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Home My WebLink AboutReport 1538 SH I _____ ..J I~ I ~ .. _ I " 1 Retoll ~ ~. " -<>, ..., NX CITY Of RENTON \ 671 6JS 639_, 633. 62~ ... 6JO 62T 614 602 60:? ~:,, ~ ltllON 600 COND0MIN1U1'4 ~ :; :; :.: 18 Ur-,tTS ~ NE 5TH ST UNION 550 CONDOMINIUM 16 UNITS ,201 4207 :l 11 1 1· ' IiGE }Ol!EST @ _ . U U!'ITS__ ~ PLUM 555 ~-- 508 5!.:.' 421S 4221 ~-. .J r --~ . ----~ ~ -z :> Union 500 Apts. 440 Reta/ Parking ' --~~------\ -~-- Slot"" & C<,<...l'tash .-~ -'> NE VICINITY MAP 52G-533 UNION A VE NE I HOily.ow ·· · 1 Video ~ ~ 4TH. r~s ·· E./ NIX-WROTEN LOT LK AD.JJ&TMENT Safeway ~ Parking ST ... I PARTIES OF RECORD NIX LLA & FRONT SETBACK VAR I LUA09-005, LLA, V-A --------------------------- Robert Nix 533 Union Avenue NE Renton, WA 98059 Phone: (206) 459-3095 Ema ii: rnix@goldsmithengineeri ng.com (Applicant Contact Owner ) Updated: 02/26/2009 Anthony & Shirley Wroten 529 Union Avenue NE Renton, WA 98059 (Owner) James Dykes 537 Union Avenue NE Renton, WA 98059 Phone: (425) 681-5795 (Party of Record ) CITY OF RENTON DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM Date: June 30, 2009 To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and indexing by the City Clerk's Office. · Project Name: · LUA (file) Number: Cross-References: AKA's: Project Manager: Acceptance Date: Applicant: Owner: Contact: PID Number: ERC Decision Date: ERC Appeal Date: Administrative Approval: Appeal Period Ends: Public Hearing Date: . Date Appealed to HEX: By Whom: HEX Decision: Date Appealed to Council: By Whom: Council Decision: Mylar Recording Number: Nix Lot Line Adjustment LUA-09-005, LLA Nix/Wroten Lot Line Adjustment, Nix Lot Line Adjustment & Front Yard Setback Variance Ion Arai February 11, 2009 Robert Nix Robert Nix & Anthony & Shirley Wroten Same as applicant 0923059048; 0923059226; 0923059251 April 30, 2009 May 14, 2009 20090527900010 Date: Date: Project Description: The applicants are requesting a Lot Line Adjustment to adjust the lot lines for two lots on a .66-acre site. The Lot Line Adjustment would reconfigure Lot A (7,861 square feet) and Lot B (20,955 square feet) to 12,533 square feet for Lot A and 14,902 square feet for Lot B, which would give each parcel enough space for residential development. : Location: 529 & 533 Union Avenue NE · Comments: Front Yard Variance was not required -applicant refunded $50.00 fee. Check Request for Non Vendor Refund or Reimbursement This form is used only for one time vendors. Please contact Accounts Payable if you have any questions regarding one time vendors. Check will be included in the next scheduled AIP check run and mailed or released after Council approval Check Request Info: Requestor 's name: Ion Arai IP"""'h' Robert Nix Mail address for check: Robert Nix 533 Union Ave NE Renton, WA 98059 Check amount: Date of request: 05/12/09 Requestor 's department/division: CED/Plannino Account number(s) to charge: $ 50.00 ..,y .-v. * . "?1/{°b, OtJ 'FIi. ~o. 000019 VUt'A,hc~ Net 1/!eve,-e A~t Reason for refund or reimbursement: Annlicant did not reauire an Administrative Variance. I Ch«.-.. ~· ~-• . µ""" I o-/c-. print name. of signer on above line Date: tv( I( 12 2 0 i> tj *rhe person approving this check request must be an authorized signer. H:\CED\Plannin&\Cumat Plannin8\FROJECTS\09-005.lon\REFUND·fann.docPrlm and Ftll lrt Fonn, July JOOl Requestor 's ext. #: 7270 Amount per account #: rFCJ.~ - Printed: 05-12-2009 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA09-005 05/12/2009 10:52 AM Receipt Number: Total Payment: -50.00 Payee: Robert Nix Current Payment Made to the Following Items: Trans Account Code Description Amount 5022 000.345.81.00.0019 Variance Fees -50.00 Payments made for this receipt Trans Method Description Amount Payment RD Pmts REFUND Re-Dist Account Balances Trans Account Code 3021 5006 5007 5008 5009 5010 50ll 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5024 5036 5909 5941 5954 5955 5998 303.000.00.345.85 000.345.81.00.0002 000.345.81.00.0003 000.345.81.00.0004 000.345.81.00.0006 000.345.81.00.0007 000.345.81.00.0008 000.345.81.00.0009 000.345.81.00.00lO 000.345.81.00.00ll 000.345.81.00.0012 000.345.81.00.0013 000.345.81.00.0014 000.345.81.00.0015 000.345.81.00.0016 000.345.81.00.0017 000.345.81.00.0018 000.345.81.00.0019 000.345.81.00.0024 000.345.81.00.0005 000.341.60.00.0024 000.341.50.00.0000 650.237.00.00.0000 000.05.519.90.42.1 000.231.70.00.0000 Description Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD Grading & Filling Fees Lot Line Adjustment Mobile Home Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use, Hobbyk, Fence Variance Fees Conditional Approval Fee Comprehensive Plan Amend Booklets/EIS/Copies Maps (Taxable) DO NOT USE -USE 3954 Postage Tax Remaining Balance Due: $0.00 -50.00 .00 Balance Due .00 .00 .00 .oo .00 .00 .oo .oo .oo .00 .00 .00 .oo .oo .00 .00 .00 .oo .oo .oo .00 .00 .00 .00 .00 R0901909 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 ?. "'"·\N\NG r:, ~c::t-n \..,....o'··' ------------------------~ac'-',..4"' "'\~-;: ~J~~\ t ·, Printed: 02-03-2009 Land Use Actions RECEIPT fES . 31uu~ t·c.Nt.0 Payment Made: Permit#: LUA09-005 02/03/2009 08:27 AM Receipt Number: Total Payment: 500.00 Payee: ROBERT W NIX #5162 Current Payment Made to the Foll owing Items: Trans Account Code Description Amount ---------------------------------------------------------------------- 5015 000.345.81.00.0012 Lot Line Adjustment 5022 000.345.81.00.0019 Variance Fees Payments made for this receipt Trans Method Description Amount ------------------------------------------------------------ Payment Check 5162 500.00 450.00 50.00 Account Balances Trans Account Code Description Balance Due 3021 5006 5007 5008 5009 5010 50ll 5012 5013 5014 5015 5016 5017 5018 5019 5020 5021 5022 5024 5036 5909 5941 5954 5955 5998 303.000.00.345.85 000.345.81.00.0002 000.345.81.00.0003 000.345.81.00.0004 000.345.81.00.0006 000.345.81.00.0007 000.345.81.00.0008 000.345.81.00.0009 000.345.81.00.0010 000.345.81.00.0011 000.345.81.00.0012 000.345.81.00.0013 000.345.81.00.0014 000.345.81.00.0015 000.345.81.00.0016 000.345.81.00.0017 000.345.81.00.0018 000.345.81.00.0019 000.345.81.00.0024 000.345.81.00.0005 000.341.60.00.0024 000.341.50.00.0000 650.237.00.00.0000 000.05.519.90.42.l 000.231.70.00.0000 Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD Grading & Filling Fees Lot Line Adjustment Mobile Home Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use, Hobbyk, Fence variance Fees Conditional Approval Fee Comprehensive Plan Amend Booklets/EIS/Copies Maps (Taxable) DO NOT USE -USE 3954 Postage Tax Remaining Balance Due: $0.00 .00 .00 .00 .oo .00 .00 .00 .00 .00 .00 . 00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 R0900427 11111---------- -----D-e~::~s:y;:,a.w ___ ................. r City O l -1~µJJLD1l May 21, 2009 Robert Nix 533 Union Avenue NE Renton, WA 98059 SUBJECT: Dear Mr. Nix: Nix Lot Line Adjustment File No. LUA09-005, LLA Department of Community & Economic Development The City of Renton has approved the above referenced lot line adjustment and has forwarded the final mylars to King County for recording. Please note the recording of the lot line adjustment map alone does not transfer ownership of property. If necessary, prepare and record a deed transferring ownership of the portion of land depicted in the lot line adjustment map. We recommend that the legal description for this document be prepared by a surveyor. It is the applicant's responsibility to ensure this document is properly prepared and recorded with the County. If you have any further questions regarding this lot line adjustment, please contact me at (425) 430-7270. Sincerely, Ion Arai Assistant Planner cc: Yellow file Anthony & Shirley Wroten/ Owner James Dykes/ Party of Record Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov DATE: TO: FROM: SUBJECT: DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT MEMORANDUM May 21, 2009 City Clerk's Office Ion Arai, Planning, x7270 Nix Lot Line Adjnstment; File No. LUA09-005, LLA Attached please find two sets of the above-referenced mylar and three copies for recording with King County. Please have Champion Couriers take these documents via: Same-day service ($15.81)-10:00 AM deadline to City Clerk Attached is a check for the amount of$15.81 for the fee to Champion Couriers. According to Finance, the King County recording fees for this and all subsequent plat recordings should be charged to account #000/007.590.0060.49.000003. Please call me at x7270 if you have any questions. Thank you. cc: Yellow file Property Services Jan Conklin Denis Law Mayor April 30, 2009 Robert Nix 533 Union Avenue NE Renton, WA 98059 Department of Community & Economic Development SUBJECT: Nix Lot Line Adjustment File No. LUA09-005, LLA Dear Mr. Nix: The City of Renton has finished reviewing your proposed lot line adjustment and is almost ready to approve and send the final version for recording. The attached Comments from Property Services has three comments that need to be revised for the mylars. Once these revisions have been made -Please submit three sets of original signed mylars and a check for $15.81 made out to Champion Couriers to my attention at the sixth floor counter of City Hall. Please verify that the mylars have been signed by all owners of record and have been notarized with an ink stamp (not embossed). The ink stamp must be legible so that King County will promptly record the lot line adjustment. This decision to approve the proposed lot line adjustment is subject to a fourteen (14) day appeal period from the date of this letter. Any appeals of the administrative decision must be filed with the City of Renton Hearing Examiner by 5:00 pm, May 14, 2009. Appeals must be filed in writing together with the required $75.00 application fee with: Hearing Examiner, City of Renton, 1055 South Grady Way, Renton, WA 98057. Appeals to the Examiner are governed by City of Renton Municipal Code Section 4-8-110. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, ( 425) 430-6510. If you have further questions regarding this project, please call me at ( 425) 430-7270. Sincerely, Ion Arai Assistant Planner cc: Anthony & Marcus Wroten 529 Union Avenue NE Renton, WA 98059 Renton City Hall • 1055 South Grady Way • Renton, Washington 98057 • rentonwa.gov J • • CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT MEMORANDUM DATE: April 23, 2009 TO: Sonja Fesser, Property Services FROM: Ion Arai, Current Planning, x7270 SUBJECT: Nix Lot Line Adjustment, File No. LUA09-005, LLA Attached is the most recent version of the above-referenced lot line adjustment. If all Property Services concerns have been addressed and you are now able to recommend recording of the mylar, please initial this memo below and return to me as soon as possible. However, if you have outstanding concerns or require additional information in order to recommend recording, please let me know. Thank you. Property Services approval: ~,'h;,i..e..Jh,lll'.Bf~·~o ,L) ~if~-\..;;;:fl-u..l:09~!..!oow=..----:;4,5ll~ao/ O C:, Sonja JU ess@' date cc: Yellow File H:\CED\Planning\Current Planning\PROJECTS\09-005.lon\APPROVALSLIP _09-0423.doc ' DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT MEMORANDUM April 28, 2009 Ion Arai Sonja J. Fesser~ Nix/Wroten Lot Line Adjstment, LUA-09-005-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant: See the attachment for a circled item, noted under the City of Renton "APPROVALS" block, that needs to be corrected. Item Nos. 17 through 20, noted under the "NOTES" block on Sheet I of 2, do not directly impact the lot line adjustment. Said items should be removed from the lot line adjustment submittal. Do note the existing houses (using dashed lines) on the respective new lots. The square footages of said houses, shown on previous review memo, are not needed. \I I:\Fi\e Sys\LND -Land Subdivision & Surveying Records\LND-30 -Lot Line Adjustments\0350\RV090428.doc ~y o CIT"\'. JF RENTON o~"R :& Department of Community and + .a + Economic Development j:l-~ Denis Law, Mayor Alex Pietsch, Administrator ~N~o,~~~~~~~~~~~~~~~~~~---~~~~- April 3, 2009 Robert Nix 533 Union Avenue NE Renton, WA 98059 Subject: Dear Mr. Nix: Nix Lot Line Adjustment LUA09-005, LLA The City of Renton has completed the initial review of your proposed lot line adjustment. The following changes will be necessary in order for the City to approve your proposal: I. Property Services comments -attached cover. Once the changes, as noted in the attached memo, have been made; please submit two copies of the revised lot line adjustment to me at the sixth floor counter of City Hall. The revised plans will be routed for final review and you will be notified when it is appropriate to submit the final mylars. If you have any questions regarding your application or the changes requested above, please contact me at ( 425) 430-7270. Sincerely, Ion Arai Assistant P Janner Attachments cc: Anthony L. & Shirley Wroten/ Owner Project File ------l-05_5_S_o_uth_G_rad_y_W_ay---R-e-nt-o-n,-W-as_h_in_gt_o_n_9_8_0_57 ______ ~ @ This paper contains 50% recycled material, 30% post consumer AHEAD OF THE CURVE DATE: TO: FROM: SUBJECT: PUBLIC WORKS DEPARTMENT M E M O R A N D U M April 2, 2009 Ion Arai Sonja J. Fesser JJc\j" Nix/Wroten Lot Line Adjustment, LUA-09-005-LLA Format and Legal Description Review Bob Mac Onie and I have reviewed the above referenced lot line adjustment submittal and have the following comments: Comments for the Applicant Note the City of Renton land use action number and land record number, LUA-09-005-LLA and LND-30-0350, respectively, on the two drawing sheets. The type size used for the land record number should be smaller than that used for the land use action number. Note all easements, covenants and agreements of record on the drawing. Note the properties to the east, south and west oflhe subject lot line adjustment properties as UNPLA TTED, rather than using King County Tax Lot Numbers (Sheet 2 of 2). On the final lot line adjustment submittal, remove all references to concrete, asphalt, 6' wood fence, eaves, decks, concrete walk, curb, stairs, chimney and other items not directly impacting the subdivision. Remove said references from the ·'LEGEND" block also. These items are provided only for the first lot line adjustment submittal. Remove all references to building setback lines. Setbacks will be determined at the time that building permits are issued. Do note encroachments. The City of Renton Administrator of Public Works is the only city official who signs this lot line adjustment document. Note that this is a change in title for the Administrator. See the attachment. Provide a horizontal line, or other, to separate the approval block for the City of Renton, from that for King County. Change the title of the declaration block to "OWNERS' DECLARATION" (Sheet l of2). \11:\r'ile Sys\LND -Lmd Subt.livi~ion & Surveymg Records\l.NIJ-30 -Lot Line Adjustrncnts.\0350\RV090330.doc April 2, 2009 Page 2 Add a north arrow to the "VICINITY MAP". Make the three tax parcel numbers, noted on the drawing on Sheet 2 of 2, less bold in appearance. Remove the reference to the lot building footprints (Sheet 2 of 2). Note that ifthere are easements, restrictive covenants or agreements to others (City of Renton, etc.) as part of this lot line adjustment, they can be recorded concurrently with said lot line adjustment submittal. The lot line adjustment submittal and the associated document(s) are to be given to the Project Manager as a package. Reference the associated document(s) on the lot line adjustment submittal. Fee Review Comments: Lots within or affected by the lot line adjustment are subject to the city's special charges, if any. H:\Filc Sys\LND -Land Subdivision & Surveying Rccords\LND-30 -Lot Linc Adjustmcntsl0350\RV090330.doc\s City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT Yr.-0n,~,.,... .;,-, ·r::ov. COMMENTS DUE: FEBRUARY 25, 2009 APPLICATION NO: LUA09-005, V-A, LLA DATE CIRCULATED: FEBRUARY 11, 2009 APPLICANT: Robertv & Cindy Nix PLANNER: Ion Arai PROJECT TITLE: Nix LLA and Front Yard Setback Variance PLAN REVIEWER: Arneta Henninaer SITE AREA: 28,786 sauare feet EXISTING BLDG AREA /aross): N/A LOCATION: 529 & 533 Union Avenue NE PROPOSED BLDG AREA loross\ N/A WORK ORDER NO: 78012 SUMMARY OF PROPOSAL: The applicants are requesting a Lot Line Adjustment to adjust the lot lines for two lots on a .66-acre site. The Lot Line Adjustment would reconfigure Lot A (7,861 square feet) and Lot B (20,955 square feet) to 12,533 square feet for Lot A and 14,902 square feet for Lot B, which would give each parcel enough space for residential development. The subject properties are zoned Residential-10 (R-10) and are located off of Union Avenue NE with access provided by a private street. The applicants are requesting a front yard setback variance to allow the garage to encroach into the front yard setback by 7 feet. There are no critical areas onsite or street improvements proposed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minar Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Hous1na Air Aesthetics Water Linht/G!are Plants Recreation Land/Shore/me Use Utilities Animals Transoorlalion Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feel 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. s/q/oq Datef I City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: APPLICATION NO: LUA09-005, V-A, LLA DATE CIRCULATED: FEBRUARY 11, APPLICANT: Robert & Cind Nix PLANNER: Ion Arai - PROJECT TITLE: Nix LLA and Front Yard Setback Variance PLAN REVIEWER: Arneta Hennin SITE AREA: 28,786 s uare feet EXISTING BLDG AREA LOCATION: 529 & 533 Union Avenue NE PROPOSED BLDG AREA ross N/A I WORK ORDER NO: 78012 SUMMARY OF PROPOSAL: The applicants are requesting a Lot Line Adjustment to adjust the lot lines for two lots on a .66-acre site. The Lot Line Adjustment would reconfigure Lot A (7,861 square feet) and Lot B (20,955 square feet) to 12,533 square feet for Lot A and 14,902 square feet for Lot B, which would give each parcel enough space for residential development. The subject properties are zoned Residential-10 (R-10) and are located off of Union Avenue NE with access provided by a private street. The applicants are requesting a front yard setback variance to allow the garage to encroach into the front yard setback by 7 feet. There are no critical areas onsite or street improvements proposed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Eanh Hous1na A,r Aesthetics Water LiohtlG/are Plants Recreation Land/Shoreline Use Utilities Ammals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10.000 Feet 14,000 Feet f B. POL/CY-RELATED COMMENTS C. CODE-RELATED COMMENTS ·-\ City of Renton Department of Community & Economic Developmen/ C gmr.