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HomeMy WebLinkAboutMiscI r r Gilles Consulting Brian K. Gilles 4 2 5- 8 2 2- 4 9 9 4 pEVEL©LAMENT PLANNING "ITY m: RENTON JUN 17 2008 RECEIVE ANALYSIS OF SELECTED TREES AT BROOKFIELD SHORT PLAT 1055 LYONS AVE & 1059 NILE AVE NE, RENTON, VGA 98059 April 18, 2008 Amended June 3, 2008 PREPARED FOR: John Smith Pacific Rim Construction P.O. Box 2670 Renton, 4' li 98056 PREPARED BY: GILLES CONSULTING Brian K. Gilles, Consulting Arborist ISA Certified Arborist # PN-0260 ASCA Registered Consulting Arborist # RCA-418A PNW-ISA Certified `L'ree Risk Assessor #148 Fax:425-822-6314 E-mail: bkgilles@comcast.net P.O. Box 2366 Kirkland, WA 98083 Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3, 2008, Original Report April 1.8, 2008 Page 2 of 25 CONTENTS EXECUTIVE SUMMARY........................................................................................... 3 ASSIGNMENT.............................................................................................................. 4 METHODOLOGY........................................................................................................ 4 TreeTags ................ ................. .................................... ........................ .................... —4 MissingTrees.................................................................... ..............................4 OBSERVATIONS......................................................................................................... 5 DISCUSSION................................................................................................................ 5 CONCLUSIONS AND RECOMMENDATIONS........................................................5 TreeReplacement ....................... ... . .. ........................................................................... 5 Tree Protection Measures ..-- ... ........................... ... .................... ... .......---. _.................. 6 WAIVER OF LIABILITY............................................................................................ 6 ATTACHMENTS......................................................................................................... 8 Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3, 2008, Original Report April 18, 2008 Page 3 of 25 EXECUTIVE SUMMARY 239 Trees were evaluated- - CURRENT HEALTH RATINGS: - The trees were rated for condition and structure as follows: - 20 trees are Dead - 39 trees are Dying - 50 trees are Poor - 98 trees are Fair - 28 trees are Good - 4 trees are Very Good - 0 trees are Excellent. - DEDUCTIONS: 1. There are 34 trees that are Dead, diseased, or dangerous on the property west of the stream buffer. - There are 4 trees in the Open Space at the southeast corner of the property. - 3 trees are in Fair to Good Condition. - 1 Tree, # 605, is in poor condition and a deduction included in the 34 above- - In Addition, there are 27 trees in the proposed Stormwater Detention Pond. - 19 trees are in Fair to Very Good Condition. - 8 trees are dead, diseased, or dangerous and included in the deduction count above 2. There are 4 trees on the proposed roadway. - They are #'s 601, 606, 615, & 660. 3. There are 5 trees on the private access to Lot 3. - They are #'s 669, 670, 671, 672, and 673. 4. There are 28 trees critical areas and buffers- - They are all scheduled for retention. - Therefore, there are 81 tree deductions on the property west of the stream buffer. Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton; WA 98059 Gilles Consulting Amended June 3, 2008, Original Report April 18, 2008 Page 4 of 25 ASSIGNMENT John Smith of Pacific Rim Construction contracted with Gilles Consulting to analyze the trees at Brookfield Short Plat, 1055 Lyons Ave & 1059 Nile Ave NE, Renton, Washington. Specifically Mr. Smith requested that Gilles Consulting evaluate all the trees on the site west of the stream. The property is being re -developed and the City of Renton requires an analysis of the trees as part of the permit process_ This report provides the analysis. The information in this report can be utilized to create a Tree Retention/Protection Plan as required by the Renton Code. METHODOLOGY To evaluate the trees and to prepare the report, I drew upon my 25+ years of experience in the field of arboriculture and my formal education in natural resources management, dendrology, forest ecology, plant identification, and plant physiology. I also followed the protocol of the International Society of Arboriculture (ISA) for Visual Tree Assessment (VTA) that includes looking at the overall health of the trees as well as the site conditions. This is a scientifically based process to look at the entire site, surrounding land and soil, as well as a complete look at the trees themselves. In examining each tree, I looked at such factors as: size, vigor, canopy and foliage condition, density of needles, injury, insect activity, root damage and root collar health, crown health, evidence of disease -causing bacteria, fungi or virus, dead wood and hanging limbs. While no one can predict with absolute certainty which trees will or will not fail, we can, by using this scientific process, assess which trees are most likely to fail and take appropriate action to minimize injury and damage_ Tree Tags The trees were tagged and numbered 601 through 839. The tags are made of shiny aluminum approximately one inch by three inches in size and are attached to the tree with staples and a one foot strip of brightly colored survey tape. The tags were placed as high as possible to minimize their removal and were generally placed on the backsides of the trees as inconspicuously as possible. Please refer to Attachment 1, ,Site Plan for an orientation to the site and the approximate location of the trees. Missing Trees There were a few trees that were not included on the survey_ They were labeled with the next number in the sequence and then their approximate location was indicated on the included site plan, Analysis of Trees for the Brookfield Short Plat 1055 Lyom Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3, 2008, Original Report April 18, 2008 Page 5 of 25 OBSERVATIONS The property west of the stream is accessed on an undeveloped single family to the west between two recently constructed homes. The access is level and then drops sharply to the east. The area of the proposed road, proposed storm detention pond, and the proposed 6 single family lots slopes from west to east gradually. The property slopes more steeply from the buffer down to the stream. The trees on the property are a mixed stand of native conifers and deciduous native trees- -likely a remnant second or third growth forest. In an effort to present the information and conclusions for each tree in a manner that is clear and easy to understand, I have included a detailed spreadsheet, Attachment 2, Tree IrrventoryfC'ondition Spreadsheet. The descriptions on the spreadsheet were left brief in order to include as much pertinent information as possible and to make the report manageable. A detailed description of the terms used in the spreadsheet and in this report can be found in Attachment 3, Glossary. A brief review of these terms and descriptions will enable the reader to rapidly move through the spreadsheet and better understand the information. DISCUSSION Although development plans will change as the project moves forward, there are some existing constraints that will have an impact on the trees --specifically the grade changes from west to east. Currently, the plan is to add fill to the area and construct a retaining wall on the eastern edge of the proposed lots and the storm detention pond areas. This will require the removal of all of the trees in the area. Fortunately, the majority of the healthy trees are located in the stream buffer. The City of Renton "Tree Retention Worksheet" is included below as Attachment 4. CONCLUSIONS AND RECOMMENDATIONS Tree Replacement According to the Attachment 4, `free Retention Worksheet, 18 trees must be retained. Therefore, replacement at 12 inches per tree requires that 216 caliper inches of trees trust be replaced using a minimum of 2-inch caliper trees. Using a 3-inch replacement caliper this means that 72 trees must be replaced. As the landscape design is developed for the property a combination of deciduous and coniferous trees may want to be considered. Placement of the replacement trees will want to be carefully planned in advance to Provide the greatest opportunity for long-term survival. Specifically, it will be best if not too many trees are Iocated around the houses in a dense planting where the trees will not perform well and the new homeowners will not appreciate them. The areas around the storm detention pond and the stream buffer provide opportunities for long-term success in planting the trees. Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 99059 Gilles Consulting Amended June 3, 2008- Original Report April 18, 2008 Page 6 of 25 Tree Protection Measures In order for trees to survive the stresses placed upon them in the construction process, tree protection must be planned in advance of equipment arrival on site. If tree protection is not planned integral with the design and layout of the project, the trees will suffer needlessly and possibly die. With proper preparation, often costing little or nothing extra to the project budget, trees can survive and thrive after construction. This is critical for tree survival because damage prevention is the single most effective treatment for trees on construction sites. Once trees are damaged, the treatment options available are limited. The minimum Tree Protection Measures in Aitachment 5, `free Protection Measures are on three separate sheets that can be copied and introduced into all relevant documents such as site plans, permit applications and conditions of approval, and bid documents so that everyone involved is aware of the requirements. These Tree Protection Measures are intended to be generic in nature. They will need to be adjusted to the specific circumstances of your site that takes into account the location of improvements and the Iocations of the trees. WAIVER OF LIABILITY There are many conditions affecting a tree's health and stability, which may be present and cannot be ascertained, such as, root rot, previous or unexposed construction damage, internal cracks, stem rot and more which may be hidden. Changes in circumstances and conditions can also cause a rapid deterioration of a tree's health and stability. Adverse weather conditions can dramatically affect the health and safety of a tree in a very short amount of time. While I have used every reasonable means to examine these trees, this evaluation represents my opinion of the tree health at this point in time. These findings do not guarantee future safety nor are they predictions of future events. The tree evaluation consists of an external visual inspection of an individual tree's root flare, trunk, and canopy from the ground only unless otherwise specified. The inspection may also consist of taking trunk or root soundings for sound comparisons to aid the evaluator in determining the possible extent of decay within a tree. Soundings are only an aid to the evaluation process and do not replace the use of other more sophisticated diagnostic tools for determining the extent of decay within a tree. As conditions change, it is the responsibility of the property owners to schedule additional site visits by the necessary professionals to ensure that the long-term success of the project is ensured. It is the responsibility of the property owner to obtain all required permits from city, county, state, or federal agencies. It is the responsibility of the property owner to comply with all applicable laws, regulations, and permit conditions_ If there is a homeowners association, it is the responsibility of the property Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3, 2008, Origirwi Report April 19, 2009 Page 7 of 25 owner to comply with all Codes, Covenants, and Restrictions (CC&R's) that apply to tree pruning and tree removal. This tree evaluation is to be used to inform and guide the client in the management of their trees. This in no way implies that the evaluator is responsible for performing recommended actions or using other methods or tools to further determine the extent of internal tree problems without written authorization from the client_ Furthermore, the evaluator in no way holds that the opinions and recommendations are the only actions required to insure that the tree will not fail. A second opinion is recommended. The client shall hold the evaluator harmless for any and all injuries or damages incurred if the evaluator's recommendations are not followed or for acts of nature beyond the evaluator's reasonable expectations, such as severe winds, excessive rains, heavy snow loads, etc. This report and all attachments, enclosures, and references, are confidential and are for the use of the client concerned. They may not be reproduced, used in any way, or disseminated in any form without the prior consent of the client concerned and Gilles Consulting. Thank you for calling Gilles Consulting for your arboricultural needs. Sincerely, B Gilles, Co sult o 'st ISA Certified Arborist # PN-0260 ASCA Registered Consulting Arborist # RCA-41. SA PNW-ISA Certified Tree Risk Assessor 9148 ��'ist�� Cc: Michael Chen, Centre Pointe Consultants, Inc., P. S. Analysis of "frees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3, 2008, Original Report April 18, 2008 Page 8 of 25 ATTACHMENTS ATTACHMENT 1 - SITE PLAN.................................................................................... 9 ATTACHMENT 2 - TREE INVENTORY/CONDITIONS SPREADSHEET ................ 10 ATTACHMENT 3 - GLOSSARY................................................................................. 16 ATTACHMENT 4 - TREE RETENTION WOR ,SHEET ........ . ..... ...... ... ..................... 21 ATTACHMENT 5 - TREE PROTECTION MEASURES.-., - . ............... _ ..................... 22 SET 1/2- BAP E CAR _CEOD LS 415025` AT PROPERTY CORNEA C!-sAIIV Ll,al#C rb % rtPJLE FALL % 4. 1 ' N OF L 1Nk 0 WATER ??ETENTICN POND ,ET 112' -An 9 CAP "-9EGf,k LB' 4,1502^' I T PROPER T f G'iJ.n^NEP ,gin D L - � s JANI T ARY SE VE3 1 I Se MANHOLE rt-6 a ELEV. r 470.48 'In � no C i-POCi:E �. 0"'� w 1 RI;lf ELEV . w 470 - ,� ' L ,56' t:i�3€'f;i7lC�ii i. `•trC` E'fiir: April 18, 2008 Gilles Consulhna 14 "E 185.49 ' CALC ' D s_ A VEL DRIVEi�A�4 r c v-. =� BLDG. IT ENVELOPE ELOPE_ �s qq ,q! r ma's �Slg. , T . r O id 4 1 . fi . -q 30 ' lNIDE INGRESS. EGRESS AND UTILITIES EASEMENT PER DEED plirlsc ["Mile_ -1'13is site plan is to ill€istrale the JaC3tion ol'(lrc 11CC5 grid roads or}lt. The Propcwv lines for Lots 1. 5- and b hay c changed since 111is plan. 92. 2 ' F.F. 4 8LD[ ENVEU AREA 1, so. FT. 7GAL DESCRIPTION: SET 1;2" BAR & CAP 'GE -CD- Lam # 15025' OF THE SOUTH 165 FEET OF THE NORTH 825 FEET OF THE f - C ' E OF PROPERTY iRTER OF THE NCP =) :1 A-51 !, ARTER OF SECT.WN 10, r;€ RddER #ORT,�, RAtVGE 5 LAST. 4a.Lt.,4METTE MERItJIAN, IN KING ON LI#VE rmr-- m i V iF�f fit, 7`SFiL P OF THE EAST LINE OF^LOT,7n4, ATTACHMENT 2: SITE; BR0OKFIELD SHORT PLAT Date of Inspection: February 13 and April 1-2, 2008 TREE tNVENTORYICONDMON SPREADSHEET 1055 L yons Ave 4059 NI)a Ave NE, Renton, WA 98059 41 Tree Location: General location of Tree on the site.- _ _ 95 Dirt p line: The radius, the distance from the Trunk to the furthest branch ti s. Tree* Individual tree number. _ 06 LCR: Live Crown Ralia_-the amdlmt o1 Ive aari:l expressed as a %of the entire tree height S S mmetr : General shepa cf canopy and weight dinf t ribution off tree around tru the nk. — _912 43 __eras_:_ _ e!nr rnna:a IB FolJgge: General description of faiiage denalthat indrceles tree health Oil l'Agar. 6Cw1Pt F11ar.Crown CondRrom The most vitart external Indication of Tree health and vlpor S3LIWAm Ei,ni-cal rhapie, a:ermr3cronh:llc;n 016YTronk: Deserition of trunk condition or ebrmrmalilles it any. _ DFIPm l7nu ;'as Fir. I';clrrhxnr;a u:e..ne, oil Roos Collar: The base of the tree where the trunk flares into the toots-deform€ties or problems ere noted GFlA G,a� �a r,r. ab,cs q,omf,s #12 Recite. Root Problems arc noted here. ___ RAIAr Real Airier, Abw.S n,n_rn 913 Comments. Addttlonal observations about the trees condition. _ V Hlrh _ Vdesiern r Irmloc4 tsnrw nercrnc:,yi3� #14 Cugemt Health Rating_A doll lon of commit health ranging from dead dying haitardt por, sup ressad fair cad. ve good, to excellent �Idvea:r.,n IwRCRD ftfa t_'edor 015 Reeotomerafatforn THs Is an estimate of whether or not the tree Is of sufficient health, vigor, and strucrira that 7TIyvarth consideration of retention ty4:OEHr Trunk dlmmeferg4.5'ahaveaversge ground level. 1 2 3 4 5 T 6 7 $ 14 15 �Y _ TREE DRIP CRONT! R60T CURRENT HEALTH LOCATION TREE# SPECIES OSH LINE LCR SYMMETRY FOLIAGE CONDITION TRUNK COLLAR ROOTS COMMENTS RATING RECOMMENDATION Will riot survivo Ul and toed In Access mad 601 31-WAm_ 18,3" v - _ Dead branches In campy _ Fair _ construction - Remove In Access road 606 BLMIAm 123• Dead Broken out kink Fair Proposed for rem oval In Access toed 615 BLM fAm 20. d" r Deed branches In canopy. Located In proposed road. Poor Pm sedfor removal In Access road 1 660 VHfTh 19.6` 1 Center rot Baserul -_ Poor Pro osadforremovel �_. Will hot Survive till and road In Open space 602 DFIPm 35-2" _ _ _ 5 lcor_mic­Rrowth Goodl construction -Remove 17.0", Forked C 21 WO Pnare dead wood. Potontiol 13.5" & Inducted bancto West trunk dead and leering over neighbors near mck to Retain with Tree Protectlon In0 ens ace 603 BLMhkm 7.8" 40% Minoru met ABWASE Averse base NAI) Restricted retairingwalt Fair Measures __ Prune deed wood. Potential Forked @ 5', to Rataln *" Tree Protectlor. In Open space 604 BLMIAm 29.0" 60% Minor as mmel ABSIA56 Average apical NAD - Large ears below credo Dead hfanches in ceno Fair _ _ Measures . 14.4", Forked @ 3' & 2' a1.2", 8 �Alh included bark In Opens ace 605 Bill 10.0' S% - Me_lcr asymmetryPBSIPSE Weak _ to base Base rot Center rot. Dead bmnshes to ceno Dyirg7 Habitat ft 12' Potential to retain with Tree inwestern - BoWed� — Stream Buffer 764 BLM/Arr 19.1" 60% Minoresymmat Thin Weak Ty ical times Dead branches In Fair Protection meanaea. In weslern Generally _ Polenttal to retain with Tree Stream Buffer 765 N!HlTh 8.1" 75% Symmetrical Average Avers a StrelgM _ NAD - Growing out of nurse stump. PlstoE bolt base Fair Drotecton measures. in western Generally PutenDei to retain wish Tree Stream Buffer 767 WHrrh 3.5" 65% ' symmetrical Avere a Aver_ege brat M Exposed _ _ _Fair_ rolectlon measures. Polenral to retain wtth Trea in western I - Stream Buffer' 768 DFIPm 9.5"- 15% Minor asym met Avere a Straight NAD Fair protection measures In western Generally .._Thin _ Potential to retain with Tree Stream Buffer 770 Wrlrfh 7.6. 8.5% symmetical Avers a _Average T jcel NAD_ - Gr_ow_in_q out of nurse slum _ protection measures. Potential to retain with Tree in western _ _ _Good Stream Buffer 772 BLM1A_m_ 16.2 45% Minor asymmetry Averse Average Typlcak NAD _ Dead bmnches {n c_e_ nopy Fair protection measufea. In western Potential to retain with Tree Stream Buffer 774 BLMIAm 10.3" 45% Mlror esymmet T_hl_n_ Average Bowed NAD _ Fair prolectlonmeastres. Puientislin retain with Tree In western j Generally Stream Buffer 775 OFMm 41.C" 50_% symmetrical - Avera a StreE tit MAD rotedlon measures. in weslern �Generaly _Aver_ag_e �� �;upvressed �- _ _Good potential to reiein with Tree _stream Buffer 776 Vhiri'h 10_3' S0% syroil ce_I _ _ _Averse StraIg: NAD Felr protection measures. In western Generally potential to retain with Tree Stream BuneT 777 WHrrh 72.6"_ S5% smmetrical Dense Hes11h Straight NAD Good protection measures. In western Generally _ _ _. - Potential fo retain with Tree Sill Buffer 77a VMrih 25.2" 5556 symmetrical Dense I Health Straight NAD Good protection meastaes. in West Partleay Potenllel to retain with Tree Stream Buffer 779 WHrTh _ 20.0" St7°A Minor esymmal_ry Dense Health Slht ex used Gaod protectlati measWea. In western Generally Potenaei be retain with Tree tte Stream Bur 78o VMfTh 22.8" 50% 5 mmetdcal AvemgPT Avoid a Strel M NAD - _ Fair rotscllon measures. In western _ _ _ _ Potential to retain with Tree Stream Buffer 781 DFIPm 9.9" 5D% Mlnor asymmet Thin Weak Bowed NAD Center mt. Base rot Fair protection measures. in western --�- -"--- ---' —_ _...,._..__ `—'- PotentlaltarotainwhthTree Stream Buffer 782 W iT 10 V 50/ Minor as mmet Thin Avere a Stral tit MAD Forrotection meesWes. Gilles Consul Page 10 of 27 ATTACHIXENT 2c SITE. 13R00KF1E1.0 SHORT PLA T Dale of Inspeatlon: February 13 and April 1-2, 2048 TREE frJVENTORYlCOND11TION SPREADSHEET 1055 Lyons Ave 1059 Nile Ave NE, Renton, WA 98069 1 2 3 4 5 6 7 8 iD 12 13TREE DRIPC i11 _ RDDT CURRENLOCATION TREEifSPCIE5DBH LINE LCR SYMMETRY FOLIAGE COTRUNK COLLAR ROOT5 COMMENTS RATING RECOMMENDATION in western Stream Buffer 716 in western Stream Buffer 784 DFfPm I 40.8" - OFIPm 47.2" Generall Y 5D% 5 m_metrical Dense _ F Generale Y 55%symmetdca! Thin HeaNh Stral M _ Weak Straight - Good_ . UnusueVhuN swat Fair Patental to retain with Tree prolectlonmeawMs. -- Potential to retain with Tree protection measures. _NAD NAD_ - _ Inwestem -- _ _ Genera ky _ _.�.._.� Pretrial to retain with Tree Stream B.Ater 785 in Western Buffer 786 LVHfih 15.3" DI'll 34.1" 65%_ symmelricel Average _ Generally 56% symmetrica! Average Average Streight Straight NA❑ - NAD - Goad Fair protection measures. Potential to retain with Tree measures. _Stream in western Stream Butter 787 In western Stream Buffer 7" in western _Stream BMer ?90 _ Generally 05% symmetrical Average Genem:ly 90 ,6 symmetrical Average Generally 65% -symmetrical TNn -Average _ _ Average__ Strai tit Heeflhy��5rmight Suppressed Serpentine _ _ , _ NAD_ - partially ex osed = Partially� exposed - ____ __ Fair _, Naar tin doe. Very rind Ncar bridge. _ Fair prolectlon Potential in retain with Tree protedlonmeesues. Potential to relain with Tree proted,on measures. Potential to relain'xllh Tree protection measures. Vhl1Th ; 13.2" WHITh 21.9" 18, WS irrb 8.4" 9' in western Generally Potential to retain with Tree Stream Butter 751 In western Stream Butter 793 DFIPm 8.2" 8' WHRin21.0" 14' -55%, symmetrical _ _ __ Thin 60% Minor asymmetry _ Average Su ressed_ Strad Average Bowed NAD - NAD - -_, Fair Falr _ protedlon measures, Potenlfal to relair 'Mth Tree proledion measures. In western Stream Buffer _ 794 in western Stream Buffer 795 WHITh 8.7. 6' -- WH1Th 20.4" 14, 40% Minor asymm_et_ry_ Thin 75% Minor asymmetry) Average 8u _r_es_sed Slrei M Avamp Straight Bowed ((. base _ Pamally a%posed_ - _ _dal mfeslelion on_frurdc Pocr-Suppressed '. Good PoteMlal to retain w;th Tree protedloh measures_ Potenliel to retain-wtth7ree protection measures. in western Stream Buffer 796 WHfTh 16_d" 11' 60% Minor asymmetry Average 35% Minor psymri Averse Geperally ..40% ' symmetrical Dense 40% Major asymmetry E_ _ Avers Streight Regeneration 'xeak Slightly serpenllne kentry Straight _ Weak Bowed 8leans NE Regeneration Partially ex osed - NA'] - NAD .._ - NAD = __- _ _ _ _ _ _ �f Potential to retain with Tree Fal' proledion measures. Potential to retain with Tree Fair projection m ensures. Potential to re air with Tree rk pn ping ba_ Woodpecker activity . Fruiting bgdi_es Goad protedlon measures. _ Potential to retain with Tree Dead branches in canopy _ , _ Fair protedlon measures. Potential to retain with Tree in western Strcan ,r in western Stream 9�tter in western Stream Buffer in western L 197 ` 798 , 799 _ Main DFIPm BLWAm to.8" 8' 42,5" 18' 16__2' . 1 G Strc_ am Buffer 800 DFlPm 21,0" . 14' 50% Minor as�metr_y- a �Avera averege Serpentine NAD - Far protedlon measures.o en western Buffer801 ❑FIPm 39.1" 26' Ceperal y I 60k symmetrical _ 55 ti sG er ly Avers e _ 40% Major esym �etry Re eneration hen Straight gtream Reaveregeion Farketl 2p _ _ Deed .._ Gunter rat N Possible ho'A❑ - se rot - -_ Base rot Potential to relain wdh Tree Woodpecker acthty. Easy bark beeNe �nfastelion Good prolal t or measures. Potenliel to retain uilh Tree ___ __ Fafr aSureS. Poor Allow to lei info stream buffer to stream tern 8D2 DFIPm 10- __DFIPm 9' _ we Bufer Stream 803 _ in western ,12.9" Generall--Thin Poterlfa retain with Tree Stream Buffer 804 ❑FIPm 21.0 14 l 69% symmetrical Average_ Bro Average ken out Kinked @ 80%, NAD l Early bark beetle inlestaton Fair .._ protect, on measures. in western Stream Buller 805 _.__OFIPm 44.3" 22' Generally 65% symmefrlcal _Average Generally 65% sy_mmetrical Average _ Regeneration serpentine above, averane - stre�ht below Average BoweA ,9] base NAD - i - Partially Potential to retain with Tree .,. _ Good ratadjures. '- Potential to retain with Tree Good protection measures_ Potential to retain with Tree In western Stream Buffer 806 VhlfTh 8.6" in western 9' Stream Buller 807 CFIPm 10.9" 12` 75% Minor &Symmetry Avera a Average Serneritine a asetl - Goou 4rntecilon measures. in western Stream Buffer 8D8 WRC1Tp 16A" in wes'em Scream Bufer 809 CFIPm R.9" 14' 9' Genereily 95% symmetrical Average 60% kiinorasymmdry Thin - HeaNF Stra�hl Averse Sirelght Partially exposed,- _ - NA❑ _ _ Pnlerlial to retain with Tree _ .,_ - Fair _-. proted on measures, Palenlfal to relain with Tree F81f protedlon measures. In western Bowed @ Potential to retain with Tree Stream Buffet' 810 BLMIAm Si.9" 12' 45% Minor asymmetry_ PBSIPSE Weak 5erperAine base - Falr protection measures. in western 18.0. Stream Buster 812 BLMfAm_ 32.0" —. _...__. - 24' 45% Minor asymmetry ABSIASE Avera a Center rat Base rot �, - - - Potential to retain with Tree large stung sprouts, Dead branches in canopy Fail - ._ prole dlon measures. _- .._ ..T 70% ____ Minorasmmehy ABSIASE Week ..--__ _ Carrierst in western Stream Buffer 814 BLM1Am 10.1" to, Base rot Vertical crack on the west side from base up 10 feet. Potential to retain with Tree farpe_nter -_. infestation. tears east over creek Poor protedlon meaYath _ in tern Stream Butter 815 BLMIAm 5-6" _ 11 14' 30% Metor asy m PBSIPSE -Generall -- __..__ __ Weak Forked rinse _ exposed - PNAI71 - scull- property T Near property Ina fence . Dead branches In Potential to retain with Tree �. -..._- _-.... _c_ano py. _ _ FaV praledion measues in wes:arn wesBuffer Potential to retain With Tree I 816_ _ CFIPm B 0"& St" 14' 60 h s mmatri_ el _- Avera a HeaN_hy Strai hi Fenu e gro+Mng into bark wM sap f1aW Fair protection measures. i n western Bowed Pcterllai to rNain with Tree Stream Suffer . 817 ❑FIPm 8.1" 9' 40% Me or as mmct Thin Broken out Strai ht base Fair pro action meesurcs. Gilles Consulting Pagel 1 of 27 ATTACNMENT2: SITE: SR00KFfEL0 SNORT FLAT pate of Inspection February 13 and April 1-2, 2008 TREE eNVENTORYICONOfTTON SPREADSHEET 1055 Lyons Ave f059 Wife Ave NE, Renton, WA 98059 1 2 9 d 5 6 7 8 9 18 it iZ 13 14 15 --_..._ - —._ _--_�__ TREE ()RIP, CROYVN ROOT CURRENT HEALTH LOCATION TREE it SPECIES DISH LINE LCR SYMMETRY FOLIAGE CONDITION TRUNK COLLAR ROOTS COMMENTS RATING RECOMMENDATION in western - Potential to retain with Tree 5trean Buffer 818 _CFIPm 8.3" y 45% Major esym metry iMn _ au_ppr_e_ssetl 8_ow_etl NA��� Fair Protection measures. In westem Potential to retain with Tree Stream Butter - _a19_ DF1Pm 10, 9" 10' 40% Minorasymmetry Thin Suppressed Bowed NAD = Fair protection measures, in western Generally Polenlisl to retain with Tree Stream N.fffer 8R1 BLM1AM 18 3" —lb,-- 45% symmetrical ABSIASE Health T idol NAD - Verticel cra k on west Side from base up 4.5 feet. Fair protect on measures. in western Potential to retain With Tree Stream Buffet 822 BLM_IAm 9.0" 9' 45% Major asymmetry, ABSIASE _ A_v_era_ge _ _ Typical NAD. - Open wound on south side al 4 feel v ilh rot Fair _ pro Potent measues._ - in western _ Bowed Potential to retain wllh Tree Stream Buffer _ _8_23 BLM1Am 6.9" 9' 40`Ya Ma i mme`.Y ABSIASE Suppressed T�picaf base Fair protection measures. in western - Potential to retain with Tree Stream Buller 825 ❑FIPm 9.0" 8' W_% Minorasymmetry) _ ThinBroken out Sere erRi_re NA7 - _ _ _ __.Fairprotection Measures. in western - Generally - -� Potential to retain with Tree Stream Buffer d28 BLWAm 9.6° 17 40°6 symmetrical: ABSfASE _ _Avel _ Typical NAB Fair till measures. In western --..—.. p -. __ - - -�— y y Regeneration - - ---...- - _ Patenllel t .._ . _ -.__s. iR wes'em Generally III Potential to retain whh Tree Stream B.Ab'r 831 ❑Flpm 10 d" 10' 30% s mmelrical Thin I S ressed 3emenline NAD Fair prateot�on measures. a relein wllh Tree Stream Buffer $32 BLMIAm 6.3" 14' 45% _Minorasymmetry ABSIASEaverage T idol NRD _ Fair. protection measures. In western Potential to retain with Tree Stream Buffer 933 BLMfAm 6.5" IV 45% Me'or es Tnrl .4851ASE Weak TyptcaE WAD _ _ _ Fair protection measures. In western �� Regenerstlon Fiertialty' Potential to retain with Tree Stream Buffer 63q BLM!_Am 13.5" 14' 45% Minor asymmetry I ABSfASF avara o Bowed & base exposed Fair Protedlon measures. in western �. Generally li egeneraiion papially I Potei•.11al to retain with Tree Stream Buffer 835 BLM)Am 12.4" 14' 45% s)iron onelriael ,ABSIASE average Bowed V base exposed - Hanger _ _ Fair protection measures. in western 8.0" 8 - Regeneration Leans east 0 45' Partially - W _ Potentlel to retain with Tree Stream Differ 939 BLMIA_m 4,9" 15' 60% Major a�mme� ABSIASE week angle —failed _ Part_iaRyfailed Poor proledlonmeasures. in wes:em Regenentlnn Pnleitlal to retain with Tree Stream Buffer. 639 BLMIAm 14 6' 8'_ _35_% Majarasymmetry ABSIASE weak I Tylticall NAD - _ Fair pru(edlon measures. Lott 667 VVRC/Tp 362" _ - - Average Average Fair Proposed for removal Lot 2 668 WRCITp _ - 63'• Avefa a Average Suppressed Fair Proposed For removal Partially _. _.. - Lot 3 669 BLMIAm 6 0" exposed Rot pr,&els. 5uppressed Poor Proposed for removal Lot3_-_ 670 V1H)Th 16.1" .._ _ - ❑ead _Dead _Prngosed for removat Lot 3 671 BLWAm 20.0" Major asymmetry - Rol pockets. Dead branches in canopy Fair Proposed for removal Lol 3 672 BLMfAm 8.7" Major asymmet _ - - Dead branches In canopy Fplr _ _ Proposed for removal Lot 3 fi73 8LM1Am 7,'_" Major asymmetry SlralgM _ _ _ Fair Prpposed far removal_ _ _._._.._. _ __ clump Generally i Forked @ 18" & -. __-__- -- - Lot 3 666 1 BLMIAm of7 - - symmetrice[_ _Average Average 32" DIA: 2.1 inc_h_es to 9.2 inches Fair Proposed -,for removal G enera ly Lot 3 E87 WHfTh 7.5" symmehical ❑ense Healthy _ - Good _ Proposed for removal clump Dead branches in canopy. DIA: 4.1 incP.eS to 146 Lot 3 688 BLMWm of 5— Major asymmetry Carder rot dose rot inches Poor Proposed lot removal Lot 3 669 BLMlAm 7.2' Major asymmetry _ _ Forked 4pse - ., _ Dead branches In canopy _ _ _ Fair Proposed for removal Lo13 590 BLMlAm 9, 1" •Mail asymmetry _ - Fair Proposed_ for removal Lo13 697 BLMIAm - 3.5" _ Average Average - Forks have spilt Dyln9 Proposed for removal Genera iy L01:4 661 BLMIAm 12,8" symmetrical ❑ense Healthy - Good Proposed for rem oval Lot 4 663 BLM)Am _ 9,9" 1 Major asymmetry _ IIfoken out = Dead branches in curici Poor Proposed for removal - Lot s 633 CFIPm 31-V Epidermic urQw11h Weak Leans north Fair Proposed for removal Lal 5 634 BLMIAm 8.2' Storm damage Poor Proposed for removal LolS __ 635_ 1 Hgh 1S 85% Dansa Heaflh Straight_ - -_ - very good Pr�ased for removal _ Lots 836 BLMiAm 150" T Bowed base Deed branches in carol Poor Proposed for rem oval .. - ------ _--......—.__ ba -._ �.--.. LntS fi40 BLMIAm 6,3" ABSIASE Average _ Fekr Proposed for rem oval Lot 5 641 BLM1Am 7.0" ABSIASP 8foken out _ _ - Fair Proposed tar removal _ LotS 642 WHffh 28.0" Weak Si MleanNW - Fair Prop osedfor remalrel Generally Lot 5 _ _6d3 DF!_Pm 38.8" 509b s mmetrlcel T Dense Heatth� _ _ _ _ _ - Fair __ _ Proposed for removal Lo15BLM1Am 6.4" PBSIPSE Su ressed - Poor Proposed for removal GNles Consu ling Page 12 of 27 ATTACHMENT 2: SJTE., BROOKFIELD SNORT PLAT Date of Inspection: February13 and April 1"2, 2006 TREE INVENTORY/CONAfTION SPREAASHEET 1055 Lyons A yr 1059 Nile A Ve NE, Rertforl, WA 96059 SPECIES ..4 r_._. RIP. i . 6 DRIP '', I iF LCR _ _ ... 7..._--.. - SYMMETRY .___.. _..._..5..._.....__ ._— FOLIAGE 9_ 11 12 13 14 is TREE LOCATION TREE CROWN CONDITION .. _10 TRUNK ROOT COLLAR ROOTS COMMENTS CURRENTHEALTH 1 4a RECOMMENDATION Lot 646 Lot 647 Lot 5 548 Lots 649 BLi 11.8" WHfrh 1G.3" VkFHfrh 21-5" WHrrh 8,3" Generally symmetrical -_— Al Avera a Dense --..._._.....__ Weak Serpentine_ AveraQa _ Serpentine- Heahh Straight Broken eN 19" Heall Broken out __Cenlerra! Broken oat - - - - - . i Suppressed Stone damage Fair Fair Fah Dying Good Poor Poor Proposed for rem oval Proposetl for rem avak Proposed for removal Proposed for removal Proposed for removal Proposed for rem oval Proposed for removal Lal 5 Lots 65G 6511 DFIPm DAPm atl IAnn 35.0" 55" 12.5" Generally 50% symmetrical Dense Malorasymmetry-. _ Thin Major asymmetry Lot 5 G52 Lot _� -_653 _ _ WHfrh— 12.4" Major asymmetry Thin Broken out Poor _ Proposed_}or rem ova! Lot 5 654 1 27.1" 45% Mmor asymmetry Mpor as'mmo: Eplcarmic growth Dense Average Straight - Falr Promo ased for removal Lai 655 VMJ`Th 24, 1" - i Vtry_good Veryand Proposed for removal Lot 6 607 _ Vil wl fT _3B-6^ 20 .5". _ _ _ - Dense Proposed for removal Loth 608 _9_54_U__ _ _ _ Dead Proposed far removal - Loth 609 ❑FfPm 18.4" 30".6 Thin Fair Good , Proposed for removal Prop used for removal Proposed for removal Lot -WH1Th_ Dril _168" 6.5" Lot _610 Bii P out - suppressed Lot fi 612 WHITh 13, 1" Fair Proposed for removal Lot 613 DF1Pm 11.0" 15%I - Poor -Suppressed Proposed for removal Lot 6 G14 'MITh 26 6' Exposed Top broken our. Bowed f base- Poor _ Proposed for removal Lot 6 617 _-❑F/Pm G Am 12.11 T 5"" 5.9. __...... I - Thin - Fair Proposed far removal -. Proposed for removal Lot 5 020 _— AB5IASF Average Vertical crack on trunk Fair Loth Loth 621 BLI 21 Vertical crack in trunk Fair Proposed for rem oval 622 Hil 112-2" 1)F1Pm 31.2" ABSIASE I Average Fair _ Propose d for removal - - Proposed for removal Lot 6 626 1 ❑ease Dense Heatlhy_ _ _ HeaBhy - Svaiq_ht - Straight Po55ible root rot Fair Lot6 626 DRI 422" 1 Passible Iiase rot - �- Deformed hark at base, Fair Proposed for removal Lots 1 R. 2 710- _ Lots 1&2 720 BLMIAm 7,8" - Dying Goad Proposed for removal - ❑FlPrA 233" Generally symmetrical Average _. Average Average Average Avera r, _ - Proposed for rem oval Proposed for removal Lots 1 & 2 Lots 1 & 2 Lots1&2 722 BLMlAm clump of 5 Finned P 18"_ Diameters range from 1.7 inches to 81 note Fair 726 727 HLl 6.9" _ Fair ❑ying Good ❑ead branches In conapyJ Falr. Fair Fair Proposed for removal BLM IAm 6A" _ Minor asymmetry Msior asymmetry Hinckrded _ Meter asymmetry Genera ly symmetriaal i Mafar asymmetry " Average iQead Average Average Forked a 55'wlth bark down 58" - - - Prop osedfarremoviii Proposed for removal Proposed for removal Proposed for removal Proposed Porremova! Proposed for removal Lots 1 & 2 728 Lots i & 2 729 Lots 1 ffi 2 730 La's 1 & 2 731 Storm Pand I 662 Storm Pores! 676 Sloan Pond 677 Stone Pond G80 682 WHfrh 13.31' 6LMIAm 17.2" BLM1Am 11,0" 8LM7Am 32,6" BLMlAm 9.8" WHITh 345^'. DFfPm 13.81, GFfPm 14.8 BLMfAm 8-6" BLM7Am 18.8" Average Average _ _ _ _ _ -_ Dead branches in canopy Fal, Good _ Proposed for removal _Thin Suppressed Suppressed Center rat SerOenliino - Bese rot - Poor Proposed for removal - Fair Proposed for removal Fair Proposed for removal LSI.-I.nd 683 Minor asymmrr�' - Fair Proposed for removal Proposed for removal 685 WHfrh Iisymmetrical Generally684 I Average Average - 1 foot south of Lot 3 pin Good WRC'Tp Al M1Am 9.5" 27.5" symmelrlce! Deree Heath - Gooc Proposed for removal 736 A851.ASE Avera e T ical Dying Pro osed for removal Gilles ConsrMing Page 13 of 27 AT7'ACHMENT 2: SITE; BROOKFIELD SNORT PLAT Dale of lnwtetiam February 13 and All 1-2, 20cs TREE 1NVEMTORYIC0ffDJ`1l SPREADSHEET 1055 Lyons Ave 1059 Nife Ave ME, Renton, WA 98059 i 2 3 4 5 6 7 8 9 10 11 12 13 14 TREE DRIP ---CROWN ROOT - - _ CURRENT HEALTH LOCATION TREE# SPECIES O9H LINE LCR SYMMETRY FOLIAGF CON4RION TRUNK COLLAR ROOTS COMMENTS RATMt3 RECOMMENDATION Generally Storm Pand 738 OFIPm. 15.0" 65% s ntmetrical Average Average _Straight__ - _ G_oo_d__ Proposed for removal Broken oat StowPand 739 CFfPm 8.5" 15% ilvn 38' Regale relion fair Serpentine, Center rot Base rot - Dead D n Proposed for removal Proposed for removal Pond 740 pFlpm 7.5" _Stone Storm Pond 742 OF1Pm 13.8" 35% _ _ _ Average Broken out Center rot Base rot _ _ Fear _ Pro osed for rem oval Storm Pond 744 DFfPm 12,31, FBSfPSE Bowed base Base rot ugl'.t how ar R eoent root cutting Poor Proposetl for removal Stone Pand 745 DF1Pm 14.8" -00°6 Average_ ..—._.__.._._ -_-... Broken out base - --- -Fair Proposed for rem oval Poase SlormPand 746 -- Ol 13,81, 50% -- ABSIASE base rot Poor Proposed for removal - - _ Regeieratlon _ _ _ _ Stone Pond 1 747 - ❑FIPm 17.V Avol Cenerally aveage Slight lean east - Fair Proposed for removal Pulenlial to retain with Tree Stone Poml 750 DFlpm 138" 559k, symmetrical Oeree HeeRhy Serpentine - Fair proteMlon meesurcs. Pntenll"I to retain with Tree Storm POnfl 751_ �_GFlA 16.5" 5% Major asymmetry Average Weak - _ - Fair prolsctlon measures, - Generally Potential to ralainwilh Tree Sloan Pond 753 ELM/Am 21?" 60% symmemca! ABSIASE Averags Tvpica! - Dead branches locenopy Fair proleciion measures. Rogeneratlon __ - Potenhel to retain with Tree Storm Pond 754 CFfPm 14.8' 154E Mlnar Asymmetry Average average Center rot Base rot - Poo ping hark, Kinked 18 inches Poor _ protection measures. Potential to retain with Tree Storm Pond 755 OFlpm 14.3" 40% Minorasymmeiry ABSIASE - Fair protection measures. Regeneration - Potential to retain with Tree Steen Pond 756 BLMIAm 15.0" - 75% Minor asymmetry Generally nor Dead bfanchas in c"no y Fair protect on measures. Potential to retain n ith Tree Storm .Pand ..__... _.._._ 757 DFlPm 15.4" symmetrical _ A_verage _ Average Kinked 35' - _ - Fair protection measures. Potential to retain with Tree Stomt Pond 758 ❑>=1pm 113.5" 102" 45% 1 35% Th'm _ Average Generally SuppressedCenlerrot Ave ra o S?raight - N_AD- Poor Fair prole$ion measures. Potenga{ to rear. with Tree pratedlon measures. Potential to retain with Tree Starm PoMI 759 $loan Pand 761 DF Pm 11.4" symmef cal L Ave age _�_ Average Serpentine Far protect. on measures. Gilles Consulting Page 14 of 27 ATTACHMENT2: SIM BROOKFIELD SHORTPLAr Dale of Inspection', February 13 and April 1.2, 2008 TREE 1NVENTORY/1CONOlTfON SPREADSHEET 1055 Lyons Ave 1059 Nile Ave Ni Renton, WA 98059 _ 1 2 _3 13 � 14 1S [LOCATION TREE# SPECIES DBH TREE DRIP LWE LCR , CROWN COLLAR R69TS v CURRENT HEALTH SYMMETRY FOLIAGE CONDITION TRUNK COMMENTS RATING RECOMMENDATION Gilles Consulting Page 15 of 27 Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3. 2008, Original Report April 18, 2008 Page 16 of 25 ATTACHMENT 3 - GLOSSARY Terms Used in This Report, on the Tree Condition 1 Inventory Spreadsheet, and Their Significance In an effort to clearly present the information for each tree in a manner that facilitates the reader's ability to understand the conclusions I have drawn for each tree, I have collected the information onto a spreadsheet format. This spreadsheet was developed by Gilles Consulting based upon the Hazard Tree Evaluation Form from the book, The Evaluation of Hazard Trees in Urban Areas, by Matheney and Clarke. The descriptions were left brief on the spreadsheet in an effort to include as much pertinent information as possible, to make the report manageable, and, to not bore the reader with infinite levels of detail_ A review of these terms and descriptions will allow the reader to rapidly move through the report and understand the information. 1) TREE LOCATION --Indicates what general area of the site the tree is on, or whether the tree is Off the Project property. 2) TREE #-the individual number of each tree. 3) SPECIES —this describes the species of each tree with both most readily accepted common name and the officially accepted scientific name. 4) DBH----Diameter Breast Height. This is the standard measurement of trees taken at 4.5 feet above the average ground level of the tree base. i) Occasionally it is not practical to measure a tree at 4.5 feet above the ground. The most representative area of the trunk near 4.5 feet is then measured and noted on the spreadsheet. For instance, a tree that forks at 4.5 feet can have an unusually large swelling at that point. The measurement is taken below the swelling and noted as, `28.4" at 36"'. ii) Trees with multiple stems are listed as a "clump of x," with x being the number of trunks in the clump. Measurements may be given as an average of all the trunks, or individual measurements for each trunk may be listed. (1) Every effort is made to distinguish between a single tree with multiple stems and several trees growing close together at the bases. 5) DRIP LINE —The radius, the distance from the trunk to the furthest branch tips. 6) % LCR—Percentage of Live Crown Ratio. The relative proportion of green crown to overall tree height. This is an important indication of a tree's health. if a tree has a high percentage of Live Crown Ratio, it is likely producing enough photosynthetic activity to support the tree. If a tree has less than 30 to 40% LCR it can create a shortage of needed energy and can indicate poor health and vigor. 7) SYMMETRY —is the description of the form of the canopy. That is, the balance or overall shape of the canopy and crown_ This is the place I list any major defects in the tree shape —does the tree have all its foliage on one side or in one unusual area. Symmetry can be important if there are additional defects in the tree such as rot Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3, 2009, Original Report April 18, 2008 Page 17 of 25 pockets, cracks, loose roots, weak crown etc. Symmetry is generally categorized as Generally Symmetrical, Minor Asymmetry or Major Asymmetry: i) Gen. Sim. —Generally Symmetrical. The canopy/foliage is generally even on all sides with spacing of scaffold branches typical for the species, both vertically and radially. ii) Min. Asym.—Minor Asymmetry. The canopy/foliage has a slightly irregular shape with more weight on one side but appears to be no problem for the tree_ iii) Maj. learn. —Major Asymmetry. The canopy/foliage has a highly irregular shape for the species with the majority of the weight on one side of the tree. This can have a significant impact on the tree's stability, health and hazard potential —especially if other defects are noted such as cracks, rot, root defects. 