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Home My WebLink AboutMiscPROJECT REQUEST FORM PLANNING/BUILDING/PUBLIC WORKS CONTACT: ;:z;,,;-G,os.ey EXT. zeB!3 I FILE STATUS I M NEW OR D EXISTfNG: FILE CODE (PRI-XX-XXXX) ! LOCATION / D My Work Space: / D File Bay Shelf#: !)(°Other: PRoJEcrNAME/ FILE nrLE:G~v .5;:6.0/15?,i:'.'.YZr R.a-r (70 characters max) UTILITY PERMIT# _______ LUA# WO# _______ _ ADDREss1sTREETNAMEcsi Se: l92No .ti,kre_d,kf?!l .:5&'.. \ DEV: ; CNTR: ; OWN: Cur.too/;° CNSLT/ENG: C/2/tJ/Vln,<J,e'L ----------' S/,(./@/7 ,,,, / ,. , .,.,,xi-, OTHERALIASES: $<;;,((aH /V,t<J, ~. Circle Size of Waterline: Circle Size of Sewerline: Circle Size of Stormline: 8" 8" 1")11 IO" 1 O" . ~.u 12" 12" L4" Circle One: ' . Circle One CHECK EACH DISCIPLINE INVOLVED IN PROJECT D TED D TRO D WWP D WTR D SWP D _,,.P (off site improvements) (Signalization, Channzg (sanitary sewer fn', include basin name) (CIP onlyXinclude basin name) (For Developer Files Only) Ltr D D D New / Replace/ Extension---+ New /Replace/ Extension New / Replace/ Extension Drwg (include TESC) D D D (inc. composite & Horizonta!Ctrl) D D (letter only) PLEASE CffiCLE THE DISCIPLINES WHICH NEED TO SIGN MYLARS WATER WASTEWATER SURFACE WATER TRANSPORTATION FIRE FOR FILE MAINTAINANCE USE ONLY File Codes File Alias Date Entered and Labels Made ' --·' I lumber AKA Gurdev Singh Short Plat LUA09-010 Retain site restoration bond pending verification that the 3 required trees were retained on-site 2 street trees are to be installed on Lot 1 {presumably not installed so installation bond followed by 3- year maintenance bond) · VU/ runf3r7!L __ --~ . . 4,r;tPrr-F~-:::.,,"- _ r-r1c;i M /el"' ctPM fa&, t'}'P-&I. . . . {::_-Jfl'd-,.,tft:i!{an . ~,il,,,,_, ~ W.Of_'af.d.at /:JM,dttA -. . ------LGP--r re.51,,~a µ1 z 11.u~-r ~ €fa d:(-(/ ~(G '-"--,E cJJJ v--g-11,---._ ~r.,()11!...ap/_..d · Cu · t-Cfc-. ) -If h"'-<f l.h,,i ""'~"t';~-r.e4'r1u.L_o.t.l'fw locw_ ~cluaf ~slk ~~ ftf:5/-i;,. 14s--:6.& /(;f -± 5'@ r{;r_arf&l .Jh#; . !'/pf "1r (/f-c1.tc.ff( ti l/;-0 £..ojf I/~ f-~/,'.~ SL-l. hzc1.1d-.1 , - -- -- i' $1-\L .C:11lf.L~ ~?,( ,-1:Afd_f-oJ,t(d t.(-~~ " )2os r-c~~-~ ~ -. I );> mci1 nt' of /v-ee,s a, 6&t. --of pltpt-I ~ f{,6.:f)S ~} I -· -1 re e. f' I t11\ --r f?,o,i d t'"c,,.-N"-( /"'l;t/l-1 /6G ?.Cl Mt/J I -----' (.,<.IJ--/~~ f0.A ~ pl.-. ::f- ------()(.,A'I ~ tJ{f(f ON /Cf~( -*/2-ef>ll Ac,f,-GJJ £ TD - :)I, 2-017-tv--,z,, /L)~ -e Vet./ Pl( frJJ~C 11/b &er, ,wn(YeC(, ~ ---- , StvCbf -~ (/AO ---·---. - -·---_._ ... _ -------- -"'-·-- ---...--~ ------------· ~ til King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TIY 206·296·7217 www.kingcounty.gov May 12, 2008 Jennifer Toth Henning · Planning Manager 1055 South Grady Way Renton, WA 98057 RE: Engineering Plan Approval Recommendation to the City of Renton Singh Short Subdivision (Files LOSS0009 and L06SR010) Dear Ms. Henning: The Department of Development and Environmental Services (ODES) has completed our review of engineering plans for the Singh short subdivision. The short plat received preliminary approval by King County on Octo.ber 28, 2005 and the property is now located in the recent annexation area of Renton along SE 192nd Street. Our review of the project .was completed prior to annexation but is now being processed by King County under the terms of the Interlocal Agreement (]A} between ODES and the City. Pursuant to the Interlocal Agreement, we are forwarding the engineering plans to your office. We are recommending the City concur with our approval of the plans because they are consistent with the applicable standards and regulations for which the development is conditioned. Once we receive your recommendation and the applicant submits the required inspection fees and bonding, we will approve the engineering plans for construction. For your convenience, we are including key project file information that may assist in your review of these plans. A Site and Restoration Bond will be posted with the County to guarantee the work is completed according to permit conditions. It is our understanding subsequent reviews and inspections related to this project will be continued by the County, on be-half of the City of Renton. The staff contact for our Land Use Inspection section is Jody Conyers, Project Manager, via email at jody.conyers@kingcounty.gov. If you have questions or need any additional information, please do not hesitate to contact me at (206) 296- 7178 or via email at jim.sanders@kingcounty.gov. ames Sanders, P .E. Development Engineer cc: Jody Conyers, Project Manager Peter Dye, Senior Engineer .. ~ r l Carrie Olson -Singh Short Subdivision (L05S0009 & L06SR010) From: To: Date: Subject: Kayren Kittrick Sanders, Jim 05/21/2008 3:08:19 PM Singh Short Subdivision (L05S0009 & L06SR010) Dear Mr. Sanders, After review of the Singh Short Subdivision plans and documents, the City of Renton agrees with King County stairs recommendation to approve for construction. Please have the developer provide two (2) additional copies of the plan set for our files. If there are any questions, please do not hesitate to contact me. Kayren K. Kittrick Development Eng. Supervisor Permits & Inspections Development Services Division (425) 430-7299 Page 11 .--------------------- I Carrie Olson -Gurdev Singh Short Plat -L05S0009 From: To: Date: Subject: Carrie Olson Simmons, Pat 06/19/2008 10:05:29 AM Gurdev Singh Short Plat -L05S0009 Hi Pat, Thanks for the e-mail requesting the City's input on this short plat. No changes to the short plat drawing have been requested. The only item the City requires is a separate Deed of Dedication document granting the dedicated area of street right-of-way (12' X 134') to the City of Renton. Using the attached forms, please ask the applicant to fill out and provide a brief legal description on the first page, a full legal description on the Exhibit A page signed and stamped by a licenced surveyor, and a map exhibit. Also, please have the applicant fill out the REETA Form required by the County. Have the applicant "open with" Adobe. Maybe you could just e-mail these instructions and forms to him. If he has any difficulty or question, have him call me. Thanks again. Carrie K. Olson Development Services City of Renton 425-430-7235 CC: Kittrick, Kayren Page 11 Return Address: City Clerk's Office City of Renton I 05 5 South Grady Way Renton, WA 98055 DEED OF DEDICATION Project File#: Property Tax Parcel Number: Street Intersection: Reference Number(s) of Documents assigned or released: Additional reference numbers are on page __ . Grantor(s): Grantee(s): I. I. Citv of Renton, a Municioal Cornoration LEGAL DESCRIPTION: (Abbreviated or full legal must go here. Additional legal on page ) The Granter, for and in consideration of mutual benefits conveys, quit claims, dedicates and donates to the Grantee(s) as named above, the above described real estate situated in the County of King, State of Washington. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. Approved and Accepted Bv: Grantor(s): Grantee(s): City of Renton Mayor City Clerk INDIVIDUAL FORM OF STA TE OF WASHINGTON ) ss ACKNOWLEDGMENT COUNTY OF KING ) I certify that I know or have satisfactory evidence that Notary Seal must be within box signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: Hfom,s/xxxFRM/AGREE/FORM DEED.DOC\ MSOffice Page 1 FORM 04 0001/bh Exhibit A Legal Description Hfonns/xxxFRM/AGREE/FORM DEED.DOC\ MSOflice Pagel Project: WO# PID GRANTOR: Street: FORM 04 0001/bh Map Exhibit HforrnslxxxFRM/AGREEIFORM DEED.DOC\ MSOffice Page 3 FORM 04 0001/bh I Carrie Olson -FORM REETA Instructions to Applicant.doc A REETA form is required to be sent with the Deed of Dedication at the time of recording. Please fill out the Grantorportion of the attached document(!), include tax parcel numbers (3), brieflegal description (4), sign (8), and return to me with the signed and notarized deed. Don't change or fill in anything else. The City will pay the fees. Page 1l 'Nvenue ~"-••• REAL ESTATE EXCISE TAX AFFIDAVIT Th;sronn;syoumce;pt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW -CHAPTER 458-61 A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back ofl11St page for instructions) Check bcuc if artial sale of City/State/Zip ____ _ Phone No. (including area code) If multi le owners list rcenta e of ownershi next to name. Name Cit of Renton ~ ~ Mailing Address 1055 South Grady Way a:i ~ City/State/Zip Renton, WA 98057 " Phone No. (including area code) List all real and penonal property tax parcel account numbers -check box if personal property List assessed value(s) N~, ---------------------Portion of tax parcel #(s) Mailing Address----------------- City/Staie/Zip Phone No. (iooludins area code) II Street address of property:---------------------------------------- This property is located in Renton D Check bolt if any oflhe listed parceb are being iiegregated from a larger parcel. Legal description of property (if more space is needed, you may attach a separate sheet to esch page of the affidavit) Select Land Use Code s : 45-Highway 110d street right of way enter any additional codes: Code 45 only: Slreel Right-of-Way (See back of last page for instructions) YES NO Is this property exempt from property tax per chapter 84.36 RCW {nonprofit organization)? D 0 YES Is this propMy designated as forest land per chapter 84.33 RCW? D ls chis~ dassified ascum::nt use (open space, fiinn and D agricultuml, or timber) land per chaptCI' 8434? ls chis~ receiving special vallllllim m historical property D per chapter 8416 RCWl If llll)' answen are yes, axnplete as instructed below. NO 0 IZl 0 (I) NCYnCE OF CONTINUANCE (FORESI' LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, fimn and agriculture, octimbcr) land, you must 1l1n on (3) btlow. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. If the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time ofsa1e. (RCW 84.33.140 orRCW 84.34.!08). Prior to signing (3)below,you may contact your local cowity assessor for more infonnation. This land O docs D docs not qualify for continuance. DEPUTY ASSESSOR DA TE (2) NOTICE OF COMPLlANCE (HISTORIC PROPER1Y) NEW OWNER(S): To continue special valuation as historic property, sign (J) below. If the new owner{s) does not wish to continue, all additional tax calculated pursuant to chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRINT NAME List all personal property (tangible and intangible) included in selling price. If claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) _4~S8=_.~1~A~-20=5~(4~) ________ _ Reason for exemption Type ofDocument _D_ee<l __ of_Ded_<a_lio_n ____________ _ Date of Document------------------- Gross Selling Price $, ____________ _ 'Personal Property (deduct) $, ____________ _ Exemption Claimed (deduct) $, ____________ _ Taxable Selling Price S, ____________ o_.o_o Excise Tax: State S, ___________ ~O~,O~O 0.0050 j Local $'----------~'~-'~' 'Delinquent Interest: State $, ____________ _ Local $, ____________ _ 'Delinquent Penalty $, ____________ _ Subtotal S, __________ ~o~.oc_o 'State Technology Fee S, ___________ 5_._oo_ • Affidavit Processing Fee $. ____________ _ Total Due S, __________ _c1~0~.ooc_ A MINIMUM OF 510,00 IS DUE IN FEE(S) AND/OR TAX 'SEE INSTRUCTIONS I CERTIFY UNDER PENAL TY OF PERJURY TIIAT THE FOREGOING IS TRUE AND CORRECT, Signature of Grantor or Grantor's A1en1 ____________ _ Name (print) __________________ _ Date & city of signing: Signature of Grantee or Grantee'• A&rnt ______________ _ Name (print) Denis Law, Mayor Date & city of signing: , Renton Perjury: Perjwy is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum tenn ofnot more than five years, or by a fine in an amowtt fixed by the cowt ofnot more than five thousand dollars (S5JKl0.00lz or by both imprisorunent and fine (RCW 9A.20.020 (IC)). REV 84 0001ae (al cos10SJ01) THIS SPACE -TREASURER'S USE ONLY COUNTY TREASURE ® King County Department of Development and Environmental Services 900 Oakesdale A venue Southwest Renton, WA 98055-1219 October 28 ,. 2005 Kuldip Sint, Tumber 19100 104 Place SE Renton, WA 98055 RE: Preliminary Approval for Short Subdivision No. L05S0009 Dear Mr. Singh Tumber: The Land Use Services Division (LUSD) has completed review of the short subdivision application captioned above. The LUSD finds that the proposed short subdivision complies with the King County Land Segregation Code (Title 19A), Zoning Code (Title 21A), and other applicable codes as specified in King County Code (KCC) 19A.08.060. The short subdivision is granted preliminary approval subject to the Conditions of Preliminary Approval attached hereto and incorporated herein by reference .. Any aggrieved party may appeal this decision by the appeal deadline,. which is November 14, 2005. The appeal procedure.is enclosed.for your information. The preliminary approval is valid for a period of 60 months from· the date of this letter, unless an appeal is filed. In the event that an appeal is filed, the preliminary approval is valid for a period of 60 months from the date of the appeal decision. Enclosed are the following: · • Notice of-Decision • Conditions of Preliminary Approval • Appeal Procedure If you have any questions regarding this Jetter, please contact Fereshteh Dehkordi, Program Manager, at (206) 296-7173 and Curt Foster, Engineer, at (206) 296-7106; '-'"m:Sanders, Development Engineer Engineering Review Section, LUSD Enclosures 'i:'!!P1~~ Current Planning Section, LUSD . cc: Terry Wilson, Cramer Northwest, Inc. Applicant File 1etter.frm/CoverLtr2000.SP.doc 3/9/00 A. B. KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES DIVISION 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 . REPORT AND DECISION SHORT SUBDIVISION File No. L05S0009 DESCRIPTION OF THE PROPOSED SHORT SUBDIVISION: . This is' a short subdivision of a .55 acre-parcel into four lots for detached single-family dwellings in the R-8 zone. The proposed density is 7 dwelling units per acre. The proposed lot sizes range from approximately 4300 to 6000 square feet. . Refer to Attachment 1 for a copy of the short plat map. GENERAL INFORMATION: Owner/ Applicant: Engineer: STR: Location: Zoning: Acreage: Number of Lots: Lot Size: Proposed Use: Sewage Disposal: Water Supply: . Fire District: School District: Kuldip Sln~h Tumber 19100 1041 Place SE Renton, WA 98055 Cramer Northwest,. Inc. Terry Wilson 945 N Central Avenue, Suite 1·04 Kent, WA 98032 SE '/4 32-23-05 11328 SE 192"d Street, Renton R-8 .55 acre 4 Ranges from 4300 to 6000 square.feet Residential Soos Creek Water and Sewer District Soos Creek Water and Sewer District 40 Renton Complete Application Date: March 10, 2005 Associated Application: Road Variance File No. L05V0045 K.C. D.D.E.S. C. . HISTORY and BACKGROUND The Subdivision Technical Committee (STC) of King County has conducted an on-site examination of the subject property. The STC has discussed the proposed development with the applicant to clarify technical details of the application, and to determine the. compatibility of this project with applicable King County plans, codes; and other official documents regulating this development. Report and Decision L05S0009. lo7Ff2oS7 D. . E. F. As a result of preliminary discussions, the applicant presented the Technical Committee with a r~vised site plan on July 14, 2005. The primary modification includes a revision to the private access tract to meet the King County Road Standards. NATURAL ENVIRONMENT 1. Topography: The site is relatively flat. The west half slopes down gently from northeast to southwest. . 2. Soils: One soil type is found on this site per King County Soil Survey, 1973. The entire site is classified AgB. The foilowing are AgB characteristics: AgB -Alderwood gravely, sandy loam; 0-6% slopes. Runoff is slow and the erosion hazard is slight. This soil type has a moderate limitation for low building foundations due to a seasonally high water table, and severe limitations for septic tank filter fields due to very slow permeability in the substratum. 3. · Wetland/streams: According to the King County Sensitive Areas Folio, no mappt;ld hydrographic features exist .on this site. Panther Creek runs approximately half a mile west of the site. The site lies within the Black River drainage basin. . · · · 4. Vegetation: This site Is overgrown by lawn and there a few fruit trees scattered throughout the site. 5. · Wildlife: Small birds and animals may inhabit this site however their population · arid species are limited due to nearby development. No threatened or endangered species are known to. exist on or near the property. 6. Mapped Sensitive Areas: The Sensitive Areas. Folio does not identify any mapped sensitive areas as being preseAt on this site . NEIGHBORHOOD CHARACTERISTICS: The property lies within the designated Urban Area east of the city of Renton. The site and the s~rrouriding properties are zoned Residential with 8 dwelling unit per acre. The neighboring properties.are developed with residential structures. The site contains a house which will be removed. · · DESIGN FEATURES 1. Density, Lot Pattern, Comprehensive Plan: The site's assigned density is eight dwelling units pe(acre. The proposed density is in compliance with the density of the zone. The site Is located In the "urban • area as designated by the King C~unty Comprehensive Plan. 2. Ac~ess and Roadway Section: The applicant proposes to access the lots via a · Private Access Tract (PAT) extending north from SE 192nd Street into the site. All lots will have direct access to the PAT. A road variance (KC File L05V0045) · .from the intersection spacing requirements was approved by King County Department of Transportation (see Attachment 2). 3. Drainage: The site's drainage generally sheet flows from the north to the south. A "Targeted Drainage Review, Category 2" is required because the existing drainage system must be modified to collect and convey drainage along .the property frontage. , The proposed on-site improvements appear to qualify for small-site Best Management Practices (BMP's). · Report and Decision . LOSS0009 G. H. I. J. PUBLIC SERVICES 1. Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by Soos Creek Water and Sewer District. A Certificate Sewer Availability, dated February 1, 2005, · indicates this sewer district's capability to serve the proposed development. 2. Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by Soos Creek Water and Sewer District. A certificate of Water Availability, dated February 1, 2005, indicates this sewer district's capability to serve the proposed development. 3. School facilities: .The subject subdivision wm be served by Benson Hill Elementary, Nelson Junior High, and Lindberg Senior High Schools, all located within the Renton School District. The District has indicated that the future · students from this subdivision will walk to the elementary school. The students will be bussed to both Junior and Senior High schools. . . . . The walkway to the elementary school consist of pedestrian path along SE 192"d Street and sidewalks along 113u, way SE all the way to.the Elementary school· site. The Junior High school students will be picked up at the intersection of SE 192"d and 113u, Way SE. The High School students will be picked up at the · intersection of SE 192"d Street and 116u, Avenue SE. there are pedestrian path along SE 192"d to. both intersections. Additionally, theta will be sidewalks constructed along the frontage of the site which will provide additional safe walking conditions for all pedestrians. SEPA THRESHOLD DETERMINATION: Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21C, the responsible official of the Land Use Services Division (LUSD) issued a threshold determination of non-significance (DNS) for the proposed development ori October 28, 2005. This · determination was based on the review of the environmental checklist and supporting documentation filed with the application, resulting in the conclusion that the proposal would not cause probable significant adverse impacts on the environment. FINDINGS/CONCLUSIONS: The subject subdivision will comply with the goals and objectives of the King County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County (i.e. 1993 King County Road Standards, 2005 Surface Water Design Manual, etc.), based upon the conditions for final short plat approval. DECISION: Proposed Short Plat revised and received July 14, 2005 as described by Attachment 1 of this report is granted preliminary approval subject to the following con.ditions of final approval:· 1. 2. 3. 4. The proposal shall Compliance with all platting provisions of Title 19A. of the King County Code, · All persons having an ownership interest in the subject property shall sign on the face of the final short subdivision. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final short plat recording 2005 King County Surface Water Design Manual (SWDM-The following are drainage conditions applied to this proposal: .· . . Report and Decision L05S0009 · ,' .. ( ,...,, - -...----~ A; TARGETED DRAINAGE REVIEW · The proposed short subdivision requires a Category #2 Targeted Drainage Review as outlined in Chapter 1.1.2.2 in the Surface Water Design Manual. The existing drainage system must be modified to collect and, c.onvey drainage along the property frontage. B. . .ON-SITE BMP's The proposed on-site improvements appear to qualify for small site drainage BMP's as outlined in Appendix C of the Surface Water Design Manual. . 5. 1993 King County Road Standards -Final short plat approval shall require full compliance with the provisions set forth in the 1993 KCRS, including engineering plans for all road improvemerits. The engineering plans shall be prepared by a · professional civil engineer licensed in the state of Washington. DDES strongly recommends that the engineering plans be submitted at least two years prior to the expiration date of the project. The following conditions_apply to this short plat unless a variance pursuant to the variance· procedures in KCRS 1.08 is obtained or otherwise approved by DDES: A. . Frontage improvements along SE 192nd Street shall be designed to Urban Principal Arterial Standards per KCRS Section 2;02. These Jmprovemerits shall extend along the entire frontage of the site and make standard-connections to adjacent improvements. · B. Forty-two feet 9f Right-of-Way (ROW) width shall be dedicated north of the .SE 192nd Street R/W centerline, along the frontage of the site. D. E. F. G. H. I. Appropriate pavement tapers and pavem·entstriping shall extend east and . west of the project's frontage. A Road Variance (KC File Number L05V0049) was granted for io!ersection spacing with the condition that the private access tract be . locatecfaf the center of the property frontage. Additionally, approval was granted for a reduced stopping_slghtdistance . . ._ ... ' ·,: ·.:., .. -.. ,·:.!. "-· ·· .. ,.' .-. ,. , ....... -...... ,,., .I Rockeries, luminaires and utilities.located along the frontage of the site shall be re!ocated; redesigned or removed to match the ultimate roadway design of SE 192nd Street without creating roadside obstacles per KCRS Section 5.11 . The proposed Private Access Tract (PAT) shall be revised to allow adequate access width (20 feet minimum, measured from the point of curve) to lots 1 and 4. This will requires shortening the length of the panhandle portion Lots 2 and 3. The PAT shall be constructed per KCRS Section 2.09.B. There shall be no direct vehicular access to or from SE 192"d Street from· those lots which abut it. A note to this effect shall appear on the . engineering plans and final short plat. The following Notes shall be shown of the final recorded short subdivision (1) Warning: King County has no responsibility to build: improve, maintain or otherwise service the private access road contained within or provide service to the property described in this subdivision. (2) All private easements and or tracts to be maintained, repaired and/or rebuilt by the owners of the parcels having legal access there from and their heirs. assigns or successors, unless and until such roads are improved to King County Road standards and are dedicated and accepted by King County for maintenance. · . Report and Decision L05S0009 6. Health (KCC 13)-Thls project is exempt from further King County Heath Department review. However, if improvements are required froni the Sewer and/or the Water District, then verification shall be required.from said District(s) that the improvements have been bonded and/or installed, prior to final recording · of the short plat. 7. Building and Construction Standards /Title 16)-The applicant shall comply with all applicable provisions of KCC 16.82; 8. Fire Code {KCC 17) -Section 902 of the 1997 Edition of Uniform Fire Code-The · Fire Engineering approval is granted as proposed. 