°1=Tv"E D ENVIRONMENTAL & DEVELOPMENT APPLICATION R E"V'1 EW SR EE T r ·-w, ( 'FJV REVIEWING DEPARTMENT COMMENTS DUE: FEBRUARY 25, 2009 APPLICATION NO: LUA09-005. V-A. LLA DATE CIRCULATED FEBRUA~Y142~{j Ulv - APPLICANT: Robertv & Cindv Nix PLANNER: Ion Arai PROJECT TITLE: Nix LLA and Front Yard Setback Variance PLAN REVIEWER: Arneta Henninqer SITE AREA: 28,786 square feet EXISTING BLDG AREA laross): NIA LOCATION: 529 & 533 Union Avenue NE PROPOSED BLDG AREA laross) NIA WORK ORDER NO: 78012 SUMMARY OF PROPOSAL: The applicants are requesting a Lot Line Adjustment to adjust the lot lines for two lots on a .66-acre site. The Lot Line Adjustment would reconfigure Lot A (7,861 square feet) and Lot B (20,955 square feet) to 12,533 square feet for Lot A and 14,902 square feet for Lot B, which would give each parcel enough space for residential development. The subject properties are zoned Residential-10 (R-10) and are located off of Union Avenue NE with access provided by a private street. The applicants are requesting a front yard setback variance to allow the garage to encroach into the front yard setback by 7 feet. There are no critical areas onsite or street improvements proposed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housina Air Aesthetics Water Lioht!Glare Plants Recreation Land/Shoreline Use Utilities Animals TransportafJOn Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where add. nal information i needed properly assess this proposal. CITY OF AENT011o City of Renton Department of Community & Economic DevelopmenR E C E l V E L.; ENVIRONMENTAL & DEVELOPMENT APPLICATION R VIEW SHEET REVIEWING DEPARTMENT COMMENTS DUE: FEBRU APPLICATION NO: LUA09-005, V-A, LLA DATE CIRCULATED: FEBRUARY 11, 2009 APPLICANT: Robert & Cind Nix PLANNER: Ion Arai PROJECT TITLE: Nix LLA and Front Yard Setback Variance PLAN REVIEWER: Arneta Hennin er SITE AREA: 28.786 s uare feet EXISTING BLDG AREA ross : N/A LOCATION: 529 & 533 Union Avenue NE PROPOSED BLDG AREA ross N/A I WORK ORDER NO: 78012 SUMMARY OF PROPOSAL: The applicants are requesting a Lot Line Adjustment to adjust the lot lines for two lots on a .66-acre site. The Lot Line Adjustment would reconfigure Lot A (7,861 square feet) and Lot B (20,955 square feet) to 12,533 square feet for Lot A and 14,902 square feet for Lot B, which would give each parcel enough space for residential development. The subject properties are zoned Residential-10 (R-10) and are located off of Union Avenue NE with access provided by a private street. The applicants are requesting a front yard setback variance to allow the garage to encroach into the front yard setback by 7 feet. There are no critical areas onsite or street improvements proposed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth HousinQ Air Aesthetics Water Li_qh//Glare Plants Recreation Land/Shoreline Use U/!fities Animals Transportat,on Environmental Heal/11 Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POL/CY-RELATED COMMENTS C. CODE-RELATED COMMENTS DATE: TO: CC: FROM: SUBJECT: FIRE and EMERGENCY SERVICES DEPARTMENT MEMORANDUM February 13, 2009 Arneta Henninger, Plan Reviewer Ion Arai, Planner Bill Flora, Deputy Chief/Fire Marshal ~ J- LUA09-005, V-A, LLA Nix LLA and Front Yard Setback Variance Renton Fire & Emergency Services Comments: There are no code related comments on this proposal. i:\erc\nix Ila -ere comments 2-09.doc City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: FEBRUARY 25, 2009 APPLICATION NO: LUA09-005, V-A, LLA DATE CIRCULATED FEBRUARY 11, 2009 APPLICANT: Robertv & Cindv Nix PLANNER: Ion Arai PROJECT TITLE: Nix LLA and Front Yard Setback Variance PLAN REVIEWER: Arneta Henninaer SITE AREA: 28,786 snuare feet EXISTING BLDG AREA lnross): N/A LOCATION: 529 & 533 Union Avenue NE PROPOSED BLDG AREA lnrossl N/A WORK ORDER NO: 78012 SUMMARY OF PROPOSAL: The applicants are requesting a Lot Line Adjustment to adjust the lot lines for two lots on a .66-acre site. The Lot Line Adjustment would reconfigure Lot A (7,861 square feet) and Lot B (20,955 square feet) to 12.533 square feet for Lot A and 14,902 square feet for Lot B, which would give each parcel enough space for residential development. The subject properties are zoned Residential-10 (R-10) and are located off of Union Avenue NE with access provided by a private street. The applicants are requesting a front yard setback variance to allow the garage to encroach into the front yard setback by 7 feet. There are no critical areas onsite or street improvements proposed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Hovsinn Air Aesthetics Water Ur1ht/Gla(e Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Envimnment 10.000 Feel 14.000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with pat1icular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. ~~~ z//3/.?¥ SignatGreotoirectoro( Authorized Representative Date City of Renton Department of Commumty & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: FEBRUARY 25, 2009 APPLICATION NO: LUA09-005, V-A, LLA DATE CIRCULATED FEBRUARY 11, 2009 APPLICANT: Robert & Cind Nix PROJECT TITLE: Nix LLA and Front Yard Setback Variance SITE AREA: 28,786 s uare feet LOCATION: 529 & 533 Union Avenue NE PROPOSED BLDG AREA ross WORK ORDER NO: 78012 PLEASE RETURN TO ION ARAI IN CURRENT PLANNING 5TH FLOOR SUMMARY OF PROPOSAL: The applicants are requesting a Lot Line Adjustment to adjust the lot lines for two lots on a .66-acre site. The Lot Line Adjustment would reconfigure Lot A (7,861 square feet) and Lot B (20,955 square feet) to 12,533 square feet for Lot A and 14,902 square feet for Lot B, which would give each parcel enough space for residential development. The subject properties are zoned Residential-10 (R-10) and are located off of Union Avenue NE with access provided by a private street. The applicants are requesting a front yard setback variance to allow the garage to encroach into the front yard setback by 7 feet. There are no critical areas onsite or street improvements proposed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housina Air Aos/11efics Water Liaht/Gfare Plants Recreation Land/Shoreline Use Utilities Animals Transportation Environmental Health Public Services Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10.000 Feet 14,000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. resentative Date CITY Qt ni.:NTUN RECEIVED City of Renton Department of Community & Economic Development ENVIRONMENTAL & DEVELOPMENT APPLICATION REvfe8,,ilJsall09£T REVIEWING DEPARTMENT: (11/i'\,, ~: v 1 1 ( hr,n COMMENTS DUE: FEBRUARIMl~9ffil~ DIVISION APPLICATION NO: LUA09-005, V-A, LLA DATE CIRCULATED: FEBRUARY 11, 2009 APPLICANT: Robertv & Cindv Nix PLANNER: Ion Arai PROJECT TITLE: Nix LLA and Front Yard Setback Variance PLAN REVIEWER: Arneta Henninoer SITE AREA: 28,786 snuare feet EXISTING BLDG AREA loross\: N/A LOCATION: 529 & 533 Union Avenue NE PROPOSED BLDG AREA lnross\ N/A WORK ORDER NO: 78012 SUMMARY OF PROPOSAL: The applicants are requesting a Lot Line Adjustment to adjust the lot lines for two lots on a .66-acre site. The Lot Line Adjustment would reconfigure Lot A (7,861 square feet) and Lot B (20,955 square feet) to 12,533 square feet for Lot A and 14,902 square feet for Lot B, which would give each parcel enough space for residential development. The subject properties are zoned Residential-10 (R-10) and are located off of Union Avenue NE with access provided by a private street. The applicants are requesting a front yard setback variance to allow the garage to encroach into the front yard setback by 7 feet. There are no critical areas onsite or street improvements proposed. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housina A,, Aesthetics Water Linht/Glare Plants Recreation Land/Shoreline Use Utilities Animals Transnorfation Environmental Health Public Setvices Energy! Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14.000 Feet B. POLICY-RELATED COMMENTS C. CODE-RELATED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas wher: additional information is need to properly assess this proposal. Date ,\'.Y r e,);~.-,, ~~; NOTICE OF APPLICATION A Master Application has been tiled and accepted with th De \CED)-Planning D1visior, of the City of Renton. Th f II e p~rt·"'rtt of Community & Economic Development necessary Public Approvals e O ow,ng ne Y describes the application and the PROJECT f.lAMEINUMBER N,., Lot L•ne fa<ij.Jslment & Fror,I Yard Se1bnr.k Var,arrn, LUAO~-D05 '-'·A. LU\ PROJECT DESCRIPTION. The .-1ppl1c3n1 5 a•e re ·ues·,n L l lots on a 66--;,cre s,te Tl,,; Lo: Line Adjustment wculd ,~co~, ur~ f 3 /1 ine Adjv~lm~nt :o adrusl lhe 1 cl 1,r,es for lwc feel) \u 12.533 squ;are reet for Loi A dnd 14 9(,2 squa lee· f g 1 -;I (l.8G1_ square feet) :mrl Lo! [l [20.9S5 sq•Jare r~s,de~MI de-,elupment. The scilliect propemes are zo~eed R·e.s~:Je~~: I· -1~1~~t: ~~vuld go,c ea, t, parce' enou<Jh space fo, w1lh access provided by a p,i,~le stre.-: The ~ 1 1 a ·' } and are lnr-aled off of Un,0,1 Avenue NE tc encroach ,nto the frcnl yard selbac~-Oy 7 ,~8/~~:;e s arn r,;q~esting a front yard selbad varianrn 10 dl'ciw 1M,:, a~rage • are rn; en 1cal areas 011s1te or stre,.11rn;,rovcme"'' propose~ PROJECT LOCATION 529 & 533 Un,o,, A"enue NE PUBLIC APPROVALS Acm1n,s1rat,ve Vanan:.c App,u,•al & Loi Une AdJus:mcnl APPLICANT/PROJECT CONTACT PERSON: R b.. · , u _r1 tJ1x, Tel ,_2061 459·309S. E,.,1_ rnix@gnlrl~rn,lheng,neeri"g com Comments on the above appllca1ion must be subm;tted in writ" · Community & Economic Developmertl, 1055 South Grad W '~ to Ion Ara,, Assistant Planner, Department 01 2009. If you h,ive quesl,ons aboul tho; ;,rooos~'. or w,sr to .V a~, enton, WA 98057, by 5:00 PM on F~bruary 2S, by mail, canlact lhe Projecl Manager at 1425 , 430 __ 270 u~ ma ea party of record and r~ce,ve ciddf:,ur,a. ~o1,r.ca1oor1 become a party ot recori and will be-nntil,~U 01 ~ny de,'.isio~ an ~~:np~o:;' submits wnllen commcn1s will aulornat.c;illy PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIF/CAT!ON DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: February 3, 2009 February 11, 2009 MAILING ADl)RESS TELEPHONE Ne; CERTIFICATION I, , hereby certify that-~-.::copie~s of the above docu~·~~,)1~~~11 were posted by me in ~ conspicuous places or near y he opert~?'~t~:. ,:•;'.o.fl''!{Z,.<:j',~ DATE: ..., , , '/ 0., : «, "fc" C,. .C,, ~,,,; ~ . ._ SIG"n:N'..--" · .. , .,."'· °1>f ·;>', ,,,. ' ,p:::; , --'""-------------~"---~· ~--"'1 ~ ::. ;;. A TIEST: Subscnbed and sworn before me, a Notary Pub he, m and for the State of Washington rcs1dmg ~ ~ ~ 1.1a,t. \#-' _f .,J! E '/. 71 ~~ '\ ~0-.-1, ,~ .... ;~1~~ ·~ .... :;:~",..: L -.. ~ / /) ~ .It . ' ''""'"''\"-0~ ~5.rJ,i.•uOi..U!Ld-"llDL_,onthe ~ dayof'-d,..t..l'1."9 ,4 e,..:..0 5,,,,,~/, J'./ASV;,>,,,' Q Ncl'fARY P LIC SIG •J;i,•-.\'' CITY OF RENTON DEPARTMENT OF COMMUNTY & ECONOMIC DEVELOPMENT -PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 11th day of February, 2009, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter & NOA documents. This information was sent to: Name Representina Robert Nix Owner/Applicant/Contact Anthony & Shirley Wroten Owner Surrounding Property Owners See Attached (Signature of Sender): ~ --Jr/~,u.,v STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: cJ lt ~lo'{ Notary (Print): IA Mf>-'" c I., V n n My appointment expires: c)-\ <i -I O 102305912804 4TH & UNION RENTON C/0 JSH PROPERTIES 10655 NE 4TH ST #300 BELLEVUE WA 98004 894475067001 AU JADY S 14620 SE 110TH PL RENTON WA 98059 894475058000 CHAN ANTHONY V+NINA P 4511 NE 22ND PL RENTON WA 98059 894475056004 DANH HOC 405 HOQUIAM PL NE RENTON WA 98059 894475069007 FRANKLIN ADE K+ TAMMI LYNN T 26225 SE OLD BLACK NUGGET RD ISSAQUAH WA 98029 894475068009 GROSS MEYER 512 TACOMA PL NE RENTON WA 98056 102305902904 LALL CHANDER P+MARIA 4710 SOMERSET AVE SE BELLEVUE WA 98006 092305917806 LEVINSON GREGORY S 235 NE 78TH WAY REDMOND WA 98053 894475053001 LUQUIN LUIS 3922 NE 5TH PL RENTON WA 98056 894475087009 MICEK JOHN LAWRENCE 3921 NE 5TH PL RENTON WA 98056 102305910204 ALEMAN MARLES O+LICONA IRMA 4103 NE 5TH CT RENTON WA 98059 894475070005 BAILLIE SCOTT R+KATHLEEN M 13730 181ST AVE SE RENTON WA 98059 894641013004 CHENG ALEX BOK! 4133 NE 5TH CT RENTON WA 98059 894475062002 DO TRO VAN+LUU THI TON 4009 NE 5TH PL RENTON WA 98056 894475063000 GAO XIAO Y+XIE HUI CHANG 4003 NE 5TH PL RENTON WA 98056 102305943700 HELMS THOMAS L JR+SARA 0 4115 NE 5TH CT RENTON WA 98059 894475086001 LE CATHERINE 3915 NE 5TH PL RENTON WA 98056 894475088007 LIVINGSTON SANDRA+DENNIS L 3924 NE 5TH ST RENTON WA 98056 165753012005 MCDONALD REBECCA S 3940 NE 4TH CIR RENTON WA 98056 092305917400 MILLIKEN DAN E+DONNA B 3923 NE 6TH ST RENTON WA 98056 092305913300 ANDERSON LUANN 523 UNION AVE NE RENTON WA 98059 894475065005 BUI THU+TRAN CUONG 3925 NE 5TH PL RENTON WA 98056 894475060006 DANGEO ESMERIA 4019 NE 5TH PL RENTON WA 98056 092305921402 DYKES JAMES FRED 537 UNION AVE NE RENTON WA 98059 894641014002 GASHKAYAN KAMO V+EVELINA A 4127 NE 5TH CT RENTON WA 98059 092305916501 HOU SOMERA S 521 UNION AVE NE RENTON WA 98059 894475059008 LE MINHTRIET T 4025 NE 5TH PL RENTON WA 98056 165753014001 LOGAN KATHERINE B 3930 NE 4TH CIR BGS RENTON WA 98056 092305920404 MCNEIL CEATRICE 517 UNION AVE NE RENTON WA 98056 894475055006 MOLINAR!VERA RAUL+ANDREA 3930 NE 5TH PL RENTON WA 98056 092305920602 MOORE KEVIN P+MONIQUE D 3917 NE 6TH ST RENTON WA 98056 894475089005 PANG YENDI K+HA PATRICK 3918 NE 5TH ST RENTON WA 98056 894641015009 SHIMONO CHRISTOPHER LUKE+SHERMANJAMES 4121 NE 5TH CT RENTON WA 98059 894475066003 TAYLOR DIANA M KLEIN JESSICA L 524 TACOMA PL NE RENTON WA 98056 165753015008 VASILEV NIKOLAY+ZLATKA 3926 NE 4TH CIR RENTON WA 98056 165753013003 VINSON MARION H 3936 NE 4TH CIR RENTON WA 98056 894475064008 WONG FION Y 3929 NE 5TH PL RENTON WA 98056 092305904804 NIX ROBERTW 533 UNION AVE NE RENTON WA 98059 092305916402 PUGET SOUND ENERGY/ELEC PROPERTY TAX DEPT PO BOX 90868 BELLEVUE WA 98009 165753017004 SONG JENNIFER+MYUNG HO+MARY 3918 NE 4TH CIR RENTON WA 98056 894475057002 TRAN QUANG BUI+PHAM THUY THANH 4008 NE 5TH PL RENTON WA 98056 102305943601 VEN QUOC T + TIANG P+LINDA S 4109 NE 5TH CT RENTON WA 98059 092305916907 VISION HOUSE PO BOX 2951 RENTON WA 98056 165753016006 WONG ONSING+SUZIE SIU YEE 3922 NE 4TH CIR RENTON WA 98056 894475052003 ORILLE NINO FRANCIS S+RUBY 3916 NE 5TH PL RENTON WA 98056 894475054009 REES ROBERT +CARLY 3926 NE 5TH PL RENTON WA 98056 092305921105 SWANIGAN LAVELLE+KENNETH 559 UNION AVE NE RENTON WA 98056 894475061004 ULIANOV LUCICA 4013 NE 5TH PL RENTON WA 98056 894475095002 VILLAGE ON UNION HOMEOWNERS PO BOX 2288 RENTON WA 98056 092305923606 WINSTON ELONZO SR+VALLENA C 4011 NE 6TH ST RENTON WA 98055 092305922608 WROTEN ANTHONLY L+MARCUS E 529 UNION AVE NE RENTON WA 98059 NOTICE OF APPLICATION A Master Application has been filed and accepted with the Department of Community & Economic Development (CED) -Planning Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: Nix Lot Line Adjustment & Front Yard Setback Variance/ LUA09-0D5, V-A. LLA PROJECT DESCRIPTION: The applicants are requesting a Lot Line Adjustment to adjust the lot lines for two lots on a .66-acre site. The lot Line AdJustment would reconfigure Lot A (7,861 square feet) and Lot B (20.955 square feet) to 12,533 square feet for Lot A and 14.902 square feet for Lot B. which would give each parcel enough space for residential development. The subject properties are zoned Residential-10 (R-10) and are located off of Union Avenue NE with access provided by a private street. The applicants are requesting a front yard setback variance to allow the garage to encroach into the front yard setback by 7 feet. There are no critical areas ons1te or street improvements proposed PROJECT LOCATION: 529 & 533 Union Avenue NE PUBLIC APPROVALS: Administrative Variance Approval & Lot Line Adjustment APPLICANT/PROJECT CONTACT PERSON: Robert Nix; Tel: (206) 459-3095; Eml: rnix@goldsmithengineering.com Comments on the above application must be submitted in writing to Ion Arai, Assistant Planner, Department of Community & Economic Development, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on February 25, 2009. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7270 Anyone who submits written comments will automa\1cally become a party of record and will be notified of any decision on this project I PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION I DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: ,,;, February 3, 2009 February 11, 2009 If you would like to be made a party of record to receive further information on this proposed project. complete tl1is form and return to: City of Renton, CED. Planning D1v1s1on, 1055 South Grady Way. Renton, WA 98057 File Name/ No.: Nix Lot Line Adjustment & Front Yard Setback Variance/ LUA09-005. V-A, LLA NAME ------------------------------------~ MAILING ADDRESS TELEPHONE NO. '\-~y 0 + ' + + Economic Development, Neighborhoods and 0~4' ;.,;; ..ii Strategic Planning ~ -~ Denis Law, Mayor Alex Pietsch, Administrator ~N~O;,-~~~~~~~~~~~~~~.;.;;.;.;;~~;.;;;;;.;~;:;;;_~ February 11, 2009 Robert Nix 533 Union Avenue NE Renton, WA 98059 Subject: Nix Lot Line Adjustment & Front Yard Setback Variance LUA09-005, V-A, LLA Dear Mr. Nix: The Planning Division of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review, You will be notified if any additional information is required to continue processing your application. Please contact me at (425) 430-7270 if you have any questions. Sincerely, • -1~~ Assistant Planner cc: Anthony & Shirley Wroten I Owner(s) -------l-05_5_S_o_ut_h_G_ra_d_y_W_a_y ___ R_c_nt-on-,-W-a-,-hi-ngt_o_n_98_0_5_7 ______ ~ @ This paper contains 50% recycied matenal, 30% post consumer AHEAD OF THF. CURVE City of Renton LAND USE PERMIT MASTER APPLICATION , -... "!--t: .. r:· PROPERTY OWNER(S) PROJECT INFORMATION NAME: Robert W. & Cindy L. Nix, PROJECT OR DEVELOPMENT NAME: Anthony L. & Shirley A. Wroten Nix/Wroten LLA ADDRESS: 533 & 529 Union Ave NE PROJECT/ADDRESS(S)/LOCATION AND ZIP CODE: CITY: Renton ZIP: 98059 529 & 533 Union Ave NE, Renton 98059 TELEPHONE NUMBER: 206-459-3095 (Nix) KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) 0923059048,0923059226, 0923059251 NAME: EXISTING LAND USE(S): Single Family COMPANY (if applicable): PROPOSED LAND USE(S): Single Family ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: RMD CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (if applicable): RMD TELEPHONE NUMBER EXISTING ZONING: R-10 CONTACT PERSON PROPOSED ZONING (if applicable): R-10 NAME: Robert W. Nix SITE AREA (in square feet): 28,786 COMPANY (if applicable): SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE DEDICATED: 0 SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: 533 Union Ave NE 3,492 PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: Renton ZIP: 98059 ACRE (if applicable): Nix-4.17, Wrotem-2.9 NUMBER OF PROPOSED LOTS (ii applicable): NIA TELEPHONE NUMBER AND E-MAIL ADDRESS: 206-459· 3095, rnix@goldsrnithengineering.com & bcnixOO@hotmail.com K:\cornrnon\Bob_Nix\533 UNION\masterapp-nix-wroten.doc -1 -08/07 ' . . ,. ROJECT INFORMATION co ... inued NUMBER OF NEW DWELLING UNITS (if applicable):N/A PROJECT VALUE: N/A IS THE SITE LOCATED IN ANY TYPE OF NUMBER OF EXISTING DWELLING UNITS (if applicable):N/A ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (ii applicable):N/A 0 AQUIFER PROTECTION AREA ONE SQUARE FOOTAGE OF EXISTING RESIDENTIAL l!l AQUIFER PROTECTION AREA TWO BUILDINGS TO REMAIN (if applicable):N/A o FLOOD HAZARD AREA sq. ft. SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (if applicable):N/A O GEOLOGIC HAZARD sq. ft. SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL o HABITAT CONSERVATION sq. ft. BUILDINGS TO REMAIN (ii applicable):N/A 0 SHORELINE STREAMS AND LAKES sq. ft. NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if O WETLANDS sq. ft. applicable):N/A NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable):N/A LEGAL DESCRIPTION OF PROPERTY , Attach lenal descriDtion on separate sheet with the followina information included) SITUATE IN THE SE \/i. SE QUARTER OF SECTION _9_, TOWNSHIP ...N_, RANGE__Q§__, IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. LLA 3. 