8) FOLIAGE/BRANCH—describes the foliage of the tree in relation to a perfect specimen of that particular species, First the branch growth and foliage density is described, and then any signs or symptoms of stress and/or disease are noted. The condition of the foliage, or the branches and buds for deciduous trees in the dormant season, are important indications of a tree's health and vigor. i) For Deciduous trees in the dormant season- (1) The structure of the tree is visible, (2) The quantity and quality of buds indicates health, and is described as good bud set, average bud set, or poor bud set. These are abbreviated in the spreadsheet as: gbs, abs, or pbs. (3) The amount of annual shoot elongation is visible and is another major indication of tree health and vigor. This is described as. - a) F,xcellent, Good, Average, or Short Shoot Elongation. These are abbreviated in the spreadsheet as ESE, GSE, ASE, OR SSE. ii) For evergreen trees year round and deciduous trees in leaf, the color and density of the foliage indicates if the tree is healthy or stressed, or if an insect infestation, a bacterial, fungal, or viral infection is present. Foliage is categorized on a scale from: (1) Dense —extremely thick foliage, an indication of healthy vigorous growth, (2) Good —thick foliage, thicker than average for the species, (3) Normal/Average—thick foliage, average for the species, an indication of healthy growth, (4) Thin or Thinning —needles and leaves becoming less dense so that sunlight readily passes through; an indication that the tree is under serious stress that could impact the long-term survivability and safety of the tree, (5) Sparse —few leaves or needles on the twigs, an indication that the tree is under extreme stress and could indicate the future death of the tree (6) Necrosis —the presence of dead twigs and branchlets. This is another significant indication of tree health_ A few dead twigs and branches Analysis of Trees for the Brookfield Short Plat I055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3. 2008, Original Report April 18. 2008 Page 18 of 25 are reasonably typical in most trees of size. However, if there are dead twigs and branchlets all over a certain portion of the tree, or all over the tree, these are indications of stress or attack that can have an impact on the tree's long-term health. (7) Hangers —A term to describe a large branch or limb that has broken off but is still hanging up in the tree. "These can be particularly dangerous in adverse weather conditions. 9) CROWN CONDITION —the crown is uppermost portion of the tree, generally considered the top 10 to 20% of the canopy or that part of the canopy above the main trunk in deciduous trees and above the secondary bark in evergreen trees. t) The condition of the tree's crown is a reflection of the overall health and vigor of the entire tree. The crown is one of the first places a tree will demonstrate stress and pathogenic attack such as root rot. ii) If the Crown Condition is healthy and strong, this is a good sign. If the crown condition is weak, broken out, or shows other signs of decline, it is an indication that the tree is under stress. It is such an important indication of health and vigor that this is the first place a trained forester or arborist looks to begin the evaluation of a tree. Current research reveals that, by the time trees with root rot show significant signs of decline in the crown, fully 50% or more of the roots have already rotted away. Crown Condition can be described as: (1) Healthy Crown —exceptional growth for the species. (2) Average Crown --typical for the species. (3) Weak Crown thin spindly growth with thin or sparse needles. (4) Flagging Crown —describes a tree crown that is weak and unable to grow straight up. (5) Dying Crown —describes obvious decline that is nearing death. (6) Dead Crown —the crown has died due to pathological or physical injury. The tree is considered to have significant stress and/or weakness if the crown is dead. (7) Broken outa formerly weak crown condition that has been broken off by adverse weather conditions or other mechanical means- (8) Regenerated or Regenerating —formerly broken out crowns that are now growing back, Regenerating crowns may appear healthy, average, or weak and indicate current health of the tree. (9) Suppressed —a term used to describe poor condition of an entire tree or just the crown. Suppressed crowns are those that are entirely below the general level of the canopy of surrounding trees which receive no direct sunlight. They are generally in poor health and vigor. Suppressed trees are generally trees that are smaller and growing in the shade of larger trees around them. They generally have thin or sparse needles, weak or missing crowns, are prone to insect attack as well as bacteria] and fungal infections. Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3, 2008, Original Report April 18, 2009 Page 19 of 2 10) TRUNK this is the area to note any defects that can have an impact on the tree's stability or hazard potential. Typical things noted are: i) FORKED —bifurcation of branches or trunks that often occur at a narrow angle. ii) INCLUDED BARK —a pattern of development at branch or trunk junctions where bark is turned inward rather than pushed out. This can be a serious structural defect in a tree that can and often does lead to failure of one or more of the branches or trunks especially during severe adverse weather conditions. iii) EPICORTNEC GROWTH —this is generally seen as dense thick growth near the trunk of a tree. Although this looks like a healthy condition, it is in fact the opposite. Trees with Epicormic Growth have used their reserve stores of energy in a last ditch effort to produce enough additional photosynthetic surface area to produce more sugars, starches and carbohydrates to support the continued growth of the tree. Generally speaking, when conifers in the Pacific Northwest exhibit heavy amounts of Epicormic Growth, they are not producing enough food to support their current mass and are already in serious decline. iv) fNTERNAL STRUCTURAL WEAKNESS —a physical characteristic of the tree trunk, such as a kink, crack, rot pocket, or rot column that predisposes the tree trunk to failure at the point of greatest weakness. v) BOWED —a gradual curve of the trunk. This can indicate an Internal Structural Weakness or an overall weak tree. It can also indicate slow movement of soils or historic damage of the tree that has been corrected by the curved growth. vi) KINKED —a sharp angle in the tree trunk that indicates that the normal growth pattern is disrupted, Generally this means that the internal fibers and annual rings are weaker than straight trunks and prone to failure, especially in adverse weather conditions. vii) GROUND FLOWER —an area of deformed bark near the base of a tree trunk that indicates long-term root rot. 11) ROOT COLLAR —this is the area where the trunk enters the soil and the buttress roots flare out away from the trunk into the soil. It is here that signs of rot, decay, insect infestation, fungal or bacterial infection are noted. NAD stands for No Apparent Defects, 12) ROOTS —any abnormalities such as girdling roots, roots that wrap around the tree itself that strangle the cambium layer and kill the tree, are noted here. 13) COMMENTS —this is the area to note any additional information that would not fit in the previous boxes or attributes about the tree that have bearing on the health and structure of the tree. 14) CURRENT HEALTH RATING —A description of the tree's general health ranging from dead, dying, poor, senescent, suppressed, fair, good, very good, to excellent. 15) RECOMMENDATION this is an estimate of whether or not the tree is off sufficient health, vigor, and structure that it is worth consideration of retention. Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles consulting Amended June 3, 2008, Original Report April 18, 2008 Page 20 of 25 NOTE: TREES WITH THE SAME DESCRIPTION AND DIFFERENT RATINGS: Two trees may have the same descriptions in the matrix boxes, one may be marked "Significant," while another may be marked "Non -Significant." The difference is in the degree of the description --early "necrosis' versus advanced "necrosis" for instance. Another example is center rot or base rot. In a Western Red Cedar tree the presence of low or even moderate rot is not significant and does not diminish the strength of the tree. However, low levels of rot in the base of a Douglas Fir tree in an area known to have virulent pathogens present is highly significant and predisposes that tree to windthrow. Again, these descriptions were left brief in an effort to include as much pertinent information as possible, to mare the report manageable, and, not to bore the reader with infinite levels of detail. Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3, 2008, Original Report April 18, 2009 Page 21 of 25 ATTACHMENT 4 -- TREE RETENTION WORKSHEET City of Renton TREE RETENTION WORKSHEET 1. Total number of trees over 6° in diameter' on project site: I . f trees 2. Dedueiions: Certain trees are excluded from the retention calculation- Trees that are dead, diseased or dangerous2 dh' trees Trees in proposed public streets » trees Trees in proposed private access easementsitracts / trees Trees in critical areas and buffers trees Total nu, b-or of excluded trees_ 17 2. ; }R trees 3_ Subtract line 2 from line 1: 3. trees 4. Next, to determine thenumber of trees that must be retainecf4, muitipiy line j by: 0.3 in zones RC, R-1, R-4, or R-8 01 in ail other residential zones 4�1Zr. x 0,05 in all commercial and indusiriai zones 4. _If trees 5. List the number of 6" or larger trees that you are proposings to retain`': 5. 0 trees 6_ Subtract line 5 from line 4 for trees to be replaced: 6, (it Ime 8 Is less than zero, stop here. No replacement trees are required). 119 trees 7. Multiply fine 6 by 12" for number of required replacement inches- 7, r' 7. 2inches 8. Proposed size of trees to ireet additional planting requirement: (Minimum 2" caliper trees required) f, s $. inches per tree 9. Divide fine 7 by line 8 for number of replacement trees6: (if remainder is .5 or greater, round up to the next whole number) 9. trees Measured at chest height. ' Cead, diseased or dangerous trees must be certified as such by a forester, registered landscape architect• or certified ar hunst. and approved hythe City Cntical Areas, such as wetlands, streams, tloodplains and protected slopes, are defined in section 4-3-,056 of the Renton Municipal Code (RMC). Count onlythase trees In be retainee outsi.'e areas and bu—ners. The City May require modification of the tree retention plan to ensure retention of the inaximurn numbef of trees per RMC 411-13OH7a Inches or street trees, inches of trees added to critical areaWbuKsrz, and inches of trees retained on siie that are less than 5' but are greater than Z' can be used to meet the tree replacement requirement. Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3, 2008, Original Report April 18, 2008 Page 22 of 25 ATTACHMENT 5 - TREE PROTECTION MEASURES In order for trees to survive the stresses placed upon them in the construction process, tree protection must be planned in advance of equipment arrival on site. If tree protection is not planned integral with the design and layout of the project, the trees will suffer needlessly and will possibly die. With proper preparation, often costing little, or nothing extra to the project budget, trees can survive and thrive after construction. This is critical for tree survival because damage prevention is the single most effective treatment for trees on construction sites. Once trees are damaged, the treatment options available are limited. The following minimum Tree Protection Measures are included on three separate sheets so that they can be copied and introduced into all relevant documents such as site plans, permit applications and conditions of approval, and bid documents so that everyone involved is aware of the requirements. These Tree Protection Measures are intended to be generic in nature. They will need to be adjusted to the specific circumstances of your site that takes into account the location of improvements and the locations of the trees. Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended .Tune 3, 20081, Original Report April 18, 2008 Page 23 of 25 TREE PROTECTION MEASURES: 1. Tree Protection Fences will need to be placed around each tree or group of trees to be retained. a. Tree Protection Fences are to be placed according to the attached drawing at a distance of not less than 5 feet outside the dripline of the tree or group of trees to be saved. b. Tree Protection Fences must be inspected prior to the beginning of any construction work/activities. c. Nothing must be parked or stored within the Tree Protection fences --no equipment, vehicles, soil, debris, or construction supplies of any sorts. 2. Cement trucks must not be allowed to deposit waste or wash out materials from their trucks within the Tree Protection Fences. The Tree Protection Fences need to be clearly marked with the following or similar text in four inch or larger letters, - "TREE PROTECTION FENCE DO NOT ENTER THIS AREA DO NOT PARK OR STORE MATERIALS WITHIN THE PROTECTION AREA Any questions, call Brian K. Gilles at Gilles Consulting @ 425-417-085095 5. The area within. the Tree Protection Fencing must be covered with wood chips, hog fuel, or similar materials to a depth of S to 10 inches. The materials should be placed prior to beginning construction and remain until the Tree Protection Fencing is taken down. 6. When excavation occurs near trees that are scheduled for retention, the following procedure must be followed to protect the Iong term survivability of the tree: a. An International Society of Arboriculture, (ISA) Certified Arborist must be working with all equipment operators. i. The Certified Arborist should be outfitted with a shovel, hand pruners, a pair of loppers, a handsaw, and a power saw (a "sawsall" is recommended). b. The hoe must be placed to "comb" the material directly away from the trunk as opposed to cutting across the roots. i. Combing is the gradual excavation of the ground cover plants and soil in depths that only extend as deep as the tines of the hoe. .Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, OVA 98059 Gilles Consulting Amended June 3, 2008, Original Report April 18, 2008 Page 24 of 25 c. When any roots of one inch diameter or greater, of the tree to be retained, is struck by the equipment, the Certified Arborist should stop the equipment operator. d. The Certified Arborist should then excavate around the tree root by hand/shovel and cleanly cut the tree root. i. The Certified Arborist should then instruct the equipment operator to continue. 7. Putting Utilities Under the Root Zone. a. Boring under the root systems of trees (and other vegetation) shall be done under the supervision of an ISA Certified Arborist. This is to be accomplished by excavating a limited trench or pit on each side of the critical root zone of the tree and then hand digging or pushing the pipe through the soil under the tree. The closest pit walls shall be a minimum of 7 feet from the center of the tree and shall be sufficient depth to lay the pipe at the grade as shown on the plan and profile. b. Tunneling under the roots of trees shall be done under the supervision of an ISA Certified Arborist in an open trench by carefully excavating and hand digging around areas where large roots are exposed. No roots 1 inch in diameter or larger shall be cut. c. The contractor shall verify the vertical and horizontal location of existing utilities to avoid conflicts and maintain minimum clearances; adjustment shall be made to the grade of the new utility as required. 8_ Watering; a_ The trees will require significant watering throughout the summer and early fall in order to survive long-term. An easy and economical watering can be done using soaker hoses placed three feet from the trunk of the tree and spiraled around the tree. One 75-foot soaker hose per tree is adequate. It is best to place the soakers using landscape staples, (available from HD Fowler in Bellevue for pennies apiece) then cover the area with two to three inches composed materials. The composted material will act as a mulch to minimize evaporation and will also stimulate the microbial activity of the soil which is another benefit to the health of the tree. b. Water the tree to a depth of 18 to 20 inches. I recommended leaving the water on the soaker hoses for six to eight hours and then digging down to determine how deep your water is penetrating. Then adjust accordingly_ It may take a good two days of watering to reach the proper depth. c. Once the water reaches the proper depth, turn off the hoses for four weeks and then water again. Water more often when temperatures increase every three weeks when temperatures exceed 80 degrees and every two weeks when temperatures exceed 90 degrees. This drying out of the soil in between watering is important to prevent soil pathogens from attacking the trees. Analysis of Trees for the Brookfield Short Plat 1055 Lyons Ave & 1059 Nile Ave NE, Renton, WA 98059 Gilles Consulting Amended June 3, 2008, Original Report April 18, 2008 Page 25 of 25 Significant Edsting Tree Continuous chain link Fencing Post ip Max 10' O.C. Install as shown on plans at dripline oftree(s) Six-foot high temporary chain link fence shall be placed as shown on plans. Fence shall com- pletely encircle tree(s). Install fence posts using pier blocks only. Avoid driving posts or stakes into major roots. Make a clean straight cut to remove damaged portion of root for all roots over V in diameter damaged during construction- All exposed roots shall be temporarily covered with damp burlap and covered with soils the same day, if possible, to prevent drying- If not possible, burlap must be kept moist at all times. Work with the protection fencing shall be done manually. No stockpiling of materials, soil, de- bris, vehicle traffic, or storage of equipment or machinery shall be allowed within the limit of the fencing - Cement trucks must not be allowed to deposit waste or wash out materials from their trucks within the Tree Protection Fences. The area within the Tree Protection Fencing must be covered with wood chips, hog fuel, or similar materials to a depth of 8 to 10 inches- The materials should be placed prior to be- ginning construction and remain until the Tree Prateetion Fencing is taken down. A CPIH CONSULTANTS 733 TH AVENUE, SUITE 100 KIRKLAND, WA 98033 P (425) 285-2390 f r (425) 285-2389 www.cphcansultargs.corn BROOKEFIELD III PRELIMINARY SHORT PLAT PRELIMINARY DRAINAGE REPORT June 13, 2008 Prepared For: Mr. John Smith Pacific Rim Construction Prepared By: CPH Consultants Matt Hough, PE Project No. 0063-08-001 Site Planning Civil Engineering Project Management Land Development Consulting CP H CONSULTANTS PRELIMINARY DRAINAGE REPORT FOR BROOKEFIELD III PRELIMINARY SUBDIVISION TABLE OF CONTENTS SECTION 1 - PROJECT SUMMARY SECTION 2 - PRELIMINARY CONDITIONS SUMMARY SECTION 3 - OFF -SITE ANALYSIS (LEVEL 1 DOWNSTREAM) TASK I —STUDY AREA DEFINITION TASK 2 — RESOURCE REVIEW TASK 3—FIELD INSPECTION TASK 4 — DRAINAGE SYSTEM DESCRIPTION AND PROBLEM DESCRIPTIONS TASK 5 —MITIGATION OF EXISTING OR POTENTIAL PROBLEMS TASK 5.1 — DRAINAGE COMPLAINTS (WITHIN I MILE OF PROJECT SITE) SECTION 4 - DETENTION AND WATER QUALITY FACILITIES ANALYSIS AND DESIGN SECTION 5 - CONVEYANCE SYSTEM ANALYSIS DESIGN SECTION 6 - SPECIAL REPORTS AND STUDIES SECTION 7 -- TEMPORARY EROSION AND SEDIMENTATION CONTROL ANALYSIS DESIGN APPENDIX A -TIR WORKSHEEC APPENDIX B - FIGURE 2, DEVELOPED SITE CONDITIONS APPENDIX C - GEOTECHNICAL ENGINEERING REPORT (THE RILEY GROUP, INC.) APPENDIX D - WETLAND AND STREAM DELINEATION STUDY (THE WATERSHED COMPANY) Site Planning Civil Engineering Project Management Land Development Consulting Brookefield 111 Preliminary Short Plat Preliminary Drainage Report SECTION 1 -- PROJECT SUMMARY This Preliminary Drainage Report (PDR) summarizes the analysis and design of the stormwater control facilities proposed for the development of the Brookefield III Short Plat. The systems described by this report include the storm drainage collection and conveyance systems as well as the stormwater detention and water quality facilities. It also documents the basis of design of temporary erosion control and sediment retention facilities to be implemented as part of the Storm Water Pollution Protection Plan (SWPPP) during construction to limit impacts to downstream resources. A final drainage report will be provided with the final engineering design for the project. The proposed project site is located at 1059 Nile Avenue NE in Renton, Washington. More generally, the site is located in the NE'/a of Section 10 of Township 23 North, Range S East, in King County, Washington (see Figure 1, Vicinity Map). It is in the Cedar River/Lake Washington Watershed, May Creek Basin. The project site consists of three adjacent parcels (KC parcel Nos.. 1023059111, 1 137400150 and 1023059247) and has a total area of 2.8 acres with a net developable area of approximately 2.4 acres. Figure 1 — Vicinity Map The site proposal consists of six single family residential lots, access roadway, sewer, water, dry utilities and a storm drainage system consisting of catch basins, underground pipes and a detention pond. Water quality treatment will be provided via a 5tormFilter system. The project is required to meet the design criteria in accordance with the 1990 King County Surface Water Design Manual with conservation flow control criteria and basic water quality treatment. Section 3, Off -site Anafysis (Level i Downstream) provides a narrative description and exhibits for the onsite, upstream and downstream analysis. CPH Project No. 0063-08-001 June 13, 2008 CPIH CONSULTANTS Page 1 Brookefield III (Preliminary Short Plat Preliminary Drainage Report SECTION 2 - PRELIMINARY CONDITIONS SUMMARY The proposed on -site improvements for this project will provide more than 5,000 square feet of pollution generating impervious surfaces on -site. As such, the site design shall respond to the Minimum Requirements outlined in Section 1.2 — Core Requirements of the 1990 King County Surface Water Design Manual (KCSWDM) and as outlined in the Preliminary Application Meeting. The following list describes the project's response to these minimum requirements: Core Requirements 1. Discharge at the Natural Location: The existing topography of the site slopes easterly from Its westerly boundary toward Honey Creek. This general grading condition and ultimate discharge to Honey Creek will be maintained with the proposed project. 2. Off -Site Analysis: A discussion of the off -site, downstream drainage conditions are described in Section 3 of this report. 3. Runoff Control: An open, on -site pond with conventional flow control structure is proposed to achieve Conservation Flow Control standards for the project. Design details and preliminary calculations of for these facilities is provided in Section 4. 4. Conveyance System: Surface inlets and below -grade pipes are proposed to collect and convey stormwater runoff from the developed site. An analysis of these systems will be provided with the final engineering design for the project. 5. Erosion and Sedimentation Control: Temporary Erosion Control Plans with specifications for the use of typical and appropriate Best Management Practice (BMP) facilities will be prepared during final design for the project. 6. Maintenance and Operation: On -site stormwater collection, conveyance, detention, and water quality facilities will be privately owned and maintained. A narrative description of these facilities along with a copy of an Operations and Maintenance Manual shall be provided to the residents at the time of their home purchase. The Operation and Maintenance Manual for on -site stormwater facilities will be prepared and provided to the City of Renton as part of the final TIR review and approval. 7. Financial Guarantees and Liability: Bonds will be posted and Certificates of Liability Insurance will be provided to the City at the time of construction. 8. Water Quality: A pre -manufactured Stormfilter facility is proposed downstream of the detention pond control structure outlet to achieve Basic Water Quality treatment for the project. Special Requirements 1. other Adopted Area -Specific Requirements: None 2. Floodpiain/Floodway Delineation, N/A 3. Flood Protection Facilities. N/A 4. Source Control: NIA 5. Oil Control: N/A CPH Proled No. 0063-08-001 June 13, 2008 CPIH CONSULTANTS Page 2 Brookefield III Preliminary Short Plat Preliminary Drainage Report SECTION 3 - OFF -SITE ANALYSIS (LEVEL i DOWNSTREAM) TASK I — STUDY AREA DEFINITION The proposed project site is located at 1059 Nile Avenue NE in Renton, Washington. More generally, the site is located in the NE'/a of Section 10 of Township 23 North, Range 5 East, in King County, Washington (see Figure 1, Vicinity Map). It is within the Cedar River/Lake Washington Watershed, May Creek Basin. The project site occupies the westerly, approximately 2.77 acre portion of the study area which is comprised of 3 separate tax parcels (KC parcel Nos. 1023059111, 1137400150 and 1023059247) totaling M Grading, storm drainage, and other related residential site improvements proposed will affect approximately 2.23 acres of the westerly 2.77 acre project site. Existing Site Conditions The soils on the site are characterized as AgC, AgD (Alderwood till) per the Natural Resources Conservation Service Soil Survey for King County. These soil classifications were confirmed by a site - specific geotechnical investigation performed by The Riley Group, Inc (TRG; January 11, 2008). A copy of the TRG report is provided in Appendix C. The existing topography of the study area slopes from the eastern and western limits of the parcels towards lower elevations located near the central part of the properties. These lower elevations are defined by a seasonal stream channel that has been identified as Honey Creek. Honey Creek is a tributary to May Creek. There are 2 existing single-family residences and various out buildings currently located an the easterly portion of the study area. Typical private yards, driveways, and outbuildings related to these existing residences affect approximately half of the study area east of Honey Creek. The remaining land cover over this area Is moderately dense forest with undergrowth, and the current grades range from 5 to 25 percent. The proposed residential development of Brookefield.11l will occupy the westerly portion of the study area. This area is currently undeveloped with dense forest cover and underbrush. The existing topography within this development area slopes west toward Honey Creek with grades ranging from 1 to The steeper slopes occur nearest to and within the 50-foot creek buffer. Developed Site Conditions A boundary line adjustment is planned for the 3 parcels within the study area to accommodate the proposed development in the western limits. This adjustment will move the eastern and central property boundary of the parcels to the western stream buffer limit. The two existing homes and associated facilities east of this new boundary line will remain unchanged. The project proposes to subdivide the undeveloped portions of the parcels west of the new boundary (excluding stream buffer areas) into b single-family residential lots as shown in Figure 2 (see Appendix B). Storm water runoff generated from new impervious and finished pervious surfaces will be collected by a catch basins and roof drainage systems connected to a below -grade pipe network at the new street. This system drains to an on -site detention pond located in the northeast portion of the site where it ultimately discharges to Honey Creek. The controlled discharge from the pond is proposed to be treated by a Stormfilter cartridge system located near the access road to the pond prior to outfalling to the creek. Flows exiting the pond will disperse through a minimum 50-foot width of undisturbed native vegetation prior to entering the stream. CPH Project No. 0063-08-001 June 13, 2008 CPjH CONSULTANTS Page 3 Brookefield III Preliminary Short Plat Preliminary Drainage Report TASK 2 — RESOURCE REVIEW Located within the central portion of the existing site is a seasonal waterway. This waterway has been identified as Honey Creek. There are small portions of property surrounding this creek that are identified as erosion sensitive areas according to available King County GIS information (see Figure 6, iMAP Sensitive Areas). Both of the existing parcels have sensitive area notices listed on their titles. No other on -site sensitive areas are identified by available resources. There were no drainage complaints directly related to the proposed site, but some complaints refer to the surrounding properties (see Task 5.1). The site is not located in a 100 year floodplain, does not contain any mopped wetlands, and it Is not in a landslide hazard area. Mitigation of existing and potential problems is discussed in Task 5 of this section. TASK 3 — FIELD INSPECTION A field inspection was performed on Friday, April 11, 2008, on a clear, dry day with a temperature of approximately 60 degrees. Below are the descriptions of the onsite, downstream and upstream drainage basins. Onsite Drainage Basins The project site occupies the westerly portion of two existing parcels The existing topography of the site has slopes ranging from 5 to 25 percent, generally tending east and west towards Honey Creek which flows northwesterly through the lower regions of the property. The property is comprised of two separate drainage sub -basins (A and B) that drain westerly and easterly. Basin A is the western, approximately 2.77 acres portion of the existing site where the proposed project improvements will occur. The topography of this basin slopes easterly from the west site boundary. The existing ground cover within Basin A consists of forest and dense undergrowth. Runoff from Basin A flows westerly and into Honey Creek. Honey. Creek flows northwesterly and carries the runoff off - site. Basin B is comprised of the eastern 3.23 acres of the site. This portion of the existing parcels contains residential development. The topography of this basin slopes generally from east to west from 0 to 25 percent. Existing ground cover consists of existing homes and associated driveways, various outbuildings and residential landscaping. The developed portions of the parcels are adjacent to areas that are forested and slope westerly towards Honey Creek. Runoff from Basin B flows west into Honey Creek where it Is then conveyed off -site. (See downstream discussion below). Upstream Drainage Basin Single-family residential developments exist to the north, south, east and west of the property. The storm water runoff systems for the surrounding developments appear to be in place and functioning properly. Further, site topography limits upstream contributions to the project site. The majority of un-captured runoff upstream of the site enters Honey Creek where it is conveyed northwesterly and through the central portion of the site. CPH Project No. 0063-08-00I June 13, 2008 CPIH CONSULTANTS Page 4 Brookefleld III Preliminary Short Plat Preliminary Drainage Report Downstream Drainage Basin Runoff from the study area travels as overland sheet and shallow concentrated flow toward Honey Creek. Honey Creek flows in a northwesterly across and conveys runoff from the properties to the off -site, downstream systems. This stream continues In a generally northwesterly direction before entering a 24-inch culvert crossing under 142^d Avenue SE approximately 350 feet south of the intersection of 142^d Avenue and SE Sunset Boulevard. The creek then continues in a westerly direction before it crosses under Eima Place NE via a 14-foot concrete box culvert. It then continues_ toward a crossing under Duvall Avenue NE and then flows westerly and parallel with NE Sunset Boulevard. TASK 4 — DRAINAGE SYSTEM DESCRIPTION AND PROBLEM DESCRIPTIONS The proposed storm water collection, conveyance, and water quality systems supporting this project will be in accordance with the provisions of the icing County Surface Water Design Manual. The project is required to adhere to conservation flow control and basic water quality standards. Roof runoff and surface water generated by portions of the landscaped areas of the proposed development will drain toward an improved roadway that runs north -south through the center of the property where it will be collected by a series of catch basins. A series of underground pipes that connecting the catch basins will convey the runoff northerly to an on -site combined detention and water quality vault, after which the runoff will be discharged to the buffer at the eastern boundary of the on -site stream. The proposed on -site detention and water quality vault was sized using the King County Runoff Time Series program (KCRTS). Historic site (i.e,, fully forested) conditions were considered in the analysis of the pre -developed conditions for all on -site targeted developed surfaces in accordance with KCSWDM standards for Conservation Flow Control. A summary of this analysis and the model results are provided in Section 4 of this report. TASK 5 — MITIGATION OF EXISTING OR POTENTIAL PROBLEMS The Off -site Analysis Table provided in Appendix A lists the components of the downstream drainage system and conditions of each individual reach. Development of the proposed site will be in accordance with airrent King County Standards. The proposed storm water collection, conveyance, and water quality systems will provide adequate measures to collect, convey, detain and treat increased surface water runoff and mitigate potential downstream systems. Severe erosion problems will be avoided with the conveyance system design. This system is designed to contain runoff rates generated by a 100 year storm event. Potential erosion or other impacts to the on -site creek will be further protected with the conveyance of runoff generated by roofs and portions of on -site landscape areas to the improved roadway. Since the storm water will be conveyed underground, detained and released from the on -site vault at a controlled rate, potential erosion or damage to the on -site wetlands will be mitigated. Potential flooding problems will be mitigated by the capacity of the conveyance system. The storm water runoff will be discharged to the on -site creek buffer, further decreasing the possibility of overflow due to back watering. Temporary Erosion and Sedimentation Control ITESCI measures will be implemented during construction efforts for the project to mitigate potential erosion impacts. These measures will be continually monitored and maintained in accordance to King County Standards. CPH Project No. 0063-08-007 June 13, 2008 C_P€H CONSULTANTS Page 5 $rookefield III Preliminary Short Plat Preliminary Drainage Report TASK 5.1 — Drainage Complaints (within 1 mile of project site) A list of drainage complaints within a one mile radius of the site and less than 10 years old has been compiled as part of this downstream analysis. That effort yielded 102 complaints meeting these criteria. The list was then culled to the complaints that could either be potentially affected by or cause impacts to the proposed development and drainage improvements. Eleven relevant complaints resulted from this reduction of data. Two of the complaints [2003-0837 and 2004-0162) are still open pertaining to water quality review and water quality enforcement respectively, thus are not available for review. The following are summaries of the relevant storm drainage complaints considered with this project: 1. Complaint #1999-0151 (Level 1). The complaint was about nuisance flows through the horse pasture. The investigator found that an existing wetland/pond overflows into this property as a natural drainage path. The property owner wished to channel the flows to decrease the impact area. This parcel is now within the Plat of Wedgewood Division 4 and is assumed to have been resolved. 2. Complaint #2000-0d73 (Level 1). The property owner complains of stormwater being diverted onto her property due to new construction next door. It appeared that the neighbor had an agreement with the school district to exchange access for gravel. The investigator referred the problem to DDES and considered it a private matter. Enforcement Activity #E0001280 was initiated on 8/7/2000 and closed on 8/31 /2000. This parcel is up gradient to 148th Ave SE and not impacted by potential runoff from the proposed subdivisions frontage improvements. 3. Complaint #2000-0528 — no problem- conversion of commercial property to residential removing drainage facility from King County Inventory. A. Complaint #2001-0027 (Level 1). Some property owner as complaint 42000-0473. Additional neighbor 'dumping water' onto her property. WLRD deemed this to be a continued private issue and referred property owner to DDES. This parcel is up gradient to 148* Ave SE and not impacted by potential runoff from the proposed subdivisions frontage improvements. 5. Complaint #2003-0252 (Level 1) The property owner stated that recent development within the City of Renton causes flooding on his property. Both King County and City personnel observed 'wet site indicator plants' on this property prior to the recent development and after. King County reviewer provided information to the property owner for keeping Improvements and debris out of the lowest are of the property to limit flood levels. This parcel is west and up gradient of the proposed project and stream corridor thus not impacted by potential runoff from the subdivision. 6. Complaint #2003-0567 (Level 1) The property owner requested assistance for the water that seeps into their basement. KCWLRD provided the homeowner with information on footing drains. This parcel is up gradient of the wetland/stream corridor by approximately 55 feet vertical and up gradient of the sag curve within 1481h Ave SE by approximately 15 feet vertical according to IMAP. The proposed project will not impact this parcel by storm discharge from the proposed detention facility nor the frontage improvements. CPH Projed No. 0063-08-007 June 13, 2008 CP'H CONSULTANTS Page 6 Breokefield III Preliminary Short Plat Preliminary Drainage Report 7. Complaints #2003-0702 (Level 1) The property owner complains of flooding from right of way conveyance. This occurred during a rain event on 10 f 20 f 03 at a time of heavy construction upgrading the storm system in the road. This parcel is west and up gradient of the wetland stream corridor to the west of the site. In addition, a ridge lies between the stream corridor and the complainant thus the proposed project will not impact this parcel. 8. Complaint #2006-0515 (Level 1) The property owner complains of stormwater overtopping catch basins and flooding his garage. This parcel Is south of new construction for the Shamrock subdivision. According to the engineer on record, a design change was Initiated to change the catch basin grate to a through curb inlet, add a driveway drop and an additional catch basin to intercept flows. The proposed subdivision does have frontage improvements that could be tributary to this parcel, however, there are several inlets between the new subdivision and the complainants property. It is not anticipated that the proposed project will impact this property. CPH Project No. 0063-08-00 7 June 13, 2008 CPIH CONSULTANTS Page 7 Brookefield III Preliminary Short Plat Preliminary Drainage Report SECTION 4 - DETENTION AND WATER QUALITY FACILITY ANALYSIS AND DESIGN The proposed storm water collection, conveyance, and water quality systems supporting this project will be in accordance with the provisions of the 1990 King County Surface Water Design Manual. The project is required to adhere to conservation flow control and basic water quality standards. These specific standards are located in the 2005 KCSWDM. Roof runoff and surface water generated by portions of the landscaped areas of the developed site will drain toward the proposed roadway and street drainage improvements near the central portion of the site. The street drainage system will consist of a series of catch basin inlets connected by underground pipes that drain westerly and northerly toward the on -site detention pond located In Tract A (see Figure 2). Treated runoff from the controlled pond release will be discharged to a rock dissipater pad located upstream of the on -site stream buffer. The storm water will be treated for water quality prior to exiting the detention facility by a pre -manufactured StormFilter' manhole/cartridge filtration system. The proposed preliminary detention and water quality facilities for the project were sized using the King County Runoff Time Series program (KCRTS). Existing conditions were considered in the analysis of the pre -developed conditions for all on -site targeted developed surfaces in accordance with KCSWDM standards for Conservation Flow Control. Existing Lot 15 within the existing Brookefield subdivision has been cleared and graded and is assumed to be Till Grass. The remainder of the site has been modeled as Till Forest. The site lies within the Londsburg Rainfall Region with a Regional Scale Factor of 0.82. Table 4.1 summarizes the Basin areas and KCRTS input parameters for the existing (i.e., pre -developed) site conditions. Tabie 4.1 - Existing Drainage Area Summary Basin ID Total Area (acres) Land Cover (acres) Impervious 1 Till Grass Till Forest On -Site 1 2.23 0.00 0.00 2.23 Fully developed conditions were modeled using measured areas and land cover standards established by the current City of Renton Code for R-4 Zoning. All lot areas were assumed to be 35% impervious and 65% grass (maximum impervious area allowed). The Right of Way and an estimated footprint for the pond was modeled as impervious. Tracts C and D were modeled as Till Grass. Table 4.2 summarizes the Basin areas and KCRTS input parameters for the developed site conditions. Table 4.2 - Developed Drainage Area Summary Basin ID Total Area (acres) I Land Cover (acres) Impervious Till Brass Till Forest On -Site 2.23 0.78 1.44 1 0.00 The preliminary calculations for the storm drainage facilities are provided in Appendix E. The storm water pond has been sized and shown to fit within the proposed storm water tract as shown on the conceptual Grading and Drainage Plans. Please note that these calculations are estimates only. Precise calculations will be provided during the Engineering Design phase of the project. CPH Project No. 0063-08-001 June 13, 2008 CPJH CONSULTANTS Page 8 Brookefield III Preliminary Short Plat Preliminary Drainage Report SECTION 5 - CONVEYANCE SYSTEM ANALYSIS AND DESIGN The proposed conveyance system will be designed in compliance with the provisions of the current 1990 KCSWDM per the City of Renton Code. Runoff from the on -site improvements will be collected by standard catch basin structures and conveyed to the on -site detention facility by a system of underground pipes. CPN Project No. 0063-08-001 June 13, 2008 CPIH CoNsuLTANTs Page 9 13mokefield Ill Preliminary Short Plat Preiiminary Drainage Report SECTION 6 - SPECIAL REPORTS AND STUDIES Geotechnical Engineering Report (The Riley Group, Inc.; January 11, 2008) — Appendix C Wetland and Stream Delineation Study (The Watershed Company; March 5, 2008) —Appendix D Structural plans, details, and calculations for on -site retaining walls — to be provided with final engineering design. CPH Project No. 0063-08-001 June 13, 2008 CPIR CONSULTAMS Page 10 Brookefield III Preliminary Short Plat Preliminary Drainage Report SECTION 7 - TEMPORARY EROSION AND SEDIMENTATION CONTROL ANALYSIS AND DESIGN Temporary erosion and sediment control (TESL) facilities are proposed to be used during construction of the project improvements. These features will be designed in accordance with current City of Renton standards. Details and specifications for the TESC features for the Brookefield III project will be shown in the construction drawings, and the sizing calculations for these facilities are provided at the same time. CPH Project No. 0063-08-007 June 13, 2008 CP1H CONSULTANTS Page 11 CPIH CONSULTANTS APPENDIX A TIR WORKSHEET Site Planning Civil Engineering Project Management Land Development Consulting KING COUNTY WASHINGTON SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET Project Owner: Phone: Address: Project Engineer: Phone: Rerltan, W Pt Rbmto Landuse Services Subdivison I Short Subd. I UPD ❑ Building Services MIF I Commerical I SFR ❑ Clearing and Grading .