9 Any amount. dISbursed by Lender under thiS Section 9 shall become adtimonaJ debt of Borrower secured by thiS Secunty Instrument These amounts shall bear mterest at the Note rale from the date of disbursement and shall be payable, with such mterest, upon noUce from Lender to Borrower requesting payment If thiS Security Instrument IS on a leasehold, Borrower shall comply with all the proVISIOns of the lease If Borrower acquires fee title to the Propeny, the leasehold and the fee title shall not merge unless Lender agrees to the merger 10 wntmg 10. Mortgage Insurance. If Lender required Mongage Insunmce as a condltton of makmg the Loan. Borrower shall pay the premtums reqwred to mamlam Ihe Mongage Insurance 10 effect If, for any reason, the Mongage Insunmce coverage required by Lender ceases to be available from the mongage msurer that previously proVIded such lOSutBnCe and Borrower was reqUired to make separately desIgnated payments toward the pretruums for Mongage Insurance, Borrower shall pay the premIUms requlfed to obtalO coverage substanually equlvalenl to the Mongag. Insurance previOUsly 10 effect, at • cost substantially eqUIvalent to the cost to Borrower of the Mortgage IDSurance previously m effect, from an alternate mongage 10Surer selected by Lender If sub.tantlOlly equivalent Mongage Insurance coverage IS not available. Borrower shall continue to pay to Lender the amount of the separately desIgnated payments that were due when the Insurance coverage ceased to be In effect Lender wall accept, U~ and retam these payments as a non-refundable loss reserve 10 beu of Mongaga Insurance Such I.".. reserve shall ba non-refundable, notwuhstandmg the fact that the Loan 15 ultunately p31d 10 full, and Lender shall not be reqUlred to pay Borrower any mterest or earnmgs on such loss reserve Lender can no longer require loss reserve payments If Mortgage Insurance coverage (m (he amount and for the penod that Lender reqUlfCS) proVided by an IDsurer selected by Lender &gam becomes available, IS obtained, and Lender requires separately designated payments toward the prenuums for Mortgage Insurance If Lender reqUIred Mortgage Insurance as a COndlllOD of maktog the Loan and Borrower was reqUired to make sepantely designated payments toward the prenuums for Mortgage Insurance. Borrower shall pay the premiums requued to m8mtam Mortgage Insurance m effect, or to proVide a non·refundable loss reserve, untd Lender's requuement for Mortgage Insurance ends 10 accordance With any wnnen agreement bet'Neel'l Borrower and Lender provldmg for such tenrunatJon or untd terrrunatlon IS reqUired by Apphcable Law Noth1OS 10 this Section 10 affects Borrower's obhgallon to pay tnter",t at the rate proVided 10 the Note Mongag. Insunmce reunburses Lender (or any enllty that purchases the Note) lor cenam losses It may mcur tf Borrower does not repay the Loan as agreed Borrower tS not a pany to the Mongag. Insurance Mongage InSurers evaluate thetr total nsk on all such msurance 10 force from tune to time, and may enter Into agreements With other panics that share or modify thelt nsk, Or reduce losses These agreements are on terms and condttlons that are satISfactory to the mongage Insurer and the other pany (or panles) to these agreements These agreements may require the mortgage Insurer to make payments uSlDg any source of funds that the mongage Insurer may have aV8Ilable (which may lOclude funds obtamed from Mongage Insurance prennums) _S(WAI (00'21 Page 9 of 15 Form 3048 1/01 C018118 12108GR140 20030711000408.009 As a result of these agreements. Lender, any purchaser of the Note, another lDSUler, any remsurer, any other ennty, or any affll,.te of any of the foregoing, may receIve (dlJ-ectly or indirectly) amounts that denve from (or nught be characterized as) a portion of Borrower's payments for Mortgage Insurance, 10 exchange for shanng or modtfylng the mortgage Insurer's nsk, or reducing losses If such agreement provIdes that an aflihate of Lender takes a share of the Insurer's nsk In exchange for a share of the premIUms paid to the Insurer. the arrangement IS often tenned "captive reinsurance M Further (a) Any such agreements will not aerect the amounts that BolTOwer has agreed to pay for Mortgagelnsurance, or any olher terms of Ihe Loan, Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they wID not entitle BOlTOwer to any refund, (b) Any such agreements wtll not aerect the rights Borrower has -If any -WIth respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any olher law. These rights may Include the rlgbt to receive certain disclosures, to request and obtain cancellalIon of Ihe Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or tennInation. 11. Assignment of Miscellaneous Proceeds; Forfeiture, All MIscellaneous Proceeds are hereby assIgned to and shall be paId to Lender If the Propeny IS dsmaged, such Mtscellaneous Proceeds shall be applied to ""toraUon or "'Patr of the Property. If the restoratlon or repair IS econorrucally feasible and Lender's secunty IS not lessened Dunng such "'Pair and restoratIon pertod, Lender shall have the nght to hold such MIscellaneous Proceeds until Lender has had an opportunity to IDSPect such Property to ensure the work has been completed to Lender's satisfaction, provllied that such InSpectIon shall be undertaken promptly Lender may pay for the repaIrs and restoration ID a slDgle dlSbursemenl or tn a serIes of progress payments as the work IS completed Unless an agreement IS made m wfltmg or Apphcable Law reqUires mterest 10 be p8Jd on such MIscellaneous Proceeds, Lender shall nOI be reqUIred to pay Borrower any IDte""t or earmngs on such MIscellaneous Proceeds If the restorahon or replUr IS not economtcaJly feasible or Lender's secunty would be lessened, the Mtscellaneous Proceeds shall be applied to the sums secured by thIS SeCUrtty Instrument, whether or not then due, Wtth the excess, If any, pald to Borrower Such MIScellaneous Proceeds shall be applied ID the order proVIded for tn Section 2 In the event of a total twog. deslrUCtlOn. or loss In value of the Property, Ihe Miscellaneous Proceeds shall be applted to the sums secured by thIS Secunty Instrument, whether or I10t then due, WIth the excess, If any, pald 10 Borrower In the evenl of 8 paroal takmg. destrucuon. or loss In value of the Propeny lD whJch the frut market value of the Property munedtalely before the partIal talong, deatructton, or loss ID value IS equal to or -greater than the amount of the sums secured by thIS Securtty InSlrumem umned,.tely before the pamal (aking. deslI'UCtlon. or loss In value, unless Borrower and Lender Otherwise agree 10 wnung, the sums secured by thIS Securtty Instrument shall be reduced by the amount of the MIscellaneous Proceeds muillplled by the follOWing fraction (a) the total amouRl of the sums secured munedlately before the partIal taklDg, destructIon, or loss ID value dIVIded by (b) the falr market value of the Property ImmedIately before the partIal taIong, destructIon, or loss ID value Any balance shall be pald to Borrower In the event of a partIal talong, deatrucuon, or loss m value of the Property In whIch the fatr market value of the Propeny ImmedIately before the parttal talong, destructIon, or loss In value IS less than the amount of the sums secured ImmedIately before the parttal talong, destrucllon, or loss In value, unless Borrower and Lender OtherwIse agree ID wntlDg, the MIscellaneous Proceeds shall be applted to the sums secured by thIS Securtty Instrument whether or not the sums are then due If the Propeny IS abandoned by Borrower, or tf, after nOllce by Lender to Borrower that the OpposlDg Party (as defmed ID the next sentence) offers to make 80 award to settle a clatm for damages, Borrower falls to respond to Lender Wtthtn 30 days after the date the nollce IS given, Lender IS authonzed to collect and apply the MIscellaneous Proceeds etther to restoratton or "'Palr of the Property or to the sums secured by thIS Secunty Inslrument, whether or not then due "OpPOStng Party" means the third party that owes Borrower Miscellaneous Proceeds or the pany 8g8mst whom Borrower has 8 nght of action m regard to MIscellaneous Proceeds ~-6IWAlI00121 Page 9 of 15 Form 3048 "01 COt8118 12,oeoR140 20030711000408.010 Borrower shall be In default If any acllon or proceedmg, whether cIvil or crurunal, IS begun that. 10 Lender's Judgment, could result In forfeiture of the Property or other matenal Impanmcm of Lender's mterest m the Propeny or fights under this Security Instrument Borrower can cure such a default and. If acceleration has occurred, remstate as proVIded m Sect,on 19, by causmg Ihe action 01 proceedmg to be dismIssed With a ruhng that, In Lender's Judgment. precludes forfeiture of the Propcrt) or other materia) nnpamnent of Lender's mterest 10 the Propeny or nghts under th,S Secunty Instrument The proceeds of any award or claIm for damages that are aurtbutable 10 the unpalrtnent of Lender's mterest 10 Ihe Propeny are hereby assIgned and shall be pard to Lender All MIscellaneous Proceeds that are not apphed to restoratIon or repair of the Propeny shall be apphed tn the order proVIded for to Sectton 2 11. Borrower Not Released; Forbearanoe By Lender Not a WaIver. ExtenSIon of the tIme for payment or mcxbficatJon of amortIzatlOn of the sums secured by thIS Secunty Instrument granted by Lender to Borrower or any Successor to Interest of Borrower shall not operate to release the hablhty of Borrower or any Successon In Interest of Borrower Lender shall not be reqUired to commence proceedmgs agmnst any Successor 10 Interest of Borrower or to refuse to extend tllne for payment or otherwise modify amonlzatlon of the sums secured by thIS Secunty Instrument by reason of any demand m:lde by the ongmal Borrower or any Successors to Interest of Borrower Any forbearanoe by Leader to exerclsmg any light or remedy mclucilng, WithOut Imutahon, Lender's acceptance of payments from third persons, enllUes or SUccessors 10 Interest of Borrower or In 8DlOWlts less than the amount then due, shall nol be a waiver of or preclude the exercIse of any nght or remedy 13. Joint and Several Liability; C .... lgn .... ; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liab,lity shall be)omt and several However,.my Borrower who co-slgns tins Secunty Instrument but does not execute the Note (a "CO-SIgner") (a) IS CO-S1gnmg thIS Secunty instrument only to mortgage, grant and convey the co-stgner's toterest m Ihe Propeny under the terms of thIS Secullty Instrument, (b) IS not personally obhgated to pay the sums securtd by thIS Secunty 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 tlus Security Instrument or the Note Without the CO-Slgner'S consent Subject to the proVISions of Section 18, any Successor 10 Interest of Borrower who assumes Borrower's oblIgations under thiS Secunty Instrument 1n wntmg, and IS approved by Lender, shall obtam all of Borrower's nghts and benefits under thtS Secunty Instrument Borrower shall not be released from Borrower's obhgatlons and hablhty under thiS Security Instrument unless Lender agrees to such release In wnttng The covenants and agreements of thiS Secunry Instrument shall bmd (except as proVided 10 Section 20) and benefit the successors and assIgns of Lender 14. Loan Charges. Lender may charge Borrower fees for servlOOS performed m connectIon WIth Borrower's derault. for the purpose of protectmg Lender's mterest 10 the Propeny and IIghlS under thIS Secunty Instrument, tncludmg, but not luruted to, attomeys' fees, property tnspeenon and valuatton fees In regard to any other fees, the absence of express authonty to thIS Secunty Instrument to charge a speelfic fee to Borrower shall not be construed as a prohibition on the chargmg of such fee Lender may not charge fees that are expressly prohibIted by thIS Secunty Inslrument or by Apphcable Law If the Loan IS subject to a law whIch sets maxunum loan charges, and that law IS finally mterpreted so that the Interest or other loan charges collected or to be collected 10 connectIon With tbe Loan exceed the PermItted luruts, then (a) any such loan charge shall be reduced by lhe amount necessary to reduce the charge to the penrulred hnut, and (b) any sums already collected from Borrower whIch exoeeded pernutted hmlls will be refunded to Borrower Lender may choose 10 make this refund by reducmg the pnnclpal owed under the Note or by makmg a dIrect payment to Borrower If a refund reduces pnnclpal, the reduction WIll be treated as a panlal prepayment WIthout any prepayment charge (whether or not a prepayment charge IS proVIded for under the Note) Borrower's acoeptance of any such refund made by dIrect payment 10 Borrower Will consmute a warver of any right of action Borrower nught have artsmg out of such overcharge IS. Notloes. All notices gIVen by Borrower or Lender In connection WIth thIS Secunty Instrument must be m wnllng Any notloe to Borrower In connectIon WIth thts Secunty Instrument WtII be deemed to have been given to Borrower when mailed by first class mati or when actual1y dehvered to Borrower"s ~81WAlIOOt 2} Page 1001 15 Form 3048 1/01 COleus 12106GRl40 20030711000408.011 nollce address If sent by other means Notlce to anyone Borrower shall conshtute DOUce to all Borrowers unless Apphcable Law expressly reqUIres otherwIse The notice address shall be Ihe Property Address unless Borrower has desIgnated a subslltute nollce address by notIce to Lender Borrower shall promptly notify Lender of Borrower's change of address If Lender specIfies a procedure for reportmg 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 Secunty Instrument at anyone ume Any notice to Lender shall be gIven by dehvenng tt or by mruhng It by first class mall to Lender's address stated herem unless Lender has deSIgnated another address by notice to Borrower Any notice m cOlUlecUon Wlth thiS Secunty Instrument shall not be deemed to have been gIVen to Lmder until actually receIVed by Lender If any notice reqUIred by thIS Secunty Instrument IS also reqUIred under Apphcable Law, the Apphcable Law reqwrement WlII satISfy the correspondmg requlfement under this Secunty Instrument 16. GovernIng Law; Severability; Rules or ConstructIon, ThIS Security Instrument shall be governed by federal law and the law of the JUrisdIction 10 whIch the Property IS localed All nghts and obhgatlons contamed 10 thIS Secunty Instrument are subject to any requlfements and hmlta"ons of Apphcable Law Apphcable Law mIght explicitly or ImpliCItly allow the partIes to agree by contract or It mIght be SIlent, but such SIlence shall not be construed as a prohibition agamS! agreement by contract In the event that any prOVIsion or clause of thiS Security Instrument or the Note confhcts with Apphcablc Law, such conflIct shall not affect other proVISIons of thIS Security Instrument or tbe Note wh,ch can be given effect W1thout the confhctlng prOVIsIon As used 10 thIS SecUrity Instrument (a) words of the masculme gender shall mean and mclnde correspondmg neuter words or words of the fenunme gender. (b) words 10 the smgular shall mean and Include the plural and Vice versa. and (c) the word -may· gtves sole dtscreuon Without any obhgatton to take any actIon 17. Borrower's Copy. Borrower shall be gIven one copy of the Note and of thIS SecunlY Instrument 18. Transfer of the Property or a Beneficial Interest In Borrower. As used ln thIS Section 18, "Interest m the Property" means any legal or benefiCIal mterest In the Property, InCludmg, but not limited to, those benefiCial Interests transferred m a bond for deed, contract for deed, InStallment sales contract or escrow agreement, the mtent of whIch IS the tnmsfer of tItle by Borrower al • future dste to a purchaser If all or any part of the Property or any Interest 10 the Property IS sold or transferted (or If Borrower IS not a natural person and a benefiCIal mterest 10 Borrower IS sold or transferred) Wlthout Lender's pnor wrlllen consent, Lender may requlre ImmedIate payment 10 full of all sums secured by th,S Secunty Instrument However, thIS option shall not be exercIsed by Lender If such exercIse IS prohIbIted by ApphcabIe Law If Lender exercISes thIS optIon. Lender shall gIVe Borrower nollce of acceleratIon The noUce shall provtde a penod of not less than 30 dsys from the dste the notice IS gIVen 10 accordance WIth SectIon IS WIthin whIch Borrower must pay an SUIOS secured by this Secunty Instrument If BOI rower fatIs to pay these SUIOS prtor to the explnltlon of thIS period, Lender may mvoke any remedIes pemutted by this Security Instrument Without further notice or demand on Borrower 19. Borrower's RIght to Reinstate After Aceeleratlon. If Borrower meets cenam conditions, Borrower shan have the TIght to have enforcement of thIS Secunty Instrument dlsconbnued at any tilDe pnor to the earliest of (a) five days before sale of the Property pursuant to any power of sale contamed In thIS Secunty Instrument, (b) such other penod as Applicable Law mIght SpecIfy for the temunatlon of Borrower's nght to reInstate, or (c) entry of a Judgment enforcmg thIS Secunty Instrument Those cond,t,Ons are that Borrower (a) pays Lender an sums whIch then would he due under thIS Secunty Instrument and tbe Not. as If no acceleration had occuned, (b) cures any default of any other covenanlS or agreements, (c) pays all expenses mcurrecf In enforcmg thiS Secunty Instrument, tncludmg, but not hmlted to, reasonable attorneys' fees. property Inspection and valuatIon fees, and other fees mcuned for the purpose of protecung Lender's Interest 10 the Property and nghts under thts Secunty Instrument, and (d) takes sucb action as Lender may reasonably require to assure that Lender's mtuest In the Propeny and nghts under thIS Security Instrument, and Borrower's obhgauon to pay the sums secured by thIS Secunty Instrument, shall contmue unchanged Lender may requIre that Borrower pay such reInStatement sums and expenses m one or more of the foIlowlDg forms, as selected by Lender (a) cash, (b) money order, (c) @..6tWAlt00121 ~ Page11of'6 Fonn 3048 1 10 1 COl0ll0 t2108GR1-40 20030711000408.012 certIfied check. bank check. "easurer's cheek Or cashIer's cheek. provIded any such check IS drawn upon an Insl1tutlon whose deposIts are Insured by a federal agency, mstrumentabty or entity, or (d) ElectroDlc Fund. Transfer Upon rem.tatement by Borrower. thIS Security Instrument and obligations secured hereby shall remam fully effectlve as If no acceleration had occurred However, thiS nght to remstate shall not apply In the case of acceleration under Section 18 10. Sale of Note; Change of Loan Servicei'; NotIce of Gnevance. The Note or a pamal mterest 10 the Note (together wJth thiS Security Instrument) can be sold one or more Umes Wlthout pnor notice to Borrower A sale nught result In a change m the entity (known as the "Loan Servlcer") that caJJcclS Penodlc Payments due under the Note and thIS Secunty Instrument and performs other mongage loan servIcIng obligations under the Note, thIS Secumy Instrumenl, and Applicable Lsw There also IlUght be one or more changes of the Loan Servlcer unrelated to a sale of the Note If there IS a change of the Loan ServJcer, Borrower WIU be gIven wntten notIce of the change whIch will state the name and address of the new Loan Servicer, the address to which payments should be made and any other mform8110n RBSPA reqwres 10 connection With a notice of transfer of servlcmg If the Note 15 sold and theJeafter the Loan 18 serviced by a Loan Servlcer otber than the purchaser of tho Note, the mongage loan selVlcmg obligations to Borrower Wlll remam WIth the Loan Servlcer or be transferred to a successor Loan Servlcer and are not assumed by lhe Note purchaser unless olherwlse provIded by the NOle purchaser NeIther Borrower nor Lender may collUDence. jom, or be jomed to any JudICIal sctlon (as eIther an IDChVldual htlgant or the member of a class) that anscs from the other party's actions pursuant to thiS secunly Instrument or that alleges that Ihe other pany bas 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 nollCO gIven m compliance WIth the reqUIrements of section 15) of such alleged breach and affOrded tho other party hereto a reasonable period after the glvmg of such noUce to take COt rectlve action If Applicable Law proVides a tllne penod which must elapse before certaln aellon can be taken, that ume period will be deemed to be reasonable for purposes of thIS paragraph The nOllce of acceleratIOn and opponunuy to cure given to Borrower pursuant to Secbon 22 and the notice of acceleration gIven to Borrower pursuant to Secllon I g shall be deemed to satISfy the DOIlCO and opponunny to take correellve action proVISIOns of thiS Sec:uon 20 11. Ha2ardous Substan .... As used 10 tlus section 21 (a) 'Hazardous SUbstances' are those substances defined as tOXlC or hazardous substances, pollutants, or wastes by EnvJronmental Law and the followmg substances gasohne, kerosene, other flammable or toXIC petroleum product', tOXIC pestiCides and herbiCides, volatile solvenrs, materials contammg asbestos or formaldebyde, and radioactIve matenals, (b) 'EnVIronmental Lsw' means federal laws and laws of the junschctlon where the Propeny IS located that relate to heslth, ssfety or envIronmental protectIon, (c) 'Envltonmental Cleanup' mcludes any response action. remed18l action. or removal action. as defined In Envlfonmental Law, and (d) an "Envlrorunental Coruilnon· means a condltlon that can cause, contnbute to, or omeIW1se tngger an Environmental Cleanup Borrower shall not cause or penmt the presence, use, diSposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or 10 the Propeny Borrower shall not do, nor allow anyone else to do. anythmg affectJng the Propeny (a) that IS m VIolatIon of any EnvlIOrunental Law, (b) which creates an EnvIromnental Condmon, or (c) which. due to the presence, \JSC, or release of a Hazardous SUbstance, creates a condition that edversely affects the value of the Propeny The precedmg two sentences shall not apply 10 the presenco, use, or storage on the Propeny of small quantlues of Hazardous SUbstances that are generally recogrnzed to be approptlate to normal resldenUal uses and 10 mamtenance of the Propeny (lOCludmg, but not lumled to, hazardous substances m consumer products) Borrower shall promptly give Lender wntten notIce of (a) any mvesugauon, chum, demand, lawsuIt or other acllon by any governmental or regulatory agency or pnvate pany mvolvmg the Propeny and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any EnVIronmental Condmon, mcluchng but not limned to, any splllmg, lealang, dIscharge, lelease or threat of @..-8(WAIIOO'21 Page 12 of 16 Form 3048 1101 001111111 121oeGR1'€) 20030711000408.013 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 IS notIfied by any govenunental or regulatory authonty, or any private pany. tbat any removal 01 other reme(hatlon of any Hazardous Substance affectmg the Property IS necessary. Borrower shall promptly take all necessary remedial actions m accordance With Envl10nmental Law Notlung herem shall create any obhgauon on Lender for an EnVIronmental Cleanup NON-UNIFORM COVENANTS Borrower and Lender further covenant and agrel' as follows ZZ. AcceleratIon; Remedlea. Lend ... shall gIve notI"" 10 BOlTOwer prIor to acceleration following Borrower's bread! of any covenant or agreemeot In thIS Securily IlIStrument (but not prior to acceleratIon under SectIon ]8 unless ApplIcable Law provldea otherwIse). The nob"" shall specll'y: (a) the default; (b) the action required 10 cure the default; (e) a date, not leas than 30 days from the date the notI"" Is gIven 10 Borrow .... by which the default must be cured; and (d) that failure 10 cure the default on or before the date speclned In the notl"" may result In acceleratIon of the sums secured by tbls Security Instrument and .ale of the Property at public auction at a date not les, than lZO day. In the future. The notice shall further Inform Borrower of the rIght to re .. state af1eJ acceleratIon. tbe right to bring a court action to nssert the non-exlslen"" of a default or any other defense of Borrower to aeceleratlon and sale, and any other matten required to be included In the not Ice by Applicable Law. If the default Is not cured on or before the date specified In the notl"". Lender at Its option. may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may Invoke the power of sale and/or any other remedies permitted by Applicable Law. Lender shall he entItled to collect all expertsea mcurred in pursuIng the remedlea provided In thIs SectIon 22. including. but not limIted 10. reasonable attorneys' fees and costs of title evidence. If Lender Invokea the power ot sale, Lender shall give written notIce to Trustee of the occurrence of an event of default and of Lender's electIon to cans. the Property to he sold. Trustee and Lender shall take sncb action regardIng notice of sale and shall gIve such notices to Borrower and to other persons as Applicable Law may require. After the tIme reqUIred by ApplIcable Law and after publication of the notice of sale. Trustee, without demand on BolTOwer. shall sell the Property at publIc auction to the hIghest bidder at the tIme and place and under the terms desIgnated In the notice ot sale In one or more parcels and In any order Trustee determines. Tnlstee may postpone sale of the Property ror a penod or periods pennltted by ApplIcable Law by public announcement at the time and place fixed In the notice of sale. Lender or Its dealgnee may purchase the Property at any sale. TnIstee shall delIver to the purchaser Trnstee's deed conveying the Property without any covenant or warranty, expreased or ImplIed. The recitals In the Trustee's deed .hall be prima facie evidence of tbe truth of the statements made therein. Trustee shall apply the procreda of the sale In the following order: (a) to all expenses of the sale. Including, but not limIted 10. reasonable Trustee's and attomeys' feea; (b) to all sums secured by thIs Secunty Instrument; and (c) any exceas to the person or persons legally entitled to It or to the clerk ot the superior conrt of the county in which the sale took place. Z3. Reconveyance. Upon paymem of all sums seemed by thIS Security Instrument. Lender shall request Trustee to reconvey the Property and shall surrender thIS Security Instrunlent and all notes evldencmg debt secured by dus Secunty Instrument to Trustee Trustee shall reconvey the Property WIthOUt warranty to the person or persons legally enhtled to It Such person or perhons shall pay any recordatton costs and the Trustee's fee for prepanng the reconveyance 24. SubstItute TnIstee. In accordance with Applicable Law. Lender may from lime to hrne appotnt a successor trustee to any Trustee appomted hereunder who has ceased to act Without conveyance of the Property. the successor trustee shsll succeed to all the lIt1e. power and dUlles conferred upon Trustee herem and by Apphcable Law ~ ..tJ(WA) (0012) Page 13 of 16 • Form 3048 1/01 C01611e 121oeGAI40 20030711000408.014 25. Us. of Property. The Property IS not used prtnctpally for agrtcultural purposes 26. Attorneys' Feel. Lender ,hall be enlItied to recover Its reasonable attorneys' fees and costs tn any "action or proceedmg to construe or enforce any tenn of thiS Secunty Instrument The term "attorneys' fees." whenever used 10 thiS Security Instrument. shall Include Without lurutallon atlomeys' fees mcurred by Lender to any bankruptcy proceedm8 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 covenant' contamed m thIS Secunty Instrument and to any RIder executed by Borrower and recorded WIth It WitnesSes .. .Jilt UtuJt2bm ",,1 ) (Seal) StJRLLIDI WARIIl!S -Borrower _______________________ (SeaI) -Borrower (Soo!) ______________________ (SeaI) -Borrower ·Borrower (Seal) _______________________ (SeaI) -Borrower -Bonower (Seal) ________________________ (Seal) ·Borrower -Borrower .... O(WAI (00121 Page 14 of 16 Form 3048 1101 COlellO 12108GAl40 20030711000408.016 STATE OF WASIDNGTON }ss: County of ~'r1"'\ On thIS "f personally appeared before me SUELLBN WARNBS to me known to be the IndlVldual(s) desctlbed In and w~ecuted the within and fo .... gomg Instrument, and acknowledged that he@j9'they SIgned the same as hl~th.1f free and voluntary act and deed, for the uses and purposes theretn mentioned GIVEN under my hand and offiCial seal thIS q-th day of 1I'a::J d 003 -'etWAIIOOI21 Notlry Pubhc m and for dle tate ofWashIR81On, resldmg at '!)l/'lr->" G, I~~D My Appomtment Exptres on Od 14 0'-/ Prepared Iij: . Karen Jackson 1 Home campus Dr. Des Moines, IA. 50328 (515) 213-4154 Page 16 of 15 Form 3048 1/01 COlin 18 12106GRl40 q \ 20030711000408.016 Exhibit "A" Loan Number Borrower SUELLEN WARNES And THE FOLLOWING DESCRIBED REAL ESTATE. SITUATED IN THE COUNTY OF KING WASHINGTON WEST 112 FEET OF THE EAST HALF OF THE SOUTH 10 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, rOWNSHIP 23 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 30 FEET THEREOF, TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE SOUTH 30 FEET OF SAID SUBDIVISION, EXCEPT THE EAST 30 FEET THEREOF APN 1023059382QS" Branch :WLK.Uscr :GMIN Comment: Station Id :!'DOG j • KING,WA r taIIiI TICOR TiTlE SU INSURANCE Fneet CDr Record It Request of AFTER RECORDING MAIL TO: Sue i\e 1\ Warne.s 1414>:;10 :>10 IIh ';r/- R~i-o~, lUtt. '1 fo5h (FULFILLMENT) Statutory Warranty Deed THECRAHTOR .lle'.~" R. 'XI\(,,,-t- eeuo .-'2So ~E [) F ':A HSL 111047 11=1 ~. 0.:. *'·' ... ··3.00 II .i, si for and I~ colllidmtioR 01 Ten doll"," ctf\<.4 (10/1 00 and cflwr ut1.lua.bht (:("Il\s( (f\l'''cti-,O(\ , Inhllldpafd,conv.pUldwlrnntato tll(el/1l.n td(f,.ne~Jc.l c::.('nfjJe.. I"OOIY\((r'\ lh.'oIlowIq dacribed ruj ntale. lilulllcd In the Count)' of i<' (I) 6-. SlIle 01 w..,,"_ we.t II!!. {"",t l'f iJ,. E"'.t .. ,If:. ,,-f ~I,,-S,.,rfh 10 '10 re. S of . th~ I.1-"',o'1/' Qo.qr-r.r 0';: ih~ 1I!c.<ffw',,'t GI"~,-t~ ... '* s,ci"01\ 10, -ro",",h;1' ::l3 /J",-i-h J Rctl'S~ 5 be>/-, "".A1,; in K,nj ("""""f),,, 1.0<1. ~1""'JTo"; 6,)(CEf'T +h .. S:..,,:f~ BO -r.,.,.+ 'i/ .... , ... ilf', .' ' I05{;:THE~ IvlTti Q" "<ls",,,,,,"+ -1'" ... 1".'l"''''''';(..':1r<>SS ".,d ,,-f,li/'''''' oue~ t""-':.ailh 30 f."T of s,/.4 ""b";u;S,iJl'1., E)(cf;.PT -tile. East-30 -k.t--lilef't!<;f , nil dfU III riven in lulrllJmrnl or Ih;u «I1I1n real l'IllIle t'lIIIIract bclll'ftll the Plnin bema. dated 9·3/-7" ,1(l7b. DId c:ondilklllfd for 1!Iv COII'Iq'lUIer of tllD:tbove described pnpcn,.. ..nd the conVCIIlIIl1 of .... ·amnt)' lu:rdn conlllnrd wll nQl IIppI,. to ;my title, Interest Dr cncumbrann arill1l. by, lhroullh or ulJdvr IhG pun:hufr In Mid ('onll'lCl. and .hall not applt' 10 IllY tun. uteI'TllCllti or Oilier char". h:,In1, welll'd or braNnlnll dLICIlubJelluent 10 llIe dale of IBid wnll'lrt. Real EtiUI Eldle Tu WII paid lin tllia .. 1e or ItlmPl'li C:llmlpt l1li Cjc!p~ c.,) \ Q7G:, , Rac. No. ~ 31.Q ,(',,, By ~';j£.J.-;'~L;,;;?:.;!',: ::~~~~~.~~~~~ .......................................... . B)I •••••• "." .............................. . ................... II)' ..................... , .............. " .•• " ..................... , ............... . STATE Of \\i\SHINaTON' COUNT\' 0' .. ~gr.:: ...... } .- ~1Ih dlJ' pCN>IIllIr IP,/,rN .. 7' for, '~ . a . ..(Lt:Y'.vt2dit:.. IQ rna' n_1I l"IIIiiIVWNI.dftCr~ III ... "'tHl evCIIltd I. 1W;...:~~·tIt\IllIlItfIII. and ........... -......................................... , ..................................................... .. ~~~~i.~7%":!d::n.~:lh; HII ....................................................... : ............................ , ........... -..... . ;~._ ~1·~~r.I;····::Q~;:·"mc~ \UI~ ;~:~i~:·;;;~~~.::;~~:;;=;;,:i~;M.:~;:~:~:~;~~=·~;~::i;;I~; o<.~_ l' ti~ ~~~; .. 19 t/'I_ \lIUmnM 10 ~ Ihc rift and ,oIUIII;!I~;K1 and IlHd or roald ro'""nllion. 'or 11M tlSCI • ~r/ .J7;~~ ~n~l'u,po.e\ Ih,"rela IlICIlhlllltd, and on Wlh '!.:Iled 'hal ............................... .. ....... VI: • ..~, • .~r...{.'KI./ -.vtnnrlud IV pc.,"\Iled Ihe .ald In,"UlhullmltU! ,111: ~ arn.ud I, lilt corpoIQIt . • or \\:'IIIIn,ICItI. \.COlor .aid (orpUJIIllon. ~,~ ~'""'"' •. ........... :..... Whn,." m~ /Qnd:llld om .... 1 ....., here.., .Ithed IhI <ill)" IlnoJ JY. Om abo\lI' ...... 1'~~'/.··· ~4J9 ~~~~~:: ............................. _ ............................................... :_ ................. .. '. • . N\JQr, PlIbIk III .~ lor the Stare III Wl\hin,t .... tNlIq .......................... -...................... :.:.:_ .. _. ___ ._-'L..~ .. ...... } .. 011 ,hjo. ........ \lily", .. " .................................................... , .. ,. 19 _. __ • hchlR mc.lh~ umt."t,n.'\I., :-.:,IIal) I'uMk In "'" I ... IheSl:llor(l/' \\;'.hl..,·:m, duly l"llusrr 01· ...... . ~_; .. i...-d alKl •• ur",."""II\:IU~ appeared .............................................. . Page 1 of! Printed on 6/28/2012 9:58:08 AM Document: DED WAR 1988.01291047 THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION, IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS 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.UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. O. '7 9363 0,77 N:, 9364 SECTION: 10 TOWNSHIP: 23N RANGE: OSE 1.28 1IC 9365 194.39 ],ltl 9111 KC LLA 8804024 LOT X _ . .. , "'"'" No 32880 sr 9154 964" 124241 9188 947'6 ----------------··---1 3U02' 9357 1/ June 28, 2012 Suellen Warnes 5520 NE 10th St Renton, WA 98059 Reference No.(s): Order No.: Property Address: Buyer I Borrowers: title 40097744-T35 5502 NE 10th St, Renton, Washington Suellen Warnes 14450 N.E. 29 th PI., #200 Bellevue, WA 98007 Phone: 888-267-2301 Fax: 425-646-3513 City of ... p '"'Ienton fanning O· .. IVISlon JUL 18 lOIZ In connection with the above referenced Order, enclosed please find the following documentation: • Subdivision Guarantee ,I"~ TITLE \'~ RESOURCES GUARANTY COMPANY Order No.: 40097744 Subdivision Guarantee Face Page Liability: Charge: Tax: Total: $250.00 $ 250.00 $ 23.75 $ 273.75 Guarantee No.: 40097744·1·E Subject to the Exclusions from Coverage. the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Title Resources Guaranty Company a corporation here in called the Company Guarantees the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Date: June 22, 2012 at 8:00 a.m. TRGC Form No.: 2647 Subdivision Guarantee ;'cwtitle Guarantee Conditions and Stipulations (09-12-08) 14450 N.E. 29 th PI., #200 Bellevue, WA 98007 Phone: 888-267-2301 Fax: 425-646-3513 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said deSCription. (b) Defects, liens, encumbrances, adverse claims or other matters. whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust. trust deed. or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party. notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Ctalmant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee. whether or not it shall be liable hereunder. and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured. at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein. or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to fumish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be fumished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks. correspondence and memoranda, whether bearing a date before or after Date of Guarantee. which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission. in writing, for any authorized representative of the Company to examine, inspect and copy all records. books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Payor Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee. the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder. the Company shall have the option to purchase the indebtedness secured by said mortgage or TRGC Form No.: 2647 Subdivision Guarantee said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant, To payor otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7, Detennlnatlon and Extent of Liability, This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8, Limitation of Liability, (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. g, Reduction of Liability or Tennination of Liability, All payments under this Guarantee, except payments made for costs, attomeys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10, Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11, Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claiman!. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise TRGC Form No.: 2647 Subdivision Guarantee or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of etther the Company or the Assured. All arbttrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attomeys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. " A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251, ortrgcclaims@trgc.com. TRGC Form No.: 2647 Subdivision Guarantee cwtitle 14450 N.E. 29 th PI., #200 Bellevue, WA 98007 Phone: 888-267-2301 Fax: 425-646-3513 I#"'~ TITLE il'~~ RESOURCES GUARANTY COMPANY Subdivision Guarantee Issued By Title Resources Guaranty Company Guarantee No.: 40097744-1-E Schedule A Order No.: 40097744 Liability: Charge: Tax: Total: 1. Name of Assured: Suollon Warnos 2. Date of Guarantee: June 22, 2012 at 8:00 a.m. 3. The assurances referred to on the face page hereof are: $250.00 $ 250.00 $ 23.75 $ 273.75 a. That, according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Suellen Warnes, as her separate estate c. The estate or interest in the land which is covered by this Guarantee is: A fee sim pie estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Exceptions: 1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT NOT LIMITED TO, EASEMENTS OR EQUITABLE SERVITUDES; OR, (D) WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE PUBLIC RECORDS. TRGC Form No.: 2647 Subdivision Guarantee Page 1 File No.: 40097744-800-T36 Guarantee No.: 40097744-1-E SCHEDULE A (Continued) 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 1023059382 YEAR BILLED PAID BALANCE 2012 $3,740.37 $1,870.19 $1,870.18 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $1,870.18. LEVY CODE: ASSESSED VALUE LAND: ASSESSED VALUE IMPROVEMENTS: TOTAL ASSESSED'VALUE 2164 $110,000.00 $174,000.00 $284,000.00 3. CITY OF RENTON ORDINANCE NO. 4025 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DECEMBER 3, 1986 RECORDING NO.: 8612031455 REGARDING: ESTABLISHING A PROPOSED ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE AND CONNECTION CHARGES THEREFO 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: PUGET SOUND ENERGY, INC. TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY A PORTION OF SAID PREMISES OCTOBER 13, 2009 20091013000576 5. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 8806150403. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 6. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE LOT LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9102130947. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. EASEMENT FOR INGRESS, EGRESS AND UTILITIES DELINEATED ON SAID LOT LINE ADJUSTMENT HAS BEEN AMENDED BY INSTRUMENT RECORDED UNDER RECORDING NO. 20040525000523. 7. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 20091124900002. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. TRGC Form No.: 2647 Subdivision Guarantee Page 2 File No.: 40087744-800-T3& SCHEDULE A (Continued) 8. DECLARATION OF COVENANT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 1, 1991 RECORDING NO.: 9110010735 REGARDING: ON-SITE SEWAGE DISPOSAL SYSTEM 9. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: DECEMBER 17, 1991 9112172021 Guarantee No.: 40087744-1-E REGARDING: TEMPORARY WATER SERVICE WITH KING COUNTY WATER DISTRICT NO. 90 AND COSTS RELATED THERETO 10. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: DECEMBER 13, 1993 9312131465 ROAD MAINTENANCE 11. ORDINANCE NO. 5147 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: SEPTEMBER 15, 2005 20050915000745 ANNEXATION TO THE CITY OF RENTON 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: SUELLEN WARNES, A SINGLE PERSON HAND L SERVICES, INC. WELLS FARGO HOME MORTGAGE, INC. $71,780.00 JUNE 1, 2003 JULY 11, 2003 20030711000408 (AFFECTS: SAID PREMISES AND OTHER PROPERTY) TRGC Form No.: 2647 Subdivision Guarantee Page 3 File No.: 40097744-800-T36 Guarantee No.: 40097744-1-E SCHEDULE A (Continued) NOTE 1: IN THE PAST 24 MONTHS, THERE HAVE BEEN NO CONVEYANCES OF RECORD FOR THE PROPERTY DESCRIBED IN SCHEDULE A HEREIN. TITLE WAS ACQUIRED BY DEED RECORDED ON JANUARY 29, 1988, UNDER RECORDING NO. 8801291047. NOTE 2: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: A SINGLE FAMILY RESIDENCE KNOWN AS: 5502 NE 10TH ST RENTON, WA 98059 NOTE 3: THE FOLLOWING WILL BE AN ACCEPTABLE ABBREVIATED LEGAL DESCRIPTION FOR THE RECORDING COVER PAGE ONLY, IN COMPUANCE WITH THE RECORDING STATUTE: LT 1, RENTON SP NO. LUA-07-100-SHPL, REC. NO. 20091124900002 GMl Enclosures: Sketch / MAP Vesting Deed All recorded exceptions TRGC Form No.: 2647 Subdivision Guarantee Page 4 "",,, TITLE ~~ RESOURCES GUARANTY COMPANY Subdivision Guarantee Issued By Title Resources Guaranty Company File No.: 40097744-4100·T35 Guarantee No.: 40097744·1·E EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: LOT 1 OF THE CITY OF RENTON SHORT PLAT NO. LUA-07·100·SHPL, AS RECORDED UNDER RECORDING NO. 20091124900002, RECORDS OF KING COUNTY AUDITOR; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. TRGC Form No.: 2647 Subdivision Guarantee Page 1 ~~\\I!'~N·:ON. \lU'. 1 . . ",qRllI".nfIJE NO. :,~,,"':';:"'lj3 ;':E:((' ,:: WlISIlING'l'OII'H5L 4025 . 6'< ,.~\E.."',' \' ' ·1\-.ffh AN ORl1INAN<UtIlD~\'Il!J\z' iclt'lfy OF RENTON. WASHINGTON. ESTABLISHING A~~~OSED ASSESSMENT DISTRICT FOR SAlUTARY SEWER SERVICB IN THE HONEYCREEK INTr.R~F.PTOR oERVICE AREA AND E3TABLISRING THE AMDUNT OF THE CHARGE UPON CONNECTION TO THE FACILITIES. to. (·0 ~·-;,f'10.I)O 11 THE CITY COUNCIL OF THE CITY OF RENTON. WASHINGTON. DO ORDAIN AS FOLLOWS: SECTION I; There i8 hereby created a sanitary sewer service a~. cial assessment ~i8trict for the Honeycreek Interceptor area in the northeast quadrant of ~he City of Rantbn Which area is more particularly described as F.ollo~s, See Exhibit "A" attached hereto and made a part hereof as if fully set forth herein. A map of the project area is attached 89 Exhibit "B" and m~de a part hereof as if fully Bet forth.) S~CTION III Persons connecting to the sanitary sewer facilities in this Special Assessment District which properties hava not been charged or 8s8essed with the cost of the sanitary sewer ,nain, sh~ll pay in addition to the payment of the connection permit fee and in addition to the general facility and trunk connection charge, the following adcUtional. feeB: A. Area Charges (See Exhfbtt DAD ond DB") Residence dwelling units, apartments or equivalents: $250.00 per dwelling unit Commercial Development; -5¢ per square foot of grosB site area B. Front Footage Chuges. (See EJdIlbft "CD Dnd DPD) There is hereby created a subdistrict within the Honeycreek Interceptor Special AsseSSMent District consisting of properties fronting on Interceptor Sewer: CERTIFICATE 1.Il10 ...... ''''' Maxine E. Motor 611Iu.'" CIIII III Rantan. VIIdIIJiIsIIIII ~ tII1iIlIiIIl " e true andcctn)Ctcowot Qrdip'PGP No -602' Subsc:rlbod and Selod VIla, 2nd . ~ ~'~IIP' '?'2 7 r1ritt.J_,~ 9ltv ,Clork .". ",: . .' • j ORDINANCE NO. 4025 'l'he properties to be essessed for front footage are more particularly described in Exhibit ·C· attached hereto and made a P&=t hereof as if fully set forth. Th~ front footage charge shall be $~7.l9 per frontage foot, representing $74.38 per center line foot divided equ3lly for property fronting on each site of the center line foot. SECTION III: This Ordinance is effective upon its passage, approval and thirty (30) days after publication. P'SSED BY THE CITY COllNCIL this 17th day of November, 1986. APPROVED BY THE MAYOR this 17th day of November, 1986. Barbara Y7S npOh, Mayor Approved a3 to form: ~£~~~A Lawrence J. Warren, C ty Attorney Date of Publication: Nov~~er 21, 1986 -2- ... ,': ( .. '.-. .. -..... .... ~ .. "., . : ~ ". ' •• t .-~ . '. -', ':". ' .. --... ~~'" :~ .,' ' ... -;'~'''' '~',~ .... : ".; .: ...... , ".;." : .. .': •... -... -;";' . .•.• ,..... ".j., .~.: )'-.-'. ~ :.' . ,-,~, •.. £',8 HI.·O I T '. 1 •• -~'''-." .... -.. -.' 10 and: II of·rOimihtlf 2J·North .. ·. 10; ',bnllO, 5 hit; ,H;A •• ..,,..;. :.' .. , . . : ~ .. """."' . . ~: .~. ~.d,~",----_=="", =-',,:~ ____ .,~._. , .... "...,..~.~~~";.. . .....::..;-..;._. -"..----------.,.."'!":'~!;'!""~:PO .... "',... .•.• :,.-... -___ ..... :...."'I·.::.. ••• I , fAl &.,;: .• ...,..,.,h, ( s;. -~ \ .: .. ' r' ,: .'.,.' .~"., .', .. " .•. , ....... :. ~~~~~jl;;f;::~;.:i:;~:.;'::-:~>,;;:"~~~~'·~4(~'. ~>. · .... ::./~~i:·~::·i~i:::~;~t ::.:':~~~~ " :'lIIirA;",!?:jeEf . ':', ...... : .: >., .. ;-.,~~' .. " -,. "'-' 'EBHIDIT ...... ..' ....... -•. ---"-~ ...... '. '. ".~ :'. ' ... -.. ~ ''','' ...... ' . ~:;.'~'-;.. ';~'~'.\:< : ::-:::.-".:":11.', ~ ::'.'!':.-_.-:~.',~::,i'::-., ";':l"~' ::~':'~"~\'~:: . ~ ~.~ "~ .• ~: ... ':;"~'~::l ,~;~.';;;.~:Y.~ :j:~' .-':::.'i£;; .. :~'f~;~~~t " .::: :':'~' ::,;:.'r.:..:. ~ ~--:':'7 ';';':~ /\~. :c:::"/-;..;;;'. ',~, . .... -., . , . '-''-' .'. ,.',; ;-. .~.~ .. ~ __ ~ •. L~~II:.:~~:I~~:~.~~~;<, ,:' _0.'" _ , "._;::.;':;-'._ ... _,_~. ~'.":: -. .','., ,-, ... , -'.' "., ". "'" -,.' ·;··t . ,-": .. ... c'~ '._ .. ; ...... i .. ':""'.' , ..... . " .. . ~"" . "~: .... ~'.+ . '.: "oj . ;. I .• ' ' ...• ', . , .-:A. .... "._-:.-.'~~ .. .,., . ....• ~" ~"'._": .<:.' '"._. 0 ~~,:-:-,--=-- . ',.-, :.:. " •... , r- OJU)lNANCE. NO. ~ E X H I BIT "D" FIIOIIT Four_ CIfAI&S E X H 18 I T ..... -------... ''-_ .. _-_ .......... • 20091013000676.001 ReTURN ADDMSS: Pugol Sound Energy. Inci .. n: W Dep'artmont /~' I . a,,.., .: ,'. ":1,.;_ ~. ~ (:':~i EASEMENT (culltomer form) ~~~~'b7.,?E #: .. \~ik.n tJv~S GRANTEE: PUOl;tSOUND ENEROY,INC. 2 SHORT LEGAl.: Nt V</ S.i." /&; 74v-r .:1.3A1; ,(" ~ (OSt ASSESSOR'S PROPERlY TAx' PARCeL: /,'2.:\..'!..;--q~}Z:!. 800 full 'egal on page .fJ... OP or U MAP NO: ________ ,JOS NO: 1t'/(1$ft':l.'/ FILE: (l v'Z3I I For and In consideration of One OoUar (S1.00) and other VAluable ,":J'~:ihJeratl')n In hand PGk1. " C, 1h::.11 e Y\ lA,J, rn e ':> "_ ("Grantor" herein). Ita 8ucce.aora and .s.'gno h.re~C?n;,;y; ";'l1d W8lTBlita to PUGET SOUND ENERGY I INC., • Woahlngton Corpol'1lUon ("Grantee" here',..), Ita Ilucae •• ora lind 81oUlgn. for the purpoaea herelnaner sel forth. a nonaxolu.tve perpetual ,.,ement. over. under, along. aerooa and through the follOWing describod real property rprop~ heraln) in +'1 0) fr County. Washlngtun: sEe EXHIBIT MAo. ATTACHED HERETO AND BY THIS REPI!RENCe MADe A PART HeREOF. EASEMENT LOCATION: Exce~ ao may be otherwtte .et forth herein O('3nl&o'. rtaht3 shall be olt.erelaad upon that_portJon of the Property (the "Eaa9fI'lent Area" he ... ln) that la ten (10) 'eal In 'Wldtfi having fI". (5) feet of auch wldtn on eaCh aide of (he Centertlne Of Grantee's systa.ms located aft conatru~led or to be conetructe.::!, eJd:otnded Dr relocated on the PropertY. except Ihos. purtlona 0' the Property oocupled by exhaling building 100lin:dR. foundationa, ancllor aUb.urfoce alruoturee. 1. Purpou.. Grantee ahall have ttl_ right to UltOl the EaaAmttn\ ."\r"'l] to con:-Cti'\Jct, opRrat.&, mlliintuin., r~l':)"il" rePlace, Imnrultl'U, rC:II",ovtt. Io!IncI Oml:,Up8 une or ",ore. utll,,), ")"lIttill'" jur pu;po¥"~,, 01 lrbI)IoSrm&,jlun. oJI8UIl,luI,UII ... r.;J j' aale of gall and elactr1alty, Togother wtth tho! right of aCCN" ovor and ocroll8 a3Jl.l Prc~erty to enable Granl£1!t 10 .xerda. It. righta hereunder. n UDed herein, Ino leml ".~tems· uhullirtcludo 011 appYrtanE.onC" ... und '"cllltie~ 0" ere nocoea..,)'. In the Judgment Of Grantee, for the operattan and malnklnonce of sflld 6yaloma. 2, G'lIntur'o Uoo of Eaoemont Aroa. Grantor agree. net to aracl eny atructureD on aald Eo"emcnt Area. Dne' I further agree. not 10 place treoa, rockert38, ronco. or oUler obalructio.)na on the Property thai would intt"fer~ v.itt! the exerdeo 01 Grant_'. righto herein. I OATEDthl._~ d.YO'~otx::: .,2009 i GRANTOR: BY: 'I/'> ~M ~ ___ -= _ ) "'OTII': !>I(I.NolrUIII:: ..... ~JI .. QU:A.f_n~.f ~ A.L:" r.~O\l'fiUl:t 01' r ........ ,..LI~'1''( BY: STATE OF WASHINGTON) ) SS COUNTY OF 1<,1 .... c... ) :.I. ..... ''1 On thla q -day 01 .... §r1't=M .... B .~, before mH, :I NotarJ ~ub!iC In ~nrt 1~r ttl: S\!!!e.::J ',vash!r'iJ1M. duly commi."oned and Dwom, personally appeared :2\ ,l f. 1 '-~ v...J PI R ~ (::' ~ . to me known to be Ihe IrvJlvldual(a) who executod the wlthl" and foragolns Inatromenl, and ack"owledUBd that ,"?, __ ..r olgoed' the a.me ea ...h.Ii.:...B::...-tree and volunlaty acl and deed 'or tha ur;as and purpoous therein menUoned. I I, GIV (101 thl. ~Ierelo yffixed the duy and year In thl.a: certlfic. I .. """:~::-\.:.... I =:;",-c::=:;,. tAL, b --.=J..:' c:. -~A f'...l~t-.J __ ~~~W,· (prlntoratampname!o)fNotary) I -181 .......... ,.0 .• 11 NOTARY PUBLlC;n and f,;n Iha Stale ofWas~'lIrogton, I roak1In:;!lt ~ ~~~A My oppolnlmBnt ;;)Cplre-"!!L~'i72";'u ___ ::~_='::.:-: ~ NDIary..-.l. __ •• noc..: ..... n .... be I .... " '· ....... in .. !cll",W;lol ,v'toO'-t"7.T/31 ,~/,?..I Cust ronn 112000 I , ,. __ i EXCISE 1'A)( NOT REQUIRED B Caf4!: ~()n1 .• )\ A ,Dep",~ '" . EXHIBIT "A" THIlWeST 112 FEET OF THE EAST HALF OP T11t! SOUTH 10 ACRES OP THE NORTHEAST QUARTE!R or THE NORTHeA8T QUARTER OF 8EcnOH 10, TOWNSHIP 23 NORTH. RANGe 8 EAST, W.M •• IN KING COUNTY. WASHINGTON. ExCEPT THE SOUTH 30 FEET THEREOF; 20091013000576.002 ALSO ExcBPT BeOINNINQ AT THE NORTHWEST CORNER OF SAl D SUBDIVISION, THENCe EAST ALOHa NORTH UNB 57 peeT TO POINT OF BEGINNINO; THENCe CONnNUINQ EAaT ALONO 8AID NORTH LINe 86 FEeT TO THB EAsT UNE OF SAID SUBDIVISION, THENCS SOUTH ALONG SAID EAST UNE 108 FEET: THENCe WESTERLY 22 FEETi THENCe NORTHWESTeRLY 110 peET, MORl! OR LEN. TO POINT OF BeGINNING. ALSO KNOWN A8 LOT C OF KING COUNTY LOT LINE AD.lU8TMENT No. 890M0428 ApPROVED .JANUARY 10, 1892. SITUATe IN THE COUNTY 0" KINO. STATE OF WASHINGTON. 5502 Nn ,()OI' St. 101051024/07)9JI pqc~ ... r~ .7 .• J :; V' "®",:,~~~~[LO ©~1?Q~~ ~"ND DEVELOPMENT elVISION r?R 201988. "0'111.1 Ca_=£';tu,DlU ... C .. 'td:;rl Ill..f.d-c::n -Ihe £.'57"" halF df -the S"oui~ loacre.<;. aF" flu.. u,... .. t/,.Qs-/-Q"a'«'<2,: d-+f .. 1u:'r-f(,eqs7-G;:uo,'fe,' cF 5<t:fion 10, Tow",!',!, ;13 rVot>ff,) i?a1i5'e5 f;;asi-J IUfI1.) ,;. .i<'JM,J Co""-/-",, W"'\lj":lT<'''; JEXCIEPT -t{,e.So«"1-I,:30 -Fee-!-7Ioeret7P, -rbG-G-TI/ E " IvlTII ~ -' r. . .1' " ""'1 Et.tSC!'''''''N-r ro" '''2re::s .. e9r\~SSA'hcl t.tTl !,r,t!$ ave (\ 1,{.. Sou"1' II "...r.-. --I"' -,0 ",,,:.f-0-'-.sq I'd :st.'b;',i.lis/~" 3 EXCE Pr 11Ie. E as1-.30 1'''«7-.t-I.~ ,_,....". -------- :.oc oil .... ,:: 001-ij;;j-f. :f il:-.s;j.h 10 a;:;es cf' +!.. lIlo.-i1.""si-Qu.~"t".-crf t~ !\loriA •• ,st-C!uPri-.r d! S.od,o" 10, T","."I,;p ;>.3 IJc<'II.. • ..e .. ,1l" S EcJst-. IV. 0.1., In /(,n,:) eo",,-ty. UJasl,,~1.,,; ~" ... "T 71.... s;,,,i-/, 30 f •• -t j !lJUD E)(c ropT --tJo... ''-~ I/~ -f'"q-Iyl';~ tJo,,+/, "~111.. So.;;/1, 30-f'.,~ 1-.,-f'Sald S4hc/'-lIi:n'o" ; ""d -e.<cvp+ -tN.. Set:1.+ 'flO -N.""t-; AND E-Xc!.EPr -Hu.. -IUO,.i/" I~t..q~ -f~ ... +-o-r+k. ,Sa.t#, nt..</t. -f~,,-t aT if.. ... W~st"" '31.95 -f'.. ... t al'~ .... .6?-a$l 'r' .31'.8 S' -A.... ".f>.,." .... 00+ Joe,./:. l1' -JA .. .!Xi""/' 10 «.1 ...... S o~ til&. (\.)o;;t~""'rl-<;u, .. -t.... .rfl 'II... i\b.''i1lefllf-t'iUq..-t ... -6f' S ", ~ .5i!<£I,." 10 -. --t<>-J<!.Tl1o" ,,:tI. 0" .... s,,~""'·.,L "10:-! ':l'-"SS-, "'J re~ q ..... q ui-jl;-h~s o(./<!. V' i/~ ..... 50,,7-/, 3O-f' .. c"T of> $«,cI su/Jc{,vl_'lon. ~"CEi-_ '-M. ... Uyt-110-~..:f-; ,,, • .j E-XCEi-Pr-71,,_ Eqs'f .30.".. .. 1' af' Sat"" eoS<'lIIei.f-. .. ee .... O& ..... 15 ~ECCt ~ REU S CRSHSL "0403 J..=. &.00 26.00 "'''''''32.00 11 , • ~ ·l.1na Ad~\:at:Jllen1: __ :.o~ .. C!) I~ ... ~ ... n-< m "'0 .... ;:;;; '" . z~ift ~ < "'~ os Oft 0"",9 ., 0,. ... ..-: !If = c::_:-:;, Z,,':... !E C;. MOAT" -("'0 -<:-."2,; '" .. Ie ..... !' , •• .!lS2.: . <:"'0 ~ ~ ffi ... ~ I I I II ~~ " I 1,0 I"'-~ I Lor I~ I ",9 I ~JO I (1.0 Ill. _ ,.I L.of-.!5 . (SG //y!J. sr-) Do !fa"! W'rite 'i!elov This t.ine Ca~1I NOTE I Ap~~Qva~ cf th1s adjua~a"~ does na~ .asuze ~h~ p~ope~y ~e= ~A' *-he .ub'II~~ prape",Y 1~.sel..f bJls sati.fJ.eul 'the SUltll: ... .,::1. Co-.t.y uw.-, cS,i" .. i..i.OD. %e""iJ:~ents IRot 58.17 an:! Rj"J'::I9 C"o~~y TttLe lSI'. l'1C..a.sel be: ac1 ... ·isllld. 'ihst t:uil:tLr:.g penU~$ '-'ill no'C be 2.a3\led 'to lo'Cs vbLc.b : .. !-:'!.:{.,.. .. ~::;..:...s..~~.=.;.;~.~.~;~_~ .*_I!..~+·~.Jlen~'l ,,-l :;~!J 5't.CI.~\I'Ce e.n:S code. ; 1 o ;.~.co -136t~' 'Place Sout.hcaD~, Bellevue, Wash1n8~nn 98006-~400 I .. e A \O-:;).~-os '-t>r \t.,.l7-'i:. as 1'-;-. '* F +. ,,~ s. n<..9/c. ~. N b YI-j F •. , .. ~ S. 10 qcs. 'IEL!i'HO!lE: 296-6640 RECEIVED' DEC 261990 .. . \ ' . .. .;." ;.j RECElvl:.lJ hilS DAY CD FED I) :I lZ III '91 ':O"'H " .. , ... BI·";:;:sQ" , , \ C\ "' ... 10 ~I: \\~ ~~ 1)1)' ~'i:''''''* 01,) .,;}(: I,)U'l: tlO'~ 'Ibis :f.. ~ \ ! • \ -'~\)'" pr "po s eel .... 0<-, , .. =, Brb sed I~ 'I-' ----;r,;;:--;;n;;---lL-, -.;;.r I ... , o ::! '-I::iHSt::l:l $ ni::l~ ::H • .=I:::J31 .::I 'lOatH £" .... ~IJ, ,6 bogndory lino odjuatment rOqUaat: 0 ..p '. 1..0"( ..,0 0- P. -.9 (0 .. ::r = -I'.J c...> fi3 ----.j QUoll!! •• for an oxemption ~nd.r Sootion 19.Z6.030(r) of tbo Rlnq County SuhdlviaioD Cod. and soction 58.11 of tho Revisod Coda of W •• hinqton. It doe. not conotltuto an ••• uranoo that tho n.vl~ oonflqurod lotta, can bo built or aubdivldod 1n·tho futuro. DO.D Not Quality for an oxomption duo to: !liD /11 " i , • r. o ;. :~, ... ,.;,to.,) .. (1....:: ... ::.' ", ~ "\' . :\., '-.'\. '. " '. 20040626000623.001 rleue prmt or type mlofllUlboa' A A C RDER W SHINGTON ST TE RE 0 's C over Sheet (RCW 65 04) Document lltle(s) (or transacllOllS contamed therem) (all ""' .. apphoable ")OUr documoDl!!!!!!! be filled w) I bewfh...Al-::t I a-66'ro~ 12 3 4 Reference Number(s) of Documents assigned or released: Additional reference #'s on page __ of document Grantor(s) (Last Darne, first name, .Dluals) BI6l8e fAIt NIff ~Ie I 16 \-:J r: kll::;'" c::; tile 11 e l£l -, ::.r~.IlejxiI, 2 ..,c.