9. Density and Dimensions (KCC 21 A.12) -All lots shi:ill meet the density and dimensions requirements of the R-8 zone classification or shall be as shown on the face of the approved preliminary short subdivision, whichever is larger. Minor revisions to the short subdivision, which do not result in substantial changes and/Cir do not create additional lots may be approved at the discretion 0f the Department of Development and Environmental Services. 10. · The existing house on ttie site shaU be removed prior tb the final approval and recording. ·-...... ,,-. ____ ............. --···'"'" ............. -............ -.... ,.-..•.•. , ........... , ....... ,.•,.· ...... , .. . 11 ,,0 a.,"••'·' ,,,..,·,,,;;o,<-),,• Street Trees (KCC 21A.16)-Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): A. B. C. D. E. F. G. H. Trees shall be flanted at a rate of one tree for every 40 feet of frontage along SE 192" Street and.the private tract where it can l>e . accommodated. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. Trees shall be located within the street right-of-way and planted in accordance with Drawing No, 5-009 of the 1993 King County Road .. Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. If King County determines that the required street trees should not be located within the.right-of-way, they shall be located no more than 20 feet from the street right-of-way line. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. The species of trees shall be approved by ODES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub wh.ose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. · · The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DOES prior to engineering plan approval. · · The applicant shall contact Metro Service Planning at 684-1622 to determine if SE 192"d Street is on a bus route. If it is a bus route, the streettree plan shall also be reviewed by Metro. The street trees must be installed and inspected, or a performance bond· posted prior to recording,of the plat. If a performance bond is poste9, the.· street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found t? be installed . per the approved plan, a maintenance bond must be submitted or the . . Report and Decision · L05S0009 · I , • ,, .. performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond· may be released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. 12. Road Mitigation Payment System -The applicant or subsequent owner shall comply with Road Mitigation Payment System (MPS), King County Code 14.75, by.paying the required MPS fee and administration fee as determined by King County Department of Transportation. The applicant has an option to either: A. Pay the MPS fee at final short plat recording. If th.is option is chosen, the fee paid shall be the fee in effect at the time of short plat application and a note shall be placed on the face of the short plat that reads, "All fees required by King County code .14. 75, Mitigation Payment System (MPS) have been paid." Or B. Pay the MPS fee at the time of building permit issuance. If this option is chosen,.the fee paid shall be the amount in effect as of the date of the building permit application. · Other Considerations A. Preliminary approval of this application does not limit the applicant's responsibility lo obtain any required permit or license from the State or other regulatory body. This may include, but not be limited to, obtaining a forest practice permit, an HPA permit, building permits, and other types of entitlements as necessitated _by circumstances .. B. The short subdivision shall conform to KCC 16.82 relating to grading on private property.. · · · C. Development of the subject property may require registration with the Washington State Department of Licensing, Real Estate Division Parties and Persons of Interest: CRAMER NORTHWEST LLC . . . . . LARRY KRUEGER 945 N CENTRAL STE 104 KENT, WA 98032 TUMBER, KULDIP SINGH 19100 104TH PL SE RENTON, WA98055 CLAUSSEN. KIM PROGRAM MANAGER Ill COOPER, TED PRELIMINARY REVIEW ENGINEER· DEHKORDI, FERESHTEH PROJECT MANAGER II FOSTER, CURT SR. ENGINEER Report and Decision L05S0009 J I I I :~ L, 'I , ' ~ ;; L.OTl5\ , ,. ~ ' -, ~-, ,,-,,,~ , , , tf'::l.yi' ":fl#'· " " I.Cr •• ' I ' I L.OTn HOUSE (SCALED) ~ l\\oo..-roa 'I.,. ""'-... ,.,""T'"'"'~ ~·tr~ .--f__:. I ' I •~ •~• , ..... -~ ' \ It OF /'fa'. QR\ • I'll<>'. CM "-.. · . RJ<MD 80.62' " . ., , ;x: dl5' K 1 fd~ ~NO CN' -----. --~ ,,,.. .roaa,r,: . I ---,-...., -.. :.~.:' i-----------1 ~, ---. ' ,,,' ~ "' ----.::· ----·- . ""' F.F.• (1l) BE' J I ( ·. \ l62t SQ. rr. :t,f:n~fl{~ ~t~ .,_,:! ~~-n f-J,f;"~_p· .,)\ -'§._~-· ·-~ ;;!°~A ,,A_,,,.,,$,~ ·ic' ., __ , ~ . \•:if;y; J;».:r~ -Y; ,\i;"%" ,,: ,-"' et"··· ;,,,,,, .. ,;;.~~ IDr J !'l.;·;'';{',f·''''',J;;:.~,,~f} · ... ~t1t~~;,:;~~ ..... SIi ft •., -,11£.'!f/tl'• ,,tf;f P -'" ' · t; : he jf'[/!'!'t,';;:,,'<-i-It, ~# ., ,, ·. _ "I I S>IE). . - I • \ ~I\ \. '\rt;'ffe!i)i;J;.~,,; ~ •• . • .. 0 ,. .,.,_,&rt<'tl 't -~ ~2 . i1 \ .. ,.,.,,. :""" • . . -•••=· " ~ ., I ~ ~ ii \: _ LoT2. ~ ..,.,. __ .,_ ~-- -~--··· """"'"""""""' >'. II I ) ~ -~ . ~ -~¥.'. ii . ;: -'""·" 58B "50361; 6'.JO" " i~1 ,l I "\~ ... '<? . 'l' (J Sill! IQ :i '" ~ l? I 11 .... l el * IQT,0 HOUSC ~ \ J5.DO' .~ ~ ~-": It macot ,so.n IDT I f,J4)t SQ. Fr. 'Ill . >: s. cu~i 1014 I\W' • .,... 50. FT. = r. or PRfX'. ~ 111 /s,~ s,o ! ·1 -\ \:: \ ".:... 871 d '»'00, 36.J2· Fll!IH5 ~-" ~"B'3J" ~ KCN39.r:,. :=-:;. ~ -~=--=...,L] ----.,...... ~ ~.,,_..,. -f-------------.-------2 5'?:,c:,~-- ~ COM::RE1£~.CUl9 / MScur I J 'd.'~ , .l}/:.v-r~~i=~~ lit ••• : ~/'\._ ' Poe H.£~ 505.37 I mP CENTER B(U at FR. l IZ' NJS H.• 50f.5f ~ ~ nc.nc.vn ,vu:.~:"'" ,n,c. -.,.,,,, . ...,oi OF TH£ sourHEAST OIJARTER OF~J2. TOWNSHIP 2J NORTH, RANGE 5 EAST, W • .W.., BEJHG 885'J'Jo WEST AS SHOWN ON TH£ Pt.AT OF CH _ N'. RIDGf. R£CORO£D IN \Q..UME 159 OF Pl.A.TS. AT PMCS /~ R£C0RDS OF KING COUNrY, WA.SHINm'OH. · ~ ' c- LEGAL DESCRIPTION: · LOT Z. SHORT PLAT NO. 482007, ACCOROING TO TH£ SHORT F REDORDCD UNDER RECORDING NO. 8303080870, R£CORDS OF KING COUN1'Y.. WASHWGTON. NOTES: 1. AIOMAIEM'S ~ WSl1ED ON 3-4-04-. 2. SOM£ SURROUNOING H0US£S WfRE SCM.£0 FROM 0.0.U WEB. SITE. VERTICAL DATUM: tiofflH.~ VERl'JCU. 04.TW OF 1988 • BEN~- . KING coutff'! 8£HCHUMK ~ 5809 F00HD cot«:RE1E' AIOMJM£NT W/ TACK IN L£U> AT SOU1HEASl CORNER OF SEC110H J2. TOWHSHJP 2J HORTH. RANGE S E'AS1 EUVAJXW .• ~H.98 U.S. F£CT. -. SlTE BENCHM.ARK: ·SIJE'~";." TOP C£H1ER BOLT OH FIRE HYDRNlf EUVAnoH • :no.2J ~S. FE'E.T • SlT£ BENCHMARK "tr RBI OF SEWER MANHOLE ~JJON • 50Z.97 U.S. f"EEr. CONTOUR INTERVAL: 2.00 . U.S. FEEr. LEGEND: Q FOUNO REBAR W/ NO CAP AS D£SCR1B£D @ SNinmf 50m WNIOL.E 1111 ·~JCH 8o\SJH !REVISION .. FIR£- • IMTER VAL\,£ 121 WA1£R' llEfER Lo~sooot m G4S' IICTFR 1111 POWER AIEJER lpJ IEtlEIWIE~ :(;): unurr POU J, GVY ANCHOR JUL 142005 0 WHr POU t<.C. D.D.E.S. m £l..£C1R1CAL.. BOX • BOUARD • D£CIOOOUS TR££ ---W---BURIED WAJ'ERUN£ PAINT -{}-WOOD F£NC£ --WIR£ fEHC£ (i£ "' a1t} -W W N H W~:rrBEHOlltWW"A" Q1H ;~ : .• 507.so , · ± S.E. 192ND SJ'. a. .. 51W U.S. m:r i/.--· It' NJ$'-:-504.Jl ~ I -------~ -®::: --~----·· ----~----··--.... -,.,,..,,"°"'ii_: ""-"'.J __ .j ............ _____________ _ ___ 655~ .75· ___ _ fOOHf) """""" -w1 TIQC ,., l£),/) ,., C4SC I --L ---~ u. <; .~ 'It: !z w :E :c ~ ~ Appeallnformation and Parties of Record RIGHT TO APPEAL This action may be appealed in writing to the King County Hearing Examiner, with a fee of $250 (check payable to King County Office of Finance). · · · As required by KCC 20.20.090 and 20.24.090, the appeal period shall be fourteen (14 calendar days and shall commence on the third day after the noUce of decision is mailed. Filing an appeal requires actual delivery. to the King County Land Use Services Division prior .to the close of business (4:30 p.m.) on November 14, 2005. Prior mailing is not sufficient if actual receipt by the Division does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Division is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a timely Notice of Appeal has been filed, the appellant shall file a statement of appeal within a 21-day calendar period commencing three days after the notice of decision is mailed. The statement of appeal shaUidentify the decision being appealed (including file number)and the alleged errors in that decision. . · The statement of appeal shall state: 1) specific reasons why the decision should be reversed or modified; and 2) the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based on matters or issues raised.in the statement of appeal. Failure to timely file a notice of appeal, appeal fee, or statement of appeal deprives the Examiner of jurisdiction to consider the appeal. · Appeals must be submitted to the Department of Development and Environmental Services, addressed as follows: LAND USE APPEAL Land Use Services Division Department of Development and Environmental Services BlackRiver Corporate Park · 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 Any party may make a request for a pre-hearing conference'.· For more information regarding appeal proceedings and pre-hearing conferences, please contact the Office of the Examiner for a Citizens' Guide to the Examiner Hearings and/or read KCC 20.20 and 20.24. Report and Decision · L05S0009 ~~;7t~~:~~: ~ : ..... 1:1(,tt;~{; . -~'~." -1 I I SUBDIVISION GUARANTEE Guarantee No.: SG-2631-10613 Order Number. 200497497 Reference Number. SINGH Effective bate: October 24, 2007 at Subdivision Guarantee: Sales Tax: Total: $200.00 $17.60 $ 217.60 OWNERS: GURDEV SINGH AND KULDIP S. TUMBER, EACH AS A SEPARATE ESTATE LEGAL DESCRIPTION: LOT 2, SHORT PLAT NUMBER 482007, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 8303080870, RECORDS OF KING COUNTY, WASHINGTON. SUBJEC:J" TO: 1. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: SOOS CREEK WATER AND SEWER DISTRICT AND: WILSON 2 X PARTNERS RECORDED: JULY 29, 1994 RECORDING NUMBER: 9407292564 PURPOSE: DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT 2. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8303080870. 3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GURDEV SINGH AND SURJIT KAUR, HUSBAND AND TRUSTEE: BENEFICIARY: AMO.LINT: DATED: RECORDED: RECORDING NO.: Guarantee No: SG-2631-10613 WIFE PRLAP, INC. BANK OF AMERICA, NA $240,000.00 JUNE 23, 2004 JUNE 25, 2004 20040625002233 f5) [E tC LE ~ WI LE rrJ1 lJll NOV 1 5 2007 [W K.C. D.D.E.S. stewart ~title guaranty company Lo7r,eos 7 SUBDMSION GUARANTEE 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GURDEV SINGH AND SURJIT KAUR, HUSBAND AND TRUSTEE: BENEFICIARY: AM08NT: DATED: RECORDED: RECORDING NO.: WIFE · PRLAP, INC. BANK OF AMERICA, N.A. $45,000.00 JUNE 23, 2004 JUNE 25, 2004 20040625002234 5. NOTE A: GENERAL TAXES FOR THE YEAR 2007 WHICH HAVE BEEN PAID. AMOl!JNT: $4,152.06 LEVY:CODE: 4260 TAX ACCOUNT NO.: 322305-9038-07 ASSESSED VALUATION: LAND: $208,000.00 IMPROVEMENTS: $130,000.00 . Guara~ No: $~2631-10613 stewar1 ~tltle guaranty company SUBDIVISION GUARANTEE The Company's liability for this report is Umlted to the compensation received. This report Is based on the Company's property records, and no nabllity Is assumed for Items misindexed or not Indexed in the public records, or for matters which would be disclosed by an inquiry of parties In I possession or by an accurate survey or inspection of the premises. This report and the legal desaiption given herein are based upon information supplied by the applicant as to the location and Identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect-of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the date and time referenced above. Don Peters :dp Guarantee' No: SG-2631-10613 stewarf ~title guaranty company ste\Nart® cstitle guaranty company Subdivision Guarantee The County of KING within which said subdivision is located in a sum not exceeding $1000.00 N0-200497497 Fee.$200.00 Subdivision Map of Tract No. Consisting of Sheet (s) and any City That, according tp those public records which, under the recording laws, impart constructive notice of matters affecting the title to the land includ~d within the exterior boundary shown on the map of the above referenced subdivision, the only parties having any record title interest in said land whose signatures are necessary, under the requirements of the Subdivision Map Act, on the certificates consenting to the recordation of said map and offering for dedicatio~treets, roads, avenues and other ease- ments offered fol dedication by said map are: "' n. ....... ...,. """"'"' " .... ,.., " "' ~ """" ' Signed under seal for the Company, but this Guarantee is to be valid only when U bears an authorized countersignature. Stewart• ~--compony ~~~ Pres1 nt Countersigned: . Amho~~~rur~ • (,; • CC< STEWART TTTI.E -:= SG-1572 10613 SUBDMSION GUARANTEE CLTA NO. 14 (Rl,V.4-10-75) PLEASE M . .I\IL TO HOUSTON-POLICY ACCOUNTING -, SUBDIVISION GUARANTEE Guarantee No.: SG-1572-10613 Order Number: 200497497 Reference Number: SINGH Effective Date: October 5, 2004 Subdivision Guarantee: Sales Tax: Total: $200.00 $17.60 $ 217.60 OWNERS: GURDEV SINGH AND KULDIP S TUMBER, EACH AS A SEPARATE ESTATE LEGAL DESCRIPTION: LOT 2, SHORT PLAT NUMBER 482007, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 8303080870, RECORDS OF KING COUNTY, WASHINGTON. SUBJECT TO: 1. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: SOOS CREEK WATER AND SEWER DISTRICT AND: WILSON 2 X PARTNERS RECORDED: JULY 29, 1994 RECORDING NUMBER: 9407292564 PURPOSE: DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT 2. RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE SHORT PLAT RECORDED UNDER KING COUNTY RECORDING NO. 8303080870. 3. GENERAL TAXES. THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30r". THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31 5r. YEAR: 2004 AMOUNT BILLED: $2,705.96 AMOUNT PAID: $1,352.98 AMOUNT DUE: $1,352.98, PLUS INTEREST AND PENAL TY, IF DELINQUENT LEVY CODE: TAX ACCOUNT NO.: ASSESSED VALUATION: LAND: IMPROVEMENTS: Guarantee No: SG-1572-10613 4260 322305-9038-07 $ 84,000.00 $127,000.00 SUBDIVISION GUARANTEE 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GURDEV SINGH AND SURJIT KAUR, HUSBAND AND TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NO.: WIFE PRLAP, INC. BANK OF AMERICA, N.A. $240,000.00 JUNE 23, 2004 JUNE 25, 2004 20040625002233 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: GURDEV SINGH AND SURJIT KAUR, HUSBAND AND TRUSTEE: BENEFICIARY AMOUNT: DATED: RECORDED: RECORDING NO.: Guarantee No: SG-1572- WIFE PRLAP, INC. BANK OF AMERICA, N.A. $45,000.00 JUNE 23, 2004 JUNE 25, 2004 20040625002234 SUBDIVISION GUARANTEE The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate survey or inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this is a true accurate reflection of those documents on file at the King County Court House, Seattle, Washington as of the date and time referenced above. Sunny Johnson :de Guarantee No: SG-1572- ---------------------- ORDER NO:. 200497497 N SE. 192Nl. ST. -- ... -., .a.... <:-- This sketch is provided without charge for information. It is net intended to show all matters related to the property including, but not limited to area, dimensions, encroachments or locations of boundaries. It's not a part of, nor does it modify, the commitment or policy to which it is attached. The company assumes NO LIABILITY for any matter related to this sketch. Reference should be made to an accurate survey for furth~r infonnation. c§!:ewart 18000 International Boulevard South, Suite 510 SeaTac, Washington 98188 206-770-8700 + 888-896-1443 fax 206-770-8703 • 253-882-2033 COPIES OF DOCUMENTS ORDER NUMBER: 200497497 FOR PROPERTY ADDRESS: 11328 SOUTHEAST 192ND STREET, RENTON, WA 98055 20040625002232.001 APTER RECORDING MAIL TO GURDEV SINGH 11328 SE 192ND STREET RENTON, WA 98055 II ~111~11111111111 20040625002232 Piled for Record at Request of Phoenix Escrow, Inc Escrow Number 4019542 PAGE9C!l 1 OF Z STEWART Tl1 "'° za " 08/25/2884 I ,41 ICING COUNTY, WA E2050022 86/21/2184 15:32 KjNG COUNTi, LIA ••~~ nldal :8 PAGEI01 DF ee1 Statutory Warranty Deed r :'\ "001.j 'i(~lpl-f ~ARTTITLE Grantor(s) BINH YEN KIM Granlee(s) GURDEV SINGH, SURJIT KAUR Abbreviated Legal· SHORT PLAT 482007, REC NO 8303080870 Addltwnal legal(s) on page Assessor's Tax Parcel Numbcr(s) 322305-9038-07 THE GRANTOR BINH YEN KIM, a marnecl person as her separate estate for and m co11S1deranon of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION m hand patd, conveys and warrants to GURDEV SINGH and SURJIT KAUR, husband and wife the followms descnbed real estate, situated m the County of KING , State of Waslnngton LOT 2, SHORT PLAT NUMBER 482007,ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 8303080870, RECORDS OF KING COUNTY, WASHINGTON See Attached Bxh.tbit A Dated this 23rd day of une , 2004 ' By ______________ By _____________ _ SfATBOP WASHINGTON } SS County of ~K~IN~G~--------} l certify that I know or have sansfactory evidence that ~Bl~N~H~Y~E~N~K~IM~-------- IS the person who appeared before me, and said person acknowledged that she signed thts instrument "iru:i"acknowledge 1t to be her free and voluntary act for the uses and pu'"'rpo"--ses-- ment:J.oncd m thts 1nstnunent Dated Juno -,2J/-tJ1 ~ Yh, ./( ,,,.i MARSHA BOYD ~ Notary Pubhc m and for the State of WASHINGTON ResJ.dmg at ... R.,,E,.,NT.:.:O"'N'-=-------- My appomtmeDl expires 3/~2~9/~2~0~06~----- Exhibit A SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, PROVISIONS AND AGREEMENTS AS ATIACHED HERETO AS EXHIBIT "A" AND BY THIS REFERENCE MADE A PART HEREOF REFERENCE TO THE ABOVE IDENTIFIED DOCUMENTS SHOULD BE MADE FOR FULL PARTICULARS SUBJECT TO AGREEMENT AND THE TERMS AND CONDITIONS THEREOF . BETWEEN SOOS CREEK WATER AND SEWER DISTRICT AND WILSON 2 X PARTNERS RECORDED JULY 29, 1994 RECORDING NO 9407292564 PURPOSE DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT 20040625002232.002 2 RESTRICTIONS, CONDITIONS, DEDICATIONS, NOTES, EASEMENTS AND PROVISIONS CONTAINED AND/OR DELINEATED ON THE FACE OF THE SHOAT PLAT RECORDED UNDER KING COUNTY RECORDING NO 8303080870 ""'' 2 20040915001172.001 1111111111111111 20040915001172 Retum to. Knld1p s Tnmher 19100 104th Pl, SE ™"!&\l"~R oco •• .. 119!15ihi'4 i2, •• ICJ:NG COUNTY, WA E2069804 "' 115/2194 12 158 KtNG COUNTY, I.IA Renton, wa 98055 ~: ,,H;WI: PAGElll OF Ill QUIT CLAIM DEED .A-PACIFIC NORTIIWEST TITLE THEGRANfOR Gurdev Singh & SurJit Kau H&W for and m cons1dcratlon of no cons1derat1on love and effection only conveys and qu11 claims to Gurdev Singh and Kuldip S. Tumber, as separate Estate. the following described real estate, situated in the County of King State of Washihgton, together with all after acqutred utle of the grantor(s) therein Lot 2, Short plat number 482007, according to the short plat recorded under recording number 8303080870, records of King County, wasmington. • Add11tonal on page __ Assessor's Tax Parcel ID# 322305-9038-07 Dated 0'1114/2004 " Cw,.,.., s,"" o/'.b X S~, t(&-0__ STATE OF WASHINGTON, } ss County of J>KJ.J iiou;g~--- 1 hereby certify that I know or have satisfactory evidence that Gurdev Sl ngb & S11r;1 j t Kan and i N01.1ry k.11 , I I is the pcnon(s) who appeared before me, and said penon(s) acknowledged that (he, she, they) signed thi, instrument and ackJ'lowlc:dgcd ii to be (his, her, lhcir) free and voluntary act for the uses and pUfPOSCS mentioned in this instrument Dated, ___ q"'/""11J..,{c.,oc,'fe------ "''d1ng at ~ ~ My appo1ntmen~7 Notary Public m and for the Stale of Washington ~L Printed Name V l('if4.e--,,-./ LPB•l2(r) 11196 I ,, •i, EXHIBIT "A" LOT 2, SHORT PLAT NUMBER 482007, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 63030lnl70, RECORDS OF K.ING COUNTY, WASHINGTON 20040915001172.002 ' ,; .'.CC022LS 01 ~, 12 s1 ,002 21 1nr L0 d 1111111111111111 n 20040625002233 STEWART TITLE DT 40 00 PAGE801 OF 021 06/29/2004 15.41 Return To LOAN # 6931554023 KING COUNTY, WA FL9-700-01-01 JACKSONVILLE POST CLOSING BANK OF AMERICA 9000 SOUTHSIDE BLVD BLOG 700, FILE RECEIPT DEPT JACKSONVILLE, FL 32256 Assessor's Parcel or Account Number 322305903807 Abbreviated Legal Description ffl lJ 20040625002233.001 lt .? ,c::..ll.J:); Lf &9001, f2t..c.. g>3o~oto~ [Include lot, bloc'"('and plat or section, township and range] Full legal description located on page THREE Trustee PRLAP , I NC --------[Spau, Above This Line For Recording Data) -------- DEED OF TRU; LOAN # 6931554023 d-1 1;,,;,;:;l.1 ~&L( WARiTITLE DEFINIDONS Words used m multiple sections of this document are defmed below and other words are defmed m Sections 3, 11, 13, 18, 20 and 21 Certam rules regardmg the usage of words used m this document are also provided m Section 16 {A) "Security Instrument" means thts document, which is dated JUNE 23, 2004 together with all Rtders to thts document {B) "Borrower" ts GURDEV SINGH AND SURJ IT KAUR ,1 husband and wife Borrower is the trustor under this Security Instrument {C) "Lender" ts BANK OF AMERICA, N A WASHINGTON-Smglo F,m,ly-Fanme Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 ~-6(W A) (0012) Page I of IS lmt,als 6-_ S ff VMP MORTGAGB FORMS. (800)521-7291 Cl/WA 06/13/04 5 41 PM 6931554013 11111111111111111 llll!I !Ill 11111111 20040625002233.002 Lender 1s a NAT I ONAL BANK I NG ASSOC I AT I ON organtzed and enstmg under the laws of THE UN I TED STATES OF AMER I CA Lender's address 1s 300 ELL I NWDOD WAY, SU I TE 201, PLEASANT HI LL, CA 945230000 Lender 1s the beneficiary under this Secunty Instrument (D) "Trustee" 1s PRLAP, I NC (E) "Note" means the promissory note signed by Borrower and dated JUNE 23, 2004 The Note states that Borrower owes Lender TWO HUNDRED FORTY THOUSAND AND 00/ 100 Dollars (US $ 240,000 00 ) plus interest Borrower has promised to pay tlus debt in regular Penodtc Payments and to pay the debt m full not later than JULY 01, 2034 (F) "Property" means the property that 1s descnbed below under the headmg "Transfer of Rights m the Property " ( G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower [check box as applicable] B Ad3ustable Rate Rider Balloon R1der VA Rider § Condominium Rider D Second Home Rider Planned Un,t Development Rider D 1-4 Family Rider Biweekly Payment Rider D Other(s) [specify] (I) "Apphcable Law" means all controlhng app!tcable federal, state and local statutes, regulal!ons, ordmances and adm1ntstrat1ve rules and orders (that have the effect of law) as well as all applicable fmal, non-appealable Jud1c1al opinions (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condomin,um assoc1at10n, homeowners assoc1atton or surular organization (K) "Electromc Funds Transfer" means any transfer of funds, other than a transacl!on origmated by check, draft, or S1milar paper instrument, which 1s 10,l!ated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or author12e a financial mstitution to debit or credit an account. Such term mcludes, but 1s not limited to, potnt·of-sale transfers, automated teller maclune transactions, transfers 1n,t1ated by telephone, wire transfers, and automated cleannghouse transfers (L) "Escrow Items" means those items that are described in Section 3 (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described m Section 5) for (1) damage to, or destrucl!on of, the Property, (11) condemnat10n or other taking of all or any part of the Property, (111) conveyance 1n lieu of condemnation, or (iv) misrepresentat10ns of, or om1ss10ns as to, the value and/or condition of the Property (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (,) principal and mterest under the Note, plus (u) any amounts under Secl!on 3 of this Secunty Instrument (P) "RESP A" means the Real Estate Settlement Procedures Act (12 USC Section 2601 et seq) and its 1mplement10g regulation, Regulation X (24 CF R Part 3500), as they might be amended from time to time, or any add1t1onal or successor legislation or regulation that governs the same su bJect matter As used m this Secun ty Instrument, "RESP A" refers to all requirements and ~-6(WA) (0012) Pago 2 of IS Form 3048 1101 CVWA 06/23/04 5 42 PM 6931554023 -. 