❑ Right -of -Way Use ❑ Other Technical InMargie, n Report Type of Drainage / Targeted 1 Review (circle): Site Date (include revision dates): Date of Final: Project Name: $ror�YY.� DDES Permit #: Location: Township: Range: Section: Site Address: inc�9 m; I BE ❑ DFW HPA ❑ Shoreline ❑ COE 404 Management ❑ DOE Dam Safety X Structural. ❑ FEMA Floodplain RockeryNault! ❑ COE Wetlands ❑ ESA Section 7 ❑ Other Site lmproi Type (circle one): Date (include revision dates): Date of Final: (Engr. Plans) I Modified I Site Type (circle one): Standard / Complex 1 Preapplication 1 Experimental 1 Blanket Description: (include conditions in TIR Section 2) Date of Approval: 2005 Surface Water Design Manual 1 1/1/05 KING COUNTY, WASHINGTON SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET c Gig d'n S. Y Monitoring Required: Yes / IVo Describe: Start Date: Completipn Oate: Community Plan: _ Special District Overlays: Drainage Basin: Stormwater Requirements: Ja RiverlStream ❑ Lake 1� Wetlands ❑ Closed Depression 0 Floodplain ❑ Other Soil Type 1Z ❑ High Groundwater Table (within 5 feet) ❑ Other 19 ❑ Steep Slope A Erosion Hazard ❑ Landslide Hazard ❑ Coal Mine Hazard ❑ Seismic Hazard ❑ Habitat Protection Slopes 5~L5 5-Z57. Erosion Potential ❑ Sole Source Aquifer ❑ Seeps/Springs 2005 Silrrace water Design Manual 2 1 / 1 /05 KING COUNTY WASHINGTON SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (T1R) WORKSHEET Threshold Discharge Area: name or description) Core Requirements all 8 apply) Dischar a at Natural Location Number of Natural Discharge Locations: Offsite Analysis Level; 9 / 2 l 3 Dated. - Flow Control Level 1 / 2 I 3 or Exemption Number (include a facility summary sheet) Small Site BMP's: Conveyance System Spill containment located at: Erosion and Sediment Control ESC Site Supervisor: Contact Phone: After Hours Phone: Maintenance and Operation Responsibility: rivate / Public, If Private Maintenance Loa Required; Yes i No Financial Guarantees and Liabilit Provided: es / No Water Quality Type: asic / ens. Lake / Enhanced Basicm / Bog (include facility summary sheet) or Exemption No. Landscape Management Plan: Yes / No Special Requirements as applicable) Area Specific Drainage Type: CDA I SDO / MDP / BP I LMP / Shared Fac None Requirements Name: Floodplain/Floodway Delineation Type: Major / Minor / Exemption None 1 DO -year Base Flood Elevation (or range Datum: Flood Protection Facilities Description: N Source Control Describe landuse, (comm./industrial landuse) Describe any structural con s_ Oil Control High -use Site: Yes / No "rT� Treatment BMP: it Maintenance Agreement: Yes / No with whom?: Other —Drainage Structures Describe: 2005 Surface Water Design Manual 3 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL TECHNICAL INFORMATION REPORT (TIR) WORKSHEET MINIMUM ESC REQUIREMENTS DURING CONSTRUCTION �( Clearing Limits Cover Measures Perimeter Protection Traffic Area Stabilization tQ Sediment Retention X Surface Water Control Dust Control { Construction Sequence MINIMUM ESC REQUIREMENTS AFTER CONSTRUCTION �( Stabilize Exposed Surfaces Remove and Restore Temporary ESC Facilities Clean and Remove All Silt and Debris Ensure Operation of Permanent Facilities ❑ Flag Limits of SAO and open space preservation areas ❑ Other � _ Eix Flow Control Type/Description Water Quality - r�,tt✓�. �. 'P Ali,` T elDescri lion IM Detention ❑ Infiltration ❑ Regional Facility ❑ Shared Facility ❑ Small Site BMP's ❑ Other ❑ Biofiltration ❑ Wetpool ❑ Media Filtration ❑ Oil Control . ❑ Spill Control Cl Small Site BMP's Other 0 Drainage Easement ❑ Access Easement ❑ Native Growth Protection Covenant PL Tract ❑ other ❑ Cast in Place Vault PA Retaining Wall Iq Rockery > 4' High ❑ Structural on Steep Slope ❑ Other 1, or a civil engineer under my supervision, have visited the site. Actual site conditions as observed were incorporated into this worksheet an�ttached technical Information Report_ To the best of my knowledge the information provided here is acc rate. —46Z Signed �*Z�Wzrr Date 2005 Surface Water Design Manua] 4 1 / 1 /O5 CP H CONSULTANTS APPENDIX B FIGURE 2 DEVELOPED SITE CONDITIONS Site Planning Civil Engineering Projed Management Land Development Consulting CATCH BASIN ELf V - 469 39' rhpY SEWER IANI+OLE Eb. 469.91' 69.3� LU 506'53'09 "E 50.00' — RFrETv7rON Watt ELEV. = 4C., I WA TEA RETEN77ON POND I ti { SEC I G TWP 2.3N R 5E. kl! M. 29' ` /' O(5-`'i \ • , . y 588'1a'r4"f 507,99' �1�1 1�� PAD= 4� vt 41 , 46o':O n � 46431, C7 ipt 2 a SANITARY { 1 n SEWER SrU6 \ PA =4ss \ b � 3 O SAhITARP SEWER fi ° q 6.g, ' MANHOLE . � . ....!,_.. 7 k Rrwr ELEV - 470.4B'{-�----- 1E 12" METAL E 455.9.3 LC 12` METAL N 455.68' 0 3 r466,� ,a64.7. !L 12" ,METAL S 455, 78' � r Lot3 o� ?AL -465 BUfLCING • yll �,.,z,[o Tract F 1 QCKERY e, o tip 1I 14 o 1 lam, 43 0 61 - �TfBCtA�- Lok 4 ;, - \\ \ 153 i PA0�4G5�,I �' T-', .m' �" p '• \,t 58$'Is'43E 583-00'�— �--'---y, • --��-� btu -->to ' i 4, 't �'M1 '� •�}y tl � -�- N t` i ' ` , N ► � � �� >' rQv' qo ior_r il61p�3 'n l e r 9.6� ; !r[lIM I!'Hgllawl '. rAs[rrrr ear.�r >u rs[cr s M ].' IIIJC AI Rl O�xrM [aurwn .s Prow ow nur. /�- }TYPICAL ROAD SECRON • MINOR ACCESS V 'MIr LEGEND --: — sx srin uuwru. �,m1�.>ar.rlr GENERAL PROJECrDAIA SGPI wvso.ce IR AS IAIGS 44rp r .c wrz. psrwr. w rpm• m[nrvr: � � ssr I IOHN SMITH Irsvon� LK-;.II 1. nrAWG cRA[IUG liaY nkA.lxv. �w�'rr wrrnawwrwriowr�� LONSl1LTANT3 , �r"� w onnou t rwcrn,. �aZn —IAA -I-' wwv [rsrnc uw� smrsl ox.vnw - w� ALAM we ur[o ,r A row n[aa1 A.r moera� �Alls +^[e . awle. Ivuvoir ev «o-rwrr 1.xa�177F*URF 2 v CPIH CONSULTANTS APPENDIX C GEOTECHNICAL ENGINEERING REPORT (THE RILEY GROUP, INC.) Site Planning Civil Engineering Projed Management Land Development (onsulling Fri The Rrley Group fiac. GEOTECHNICAL ENGINEERING REPORT Smith Short Plat Ilwaco Place NE. Renton, WA 98059 Project No. 2007-357 Prepared By: The Riley Group, Inc. 17522 Bothell Way NE Bothell, WA 98011 Prepared for Mr. John Smith Pacific Rim Construction P.O. Box 2670 Renton, WA 98056 January 11, 2008 Serving the Pacific Northwest Main Office: 17522 Bothell Way NE, Bothell, WA 98011 Tel. (425) 415-0551 s Fax (425) 415-0311 The Rile3� GYaup I��c. January 11, 2008 Mr, John Smith Pacific Rini Construction P.O. Box 2670 Renton, WA 98056 Subject: Geotechnical Engineering Report Smith Short Plat llwaco Place NE Renton, WA 980-59 Project No. 2007-357 Dear Mr. Smith: As requested, The Riley Group, Inc. (Riley) has performed a geoteclinical engineering study for the above referenced subject site. Riley understands that the client is planning to short plat a 1.85-acre property into 5 single-family residential lots with driveway and utilities. The attached report presents our findings and recommendations for the geotechnical aspects anticipated for the project design and construction. Our field exploration indicates that the site is generally underlain by 3 feet of loose to medium dense silty SAND with trace gravel and roots overlying anedium dense to dense silty SAND with some gravel. Groundwater seepage was not encountered in the test pits during the geld exploration. Based on the soil conditions observed, we recommend supporting the proposed residential building on conventional spread footing foundations bearing on the medium dense to dense native soil or structural fill. Slab -on -grade and pavements can be similarly supported. We trust the information presented is suf eient for your current needs. if you have any questions or require additional information, please call. Sincerely yowl, THE RILEY GROUP,.INC. i 41353 �ONAL� Chien -Lin (Johnny ) Chen, P.E. "�""�—" Ricky R. Wang, Ph.D., P.E. Project Engineer Principal Engineer JCfRW Serving the Paeitye Northwest Main office: 17322 Bothell Way NE, Bothell, WA 98011 Tel (425) 415-0551 & Fax (425) 415-0311 TABLE OF CONTENTS 1]0 PROJECT DESCRIPTION ......... ....... ..... ................................................ ... .......................... l 2.0 SCOPE OD7WORK ............................. ......................................................................................... 1 3'1 SURFACE .................. .............................................................................. -............. '-_-......... 12 SOILS ......................................... .-............. .................. -........ .................................. --........ 3.3 '---..._._,--.---_----_''-'-------_'---'-.-.-2 4.0 DISCUSSION AND RE C.................................. .............. .............. 3 4.1 GENERAL ....... ................................................................ ................................................... .............. 1 4.2 SITE PREPARATION AND GRADING. .................. ....... ........ ...................................................... 3 43 EXCAVATIONS AND FILL SLOP B..................... ... .......................................................... -...... 4 4.4 F0U,\DATl0NS ................... ---- ...... ........................................... ....................... ............ ........ 's 4.5 T8ETAD4woWALLS ....... ......... ............. —.......................................... ....... ................................... 5 4/6 .-.................................. ....................... .......... -.............. 0 4.7 DRAINAGE ........... ......................................................................... ...... ...................... -................. ? ~4.8 UTILITIES ............. ................................................ ....................... ..................................... ........... 7 5.0 ADDITIONAL SERVICES .............. ~~.......... ............. .-............ ........... ............... ............. W 6.0 LMTATIONS ._~—~. LIST or, FIGURES FionrvI........ .-....... .............. -......................................................... ............ .-/@eVic h,ityMap Fiom-e1..... ............ --...... ........................................ .................... Genlexhnicul Exploration Plan Figure 3....................................................................................................... Gwnmrm/67wmeFill Detail Figure 4.............. .... .......................................... ........................ -Retaining Wall Drainage 2]x&n8 FigwwI_................... ........ .............................................................. 23o/cal RooknySection Detail APPENDICES The Riley Group, Inc. Geoiechnical Engineering Report &nrth Sho:-t Plat, Renton, IY.t 1.0 PROJECT DESCRIPTION Jamaiy 11, 2008 Project M9. 2007-357 The property is located to the east of Ilwaco Place NE in Renton, Washington. The approximate location of the site is shown on the Site Vicinity Map, Figure 1. The site is currently an undeveloped land and covered by grass; bushes, and trees. Riley understands that the client is planning to develop the existing property into 5 shigle- family residential lots with associated driveway and utilities, Our understanding of the project is based on a site plan preparcd by Core Design, Inc. dated October 22, 2007. At the tiree of preparing this report, detailed site grading and building plans were not available for us to review. Based on our conversation with the client. we undeistand that the single- family residences will be two-story, wood -framed structure with or without basement. Site grading up to 10 feet of till will be needed to reach the final grade, Riley expects that the proposed residences will be supported on perimeter walls with a bearing load between 2 to 3 kips per linear .foot and a series of interior columns with a niaxirnum load up to 75 kips per column. The recommendations in the following sections of this report are based upon our current understanding of the proposed site development. If actual features vuy or changes are made, we should review them in order to modify our recommendations as required. In addition, Riley requests to review the site grading plan, final design drawings and specifications when available to verify that our project understanding is correct and that our recommendations have been properly interpreted and incorporated into the project design and construction. 2.0 SCOPE OF WORK On December 14, 2007, Riley excavated a total of six test pits (TP-1 through TP-6) to a maximum depth of 6.0 feet below ground surface (bgs). Test pits were excavated using a rubber -tired backhoe. Test pits were excavated in the proposed residential lots. Approximate test pit locations are shown on Figure 2. Using the information obtained from our subsurface exploration and laboratory testing, we performed analyses to develop geotechnical recommendations for project design and construction on the following: ➢ Soil and groundwater conditions ➢ Retaining walls 9 Geologic hazards > Slab -on -grade > Site preparation and grading ➢ Drainage ➢ Excavations and slopes ➢ Utilities > Foundations I Pavements The Riley Group, Inc. Geolechnicnl Engineering Report January 11, 2098 Smith Shorl Plat, Renton, WA 2 Prnject No_ 2007-357 3.0 SITE CONDITIONS 3.1 Surface The subject site is a trapezoid -shaped parcel of land approximately 1.85 acre in size. The site is bound to the north, west, and south by single-family residences, and to the east by an east -facing slope and a stream. The existing site is vegetated and covered with glass, bushes, and trees. The site slopes down to the cast with a slope gradient of approximately 10%. The eastern portion of the site is an east -facing slope with an elevation difference of approximately 20 feet (slope gradient of.] 5%). A stream is along the east property line at the bottom of the slope. 3.2 Soils 'nie soils encountered in the test pits are relatively consistent across the site. Typical soil profile includes 3 feet of loose to medium dense silty SAND with trace gravel and roots overlying mediuun dense to dense silty SAND with some gravel. Riley reviewed the Geologic Map of Surficial Del msits in Seattle 30' by 60' Quadrangle, Washington (lanes C. Yount, etc., 1993). The review indicates that the soil in the project vicinity is mapped as Vaslion advanced outwash deposits (Map Unit Qva), which consist of slightly oxidized, light red -brown gravel and sand and light brown to gray silt and clay, moderately- to well -sorted, well -stratified. These descriptions are generally similar to the findings in our field exploration. More detailed descriptions of the subsurface conditions encountered are presented in the Test Pit Logs included as Figures A-2 through A-4 in Appendix A. 3.3 Groundwater Groundwater seepage was not encountered during field exploration to a maximum depth of 6.0 feet bgs. The groundwater level appears to be deeper than the test pit temrination depth. Fluctuations in groundwater level should he expected on a seasonal and annual basis. The level will be highest during the extended periods of heavy seepage in the wet winter months. Given the time that the field exploration was performed, Riley believes that the groundwater should be below the season -high level. 3.4 Geologic Hazards Sloane Stahility Riley reviewed the Sensitive Areas _iidap Folio, King County, Washington, (Map 4) dated March 2001. The review indicates that the site is not mapped as a landslide hazard area. Riley perfomied a site reconnaissance and evaluated the slope stability condition on December 14, 2007. During our field observations, we did not find any obvious. features suggesting, past or recent deep-seated landslides in this area. The site is covered with The Riley Group, Inc. Geotechnical Engineering Report Janio ry 11, 2003 Smith Short Plat, Renton, JVA 3 Project No, 2007-357 intermittent heavy vegetation and the potential of soil erosion is low. The site and the adjacent slopes appeared to be in generally stable condition, In our opinion, the proposed development will not impact slope stability of the existing steep slope if the construction is in accordance with project design and recommendations. Riley recommends that a building setback of 15 feet frorn the top of slope be used. Seismic Considerations Based on the 2003 International Building Code (IBC), the site soil is Class D (Table 1615.1.1). The earthquake spectral response acceleration at short periods (S,) is 131% and at 1-second period (S1) is 46% g. Liquefaction is a phenomenon where there is a reduction or complete loss of soil strength due to an uierease in water pressure induced by vibrations from a seismic event. Liquefaction mainly affects geologically recent deposits of fine-grained sands that are below the groundwater table. Soils of this nature derive their strength from intergranular friction. The generated water pressure or pore pressure essentially separates the soil grains and eliminates this intergranular friction, thus reducing or eliminating the soil's strength. We reviewed the results of the field and laboratory testing and assessed the potential for liquefaction of the site's soil during an earthquake. Since the native soil is relatively dense silty sand -Mth gravel, Riley considers that the possibility of liquefaction during an eartliquake is minimal. 4.0 DISCUSSION ANT RECOMMENDATIONS 4.1 General Based on our study, the site is suitable for the proposed construction from a geotechnical standpoint. Foundations for the proposed residential buildings can be supported on conventional spread footings bearing on medium dense to dense native soil or structural fill. Slam -on -grade and pavements can be similarly supported. Riley expects that up to 10 feet of fill will be placed to establish the proposed final grade elevation, Detailed recommendations regarding the above issues and other geotechnical design considerations are provided in the following sections. These recommendations should be incorporated into the final design drawings and construction specifications. 4,2 Site Preparation and Gradin6 To prepare the site for construction, all vegetation including grass, bushes and trees within the perimeter of the proposed development area should be removed. Stripping up to 12 inches should be performed to remove the organic topsoil. Once clearing, grubbing, and other preparing operations are complete, cuts and fills can be made to establish desired building grades. The Riley Group, Inc. Geolechnical Engineering Report Jannaq 11, 2008 Smith Shon Mal, Renton, 1EA 4 Project Alo, 2007-357 The on -site excavated soils without organic materials can be suitable for use as structural fill. However, the native soil contains sonic fines and is moisture sensitive. If the construction occurs in wet weather, the native soil would be difficult to be compacted. If the construction occurs in wet weather or the site grading requires additional structural fill material, Riley recommends use imported structural fill for site grading, The imported material should meet the grading requirements listed in the table below: U.S. Sieve Size Percent Passing 3 inches 100 percent No, 4 sieve 0 - 75 percent No. 200 sieve 0 - 5 percent's *Based on minus 3/4 inch ftaction. Prior to use, a geotechnical engineer should examine and test all materials imported to the site for use as structural fill. Structural fill iaterials should be placed in unifomi loose layers not exceeding 12 inches and compacted to a minimum of 95 percent of the soil's maximum density, as determined by ASTM Test Designation D-1557 (Modified Proctor). The moisture content of the soil at the time of compaction should be within about two percent of its optimum, as determined by this ASTM method. 4.3 Excavations and Fill Slo es Excavations at the site with confined spaces, such as basements, footings; utility trenches, etc., must be, completed in accordance with local, state, or federal requirements. Based on Occupational Safety and Health Administration (OSHA) regulations, the upper loose to inediurn dense soil classifies as a Group C soil and the native dense soil would be classified as Group B soil. Accordingly, for excavations more than four feet but less than 20 feet in depth, the temporary side slopes should be laid back with a minimum slope inclination of I % :1 (Horizontal: Vertical) in the Ioose to medium dense soil and 1: 1 (H: V) in the native dense soil. If there is insufficient room to complete the excavations in this manner, or excavations greater than 20 feet in depth are planned, using tcmporaly shoring to support the excavations should be considered. The permanent cut and fill slopes should be graded with a finished inclination no greater than 2:1 (Horizontal. -Vertical), Upon completion of construction, ille slope face should be track.walked, compacted and vegetated, or provided with other physical means to guard against erosion. Final grades at the top of the existing slope must promote surface drainage away from the existing slope crest. Water must not be allowed to flow in an uncontrolled fashion over the slope face. If it is necessary to direct surface runoff towards the slope, it The Riley Group, Inc. Geolechnical Engineering Deport Januaty 11, 2008 Smith Short Plat, Renton, WX 5 Project No. 2907-357 should be controlled at. the top of the slope, piped in a closed conduit installed on the slope face, and taken to an appropriate point of discharge beyond the toe. A.11 fill placed for slope construction should meet the structural fill requirements as described in the Site Preparation and Grading section of this report. In addition, if new fills are placed over existing slopes of 20 percent or greater, the structural fill should be keyed and benched into competent native slope soils. A typical slope key and bench configuration is shown on the general slope fill detail on Figure 3. 4.4 Foundations Following the preparation and grading, Riley recommends that the proposed residential building can be supported on conventional spread footing foundations bearing on medium dense to dense native soil or structural fill. Perimeter fouundations exposed to the weather should be at a minimum depth of 18 inches below final exterior grades. Interior foundations caii be constructed on any convenient depth below the. floor slab. We recommend designing foundations for a net allowable bearing capacity of 2,500 pounds per square foot (psf) for native soil and structural fill. For short-term loads, such as wind and seismic, a 113 increase in this allowable capacity can be used. Far designing foundations to resist lateral Ioads, a base friction coefficient of 0.25 can be used.. Passive earth pressures acting on the side of the footing and buried portion of the foundation stem wall can also be considered for resisting lateral loads. We recommend calculating this lateral resistance using an equivalent fluid weight of 250 pounds per cubic foot (pef). At perimeter locations, we recommend not including the zipper 12 inches of soil in this computation because they can be affected by weather or disturbed by future grading activity. This value assumes the foundation will be constructed neat against competent fill sail or backfrlled with structural fill as described in the Site Preparation and Grading section. The recommended friction and passive resistance values include a safety factor of 1.5. With spread footing foundations as recommended in this section, you should expect maxim -um total and differential post -construction settlements of one inch and 'l2 inch, respectively. 4.5 Retaining Walls At the time of preparing this report, Riley was not aware of any retaining walls. However, based on the site topography, Riley expects that retaining walls will be needed in some areas. Riley recommends cast-iri-place concrete «calls for building basement ;walls and rockeries for non -building walls for protecting the slopes and retaining fills. The retaining walls should be designed and constructed following the recommendations in this section. The Riley Group, Inc. Ceotechnieal Engineering Report Janurny 11, 2008 Smith Short Plot, Renton, 111A 6 Project Alo. 007-337 Concrete Walls The basement walls should be designed and constructed as .retaining walls. The magnitude of earth pressure development on retaining walls will partly depend on the quality of the wall backflll. )tire recommend placing and compacting wall backflll as structural fill. Wall drainage will be nnceded behind the wall face. A typical retaining wall drainage detail is sho-wri in Figure 4. With wall backflll placed and compacted as recommended, and drainage properly installed, we recommend designing unrestrained wwalls for an active earth pressure imposed by an equivalent fluid weighing 35 pcf. For restrained walls, an earth pressure imposed by an equivalent fluid weighing 55 pcf should be used for design. For seismic design, an addition uniform Ioad of 5 to 7 H (H is wall height) should be applied to the wall surface. These values assume a horizontal backflll condition and that no other surcharge loading, such as traffic loading, sloping embankments, or adjacent buildings, will act on the wall. If such conditions will exist, then the imposed loading must be included in the wall design. Friction at the base of foundations and passive earth pressure M]l provide resistance to these lateral loads. Values for these parameters are provided in the Foundations section of this report. Rockeries Rockeries are not intended to function as engineered structures to resist lateral earth pressures like retaining walls. The primary function of rockeries is to cover exposed excavated surface and thereby retard the erosion process. Individual rockery heights should be limited to S feet against out in dense native soil. The cut slope above the rockery should be graded with a maximum gradient of 2:1 (Horizontal: Vertical). A rockery detail is shown on the attached Figure 5. The rockery should be constructed by ant experienced rockery contractor following guidelines as published by Associated. Rockery Contractors (ARC). Rockery backflll should be compacted as structural fill as recommended in the Site Preparation and Grading section. Riley recommends that a geotechnical engineer be present on the site to monitor site work. 4.6 Slab -on -Grade Construction With site preparation completed as described in the Site Preparation and Grading section, suitable support for slab -on -grade construction should be provided. Riley recommends that the concrete slab be set on top of firm native soil or on structural fill. Immediately below the floor slab, we recommend placing a four -inch thick capillary break layer of clean, free - draining sand or gravel that has less than five percent passing the No_ 200 sieve. This material will reduce the potential for upward capillary movement of - t ater thi ough the underlying soil and subsequent wetting of the floor slab. The Riley Group, Inc. Geotechnical Engineering Renon lnnunnj 11, 2008 Swilh Shorr Plat,. Renton, IVA 7 Project Alo. 2007-337 Typically, an eight to ten-niil thick plastic membrane is placed on a four -inch thick layer of clean gravel to avoid moisture by vapor transmission. The membrane should be covered with one to two inches of clean, moist sand to guard against damage during construction and to aid in curing of the concrete. For the anticipated floor slab loading, we estimate post -construction floor settlements of/A to '/z inch. 4.7 Drainage Surface Final exterior grades should promote free andpositive drainage away froin the building area. Water must not be allowed to pond or collect adjacent to foundations or within the immediate building area. For non -pavement locations, iiJe recommend providing a minimum drainage gradient of three percent for a minimum distance of ten feet from the building perimeter. In paved locations, a mi.niinum gradient of one percent should be provided unless provisions are included for collection and disposal of surface water adjacent to the structrre. Subsurface We recommend installing perimeter foundation drains. A typical recommended drain detail is shown on Figure 6. The foundation drains and roof downspouts should be tightlined separately to an approved discharge facility. Subsurface drains rntist be laid with a gradient sufficient to promote positive flow to a controlled point of approved discharge. 4.8 Utilities Utility pipes should be bedded and backfilled hi accordance with American Public Works Association (APWA) specifications. For site utilities located within the City of Renton right-of-ways, bedding and backfill should be completed in accordance with City of Renton specifications. At a minimum, trench backfill should be placed and compacted as structural fill, as described in the Site Preparation and Grading section, Where utilities occur below unimproved. areas, the degree of compaction can be reduced to a minimum of 90 percent of the soil's maximum density as determined by the referenced ASTM standard. As noted, soils excavated on -site without organics can be suitable for use as backfill if soil's moisture can be properly controlled. The backfill material should satisfy the stn.ictural fill requirements listed in the Site Preparation and Grading section. 49 Pavements Pavement subgrades should be prepared as described in the Site Preparation and Grading section of this report. Regardless of the relative compaction achieved, the subgrade must be firm and relatively unyielding before paving. This condition should be verified by proof -rolling with construction equipment or hand probe by inspector. The Riley Group, Inc. Geotechnical Ei gineedng Report Jonuag .11. 2008 Smith Short Plot, Renton, IYA 8 Project No. 7007-357 The required pavement thickness is not only dependent upon the supporting capability of the subgrade soils, but also on the traffic loading conditions which will be applied. For driveway and parking; lot with typical passenger vehicle traffic, two inches of asphalt concrete (AC) over four inches of crushed rock base (CRB) can be used. For streets and heavy traffic area, three inches of AC over six inches of CRB should be used. The paving materials used should conform to the Washington State Department of Transportation (WSDOT) specifications for Class B asphalt concrete, and CRB sin -facing. Long-term pavement performance will depend on surface drainage. A poorly drained pavement section will be subject to prernaturc failure as a result of surface water infiltrating into the subgrade soils and reducing their supporting capability. For optimum pavement performance, surface drainage gradients of no less than two percent are recommended. Also, some degree of longitudinal and transverse cracking of the pavement surface should be expected Over time. Regular maintenance should be planned to seal cracks «Ten they occur. 5.0 ADDITIONAL SERVICES Riley is available to provide further geotechnical consultation as the project design develops. We should review the final design and specifications in order to verify that earthwork and foundation recommendations have been properly interpreted and incorporated into project design and construction. Riley is also available to provide geotechnical engineering and monitoring services during construction. The integrity of the earthwork and construction depends on proper site preparation and procedures. In addition, engineering decisions ;nay arise in the field. in the event that variations in subsurface conditions become apparent. Construction monitoring services are not part of this scope of work. If these services are desired, please let us know and we will prepare a cost proposal. 6.0 LIMITATIONS This report is the property of The Riley Group, Inc. and Pacific Rim Construction, and was prepared in accordance with generally accepted geotechnical engineering practices. This report is intended for specific application to the Smith Short Plat at Ilvvaco Place N6 in Renton, Washington and for the exclusive use of Mr. Jahn Smith and his authorized representatives. No other warranty, expressed or implied, is made. The analyses and recommendations presented in this report are based upon data obtained from the test pits excavated on -site. Variations in soil conditions can occur, the nature and extent of which inay not become evident until construction. If variations appear evident, The Riley Group, Inc. should be requested to reevaluate the recommendations in this report prior to proceeding with construction. The Riley Group, Inc. Smith ,Short .Plat The Riley Group, .�rzc. 17522 BOTHELL WAY NE site Vicinity Map Fagut e l BOTHELL, WASHINGTON 9801! Site Address: Ilwaco Placo NE, Renton, NVashemgton Reference: Figure modified from site plan prepared by Core Design, Inc. dated October 22, 2007. Geotechnical test pit location excavated by The Riley DRAWING NOT TO SCALE TP-1 Group, Inc, on December 14, 2007. The Riley Group, Inc. 17522 BOTBELL WAY NT BOTHE.LL, WASHINGTON 98011 Smith Short Plat Geotechnical Exploration Plan figure Z Site Addrns: Bwaco Place NE, Renton, Washin, on SLOPE TO DRAIN _:�� NEW STRUCTURAL FILL MAXIMUM SLOPE GRADIENT: 2:1(H:V) EXISTING GRADE E �. .TYPICAL BENCH — ► MAY REQUIRE SUBDRAIN IF SEEPAGE �{ CONDITIONS ARE INDICATED rt GRADE AFTER THE REMOVAL OF TOPSOIL AND OTHER LOOSE SOILS KEY CUT AND TOE DRAIN. - 4" DIAMETER PERFORATED PIPE ENVELOPED IN i cu.It. 3/4" DRAINAGE GRAVEL NOT TO SCALE NOTES .1. SLOPE SHOULD BE STRIPPED OF TOPSOIL AND UNSUITABLE SOILS PRIOR TO PLACING ANY FILL. 2. "BENCHES" SHOULD BE A MINIMUM OF 6 FEET WIDE. 3. "KEY" SHOULD 8E MINIMUM 2 FEET DEEP AND 6 FEET WIDE, EXTENDING THE FULL LENGTH OF THE SLOPE FACE. 4. FINAL SLOPE FACE SHOULD BE DENSIFIED BY COMPACTION. 5. PLANT OR HYDROSEED SLOPE FACE TO REDUCE EROSION POTENTIAL. 5. ALL STRUCTURAL FILL SHOULD BE COMPACTED TO 95% OF SOILS MAXIMUM DRY DENSITY PER ASTM D-1557 (MODIFIED PROCTOR). Fri The Rile Group, line. 17522 BOTHELL WAY NE BOTHELL, WASWNGTON 98011 Smith Short Plat General Slope Fill. Detail I F igi Ie 3 Site Address; Ihaaco Place NE, Renton, Washington 12" MINIMUM WIDE -' FREE -DRAINING GRAVEL �. 12" MIN. FILTER FABRIC MATERIAL SLOPE TO DRAIN 4" DIAMETER PVC PERFORATED PIPE EXCAVATED SLOPE (SEE REPORT FOR APPROPRIATE INCLINATIONS) COMPACTED STRUCTURAL BACKFILL (NATIVE OR IMPORT) -�� 12" OVER THE PIPE \ L 3" BELOW THE PIPE NOT TO SCALE SnxA Short Plat �r The Riley Group, Inc._T 17522 BOTHELL tVAY NE Retaining Wall Drainage Detail Figure 4 BOTiTELL, WASHINGTON 98011 Site Address: llwaCa Place NE, Renton, Washington Slope 2:1(H:V) max. Swale for surface drainage control H = i3' 6 �` �,.,• H 3 Firm undisturbed soil to be verified 12 in, Ke y ray by Geotechnical Engineel resin Keyway should be sloped dawn towords the face being protected 2 Reinforcement (fJirofi 7XT) L > 2/3 of rockery height L.3' 0.5' (typ-) 1.5' Crushed rock filter 1 5' material, between 2 and 4 inch size with less than 2% fines. T 3 in, rein. grovel bedding 4 in, minimum diameter droin pipe surrounded by clean washed 3/4" drain grovel NOT TO SCALE The Riley lGr'•our,111c. J 7522 BOTHELL IYAY NE BOTHELL, WASH I GTON 98011 Sinith Short flat Tjpical Rockery Section Detail I Fig -tire S Site Address: Ihvaco Place NE, Renton, Washin ;ton BUILDING ,SLAB -COMPACTED ;.- :' �\ ... 'STRUC�T��UIRTAir.. yT{ , d .. FILTER / FABRIC O O d 4" PERFORATED PIPE 3/4" WASHED ROCK OR PEA GRAVEL NOT TO SCALE The Riley Group, Inc. Smith Short Plat 17522 BOTHELL WAY NE Typical Footing Drain Detail Figure 6 9 BOTHELL, WASH1NGTON 980I Site Address: IlwAco Place NE, Renton, Washington Geotechnical Engineering Report Januaq 17, 2008 Smith Short Plat, Renton, WA Project No. 2007-357 APPENDIX A FIELD EXPLORATION AND LABORATORY TESTING Smith Short Plat llwaco Place NE Renton, WA 98059 On December 14, 2007 we performed our field exploration using a glibber -tired backhoe. We explored subsurface soil conditions at the site by excavating six test pits to a maximum depth of 6.0 feet below existing grade. The test pit locations are shown on Figure 2. The test pit locations were approximately determined by measurements from existing building and property boundaries. The Test Pit Logs are presented on Figures A-2 through A-4. A geologist/enghieer from our office conducted the field exploration and classified the soil conditions encountered, maintained a log of each test pit, obtained representative soil samples; and observed pertinent site features. All soil samples were visually classified in accordance with the Unified Soil Classification System (USCS) described on Figure A-L Representative soil samples obtained from the test pits were placed in closed containers and taken to our laboratory for further examination and testing. The moisture content of typical sample was measured and is reported on the Test Pit Logs. The Riley Group, Inc. MAJOR DIVISIONS LETTER TYPICAL DESCRIPTION SYMBOL e -gra a gravels, gravel -sand mix ures, little RAVELS GRAVELS GRAVELS or no fines. GP Poorly -graded gravels, gravel -sand mixtures, ❑ More than 50% <5% fines W of coarse little or no fines. GM Silty gravels, gravel -sand -silt mixtures, fraction is larger GRAVELS nnn- lastic fines. GC Clayey gravels, gravel -sand -clay mixtures, } {� J _D than No. 4 sieve with fines plastic fines. W Q E C\jC/) SANDS CLEAN Well -graded sands, gravelly sands, little or no o o Ln z More than 5( SANDS fines. SP Poorly -graded sands or gravelly sands, little or < of coarse `5%fines no fines. SANDS SM Silty sands, sand -silt mixtures, non -plastic fines. fraction is smaller than No. sieve with fines SC Clayey sands, sand -clay mixtures, plastic fines. MIL Inorganic sits, rock flour, Clayey silts with slight Q •� SILTS AND CLAYS plasticity. CL Inorganic clays of low to me lum plasticity, can a Liquid limits z � o clay). OL Organic silts and organic clays of low plasticity. __.I �Z IeSS than 50% Ca (. U) (a MH Inorganic silts, elastic_ (z -C SILTS AND CLAYS aD `m Liquid limits greater CH Inorganic clays of high plasticity, (fat clays). _ than OH Organic clays of high plasticity. HIGHLY ORGANIC SOILS PT Peat. DEFINITION OF TERMS AND SYMBOLS s_ J Density SPT (Blows/Foot) 2" Outside diameter split spoon O 111 Very loose 0-4 I sam ler p ❑ Z } Q Loose 4-1 0 Medium dense 'EO-34 � �•�" Inside diameter ring sampler or � Dense 30-50 Shelby tube f< Very dense >50 T Water level (date) Tr Torvane reading, tsf Gonsistenc SPT (Blows/Foot) Very soft 0-2 pp Penetrometer reading, tsf L © Soft 2-4 D❑ Dry density, pcf J Q Medium stiff 4-8 LL Liquid limit, percent U Stiff 8-15 pl Plasticity index Very stiff 15-3D N Standard penetration, blows per foot Hard >30 191 The Riled Group, hic. 17522 BOTI3L-LL WAY NE BOTHELL, WASHINGTON'' 98011 Smith Short Plat. Unified Soil Classification System Figure A-] Site Address: Ihvaco Place NE, Renton, Washington Logged By; PL Date: 12/14/07 Test Pit No. Depth (ft) Soil Description Sample TP-I Surface Forest Duff Depth (moisture) 0 - 0.6 Dark brown silty SAND with little gravel and roots, damp, loose, (SM). 0.6 - 3.0 Brown silty SAND with little gravel and roots, damp to moist, loose to medium dense, (SM). 3.0 - 6.0 Weathered gray silty SAND with some 4 ft (13.8%) gravel, damp, medium dense to dense, (SM), 6 ft (13.2%) Terminated at 6 feet. No groundwater seepage encountered. TP-2 Surface Forest Duff 0 - 1.0 Dark brown silty SAND with some gravel, and roots, damp, loose, (SM). 1.0 - 3.0 Brown silty SAND with little gravel and roots, 2.5 ft (26.3%) damp to moist, loose to medium dense, (SM). 3.0 - 5.0 Weathered gray silty SAND with some 5 ft (13.8%) gravel, damp, medium dense to dense, (SM). Terminated at 5 feet. No groundwater seepage encountered. The Riley Group, hic. I7522 BOTHELL WAY NB BOTHFLL, WASHINGTON 98011 Smith Short Plat Test Pit Logs Figure,-2 Site Address: Ilwaco Placc NE, Renton, Washingtall Logged By: Pi. Date: 12/14107 Test Pit No. Depth (ft) Soil Description Sample TP-3 Surface Forest Duff Depth (moisture) 0 - 0,6 . dark brown silty SAND with little gravel and roots, damp, loose, (SM). 0.6 - 3.0 Brown silty SAND with little gravel and roots, damp to moist, loose to medium dense, (SM). 3.0 - 5,0 Weathered brownish gray silty SAND with 5 ft (8.8%) gravel, damp, medium dense to dense, (SM). Terminated at 5 feet. No groundwater see age encountered. TP-4 Surface Forest Duff 0 - 1.0 Dark brown silty SAND with some gravel, and roots, damp, loose, (SM), 1.0 - 3.5 Brown silty SAND with little gravel and roots, damp to moist, loose to medium dense, (SM). 3.5 - 5.0 Weathered brownish gray silty SAND with 5 ft (9.4%) gravel, damp, medium dense to dense, (SM). Terminated at 5 feet. No groundwater seepage encountered. The Riley Group, I/Ic. 17522 BOTHELL WAY NE BOTHELL, WASHm'GTON 98011 Smith (Short Pat Test Pit Logs I Figure A-3 Site Address: Ilwaeo Place NE, Renton, Washington Logged By: PL Date: 12/ 14/07 Test Pit No. Depth (ft) Soil Description Sample TP-5 Surface Forest Duff Depth (moisture) 0 - 0.6 Dark brown silty SAND with little gravel and roots, damp, loose, (SM). 0.6 - 3.0 Brown silty SAND with little gravel and roots, damp to moist, loose to medium dense, (SM). 3.0 - 5.0 Weathered brownish gray silty SAND with 5 ft (7.4%) gravel, damp, medium dense to dense, (SM). Terminated at 5 feet. No groundwater seepage encountered. TP-G Surface Forest Duff 0 - 0.6 Dark brown silty SAND with little gravel and roots, damp, loose, (SM). 0,6 - 3.0 Brown silty SAND with little gravel and roots, damp to moist, loose to medium dense, (SM), 3.0 - 5.0 Weathered brownish gray silty SAND with 4 ft (14.7%) gravel, damp, medium dense to dense, (SM). Terminated at 5 feet. No groundwater seepage encountered. The RI/q, Group, Inc. Smith Short Plat 17522 BOTHELL WAY NE Test Pit Logs I Figure A-4 BOTHELL, WASHINGTON 98011 Site Address. Ilwaco Place NE, Renton, Washington CPIH CONSULTANTS APPENDIX D WETLAND AND STREAMDELINEATION STUDY (THE WATERSHED COMPANY, INC.) Site Planning Civil Engineering Project ✓ unogement Land Development Consulting THE WATERSHED CONA PA N Y March 5, 2008 John Smith Pacific Rim Construction/Brookfield P.O. Box 2670 Renton, WA 98056 Re: Wetland and Stream Delineation Study - TWC Ref# 080215 Dear Mr. Smith, SCLENCE a DESIGN Mike Foster, Ecologist, and Greg Johnston, Senior Fisheries Biologist, made a visit to the two subject parcels on February 28, 2008 to conduct a wetland and stream delineation study. The two subject lots are located roughly southwest of the corner of 1481h Avenue SE and SE 1131h Street in the City of Renton (tax identification numbers 102305-9247 and-9111). One stream and an associated wetland were found, delineated and flagged in the study area. This letter summarizes the findings of this study and details applicable federal, state, and local wetland and stream regulations. The following attachments are included: 40 Field Delineation Sketch Wetland Determination Data Forms Methods The subject property was evaluated for wetlands using methodology from the Washington State Wetlands Identification and Delineation Manual (Manual) (Washington Department of Ecology [Ecology) 1997). Soil, vegetation, and hydrologic data were sampled at several locations on the property to document our determination. We recorded data at two locations on -site and flagged the locations with yellow- and black -striped flags. We field flagged one on -site wetland with 60 pink- and black -striped flags. Thirty-one flags delineate the east edge of Wetland A, and 29 delineation the west edge. We rated the wetland using section 4-3-050(M)(1)(a) "classification system" of the Renton Municipal Code (RMC). We used observations in the field and information gathered from King County's online mapping system., NAP, to rate the wetland. The ordinary high water mark (OHWM) of one stream identified on the subject property (Honey Creek) was determined based on the definition provided by the Washington State Department of Fish and Wildlife and WAC 220-110-020(57). Areas meeting this definition were determined to be the OHWM edge. The OHWM is located by examining the bed and bank physical characteristics and vegetation to ascertain an approximation of the water elevation for mean annual floods. 