-J , Add.bonal Dames on page __ of documenl Grantee{s) (I,ast name first, then first Dame and mitials) ~ 'tt:~i~~(!r6 1\ : AddJbonai Dames on page _ of documenl Legal description (abbrCVIated I e lot. block, rial or sectJon, lownshlp. r"3) \. en: ~ &:. hi Q ~ I 9"7 L 0 39 J!". ~86Li I \ RT7 . I Adlhbonal legal IS on page __ ofdocumenl Assessor's Property Tax Parcel/Account Number 0 Assessor Tax # not yet IISSlgned 10 l30~ -93g~ IC"l.20~..q;P() /l1'J30!!, -CJ3 L13 J } The AudltorlR<corder win rely on the information ptOVlded on the form The stafrWln Dot read the documenl to vcniY the accuracy or comul ........ of the .DdCXID2 mform.bon UfOVided herem I am requesting an emergency nonstandard recording for an addItional fee as prOVIded In RCW 36 18 0 I 0 I understand that the recormng processmg requlfements may cover up or otherwISe obscure some part of the text of the ongmal document ____________________ ,Slgnature ofRequestmg Party After re<:on:hng relum 10 Amendmenl No 1 of Easemenl Reference No _9102130947 First Party Suellen Warnes 20040525000523.002 Second Party David A WeirICh and Mary V Keech Abbrev Desc LotYofBLA#L97LOI34,#9804131877 Tax Parcels 102305-9382. 102305-9370. 102305-9343 This amendment of Agreement IS made and enlered Into thIS ?l:Ji!! day of .1fi'1 ,200* Whereas. the above descnbed parties are Ihe owners of the properties descnbed as follows Parcel X as descnbed on exhlM -X' Parcel y as descnbed on exhibit "YO Parcel Z as dQ8CObes! on exhibit 'Z' Whereas, thaI certain easemenl for Ingress, egress and uiliolies descrobed under King COIJnty recording No 9102130947. had preViously establoshed and crealed an encumbrance against t~le, And whereas, said parties deSire 10 amend ssld easemenlln certain respects, Now. therefore, In conslderatron of Ihe pramlses herein expressad. the undersigned parties do hereby amend said easemenl as follows Said easemenl shall be descnbed as Ihe wesl20 feel of 101 Y Inslead of the east 20 feel of lot Z This agreement abandons lhe easl 20 feet of lot Z All roghlll and obllgatoons herein shall be deemad to be covenanlll runnong WIth the land and shall be binding upon the parties, their heirs. successors and assigns Except as amendad ~y. thiS Ins.tru~n~ Ihe anginal agreement shall remain In full force and effect ~~/tW2) ~C\. ~ ~ S ndPa aidA lro Stale of Washington County of JK",'N""G",-_...J I, Gall P KruSIC. Notaoy PublIC n!!!JCI for the Stst, of Washl~goln, reSIding el Renlon, Weshmgton. do hereby certify that on thIS '~Y of • 20fl!!.. personally appaared before me ... '0 To me kn nlproven 10 ~ i IndIViduals descnbed ~~nd who execuled the wrthln Inslrument and acknowledged that E.: signed the Bsme 8S::!::!:2. f1& free and YcHunlary act and deed for the uses and purposes h rem mentioned Given Under My Hand and OffiCial Seallh"~~ of ~. 20.a:!:.. ~!:'~~"I • -';" atOll it;..~ '~ ! c..., f ~OTAIf .. ~'\ \ --G:: ~ I\aJC .i J 1d).\'.""9~"" .! "~Q;: ....... " .. : \\\ W __ - '-."" .............. - 20040526000523.003 WASHINGTON SHORT·FORM INDIVIDUAL ACKNOWLEDGMENT _ ..... , ... }ss person acknowledged that he/she sIgned thIs IOstrumenl and acknowledged II 10 be hlslher free and volunlary act for the uses and purposes mentioned In the Instrument MonthiDaylYear My appoIntment expires ./-9 O~ Place Nota", Seal /'IlKNe Momt'IIOayNear 01 Appcnntman1 Expiration ------------------------OPTIONAL------------------------ Although the informatIOn In thIS NCt/Oft IS not reQUlI'9d by laW, It may prove vslU8b16 to porsonslU/ylng on the ctocumenl snd coukJ prevenllrsudulsnl temovs/ and reattachment of this form to aooths, document DescriptIon of Attached Document liUe or Type 01 Documenl IhnwdmH') t of to ~ Documenl Dale '1-'20, 0'-( --->-3-<-__ -:--_ S,gner!s) Other Than Named Above ""''-'-'''''-..I...!''''!'=''-''=-4'-''='t-=;:-.-'-___ --' C 1999 NatIOnal Notary A&socaabon • 9350 De Solo Ava. PO Box 2402· Chatsworth, CA 91313-2402 • wwwn8tlonarnotaryorg hem No 5906. Reorder Call ToIl·Free 1·81)().876·6827 20040525000523.004 .' e::-xJilhr ·'X I' THAT PORTION OF L.0'l' e IN KING COUNTY LOT UNE ADJUSTMENT NO. S90M0425 ACCORDING TO THE ~f' RECORDeD UNDER KING COUNTY RECORDING NO. 91021301147 (BIlING A ReVISION OF LOT A IN LOT UNE ADJUSTMENT NO. 8804024 UNDeR RECORDING NO. 8806150403), LYlNG WITHIN L.OT 1 01' KING COUNTY RWIseD SHORT I'LAT NO. 882009 (ReV.) ACCORDING TO THe MAP R!COROED UNDeR KING COUN'TY ReCORDING NO. 8805261152; TCIGI!TH&R THAT PORTION OF TH& weST 112 PEET OF THE EAST '12 OF THE SOUTH lC ACRES OF THE NORTHEAST 'I. Of THE NORTHEAST ',4 OF SECTtON 10, TClWNSHIP 23 NORTH, RANGE 5 eAST W.M., OESCRIBED AS FOLL.OWS: 8!'GINNING AT THE NOR.THWEST CORNER 01' SAlD WEST 112. FeET OF THE SllB DIVISION; THENCE EAST!II.LV, ALONG TI-I£ NORTI'! UNf OP SAID SUBDIVISION. 57 I'I!!ET TO THE TRue POINT OF BeGINNINGi TMEpjce CONTINUING I:ASTeRLV, ALONG SAID NORTH UNE. 55 FEI!T TO TI-IE EAST U ~E OF SAIO SU8DMSIONi ".leNce SOUTHERl.V, ALONG SAID EAST UN!, 106FEI!T; ".IENCE WEST 22 FEETi THENCE NOR.THWeSTERlY 110 FEET, MORI! OR LESS, TO TI-IE TRUE POINT OF SE.GINNINGi (ALSO BeING KNOWN AS LOT X 01' KING COUNTY BOUNDARY UNE ADJUS1'M!NT NO. L97L0134 ACCORDING TO THE SUR.VEY RECORDEO UNOER RECORDING NO. 9804131977) : SITUATE IN THe coum OF KING, Sf ATE OF WASHINGTON. I ~CiT S OF KING COUNTY LOT UNE AtlJUSTMENT NO. S90M0425 ACCORDING TO THE MAP RECORDEO uNDER KING COUNTY ReCORDING NO. 9102130947 (BEING ~ RE'VISION OF LOT UN!! ADJUSTMENT NO, 8804024 UNDER RECORDING NO. " ee061S0403) WtilCH IS A PORTION Of ~OT 1 IN KING COUNTY REVISED SHO~T PLAT NO. 882009 (REV.) ACCORDING 10 THE MAP RECORDED UNDER KING I COUNTY RECORDING NO. 8805261152; I TOGETHER Wm1 LOT A OF SAID LOT UNE ADJUSTMENT NO. S90M042S. BeING THE WesT 28.85 Fe!!' OF THE eAST 438,85 FEET OF THE NORTH 146.96 FEET OF THE SCIIJTH 176.96 FEET OF THE SOUTH 10 ACRES OF THE NORTHEAST '''' OF THE ' NCIR'1'HEAST ',4 OF SECTION 10, TOWNSHIP 23 NOR.TM, RANGe 5 eAST W.M,; , (ALSO BeING KNOWN A5 LOT Y OF KING COUNTY 80UNDARY UNe ADJUSTME~T NC>. Le7LOUl4 ACCORDING TO THE SURVEY RECORDED UNDER RECORDING NO. 9804131871) SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, 20040525000523.005 TtIAT PORTION OF LOT C IN KING COUNTY LC' " UNE ADJUSTMENT NO. S90M0425 ACCORDING TO THIl MAP RECORDED UNDIlP KING COUNTY RIlCORDING NO 9302130947 (BEING A REVISION OF LOT f, IN LOT uNE ADJUSTMENT NO. 8804024 UNDER ~COIU)ING NO. 8806150403) I.YlNG WESTERLY OF LOT 1 IN KING COUNT'( REVISED SHORT PLAT NO. 88:t009 (REV.) ACCORDING TO THE MAP RI,CORDED UNDER KING COUNTY RECORDING NO. 8805261152; C)(CEPT THAT PORTION OF THE WEST 112 FEET OF THE EAS1" 'h OF THE SOUTH 10 ACRES OF THE NORTHEAST '14 Of THE NORTHEAST V. OF SECTION 10, TOWNSHIP 2.1 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID WEST 112 feET OF THE SU8DIVlSION; nlENCE EASTERLY, ALONG THE NORTH UNE OF SAID SUBDIVISION, 57 FEET TO TIlE TRUE POINT OP BEGINNING; TlIIlNCE CONTINUING EASTERLY, ALONG SAID NORTH UNE, 55 FEeT TO THE EAST UNE OF SAID SU8DIVISION: THENCE SOUTHERLY, ALONG SAID EAST UNE, 106 FEET, TliENCe WEST 22 FEET; TlIENCE NORTHWESTERLY 110 FEET, MORE OR LESS, TO THE TRUE POINT OF 51!GINNING OF THIS EXCEPTION; SITUATE IN THE COUNT'( OF KING, STATE OF WASHINGTON. 20040525000523.006 7-, ---:-BOUNDARY UNE ADJUSTWENT L97LOI j4-"""" / I LOCAlED IN THE He: 1/4 OF THE N£ 1/4 .. OF S£CnON I D, TWP 23 N, R , E. ,./ ,..';! -IIt.Y., KlNG CO. WASHINGTON AC. OF NEI/4. NE 1/4 l(i~~~-._N~£ SEC ~"".+-> z lfit .) '] ! ! r" ,-., i .. , jill ;-. ~ " " ~ n ! Z .. -I !!I!: i ! 0 a.. -.'" , -. i , f-J: .-(( r ! iii' -Zf-Vl ~ . "'I I " r· i el S I ~ /1,1 I "'\ tI I" .. w« 0 ~ P' , :? ~ IL r • I ;1 : I 0:::-1 ... 0 ~ ~ ~w>-', a , -,!i li"'~ _~ .:s b LLo.. ~ ~ I !!~8! i ~ ! ! I ~ c1I1Y 2 ., !i , II ,I Of-,..,. . .I~~ , I 0' ;. >-0::: 'T, ~ illi I ,,' ~:,I, i i! :1 f-O « •. ! ~ 31 i ;1 • ! t·:' , '~<"!I~I _:I: Ill!,1 : '.' ~ ~ U(f) , -' i • I. 7. Z , I ~ •.• ',,";,.-,"; \:1, ... ~' !l!. ... 0' ... '" . a ~, o • ~,.'t.-''''' __ '''''~~ ,. DECLARATION OF COVENANT In consideration of approval by Ring County of an sewage di9 Po,nl] system ,r the p~op~rtf .descdbed SuqOO"fcI "~~ __ , property' ',,",owne~B" covenant an Qqrce au to iows: on-site below, hDl:'sby,;, ' 1. I/We, the grantor herein, ia/are the owner in fee simple of (an -'nterest 1nl property 111thin-:::King''';;': County, which follows (legal description 1 : . V. €" Jil ~ , 'TO PoS 1 ~ ~~~ ~ a res dence ~ on w ch designated add ress of ...J.~~llqjrL_.....lU:::::""'~~'::"'.1.l:&'<4.I"" ~ 2. 3. 4 • I/we have the on-sito property. requested the approval by K1ng county of sewage disposal system for the above described I/Wo recognLze that when the existing septic aystem servln9 the proposed residence fails, an alternative type of septic !lystem such as a ,-,and filter or mound will be required to be installed in the reserve area 8S a repair to the existing system • This Declaration of Conditions, Covenants and Rectrictions 1s binding upon our hclr;s, assignees and succeacoro in interest 4S the owners of the above- described property and is a covenant running with the land. s. This Declaration of Conditions, Covenants and Restrictions shall not be released without the expressed written approval of the Seat.tle-King County Department. of Public rlealth or its succan8or. OWner tBlgnature) On this :;:r'f;'I'day of ~ r. 19Q1.. before me per- sonally appeared ,~~~~~~~~~t:~~~~;;~~~~~~~~;;; to me known to be t 1e ( nd1v duals of tho corporatjon) dCdr.ribod harein and who executed the foregoing instrum(ml ilS their free and voluntary act and deed tor the u!»e:l arid pU["POSCG herein mentioned. Ii: , .. -. .,1; v In • 0') .... ~ V:., .. .~ ~ ~ ;:: ~ ~ o - KING COUNTY WATER DISTRICT NO. 90 KING COUNTY, WASHINGTON " .. AGREEMENT FOR TEMF'ORARV WATER SERVICE ~ THEUNOERSIGNED ...•. S.U .. <;;. ........ vV._.l.'_~~.:: .. s._ .... .L..,,~t.~ ___ str 116' .... ~ (husband and wife), owners altho following described real property In King County. Washington, 10 wi(: (Inserllell~ description). ~ i fI-;r,ic h, j 1;:1 8 ,i ;:: ii r" J ~ ~ '" '" ~ '-;:: rr- .. a For and In conl:flderotlon 01 King County Waler District No. 90. King County. Washington. hereinalter called Dlslrlc granting permission to connect a private temporary IInu to said property, does hereby agree as follows: 1. USES: Woler Servlcu sholl be for one single 'amlly home. 2. EASEMENTS: The Owner sholl oblain from others 01 hlssole cost. all eosoments which may be necuassr lor Ihe In81811allon 0' the temporary service line; and If required by the District as part 01 the consideration lor sai' permission. the undersigned shall grant and convey 10 the District easements over. through. under and across tho abovo described property 'or water mains and appurtenances for the Implementotlon of the comprehensive plan orlc the Improvement 01 the water supply of the system of the Olstrict. 3. COSTS: The undorslgnod agree to pay the following costs: a) meier and service installotion charge $ 4/::Z.6-' D 0 b) general fncllity charge S I~". D G c) special temporary service charge S ~~;l DO· II ~ g> ":"-b 3.!o--;;l..'.3 '1 . .., " J( 16110 .., ~ ;l,:l 30·S'" ~ Theso charges must be paid prior to the District providing any service. (lnslallallon of meier. et cetera) 4. TERM -LENGTH -OF AGREEMENT: This temporary service agreement. and the temporary servlc· provided hereby. shall terminate at such time 8S the Olstrlct has permanent water main service ovallable lor th· prOperly here In question; PROVIDED, that the undersigned shall be enUlled to thirty (30) days' nollce 01 Ih· termination of said agreement. 5, PERMANENT WATER MAIN: At such lime 8S the Olstrlct ha!il available tothe undersigned's property, wale service from a permanent main, the undersigned shall connect 10 said main; and at such tlmo, pay to the Olstrlct th, promla cosl 01 sold moln which Is properly allocated to his properly and shalilurther pay the cost of moving Ihe mule frOI11 lis original locaUon to connect to the new waler moln, together with the cost of connection. Ills agreed an' understood that the cost or such tuture main shgllJ.rlclude the Installation and construction expense of sold maln,th· Dlslllct's administrative overhead charge 01 ~% the engineering and legal expenses aUrlbuted to such mal construction; pursuant to Resolution No. 262, Resolution No. 352 and Resolullon No. 351. 8. ACKNOWLEDGEMENT OF FIRE PROTECTION PROVISIONS: Thot attached hereto is an acknowl edgoment by the owner-applicant that the temporary waler service may not be consistent with the King County Flu Codo Ordinances In providing adequate waler flow for lire protection. . '1. TERMINATION: II thiS agreement Is not fulfilled by the undersigned within nlnetv(90) days 110m the dutec its execution. then the Agreemont sholl become null and yold and the application tee. to be distinguished trom thl cosll'l provided for In paragraph 3 above. shall bocome the proporly 01 the Dlst,lct Bnd all rights of tho ownor andlo undnrslgned sholl be terminated. \ . (~ ___ O ________________ ~ ________________ ~_Q __ (_·dV) ____________ ~;\~_·_\'~. __ ~~.~. __ ::······.-.1 ~ ... -- ., - ' .. . 8. TITLE-PARTIES BOUND BY THIS AGREEMENT: This agreement shall be a covenant running with thE land and shall be binding upon the undersigned. any and all successors In Interesl. heirs. personal representath,ef BssI\.ln9, rentors. and lesaors. IN WITNESS WHEREOF the parties have executed thlsogreement the __ . .1 _____ dBY 01 AID (/ ~ 19tJ~/ ~e~ tVaM'tR&1 ) OWNEP STATE OF WASHINGTON) ss County of King On Ihle day personally appeared batore me _-'.s:..!u:::..!G:....:L::..::L=-::~C!.-...:.=. ___ .!IA/::..!~..:/J:..:...e~...:/I:..V~::~=--::::~!....-_ to me known to be the Indlvldual(s) described in and who executed the foregoing Instrumont and acknowledge' that .sA..cL-slgnad sarna a8~tree and voluntary Bel and deed tor the uses and purposes therein mentioned GIVEN under my hand and otllclal seal this --....JL---,9--....,..~:l;g1!L;!4~:....,~----'. 190:1/ r\J NOTARY PUBLIC In and for t ~ residing Bt L£..P::....1.i':.. .s Ii'" r- N STATE OF WASHINGTON) sa county 01 King /.3',et?..,,.... 4-~ ONrI9.5 /A s"" On this day personally appeared before me .:.::.::.=-__ ..:..;~~~ to me known to be the President Bnd Secretary reapeollvuly 01 KING COUNTY WATER DISTRICT 90, one acknowledged that they were authorized to execute the within Instrument on the District's behalf, that they execuh 8ame 8S their free Bnd voluntary act and deed lor the uses and purposes therein m~'"tloned. IVEN under my hand and otflcalsBBI this ___ -'/"q7._7~'-_,day or /l/ 0 v 1902' I0a....cL~:::;;L ' NOTARY PUBLIC In and ~ the State of Washington. ,esldlng at /2$"'Y S G" (3 Y r7t...- KING COUNlY WAlER DIST. 90 15601> S. E. 1281h SIr .... ' Renton, 'NoJ1llngton 98069 ,e,,_T._ """AI. \ r 1 ·1 • \ \ (', __ C!> __________ n._. _______ ...... -:_:-0....;(3;, •. "'. 11') ________ ..l; .. A;j;,"'':: .. ·:!:..' ~, ..... ",,' . .::.1..::c..,:::1~· . " .. ~ " /' / / !;!.. ~ :!! % >- :;' is " ~ d ~ S~ , , ~ , -~ , ~>- "'\!> N :;;/= ~ ~;J r- z;§: N ::~ z>-r:r-~~ 8 ... · =. o. ~ =~ ;~ ;! :; z o o - .. CD 25/,l./1 r-------~r,-~-~7~',-\\~'--~~~~,,~,~~~~------77~:5~~.r.~,---------__ -, . \ f:O"'" ""'1.8:'''';-::5.2. ~ - I<ING COUNTY WATER DIST, ~ IIi606 S, E, 128"' S1!eot RenfOn, Wa.h/r,,,,,,," _ \ • ~ , .--; o ~~Tl IN 11.,. --To ~' /". - 1 r ~ / I I::c>'; This I-baWldru:y Ilno adju.tmant Z'oquoot: , , " ' , 0 ~ '. 1'1 .. 10 sli lib'!' / l·t C/ ):' " Q, "'i " Il1 II) .... ~f/P~ eXI;,h ~8S ~~ --II LOT 0-Po 0 -s oJ> ::r .... [) I II 0,61<> , ,;>1?115 \ , , ( :.' '. ,: ~~ , .- -. i';" ~'I ~ ~ ! " , \i r i Quol1tlas tor an e_omptlon undor Section 1,.2G.OlOCF) or tbo King County Subdlvlalon Cod. and Sectioh 58.17 ot tho Rov! •• d Coda of W •• hlngton. It doa. nDt con.tituto an n.'-Uranee that tho nowly conflOuZ'oci 10'Ca) con 1 bo bull t or aubdlvldod in tho futuro. . .... ,. . . ~ @ ·H~. . :\:~4i·~~'':it'1.o.~ ' .. ~·L_ .. ~ \ ~. g ~ '" i !.i u ~ LO -.l) .q M AFTER, RECORDING RBTURN TOI ESCROW ADVANTAGE INC 1~411 HE 124TH 9T #171 .~. KIRKL~ND WA 98034 . REI t,93-193 o - ROAP MINT.INANe' AGBBBMJNT This a9'reemen~ eneered into this 1 4ay of .4lu:4qZ" ./' by R~ .!t'u'w property oWner. ",hooB eddrBeo j.o f't/ffJ..9 6. c:. llJ.-M.. g; 7(utN! LEGALaThe S 30ft of the HB i-of Section lO,Tovnship 23 N. RaDse 5 H., '~'. ,' •. UnB CountJ' I Waah~ BlCBPT t:bat portioa in .148th A'f' SB. Contains an area of 38.~03.2 Sq Ft. or 0.89 Acres, MIL. RfW 58 116th St. ~a party hereto agrees as tollows: N· To 8GSuma responsibility for the maintenance and '~Qpa1r ror thm road dosoribed above. Tho aost of any such rapaira ~ .maintenanae to be borne equally between all par~eB havi~ acceoe and usa of said road tor'~urpoDaG ot 1n~aQs and apoIDo. M a- .• ,1:,' The partiDa avroe that t.he road ebal.]' be "1ntainod J.n ita preBent stato. and the above pa .. ty sha.ll hava &1\ 01:l119&t10n· to lIainta1n the road 1n its p .. esent oond1t10n So that ,aocese may bo f .. oaly had to aaqh propo .. ty ownor'on the subject . road. In the evant that any party dealreo to '1111»~OVB the· ~a&d to an oxtont q .. eato .. than ~ts p~f~nt'Qona1t101\,' muCh 1mp~ovementa muat ~e a9~eed upo~ in aavanoe, if tho expenoa is t.o lHI ahal"ed by any othor party. . . . Th1s maintenanoe ag .. eellent ~elateD to thB abo~ ~D0t"1bed pz:.opel:ty anc1 is. binding upon th·~ party hoZ"oto, ',:bla hoizoEl, .UC08DOOt'C and 8ssigno in parp i t:ui ty. '. Xn V1tr&~8B1 wbereof, ;t have ai·~J.xed my eivnature'tl\10 day ... ~& year a& noted above. Sworn beforo me thl0 O~ttJ~ ~ ~ ;~ 10 ~ ~ :~. .J. i i! iii ~ , o - BOaD HAXNTBNANCPj l\GBBmmfT Th1a "9>'eall\en~nl:ared 1nl:o this y~ day of: pSC by ~r. tid '~>d property oimer, WhOSG addreso .I.~r'S'£If.G rz,: ;llZ-. t.EQAL_'l11e S 30ft of the HE i of Section lO,Tovnahi.p 23 Nt Ranae 5 B. ·,t. " •. '1101 Count,.. Wash. BJCEPT that port1.on 1n .148th A., SB. Contain. en area of 3B.