2. VA 4. Staff will calculate applicable fees and postage: $ AFFIDAVIT OF OWNERSHIP I, (Print Name/s) Robert W. & Cindy L. Nix, declare that I am (please check one) _x_ the current owner of the property involved in this application or ~~ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. (Signature of Owner/Representative) (Signature of Owner/Representative) K:\common\Bob_Nix\533 UNION\masterapp-nix~wroten.doc I certify that I know or have satisfactory evidence that Robert W-and Cindy L. Nix signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. My appointment expires:_]}_.,· IL.Lc-...JqC,.-1_'=· -"DC'-'='---lq'----- / I -2 -08/07 ' I, (Print Name/s) Anthony L. & Shirley A. Wroten • declare that I am (please check one) _X_ the current owner of the property involved in this application or ___ the authorized representative to act for a corporation (please attach proof of authorization) and that the foregoing statements and answers herein contained and the information herewith are in all respects true and correct to the best of my knowledge and belief. ~11:1 tJ~/ (SignatureofOwnr/Representative) , (Signature of Owner/Representative) I certify that I know or have satisfactory evidence that Anthony L. & Shirley A. Wroten 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) --Su SCAV\ E · tal ley My appointment expires:_]~ __ l _q~-~f-:_O_J~/- ' . AREA TO BE QUIT CLAIMED January 19, 2009 LEGAL DESCRIPTION FOR ROBERT NIX That portion of Lot 2 of City of Renton Lot Line Adjustment Number. LUA-02-112-LLA, recorded under recording number 20021121900001, in King County, Washington; described as follows: BEGINNING at the Southeast corner of said Lot; Thence N 89°01 '00" W along the South line of said Lot a distance of 55.10 feet; Thence N 02°28'56" E, departing said line, a distance of 89.02 feet to a point on the Westerly projection of the North line of said Lot 2 and Lot 1 of said Lot Line Adjustment; Thence S 88°59'57" E along said Westerly projection and said North line a distance of 50.59 feet to the common corner of said Lots 1 and 2; Thence S 00°25'16" E along the common line between said Lots a distance of 89.00 feet to the POINT OF BEGINNING. Parcel contains 4,702 square feet or 0.108 acres. 08073N IXB019-X-2255-0. DOC Page 1 of 1 Prepared by: Checked by: ;~\. GOLDSMITH ,..,, LAND DEVELOPMENT SERVICES PLANNING DIVISION WA1vER OF SUBMIIT AL REQUIREMENTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL REQUIREMENTS: Calculations , • Colored Maps for Display, Construction Mitigation Description 2 !No 4 Deed of Right•of-Way Dedication Density Worksheet 4 Drainage Control Plan 2 Drainage Report 2 Elevations, Architectural 3ANO• Environmental Checklist , . Existing Covenants (Recorded Copy), Existing Easements (Recorded Copy), Flood Hazard Data, Floor Plans , ANo, Geotechnical Report2AN03 Grading Plan, Conceptual 2 ' Grading Plan, Detailed 2 ' Habitat Data Report , I Improvement Deferral 2 Irrigation Plan 4 King County Assessor's Map Indicating Site, Landscape Plan, Conceptual, Landscape Plan, Detailed, Legal Description, List of Surrounding Property Owners, Mailing Labels for Property Owners , Map of Existing Site Conditions, Master Application Form, Monument Cards (one P!lr monument) , Neighborhood Detail Map , This requirement may be waived by: 1 . Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section H :\Forms \Plann ing\waiverolsubm ittalreqs. xf s WAIVED MODIFIED COMMENTS: BY: BY: ~. ' t-rA ' 1-tA tTA i f-r.A t-rA ~ frA t1"A PROJECT NAME:-----------.--. :·t\iJ\:, .• ,d, ! . DATE:----·---'---'----~ ",r(~,f'.\ . ,,,~··. 02/08 PLANNING DIVISION WAIVER vr-SUBMITTAL REQUIREMcr.JTS FOR LAND USE APPLICATIONS LAND USE PERMIT SUBMITTAL REQUIREMENTS: Parking, Lot Coverage & Landscaping Analysis• Plan Reductions {PMTS)• Plat Name Reservation, Postage, Preapplication Meeting Summary, Public Work~j\pproval letJer, Rehabilitation Plan 4 Screening O~ili! , Site Plan 2 ANO• Stream or Ldke Study, Standard 4 Stream or Lake Study, Supplemental 4 Stream or Lake Mitigation Plan , Street Profiles 2 Title Report or Plat Certificate , Topography Map, Traffic Study z Tree Cutting/Land Clearing Plan 4 Urban CenterOesign Overlay District Report 4 Utilities Plan, Generalized, Wetlands Mitigation Plan, Final 4 Wetlands Mitigation Plan, Preliminary, Wetlands Repott!Delineation 4 Wireless: Applicant Agreement Statement 2 AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND, Map of Existing Site Conditions , AND 3 Map of View Area , AND 3 Photosimulations 2 AND 3 This requirement may be waived by: 1 . Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Planning Section H :\Form s\P lanning\waiverof submittalreqs . xis WAiVED MODIFIED COMMENTS: . Sy.;. BY: \ ·-r,I.).: ··.·.· (T ;-,- ·. \·-re':><-. i-• 14°'}\ .. ,\ Ff:A .. 1-rA ., ~ ... .. .. . I -r;t,,. '· 't • f1A . . . 1ftA • , H"A ' PROJECT NAME: __ \J_,_Y..c___L_L-_A ____ _ DATE: ___ \4-f_..:_°f_~D_°'_.' ___ _ . 02/08 January 20, 2009 RE: Projective Narrative for Nix /Wroten LLA This Lot Line adjustment between Wroten and Nix is located at 529 and 533 Union Ave NE. Wroten is giving land to Nix to enlarge the Nix parcel. Both sites are Single family residences currently. There are no special site features. The proposed use of the properties is the same as current use, Single Family. There are no proposed code modifications being requested. January 20, 2009 RE: Justification for Nix variance in conjunction with Nix/Wroten Lot Line Adjustment This project is in conjunction with the Nix/Wroten Lot Line Adjustment. The project is between Wroten and Nix and located at 529 and 533 Union Ave NE. Wroten is giving land to Nix to enlarge the Nix parcel. There are no special site features. The proposed use of the properties is the same as current use, Single Family. This Variance will relocate the front building setback line to the South Property Line of Lot 1 in the Lot Line Adjustment. The current front setback is towards Union Ave NE (East), but it is not the front of the house. I would like to ask for a variance to the minimum front yard setback to a garage. The building of this house in 2002 has the effective front yard facing south. I believe it will be approximately 13' instead of the 20' required setback. There is plenty of driveway that is used for off-street parking besides the 2 spots that are clear internal to the garage. DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 LOT A -NIX PROPERTY 1. Gross area of property: 1. 12,532 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2from line 1 for net area: NA square feet 2145 square feet NA square feet 2. 2,145 3. 10,387 square feet square feet square feet 4. Divide line 3 by 43,560 for net acreage: 4 0.24 . _____ acres 5. Number of dwelling units or lots planned: 5. 1 units/lots ------ 6. Divide line 5 by line 4 for net density: 6. _4_· 1_7 __ = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations Including very high landslide areas, protected slopes, wetlands or floodways." Crltlcal areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. R:\PW\DEVSERV\Fonns\Planning\deosity.doc Last updated: 11/08/2004 1 DENSITY WORKSHEET City of Renton Development Services Division 1055 South Grady Way-Renton, WA 98055 Phone: 425-430-7200 Fax: 425-430-7231 LOT B • WROTEN PROPERTY 1. Gross area of property: 1. 16,253 2. Deductions: Certain areas are excluded from density calculations. These include: Public streets** Private access easements** Critical Areas* Total excluded area: 3. Subtract line 2from line 1 for net area: NA 1 347 NA square feet square feet square feet 2. 1,347 3. 14,906 square feet square feet square feet 4. Divide line 3 by 43,560 for net acreage: 4 0.34 . _____ acres 5. Number of dwelling units or lots planned: 5. _____ units/lots 6. Divide line 5 by line 4 for net density: 6. __ 2_.s __ = dwelling units/acre *Critical Areas are defined as "Areas determined by the City to be not suitable for development and which are subject to the City's Critical Areas Regulations including very high landslide areas, protected slopes, wetlands or floodways." Critical areas buffers are not deducted/excluded. ** Alleys (public or private) do not have to be excluded. R:\PW\DEVSERV\Fonns\Planning\density.doc Last updated, 11/0812004 l .,. Parcel name: 1 (NEW) lor B North: 181979.6662 Line Course: S 02-28-56 W North: 181890.7323 Line Course: N 89-01-00 W North: 181892.2716 Line Course: N 00-21-18 W North: 182056.3284 Line Course: S 88-59-53 E North: 182054.4469 Line Course; S 00-25-16 E North: 181979.4289 Line Course: N 88-59-57 W North: 181979.6662 East : Length: Length: Length: Length: Length: Length: 1311221. 3873 89.02 East 1311217.5319 89.70 East 1311127. 8487 164.06 East : 1311126. 8322 107.60 East 1311234.4182 75.02 East 1311234.9696 13. 58 East 1311221.3873 Perimeter: 538.98 Area: 16,252 Sq Ft 0.37 Ac. Parcel name: 2 (NEW) Lo, A North: 181979.6662 Line Course: S 88-59-57 E North: 181977.2448 Line Course; S 00-25-16 E North: 181888.2759 Line Course: N 89-01-00 W North: 181890.7323 Line Course: N 02-28-56 E North: 181979.6662 East : Length: Length: Length: Length: 1311221. 3873 13 8. 62 East 1311359. 9905 88.97 East 1311360. 6444 143 .13 East 1311217. 5319 89.02 East 1311221. 3873 Perimeter: 459.75 Area: 12,533 Sq Ft 0.29 Ac. Parcel name: 3 (OLD) LcT 2 North: 181978. 7824 East : 1311271. 9740 Line Course: s 00-25-16 E Length: 89.00 North: 181889.7866 East : 1311272. 6281 Line Course: N 89-01-00 W Length: 144.80 North: 181892.2716 East : 1311127. 8487 Line Course: N 00-21-18 w Length: 164.06 North: 182056. 3284 East : 1311126. 8322 Line Course: s 88-59-53 E Length: 107.60 North: 182054. 4469 East 1311234. 4182 Line Course: s 00-25-16 E Length: 75.02 North: 181979.4289 East 1311234. 9696 Line Course: s 88-59-57 E Length: 37.01 North: 181978.7824 East 1311271. 9740 Perimeter: 617.49 Area: 20,955 Sq Ft 0.48 Ac. tJIX-Wf(oTcN Parcel name: 4 (OLD) Lor North, 181899.1960 Line Course: N 00-25-16 W North, 181988.1919 Line Course: S 88-59-57 E North, 181986.6543 Line Course: S 00-25-16 E North, 181897.6853 Line Course: N 89-01-00 W North, 181899.196D East Length: Length: Length: Length: 1 ' 1311276. 9086 89.00 East 1311276. 2545 88. 03 East 1311364.271D 88. 97 East 1311364. 9250 88. 03 East 1311276.9086 Perimeter: 354.03 Area: 7,831 Sq Ft 0.18 Ac. CHICAGO · ••• LE INSURANCE COMPAI\, @ 701 FIFTH A VENUE, #3400, SEATTLE, WA 98104 C, Y: .. de£ .. -··---·-0'607 3 . PROPERTY ADDRESS: RENTON, WASHINGTON ~ Order No.: 001264091 Your No.: WROTON/DYKES/NIX BLA GOLDSMITH & ASSOCIATES, INC. 1215 114TH A VENUE SOUTHEAST BELLEVUE, WASHINGTON 98004 ATTN: KEVIN CLEARY 1/1 Enclosed are yonr materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. eirJ W\JV\ <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> UNIT 10 -YOUR COMPLETE BUILDER/DEVELOPER SERVICE CENTER WE HA VE EXPANDED TO SERVE ALL YOUR TITLE INSURANCE NEEDS RELATED TO LAND ACQUISITION, DEVELOPMENT FINANCING AND PROPERTY SUBDNISION. MIKE HARRIS TITLE OFFICER (206) 628-5623 (E-MAIL MICHAEL.HARRIS@CTT.COM) FAX NUMBER: (206) 628-5657 <<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<<>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> ***RECORDING ALERT*** THE KING COUNTY RECORDER'S OFFICE WILL BE CLOSED ON FRIDAY, FEBRUARY 13, 2009. PLEASE PLAN ACCORDINGLY. THANKS! TITLEIB/RDA/0999 C c:AGO TITLE INSURANCE COMPANY . c_ .1FIHAVENUE, #3400, SEATfLE, WA 9810· SECOND CERTIFICATE PLAT CERTIFICATE Certificate for Filing Proposed Plat: Order No.: 1264091 In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Oerk of KING County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said KING County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: ROBERT W. NIX AND CINDY L. NIX, HUSBAND AND WIFE, AS TO LOT l; AND ANTHONY L. WROTEN AND SHIRLEY A. WROTEN, HUSBAND AND WIFE, AS TO LOT 2 EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: $18. oo Records examined to JANUARY 6, 2009 at 8:00 AM HARRIS/RIEMAN Title Officer (206) 628-5623 PIATCRTA(RDA/om LOT L \IICAGO TITLE INSURANCE COMPAN' PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION Order No.: 1264091 LOT 1 OF CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-02-112-LLA, RECORDED UNDER RECORDING NUMBER 20021121900001, IN KING COUNTY, WASHINGTON. LOT 2, LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-02-112-LLA, RECORDED UNDER RECORDING NUMBER 20021121900001, IN KING COUNTY, WASHINGTON; TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER THE SOUTH 15 FEET OF LOT 1 OF SAID LOT LINE ADJUSTMENT. PIATCRn/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULEB Order No.: 1264091 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects1 liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PIATCRIB/RDA/0999 '-!ICAGO TITLE INSURANCE COMPA.N' PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS Order No.: 1264091 Ac 1. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LUA-02-112-LLA, RECORDED UNDER RECORDING NUMBER 20021121900001. c 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF, PURPOSE, AREA AFFECTED, RECORDED, RECORDING NUMBER, INGRESS AND EGRESS THE SOUTH 15 FEET OF SAID PREMISES AND OTHER PROPERTY JANUARY 18, 1965 AND FEBRUARY 14, 1979 5833879 AND 7902140061 D 3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: INGRESS, EGRESS AND UTILITIES THE SOUTH 15 FEET OF SAID PREMISES AND OTHER PROPERTY MAY 3, 1967 6170299 H 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF, GRANTEE: PURPOSE, AREA AFFECTED: RECORDED: RECORDING NUMBER: CITY OF RENTON SLOPES AND SIDEWALK AREAS IN EXCAVATION AND/OR EMBANKMENT THE EASTERLY 5 FEET OF LOT 1 JULY 14, 1971 7107140464 s 5. RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY, RESERVING AND EXCEPTING FROM SAID LANDS SO MUCH OR SUCH PORTIONS THEREOF AS ARE OR MAY BE MINERAL LANDS OR CONTAIN COAL OR IRON, AND ALSO THE USE AND THE RIGHT AND TITLE TO THE USE OF SUCH SURFACE GROUND AS MAY BE NECESSARY FOR GROUND OPERATIONS AND THE RIGHT OF ACCESS TO SUCH RESERVED AND EXCEPTED MINERAL LANDS, INCLUDING LANDS CONTAINING COAL OR IRON, FOR THE PURPOSE OF EXPLORING, DEVELOPING AND WORKING THE SAME. RECORDING NUMBER, 234123 AND 4450143 A 6. ROAD MAINTENANCE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF, PIATCRTBl/RDA/0999 UCAGO TITLE INSURANCE COMPAN' PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1264091 RECORDED: RECORDING NUMBER: APRIL 3, 1985 8504030387 , 7. MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 9712049002, IN VOLUME 118 OF SURVEYS, PAGE(S) 188, AS FOLLOWS: ENCROACHMENT OF DRIVEWAY ONTO SOUTHERLY ADJOINER; AND INTEREST OF SOUTHWESTERLY ADJOINING OWNER, AS EVIDENCE BY DRIVEWAY ACROSS PROPERTY , 8. CITY OF RENTON ORDINANCE NO. 4612 ESTABLISHING AN ASSESSMENT DISTRICT FOR SANITARY SEWER SERVICE, INCLUDING THE TERMS AND PROVISIONS THEREOF: RECORDED: RECORDING NUMBER: JUNE 21, 1996 9606210966 o 9. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2009 092305-9048-04 2100 $107,000.00 $ 215,000.00 BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE NOTE: TAXES FOR 2008 IN THE SUM OF$ 2,886.67 HAVE BEEN PAID. AFFECTS: LOT 1 AD 10. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2008 092305-9251-06 2100 $ 115,000.00 $ 0.00 BILLED: $1,136.49 PAID: $ 568. 25 UNPAID: $ 568.24 PIATCRB2/RDA/0999 UCAGO TITLE INSURANCE COMP AN' PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: )264091 AFFECTS: AN EASTERLY PORTION OF LOT 2 AB 11. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER l OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2009 092305-9251-06 2100 $126,000.00 $ D. DO BILLED: $ NOT AVAILABLE PAID: $ 0. 00 UNPAID: $ NOT AVAILABLE AFFECTS: AN EASTERLY PORTION OF LOT 2 ..,. 12. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2007 092305-9226-08 2100 $ 103,000.00 $ 138,000.00 BILLED: PAID: UNPAID: $ 2,647.98 $ 0.00 $ 2,647.98 AFFECTS: A WESTERLY PORTION OF LOT 2 AG 13. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER, LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2008 092305-9226-08 2100 $ 118,000.00 $ 141,000.00 BILLED: PAID: UNPAID: $ 2,544.46 $ 0.00 $ 2,544.46 PlATCRB2/RDA/0999 'ilCAGO TITLE INSURANCE COMPAN' PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1264091 AFFECTS: A WESTERLY PORTION OF LOT 2 MI 14. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2009 092305-9226-08 2100 $ 129,000.00 $ 163,000.00 BILLED: $ NOT AVAILABLE PAID: $ 0.00 UNPAID: $ NOT AVAILABLE APFECTS: A WESTERLY PORTION OF LOT 2 AI 15. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED, RECORDING NUMBER: LOAN NUMBER: ANTHONY L. WROTEN AND SHIRLEY A. WROTEN, HUSBAND AND WIFE TICOR TITLE COMPANY HOME123 CORPORATION $ 331,500.00 DECEMBER 14, 2005 DECEMBER 20, 2005 20051220001364 1005340240 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. AFFECTS: TAX ACCOUNT NUMBER 092305-9226-08 NOTE, SAID DOCUMENT DOES NOT CONTAIN A COMPLETE LEGAL DESCRIPTION. u 16. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ROBERT W NIX AND CINDY L NIX, HUSBAND AND WIFE FIDELITY NATIONAL TITLE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR M&T BANK PIATCRB2/RD.A/0999 AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER, AFFECTS: LOT 1 '-IICAGO TITLE INSURANCE COMPAN' PLAT CERTIFICATE SCHEDULE B (Continued) $ 343,000.00 MAY 7, 2007 MAY 14, 2007 20070514000896 12213054 Order No.: 1264091 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. v 17. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF, GRANTOR, TRUSTEE, BENEFICIARY: AMOUNT: DATED: RECORDED, RECORDING NUMBER, LOAN NUMBER, AFFECTS, LOT 1 ROBERT W. NIX AND CINDY L NIX, HUSBAND AND WIFE WELLS FARGO FINANCIAL NATIONAL BANK WELLS FARGO BANK, N.A. $ 50,500.00 JUNE 22, 2007 AUGUST 1, 2007 20070801000831 20071647100375 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. " IF THE DEED OF TRUST SHOWN ABOVE WAS GIVEN TO SECURE A LINE OF CREDIT, THE COMPANY WILL REQUIRE A COPY OF A REQUEST FROM THE BORROWER TO THE LENDER THAT THE CREDIT LINE WILL BE CLOSED AND THAT THE DEED OF TRUST WILL BE RECONVEYED. Y 18. THE LEGAL DESCRIPTION IN THIS CERTIFICATE IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS. THE PARTIES TO THE FORTHCOMING SUBDIVISION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO RECORDING, IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. z NOTE 1, EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREM~NTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. PlATCRB2/RDA/0999 \IICAGO TITLE INSURANCE COMPA.N' PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 1264091 FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY RECORDER'S OFFICE WEBSITE AT WWW.METROKC.GOV/RECELEC/RECORDS AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT, SE SE, 9-23-5. END OF SCHEDULE B PIATCRB2/RDA/0999 CHICAGO 1 ".c 1NSURANCE COMPA!' @ 701 FIFTH AVENUE, #34DO, SEATILE, WA 98104 PHONE: FAX: (206)628-5623 (206)628-5657 IMPORTANT: This is not a Survey. It is furnished as a convenience to locate the land indicated hereon with reference to streets and other land. No liability is assumed by reason of reliance hereon. •= p e1a, "6 1BOOf 9101 I " ,. "" ~,.oa 51 i 52 ; 33631 33631 ::os10 .... oszo ' .. -.... 227.0 .I i:: TH PLACE nl• oo • . 