20040625002233.003 restnctions that are imposed in regard to a "federally related mortgage loan" even 1f the Loan does not qualify as a "federally related mortgage loan" under RESP A (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY Tlus Secunty Instrument secures to Lender (i) the repayment of the Loan, and all renewals, extenswns and modif1cat1ons of the Note, and (ii) the performance of Borrower's covenants and agreements under this Secunty Instrument and the Note For tlus purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the followmg descrtbed property located in the COUNTY of KI NG [Type of Recording JurtSdictlonl [Name of Recording Junsdictwnl LOT 2, SHORT PLAT NUMBER 482007, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NUMBER 8303080B70, RECORDS OF KING COUNTY, WASHINGTON Parcel ID Number 322305903807 11328 SOUTHEAST 192ND STREET RENTON ( "Property Address") which currently has the address of CC,tyl, Washington 98055 [Street] CZtp Codel TOGfilHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this Secunty Instrument All of the foregoing 1s referred to m this Security Instrument as the "Property " BORROWER COVENANTS that Borrower 1s lawfully se1sed of the estate hereby conveyed and has the nght to grant and convey the Property and that the Property 1s unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subJect to any encumbrances of record. THIS SECURITY INSTRUMENT combines uruform covenants for national use and non-uniform covenants with limited variations by iurisd1ct10n to constitute a urnform security instrument covermg real property UNIFORM COVENANTS Borrower and Lender covenant and agree as follows· I Payment of Prmc,pal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt ev1denoed by the Intttals (s s H r-Porm 3048 1/01 ~-6(WA) (0012) Page 3 of 15 CVWA 06/23/04 5 42 PM 6931554023 I '. ---------------------~ 20040625002233.004 Note and any prepayment charges and late charges due under the Note Borrower shal! also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and th1s Security Instrument aha!! be made in US currency However, if any check or other mstrument received by Lender as payment under the Note or this Security Instrument ,s returned to Lender unpa,d, Lender may require that any or al! subsequent payments due under the Note and th,s Secunty Instrument be made 10 one or more of the fo!lowmg forms, as selected by Lender (a) cash, (b) money order, (c) certifted check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an rnstitution whose deposits are insured by a federal agency, mstrumentality, or entity, or (d) Electronic Funds Transfer Payments are deemed received by Lender when received at the locatton designated m the Note or at such other locat,on as may be designated by Lender rn accordance with the notice provisions lil Sect,on 15 Lender may return any payment or partial payment if the payment or partial payments are 10suff1c1ent to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Loan current, without wa,ver of any rights hereunder or preJudice to its rights to refuse such payment or partial payments m the future, but Lender 1s not obhgated to apply such payments at the time such payments are accepted If each Periodic Payment is apphed as of ,ts scheduled due date, then Lender need not pay mterest on unapphed funds Lender may hold such unapplted funds unt!l Borrower makes payment to brmg the Loan current If Borrower does not do so within a reasonable per10d of time, Lender shall either apply such funds or return them to Borrower If not applied earlier, such funds will be applted to the outstandrng prmc1pal balance under the Note 1mmed1ately prior to foreclosure No offset or claim whrnh Borrower might have now or m the future agamst Lender shall relteve Borrower from making payments due under the Note and th1s Security Instrument or performrng the covenants and agreements secured by this Security Instrument 2 App!tcat10n of Payments or Proceeds. Except as otherwise described rn tlus Section 2, all payments accepted and apphed by Lender shall be apphed m the followrng order of priority (a) rnterest due under the Note, (b) principal due under the Note, (c) amounts due under Sectrnn 3 Such payments shall be apphed to each Periodic Payment 1n the order rn wh1ch 1t became due Any remaimng amounts sha!l be apphed first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delrnquent Periodic Payment wluch includes a sufi1C1ent amount to pay any late charge due, the payment may be applied to the dehnquent payment and the late charge If more than one Periodic Payment 1s outstanding, Lender may apply any payment received from Borrower to the repayment of the Penodic Payments if, and to the extent that, each payment can be paid rn full To the extent that any excess exists after the payment 1s applied to the full payment of one or more Periodic Payments, such excess may be apphed to any late charges due Voluntary prepayments shall be applted first to any prepayment charges and then as descn bed m tho Note Any application of payments, insurance proceeds, or M,scel!aneous Proceeds to prmctpal due under the Note shall not extend or postpone the due date, or change the amount, of the Per10d1c Payments. 3 Funds for Escrow Items Borrower shall pay to Lender on the day Pertodtc Payments are due under the Note, until the Note is paid m full, a sum (the "Funds"} to provide for payment of amounts due for (a) taxes and assessments and other items which can attarn priority over tlus Security Instrument as a !ten or encumbrance on the Property, (b) leasehold payments or ground rents on the Property, if any, (c) premrnms for any and all insurance reqmred by Lender under Sect10n 5; and (d) Mortgage Insurance premiums, 1f any, or any sums payable by Borrower to Lender m heu of the payment of Mortgage Insurance premmms m accordance with the provrn1ons of Section 10 These items are called "Escrow Items " At ongtnation or at any time dur,ng the 1n1t1a1s ~S K ' Form 3048 1/01 Q4(WA) (0012) Page 4 of IS CVWA 06/23/04 5 42 PM 6931554023 20040625002233.005 term of the Loan, Lender may require that Community Assocrntion Dues, Fees, and Assessments, 1f any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furmsh to Lender all notices of amounts to be pa1d under th1s Sect10n Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obhgat1on to pay the Funds for any or all Escrow Items Lender may waive Borrower's obligation to pay to Lender Funds for any or all &crow Items at any !!me Any such waiver may only be m writing In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow !toms for which payment of Funds has been waived by Lender and, 1f Lender requires, shall furnish to Lender receipts evidencmg such payment w1thm such time penod as Lender may require Borrower's obligation to make such payments and to provide .receipts shall for all purposes be deemed to be a covenant and agreement cont81Jled 10 th1s Secunty Instrument, as the phrase "covenant and agreement" is used m Sect10n 9 If Borrower 1s obhgated to pay Escrow Items chrectly, pursuant to a waiver, and Borrower fatls to pay the amount due for an Escrow Item, Lender may exercise 1ts nghts under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given' m accordance w1th Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and m such amounts, that are then required under th1s Sect10n 3. Lender may, at any tlme, collect and hold Funds in an amount (a) suff1c1ent to permit Lender to apply the Funds at the l!me spec1f1ed under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA Lender shall estimate the amount of Funds due oh the bastS of current data and reasonable estimates of expenchtures of future Escrow Items or otherwise 1n accordance w1th Applicable Law The Funds shall be held m an mst1tution whose deposits are msured by a federal agency, mstrumentahty, or entity (mcluding Lender, ,f Lender is an mstitution whose depos1ts are so insured) or m any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items ,no later than the !Ime specified under RESPA. Lender shall not charge Borrower for holdmg and applying the Funds, annually analyzrng the escrow account, or venfyrng the Escrow Items,' unless Lender pays Borrower mterest on the Funds and Applicable Law permits Lender to make such a charge Unless an agreement is made m wr1tmg or Applicable Law requires mterest to be paid on the Funds, Lender shall not be required to pay Borrower any rnterest or earnrngs on the Funds Borrower and Lender can agree m wntrng, however, that mterest shall be paid on the Funds Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A If:there 1s a surplus of Funds held m escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds m accordance with RESP A If there 1s a shortage of Funds held m escrow, as defmed under RESPA, Lender shall notify Borrower as requued by RBSPA, and Borrower shall pay to Lender the amount necessary to make up the shortage m accordance with RESPA, but m no more than 12 monthly payments If there 1s a deficiency of Funds held m escrow, as def med under RESP A, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the defi01ency m accordance w1th RESP A, but m no more than 12 monthly payments Upon payment m full of all sums secured by th1s Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4 Charges, Liens Borrower shall pay all taxes, assessments, charge,,, frnes, and 1mpos1tions attributable to the Property which can attam pnority over th1s Secunty Instrument, leasehold payments or ground rents on the Property, 1f any, and Commumty Association Dues, Fees, and Assessments, if any To the extent that these ltems are Escrow Items, Borrower shall pay them m the manner provided m Section 3 ~-6(WA) (0012) Pogo 5 of 15 lnthals C.s_ $ k, Form 3048 1/01 CV'IIA 06/23/04 S 42 PM 6931554023 20040625002233.006 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower (a) agrees m writing to the payment of the obligation secured by the lien 10 a manner acceptable to Lender, but only so long as Borrower is performmg such agreement, {b) conto;sts the hen in good faith by, or defends aga10st enforoement of the hen m, legal proceedtngs which in Lender's opimon operate to prevent the enforcement of the hen while those proceedings are pendmg, but only until such proceedmgs are concluded, or (c) secures from the holder of the hen an agreement satisfactory to Lender subordmat,ng the hen to this Security Instrument U Lender determines that any part of the Property 1s subiect to a lien which can attam priority over tlus Security Instrument, Lender may give Borrower a notice 1dentifymg the hen W1thm IO days of the date on which that notice is given, Borrower shall satisfy the hen or take one or more of the actions set forth above m this Section 4 Lender may require Borrower to pay a one'"tlme charge for a real estate tax verificat10n and/or reportmg service used by Lender m connection with this Loan 5. Property Insurance. Borrower shall keep the improvements now exist10g or hereafter erected on the Property insured against loss by fire, hazards included withm the term "extended coverage," and any other hazards includmg, but not limited to, earthquakes and floods, for which Lend~r requires 10surance This insurance shall be mamtamed m the amounts (mcludmg deductible levels) and for the periods that Lender requires What Lender requ1res pursuant to the precedmg sentences can change durmg the term of the Loan The insurance carrier providing the msurance shall be chosen by Borrower subJect to Lender's right to disapprove Borrower's choice, which· nght shall not be exercised unreasonably, Lender may require Borrower to pay, 10 connectJon with this Loan, either (a) a one'itme charge for flood zone determination, certification and track10g services, or (b) a one'"tlmo charge for flood zone determrnat10n and certificatJon serV1ces and subsequent charges each time remappings or similar changes occur which reasonably might', affect such determmation or certification. Borrower shall also be responsible for the payment of any fees 1mpcsed by the Federal Emergency Management Agency 10 connect10n with the review of any flood zone determmation resultJng from an obiect10n by Borrower. If Borrower fails to mamtam any of the coverages described above, Lender may obtam msurance coverage, at Lender's option and Borrower's expense Lender ,s under no obltgation to purchase any particular type or amount of coverage Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity 10 the Property, or the contents of the Property, agarnst any risk, hazard or habihty and might provide greater or lesser coverage than was previously 10 effect Borrower acknowledges that the cost of the msurance coverage so obtamed might sign1f1cantly exceed the cost of msurance that Borrower could have obtamed Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear mterest at the Note rate from the date of disbursement and shall be payable, with such mterest, upon notice from Lender to Borrower requestmg payment All insurance policies reqmred by Lender and renewals of such policies shall be subiect to Lender's nght to disapprove such pol!C!es, shall mclude a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee Lender shall have the right to hold the policies and renewal cert1f1cates If Lender reqwres, Borrower shall promptly give to Lender all rec~1pts of paid premiums and renewal notices If Borrower obtains any form of insurance coverage, not otherwise requ1red by Lender, for damage to, or destruction of, the Property, such pohcy shall mclude a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee In the event of loss, Borrower shall give prompt notice to the msurance carrier and Lender Lender :may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree 1n wr1tmg, any rnsurance proceeds, whether or not the underlying insurance was ln11,ala .£..s__ S, k , Form 3048 1/01 ~-6('111 A) (0012) Poge 6 of IS CVWA 06/23/04 5 42 PM 6931554023 20040625002233.007 reqwred by Lender, shall be applied to restoration or repair of the Property, ,f the restoration or repau 1s economically feasible and Lender's security 1s not lessened Dunng such repau and restoration penod, Lender shall have the right to hold such insurance proceeds unttl Lender has had ~n opportunity to rnspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such mspection shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration m a single payment or ,n a senes of progress payments as the work 1s completed Unless an agreement is made in wr1tmg or Applicable Law requires mterest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any rnterest or earnings on such proceeds Fees for pubhc adJusters, or other third parties, retamed by Borrower shall not be paid out of the msurance proceeds and shall be the sole obhgation of Borrower If the restoration or repair ,snot economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, tf any. paid to Borrower Such msurance proceeds shall be applied m the order provided for m Sect,on 2 If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters If Borrower does not respond witlun 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim The 30·day penod will begm when the notice ts given In either event, or 1f Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds m an amount not to exceed the amounts unpatd under,the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premrnms paid by Borrower) under all insurance pohc,es cover,'ng the Property, insofar as such nghts are applicable to the coverage of the Property Lender may ~se the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under ;the Note or this Security Instrument, whether or not then due 6: Occupancy Borrower shall occupy, establish, and use the Property as Borrower's prmcipal residence w1thm 60 days after the execution of thts Security Instrument and shall continue to occupy the Property as Borrower's pnnc1pal res,dence for at least one year after the date of occupancy, unless Lender otherwise agrees tn writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control 7 Preservahon, Maintenance and Protection of the Property, Inspect10ns. Borrower shall not destroy, damage or 1mpa1r the Property, allow the Property to deter10rate or commit waste on the Property Whether or not Borrower 1s res1dmg m the Property, Borrower shall maintain the Property 1n order to prevent the Property from deter,oratmg or decreasing m value due to ,ts condition. Unless 1t ts determined pursuant to Section 5 that repair or restorat10n ts not econom1cally feasible, Borrower shall promptly repatr the Property ,f damaged to avoid further deterioration or damage If insurance or condemnation proceeds are paid 1n connect10n with damage to, or the taking of, the Property, Borrower shall be responsible for repamng or restoring the Property only ,r Lender has released proceeds for such purposes Lender may disburse proceeds for the repairs and restoration in a smgle payment or m a senes of progress payments as the work ,s completed If the insurance or condemnation proceeds are not suff1c1ent to repair or restore the Property, Borrower 1s not reheved of Borrower's obligation for the completion of such repair or restorat10n Lender or ,ts agent may make reasonable entries upon and inspections of the Property If 1t has reasonable cause. Lender may mspect the interior of the improvements on the Property. Lender 'shall give Borrower notice at the time of or prior to such an mtenor inspection specifying such reasonable cause ~-6(W A> (0012) Page 7 of!S l111t1a!s fiZs_ S k , Form 3M8 1/01 CV'IIA 06/23/04 5 42 FM 6931554023 --~---~! 20040625002233.008 ,8. Borrower's Loan Application. Borrower shall be m default tf, dunng the Loan apphcat1on process, Borrower or any persons or ent1l!es actmg at the direction of Borrower or with, Borrower's knowledge or consent gave matertally false, m1sleadmg, or maccurate mformation or statements to Lender (or failed to prov1de Lender with matenal information) m connection wtth the Loan Matenal representations mclude, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's prmc1pal residence 9 Protect10n of Lender's Interest in the Property and Rights Under this Secur1ty Instrument. If (a) Borrower fails to perform the covenants and agreements contamed m this Security Instrument, (b) there 1s a legal proceeding that might s1gntf1cantly affect Lender's mterest m the Property and/or nghts under this Security Instrument (such as a proceedmg m bankruptcy, probate, for condemnatmn or forfeiture, for enforcement of a hen which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever 1s reasonable or appropnate to protect Lender's mterest m the Property and rights under this Security Instrument, includmg protectmg and/or assessing the value of the Property, and securing and/or repamng the Property Lender's act10'1" can mclude, but are not hm1ted to (a) paymg any sums secured by a hen which has pr10rity over th1s Security Instrument, (b) appeanng m court, and (c) paymg reasonable attorneys' fees to protect 1ts mterest m the Property and/or rights under this Security Instrument, including its secured po&tion m a bankruptcy proceedmg Securmg the PropertY mcludes, but 1s not hm1ted to, entermg the Property to make repairs, change locks, replace or board up doors and windows, dram y,ater from J)lpes, elimmate building or other code v10lat1ons or dangerous cond1t10ns, and have utlht1es turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and ts not under any duty or obligation to do so It 1s agreed that Lender incurs no hab1hty for not talcmg any or all act10ns authot1zed under this Section 9. Any amounts disbursed by Lender under thrn Section 9 shall become addmonal debt of Borrower secured by th1s Security Instrument These amounts shall bear rnterest at the Note rate from the date of disbursement and shall be payable, with such mterest, upon notice from Lender to Borrower requestmg payment Ifithis Security Instrument ts on a leasehold, Borrower shall comply with all the provisions of the lease If Borrower acquires fee title to the PropeftY, the leasehold and the fee title shall not merge unless Lender agrees to the merger m wr1tmg. JO. Mortgage Insurance. If Lender required Mortgage Insurance as a cond1t1on of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage msurer that previously prov1ded such msurance and Borrower was required to make separately designated payments toward the premmms for Mortgage Insurance, Borrower shall pay the premiums requ1Ted to obtam coverage substantially equivalent to the Mortgage Inaurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously m effect, from an alternate mortgage msurer selected by Lender If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall contmue to pay to Lender the amount of the separately dCStgnated payments that were due when the msurance coverage ceased to be m effect Lender will accept, use and retain these payments as a non·refundable Joss reserve m lieu of Mortgage Insurance Such loss reserve shall be non·refundable, notw,thstandmg the fact that the Loan ts ultimately paid m full, and Lender shall not be required to pay Borrower any mterest or earnings on such loss reserve Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the pertod that Lender requires) provided by an insurer selected by Lender agarn becomes available, 1s obtained, and Lender requires separately de&gnated payments toward the premiums for Mortgage Insurance If Lender required Mortgage Insurance as a condition of makmg the Loan and ~-6( WA) (0012) Pege 8 of IS In1uet. .g' ~ S /-( , Form 3048 J/01 CV'IIA 06123104 5 42 PM 6931554023 20040625002233.lJO!l Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premrnms required to mamtam Mortgage Insurance in effect, or to provide a non-refundable loss reserve, unt1l Lcnder~s requirement for Mortgage Insurance ends m accordance with any written agreement between Borrower and Lender providmg for such termmation or until termination 1s required by Apphcable Law Nothing in this Section 10 affects Borrower's obhgat1on to pay interest at the rate provided m the Note Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may rncur 1f Borrower does not repay the Loan as agreed Borrower 1s not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance m force from t1mc to tJme, and may enter mto agreements with either parties that share or modtfy their risk, or reduce losses These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the o,ther party (or parties) to these agreements These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums) As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affihate of any of the foregoing, may receive (dtrectly or indirectly) amounts that denve from (or might be characterized as1 a port10n of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage msurer's risk, or reducing losses If such agreement provides that an affthate of Lender takes a share of the msurer's risk in exchange for a share of the premiums paid to the 10surer, the arrangement 1s often termed "captive reinsurance." Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan Such agreements will not mcrease the amount llorrower wtll owe for Mortgage Insurance, and they will not entitle Borrower to any refund (b) Any such agreements will not affect the rights Borrower has -if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may mclude the right to receive certam disclosures, to request and obtam cancellat10n of the Mortgage Insurance, to have the Mortgage Insurance termmated a utomat1cally, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termmat1on 11. Assignment of M1scellanoous Proceeds, Forfeiture All Miscellaneous Proceeds are hereby assigned to and shall be .{laid to Lender If the Property 1s damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, 1f the restoration or repair 1s economically feasible and Lender's security ,s not lessened During such reprur and restorat10n per10d, Lender shall have the nght to hold such M1sce1laneous Proceeds until Lender has had an opporturu ty to mspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may pay for the repairs and restoration in a single dtsbursement or 10 a senes of progress payments as the work 1s completed Unless an agreement ts made in writing or Applicable Law reqmres mterest to be paid on such M1scellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnmgs on such Miscellaneous Proceeds If the restoration or repair 1s not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower Such Miscellaneous Proceeds shall be apphedlm the order provided for 10 Section 2. In '.the event of a. total taking, destruction, or loss m value of the Property, the Miscellaneous Proceeds shall be apphed to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, p111d to Borrower In the event of a partial taking, destruction, or loss m value of the Property 10 which the fair market value of the Property 1mmedtately before the partial takmg, destruction, or loss m value 1s equal t~ or greater than the amount of the sums secured by this Security Instrument 1mmedtately before the partial taking, destruction, or loss m value, unless Borrower and Lender otherwise agree 111 writing, the sums secured by this Security Instrument shall be reduced by the amount of the M1scel!aneous Proceeds mult1phed by the follow10g fraction (a) the total amount of the sums secured 1mmed1ately before the partial takmg, destruct10n, or loss in value divided by (b) the fair ~-6(\V A) (0012) Pall" 9 of 15 ln111als .