~03.2 Sq_Ft, or 0.89 Acres, MiL. atv SE 116tb St. The party hereto agrees De tollowSI To aBsume responsibility far the maintenance and repair tor tho road docodbcd above. Tho oo"t of any .... ch ",.pairs Or . maintenance to be borne ·equally between all parties having aCQQGS and uso of sa1d ~oad for'~urpooOB of lngrQdB and ataToco • Tho parties agroe that tho 'road 8ha~1 be'maintaiftQd 1n ita present atate, and ·the above party shall haVe an obl1\Jation' . to maintain the road in tts present condition SO that ·accese may bo ltrooly bad to oaq/l prop"rty own .... · on the Dub:) oot . . road. :En the event that any party deait'all to ilDl:!l'OVe the' road to an extent greator than litll prei\Dnt·aonal1:f1on,· ouch improvements must be agreed upon 1n .avanoe, if the expenoe 1s to·be shared by any other party. . . T~1a maintenance agreement rel.~ea to the abo~ ~Bcribed property and 1a. bincUng upon tho party horat.o, ',.hie hoizoD, .UO~Q.SO~D and assiqns in parpltuity. . In v:l.tnaaa vh.~eof, J: bave aff...lxod my oi9ft.ture'~io day oll •• A yea~ as noted abovG. Sworn be~oro mo this or(()~ j":' -' . • of" o - MAp MAINTgNANC§ aGMBP'T This 8vreement ente~ed into th1e ,_..<Ie~_ day of! {I_e , --IJI~':'L -by ~:t.t 4'io" '1""'1': 10 ''a+!C-£t'-1M. At property o)m8Z'. whose addreaB LEGAL:l1I.e S 30ft of' the HE i of Section IO.Township 23 H, Ranle 5 EI ',',"'.' I1n8 CountJ', Wash. EXCEPT that portion in .148th AT SB. Contalna an area of 38.~03.2 Sq Ft. or 0.89 Acre., HfL. ltv SI 116th St. The pal'ty he .... to II!;IZ'B .. a as follows I To aaaume .. esponsibility fo .. the maintenanae and 'repair fa .. tho road desoribed IlbovD. Tho aoat of IIny such ropairs or .ma1ntenance to be borna equally between all part1ea having aceeao and uoo of said road tor~urpoGoc of 1n~BOo and IIogzo0DO. Tho part.J.caD agree that the road sba11 be maintainod. in ita »~OBent a~ate. and the above pa¥ty sha~1 bay. en ob11vatlon . to ma1nt .. in th .. road in tts present condition So that,aoae.o .... y be froely had to .. aCl,1l proporty own .... 'an 'i:he Bub:ladt -, raaeS. In tha avant that any pal'ty das1rao to iIDRZ'Ova the' " raaeS to an oxtont lI .. oat .. r than 'it" pZ'!' ...... nt 'aondition; such .improvements must be &Q'~eed upo~ in a'dVanoe, 11' the expenoa is to be shared by any ot:her party. ' .• '1'1I1s aa1ntensnce 8!;1Z'eement relate .. to ,thD """VI'> cSiiscdkd propezty and ia· bincUnCiJ upon tho party baret.o, ",hiD hoiro, . I5IUCCOIJOOrD and aIJIJiVUIJ 1n parpi t::ui ty. " Xn wltnJaB vbereot, :t ha.ve .fr.;lxDd my o:l.pature,'tJ\io d:ay~~ year aD notod abovo. 8wont bo:foro IDO thio Of{()~ ;: r , o - ROAR MaiNTENANCE AGBIEMINT 'l'h1 ufltf r ... m'Jt JJntpf'£ into thia.. e'" da:y o~ pec.Efoot8ER by ~~ ~ Jr;y~ property OWnB~. whose ad~sB " 10 .Y<fJ.8 Se II!,,'" Sr· LEGAL I The S 30ft of the HE t of Section 10. Township 23 H, Ranae 5 E, ,'. r.11lB Count1, Wash. EXCEPT that portion in .148th A' S8. Contains an area of 38.~3.2 Sq Ft, or 0.89 Acrea, HiL. RIV 5B 116th St. The party hereto a~eea as follows I "TO assum. responsibility for the maintenancs and "r.pair tor tho road dooQribo4 above. The coat of any ouch repairs or maintenance to be borne equally bstween all part!.e having BecaGD and uoe o:t sa14 road ror'",u~pOBOEJ o:t ln9Z'eco and aqzooac. Tbo part~oG a9~Qe that the road ahall bo maintained ~n ito pre8ent state, and the abova party sba11 bava 8n obligation' . to msintain the road in its present condition $0 that "acoeas may bD troDly had to oach prop~rty owner "an the .Ubjaat " I'oacl. In the event that any Pllrty de.iree to iIDRZ'oV& the' road to an oxtent. O'reator than ,its pr~a.Dnt.· ccmc1i'tion,' ouch improvements must be agreed upo~ in advance, if the expence ill eo be shared by any other party. . . . This maintenanoe agreement relat.es to t.he aboVD d.scribed property and is· binding upon th'o party heZ'oto, :.bio hob's, suooOCDors and aDsiqna in parpituity. '. In V1tn~B8 wbe~eot. 1 year as noted above. sworn bB~oro me this of· .~ •• ..1. , 'i o - DEC-e?-l993 12128 FRa1 TYEE I'I:JRTGAGE TO 12062'71B?96 P.~ ROAD M&YNTJNANCS AGRIIMENT 8~ dey of oec, ~~~~~~~~~C2~~~---"breperty oWner, whose address LEGAL. The S 30ft of the NB * of Section la, Tovnahi.p 23 N I Ranae 5 E, kina County, Wash. EXCEPT that portion in ,148t:h A., SE. Contains an area of 38.~3.2 Sq Ft. 01' 0.89 Acrea, H/L. R/W SE 116th St. The party hereto agrees aD tollOWSI To assume responsibility for tha maintanance and 'repair t~ tho road doocribod abovo. The coat of any ouch ~.pair. or maintenance to be borne equal1~ between all pa~tles having aCC~DD and UDO of sai4 road for'~urpoaoo of lngreQm and aq&"OQD. Tho partiea agree that the road. ahall. be ma:tntalnod in lta pa:esent state, and tho above party Mall bave 8ft obllgat1on to main~ain the road in its present condition SO that ·aooe •• may be freoly bad to OAch proPQrty ownar on the .Ub~.ot road. In the event tha~ any pa~y deai~ea ~o improve the' . road t:o an oxtont qroa tar than 'i til p,,~s, .. nt, concU tion, "uoh improvements must be ag~ead upon in advanae. if the expenoa is to 1>0 sharee! I>y any oth .... party •. Th1s maintenanoe 8Vreement rela~eB to the a~~ described property and i8. l>incUnc;r upon th·" party hereto, .bio boi .. D, IlIUClcaIDOO&'D and. .. Dalpo in parpltu.ity.. '. %n WitnO'88 whereot' .. ;t liavo attJ.xod my aJ.Vnatuq' th:lo yeDr aa noted abovo. Sworn before mo this ot(j}~ r ',' , o - ROAP MAINT·gNANel AgRBmg;rn: ThJ,B agrelOJllent entered into th1a 8'd da:\, ot,-V,? 4· by dr, @!. .... .J 0?A 4:r 9 a1 property otm81"', whoae addt'aae .1.0 l"tIMO ;pt=' II&., ..st.. LEGAL. '11le S 30ft: of tho HE t of Seetio1l 10, Tovnah:1p 23 N, RaD.e , RI" ...... ' •. I1as CountJ, V_h. BlCIPT that portioa 1n .148th A. SB. CoataUla aD area of 38.t;'03.2 Sq Pt, or 0.89 Acree, HtL. ltv SB 116th St. The party hereto agrees as follows I To adouma responsibility for the maintenance an4 'ropD1r'for the roa" desoribed above. The OOllt of anI <\ucoh rBp"ira or maintenance to ba borne equally between a 1 parties having Daaeme and uno of aaieS road ror'~urpoaQo o~ Im~sa and avroao. Tho partiDa agreQ that the road shall be 'aatntalnod 1n ito present state, and the above party shall bave 6n Ob11vat1on° . to maintain the road in its present condition $0 that ,aooe" .. may bo frooly had to aacb property ownar' on the 0l1li:1001: . . road. In thu avenl: thaI: an:\, party dalli"g toJIDDJ'Qva tha' , road to an oxtent qroator than ~t. pr~~n~·ao ition,' DUOh improvamenta .. uat be ag~eacl upon in ailvanoe, if the axpenoa iu to a IIbared by any other party. . . . This maintenance agreement rel.toB to the llbo~ dbacr~ proPGZ'ty and lu· bindinIJ upon tho party hoZ'",to,"bio hobo, SUCCOGOO~O and .~s~9n. in parp1~uity. '. In wltn~a8 wbe~eot. z have .(~~xod my DivnBt~e'thle day~~ year as noted above. sworn bD~O~. me tbia Of!d~ ... .. -~ 20060916000746.001 Return Address: . City. Clerk's Office , ···1111111111111111 20050915000745 ~~..w. [i2!l ORO 88. Ie 19' 5'1. ;a~ &8 Kl COUN I WA City of Renton 1055 s. Grady Way Renton WA 98055 Pl .... p"o, 0' 'yp.lnro,m.Uoo WASHINGTON STATE -RECORDER'S Cover Sheet (RCW 6S.04) Document Tltle(s) (or transactions conlained lIlerein): (.11 ..... applicable to your documcnt!!l!!!1 be filled in) f. Ordinlln"ll !iQ, 5147 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference ii's On page __ of document Grantor(s) (Last name, forst name, initials) I. Cj't~ <;>£ Bee toe , 2. . Additional names on page __ of document. Grantee(s) (Last name fust, lIlen fust name and initial.) 1. , 2. , '. Additional names on page __ of document. - Legal description (abbreviated: i.e. lo~ bloCk, plat or section, township, range) ~bgt· RQ;t:ticn ·gf the east half {] L21 of the Nc:t:tbeast .quarter of Section 10, Township 23 N()rth, Range Additional le8/l1 is on page --6-of document Assessor's Property Tax Parcel/Account Number' o Assessor Tax # not yet assigned 102305939Q and ctb:aJ:s , The AuditbrlR.ccorder will rely on the information provided on the fonn. The staffwiQ not l~ad the document 10. verify the accuracv or conmteteness of the indexine: irif'onnation Drovided herein. i .. , I am requestmg an emergency nonstandard recordmg for an additional fee as proVIded m RCW 36.18.010. I understand that the recording processing requirements may cove\-up or otherwise obscure SO!11e part of the text of the original document. ; ____________ -,-___ -c-___ ,Slgnature of Requesting Party Cl1Y OF RENTON, WASIDNGTON ORDINANCE NO. 5147 AN ORDINANCE OF ,THE Cl'IY OF RENTON, WASHINGTON ANNEXING CERTAIN'1'ERRlTORY or THE CITY OF RENTON (WEDGEWOOD LANE ANNEXATION; FILE NO; A-64-OOS) 20060916000746.002 WHEREAS, UIlder the provisions ofRCW 35A.14 .. '120 as amended, a petition In writing requesting that certain territory cOntiguous to the "City of Renton, as described below, be annexed to the City of Renton, was presented and filed with the City Clerk on or about Jan1liii}' 18, 200S; and WHEREAS, prior to the filing and circulation of said petition for annexation to the City of Renton, the petitioning owners notified the City Council of their intention to oolDJl1ence such ~ings as provided by law, as more partiaJIarIy specified in RCW 3SA.14.120, and upon public hearing thereon, it having been determined and the petitioning owners having agreed to assume their fair share of the JlI"Xisting outstanding Indebtedness of the City of Renton as it pertains to the territory petitioned to be lU1IItIXed; and to accept that portion of the City's Comprehensive Plan as it pertains to the territory including the applicable Zoning Code relating thereto; and WHEREAS, the King County l>epartDIent of Assessmenta has examined and verified on or about February 4, 2005 the signatureS on the petition for annexation and determined signatures represent at least sixty percent (60%) of the assessed value (excluding streets) of the area to be annexed, as provided by law; and CERTIFICATE .. ' ," .... -" unders'gned City Clerk of the , .• " ~ R£N •••• I,~e I • . , ,... ~ ........ ..r 0, CIty of Renton, Washmgton, certify ',. "'~/~ -. ..... that this is a true and correct copy of : ;;: ... '-"'~' Ort/ioonCt! No. SlII7 . Subscribed , \ U\S t. Po. i ~ and ~eded ~ thls~day of it: ,2005" :.:. ~ •. . ... ~ . ~ Itl,;.t @QI___._ ~:'.r:, ••• 0 ,.' rk ~"Jl~:;~':t~'; :..,:.~.~_t..'\ ... City etc :·Ii;;. 20060916000746.003 . ORDINANCE NO. 5147 WHEREAS, the Economic: Development, Neighborboods and Strategic: Planning Department of the City of Renton having considered and recommended the anoexiog of BBid property to the City of Renton; and WHEREAS, the City Council fixed March 14, 2OOS, as the time and place for public: hearing in the City Council Chambers, City HaI~ Renton, Washington, upon the petition and notice thereof having been given as provided by law; and WIIERMS, pursuant to said notices, public: bearings have been beld at the time and place specified in the notices, and the Council having considered all matters in connection witb the petition and further determined that all legal requirements and p~ of the law applicable to the petition method for annexation have been met; and WHEREAS, theKiog County Boundary Review Board having deemed the "Notice of Intention" approved as of May 17, 2OOS; and WHEREAS, the City of Renton is conc:urrent1y zonins the annexatioo site R-4, four units per net acre; NOW, TImREFORE, THB CITY COUNCll. OF THB CITY OF RENTON, WASHINGTON,DOES ORDAIN AS FOILOWS: SECDON ][, The findings, recitals, and determinations are heRby found to be true and correct in all respects. All requirements of the law in regard to the annexation by petition method, including the provisions ofRCW 3SA14.120, 130, 140 and ISO, have been met. It is further determined that the petition for annexation to the City of Renton of the property and tenitOfY described below is hereby approved and granted; the fbllowing described property being contiguous to the City limits of the City of Renton is herebyanoexed to the City of 2 20050915000745.004 ORDINANCE NO. 5147 Renton, and SUIlb annexation to be effective on and after the approval, passage, and publication of this Ordinance; and on and after said date the property sball constitute a part of the City of Renton and sbaIl be 8\lbjec:t to all its laws and ordinances tben and tberesfter in force and' effect; the property being described as fonows: See Exhibits « A" and "8" attadted bereto and made a part hereof as if fully set forth herein [Sai~ property. approximately 35.68 acres in area, is generally ~ed east of 144 Avenue SEhencbo AYl!DIlc NB. if extended, and west of 148 Avenue'NU.@ Avenue NB. north of SE 11,.. Street, and west of Honey Creek, south of SE II'" Street, if extended.} and the owners of the property within the annexation sbaIl assume their fair share of the . outstanding indebtedness of the City of Renton as prescribed in RCW 3SA14.l20 as it pertains to the property. and the property shall be 8\lbject to t1ie City's Comprehensive Plan and Zoning Code. SECTJOND. This Ordinance sbaIl be effective upon its passage, approval. and five days ~ its publication. A certified copy of Ibis Ordinance shall be filed with the King County Council. State of Washington. and as otherwise provided by law. PASSED BY TIm CITY COUNCIL this 27th day Of_ .... ,Iljlll<n"'e ___ ...>. 2005. Bonnie I. Walton, City Clerk 3 20060916000746.006 ORDINANCE NO. 5147 APPROVED BY THE MAYOR this 27th day of __ ~J~un!.!;e~ ___ -" 2005. Ap~ed as to form: ;/~aw~ Lawrence 1. Wamm, City Attorney DateofPubliC8tion: 7/1/2005 (summary) ORD.1191:6106/05:ma 4 .•.... . ' .,<?~~ .. ? .. ~~.~: . .'Iq~'" ,'" a::" -",'" .. ,« :~ .... ~ 'I.: .':~. 0, "'-:" '. U' . '. ~-I"'" J •••..... /.; ......... ,c· o lJrC'''' .••. ................... , , ORDINANCE NO. 5147 [) '0 W'edgewood Lane Annexation o I Figure 3: existing Structure Map <::) Exlsting stnd\II8 _ -Renton City UmIIa • 400 r 8 20060915000745.006 Exhibit A D 800 I 1: 4800 e. Econo.mic Development. Neighborhoods & Strategic Planning + ~ + Alex Picllch. Admlnlsmtor ~ O. Del Rosado ,. AMelfItIoo ~mlYdlffrlrom dilIgnInL 8 OctobeJ2004 PIeat .. _~IofDc::tuaf~, m!!II Proposed Amexatloo Area i • ORDINANCE NO. 5147 ExhibitB WEDGEWOODLANEA~TION LEGAL DESCRIPTION 200609160007 ~6.007 That portion of the east half (112) of the Northeast quarter of Section 10. Township 23 . North, Range 5 East, W.M., King County, Washington, lying southerly oftbe south line of the plat of Honey Creek Estates, as recorded in Volume 63 of Pia IS, Pages 30 and 31, records of King County, Washington, and the westerly and easterly extensions thereof, and lying northerly of the north line of the south 990 feet of said Northeast quarter of Section 10; EXCEPT the east 30 feet thereof for County Road (1481h Avenue SE); TOGETHER WITH Lot C of King County Boundary line Adjustment No. l1l4LOOSS, as recorded in Volume 180 of Surveys. Pages 222 and 223. under King County Recording No. 20041223900001, in the east half (1/2) ofsaid Section 10. : II ., ! 20030711000408.001 -1111111111111111- 20030711000408 , ReCOrillng -req-uesiiid by; (sf When recorded return to. Custom Recording Solub~na 2550 N. Radhfll Ave. Santa Ana, CA. 92705 80o-756-3524ext.5Dll ';483'11 -, CU8IGn OT 34.11 :9,t,"&J"J"e KING COUNTY. IIA Assessor's Parcel or Account Number 102305938205 Abbreviated Legal Descnptton " lIB a LlIZ '9"9*(.. /oJf'~ ~f~ Si-d'll TW ... ~3"; ~'~5£" ",.M. .¥ (Include 101, block and plat or "CCllOn, lownstup and ranle] full legal descnpllon located on page l: I f,p Trustee H AND L SERVICES, INC. -----------[5pac. Above 11us LIne For Recor ..... 0.181,----------- DEED OF TRUST DEFINITIONS Words used In multiple sections of thIS document are defined below and other word. are defined In SectIOns 3. 11. 13. 18.20 and 21 CenalD rules regardIng the usage of words used In thIS document are also provided In Section 16 (A) "Security Instrument" means thiS document. which IS datedJUNB 01, 2003 together With all RIders to IhlS dOClJtIlOllt (B) IlBorrower" IS SUELLBN WARNES. A SINQLB PBRSON Borrower IS the trustor under thiS Security Instrument (C) "Lender" IS WELLS FARGO BOMB MORTGAGE, INC. 0026422626 WASHINGTON-SIngle Famllv-Fannle Mat/Freddie Mao UNifORM INSTRUMENT .... OIWA) 100121 Page 1 01 15 VMP MORTGAGE FORMS (0001521-7291 Form 3048 1/01 -" COle116 12108GR1<tO 20030711000408.002 Lender IS a CORPORATION organIzed and eXlSllng under the law. of THE STATE OF CALIl'ORNJ:A Lender'. address IS P.O. BOX 10304, DBS MOINBS, IA 503060304 Lender IS the beneficiary under this Secunty Instrument (D) "Trustee" IS H AND L SERVICES. INC. 1111 3RD AVBNUB, So:ITE 3400, SEATTLE, WA 98101 (E) "Nolell means the pronussory note signed by Borrower and dated JUNB 01, 2003 The NOie states that Borrower owes Lender SBVEHTY ONE THOUSAND SBVBH HtJNDRBD BIGHTY AND 00/100 Dollars (U S $.