85 ~~ 15600f 9206 ·on -a$7.00 "" g 53 :; 3363t 0530 ·-"" Pp WW DO - !, .00 -79 "" ' 54 i 35381 ·.oo 0540 1' ,3 .l.5.,7 156004 9174 , 55 : 4067f "'~5~ ~ 13"1 ••·ns 45701: ., 64 -0650 " 71 3370f '0710 , 70-:;::' • 69 : 33651 ,: 3612f 0700 ... ~0690 •-ftA flBIO •-. ,. . DE CITY OF REMTON Dft 42 .14. -~ .... ' 66 J.05 38231: 0660 < 60. 7• ~ .w 4268f 760560 .. . = .. m" 120001 9212 "" ....,, .-57 ~ 4592t 0570 3:t •o, ,2 ' p 0 0 ,,_ .. 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LOT· ~ ~OB4 ~ 911 .. ~ ..... ~. 0 .., ' ~ ~ "' ...,, -• SE 1/4. SE 1/4. SECTION 9. VIC).;-NITY MAP --.. · -------- . f ;.~>J~L,]r Ir··· _,.·· 'I _,..--,.~]·· r [·. . . !!: . . . -".'t'l ... ~'i-- 1 . '.( .,• "~ 1· L '1 i \ -~T~-ll ..... ... ,··' DECLARA Tl ON S TH.IT WE. THE UkDU&IGNEO Olfll,IER(S! 00 ftlROY IIIKE A LOT LINE 0 RCW s&.17.040 AND oECLAR[ THIS ~~R~m1~~iM" A~4N .Wco~~~k ~ lLCAI. DB<JFTlOMS, I.OT.,.., f>i:. W[5T 1501"EI1 DF" ma: (),$T "'° 0tn DI' -NORIM H.oU' OF l'tt( 5(11Jf;f1WJ DF"T11:-1\€UT QIJ""1U!Of" TICSCl./!K"'5TG..Wml'I Df"nt: SOlm£J.ST QUl,R!O' OF &CT10!I 9, TD'<VIQF U HOim(, !WI;[ S EAST, W.M,, ~~~TK rm125 nrr Tl-1!11:or. LOT "II', -~ll!lrlT'OO~f<?""~?'~socriW~~OF ~Cfl.~~R.o.llX 5tf'f};/1f:is.t1 i'Hl oo.HTY, ~114:~l!Q;im ~~~~ji OF~ SUl!MSDt ~~\'J;\~&iOR~=T'°~'iNtR,~:-· ~~n: ti r~$C!..MY or_l(NJ, ST:l,i __ ,~'V'~ ,/' ,..//,,,. .... ~~--- ,?_ ,?_ TWP. 23 §00 N .. RGE " ~. I I~ CORNf~ SfC. 9·23-S FNO. "OM IN CJ.SE CLTV QF R~NTON c<!NHOL no I~~, VlSITED M.4.Y :i!OQC j .Jr I •• ~I I "' I ff 5 KIIOW ,l,.LL I.EM ev n£S1 Of TIE LM,t) HERE I" -- Ao.JUSN£HT rnEnEo AoJU5TIIENT TO JE U!O AOJUSTIIENT I WITH THE OHIRcS • $ET OU~ HAND AMO IEAi.1. (81. IN IITNUI WMEAEOf ll'E HAVE I k,e,.::],~ ~ ... R ~"""' . ~ ,· w@' L·' .__.-s u·sii:-'sn· 1s-'.·h·o1·oq.•~:r1 '·,/. t __ I ·•,·:,-.-&2,.,9' ·"' I rH,Di, ....... J2s.04·,-.· .·.' . 3(]-.oi1 ~ ':" ,. ' ,• . .., ,····"'"',::j, ,··']. I• /: J-41€$ C. * ~~ll'il/MJ,M ' _I Q,.fi':tt d /, );;/;. I ilf: ~~-#, 4,:1;1;, • J J ~y L. \l'~OT£N 71 .~." ~•~r~><-•oro~~ 1)Jlyu/J F I), ho(hu,/' ..... ' 11,11.ACI,/$ E, WROTEN ,._'." /~ ~.., ;t •' W::.l e ~ ... ---~::; ACKNOWLEDGEMENT ---------__ _.,·_ --.,,· HATE Of WASIWIGTQN) COi.i/HY OF Klf,lf) ;."• I / ,,· ··-·.· .. ,/' :r,,. c..,n~ ~~;;.,... ' . · ... fMfR:i"t~'t TAl°iJ~tCUJ~k"r'it!\-. D Pg/!$0Hi$J:.·F011 TH£ V!fES AMI .:.' wr/l"i rm.r[,EY wu: ... ,{itc\".''.'ti( .,-·-i_lVE"N l/HD~R I« f:HO ANb SEAL T"11S Jl r».'f OF ll.r:l..-.\~f.>02. f-~\--~jii(f,~~\ . ,B ~I ' --_ 11! •I~ w ;;; fT:"~ ; ~ < W.1~ ·.·. ' '""'. , ··._•', ,·' 6 ·' ' /U '-'<,; ,r~,, i• HQTA~r,vBLIC/NAND;+i¥5urr :~,ii\~ ~~J--~,r>~ oF "'-SM1"6ro" RH,01110 •r R:toP... ~, '%._··.~~~~-· / J . , ... ,,, r~~i"Bl'i ",c.J.=,,, LOT "2" UX PMCEL • Q9230S·92l6-_ €Kt ST HOUSE FF•3<;7,S-,· 37.01. !1 ' ;, ~,~ :£3 LOT €XIH. IIOIJSE Ff•:197,4"- 't},_.,_ ···"'"&:! ·4 -~,--'tr . .-•' ·1 ·} ·' w ": -;;;.,· :;:,-:;;: "!"if,-" :?<_, l: . [. · I; .. :s ... h; _, ,, -z 1::r .. . ' -'° g ~ ' •5•9046·06 r 15· \flOE IMGRUS-. EOREO IQ ...W UTIL!TY EASEll(NT. :..J 0 ., .: ,. PER R£C. • SBJ3579, 7902'40061. "SOVTH L.1.fit M 112, f "1iL"!tll4 SE 1/4, IE 1/4. ACKNOWLEDGEMENT '\~<;~~~-/ ---------------,,, ........ ---- STATE OF" WUHll'fCJTONl COUNTY 01 Kllt<i l A"-1'-.) L. kJ(l.,.tt..,.. ~ ·•·,-., .... :;:(:~.:_?:.~· !',p ""'4 " i •i :·:'.",,··. •••• ...... I ~' st co~~R __ -l %~~l~vfl~NALLY ~~P~A1 Tl/£ fOAEGO/Nc; IH$UU,WENT. ANI i\P';'E~1s'o'u1 ;; ~~l=Jr:;P. ~ Tt!AT UIO ll,'$nlUNE)lf ro er Tfif FREE mo Yl>I.UNUAY ACT At/0 o. __ -- :~i~m~i,~E~~fr'~0i1A1~121r~· I) HA$ON($). FOil THE usn 411D 'ATE!) TH,i,T T/1£Y ll'E:AE , ... .,./ NE;;::4TH S-'fREEf'. ~~~ ~J~;~i~f~ ::,;:.-i . .-·=:_ ~ .. , ........ -.,~.L-~'..~W1-~,~-~~~. ~ ,.,.. .. GIVEN UNOH 1,1y Cfv\p,.o.u, -(ft OF ~::fl~:~~ ~=s~:~~0:/~~~ su:ivrr~-, _CEIITI FICJ\"fl;:······· i~~~J 0~~~NE~A~ug~E~~Efl~M~:E~:"&iJoRMolJICE 'l'lll< IHTE. IX!UMTY A>«> CITY STAT!/TEi IN or;ToaER 2()1)2. U.d v l>;odno1 8. Honr."";;-- Cut1llooto No. ,,.e,. RECOIIOER' $. ~ERTt f, CJ\ TE ....... . F1!od ror reoord 1~1, },J doY ol .Nn<' •••. ~o.~01 •~11. '" Book \.l[I. or ~---ot pogo 'a.!.C o• '"' roquot or "'odnoy U Houon ~~.t-~n. S•P•. or R~.-.. ,1.-"1A .. Q.._ Mooo9" CITY OF' RENTON LOT LUIE AOJUSTIU:NT SE 1/4, SE I/~. SEC. 9. TIP, 23 N. RGI!:. 5 E., J.M DWN BY Ri;H DATE 10/9/02 JOB NO. 20241 CHKD BY RGH SCALE I· ~ 40 · (SHEET J OF' J E W.M /YS LOT LI NE ADJ. N0,:1 LUA-02-112-LLA ,. LND<~0-0255 o· I • • 40. 4Q" 80' "" KCAS llf;RtDIM \/£RTICAL OATLJ< IS NMO 190 1.EGE:NII ,"."11r·1.R. 'I/ICAP. ••• /IO, 21~0• HT. o. Ft!D. COA. ,r,,5 ~TED. PROPERTY AORE&SES, LOT I ~Jl l',JIDI./ AVE:·NE I.OT l "" ~ION AYE MC LOT I.REAS: LOT "flf.Af, 9EFOttE ~'-A AFTER BL~ =,i.t~t j 15. >H SI' 7 !JO SF• n,,61 ~F l~.i~• SF•· 1.CN.--au1Ln•>JO FooTP~lflTS -~·-·· ................. .. J..'CT I HOUSE FOOTPRINl ~al S.F•· •"(OT / fO.i~E fOOTP~~> < I 2' • APPRDVALS ·-./·----- _._c'i TY OF RENTON OEfA~T\11:NT Of PLAN!il NG/BUI LOING/PUBL IC WO~KS APPROVEO T!il,;i ~~AY 01' N•ll"-t'11:>Vt"" 2002 /. II KING COUNTY DEPUT'MfHT Of A5'E5Sr.!!sNTS fKAMINED AMO A,PROVfO THIS 2JE!:_ 0.0.Y OF~ 2002. ~'Riltr,nb1~ 0 AA'r OF AUESSNENH bEPA~T'MWT -Oi' il,SSESesNfs ~INO COUNTY 4$SE'30R PfPUT'r' ~INO COUNTY 55E5S0R HANSEN SURVEYING. LAml• Si:tR1<&:1iJRs ~ CONSin.TAIITS ,'; !871(1 116TH ,r,,VE. ll,. ~m: A ...... Rl:ifToN, 'h ~ •. fSt, w;-z:1-4-iO FAlC ':ilS;;!l,36-0U! ' ., .... ,~- I 00 LI) C) 0 C) C) I...O N ...... ...... N C) C) N ' 11111111111111111 20021126000058 After recordmg reru.rn to· Robert W. Nix 533 Umon Avenue NE Renton, WA 98059 Filed for Record at the Request of l,IASHJNGTON TIT \JD 29 09 PAGE Hl OF 912 tt/26/2062 08:43 KING COUNTY I UA Washington Tttle Company R272872 STATUTORY WARRANTY DEED LPB-10 z/2{) THE GRANTOR JAMES C. MAGNUSON and KIM R. MAGNUSON, husband and wife for and m cons1derat1on of Ten Dollars and Other Good and Valuable Consideration in hand paid, conveys and warrants to ROBERT W. NIX and CINDY L NIX, husband and wife the followmg descnbed real estate, situate in the County of King, State of Washington· Lot I, City of Renton Lot Lme Adjustment Number Ll.02-0112, recorded under Recordmg Number 20021121900001, in Kmg County, Washington. Subject to easements, covenants, conditions and restrictions shown on Exhibit ·A" as hereto attached and by thts reference made a part hereof . Tax Account No. Ptn 092305-9048-04 Dated thts 21st day of NOVEMBER, 2002 STATE OF WASHINGTON } COUNfY OF King } On this day personally appeared before me James C. Magnuson and Kim R. Magnuson to me knoffll to be the indmdual(s) destnbed In and who executed the within and foreg<iing ~~;~\~owleged that lhey signed the same as their free and voluntary act and deed, for the ~:~~~erein --•"oned ~ ~:,: .. ,·,ON 1','.•, 0 11 un;aul , ,,::,·,s._:>~ ~·.,, ,(\ f ·-~ .... ' I. ~ ,. ,..-: :·~\\OTAAY ~\ 'f' ~ Given under my hand and;r:;;m al seal this~ day of November, 209.2· ·~ ... .. (/)~ : ,) J . -l<:7t'> ) ', · 1•,:ot1G ." ~ ~( ...... , ·. •;;;_.,-' ', 1>:..··. 't,.f4.o'.7···6,.cr.f PATRICIA L HOMOlA . , .~\ . ·· . -·~: ~pi: .f"' Notary Public m and for the State or Washington / / Q3 ~~, ~ 7: 1~ • • ~ • re,11fu1g at ~..,,.:l\vr-My appoinlment expires: LO " • :::0 U) 0 0 0 0 \0 N ...-...- N 0 0 N ) Exh1b1t "A" to Statutory Warranty Deed Magnuson to Nix Escrow No R272872 AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN FOR: DISCLOSED BY INSTRUMENT RECORDED: RECORDING NUMBER. AFFECTS: Ingress and egress January 18, 1965 5833879 The southerly 15 feet of said premises AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: FOR· Ingresst egress and utihties DISCLOSED BY INSTRUMENT RECORDED: February 14, 1979 7902140061 RECORDING NUMBER: AFFECTS: The southerly 15 feet of said premises ROAD MAINTENANCE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY AND BETWEEN· DATED. RECORDED· RECORDING NUMBER. Robert E. Wroten and Ollie Teresa Wroten, h1s w,fe; Larry L Howe, a smgle man, Nonnan L Sundqmst and Joann L Sundquist, husband and wife; George McNeil, Jr., and Beatnce McNeil, husband and w,fe and Richard T1Jles, a widower March 7, 1985 04-03-1985 8504030387 Said agreement was not executed by the owners of said premises NOTICE OF SEWER AND/OR WATER CONNECTION CHARGE: GNENBY RECORDED RECORDING NUMBER City of Renton June 21, 1996 9606210966 RESERVATIONS AND EXCEPTIONS CONTAINED IN DEED FROM NORTHERN PACIFIC RAILROAD COMPANY: Reserving and excepting from said lands so much or such pmtlons thereof as are or may be mmeral lands or contam coal or iron, and also the use and the nght and tttle to the use of such surface ground as may be neeessary for m1mng operations and the nght of access to such reserved and excepted mineral lands, mcludmg lands contaimng coal or rron, for the purpose of explonng, developing and worktng the same. RECORDING NUMBER: 4450143 = '" = .. , ~ Wlff.N RECORDlO RITtltN TO -FIRST ALLIANCE MORTGAGE CO, ....., 10500 N.E. 8th, Suite 2050 a,, . ...,.,,.,_:;;;B:;;;e:;;;l:;;;l:;;;e..c.v:;;;u:;;;e..<.,_:cl~A:c.__9:..8:..0:..0:..4~- Q, QUIT CLAIM IJEED Tlll!ORANlU!\ ANTHONY L. WROTEN, husband of Grantee, SHIRLEY A. WROTEN ronndlncondderaUonof To establish community Property "111"'Jlllnllqulldll,..IO ANTHONY L. WROTEN !11< rolkm•1 d<salbed n:ol "1olc, situlllcd In lloc Counly or l<Jldher mlh ,n allcr ocquircd !Ille ol lhe g1111101(sJ licrdn: and SHIRLEY A, WROTEN, Husband and Wife KING ,Slalcul"Wublngfon. That portion of the North one-half of the South one-half of the Northeast quarter of the Southeast quarter of the Southeast quarter of Section 9, TOwnship 23 North, Range S E«st, W.M., in King county, Washington, lying Easterly of the west 1.5 acres of said subdivision; EXCEPT the East 180 feet thereof; Situate in the County of King, State of Washington. TOGETHER WITH an easement for ingress, egress and utilities over the South 15 feet of the West 150 feet of said 180 feet. y,.-N-. 092305-9226-0B !Mlt!IJ Ma;IW'.t.i ,,;i~ Qw.--fi i Ct,J;;t / ~ W¥ lliidl,ldal) h ,..d,1 ,i;.., (i'J..WO•J ANTHON'U L. WROTE!,. l\.~ I J (llllllriduol) SIA 11! Of WASIUN(JTUII ... COUNTY Ill' XING 0,, thlt""7 ........ ,, """" ........... "" Anthony L. Wroten u, _______ _ (S<,crdory) ST/ill! UF WASI lllkfl'UN ) IL COUNTY or ___ _ U•lhl1 ____ ""7,r .19_, 11dDrc ""', dN: uncles lit,nal. • t,lolaty. f"atilic ht ••I r. tlw: SIMc ul' Wlllhittglan, d&tlJ CfJMnlnioncd lfNI! nw11o per a.tl7 111ipmcl _ 11e1-, r.w.1o""' r.r u,, !ii.i. ,rw...,....._ '""""' .. --,r11o1,,y, _____ _ Ei~006~~ 03/~/98 .oo I ! .oo ' ~ ;J ii I I ~ 5 ~ " "' I 2 ;J. <,, -..... FIRST ALLIANCE MORTGAGE CO. 10SOO N.E. 8th, Suite 2050 Bellevue, I/A 98004 (\ QUIT CLAIM IJEED THBOMNtoR HARCUS E. WROTEN, a single man, and MONIQUE Y. WROTEN-PRINCg, a married woman as her separate estate, and both as brot11er anJ sister of ttc Grantee routldblconeldaaUonof To clear title 011ly -no consideration passing udqulldalnwto to the Grantors . . tom'eJ1 M-iJ.'i,OHY L. t·:RO'l'CN, a married man as his separate estate, and as brother of the Grantors lhc folkrwln1 dtscrlbal lrlll cshlle, slhtol<d lnthcC°'""T of KIKG , Sllleof Wnlilng!vo. i<Jldha wllh 111 aller 11tq1lml lfflc al the gronfor(s) IDel11: That portion of the North one-half of the SOUth One-half of the Northeast quarter of the Southeast quarter of the Southeast quarter of Section 9, Township 23 North, Range 5 East, W.M., in King County, Washington, lying Easter-ly of the West 1.5 acres of said subdivision; EXCEPT the East 180 feet thereof; Situate in the county of King, State of Washington. TOGETHER WITH an easement tor ingress, egress and utilities over the South 15 feet of the West 150 feet of said 180 feet. THA_N_ 092305-9226-08 llATEI> March 10 , i, 98 E1600663 03/2:i1'8 .oo .oo ,· --mnn~ STATE OF KBll'fl!Clfi COUNTY BS, On this day personally appeared before me MOIIIQU]! Y, WROTEN-PRINCE, to -known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes tberein mentioned. Given under my band and official ~~~~~~'--'-'~~~~~~• 1998 • seal this .. -~-_-.;,..-,_ .. . --.••'°'"OHo,,.' ., ' . . ····-····· cc:JrJiP ~ !luuJ NOTARY POBLI<: FOR Residing at II<>~ Ky appointment expires Printed nall9 of Notary -.--· I 20080207000594.001 AFTER RECORD!NG MAIL TO: 1111111111111111 20080207000594 l"I~ DCD 43.ee =~~2.: Tf:45 KING COUNTY I MA Name Anthony Wrote Address 529 Union Ave N.E. City State Zip Renlon WA. 9g059 Filed for Record at Request of: E2331714 ~7~11:40 IC~ ' \IA $18.M YI.,.; $11.N PACEU1. OF '91 QUIT CLAIM DEED THE GRANTOR(S) James & Kim Magnuson ___________________ _ for and in without consideration and/.or love and affection conveys and quit claims to Anthony L. & Shirley A. Wroten _______________ _ the: following described real estate., situaled in 11-te County of King -------------- srate of Washington, together with all after acquired title ofthe·granlor(s) therein: Sec attached exhibi1 A Assessor's Property Ta,; ParceL'Account Number:09230:59251 Date · 02/05/2008 -------- By ~ffHflptu~ By _______________ _ COUNn'OF J::,/;(}(z ;" lcenif)'d1~tlk11oworha~eu1isfattoiyevidencetha1 JAJ1IS C #~JJt'f5NlJ o/K.Jft £JI~ (is(li~ 1hl: person(s) who oppc:arcd bd"o~ rne, and said p,=on!)) &eknowh:dged 1har (he/sh~igoed rhis instrumer,t. on flath mted 1ha1 (~'s~ [~ aL1thorized to cxccu1e 1he instrumem and acknowledged ii n the of M bi: the free anti voluntary acl of such party(ies) for 1he LISCS and pull)Oi.es. mmtioned in 1hd ~~ •• , ~w.~_71 _______ _ My appoinmienl expires: __ "?,.,(~5~+?~/JJ ________ _ instrummi. "'"" fls kr: J LPB-12(c) 7/97 ) ' , 20080207000594.002 Exhibit A Thi> Weit !SO feelof lho llllll! 130 fe« ot!hbNO!lllbllf of l!ie &uth haltotthe N011JJwJ11WU1Ct <iftb,i SOulhea11 IJW!l'kr of lhe Soutliuitql1811Q' of So:~ 9, To\l'lllup 23 NOMI!, Rani;o 5 !!lll, WM, m Kmi: C!xmty, Waolunj(oo, BXClll'I' !he Nollll 7S fttt of die lM l'-5 l'ee! ~ SUBmc:r TO E.11eaen11, 1e1111c1mn,, ccnditioru, and COVIMll!!I of m:onl wcludmg th~ conra111:d m &hcduie D 1!lAChed h~ .';·j r ' ' ' I , • : 1 { f: .·'. .. :~, ·., EASEMENT .L"'.,.~ :i\~{ , . ~ ~f:r1· .. !DD1R WRt;TtN and BESSI.Ji: WRQTIN·~ .. hi1~.ritet •\~~-.-~,'.~ ·~ ED~l~ .. ~~BH •.~d.~\.i:l·_J~f-;r_Jf BESSIE RHODEN, by the r, pre ienta, do hereby, &f•n• ,ind ~onvay, un;,o LUTIIER, BC6I'OCK •n.,t )•:"~,.;'ff;: ~kl£ BOSTOCK, hi• wir•, t1.-lr 1ucc:e11or1 ln· intcnat ~nd 1;11i1n1, •n e,,.Nnt -tfl, :~n:;_:._,1. , t ..l ·· ir , _ • ~ _-.·-·+ ""'r.,p:;r ,J to, upon and -ovtit • portion ot the tonO:t.n& de1Cri'bed _pr;~rty of. ·Gra,ntor~I .'""':,;_:;:·/ . .\¥ ! • .. :, -,>., .. ,,. l . ' . . ' ' ' The north 112 et the s..,th 1/2. o·t thl l'lEi ot ·the SBi ot th• SBi. of Section 9, Townthip 23, N.· R. 5 1.w.H.,i 1111 the North 1/2 of th• l11t 1/2 ,are ot th• v11t.1~·,-1e:re1 tbenof, 1111 8tr, .. t .. ·1ei, Cool ond Hlnoral \et1hto1 nld. proporty bolng altuated In l1ng. County,' Stet• ct ':'i1hin1toi,.. ~ ,~ .. ,_ :, . ' . ' Spedfic:•l ly, the eaHment· henby granted 1h•ll be in,. On, :tO, _upon ind ovef'' ,the aoutMrly lS. het o! the 1to'r1d11crib1d .prope/ty tor ,·length o!, 205 te"~t, l.n' ~ ... :-·,. el'lsterly:..,.,cuterly direc:ti~: •nd in, ott, t.~, ,.upO~-'~~~ OVl!,t'_.the ~1tArl_'Y 1,."t11t' ' ~ ,· '' thoreot' for .al 'length of 80·fe.et in I notlheTl)'-,OU~rf'~Y 'dlr~Cticn •. , Said •••ement -•~•11_. be t.or1 the 1011 P"UrPoi• ot. pr·ovlding ••I'.'• ol, ' ; . -. ' '';'.;( _::--; /-'1 . ' ' . 1tnd egrau to and from ~he following de,ci'lbed ... property 'pn,.nn, ~ld ot record ~ • j' ' ' ' ' '. by Guntee1 hereinJ , Tho north 1/2 ot tbo u,t· 1/2 aon ot thl wut 1.50 ocru •or th'e nor lh 1 /2 or tM IOU th l/2 ! or tho Nii or the SR I or the SI! ot S1cttnn 9, ·TOVJ'1bip 23 N., R. 5 ~.v.H., 1ituate in King Countr, State 'ot ,\..'•ahington. -.:'·:·.})'/~{ -:,1 .. ,,·,_:'lf -;,{ I ·,-I :;:l / ,t • " • • ~--.; ' ,' tr, ·t .. .; f The ...... nt t.h\u !}\nted required tor i.n1r•11 and •ii:••• 1h1l1 .eontinue .•o long •• it. 1halt bt. ~ce,11ry ': ond •fter ~hich it th.Ill .o,tod •thh i. I ' , Cl ... .-rid I • ~ l~ ' :.>', I ,:I'. d1~ II to and !~om Gr~ntaei• prope.r\y de1erlbe~ .tbove/~--.. , ,: . i ) , ~1: . i .. ,"';>".".'~.·.-··; ,..,_, ... ~., ... I "° § -1 ~I r-1 / ·i': EASEJ\'IEN'i' &at 11 II 11 u'_t 117 I l Lyr I I Is C,thaOn.ntorA. ___ ...... _ ... 1 . :ii.., lt •~'t" _ T. . .h-'. i-" T ~ N •• A "'.a ... 5:> .4d<t-._ ",;;f:, .)¥ .t,1."Z: Jrn.,_ H,,.q ;._ uJ:1 _ f.!•i. ! e ... ---~-~·; _ ~-• ... --·-----··-·······-··-·------------·------.:~ !~--------·------------------------------- . ::~ ,L .. hereby grant ••••• -&nd convey ______ \o the Grantee ~l.f::X:_1.,.,_,,,.'JIJ.t.,.JJ_~~k',,_JO/uL ••• h,~,·~~ ,uoc ... ~rs and aMlgn,, the right, prlv'.Jeg•'.and\uthorlty to cciutrucl, Improve, repelr and ' ~ malnta.ln .A .. _;(.l!,.!,r-~,n-•• hr..,.,&~--9.,;..~.t:1<_\l~Jn.'-Yu,~-------·--·-···-··-··· acrOM, over and upon the tollo'Wing lanfli located tn .. ___ K'-bl'¥--·····-·----------County, S~te of Washington, to-wit: T},,4,.,-. f<',fl..t'l•u.J '°~ h,, N Y1. oC "h-1.t. ,;Yz. ~~ ih.t.. Nr.i JI'! ..,'-i\..1.. 1:-.T Yv "* 71,...._ ~a P~ ~c ~~~"' .9, hM.tW.th,(' :z. l' ,...Qi1.n I U'i<-~ ~,-w 1 ,.,.., , Lyi,.,. «N r ~~ "'"''" ~-st"' 1. s •~-1% EXCISE TAX NOT R~QUIRED King Co. Records ~vision ~;Oep,rty The Ornntor~--llhAll mllke no use of tho land occupied by_aald.Altt!M.4<>l'1::.-••••• ~.--·· '· '·,}::' :,,, except tor •• LN & ,-_-.~ • .>,~P---~71.,,.,11.s..., _ ::::. ····' ·--~·-··".·~----·-••· · •• •• · -•·· ·-·-•••••• In exercl!lng the right, horeln gr11nted, the Grnntee •• _. h,.__ aucoellBOl'I and.~gna, may_pau. • and repaaa over aatd ........ ~-~--~-t ............................................... ~ ............... ~ .... ~ .... :"' .. ~ .. ~---.. ~~~--?<.:'., -~·, .,, ·, ., Tho covenant, herein contained lhall run 'With_ the land ancf .;:,; binding upon °all 1Uboequent owners thereof, . .. _ \~' • l,Jo.tL'i"I,,., ."<;·,.·, :., ' ,. \" ·;.-'.·:;::.: ··'.'.t,.-· ,,.,'-~i, ., ... '' :.~·, .. ~/- The -line o! aald •• ~1"JC.....,ua::. _____ ·-'---~"-···•···"-lh&U bl parallel 'With, and not .. Jr.Jot.,.,,' , ..... ;,_;~;:·:··; .·-··,~ ,·::~·'.,i\-,~,.:,::j(;·~·t;,."I"\,:.& ~..;.;..,-·· ·f.k \ .. ,:•.). more than --~l.S: _____________ feetfdlst.ant 117 I I 9 · '· '; 1 5 I rfllne-acro.ss Aidt land, ~ ~:.':;fr·i, ,, ... ·· · 11,NO tnooet.,(. P/14.7lti...1u:.llf.y' D~t"l}fC.D "" ~-~-,y~ .·----~i .. s~.,,... 1 · I I I - ., BTATE or WABtmf'OTON, / -. <ll<DtVmUAL ACIOIOWLK!lOM!:!m Count, ol •• nfa..zy............................. .. ' I .•. (/dl.rr..<: •... tJ .. CJ.Ja.s~ ........... NoW"T Pl.lbllo in •nd ;or the atat.t ;f Wuhln,m nlldb:lr <' . __,, . . .. ·, /Q &.,. ·. •L ••••••••• .-.:::::i~~Y.;;.~ ......................... da h~~ Oll111fJ' t.h1t ~ thlll ••• ·••• ••• ..u ............. . d"' ,, •..••.•.•......•....• ':;.,!.d, ........ , ,.JJ. -•-belo" m• ............................ . .................. /.~~ .. .£.. . .J ... o e;i 1.·,.sc..;~ .......... ::::.~ ... :~ • lo~known to b4 \he 1nd1Yld~----dNOrlbd ID an.,1,rhG ~ the "1t.b1D ~t ID4 aoknffi~· -~~-·.·· .. • • ... .,.dped m4 lllllod. tbei -.mt N..o •• ~ .... tr.. and T'Cluntan IOI IDd deed tor tht '*" J.Dd lN?'P()IMIIS mn monuoried. · :· ., ..4--._._ -, --· ) . ,· ·/// "-'· .. omm ""'""' KT~~.,,, on.tmAL ~;}hla .................. '..:;~.;;..V. .................. ~u cl . ....... ... ... .... ..... .. :/..t6!:.. .. _ ...... u . .;.:z ~, IJJ ·.• ..... t)';;,,.... ~-' __ ;, \\.~~.:'~. t>\ . . ............. _ .-?."·-::;;· ---------··7·-~---·-·:·.· No~_PUbllolD i."4_~'.,t \the ..... cl Waablnrloll, l'f.l!dlnf ....... ,,.. ········~·-··--In aald Count,; I~• l.,> !."'." • ·:_.!.\~·\\ . . . . '··.' ' ... \t ,.,.., \ •:. / . -~-·. DIP.E,· ; :v E"Ltc-:-~,... - 4.-. ,,, ,, \',t ~ .. '!"_!{.