£S.._ S /.( Pdrm 3048 1101 CVWA 06/23/04 5 42 PM 6931554023 20040625002233.010 market value of the Property immediately before the partial taking, destruction, or loss m value Any balance shall be paid to Borrower In the event of a partial taktn,g, destruction, or loss tn value of the Property Ill wluch the fair market value of the Property immediately before the partial taking, destruction, or loss m value 1s less than the amount of the sums secured immediately before the partial taking, destruction, or loss 10 value, unless Borrower and Lender otherwise agree 10 wnting, the Miscellaneous Proceeds shall'be apphed to the sums secured by this Secunty Instrument whether or not the sums are then due If the Property is abandoned by Borrower, or tf, after notice by Lender to Borrower that the Opposmg Party (as defined m the next sentence) offers to make an award to settle a clwm for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender 1s authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Secun ty Instrument, whether or not then due. "Oppos10g Party" means the third party that owes Borrower Miscellaneous Proceeds or the party' agamst whom Borrower has a right of action 10 regard to Miscellaneous Proceeds Borrower shall be m default if any action or proceedmg, whether civil or cnmmal, 1s begun that, :.m Lender's iudgment, could result m forfeiture of the Property or other material 1mpa1rment of Lender's mterest m the Property or nghts under this Security Instrument Borrower can cure such a default and, 1f acceleration has occurred, remstate as provided in Section 19, by caurung the action or proceeding to be dismissed with a ruhng that, in Lender's Judgment, precludes forfeiture of the Property or other matenal impairment of Lender's mterest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest rn the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not apphed to restoration or repair of the Property shall be applied rn the order provided for in Sectton 2 1,2 Borrower Not Released, Forbearance By Lender Not a Waiver. Extens,on of the time 'for payment or modif1catlon of amorttzatrnn of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor m Interest of Borrower shall not operate to release the ltab11ity of Borrower or any Successors m Interest of Borrower Lender shall not be requtred to commence proceedmgs against any Successor m Interest of Borrower or to refuse· to extend time for payment or otherwise modify amorttzatrnn of the sums secured by this Security Instrument by reason of any demand made by the ongmal Borrower or any Successors m Interest of Borrower Any forbearance by Lender m exeretsmg any right or remedy mcluchng, without limitation, Lender's acceptance of payments from thtrd persons, entitles or Successors 10 Interest of Borrower or m amounts less than the amount then due, shall not be a waiver of or precl uae the exercise of any nght or remedy 13. Iomt and Several Liab1hty, Co-signers; Successors and Assigns Bound Borrower covenants and agrees that Borrower's obligations and hab11ity shall be 1010t and several However, any Borrower who co"S1gns this Secunty Instrument but does not execute the Note (a "co-&gner") (a) 1s ,co-s1gn10g_ this Security Instrument only to mortgage, grant and convey the co-signer's rnterest 10 the Property under the terms of this Security Instrument, (b) ,e not personally obhgaied to pay the sums secured by th1S Securtty Instrument, and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodattons with regard to the terms of this Security Instrument or the Note without the co-Signer's consent Sl/bJect to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obltgat10ns under this Security Instrument rn wr,tmg, and 1s approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and hab,hty under this Security Instrument unless Lender agrees to such release in writing The covenants and agreements of this Security Instrument shall bmd (except as provided in Section 20) and benefit the successors and assigns of Lender 14. Loan Charges Lender may charge Borrower fees for services performed m connection with Borrower's default, for the purpose of protecting Lender's mterest m the Property and rights under this Security Instrument, mcludrng, but not limited to, attorneys' fees, l'roperty inspection and valuation fees In regard to any other fees, the absence of express authority 10 this Secunty Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law Initials -e 5 -~(WA) (0012) Page 10 of 15 Sk Jlorm 3048 1101 CVWA 06/23/04 5 42 PM 6931554023 I 20040625002233.011 ff the Loan 1s subJect to a law which sets maximum loan charges, and that law 1s finally interpreted so that the interest or other loan charges collected or to be collected in connection with' the Loan exceed the permitted limits, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded perm1tted hm1ts wtll be refunded to Borrower Lender may choose to make this refund by reducing the prmc1pal owed under the Note or by making a direct payment to Borrower If a refund reduces prmc,pal, the reduct10n will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge 1s provided for under the Note) Borrower's acceptance of any such refund made by direct payment to Borrower will ·.const1tute a waiver of any right of action Borrower might have ansmg out of such overcharge 15. Notices All notices given by Borrower or Lender in connectton with this Security Instrument must be m wntmg. Any notice to Borrower m connection with this Secunty Instrument shall be deemed to have been given to Borrower when mwled by first class mat! or when-actually delivered to Borrower's notice address 1f sent by other means Notice to any one Borrower shall constitute nottce to all Borrowers unless Appltcablo Law expressly reqmres otherwise The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender Borrower shall promptly notify Lender of Borrower's change of address If Lender spec1f1es a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that spec1f1ed procedure There may be only one designated notice address under this Secunty Instrument at any one time Any notice to Lender shall be given by delivenng 11 or by mailing ,t by first class mwl to Lender's address stated herem unless Lender has designated another address by notice to Borrower. Any notice m connection with this Secunty Instrument shall not be deemed to have been g,ven to Lender until actually received by Lender If any nol.!ce reqrnred by this Secunty Instrument 1s also required under Applicable Law, the Appltcable Law requirement wtll satisfy the corresponding requirement under this Security Instrument 16. Goverrung Law, Severab1hty, Rules of Construction. This Secunty Instrument shall be governed by federal law and the law of the 3ur1sdict10n m which the Property 1s located All rights and obligations contained 10 this Secunty Instrument are subject to any requirements and hm1tat10ns of Applicable Law Appltcable Law might expltc1tly or 1mphc1tly allow the parties to agree by contract or 1t might be silent, but such rulence shall not be construed as a proh1b1tion against agreement by contract In the event that any provtruon or clause of this Secunty Instrument or the Note conflicts with Applicable Law, such conflwt shall not affect other provisions of this Secunty Instrument or the Note whtch can be given effect without the confhctmg prov1s1on As used m this Security Instrument. (a) words of the masculme gender shall mean and include corresponding neuter words or words of the femirune gender, {b) words in the singular shall mean and include the plural and vtce versa, and (c) the word "may" gives sole discretion w1thotit any obligation to take any act10n 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Secunty Instrurhent 18. Transfer of the Property or a Benef1c1al Interest m Borrower. As used m this Section 18, "Interest m the Property" means any legal or beneficial interest m the Property, including, but not ltmited to, those benef1c1al mterests transferred m a bond for deed, contract for deed, ,nstallment sales contract or escrow agreement, the intent of winch 1s the transfer of t,tle by Borrower at a future date to a purchaser If all or any part of the Property or any Interest m the Property is sold or transferred (or 1f Borrower is not a natural person and a beneficial interest m Borrower 1s sold or transferred) without Lender's prtor written consent, Lender may require immediate payment 10 full of all sums secured by this Security Instrument However, this optton shall not be exercised by Lender if such exercise 1s proh1b1tod by Applicable Law If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section: 15 w1thm whtch Borrower must pay all sums secured by thts Security Instrument If Borrower fails to pay these sums pnor to the expiratJon of this per10d, Lender may mvoke any remedies permitted by this Security Instrument without further notice or demand on Borrower flll1,-6(WA) (0012) Pago 11 of 15 In111als e C: ~ fl' Form 3048 1101 Clfl/A 06/23/04 5 42 PM 6931554023 20040625002233.0 I Z ,19 Borrower's Right to Remstate After Acceleration U Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument d1scontmued at any t1me pr10r to the esrheat of (a) f1ve days before sale of the Property pursuant to any power of sale contained in this Security Instrument, (b) such other period as Appltcable Law 'nught specify for the termmat10n of Borrower's right to remstate, or (c) entry of a Judgment enforcmg this Security Instrument. Those conditions are that Borrower (a) pays Lender all sums wbwh then would be due under this Security Instrument and the Note as 1f no acceleration had occurred, (b) cures any default of any other covenants or agreements, (c) pays all expenses mcurred m enforcing tlus Security Instrument, mcludmg, but not ltm1ted to, reasonable attorneys' fees, property inspection and valuation fees, and other fees mcurred for the purpose of protectmg Lender's mterest m the Property and rtghts under this Securtty Instrument, and (d) takes such action as Lender may reasonably require to assure that Lender's mterest m the Property and rtghts under thts Securtty Instrument, and Borrower's obltgat1on to pay the sums secured by this Secunty Instrument, shall continue unchanged Lender may require that Borrower pay such remstatement sums and expenses in one or more of the following forms, as selected by Lender (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check 1s drawn upon an 1nst1tution whose deposits are msured by a federal agency, tnstrumentahty or entity, or (d) Electronic Funds Transfer Upon reinstatement by Borrower, this Secur,ty Instrument and obhgat1ons secured hereby shall remam fully effective as 1f no ;acceleration had occurred However, this nght to remstate shall not apply m the case of acceleration under Section 18 20. Sale of Note1 Change of Loan Servicer, Nottce of Grievance The Note or a partial rnterest m the Note \ together with this Security Instrument) can be sold one or more times without prtor nol!ce to Borrower A sale might result m a change m the enttty (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Secur,ty Instrument and performs other mortgage loan servicmg obltgal!ons under the Note, this Security Instrument, and Af' phcable Law There also might be one or more changes of the Loan Servicer unrelated to a sale o the Note If there 1s a change of the Loan Servicer, Borrower will be given Wrttten notice of the change which will state the name and address of the new Loan Servtcer, the address to which payments should be made and any other rnformation RESP A requires m connection with a notice of transfer of serv1c1ng If the Note ts sold and thereafter the Loan 1s serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan serv1cmg obligat10ns to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser Neither Borrower nor Lender may commence, Jom, or be JOIOed to any JUd1ctal actmn (as either an individual httgant or the member of a class) that arises from the other party's actions pursuant to this Secur1ty Instrument or that alleges that the other party has breached any prov,s,on of, or any duty owed by reason of, tlus Sec~rity Instrument, unt!I such Borrower or Lender; has not1f1ed the other party (with such notice given rn compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable per1od after the givmg of such notice to take corrective action If Applicable Law/rovides a time pertod which inust elapse before certam action can be taken, that time perio will be deemed to be reasonable for purposes of this para$faph The notice of acceleration and opportumty to cure given to Borrower pursuant to Sectton 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportumty to take corrective action frov1s10ns of trus Sect10n 20. 2 ' Hazardous Substances As used in thrn Section 21 (a) "Hazardous Substances" are those substances defmed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the followmg substances gasolme, kerosene, other flammable or toxic petroleum products, toxic pesticides and herb1c1des, volatile solvents, matenals conta,nmg asbestos or formaldehyde, and radioactive matertals; (b) "Environmental Law" means federal Jaws and Jaws of the Jurisdiction where the Property 1s located that relate to health, safety or environmental protection, (c) "Env1ronmental Cleanup" includes any response actton, remedial achon, or removal action, as defmed m Env1ronmental Law; and (d) an "Environmental Condit10n" means a condition that can cause, contn bute to, or otherwise trigger an Environmental Cleanup Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or m the Property ~~(WA) (0012) Page 12 of 15 ,.,ttoi. Cs: s fr -Form 3048 110! Cl/WA 06123/04 5 42 PM 6931554023 20040625002233.0 13 Borrower shall not do, nor allow anyone else to do, anythmg affecting the Property (a) that 1s m violation of any Environmental Law, (b) which creates an Environmental Cond1t1on, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condit10n that adversely affects the value of the Property The precedmg two sentences shall not apply to the presence, use, or storage on tho Property of small quanttltes of Hazardous Substances that are generally recogmzed to be appropriate to normal residenttal uses and to mamtenance of the Property (mcludmg, but not hm1ted to, hazardous substances m consumer products) Borrower shall promptly give Lender written notice of (a) any mvesttgation, claim, demand, lawsuit or other action by any governmental or regulatory agency or pnvate party 1nvolvmg the Property and any Hazardous Substance or Envtronmental Law of which Borrower has actual knowledge, (b) any Environmental Condttmn, mcludmg but not hm1ted to, any sptlhng, leakmg, discharge, release or threat of release of any Hazardous Substance, and (c) any cond1t1on caused by the presence, use or release of a Hazardous Substance whtch adversely affects the value of the Property If Borrower learns, or 1s not1f1ed by any governmental or regulatory authority, or any pnvate party, that any removal or other remedtatton of any Hazardous Substance affectmg the Property 1s necessary, Borrower shall promptly take all necessary remedial acttons in accordance with Environmental Law Nothmg herem shall create any obhgatton on Lender for an Environmental Cleanup NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 22 Accelerat10n, Remedies, Lender shall give notice to Borrower prior to acceleration folloWIDg Borrower's breach of any covenant or agreement ID this Security Instrument (but not prior to acceleration under Section 18 unless Appbcable Law provides otherwise), The notice shall specify (a) the default, (b) the action required to cure the default, (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured, and (d) that failure to cure the default on or before the date spec1f1ed m the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days 10 the future The notice shall further worm Borrower of the right to remstate after acceleration, the right to brtng a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be tncluded tn the notice by Applicable Law. If the default ts not cured on or before the date specified rn the notice, Lender at 1ts option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may 10voke the power of sale and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses mcurred 10 pursuing the remedies provided ID this Sectton 22, 10clud1ng, but not hmited to, reasonable attorneys' fees and costs of title evidence. If Lender mvokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's elect10n to cause the Property to be sold. Trustee and Lender shall take such action regardmg notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may requ1te. After the time reqmred by Appltcablc Law and after pubhcat,on of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale m one or more parcels and m any order Trustee determines. Trustee may postpone sale of tho Property for a penod or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale. Lender or its des1gnee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied The recitals ID the Trustee's deed shall be prima facie evidence of the truth of the statements made therem Trustee shall apply the proceeds of the sale ID the follow1Dg order-(a) to all expenses of the sale, mcludmg, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument, and (c) any excess to the person or persons legally entitled to 1t or to the clerk of the supenor court of the county m which the sale took place. ~-6(WA) (0012) hutiala <:, Sf-< ..,Form 3048 1/01 Page 13 of JS CVWA 06/23/04 5 42 PM 6931554023 20040625002233.0 14 :23. Reconveyance. Upon payment of all sums secured by tbis Security Instrument, Lender shall: request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee Trustee shall reconvey the Property without warranty to the person or persons legally entitled to tt. Such person or persons shall! pay any recordation costs and the Trustee's fee for preparing the reconveyance 24. Substitute Trustee. In accordance with Apphcable Law, Lender may from tune to ttme appoint a successor trustee to any Trustee appointed hereunder who has ceaaed to act Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duttes conferred upon Trustee herem and by Apphcable Law 25. Use of Property. The Property ts not used prmcipally for agricultural purposes 26. Attorneys' Fees Lender shall be entitled to recover its reasonable attorneys' fees and costs! m any act10n or proceeding to construe or enforce any term of this Secun ty Instrument The . term·" attorneys' fees," whenever used in thlB Secunty Instrument, shall mclude without hmitat1on attorneys' fees incurred by Lender m any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contamed m tlus Security Instrument and m any Rider executed by Borrower and recorded w1th it ____________ (Seal) -Borrower ____________ (Seal) -Borrower ------------(Seal) -Borrower Ct,.=-:1,v..~)_w_-S..,_t_MJ'-'-----(Seal) GURDEV SINGH -Borrower -~-· ---"'d-=--_k-_~_:__:=---(Seal) SURJ IT KAUR -Borrower ------------(Seal) -Borrower ------------(Seal) -Borrower ___________ (Seal) ~Borrower Ct?.-o{WA) (0012) Pago 14 of 1S Form 3048 1/01 CV/IA 06/23104 5 42 PM 6931554023 20040626002233:0TS J ••. STATE OF WASIDNGTON County of King 'On this day personally appeared before me QJRDEV SINGH and SURJIT KAUR to me known to be the mdividual(s} described m and who executed the_w1thin and foregom~ instrument, and acknowledged that helsh@1gned the same as htS/her~ree and voluntary act and deed, for the uses and purposes therem mentJone\l., GIVEN under my hand and off1c1al seal this ;;;l t./ 'f1t day of June,1 2004 Notary Publlc 10 and for the State of Washulgton, residing a\ King County Marsha M. Boyd My Appointment Expires on 3-29-2006 Gt\"'6(W A) (0012) Initials S, k. Forril 3048 1101 Page 15 of 15 CVWA 06/23104 5 42 PM 6931554023 20040625002233.0 16 LOAN# 6931554023 ADJUST ABLE RATE RIDER THIS ADJUSTABLE RATE RIDER 1s made this 23RD day of JUNE, 2004 , and 1s mcorporated tnto and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Secur1ty Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's AdJustable Rate Note (the "Note") to BANK OF AMERICA, NA (the "Lender") of the same date and covenng the Property described in the Security Instrument and located at 11328 SOUTHEAST 192ND STREET, RENTON, WA 98055 [Property Address! THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT, INCREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS. ADDITIONAL COVENANTS. In addition to the covenants and agreements made m the Security Instrument, Borrower and Lender further covenant and agree as follows A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an m1t1al interest rate of 5 750 %. The Note provides for changes m the interest rate and the monthly payments, as follows. 4 IN'l'EREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the FIRST day of JULY, 2009 , and on'that day every 12TH month thereafter Each date on which my interest rate could change'1S called a "Change Date' (BJ The Index Begtnmng with the first Change Date, my mterest rate will be based on an Index The "Index" IS MULTISTATE ADJUSTABLE RATE RIDER -Srngle Family Pt.t• 1 of 8 BS899R.10101103 VMP MORTGAGI FORMS• {800)521•7291 MGNFI 06/23/04 5 42 PM 5931554023 20040625002233:017 THE ONE-YEAR LO\IOON INTERBANK OFFERED RATE ('LIBOR") WHICH IS THE AVERAGE Of INTERBANK OFFERED RATES FOR ONE-YEAR US DOLLAR-DENOMINATED DEPOSITS IN THE LONDON t.lARKET, AS PUBLISHED IN THE WALL STREET JOURNAL THE MOST RECENT li'IJEX FIGURE AVAILABLE AS Of THE DATE 45 DAYS BEFORE EACH CHANGE DATE IS CALLEO THE 'CURRENT INDEX'• If the Index 1s no longer available, the Note Holder will choose a new Index that 1s based upon comparable mformat10n The Note Holder will give me notice of this choice. ( C) Calculatton of Changes Before each Change Date, the Note Holder w,11 calculate my new mterest rate by addmg TWO AND ONE-QUARTER percentage pomts ( 2 250 % ) to the Current Index The Note Holder will then round the result of thw addit10n to the D Nearest [!QNext Highest D Next Lowest ONE-EIGHTH OF ONE PERCENTAGE POINT ( 0 125 %) SubJectto the limits statc<l m Section 4(D) below, this rounded amount w,11 be my new mterest rate until the next Change Date The Note Holder w11l then determme the amount of the monthly payment that would be sufficient to repay the unpaid pnnc1pal I am expected to owe at the Change Date m fu11 on the maturity date at my new mtecest rate in substantially equal payments The result of this calculation will t,;, the new amount of my monthly payment IBJ Interest-Only Period The "lnteresi-only Penod" 1s the period from the date of this Note through JULY O 1 , 2009 , Foe the intecesi-only penod, after calculatmg my new interest rate as provided above, the Note Holder will then determine the amount of the monthly payment that would be sufficient to pay the mterest wluch accrues on the unpaid pnncipal of my loan. The result of this calculation will be the new amount of my monthly payment The "Amortization Period" is the penod after the mteresi-only period For the amortization per10d; after calcu!at1ng my new interest rate as provided above, the Note Holder will then deternime the amount of the monthly payment that would be suff1c1ent to repay the unpaid prmcipal that I am expected to owe at the Change Date m full on the Maturity Date at my new mterest rate m substantially equal payments The result of this calculat10n will be the new amount of my monthly payment BS899R·,0101103 MGNR 06/23/04 5 42 PM 6931554023 20040625002233.0 18 (D) Limits on Interest Rate Changes (Please check a pro nate boxes; tf no box is checked, there will be no maximum limit on changes 'El (1) There will be no maximum limit on mterest rate changes (2) The mterest rate I am required to pay at the fust Change Date will not be greater than % or less than % D (3) My mterest rate will never be mcroased or decreased on any smgle Change Date by more than percentage pomts ( % ) from the rate of mterest I have been paying for the preceding period 0 (4) My mterestrate will never be greater than 10 750 %, which is called the 11 Max1mum Rate " D (5) My mterest rate will never be less than % , which is called the "Muumum Rate " D (6) My interest rate w,11 never be less than the iruttal interest rate Q9 (7) The interest rate I am reqwred to pay at the f,rst Change Date will not be greater than 10 750 % or less than 2 250 % Thereafter, my mterest rate will never be mcreased or decreased on any smgle Change Date by more than TWO percentage points ( 2 000 % ) from tho rate of interest I have been paying for the preceding penod (E) Effective Date of Changes My new interest rate will become effective on