750 Sixth Street South Kirkland, WA "033 p 425.822.5242 f 425.827.8136 i watershedco.com Smith, J. March 5, 2008 Page 2 of 4 The OHW_Vl of the on -site portion of Honey Creek was field -flagged beginning at the north edge of the north parcel (parcel —9247) and ending approximately half way through the southern parcel (parcel-9111). Flags were numbered OHW 1L through OHW 16L along the left bank facing downstream (the west side), and OHW 1R through OHW 13R along the right bank facing downstream (the east side). We made a tentative classification of Honey Creek based on information provided in the Renton Water Class Map and confirmed this classification based on observations made in the field and definitions provided in section 4-3-050(L) of the RMC. Findings The subject properties lie within the south edge of the CedarlSammamish water resources inventory area (WRIA number 8) and contain a tributary to May Creek called Honey Creek. The properties generally slope down from their east and west edge towards Honey Creek, which flows north through roughly the center of the properties. Big leaf maple (Acer macrophyllum, FACU), red alder (Alnus rubra, FAC), Douglas -fir (Pseudotsuga menziesii, FACU) and western hemlock (Tsuga heterophylla, FACU) dominate the forested canopy of the subject site, with some western red cedar (Thuja plicata, FAC) and black cottonwood (Populus balsamifera, FAC) present. Sword fern (Polystichum munitum, FACU), Salmonberry (Rebus spectabilis, FAC+), osoberry (Oemleria ceraciformis, FACU) beaked hazelnut (Corylus cornuta, FACU) and vine maple (Acer circinatum, FACU) dominate the understory, with Himalayan blackberry (Rebus armeniacus, FACU), dewberry (Rebus ursinus, FACU), and hedge laurel (Prunus laurocerasus, NI) also present. Some Douglas spirea (Spiraea douglasii, FACW) Sitka willow (Salix sitchensis, FACW) and water parsley (Oenanthe sarmentosa, OBL) are present along and in the Honey Creek riparian corridor. Wetland A is a scrub -shrub and emergent riverine wetland that extends along the length of the on -site portion of the Honey Creek riparian corridor. Along the south edge of the property, Wetland A is located in a very low -gradient, wide channel. of Honey Creek that has no perceivable flow, is approximately 100 feet wide, was typically inundated with approximately six inches of water during our visit, and is heavily vegetated. The ravine narrows towards the north edge of the property, where flow becomes channelized with a margin of Wetland A along either side of the channel. We flagged the entire length of the riparian corridor on the subject properties as Wetland A. The soil at ten inches in Wetland A is a black (10YR 211) loam with a high organic content and no redoximorphic features. Salmonberry, lady fern (Athyrium falix femina, FAC) and water parsley dominate the wetland near Data Point 1 (see Wetland Delineation Field Sketch, DP-1). Free water was at the surface of the soil at the time of our visit. The non -wetland near Wetland A is characterized by a dark brown OOYR 313) sandy gravelly loam (see Wetland Delineation Field Sketch, DP-2). Vine maple, sword fern, dewberry and red alder dominated the area around the data point. The soil was not saturated within the top 16 inches of the soil profile during the time of our visit. Wetland A is a Category 2 wetland per section 4-3-050(M)(1)(a)(i) of the RMC. The wetland has "minimum existing evidence of human -related physical alteration such as diking, ditching or Smith, J. March 5, 2008 Page 3 of 4 channeli.zation...", one of the criteria for determining Category 2 wetlands. The wetland is not `°severely disturbed", a criteria for Category 3 wetlands. Honey Creek flows north from the wide, inundated area within Wetland A into a low gradient, silty -bottom channel with some gravel and perceivable flow at the time of our visit. The width of the channel ranges from 12 to 20 feet, but is typically around 15 feet and is bordered by a margin of Wetland A. Honey Creek is mapped as a Class 4 stream on the City of Renton Renton Water Class Map. Class 4 streams are defined as "...waters [that] are non-salmonid bearing intermittent waters during years of normal rainfall, and/or mapped on Figure Q4, Renton Water Class Map, as Class 4." Our on -site observation of the creek showed nothing to the contrary of this rating. However, because of the time of our visit during the wet season, we could not confirm that this stream dries out in the summer. We found no evidence to suggest a different rating is appropriate for the on -site portion of Honey Creek. Thus, Honey Creek is a Class 4 stream. Local Regulations Wetlands and streams are regulated under the Critical Areas Regulations section of the RMC. Wetland A, a Category 2 wetland, requires a 50-foot buffer (RMC 4-3-050(M)(6)(c)). According to RMC 4-3-050(L)(5)(a)(i), Honey Creek, a Class 4 stream within the City of Renton requires a 35-foot buffer. The buffer from Honey Creek is entirely within the Wetland A buffer on the subject property. In addition to the wetland buffer, "the Reviewing Official may require a building or activity setback from a critical area or buffer to ensure adequate protection of the critical area/buffer during construction and ongoing maintenance of the activity. A requirement for a setback shall be based on the findings of a critical area report or a peer review required for the activity. (Ord. 5137, 4-25-2005)" (RMC 4-3-050(E)(5)). We recommend an eight -foot building setback to allow fire and safety access and to permit maintenance activities between structures and the wetland buffer edge. The 50-foot standard buffer width of a Category 2 wetland in Renton may be modified if the applicant can demonstrate compliance with subsections 4-3-050(M)(5)(e) or (f) of the RMC. Per subsection (e), the buffer for a Category 2 wetland may be reduced to 37.5 feet (75 percent of the standard buffer width) with enhancement if the applicant demonstrates that buffer functions will be maintained, the action will not degrade wetland buffer funtions, and no direct or indirect, short-term or long-term, adverse impacts to Wetland A will result from a regulated activity. The on -site buffer, currently thickly vegetated with native shrubs and trees, has low potential for enhancement, and may not be suitable for reduction under this subsection. Under subsection (f), buffer averaging may be approved if the applicant demonstrates that the reduction in the standard buffer will result in no net loss of buffer funtion or values, the additional buffer is contiguous and the total buffer area is not reduced. State and Federal Regulations Wetlands and streams are also regulated by the U.S. Army Corps of Engineers (Corps) under section 404 of the Clean Water Act. Any filling of Waters of the United States would likely require notification and permits from the Corps. The Corps would likely consider Wetland A a Smith, J. March 5, 2008 Page 4 of 4 Water of the United States. Federally perrnitted actions that could affect endangered species (i.e. salmon or bull trout) may also require a biological assessment study and consultation with the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service. Application for Corps permits may also require an individual 4-01 Water Quality Certification and Coastal Zone Management Consistency determination from Ecology. Please note that the findings of this letter, including stream classification and resulting buffer width predictions, are subject to the verification and agreement of local, state and/or federal regulatory authorities. Please call if you have any questions or if we can provide you with any additional information. Sincerely, Mike Foster Ecologist Enclosures: Field Delineation Sketch Wetland Determination Data Forms WETLAND DETERMINATION DATA FORM THE WATERSHED CONI PA N Y Date: _February 28, 2008 Project Name: Redmond Pac. Rim Const. Biologist(s): MF, GJ 750 Sixth Street South Kirkland, Washington 98033 (425) 822-5242 Fax (425) 827-8136 WETLAND? (YDESNO Data point: DP-1 Wetland # : A Data point location: S edge of parcel —9031 Do normal environmental conditions exist? YES NO Has ve etation, soils &/or hydroloy been sin anti disturbed within the Stratum: T=tree, S=shrub, H=herb, V=v►ne VEGETATION NO Dominant Species Stratum WIS Other Species Stratum WIS Rubus spectabilis S FAC+ Acer circinatum S FACU Ath riurn filix-femina H FAC Alnus rubra T FAC L sitchiton americans H OBL Oenanfhe sarmentosa H FACW_ prya tens ex nsa H FACW Percent of dominant species that are FAC, FACW or OBL 100 Vegetation criteria met? YES NO Notes: SOILS Mottles Depth Horizon Matrix Color tDisdnWProminem) Texture 0-161, B 10YR 2/1 None Loarn/Or anic Hydric Indicators: X Gleyed/Low Chroma X Sulfidic odor Histosol Other (list in notes) Notes: Gravel n-dsand mixed in to the loam matrix at and below 12 inches Surface satu ratio n?(D NO Depth to saturation 0" Depth of inundation 0" Depth to fr n pit 0" Flow? YE NO Channel? heet? HYDROLOGY Primary Indicators: {i required) X Observation of inundation X Observation of soil saturation X Water marks Drift lines or drainage patterns X Sediment deposits Secondary Indicators: (>_2 required) Oxidized root channels x Water -stained leaves _ Local soil survey data FAC-neutral test Hydrologic Criteria Met? YES NO Recent High (:��) rainfall: Very high Low Very low Notes: WILDLIFE OBSERVATIONS AND GENERAL NOTES Other present vegetation: ALRU, THPL, SALU, RUSP, SPDO, COSE, ACCI, PISI, PHAR, GL sp, OESA, ATFI, DREX, POMU, RUUR, RUAR, SCMI, TYLA, SASI, etc. THE WATERSHED COMPANY WETLAND DETERMINATION DATA FORM Date: February 28, 2008 Project Name: Redmond Pac. Rim Const. Biologist(s): MF Datapoint: DP- 2 Data point location: Do normal environmental conditions exist? YES NO Has vegetation, soils &Jor hydrology been sic— InIMntly disturbed within the Strarurn: T-tree. S=shrub. H=herb_ V-vine VEGETATION 750 Sixth Street South Kirkland, Washington 98033 (425) 822-5242 Fax (425) 827-8136 WETLAND? YE NO Wetland # : Near A 5 yrs? YES( NO va Or ur-1 Dominant Species Stratum WIS Other Species Stratum WIS Acer circinatunt S FACU Rubus armenlecus V FACU Alnus rubra T FAC Acer macro h llum T FACU Rubus ursinus V FACU Oemleria cerasiformis S FACU _Poi stichum munitum H FACU Rubus armeniacus V FACU Corylus cornuta S FACU Percent of dominant species that are FAC, FACW or OBI_ 25% Vegetation criteria met? YES(NO Notes: Addl. buffer veg. dE, TSHE, THPY, POTR, PRLA, ILAQ Depth Horizon 10" B Matrix Color 10YR 313 Soil Criteria Met? YES NO Notes: Mottles SOILS HYDROLOGY Surface saturation? YE NO Primary Indicators: (1 required) Depth to saturation '1 Observation of inundation Depth of inundation NIA _J Observation of soil saturation Depth to free water in pit NIA _ _ Water marks Flow? YES NO _ Drift lines or drainage patterns Channel? Sheet? J Sediment deposits Hydrologic Criteria Met? Notes: Hydric Indicators: GleyedlLow Chroma Sulfidic odor Histosol Other (list in notes) Secondary Indicators: (2 required) Oxidized root channels Water -stained leaves Local soil survey data FAC-neutral test YES(K) Recent High rainfall: Very high Normal Low Very low WILDLIFE OBSERVATIONS AND GENERAL NOTES Chorus frogs within wetland. Many Douglas -fir trees within buffer with DBH greater than 21 inches Birds: Rufus -sided towhee, sang sparrow, pine sisken, ruby throated hummingbird, mallards, stellars Jay, rub -crowned kin lets k THE WATERSHED COMPANY 750 Sixth Street South I Kirkland I WA 98033 p 425.822.5242 f 425.827.8136 watershedco.com Wetland and Stream Delineation Sketch (parcel numbers 102305-9247 & -9111) Site located off 148t' Avenue SE in the City of Renton Field visit on February 28, 2008 Prepared for John Smith February 28, 2008 .r J f,,._ • �+. .-uw•sa: -.ua� f;,►.. set_ -*+ems tip!+�:..c'�._wlta t- • v. .... :r ..T .... 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TA4y is J Uri i 11973 tv IMIUA suidltCr' To All oasssssts, muictime aad zdtetvattoms of two. 1111W an 22" a" d 11sy. 19" r iie,►) 7' Trxrz ar a'AMIN"i3suh. tvuafY er t;uc - WrAR tT I. tLTCAM mf txutet L. 71,7619771 i]ndel�ao leMrr,re sdfxnhfd iM MW alq tvKWlt ria utmis &A Imnbg larewaf_ ark • sheix afisot r4! d ebf ,Barr ss bee aad whmufy ter ud der. ier fie GIVr,Kwfkfmy 1�4Qdw.4flee Ly dr at � �'T/ `Js .�. F • J J•��,,,r J f Ji ey Y t� �Irr rf. ftw I r�klr%rej W 7Mtt3a ido jjE+f. r=' ��+r ,r BROOKEFIELD A PORTION Or THE NW 1/4 OF SHE .VE 1/4, SEG. 10, TW. 2Z N.. ROE. .5 E. W.M.. aTY OF RENIM MK =VNTYr WAS"INGTON lz= Dmx3opmm %," C= OF BOOM APPOOTALS PkIm ft 4� -- w FIMFN % OWM AM M"W= U8 WbtFWA L --,. 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"MmEms JOB NO. 0:20SSA_ 200083M705.001 0 FAd for Record at the request of KING COUNTY WATER DISTRICT NO.90 15606 S E.128TH STREET RENTON, WASHINGTON 98059 &N bT 1q, ;W Grantee(s): KING COUNTY WATER DISTRICT NO.90 AGREEMENT FOR EASEMENT THIS INDENTURE, made this % 10 day of _ AuGu-" , 2004, by and beta► n VJNG COUNTY WATER DISTRICT NO. 90, a municipal corporation of King County, Washington, hereinafter termed the "Grantee", and SBI DEVELOPING, LLC., A Washington Limited Labdity Company, hereinafter termed the "Grantors'; WITNESSETH That the saki Grantors for ONE DOLLAR ($1.00) and other valuable consideration, The receipt of which is hereby acknowledged by the Grantees, does by these presents convey, grant and warrant unto the Grantee a permanent easement for water mains and appurtenances under, through, above, and across the foilomrxj described property situated in ling County, Washington, together wath all after acquired trle of the Grantors therein. and more particularly described as follows• W N4 dw Page 1 of 5 EME TAX ORMM 09200 2DD OMM706.002 Easement No. 10-23-5-28 PARCEL_f3EMBIPTIOM The plat of Brookefield as recorded rn Volume — of Plats, pages through T, records of ling County, Washington That portion of the above -described parcel of land further described as folly vs: The East 5 00 feet of Lot 20 of said Plat; TOGETHER WrrH the West 5.00 feet of Lot 19 of said Plat TOGETHER WITH the South 5 00 feet and the East 10 00 feet of the South 25.00 feet of Lot 14 of sold Plat; TOGETHER WITH the North 5 00 feet and the East 10.00 feet of Lot 13 of said plat - TOGETHER WITH the East 10 00 feet of Lots 11 and 12 of said Plat, TOGETHER WITH the exterior 10 00 feet of all lots and tracts, parallel with and adjoining existing or proposed public right-of-way, all withm said plat of Brookefte d The Grantorwarrants that their tide is free and clear of all encumbrances except (Throe blanks shawl be oWw fDW in end inftW by fhe Grantor ored out so pM*) If the property of the Grantors at the t me of granting this easement is unplatted but is plated prior to the recording of this document, then the Grantors do hereby authorize the Grantee to add to this agreement the designation (volume and page, etc ) of such plat. The Grantor acknowiedges that part of the considers ton being paid by the Grantee is for any and all damage resulting to or resutting hereafter from the possible interference of the natural flow of surface waters by Granteds digging of pipe lines which may disturb the soil composigon within said easerr)ent. The Grantee shall have the right without prior institution of any suit of proceedwQ at law, at such time as may be necessary, to enter upon the easement fbr the purpose of con*ucbng, repairing, altering or reconstruchng said water mains, or making any connecbons herewith, w4hout incurring any legal obligation or Rabil dy therefor, provided: (1) The Grantee, Water District No 90, will restore Grantors property to a eondibon as F �rraaee.dam�acanc Page 2 of 5 20040830000705.003 Easement No: 1 D-23-5-28 good as or better than the preys were prior to entry by the Grantee, Water District No 90, (2) The District will exercise its best efforts not to damage any prmrate impfovements on the easement herein, tact if rt does so, rt shall repay' and/or replace said rrnproverrre o; (3) Restoration, replacement, and repair shall be completed within 99 days of the date of any entry by the Dmtict and said restoration, replacement, or repair will be of a quality and/or quantity that is comparable or better than existed pnor to the Grantee?% DWncfs, entry upon the easement (4) The above set faith conditions shall apply not only to the wiitial eonstruc bon but also to any m-entry by the Water District that becomes necessary for repair and maintenance of the water Una on said easement (5) Any damage anchor removal of any ornamental tree, shrub, fence, or rockery shall be replaced within the aforementioned 99 day period by the Distnc L The Grantor shall retain the right to use the surface easement if such use does not lnterfere with the installation, repabtng, altanM or reconstructing of the water main PROVIDED, the Grantor shall not erect buildings or structures of a permanent nature on the easement during the eAstenc:e of said easement The easement, durmg its existence, shall be a covenant running with the land and shall be binding on the! successors, heirs, and assigns of bath of the partes hereto. t VtS,wna EM" 29 wd rates On Page 3 of 5 2DO408MD0706.004 Easement No .10`23-5-28 IN WITLESS WHEREOF, Uwe have set my/our hand(s) and seal(s) this Z 3� day of Au4US-T .2004. Member T STATE OF WASHINGTON) COUNTY OF KING ) ss. On this Z Nay of u4 r 2004, before me personalty appeared Garm 1�5 A - (and) 9 to me known to be the Manager andlor Member(s), respectively, of SBI ]DEVELOPING, LLC, A Washington Limited Liability Company, the Company that executed the taregomg Instrument, and ackriciwledged said instrument to be the free and voluntary ad and deed of said Company, for the uses and purposes therein mentioned, and on oath stated that they were autharwed to execute said instrument. WITNESS my hand and aff'iaal seal hereto of xed the day and year above written. NOTARY x Residing at: �0 My oomrnission 'ry'ik OF r�birsrn+++ s2eea,eoe++waar Page4 of 5 for the state of �J 92=06 20040830000705.006 EASEMENT NO ID-23-&M 27 1 28 l 25 1 24 1 23 1 22 4 21f a-i� 19 [! ■ Nam, z i 17 30 91 1 34 35 36 w i z 37 IL i 16 32 khl B ROOKEFIELD FLE F \21\XM\GCREIC9MT\DII0 PAGE 5 OF 5 1 I EASEMENT NO 10-73-�28 a 0 i par>k..r�..a<�.a '7 ..."r'�'.s" ;'.'��t ��ti'.'.r}:'._w?�r�*�•r. �::�..-Y:"'_. Law am saes p,w. ^. ', �.'Z1S1# Y$ " 1'�r Q y _N Q � C '•; . 3" Oft pan BoomrM Fu PeEmit Nnp*r: For Pimd Number: ....��I b a� �S_' �� .. , _ �.... Marc fully drscsbtd as [stsett o tzn) . AVII This p crntaias sesmura loess and/or sauitiva mca bufkss. as defitsrfl by the ti'sto$ , Caanty Assert Dtdiws s. = 21.S4. Tha ptwitdam of the Scam rises+ ,. Ora=nae apply * this pmpcq. Undmdon mar aunt an acam In or of sag tha scatsvc E um or their buffccs present an d& p Fot father inf x sag sack ; Smitidan. place tha Land ilsc� I?ivision of ibis Casty or its mcuar agency. Thh stouts dWI stun wills *a Lead and shaft not be n=vad a=pt upce ;w:ific +nftteu awizdan imarded haetn by KkS Como.jj W& th+�',2 � 1_ Yag tar f L. bast that I an the UW= of property. ka SUBSCRMM AND SWORN TO befize saa thus /7 day of L9 9 }r tzty PubUt in gad for the State of Wuismgtop, ttsidigg at r��rle-,li1W�Cf� d r - -. LEGAL, ; fi TIM SOMI tbi rtrT Or THE NORTH 990 PEET Of TH: HORTHCAST QUART£9 7r rKt: HOPTYSAST QUARTER Or 39CTICII 70r TgWNSNIP i] HORTB. PA%Irg S SAS`+, W.:-., ICI XLNG Cout Y. WASHINGTON; C%CEPt THE POL-09I1113 PLSCRIIILD POFTLON Or SAID PXCMUZI t 8tGlNh` ?I0 AT THE SOGTIILAST CORDER OF TN* •• NOAT11 455 rEET Or SAID NORTHEAST QUABTEBi TutscE WESTERLY TO TPE 51111 11IMST CORDER DIY THE PAST 393 PEET C!' TIIC NORTH $iS PEES or SAID sCIPTIMAST QUARTER; . THENCE SOUTHERLY 'TO T11f. SOl1T9; m COIfG=A OF THS CAS, 397 rEEr Of THE MORTa 990 rtIr Or SAID 3101ITlIZAST QUr<RTER; TkFNCC lASTERLY AL13110 TUC SOUTH inz OR THE HOTTER 9QO r>:>;T OF TAXI! MOPTIILJI3Z QUANTEE -TO TICE CAST LIMP Or SAID SUBDIVUllom; THSNCL 1{O8'TN xr.QY, SAID SV.DIVISION LINE TO 'ERE TRUE POINT OF IIEGrNNINQ. EXCEPT THAT PORTION MITC VITHIN 14011 AVENUE B.S. AND EXCEPT THAT P32TIO9 OF Alt'Y LYING st;7RxH THE 59UT8 10CAES or SAID HORTIiLAST QUARTER OF THS' HOICCHi QUANT'ER or SAIA src7jlojf. r..v.....s...... Wnn.�fa*+r�+•� f . � ._ _ rk �i,. ikT'vi '. i`;. .,: L•i.____ _ .ice � 20040901002378.001 Return Address: pity CIS 's Off1SR City -of Raton 1055 $. UE4y„Way Renton WA _98055 �.e��.��rs...e..WA.SHiNGTO]1ISTATERFC'_fiRn�'.'R�S�''N„orCl,�► ro.wc,.. Docament Title(s) (or smsac,tow comer v ed 9=,) (all em aq*xa is toyw6xOn=tMuA he mtld en) I ►'Ec�k► a meki air COVr-MA US. _ - rtc czTs�oxSS 5 - �.tr5 F S e 116 —LA Nlc RefavateNumber(s) ofDocuments assigned or released: Add=ai rcftmce O's on page ofdocvmed Grautor(s) (Lest name► fist name, m*sb) I = Ad&WMQ names on page of dccamcat Grantees) (Last nemc Est. than first Herne and =ULU) z Add3ImonaZ331f oa on pegc — of t Lepl description (abkmated t e lot, biookPlat orsmtxm. ttwashtp, rwW) Addit,oa kpll 3s on page Ift_ of docowneat Assessor's Property Tax ParceVAccount Number ❑Assam Tax# notyeam ed The AnaoVRtmder wzp rely on the mfommhon pmvtdcd an the fora ne staff wZ not read the dommwzt to v fire or letcness of n3fomupoa idcd bemm 1 am requeshng an emtzgeacy nortstaadard recording for an addtdonal fee as provided m RGW 3619010 1 understand that Lbe recording procesmg regmr=ents may cover up or othemse obscure some part of the text of the cmgmal document. Signature ofRegncstiug Party 20040901002378.002 AYM RECORDING MAM TO: City Clerk's Office C3.ty of Renton 1055 S. Grady Way Renton. WA 98055 DocumentTWO: tryommmed } DECLARATION OF COVENANTS, CONDMONS, RES'TRIMONS, EASENKgTS AMID RESBRVAnONS Reference NambWs) of Daanments assigned or releaW-. Additional uumbm on pages _ of dacumctit Grantor(* aAw name first, thm name and emais) SBI DEVELOPING, LLC, a Washmgton Limited Liability Con;wy Grantee(s): OAsst name &st, then mK= and xnUlala) BROOKEFIa D AddmoiW r== on page of docum mt AbbravlaW I4si DwakAm as follower G e lotdo dpbat or wc4o®loawwhmftnW wterl Lots 1 through 47, Tract A, Bmokfield, King County, Wgshmgtm —X,,._ Campleto lcgaI desmpuou is on pogo 39 of docununt Assessor's Property Tax ParcSeUAmunt Number(s): 102305-9101.-05 102305-9241-05 102305-9330-08 I02305-94004-09 2004VM002M.003 WHEN RECORDED RLMURN TO Nelson Legal Semce% P S 102 North Mendian P a. Box 217 Puyallup, Washington 98371 DECLARAMN OF COVENANTS, CONDMONS, RESMCTIONS, EASEMENTS AND RESERVA'I',iONS 1 ' :I' Imt �IM OF BROOIFIFLD 24040941OO=.004 TABLE OF CONTLfiM FOR DECLARATION OF COVENANTS, CONDMONS, RE3TRIMONS EASEMENTS AND RESERVAnONS OF BROMFIELD McnoN & McRlvn4N _-- _ _ _ PAGE ARTICLB 1 Defimtaons .... ... 4 ARTICLE 2 Managemeet Rights of Declarant Dmmg Acveidpr=t of the Property. .. . .. .. 6 ARTICLE 3 Deed and Dedication of Common Areas . .. ... ... 8 ARTICLE 4 DwdtmdDecbcsuon,ofEasemcats ,.. ... ...... ,.,. 8 ARTICLE 5 Admaresawon and Use of Com=u Areas & Cvrzn= Mamunance Areas . .. .. 9 ARTICLE 6 Mawtmanx of Common Arras & Con mon Mwntenance Areas & Delegation of Mmu gaDmi l i ARTICLE 7 Assessmcnts .., .. .. . .. 13 ARTICLE S MamtcamceofLots .. . .. .,. _ . 17 BROOD OURS Page 2 &oabalW PA CCAft MIN doe 2004090100237&WS �4411-MY.441ORM ARTICLE 9 Homcown= Ass=puon .. ........ , 18 ARTICLE 10 Management By Board . , 19 ARTICLE 1 I Land Use Restrictions , , ... 22 AR71CLE 12 Bwxlchng RestricUms... ... .. .. 27 ARTICLE 13 Ut,hues.,. ,. ... . , ,. 29 ARTICLE 14 Ardutec� Contxnl .... ... ., 29 ARTICLE IS Condemnaton .... ... 33 ARTICLE Ib Mortgagm?rowchon ...... ..... .. 34 ARTICLE 17 General Provmons ... ...... ... 35 SIT "A" Legal Desmgtion of plat .. 39 BROOKEFEa D CC&Rs page 3 auMMcc&rtasJrwckm ,T!7r12Isl��%!S�t:� 1iT DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, EASEN.[LNTS AND RESERVATIONS FOR !L A 13-1 D 4 KING COUNTY RECORDING NO. TMS DECLARATION is made on the date hereinafter set forth by SBI Developing, LLC, a Washington Limited Uab hty Company, f"Declarant"), who is the owner of certain real property situated in the state of Washington, county of Krug, ]mown as "BROOKEFMM* which is mom particnlmdy lcgally described on the attached Exhibit "A' In order to msara presavatson of the }ngb quality residential. environment at BROOD. Declarant agr+ = and covenants that the land described on the attached Exhibit W, and such improvements as are now eustang or hmeaftw couWacted thereon wcJl be held, sold and conveyed subject to and burdened by the following covenants, coacbtions, restrictaous, rmraticm. hramtatlons, horns and easements, all of which am for the purposes of enhancing and protecting the value, d=nbihty and attin,ctiveriess of such lands for ft benefit of all of such lands and the own= thereaf and their heirs, saccessoaa, grantees and assigns All provisions of this Declaration shall be binding upon all pares having or acqumng any right, tithe or interest in such lands or any portions thatd and shall inure to the benefit of each owner thereof and to the benefit of the Brookffield Hcmeownea' Association and shall otherwise in all respects be regarded as covenants running with the lend. ARTICLE 1 DEFINITIONS For purposes of the Declamation and ibe Articles of Incorporation and the Bylaws of the Brookefield HorneowneW Assflcsarion, m1mia words and phrases shall have particular mcanmgs as follows Sectign 1 1 "Association" shall mean and refer to the Brookfield Homeowners' Assocmtioa, a Washington non-profit corporation, its successors and assigns. BROOK UW.D CC&Rs Page 4 E►a kCnrMialtt CARS 06130# doe 20040501002378.007 Smog 12 "Member` shall mean every pmwn or entity who molds membership in the Association Lj"Board' shy mew and refer to the Boated of Ihrectots of the Association, as provided for to Article 10 For purposes of exemsnng the powers and dunes assigned in this Decl uvtton to the Board during the Development Penrod, this term shall'also mean the'Temporary Board" or "Declarant" as provided in Article 2 unless the language or context clearly indicates otherwise Se ctran 14, "Pmpexties" shall tn= and referr to the man property described with particularity in Exhrbit"A" on 1.5. "Common Areas" & "Common Mwntenance Areas" shall mem and refer to all of tine real property (includmg the mVrovement$ thereto) owned, inamtauned or leased by the Association, or in whrch the Association has an easement for the common use and enjoyment of the members of the Aw=ahon, mcluding but not limited to tracts and easements dedrested to the Association on the face of the Plat and/or in this Deckintion Seri `Tract" shall mean and refer to the following (a) Tract A to be owned and msmt naed by the Association for storm detention purposes 4wznerslup and matntenanoe (including all private storm drain and detension facilities) of said Tract shall be the responsibility of the Homeowners' Association. In the event that the eowam' Association is dissolved or otherwise fails tea meet its property tax obligations as evidenced by non-paynmt of property taxes for a period of eight m (1 S) months, then each lot in the plat of Brookehold shall assume and have an equal and undivided ownership mterest rn the tracts pmviously owned by the F[ameowners' Association and have the attendant financial and xnairitm=ce responsibhit m &ctiga 17. "I.ot" shall mean any one of the 47 lots numbered 1 through 47 of Brookefield Tracts, Common Arm and Common Marriteruw= Arm shall not be reguded as Lots; Se4MO-18,R "Dedlarant" shall mean and refer to SBI Developing, LLC, a Was1iington l=ted liability company Semon.1.9 "Architectural Control Committee", "Committee" or"ACC" shall mean and refer to the corninittee duly appointed or elected as provided in Article 14 of thus Declaration, hercina fter referred to as the "Committee", &gj!9n 1, JQ- "Development Pe nod" "mean and refer to that period of time as ddmed m Article 2 of this Declaration; BROOE EFIELD CC&Rs Page 5 RM*& MU eMrr%osua4 ax 20D409M tiOM8.008 Section 111. '"Plat" shall [near and refer to the Plat of Brookefield as approved and ret;orded in King Cotmty, Washington as d%mbed in Exhabit "N , Sectim 1 "Residence" shall mean and refer to buildings occupying any Lot; 5emn l a "Owner' or'7 4 Owner" shall ratan and refer to the record owner, wheel= one or most persons or entities, of a fee ample title to any Lot which is a part of the Property (but excluding those persons or en4ties, such as real estate contract sellers, having =ord title aianely as se=ty for the perfommce of an obligation, or the Parchaiser under a real estate contract prior to the issuance of the fuiftlin= dead for the contract; Section 114. "Federal Mortgage Agencies" shall mean thosa fW rd ageucaes which may have an mterest in the properties, such as the Federal Housing Ad muustmuon, the Vcteram A.daumstiation, the Federal National Mortgage Association, the Federal Sonic Loan Mortgage Corpta anon, or the summors to thair interests Station_ 1_1S_ "First Mortgagee" shall mean a lender who holds the first mortgage on a lot and who has nott5ed the Association in writing of its holdings A 1]§- "Declaration" shall mean the covenants, w% itions and restrictions and all other provisions set forth in this Declaration, as they may from time to tune be amended. "hbr%age" shall inmAe a deed of trust or other se=ty mata ment ARTICLE 2 MANAGEMENT RYGIM OF DECLARANT DURING DE'VELOPMNENT OF THE PROPERTY Semcm 2.1 71io Em cg The meal property which is made subgect to this Declmation is described on Pai ibit "A" Sec o2 hbnjg—ez rit by the Dxlaraat Developnient Penod shall mean that period of tame from the date of recording of the Declaration until (a) the We five (5) years from the date of ieconhng this Declaration or (b) the thirtieth (30tb) dray after the Declarant has traiasferred title to the purda = of Lots represaiittng one bundred pent (10D%) of the voting power of all Lot Owners as then constituted (so that Declarant no longer is entitled to vote either as a Class A or Class B member of the Association pursuant to Article 9, Section 3) or (C) the date on which Declarant elects to pertly rebngwsb all of Declarant's authority under this Article 2 by written notice to all Owners, wbicia w date first occurs Notwithstanding anything m this Declaration to the coat a y, until terirninatiom of the Developnwnt Period, either upon the sale of the required number of Lots, the expiration of BROOKEF ELD CWa Page 6 Bzaa1aS pw CCMs 061W44W 2004090100237&009 five (5) years, or at the election of the Declarant, the Property and the Assoctabon shall be managed at the sole discretion of the Declarant, �3 Notee 1p Owners. Not less *= ten (10) nor more dm fimty (30) days prior to the tonxitrtation of the Development Penod, the Declarant shall give wnttaen notice of the termination of the Development Pend to the Owner of each Lot Said notice shall specify the date when the Development Penod will tm mmate and shall further notify the Owners of the date, place and time when a meetmg of the Association will be hold The notice shall spxfy that the purpose of the Association meeting is to elect new Offwess and Directors of the Assomation Notwithstanding any provisions of the Articles or Bylaws of the Association to the contrary, for the propose of this meeting, the presence, either in perstm or by proxy, of the Own= of five (5) Lots shall constitute a q orwm The Board of Directors and the officers of the Association may be elected by a majority vote m said quo = If a quorum shall not be present, the Development Penod shall nevaitbeless terminate on that date specified in said notice and it shall thereafter be the responsibility of the Lot Owners to provide far the operation of the Association Proper notice shall be deemed to have been sent if said notice is sent in the manner described as proper notification in the Bylaws of the Association, Section 2 4 AZMU=Mt Declaranit may, m Declarant's sole. discretion, and at such trines as the Declarant deans agpropnate (including in the Articles of Iocorporanon of the Association, rf the Declarant is the hx*rporatarr of the Association), appoint three (3) to five (5) petsone who may be Lot Owners► or are mpreseotatives of corporate entities or other entities which are hat Owner, as a Temporary Board This Temporary Board shall be for all purposes, the Board of Directors of the As socixttou, and shall have full authority, after approval is granted by the Declarant, (including the authority to adopt or amend the imttal or sobsegiieatt Bylaws of the Association) and all rights, responsibilities, pnydeges and Mies to manage the Property under this Declaration and shall be subject to all provisions of this Declaration, the Articles and Bylaws After selecting a Temporary Board, the DechraK in the exercise of the De clariittt's sole discretion, may at any tie tm amata the TemporaryBoard and reassure the: DeArant's management authority under Article 2 or select a new Temporary Board under this section of Article 2, 5�2-5 Decl_a= AuthM!y If No T __ Board So long as no Tcinporzy Boud is mamaguig the Property or until such tithe as the first permanent Beard is elected, should Declarant choose not to appoint a Temporary Board, AecIw= or a managing agent selected by Declarant s1ial1 have the power and aardranty to exercise all the rights, duties and functions of the Board and generally exercise all powers necessary to carry out the provisions of this Declaration, including, but not Iinvted to, enacting reasonable admimstiative rules (and a fine and due pig system for violabons thereon), connecting for required strviccs, obtaining pffiVwy and liability mau mc:c, collecting axrd expm-uhng all abssessromts and Association fiords, and enformg this Dcciaration (including foreclosing any liens provided by tins Declaration) Any such managing agent or the Declarant shall have the exclusive right to contract for all goods and sea ms, payment for which is to be made from any monies BROOD CC&Rs Paige 7 Hao BM XAIt'j 063104 sw 2004090400"78AID collected from assessiverits In the event first Association expenses exceed assessments, any monies pmvided by dw Declarant fvr Association expenses that would otherwise be paid for out of Association assessments shall be cWMdered a loan to be repaid to the Declarant through regular or special assessments from the Association, together with interest at tweWe percent (I2%) per annum, &9M16- P These rests and covenants are glade to insure that the Property will be adequately adminastered in the initial stages of development, and to any future additions, and to > an orderly transition to Association opmations Acceptance of an interest in a Lot evidences acceptance of this managem=t authd ray m the Declarant, and, on 2 7, lanai=t AUd=U of _I?eclaMt DwJaraart shall have the management authority grained. by this .Article 2 notwithstazang anything in this Declaration to the contrary Declarant, as the fxoerpvraior of the Assomation, may cause tho Assomtion to be immp%Wzd, the Temporary Board to he appointed either in the Articles of I ncor xmion of the Association or by separate written instrument, to terminate the Ted► Board and reassume the DwIn2 t'a management authority under this Article 2, reappoint successor Terinporary Boards, or take any other action permittedi by this Article. 2, all without affecting the authority given to the Declarant by this Article 2 to manage the Property and to organize the Association at the Declarant's sole ch=etron ARTICLE 3 DEDICATION OF TRACT Simon 1 DWication of Qmmon &M Upon =ordmg this Declatration, the Decimut hemby gnints, transfers, quit claims and conveys to the Association for the purposes as act forth on the face of the Plat, Mxct "A" the storm retention faciLty, reserving, however, to the Declarant fin the benefit of the Declarant, its successors and amps, those certain rights of vac, ingress, egress, occupation and control rnchc ated elsevs b= in this Deelarntton for the duration of the Development Period, at which time this reservation shall cease and there be of no fwther fmw and effect ARTICLE 4 DEED AND DEDICATION OF FASEM N7 S },j Coirvevance QfFasexnents_ Declarant hereby grants, transfers, quit claims and conveys to Association, utility providlers andicertam benefited lots for the use and enjoyment of the Association and the Owners all casements as shown on the face of the Plat, mcluding drainage easements, and all easements created heaein Private drmmge, private access and private utility eascits as described in basement Notes No 2 Rough 19 are BROOKEFUMD CC&Rs Page 8 BrDakc is pit ecaft 09IN doe 2C" A901o02378.011 reserved for the bewfit of Lots dieran described and said benefited lots dmU be responsible for the maintenance of said easements and the facilities installed theiem Nanexclmsrve perpetual easemerits running with the lmid arc bereby wed on each Lot over, under and across the utility easerents as shown on the face of the Plat" Easements arc hereby resraved for and granted to the City of Renton and ll mg County Water District No. 90 and/or f = assigns, and to all applicable public utilities as depicted and described on the Plat Aftbornel utility and other easements may also be recorded if required by governmental at tbmttes having junsdiction Within the boundaries of smd public utihty easement areas no structure, planting of trees or other materials shall be placed or permitted to remain m per the Plat conthtions The casement areas and all imp¢ovements thereon shall be maintained by the Owner of the Lot, except as to utility service unprovements Iocated therein, which are the responsibility of the utility entity owning such improvements Subject to the foregoing, fencing and landw4c plantings are permitted withm the easement area as per the Plat conditions Said easements are re=ved to and for the benefit of the Association, and maybe assigned and transferred by the Association to other appropriate persons or entities as deemed reasonably necessary by the Board in connection with the development of the Plat and the construction of dwelling structmrs on the Lots. Saxtoin 4 2 RXaEnt�iy Declarant. Declarant, SBI Developuig, LLC, is hereby gmnW and hereby resenu unto rtsclf, its heirs, successors and assigns a Perpetual, ion -exclusive easoinant on all private roads and easements as shown on the face of the Plat retatmmg the right to grant utility easements to any utility providers �WLgaA 3 ,Qntmgtios. Acgm—ss Lot 15 Dec] grant on behalf of itself, its suo ssom and assigns hereby approves access over, under and across Lot 15 to adjoining property to the East so long ea permitted by the City of Renton Declarant for itself, its successors and assigns bereby covenants and agrees to mare no objection to the use of Lot 15 for that purpose or for any other permitted by law including, without Iunmtation, development as a rosidential building site ARTICLE 5 ADNMQSMTION AND USE OF COMMON AREAS AND COMMON CE AREAS Swoon 5 I Every Owner shad have a 1/47th right and casement of enjoyment in and to the Common Areas which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by a real estate contract purchaser), to every Lot subject to the following provisions (a) The right of the Declamt or the Association to oMbhsh use and operation standards for all Common Areas to be bmdmg upon all Association members along with enforcen=it standards, BR00KE1xWW CC&Rs Page 9 &oa>adield �w �� �6il44doe 20040901002378.012 (b) The right of Declarant (during the Development Period) or the Association (after the Development Period) to suspend an Oww?s right to vote and to use any recreational facilities fbr any period durwg which assessments 09Mnst his or her Lot remam unpaid and for a period, not to exceed sixty (60) days, for any, and each separate, inf=tion of its published rules and regulations, (c) The right of she DecI=nt (dusaig the Development Period) or the Association (after the Development Pariod) to dedicate or transfer all or any part of the Tracts or Common Atm to any public agency, authority or utility for such purposes and subject to such conditions as the Declarant or Association, as applicable, may deem appropriate. During the Development Period, any such dedication or transfer of all or any part of the Tracts or Common Areas pursuant to this Section may be made by the Iwlarant m the Declarant's sole dtsmrton After the Development Period, no such dedication or transfer shall be effective unless an mstvment agremg to soch dedication or transfer► signed by the Qwivas of two - thuds (M) of the Lots, bas beat moos" (d) Any Ownner may delegate their right of enjoyment to the Common Areas and facilities to the members of their family, their Rants, or their guests, subject to the hmrtations set forth► above Sgoon 5 2 ft=moe Nothmg shall, be done or kept m any Common Areas which will increase the rate of nmsuranco on the Common. Areas or other Lots or Improvements without the prior watbcn consant of the Board Nothing &a31 be done or kept nn any Common Areas which will result rn the cancellation of snsma= on any part of tha Common Arras or which would be in violation of any laws or ordnnmwes. &,Jon 5 33= Aitaatiaai of Common Ana 14d Q=Apn Nlamtenance Areas Nothing shall be altered, or constructed in, or removed from any Common MmuUmance Areas except upon prior written consent of the Board There shall be no consWcbon of any kmd within the Common ,Areas except that community improvemerits may be constructed if two- thirds (2/3) of the members of the Association authorize, (I ) the constr=ou of such improveincnts and (2) assessments for such unprovemeots Also, any such iniprov=Mts would be subject to the acquisition of all required pemuts from governmental agencies This Section shall not limit or prohibit Declarant (and no member consent shall be necessuy), during the Development Penod, hoar constructing or altermg any such improvements to any Common Areas or Common Mi antonwice Areas, which the Declarant in Dedamrs sole discretion, deems for the benefit and enhancement of said areas and the Association m $0MI• Section 54 PMMMm Cgmmon AreNTmnicnarv-OiArnas No trash, construction debris or waste, plaint or grass cIippmgs or other debns of any land, nor any hazardous waste (as defined in federal, state or lucid law or regulation) shall be dumped, deposited or placed on any Common Areas, Common Mamteziance Aromas or Easemmits. The BROOKEF113LD CC&Rs Page 10 Bonakew Pjace-&XISOULU doe 2004OM