* *. *71,780.00 ) plus mterest Borrower has proffilsed to pay thiS debt In regular PertodlC Payments and to pay the debt on full not later than JtJNB 01, 2018 (F) "Property" means the property that 15 descnbed below under the headmg "Transfer of Rights In the Propeny • (G) "Loan" means the debt eVIdenced by the Note, plus IDterest, any prepayment charge. and late charges due under the Note, and aU sums due under thiS Secunty Instrument. plus mterest (II) "Riders ll means all Riders to thiS Security Instrument that are executed by Borrower The follOWIng RIden are to be executed by Borrower (check box as applicable) § Adjustable Rate Rider § Condommlum Rider § Second "Home Ruler Balloon RIder Planned Unit Development RIder 1-4 Farruly RIder VA RIder BIweekly Payment RIder Other(s) (Specify) (I) II ApplIcable Law" means all controlhng apphcable federal, state and local statures, regulations, ordonances and adnnrustratlve rules and orders (that have the effect of law) as well as all applicable final, non-appealable JudlClal OpiniOns (J) "Community Association Dues, Fees, and Assessments 'l means aU dues. fees, assessments and other charges that are unposed on Borrower or the Property by 8 condomaruum assoclallon, homeowners asSOC18tton or simtiar orgamzatlon (K) IIFJectroDlc Funds Transfer" means any transfer of funds, other than a transaction ongmated by -check. draft. or sundar paper lDstrument, which 15 lDl11ated through an electromc ternunal. telephonic IIlstrument, computer, or magnetic tape so as to order. IIlstruct. or autbonze a fmanela! msOtutlon to debit or credit an account Such tenn Includes, but IS not hmlted to. pOIn1-of-sale transfers. automated teller machine transaCtiOns, transfers JOltlated by telephone, wire transfers. and automated cleannghouse transfm (L) "Escrow Items" means those Items that are descnbed In Section 3 (M) "MI.cellaneous Proceeds" means any compensatoon, settlement, award of damages, or proceed. paId by any third pany (other than lO.urance proceeds paod under the coverages descnbed on SectIon 5) for (I) damage to, or destrucuon of. the Propeny, (n) condemnation or other takmg of aU or any pan of the Property, (111) conveyance In heu of condemnauon. or (IV) rrusrepresentauons of, or omiSSIOns as to, the value and/or condition of the Property (N) "Mortgage Insurance" means InsUrance protectmg Lender agamst the nonpayment of, or default on, the Loan (0) "Periodic Payment" means the regularly scheduled amount due for (I) pnnclpal and Interest under the Note. plus (11) any amounts under Section 3 of thiS Security Instrwnent ~.8IWA)(OOI21 .. Page 20t 16 Form 3048 1/01 CO"", 12106GR101O 20030711000408.003 (p) "RESPA" means the Real Estate Settlement Procedures Act (12 USC SectIon 2601 et seq ) and Its Implementing regulallOn. Regula"on X (24 C F R Part 35(0), as they mIght be amended from tIme to time. or any addulonal or successor legIslation or regulatJon that governs the same subject mailer As used In thIS Secunty Instrument. "RESPA" refers to all requirements and restflCtions that are Imposed In regard to a "federally related mongage loan" even If the Loan does not qualify as a "federally related mongage loan" under RESPA (Q) "Successor In Interest of BOlTOwer" means any party that has taken utle to the Pn'peny, whether or not that pany has assumed Borrower's obllgauons under the Note and/or thIS Secunty Instrument TRANSFER OF RIGHTS IN THE PROPERTY ThIS Security Instrument secures to Lender (t) the repayment of the Loan, and all renewals, extensions and modlflcauons of the Note, and (u) the perfonnance of Borrower's covenants and agreemenlS under thIS Secunty Instrument and the Note For thiS purpose, Borrower Irrevocably grants and conveys to Trustee, m truSt, With power of sale, the followmg dosenbed propeny located III the COUNTll' of KING! (Type of Recordllll JurlSdlCuon) (Name of RC(..Ordm. JunsdlCllOn] See Bxhibit A attached hereto TAX PARCBU NOKBBR.10230593820S TAX STATBMBN'l'S SHOULD BB SBNT TO. WBLLS FARGO HOMB MORTGAGB, XNC., P.O. BOX 10304, DBS MOINES, IA 503060304 PsrceIID Number 102305938205 14600 SB 116TH aT aBNTON ("Property Address") which currently has the address of [S"'''I [CIIY! ,Washmgton 98059 IZop Code! TOGETHER WITH all tbe tmprovements DOW or hereafter erected on the propeny, and all easements, appurtenances, and fi.tures now or hereafter a part of the propeny All replacements and additIOns shall also be covered by tJus Secunty Instrument All of the foregomg IS referred to 1D thIS Secunty Instrument as the "Propeny " BORROWER COVENANTS that Borrower IS lawfully seISed of the estate hereby conveyed and has the nght to grant and convey the Propeny and that the Propeny IS unencumhered, except for encumbrances of record Borrower warranlS and Will defend generally the tIt!e to the Property agalDS! all c1a;rns and demands, SUbject to any encumbrances of record THIS SECURITY INSTRUMENT combmes umform covenants for national use and non-umform covenants With lIooted vanatlons by Jurlsdlctton to constItute a umform secunty Instrwnent covermg real propeny __ 6IWAIIOO'21 Page 3 of 15 Form 3048 1/01 C016118 12106GRlo1O 20030711000408.004 UNIFORM COVENANTS Borrower and Lender covenant and aglee as follows 1. Paymenl or Prtndpal, Inleresl, Escrow Items, Prepaymenl Charges, and Late Charges. Borrower shall pay when due the Principal of. and mterest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note 80rrower shall also pay funds for Escrow Items pursuant to Section 3 Payments due under the Note and thiS Seeunty Instrument shall be made In U S currency However, If any check or other Instrument receIved by Lender as payment under the Note or thiS Secunty Instrument IS returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and thiS Secunty Instrument be made 10 one or more of the followmg Conns, as seleeled by Lender (a) cash. (b) money order, (c) cerI1fied check, bank check, lreasurer'. check or cashier's check. provided any such check IS drawn upon an mSlItullon whose deposit' are msured by a federal agency, Instrumentahty, or entity. or (d) Electromc Funds Transfer Payments are deemed receIVed by Lender when recelVed at the location desIgnated tn the Note or at such other location as may be desIgnated by Lender In accordance with the notice proVIsIons In Section 15 Lender may return any payment or panlaI payment If the payment or parlIa) payments are insuffiCient to brlOg the Loan current Lender may accept any payment or panlal payment IOsufflclent to bring the Loan current, Without waiver of any rtghts hereunder or prejudIce to Us rights to refuse such payment or panlal payments In the future. but Lender IS not obhg81ed to apply such payments at the time such payments are accepted If each PeriodIc Payment IS apphed as of tis scheduled due dale, then Lender need nOI pay mterest on unapplIed funds Lender may bold such unapphed funds unul Borrower makes payment to bnng the Loan current If Borrower does nol do so wltJun a reasonable penod of lime, Lender shall e .. her apply such funds or return them to Borrower If not apphed earher, such funds wlll be apphed to the outstand1D8 pnnclpal balance under the Note Immediately pnor to foreclosure No offset or chum which Borrower ought have now or 10 the future agamst Lender shan relIeve Borrower from makmg payments due under the Note and thIS Secunty Instrument or perfomung the covenants aod agreements secured by thIS Secunty Instrumenl 2. Appllcallon of Payments or Proceeds, Except as OtherwIse descnbed m thIS SectIon 2, all payments accepted and applted by Lender shall be applted lD the followmg order of prlonty. (a) mterest due under the Note, (b) pnnclpal due under the Note, (c) amounts tJue under Secllon 3 Such payments shall be applted to each PerIodIC Payment m the order m whIch It bee .... due Any lenuuDlng amounts shall be apphed first to late charges, second 10 any other amounts due under thIS Security Instrument, and then to reduce ,he pnnclpal balance of the Note If Lender receIves a payment from Borrower for a dehnquent Periodic Payment whIch Includes a suffiCient amount (0 pay any late charge due, the payment may be applIed to the dehnquent payment and the late charge If more than one Penodlc Payment IS outstandmg, Lender may apply any payment receIVed from Borrower to the repayment of the PenodlC Payments If. and to the extent that. each payment can be paid ID full To the extent that any excess OXlsts after the payment IS applied to the full payment of one or more PerIodIC Paymen,s, such excess may be apphed to any late charges due Voluntary prepayments shall be apphed first to any prepayment charges and then as described In the Note Any application of payments. Insurance proceeds. or Miscellaneous Proceeds to pnnclpal due under the Note shall not extend or postpone the due date, or change the amount. of the Pertodll Payment. 3. Funds for Escrow Items. Borrower shalJ pay to Lender on the day Penochc Payments are due under the Note, until the Note 15 paid 10 full, a sum (the "Funds") to proVIde for payment of amounts due for (a) laxes and assessment. aod other Items wblch can attlUn pnortty over thIS Secunty Instrument as a hen or encumbrance On the Property, (b) leasehold payments or ground ren18 on tbe Plopeny, If any, (c) prenuwns for any and all Insurance reqUIred by Lender under SectIOn S, and (d) Mortgage Insurance prenuums, If any, or any sums payable by Borrower 10 Lender to heu of tbe payment of Mortgage Jnsurance premIums In accordance With the proVISions of Section 10 These Items are called "Escrow Items " At ongtnatlon or at any time dunng the term of the Loan, Lender mey requIre that Community ca·8 IWAlIOO'21 .. Page 4 of 16 Form 3048 1'01 C018118 12108GR1~ 20030711000408.006 ASSOCiation Dues. Fees, and Assessments, If any, be escrowed by Borrower, and such dues, fees and assessments shaJl be an Escrow Item Borrower shall promptly furnish to Lender all DOUCes of amounts to be paId under thIS Secllon Borrower shall pay Lender the Funds for Escrow Items unless Lender Waives Borrower's oblIganon to pay the Funds for any or all Escrow Items .... nder may waIve Borrower', oblIganon to pay to Lender Funds for any or all Escrow Items at any lime Any such waIver may only be m wrlnng In the event of such Waiver, Borrower shall pay dIrectly, when and where payable, the amounts due for any Escrow Items for wh.ch payment of Funds has been Waived by .... nd.r and, If Lender reqUIres, shall furrush to Lender receipts evldencmg such payment wlthm such time penod as Lender may require Borrower's oblIgallon to mae such payments and to proVIde recetpts shall for all purposes be deemed to be a covenant and agreement contamed m thiS Secunty Instrument, as the phrase "covenant and agreement" . IS used ID Secuon 9 If Borrower IS obhgated to pay Escrow Items directly. pursuant to a waiver. and Borrower falls to pay the amount due for an Escrow Item, Lender may exercISe ItS nghts under SecI10n 9 and pay such amount and Borrower shall then be obhgated under Section 9 to repay to Lender any such amouru Lender may revoke the waiver as to any or all Escrow Items at any tunc by a noUce given 10 accordance WIth Secllon I S and, upon such revocallon, Borrower shall pay to Lender all Funds, and 10 such amounts. that are then reqUIred under thiS Secuon 3 Lender may, at any time, collect and hold Funds m an amount (a) suffiCIent to permit Lender to apply the Funds at the ume specllied under RESPA, and (b) no. to eXceed the maxImum amount a lender can reqUJfe under RESPA Lender shall estimate the amount of Funds due on the basiS of current data and reasonable estimates of expendJ.rures of furore Escrow Items or othel'Wlse In accordanre Wlth ApplIcable Law The Funds shall be held In an mstltutlOD whose depoSIts are InsUred by a federal agency. Instrumentality, or enmy (lOcludmg Lender, If Lender IS an IOstnutIon whose depOSitS ale so IOSUred) or In any Federal Home .... an Bank Lender shall apply the Funds to pay the Escrow I.ems no later than the t11110 spec.fied under RESPA Lender shall not charge Borrower for holdmg and applymg the Funds, annually analyzmg the escrow account, or verlfymg the Escrow Items, unless Lender pays Borrower IOterest on the Funds and ApplIcable Law pernuts Lender to make such a charge Unless an agreement is made In wntmg or Applicable Law requires IOterest to be paid on the Funds. Lender shall not be requlI'ed to pay Borrower any mterest or eammgs on the Funds Borrower and Lender can agree 10 wrttlng. however, that mterest shall be p81d on the Funds Lender shall g.ve to Borrower, w.thout charge, an annual accounllng of the Fund. as reqwred by RESPA If there IS a surplus of Funds held m escrow, as defined under RESPA, LendeT shall account to Borrower for the excess funds In accordance Wlth RBSPA If there 15 a shortage of Funds held 10 escrow, as defmed under RESPA, Lender shall notify Borrower as reqUIred by RESPA, and Borrower shall pay 10 Lender the amount necessiuy '0 mae up the shortage In accordsnce WIth RESPA, bu. m no more than 12 monthly payments If there IS a defiCIency of Funds held In escrow, as defined under RESPA, Lender shall nonfy Borrower as reqUIred by RESPA, and Borrower shall pay to Lender th. amount necessary.o make up the defiCiency m accordance With RBSPA, but In no more than 12 monthly payments Upon payment In fuJI of all sums secured by thIS Secunty Instrument, Lender shall promptly refund to Borrower any Fund. held by .... nder 4. Cbarges; LIens. Borrower shall pay all taxes, assessments, charge., fines, and ImpoSlUons altnbutable to the Property whtch can attam pnonty Over th.s Secunty Instrument, leasehold payments or ground rents on the Property, If any, and Commumty ASSOClatlon Dues. Fees. and Assessments. If any To the extent that these items are Escrow Items. Borrower shall pay them In the manner provlCied In Section 3 _S(WA) (0012) Page 5 of 16 Form 3048 1/01 C01&110 121oeGR140 20030711000408.006 Borrower shall promptly dIscharge any hen whIch has PrIOrIly over thIS SecUIl!y Inslrumenl unless Borrower (a) agrees 10 WrIUng to the payment of the obhgatlon secured by !he hen 10 a manner acceptable 10 Lender, but only so ]ong as Borrower IS perfomung such agreement, (b) contests the hen 10 good f81th by, or defends a8alOst enforcemenl of the hen tn, legal proceedlOgs whIch 10 Lender's OplOton operate 10 prevent the enforcement of the hen while those proceedmgs are pendmg, but on1y unul such procee<imgs are concluded. or (c) secures from the holder of the hen an agreement satisfactory to Lender subordmatlOg the hen to thiS Secunty Instrument If Lender detenrunes that any pan of me Property IS subject to a hen which can auaIn prlOnty over thiS Security Instrument. Lender may give Borrower a nouce Identlfymg the lien WUhm 10 days of the date on which that nouce 18 given, Borrower shall S8USfy the lien or take one or more of the actions set forth above ID thIS Section 4 Lender may require Borrower to pay a one-llme charge for a real estate tax verlficallon and/or reponmg service used by Lender In connection with thiS Loan 5. Property Insurance. Borrower shall keep the Improvemenls now existIng or hereafter erected on the Property msured agaInst loss by fire. hazards mcluded wlthm the term "extended coverage. W and any other hazards mcludlOg, bul nor IlJDIled 10, eanhquakes and floods, for which Lender requIres InsUrance TIus Insurance shall be maIntained In the amounts (InCludmg deductible levels) and for the periods that Lender requires What Lender reqUires pursuant to the precedmg sentences can change durmg the tenn of Ihe Loan The insurance carner proVldlOg !he Insurance shall be chosen by Borrower SUbjecl10 Lender's nght 10 dISapprove Borrower's ChoIce, whIch nght shall not be exercISed unreasolldbly Lender may require Borrower to pay, an connection W1th thiS Loan, either (a) a one~ume charge for flood zone detenmnauon. certlficaClon and traclung servICes, or (b) a one-tnne cbarge for flood zone determmatton and certification services and subsequent charges each lime remappmgs or SImilar changes occur whIch reasonably trughl affect such delenrunanon or cenlflcauon Borrower shall also be n.'sponslble for !he paymenl of any fees Imposed by the Federal Emergency Management Agency In connecl1on WIth the review of any flood ZOne detennmatlon resulting from an objection by Borrower If Borrower fatls 10 mamlalD any of the coverages descrIbed ahove, Lender may obtatn Insurance coverage, at Lender's option and Borrower's expense Lender IS under no obhgatlon to purchase any particular type or amount of coverage Therefore, such coverage shall cover Lender. but ought or might not protect Borrower. Borrower's equity In the Property. or the contents oCthe Propeny. agamst any nsk, hazard or habdny and rrught provl(ie grcaler or lesser coverage than was previously In effect Borrower acknowledges Ihat the cost of lhe msurance coverage so obtamed mIght Slgnlflcanlly exceed the cost of msurance thaI Borrower could have obuuned Any amounts dlSbw3ed by Lender under tblS Secllon S shall become addmonal debt of Borrower secured by tlus Secunty Instrument These amounts shan bear mterest at Ihe NOl. rate from !he date of dIsbursement and shall be payable, WIth such 100eresl, upon nOllce from Lender 10 Borrower requesllng payment All msurance pohclcs reqwred by Lender and renewals of such pohcles shall be subJect to Lender's nghl 10 dISapprove such pohCles, shalJ mclude a standard mongage clause, and shall name Lender as mongagee andlor as an addlUonaI loss payee Lender shall have !he nghllO hold the pohcles and renewal certlficales If Lender requIres, Borrower shall promptly gIve 10 Lender all receIpts of patd pretruums and renewal notices If Borrower obuuns any form of Insurance coverage, nol o!helWlse reqwred by Lender, for damage to, or destruction of. the Property, such polIcy shall Include a standard mongage clause and shall name Lender as mongagee and/or as an additional loss payee In the event of loss, Borrower shall gIve prompl nOllce to the msurance camer and Lender Lender may make proof of loss If not made promptly by Borrower Unless Lender and Borrower OtherwIse agree In wtltm8, any Insurance proceeds. whether or not the underlYlOg Insurance was requll"ed by Lender. shall be applIed to restoration or repall of the Property. If the reSlOratton or repall IS economically feasIble and Lender's securIty IS not lessened DUrIng such repalf and rcslorallon pertod, Lender shall have the nghllO ••• ,WAIIOO 121 .. Pege e of 16 Fonn 3048 1/01 20030711000408.007 hOld such Insurance proceeds un111 Lender has had an opportumty to inspect such Property to ensure the work has been completed to Lender's satlsfacnon, provided that such Inspection shall be undenaken promptly Lender may disburse proceeds for the repairs and restoration In a smgle payment or In a senes of progress payments as the work 15 completed Unless an agreement IS made In wntmg or Applicable Law reqwres mterest to be paid on such Insurance proceeds, Lender shall not be reqUired to pay Borrower any mterest or cammgs on such proceeds Fees for publIc adjusters, or other Ihm! partlcs. retamed