each Change Date I will pay tho amount of my new monthly payment beginmng on tho ftrst monthly payment date after the Change Date unit! the amount of my monthly payment changes agam. (Fl Notice of Changes The Note Holder w,11 deliver or ma!l to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change The nottco will mclude mformallon required by law to be given to me and also the tttle and telephone number of a person who will answer any question I may have regardmg the notice. BS899R co 1 o 11 03 P11• 3 of e MGNR 06/23/04 5 42 PM 6931554023 20040625002233.019 B TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Umform Covenant 18 of the Securny Instrument ts amended to read as follows (1) llliEN MY INITIAL FIXED INTEREST RATE CHANCES TO />N ADJUSTABLE INTEREST RATE UNOER THE TERMS STATED IN SECTION 4 ABOVE. IJIJIFORI.I COVENANT 18 OF THE SECURITY INSTRI.MENT DESCRIBED IN SECTION 8(2) BELOW SHALL THEN CEASE TO BE IN EFFECT. AIIO 1.NIFOPI.I COVENANT 18 OF THE SECURITY INSTALMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS Transfer of the Property or a Beneficial Interest m Borrower As used 10 this Sect10n 18, "Interest m the Property" means any legal or benef1c1al interest m the Property, mclud10g, but not ltm1ted to, those benef1c1a! mterests transferred 10 a bond for deed, contract for deed, installment sales contract or escrow agreement, the mtent of which ts the transfer of the title by Borrower at a future date to a purchaser If all or any part of the Property or any Interest m the Property 1s sold or transferred (or tf a Borrower ,snot a natural person and a beneficial interest m Borrower ,s sold or transferred) without Lender's prior wntten consent, Lender may require 1mmed1ate payment m full of all sums secured by th1s Security Instrument However, this optrnn shall not be exercised by Lender tf such exercise 1s proh1b1ted by Apphcable Law Lender also shall not exercise this option 1f (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as tf a new Joan were bemg made to the transferee, and {b) Lender reasonably determmes that Lender's security will not be 1mpa1red by the loan assumption and that the risk of a breach of any covenant or agreement m th1s Security Instrument 1s acceptable to Lender To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption Lender also may require the transferee to sign an assumption agreement that ts acceptable to Lender and that obhgates the transferee to keep all the prom,ses and agreements made m the Note and 10 th,s Security Instrument Borrower w,11 contmue to be obhgated under the Note and th,s Security Instrument unless Lender releases Borrower m writing BS899R 10101>03 P•o• 4 of 5 MGNR 06/23/04 5 42 PM 6931554023 20040625002233.020 If Lender exercises the option to require immediate payment m full, Lender shall give Borrower notlce of acceleration. The notice shall provide a penod of not less than 30 days from the date the notice '" given ,n accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails tc pay these sums pnor to the expiration of this period, Lender may mvoke any remedies permitted by thrn Security Instrument without further notlce or demand on Borrower (2) lNTIL MY INITIAL FIXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATEO IN SECTICN 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTALMENT SHALL READ AS FOLLOWS TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER AS USEO IN THIS SECTION 18, "INTEREST IN THE PROPERTY" MEANS ANY LEGAL OR BENEFICIAL INTEREST IN THE PROPERTY, INCLUOING, BUT NOT LIMITEO TO. THOSE BENEFICIAL INTERESTS TRANSFERREO IN A BONO FOR DEED, CONTRACT FDR OEED, INSTALLMENT SALES CONTRACT OR ESCROW AGREEMENT, THE INTENT OF WHICH IS THE TRANSFER OF TITLE BY BORROWER AT A FUTURE DATE TO A PURCHASER IF ALL OR ANY PART OF THE PROPERTY OR ANY INTEREST IN THE PROPERTY IS SOLO OR TRANSFERRED (OR IF BORROWER IS NOT A NATURAL PERSON ANO A BENEFICIAL INTEREST IN BORROWER IS SOLD OR TRANSFERRED) WITHOUT LENDER'S PRIOR WRITTEN CONSENT, LENOER MAY REQUIRE l~EDIATE PAYMENT IN FULL OF All SUMS SECURED SY THIS SECURITY INSTR,,..ENT HOWEVER, THIS OPTION SHALL NOT SE EXERCISED av LENDER IF EXERCISE IS PROHIBITED BY APPLICABLE LAW IF LENDER EXERCISES THIS OPTION, LENDER SHALL GIVE BORROWER NOTICE OF ACCELERATION THE NOTICE SHALL PROVIDE A PERIOD OF NOT LESS THAN 30 DAYS FROM THE DATE THE NOTICE IS GIVEN IN ACCORDANCE WITH SECTION 15 WITHIN WHICH BORROWER MUST PAV ALL SUMS SECURED av THIS SECURITY INSIRLMENT IF BORROWER FAILS TO PAV THESE SUMS PRIOR TO THE EXPIRATION OF THIS PERIOD, LENDER MAY INVOKE ANY REMEDIES PERMITTED BY THIS SECURITY INSTR,,..ENT WITHOUT FURTHER NOTICE OR DEMAND ON BORROWER BS899Rl<o 10 Hoa MGNR 06123104 5 42 PM 6931554023 20040625002233.021 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in th1s AdJustable Rate R,der GURDEV SINGH \ (Seal) -Borrower $!02.d~ (Seal) SURJIT KAUR -Borrower (Seal) < ' -Borrower ) (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower BS899R 101ono• Pa9e&oflS MGNR 06/23/04 5 42 PM 6931554023 ---··--1 20040625002234.001 11111111111111 il~a~:r yl~0~ 50 ~i~34 08/25/2094 15·41 Return To LOAN# 6081529312 KING COUNTY, IIA FL9-'700-01-01 JACKSONVILLE POST CLOSING BANK OF AMERICA 9000 SOUTHSIDE BLVD BLDG 700, FILE RECEIPT DEPT JACKSONVILLE, FL 32256 Assessor's Parcel or Account Number 322305903807 At1r~;~ds~ 1l;W~;, f2o .~D. i3o o75oi,v Cinolude lot, block "and plat or sect10.n, township and rangal ~ull legal description located on page THREE Trustee· PRLAP , I NC --------[Space Above This Line For Recording Data] -------- {j?) 3v0 Lt'6?'6&'1 DEED OF TRUST LOAN # 6081529312 'sfEWART TITLE THE PRIORITY OF THE LIEN CREATED BY THIS DEED OF TRUST SHALL BE SUBORDINATE AND INFERIOR TO THE LIEN CREATED BY A DEED OF TRUST COVERING THE PROPERTY MADE AMONG BORROWER, TRUSTEE AND LENDER OF EVEN DATE HEREWITH AND RECORDED CONCURRENTLY IN REAL PROPERTY RECORDS DEFINITIONS Words used rn multiple sections of tlus document are defmed below and other words are defmed m Sections 3, 11, 13, 18, 20 and 21 Certain rules regardtng the usage of words used rn this document are also provided rn Section 16 (A) "Security Instrument" means this document, which 1s dated JUNE 23, 2004 together with all Riders to tlus document. (B) "Borrower" 1s ( Cl cl lv /..e GURDEV SINGH AND SURJ IT KAUR rfv,b'i 11 ~ fl ' I Borrower 1s the trustor under this Security Instrument. (C) "Lender" 1s BANK OF AMERICA, N A W ASHINGTON-Smgle Fanuly-Fanmc Mac/Freddie Mac UNIFORM INSTRUMENT Form 3048 1101 Q,·6(WA> (0012) LP Page l of 15 iruttals "'-,\, VMP MORTGAGE FORMS· (800)521-7291 S!i Cl/WA 06/{3/04 5 43 PM 6081529312 I 11111111111~ 11111111111111111 IIII --20040625002234.002 Lender w a NAT I ONAL BANK I NG ASSOC I AT I ON organized and ex1st1ng under the laws of THE UN I TED STA TES OF AMER I CA Lender's address ts 300 ELL INWOOD WAY, SU I TE 201, PLEASANT HI LL, CA 945230000 Lender ts the benef1c1ary under this Security Instrument (D) "Trustee" w PRLAP, I NC (E) "Note" means the promissory note stgned by Borrower and dated JUNE 23, 2004 The Note states that Borrower owea Lender FORTY FI VE THOUSAND AND 00/ 100 Dollars (U s.: $ 45, 000 00 ) plus mtereat Borrower has promised to pay this debt m regular Penodtc Payments and to pay the debt m full not later than JULY 01, 2019 (F) "Property" means the property that ts deacnbed below under the heading "Transfer of Rights in the Property " (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (H) •Riders" means all Riders to this Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower [check box as applicable) a A_ dJustable Rate Rtder Balloon Rider QVARtder O Condominium Rtder EJ Second Home Rtder D Planned Umt Development Rider J-4 Family Rider D Biweekly Payment Rider O Other(s) [spectfyl (I) "Applicable Law" means all controlltng applicable federal, state and local statutes, regulations, ordinances and admmistrat1ve rules and orders (that have the effect of law) as well as all appltcable fmal, non-appealable JUdtctal op,mons (J) "Commumty Association Dues, Fees, and Assessments" means all duea, fees, assessments and other chargea that are imposed on Borrower or the Property by a condom,mum assoc1at1on, homeowners assoc1at1on or sunilar organ12at1on. (K) "Electromc Funds Transfer" means any transfer of funds, other than a transaction originated by check. draft, or similar paper instrument, whtch 1s initiated through an electronic terminal, telephoruc instrument. computer. or magnetJ.c tape so as to order, instruct, or authonze a ftnancial mstitut10n to debit or credit an account Such term includes, but ts not ltmtted to, point-of-sale transfers, automated teller machine transactions, transfers m1t1ated by telephone, wire transfers. and automated clearinghouse transfers (L) "Escrow Items" means those items that are described in Section 3 (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damagea, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Sect10n 5) for. (,) damage to, or destructton of, the Property; (u) condemnation or other taktng of all or any part of the Property, (111) conveyance in lteu of condemnat10n, or (1v) m1srepreaentat10ns of, or om1ss1ons as to, the value and/or condition of the Property (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan (0) "Pert0dic Payment" means the regularly scheduled amount due for (i) principal and rnterest under the Note, plus (1i) any amounts under Section 3 of this Security Instrument (P) "RESP A" means the Real Estate Settlement Procedures Act (12 US.C Sectton 2601 et seq) and its:1mplementing regulation, Regulat10n X (24 CP.R Part 3500), as they might be amended from time to time, or any additional or successor leg1slat10n or regulat10n that governs the same sub1ect matter As used in this Security Instrument, 'RESP A' refers to all requirements and Ctt,--6(W A) (0012) Page 2 of IS Form 3048 1101 Cl/NA 06/23/04 5 43 PM 6081529312 20040626002234.003 restrict.tons that are imposed m regard to a "federally related mortgage loan" even if the Loan does not qualtfy as a "federally related mortgage loan• under RESP A (Q) "Successor 10 Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (1) the repayment of the Loan, and all renewals, extens10ns and modifications of the Note, and (u) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located 1n the COUNTY of KI NG (Type of Record10g Jurtsd1et1on1 [Name of Recording Junsdict..lonl LOT 2, SHORT PLAT NUMBER 482007, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NU',lBER 8303080870, RECORDS OF KING COUNTY, WASHINGTON Parcel ID Number 322305903807 11328 SOUTHEAST 192ND STREET RENTON ("Property Address") wluch currently has the address of [C,tyl, Washington98055 (Street) [Zip Codol TOGETHER WITH all the improvements now or hereafter erected on the property, and all easementa, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to m this Security Instrument as the "Property " BORROWER COVENANTS that Borrower 1s lawfully se1sed of the estate hereby conveyed and has the right to grant and convey the Property and that the Property JS unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property agarnst all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combmes uruform covenants for national use and non-uniform covenants with limited variatrnns by iurisdictrnn to constitute a umform security instrument covering real property UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows I. Payment of Prmc1pal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the lruu•l• t;'.: C S. k Form 3048 l/0! ~ -6(W A) (0012) P•ge 3 of 15 CVWA 06/23/04 5 43 PM 6081529312 20040625002234.0~ Note and any prepayment charges and late charges due under the Note Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall ho made m US currency However, 1f any check or other mstrument received by Lender as payment under the Note or tlus Security Instrument 1s returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and tlus Security Instrument be made Ill one or more of the following forms, as selected by Lender (a) cash, (b) money order, (c) cert1f1ed check, bank check, treasurer's check or cashier's check, provided any such check 1.s drawn upon an mst1tut1on whose depos1ts are insured by a federal agency, rnstrumentahty, or entity; or (d) Electronic Funds Transfer Payments are deemed received by Lender when received at the location designated m the Note or at such other locatton as may ho designated by Lender m accordance with the notice provisions m Section 15 Lender may return any payment or parttal payment 1f the payment or partial payments are msuffic1ent to brmg the Loan current Lender may accept any payment or partial payment msuff1c1ent to bnng the Loan current, without waiver of any rights hereunder or preJud1ce to 11>: rights to refuse such payment or partial payments m the future, but Lender 1s not obligated to apply such payments at the time such payments are accepted If each Per10d1c Payment is applied as of its scheduled due date, then Lender need not pay interest on unspplted funds Lender may hold such unapplted funds until Borrower makes payment to bring the Loan current If Borrower does not do so withtn a reasonable period of time, Lender shall either apply such funds or return them to Borrower If not applted earlier, such funds will be applied to the outstanding prmc1pal balance under the Note 1mmedrntely J)l'IOr to foreclosure No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and thts Secunty Instrument or performing the covenants and agreements secured by tlus Security Instrument 2. Appltcatton of Payments or Proceeds. Except as otherwise described in this Sect10n 2, all payments accepted and applied by Lender shall be applied in the followmg order of pnonty (a) mterest due under the Note, (b) prrncipaJ due under the Note, (c) amounts due under Section 3 Such payments shall be applied to each Periodic Payment m the order m wluch 1t became due Any remammg amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the prmc1pal balance of the Note. If Lender rece1vea a payment from Borrower for a delinquent Penod1c Payment which mcludes a suff1c1ent amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge If more than one Penodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid rn full. To the extent that any excess exists after the payment 1s applied to the full payment of one or more Periodic Payments, such excess may ho applied to any late charges due Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note Any apphcatlon of payments, lllS\lrance proceeds, or Miscellaneous Proceeds to prrnc1pal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments 3.' Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, untJl the Note 1s paid in full, a sum {the "Funds") to provide for payment of amounts due for (a) taxes and assessments and other items whtch can attain priority over thts Security Instrument as a lien or encumbrance on the Property, (b) leasehold payments or ground rents on the Property, 1f any, (c) premmms for any and all msurance required by Lender under Sect10n 5, and (d) Mortgage Insurance premiums, tf any, or any sums payable by Borrower to Lender rn lieu of the payment of Mortgage Insurance premmms Ill accordance with the prov1s1ons of Section JO These items are called "F.scrow Items • At ongrnat,on or at any time durmg the Initials e $ S, "< Form 3(M8 1101 ~-6(W A) (0012) Pago 4 of 15 Cl/WA 06/23/04 5 43 PM 6091529312 20040625002234.005 term of the Loan, Lender may requtre that Commuruty Association Dues, Fees, and Assessments, ,1 any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices of amounts to be patd under this Section Borrower shall pay Lender the Funds for Escrow Items unless Lender watve.s Borrower's obhgatton to pay the Funds for any or all Escrow Items Lender may watve Borrower's obhgatmn to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be m wnttng In the event of such watver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, 1f Lender requires, shall furrush to Lender receipts ev1dencmg such payment within such time period as Lender may require Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" rn used m Section 9 If Borrower 1s obligated to pay Escrow Items directly, pursuant to a watver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Sectton 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given rn accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and m such amounts, that are then required under thts Section 3 Lender may, at any time, collect and hold Funds rn an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA Lender shall estimate the amount of Funds due on the barus of current data and reasonable estimates of expenditures of future Escrow Items or otherwise l!I accordance with Appbcable Law The Funds shall be held ,n an mst1tut10n whose deposits are l!lsured by a federal agency, mstrumentahty, or entity (inc!udmg Lender, 1f Lender 1s an mstitution whose deposits are so msured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA Lender shall not charge Borrower for holdmg and applymg the Funds, annually analyzmg the escrow account, or verifymg the Escrow Items, unless Lender pays Borrower mterest on the Funds and Applicable Law permits Lender to make such a charge Unless an agreement is made tn writing or Apphcable Law requires rnterest to be paid on the Funds, Lender shall not be reqmred to pay Borrower any interest or earrungs on the Funds. Borrower and Lender can agree in writing, however, that mterest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accountmg of the Funds as required by RESP A If there ts a surplus of Funds held m escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESP A If there 1s a shortage of Funds held l!I escrow, as defmed under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage l!I accordance with RESPA, but l!I no more than 12 monthly payments. If there 1s a def10iency of Funds held m escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the def1c1ency ,n accordance with RESP A, but m no more than J 2 monthly payments Upon payment tn full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4 Charges; Liens Borrower shall pay all taxes, assessments, charges, fmes, and 1mporutions attributable to the Property which can attatn prtortty over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Communtty Assoc1at1on Dues, Fees, and Assessments, 1f any, To the extent that these items are Escrow Items, Borrower shall pay them tn the manner provided in Sectmn 3 ~-6(WA) (0012) 1n,11e1s ~s. 1-r Page 5 of 15 Po.rm 3048 1/01 C\IWA 06/23/04 5 43 PM 6081529312 20040625002234:00E Borrower shall promptly discharge any hen whtch has pnonty over this Security Instrument unless Borrower (a) agrees m wr1tmg to the payment of the obligation secured by the hen m a manner acceptable to Lender, but only so long as Borrower 1s performmg such agreement, (b) contests the hen in good faith by, or de/ends against enforcement of the hen m, legal proceedings which m Lender's opinion operate to prevent the enforcement of the hen while those proceedmgs are pending, but only until such proceedmgs are concluded, or (c) secures from the holder of the hen an agreement sattsfactory to Lender subordinattng the hen to this Security Instrument If Lender determines that any part of the Property 1s subject to a hen which can attam pnonty over this Security Instrument, Lender may give Borrower a notice identtfyrng the hen W1thtn 10 days of the date on whtch that nottce 1s given, Borrower shall satisfy the hen or take one or more of the actions set forth above m this Section 4 Lender may require Borrower to pay a one""t1me charge for a real estate tax verification and/or reporttng service used by Lender m connection with thts Loan 5 Property Insurance. Borrower shall keep the improvements now ex1sttng or hereafter erected on the Property insured agamst Joss by fire, hazards mcluded w1thm the term "extended coverage," and any other hazards includmg, but not limited to, earthquakes and floods, for which Lender requires insurance Thts msurance shall be maintamed rn the amounts (mcludtng deductible levels) and for the penods that Lender requues What Lender requires pursuant to the precedtng sentences can change during the term of the Loan The msurance carrier providing the msuranco shall be chosen by Borrower subJect to Lender's nght to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, m connection with this Loan, either (a} a one"iime charge for flood zone determmation, certification and tracking services, or (b) a one-ttme charge for flood zone determmat1on and certiftcation services and subsequent charges each time remapp1ngs or stm1lar changes occur which reasonably might affect such determmatton or certification Borrower shall also be respOilSl ble for the payment of any fees imposed by the Federal Emergency Management Agency m connectton with the review of any flood zone determmatton resultmg from an obiectwn by Borrower If Borrower fruls to mruntam any of the coverages described above, Lender may obtam insurance coverage, at Lender's optton and Borrower's expense. Lender ts under no obhgation to purchase any parttcular type or amount of coverage Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's eqUJty m the Property, or the contents of the Property, agamst any risk, hazard or ltab1hty and might provide greater or lesser coverage than was prev10usly m effect Borrower acknowledges that the cost of the rnsurance coverage so obtained might s1gmf1cantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such mterest, upon notJco from Lender to Borrower requesttng payment All insurance policies reqmred by Lender and renewals of such policies shall be subiect to Lender's right to disapprove such pohc1es, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an add1t10na! loss payee, Lender shall have the right to hold the po!,c,es and renewal certificates If Lender requires, Borrower shall promptly give to Lender all receipts of paid premrnms and renewal nottces. If Borrower obtruns any form of insurance coverage, not otherwise required by Lender, for damage to, or destruct1on of, the Property, such policy shall rnclude a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee In the event of loss, Borrower shall give prompt notice to the msurance carrier and Lender Lender may make proof of loss 1f not made promptly by Borrower Unless Lender and Borrower otherwise agree m writing, any insurance proceeds, whether or not the underlying insurance was SK ,S. ..,;(w A) (0012) Pago 6 oflS ' Form 3CM3 1101 CVWA 06123104 5 43 PM 6081129312 20040625002234.007 reqwred by Lender, shall be appl.ted to restoration or repair of the Property, if the restorat.ton or repair is economically feasible and Lender's security is not lessened. Dunng such repair and restorat.ton per10d, Lender shall have the right to hold such insurance proceeds until Lender has had an opportumty to inspect such Property to ensure the work has been completed to Lender's sat1sfact.lon, provided that such inspection shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration in a single payment or m a senes of progress payments as the work is completed Unless an agreement is made m writing or Appltcable Law requires mterest to be paid on such insurance proceeds, Lender shall not be rcqiured to pay Borrower any interest or earnings on such proceeds Fees for publtc adJUSlers, or other third parties, retamed by Borrower shall not be paid out of the msurance proceeds and shall be the sole obltgat,on of Borrower If the restorat10n or repair is not econom1cally feasible or Lender's security would be lessened, the msurance proceeds shall be apphed to the sums secured by tlus Security Instrument, whether or not then due, with the excess, 1f any, paid to Borrower Such msurance proceeds shall be applied m the order provided for m Section 2 If Borrower abandons the Property, Lender may ftle, negot!3te and settle any avatlable msurance claim and related matters If Borrower does not respond within 30 days to a notice from Lender that the insurance earner has offered to settle a claim, then Lender may negotiate and settle the claim The 30·day penod will begin when the notice 1s given In etther event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's nghts to any insurance proceeds m an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all msurance policies covermg the Property, insofar as such rights are applicable to the coverage of the Property Lender may use the 10surance proceeds either to reprur or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due 6. Occupancy Borrower shall occupy, establish, and use the Property as Borrower's principal residence w1thm 60 days after the execut.ton of tlus Security Instrument and shall contmue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees m wnt.tng, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property, Inspect10ns Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property Whether or not Borrower is res1dmg m the Property, Borrower shall maintain the Property m order to prevent the Property from deterioratmg or decreasmg in value due to ,ts cond1t10n Unless 1t ,s determmed pursuant to Sect.ton 5 that repair or restoration 1s not economically feasible, Borrower shall promptly repair the Property 1f damaged to avoid further deter10rat10n or damage If msurance or condemnat.ton proceeds are prud m connect.ton with damage to, or the takmg of, the Property, Borrower shall be responsible for repamng or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration m a single payment or in a series of progress payments as the work 1s completed If the insurance or condemnat.ton proceeds are not suff101ent to repair or restore the Property, Borrower 1s not relieved of Borrower's obligation for the completion of such repair or restorat10n Lender or its agent may make reasonable entries upon and 1nspec1:tons of the Property. If it has reasonable cause, Lender may mspect the interior of the improvements on the Property Lender .shall give Borrower notice at the time of or pnor to such an mtertor inspect.ton spec1fymg such reasonable cause ~-6(W A) (0012) Page 7 of 15 ln1t10ls G'.'