t i78.013 Declarant, (daring the Development Period) and the Board thereafter, shall rain the rights forenfontmunt and initiation of penalties for violations of this policy, Section 5,5 f a rig an i F -nix No pe nmanent amctores or landscaping of any land, including fences, waHa or shrubs, may be built or placed wt&c any nght-of-way easeancnts, or other easeme= as delineated on the Plat except as deemed mate by the Board This Section shall not prohibit the Association from installing additional improvements or landscaping withm the designated Connnon Areas or Commm Maintenance .Areas, nor shall finis Section prohibit the installation of fences by 'Lot Owners on property Miles as may be ot}tenvise allowed m thus Declaration, nor shall tfus Section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration as to landscaping Also, this prohibition shall not apply to landscaping of front or side yard areas of Lots extending lip to the edge of flit curb or sidewalk in the public nght-ofway as f uner set forth in Article 11, Section 13 of thus Declaration ARTICLE 6 MAINTENANCE OF THE COMMON AREAS AND COMMON MAINTENANCE AREAS DELEGATION OF MANAGEMENT Secaon61 Mamtance 91 rg== AMs Manitenwice of the street lights located within the plat of Brookefueld, any other common sereas as shown an the Plat, and all improvements , shall be the sole responsibility of the Associaton and shall uuch4e, but not be bmittd to, maintmance of the Common Areas and Common Maintenance Areas. Notmthater4mg anyditrtg in this declaration to the contrary, the obligation to maintain and pay for the power used for the shut lights within the plat of Brooltefreld, may not be 84iiC, xW by the Declarant or Assocu tion without the vmmn consent of the City of Renton or its' successor in interest. All nutatenanc c of Lots and Residences located on the Props ty shalt be the sole obligation of the Owner, provided, however, the Association may, from time - to time, provide certain common mauntenaace of tots and Residences as may be detr=ned to be in the best interests of all Owners The Association shall maintain and regulate the use of the Common Arras for the benefit of each Lot within the plat and shall do all masonable thrngs newssarry to preserve and maintain the Common Areas for the purpose intended it sball be the responsibilrty of the Ammation to maintain anything that is desimated under Article 1, Section 1.5, and any improvements thee= to preserve the value of said Tracts for the use and enjoyn=t of the Members of the A,ssoaiation m accordance with all restrictions and lrmrtauons established for said Tracts dirough this Declaration, the regulations and ordcnances of King County, Washington, and all other applicable Bmtcs and regulations. The Declarant, during the Development Period, and the Hoard following the Development Period, aball have the exclusive right to establish use and operation standards for said Common Awls to preserve the value and dcsiraklity of said Common Area for the enjoyment of the Members of the Association Notwithstanding the foregoing, all costs and BR(30KEMUD CC&Rs Page 11 arwccax), 06110+ax 2DO40MOO237SA14 expenses paid by the Declarant rn omriectnon with the maintenance and operahozn of the Common Areas shall be neimbmed by the Associaton from the initial general assessments desmbod in Article below, gecton 6 1 &IgMabon tQ M"tm_ The Association shall always have the responsibihty to maintain the plat drainage halities and emergency aoeeas marls unless those improvements are deeded or sold to a government agency that assuvw the maintenance responsibility won 6 3 &or Qf Common Areas and Commsrn 1V1 ptenance Arm Any damage to the Ca moni Areas or Common Maintenance Areas or improvements th=on, including tandscVmg plmruings, st ect lights, harms, etc, by the Owners or tfrerr children or guests shall be repaired within one (1) week by the Owners who (or whose childr+eri or guests) caused the darme ges. If the damage cannot reasonably be repaired within one (1) weer, the tame for the 4wnex to repair the Psopmaty shall be extended to the tzme seasonably oTured to rqw the Property, provided that tine Owner ptnmptlybe8ms, and &hpntly pmu=, the repair of the damage If such repines am not made timely, the Assomation shall execute the repair and the Owner will be obligated to immediately pay the Association or its designee for the repair If the Owner fails to pertly make payment for such sepaais, time Owner will be charged interest at the rate of twelve percent (12%) per annum on the paym=t due, the payment due shall be a personal habiltty of the Owner and the err mt of the payment due shall be, a lied on the Owner's Lot, S, r l Ludscave Mainftnarwe It shall be the responsibility of time Association to maintain the landscaping and entry monuments located at the entrance into Brwkefield, if any, and any landscaping improvements installed on the Tracts or easement eater owned or &drmmstr W by U Association. Seoon k,5 - No j=MMMU in.E99Mts or Tsacta. The Association shall not permit any structures, filling, grading or obstructEou to be placed beyond the building setbacks as provided for in this Declaraton or within the Tracts which aim in vioistion of any apph:cable iegolation orardumicae of King County No decks, patios, out buildings, or overhangs shall be perimtted beyond the building sedwk line, except as provided for in this Declaration. $ZtYon6 6- Mgwaw&W Each Owner expressly covenants that the Declarant, (during the Development Period) and the Board ther+caftnr, may delegate all or any portion of their management authority to a mnagmg agent, manager or officer of the Association and may enter into such nianag=ca contracts or other service contracts to provide for the maintenance of the Common Areas and Common Maintenm= Areas and any pot#on thereof Any n magement agreement or einployrnent agrmenient for the maintenance or manaageme nt may be terminable by the Association vathout cause upon ninety (90) days written notice thereof, the term of any such agreement shall not exceed three (3) years, renewable by agrxnacni of the parties for succtssive pesinds of up to throe (3) years each Each Owner is BROOiCEIiHULD CC&Rs Page 12 Meeldsb rm cCaRy 96114i Ate 20040MO02378.016 bound to observe the terms and conditzons of arty such mmnagement agremia mt or employment contract, all of which shall be made available for inspection by any owner upon request Any fees or salaves applicable to any such fit, employment or semice. ag memmt sham be assessed to each Owner A T14aE 7 A.SSESSNUMM &Mgn_21 ObhMon of Owners Ewh Ownerr of any Lot, by w"ptance of a deed thwvof, whether it shall be so expand its each deed, is deemed to covumt and agree to pay to the Assomation (1) annual assessments in such amounts as may be determmd by the Board as necaessary to satisfy the estimaud common expenses for the common areas and other property of the Association The amount of the common expenses shall be pro -rated equally among all Lou, (2) special asaessaissaits for capital miprovommits, (3) a one -tune initial assessment of $500 00 payable to Declarant, repseseating each Lot OwnWs pro -sate share of reimbursement to the Declarant for such sums advmxzd by the Declamt for Plat improvements, landwspmg, lighting, signage, fcucm& etc. plus (4) a sum represeribng the overheats of Due mmi for advancing andlor overseeing and detecting the same m amount repimmhng fifteen percent(15%) of such sums actually asW=xd by the Declarant, plus hnu=& at the rats of twelve pment (12%) per annsmi aoarumg dwreon from the date advanced until full rminburment is paid to the Declarant, and (5) any anessments matte by the Declaram lrus=wA to this Deciarabon No assessments shall be dues; and payable by Declarant If the Owner of any Lot fails to bmdy pay any asserts within thirty (30) days of the date spemfsed by the Association or Declarant (during the Development Period), the animal and special assessments, toged= with any interest, costs and any nasonabls attorneys' fees inomred in attempting to collect the assessmorit, shall be alien on the owneea lot and shall also be the personal obligation of the person who is the Owner of such Property at the time when the assessment feH due The personal obligation for dclhnquent assessments shall continue evert if the Owner subsequently transfers legal or equitable title to the Lot; however, the personal obligation for delinquent asseen=ts shall not pass to the dehngiierit Ownees successors in ownership of the Lot sinless expressly assumed by the sucocssor(s) The Association shall rc=d with the King County Recording Officer an acknowledged affidavit setting forth the facts of the assessment and tic delinquency and such recorded affidavit shall constitute lien on the owner's lot >mtil discharged either by paysl=t or foreclosed as provided for in this Deelaration, Sgn=72,The assessments levied by the Association shall be used excessively to (a) prorate the recreation, health, safety and welfam of the residents of the Property, and (b) for else miprovements and maintenance of the Common Areas and Common Maintenance Areas as provided in Article b, with the amount based upon the estimated costs as well as reasonable provision for rw ves, Sec= 7 3. Annual As is I Until December 31, 2003, the annual assessment shall be $200 00 per Lot except those Lots exempted in Section 1, up to twenty-five percent BROOD CC&R.s Page 13 trroaimEeJd PW CC&MI WI h04 coo 2004Q90I OMTSMI S (25%) of which may be allocated and paid to the Declarant for Plat mattagenmm services provided by the Declarnnt to the Association (or up to fifty percent (50%) if a professzmW managemmt firm is heed by DecImM Such ailocatton of feuds to the Declaiant shall cease when the Development Period exp:= and the Assoaation assumes c 9whon costs, bookkeeping and other management responsibilitics which are described with pm tculanrty in the Bylaws of the Association The bab = of the mmual assessment shall be used by the Declarant during the Development Pmod and by the Association thereafter for maintertarice, repair and other purposes permitted by this Declaration. with reasonable provision for reserves. The anneal assessment may be mmmsed (after December 31, 2004) duffing the Development Period to refled the mcm%d (1) maintenance costs, (2) iepair costs, or (3) Plat management costa All increases during the Development Pend must duutly reflect incmase in the above recited cosU During tlic DevelopmentProd, the Declarant shall have the authonty to reduce the annual its if econo=c: data supports such a reducbon because of reducxd inamitiv= costs or other aiihcipated A,sspcianon expenses (a) After the Development Period expires, the annual assessient may not be, increased each year more than ten percent (10%) above the rnaximum esseemient for the grmutis year without a vote of the meinbenhip pursuant to Section 3(b) of Article 7 of this Det;lar0tlon (b) After the ]ovelopment Period expires, de annual assessment may be increased by more thiiri ten percent (10%) over the previous yees maximum annual assessment only if Mv4ards (20) of the members of the Association, who are voting in person or by proxy at a meeting duly called for this propose, consent to such an mcrem (c) After the Developmmt Period expires, the Board of Directoa sha11 fix the axmnal assessment in accord with the above -reacted standards Scoo 7_4 S or QMWImgmmcats In addition to the anuuat aness=nts autharttred above, the Association (or during the DzvcIopn=t Period, the Declarant) may levy, in any assessment year, a common assessii W, applicable to that yeax only, for the pugxm for defraying, in whole or in part, ft cost of nay c. oostructim nwonsmiction, repair or mplaoenient of a capital improveintmt upon the Common Munteiimicc Aiwa not prohibited by this Declaration, mcludmg fix=n and personal property related thereto, provided that any such assets met for those capital miprovemmts or repasts exceeding $5,000.00 shall have the assent of two -thuds (213) of the members of the Association who are voting in pearmn or by proxy at a meeting daly called for this purpose 'hiss $5,000 00 threshold shall be incieased by five percent (5%) each year commencing in January, 2003. Only one such Special assessment of any land may be Ievied in any fiscal year and only one such assessinctit may be levied m any five year period for any project that is a contmuation of a project for which there has previously been a special assessment BROOIQffqE.D CC&Rs Pap 14 Rw*kc eid M 03 ay D611D4 doe 20040%1002378.017 . S�7 J Norte and Qum for my A090 of the AsN2ahon Wham notice of the Blair, day, hour and purpose of any meeting called for the purpose of taking action by the Associatxon as authorized by this Declaration shall be sent to all mmubeas not less than fourteen (14) days nor more this sixty (60) days m advance of the moenug, and in such minima as may be specified by the Bylaws of the Association At the first meeting called, the presewe of sixty percent (60%) of the members of the Association or of proxies entitled to cot" percent (60%) of the votes of the Association shall constitute a quorum If the required quo= is not prewar, another meeting may be called subject to the same notice requ ixement, the ngvrred quonim at the subsequent meeting shall be one-half of the required quorum at the preceding meeting in the event that a qwx= is still not achieved at the second m mhng, then the Declai'al dwmg the Development period, and the Board ihereaft, shall have the sole and exclusive attthonty to initiate a special assessment and carry out the capital improvements mare fully described m Seaton 7 herein without first obtaining the approval of the re pared member of members of the Association, SeMm 7 6 Uriiform Rat ofAssessment _ Both the annual and special assessments must be fixed at a wuform rate for all Lots, pmvidetl, however, that any Lot owned by the Declarant shall not be subject to any aswasinmts or charges described in this Declaration Assessments shall be collected on a monthly, bi-monthly, quarterly, annual, or ore -time basis as determcd by the Deelgrant during the Development Period or by the Board for periods thereail&, 7 7 t of AnmW Aaesm= Due Dates The %=W assess enb descnbed in ibis Article shall commence imnrdiately upon the closing of the sale of a home (sake of a Lot is excluded) to the initial purchasei: oriiport the initial occupation of the boar, whichever oomrs earlier The first aimval assessment fbr each Lot owner shall be pro -rated from the day that the We closed (oar the home was occupied) throngh the first clay of the first month WIfta the calendar month in which the Declaraw . is recorded After the Development Period expires, the Board ofDnectors of ttie Association shall fix the annual assessment 'Written notice of the annual. assessment shall be sent to every Owner subject to such assessments line dice date shall be established by the Board of Directors The Assocnation, or its agent, shall, upon demmid and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the aasmm=t on a specified Lot has been paid A Foperly executed certificate of the Associntion as to the status of assessments on a Lot is binding upon the Association as of the date of its issumce &MO 7.8 Effect of Non -Payment of Assessments: &meilies of ffie Association Any w=mwA not paid within thirty (30) days after the due date shall bear interest from the dice date until paid at the rate of twelve percent (12%) per amum FAchn Owner hereby expressly vests in the Declarant during the Development Penod, or the Association thereafter, or their agents the nghts and powers to bring all actions against such Owner personally for the collation of such assessments as debts and to enforce hen rights of the, Association by all BROOD CC&Rs Page 15 &00mw iM o at t aana4 &G 20p40901 Op2378.M B methods available for the enfoai ment of such ]leas, including fmcclosure by an action bronglit in the name of the Association in a like manner as a mortgage of real property. Such Owner hweby expresdy grants to the Declarant or to the Association, as applicable, the power of sale m counectton with such Lens The Beals provided form this Section shall be m favor of the Deckrarnt or the Association, as applicable, and each shall have the power to bid m an inter t at a fa=losure We and to acquire, hold, lease, mortgage and convey the same The Owner is responsible for the payment of all allmneW fees incurred in collecting past due assessments or m enformng the terms of assessment hens No Owner may waive or otherwise escape liability Poor the assessineirts provided in this ,Article by non-use of the Common Areas, Common Maiiitmiaace Areas or abandonment of his or her Lot The Association dtiall have the right to auspead the voting rights and enjoyment of Common Areas of an Owner for any period during which any assessment against the Lot remains unpaid thrrty (30) days after it is delinquent and for a period not to exceed sixty (60) days per uifr ton for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Assocsabm or of any official, published rules and regulations of the Association Spcticn79 Tha lien for musomts, provided for in this Article, shall] be subordinate to the hen of any first mortgage or first deed of mist ("first mortgage"). Sale or transfer of any Lot shall not affect the as anent hen However, the We or transfer of any Lot pursuant to a mortgage foreclosure cr any proceeding in heu thereof, or the first mo#Vp holder's acceptance of a deed = lieu of foreclosure, shall extingmsh the Lien created pursuant to this Article as to payments which become due pnor to sack sale or transfer. No sate or transfer, however, ahall (a) relieve such Lot Owner or Lot from liability for any asses=ents thereafter becoming dice nor from the heal da eof, nor (b) shall relieve the delinquent Ow= %m personal hdxlity for the amount of the payments which becam due prior to such We or transfer and the corks and attorasy's fees 10 Rxemitt ftpRg . All property dedicated to and aocepted by Iocal public m kmty shall be armpt fioni the assessments provided for in this Article Property and Lots within the plat of Brooltefreld owned by the Declarant, and all Comnmon Arras, shall be exempt f m any and all assmaneats provided for m this Dechratidni This Section sball apply notwiibstandtng any other provision to the contrary in this Declaration ,ago 71 t. lima ant by brclai yetg the Deot Period. Declarant, at its option, shall have and may exercise all of the rights and powers herein given to the Association. Such nghts and powers are reserved by the Declarant, its successors and assigns as provided in Article 2 Declarant shall have the nglit and option to assess Owners for actual costa m maintaining Common Areas, Common Maintaiance Areas and rights -of -way and to assess a Plat management fee during the development period BROOKEFMLD CC&Rs Page 16 BroakdM iw d Uri 104 doe 2DG40901 t10237UI 9 AR` 1C & 8 MAXN'L'ENANCE OF LOTS SxUon8l ExWnorMgunk;qancx 1UQwner I Each Lot madRem&= shall be maintained by the Owner m a neat, dean and sightly condition at all biases and shall be Xcpt f= of aecumcilat otis of litter, junk, containers, egmpmerit, building matenahs and orthcr' debris Each Lot owner whose property contains a perimeter fence installed by the Declarant shall be respomble for mwntenmace of any portion of the perimeterfeme that rams along their Lot boundary All landscaping areas, uicludmg landscapmg extending into the nght-ofway, shall be regularly maintained and trimmed to present a clean, neat and well-mamtained appearance All ref= shall be kept m sanitary contaners screened from the view of any Lo4 the containers shall regularly be c=pbcd and the contents disposed of off the Property No grass cuttings, leaves, limbs, braochm End other debris hum vegetation shall be dumped or allowed to accumulate one airy part of the Pmpeny, except that a regularly tended compost device shall not be prole tie& Sg=AL2 Vehicle BuIgnA pELjtamSL No Vehicle may be parked on any sidewalk areas or building Lots, except on driveways or parking areas which areas shall be hard-suzfaeed Only the cars of guests and visitors may be parked on the streets. All other vehicles shall be parked m garages or on dnveways located entirely on a Lot. No storage of goods, vebiches, boats, trailers, trucks, campers, recreational vehicles or other ecpupment or device shall be pemntted in open view from any Lot or nght of way. (Vehicles, boats, traders, trucks, camp= and recxeat arW vehicles shall be referred to as "Vehicles'? This provision shall not exclude parlang of up to two (2) automobiles owned or used by the Lot Owner on the driveway areas adjacent to the garages on the Lot This paragraph is also not meant to disallow pe m nt (more than 24 homs) pang or storage of Vehicles on the fats, but if stored, Vehicles shall be adequately scimned from the view of adjacent nghts-of way and Lots. Screening of such Vehicles must have the approval of tie Committee Upon 48 bouts' notice to the Owner Of RD ]mproperly parked Vehicle, the Board has the authority to ]lave towed, at the Owner's expense, any Vdncles, (except automobiles owned or used by the Lot Owners and their mvitoes and parked on the driveway areas or in the garage on the Lot), still visible from the right-cf--way or adjacent Rmdeacers that have been parked on any Lot or wrthm the right -a- way for more than 24 hours. Notwit wsiding the fomgomg. Owners who have viotmg guests mtendrng to stay m such a Vehicle may srcure wntten perrn=on from the Board for sm:h guests to parka the VeInvIe upon the Lot owned by the Owner fox a mw=um period of one (1) week Such a privilege shall only exist, however, after the written permission has been obtained fronn the Board, Section g 3 Eas=mtsfQLEqfomM_entPgRgMg Owners hereby grant to the Mwmanon an cxpmss easw=t for the purposes of g=g upon the Lots of Owners for the pa rpme of removing Vehicles or other sunilar obj" which aria parked or stared in violation of the terms of thts Declamon BROOKEFIELD CC&R$ Page 17 DMMkCftW?UtCCMr06zx04 &C 2004 OO237.oso Secto 8414. Lot Mmtenantx In the Association. In the event that an owner shall fail to mmrmn the cxmrtoi;' of his pmmses and the m7ovements mtuated thereon m a manner consistent with the maintenance standards of the Brookefield commmuty, including mnairitenaiice of landscaping requued m the adjacent right-of-way as set forth in Section 1113, the Board shall, upon mmipt of wnmm complaint of any Ow= and the subsequent mvcstigation which verifies the complaint, have the right t uo* its agents and employees to enter upon the offending Owner's Lot and repair, maintain and restore the Lot and extemor of the improvements on that Lot if the Owner shall fail to respond in a n=ner satisfactory to the Board within f"-five (45) days after mailing notice by certified mail to the last known address of the Owner The cost of such repair, maintenance or restoration shall be assessed against the Lot, and the Board shall have the right to cause to be recorded a notice of lien fear reasonable expenses, labor and materials fuzmsbed, which lien may be enforced in the manner provided by this Declaration for enfemment of liens for assessments SCMM 8 5 EQfWMMtDUAPLftZVd-0M=IPenodDuring tie Development Period, the Declarant may elect to exercise and perform the functions of the Board If the Declarant elects not to perform this function or at any time elects to no longer perform this function, the Declaram sba11 appmnt the Temporary Board to fummon as provided herein, ARTICLE 9 HOMEOWNERS' ASSOCIATION Section 41 Non-PzofttQMo=m The Association shall be anonprofit roiporration under the laws of the state of Washington The rights and duties of the mernbcrs and of the Association shall be goverried by the provisions of this Declaration, the Articles of hworporaaon and Bylaws of the Associamon and such other Rules and Regulations as the Association may hermafter adopt Se non 9.2, M rrship: Every pe>um or entity (including Dechumit) who is an Owner of any Lot shall Become a member of the Association Membessb3p shall be appurtenant to the Lot and may not be separated from ownership of any Lot and shall not be assigned or conveyed in any way except upon tbz transfer of title to, or a real estate contract veiidee's interest in, said Lot and then only to the t nuisferee of rather the title to the Lot or thin vendee's interest m the Lot All Owners "have the rights and duties specified in this Declaration, the Articles of incorporation and the Bylaws of the Association Sgs UM 9 3 Voting Rids, The Association shall have two (2) classes of voting membership Class A Class A members shall be all Owners, with ttte exceptions of (i) the Aeclataiit whale the Declarmt is a Cress B meinber, and (n) the Owners of Lots described as exempt in the Declaration Class A members shall be entitled to one (1) vote for each Lot owned. When more than one (1) pem m holds an interest in any Lot, all such persons shall be. BROOKEFXHI.D CCARs Page 18 irr kcficaapw[CU,&oaaiaas 2tlQ409t11 O023i8A21 members The vote for such Lit shall be exmxcised as they by "onty deeem ire, but an no event shall more than one (1) vote be cast with respect to any Lot, nor shall any vote be divWed When more. than *= person molds an t nb=t in any Lot, all such persons shall unanimusly deng naw (in wining dehvexed to the secretary of the Association) one of the persons (owning an interest 1n fiat Lot) to vote (m person or by pay) the vote for such 1,ot, Class B Class B member(&) shall be the Declarant (as defined m tills Declamation), and shall be entitled to are tliot and (1,000) votes for each Lot owned Any remaining Cass B membership shall, ceases and be converted to Class A mernbership on January 1, 2006. The voting rights of any Owner may W suspended as provided for rather in *n Doclaraaon, or in the Artmles, or in the Bylaws of the A,ssocianon. S 4, MQcUW Mbetmgs shall be conducted = accord with the Bylaws of the BROOKENUD Homeowners' Association ARTICLE 10 MANAGEMNr BY BOARD Section I01 Exora—tismofffiePe—v—e!Qymm—tPmQ.d Upon the expiration of the Declarmes mxue meet authority under ATbcle 2, all admtnistmve power and authority shall vest in a Board of one (1) to five (5) directors. The Association, by amendment of the Bylaws, may me rease the number of directors All Board positions shall be open for election at the Rest annual meeting after termniataon of the Development Period under Article: 2 Se=10_1 The terms which the Board members will serve arc defined in the Bylaws Seetaon 10 3 ?MM of the�atd. All powers of the Board must be exert W in aecoidance with the specifxcaftons winch are act forth in the Bylaws The Board, for the benefit of all the Property, and the Lot Owners, shall enfowt the provisions of tiers Declaration and titre Bylaws. In addition to the dutm and powers unposed by the Bylaws and any resolution of the Association that may be hereafter adsipted: the Board shall have the power and be responsible for the following, in a way of explanation but not lm itation (a) kooWe At such blocs as the Board deems appropriate, tite Board shall cause the Assomation to purchase and maintain as a conimon expense such polices of [lability and other insurance as tbo Board deems advisable The Board shall provide for the Associatton to continuously maintain m effect such casualty, flood and liability insurance and a fidelity bond Ong the insurance and fidelity bond requirements for a planned unit developmerti project established by Foderal Nahonal Mortgage Association, Federal IJomc Loan Mortgage Corporation. Veterans Admmistration, and the Govcmn=t National Mortgage Association, so long as any of them are a mortgagee or Owner of a Lot with the BROOKEFIIID CURS Page 19 %WkI&W?W0C&M 061IM dM 2004-0901 o02378.= project, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Asswmon, Federal Home Loan Mortgage Corporation, Veterans Administration, and the Government National Mortgage Association. The B oard shall obtain as of the date on which the first Lot is tramfhrred from the Declarant to an Owner Occupant, and shall maintain at all subsequent tugs, a general comprel=xve Iiability insurance policy inmring the Board, the Association and the dmcctoors and officers of the Association against any hab*ty to the public or to the Owners and their invitees or tenants incident to the ownership or use of the Common Am or Common. Area Improvements Said insmance shall be m an annowA demmiined by the Hoard but shall not be less than $1,00€1,fl00 00 covcnng aH claims for personal injury or death and/or property damage arising out of a smgle occurrence, (b) Lad aid Agwintm Semcm. Obtain legal and accounting services if necessary to the administration of Association affairs, adzYutustration of the Common Areas and Common Maintenance Arew or the enforcement of this Declaration, (c) I►launte= Pay from Association fiends, all costs of maintaining the Common Area' and Common Mabee areas, (d) MainMmM of Lot Subject to the requirements of this Declaration, maintain any Lot if such maxmtenance is reasonably necessary in the judgrowit of the Board to (1) protect Common Mamteaance Areas, or (2) to preserve the appearance and value of the Property or Lot The Board may authonz+e such mamtenanae activities rf the Owner or Owners of the Lot have failed or refused to perform mamtenanoe witlun forty-five (45) days (or =h othareasonable period of tine that sWI be detemmncd by the Hoard) after written notice of the necessity of such rowntenance has been delivered by the Board to the Owner or Owners of such Lot, provided that the Board shall levy a special assessment agasiiat the Owner or Owners of such Lot and the Lot for the cost of such mamtenance, (a) Discharge of Liens The Board may also pay airy amount necessary to discharge any lien, or enmubxar a levied against the entire Pxvpwy or any part therrvof wbich is claimed or may, m the opinion of the Board, constitute alien against the Property rather than nwdy against the interest tbesesn of particular Owners Where one or more Owners are responsible for the existence of such liens, they shall be jonitly and severally habit for the entire cost of d=hargng the hen(s) and all of arty costs or expense, uicluchng reasonable attorneys' fees and costs of tide search incurred by the Board by reason of such hen or heels. Such fees and costs shall be. assessed against the Owner or Owners and the Lots) responsible to the extent uncle responsality, (t) Utilitics Pay all utiirty charges attributable to Common Arras and Comrrion Maintenai= Areas, . (g) 5ocunty Pay all costs doomed appropriate by the Board to insure adequate security for the Lots and Common Areas and Common Maintenance Areas constituting the residential c omxr=ity created on tt Property, BROOKEKEI.D CC&Rs Page 20 erom�an,� cCsitYosiiw a� 2004Q80 OM78.023 (h) to Contract Have the exclusive right to contract for goods, services, maiatmanca and capita improv=cuft provided, however, that such right of contract shall be submit to the provisions of this Declamon; (i) Ummm=glgomm Am and Comm Mgmtmam Areas improve the Con u on Areas and Common Maintenance Areas with cantal improvements to such Common Area and Coma Mamtgia= Arras; provided that ail capital improvements are subject to the procedures set foith in On s Declazixtion, 0) Eater any Lot or Residence, when ze wnably necessmy, in the event of en=geaciea or in comxzbon with any maintenance, landscaping or construction for which the Board is responsible Except in cases of emergencies, the Board, its agents or cirip►loyees sball attempt to give notice to the Owner or occupant of agy Lot or Residence twenty-four (24) hmn prior to such entry such entry must be made with as ht& mconvemence to the Owners as prncticabk, and any damage caused thereby shO be repaired by the Board, at the Asaociation's expense, if the entry was dire to an eixmrgency (unless the emergency was caused by the Owner of the Lot entered, in which case the cost shall be specially assessed to the Lot and against the Owner of the Lot) If the mpam or maintenance activities neoeesitated by the Owner's neglect of the Lot, the cost of such repair or mainteimce activity drill be specially assessed to that Lot and against the Owna of that Lot If the eraergency or the heed for maintenance or repair was caused by another Owner of anodw Lot, the cost thereof shall be specially assessed against the Owner of the other Lot and against the other Lot, (k) Fromm i,iMm of Rides. Adept and publish any idles and regulations governing the members and their guests and establish penalties, including fines, for any infraction thereof, ¢) I]eclaration of Vac 4iiM�L Declare the office of a nie nbcr of the B oard to be vacant in ttie event that a member of the Board is absent from three (3) consecutive regular ineahngs of the Board; (m) EM2Lo3nmt of M Employ a manager, an independent contractor, or such other employees as the Board deems ncceswL y and describe the dirties of such employees, (n) Payment for ces Pay for all god and services required for the proper functioning of the Common Areas and Common Maintcuanee Arras; (o) impM Assessing impose annual and speaal assessments; (p) Bank Amunt Open a baA accamt(s) on behalf of the Association and designate the signatories requn%4 and, BROOKS JE,D CC&Rs Page 21 is P1u ti 061104&C 20UM1002378.024 (q) Rw=w of rgffln Duties and A Exercrsefarthe Ammaticm all powers, duties and autimly vested in or delegated to the Association and not reserved to the membambip by other provismom by the Bylaws, A3rticlos of bx=poratmon or this Declaration The Board shall have all powers and authority permitted to it under tins Declaration and the Bylaws However, nothing hemin contmned shaiI be conmed to give the Board the authority to conduct it bumneas for profit on behalf of an the Owners or any of them ARIICLE 11 LAND USE RESTRICTIONS SecgmI l .I_ L se AfL s All Lots within the Property dWI be used soieiy for private single-family residential purposes and not for bummers purposes, provided, however, that vathm such single fa=ly mmdmwzs the Owner(s) thereof may, upon format written apphcation to the Board, request percussion to opmi tc a licensed day care business The Board shag be authmized, but not obligated, to grant smh approval and such approval may only be greeted, in the sole disarehon d the Board IF 1) all applicable govearmnentsl zoning and land use cbmifrcatiom lawfully permit suer usage AND, 2) the business and Owner(s) are licensed by all applicable gommmaental authorities to operate such a day care business, AND 3) the day care busmen will be vpear cd only between the hours of 7 a.m. and 6 p m and only on Monday tlunugh Friday AND, 4) no more Beath four (4) children, m addhtion to those of the Owner's rnimedrate faimly, are enrolled in either a part or full time capacity in such day care AM, 5) the Owner(s) of such Lo*) operating such day care facAity will fully oversee, restrict and supemse all chddnm enrolled and will hinit such activities strictly within the dines of their iemdmwe(s) and Lots) and not outside the same AND, (6) the Owner(s) of said Lot(s) agree to indemnify and hold the Declacwt and the Association fully harmless from any and all habilrty and causes of action of whatever ]and ansing by virtue of she Owner's operiition of such a day care business AND, 7) the Owner(s) of said Lots) will provide the Association, prior to cvmrnencmg such business operations, and at all times during much business operations, with venficahfln of habrlity msmnnca coverage in an amount not less than $1,000,000 00 naming the Association and the Declarant and such other parties as the Assmation may deem appropriate as additional msmeds AND, 8) such operation does not interfere or odw ise violate any other provisions of this Declaration, including, but not necessarily hunted to Vehicle parking and signagc restrictions Should the Board give written authorization for such usage, such anthoaizotion may be revoked by at least five (5) days prior wntten notice delivered to Owner should the Owner(s) opomtuig such day care business fad to strictly adhere to the provmons contained within tins Declaration as well as any additional Rules and Regulations m4xx*d, from time to tune, by the Board Neither the Declmnt, the Beard andloor the Association shall be deemed to be a partner or lowt venturrar and/or have an imterG.st in such business operation to the cadent permission to operate such a day care business is authonzed. No otha business or oommermal uses are pemuitted except that nothing in this Declaration shall prohibit business or Baal activities within a re drnce which are of a nature that are not visible from the mtenor of the residence and do not create any BROOKEFEEI..D CC&Rs Page 22 &odmfCW iW CCaAY obi ties doe 2p040901002378.026 unreasozzable impact on the neighborhood either from traffic, parking, noise, signs, storage of mstCri81&, odors or offimvise Section 112 R=&Mgl ConditiM end Stmidards All residential stuaftm shall damply with the followmg conditions and standards- s. Private single-family residences shall cosiest of not less their ono (1) Lot and no Lot shall eves be further subdivided Each Residence most have a private enclosed car slit W for not less them two (2) can, provided that a portion of the mte nor of said garage may be improved and/or fhiub id for residential me by the Owner thereof provided that the exterior of the garage shall not be removed or otheranse mochfied so as to chmmatei the garage door that previously provided am= thereto No single strn u= shall be alter to provide for mom than one (1) family. Single level type residences (residences corimsbng of a one story residence or a residence consistitig of a basement and one story) shall contain at least 1,100 square feet Ma -level rmdences 0 e , tn-levels as that terra is used in the consn taon industry) shall contain at least 1,3W squaw feet, Two scary residences shall contain. at least 1,3W sguiv feet. Split-level remdeam shall contain at least 1,300 square feet, In computing the total square footage of a residence, the basement may be indlixded but garages andlor enclosed decks shall not be mcluded b All irosd yards landscaping: plans shall be submitted to the committee for approval All ftont yards shall be landscaped prior to isauanoe of a Certahcata of Oc pmcy AD lots ab l be fully landscaped within one growing season after pachase Sectionl! 