by Borrower shall not be patd out of the msurance proceeds and sllall be the sole obligation of Borrower If the restoration or repair IS not economically feasible or Lender's secunty would be lessened, the Insurance proceeds sl1al1 be applied to the sums secured by thIS Securtty Instrument, whether or not then due, WIth the excess, If any. p81d to Borrower Such Insurance proceeds shall be apphed 10 the order provided for 10 Sechon 2 If Borrower abandOrlS the Property, Lender may file, negottate and settle any avatlable msurance chum and reJated matters If Borrower does not respond Wltlun 30 days to a notice from Lender that the msurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim The 30-day penod wtll begm wben the notice tS gIven In etther event, or If Lender acqUtres tite Property under Section 22 or otherwise, Borrower hereby~ assigns to Lender (8) Borrower's nghts to any msurance proceeds In an amount not to exceed the amounts unpaid under the Note or tlus Securuy Instrument, and (b) any otber of Borrower's rtghts (other than the nght to any refund of unearned pmmums p81d by Borrower) under all Insurance pohcICS covermg the Propeny. Ulsofar as such nghts are apphcable to the coverage of the Property Lender may use the Insurance pi oceeds either to repmr or restore the Propeny or to pay amounts unpaid under the Note or thiS Secunty Instrument, whether or not then due 6. Occupancy. Borrower shall occupy, eSlsbllsh, and use the Property as Bom>wer's prmctpal residence wahm 60 days after the execUtion of thiS Secunty Instrument and shall conunue to occupy the Propeny as Borrower's pnnclpal reSidence for at least one year after the date of occupancy, unless Lender otherWIse agrees to wnllng, wluch consent sllall not be unreasonably WIthheld, or unless extenuatlDg CircumstanceS exIst Whlch are beyond Borrower's control 7. Preservation, Maintenance and Protedlon or the Property; Inspections, Borrower· sl1al1 not destroy. damage or IInp81r the Propeny, allow the Property to detenorate or comrrut waste on the Propeny Whether or not Borrower IS resldmg 10 the Property, Borrower shall mamtam the Property In order to prevent the Property from detenoratmg or decreasmg In value due to Its coruhuon Unless n IS detenruned pursuant to SectIOD 5 that repSlr or restoratton 15 not econonucally feasible, Borrower shall promptly repaIr the Property If damaged to aVOId further detenorallon or damage If Insurance or condemnauon proceeds are paid m connection WIth damage to. or the talang of, the Propeny, Borrower shall be responstble for repamng or restortng tbe Propeny only tf Lender has released prooeeds for such purposes Lender may disburse proceeds for the repairs and restoratlon m a smglo payment or lD a series of progress payments as the work tS completed If the Insurance or condemnatton proceeds are nol suffic""'1 to repaIr or restore the Propeny, Borrower IS not relIeved of Borrower's obligation for the completion of such repaIr or restoratIon Lender or us agent may make reasonable mtnes upon and IDspectlons of the Propeny If u has reasonable cause, Lender may Inspect the tolenor of the Improvements on the Property Lender shall glVe Borrower notice aI: the time of or pnor to such an lOtenor IDspecnon apeclfymg such reasonable cause 8. Borrower', Loan Application. Borrower shall be to default If, dunng the Loan applicatIon process, Borrower or any persons or entities scung at the dU'eCtIon of Borrower or With Borrower's knowledge or consent gave matenally false, mls1eadlOg, or maccurate mfonnatlon or starements to Lender (or fatled to proVide Lender With matenal mformauon) 10 connection With the Loan Matenal representations Include, but are not limIted to, representations concemmg Borrower's occupancy of the Propeny as Borrower's pnnclpal resIdence ~.6IWAIIOOI21 Pege 7 of 16 Form 3048 1/01 COHI1" 1210s0RT40 20030711000408.008 9. Proledlon of Lender'. Inlerest In the Properly and Rights Under Ihls Securlly Inslrumenl. If (a) Borrower fatls to perform the covenants and agreemems contamed In thiS SecUrity Instrument, (b) 'here IS a legal proceedmg that might slgmflcantly affect Lender's mterest In the Property and/or rights under thIS Secunty Instrument (such as a proceedmg on bsnIuuptcy, probate, for condemnatIon or forfeIture, for enforcement of a hen which may attain prlonty oyer thiS Security Instrument or to enforce laws or regulation.), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever IS reasonable or appropriate to protect Lender's mterest In the Property and nghts under thiS Security Instrument. mcludmg protectmg and/or assessmg the value of the Property. and secunng and/or repalClng the Property Lender's actions can IDclude, but are nol limited to (a) paYIng any sum. secured by a lien whIch has pnonty over thIS Secunty Instrument, (b) appearong on court, and (c) payong reasonable attorneys' fees 10 protect Its mterest In the Propeny and/or nghts under thiS Security Imlrument, mcludmg ItS secured POSItion In a bankruptcy procecdmg Secunng the Propeny lOcludes, but IS not limned to, entermg the Property to make rep&lrs, chsnge locks, replace or board up doo,," and Windows, dram water from pipes. ehmmate bulldmg or other code ViolatIons or dangerous condItIons, and have utl.lmcs turned on or off Although Lender may take actton under thIS Section 9, Lender do.. not have to do so and IS not under any dUly or obhgatIon to do so It IS agreed that Lender Incurs no hablhty for not taking any or all actions aulhonzed under thIS Secuon 9 Any amounts dISbursed by Lender under thIS Sect,on 9 shall become additional debt of Borrower secured by thl. Secunty Instrument These amounts shall bear mterest at the NOle rate from the date of dISbursement snd shall be payable, Wltb such mterest, upon noltce from Lender 10 Borrower requestmg payment If thIS Security Instrument IS on a leasehold, Borrower shall comply WIth all the prOVIsIons of the lease If Borrower acqUires fee title to the Propeny, the leasehold and the fee utle shall not merge unJess Lender agrees to the merger In wfltmg 10, Mortgage Insurance. If Lender requIred Mortgage Insurance as a condlDon of makmg the Loan, Borrower shall pay the preIlUUnlS required to mamtam the Mortgage Insurance 10 effect If, for any reason, the Mortgage Insurance coverage reqUlI'ed by Lender ceases to be avatlable from the mortgage UlSurer that prevIously proVIded such InSurance and Borrower was reqUired to maIce separately designated payments toward the prenuums for Mortgage Insurance, Borrower shall pay the prerruums requIred to obtam coverage substantially eqUIValent to the Mortgage Insurance prevIOusly In effect, at 11 cost substantially eqUIValent to the COSt to Borrower of the Mortgage Iosurance preViously m effect, from an alternate mortgage Insurer selected by Lender If subalantlalIy eqwvalent MOrtgage Insurance coverage IS not avaIlable, Borrower shall contlDue 10 pay to Lender the amount of tbe sepanuely desIgnated payments that were due when lhe InsUrance coverage ceased to be tn effect Lender wtll accept, u'" and retam these payments as a non-refUndable loss reserve 10 beu of Mortgage Insurance Such 10... reserve shall he non-refundable, notwtthstandmg the fact thallhe Loan I. ultunately paid In full, and Lender shall not be reqUlred to pay Borrower any tnleJ'e8t or earnmgs on such loss reserve Lender can no longer require loss reserve payments tf Mortgage Insurtlnce coverage (10 the amount and for the penod that Lender requlIes) proVIded by an Insurer selected by Lender agam becomes avaIlable, IS obtamed, and Lender reqUIres separately dcslgnated payments toward the prenuums for Mortgage Insurance If Lender required Mortgage Insurance as a condition of makmg the Loan and Borrower was reqUIred to make separately designated payments toward the premIums for Mortgage Insunmce, Borrower shall pay the premiums requIred to malntam Mongage Insurance m effect. or to proVide a non·refundable loss reserve, unul Lender's requirement for Mortgage Insurance ends m accordance With any wnnen agreement between Borrower and Lender provldmg for such tenrunatlon or untd termtnatlon IS reqUIred by Applicable Law NothlDg 10 thts SectIon 10 affects Bonower's obhgauon to pay mterest at the rate proVided In the Note Mortgage Insurance reunburses Lender (or any enuty that purchases the Note) for cenam losses It may lIlcur If Borrower docs not repay the Loan as agreed Borrower IS not a party to the Mortgage Insurance Mongage InSurerS evaluate thetr total nsk on all such msurance ID force from tIme to tIme, and may enter Into agreements with other partIes thel share or modlfy thelt nsk, Or reduce losses These agreements are on lerms snd conditions that are satISfactory to the mortgage Insurer and the other party (or partIes) to these agreements These agreements may requn"C the mortgage Insurer to make payments usmg any source of funds thel the mortgage Insurer may have aV&lIabIe (whIch may meInde funds obtaJned from Mortgage IrlSurtince prennums) ~.6(WA) (0012' Pege 8 of 16 Form 3048 1101 C01"" '21OSGRt40 20030711000408.009 As a result of these agreements. Lender. any purchaser of the Note. another mSUJer, any remsurer, any other enllty, or any affll,.te of any of the foregomg, may receIve (dlrecUy or IDduectly) amounts that denve from (or nught be characterized as) a portion of Borrower's payments for Mortgage Insurance, m exchange for shanng or modifYing the mortgage msurer's nsk. or reducmg losses If such agreement provl(les that an affiliate of Lender takes a share of the msurer's fisk 10 exchange for a share of the preIniums paid to the msurer, (he arrangement IS often tenned Mcaptlve reinsurance II FUr1her (a) Any sueb agreements will not affect the amounts that Borrower bas agreed to pay for Mortgage Insurance, or any other terms of the LoaD, Sueb agreements will not Increase the amount Borrower will owe for Mortgage Insurance, BDd they wiD DOt entitle Borrower to any refund. (b) Any such agreements WIll not affect the rights Borrower has" If any " With .... pect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law, These rlgbts may Include the rlgbt to receive certain disclosu..... to requesl and obtain cancellation of Ihe Mortgage Insurance, to have the Mortgage Insurance terminated automatically. andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of surb cancellation or tennination. 11. Assignment or Miscellaneous Proeeeds; Forfeilure. All MIscellaneous Proceeds are hereby assIgned to and shall be paId to Lender If the Propeny IS damsged, such Miscellaneous Proceeds shall be apphed to restoration or repair of the Propeny, tf the resloraMn or repatr tS econotrucally feasible and Lender's secunty IS not lessened Dunng such repair and restorauon pertod, Lender shall have the nght to hold such MlScdlaneous Proceeds unlll Lender has had an opponunlty to Inspect such Property to ensure the work has been completed to Lender's sausfacuon, proVided that such mspecuon shall be undertaken promptly Lendrr may pay for the repairs and restoration m a smgle dIsbursement or In a series of progress payments as the work IS completed Unless an agreement IS made m wrltlng or Applicable Law reqUires mterest 10 be p81d on such MIscellaneous Proceeds, Lender shall not be reqUtred to pay Borrower any mterest or earmngs on such MIscellaneous Proceeds If the restorallon or repatr tS not economIcally feasible or Lender'. secunty would be lessened, the Mtscellaneous Proceed, shall be apphed to the sums secured by thIS Securny Instrument, whether or not then due, Wtth the exoess, If any, patd to Borrower Such MIscellaneous Proceeds shall be apphed m the order provtded for to Secuon 2 In the event of a total takIDS. destrucuon. or loss In value of the Property. the Miscellaneous Proceeds shall be apphed to the sums secured by thIS Secunty Instrument. whether or not then due, Wtth the excess, If any, patd to Borrower In the event of a pamal talong, destructIon, or loss to value of the Property to whIch the frur market value of the Propeny Iffilnedlately before the partIal talong, destructton, or loss to value lS equal to or -greater than tho amount of the sums secured by thIS Secunty Instrument unmechately before the parllal talang. destruction. or loss In value, unless Borrower and Lender Otherwise agree In wntmg. the sums secured by thIS Secunty Instrument shall be reduced by the amount of the Miscellaneous Proceeds multlphed by the followmg fractIon (a) the total amount of the sums secured tlrunedlalely before the partIal talong, destructIon, or los, 10 value d,Vided by (b) the fatr market value of the Property ttrunedllltely before the pamal talang, destructIon, or loss m value Any balance shall be pmd to Borrower In the event of a parttal talong, destructIOn. or loss 10 value of the Property 10 whleb the fatr market value of the Propeny Itrunedlately before the partial talong, destructIon, or loss m value IS less tban the amount of the SUJDS secured lOunedlately before the parllal talong, destrucuon, or loss to value, unless Borrower and Lender otherwIse agree 10 wntmg, the MIscellaneous Proceeds shall be apphed to the ,ums secured by thlS Secunty Instrument whether or notth. ,ums are then due If the Propeny IS abandoned by Borrower, or If, after notice by Lender to Borrower that the Opposmg Party (as dermed 10 the next sentence) offers to make an award to settle a claIm for damages, Borrower falls to respond to Lender wlthm 30 days after the date the notice 18 given, Lender IS authorized 10 collect and apply the M,scellaneous Proceeds etther to restoratton or repair of the Property or to the sums secured by thIS Secunty Instrument, whether or nol then due "OpPO'lDg party" means Ihe thtrd party that owes Borrower Miscellaneous Proceeds or the pany 8gamst whom Borrower has a nght of action m regard to M1scellaneous Proceeds Ciii!I!-6IWA1100121 .. Page 9 of 15 Fonn 3048 1101 CO",,8 12106GR140 20030711000408.010 Borrower shall be In default If any· action or proceeding, whether civIl or crmunal, IS begun that, 10 Lender's Judgment. could result m forfeiture of the Property or other matenal IInpamnent of Lender's mterest m the Property or nghts under thIS Security Instrument Borrower can cure such a default and. If acceleration has occurred, remstate as proVided In Section 19, by causmg the action or proceedmg to be dISmIssed with a ruhng that. m Lender's Judgment. precludes forfeIture of the Propert~ or other matenal ImpaIrment of Lender's mterest m the Property or fights under thIS Secunty Instrument The proceeds of any award or claIm for damages that are atlflbutable to tho unpatrment of Lender's mleresl m the Property are hereby assIgned and shaU be paId to Lender AU MIscellaneous Proceed. that are not apphed to restoratIon or repaIr of the Property shall be applied m the order proVIded for In SectIon 2 12. Borrower Not Released; Forbearance By Lender Not a Waiver. ExtenSion of the tIme for payment or mod,fication of amortIzation of the sums secured by thIS Secunty Instrument granted by Lender to Borrower or any Successor m Interest of Borniwer shall not operate to release the liabIlity of Borrower or any Successors In Interest of Borrower Lender shall not be reqUired 10 commence proceedlOgs agamst any Successor In Interest of Borrower or to refuse to extend tune for payment or orhel'Wlse modify amortIzation of the sums secured by thIS Secuflty Instrumenl by reason of any demand made by the ongmal Borrower or any Successors m Interest of Borrower Any forbearance by Lender 10 exercIsmg any nght or remedy IIlcludmg. Without hnutahon, Lender's acceptance of payments from thud persons, entItles or Successors m Interest of Borrower or m amounts less than the amount then due, shall nol be a waIver of or preclude the exercIse of any nght or remedy 13. Joint and Several LiabIlIty; C .... lgners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obhgatlons and hab~lty shall be Joml and several However. ""y Borrower who co-sIgns tin. Secunly Instrument but does not execute the NOle (a "co-sIgner") (a) IS co-Slgnmg thIS Secunty Instrumenl only to mortgage, grant and convey the co-Slgner's mtcrosl m the Property under the terms of Iht. Secunty Instrument. (b) IS nol personally obhgated to pay the sums secured by thIS Secunty Instrument. and (c) agrees Ihat Lender and any other Borrower can agree to extend. modIfy, forbear or make any accommodatIOns with regard to the tenns of thts Security Instrument or the Note without the CO·Slgner'S consent Subject to the proVISIon. of Secllon 18. any Successor In Interest of Borrower who assumes Borrower's obhgallons under thIS Secunty Instrument m wnlmg. and IS approved by Lender. shall obtam all of Borrower's nghts and benefits under thIS SecUrlly Instrument Borrower shall not be released from Borrower's obhgallons and lIablhty under thIS Secunty InstrUmenl unless Lender agrees 10 such release m wntmg The covenants and agreements of thIS Secunty Instrument shall bInd (except as proVIded m Section 20) and benefit the successors and assIgns of Lender 14. LoaD Charges. Lender may charge Borrower fees for services performed In connection Wlth Borrower's default. for the purpose of protectmg Lender's mteresl m Ihe Property and rights under thIS Secunly Instrument. mcludmB, but nol Imuted to, attomeys' fees. property mspecuon and valuatIon fees In regard to any other fees, the absence of express authonty m thlS Secunty Instrument to charge a specdic fee to Borrower shall not be construed as a prohlblllon on the chargmg of .uch fee Lender may not charge fees that are expressly prohtblted by thIS SecurIty Instrument or by Apphcable Law If the Loan IS subject 10 a law whIch sets maxunum loan charges. and that law " finally Inlerpreted so lhat the mlerest or other loan charges collected or to be collected m connection WIth the Loan exceed the pemutted hnuts. then (a) any such loan charge shsll be reduced by the amount necessary to reduoe lhe charge to the pemutled hnul, and (b) any sums already collected from Borrower whIch exceeded penrutted hmlts WIll be refunded to Borrower Lender may choose to make IhlS refund by reducmg the pnnclpal owed under tho Noto or by malang a dIrect payment to Borrower If a refund reduces pnnclpal. the reducllon Will be treated as a panlal prepayment WIthout any prepayment charge (whether or not a prepayment charge IS proVIded for under the Note) Borrower's acoeptanoe of any such refund made by dIrect payment to Borrower WIll conslltute a W8lver of any fight of acllon Borrower nught heve ansmg out of such overcharge 15. Notl .... All notIces gIVen by Borrower or Lender m connecllon With thIS Secunty Instrument must be 10 wntmg Any notice to Borrower 10 connectlon With tlus Securtty Instrument ')hall be deemed to have been gIVen to Borrower when matled by first class mati or when actually dehvered to Borrower's ~8IWAlIOO' 21 Page 10 of 15 Form 3048 1'01 COl!11! 