."s Sk ' 'Form 30-48 1/01 CVWA 06/23/04 5 43 PM 6081529312 2004062500223't:008 8 Borrower's Loan Apphcat1on. Borrower shall be rn default 1f, during the Loan appltcatJon process, Borrower or any persons or entlties acting at the d1rect1on of Borrower or with Borrower's knowledge or consent gave matenally false, misleading, or inaccurate informat10n or statements to Lender (or fatled to provide Lender with matenal informatlon) m connect1on with the Loan Matenal representatlons include, but are not ltmited to, representations concemmg Borrower's occupancy of the Property as Borrower's prmetpal residence 9 Protection of Lender's Interest m the Property and Rights Under this Security Instrument. If (a} Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there ts a legal proceedmg that might sigmficantly affect Lender's interest m the Property and/or nghts under th.ts Security Instrument (such as a proceedmg tn bankruptcy, probate, for condemnation or forfeiture, for enforcement of a !ten which may attain priority over this Secunty Instrument or to enforce laws or regulattons), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever 1s reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, includmg protecttng and/or assessing the value of the Property, and securing and/or repamng the Properiy Lender's act10ns can tnclude, but are not ltm1ted to (a) paying any sums secured by a hen which has priority over this Security Instrument, (b) appearmg in court, and (c) paying reasonable attorneys' fees to protect its tnterest m the Property and/or rights under this Security Instrument, tncluding its secured positton in a bankruptcy proceeding Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, dram water from pipes, eltminate budding or other code violations or dangerous conditrnns, and have ut1ht1es turned on or off Although Lender may take actton under this Section 9, Lender does not have to do so and is not under any duty or obltgatlon to do so It 1s agreed that Lender mcurs no ltabiltty for not takmg any or all actions authonzed under this Section 9 Any amounts disbursed by Lender under this SectJon 9 shall become addit10nal debt of Borrower secured by thts Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such 1nterest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the prov1ruons of the lease. If Borrower acquires fee !!tie to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger ID wn!Jng. I 0. Mortgage Insurance. If Lender requtred Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to marntam the Mortgage Insurance m effect If, for any reason, the Mortgage Insurance coverage reqmred by Lender ceases to be available from the mortgage msurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance prevtously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously m effect, from an alternate mortgage rnsurer selected by Lender If substantlally equivalent Mortgage Insurance coverage is not available, Borrower shall contJnue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve tn heu of Mortgage Insurance Such loss reserve shall be non-refundable, notwithstandtng the fact that the Loan 1s ultimately paid tn full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments tf Mortgage Insurance coverage ( m the amount and for the period that Lender requires) provided by an rnsurer selected by Lender agam becomes avatlable, 1s obtamed, and Lender reqmres separately designated payments toward the premmms for Mortgage Insurance If Lender requtred Mortgage Insurance as a con di trnn of makmg the Loan and ~-6(WAl (0012) Page 8 of IS Initials rf \ 5, K. Form 3048 1/01 CVWA 06/23/04 5 43 PM 6081529312 20040625002234.009 Borrower was reqwred to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends m accordance with any written agreement between Borrower and Lender prov1dmg for such termination or unttl termination is reqwred by Applicable Law Noth,ng m th,s Sectmn 10 affects Borrower's obligatmn to pay interest at the rate provided m the Note Mortgage Insurance re1mburses Lender (or any ent,ty that purchases the Note) for certam losses it may mcur 1f Borrower does not repay the Loan as agreed. Borrower 1s not a party to the Mortgage lDSUJ"ance. Mortgage insurers evaluate their total risk on all such 1nsurance rn force from time to time, and may enter mto agreements with other parties that share or modify their rtsk, or reduce losses These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements These agreements may require the mortgage rnsurer to make payments usrng any source of funds that the mortgage insurer may have available (which may mclude funds obtained from Mortgage Insurance prerruums) As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other enl!ty, or any affiliate of any of the foregoing) may receive (directly or indirectly) amounts that derive from (or might be characterized as a port,on of Borrower's payments for Mortgage Insurance, in exchange for shanng or modifymg the mortgage insurer's risk, or reduc,ng losses If such agreement provides that an affiliate of Lender takes a share of the msurer's risk in exchange for a share of the premiums paid to the msurer, the arrangement is often termed "captive remsurance" Further· (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan Such ai;reements will not mcrease the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund (b) Any such agreements wtll not affect the nghts Borrower has -if any -with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other Jaw These rights may mclude the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automat,ca!ly, and/or to receive a refund of any Mortgage Insurance preml.ums that were unearned at the time of such cancetlat1on or termtnatton. 11. Assignment of Miscellaneous Proceeds, Forfeiture All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender If the Property is damaged, such Miscellaneous Proceeds shall be applted to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security ,s not lessened Durmg such rep81r and restoration period, Lender shall have the nght to hold such Miscellaneous Proceeds until Lender has had an opporturuty to tnspect such Property to ensure the work has been completed to Lender's sat1sfactton, provided that such 1nspect1on shall be undertaken promptly Lender may pay for the repairs and restorat10n in a smgle disbursement or m a series of progress payments as the work is completed Unless an agreement ,s made m writing or Appl,cable Law requires interest to be paid on such M,scellaneous Proceeds, Lender shall not be required to pay Borrower any mterest or earnmgs on such Miscellaneous Proceeds. If the restorat,on or repair is not economically feast ble or Lender's security would be lessened, the M1scellaneous Proceeds shall be applied to the sums secured by thrn Secur,ty Instrument, whether or not then due, with the excess, if any, paid to Borrower Such Miscellaneous Proceeds shall be applted m the order provided form Section 2 In the event of a total taking, destruct,on, or loss m value of the Property, the Miscellaneous Proceeds shall be applted to the sums secured by this Security Instrument, whether or not then due, w,th the excess, 1f any, paid to Borrower In the event of a partial taking, destruction, or loss m value of the Property in whtch the f31r market value of the Property immediately before the partial taking, destruction, or loss m value is equal to or greater than the amount of the sums secured by this Security Instrument ,mmedtately before the _partial taking, destruction, or loss m value, unless Borrower and Lender otherwise agree m writing, the sums secured by thts Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the followmg fraction (a) the total amount of the sums secured 'immed1&tely before the partial taking, destructmn, or loss m value divided by (b) the fair . ~-6(WA) (0012) Pago 9 of IS In,tials k\ ~ /.(. < Form 3048 1101 CVWA 06/23/04 5 43 PM 6081529312 2004os211002z:'.!il.o I e market value of the Property immediately before the partial taking, destruction, or loss in value Any balance shall be paid to Borrower · In the event of a partial taking, destruction, or loaa in value of the Property in which the fair market value of the Property 1mmed1ately before the partial taking, destruction, or loaa m value 1s less than the amount of the sums secured immediately before the partial takmg, destruction, or loss m value, unless Borrower and Lender otherwise agree m writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due If the Property ts abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposmg Party (as defmed m the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice 1s given, Lender is authonzed to collect and apply the Miscellaneous Proceeds either to restoratJon or repair of the Property or to the sums secured by this Secunty Instrument, whether or not then due "Opporung Party" means the thtrd party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a nght of action in regard to M,scellaneous Proceeds Borrower shall be m default if any action or proceed.mg, whether civil or onmmal, 1s begun that, · m Lender's judgment, could result m forfeiture of the Property or other rnater,aJ impairment of Lender's mterest in the Property or righta under this Secunty Instrument Borrower can cure such a default and, tf acceleration has occurred, remstate as provided m Section 19, by causing the actmn or proceeding to be dismissed with a ruling that, m Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest m the Property or rights under thrn Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's mterest m the Property are hereby assigced and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoratJon or repair of the Property shall be applied m the order provided for m Section 2 J,2 Borrower Not Released, Forbearance By Lender Not a Waiver. Extension of the time 'for payment or mod1f1cat1on of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor m Interest of Borrower shall not operate to release the hab1hty of Borrower or any Successors in Interest of Borrower Lender shall not be requ1red to commence proceedmgs against any Successor m Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by thrn Security Instrument by reason of any demand made by the ong,.nal Borrower or any Successors m Interest of Borrower Any forbearance by Lender m exercising any right or remedy mclud1ng, without hmitat1on, Lender's acceptance of payments from third persons, ent1t1es or Successors m Interest of Borrower or m amounts less than tho amount then due, shall not be a waiver of or preclude the exercise of any right or remedy 13. Joint and Several :C1abd.1ty, Co-signers, Successors and Assigns Bound Borrower covenants and agrees that Borrower's obligatJons and ltab1hty shall be JOtnt and several However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-s,gner") (a) 1s co-sign~ this Security Instrument only to mortgage, grant and convey the co-s1gcer's interest m the Property under the terms of thts Secunty Instrument, (b) ts not personally obltgated to pay the sums secured by thrn Security Instrument, and (c) agrees that Lender and any other Borrower can agree to eXtend, modify, forbear or make any accommodations with regard to the terms of thts Security Instrument or the Note without the co-signer's consent SubJect to the prov1s1ons of Section 18, any Successor m Interest of Borrower who assumes Borrower's obhgat1ons under this Security Instrument m wnting, and 1s approved by Lender, shall obtam all of Borrower's rights and benefits under tlus Security Instrument Borrower shall not be released from Borrower's obhgations and liab1l1ty under thts Security Instrument unless Lender agrees to such release m writmg The covenants and agreements of this Security Instrument shall bmd ( except as provided in Secnon 20) and benefit the successors and aSSJgns of Lender 14. Loan Charges Lender may charge Borrower fees for services performed m connection with Borrower's default, for the purpose of protectmg Lender's mterest m the Property and rights under this Security Instrument, mcludtng, but not hmited to, attorneys' fees, eroperty 1nspect10n and valuation fees In regard to any other fees, the absence of express authority m this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly proh1b1ted by this Security Instrument or by Apphcable Law lntttals es s k , Form 3048 1101 · tQ.-6(WA) (0012) Page 10 of 15 CVWA 06/23/04 5 43 PM 6081529312 2004062!1002234.0 I 1 If the Loan 1s subJect to a law which sets maximum loan charges, and that law is fmally mterpreted so that the mterest or other loan charges collected or to be collected in connection with the Loan exceed the permitted 11.truts, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits wdl be refunded to Borrower Lender may choose to make this refund by reducmg the princ1 pal owed under the Note or by making a direct payment to Borrower. If a refund reduces pnncipa!, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note) Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a wruver of any nght of action Borrower might have arising out of such overcharge 15. No11ces. All notices given by Borrower or Lender m connection with th,s Security Instrument must be m wnting Any notioe to Borrower m connection with this Secunty Instrument shall be deemed to have been given to Borrower when mailed by first class mat! or when actually delivered to Borrower's notice address 1f sent by other means Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expresaly requires otherwise The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure There may be only one designated notice address under this Security Instrument at any one time Any notice to Lender shall be given by dehvermg it or by ma1ltng it by first class mall to Lender's address stated herein unless Lender has designated another address by notice to Borrower Any notice m connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender If any notice required by this Security Instrument is also required under Apphcable Law, the Appltcable Law requirement will satisfy the correspondmg requirement under this Security Instrument 16 Governing Law, Severab1bty; Rules of Construction. This Secunty Instrument shall be governed by federal law and the law of the JUnsdict1on tn which the Property is located All rights and obligations contained in this Secunty Instrument are subJect to any reqwrements and hmitat10ns of Applicable Law Applicable Law might explicitly or implicitly allow the partles to agree by contract or it might be stlent, but such stlence shall not be construed as a proh1 bition agrunst agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other proviS1ons of this Secunty Instrument or the Note which can be given effect without the conflicting prov1S1on As used 10 this Secunty Instrument (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words tn the singular shall mean and mcluae the plural and vice versa; and (c) the word "may" gives sole dtscretlon without any obhgat1on to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Secunty Instrument 18 Transfer of the Property or a Bencfictal Interest m Borrower As used tn th,s Sect10n 18, "Interest 10 the Property" means any legal or benef101al mterest in the Property, including, but not limited to, those beneficial interests transferred m a bond for deed, contract for deed, mstallment sales contract or escrow agreement, the mtent of which 1s the transfer of title by Borrower at a future date to a JlUrchaser If all or any part of the Property or any Interest m the Property 1s sold or transferred (or if Borrower 1s not a natural person and a beneficial mterest in Borrower is sold or transferred) without Lender's pnor written consent, Lender may require immediate payment m full of all sums secured by this Secunty Instrument However, thts option shall not be exercised by Lender if such exercise is prohibited by Applicable Law If Lender exercises this opt10n, Lender shall give Borrower notice of accelerat.10n The nottce shall provide a period of not less than 30 days from tho date the notice is given 10 accordance with Sect10n 15 within which Borrower must pay all sums secured by this Secunty Instrument If Borrower fails to pay these sums prior to the expiration of this penod, Lender may mvoke any remedies permitted by this Securtty Instrument without further notice or demand on Borrower -6(WA) (0012) Pego lJ of 15 s It' ' ' Form 3048 1/01 CVWA 06/23/04 5 43 PM 6081529312 .-, 20040625002234.012 19. Borrower's Right to Remstate After Accelerat1on. If Borrower meets certarn conditions, Borrower shall have the right to have enforcement of this Security Instrument dJscontmued at any time pNor to the earliest of (a) five days before sale of the Property pursuant to any power of sale contamed m tlus Secunty Instrument; (b) such other period as ApPlicable Law.might specify for the termmat10n of Borrower's nght to reinstate; or (c) entry of a JUdgment enforcrng this Secunty Instrument Those conditions are that Borrower· (a) pays Lender all sums which then would be due under this Security Instrument and the Note as tf no acceleration had occurred; (b} cures any default of any other covenants or agreements, (c} pays all expenses incurred in enforcrng this Security Instrument, mcluding, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's mterest m the Property and rights under this Security Instrument, and (d} takes such act10n as Lender may reasonably require to assure that Lender's mterest rn the Property and rights under this Secunty Instrument, and Borrower's obligation to pay the sums secured by this Secunty Instrument, shall continue unchanged Lender may requ,re that Borrower pay such reinstatement sums and expenses m one or more of the followmg forms, as selected by Lender (a) cash, (b} money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, rnstrumental1ty or entity, or (d} Electronic Funds Transfer Upon remstatement by Borrower, this Secunty Instrument and obltgations secured hereby shall remain fully effective as if no acceleration had occurred However, this nght to retnstate shall not apply m the case of acceleratton under Section 18 20 Sale of Note1 Change of Loan Servicer, Notice of Grievance. The Note or a partial interest rn the Note \ together with this Security Instrument) can be sold one or more times without prior notice to Borrower A sale might result m a change m the entity (known as the "Loan Servicer"} that collects Pertodic Payments due under the Note and this Secunty Instrument and performs other mortgage loan servicmg obltgat10ns under the Note, this Secunty Instrument, and Apphcable Law There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note If there 1s a change of the Loan Servicer, Borrower will be gtven written notice of the change which will state the name and address of the new Loan Servtcer, the address to which payments should be made and any other information RESPA requires m connection with a notice of transfer of servtcing Ir the Note 1s sold and thereafter the Loan 1s serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan semcmg obhgatlons to Borrower wdl remam with the Loan Servicer or be transferred to a successor Loan Servteer and are not assumed by the,Note 1mrchaser unless otherwise provided by the Note purchaser Neither Borrower nor Lender may commence, Jom, or be JOtned to any Judicial actton (as either an md1v1dual htigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given m compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable penod after the givmg of such notice to take corrective action If Applicable Law provides a time period which must elapse before ccrtam action can be taken, that time per10d will be deemed to be reasonable for purposes of this paragraph The notice of acceleration and opportumtr to cure g1ven to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportumty to take corrective act1onfrov1sions of this Sect10n 20 2 Hazardous Substances. As used m this Section 21 (a} "Hazardous Substances• arc those substances defmed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances. gasoline, kerosene, other flammable or toxic petroleum products, tmac pest1c1dcs and herbicides, volatile solvents, materJBls containing asbestos or formaldehyde, and radioactive matenals; (b} "Environmental Law" means federal laws and laws of the jur1sd1ct1on where the Property 1s located that relate to health, safety or environmental protectton, (c) "Environmental Cleanup" mcludes any response action, remedial action, or removal action, as defmed m Environmental Law, and (d) an "Bnv1ronmental Condition" means a condition that can cause, contribute to, or otherwise trtgger an Envtronmental Cleanup Borrower shall not cause or permit the presence, use, d1sposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or 1n the Property ~-6(WA) (0012) Page 12 of JS Form 30-48 1/01 CVWA 06/23/04 5 43 PM 6081529311 20040625002234.0I~ Borrower shall not do, nor allow anYone else to do, anything affectmg the Property (a) that 1s m violation of any Environmental Law, (b) which creates an Environmental Cond.ttton, or (c) which, due to the presence, use, or reloase of a Hazardous Substance, creates a condition that adversely affects the value of the Property The preced.tng two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropnate to normal residential uses and to maintenance of the Property (mcludmg, but not limited to, hazardous substances m consumer products) ,Borrower shall promptly give Lender wntten notice of (a) any investigation, claim, demand, lawSUJt or other action by any governmental or regulatory agency or pnvate party mvolvrng the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Cond.ttion, rncluding but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property If Borrower learns, or 1s nollf1ed by any governmental or regulatory authonty, or any private party, that any removal or other remodrntion of any Hazardous Substance affecllng the Property 1s necessary, Borrower shall promptly take all necessary remedial actions rn accordance with Envtronmental Law. Nothing herein shall create any obltgatmn on Lender for an Env1ronmental Cleanup NON-UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 22 Accelerat10n, Remedies. Lender shall give notice to Borrower prior to acceleration followmg Borrower's breach of any covenant or agreement rn th1s Security Instrument (but not _prior to acceleration under Sect10n 18 unless Applicable Law provides otherwise). The nohce shall specify (a) the default, (b) the action required to cure the default, (c) a date, not less than 30 days from the date the nohce 1s given to Borrower, by which the default must be cured, and (d) that failure to cure the default on or before the date specified in the notice may result m acceleration of the sums secured by this Secunty Instrument and sale of the Property at public auctton at a date not less than 120 days m the future The nohce shall further mform Borrower of the nght to remstate after accelerot10n, the right to brtng a court act10n to assert the non-existence of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be mcluded tn the notice by Apphcable Law If the default 1s not cured on or before the date spec1f1ed m the nohce, Lender at 1ts opt10n, may requ1re immediate payment tn full of all sums secured by this Securtty Instrument without further demand and may mvoke the power of sale and/or any other remedies permitted by Apphcable Law. Lender shall be entitled to collect all expenses mcurred m pursuing the remedies provided rn th1s Section 22, includmg, but not hm1ted to, reasonable attorneys' fees and costs of title evidence. If Lender mvokes the power of sale, Lender shall give written nottce to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold Trustee and Lender shall take such action regardmg notice of sale and shall g1ve such notices to Borrower and to other persons as Applicable Law may require. After the tune required by Apphcable Law and after pobhcahon of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auct10n to the highest bidder at the tune and pface and under the terms destgnated m the notice of sale w one or more parcels and in any order Trustee determmes. Trustee may postpone sale of the Property for a period or periods permitted by Apphcablo Law by pubhc announcement at the time and place fixed m the notice of sale. Lender or 1ts des1gnee may purchase the Property at any sale. Trustee shall dehver to the purchaser Trustee's deed conveymg the Property without any covenant or warranty, expressed or imphed. The recitals m the Trustee's deed shall be pruna facte evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale m the followmg order· (a) to all expenses of the sale, mcludrng, but not ltmited to, reasonable Trustee's and attorneys' fees, (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place. Gtt,--6(WA) (0012) Pago 13 of 15 In1t1a1, -e~ S, /<; Form 3048 1101 CVWA 06/23/04 5 43 PM 6081529312 2004062!10022!4.C, 14 23 Reconveyance. Upon payment of all sums secured by this Secunty Instrument, Lender shall request Trustee to reconvey the Property and shall surrender tills Security Instrument and all notes evidencing debt secured by th,s Security Instrument to Trustee Trustee shall reconvey the Property without warranty to the person or persons legally entitled to 1t. Such person or persons shall pay any recordatton costs and the Trustee's fee for preparing the reconveyance ,24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to llme appomt a successor trustee to any Trustee appomted hereunder who has ceased to act Without conveyance of the Property, the successor trustee shall succeed to all the tttle, power and duties conferred upon Trustee herein and by Applicable Law .25 Use of Property. The Property 1S not used pnnctpally for agricultural purposes 26 Attorneys' Fees. Lender shall be entitled to recover tis reasonable attorneys' fees and costs in any action or proceedmg to construe or enforce any term of this Secunty Instrument The term, "attorneys' fees,' whenever used m thts Secunty Instrument, shall include without ltmitat10n attorneys' fees incurred by Lender m any bankruptcy proceeding or on appeal ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with ,t -'~""'-"'=.;..,_,c.:;...