33 Use of Lqt Nat To htukm With of OMM No Lot shall be used in a fashion wlvch uiireasauaably into*res with any other Owners right to use and enjoy the other Ownees Lots The Board, the Committee designated by it, or the Declarant during the Development Penod, shall determme whether my given use of aLot unreasonably interfem with those rights, such Bete rmm?tions shall be conclusive ► • • i . , : rid (a) No noxious or offensive activity shall be conducted on any List, nor shall anything be done or maintained on the Property which may become an activity or condition which unreasonably interferes with the rights the Declarant gives other Owners to use and eiloy any part of the Property. No activity or condition shall be conducted or maintained on any part of the Property which detracts from the value of the Property as a residential community No untidy or unsightly condition shall, be maintained on any property Untidy condrtians Shall include, but are not limited to, publicly visible storage of wood, boats, trailers, mobile homM recreatmal vehicles, disabled vehicles of any kind whatsoever, except where apectfically provided for said purposes by the; Declarant or the Board within the community, if at all, and landscaping which is not properly maintained The Board (or thie Declarant during the Developmciit Pen od) shall make the final deternunshon of any violations of this section, and, BROOIsEPIELD CC&Rs Page 23 R.Whawym CC&Ws WIN gbe (b) Notwithstanding anything in Section 3(a) of thus Article I I to the contrary, during the Development Period the Declarant may pe=A trailers ("temporary triiilas) or home(s), which may be used by the Declarant and its authorized iepreseittatives, to be placed upon Owner's Lots to faalitato the sale of the Lots and the consw-iction of rrsidtnces (and r=denco-a =ued improvements) upon the Lots. Socbl m 115 EMes As used m tins Declaration `Tenting" shall mean any bamer or wall other thm natural living organic vegetation inchuhng trees and shrubs Fences shall be constructed of cedar The maximum height of any fence located on any lot shall be six (6) fed and all fences shall be set back fmm the front wall of the house by at least 6-8 feet Perk=, walls or shrubs are permtted on side and rear propmTy lutes, up to the front wall (facade) the rmdmtW structure, to distance between the front Lot line and the front wall (fascade) at the garage of the primary Readdence, subject to (1) the approval of the Can =ttee and (2) determination whether such fences, walls or ahrubs world mtexf'ere with utility casements reflected on tha face of the Plat and othar easements reseeded eiscwhem in no event shall any faeces be allowed between the fi nt Lot line and the front wail (fascade) of the primary Rendm= No barged wire, chain link or corrugated fiberglass fences shall be enacted on any Lot All fences, open and solid, one to be cowUwtcd aecordtng to the design and material specifications as approved by the Committee prior to corisbuct►on ,won 1l 6 No MobilAor Tnulm No molnlc or " manufactured" homes, trailers, skructureii of a temporary character, recneaborts] vehicles, tent, shack, garage, bam or other outbuildings shall be used an any Lot at any time as 8 Raidence, eitba temporanly or perutaneutly. No vehicles parked in public ngltts-of way may be used temporarily or permanently for rendential purpom S—wh9A 117. No oil dulling, ml development operations, oil m intng, quarrying or rwnmg operation of any land shall be penmtted on or in any Lot, nor shall oil wells, tanks, turmels, mineral excavation or shafh shall be permitted on or in any Lot No derrick or other structures designed for use is boring €or oil or natural gas shall be dieted, maintained or permitted upon any Lot Oil storage for rmdential heating purposes is permissible if the storage tank u buried, any necessary permits are obtained and rho stome comphes vnth all applicable anviroanauental laws, rules and regulations Secttog I a. Building Setbacks No strucwra shall be located closer to the front line or near to the side stint line than minimum dwelling setback lines required by relevant public zoning ordinances or by this Decllaramm For the purpose of this Declaration, eaves, steps, chmmeys and open porches shall not be coraideered as part of the dwelling. Mvided, however, that this shall not be oomidered to pewit any portion of a dwelling oa a Lot to encroach any required setbacks by local codes, or to encroach upon another Lot or upon any easemmu indicated on the face of the Plat or as otherwise recorded, or upon the Common Areas or Common Mamteimce Areas In no event shall any structures violate any provisions BROOKEFMLD CC&Rs Page 24 &a a&MMWCMG 46L204doe 20040901002378.027 of any zoning oxYirnance, or any specific setbacks as set forth on the recorded Plat map, or any setbacks imposed through the establishment of easements for utilities or access. .SLx&om 119 =L No aigns, billboards, or other advertising struchires or device shall be displayed to the pubhe view on any Lot =W one (1) sign not to exceed thm square feet m area may be plated on a Lot to offer the property for sale or tent and with the exception of any entry monumentabon and signage which may be installed by the Declamit Political yard signs, not morn than throe (3) square feet in area, of a temporary nature, not to exceed sixty (60) days, w1B be allowed during campaign periods on Lois Within five (5) days after the date of the ciccuon to winch the sign refers, such signs must be removed from Lots This Section 119 (imcludmg, but not limited to, the restrschons on the number of signs and the sign size limit) shall not apply to signs approved under Subsection (1) of Article 11 by the Declarant during the Development Penod. (1) The Declarant may establish, for the dmm ton of the Development Period, signaga gufdehnes and standards for Lot identification signs, realtor idcntihcahon sighs, "four sale" sighs and oilier rig aV that may be placed by patties other than the Declvant on any part of the, Tots within Brookefield, the Common Areas, the Common Maantenaaica Arras or public rights -of --way. The Declarant may also develop an overall theme for sigiuV within the prolcc4 including specific requirements for physical sign instellat<ons and size requirements, which them wall be the established gmdelines. and standards for signage in Brookeheld during the Development Period. (2) During the Development Period, the Declarant shall have the sole and exchisive right to approve, in the Declarant's sole discrewn, any and all signage installations within any pant of the foal property encompassed within the plat of Brookel`ield, including the adjacent nghts-of way Every Owriex of a Lot in Brookefield and any builder or real estate agent on behalf of an Owner, shall submit any Proposal signs to the Declarant for approval prior to mstallafton of the signs (3) During the development pemd, any signs not sp=fically approved by the Declarant found anywhere within Brookefield, the Common Areas, the Common Maintmmee Areas, on any lot, (or any other portion of the property identified on the attached Exhibit "A"), or on adjacent rights -of -way, may be Fwgdy mwved and disposed of by the Deelsr nt The absolute right of the Declarant to remove umutbormed signs from the Property or adjacent nghts-of-way specifically includes, but is not limited to, the Declaranes fight to remove any all signs placed by real estate agencies flr their repmsentattves, mcluding temporary madcr board signs and other signage installations (4) No person, including but not lumted to, the person or ptnons owning any inteanst in the sighs removed, shall be entitled to compensation of any kind for eign(s) removed by Declarant pu meant to this Svc -ton. BROOKEF931D CC&Rs Page 25 maws HrMan 061Ic+aeo 20040901t)02378= (5) The Board may cause any sign placed on the Pmpmrty or any adli icent nghts- of-way, in violation of this Article 11, Section 9, to be rammoved and destroyed without compensation of any land to any one mcludmg, but not hmitcd t% any pm w having an ownership mteirst m the sign Thus Soetiori shall not apply to signaga p1wed by Dtclarant (see Section 9(d) of this Article 11) (6) Additional mpage may be rnsmUed by Declarant darmg the Development Period to promote the We of Lots or houses and to promote Declarant's project and company and representatives. NoMIlistandmg anything m this Section 9 of Article 11 to the contrary, sips placed by the Declarant shall not be subject to any sign restx oums. IU Declarant shall not be subject to any guxkJumes or standards established by Declarant for ofl= parties pursuant to this Secti on 119. (7) Under no cmcwamstanm shall the Declarant be liable for, or be required to pay, for all or any part of the coiist uctton, installation or mxntenanc a of any signs which are placed upon any Lot riot owned by the Declarant, Section i1.I0, Am-mals. No ammals, except dogs, cats, cagod birds, fish m tanks, and other small household pets, will be permuted on Lots. Dogs shall. not be allowed to rim at large or to create a disturbance for other Owners in the Plat No animals will be allowed to be leashed, chimed or othmrweise tied to any portion of the f=t or sides of Resider)=. All owncm their mwees and tenants shall comply with all Sovmmmerita] ordinances regarding animals on therr lots or in the right-of-way and the Association or any owner may enforce, to the extent pitted by law, those goveriimmud ordinances and regulabous by means as set forth m this Declaration AH pens and enclosures must be &=erred from view of other Residences and Lots and must be approved by the Com=me prior to constriction and shall be kept clean stud odor free at all tinma If the investigation of the Board indicates that a3 =Is arek* in violation of this Section, the Declarant, durmg theDevelopm mtPeriod, or the Board the ter, will give the Owner ten (10) days written notice of the violation Such violation must be remedied by the Owner within such ten (10) day penod Failum to comply with the wnum nou= will result. in a fine of $25 00 per day Any fine imposed by tins Section, shall be the personal obligation of the fined Owner and a hen on the Lot of the fined Owner The Association shall be entitled to attorneys' fees, costs and expe axes for any action takers to collect such fines m accordance with the provisions of this I]cclaratron &gpw I I I- DDn=Ws All driveways shall be paved wzth concrete, runless otherwise approved by the Committee. ,S=on ILI anon ofUX_PA RespMbilttes- Any Owner may delegate, to members of his family or his tenants, in accordance with the Bylaws of Brookfield Homeowz n rs Association, the Owner's right of enjoyuiem of Common Areas and Common Maintenance Areas In the event an Owner rents or leases his property, a copy of On Declaration, as well as any idles and regulations that may be adopted by rho Association, shall be made available by the Owner to the prospective renter at the time of =nmitment to the 13ROOKEFEM CC&Rs Pap 26 a pit CMrk asua ax 2004090100 L„ • 8,= recital agreement. Each Owner shall also be responsible for infor=g guests and service personnel of the conteias of this Declaration, as well as any talcs and regulation that may be adopted by the Association as they may relate to appropriate cormnuAity behavior Ewb Owner personally, and the Owner's Lot, shall be raponsible for any damages to any Corn mon Areas and Common Maintenance Areas (or any other am maintained by the Associaahon) or to any other Association property, whether real or personal, caused by an Owner, the Owner's family, guest, tenet, agent, worlanan, contractor or other licensee or mvitee. The Association shall have a lien upon the Owner's Lot for the amount of rho damages. Sgggon 11.13 Lgnd%=MS2 daak 7be entire fmnnt yard landscaping shoWd be installed prior to occupancy (weatherperinitting) The entire landscaping, including thie remaining portion of the side and tear yard, sal' l be installed within twelve (12) months of the issuance of a Certificate of Occupancy Each Lot Owner d mB be responsible for mstallmg and mauftmng the landscaping within the adjacent right-of-way if inclement weather conditions prevent the timely installation of said landwgnrng unprovements for either front or back yard, the Lot Owner mast make application to the Csiin wttee for an extension of time until weather conditions sufficiently improve. "Flom yawl" shall be defined as the lot area extending frown the front property line back to a line menured parallel with the ftnt property line which would coincide with the front wall of the main dwelling on the Lot, exclusive of any garage projections. The front yard laudscap ing shall include all of tic adj scent street znght-of-way along the Lot fivntage and side frontage out to the edge of the curb or sidewalk m the street Each Lot Owner shall be responsible for Ong and maintaimng the landscapmg vntbin this adjacent right -of way, except as otherwise provided above ; on i l m 'line Height No tree or other vegetation shall be allowed to grow toa. heaght of more than 25 feet above the adjacent ground unless the CominiUm determines that increased height would not have a material advem affect on the view flora the other lots The Associawn shall specifically have the right to trim offending tires and vegetation at the Owner's expense after reasonable notice ARTICU 12 BUMDINO RESTRICTIONS mM 1 BM ng Materials I All homes constructed on each Lot shall be built of now materials, with the excephoci of "decoe items such as used brick, weathered planking, and similar it=& The Comrarnce will determine whether a used material is a `decor" item In malang thus determeination, the Cam- wh-. will consider whether the matenal harmonizes with $esthetic character of the plat of Braokefield development and whether the marina] would add to the attractive developmait of the subdivision. All roof's are to be cedar shake, concrete or masonry We oz dimensional composition with a minimum 20 year warranty All BROOD CC&Rs Page 27 &Q0h6fi"PW CCAft 0611" 4M 2004090100.2= 030 siding and trim are to be ro-sawn wood andlor verti=l or hmu mtal "L? type siding, brick, authentic stone siding, OSB LAP, Ru* Plank or elmvalenk or T1 I 1 type siding of a color approved by the Comm ium provided, however, that T-I11 type siding wdl not be allowed in the front of any remdenm The exterior of all coon on any Lot shall be designed, built and mmamned in such a iaaniitx as to blend in with the natural surroundings and landscaping within Brookefield Bxteior colors must be approved by the Cournmd= &tenor tarn, fences, doors, railings, decks, eaves, gutters and the ciC =or finish of garages and other wry buildings shall be designed, built and maintanied to be compatible with the emrior of the s=am they ad inn The Committee or Board will etablish an approval process and color guidelines Any change of color of the extener of any existing home within Brook hold is subycct to the same approval pities. SecuQU_ 121 Ma op-S a of Y.ots DMrr,, IZ fte- Constructionpenot Each Lot Own", exclusive of the Declarant, $hall have a responsibihty to generally maintain the Lot in either a natural forested condition prwr to any clearing or in a neat and clean appearance after . construction c uimcca for a Residence on said Lot. After clearing of vegetation for construction, the debris from the clearing operation shall be promptly removed from the Lot acid disposed of off site within tweiity (20) days During consuvchon of each Residence, penodtc efforts shall be made by the Owner. or the pwn&s construction iepr =tatives, to pxck up =ap materials and other construction debris and to periodically dispose of sand materiab This $ball be done at least weekly Upon completion of the constnichon on any Lot and prior to the occupancy of the swx=re, the Lot owner shall be responmble for keeping the landscaping improvements and the structure itself m a clean and neat appoarzocc. This shall mchude the respombibty for regular landscape maintenance, watering, tramming, and upkeep to present a finished, ma ucured sppearw= of surd psemrses from the Aacent right -of way In the event that the Lot Owner, or Owner's construction representatives), fails to meet the staodards sat forth in this Section, flue Board shall have the nght to complete such dean -up activity in accordance with the provisions as set forth in Article 8 Sctgn 12 3 Pennits No constiuction or exterior addition or change er alteration of any structure may be stard on any portion of the Properties without the Owner first owning a building permit and other nemsaxy permits from the per local governmenUl authority, and written approval of such permits from the Committee or the Declarant, as well as plan check approval w set forth m this Declaration So on 12 412 4 All consti'iiction shall conform to the requirements of applicable Building Rules and Regulations and Uniform Codes (bt 1&4, mechanical., BROOKFRELD CC&Rs Page 28 &vWMfdd MO CCM 061 lot der 2DU090100=.031 plumbing and wirmg), in farce at the Mw=ccmwt of the construction, mcluding the latest revisions thereof Section 12 5 The M me of Ca=lefton _ The mumor of any structues, includmg panting or other suitable finish and front yard landscaping, shall be completed vnthm nine (9) months of the beginning of constivchon so as to went a f1msiied appearance when viewed from any angle The construction anew shall be kept reasonably clear, during the construction lx=od 12 6, Entry & In on. Any agent, officer ormember of the Board, Committee or (during the developmeitt period) dw Declarant may, at any reasonable prcctzmrimed hour upon twenty-four (24) hour notice dunng constt=on or exterior rerno&hng, enter and inspect the structure to determine if them .has been compliance with the provisions of this Dcclarsnon The above-remwd individuals shall not be d=mcd guilty of trespass for Sikh entry cr inspection There Is cleated an easement over, upon and across the residential Lots for the purpose of malang and carrjmg out such mspecttons &00 12 L Cotm= Without the pear approval of the Cniiimittee, uo harms may be constructed on any Lot other than by a coutrwwr licensed as a getietal cyontcactm mnder the statutm of the State of Washington ARTICLE 13 UTILiTM SeMon_131. Ong The wrong (other than interior wmng) for bWdmgs of any land shall be undtilromd Section 13 2 t se No radio ortcdevimon anwnnae, transmitters or parabolic reflectors (except satellite dish antenri;ac having a &wneter of 18" or less) shall be peri> ued unless fully screened from public view or unless approved by the Committee Any such installations shall not be approved if, m the sole discretion of the Commite, the insWatron(s) vnll detract from the appearance of the Lot or Propemes ARTICLE 14 ARCEMCTURA'L CONTROL Section 141, ttec" So long as the Declaraat is either a Class A or Class B voting member of the Assowtion, the Declarant shall act as the Arch t cur- I Control Committee ("act as the Committee") (even if the Development Period has ended) uniGvs the Declarant elects not to act as the Con=ttee If the Declarant is actmg as the Committee, the Declamt shall have all authonty and perfmn all fitnctiotts gtven to the Commttee by these DecIarations and apphcabk law, all refeirmm to "C7oanrnittee" in this DecWshon shall apply to the Declaumrit while acting as the Coinmatttee. BROOKEPU LD CURs Page 29 Broobtfieid PW CCM% 061104 doe 20040901002378.032 If the Declarant is still a votmg member of the Association but elects not to act as the Coiiiinit tea, tben if the Development Penod hag not ended, Declarant shaU appoint a Committee to fug aton as the Committee and after the Development Penod, the Board shall appoint the Committee At such time as the Declara d is nolonger a voting member of the Associabon, the Board shall have the authority to appoint the Connnittee provided for by tins Article 14 The Commttee, when appointed, shall consist of not less than three (3) and zkot snore than five (5) members SeoMl4 2. jjqA= andh qLe-- The Cw=ttm or the Declarant as set forth herein, shall review proposed plans and specifications for Residences, accessory structures, fences, walls, appiartmiant =rational facilities (e.g , hot tubs, basketball courts, teams covens, swiriiining pools and bath louses), or other exterior sttuctxtres to be placed upon the Properties No exterior eddttion, structural alteration, or exte nor structures of any land may be made until plans and specifications showing the tiatui+e, kind, shape, height, mateaals and location of the proposed structure or alteration havo been subs to and approved, w wntizig, by the Committee The COWmrfte shall also review proposals to change the extmor color of homes in the Plat The Committee shall determine whether the exterior design and location of the proposed sMmtme, alterauon, or color change hsrmont= with the (1) surrminditig structures, (2) suotmdmg natural and built cuvstoiument, and (3) aesthetic Character of other homes m the Plat Sggon 14.3_ M=bwbm Except as provided in Section 1 of this Article 14, the Committee shall be designated by the Board An election to fill either a newly cad position on the Coiiirnidw or a v=mT on the Cotnmtttre iegunu the vote of the majority of the wtire Board However, the Board is not obliged to fill a vacancy on the Commiatcc unless the m=bersliip of the Commrmm numbers less than three (3) persons Sian 14.4 Din agn tion oU r_resciitarivt Tle Comirnttee raay unanimously designate one or more of its members or a third party to act on behalf of the Committee with respect to both ministerial matters and discr Zonary judginmts The decisions of such individuals are subject to review by the entire Cotnmitree at the request of any member of the Committee Section 4 5 Iona= of Time No member of the Committee shall be entitled to any compensation for services performed on behalf of the Committee Committee members shalt have no financial hatbnlity resulting from Committee actions Members of the Committee shall be entitled to compensation for reasonable out of pocket expenses mcu=d in the discharge of their dutica as members of the Committee Swhw I4 6 g jdrostgf_de Committee. The address of the Committee shall be at the reeg wuxad office address of the Association Sectigg 14 7 Voting Commfte decisions shall be determined by a majority vote of flit members of the Commmrttee. BROOKERELD CC&Rs Page 34 xr9*M&W nK CGkRY 06IHN doe 2004090100 78.0S3 Sexctton L�$1of ' ass All plans and specifications mqu=d to be submitted to the Committee shall be subtintted by mil to the address of the Committee in duphcatc. The written submrssxon dwn contain the name and addncss of the Owner submitting the plans and spmficatimsn identify the Lot involved, and the following infotnaationr about the proposed structures: (a) ` bo location of the structure upon the Lot, (b) 'Ile elevation of the structnrc with reference to the existing and finished Lot (c) T = gerteW design; (d) The nntenor layout, (e) Tha extenor finish materials and colon, mcludrmg maf matenaLs; and, (f) Otb a information which may be regmred in order to deten=e whether the structnae conforms to the standards articulated in tins Declaration and the standards employed by the Comnxxsttee m evaluating development psapasals. Sectwn 141. B—vg&=g PnnLQZp—ut EMsab The Committee shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to these gm,dahnes, in evaluating development proposals, the Comtw tee shall dete=ne whether the external design, color. building matezrtals, appe arausce. hmghti configuratnon, location on the Lot, and landscaping of the proposed Onxt= (the "design elements") hatmonnxe with (1) the vanous feahates of the natural and built envuonrnen4 (2) the aesthetic character of the other homm m Brookefield, and (3) any other factors which dfect the desirability or suitability of a proposed stiwt m or ahemtton (collectively the "approval factors"? The Covinnttee shall decline to approve any design in which (1 ) the dr: p efts fail to harmonize with the approval factors described in the pssvmus sentence or which fail to meet any aesthetic standards prom Wgated by the ComnmttM (2) =pacts adversely on nearby Properties and Common Areas, or (3) is of a tempomry or non -permanent nature. Committee determu=ons may be amended by a malonty vote of Comininm mombers. Any changes sub)eCi. to ronew per the toum Set forth Herein which are undertaken without submusron to the Architectural Control Comauttec shall be deemed to hava been drsappmved The Comnu tee has the authority to stop further work as well as the authority to have prior wmk undone Sechon 1410. RW_u_ o-ns MI a Declarant shall have the nght to waive the plans and specrficatnons review fur builders in Brookefneld. Any such wanver shall not exempt said [milder from any of the standards or restrictions amculatccl in this Dccla=on and all BR40REFE D CC&Rs Page 31 &,a*ZSddPq¢f.M'r Odlia4Ax 20040901002378.034 swactimes and inmpmvements shall meet all standwds and restrictions contained in these dcclaratians ,won 141_ AZMmml PmgghM Within fourteen (14) days after the rxmpt of plans and specifications, the Con m ttee shall approve or disapprove the proposed strachire The Committee may decline to approve plans and specifications which, in its opimon, do not conform to restrictions articulated m flue Declaration or to its aesthetic standards Ili CommmttEe shall mdicate its approval or disapproval on one of the c oples of the pl os and specifications provided by the applicant and shall return the plans and gmcifications to the address shown on tl.a plans and specifications. In the event that no disapproval of such plans and specifications is given withm fouftcen (14) days of submission, then the plans shall be deemed to be appr ved In any event, the Association shall hold the Commium members (anti the .Declarant) harmless from any actions taken (or aarons not taken) relative to the approval, disapproval, or non -action. an any plans submitted for review "Nero-sctyon" on the part of the Committee shall not exempt the apple mit &m any of the provisions of this Declaration or the restricum articulated hermn By pitnctiasing a Lot in BrookefieId, the Owners agree that, to the extent permitted by law, tine Declarant aho have no habiIity to the owners or the Association for any actions taken, or actions not taken, while airing as the ca mnud= 1 *M Y 11�Y :..l�F 11 4 � ' S 1 1 11i"4 ;il (a) In all cases, ultimate regxmsibdity for satisfying all local bmIdiug codes and requtiraments rests with the Owner and contractor employed by the Owner The Committee has no responsibility for ensuring that plans and spaid'irations winch it reviews comply with local biuldmg codes and tents The Owner shall hold the Couansttee members (and Declar$rit) harmless in the event that a striicttme which the Comimittee (err Declarant) auftmzes faalas to comply with rdevtmt bin ding and zoning requirements or these covenants and restrictions contmn zd hemn No person on the Coiiiinifte or acting on behalf of the Com=ttee, nar the Declarant acting as the Camnmzttoe, or anyone acting on behalf of the Declarant shall be held reRwa able for any defect in any plans or speaih=om wbzh are approved by the Comm.tft or Declarant nor shall any rwmber of the Comnuttee or any person acting on behalf of the Comimaw or Declarant be held reWnsible for any defect in a structure which was built pursuant to plans and q*mfications approved by the Commitur,. or by the Dsobara L (b) Neither the Declarant, the Comm Uer, nor any member of the Committee, nor the Association, nor anyone acting on behalf of ttnc Committee or the Association shall have any responsibility for compliance by the Owner (err any ageamt, representative, guest, or invitee of Owner) with any envirmmmtal laws, regulations, or roles, mchidutg, but not ]hinted to, those relwng to hazardous waste and platxment of underground oil tanks Vpriation Ube Committee shall have the authority to approve plans and specifications which do 'not confrnm to these restnetions in oiler to (1) overcome BROOD CC&Rs Page 32 > a set CC&RIk nUia ea r"IM, i► I-I%i ty-m6 practical difficulties or (2) Prevent undue hardsbV from being imposed on an Owner as a =at of applying these restrictions However, such motions may only be approved in fire event that the variation will not (1) detnmentally impact on the ovena appearance of the development, (2) nnpazit the attractive &-velopmment of the subdivision or (3) adversely affect the character of nearby Lots. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Dechwationr Variations shall only be granted if the Committee determines that the vanatiou would further the purposes and mtent of these restnctimrs Variations shall only be granted in extmm*nary circumstaiices Section 1414 Eufa=wnt The Association (=hichng the Declarant on behalf of the Association), Board, or any Owner shall have the nght to bring a suit for judicial enf=e ment of a deti minatxon of the Comnuum, or, after the Development Period, to seek an order requiring the Coe ranee to exerrrse its authority, and perform its f=cftons, uxid= this Article 14 In any judicial action to enforce a domination of the Committee, the losing party shall pay the prevailing party's attomey's fens, expert witness fees, and other costs mcuaed m coianamon wrth such a legal action or appeal (nee Article 15, Scoon 5). $es�oa 14 15 Cammztt,�xMmlarant f aabdity The Association shall hold the Committee Members acid the Declarant, if actumg as the Committee, bin xrless from any actions tam (or actions not tali) under any provision of this Declaration, mclading, but not limited to, actians taken (or not talm) under AmcIes 11, 12, and 13 of this Declaration By p=hasmg a Lot in Bnookzheld, the Owners a&= that, to the extent permitted by the law, neither the Declarant (nor any officer, dawtor, or representative of the Declarant), nor the Committee (nor any member of the Committee) shall have any liability to the Owners or to the Association for any actions t lw4 or actions not taken. while acting as the Declarant or the C mrru tee under this Declaration "Noel -action" on the part of the Committee or the Declarant shall not exuro the applicant from any of the provisions of this Declaration or restrictions contwnM m this Declaration ARTICLE 15 CONDEMNATION ,Sgoon 1 dial C &on of Commoai Areas In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the iraxiainiag Cormnon Areas, and any balance ro mai=g shall be distributed to the A:ssociahon, Section 15.2 Entire Cmd m woonof -Common Area, In the event that the entue Common Area is taken or condemned, or sold, or otl=wise disposed of M heu or in avoidance thaeof, the condemnation award shall be distributed to the Association BRCOKEFIELD CURS Page 33 2W0X&Wr&CC&WX0aW0W 2004D9t)1b02378 0,i6 No proceeds re mve d by the Association as the result of any condemnation sbail be chstrtbutod to a Lot Owner or to any other pally m derogation of the rights of the fast mortgagee of any Lot APMCEE 16 11+ ORTGAGE+ ES' PROTECTION Section 161 MortIM botmiions. As tree@ in this Declaration. (I ) "mortgagee" includes the bawficiary of a deed of trutst, a secured party, or other holder of a security mtmmt► (2) "f=dommYe includes a notice and sale proceeding pursimit to a deed of trust or sale on default under a se=ty agreement; and (3)'institational holder" means a mortgagor which is a bank or savings and loan aswmatton or estabbAed mortgage company, or other entity chartered under #' eral or state Saws, any corporation or insurance company, or any federal or state agency, efom Action Tire poor wntten approval of at least Seventy -Five Parewt (7596) of the first mortgagen (based on oiie vote for each Era Mortgage owned) of the uAvidnal Lot shall be required far any of the following (a) Any material am ndmeait to thus Declaration or to the Articles of ineorporahon or Bylaws of the Owners Association, including, but not limited to, any aiirendinent which would chemge the ownership mteicsts of the Owne m in the protect, change the pro -rate interest or obhgation of any individual Owner for the purpose of levymg asmsments or charges our for allocating distributions of hazard insurance proceeds or condeirmtson awards (b) The effectuation of any decision by the CNax's Association to terminate pwfessional managamctrt and assume self -management (however, this shall not be deemed or c m strued to require professional n iiinageme nt) (c) Far itionwg or subdividing any Lot (d) Any ixmaft nal amendruent. of this Declaration or to the Articles of Incorporation or Bylaws of the Association Sggqon163 Further RiShU gf MortSM=first mortgagee shall be entitled, WM request, to: (a) Inspect the boob and records of the Association during noanal business bouia (b) Regtnm the preparation of at its expense, (if preparation is required), and remve an annual audited financial statement of the Association for the imarediatcly preceding fiscal year, cxMt that such statrsment need not be furnished earlier than nmety (90) days following the end of such fiscal year BROOKEFMM CC&.Rs Page 34 nmate"MCC"14001104dw 2004090100237&037 (c) Receive wntten notice of all meetings of thhe Owners Assoctation and be permitted to designate a representative to attend all such moehngs Spc=164, Mscellaneouts Rights —OlMoitgam Fixes mortgagees of anyLot may, Jointly or singly, pay taxes or other charges which are in default and which may or have becomaer it charge against the Common Areas, and may pay overdue pirmrums on hazard: maurance policies. or secure new hazard msfumee coverage on the lapse of a policy, for shish Common Areas, and the first m tgagees making such paytiicnts &hail be owed immedrabe zeimbtuse =t therefor from the An ciatteni ARTICLE 17 GENERAL PROVISIONS t on .11,1 Covonants RMi ng vath ft Lod These covenztrts are to run with the lamd and be binding on all parties and persons claaamg under them for a penod of twenty (20) yearn from the date these covenants are rworded4 after which time the covenants shall be automatically extended for snot mve psnods of tell (10) yeses unless an instrument signed by a majority of the snthvidnals then owning Lots has been revorded which xet%ta their intent to amend, or iv=ve the covenants in whole or in part ' aeq=1,7 2 Aft. Tins Decimation may be amended dozing the development perwd if (a) the Declarant gives the Declsaant's express wntt n approval of the amendment in wwning, and (b) the Owms of at least fifty-one percent (51 %) of the Jots (one volt per lot), including those owned by the Declarant, sign an insamnent (which may be executed in couotrzparta) approvmg the amendment This Declaration may be amended mkT the development period ends at any timer if the Own= of at least seventy-five peiuent C75%) of the Lots vote (one vote per lot) to amend partimdu previsions of this met as then in effect (itxluding any poor amendments) In no event shall any giovlshons expzmsly rde mg to tlhe Declarant be amended at any tome without he express written approval of the Declarant or the Decla mzWs successor in mterest (unless the Declarant, or the Declarxnt's successor .ire interest, no longer exists). All amenilmmits >ziust be reemded. with the office of the King Comty Recording Officer Notwithstandrrig anything m this Declaration to the contraq, Declarant may without the consent of any Owner, at any tune dw mg the development period, amend thus Declaration by an mstiument signed by Declarant alone in wder to satisfy the reguueinents of the Federal Mortgage Agencies anWor other financial instrtimons Section 17 3 F&=Rikbt3 E4z)arant Dinnng the development peneid, there shall be no amcndmeuts to the Declaration, the Articles of hcorporat m, the Bylaws of the Association, or any Rules and Regulations adopted by the Association unless aproved by the Declarant which (a) Des m mnate or tend to dismiminate against the Declarant's rights as an Owner, BROOD CC&Rs Page 35 BmdW%W rM Y 0si 10t moo 200409DI OM78.038 (b) Change Article 1 ("Defimhons') m a manner winch alters Declarmit's rights or status (c) Altcs the character and rights of memeberalnp or the rights of the Declarant under this Declaratton (d) Alter previously morded or written agreements with public or quasi -public agencies regarding easements artd nghts-of-way (e) Alter Declarant's rights relating to ardutectara] controls (f) Alter the basis for assessments (S) Alter the provisions of the use restrictions as set forth m flits Declaration (h) Aker the number or selection of Dn=tors as established m the Bylaws (i) Alter the Dealames rights as they appear under this Article Section 17 4 Imma The Association shall have no obligation to obtain any insuraiwo on the Lots or the stmetim looted on the Lots except as expressly provided hcrean. 3 vn 17 S &&=ML The A=xaaton (including the Declarwit on behalf of the Assocmon), the Board, or any Owner shall have the right to enfowe, by any legal proaeedmg, all n*trictions, conditions, covenants, reservattons, hens and charges now or hereafter unposed by the provisions of this Declaration &,qton 17 6. EWurc to Fri o_rm No delay or onussion on the part of the Declarant, ft Association, or the Owners of Lots in exercising any rights, grower, or remedy provided m this Dedaratton shall be construed as a waiver of or acquiescence in any breach of the caovwants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brouglit or m=tained by anyone whatso ver against the Declarant for or cm account of its farlum to bring any action for any breach of these covenants, conditions, re=Yetzom or restrctions, or for unposing restrictions which may be unenforceable. Section 17 7 A=m&g Fees. In the event that it is necessary to seek the services of any attorney rn order to enforce any (1) provisions of this Declaration, or (2) hen created Pursuant to the authority of this Declmmton, the individual against whom enftement is sought shall be personally obligated to pay any attolney's fees, casts or expenses incurred If the Owner fails to pay such foes wrthm sixty (60) days, such fees shall become a hen against the Owners Lot. BROOKEE ELD CC&Rs Page 36 a part cMnascio4as FIIr4 4TT►LMj[�,if? }'E ►+ i In any legal action commenced in M-dM to enforce the ptovisions of this Declaration, the substantially p=v Img party shall be entitled to recover all expense, costs and reasonable attorneys' fees including expert witness fees u= rred in order to enforce the provisions of this Dec%ratiori. cctl 7 Liees forOttmr Evbg=.. Thus Section shall apply to a fees, charges, pmalties, intenst, coats, attcnrmy's fees and other annotunts assessed a,gmnst an Owner or the ownds Lot (the "other chafes") including those desenbcd m Sections 3 and 4 of Article; 7 of this Declaration ('the "regular asscssrneiits" and " apecral assessimmtel Unless offiemse provided m this Declaration, the other charges shall be a personal obhgation of the Owner, and also a hen against the Owner's Lot($) identical to the hen of the regular assessmenb Tbc liens upon mots for other charges may be recorded, collected and foreclosed m the same manner as hens for regular assemsmi:nls, with the costs (mchidi ng reasonable attorneys' fees) of collection or fn=los=, or both, to be additional "other charges" £or which the Owner shall be personally liable and which shall be alien on the Owner's Lot enforcrabie as provided in this Section. Sse oa W Ihst All assessments, penalties, Liens, fines, and other charges shish bear interest, if not paid when due, at the rate of twelve percent (12%) per annam until paid in full The mtcrest &hail accrue from the duo date. SeC4on IZ I0, SggOM=zndASM9M The covcrnanta, =tncticros and matrons articulated in this Declaration shall rue with the land and shall accordmgly be binding on all successors and assigns 17 11 Seveaabnhty The invalidity of any out or more phases, clauses, sentences, paragraphs or sections herein shall not affect the r=mmng paxtms of this Declaration or any part dzmof la the event that one or more of the phrases, clauses, sememces, paragraphs or sections c wtmned harem should be invalid, dins D=,W=on small be construed as if the invalid phrase, clause, sentence, Paragraph or section had not been inserted IN WU NESS WHMMF, the undersigned, being the Declarant lewn, has caused this Declaration to be executed this MI_ of _—MAM&t . 2W4 R v�+ : ; : ►ylill u BROOKEFBMD CC$Rs Pap 37 Btoatr�asdPgt04i1D1doe 200409010=78.040 STATE OF WAS MNGMN ) )ss Catinty of Pies ) On du day poly apt before me CrARY RACCA, to = howm to be the Managing Member of SBI DEYffi3OMa LLC. the Iarmted Lability C Dmpany which =cuted the foregoing mBErument, and ocknowkdged seed msaunacitt to be the law L Wnlay Ca npany 's frco and volua ary act and deed for the uses and puposos the tm mwttoaed, and on oath stated that he wu awbmzeA to w=m said manxnirut on boMf of the LmxW Lability Compazy OrM mdor my hand and off ial I. Notaiy 7 resAng My Con 20D4 !brAp Stan of Was6ff g BROOIOMPffiD CC&Rs Pap38 DmC&dk aPJ9= x*sa6tJN6X 2004=10=78.D41 FARC.E1. A The North half of the Southe= quarter of the Northwest quay tin of the Northewt qua W of Soctton 10, Township 23 North, Range 5 East of the Willamette Meithan, m hang County, Washington EXCEPT the West 30 feet thuwf conveyed to King County for A,melre Schewe Road Extra By Deed recorded tinder Recording Number 3261892, and EXCEPT the South 160 feet of the Nest 330 feet The South 80 feet of the West 330 feet of the North half of the Southeast quarter of the Northwest quarter of the Northeast quwter of Sexton 10, Township 23 North, Range S Fast of the Willamette Mai&an, in Kmg County, Wabmgton EAREARM& The North 80 feet of the South 160 feet of the West 330 feet of the North half of Um Southeast quartet of the Northwest quarter of the Northeast quarter of SwUon 10, Towiishrp 23 North, Range 5 Ewt of the Willamette Mend n, in KM County, Washmgton EXCEPT the West 30 feet *=of conveyed to Sing County for Ameba Shewe Road Mtn By Deed recorded under Rmordmg Number 32M1$92 PARS. T] The North half of the South half of the Southeast quana of the Northwest quarter of the Northeast quarter of Section 10, Township 23 North, ]tango 5 But of the Willamette Meridian, in King County, Washington EXCEPT the West 30 fact themof conveyed to Kmg County for Amehe Shewe Road Etta By Bead rworded under Recording Number 3261892 Also described as Lots 1 through 47 and Tract A, of Brookeheld, a recorrded under King Cotmty Recorder's He No _ .240 o y d a12 .Z 3 7 7 BR00 D CC&.Rs ama 5 1a FU CCM 1*1IN doe Page 39 20tt4090100237&042 BY-LAWS OF BROOKER U D HOMFOWN$RS" ASSOCIATION A WASI: OTON NON-PROFIT CORPORATION I 1 R=Semd Office - Lceation The location post office adds of the registered office of the corporation shall be: 12815 Canyon Road, Puyallup, Washington 98375 I I Annual Machua The amival medmg of the meizibers of the corporation for the election of directors to su =ed fixat whose fermi expire, and for the transaction of such other business as may properly come before the meeting, shall be held each year at the registered office of the corporation, an the date and at the tim haznafte.t specified, if not a legal holiday, and if it Ito holiday, then on the next day at the same time of the day The day and time for said manual meeting shall be The first Tuesday after the second Monday of each SWember at 4130 p.m 22 Medial Ming= Special rungs of the members for any pMP= or purposes may be called at any tune by the Hoard of dnveton to be held at such time and place as the said Board of Directors may pmscribe At any time, upon the regtmt c f any dmwtor, or of members holding ill the aggregate one-third (M) of the vomg power of All membem it shall be the ftty of the Freadmt to call a special meeting of the mmobers to be held at such time as said President may fix, not leas than fomtew (14) nor more them thirty-five (35) days aftm the receipt of said request, and if the President shall neglect or refuse to issue such call, the duector or m,embas making the request may do so. 23 Notictof Nkongi No notice of the annual nmiaberstup meeting shall be regwred. Persons anlxnzcd to call special meetings shall cause wnum notice of the time, place,, and pml are of the meettngs to be given all members of record entitled to vote at such meeting, at least fourteen (14) days but not wore than =ty (bD) days prior to the day named for the meeting. Any notice may be delivered either personally or by United States Marl, Fast Class, postage prepaid. Delivery by mail s1 n be deemed made twenty-four (24) hours of err having been deposited in the United States mauI For purposes of >3oticc to members under this provision of the By-laws, the Piewe County Property Tax Records may be relied upon as conclusive evidence of the name and address of the members of the corporation unless a member has specifically notified: the corporation m writing of a nine and address for the fte owner of a lot other than as shown on the assessor's tax rolls. 24 Ad ed McetMs An adloumn lent or adjourrimo its of any m=bership meeting may be tales to such tune and place as thou pre*it may determine vnthout new notice being given, whetber by reason of the fail= of a quorum to attend or otherwise, but any mettag at which director; are to be elected shall be adjourned only from day to day until such directors are elected, and rn the case of any mecting which is adjourned because of the failure of a quorum to attend, those who attend the second of such adjourned meeting, although less than a quot im, shall nevertWess connstitate a quorum for the purposes of electing d=ctom 25 oQ rum A quorum at any meeting of the w=bers of the Association, whether it be a regular annual me tong or a special meeting, thirty-five percent (35%) of the total eligible votes. 3 1 M@ber Md Q9aldM=MThe busyness affairs and property of the. corporation sWW be managed by a board conaposod of not less than one (l) and not more than five (5) duveters, the initial board to be composed of one dueetor and to be dianged from time to time as may be de emod nocemary by the said board itself, or by the i nemb m in meeting assembled, to best meet the noeds of the corporation The directors so elected need not be members in the corporation. 3 2 Excgx as set forth in the Declaration recorded under Kong County recording No, , . the directors shall be elected by the nembers at each annual nembersli p meeting, to mold office until the next annual membership meeting and until char respective successors shall, be elected and qualified In the evea of the fadin to hold an election of dixectm at any aiistual membership meetm& or in the event of failure to hold any annual membership meeting as provided by these By -Laws, election of duwWrs may be held at a special meeting of the meunbm called for that purpose 3 3 Vacancies Except as otherwise provided by law, vacancies in the Board of Director% wli % ar ceased by rmtpation, death, or otherwise, may be filled by a majority of the remaining directors anendmg any meeting of the Board of Directors (even though less than a quorum is present) of nonce shall have ban given to all the remaining dnectois that such vacancy would be filled it the meeting A director thus elected to fill any vacancy shall hold office for the unexpired tirm of his predeoessors, and until his successor is elected and qualified A decision by the dtrectors to increase the membership of the Board as above provided in Section I of the Article shall be implemented in this same nnanner as if there were a vacancy on the board 3.4 Autnual 1& 'The first n3eeting of each newly elected Board of Directors shall be known as the annual meeting thereof, and shall be held immediately after the annual meembetship meeting or any special membership meeting at which a Board of Directors is elected Sand meeting shall be hold at the same place as such membership meeting unless some other place shall be specified by resolution of the mernbera 3 5 Regigar MeetingjReguimr mceinngs of the Board of Directors shall be held at such pl ace and on such day end hour as shall from time to tine be fixed by the board. 