·?;; ',;ti;, ·~:r.iV:•:!~ '1-·<.1:' ;J1-:• ,. :~ .' ·-1 , . .::·'-::-t~:.. . .;.,, .. ~.~ .... :, • i)l,;·:.:1;'.;::,\}:~i'.:':./Jttt}::,; <, ·/.· .,--: ~·-~ w ~. ~ le w 0 ;.··.··m···~ ,r • -II: ...... ~'I!, .. ,,-. ?>.l:_·.;. • ,. ,i>:-A,i.ii". ···.• . .... I ,_.;_,'' ;-.-:.:/' ., . .( ' ,?-jfn-... ~l~) : ·,·;~ ' /, f'· •·'"'' • 'IOl 4GSB ~ct 32D '. - EDDIE WROTEN and ll&SSIE WROTEN, his w:Lfe, also known as EDDIE Rl!Omil and BESSIE RHODEN, by these presents, do hereby grant ~d, e/Jnvey unto Lunm\ OOSTOCK (~, anri MARIE OOSTOCK, h.1 s wiie, their succeesorr in interest and assigns, an. ( ... -, ~ ea:,;ernent. in, on, to, upon and over a portion of the '!ollow:tng deeoribed property ..._ --of Grantors: The north 1/, of the south 1/2 of the NE~ or th!J"lm/; · or t>he sl!ll; ul' ~;ecti.on 9, Township 2.3, N, R, 5 E,W,M,, less the North l/2 of the Enot 1/~ acre of tho west l,S acres th!IZ'.oot, less Street, le•• Co:ol and Mineral rights1 said properly being situated in King County, State of \lar,hington, ;)poclficn.1.J...:,•, Llw ,:;1:;omont hereby granted shill be in, on 1 to upon nnd over the ,,,,uLh 15 feet of that portion of soid subdivision lying east or said west l l/~ :11~rcc, nnd over the east 1.) feet of tho south one half of s.aid wet>t 11/2 acres, .:.11J.d ca:rnment nlwll bo for the solo pUl'pooo of providing tne8J15 of ingrerHJ and utilities :illll cr,rc~;:Jto and from tho following described property preeently held o! record T!1c :wrl.h 1/?. of the onst 1/2 acre of the west l.,50 acren of the ::ur'..h 1/.:.. nf t.,h~ south 1/4 01' the NE! of thitS s~ u! the :3.E~ vr ~)o.::l'l.Lvn 9, To,,,n::.hip 2J N, R 5 E.W.M., Gituate in King County, !Jt:it.e vf Wu:,hington. '!'Ile e;.i~ornE.,'lt thu:..i g.r~lnted :Jhall continue oo long as it shall be necessary and utllitin 1;,: 1:e,1u.i.red f'ur .i..ngre:.is and egress/to and from Grantees property described above, ;ii'Lcr 'fn1td: it. 5hrtl.J. cea~,e and terminate, ~~ I '1--, i ): 1 t etJ th i:, ---'-'--do.y o! ~----1--'-'-'I--C.-'-/-- Bessie Wrot'9n I '!.,!, '. ci-.:: ;;eJ'., ,]1,,J . .l:1 •1ppoi:t.rf,H.l before me EDD.IE WROTEN Wld ~SJ.E VffiOTEN, ·,,1, :.e 1,1 :c · v\J 1i,;J.~; Lic:J.cribod. in. and who executed the w-ith.ln and i'.,,,,. ,i:,1:.",. :,,. -.: .,.., ., :,, S.·J /'!•1,t. ,I I' ' ., .~i!,l., u1d :1d'.1J,JWleti1;od thr1t liley ~dL'1ed .bhe 11/une 11:i their free 1,.-v,!, r r Llic 1i.io:. :1rnt 1,1U'pu:;e:; ·\'herein mentioned. and . • ''< I <, '' ,1 , i ~ ,.., > :1 V'~,"· 1.11,, kl' II•.'( .1 \\ j .',l, ... !". ;~ ,,"(j t~~\'~ ,, :. h:1J1ll 'il1J ,,.ff.i.(·.\.al i.:oa.l. t..hl:J .~duy or ._-.. £:..:.A_,.-·'-1_..;(:..,_·1_-_ ,? / '7 / 1 / '/ ~ _ _;_ ,r(;,:,,,,u•cA. ,.-/J/ ('.at,, . ., ' ' I"_ 1 \ ,'., (., . ,· . ' '. ., ,' '•,, I., I J J' ................ ... ,,,1 !,,, !••· ... ,i/1;,.1.,,.,i3 l'.;,.· / F<.\f)A.. ... lt•·'lU'''ol ,.j 1·1·,,, I .• rJl·l 1M"Lr IN\. co. I!< ·fi1 11; I\ Mor1111· .. (,1tmfy A,11J,tt)f Not..Iiry Public in ','l.Ild !or~e Stnt..e 0f Wn-ihlngton, reLliding at,~'.!. a!/.-,. ------------------------- I r- 0 r- ( ·. \ ) ~[NT FOR ROAOWAY SLOPES ANO S IOE~ALK AREAS ' ~ .• In the Hatter of Union Avenue N.E. Street Improvement : /: KNOW All MEN BY THESE PRES El/TS, That f_JA.ie ~~ ,t.,,._,( ~'r,.-,,1,,~ for and in con~ideration -of~2~, /Lf-- do hereby convey and w;,rr.rnt unto the City of Renton, the perpetual right, permit, 1 ice me .ind l!,Hement to ,1sc and occupy the hereinafter d'!scrlbed lands for the purpose of repairing, conPructing and maintaining roadwuy slopes and sidewalk areas in excava- tion and/o( embankment, said lands being situated in Renton, King County, State of Wa!.hlngton, 11nd described as follows, to-wit: The easterly 5' of the fol lowing descrJped property: The north one-half of the south one-half of the northeast one-quarter of the southeast one-quarter of the southeast one-quarter of Section 9, Township 23 North, Range 5 East; WH. Less the west 1.5 acres; less street; less coal and mineral rights; less the north 75' of the east 125'. the specific detai.ls concerning a!I of which are to be found within that certain map of definite location no.-1 of record and on file in the offic~ of the City Engint!:er of Renton, Washington, and bearing date of approval, ~rp---12--o~-,nd-/'.3~-m/uh!k01 STATE OF WASHINGTON COLNTY OF KING IS and and --------------- ~wf ,?.'ni i;;},"'fa, --.~--- wash1ngton, residing at ~-tft~~~~'--- ------·--·r,,•, 0,1w; / Atk'o r 1l!d ) ·, ·--' 11· SW "' ,/ \I /J" Sl ...,. ,~ ' ~ ' ',,. .......... 8 \"ddt, . :S'~).'\ '\ ... : J, ~ .... / /, , 'l'IMr Norn -nca euap1;1.,n, ln o4 4Nd lll!lllle~ SQ9:5•ti t,IMt<• ~'1•4, 110 t11r l.'ll !,; t~fflii: iillic lit1d11 ,r,t· 11111t PNH111I l'9G*;. miiMl'A ln tile ~, 5t Q,t J JIit sf •• of IL'!;!}, ---ta,1it--. , ~ • I i< •, Afl[K RECO,Ll!NG MA!l..,1.0: "Mi'IAN''t: SUNDQUIS( '· 10 'CIJI 458 Lfnd Avenue N,W, Renton, Washington 9~055 • RECD F CASHSL I •1,i1c • " ~ ' I ROAD MA!NT/:NANC!: AGHr:f.MtJIT tlJ cnL,._,rt1d Lr'1t;) thia i de/ or Mn.rr.h, ~h 1..s .',~;·~~nm•.•11t 19ti-~ • by ttr.d n olnr,le ~1n1 NOIH!l,N I,, flUNDi~Ul~T nnrt JOANN L. :.mtWQUlST, huRbnnd n.nd wtfe1 GEOriGi': McNEIL. .m.,, nnd QP.ATRICE McNnL, hur1hnnd 'lnr.l wife• rind RlCHAHD TILLE.'3, WHE.RF.:AS curh o!' the pnrtios hereto are/is tha owners ,1r ovne1• or record of the following pnrcels of reul property llll oitunted in King County, Stnte of Wnshinr,ton, to-wit: 1. WROTD/: The West 225,7 foot of the East 255,7 feet or th·:. North ha.lf of tho South hnlf of the Northeast quarter of the Southenat q11arte1· of t!10 Southeast quarter of Section 9, T\..ionship 23 '!0rth, Rnngo 5 East, W.M., in King Co1.mty, Washington: EXCEPT t!1,·· North 75 feet of the East 125 feet of said sub- division. 2. !!.Q,i§' The South half or the West half of the East one acre of the West two acres of the North h~lf of the South half of the Northeast quarter of the Southenst quarter of the Southeast quarter of Section 9, To\.7Tlship 2J North, Range 5 East, W,M,, in King County, Washington. J. SUNDQUIST: •f> PARCEL A: $ ~~. ~ ;:~.;: The North half of the East half acre of the West 1.5 acres J",..:-.=~, ot the Marth half of the South half-of the Northeast quarter ~ .;...i•-:) of the Southoast quarter of the Southeast quarter or Section 9, ·z 0.-6r; Township 2.3 North, Range 5 F..ast W,!rf., in King County, Washington. w~~ <"' j::5><' PARCEL B: ,-'-' _!i en~ An ~asement in, or., to, upon and over the South 15 feet of that portion of said s·.Jbdivision lying Ea.st of s&...i.c\ West 1.5 acres and over the East 15 feet of the South half of said Wost 1.5 acres, Both situate in tha City of Renton, County of King, State of Wash ingtori, 4. Mcl!EIL: That portion of the~. of tho S~ of tho NE: or the SEt of the SEi of Section 9, Township 23 N., Range; E,, WM, in King County, Wash~ ington, described as follows: . 0 Beginning at tho SE cgrner of said Section 91 thencs N. 0 26 114"W. 819.75'; thence N. 8~ 00 1 25"W, 240,86 1 : thence s. 0 ~1 1 15"E. 94.14', then co N, 89 01 '36" W, 89. a6' to the true point Of bg-.lnning, thence continuing N. §9 01 1)6" W, 145,54 1 1 thence S. O ~1'15 11 E. 70.00'; thence S. 89 01 1 36 11 E. 14;1: thence N. 0°,23114n w. 70 11 , 1t1ore or less to the true point or beginningl _ EXCEPTING therefrom that portion, if any, lying S, of tho S, lino of said S! or the Si of the NE: of tho SEtof tho SEt of said Section 9, Page One t-co '"' 0 '"' 0 g 1/) C1) • • C1i:~fll..•1i,._•ln,'. 11t. Uni :>,F.. t'.oi-nlll' of 0tJC'tlon ~1 1 ';r,wnsh1p 2J ~ort.h, H.'lflt'.l' 5 ~;.,\~~t.. ','j'}l, th,•11ci• tlL1rt.li G0 ~:6114 11 \,i't.:1;1t R19.7) [C!•'t t.llcnl:,~ Nnrt.11 _q,J°oo• ;?)11 WPst .:'40,86 !'l'!i•t t() thtl N ,e;, Comar of tl1nt \~C!d,n !n t:·nct of ilcnl 1'::ltn1,o her;1to!'orl) r::onvoyo,l under K in1: ~-:mmt.y Aud lt.ora f1]u 0 #41,72631, to t~o t.ruo pol.ht of b,.1i; lnn ini.:: tiwnco iku th O .:>1 115 1' l'll.n t. 129, &J f'Mt I thor.cn Nrwt.h 89 01'25 11 \fo~t. ,,.20.14 !'et'lt.t t.hon~e North O ;.?1 1 15" Wet'lt. 129,64 foot, tl1one:o ;\out.h fl.c/01 1 ;:;5 11 Enot 4;.;0,14 feat, to tho truo point of hC!r,inn in~; nnd Wlff,R~:AS <l1tch of tho ni'orodoscribod ownerahipo include right8 in and u~c of thnt cert.nln ronciwA.;) 15 foot. iJi width doscribed os follown; and Thr. :muth 15 fe<Jt of the wetit 225. 7 feet of tho es.at 255, 7 feet of t.ht"l North half uf the South half of tha Northaast quarter of the SouthMot qtrn.rtor of the 3outhwest c;;•.1artor of Section 9, Township .23 North, Range 5 Enst, W.M.1 s.nd the F.R.st 15 fcot. 01' tho South lmlf of the Wei1t half of the East one ncre of the We~t to..,a e.cres of the North half ·of the South lw.lf of the Northcnst quarter of the Southet.1.st qunt'ter of the Southeast. quarter of Section 9, Township 23 North, Re.nge 5 East W.M.: All s!.tueted in King County, Washington; WHER~AS t~e. p..-1rtios ni;re0 that it is in their joint mutual 1ntoreat that an Aercement hfl roduc1:1d to writing concerning maintenance and/or rApair of the roadway legally describl,id above, NOW THEREFORE, it is heroby flgreed that the above described roadway be jointly maintained and/or repnirod on the following terms nnd co11ditiona1 1, Ma iJ,tena.nce and/or repair shall be at the sole cost and expense of the party/pRrtiei, effecting such maintenance and/or repair, unless the record owner/ovnera of at least three of the aroredeacribed Parcels of land shall agree in writing to such mintenance and/or repair 11t a meot.ine held for .such purpose, of which moeting all the parties hereto shall have received prior written notice at least 10 days prior theroto. (Notices of such a meeting may be sent to the last Jo,own miling address of the parties hereto) 2. The costs of such repair and/or main\enanc~"eo agreed upon, shall be borne one-fifth each by the record O'l(fler/owners·or the five nforedescribed parcels of land: which share shall be payable within thirty (JO) days of receipt by the owner/owners of record Of each of the five aforedesoribed parcels of land of st,s.temente/invoices setting forth the total coat of such Mintenance end/or repair A.nd request for payment of one-fi~h thereof. Page Two '' ·\' • • VOCI\ thin lwr,•ul' \; :tll the pnrtlc:1 !rnroto, nnd nt r,11 time!! construed R.B a nmnin 1: w\t.11 n,r~·:) _,f Lh,• ~,rorednac:!'lbed pnrcol::: ,;f 1_,;r.d, rcprc::icnt.'ltlvl'tl, .'l:1:1l1•110 rind/or miccesaors in fotereat vt' Ol'leh of the pnrt ios h•:l'c,to. STATE OF WASH!NGTL,;.J COUNTY Or' KING ss < RICHARD TILLES On this day personally appeared before me ROBERT E, WROTEN and OLLIE TERESA WROTEN to rne known to be the individuals describftd in and who executed the within and foregoing lllatrument and acknowledged to me that they signed tho same as their free and voluntary act and deed for the purposes therein mentioned. 11; , _-,,,.•;'.\'.'"'·•·, GIVEN UNDER MY HAND and official seal this _E Ja-a~;y,/o_f,.-,~:' STATE OF WASHINGTON COUNTY OF KING as at r the -:. ,,. ·'.' ... ~ .. , .. ·. \\.-·.:··,. siding .,t __ ·_·1-~,,~/z_f ·.-_-:· ,1V::)·" .. ,L;.~-·, .. ..,,-... ·-' ---·· On this day personally appeared bofore me NORMAN L, SUN°:~~2.!. ... ~.J'.l~.1 -. __ • :. --~ JOANN L. SUNDQUIST to me known to be the individuals describel ''':~~~~~~~i_;.':~'.'•'\.,.t -.=, executed the within end foregoing instrument and aclmowledged to ~-j,hat -'~-·-. they eigned the sall!f'I as their free and voluntary act. an,'.%deed foP.'Jf!t /.-·-.... :' ·/. purpo:::~h:::: :n::::·:~d official seal this 111 of M~¥1~:?~·+:,~i>~~ Page nirEle.:, "'"'.!'.(·•· ·, ·. • • :;.; tn:1tn1mfl'if and 11i:k:Jwwledt;od to me '~hl\t. ht: :11,:nod tl1,• ::,,.'ll<. ,1n !.Ir, 1'1•ro11 1111,I voltrn~ry 111..:t 1rnd de'-'J for the purpOflr>s therein roontl.pl/1. 41- ,;rv1:~ liNDf:'l MY IIAND end ofrlc!nl oo,l :hlt7 :, //l'hlct, C ,i ' z',. .. -&t: Cl: r tln• 3t.a to roiJ Id 1ni::- a t --t""'-'-"'--' ST4. TE OF 'IIASilillGTO!i COUNTY OF Kiiffi On this rlay personnll.Y appeared before me GEORGE: Mcttt:IL, JR. nnd 8EATRICE :,:cNE!l, to 'l",f' known to be the individuals de::'lr:ribf'd in n.nd Wiio executed the witiiii, and foregoing instrumer.t !l.n,j a,~knrnJledw1d to m~· thnt. they signed the same A.S their free and voluntary act 11nd doed for the purpo:'.lcs therein mentioned. GIVEN UHDER MY HAND and STATE OF WASHINGTON COUNTY OF KING ss .. On this day porsonally appeared before me RICHARD TILLES to me kl-10"'11 to bo the .individual described 1n and who executed the within s.nd foregoing instrume1,t dnd acknowledged to ioo that he sir,ned the S&lbe as his free and voluntary act and deed .,· therein mbntioned·, hge Four ,, f If b1 s,',l[ 1,· t.1. h I I:' 1· f' ,. I I' l : - .) ! ' ' ! = • • I i ! • i 1_U049002 BOUN.OA.RY & TOPOCRAPHY SURVEY .'.=:;, •. ······ FOi/ Sl!SAN CANEIIEI/ IN l'HE NE f/4 OF THE SE t/4 OF l'HE SE t/4 OF SEC. 9, T._f3N., JI.SE., 11'.N., K!NC COl!NTY, ll'ASH!NCTON """'" .. :-.,,,,·· ·;,;,· ,<:, .... ~< . _, ... ~ .. -1.· __ :j_' .. __ c,:~":;~·!,.,,;;~/:·._ ·<.~:·-/ _.,--·· ''""} ,•. t ~ .,· .... :, .,.·sar4t1·14:r2r11.r1~ -~·...,,:,o----!·r---,.,-..,.-.-.---~to : tiNlft \, :':.·::·::: ..... / ," / /,~;·· .,_::,;,:;-::: ... ,:~~:~-·;: +. ,C: lt; ~,'""l!, 13 f~MAff~L' l:r .. I§ -~~.JA"f~r' . (·:. I · ·· ·· · ·"° " ir ' ' & : ,,: ,,_ ·,._,j' ,-,~ ;:} I :r//1.-.x~·,,· ·· . -·0 ···-I I 1~i{4,~m/td;1':r/.., ,/' ·:.. ' · ·-·· ·-· '. '-:···J -.:-····. '"..,,.""' 'I' ' ~-hi..~~~;·( ___ :::\--~::,,}:;-\,/ ,' '.· < . -•. ·:-~ :~:.: ~.:;:.,:i'' "it!' , t'-0:i~_:,: .£'---,,~------E-~.fO!ttLJ..t,q,E---------:::t---·,.,.,. -~ "' • . .... , .... _,,,.-. --i ·1"'"' , t /c// •,. Al.DU * ~-* ! ~vj ~ ,.·.,t• ·:,.. e·__ hN 2~· r.,r.., /' •'·" ''., Iii.""" f[~ :--1~ 'II; ! .. ,./..-'.·!1r · T.L. t06 1. 1:5:S ' • ,. · 1 ~LDtll ", ~., I :ii ! N l __ ... , .. ,. GIU?HIC SC~Le: '''.'•:,,.,,.,,·•--.,.ci ... ;·: ··~~.~ ··'e':48)$''or·Ifr.4RfNG/' ,fl" .. /'. 1·~30· " .:::~~Wl:;ziuu~.,~~ ... tf~.!flJ!f·· 1'E-R't'JCAL DA.TUAI: ~D R.!iE., W,1,/,, · .. ,,.B8N01fMARlfi\. Rli/~r i.,~u~~"IT WC AT INTEHSfCTION · ~t?t rfJJ~:flifi:i .. 11,K~f 5TH sr. .( . ~~: '·:,. tOO /··'~/ .. J,,t~ , .... ~u .. r ,·.·.. * "ij~~ ~:~:r ~~~CR!PTIONS: ',;•I "···•·.,t,, .•• ,.. 10· :,.· ",·.·~0·~1A It 'II;~ THt ~ST 240,86 ru:r Of N SOI/TH HAI.I' OF THt SOUTN §= i I!! . ''. ii ~ ~ 'S ~% :( !ti'Toff~~lf:,~ 1J}E sI~r;;p,t,r .... I! itf.1 ::J 1 ~ g ~ T.23 N.,_. R.l5 r .. W,M~ IN K!NG COUNn'.6 WA.$HINGrON; I '. . , -J i :,::; Ctj O'C(P I TH( SOI/TH 02.42 FTIT THERt I"; I ,,..,/ -·...:.:.,..,7,_//--.?"--.~~f... l .:;5~ :::E:/OUNrr!W.'.D. .. {:f TH( SOUTH 82,42 /"E(T' OF TI,£ O,ST 24D./J6 F'ffT OF THE • I ··.:·,. ·~1:•·f6fi: .. ,.,. ;~· .. _ ~~ %/~bu=/~&~ ~T~~F.AfT I I -102 _ --... ---:;, ,,· ii ,:· OUMTfR OF SECTION 9, r.2.J N., R.5 E .. W.11., IN " rw.lJ'l.l',~'1.881' 'SQ." .:" ... •· ......... ",· .. If/NG COUNTY, WA~; II',~ TIIC t. i • ri, 1,,-,:ll,AC,RS~ --~. I .,· I -"' · .. ~ j rHr ~){ ,.i/1, 11:t.;,;. rn11 , ·:, "·· ·. .... 5TQfl~N ~EPT COUNrY ~. I l.r.,/J; ,f,1/", m", -" --104 •-* -~ ., '~ ·::,. '~2·nsi''"·'' ./ I:.:· 'f.;:W..,.*f~ 11 -8"<LO~ I~ IM ·;. , ,... ,t,;, I ~9 J11,1., .' :, JO\l:,IJHtr,'f,,.H.t:.1/4. 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" '~,.~~:~ .. ·::.. @ SroRIJ oj,,w ~NHOL£ ..... ,,,,_ a, TEL£ft10Nr RIS'ER "IJi•·e.tcH BAS/l>J.' -w,\TER wa:0:R .,' • SIT l/2".)ffl"BA8 ~.'CAP ""4RKEO "C/J/ (S'·J.'81J98" -=--FENCE: ~ OVCR~O WIRES :':" ;1 ~ IJ ;5 ~ ~ ' §.~~ ~JJJ ~ ~~ ,l\,j c:, 8 " w ~ • J • "' " " 0 i ~ ~ ~ u ! ' " 2 LlJ C ! i: Q Ct;:~~~~~ w 't-.. u C: ;:: "" w u ~ •-l ~·-••• ~~~ ~~i ~~8 ~i:l:i~J ~Bo .. ~ , . V1 -~ -Q:: ~o~~ 0 shiilj >-~·• I• LiJ ..... z3 > •Jla. a:::: :il:z:<><tl ::, .... Vl .;i;~;l!E;; ~ ~ 0' ~, ~ ii' ....~ ii; .. ~ +,) t? ; 00 ~ o-!' ... Q) C: :.: 0 ~ 0 "-' 0 . ·I ·E a: : , ..... ~ t: ~:· ~,,~ i, .. ,, ·O e -."[./ .:·z : .. { i ~:·.,.~· , ., I) ~ .. • ,!bl -t z:")' ,.,...:;: ,,Ql ~ ~ ~" !~ t ;I ~ "' ~"" mmf!i. ~·&..~:i~~r C • .i·· c!:l I j I l i ' • 1 1 J r f t ··'--""";.., .441-. UJC iC...Z • . ·r~.i -\·· WHEN f<ECOROEO RETURN 10: CERTlFICAlE I, .the ~~):rsigned, ~'I Clerk of the City of Kenton, W~:;hiogton, certify that this is a true Offil'.I! o! tht:> ci:y ~~ :rk fUmton Muni,;,.,~! b;1ikHl"\g 200 Mill!:' Ye nut' South RentoiQ,V A 9001!t C) 111/' LL:'~ and correct copy of /, Subscribed and Seal ~ (..") ~ C; L! - .j CITY OF RENTON, WASHINGTON -· .::.: ORDINANCE NO. 4612 AN ORDDIANCE OF TBK CITY OP RENTON, WASXDIGTO!il, ESTABLISHING AN ASSESSMBNT DISTRICT FOR SANl'l'.ARY SJ!Wlm SERVICE IN A PORT.ION OP THE SOU'l'H BIGBI..ANDS, BEATBEll DOWNS, AND Mll>LEWOOD S1Jll-BASINS AlllJ ESTABLISlllll'G 'l'lllil AMOtlN'l' OF THE CHARGE UP0:11 CONNECTION TO 'l'BB FACILITIES , THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SBCTJON I. There is hereby created a Sanitary sewer Service Special Assessment District for the area served by the East Renton Sanitary Sewer Interceptor in the northeast quadrant of the City of Renton and a portion of its urban growth area within unincorporated King County, which area is more particularly described in Exhibit ~AH attached hereco. A map of the service area is attached as Exhibit ~B.# The recording of this document is to provide notification of potential connection and interest charges. While this connection charge may be paid at any time, the • City does not require payment until. such time as the parcel is connected to and thus benefiting from the sewer facilities. The propercy may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. SECTION II. Persons connecting to the sanitary sewer facilities in this Special Assessment District and which properties !!; -~ 6 * ~ :::: 5s g ~ "' -~ ., ~ i --~ "' ~ Ii: Q Q .... r• . i'l • t i f ~ ' f 8 i l • ! I I i ! ~ ! t i l I l I I ' l I ORDINANCE 4 612 have not been charged or assessed with all costs of the East Renton Sanitary Sewer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional fees: A. Per Unit Charge. New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge of $0. 069 per square foot of property. Those properties included within this Special Assessment District and which may be assessed a charge thereunder are included within the boundary legally described in Exhibit "A" and which boundary is shown on the 'm.:.p attached as Exhibit ~B.· SECTION III. In addition to. the aforestated charges, there shall be a charge of 4.11% per annum added to the Per unit Charge. The.interest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTION IV. This ordinance shall be effe_ctive upon its passage, approva1, and thirty (30) days after publication'. PASSED BY THE_ CITY COUNCIL this 1.Q.th day of __ J!Ll.!uun2e ___ ,,_,,_ 1996. City Clerk 2 I E I i I I l i I I l , ! 