__9=''=""'-"()c.......,.... ___ (Seal) GURDEV SINGH -Borrower -.:cS'-~-..c;.-=--_/~-----(Seal) SURJIT KAUR -Borrower ------------(Seal) ------------(Seal) -Borrower -Borrower (Seal) --------------___________ (Seal) ·Borrow or -Borrower ------------(Seal) ------------(Seal) -Borrower ~Borrower --6(WA) (0012) Page 14 of 15 Form 3048 1101 CVWA 06/23/04 5 43 PM 6081529312 -.. 20040929001!94.815 STATE OF WASHINGTON County of King On this day personally appeared before me a.JRDEV SINGH and SURJIT KAUR J •• ' to me known to be the md1vidual(s) described m and who executed the w1thm and foregomg rnstrument, and acknowledged that he/sh~s1gned the same as his/her~ee and voluntary act and deed, for the uses and purposea therein mention~ GIVEN under my hand and official seal this ;J,. 't ' ~ day of June, 1 2004 -----..... ~»?1~ Notary Pubhc 1n and for the Stato of Wash1ngto11, ros1cb4g at King County Marsha M. Boyd My Appomtment Expires on 3-29=2006 ~-6(WA) (0012) Pago 15 of 15 CVWA 06/23/04 5 43 PM 6081529312 1n, ... 1s C:; s k ' Fo,m lQ.48 1101 Filed for record at request ot (and when recorded return to): soos c=••k Water and sewer District p.o. Box S80J9 14616 s.E. 192nd Str•et Re~ton, ·.Washington 98058-1039 • - DIVELOPKR BZTEJISION QtkBORSEJODff lCUi!JtUl SOOS 0ZPJt WATER ),)11) 5nD. DISTRICT LA.n:COKl!R ~ HQ. _.1..§.L. wator Rni,olutioa 110. / f .'4 / Tnntlo•tioa date February 12 1 200 7 , 19.Ji!L__ T!lxs ~ mad• and entered into by and bet-.:een Soo• creek water and sewer oi'strict, a Waahington Hunicipal Corporation, h\lreina!tar referred to u -th• ·oiatrict·, and Wilson 2 X Partners • or an1gns, hereinafter collectively referred to•• •OVner•. NIT Hg SSE TB: wmtR.EAS. Olo'ner has installed water or Dever mains and/or facilities to provide 1ervice to pt"opert.ies within the 1ervice are& of the District, and the Oistrict:has accepted a Bill of sale tor sucb facilities; aad Wl!E:R.EAS, the Board o! co.iranis,ioners o!. the District has by Resolutioo provided for tha •xacution of agreements for th• reimbursement to owners or their ,uaigns from connectioa ch.u-9es of a portion Ot the coats o! auch !acilities from other property o-wners ·.rho au.baeq,•r,atly connect to cir use the facilities who did not contribute to the original cost thereof; and -l - .., ~--·---·-----..... '=5 ________ ._ . ..:C:::.· )~ I • 1 .: '1 IC·.· i r /, r ,, r f !, i . j. ~- !,. f. i '· • • - Latecomer Agreement No. !.62____ WKE:RJtAS, the facilities de:scribed in Exhibit .. ,. .. hereto have been in:stallod by owner, and ua.,,y be connected to or used by other property owners pursuant to tho Comprehensive Plan of the District; and lflll!OlDS, the Board ct Comm.iiusiooers has detamiaed which parcels ot Property would require •Wl&r facility improve111ttnts if developed u per:'li.tted by the Comprehenaive Plan ot the District~ the l•9•l desicription ot 11.uch pa.reels being de,cribed in Exhibit •a• hereto. ROIi', TIDCRZ7 ORB, IT IS M:RX1m 1 Pacillti••· That tho tacllities subject to this R11timbune111ent Aqreem.nt are thoae described in Exhibit • .,. .. hereto, the contents of vhieh are ~ncorporated herein by this reference as though fully set forth. 2. That tho railnburnment &rcta i:o vhich thh Rei.:nburselllftnt Aqreezn•nt 1• applicabl• i• h•r•by ·d•t•rmin•d to b• the area c:!escribed in Exhibit ·a· h•r•to, th• legal d••cription ot which i11 h•r•by i;ncor-porated herein by thl!1 reterence a11 though fully ••t tort~. J. Roimburae:ment .u.ouot. Th,1.t owner :11hall be entitled to l"ei:nliur110111en..: punuant hereto in a tot&l amount ot S 1 )6 774 54 ___ , leu1 tho 201 a'd:ninhtrative charg• d••cribod hen,inbelow, which .amou,1t •hall b• collected !rom th• rei.Jnbur••m•nt area at the rat•s deacribed in Exhibit ·s· heroto, which rates ot reimbur••ment aro incorporated herein by this rotorenc". ~•r acknowledge• that the such roi.mburtament amount ha11 been c:!eter.nined in accordance with R.c.w. 56.16.0JO and/or R.C,N. 57.16.010, as i, appropriate ~o tho nature of the tacilitie:11. 4. Reilabure..,.ot Period. That owner shall h. entitled to reiv\buraoll'l4tnt blltreto from conn•ction charges collect•d by th• District for a p•riod of t'itte•n ( 1SJ year• tram the dat• ot acceptance by the District of a Dill of s&lo for th• facilitiea described heroin. PUrauant borate, the entitlement o'f owner to roi.mbursem•nt shall ter:n.inate on tho 12th da·y of ; February 2007 -- 5. Collection After Roiaburaomoot Period. After tho date of ter.ni- nation ot OVT'ler•a entitlement to reilnbur11e111ont, tho District =iihall collect the ~aunt.a osta.bliahed heroin &a connection charqe• t.o en.,ura that all owners connecting to the Dhtrict•s facilitio.3 pay their fair share therefor. In sUch e,rent, tho facilities described herein shall not be considered donated, tbe potential for collection by the District, and the obligation for extended maintenance and operation of under-utilized faciliti•• to be considered in tho District's development ot its a.noral Facilitiet Charge• and ~onthly service charges. 6 • .ld:d.D.ia~ativa Chnrge. That all sums received by the District as connection charges to which this Reilnbursoment Agreement. would be applicable -' - •t) ,, >:. --~ • • - Latecomer Agreement No. 162 :shall be subject to an adminiattative c:barge of twenty p•rceDt (2CI) cf tbe amount collected, whicb amount ahall be deducted by the Dbtrict upon collection thereat'. The partiea hereto acknowledge that said amount is a reasonable estimate ot' the District~• act.lial adm.f.nist.rae.lve costs to be 'incurred. pursuaDt hereto, .and further aclcnovledge that such charge is not a pa.rt of tb• construction and contract admini~tratioo costs of the project. , 7. w&iver ol' 1tebbar..:i21ent. That in the eveftt ovaer, or its auign11 Vaivas entitlBDent to any reiJahurHment provided for horeill, such va.iver will be •ffKtive only _U exacuted and dlllinnd to the District prior to tho d&te atly coan.ction cbup from. vhicb reimburaQ!eat is reqQired hereunder i• ,'tend.red. to the Dht.rict, and prior to ehe date owner'• entitle111eot. to reimbuseJNnt hereunder tenlinates. rri such even.t, the Diae.rict abal.1 prep&Z"e and record a Raleaae in the Kin9 cOunty Auditor•• ottJ.c., ~e1eaain9 trom ••ld property all but ten percant ( 101; of the reimburHment UOW1t. to which .i.mount the Dhtrict vill remain entitled aa a coaneceion char9e for it• r'eaaona.ble esti.ated am.oded cost• of the administration h•reor. 8. ~atlona. That the Dbtrict ahall bava ~• d9bt to provide tor ~n• segr•gation ot conn.-otion charge• for ••ch owner of property within tho ro!Jnburseinont area described heroin; provided, how.ver, that any auch ••9r•v•tion shall reeult in no aogregated pa.reel with l••• than 100 !eet of frontage. ,. snforc-at by District. That owner agrees that the Diatrict•ti duty to •nforce thie Agreement will be limited instances of actual utilizat-4.on by Property ovnera of th• taailitiaa ducribed herein, and fUrtb•r agreH that any non-utilization of th••• facilitiea resulting from la.ad use dociaiona of ~ther agencies or tram a pro1>4trty owner•s deaign of & ayatom. tor aervics of Ule pro1>4trti•• described herein shall not be subject to reimbursement. 'l'h• ~iatrict•n only obli9ation ab&ll be to enforce its comprehensive Plan•• to 4ny such syatom. for providing service, which duty owner &Cknovled~• i• owed to the public, and not to owner. Notvithstanding the.for.90in9, th• Diatrict aqr••• to exerci1e goocs" faith in tbe protection ot owner#• riqhts hereunder, and further sgre•• to exorci•• good faith not to prevent or delay collection ot amounts from which owner i1 entitled to reimbursement beyond th• termina- tion date o! owner•• entitlement, as stated heroinabove. 10. ccsts of Enforcement. lirJ.y co•ts reasonably incurred by the District t;o enforce the tema ct _·tbin Agreement, including but not U.11Utad to reasonable attorney f••• and court coata, •hall be chllrgeablo to owner, a.nd shall bO deducted from connection cbugeu colloctod by th• District from which OVl1er would be entitled.to rdmburHment, provided, how.var, tb.• District and owner JDAY agree to •••ign to OWn•r tbo right to enforce colloction, which asaignment shall be without recourH by Owner. agd.nat the Diatrict; and provided further, that QVD.er aball pay to tbe District the tw.D.ty percent (20•) administratiff cost proYidtid tor· herainabove prior to, and as a condition to any such asaignment. · -J -· .!".l · 10 :i ' ' " ,, ., ,, .\ ., ~ ! i ·, t t I • ' / I ' I !~ , . I i ' ' ! I f I M 1· t I I l, ! ' ; ~- i. l :j ·, i ei • - ll. ~ .. 1rot1tication. owner •hall keep Dbt.rict adviaed of its ad~11a during the term of this Aqreomen.t for PllrPO••• of correspoudeDCe, ooticos or other ccmnunication pe,rtaini.ag hereto. The District shall ba requJ.r.cS. only to utiliza tb• addreH on file vith the District tor any pu.rpo••• required hereby. oum thio .J.l2..~•Y ot ---1.b:'l:l~.R:!..:::,., __ . 1~. STATE OF WASBINGTON) ) u (Dbtdct) COUH'ff OP UllO > i on tb.b /.l! day of ~,bL 1' 'l.!l:.___, befon n-tho unde'rd,nod, a Notary Public in~ I tor th• Sta.ta of wubiogton, duly comi.nionod and avoro, personally appeand O (4t{A) Pflflf;L and A:lz,C,«:t< 6CQ 7./ t... , to -know to be th• President and Secnt.uy, reapectively, of Soo• Creek Water and Sever Diatrict, tho llllnicipal corpo- ration that executed tho foro9oin9 inaUWMat and aclmovledqed th• said inat.rwDant tO be th t:tee &ad volu.ntary act and deed of aaid corporation, for tb• uaea and purpoaea therein Mntioaed, and on oath at.at.ad thae th•y ar• authariz•d to •x.cut• said lnstrwaea.t, and tba1;. th• ••al affixed la t.b~ cOrpo•at• · .. ...i of u.id municipal Corporation. · WITNESS 'Ill'/ band and official Hal hereto attixod t.b• day and y.ar first. above vritt•n, -' ._ I i l I r: ~ f f• I k. I ' I i ;.' ;. 1,, t" ' ): • • - STATE OF11D.SBDfGTON) I ) •• {Corporation) COUNTr or IUlfG >. i on i thb __ . day .of ., 19 __ , before me th• undoraignctd. • Notary Pllblic in and for th• State of vuhingtoo, duly commiadoned 11.DCl svorn, paraonally appH.red and · , to me ltnovn to btl th4I PrHidant &Dd. se,cretary, r••pect1nlJ, of, ,. tll• cozporatioa. that •xacuted. 1 tha toregoln9 lnaUUMnt and acknowledged the Hid ina~nt to be t.h• trNi I and -.olu.atazJ' aat and d•«I of H.ld corporation, tor Ch• ua.. and purpo•••: therein· -atiooed, and on o.Ch atae.d that t:hay are authorized to execute of aaid 1net.rument, and tbat the aaal aft~ 1• ~• corporate •••l of aaid Corporation. vrrwas IIIJ' hand and official Hal bar.to affixed tt&. d.y and 7aar tint above vrittan. STATE or WASBINCTON) In COUNTY or' JUNO ) NOTARY PUBLIC in and for tba Stat• of waahio~. raaidin9 at Hy coaabdon expires _ {Individual) oa :this day personally appaarad before me Tam .... a t.1 Howton .,,.,~•llDlld',,'M~a":"rfc'-1PJ...~W11.1i~)~BllPUDl-""':-,-;:,:-:--,,,-,' to IN known to be the indiYidual daacrU>.d in and vbo executed th• fore9oin9 inatrument· &Dd acknovl•d9ed th"• ___ a~gnad tbe HIN H ---voluntary act a d.-d. tor tha u••• and purpo••• 9;berein menticned. cl:VZ'H under r.ry hand and olfiei&l ----"'>¥-----'· 1'-9.4. -5 - Issaquah • 12-29 94 !. i:. ' 1 r ,. i ' '· ,. • - EXHIBIT "A" Soos Creek Water & Sewer District Sewer Latecomer's No. 162 DcscriptiOn of Facilities: Plat of Chinquapin Ridge Sewer Base Maps E-3 & F-3 1,831.00 lineal feet of 8-inch sewer main, 458 lineal feet of 6-inch sewer stubs. and 6 Manholes on Southeast 192nd Street from 300 feet East of 1081h Avenue Southeast to 610 feet east of 113th Way Southeast (adjoining Tax Lois 145, 662340·0112, 662340·0120, 662340-0129, 662340-0; 31, 38, 662340-0115, 662340-0150, 662340-0152. 662340-0141, 662310-0140. 2. iao. 105. 73. and 2591. I \ ,'')·ID f I ' t i, ,. (i L • • • EXHIBIT "811 SOOS CREEK WATER & SEWER DISTRICT SEWER LATECOMER'S NO. 162 Chinquapln Ridge Base Maps E-3 and F-3 Those: portions of the Plat of PANTHER LAKE GARDEN TRACTS as recorded in VolurY'le 9 of Plats. page 25, records of King County, Washington, described as follows: :rho Southerly 150 feet of the East 94, 76 feet of Tract 11; !IND the Southerly 150 feet of Tract 12; i AND tho Southerly 130 feet of tho Wost 154. 19 feet. and the North 138 feet of tho South 150 feet of the East 105 feet of Tract 13; ' AND that portion of the East 174.64 feet of said Tract 13 I~ J Northerly of tho North line of King County Short Plat No.S90S0211: ~ND Lot 2 of King County Sharl Plat No. 482007 as recorded under recording No. 8303080870; -';'ND the North 150 feet of Tracts 14 and 15; AND the North 180 feet of that portion of Government Lot No. 1. Section 5. Township 22 North, Range 5 East, W.M., which lies Easterly 61 the East line of Lot 2 of King County Short Plat No. 681090 as recorded under recording No. 82061 50667. Less countv road. All situate in King County I Washington. Latecome<'s Rates: S 57.94 perflontfoot $935.93 per stub •(] ,! ') i ' i l l 1 l ' I lo' I i' k i·· '., ,. r: ,. • i," ~ King County Department of Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98057-5212 206-296-6600 TIY 206-296-7217 www.kingcounty.gov May 12, 2008 Jennifer Toth Henning · Planning Manager 1055 South Grady Way Renton, WA 98057 RE: Engineering Plan Approval Recommendation to the City of Renton Singh Short Subdivision (Files L05S0009 and L06SR010) Dear Ms. Henning: The Department of Development and Environmental Services (DDES) has completed our review of engineering plans for the Singh short subdivision. The short plat received preliminary approval by King County on Octo)>er 28, 2005 and the property is now located in the recent annexation area of Renion along SE 192"d Street. Our review of the project was completed prior to anriexation but is now being processed by King County under the terms of the Interlocal Agreement (IA) between DDES and the City. · Pursuant to the Interlocal Agreement, we are forwarding the engineering plans to your office. We are recommending the City concur with our approval of the plans because they are consistent with the applicable standards and regulations for which the development is conditioned. Once we receive your recommendation and the applicant submits the required inspection fees and bonding, we will approve the engineering plans for construction. · For your convenience, we are including key project file information that may assist in your review of these plans. A Site and Restoration Bond will be posted with the County to guarantee the work is completed according to permit conditions. It is our understanding subsequent. reviews and inspections related to this project will be continued by the County, on be-half of the City of Renton. The staff contact for our Land Use Inspection section is Jody Conyers, Project Manager, via email at jody.conyers@kingcounty.gov. If you have questions or need any additional information, please do not hesitate to contact me at (206) 296- 7178 or via email at jim.sanders@kingcounty.gov. _..Su:~cely, ames Sanders, P.E. Development Engineer cc: Jody Conyers, Project Manager Peter Dye, Senior Engineer D e, Pete From: Sanders, Jim Sent: To: Wednesday, May 21, 2008 3:40 PM Dye, Pete Cc: Townsend, Steve Subject: FW: Singh Short Subdivision (L05S0009 & L06SR010) FYI -----Original Message----- From: Kayren Kittrick [mailto:Kkittrick@ci.renton.wa.us) Sent: Wednesday, May 21, 2008 3:08 PM To: Sanders, Jim Subject: Singh Short Subdivision (L05S0009 & L06SR010) Dear Mr. Sanders, After review of the Singh Short Subdivision plans and documents, the City of Renton agrees with King County staff's recommendation to approve for construction. Please have the developer provide two (2) additional copies of the plan set for our files. If there are any questions, please do not hesitate to contact me. Kayren K. Kittrick Development Eng. Supervisor Permits & Inspections Development Services Division (425) 430-7299 1 soc DOES Department of Development and Environmental Services 900 Oakesdale Ave SW Renton, Washington 98057-5212 August 4, 2008 Applicant: TUMBER, KULDIP SINGH 19100 104TH PL SE RENTON, WA 98055 425-271-6728 Activity/Project# Comp Type .Status :•·Lossooo9· --. A04PM229 . . rRE>sP :~" . PJlrJ.t.P.P~ . PREAPP-M COMPLETE Activity Number: Project Number: Development Number: PRE-SP , Status: Page I of I L05S0009 PRELAPPR Fee Charges Hours Charges Payments Balance Due _ $10)89.49-·, :·10.00 ~·· -~ $'io;oJ1ii.~~ -, , · · JQ:oo . $102.64 $978.10 $1,080.74 $0.00 iA07BNI06 L05V0045 *L06SROIO ,: *L07FR057 ~Q!'!P, , .. , .. JlE.<:;E.IYeI!. , , . $jo;999,:pf:: ·,·.,:jo,oo. $30,999.oo .• • --· .... $0 .. ,.90 SUBVAR GRANTED $1,044.49 $869.41 $1,913.90 $0.00 , SITER§V ' ·;l'LA'.Ncofti>j ,;;$1},s6A,68i , ,·· ,, .· ~p.oo , $15;564]8_ $0.00'. FINAL REVIEWED $4,545.28 $0.00 $4,545.28 $0.00 *L07SI048 INSPECT ' Ol'fi.'° '•r':' .,. .. $6,18(44' jj),bo $6;l88,:t4 . ~$ii)o: L07SI049 INSPECT OPEN $2,710.84 $0.00 $2,710.84 $0.00 Lo1voon ··'·" .. .C.}.u.~ye:1(_ •. :~<illf..HI§):/ .' .... _ , . . ji ti;i.61 ... ~3-if§f . '.· }i28:ii'i : ..... _ . .J.o.oo: TOTAL: $71,347.50 $2,173.54 $73,521.04 * Asterisk denotes Permit under Project Management The fees shown above represent current charges as of this date and are an estimate based on the information provided to DDES at the time of application . $0.00 . For services that are rendered on an hourly basis, the cost of those services will be based on the actual hours worked. Hourly fees are charged at the rate in effect at the time of service, and will be billed monthly, along with any other outstanding fees. Fees that have been posted prior to permit issuance will be collected at that time. Fees subsequently posted will be billed to the applicant. All fees must be paid in full before DDES issues Final Approval, T.C.O. or C.O. ® King County ,· =\ . '. ,·~-· "'\. ' . ) Deparbnent of Development and Environmental Services Land Use Services Division Web Date: 09128/2005 900 Oakesdale Avenue Southwest Renton, Washington 98055-1219 206-296-6600 TIY 206-296-7217 For alternate formats, call 206-296-6600. Project Name: GURDEV SINGH SHORT PLAT Project Address and Parcel Number. 11328 SE 192ND ST: 3223059038 Applicant/Design Engineer Name: PAUL NITARDY Address: 945 N. CENTRAL STE. #104 City, State, ZIP: KENT, WA 98032 ODES File No.: L05S0009 Signature:, .wJ ft/. , · P. ~' .£. Engineering Firm Nam2 CRAMER NORTHWEST, INC. Telephone: (253)852-4880 DOES Engineer Initials: D Route Application to LUIS D Check here if project engineering plans are approved and construction has begun. INSTRUCTIONS TO APPLICANT/DESIGN ENGINEER: Date: 4/9/2007 Please be sure to include all plans, sketches, photos and maps which may assist in complete review and consideration of your variance request. For a complete list of road variance submittal requirements, refer to separate list from ODES. Failure to provide all pertinent information may result in delayed processing or denial of request. . Please submit this request and applicable fee to the Department of Development and Environmental Services (DOES) Permit Center at 900 Oakesdale Ave. SW, Renton, WA 98055-1219. To make an appointment for permit submittal, please call 206-296-6797. For more information, refer to the ODES Web site, www.metrokc.gov/ddes. TO OBTAIN A VARIANCE FROM A STANDARD CROWNED ROAD SECTION TO A SINGLE CROSS SLOPE IN A P.A.T. APPLICABLE SECTION(S) OF STANDARDS: KCRS SECTION 2.09 BAND 2.03 JUSTIFICATION (see attachments, pages ---~ to ): --- SEE ATTACHED VICINITY MAP, LETTER, PICTURES, ASSESSOR'S MAP, DRAWINGS (SHE.ETS 4, 5 AND 6 PRINTED ON 8.5"X11" PAPER), AND RELATED INFORMATION INCLUDING LETTER GRANTING PRELIMINARY APPROVAL. AUTHORIZATION SIGNATURES: DOES STAFF RECOMMENDATION DEPARTMENT OF TRANSPORTATION AUTHORIZATION roval D Conditioned A roval D Denied County Design Engineer: Date Date County Road Engineer. Date KING COUNlY Check out the DOES Web site at www.metrokc.gov/ddes RoadStand~1fflliSR1/1CES le-req-rdvar.pdf 09/28/2005 Page 1 of 1 . . ' •• ® King County Department of Development and Environmental Services 900 Oakesdale A venue Southwest Renton, WA 98055-1219 October 28, 2005 K.uldip Sinf. Tumber 19100 104 Place SE Renton, WA 98055 • RE: Preliminary Approval for Short Subdivision No. L05S0009 ····• ····---~··-• • ' ........ ~"y .. ,,,.,..-... -,.. ·~,.,~,·~-·,~···~ • ..--, -~-... ,,,,...