12106GR140 20030711000408.011 DOUce address If sent by other means Notice to anyone Borrower shall constitute notice 10 all Borrowers unless Applicable Law expressly reqUIres otherwISe The nOtice address shall be the Propeny Address unless Borrower has deSIgnated a substitute notice address by nottce 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 Secunty Instrument at anyone tllne Any notice to Lender shalI be gIVen by dellvenng It or by mrulmg It by first class mall to Lender's address stated herem unless Lender bas designated another address by notice to Borrower Any notice In connection with thiS Secunty Instrument shall not be deemed to have been given to Lender unttl actually received by Lender If any notice reqUired by thiS Secunty Instrument IS also reqUired under Applicable Law, the Applicable Law reqwrement Will satisfy the correspondmg requtrement under this Secunty Instrument 16, GovernIng Law; Severability; Rules or ConstructIon. ThIS Securuy Instrument shall be governed by federal law and the law of the JurISdiction m Which the Property IS local ed All nghts and obhgauons contamed In thiS Secunty Instrument are subject (0 any requirements and !lmn8.ttons of Apphcable Law Apphcable Law might exphcllly or Impheltly allow the parties to agroe by contract or II mIght be silent, but such silence shall not be construed as a prohIbmon agams. agreement by CODlract In the event that any provIsion or clause of thiS Security Instrument or the Note conn lets with Apphcable Law, such eonnlct shall not affect other proVISions of thIS Secumy Instrument or the Note which can be given effect Wltbout the confhcung proVISion As used m tht. Security Instrument (a) words of the masculme gender shall meao and melude correspondmg neuter words or words of the femmme gender. (b) words In the smgular shall mean and mclude the plund and vice versa, and (c) the word "may" gives sole dIScretion without any obhgatton to take any action 17. Borrower's Copy. Borrower shall be given one copy of the Note and ofthts Secunty Instrument 18. Transfer of the Property or a Benefictal Interest In Borrower. As used 10 thtS SCCUon 18, 'Interest 10 the Propeny' means any legal or benefietal mterest In the Property, meludtng, but not limned to. those bencfictal mterests transferred 10 a bond for deed, contract for deed, mstallment 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 propeny or any Interest tn the Propeny IS sold or transfened (or If Borrower IS not a natural person and a benefiCIal mterest 10 Borrower IS soJd or transferred) Without Lender's pnor written consent, Lender may require Immed.ate payment tn full of all sums secured by thIS Secunty Instrument However, thts optton shall not be exercJsed by Lender If such exerc.se IS prohibited by Apphcable Law If Lender exercISes thIS optton, Lender shall gIVe Borrower notice of acceleration The nobce shall provtde a penod of not less than 30 days from the date the nottce.s g.ven tn accordance WIth Section IS wlthtn which Borrower must pay all sums secured by thts Secunty Inst"""""t If Bo. rower fall. to pay these sums pnor to the exptratton of thIS period. Lender may mvoke any remodtes penrutted by t1us Security Instrument without further nonce or demand on Borrower 19. Borrower's RIghI to Reinstate After A<ceieratlon. If Borrower meets certam condlttons, Borrower shall have the right to have enforcement of thIS Secunty Instrument dlsconbnoed at any ttme pnor to the. earh .. t of (a) five days before sale of the Propeny pursuant to any power of sale contamed m thiS Secunty Instrument, (b) such other perIod as Applicable Law might Specify for the tennmal10n of Borrower's fight to remstate, or (c) entry of a Judgment enforcmg thiS Security Instrument Those condtllons are that Borrower (a) pays Lender all sums which then would be due under thIS Secunty Instrument and the Note as If no acceleration had occurred. (b) cures any default of any other covenants or agreements, (c) pays all expenses IOcurred 10 enforcmg thiS Secunty Instrument, IDcludmg, but not hmlted to, reasonable attorneys' fees, propeny mspecnon and valuation fees, and other fees tncurred for the purpose of protecung Lender's mterest m the Property and rtghts under thIS Secunty Instrument, and (d) takes such action as Lender may reasonably reqUIre to assure that Lender's mterest 10 the Property and nghts under t1us Securtty Instrument, and Borrower's obhganon to pay the sums secured by th.s Secunty Instrument, shall COnttnue unchanged Lender may requtre that Borrower pay such retnstatement Sums and expenses 10 one or more of the followmg fonns, as selected by Lender (a) cash, (b) money order, (e) @ ... 6tWAII00121 Page11of16 Form 3048 1/01 C01(1:11(1: 121oeGRl40 20030711000408.012 cendied check, bank. check, treasurer's check or cashier's check. proVided any such check IS drawn upon an mslltutJon whose deposits are Insured by a federal agency, lnstrumentalny or entity, or (d) ElectroDlC Funds Transfer Upon reInstatement by Borrower, thIS Secunty Instrument and obhgatlons secured hereby shall rem21n fully effective as If no acceleration had occurred However, this naht to remstate shall not apply In the case of accelerallon under Section 18 20. Sale of Note; Change of Loan Servlcer; NotIce of Gnevanc:e. The Note or a parual Interest In the NOle (together with thiS Security Instrument) can be sold one or more times Wlthout pnor nouce to Borrower A sale ought result In a change In the entuy (known as the "Loan Servlcer") that collects PeriodIC Payments due under the Note and thIS Security Instrument and performs other mortgage loan servicing obhgatlons under the Note, thiS Security Instrument, and Applicable Law There also ought be one or more changes of the Loan Servlcer unrelated to a sale of the Note If there IS a change of the Loan Servlcer. Borrower Will be given wntten nohce of the change which Will state the name and address of the new Loan Servlcer, the address to which payments should be made and any other mrormallon RESPA requires 10 cormectlon With a notice of transfer of serviCIng If the Note IS sold and theleafter the Loan IS serviced by a Loan Servlcer other lhan Ihe purchaser of the Note, the mortgage loan sel VICIng obhgatlons to Borrower Wlll remam With the Loan ServIccr or be transferred to a successor Loan Se1'VICer and are not assumed by the Note pun:haser unless otherwISe proVIded by the Note purchaser Neither Borrower nor Lender may commence, JOIn, or be JOIned to any JudICial action (as either an mdlVldual lItIgant or the member of a class) that artses from the other party's actIons pursuant to thIS Secunty Instrument or that alleges that the other party has bresched any proVISIon of, or any dUly owed by reason of, thIS SecurIty Instrument, untIl such Borrower or Lender has notified the other party (Wlth such notice gIven In comphance WIth the reqUIrements of Section IS) of such alleged breach and afforded the other pany hereto a reasonable penod after the giVIng of such noUce to take corrective action If Apphcable Law proVides a Inne penod Which must elapse before certain achon can be taken, that ume perIod WIll be deemed to be reasonable for purposes of thIS paragraph The notice of acceleratIon and opponunlty to cure Biven to Borrower pursuant to SectIon 22 and the notice of acceleration given to Borrower pursuant to Secuon 18 shall be deemed to satisfy the nouce and opportumty to take correctIve action proVISIOns of thIS Section 20 ZI. Hazardous Substances. As used In thIS Section 21 <a) "H112Mdous Substances" are those substances defined as tOXlC or hazardous substanceS. pollutants, or wastes by Environmental Law and the followmg substances gasoline, kerosene. other flanunable or toXIC petroleum product" toXIC pestlcules and herbiCides, volatile solvents, marerlals cont81rung asbestos or fonnaldebyde, and radioactIve matenals. <b) "EnvIronmental Law" means federal law. and laws of the JUrI,wetlon where the Property 18 located that relate to health, safety or envllonmental proteCtIon, (c) "EnvIronmental Cleanup" Includes any response actlon, remed18l actIon, or removal actIon. as defined In EnvIronmental Law, and (d) an "Envlrorunental Condmon" means a condition that can cause, contribute to. or OthClWlSO tngger an Envuonmental Cleanup Borrower shall not cause or penmt the presence. use, diSposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Sub.tances, on or In the Property Borrower shall nol do, nor allow anyone else to do, anythlllg affecung the Property (a) that IS III VIolatIon of any EnVlromnental Law, (b) which creates an Envll'Onmental Condluon. or (0) Which. due to the presence. use, or release of a H112Mdous SubstanCe, creates a condllton that adversely affects the value of the Property The precedlllg twn sentences shall not apply to the presence, use, or storage on the Property of small quanutles of Hazardous Substances that are generally reoogruzed to be approprIate to nonnal resldenual uses and to maIntenance of the Property (mc1udmg, but not hUllted to. hazardous substances 10 consumer products) Borrower shall promptly gIVe Lender wntten notIce of (8) any mVe5ugauoD, chum. demand, lawsuIt or other acUOD by any governmental or regulatory agency or pnvate pany IDvolvmg the Property and any Hazardous Substance or Environmental Law of wluch Borrower has actual knowledge. (b) any EnVIronmental Condlllon, Ineludmg but not htruted to, any spIllIng, leaktng, dIscharge, lelease or threat of ~ ... 8IWAlIOOt 21 Page 12 of 15 Form 3048 1/01 001e1 18 '2'08GR1~ 20030711000408.013 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 IS noufied by any govenunentaJ or regulatory authonty, or any prIVate pany. lbat any removal 01 other remediation of any Hazardous Substance affectmg the Property IS necessary. Borrower shall promptly take all necessary remedial actiOns In accordance With EnVironmental Law Notlung herem shall create any obligation on Lender for an EnVIronmental Cleanup NON-UNIFORM COVENANTS Borrower and Lender further covenant and agr~ as follows 22. Ac:celeratlon; Remedles_ Lender shall give notice to BOlTOwer prior to acceleratlon following Borrower'. breach of any covenanl or agreement In thIS Security Instrument (bul nol prior 10 acceleratlon under Section 18 unl ... Applk:able Law provIdes otben.Ise). The not.ce sball spec/I'y: (a) the default; (b) the action requIred to cure Ibe default; (c) a date, notles. than 30 day. from .Ib. dale Ih. nollce Is gIVen to Borrower. by which Ibe default must be cured; and (d) that failure to cure lb. default on or before Ihe date spec/ned In the notice may resull In acceleration of lhe sums secured by this Securlly Instrumenl and sale of Ibe Properly at public auction al a date not les\ than no day. In Ibe future. The notice shall further Inform Borrower or the rlgbl 10 remslate an.. ac:celeratlon. the right to bring a court actIon to S1SSerI the non-exl.teace of a default or any other defense of Borrower 10 acceleration and sale, and any other mailers required to he Included In the notice by Applicable Law. If Ibe default Is not cured on or hefore the date speciDed In the notice, Lender al Its option, may require Immediate payment In full of all sums secured by this Security Instrument wlthoul further dOIuand and may Invoke the power of sale andlor any olber remedies permitted by Applicable Law. Lender shall he entitled 10 collect all expenses mcurred In pursuing the remedIes provided In this _on 22. Inclndlng, but nol IImlled to, reasonable allorneys' fees and costs of tltle evidence. If Lender Invokes Ibe power .f suI.. Lender shall give wrillOll notice to Trustee of the occurrence or an event of defaull and of Lend ... •• election to cause Ibe Property 10 be sold. Trustee and Lender shall take such action regarding ootlce of suIe aod sbaH give such notices to Borrower and 10 other persons as Applicable Law may require. After the time requIred by Applicable Law and an... publication of Ibe notice of sale, Trustee, wllbout dOlDand on Borrower, shall sell the Property al public auction 10 Ibe highest bidder at the time and place and under the lerms designated In the notice of sale In one or more parcels and In any order Trustee detennlnes. Trustee may postpone sale of the Property for a penod or periods permitted by Applicable Law by pubhc anuouncement at tbe time and place nxed In Ibe notice of 88le_ Lender or its designee may purchase the Properly al any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Properly without any covenanl or warranty, expressed or Implied. The recitals In the Trustee'. deed shall be prima facie evidence of Ibe \rulb of the statements made Ibereln. Trustee shall apply lb. proceeds .f Ibe I8le In the following order: (a> 10 all expenses of the sale, Including, but not limited to, reasonable Trustee'. and attorneys' fees; (b) to all sums secured by this Secunty Instrument; and (c) any excess to the person or persons legally entitled 10 It or 10 the clerk of the superior court or the oounly In which Ihe saIe took place_ 23. Reconveyance. Upon payment of all sums secured by thIS Secorny Instrument. Lender shall request Trustee to reconvey the Property and shall surrender th,S SecorllY Instrument and all notes evldencrng debt secured by thIS Secunty Instrument to Trustee Trustee shall reconvey the Property WIthout warranty to the person or persons legally entitled to It Such person or p."ons shall pay any recordation costs and the Trustee's fee for prepanng the reconveyance 24. Substitute Trustee. In accordanoe WIth Apphcable Law. Lender may from tllne to time appomt a successor trustee to any Trustee appomted hereunder who has ceased to act W,thout conveyance of the Property. the successor trustee shall succeed to all the title. power and duties conferred upon Trustee herem and by Apphcable Law ~"'(WAII00121 Page 13 of 15 , Form 3048 "01 C018118 12108GRI40 20030711000408.014 15. Use of Property. The Propefly IS not used prIncIpally for agncultural purposes 26. Attorneys' Fees. Lender shall be enutled to recover Its reasonable attorneys' fees and costs 10 any action or proceedlOg to construe or enforce any term of rlllS Secunty Instrument The term "attorneys' fees," whenever used m Ihls Security Instrument, shall Include WithOut lurutatlon attorneys' fees mcurred by Lender to any bankruptcy proceedtog or on appeal ORAL AGREEMENfS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENf OF A DEBT ARE NOT ENFORCEABLE UNDER W ASIfiNGTON LAW. BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenant. contamed to thIS Secunty Instrument and m any RIder executed by Borrower and recorded Wlth It WItness .. (Seal) ·Borrower ______________________ (SeaI) -Borrower (Seal) ______________________ (SeaI) -Borrower -Borrower (Seal) _____________ (Seal) -Borrower -Borrower (Seal) _____________ (Seal) ·Bonowcr -Borrower ~6IWAIIOOI2) Page 14 of 15 Form 3048 1/01 COHI11e 12106GR140 20030711000408.016 STATE OF W ASlUNGTON } 55: County of ~'I'"l'1 On IIns "f personally appeared before me StJI!LLJIH WAlU/BS to me known to be the mdlvldual(s) descnbed m and w~ccuted the with," and fOll"8omg '"strument. and acknowledged that h@'they Signed the same as h"(i!!91thelr free and voluntary act and deed. for the uses and purposes therem mentioned GIVEN under my hand and offiCial seal t/us q-th day of 1'0a~ d 003 __ 6tWAII00121 NotII~ PublIC m and for;we or Waslungton. resadmg al 'D,j'lt->~ C., 1~~D My AppolDtment Expire. on Od ILj oLj Prepared 6Y: . Karen Jackson 1 Home campus Dr. Des Moines, IA. 50328 (SIS) 213-4154 Page 16 of 15 Form 3048 1/01 C01f' 18 ·12108GR140 it \ 20030711000408.016 Exhibit "A" Loan Number Borrower SUELLEN WARNES And THE FOLLOWING DESCRIBED REAL ESTATE, SITUATED IN THE COUNTY OF KING WASHINGTON WEST 112 FEET OF THE EAST HALF OF THE SOUTH 10 ACRES OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 10, rOWNSHIP 23 NORTH, RANGE 5 EAST, W M , IN KING COUNTY, WASHINGTON, EXCEPT THE SOUTH 30 FEET THEREOF, TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE SOUTH 30 FEET OF SAID SUBDIVISION, EXCEPT THE EAST 30 FEET THEREOF APN 1 023059382Q~ Ilraneh :WLK,Uscr :GMIN Comment: Station Id :TDOG KING,WA r t1IiiSiI TICOR TiTlE ::g INSURANCE AFTER RECORDING MAIL TO; 51.le !Ie n W(ll"ne.o;. 14"';;)0 ~'" lib 'is/- RE!'l'\.i-o n I LV'l, '1 1'0'5 b 111047 lR ':i.VC' ....... · ..... ·3.00 11 "-I .. 'it ;:'; .. l; .. : ~'_T,t~"!"" 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Page I of I Printed on 6128/20129:58:08 AM Document: DED WAR 1988.01291047 THIS SKETCH IS PROVIDED. WITHOUT CHARGE. FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING. BUT NOT LIMITED TO. AREA. DIMENSIONS. EASEMENTS. ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS 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.UNLESS SUCH COVERAGE IS SPECIFICALLY PROVIDED BY THE COVERED RISKS OF THE POLICY. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. O. '7 9363 &e06t 0870 0.7'1 N! 9364 SECTION: 10 TOWNSHIP: 23N RANGE: 05E 1. 26 N! 9365 l.UI 9111 LLA 8804024 -... J28t10.9F 9154 Lot "A'" 96(8, 12UH 9188 9476 3Ci1102' 9351