20040901002378.0" 3.6 Spmal MeatmaSpecial Meetings of the Board of Dutctors may be held at any place at any time whenever called by the President, Vice President, Secretary or Tim=, or any two or more directors 3 7 lti (mq of Meet = No notice of the annual meeting of the Board of Dsractors shall be req=cd Notice of the time and place of all meetings of the Board of L u=Wrs other thm the mental meetings shall be given by the Secretary, or by the parson calling the meeting, by mail, racho, facsimile, or by persoriel communication over the telephone or aimmse, at least niece (3) days prior to the day upon which the meeting is to be hoK PROVIDED, that no notice of any regular meeting need be given, if the time and place thereof shall have been fixed by i>+salutaon of the Board of Detectors and a copy of suet resolution of the Board of D=cum marled to every duwar at least three (3) days before the first meeting held in pursuance themaf Notice of any meeting of the Board of Dnectm nwd not be given to any director if he is present at such meeting or if it be waived by haze m wnti ng or by famniale, whether before or after such meeting as field, and any meeting of the Board shad be a legal meetiuig Without any notice thereof having bean given, if all of the directors air ether pent thereat or waive notice thereof 38 oQA 1�>l A majority of the whole Board of Directors shall constitute a quorum of the Board of Directors at any regular or special meoting thereof and a majority of a quorum may take any action authorized by these By -Laws, except mincndment of the By- laws or Articles of bicorporabon which shall be approved as provided m Amcle IK 4.1 MetMenurmmg - Election 'The ofhc ers of the eorpea Uon shall be a President, a Vice^PretadmA, a Secretary and a Tiewurer, all of whom shall be elected by the Board of Directors at the annual meeting tlimwf, to hold office far the term of one (1) year and until their successors are elected Any of the above named offices, except President, may be combined and held by a single person Any additional officers that are deemed necessat + to the efhc=t operation of the corporabon may be designated as Vice -President 4 2 QnaMcations None of the officers of the corporation except the President need necessarily be a director. 4 3 PLt' Tlie President must be a director of the corporation He shall ere mse the usual executive powers pertarning to the office of Pi^esidant He shall preside at meetings of the Board of Directors and of the members and perform such other duties as the Board of Directors may from time to time designate 4 4 . In the absennce or disabahty of the President, the Vice -Pregident may act as Proside lit and shall perform such other dories as the droeors may from time to time designate. 20440901=78A45 4 5 StgMqa It shall be the dxity of the Secretary to record the proceedmp of the dircctom and members, when rquested by this President to do so, to sip and cxecxrte wnth the Presidait all deeds, bonds, contracts and other oblrgabons or xnstzun=ts m the name of the Associatcor, , to keep the corporate seal and affix the same to catificates and other documents, and to perform such other duties as the Board of Directors may from time to time designate. 4.6 srnrer, The Treasurer shall have the care and custody, and be responsible for, all Rinds and secumtres of the corporation, and shall cause to be Dept regular books of acw= He shall cause to be deposited all fonds and other valuable effects in ft name of the omporation in such depomtones as may be designated by the Board of Duectors. In general, he shall perform all of the dimes tneident to the office of T.reastutr, and such other duties as from time to time may be assigned to hun by the Board of DiiWorss 4.7 Vacancies. Vacancies in any office ansing from any cause, including the smrasmg of the number of the Board of Dom, may be filled by the Board of Du=tors at any regular or special meeting 4.9 MMDM= and Agmts, The Board of Directors may appount such other officers and agents as it AW1 deem necessary or expechont, who shall hold their office for such tams, and shall ==se such powers and perform such duties, as shall be deteanmed firm time to tim by the Board 4 9 Salanea. Although off ers and dnctors of the corporation may be reimbursed for #hear actual expenses mcwnd m the peaformance of their duties, they shall serve without compensation for any servrae they may render to the Association is 31; V1M.n� 5.1 himbeulan the AmMatim Membership m the Association is appurtenant to ownership of a lot in Brookefreld, as recorded under ring County Recording No Membership may not be transferred except by the transfer, conveyance or sale of any such Lot and fcirthcr membe tip, must be transftrd appurtenant to any such Lot wmsfeixed, conveyed or sold No certificate. of membership shall be issued 61 Records of Qgav= Meetmgj The Corporation shall keep at its regisum d office complete records of all the proceedings of the Hoard of DL=Ws surd of Membership mugs 6.2 Ypres ofResoluti ran Any person dealing with the corporation may rely upon a copy of any of the records of the prongs, resolutions, or votes of the Board of Duwtars of members, when certified by the Preadent or Secretary 2004 I0023-rn.aas 6 3 Docks gf amount. The corporation shall keep appropnwr inid complete books of account YCU- 7.1 The Fiscal Year of the corporation shall end December 31st each M��� KWAUTRIt_ • 81 IndeviaufiMan of Dm-ctors and Cffwm Each Ducta or effacer now or hereafter aervmg the corporation, and each person who at the request of or on behalf of the corporation is now uu vmg or herca€tor serves as a Dmector or Offices of any other reatad cwpmaori, and the respective heaa s, executors, and adm imstratoats of each of them, shall be indemnified by the corporation against all costs, expenses, judgments and hab htmeg, including allorney's fens reasonably incurred by or imposed upon him in connection with or remlhng from any action, stat, or proceeding (civil or criminal) in which he is or may be made a party by reason of hip being or having been. such Daector or Of is cr or by reason of any aeon alleged to gave been taken or omitted by hum as such Drec w or Officer, whether or not he is a Director of Offtccr at the time of mcutring such costs, expenses, judgments and habilities, except in relation to zmad= as to which he shall be finally adjudged, without right of further appeal m such action, aunt or procxedmg, to have been liable for willful misconduct in the perfmmiA= of his duty as such Director or Officer. 91 13y the Membas These By -Laws and the Articles of Incorporation of the Association may be axmended, rnoMW or repealed at any annual meeting of the Board without notice in advance or at any special meeting of the Hoard if notice of the proposed a tesatiou or amendment is contained m tlic notice of the meeting •j- 101 R of Qdq The rules contained in the most recent edition of Robert's Rules of Order (Revised) shall govern all Meetings of members and directors where those rules arc not inconsistent with the Arttelm of Iuomporabon, theca By -Laws, or spacial rules of order of the Association Ill The Board of Directors shall be empowered to estabhshi remonabIe rules and regulations for the use and =aagement of the property of the Association The Board of 2DO40901002378 047 t Diredms shall have the power to detm=nc such reasonably asscssmew necessary for carrying out the purposes of the Association and may exercise on behalf of the Anwatioa the power thereto gmntad mth rtsped to slues, assessments or other changes and the assessment of hens all as prcmded under the Declaration recorded under King County Recordmag No - The Board of Dureactors sha11 be =p mble to see that property habrhty rn$urance Mitectrng the Aamation and its mtanbeas as may be reasonably available is procured and maintained with r~spcct to the property and activities of the Assmawn The foregoing By -Laves were adopted by consent of the members as dm By -Laws of the Association this day of . _ ,._ 2W4. ATTEST: T }. will .1 r Rana Adimm. 1403 NO" Tngtib Aw Sw no Santa Ams, CA 9M IquetA►..� 7Yt lia F� R�oie'/�tlattl DEED OF TRUST 1-7S Lwa Ntunbsr : 93/00193 h drwot(ak MTJOML I= � (I) liVllJ,)Alrl It YAci�iR Imam 12 M CMYL L YAM t4 (3) ! M M 1� iIi>� Fla �� Carpontioa (1) Hwtkrd Erna. I= , A cwwb t m cwpWdion Legd Dma*im (d6mrkuft TAnW 1RW 111 LOr OF SIR I42M We wE 510-•i7-3N - VZs3 ad�isa.(lessl(s; as ptUs 2 /►atasor•siktPavd m �: iD 1-305� i'J I i I —bpi 'f m Dm opiIRiisT csooji* kRmm=*) i p ma& oa noon w 10. 1i96 .. 7bc Vwor 6WIL) ]Aid K YAGER sad CHP.M L. YAGER. H%&Brd Li Was ( 9mmwu-,O.racwowit H■rtiatd EKMW TV, A CAMMaW Corp =dots �d (-rnwm*). Mbeoaodrr: ortp�v Cbgffln oli s Cmpa.a im whieb Is aped and ezieip uadarthe "or WASMUNG ON , mdv6w mdthw b, 1403 No»6 Tuft AV% $e 2K Seals Ara, CA SM ('I.rod1). Boamww a", Iberlm of g Ore Hun" TLW7ou 71,ommad Fne )kadmd FAF DOMM Abd 00t100 Deers (U L S 134,550.00 } 7ts debt Is srideahsd by ■minWW* aok doW the rrma dtaa m r this Saarky lw*u t at C-Nms"), which p" a far moo>b}1 pgvmada. wm *a ibli ddtt, jr as paid ad*. dm ad parable or Jmmm y J. 2M9 lbis s.maty 6xwmo* no= in Lndts: { ek nparm s or Ilse dda whknad by the Mm vM rumOK ad tR Cot=IM ad w • $.Olaalr • tbs" 1tdptwrllse tWtralrrmMM � r+ta�sutrulsaN lAtp+rtr�u rtil t. Di3 • modifieauoos or[be Note; (b) Lhe PayrtM of IM adttr tatm, wilh mioslk advnew tinder pa lymph 7 lo prw= tlr malty of tlda -Smity haa=wt sad (c) the pw trttram of Sartovrdo txvaaama sad ape OCRU n t din Seoody Lm& mm asd we Ham For as ptrpme. Bo rmw inavar my rm" art am"plo Thaw. In n+m, w16prwe n(+ak. tote rottaolagdatasbsd popttty loeow h I[>1"r4 ALL THAT CERTAIN REAL PROPERTY AS MORE PAR17CULARY DBSCRMW ON EXHMrr A AlTACHED HERM AND MADE A PART HERD wt i* bu the Wftm of 114151*" AVENUE. &E. RENTM Ea4i t2tr�1 TOi'ETHR W 11M Jr the its mw or hoeafl& cm&MW as tftr pt*uty. ad ot1 . ggwkamact, and Ruben sow w tmmA w a port of the property. An nwhcmmu and adfidmn dw ttivo + be cavrnad by dell S-mily InW=mt. All offtftqNiq Y r 0mW to i aria &mwity htrttaaeat ads "PNPCF1' " BORROWFRCOY04ANI3[bar gm wrr r hwOdly rehad ad&cadAm tmaby =vepW and Ira dte tight is pins and muM the Pfq?oy and taut go ►raprlj is tmmeptbmd, amFt rar mm*wlmop of trcer . Dom— warsoea and vrl9 dsfad yaaally tha thle W the Pt+opaAy &pbM all claims and darrads, to say a mdwmws of mood THIS SECaM VAMUMERT ttowtbinw unUmm ommtmu for animal uaa ead mamnfrm eormmty v,dh L' niltd YmWm by jaid tim to momkm a unif&m t xwby hwrWW cuww tt [ma) POP" y UHJFORM CgVENAKM bxnmw mid Lodw ctoVvUm and apR a fokmm 1. Ptpof 14Mdpa1 and Wtataali >rrapa70vm sad L U Cist@w So min shay I r-tgo pq wbw dm the p bdgW of and 6mma m the dde evideooed by the Hots ad my prgwymm sad hsc ehar'rtdm orderdtaNina 2. Imds rw Tam art/ raoaaoe. SA* to appbm* Im ar to o wtlace wiwr by Londw, Bomma Odl pay to ludo m the day 1loalhly paymM an dre tudw the Nana tmW Ow None Is poH lot ray, a oam ("F=W3 fw (a) yeady Lim ad uaeumaes stkb may ,Ruin p xky ovw dim ;Seewity lommov t w a Tim m ftp olmty; O) yearly iraadtpld paymeota a sand rote m d t plaperty, fur, (e) yetdy hung or poesy km-- paoroi- - (d) ycofy flow Uonwo pmc iwwR if at, (c) 3'orly mwppe hatws= p—bmm if air oad (1) say was py by Bmom w Lodw, is as Alm wA ties pra.iaiooa of prepopI & ]A llm of to p MN* of a wWp Wmvm pe a 7bom ion re aM Tj=w rtear.' Lee t may, t say timk ca0 a nd hold roads is ao smom sot m otetot ti s apotiam ummtml a lender far a f dmi y =WW mmpgt iu my togW fob ttaom mdw u AO Ve PvurJalRla■a "oomm"m IJwe2{rtgv) Z<awrca< �IH�ar M kdesat R29 Eatrtc Sat1tow Pipocdta, Aa of fTM as aargWed had tint m runt, 12 U3 — 5 201e1 snF. OUMPAI talor uamtt tar Litu 4pliier b the twisk so a leper a®ost. U m, L amiw may, r my simc. c pBw ad hold Funds fa m arrom rat to tread ft tw w aaaao. L oadre mty ralimft Lit &moat rf Fwadtidws mT3r bai3t Oilprleat d+w sod taraasik oAiraatpt deslteadilsd of Cale&& E,raow Jsssmr a atlsuwfse bt aotxrdsacs aids apptieabLe Iw. The Fats daA be held L am moiAiw whore depwirs am iamr by ■ fide w Waey, iwao w1by. or cony IivJudbd radar. if lod4 is rib ao boifWanl or is my Fedail hope tAw DmL Laois *a *MY fie Funds to wary dse Esanw Itwa. L.eadc MY a OMW Swww for irrJOMtt and rpP *6 dte Funds. --dy aaaly+fi dw eamw saaoak or vaiift the EMMW teem. rim Leads Pays Batowa Loan&( m the Wards mad spok" im pmittlmder w mA w mail a ehrgG Numm, L adda may asgtim Bmowa to Pry a mc-timeelmyn he an bdeptmdttrtt &AI cOw uz rtpo*g aerrioe and by i,erdsa is eooaeeiiun whh ebbs h—. mina S:a. Prur.dw etittsww- Uatess as egret w* Is mad@ at rpptiable law Wan* to be PW. L.emdw Barg slat be I I ial to pay Boeoarr my iAAsaat a tarokg& w Lire Funds Swum ad Mader may ate k wlidg, bmcvc, dw bow *A be pdd ar the FTmds. (.coder rhsii lira m Btatowa, whbam dtaj* w roaad wwuodej or da Fiw k siwobs aedhs mad dd►ts io the funds and die papa far wt M cad+ ANo to Lin: Pab wet aodt. 7bc fitack err PJrdgral to sddkimw SOMAY farad awes rw wad by *& Stofrily btswmaw. If me Rods held by Labe Weaned Ow > t to be boo by Voiealsk hew, Leader &bait arse mi to Butowa for Ow escea Fisch is aaLOrbaaOe aih Dan tepkaoeau of applabia law. If du amowtd of dw Fiend& held by L ndw at an rise is eat *WjW sO m pry ft Emm lkmf s tm due, Lmdr easy w wdfy Buu wv is wsitiat, udt o Tatdt can Barmor andl pay to Leadr Ow moral a MOWY to raaltt sip the dr3oieae! 13orwrr �i.l oabe trPAae ddrtieorf 4t ao atoemihsa tar[re minsAhiy pgmoAat Lmder'n saladmnrpiw upon psymcm k Am of am aarw ocucd by thin Starity 11*steat.7.eadr dTaB praspdy rdmd to !d awrower toy Funds hid by Lendm tr, Ueda pragrapb 21, Clair dO xpWAc or d[ thcha edy. I OWW. prlorAothougri d"GrdeoftMrI"ty."apoymyWad UM bylaadetatthe tiwefoupkitiwl or sak w a o�ddit �d LiseaumsaeCllwed bl ltkSeaYtiy ld�at. I AMOMW' of i°{lawdr- UdM mppktahk tam Amides adsw -i au Foydaemts welwad 67 tsoda radar pr&grapha i mad 2 abA be applied: firm. to say pmprytl W dogp don ands ibe Mom anapmd. to amoum pq" arch' pmtapapb 2. *AK to bale m dw- Brandt, ro p "M Litre: od Iaa, to a y late �'a Lira loader Lire tYata. 4 t] "zlq UUM Batwrts don pry A lean& alaeatepems, dugw Gast rod Apodtbw wta'bta" ro the Plopaty widdt my stitin wklrky auc thin noway lubm ata4 mad kaabold Moats or VwM rate, if my. Bamaer 60 Pay loran a is tbo uo= pordrd'hiprgrso 2, or d eta pWd in iW mamar, laroatr dW pq them c s tanr dioaly to The pwaam oral psa'p Dormaw to proa*y fuih to 1 tr W rotiocs o<aaaaaq tti he paid trader th!&Aargfaph ff sw"wrr main& Ilan P doer*, Bor-sial p omptiyltnni&h to L cWw mo*u erA%dq dkw fasporm5a Borrower *A PM WY "'Imp aty am wbkk ha priority era afi SOMAY fa&atUeae rake& Borre+as W typoea i..riiaR m dtie payaresr of the abl;ptior reerord by tie Un it a tmrmaer aeampta6ie b L.aoder. @l c ataas iw {mad EMb IkA b M by, a ddnk Viind afw=wd dsbc Jm in. 4d pModipp wbkb is the ImAce a aphis opmu to panel the 1 6oraplatrat of 16 Jima; or(c) aar'w (no the bolder of the liar an apermm sralmddY it 14dct adraedi w6% Ibe tie b this Somft horaco, tr SiaBer OVAMMmss %w may Pon of tie PMpaty is U14ad to a sm which may wtaia privity mwo this Sammy 6araua+wt. Brant may prc banaw4 r soda Ida Uft tin Ate ba w m Lis&artdythe fimA aright we er alum of elk &hone ant fa1r rbM wide Ik days oltla fkft Of wno= I Raard w"quiy Lrrmaaato Barwrer tleaB beep the llraprorememtaatra eafarhgl trbt>*alter etmmd oe the haptay i sred splart tam by Una hasutb indndnd wi&k the irm'candad covo and any aw kivardw ti IJoods a fWorhng hr trhieb Lroda &egs+iu & wraot.7bK iwiaamae Lard be mrlauinad la the aawxa and for the periods dw Leader mspboL Il a imq caeca Fwaft the 1111*�11�/'1[J itra]MA LAG n V mows woo !1'hItJirll•7r+J riaarat uai :woo dull be ttraeea by Baamra mbj= to LaWWt "gww a &d as ba a-,-- hly Wit lew If Bawww fob to =htrio aavoaec ddo, share. L eaaw ally. at L.aadar's opdm obuba carece>p to ptotsl LAader s ri to is !hs PMPM b aocorduw WihpAr+WVb 7. Ag issma w pines and rawarrla tdnll be momp siic as Leyda ad shall kook a uaodaad awWp dada. 2.raaer atop have dtc 4ft to nary the pol en ad araex I if Lawler feq.'t vw4mw able pKwPb ilw Io Leidw all >eo*ft of psid prerttirw and vocal sasiari Js the mat of Inn. Banowar atlas she ptwnpt ootk a to Yae oaamao caner wed ieadQ Unow tarry ante praor of Imo it am wok pamwtly by omaww. Jh&" Leader red BmaWa albaWi+e WN a snU4, Imssac pnmedt ahsp bs appaed to ma watim ar repok of Ytr ptapwty damtcd, it the tplww m or lepidr In ==mWcsey beaut and Ladsr'a aeatmyk ad IamwoL Uft teaawtka arm** k not wwA=icdly IwAk w Leada's uearity t rd,: be tlrs i MMO pmcaada anaM be "0 to un am sawed by &A Saawky iastltomat. Wkdba w no thm den, wA dry cow pod *a Bommaa. If Bonftw dnai m Onft atyS or dos not aawwsr tsbbics 30 drys s actiea kno Lcodw 69 tha iaasaa eaa1 ho affewad to main a dabs, rhea Fadtar my ooilaer the iasaaaa prsoeada. i,eader away mt are praeeedt w � w tsslata the �4 a in pq amm rotaaed by tbisSennhy l+uutown, whorl w arm that dm The 30 d W period will. bads taken d e oariimisyirm. units Isadc aAd Banvwes 06WWIM OrM fi M ties. My applkatioe of Pmrra k to PFWW d W sat errJead a paatpooe the dve thus of lire mastlliy pyulrstarefotrad to a parapapla J wed I a dtsnRe the amarrt of the laJ'mwaa. If,seda paragraph �1 the l}o�wty h sotptiesd by landde, Bsraawa's � w asy ""am polkks sd prooeeda L rrom drones to the pnpaty pdw to dr at>ga kka duii yew to J.atdea m Ma aural of Yee A" swAw W by dig ss Sassily lowamaat hw aadisldypdarte the atgttnil5w f. oompow, Praaaatlsr, It bdwp to trod i4eiatnawa of fa Ft"mtj Bowe wWt Lms hpp%mdW, Law WWW6 Bomewwr mW ocetapy, emift sad an the Prop" m Bowws+ w s pw1 4 M dcaoe trd& story OaYa Alta the, CUMM os OF tbh SeaakY fanwt = wed then ceedare W aowtpy the ngnoy m Bww wej p&dpal tayi cw for r kw m yew aRw theft* of omop4c7. vam lsadef t� othsarie sgoas a Wwaloe, Whkh UWM abaif dot he vaeueatdalp wiisbd& or tafau WaKAft e! dRawstaocea aia wiieh see btsyend BarsWeh emual. Bonarwy asp sae davoY, dAmRa ar imPAi< the yrgeoi , allow the IhopcOy to dmatinwwe, or tn®mlt waft aq the nVary. Swoon *AM be Ja defwh if say $Aleuts. aoios Or prmeed L VtW be" Or srivrul, is bgas 29 b l.aaWf Rood DO jatl MM cpnid reap io fwfdmm or On Pmp my w o hits wwisey ao.h tbt io aawai by otia 3awfy fed wwA of Isader'A wv=y ieaeteat. Sw War may ama mrh a default and odowlr, me prarided to paMrWh is, by aogei the adios or premd* a be Mduwd with a ati q fief. Is Lasda es goad faith ddAvd dm pechads Wichme of fire ewmwPa IowN Is Yte ltapaty a arbor saawiai kupl n=K of the am by this 5eami l l:aftnoew a Lm dw's wcurky bkm. Sa w w slap dw ba in dental if Bw. www. dmq the ime WOW" p a*w iPx ovoloy lake or iaaMwM isfmmaaas aw atttteaweeaa OD !.swiss (tr raided to Fcvida i gtder with say asww kf amdioa) iA aamb m twhh tba loos o ideeoed by the Nate, bchiCal. but m limkod a•+. zqmcMMi= cawalig Bseards o=opmcyof the tlujnly to s priipl a - -1, - If *h &Xwky Jaorwo2d is oa a kasebetld. Barrow *4 curly with all the pmrWou of On km'L If Baatornr 004;Ca rra tslo la the Property, the iaushsid sad the: fee tilts andi mot says tales l�edtx agrar on>ba tnatRar a rriiaR. 7. 1Rtplsw/Isa of fwadrr'a > rt eie Yhrpaq. Ir 5mvm fps to p, I- the aovemeos mad agmum o4 cmtaiaod in the 3ama$y Ias<rmww w Yaps h a kp P "May aggaifipooliy A1fer2 Lpmlw's iWo Is the rmpaiy (.seta u a prampft p is braise sly, pmhsw for wedmmd m or fiddbm or to safwm hm a tend Cono).1hea toads may do sad psy for nhdon is aamawI to pmleet rite YOM orthe phlwy earl Lesdar'a riou a ft paopwty. 7 0. w6wo nay im b7de?oft say saws wow by a Ike shill ere prim" am ft6 SWAY "Oft is arwat. MiR roamabis wMaw fca sad muriss on the nga V wlake tepeae AJRiotylt lauds may uhe a et dik pervarRO 7, laxdv dos ttq Jane lade sa Ara" few eHr �taw+asar t�rrcr / �4/waW tat�arq,a Ian Amy amomts diet A d by Lerdts radar this pragno 7 *AM be+oome additiasul debt d Baraaar s MMW by dais ;may bsbu me. tIdM Barrows aid Lsodr gm is atber isms of PNMM, 6M ammo *A beu &crW IMM the daua of dishtaaemat st the No1s ais and and be pgdgk milt Munit, L OwWp ImtMrmar. If Lender r , PmWw iammrs a. a coodkioa o[ rimer W laaa aeauod by dtb Sxvrity IartrumeK. Boamar alst8 pay tbt pmrAm regeerd to the m@nW inanwisdfer.IGfor saymmos,the botuaaoeunuWwgwkcdbpLeaderhpxsoraramv be is dfaN. Boerotrr *AA Pei the PKsbraa sagtLind a abnio tameds w4MaaNIIR7 egd+ek1 10 dre MKII w raaae peeviottaiy iR t fc,;L r ■ cm sdtgU"Y egOMWK la the eoM 1e Bosower of do eaw4w ia@--,- prarkv* a dfe0. tram = Annie xwerp iumaur s prov by Lode. tl shuaMy Mai"lcet margW bush= earoade in no ttralablo, Ban mw 4MB pry to Lwow atb tr w* a man cow to =4wdfYh of drc yerty tseatp - isaraam ptstMtm was pid by Boro*w %*am the Wwam. eopm hpted or orasel to be iacthm IRacir +.w t>;. us: aa.'. -..,�. "�"' s• ■ Iwr MMvc is Gea of Mar" aranar. Loss «aerie pgmtyh rely ss I4tp< ba ssgairad, st Arsapt3oa ed leodn. Ir mwWW ictaxanac tm+enp (ia the amsmst and fu doe pesius tbd Letdee rttluitra) ptsridod by sa kwrr appoaod by Lmdr +pis hwomm avab" and is obu9sad Baooser shed pay de prattittm tMMW to tnaiau's r wwr ma wmet in dbcL rr w pmidn a k" ummia, mtii the tegsiretttast frs aroArr bta tads in aeaadaaee ride wry wktm apneneot bdwcm Bwmww aad Ltade or APPlie" la.. k bnpwdmLmBeror Its riagl may mdm aeaaoaabAe e>tYid e4aa nod bt;tectioaa of the Ptnperty. Leader sbdl On Barorrs "ft at the Brae afar PW to to iospeetiam apso77i* twona konaia farthe i A CoddsinnOoa Me From& ed aq atrrd a d$r for dusMes, dbtd w mod, is eaamcda wih saytoadotaustiaa w adw likog of soy pot of do Pro". or for emnyma Is liar of cmdmnamier, ua bme y uuoW aad Ad bs pid wLc da. le dte ovM of a foul tntin of On Pmptaty. die prsoreds sbad ba appW to the coin aorad by dtis sc aity Iet*MCI14 r how or sot thea date, rih say awes paid to Boom mar. bs ttre a+a: ad a rdw tal* of we pnpmq In vhkb me f k maw vvalae Id Ate pmpt:My iatmoft* bathe an ukiq is OVA is or poser 1bas the memo of the tames aec,lrsd by dds smna y lsttttsMnl ZMEWdy bdm dta teum udw Bwovw ad tadr adwriaa Was io mines, Out sans aftwel by G& Swx#y faorda sin sbW he mWood by the w@M of the ptaooda by dw faUwr ftcoin (a) be ford atmoetM of due nus rsmrd imraadk* brine the ukb& divded b7 Ib1 dtc fair zm&4 raba of dx Rrapaaty immntissaly bthm do ttdalat hay btlrrx dM ba paid to Eorswr:. Ia Am and of a pan" MkiNg of rite PuPeaty is whkb abe fair ovebet yaw of ire I4speny hmoodiady br%e the labs is Irs drs thsutumm otdm was tarared imooarsdy befoo the takWx anlws Barmcr Mad Leadr vbwwm ttpte i. 'fL a odor sppiir" We attaw*w govMo t, an p mccda *0 be spptied io the cram ommA by Mb $many hwouxea wbdbw or sat rite a mw: Um due. Ifdta Nopeaty is 0=JnW by Basasm4 at if, afro souse by I.esdar to Bomvra &M the eaademar offms to uWw as maid or atttla a claim far duaaps, Bomswr Gb to ngmnd to Lmdr rbbs 90 dep aitr the dew the aslioc b Sk.m. Rader it sastmtud to cdba ad sp* the prawWa, a1 ks cpdos. d6w to seMraatioa of rrpau of ds fhopaM1y a to Ala d®a aaered by this Soorby lroumeal. ritdbe ar sot drat dre. Uam Leader ud Bormwor aQtrwise arw in weit4 my appibatim adr000ds to p 6cod s ma sot attaad or porpoucthadre ddo of tha mos do pgm u sLkrtd W in pspBrrtpbs I nd 4 ar choapt the amain duch pyattats, 11. Isimm r Not Rdmm* %rbarsra By Lmdr Mal a wakes. Edwin of dos thme far pgatcr m moHileMias o[aoattiadiaa of the twmasased by t6b Ssmriy brtrmea[ paced by Lardtr w r"y seeo.sr � ieleed ex Bmotasr eltaY sat opdrae to rdesre dr �7 0l the xi�esl Batvre err Bommmes ba Wnc& Leader shad matt Ir ssgmind to axnaraspied mW i� ssrsasa uv i- 0 r wmmarr is iskaK or xNa to exceed tine far payrpeat or odumia mod* smartm8ea of d m MM se=W by M Seaway buwtweed by rtmsna of m7 d—ad made by die ariaical Barowrr or 3—town a soeooaaan io iataea. Asy feeU w==try Lwdur is mrarcisir3 key d*ortatady dban fry be ■.aiwcr of ar pwiede licatadae afsny. ridlet orscmady. 11. 6eorwarn and Auw m Aam act jaw and lie.ard Lb"Or. cs4wole 71te offwav t and mgaeo®la of fir Sammy leratura w doff bid and beaadk the steoc am mud niku or Leodw mad lewror . a AOd oo die prevjdaas of pm V-aph 17. BottowWs covessmu and aprrraeat> *A ba joint surd seyeraL Asy Barowcr who saaitw pia Seurity ladrumcm btm dots ea cwmc the Mole. (a) It d►ajeing rho soaaity twww [at only to s wpyc, pm ad aowvey that Swev es Wemd is the property mader or wm of dto S=4 Imtrmtmh (b) i, roe pawn aay ob 4ma to pmy die waa aced by thin sewily lametaxai and (c) .omen dm LAWn wad my oohs BacrowN raw noee to a mO& radar. fastest or mite any a w$h mpM is the wmip of Wo Security fomummeM tr die Nair withatt to IlalemRra aonsmt. 13. Ira CbwjpwL If rbe lea swLwW by tko Saearity ImYmtea Is sd*a to a law wbkh zft mattiaatm ama d -es, sad ON Isw it (way udap eted ao drat the how= a urbw !ram dMM radmeted or to be mlimtd in wmawaim with the loss cwmd don permbled HMiMa, Om (al nay mach lam dwip tread he redoroad by the rmemt ow-,M) to rakim ate dwp to the perrritad hark: rod (bd nay meals.Wady coulad kom amosw wfrirh casedod pumsiard lmtis will be adaodod to Barmen. Leader may rdwa w maim pia mkW by nda t the prW4W owed mia the Nam or by MW t3 a dsea pay=* to Bonawrr, H a x(smd mdom prikd* the ftdoction wiH be kc*W as ■ pOW peepgmms wkhwA W prepkymmtt d" soar thm Nate M NNlara. Any write to Br mva XMM for Is lbis Seu dly htarumml deal be Burrs by L'! deBaafee M or by k by Iha dear WAS comma applickbia hew mein tak of waodrcr .edWL TIC nWst abal k dieoatod so the propary Addn= or my odw AM= ifaerawr du* kea by ool6: to Ladw Any modm to Leader doe be brae by iwst dim wad to Lmdor s addemmaad hack or nay aver addma [cads dwgw om by notim to Benoww. Any sally provided for a Aria SeaeIIy IµCwoa t duk be dwmd to have bem even to Sarwowa or l eadosr wikat raven m provided is 66 pargrsOL 15. Cwnn i q Lmwt SkewaWy. Thin So-rky Innaaerlat dad be Soeeoad by bassi Jaw and the Isw of the jariatbttian in vddA the 1Yoperty is Iocme& In fba Dram that sty ttawvWu or dome of thla S¢aily hra0mt orthe Not c M = wM mppSc" how. ads crania Ad not mffect odor provMM of shim sdarity tuarrmeat a the Not whip can ba Vim e1W tarMbatt to ennui ft provision. To *bad tbaproviadeor of thin S.smiay hww�mt s.d she Nora m drelmead rA bn ravermbie I& Barrarres copy. 9rsreawr alydl be jinn sae eoetmraed Wpf of flee Muzad of *b SOMA* Issrnmsaat. 17. Thanker d dm Pigsty or a Dmdk ml lnhnsl IN Bwn wr. if all or ocy purr of the prapmty or any isurm in it is wM ar wm d mead (or if a bmcfiiod karacek in Hamra is sold or Umdand and BoMrWa k ram a eommtd perwa) wAlwta I,aedrra print writtp roormr, Lamdri my. . s< Ps Upton. rpgwm haaW ak pmyaw w lap of ail mnn acured b/ thin Saawty k0usi mt. Howam than ttptdw khan eat be raoacir.d b} Leads if a rise a prowbied by krderal daw m dSire dMr d the Smairy Ira u=PL III owelsra ddt "tkc6 Ledw jW eve Bwasw aefte d amderaia Mw sa m shod prwft a paid of tta hail the 30 days ham ft drain the DOOM is delivered or mailed wihim ftith 80e1waar ewmd pay WI mw nooad by this skcowky IaW=wm. if Bottom fda to pray these o wmt prior to the =aria of thi paid. Leads tepy ievois may Mwdsw pmmkod by ibis Saorahy ]mmnkeae wiiboot ftxdw notice or dcumd as 3aeawet. I. latraw lee RkW M Rdnslate. If BUROwer amnia aataw aoedkiaak, Barawer.bail brave the tight to how enforoemept of rh6 S—ky IDreteaem diamwliatt d al cy a— priwr to arc earldx of: (a) 3 drys far amok actor period as kppd=dAe low may specify fa rokstmens oA) aides yak of thm ptWuiy ppsnkt to my power of silk cmuimW in dsksmuy Im mm#k or (b) entry of a *dynes mfarcit this swxky Imrnmmt. 7bome aoitiaa. sae: the sormwtr. (a) pws Linda rlFxuO., raid bkdwrwrs.a.w tat.eweenatamrm 1pors,n..e7 rn7 L. nroder thk Scoitity )sstrttmnt sod de Note as if m K=l astion had owotrad: lb) case. any tlefmb of soy atha Ovvewmts eragmea ms; (C) pays all O pares bXUAW in eafatrii "Swwky *dwuo& but am 4aoited ao rram , i atmrneyC Am and (d) tLLcL mch amim as IsthdeY asy --ably Mv— In am m Thai the bw of the Seaaarhr IE* m % Laada s rWw in the hupcny and Swruvees abtia am m Pity lbcasna strAW by this Swxa y htaumeat dteg cawlaw wechaWad. Upon rtitlaawamot by Do"Vow, this Smaiy Icawswal and do ub)Wdmo ucwW htaaby 111111 ratsait Roy offaatiM as if m omefvatioo W owwnAL Haaaver. Obis dgM to relasule OWI Owl apply is the can of a=kradan under pwgraph 17. UL SwwofNaW Cbmp of lm= Savks. The Rote w a pwvial iataat id dtc Elate {tadedter rich this Secwky hmmmcot] may be add use Or safe ththea ahtww prmt w6w to Rmawer. A sale m7 raadt is a dune in the army (kev" as dr. "I�au SwrW) drat eogeM uxwNy po)maa due under llm Most aad (hbtS*=i y loardn al. ih= alra x" be: we a Oavic ct tt,w ofthe Savxa welatrd t0 a wk of the Now- If these is a dam of dm Loa. Sankm Bc nwer wig be $jwco .after rosette e<the dram m =-;=A-=-. zift pvap» 14 above wJ aRVi"LL 6v.. Thk .w a:,. ;;u are aw! amm of dw sew lms Saokw had Oho adder. -to made peymaru dwoid be made. The *Am vn-il aae x it my rdlrs infolreal as mquiaa by xpkW a law. A flaaardroee Salsufeet. BwmwcrQW root care w puaat lbe pmeco a tsc,dkPasal, Orap or tikme of a" Hsaadow &&no= as or in Oils Propevlr_ Rom)= dell not des, oar atfow ueyaae daa to des. anrj*g of amag *a Prdpwy tint Is is uiaWt of my Fw:wu tnaW Low. TU preaaat two vcnice= aba® oae q* to dw pRsp>a, or, cr z"z as the Pmpaly of am & quaotlain of Hatadom Suba"Xa lla am Bm Wly mamp bcd to be app gWmba to awed TaWatil sees add to atsivaamm of toe any. Bwnvwa"FMOY IM Leader whiath mute of gay wvatllalioa, t IIA deraard. Lvwlt or ot►rw acb n by say Soraearet W or moftary Mazy - p-- pm?' invdv" do fly wed say Haardow t asmc c cwrzvatrmeseil Law of-" la vwa hsa Weal twwW In If Som ma karim to t� is WKWW by my yovamaMal or rgrdat wy wxhwky. dM say rcerovat or .taro modmans 4 soy L1t Hux6 us Stiaaaoe dkdiig the Prapety is buwary. Dump= droll pmm tly takes all o=ewy mmodial Q! asfleem i aaeatdavx *0 Favi ooscottl L vw. As god io Oia p nuffb X 'Hmwdou &tbatgO a we those v kmanter ddrmd m lama or hht>ardan a+bmrom by Uviraaaeawl Law gad the fabw** abaoww yuallat, lasaaene otber Itapmattie artea.ie peuokdm pmdtteta, W k pumidn sad ttabicfdes, voiti{e aofveaay m.aaiatg eootgisfo5 asbmw or to vnWdtytk, and ri dlasatfve mmank As uaod m this parafaWh 20. "€xdmor atai Iasi' trnas fa$nl lams add laws of the jaadtdlaa whom dia ltpgstty is Laaaw &M tome to be" Way or ca+Vomooalal prdactioa. NON4iNUKM 4WENAM3. Bt-.--, add Mader h"hac eovs OM sod s(pse a kaAowx al. Aoukadbmq Hrm Am Lads ded #m wAw to Bwr ww pdw lo eeakalka Ibdowbi; Snrrwet'i 11etah1 of hta CMnMMi w aprVM*M In tbk SoMft IinnrfaftI (lhal awl prior a amdcridw mow pmTgrWh 17 valets #*it" law previdw ad w*i 7% kaolin hill ap@W. (it) � afit+�: Ol dwJetiaa ta9tsiesd sa ems the tie$u!t (q a dale, lMM tea ekes JO tl�ya em ue aware Sc naive is gImm in damn , by whir► tie eldmk nW the deGhaft an w bdwe the atale wataw in We =a* wry rsalt ft radenida of tM Bata .sensed by this Saacw* ialralpaat and ark W tie PIoFay at pdtic aacbm ale due oat leas *am 120 Olga If me AdWrA 'i7te thanes akin (Yetis idora 9asowr Of the silt Me laI - nflae rscsi 1 11 lire rw to w* it eaart so= so I do saes s1Rartw of a deans w aw aawddan dt Bwrmw to asrddeAddm od male, sad htwj atiwagiaa relntnd a 1te iachvdsdfa ib: aaHa if ePpivbla Lew. If lie dd uk k oef cored r or hal re the dais tp0dw Its the ne ier, Lad- rot Its thplia nNy -qwM ! iad•sdfaaa payaatt is t>ar of r11.error nanared ihy lii Sarsllb bertrrmlil wfdaW Iwdrrala®d #fd awry invalke Ow peas at n k +told a4 edar raudis P-060 by htpprrabk law, Undw sW be satlgad b .let hll ttapaea feratnad is ¢etsafol flee plmetYrn peit*l8rd In 116 ptraprpb ]I. farlyditti, Yet ftht lehkad+u, rtfaaaftla alr.re�ge'taa asd tfaiit atalda w� .+Htvaaa:tlev4 tMM7$!►rfal 4etar+ta ralgh►arapM -"4taa 11? N LI nLaadwb*mdwpmwdmmkLwdwaMrSWcwtrlmsoft1mTtmdmaflbaomwts Ar aramt of tarttitaal of iadat'e dully m taiem eM hrpe� q bewid. TvMm amd Ldar aim! tmioemeatbaplmmatpmdbtawmofmramdabdgir+smbssd=MDMIMM mmdtoavwpm u appa mblm baw MV AAm mm Lids rMlmbmd by a}pFemW kw and altar p dmcmmrm of So mom or m16 Tewdo k wftw dmmad am Rm eim, dA ad do PftpmV sl pdWe add✓ M So bidbmm iiddf stibellmat plmamd mmd� dta 6mmw � � {bm eerk7 aiar i aawaratam patter d lamgudw Tawr a dalmmiam Th dal mb pmmpme mkmf tbm pl" iar a pmld ar psrrdi pemlllai � � bnr �► ptifCaamtMmmm�e se tte tdmm tmd prat 6md b ere elided[ alit. LAmdwerift4po mata}pati.wtbtRmm sla swr- irmetmdW drtlwrtm liepat�bmamTtmam'r dmd aaMgb�ieAatr� wgbomt aq emrammmt er mob, wprm and urblO�d The ttatadr i dmTame dud dm& M pdm h da u" of the tmA of do atmomma mda dmebi. Timm der MM tad % - - - w dim ds is Ire lidladap tedm: (U too ac of dw a lk rdndia& bet mm l m*4 tq rums db Tttaatmb amd mummo�m' bst r4i w all amm..enaM br lbim fn4w.mq .md (A aa7 etswa at dw pmmam ar ftesaa Iat1a�'tmeitiad m ltmrtalba det1� d Ibeampetlm met itibotear� bteFdeb Ilm1 amdapbm¢ 2X 1ROMFW mea LFPU l l d ■tan mmd by iWs Smdly bmemmma% Lm der 4d naquew 2lmtea:m aaool� ibePropwsi a,d haE nmrwdm tbi Seemitl Imtuimmt aid tit aalastnidmaiej dill aaemteQ ky tt:o S[cm717 Lmnmaem m'inrtiee_ Zhrem daLtmramrerme l!rmpwt7 witlaoea wmncy to tba patao• w peaama b� atablsd to ir- r+c4 prnw or pwama dtaU pef mmf maealrlaa oor4 finder mmy ebmp mid plea Q pmpm a fee for tam"etlad am ]�iepmtl, bd C* if tba be is pdd 66 atbbd Amf i� � � 1iuMaa} feraenivarmdemd and dra �d of tlm rm b pamr7tmd amddr s� 2& Smbl bin Trwdaa bt axadlm m& wokjbic law. Lamin sm7 from limo to time axdK a swo min mom m my Ttwwa 4pOMd bm mdct wbm bad mad is art. Wkbrae aumee) ed at Pigwty, ft meommr maam "I amr W IeeA ft titK pom and d dim enfamed Ww Mmmm bm t aadbx oppksi*kw. 2L Umdlkmpmq. Thapropett7itaetlMadptimdpmll7(pragipdtmalerfrmbKppp 2� lridmm M Iir tiaomi¢ faalrimMat Rama at mare eidaa ma: aeaard 67DmoR dad padded wfww wyh inn deemitf ]mmeenmeut em ay mmta med mpsemsm of aab *a* tidrrdmll be rmr wNM iwA dad ad mad mmd A"i mmr tbo mtmwu amd apam m of d4 8oatritr br now mm If did rkws.) was a on Odds s Im mky b owr m. fQm*appli "bOmmsH ❑ AO.lblaRma RbJ. ❑ C W.W mRidar ❑ 14Fmmifyxmw ❑UrA" dTannaatAide ❑rmmedUdarDwAopmealRihr ❑AhamldgPe"Cal"m ❑ Ballow Rkkr ❑ Rate bopmumrae hider ❑ smaad Bmcxider ❑twkv,, 01 4L ALCIUMNOM OR ORAL CON3UnW 'ia TO L OM MOM, szrZW C1lf U, fa TO MJ=A2 OW MORCI4C WAMW OF A MT Ar*R Mr XM ORCLOU UCn WASEDOG I LAW lwm�att a�a Lmrrme s#MIwMi101meia m A W SMD410 MM. aftwom am" mod Wabta mans ow OVA*&" emuiw in p" s "Wo 91of"9o=4la#— -A q sr MOW ="u"tr&uvwmeiswe" wit L f (San +sue owe vrom m Mrhlmam STAM10F WASHBX?VK r>< 4m 4*dq PRmowmtb' be[erm ii Y>'mtiEA mad aIBItYI. G YAR3BR Hnrbrad aad Wilco m mas kiwmmm wbe�e*abhidammtbhy duab d Wand who a mh ntmd da 7x—., ud ad —low *0 ho W - own "m ao Hen OK+ ba No*W. r dwmaps amd pine. to umfimmd- CH mdwmt)bmd o}ddd and" ��� %AAWWOMM r-%MMM NergmrbYcYammfwdrbhm nwkmt AUMW 196 2002 W C.-wmrihhm AMAWM Toluftc Ibc k mbe kidder ed �m mhoma w mmtha +.amend q+hk Arend d 7tmmt Said rate a mmtmm, with in ud- bdobuodaam --W br"Dm! dTenn, bare boom pdd 4 8hL Ym amen hwft dpccwd to emoted amid mdm or moW mend"Drad dTnog, ahhft ar I I --d bmmmr, mend in MWW, wkhml *mraatr, or rile matt mow btld by rw mdw tbie Deed dbrmt to to pawm a p i mm b> mtidW thacto Aotw - F� My 11S/ IKHUWO a (Art4omw 16mmRmt1"A m r 0 a • �, � !� _•r.-.. r.�r=_ram: •E �".:�=~�s�:. ......._ter rrwen+•+"•ht w�w.+•.w+w+-•S.i ..._ � .�. ...r. .. .-�.: r•....x•.r.,..w�<s.�i+�E.-+rri��::.e�.1�iF�e+�r1+M{l+p 1 qfto4q5 The Saabs l54f"tthi North m feat of the Kortkut gUarter or the K"Imast Quarter of Section le, Toweehip Lm tir r% agape 3 E.::t, km;., is King County, itashtegm; EXCEPT the follomag described portico of said pruaisas: begin'eq at the Sauthetst Corner of t.be Morth M fart of said No1MEMCE Mestalry to the Smtkut car#ar of tM East 390 feet of the karth M hat of said Northeast ggartor; T}IfKE Sa owly to the wit corner of the East 397 feet of the "h 990 feet of said Northeastqnrtar; ildE110E Eastwlr aloep the South Mne of the North gap feet of said T* TtlEIICE North alongVW saideEut sabdir#sion 11nne of r t dheltror�lnt of point bpfeeigy; n EXCEPT that Portia# lytap Within I*U 1lrawe 5outba"t; CO AM UMPT that portion of any Vial Witlne the South 10 befts of sold Northeast quarter of the Northeast QWartar of sold Section. tp Situate its the Couaty of K1P4, State of kski a7� (o�lo r w ■ar IN R11coRDING RIQUISTID AY Alto wiMM aeooRDEn MAIL TO M7Si nw funs wMTGAM cr*A)XAUM 144) 9ORTm TLIS Mr AVM AM JIM UWAL ANA CA "70 Title orda Nn l4m,w91 LW 90. 93100493 SPACEABOVCITHS Corporation Assignment of Deed of Trust FOR VALUE RECEIVED. the and tFAMOIS to MTIONSBAxC MORTGAGE CORPORATION allbcrxCicul:nic,cstundertliatoortanDcedpiTtus[dazed DECEMBER 10. 199E =milcd b%- WILLIAM H. TAGER AND CHBRYL L. T11GF.R, 9USLMO WD WIFE I* MARTFORD ESCROW INC., A CALIFORAIA CORPORATION and recorded as Itlstrnrncn! No 9812231537 on 12-23-1998 rn book . of plrcul Rcaadc to dre Cam. Rmrdrr's office of KIRC :1.oshroglot.dcsrnbtng land tha =as AS MCRIBED OM SAID RECORDED DM OF TRUST Tnadar. Trustm . pact TOGETI lCR uitll the now or notes theme dawbod w rafar'ed to. the money due and to become dw dr`'r" m rth intarzL and all rrglrrs aamcd or to == under said DOW ofTrust L smlti nr 01w#g IMMMON1111zM=IIt�CR�;,t=CYlttlallul WN.A i:ALttiMNtA CORPgR117iC1N 011 JANUARY 13, 1999 ` RICHARD A. CLAM Ff ;4I..e,akc al�+�ai�1 M&KY CQOIC, VICL' FRISI1%xi ,.,..n.�„IOr�w,nYrwpr.wadMruevtaYbad.Amhdrp+,krnslWFe ._.. .....� -. F1Y 1.c,.�al rMsf 11YY(„ r }m6.�Iwdb IrY wqY, �ll.Ye r.t r.km,-klp, III me Lka A. naaralrrre AMM to rAAWNd ..>{V ihkMI "IhAln ha }.QIlYmd,I,r fm .enrrw lar rr+r•rrt N 16e'w" Y{..Yl]Yw.{C%D mwme Imam"M ttlrtflAD A. ta.J1RC na,�„m;' Li,,YI•rt � � .-.,_— iJ►]rails ltatoY h�'�'�MQ 0 !NI'CArr4 mn, Eq*y6 s. NOTAU PUEI.IC IN AND FOP SAID STATE 1lR18iY.1Ml7J2 Rnsw ow f FS K I 20030808000349.001 ( I ) Qt), ArrzR RZcMmj= HAIL S6s rl"T 9AY79M n KK or teV1f1'e7Jt 1 0 am 360 REWNW VA 9n057 �Spm Above Tbis Lhm For Recording Data) UW no. 1 110057 00 DEED OF TRUST ��(�� Na NL 10-23-05 Addmonal lq*s) on page - uA Assessor's Tax Parce] IlJ# 102305-9247-00 Adilid&W MW(s) on page . DEFINL'iTONS F� + W T- 5L`+� 1 Uw 6 5- 0 Wards used In multiple mcdoON s of this documcart are defined below and other words are defined in Secdons 3,11,13,18 20 and 21 CettaiatWes regardindm usage ofwords used in this do=mIt are also prov2exh in Sexdion 16 (A) " 5ecurky Imtr matt" means this docunu a, which is dated jzy 29 09t-jogethw with all Radeza to thin doaam nt (B) 'Borrower" m NMI M AYMIAX AND GAIL_ M &VAUM , PUM AM RIBS Bonower is the mugor under this 5eexnity InW=ent "Lmder" is irate-6AVIM_anNu_or tlaMm Ltnft is a C04eP0NA IQ9 mvu ized and existing under the laws of TU mma or 109KIxaTota - _ Lender's address is � WBI.LS Av n1S ROUTH, �X 360, ! (X W& 28037_ l sabder ,saw be►e wary under this SectAy Laft of (1)} f°ilnstee" as �PVitEIP sash 3e_t2S9Sle7 =014.-4 mmmm COPPORATIM -- (Ivy) "Note mmm t11e pr0amssory note aigtaed by Borrower and dated � JOLY 29 , The Note stage that Borrower owes Leader _ Tt1 m THOUSAM-AHD All 100 - n Bolters (US Sg33ooax0+ -- --) phas nateresi Borrower has pronised to pay this debt in regular Poetic& Payneents and to pay the debt m full not laterthan _ MK -1, Z016 - (p) - to ty" mama the property that is de aaibed below under the heading Transfer of Rights in the apaty " nt aegis sndI cttasges due unda� tU N"Loam" mum= the debt ote, and aUsuma ote, plus kfterms��ntyyllnaa�ru p3us interest, ((Mg} "Riders" nam all Rcdm to this Seta * Instruma t that am towm ted Borrow Vl' a following Riders are to be muted by Borrower Icheck boat as applicableejj a � �>t� > � > ��>� �(s) I>�l 1-4Famatyltsder © > MRid- wAUWfflT0K4ffi*?M*4MWrrdAFMO UNWOM OWSUM tT r4m3m wt 4wr 1 COPW4 tarts 874Qa3 to -mesh rrs ta-1 (i) "Applimble lAw" mans all cordrolling apphcaNc fednrg state and lord statutes, relation, ordinances and admhtashv ve asks and orders (that have the effort of law) ds welt as an #ppticable final, mn-tgpcalable judicw opinions (J) "Community Asaaattion Daes, Fees, mad Aasasmaets" mesas M dues, fexs, mmessman and other darges this am imposed on Borrower or the Property by a coeedone mum assocaattm homecwnm asociatm er stmilsr o ca (K} "Electm Itwd$ Tnutsfer" mesas any tiat>sfar of flin� than a taaasoction Qngrristed by cbcic, dnA or wmkr paper instrument, which is initieded tkerae�g6 an dectrotdc terminal, tejephone snserlaateat, w qxdw. or magnaNc tape to ss to order, Instruct, or authorize a firsandal mstitudon to debit or credit an acootmt Such terra includes, but is not kniked to, point -of -sale bwsfieta, auftxwded tether machine trap , t w afro i by telephone, wire tranatera, and automated rJ mwghauae trane. Q "Escrow items" means thaw items tW art descnbcd in Section 3 "MisarBaaratu Propaeds" mesas atry COmpa i , s award Ofdunrgcs, or proeceds paid by any thud arty (other thane iw rmxe praeeods� under the a ve<ages destrlbed m Section 5) for ?) damage to, or destruction 4 the Property, (a) condamation or othertalmtg ofsit or any pad of the Property (no oonveyanee is Tian ofeozdennation, or tv mcxcprtatadons cA or omisaioos as to, le value and/or coadWm of the Property "&Iortgage lawmnae" means insurance protimftng Lrnderagaiast the tsanpaymdtt og or dc&Wt on, the Lam �O) " Nwiodk PANymesst" mans the regularly wheduled amount due fbr ft) prnnapel sad untarest tinder the otq plus {u) nay mounts under Section 3 of*!