-u.,.,,.,,.,.,.,.,_., ... -y,o, ... ;;;;. Dear Mr. Singh Tumber: The Land Use Services Division (LUSD) has completed review of the short s1.1bdivision application captioned above. The LUSD finds that the proposed short subdivision complies with the King County Land Segregation Code (Title 19A), Zoning Code (Title 21A), and other applicable codes as specified in King County Code (K.CC) 19A.08.060. The short subdivision is granted preliminary approval subject to the Conditions of Preliminary Approval attached hereto and incorporated herein by reference. Any aggrieved party may appeal this decision by the appeal deadline, which is November 14, 2005. The appeal procedure is enclosed for your information. The preliminary approval is valid for a period of 60 months from the date of this letter, unless an appeal is filed. In the event that an appeal is filed, the preliminary ~,µproval is valid for a period of 60 months from the date of the appeal decision. Enclosed are the following: • Notice of Decision • Conditions of Preliminary Approval • Appeal Procedure If you have any questions regarding this letter, please contact Fereshteh Dehkordi, Program Manager, at (206) 296-7173 and Curt Foster, Engineer, at (206) 296-7106. ~~ Current Planning Section, LUSD Enclosures , c: Terry Wilson, Cramer Northwest, Inc. Applicant File Letter.frm/CoverLtr2000.SP.doc 3/9/00 " V. . . A. • • ® KING COUNTY DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES. DIVISION 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 . REPORT AND DECISION SHORT SUBDIVISION File No. L05S0009 DESCRIPTION OF THE PROPOSED SHORT SUBDIVISION: . This is' a short subdivision of a .55 acre-parcel into four lots for detached single-family dwellings in the R-8 zone. The proposed density is 7 dwelling units per acre. The proposed lot sizes range from approximately 4300 to 6000 square feet. Refer to Attachment 1 for a copy of the short plat map. · B. GENERAL INFORMATION: Owner/Applicant: · Engineer: STR: Location: .zoning: Acreage: Number of Lots: Lot Size: Proposed Use: Sewage Disposal: Water Supply: Fire District: School District: Kuldlp Sin~h Tumber 19100 1041 Place SE Renton, WA 98055 Cramer Northwest, Inc .. Terry Wilson · 945 N Central Avenue, Suite 1·04 Kent, WA 98032 · SE Y. 32-23-05 11328 SE 192"d Street, Renton R-8 .55 acre 4 Ranges from 4300 to 6000 square feet Residential · Soos Creek Water and Sewer District Soos Creek Water and Sewer District 40 Renton Complete Application Date: March 10, 2005 , . I '-. Associated Application: Road Variance FIie No. L05V0045 C. . HISTORY and BACKGROUND The Subdivision Technical Committee (STC) of King County has conducted an on-site examination of the subject property. The STC has discussed the proposed development with the applicant to clarify technical details of the application, and to determine the. compatibility of this project with applicable King County plans, codes; and other official documents regulating this development. Report and Decision /fil@©~u wt_g~ FEB 1 7 2006 l_l:V L05S0009 LOCcJS ~t-fl t9.E.S. --------------------------- i • As a result of preliminary discussions, the applicant presented the Technical Committee with a revised site plan on July 14, 2005. The primary modification includes a revision to the private access tract to meet the King County Road Standards. D. NATURAL ENVIRONMENT 1. Topography: The site is relatively flat. The west half slopes down gently from northeast to southwest. 2. Soils: One soil type Is found on this site per King County Soil Survey, 1973. The entire site is classified AgB. The foilowing are AgB cha.racteristics: AgB -Alderwood gravely, sandy loam; 0-6% slopes. Runoff is slow and the erosion hazard is slight. This soil type has a moderate limitation for low building foundations due to a seasonally high water table, and severe limitations for septic tank filter fields due to very slow permeability in the substratum. 3. · Wetland/streams: According to the King County Sensitive Areas Folio, no mapped hydrographic features exist on this site. Panther Creek runs approximately half a mile west of the site. The site lies within the Black River drainage basin. · · · 4. Vegetation: This.site is overgrown by lawn and there a few fruit trees scattered throughout the site. 5. Wildlife: Small birds and animals may inhabit this site however their population and species are limited due to nearby development. No threatened or endangered species are known fo exist on or near the property. 6. Mapped Sensitive Areas: The Sensitive Areas Folio does not identify any mapped sensitive areas as being present on this site. · E. NEIGHBORHOOD CHARACTERISTICS: The property lies within the designated Urban Area east of the city of Renton. The site and the surrounding properties are zoned Residential with 8 dwelling unit per acre. The neighboring properties.are developed with residential structures. The site contains a house which will be removed. · · F. DESIGN FEATURES 1. Density, Lot Pattern, Comprehensive Plan: The site's assigned density is eight dwelling units per ·acre. The proposed density Is in compliance with the density of the zone. The site is located in the "urban " area as designated by the King County Comprehensive Plan. 2. Access and Roadway Section: The app!icant proposes to access the lots via a · Private Access Tract (PAT) extending north from SE 192"d Street into the site. All lots will have direct access to the PAT. A road variance (KC File L05V0045) · .from the intersection spacing requirements was approved by King County Department of Transportation (see Attachment 2). 3. Drainage: The site's drainage generally sheet flows from the north to the south. A "Targeted Drainage Review, Category 2" is required because the existing drainage system must be modified to collect and convey drainage along the property frontage. The proposed on-site improvements appear to qualify for small-site Best Management Practices (BMP's): Report and Decision L05S0009 • • G. PUBLIC SERVICES H. I. J. 1. Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by Soos Creek Water and Sewer District. A Certificate Sewer Availability, dated February 1, 2005, · indicates this sewer district's capability to serve the proposed deveiopment. 2. Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution system managed by Soos Creek Water and Sewer District. A certificate of Water Availability, dated February 1, 2005, indicates this sewer district's capability to serve the proposed development. 3. School facilities: The subject subdivision will be served by Benson Hill Elementary, Nelson Junior High, and Lindberg Senior High Schools, all located within the Renton School District. The District has indicated that the future students from this subdivision will Walk to the elementary school. The students will be bussed to both Junior and Senior High schools. The walkway to the elementary school consist of pedestrian path along SE 192"d Street and sidewalks along 113th way SE all the way to the Elementary school site. The Junior High school students will be picked up at the intersection of SE 192"d and 113th Way SE. The High School students will be picked up at the intersection of SE 192"d Street and 116th Avenue SE. There are pedestrian path along SE 192"d to. both intersections. Additionally, there will be sidewalks constructed along the frontage of the site which will provide additional safe walking conditions for all pedestrians. SEPA THRESHOLD DETERMINATION: Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21 C, the responsible official of the Land Use Services Division (LUSD) issued a threshold determination of non-significance (DNS) for the proposed development on October 28, 2005. This · determination was based on the review of the environmental checklist and supporting documentation filed with the application, resulting In the conclusion that the .proposal would not cause probable significant adverse impacts on the environment. FINDINGS/CONCLUSIONS: The subject subdivision will comply with the goals and objectives of the King County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County (i.e. 1993 King County Road Standards, 2006 Surface Water Design Manual, etc.), based upon the conditions for final short plat approval. DECISION: Proposed Short Plat revised and received July 14, 2005 as described by Attachment 1 of this report is granted preliminary approval subject to the following con.ditions of final approval:· I. 2. 3. 4. The proposal shall Compliance with all platting provisions .of Title 19A. of the King County Code, · · All persons having an ownership interest in the subject property shall sign on the face of the final short subdivision. All utilities within proposed rights-of-way must be included within a franchise . approved by the King County Council prior to final short plat recording 2005 King County Surface Water Design Manual (SWDM-The following are drainage conditions applied to this proposal: . Report and Decision L05S0009 - • • A. TARGETED DRAINAGE REVIEW · The proposed short subdivision requires a Category #2 Targeted Drainage Review as outlined in Chapter 1.1.2.2 in the Surface Water Design Manual. The existing drainage system must be modified to collect and, c.onvey drainage along the property frontage. B. ON-SITE BMP's The proposed on-site improvements appear to qualify for small site drainage BMP's as outlined in Appendix C of the Surface Water Design Manual. · 5. 1993 King County Road Standards -Final short plat approval shall require full compliance with the provisions set forth in the 1993 KCRS, including engineering plans for all road improvements. The engineering plans shall be prepared by a · professional civil engineer licensed in the state of Washington. DOES strongly recommends that the engineering plans be submitted at least two years prior to the expiration date of the project. The following conditions.apply to this short plat unless a variance pursuant to the variance procedures in KCRS 1.08 is obtained or otherwise approved by DOES: · A Frontage improvements along SE 192nd Street shall be designed to ., ___ : ... .--Urban Principal Arterial Standards'perKCRS Section 2.02. These improvements shall extend along the entire frontage of the site and make standard connections to adjacent improvements. · Forty-two feet of Right-of-Way (ROW) widtt, shall be dedicated north of the SE 192nd Street R/W centerline, along the frontage of the site. C. Appropriate pavement tapers and pavement striping shall extend east and .---. west of the project's frontage. - D. A Road Variance (KC File Number L05V0049) was granted for iqtersectio!l.~R,8-.~g with the condition .that the private access tract be located at the center of the propertyfrontage .. Additionally, approval was granted for a reduced stopping sight distance. ··-"''""·"•''"'····e.,;,,.:.;·.:.:;; .. :J,,;\:•;:<;;;/1·,,.., ... ,, ........ ,,.,, • .., .,...,., . ..,,..., .......... ~,-, .... , E. F. G. H. (Rockeries, luminaires and utilities located along the frontage of the site shall be relocated; redesigned or removed to match the ultimate roadway design of SE 192nd Street without creating roadside obstacles per KCRS Section 5.11. The proposed Private Access Tract (PAT) shall be.revised to allow adequate access width (20 feet minimum, measured from the point of curve) to lots 1 and 4. This wili requires shortening the length of the panhandle portion Lots 2 and 3. ci:ne PAT shall be.constri.Jcted·per KCRS·~e_c~ioff~2.09.B,-,., There shall be no direct vehicular access to or from SE 192nd Street from those lots which abut It. A note to this effect shall appear on the engineering plans and final short plat. The following Notes shall be shown of the final recorded short subdivision (1) Warning: King County has no responsibility to build, improve, maintain or otherwise service the private access road contained within or provide service to the property described in this subdivision. (2) All private easements and or tracts to be maintained, repaired and/or rebuilt by the owners of the parcels having legal access there from and their heirs, assigns or successors, unless and until such roads are improved to King County Road standards and are dedicated and accepted by King County for maintenance. · Report and Decision L05S0009 ,----- • _ 6. Health (KCC 13)-This project is exempt from further King County Heath Department review. However, if improvements are required from the Sewer and/or the Water District, then verification shall be .required from said District(s) that the improvements have beeri bonded and/or installed, prior to final recording · __..-" of the short plat. 7. Building and Construction Standards (Title 16)-The applicant shall comply with all applicable provisions of KCC 16.82. 8. Fire Code (KCC 17) -Section 902 of the 1997 Edition of Uniform Fire Code-The - Fire Engineering approval is granted as proposed. 9. Density and Dimensions (KCC 21A.12)-All lots shall meet the density and dimensions requirements of the R-8 zone classification or shall-be as shown on the face of the approved preliminary short subdivision, whichever is larger. Minor revisions to the short subdivision, which do not result in substantial changes and/Or dci not create additional lots may be approved at the discretion of the Department of Development and Environmental Services. 10. -The existing house on the site shall be removed prior to the final approval and recoi"ding. ----.. -~-""-""·""":""'--'"•~..:::.-.,..,,i~-,,,.. ... -.oc,~ ..... 1?';'>fl',i.,..,c-..... o.. ... ""':,,,'~·"'C'!- -11 -· ... --.. ···~.).C~ .. .,...., Street Trees (KCC 21A.16l -Street trees shall be provided as follows (per KCRS 5.03 and KCC 21A.16.050): A. Trees shall be .Planted at a_ rate ~f one tree for eve.ry 40 feet of frontage! along SE 192" Street and the private tract where ,t can be - accommodated. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. B. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road -_ Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. C. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the_street right-of-way line. D. The trees shall be owned and maintained by the abutting Jot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted cin the face of. the final recorded plat. E. The species of trees shall be approved by ODES if located within the right-of-way, and shall not include poplar, cottonwood, soft maples, gum, any fruit-bearing trees, or any other tree or shrub wh_ose roots are likely to obstruct sanitary or storm sewer's, or that is not compatible with overhead · utility lines. · F. The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDE-S prior to engineering plan approval. G. The applicant shall contact Metro Service Planning at 684-1622 to - determine if SE 192"d Street is on a bus route. If it is a bus route, the street tree plan shall also be reviewed by Metro. H. The street trees must be installed and inspected, or a performance bond posted prior to recording, of the plat. If a performance bond is poste9, the_ - street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed -_ per the approved plan, a maintenance bond must be submitted or the _ Report ilnd Decision L05S0009 / i ' t. i ' l \ ., I/. / 12 \ \ . • • performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond may be released after DDES has completed a second inspection and. determined that the trees have been kept healthy and thriving. Road Mitigation Payment System -The applicant or subsequent owner shall . comply with Road Mitigation Payment System (MPS), King County Code 14.75, by paying the required MPS fee and administration fee as determined by King County Department of Transportation. The applicant has an option to either: A . Pay the MPS fee at final short plat recording. If this option is chosen,: the fee paid shall be the fee in effect at the time of short plat application and a riote shall be placed on the face of the short plat that reads, "All fees required by King County code 14.75, Mitigation Payment System (MPS) have been paid.'.' Or •, 8. . Pay the MPS fee at the time of building permit issuance. If this option is chosen, the fee paid shall be the amount in effect as of the date of the building permit application. · Other Considerations · . A. Preliminary approval of this application does not limit the applicant's responsibility.to obtain any required permit or license from the State or other regulatory body. This may include, but not be limited to, obtaining a forest practice permit, an HPA permit, building permits, and other types of entitlements as necessitated .bY circumstances .. B. The short subdivision shall conform to KCC 16.82 relating to grading on private property .. C. Development of the subject property may require registration with the Washington State. Department of Licensing, Real Estate Division Parties and Persons of Interest: CRAMER NORTHWEST LLC LARRY KRUEGER 945 N CENTRAL STE 104 KENT, WA 98032 TUMBER, KULDIP SINGH 19100 104TH PL SE RENTON, WA 98055 CLAUSSEN, KIM PROGRAM MANAGER Ill COOPER, TED PRELIMINARY REVIEW ENGINEER DEHKORDI, FERESHTEH PROJECT MANAGER II FOSTER, CURT SR.ENGINEER Report and Decision L05S0009 ' I I I I ( J ' Cl#' i~f' 0 CAP 'ROI'. \ . '•\ \ I . J~ I -~ ~ ~ ~ ="\ , , , , :'. , ~, , , ,,',,,'~ ~.;,-"' d'#:J-;il' ..J? L0rl6 ~ S88~'35"E 161.23· . """"' F.F.• 512 • .fd: (TO BE RDl<MD) It' lfflD'JT WT 1 ~.~:~~,:.''\';.{~~~ .. · .. ~fi.<~*-~{f;~ \ . ..-so. rr. ~':'.BciM,J·/'. dt ·'°".I:'%•"~~: \ a,r::. 0 ' . __......,.__ wrrr HO<JS£ (SCAL£D) RXN> llf RE&W ~HJ CN' I . FOUi) 1/'L' REBAR ff{ NO CN' D...F N. . .t G.#' r. PR<P. CCR ~ ~s· N.. ~ o.•r_ w. <Y PROP. rot -. 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NOTES: 1. lrlOHU1l£N1S I.AST VISiTm OH 3-f-...0.4.. 2. SOME ~ HOUS£S WERE SCAUD FROJI O.D.!.S. WEB sm:. VERTICAL DATUM: HORTH·~ \'ER1JCN.. !M.JW OF 19M BENCHMARK: . K1HG COfMTY B£NCHW.RK NO. 5809 fD(ffJ COHCRfJE' JIOMJMENr W/ TAO( IH L£U> AT SOUJHE:ASl CORNER OF SEC110H .l2. 10WHSHJP 2J NOlrTH, RNIG£ 5 fAST B.EVA110H • 5.14.!18 U.S. ffCT. sm: BENCHMARK: ·srt£~·14• TOP CENTER BOLT OH FIRE HYDR.Wr EL£VA1JOH • .51o.2J U.S. FEEr. -Srl£~-Er RIJI OF SEWER IIANHOl£ £1.EVA110H • 502.97 U.S. FEET. COllTOVR INTERVAL: 2.00 . U.S. FEET. LEGEND: 0 · FOUHO RE1Wl W/ HO CAP AS OESCRrem @ -"""' MWlOC£ Blll ·~7CH~ I REVISION .. FIR£ H'IDIWlr . • ~llR VAt,.\,£ Im WAJ'£R ltlErER LO?SOOOE m ~-JlfJER m POWER WEJ[R [pJ ~t~,~~[Q) :Q: 'l1RnY PO<£ J, GVY NICHOi>_ JUL 142005 0 LIGHT POU: 1<.C. 0.0.E.S. · D El..£CTRICt,t.: BOX • llOUAAI) • O£CIOUOUS TREE -W--BUR1ED WA1E'Rt..W£ PNNr -[}-WOQO-FENCf i II -""""'.""" 1 -an ---,r ;' cin'/£/ : 11;:>(_ r; ;,,.'"::~ ..... , -!! ••• i . ,,. //Cl' £• ..... ----F£NC£ w 7 w "± w -w ~~ _ •,r Q[w _ ! ~ c,:,. :,; ru:-""'-" R>NJ '°"""' ..,,._ SE._ 192NJj sr. RP CEHrER BCU (M F.H. : 12" Ml$ H.• 504.54 -"aw/~TAQ(~ .. ~IEJD,\."~H"!CAS£~ ----. ---. -. . t-. ,E-• 5tD.2J 11..t ~ : •• ----· It' 11:TS W.• 50f.J7 • (SL st. CM) """"""""S' ®:-----------··-------~~-~!-~~~,:-~~---"'1-------------------------=-----------""~ :-A ·-·-':y?33 ==~---.. c,:,n.., .... .,..,.. --· ----------------------------------------------l A ·r -~-~ ... C g_ -~o lo11{ 1{% 14?· ~ ~ ~ w ::E: 5 ~ <( • • Appeaflnformatlon and Parties of Record RIGHT TO APPEAL This action may be appealed in writing to the King County Hearing Examiner, with a fee of $250 (check payable to King County Office of Finance). · ·. As required by KCC 20.20.090 and 20.24.090, the appeal period.shall be fourteen (14 calendar days and shall commence on the third day after the notice of decision is mailed. Filing an appeal requires actual delivery to the King County Land Use Services Division prior _to the close of business (4:30 p.m.) on November 14, 2005. Prior mailing is not sufficient if actual receipt by the Division does not occur within the applicable time period. The Examiner does not have authority to extend the time period unless the Division is not open on the specified closing date, in which event delivery prior to the close of business on the next business day is sufficient to meet the filing requirement. If a timely Notice of Appeal has been filed, the appellant shall file a statement of appeal within · a 21-day calendar period commencing three days after the notice of decision is mailed. The statement of appeal shall identify the decision being appealed (including file number) ·and the alleged errors in that decision. . · The statement of appeal shall state: 1) specific reasons why the decision should be reversed or modified; and 2) the harm suffered or anticipated by the appellant, and the relief sought. The scope of an appeal shall be based ori matters or Issues raised in the statement of appeal. Failure to timely file a notice of appeal, appeal fee, or statement of appeal deprives the Examiner of jurisdiction to consider the appeal. Appeals must be submitted to the Department of Development and Environmental Services, addressed as follows: LAND USE APPEAL Land Use Services Division Department of Development and Environmental Services BlackRiver Corporate Park 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 Any party may make a request for a pre-hearing conference~· For more information regarding appeal proceedings and pre-hearing conferences, please contact the Office of the Examiner for a Citizens' Guide to the Examiner Hearings and/or read KCC 20.20 .and 20.24. Report and Decision L05S0009 ® --~. r·· • ,J) King County Road Services Division Department of Transportation KSC-TR-0231 . 201 South Jackson Street Seattle, WA 98104·3856 August 29, 2005 Larry Krueger, P .E. . . . 945 Central Avenue N., Suite 104 Kent, WA 98032 • ... ··-..., RE . . Road Variance L05V0045 -Kuldip Tumber Short Plat -Related Jflle L05S0009 . i . . . . ,,-- Dear Mr. Krueger: Thank you for your application for variances from the King County Road Standards (KCRS). · . You requested variances from Sections 2.10 and 2.12 of the KCRS concerning the intersection · spacing requirement and stopping sight distance (SSD) along Sil 192nd Street. · The intersection spacing from the proposed private access tract (PAT) to 113th Way SE is 360 feet; to I 16th A.venue SE is 750 feet, and to Tract A (serving four eastern lots) is 400 feet. The KCRS requires 1,000 _feet of intersection spacing along a principal arterial (SE 192nd Street). There is no alternative access point for the four-lot sh?rt plat. · nie applicant will be improving the frontage on SE 192nd "Street by providing an urban section. The existing SSD along the frontage with SE 192nd Street, as measured by the applicant, is 446 feet, and the KCRS require 475 feet for the:: design speed of 50 mph (10 over the posted speed of 40 mph). The minimum Am(:rlcan.Association of State Highway" and T~portation Officials' (AASHTO) SSD for a design speed of 50 MPH is 425 feet Curb, gutter and sidewalk have been constructed along the vertical crest curve extending westward on SE 192nd Street beyond the short plat frontage. The entering sight distance (SSD) for the short plat access meets KCRS. . . . . . . I agprove a varillllce to allow the reduced intersection spacing for the PAT located midway along the frontage on SE 192nd Street. I also approve a variance to allow tbe mduced sso so that the proposed curb. gutter and sidewalk-£_~,!lliltch to the e~~Ysl.uii.a.l a!ignme.ot. . This decision applies only.to KC~ identified in the variance request. All other design requirements in the KCRS and other regulations, such as surface water management and zoning, must still be satisfied for a land use permit application. The !lpplicant retains the rights and privileges ilff<>rded by King County <;ode and adopted Public Rules pertaining to road variance processing (KCC -14.42, PUT I 0-2). This varianc~ decision is valid for one year from date of letter, unless an associated land use permit is pending or submitted within the one year period. In these cases, the variance decision is valid for the duration of the permit processing. ·@·-- . ATTACHMENT#_ . ..:::z.:..___ I e,f z. Larry Krueger, P.E. August 29 2005 ·page2 er> • .. c,c .': ) A copy of staffs analysis, findings, and conclusions is enclosed. If you have any questions, please call Craig Comfort, Road Variance Engineer, Traffic Engineering Section, at 206-263-6109. . ~tlvm.._··· Paulette Norman, P.E. County Road Engineer · PN:CC:kc cc: James Sanders, P.E., Development Review Engineer, Land UseBervices Division .. (LUSD), Department of Development and Environmental Services (DDES) Pete Dye I'.E., Senior Engineer, LUSD, ODES Linda Dougherty, Division Directo.r,.Road ·Services Division (RSD), Department of Transportation (DOT) . . Matthew Nolan, P.E;, County Traffic Engineer, Traffic Engineering Section, RSD, DOT Fatin Kara, I'.E., Supervising Engineer, Traffic Engineering Section, RSD, DOT Kris Langley, Senior.Engineer, Traffic Engineering Section, RSD, DOT Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section, RSD, DOT AlTACHMENT # ....:2=--- z. i,,f-z.. ~ King County Road Services Division Materials Laboratory Department of Transportation RSD-TR-0100 155 Monroe Avenue Northeast, Building D Renton, WA 98056-4199 www.metrokc.gov/roads September 28, 2007 ---------------------------------- TO: Mazen Haidar, P.E., Engineer II, Department of Development and Environmental Services, Site Engineering and Planning Section VIA: Alan D. Corwin, P.E., Materials Engineer, Materials Laboratory, Project Support Services Group FM: Douglas Walters, P.E., Engineer Ill, Materials Laboratory, Project Support Services Group RE: Singh Short Plat: 11328 SE 192nd Street: L06SR010 As requested, we have reviewed the pavement design and plans for frontage improve- ments to SE 192"d Street associated with the Singh Short Plat. The pavement section was designed by Geotech Consultants, Inc. and submitted in a report dated December 7, 2006. The proposed pavement section reviewed is as follows: • 4.5 inches minimum compacted depth Class "B" ACP • 6.0 inches minimum compacted depth Crushed Surfacing Base Course or • 4.5 inches minimum compacted depth Class "B" ACP • 4.0 inches minimum compacted depth ATB Based on our analysis, we concur the above pavement section is generally adequate for the road widening frontage improvement and recommend approval. We trust this memo meets your current request. Please call me at 296-7708 if you have any ques- tions. -----l