1 ! ORDINANCE 4 61 Z APPROVED BY THE MAYOR this 10th day of June 1996. Appro~as to for1t1: .. oe~~"--Q·-- Lawrence J. Warren, City Attorney Date of Publication: 6/14/96 OR0.576:5/20/96:as. 3 i I l 1 l i • J J I Exhibit A LEGAL DESCRIPTION OF THE SPECIAL ASSESSMENT DISTRICT FOR THE CITY OF RENTON -EAST RENTON INTERCEPTOR PortionsofSections8,9, 10.11.14.15.16.17,21 and22allinTownship23N, Range SE W.M. In King County, Washington Section 8, Township 23N, Range 5E W.M. All of that portion of Section 8, Township 23N. Range 5E W.M. lying East of the East right-of-way line of SR-405 and South of the following described line: Beginning at the intersection of the East line of said Section 8 with the centerline of NE 7th Street; thence Westerly along said centerline of NE 7th Street to its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NE to the North line of the Southeast 'A of said Section 8: thence West along said North line to the East right-of-way line of SR-405 and the terminus of said line. · Section 9, Township 23N, Range 5E W.M. All of that portion of Section 9, Township 23N, Range 5E W.M. lying South and East of the following described line: Beginning on the centerline ofNE 7th Street at its intersection with the centerline of Edmonds Avenue NE; thence Easterly along the centerune of NE 7th Street to its intersection with the centerline of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast 'A of said Section 9; thence East along said South line to its intersection with the centerune of Redmond Avenue NE; thence Northerly along said centerline to its intersection with the centerline of NE 10th Street; thence East along said centerline to the East line of said Section 9 and the terminus of said line. Section 10, Township 23N, Range 5E W.M. All of that portion of Section 10, Township 23N, Range 5E W.M. lying Southerly and Westerly of the following described line: Beginning on the West line of Section 10 at its intersection with the North line of the South Ya of the North lh of said Section 1 O: thence East along said North line to its intersection with the centerline of 142nd Avenue SE; thence Southerly along said centerline to its intersection with the North line.of the Southeast 1,4 of said Section 10; thence East along said North line to its intersection with the East line of said Section 10 and the tenn1nus of said line . I i I I ! I I l J ' l Legal Description of the Special Assessment District for the City of Renton -East Renton Interceptor Section 11, Township 23N, Range SE W.M. All of the Southwest 1,4 of Section 11. Township 23N. Range 5E W.M .. Section 14, Township 23N, Range SE W.M. Page2of3 All of that portion of Section 14. Township 23N, Range SE. W.M. descnbed as follows: All of the Northwest V.. of said section, together with the Southwest V.. of said section, except the South 1h of the Southeast V.. of said Southwest 1A and except the plat of McIntire Homesites and 1h of streets adjacent as recorded in the Book of Plats, Volume 58, Page 82, Records of King County, Washington, and except the South 151.55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River Five Acre Tracts as recorded inJhe J3pok of Plats, Volume 16, Page 52, Records qf King County. Washington, less 'h of the street abutting said portion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Acre Tracts, less 'h of the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of the East 150 feet of Tract 5, Block 2 of said Cedar River Five Acre Tracts and less 1h the street adjacent to said portion of Tract 5, Block 2. Section 15, Township23N, Range5EW.M. All of that portion of Section 15, Township 23N, Range 5E. W.M., except the Southwest ',4 of the Southwest \4 of the Southwest \4 of said section. Section 16, Township 23N, Range 5E W.M. All of that portion of Section 16, Township 23N, Range 5E W.M., except that portion of the Southeast % of the Southeast Y,. of the said Section 16 lylng East of the East line of the Plat of Maplewood Division No. 2 as recorded In the Book of Plats Volume 39, page 39, Records ofKlng County Washington and its Northerly extension to the North line of said Southeast % of the Southeast % of the said Section 16 and except that portion of said section lying Southerly o.fthe Northerly right-of-way line of SR-169 (Maple Valley Highway). · Section 17, Township 23N, Range SE W.M. All of that portion of Section 17, Township 23N, Range 5E W.M., lying Northeasterly of the Northeasterly right-of-way of SR-169 (Maple Valley Highway) and Easterly of the East right-of-way line of SR-405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE ·1y1ng ' i j ! • ~ ' ' ! _____________________________________ .: Legal Description of the Special Assessment District far the City of Renton -F.ast R.en/(Jlt Interceptor Page3of3 between the South line of the NE 3rd Street and the Northeasterly margin of SR- 405. Section 21, Township 23N, Range 5E W.M. All that portion of Section 21, Township 23N, R SE W.M. lying Northeasterly of the Northeasterly right-of-way line of SR-169 (Maple Valley Highway) and West of the East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats, volume 39. page 39, Records of King County, Washington. Section 22, Township 23N, Range 5E W.M. All of that portion of Section 22. To}VIlShip 23N, Range 5E W.M. described as follows: All of the Northwest 14 of the Northeast 14 of said Section 22 lying Northerly of the Southerly line of the Plat of Maplewood Heights as recorded In the Book of Plats, volume 78, pages 1 through 4, Records of King County, Washington; • Together with the North 227.11 feet of the West 97.02 of the Northeast \4 of the Northeast \4 of said Section 22. I I I l . --; -· ,. ~ .-c··. Exhibit B EAST RENTON INTERCEPTOR Special Assessment District Boundary e SANITARY SEWERS Planninq!Buildinv/N>llc Wo,n Chris!e ... ..,,Mac:Onie, VJ ..... ,lr :20 May 1996 1:24,000 ------City Limits CZT..T..7-J Special Assessment District I Return To: Home123 Corporation 3351 Michelson Drive, Ste 400 Irvine, CA 92612 Assessor's Parcel or Account Number: 092305-9226-08 20051220001364.001 11,1llllllllllll 20051220001364 TICOR NATIONAL DT s2.0a l'AGE001 OF 020 !2/Z0/Zll05 14:21 KING COUNTY, WA Abbreviated Legal Description: Section 9, Township 23 North, Range 5 east, W.M. In King County washington !Include lot,. block and plat or section~ township and range J Trustee:Ticor Title Company Full legal description located on page 16 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) ''Security lnstrument"means this doc:wnent, which is dated December 14, 2005 together with all Riders to this docwnent (B) ''Borrower"isAnthony L. wroten and Shirley A. Wroten, husband and wife Borrower is the trustor unde,: this Security Instrument. (C) "Lender" is Homel23 Corporation WASHINGTON-Single Family-Fannie Mae/Freddlo Mac UNIFORM INSTRUMENT .. -6{WA) (0012).02 M7 ~ / Pag:1 of 15 lnitials:qet./ //.vJ . VMP MORTGAGE FORMS· (800)521-7291 . " ', ' 1005340240 Form 3048 1101 Lender is a Corporation organized and existing under the laws of California Lender's address is 3351 Michelson Drive, Ste 400, Irvine, CA 92612 Lender is the beneficiary under this Security Instrument. (D) "frustee" is Ticer 'l'i tle Company {E) "Note" means the promissory note signed by Borrower and dated December 14, 2005 The Note states that Borrower owes Lender 'l'l!REE lltJNDRED 'l'HIR'l'Y-ONE THOUSAND FIVE 200!1 I 2?006 I S84.88! HUNDRED AND 00/100 Dollars {U.S. $331,500.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Ol/01/2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be execnted by Borrower [ check box as applicable]: [i] Adjustable Rate Rider O Condominium Rider O Second Home Rider B Balloon Rider O Planned Unit Development Rider O 1-4 Family Rider VA Rider O Biweekly Payment Rider GtJ Other(s) [specify] Prepayment Rider ARM Rider Addendum (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinance.. and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial 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 condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated 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 damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other talcing of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of tho 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 (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. Q-6(WA) (0012).02 ., Page2of15 lnitials:~A.;J 100534024!) Form 3 048 1101 200~12200013"4.00~ (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESP A" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if 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 RIGITTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) 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 in the County of King [Type of Recording Jurisdiction] SBE ATTACHED Parcel JD Number: 092305-9226-08 529 Union Ave NE Renton ("Property Address"): [Name of Recording JtJrisdiction] which currently has the address of (StteetJ ptyJ , Washington 98059-[Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property.' BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Propeny is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. -~(WA) (0012).02 ii> Page 3 of 15 ~8851228881864.904 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one ·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 is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by "Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period oftime, Lender shall either apply such funds or return them to Borrower. Ifnot applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower ftom maldng payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Sectiou 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment 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 in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. . 3. Funds for Escrow Items. Borrower shall pay to Lender on the daY Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments aild other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by. Lender under Section 5; and ( d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section IO. These items are called "Escrow Items." At origination or at any time durin~ the term of the Loan, Lender may require that Community -..S(WA) (0012).02 Page 4 of 15 . . ~I,\ 1005340240 lntt.1als: v· Fonn 3048 1101 200~ 122000 I 384J)6[ Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide =ipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, 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 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 in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and {b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in ac<:ordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrcwer interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 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 is a surplus of Funds held in escrow, as defined under RESPA, Lender shall a<:eount to Borrower for the excess funds in accordance with RESP A. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to malce up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in 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 deficiency in aocordance with RESP A, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. G·S(WA) (0012).02 ., Page 5 of 15 lnitiafs:~J/J-1005340240 Form 3048 1/01 200~ 12%666151:14.898 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: ( a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings wilich in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of !he lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within IO days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, ha=ds included within the term "extended coverage,• and any other ha=ds including, but not limited to, 'earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrowet s choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood z.one determination, certification and tracking services; or (b) a one-time charge for flood z.one determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fuils to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender' s option and Borrower's expense. Lender is under no obligation 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 in the Property, or the contents of the Property, against any risk, ha,ard or liability and might provide greater or lesser coverage than was previously in effect. Borrower aclmowledges that the cost of the insurance coverage so obtained might significantly 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 interest, upon notice from Lender to Borrower requesting payment . All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include 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 certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an: additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to Gt\·6(WA) (0012).02 Page 6 of 15 ~) , . ~005340240 Jnitials:~ 1/(,r/:_ - Form 3048 1/01 200~122eoo13e4_ee1 hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfliction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not 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, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender ( a) Borrower's rights to any insurance proceeds in 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 insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security lnstrurnent, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Prolecllon of the Property; Inspections. 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 residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condenmation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persom or entities acting at the direction of Borrower or with Borrowers knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations ~lude, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. O.;&(WA) (0012).02 Page 7 of 15 . . 91'? 1 A.11005340240 Initials:~ rfP. - Form 3048 1101 200!1122.000 I 3!14.6613 9, Protection of Lender's Interest in 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 is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate;' for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce Jaws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position 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, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to·the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition 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 avai I able from the mortgage insurer 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 previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in 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 if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the prenuums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required 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 in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. · ' Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on tenns and conditions that are satisfactory to the mortgage insurer and the other 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). cQ-G(WAJ (0012).02 ., Page a of 15 ~ J ~005340240 lnitlals:.f::!A..L' //. _ orm3048 1/01 200~ 1%!66613134.889 As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsuran<:e." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (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 Jaw. These rights may include the right to rec~ certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11, Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to insp«t 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 disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is 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, pajd to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in \'alue of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whelhei' or not then due, with the excess, if any, paid to Borrower. In the event of a partial taldng, destruction, or loss in value of the Property in which the lair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security· Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair 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, destructlon, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums se<:ured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender othetWise agree in writing, the MisceUaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in 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 is given, Lender is authoriffii to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Gf»-S.(WA) (0012).02 Page 9 of 15 . . Wz ) . 1:oos340240_ Initials:~. '1/w!.· I/, Form 3048 1/01 ?OOB1226681S64.81C Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest 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 in tbe Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude tbe exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any acc:ommodations witb regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to tbe provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is 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 liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind ( 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 in connection with Borrower's default, for the purpcse of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. 1n regard to any other lees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of s.uch fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is 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 tbe charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choooe to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, tbe 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. waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's ~~ 1 ~005340240 lnitials:~.A ~ ~..S(WA) (0012).02 Page 10 of 15 l'f, orm J048 1101 2063t!28881S64.844 notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this 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 Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severablllty; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of · Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against 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 provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: ·(a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "[nterest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. lfall or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all smns secured by this Security Instrument. However, this option shall not be exercised by Lender if such 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 deys from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fuils to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditioru;, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: ( a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such oilier period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other coveoairts or agreements; (c) pays all expenses incurred in enforcing this Security Instrwnent, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other f-incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security lnstrumen~ and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: ( a) cash; (b) money order; ( c) Gl,\-61WA) (0012).02 Page11 of15 Initials: ~ 4~005340240 Form 3048 1101 lOO~ 12206615B4.612 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, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant 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 in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of aceeleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. · 21. Hazardous Subslances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Envirorunental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, nse, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property ( a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release ofa Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding 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 appropriate to nonnal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender Written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Ha=dous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of ~ 1005340240 -S(WA) (0012).02 Page 12 of 15 Initials: /1.riJForm 3048 11~1 200~1%26661984.619 release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or o1her remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable 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 specified in the notice may result in acceleration of the sums secured by this Security Iostrument and sale of the Property at public auction at a date not less than 120 days in the future, The notice shall further inform Borrower of the right to reinstate after aueleration, the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to accelention and sale, and any other matters required to be included in the notice by Applieable Law. If the default is not cured on or before the date specified in the notice, Lender at its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and/or any other remedies permitted by Applieable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If L<,nder Invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law 111ay require. After the time required by Applicable Law and after publication 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 in one or more parcels and In any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale. Lender or Its deslgnee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals In the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, bnt not limited to, reasonable Trustee's :ind attorneys' fees; (b) to all sums secured by this Security Instrument; and (<) 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. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and aU 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 it. Such person or persons shall pay any recordation costs and the Trustee's fee for p,:eparing the reconveyance. 24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who bas ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. CS.,-&(WA) (0012).02 Pa9e 13 of 15 <;;f7. ~ ~-00534024_0 lnitials: __ CII_~'"" rr/AJ Form 3048 1101 !665422000496~.944 25. Use of Property. The Property is not used principally for agricultural purposes. 26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys' fees," whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred by Lender in 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 it. Witnesses: ~!~~ (Seal) SHIRLEY A WROTEN -Borrower -----------(Seal) ------------{Seal) -Borrower -Borrower (Seal) -------------(Seal) -Borrowel" -Borrower {Seal) ------------(Seal) -Borrower -Borrower G·6(WA) (0012).02 .. Page 14 of 15 1005340240 Fonn 3048 1101 20051220001364.0lB STATE OF WASillNGTON } ss: County of 4,4 - On this day personally appeared before me J ,i,.,,~ B s'fedl2C:C:, /JAJMJ,.;yL W.ana.J ,ti<ID g HltZay' A-Wrz,.n-c,;J )-/o.S,3~ -'11<.,tD /,,J/FB to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this / <{ day of [$;<!..G<1136t:.. Z&il-.5 ·~-li(WA) (0012).02 otary Public in and for the Stale of Washington, residing at k"OV-, . My Appointment Expires on Jc114f;3 2 oor Page 15 of 15 ~-'">.4,.\1005340240 fnitlals: Vf/1.,/ r/tN_' - Form 3048 1101 2vve 12200013114.6 tl ADJUSTABLE RATE RIDER (LIBOR Six-Month Index (As Published In The Wall Street Journal) -Rate Caps) THIS ADJUSTABLE RATE RIDER Is made this 14th day of December, 2005 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrowef') to secure· Borrower's Adjustable Rate Note (the 'Note") to Homa123 Corporation 1 Lender") of the same date and covering the property described in the Security Instrument and located at: 529 union Ave NE, Renton, WA 98059- [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RA TE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7. 500 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of January, 2008 , and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date. my interest rate will be based· on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market (" LIBOR'), as published in The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the •current lndeK." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding Five And Ninety-f'ive Hundredth (s) percentage points ( 5. 950 %) to the Current Index. The Note Holder will then round the result of 1005340240 MULTISTATE ADJUSTABLE RATE RIDER· UBOR SIX-MONTH INDEX (AS PUBLISHED IN THE WALL STREET" JOURNAL) -Single Family -Fannie Mae Uniform Instrument Q-838R (0402) Form 3138,lw Pag\ 1 of 3 Initials: !/tJ VMP Mortgage Solutions, Inc. • (800)521-7291 200~12!0661Sfl>t.61? this addition to the nearest one-eighth of one percentage point (0.125% ). Subject to the limits stated in Section 4(D) below, this rounded amount w m be my new interest rate until the next Change Date. The Note Holder will !heh determine the amount of the monthly payment that would be sufficient to repay the unpaid principal t_hat I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Um its on Interest Rate Changes The interest rate I am required to.Pay at the first Change Date will not be greater than 9.000 % or less than 7.500 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One And One-half percentage points ( 1.500 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 14 .500 %. IE) Effective Date of Changes My new interest rate WIii become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Challlles · The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective dafe of any change. The notice will include information required by law to be given to me and also the tille and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneflclal Interest In BoiTower. As used in this Section 18, "Interest In the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed,. 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. P-art of the Property or any Interest in the Propertr is sold or transferred (or 1f Borrow er is not a natural P._E'rson and a beneficia interest in Borrower is sold or transferred) without Lenders prior written consent, Lender may require immediate payment in full of all sums secured by this Security lnstrumenf. However, this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a/ Borrower causes to be submitted to Lender information required by Lender to eva uate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lende~ s security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is 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 is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. 1005340240 Initials: '8W #J. l!S!·S38R (0402) Page 2 of 3 Fonn 3138 1/01 ., If Lender exercises the option to r19quire immediate payment in full, 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 pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2005122DOOl3S4.0I~ BY SIGNING saow. Borrower accepts and agrees to the terms and covenants contained is Adjustable Rate Rider. . -Borr(oSealwer) ~~t. J_;;/i_, Bo (Seal) AN -rrower ____________ (Seal) -Borrower ___________ (Seal) -Borrower ____________ (Seal) -Borrower ___________ (Seal) -Borrower ------------(Seal) -Borrower ___________ (Seaij -Borrower G-838R {0402) .. Page 3 of 3 1005340240 Form 3138 1/01 2ooe 12.zeee I aei1:.e 1 s ADJUSTABLE RATE RIDER ADDENDUM (Libor Index -Rate Caps) This Adjustable Rate Rider Addendum is made this 14th day of December 2005 , and is incorporated into and shall be deemed to amend and supplement the Promissory Note (the "Note") and Mortgage, Deed of Trust or Security Deed (the "Security Instrument") and Adjustable Rate Rider (the "Rider") of the same date given by the undersigned (the "Borrower") to secure repayment of Borrower's Note to Home123 Corporation (the "Lender"). Property securing repayment of the Note is described in the Security Instrument and located at: 529 Union Ave NE, Renton, WA 98059· (Property Addres,) To the extent that the provisions of this Adjustable Rate Rider Addendum are inconsistent with the provisions of the Note and/or Security Instrument and/or Rider, the provisions of this Addendum shall prevail over and supersede any such inconsistent provisions of the Note and/or Security Instrument and/or Rider. In addition to the covenants and agreements made in the Note, Security Instrument, and Rider, Borrower and Lender further covenant and agree as follows: 4. (D) LIMITS ON INTEREST RATE CHANGES The interest rate I am required to pay at the first change dale will nol be greater than 9.000 % or less than 7,500 %. Thereafter, my interest rale will never be increased or decreased on any single Change Date by more than One And One-half percentage polnt(s)( 1.500 %) from the rate oflnlerest I have been paying for the preceding 6 months, My Interest rale will never be greater than 14.500 % or less than 7.500 %. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this· Adjustable Rate Rider Addendum. ~,lJ;)~ SHIRLEY A WROTEN NCMC . Adjustable Rate Rider Addendum RE-102 (082296) 1005340240 Pagel ofl PREPAYMENT RIDER ADJUSTABLE RATE LOAN 200~122000136>t.6!6 This Prepayment Rider is made this 14th day of December 2005 , and is incorporated into and shall be deemed to amend and supplement the Promissory Note (the "Note") and Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure repayment of Borrower's Note to Home123 Corporation (the "Lender"). To the extent that the provisions of this Prepayment Rider are inconsistent with the provisions of the Note and/or Security Instrument, the provisions of this rider shall prevail over and shall supersede any such inconsistent provisions of the Note and/or Security Instrument In addition to the covenants and agreements made in the Note and Security lnstrument, the Borrower and Lender further covenant and agree as follows: S. BORROWERS RIGHT TO PREPAY I have the right to make prepayments of principal any time before they are due. A payment of principal only Is known as a "prepayment". When I make a prepayment, I will tell the Note Holder in writing I am doing so. The Note Holder will use all of my prepayments to reduee the amount of principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the due dates of my monthly payments unless: the Note Holder agrees In writing to those changes. My partial prepayment may reduce the amount of my monthly payments after the first Change Date following my partial prepayment. lfwithln 2 .year(s) from the date of execution of the Security Instrument, I make a full prepayment or, In certsln cases a partial prepayment, and the total of snch prepaymeut(s) In any 12-month period exceeds TWENTY PERCENT (20%) of the original principal amount of this loan, I will pay a prepayment charge in an amount equal to the payment of 6 months advanee interest on the amount by which the total of my prepayment(•) within that 12-month period exeeeds TWENTY PERCENT (20%) of the original principal amount of the loan. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Prepayment Rider. NCMC Prepay l\ider • ARM (Multis!atc) RJl.103 (020800) 1005340240 Page lofl Return To: M&T Bank 5285 SW Meadows Road Suite 290 Lake Oswego, OR 97035 11111111111111111 20070514000896 F1DEL1TV NAT10 DT 48.09 ~~~,1,~~; t\~40 KING COUNTY , WA Assessor's Parcel or Account Number: 092305 • 9048 · 04 AbbreviatedLegalDescription:Lot: 1, Sub: LLA No. LL02·0112 {Include lot, block: and plat or section, township and range} Trustee:Fidelity National Title Full legal description located on page 3 20070514000896.001 Additional Grantees located on page 2 . -----------[Space Above This Line For Recordlng Data]----------- DEED OF TRUST MIN100050300005924403 INSURED BY ?--~c7ct.-fj'y6'J FIDELITY NATIONALTITLE \lfC ,.; DEFINITIONS \ t-i °t) Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated May O 7. 2007 together with all Riders to this docwnent. (BJ "Borrower" is Robert W Nix. Cindy L Nix, husband and wife Borrower is the trustor under this Security Instrument. (CJ "Lender" is M&T Bank 12213054 WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MEAS ~ -6A(WA) {0012).04 Page 1 of 15 Initials:~~ aw VMP Mortgage Solutions, Inc. 12213054 Form 3048 1 /01 Lenderisa Corporation organized and existing under the laws of New York Lender'saddressis 1 M&T Plaza. Buffalo, NY 14203 (D)"Trustee"isfidelity National Title 20070514000896.002 (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, Ml 48501-2026, tel. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated May O 7, 200 7 The Note states that Borrower owes Lender Three Hundred Forty Three Thousand And Zero/100 Dollars (U.S. $343. 000. 00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than June O 1 , 2 03 7 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus ioterest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The followliig Riders are to be exei,uted by Borrower [check box as applicable]: D Adjustable Rate Rider D Balloon Rider 0VARider D Condominium Rider D Second Home Rider D Planned Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider · D Other(s) [specify] (J) "Applicable Law" means all controlling applicable federal, state and local stamtes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners , association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by , check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument. computer. or magnetic tape so as to order, instruct. or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (M) "Escrow Items" means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other thao insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protei,ting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 12213054 12213054 Initials: ~iJM •·6A(WAI (00121.04 ® Page 2 of 15 Form 3048 1101 20070514000896.003 (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in thls Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a 'federally related mortgage loan" under RESP A. (R) "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 The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Secwity 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 in the County (1),peofRecordingJurisdictionJ of King (Name of Reconl.ing JurisdiC1ion]; SEE ATTACHED LEGAL DESCRIPTION Parcel ID Number: 092305 · 9048· 04 533 Union Avenue NE Renton ("Property Address"): which currently has the address of (Smet] [City] , Washington 98059 [Zip Code) TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted. by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns} has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, hut not limited to, releasing and canceling this Secwity Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances 12213054 12213054 .-6AIWA) 10012).04 ® Page 3 of 15 Jnitials:j:'w.J W Form 3048 1/01 20070514000896.004 of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. · THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent paymeots due under the Note and this Security Instrument be made 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 is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, theo Lender need not pay interest on unapplied funds. Leader may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding. principal balance under the Note immediately prior 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 this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment 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 in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepaymeot charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for EStrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note; until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Serority Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items.' At origination or at any time during the term of the Loan, Lender may require that Community 12213054 12213054 rn~;ars: Rw,0 aw '9-6A(WA) (0012).04 "' Page 4 of 15 Form 3048 1101 . , .. ( 20070514000896.005 Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing 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" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, 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 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 in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESP A, and (b) not to exceed the maximum amount a lender can require under RESP A. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution' whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Horne Loan Bank. Lender shall apply the .Funds to pay the Escrow Items no later than the time · specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds. annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing·. or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower · any interest or earnings on the Funds. Borrower·and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accoultling of the· Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESP A. If there is a shonage of Funds held in 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 shorrage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESP A, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Propeny, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 12213054 ··6A(WA) (0012).04 .. Page 5 of 15 rn1tra1s, Rw,Jli.N 12213054 Form 3048 1101 20070514000896.006 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tru< verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one"time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time rernappings or similar changes occur which • reasonably might affect such detennination or certification, Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation 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 in the Property, or the contents of the Property, against any risk, haz.ard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly 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 interest, upon notice from Lender to Borrower requesting payment. AU insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include 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 certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to 12213054 G!-6A(WA) (0012).04 ® Page 6 of 15 12213054 Form 3048 1101 20070514000896.007 bold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not 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, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in 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 insurance policies co.vering the Property, .insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Securitylnstrument,.whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and· use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one' year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be. unreasonably withheld, or unless extenuating circumstances exist which are beyond. Bi>rrower' s control. 7 -Pnservation, Maintenance and Protection of the Property; Inspections. 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 residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing o,r restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaocurate infonnation or statements to Lender ( or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, represent;ttions concerning Borrower's occupancy of the Property as Borrower's principal residence. 12213054 c11r,·6A(WA) {0012).04. Page 7 of 15 Initials: ir,,.Jtt./11 12213054 Fonn 3048 1101 20070514000896.008 9. Protection of Lender's Interest in 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 is a legal proceeding that nright significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien 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 is reascnable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not lintlted to: (a) paying any sums secured by a lien which has priority over this Security Iustrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position 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, drain water from pipes, elinrinate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may lake action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taldng any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. . . . .. . . . . If this Security Instrument is on a leasehold;' B6rtower shall. comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold· and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgagelnsurance coverage required by Lender ceases to be .available from the·mortgage insurer 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 subslantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance; Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in 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 if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the prenriums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required 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 in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section JO affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Iusurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Iusurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, 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 insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Iusurance premiums). 12213054 --6A(WA) 10012).04 © Page 8 of 15 Initials: (l1,,:'tt.N 12213054 Form 3048 1 /01 20070514000896.009 As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (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 include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance tenninated automatically, and/or to receive a refund of any Mortgage Insurance preniiums that were unearned at the time of such cancellation or termination. U. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Propeny is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Pro~JUO. 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 disbursement or in a .series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pa)'. Borrower any interest or earnings on such Miscellaneous Proceeds. lfthe restoration or repair is not econpmically 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 applied in the order provided for in Section 2. ·-· In the eveot of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not theo due, with the excess, if any, paid to Borrower. In the eveot of a partial taking, destruction, or loss in value of the Propeny in which th" fair market value of the Property immediately before the partial taldng, destruction. or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instnnneot shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial wcing, destruction, or loss in value divided by (b) the fair 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 loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured innnediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Propeny is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in 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 is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not theo due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. 12213054 ~·6AIWA) 10012).04 Page 9 of 15 Initials: g(IJ,J M 12213054 Form 3048 1101 20070514000896.01 O Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security lnstrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairruent of Lender's interest 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 in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in futerest of Borrower shall not operate to release the liability of Borrower or any Successors in futerest of Borrower. Lender shall not be required to connnence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the snms secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in futerest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then,due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and,,Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note {a "co-signer"): (a) is co-signing this Security lnstrwnent only to mortgage, grant and convey the co-signer'.s interest in the Property under the terms of this Security lnstrument; (b) is not personally obligated to pay ,the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower, can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security fustrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is 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 liability under this Security h!strument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (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 in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security fustrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in 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 prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is 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 pennitted limit; and (b) any sums already collected from Borrower which exceeded pennitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, 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 waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with thls Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's 12213054 G-6A{WAI (0012).04 & Page10of15 Initials: l<iJ.Jl'uJ 12213054 Form 3048 1101 :'!:1 20070514000896.011 notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through .that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this 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 Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabllity; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but ·such silence shall not be construed as a prohibition against 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 provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instru=t: (a) words of the masculine g~<!e.r,,~all mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but notUmited to, those beneficial interests transferred in a bond for deed, contract for deed, 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 sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such 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 pay all sums secured by this Secnrity Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shaJI have the right to have enforcement of this Security Instrument discontinned at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those ccnditions are that Borrower; (a) pays Lender all sums which then wonld be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees. property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following fonns, as selected by Lender: (a) cash; (b) money order; (c) 12213054 ··6A(WA) (0012).04 ® Page 11 of 15 Initials; /;(,J.J8H' 12213054 Form 3048 1101 20070514000896.012 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, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer') that collects Periodic Payments due under !he Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of lhe Loan Servicer unrelated to a sale of the Note. If !here is a change of the Loan SeIVicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address 10 which payments should be made and any other information RESP A requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred 10 a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant 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 (wilh such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: {a) "Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and lhe following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as def'med in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute 10. 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 in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding 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 appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving !he Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of 12213054 12213054 Initials: 0,J,..I t!W • -6A{WA) (0012).04 ., Page 12of 15 Form 3048 1/01 20070514000896.013 release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Propeny is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender funher covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in Ibis Security Instrument (but not prior to acceleration under Section 18 unless Applicable 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 specified in 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 in the future. The notice shall further infonn Borrower of the right to reinstate after acceleration, the right to bring 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 included in the notice by Applicable Law. If tlie default is not cured on or before the date specified in the notice, Lender at its option, may require immediate payment in full of all sums secured by this Security Instrument, without further demand and may invoke the power of sale and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, Including, but not limited to, reasonable attorneys' fees and costs of title evideoce. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require, After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the tenns designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale . of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale. Lender or its designee 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 in the Trustee's deed shall be prima facie evidence of the truth of the statemeots made therein. Trustee shall apply the proceeds or the sale in the following order: (a) to all expenses of the sale, including, 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 it or to the clerk of the superior court of the county in which the sale took place. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Propeny 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 it. Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance. 24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Propeny, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 12213054 Q-GA(WAI (00121.04 ® Page 13 of 15 Initials: /',,Jr'~uJ 12213054 Fonn 3048 1 /01 20070514000896.014 25, Use of Property. The Property is not used principally for agricultural purposes. 26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys' fees," whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred by Lender in 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 WASIDNGTON 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 it. Witnesses: --'------------(Seal) -Borrower ------------(Seal) -Borrower ------------(Seal) -Borrower ""'~-~1-"--'"--z_/'-~-----(Seal) Robert W Nix -Borrower. -~~~-~~-------<Seal)· Cindy L Nix -Borrower ------------(Seal) -Borrower --------~--(Seal) -BottOWff. ------------(Seal) -Borrower 12213054 ~,6AIWA> 10012).04 Page 14 of 15 12213054 Form 3048 i/01 20070514000896 .015 STATE OF WASHINGTON } ss: County or King OnthisdaypersonallyappearedbeforemeRobert W Nix and Cindy L Nix to me known to be the individual(s) described in and who ·~~~ the within and foregoing instrument, and acknowledged that he/shelti§1' signed the same as his/her/~ree and voluntary act and deed, for the uses and purposes therein mentioned. .I,_ AA It 11 / GIVEN under my hand and official seal this 7;n day of ,. d '2-co / . ,s;.,;:_, MOIRA A. SANER NOTARY PUBLIC STATE Qf WASHINGTON COMMISSION EXPIRES SEPTEMBER 29, 2010 12213054 --6A{WA) (0012)-04 .. Notary Public in and for the State of Washing Ion, residing at My Appointment Expires on Sept 1-,'11 to fD lnitials:.G..i ~ liN 12213054 Page 15 of 15 Form 3048 1/01 .·\i' FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON Title Order Number: 2-07041383 LEGAL DESCRIPTION Lot 1. City of Renton Lot Line Adjustment No. LLOZ-0112, recorded under Recording No. 20021121900001, records of King County, Washington Situate in the County ot King, State of Washington. NOTE FOR INFORMATIONAL PURPOSES ONLY: The following may be used as an abbreviated legal description on the documents to be recorded, per amended RCW 65.04. Said abbreviated legal description is not a substitute for a complete legal description within the body of the document. L 1, LLA No. LL02-0112 This property is located in KJNG county. Recording to be.-delivered to: Fidelity National Title Co., 720 Olive Way #515, Seattle, WA 98101 20070514000896.016 ;-_,., 20070801000831.001 i ., After Recording Return To:. Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC B6955-015 111111 Ill ~~~,rAr,o,H OLDDT 37.00 Billings, MT 59107-9900 ea1e11zee7 13·zi KXNG COUNTY, 11A DEED OF TRUST Trustor(s) ROBERT W. NIX AND CINDY L NIX, HUSBAND AND WIFE Truslee(s) Wells Fargo Financial National Bank, 2324 Overland Ave; BIIUngs, MT 59102 ,_)>._,'' > Beneficiary Wells· Fargo Bauk, N.A., 101 North Phillips Avenue; Sioux F311s, SD 57104 Legal Description LOT 1, CITY OF RENTON LOT LINE ADJUSTMENT NUMBER LLOl-0112, RECORDED UNDER RECORDING NUMBER 20021121900001, IN KING COUNTY, WASHINGTON Assessor's Property Tax Parcel or Account Number 092305-9048 Reference Numbers of Documents Assigned or Released 1/5 Documents Processed 06-15-2007, 12:36:26 Prepared by: Wells Fargo Bank, N.A. RJTU DARYANi DOCUMENT PREPARATION 11601 N BALCK CANYON PHOENIX, ARIZONA 85029 877-524-0865 After recording, return lo Wells Fargo Bank, N.A. Attn: Document Mgt. P.O. Box 31557 MAC 86955-015 Billings, MT 59107-9900 20070801000831.002 State ofWashingto,n------------<>·pace Above This Line For Recordmg Data-- REFERENCE#: 20071647100375 Account number, 650-650-6109433-IXXX SHOR.T FORM DEED OF TRUST ,(With Future Advance Clause) l. DATE AND PARTIES. The date of this Short Deed of Trust ("Security Instrument") is JUNE 22. 2007 and the parties are as follows: TRUSTOR ("Grantor'): ROBERT W. NIX AND CINDY L NJ:x, HUSBAND AND WIFE whose address is: 533 UNION A VE NE, RENTON, W ASIDNGTON 98059-4705 TRUSTEE: Wells Fargo Financial National Bank, 2324 Overland Ave, BiUiogs, MT 59102 BENEFICIARY ("Lender''): Wells Fargo Bank, N.A., 101 North Phillips Avenue, Sioux Falls, SD 57104 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Grantor's performance under this Security Instrument, Grantor irrevocably grants, conveys and sells lo Trustee, in trust for the benefit of Lender, with power of sale, all of that certain real property located in the County of KING, State of Washington, described as follows: Assessor's Property Tax Parcel Account Number(s): 092305-9048 · LOT 1, CITY OF RENTON WT LINE ADJUSTMENT NUMBER LL02-0112, RECORDED UNDER RECORDING NUMBER 20021121900001, IN KING COUN1Y, WASIDNGTON with the address of 533 UNION A VE NE, RENTON. WASIDNGTON 98059 and parcel number of09230S- 9048 together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements that may now, or at any time in 1he future, be part of the real estate described above. 3. MAXIMUM OBLIGATION LIMIT AND SECURED DEBT. The total amount which this Security Instrument will secure shall not exceed $ 50,500.00 together with all interest thereby accruing, as set forth in the promissory note, revolving line of credit agreement, contract, guaranty or other evidence of debt ("Secured Debt'') of even date herewith, and all amendments, extensions, modifications, renewals or other documents which are incorporated by reference into this Security Instnnnent, now or in the future. The maturity date ofthe Secured Debt is JUNE 22, 2047. 215 Documents Processed 06-28-2007, 17:22:58 20070801000831.003 , . 4. MASTER FORM DEED OF TRUST. By the delivery and execution of this Security lnstrumen~ Granter Agrees that all provisions and sections of the Master Fann Deed of Trust ("Master Fonn'1, inclusive, dated February I, Im, and recorded on 2n/1997 as Auditor's File Number 9702070744 in. Book N/A at Page NIA of the Official Records in the Office of the Auditor of KING County, State of Washington, are hereby incorporated into, and shall govern, this Security Instrument. 5. USE OF PROPERTY. The property subject to this Security Instrument is not used principally for agricultural or fanning purposes. 6. RIDERS. If checked, the following are applicable to this Security Instrument The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the tenns of this Security Instrument IN/Al Third Party Rider /NIA/ Leasehold Rider /NIA/ Other: --'-'N::.,IA.:_ ________ ~-------------- SIGNATURES: By signing below, Grantor agrees to perform all covenants and duties as set forth in this Security Instrument Grantor also acknowledges receipt of a copy of this docmnent and a copy of the provisions contained in the previously recorded Master Form (the Deed ofTrnst-Bank/Customer Copy). Granter CINDYLNIX Grantor Granter Granter Grantor WADEED-short (06/2002) CDPv.l · IIHIRHIDHIIIIDWRIIIIIIIIU Date Date Date Date Date Date 3/S Docmnents Processed 06-15-2007, 12:36:26 • Grantor Grantor 20070801000831.004 Date Date 4/5 Documents Processed 06-15-2007, 12:36:26 ~:::rlndW@rtrn~ftmrOwn Right, Countyof \Z\Nti 14>11tMrsoit:t EKd belffld· Qi1ND\/ L-N lR- _____________________ (here insert the name of grantor or grantors) to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged that be (she or they) signed the same as his (her or their) free and volun)i'{Y act and ~tfnr the uses and p~~es therein mentioned. Given under my band and official seal this..)...!. day of ~ , 20111· [NOTARIAL SEAL] Notary Public 20070801000831.005 W ADEED -short (0612002) CDPv. l IIIIUIHHIIIHEIIIIIIIIIIUIII 5/5 Documents Processed 06-15-2007, 12:36:26 Printed: 02-03-2009 Payment Made: CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 Land Use Actions RECEIPT Permit#: LUA09-005 Receipt Number: Total Payment: 02/03/2009 08:27 AM 500.00 Payee: ROBERT W NIX #5162 Current Payment Made to the Following Items: Trans Account Code Description Amount ---------------------------------------------------------------------- 5015 000.345.81.00.0012 Lot Line Adjustment 5022 000.345.81.00.0019 Variance Fees Payments made for this receipt Trans Method Description Amount Payment Check 5162 500. 00 Account Balances 450.00 50.00 Trans Account Code Description Balance Due --------------------------------------------------------------------- 3021 303.000.00.345.85 5006 000.345.81.00.0002 5007 000.345.81.00.0003 5008 000.345.81.00.0004 5009 000.345.81.00.0006 5010 000.345.81.00.0007 5011 000.345.81.00.0008 5012 000.345.81.00.0009 5013 000.345.81.00.0010 5014 000.345.81.00.0011 5015 000.345.81.00.0012 5016 000.345.81.00.0013 5017 000.345.81.00.0014 5018 000.345.81.00.0015 5019 000.345.81.00.0016 5020 000.345.81.00.0017 5021 000.345.81.00.0018 5022 000.345.81.00.0019 5024 000.345.81.00.0024 5036 000.345.81.00.0005 5909 000.341.60.00.0024 5941 000.341.50.00.0000 5954 650.237.00.00.0000 Park Mitigation Fee Annexation Fees Appeals/Waivers Binding Site/Short Plat Conditional Use Fees Environmental Review Prelim/Tentative Plat Final Plat PUD Grading & Filling Fees Lot Line Adjustment Mobile Home Parks Rezone Routine Vegetation Mgmt Shoreline Subst Dev Site Plan Approval Temp Use, Hobbyk, Fence Variance Fees Conditional Approval Fee Comprehensive Plan Amend Booklets/EIS/Copies Maps (Taxable) DO NOT USE -USE 3954 5955 000.05.519.90.42.l Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .oo .oo .00 .00 .00 .00 .00 .00 .00 .00 .00 ) R0900427