& 5 Instrument (P) "RESPA" mans theRc e: Se3tL alert Ptncadeues Act (13 U 7sc. l et ) Goad to tm�ng regulation, RepLtion X (24 C F R Part 3SOQsleight be =ended tim to tone, or any addtlorial or successor legislation or regulabaai that governs din same subject uaatte r As used in this Security lnstrumerd,-RESPA" ref = to al[ regssirementsvutdmoosthatamimposedinre�toL"iedaarayrdated=rWDk t" ven eof the loan does not qua* as a erally m,ottgage (osmt" under P.SSPA (Q) "Sacceswr in Interest of Borrower" meant any Party that has tikes We to the =whether or rat that party has Luumed Borrower's oblpdons under the Note: s SeaM Instnrsnatt TRANSFER OF RIGHTS IN THE PP-OPFATY 'fin$ Security Insda.arwtt soeum to Lender(r) the repayment ofthe Last, and as renewals, eadrn6ons and modifications of the Note, slid (11) the perfom min dS&Towa's covenants turd agreanaoets uMer this Security Instu sent and the Note For this purpose, Borrower irrevocably 1pnft and a coveys to Trustee, in trtsst, with Power of sale, the fbMmu g desoibed property located to the oav M _ of XIM (Type d 8J-1 [NwwdRmwdm&J%n A-c 1 NXI",10-23-05 which cunw*ha the addran ofi1jbs tsars Ave stt _ [sued) paax . Wastuogtoa _901059 _ ("Property Address') [City] [Mp Code) WAMMu~nota-6.0.F-Mb-Pb-& rrstMUM"r 70ox" 1M OW24I 1pgrr{I zMwx 5791 (44->%iOfllrilCU" rao16re00080eotoa¢ 20030908 MUS.003 TOGEIM WrrH aU the bnpmvmenU Dow or hereafter erected on the propeq, and all aeammgs, and frxtoaea now or Imerta ter a part of the property AI repla=rsenta and fixrping Is rafatM to��S�y II�vawa abe covered ds ilia "Prey s of the BORROWER COVENANTS that Bon ewer is Iawf idly wined of'the estate hater conveyed and has the right to $rant and convey tU Property and that the Propzy is r na=mbered, for encumbrancesarrants of record Botrowcr wand wM ddvd generally the fdeto Property against &5 claims and demands, w1pet to anyemarrnbranow ofrecord THIS SECUR17 Y IN31IiI:11M+IBNI' commbimwuniform covermuus for aarwW use aid mowutm&rm atyveraarrts With iinW vwisbow by Jltriatl?mm to Constitute a =form security but<umant severing real property LMFORM COVENANTS Borrower and Lender covenant and agree as follows I. Pa3mtent Gf Prindflk hte rest.IiI� Itemnss, )P"Pymwt Chargm and Late t bwgea. Botrawer shill pay when due the pdnc4W ots and ratan on, the debt cvudeneod by the Nate and airy prpaymemt chariges and tale dire under the Note Borrower shall sbo pay fimda for Eactvw Items pu writ to Sectipa 3 Payments due render the Node and this Scantyy Ins�bumeut shall be made in U S anrr nq However, if any check or other instrumesat reeved by Lender as payment under the Note or thus. 5ecu* bsvumemt is returned to Lender umpaid.I.ender =yrequire that anyor alI sub duo under the Note and ties Securigr Instrumem be made in one or mom =0 60 g� firma, as selected by Lender a() cash, (b) money order, (e) certified che* bank check, t "Aurces sheen or cashi4es check, provided army such check is drawn upon an insdt ition whose der gts are insured by a fbderal Npw. instrumentality, or cushy. or (d) $lectranic Funds Trtume" payments arc deemed received byLerderwhen recaved at the location deal paved in the Note or at such other location as may be dextaate# by Leader its aeoordsnce with the notice in Seim 15 Lemdor may rMunmwt payment or Qertiti paYmab seaarR'iarnt to bring the Loan tcurre �i�except arty tut or parti 1 payment um em to bnng the Loan o reet, without waiver of any tiglda�mder orprquc toe to its rights to refiuse ash payww nt othe rpartta3 eats inn time future, hurt larder ens dl ohligated to apply shot asrhodulleed d date, thenLend nare eed accoptod if eactm Periodic Paymeaa u od as ris not pay it usm an umpplied funds Lender nNy hold such unappliod fumes Until Borrower makes to bring the %can cunrmmt IfBorrowex does not do so within a reasonable 9:9t* �fLture against I.errder abed relieve Borrower ftoen malting payrrremfa �o tmdar tiu NoUe and this 3awdty Igsirtunesrt ar petformang the coveaartita and agteernemta secured by this S L 'an �ts er P s. Except otimawmse d � flits Section 2, all and goend L mder be lied is the order of'prioft (arntersat duo under the Note, (b) pal due under the Note, (c) amommas due under Section 3. Such payments *0 be appo each Periodic Payment in the order in �wrmahyyich it became due Arty r=air %amouDts shall be applied tied to late dwge% sto nd to vow o t am uns due under this Security inurtuneo. and then to reduce the princ4W of *eULender receives a payment from Borrower for a delirpuou PaloffloPsymem which indudw a w1fident wwu;t to any late due. the payment may be applied to the d Umpe w payment and the late cdmarge if more thaw one Perrodmc Paymt mt is ouMwdu3,$ lender ma apply any payment received from Borrower to time of the Periodic Payments � and to the extemt that, aaacan be paid im ful� extant that any excess edsts after the payrraeDt iasapy, the &II payment of one or more Periodic Faysrsermts, such oxcsss may be sppii to late Charges �daumee Voiurmtary prepaymaats shall be applied first to say prapaymemt charRas artd their as descraind m the: Not* Any appgmtroa of pgmatts, insuranoe proceeds, or M,sceilumous Proceeds to pnneipai due under the Note shall not exte W orpostponc the due dates or cbangetheamoumt, oftho Periodic Parma & Funds for Escrow Items. Borrower shag pay to Lender on the day Periodic payments am due under the Note, until the Note is W m M4 a sum (the "Fuses') to prwAjo forprinwt of MMXm s due for (a) taxes and assesammarta and allies it>Dnr which cam attain priority over this Sewrhy Irstrutrtemt as a lion or rnwDmbramoc on the Property, (b) leasehold payments or ground rents on the Property, if any. (o) pnrnkm for any and all ww-- wlrp-drrd Djes 8792 (44.914t)1>'SILUek7 aisuranme n* ed by%eadar unda Secdort 5, and (d) Moripe Insurance prom u u6 if airy, or Sur:ns my" by Borrower to Lander In Geri of the �yymmaA� of inatirnee UMS in accordawith the provi" of Section 10 I'hafe 'hemsam eed Tomw IWO" At origination on oaw,;;S e durnig the term of the Lawn, Lender may requua that Com mad ty Association and Am s, if airy,be escrowed by Borrower, andmuch fen and assesbe as Escrow Item Borrower gall ply fiumish to La-Jer notices of amounts to be paid under this Section Borrower d all ply Leaner � Fwds for iacrow Items unless Londerwurns Bormwer's obhgation to thePirndafnr or as £sorrow Rani: Lender may waive Borrowees obhgarion to pay to Leader Funds for any or aU Esc row Items at aryt w Any such waivier may only be is vr*mS Io the event of sucb waver, Borrower shall pay directly when and whale payable, the amounts due for any Ewrow Items for which paymeat of =A has been waived Lender and, MA -der ra�ea, shah furrriab to I rant r�eoetpts "-h payorErtr�W" swab time paiod sat Lender niay require. Borrowrr'a oblige to s provide incepts "for all purposes be deemed to be a covm mint and gmwaaut co taitied in this Security in turner as the phrase "covariant and sgreeaeerC is used in Seaton 9 lfBorrower s obhgeted to pay Escrow Items dirxdy. pursuant to a weaver and Borrower fads to p4y the amount due foran Escrow item, Lender , exercise its ri under Section 9 and such wtiount and Borrower sha11 then be ob6gaied under oat 9 to repay to Lender any such araourrt Lender may revoke the waiver at to any ar all Zxxow Items at anytime by a notice grim m acenrdaaee with Sec bm 15 and, upon such revocation, Bormwa shah pay to Lender all Funds, and in such amounts, that are than rcquked under this Section 3 Leader may, at airy time, collect and hold Funds rn in amount (a) suf$ctient to permit Lender to apply the Fun& at the time apeaWed under RESPA, rural (b) not to mweed the mvd uim auo = a leader can require underltE,SPA Lender sha0 estimate the amount of Funds due on the baara of airment data and reasonable estimates of expenuitttiree of future Escrow Items or other w me in ac cordmu a with Applicable Law The Funds shall be held y (in an it Ortution whose deposits am irtmed by a federA �Y agency, . or en ' ] rchi tea• i#'I.es+drr rat an moituomwhose depoob are so insured) or in sny F Loan Bank I ardor shall apply the Funds to the Escrow Items no Inter than the tum under RESPA Leader shall not charge Borrower Far holds sitid appb+ the Funds, analyimrg the esanw aoaoiin ,err verifying fire Escrow ItemE, ideas Lender gays Borrower interest on the Funds aid Applicable Law permits Lender to make such a chap Unless an agre moat ra made in wnhng or Apphmble Law requires imantst to be paid on the Funds, Lender shall not be required to pay Borrower airy interest or earriv on the Funds Borrower ad Lander can agree in venting, however, that irrterest shall l7e pals rm the Ftrrids Li:ndes slrefi Erie to Boarower, without drat ao auruual accounting of the fiinds as requrr>•d by RESPA If there la a of 1?cauia helr3 dr escrow, as deBrur d nodtr RESPA, Wider snail account to Borrower l�or the excess fluids rat accordance with ItESPA Ifther4 is a shortage ofl" 5s hdd rn esi7ow, as def clad under RESPA, Lander shag notify Borrower as required by RESPA, surd Sanrawer shaA payto Ltadertha amount neoessauy to make up the shortage maccarduuraewith.RESPA,butinnomarethen12moothlyprwws IftherniaadeSdency of Puurds held in escrow, as defnred under RESPA, Lander sW nodi� Borrower as required by RESPA, and Borrower Shall pay to Leader the amounts ��ma a up the deft i acy is accordance with RRI± 4 but m era more than 12 Upon payment in iirn of all sums se iced by this Sesmty Lrstrurrtevt� Larder:hail promptiyrreBmd to Bonzvier any Funds held by Lader 4. G7uii��ds;; Iiem. Borrower shall pay in faxes, &sseast An* charges, funs, and imposrwns atfrgrr b"a to the' Property which can attain priorityty ov this Security Inatri merit, lease�id prcyrnents or Sround riots on the Property, r4"any, mnwnity Association Ekigs' Fees, and Assesanents, if any To the extent that these itans am Escrow Itrma, Bm mvw shall pay them m the mum provided in Section 3 Borrower ehsll drmdrarge any lien which has priority over this Seoarty iiiagtrrueat unless Gorr agrees m wrrtung to the paynterrt ofthe oblrgatrat aawtrr! by the ben in a msruuet aaoeptWe to Larder, but only so 14mg as Borrower is perfp midi age wMe"' (b) conteats the Brea in go Nth by, or defends against enfwcement afthe bad in, legal ptnpeedtngs which ui LendMs odp'un'an operate to �srcvart fhx cnforcemm�i of am hen wrote those proceedings am paidtng, but only urr� sudr proms_ r� are rradng�the secures from the holder oftht lien ap �grearrart xabafactary m er subordr to t1us Beautify iristrttroeet If Larder dOtttinirres that spy part n� the Propat�rra subjea to a free which coo atteia prtartty over this Sactu9ty Iashumari, i eider miry gave Borrower a notice �itstthe hen Within I D days of the date oar winch first notices gtvmBorrower shall sandy or talon one err more of the Whons mat forth above in this Section 4 Lender may require Borrower to pay a ogre -time charge Jar a meal estate tax verification andier rgwrtrrrg service used by Lender is cotmechm with this Loan wAGMrcrorz-s.O. kwlj-�sr..rr..a4r MW unrroM >ruOIUNMrrr r.mMg ern &WiCVJP44W ri.a 6793 (+4we01)srsra3M 2Dp130808=349.005 S. PrgwAy xrarframmee. Borrower Shall keep the ierplD4'6nrCttt6 now odstmg or hereaftererected on the Property insured ggamat /Denby ire, hazards inch odad wh hhr the ama tleunded cove ivA" and any otber hazards k4udin4 but not limited to, earthquakes and floods. for WWd Lender r4ifrres hna mwe This monaace shall be m6atsimmd in the amoumrts (mduding deductible levels) and for the periods that Feeder milubm What Lender req&M pollitimirit to the, suterm= can dump during the tam of the Loan The htaurtnoe warier pravidmg the nuance shall be dwsm by Borrower subject to Larder's Lender mapove B tom wcarmaLasr� aithoor (anew chap for fEo�.zone det oa, cartiftadoo and tradcmg ser Acas, or (0) a an"me d►atge for flood zone detumbadom and eerti5arpvices oa serand subsequent dmgm each tuna . or similar changes occw which reasonably artiglht affect Rw h determination or c on Bommm dish also be raapansible for the payment of any feet imposed by detanivvdim the Federal $ma'gaay Managanent !►�axq in eoneecdon with ib� review ofaay flood exit ��flan an objection byBorrmvar s to maintain any ofthe coverages described above, LeaderuM obtain insumnee at Le Kkes option and Borrower's tgmu Lender is under no immmo purc as arty �artic�ilar or escort of coverage iherrQora, Axh y Leader, but aaght or arignet protect Borrower, Borrowe�a equityr the aoaterhu of the Praparty, against arty risk, hazard or 4abniity and mightatcr or lessor coverage than wetp�n oudy ar effect Borrower aaknawiedges st of fire rasusnaa rage as obtaieed mighht sign►ficantly nettedthe cost of hat Borrower could ha c6ttined Arty amoaata dsstrurttd ley Lander uder this hall became additional debt of Borrower secured by this Searnty buthvmeat Thee amounts &hail bear intemat at the Note rate from the data of disbursement and shall be payable, with awl mtemst, upon nofmoe from Lander to .Borrower requesting payment AD fim=ee policies required by Lender and renewals ofsurhp Aiicies shall be subject to Lender's right to disapprove sucb pobolek shall inchWe a ear lard mortgage clause, and shall mane Lender as mor4nm and/or as an additional loan pp" Lender shall have the right to hold the polities mid renewal amass If Leader s Borrower shall promptly give to Ts� a� recdpu of pad pprramrnms and rarewal mots If`Borrower obtains any form ofinsuraaoe rat othervtise required by Larder, for damageto, or demuction of. the Property. Rey ahall.include a s4mdard roar" clause and shall name Leader es and/or as an additional loss payee In the evant�of loss Borrower sW give pmV notice to the insurance carrier and Lender Lander may make proof of loss if not made pmnrnptly bybemrower Lhilesa Leader and Borrower otherwise ages m nay . mere proceeds, whether or not the undafyag ksunnoe was required bV= % be aapppplied to restoration or repair of the 1�if the restoration or rep& a otonomkolly &arable and I.erder's sterility is not Des m such re k and restoration period, Lender shall have the right to hold such insuranoe urrtrl has lad z opMrIM" to inspect suer Property to erawre the work has aampleaed to Lendees saetr 6 provided that surds inapecuan shall be Undabjen promptly Larder may dmburae proceeds for the repm and restoration in a single payment orm a Wot ofpmgrm payinem ad the Work is com�lBled Unless msgroanant is made in waiting or Applicable Iaw regAm nrterea to be paud on arch rnacmrance proceeds, Lander" not be required to pay Dorrowcr any interst or on such prnceada Fees for public adjusters, or other bard retairud by Borrower ahnIl not be pa?d out ofthe ir►auraace proceeds and &blab be the sole ono orraw�er Iftiu rastoratioah orreparr is Dot mmoink aliyfamble orLa►der's secorsry would be lesam►ed, the igst r proceeds d all beappiied to the awns secured by this Seearrrty iiuuaaent, whether ornot thee due, with the VMM, if err p�d to Borrower Such' proceeds shall be apphed is the order provided for m $ ere don 2 IrBommeraboulmthaPfoperty, Lenda may file, oegodata and aetde anyavailablt inaurarea claim and regted irmtterait 5orrower does not wkNa 30 days to a nobs from Lender that the hm mice cashier has offered to settle as turret Larder may negetkte and attle tine claim The 30-dmy period wM be& when the notice rs guar In ather event, or if Lander acquires the Property operty under Section 22 or odmvis% Borrower hereby assigns to Larder (a) Bomwee smighta to any Umirame proceeds in an amount not to exceed the amounu unpaid under the -Note or than Severity lnarumnentr and (b) any other ofBa mmer's (other than the ri4M to any rd'uod of untamed prehruurns paid by Borrower) under all ins mot pohc 6 omwi ng the Property, imofar as such rights are spphm* to the coverage of tine Property Leander may use the lnsuratnce proceeds either to repair or resta Property or to pay mrounu unpaid under the Note orthur SeauityLmtnancnk, whedxrornot Om due 6. Oompaacy. Borrower &hail oomipy, estab&k and use the Property as Borrower's prihw-hpal residence witlde 60 days after the mcomtka of thus Security bmume nt and shall conrtime to occupy the Property as Borrower's pri zqW residmot far at least one ftame alp OVIP54"JIP O over B794 (4.14m)1PfIXW4 year after the date of occripartcy, unless Lender otherwise agrees is writing which consent shad not be uuteasQb*iy wuthhtid, or unlea4 =taatating dreumstances exist which arc beyond Borrower'; control 7. Preservation, Malntensi= sad Protection of the Property; Ittspeetiam Borrower shag not destroy, darnaga or impair tbePropptiy, allow the?Mperty to dehsiorate or commit waste an lire Whether or ant Birrawer is m idit is the property, Borrower shah mamtam the in order to Frevomt the Ji-om detariorat ing or decrstsmg in value due to its condition Unlen it dewmed to Sectioa 3 that repair or reoxxtion is not economically fbsaible, Borrower shalt rg=theprope tY srm ifdaged to avoid further deterioration deterioration or dansage iiinstuuroe orr are paid is coanctiom with damage tq or the og ilea Pryparty; Bong � be neapona it for repairing or restoring the Property if LawW F�as messed rvoceds for purposes Candor may ddsburse praeeds far repaus sod rzatontiap m srgle paymem Orin a aeries of progt^esspaymaaus as the worlr is completed If the inenrance ar Mulemnaboa procaads arc not ,pcclleat to or restore: the Property, Borrower is not rehaved of Borrower's obligatton for the com etion of such repair or testorabon Leader orits agent may make re efizics upon and itupections ottbep If it has reasonaMe cause, auW may in" the interior of the improvementse I Property Lender shalt give Borrnwer notice at the time of or prior to mid an interior hupactm apeCifytng such rvea MNC carat L Borrower's Loan Application. Borrower shell be in dethult iC duruiSthe Loan application process, Borrower or any pwsom or enuties at the direction oMorrower or with Borrower's koowiedge or cement gave mata'3aHy se =Wwdmg or taaccurate information or dmderrnatts to Lender{orfailed to provide Lertderwhh mgteFW mfnrmahon) m cometson with the Loan Mstenal reprn^saataiions tnclw* but are not fimited to, representations concerning Borrower's oompartcy of the Property as Borrowers principal reSI&9. Protection of Leendees Interest in the Property and Rights Under this Security instrument. If (a) Borrower Ws to perform the covenants and agreements coutsxned in this Sear* instrument, (b) then is a Ito proceeding that might OplifiCantly affect Lender's intayst m the Property aW/or rights under firs Security Instr umeett (sucb as a proc ceding in bankruptcy, probate, for oondemnatiom or farfehue, forenforctmatt ofa lieu which may attain te thus over Searrity Instrument or to enforce laws or regttbtum s), or (c) Borrower hasthe Prad= Lender may do and pay for whatever is masumWe or appropriate to protectLaHWI interek in the Property and nets under this Security Instrument, including ptntwfi ng andlor assessing the value of'the Pmpaty, and assuring ardlor repaitutg the Property Leatder's actions cap indude, but are not lutsted to a ova this IA COirrt, and y surns C V7 a heif k rna e9 t0 1nont �t3• erect the or ldn t�esurrty Inatrn�ewt, including ttsecured perinea m s g the Property includes, but is not tutdted to, aae ttg the Fr apeaty to make repairs, �oeks, rapleoe arboard up doors and windows, dram water from pipes, eGrriinate bsulding ar other code violatroris or dairgeroue condldons, and leave utihttea stirred uis or off Aldtough Lcstder may tales seders under this Secdan 9, Lender does trot have t0 d0 so sad is riot under any duty a obItgetion be do ao It is agreed that i.emdtr iaatrs ro liabt�ity for oat fairing atny or a!I arsons authorized under this Borden 9 Any arnouums disbursed by Lasdtr underthis Section 9 shall beporne ad&tku l MX of Borrower aeatrcd bbyy this SecurrtyInatrusttent These nmoums shed bear uttereat at the Note me 1}em the date ofdisbnrsersurtt sad shall be payable, with interest, upon notice fiom Lender to Borrower rOqu tng psymetrt if this Security i meat to on a leasehold, Borrower shatl comply with all the nits of the lease If Borrower sagtttres fee title to the Property, the leasthoid and the �x title shall not merge unless Lender agrees to the in 10. 11fo age Inrursnce. ]fl.ender re4w�Maslgage�rsrtCcas a carshtion of rnaldng the L oanBarrower shall pay the prmm�nrma required to tYnaimam the Mortgage Lmito �ea forsoyuiredbyLm er beavailable scam the martgu,ge msurrr that prevtousty prov, such insurance sad wasreqed to main:for tratrBorrewer aallt�aDD pay the roqu'tr� to obtainuivaledRto the Mwthe cost to Borrower ofthe Mortgage Irteurancae Qrly is effect, from an grtgeirruiraradcctedbyLeader IFaStaraiattyequivslenzMartgagehtattrmtoe coverage is not Available, Borrower 40 Continue to pay to Lender the amount of the separately designated payments that were due when the manwe coverage ceased to be in efibat Lender will accept, use and reeam these payments as a non-m iodahle loss Tarawa in Iieu of Mortgage Insurance Surfs loss re9u`llet strait be tiers-refun find that the Loan is ultimateiv veld in fia and Lander shall not be prod to�Bao�wer 900'$t S0008 9WOOL 20030sll8ao03a9M7 any interest or aarmrrgs on such foss reserve Leader can no longer require loss resem Payments if Mort" Insurance Cain the "mown and for the period that Leader s eggirot} pro MrAby as ins�er WCZ'd%Lander again becomes "able, it obtained, and Leader moonier repan to designated paymrah toward the pr>r,nlurns for Mortgagee Imuranors If Lander r gz'cd Maatgagc Imuranee as a coad'rdou of making the Loan and Borrower was required to make separately designated paymenu toward the prwa= for hfavLF Inarraz►c 6 Borrower " the p� rarmrs requiired to naaitatai<rMort Insurance in effect, or to provide a nonr adabla lea neservro, undl L'cnder*s='sUW r MaMpga Bouaance ends in accwdawA with any wMen agro urmw t between Borrower and Leader providing for such termh d on or rand t rmfixtion is required by Applicable Law lvodltigg im this Section 10 affbatsBorrowces obliptionto pay mterat at the ratep owded in the Note Mortgage inauranoe rtivabtuses Lender (or arty eI It that purchases the Note) for catAia losses it mayincur ifBorrower does not rr�r the Loan as agreed Bwoweris net a pang to the Mortgage IasrMW Mortgage n uffe rs evaluate. their total risk on all srreh h o urance in fomc from time to alma, and may enter into agreummts with other parties that "Hate or modify then risk, or redluoe Iowa These tents are on terrier and ooa bons that are sati6mory to the rho insurer and the othier or Wcoments. iheae agreements may rtgege' parties) w these require the mortgage irnaurer to tar a payments uA%nay sowce offends that the nwrWAgc assurer may have available (which may include farads obtained ftm Mortgage Insurance 7WMAs a result ofthesc agneemonxs�Lander, any purchaser ofthe Note, uather insurer, eaaurrsy dam, asY other' entity, or any of anyofthe� may receive (d'uectly or indium ) srounrtr* that derive 6vm (err be eharatt as) a pmt➢on onorrawies payments far Mo a< In uraom in �nge for 0mriog or awdi nthi the mortgage urarrrer's risk, or k>saea If such agreea►etat providesthat an shofi.ender taioes a are of the fn9 rer's n exchmr►ge for at save of the ptvmiums paid to the meow, the arransernmt is oft m tamed "captive reinwranca." Prather (a) Aug such agreements will net sheet the annosata that Borrower Lu maned to pay for Mortgage Luwanct, or airy oter tuns of are I m. Such agreesamts wM sot lnerealse the amount Berrowwer will owe forMortgargs Insurance, and they wilt not entitle Bor mover to are reNad. (b)A inch agreements wM not aliect the tighter Borrower has— if any —with respect to the }lrimIMe Insurance andor the Nexacewndmi Protection Act of 199E or any other law, T%m rights nary hat wk the right to receive cttUb disclosures, to request and obtain taste*tlao either Mortgage Insurance. To have the Mordgap houraux temburted automttkaliy, and/or to receive a relbud of any Mode Lnuranux prooltmss that wen unearned at the time of such c madatiou or termination. Il. Asslgument of f4bec ameous PrvuAo* Forfeiture. All Miscellaneous Proceeds are hereby saaigaed to and each be paid to bender If the sa char d, such M'ndadWeous Proceeds shall be ad to restoration or =alit Property, if the rests aton or repair is eoonomiaily feasible and Larder's aaauity is "rat lessened Daring :rich repair and oration period, Lender shah! have the t4gha to hold amb Masceliaumn Proceed urest until Tender has had an opporamity to i gKCt Mach Pro to err m the work has been completed to Lender's sudisfuuctrvn, provided that eetion shall be urAerta w promptly Lender may pay fior the repairs and restoration m a single d isburnment or in a sears of payments ss the wont is amnpleted Un1M an agreettust is Made m WMz or =L4: regwres interest to be naid an soh Misodhmooua Pros* Lamar slarlirequired to pay Borrower any or eardnp on such Wonellamous Prooeeda If tht restoration or repair is not ihauble err%.aader'a would t>a lessened, the Mrsod[apaaoua Proceeds :Etid etor not their due, eimy,paihere applied in er provided for tar Sacdott 2heewer oProperty, the Proceeds shall bered to the sums matured by this Seourcty In[a or not then d' vvrth glee excess, rf any, paid to Borrower In tiro event of a partial UW1% deatreacaoa, or loss in value of the Prageri in which the Sir mMrkat value ofthe Prrpehty umnedrately bdunr the partial fakirs& depprucdm or loss m value is equal to or greater than the amowd ofthe aims sectared by this Semi* habument immediately brdbre the partial tAba or loss in yalurt unless Borrower erred Leader otherwise agree rn writing, & shin scarred by this See my Immamect shall bo duoc red bythe amount of theMrscellarWMAProceaads multiplied by tiro followfrrgfnrchoa• (a) the tool atnomrt of the seam scarred immediately before the partial t WvL destruction, or WANMXM04 0lm440nrN MrnlMde MR WVOrrir< ttrylilUM" I%mxa V"tWrqr13pCW4 o«rr 8796 t"isrmisesrcrat loss in value divided by (b) the fair market value of the Property hwnediately before Olt partW taking deatru uon, or loss is value Any balance sha be paid to Borrower In the avant of a partial tskuj, desLIM f so, or lose in value of the Property m whA the feu market value a e P W nedsately Mora the - kkin& orka in value is less than the amount the sums aeaued ' before rite phi destruction, or tars in value, unless Borrower and Lender athawise agree is ivnwt dmdm Mssoelliumm Proceeds shell be applied to the sums secured by this Security Iastsunent whether or not the sutras are then due If the Property is abatidoned by Borrower. or X after notice by Lender to Borrower that the OWmi hg Party (as defied in the nod mama) of%s to time an award to ale a claim for dasmges Borrower fails to respond to Deader within 30 days after the date the notice isgivet , II er is zwwnned to and apply the MIKAllUMUProceods either to mouxation or reQair of the Property or to the sums secured by this Security bntn>ment, whather or moo. titan due "Oppowg Party" roam the third pity that owes Borrower M wellaneow Proceeds orthe party sgalttst whom Borrower bas a right of action to regard to Iufi%MM&tm*u Proceeds Borrower shall be in default if any action or proceeding, whether avrt or amninsl, n begun that, in Lendees judgmesut could result to far&itiue ofthe Property or otter material impatrmeuu of L.ander's intro eat in the Property or rights under this Security Iratrutrtent Bormwer can cure such a default and, if accderation has o=mvd, r ewtate as provided in Sect on 19, by ea the action or proceeding to be disraiwmd with a suhng that, in Lenders lthdgcitent,p orfeatiue of the Pro or other material � of Lender's interest m t}te� yy or rights under this Saxm>t}r Itphttmeru The procaads of any sward or rain for damages that are attributable to the unpairfnent of sander's interest mthe Property am signed and shall be paid to Leader All Mhassigned Proceeds that arc not lied to rector ton or repot of the Property than be applied n the order provided far is 3ecuon 2 lx. B anvwer Not Released; Forbearance By Leader Not a Waiver. Exumon of the tune for pgme tt or modification of arnwiration of the sums sectred by this Security lm:uurnew jgwKed by%ender to Borrnwerar any Successor In Interest of Borrowershall not o to release the 6abilityofBorrower or arty Succ emm m Imarest of Bam wer Lender s� be required to caanmeace proceedings against my Suocaum to Interest ofBerrower or to refuse to oftW time for payment or oche wtse raodtfyam oration of the liar seanad by this Security Inatrtumeat by hraeon of any deawud made by thus original Borrower or any Soaocassnrs is imttent of Borrowtx Any fotbearanae by %alder in ehtarrtg any tight or remedy iruaudiag, wit3tocut liautaiinra, Lprtdesaa aooeptartcxs ofpsrymarta fzom third parsa�q, etutitiea or Saocossorr b Interest of Borrower or in auhtounts less than the attaoaurt then en due, shall sot be a tWaiver oxf or preclude the ncerase xof arty ' t or rattedY i3. Joipt and 5tverud LtabhiltY; Co-hatneus; tad no Bound. Borrower cavethants end agrees that Borrowd' nbr>�tioos and Gebdrty sba>h�e joint and several However, any Borrower who this Security Inatrunaaht but dos not uacecaute the Note (a "rn-aagnor") (a) is co-signing Se amty aistrMert only to martPgc, grant and convey the Go-sigoes inl i -F A in the Property larder the terms of this Security Instnunart, (b) is not personally obligated to pay the duns secured by tins Security Sosttumem, and (c) agrees that Lerida and any other Borrower can agree to extend, modify, forbear, err unaioe acconuoodatoaswrth regard to the terms of this Security bmtrumart or the Note without arty the cosigner's Consent Subject to the pro of Secom 18, any Successor in Interest of Borrower who ashumee Borrower's obbg provisions thus S Ir�nrmett in wntm& and a appranrad by Leader, abali obtainorr all of Bower's rigktts�bene to under thus Seauyty Instrunumt Borrower "not be rased from Borrowe's obbptuons and liability under this Security Lutr ument un item Lender to such release m writing lire cove mmu end agheernom of this Security Imbunatrt tsis» buad (=Wt as provided n Setrwn 20) and benefit the hrtuccamrsa aid �Lender s of Leer 1C Loan Charges. Larder may charge Borrower fees for services performed m connection with Borrowers default, for the purpose of protecting Letudes'a interest m the Property and rights under this Sompty Instrumc* mdudm& but not funned to, attorneys' £sea, property uispeam and valuation fees In regard to any other foss, the absence of express MAhonty in ttia Seam l ash ument to claw a speaflc &c to Borrower shall riot be construed as a turn on the charging of such Lauder may trot charge fees that are res expsly pro!>iby this Security Instrument. or by Applicable Law If the Lola is subject to a Law which sets umcinarm loan chtargek and first law is finally interpreted so that the ihrtetrst or other ban charges collected or to be oeIIeaed in connection with the Loan exceed the parndled ten itsi, theist (a) any lath loan charge shall be radw4d by the amount necessary to reduce the charge to the periaamed limit, and (b) any wraps thready collected from Borrower which exceeded permstted linoits will be refunded to Borrower La er may choose to males thin retlsud bymducuhgthe principal owed underthe lhewaoa trod Ji W A411.444 utw a 8797 (44iwa) tTa tC3i!<a t;ooUeaoot;aeas:M 20DM08hMUS.009 Note orbymaking a dLmrt pwp=t toBorrower IN W%wj rodum principal, the rexi►scdw rw0l be traded as charge it, ajar mz tine 'dmN Borrower! aocq Chose (wh tance Of a" iot a Mhent such byirect p#�ne to Borrower will a waiver of right of action Borrower N have trim out of amh � 1A. dtiem A0 =bm gmw by Hormwer or L order im tDamudm whdttthia Swai►y bwwnwA must be in writing Any notice to Borrower m oonwetionn with this Security Instrument shall be deemed to havebeen given to Harrower when mailed byfsrst lose mail ar when achully delivered to Barrow's notice a,ddreas ifsent by odder means Notice to any one Borrower Shan oomtivute notice to all Bonuwttrs unless Applicable Law opessly requires odwvAw The ranee aftm shag be the PropertyAddress unless Borrower has �Do�address by notice to s change addrin If Landeros & pv shall Wupromptlynotz$r spECi6ei d prncx$nre for Borrower's change afaddrem% then Borrower shall only repon a flange ofaddress that prnccderre 7'lherc may be only one designated nokiea adduces ender .� Ifhhcatm7drt Et ury one tiXtle Airy motlDe to Ltador tthetI be by daliveriTng it or by it bYfihst ciaEs nLil t4I cnder'E address Stated herein hrnit3a Lender has daaigrheted anatteae adds+eas by aotiee to $orrovver Amy n0tiee is oonrheclian with thin Sechhnty Inatsummt ahem not be deem to have been given to Lehhder uthta receiived hY Lender If c>Qtioa required by thin Iastiurnent is also r eghuired� cable Law, the Appiicsbk Law requFratcer►t whll sa6s}y the cDrr>•spanding requirement wider thus ourcent 5OMWiX Governing Law; Severability; Rules of Csra6vcdaa. This Seemly lnshumeot Ad be governed by federal law and the Law of the jurisdiction in which the Property is incased All rights and obligatiasha toahiued in this Sttyy beta m AQed to reqany uirementsand sulicsbk oofAppGcableLaw AppIatwm4 texGdtlycrumpfuatly allow the parties to by contract or it might be :deal, but such ah moo dhall not be consuehon agsuW agreement by onf" In the aet haany pronsiom or ,law oc Inatnn wit or the Note cones with Appikabie Law, such covoict shell slat atibct other pamiscans of this Security Instrument or the Note which can be given effect without the OxIff tt$ provishan As used to 66 Secretly Inctnunent (a) words ofthe hnasaslma HMAW simii moss sues inchtda cosregonding nmE* words or words of the fcnirdw sender, ) words in the singular 64 mean and inducts the plural and vice versa, and (e) the word gives sok &acredam,without any obI44on to take any echoes 17. Bonvwees Copy. Borrower shall be given one copy ofthe Nate and of this Security It ournot IS. Transfer ofthe P m ors Be"dal Interest In Borrower. As used iutt�is Section IS "Isstmrest in the Prvpat mean: airy legal nr beneficbl interest m the Penpe�tjr, indudi i'xrt not limited to, those beneficial Wifests trm ibrred in it bond iior deed, contract for deed, anent sales contract or escrow erg memeut, the h tent ofwhieh is the transkr of title by Bosvwer at a ftme data to a purchaw FRU or arty part ofthe Property or nay Interest in the Property is sold ortransferred (or if Borreaw es not a nedural pemn and a bom kW inwreat in Bonvwtx is sold or transhn,ed) w'WmxdLander's priwwnttee corner;, lender may require irmmedu to in liili of all s;mhssecured by"5ecwity 1wMvm nt However, tins option sha� exercised by [.ender if such ecercin is Prohibited by ApAmNe Law if mender ac r4m this option, Leader shag grve Bortnwor notice of accAemstkm Tbo notice than provide a period of not less than 30 days fivrm the date the notice' �rven in aacardmwe with Section 15 within which Barrow,, moat pay all arms seasxd by this Securitylmdtmsemt IfBamwerfails to then Muusydor to the aviration O'this pakxL Lendwmay invoke anyreanedm pen ad by this SaMtrsty TAstrumsemtwethout A>rtlhtr notice or dermal on Borrower. 19,Borrower'sRighttoReinstateAfterAcalmtion. ffBorrowermuftscertain omhdit =6 Borrower shalt have the rigdt to have enfirverrwa of thus Sec;AUy Iasteunu mt disDatsdaiad at any time prior to the awliest of (a) five days beftav We oftim Property puramht to any power of sale contasned m sirs: Sawnty katrtmheM (b) such other period as Applicable Law might spy for the termination of Borrower's i%* to rninatase, or (c) of a judpm eehfor�g this Seeuity ins un*nt Thosa comdrtloos ilia stud Borrow era (a pays Lander all sums which then, wrnild be duo under this Swmty Is4tnmrett and the Note as ifno aeDelwation had oeaursed, (b) urea any de lhuk afauy other om m wts or agrowcuta, (c) pays &I Otp omes imwrred uh this S Imetrzuaent, inducting, but stet T>mhxd to,reamnalik atttoorneye fits, s � an vak>�on fees, and ether fees i wffed tin the purposethe prop" VW Asms under sties Securi Lustrmm and (Mukes web action as Lender may reascrably require to assess Maatt Lender`s interest is the Propaq and rights under this Security kwnunept, and Borrower's obligation to pay the sums secued by this Sewrq Dinnmmemt, shall continue hasdumged wA8>i�L�[ott l�avi r•it)twfL+w�. MIC UIWFORM nWrfRt7mn Y,RMNO im "OlfllPF4 DaN 8790 ({4,aoe1)NPaiCim Lender may require that Borrower ay Such rrsr mses neat sums aid vq in one or more Of the foiioaring forma, as selected gy Lander (a) casket (b) money ordecr, (e) mlified check, bunt check, Utwurer's check or cashier's check, provided any such check is drawn upon an institution whose dapoilts are msuz ed by a fedwd agency, instnunentality or entry, or (d) Eledromc Funds Trandier Upon t ddrivx by Bonwn r, this Security %OUmeiit aid obHgoc= secured hereby shall remain My affective as if no aooderation ihad occurred However, On sight to re maw shall not apply in the case ofacceleratiou under Settian 18 20. Sak of Note; Change of lam Seevicw; Notice of Giievaum The Note or a putiai interest in the Note (together with this Security Bu trui neat) can be sold one or more tin w without prior no= to Borrower A male zn:& result m a oh he the entity Qmown as the "Loan Sarvicer-) that colic u PetiodlCPsymenb; due wider the Nato and this Swwity Iastrumam and paforms other mortgage lose ser=4 obggations under the Note, tits Security butrwoent, and ApplIcW& Law There also night be one cc more o m*u of the Lam Servim unrelated to s saleof the Note If them u a change of the lAm Servicer, Borrower vh M be given written nobm of tine change which wW state the name and addmu of the new, Loan Ser, kcr, the address to which payments should be made and other mformstion RMA requires m oonmectionwtth a notice of tixnsfer ofa num Ift%Ncte is sold sM thme4er the Loam is serviced by a L m Sevicer other than the purchaser of the Note, the mortgage loan sam&g tioru to BorrowerwiR tetnsinwM ftL.om Saris or be transferred to a successor I xnm. and are not anumed by the Note purcha cr mites otherwise provided by the Note purchaser Neither Bosmww;w Lem ier tray oornm m% join, or be joined to any judi W action (as either an individual htigul or the member of a clips) that arises from the other party's actions pursuant to this Secunty Instrument or that altega that the other party has breached any provision of or may duty owed by reason of. ##hhiiss Security Instrumen; unW such Borrower or herder has notified the other petty (wit$ such notice g' m comprwm with the require<n ats of Section I S) of such slkeged breach and aftded the other party hereto a reasonable pa tad after the Iving of such notice to talco omyocrtive action If Applcabk Lave provides a tmie period which must elapse before certain action can be taken, that time peaod will be deemed to be renonabie for ��of das The notice of aacele ration and opporwity to an givau to purauaat toziection 22 and the notice of scoderation #4n to Borrower putumnt to Secthaa 18 than be deemed to satisfy the notice aid appartwuty to talre aerreatrve actrari provtsrops of t}ns Secdan 20 21. Haaardoiim Submtsutes. As used in tins Section 21 (ui} `Ziaz$rdous Substances" are those aui>stareoas defined as toxic or hazardous substances, poi4itants, ar wastes by Fmirarrmental Law and the following substances gamolttie, kerosene4 other fiamalatibha or toxic petroleum grvducpi, toxic stieidai erid herbicides, volatiTa solvohita, meterisls cotttaia sAbestos or inrmaldehyr and raduuac6ve rnmterials, (b}'vituieilal Law" nnans federal isws and laws ofthe jurisdiction w the Property ra banned at relate to health, safetyy or esrviroturaaital protcdion, �c) "Envtronmental CkMW iachidea response Acsiam, raiiedusk action, or removal a��, as dc4aed in � Law zod" an "Enviromrimtei Condition" means a c ondition that cisn cause. coritnhuta to, or at ansc trigger An Environrneh>W Cleanup Bottvvw shall not cause or pernmt the �rd spasel, storage, or release of any fkzudous Substances, or threaten to release any oua ubstance% on or in the Property Borrower shall riot do, nor allow anyone else to dc, awW � urrg the Property a�is is violAtion of any F,nviraraiieital Law, (b) which aeatravoronmeotat a, or �c) whichh, due to the presence, use, or release of >< EiAzardahts Substance, treats a oondiLoa that Advaly affects the value of the Pro Tine preceding two aenimces shell not apply to the use, or storage oa the arty of snail quantities aflfiazardoas Substance that ri oagamdd to be p ereidatW us� es and to iaiatitx of file mctvduig, but riot li bed in consumer products) Borrower shaft promptly give Leader written notice of (a) any iovestijiatim clam, demand, lassiirt or other action by any governmental or regulatory agency or private party imvolvirig the property and any Hmx*w Substance or Eimroamental Law of which Bonower has actual knowledge, (b)) any B:r irommY�u�eirt(al�]Condition, including but not hmited `M spin in& kakis , di release gaase or till ai o rAease of any HAzardous Substarxx, W, Sad (r airy oondition caused by the presma; use orrelease of aHwifdeus Substance which, adversely affects the value of the Property If Borrower ]cams, or Is Ratifrod by any gwarmnentah or regulatory ainliority, or any private party, that any removal or othw remedisdon of ArrayHuudous Substarwo affeetmg the Property is necessary, .Borrower Ahall �y take all reriiedial actions m actordabm with Enviromnental Iaw Nothing rir shell create ' ob ' an Lender for an Enwiraommtal tamp NON UNIFOariyRM VENANTS Sormwer and I erYier fiutiuer aivern:rrt aadagree "Wows WA row. bleaTroolft (tea Vrerroau aYTaT hnW raMSaa IM &WOlao-Orago Duo 8799 (4{-mer)1P KW40 4W'StEDt109o8 MM 2003ON8000M.01 t 22. Acceleration; Remedies. Lender shall give notice W Borrower prlar to avoticration fullowing Bon rower's breach of any covenant or meat to thls Security Lutryrmcat (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify; a) the default; (b) theaction reguked to cure the default; (t) a date, Rot less than 30 ham the date the notice is given to Bonrowcr, by whkb the default must he cured; and (d) that Mum to cure the default on or before the date specMed be the notice may result In toccleratiet of the sums secured by thin Somrky Lutromentand sale of the property at pohHe auction at a data not less than M days in the More. The Notice shall further Inform Borrower of the right to reinstate after sccderw#iov4 the right to bring a court action to used the non- existence eta dtbait or sax other defense of Sorrwwer to accthrat;on and sate, and any other matters required to be included in the notice by Applicable Law: Ifthe defikidt h not cured on or Wen the date sptdiled in the notice, Lender at itsaptka, nary require bnmexliate payment In fail of all sum secured by this Security lint without fortber demand and may Invoke the power ofsale and/or any otherremedierpermitted byApplkableLaw. header eba be a nditd to coGett all expenses incurred in purardng the remedies provided in this Section A iadading, but not United to, reasonable attorneys' fees and costs of title evidence. IfUnder luvokes the power of sale, Leader shall give wAftea notice to Trustee of the occarreact oraq c"at of default and of Lender's ekctian to couse the Property to be sold. Trustee and Lender shalt talcs Arch action regarding notice afnk and shall give such notices to Borrower "d to other persons as Applicable Law may require. .After the time required by A piles6 aLaw and attar publication ofthe aodee of isle, Trustee, without demand on Borrower, shall 24 the Property at public auction to the highest bidder at the time and place and udder the terms designated in the notice or sak is one or more pareds and in any order Trustee deterrniues. Trustee may postporne sale of ft Property far a period or periods permitted Applicable Law by public mmounceme at at the time and place fixed is due notice of sak. bender or its designee may purchase the Property At uq 84L Trustee shall delver to the pvrchuer Trustees deed canveybrg Ike Property without any covenant srwarranty, expressed or Implied. Theredtals lu the Trustee'a deed shoal be Mom facie evidence ofthe truth ofthe statements made therein. 'Trustee stead spy the proceeds of the sale in the following order; (a) to all expenses orthe salt, inclod3n but not limited fa, reasonable T4wtee's and attorneys' fee,, (b) to all scans secured 4 thin Secant Instrument; and (c) any mum to the person or persons legally entitled to it or to the clerk of the superior swot of the county to which the aaie took 23. Rmonveyance. Upon payment of all sums secured by this Security Instruam t, Lender shall request Trustee to w=M the Progtrty and shall svrseruler dos Somu ity Instrumtrnt ad all notaa avid dmS debt securedyb the Security bstrument to Trustee T mew sliali reconvoy the Property witim ut warmay to the puma or persons legally entitled to it Such pawn or gertma shall pay any rewMadon costs and the Trustee's flee for prepariq theraccn SubstltukTrusfea Inaccordaacewlt$�bleLaw, Lender may Gvmtime to time appoint a successor trustee to any Trustee ap bmwnderwbo has ceased to act Without couvrpmee of the Property, the mx*uwr trustee shall succeed to all the title, power and duties vx&tftd t�Qcm Trustee herein mttd by AppLmbla Law 2& Ure of property. 4 P is not used pcinapallytbr agdaultural purposes 2G. Attorneys' Pees. Lend be entitled to reoovmr cts reutsonabie attorneys' fees and costs in any sawn or pmoeedmg to awstrue or enforce any term of this Secunty Instrument Tile term "attorneys' feces," vvheuovar used in this Security Instrument, shau iccludowntbout hrurtauon attorneys' ibex ttwsmW by Lender m anybankrupteyproceedmg or on appeal ORAL, AGREIMEN'1'S OR ORAL CO34VWTr 4iir:M'S TO LOAM MONEY EXTE10 CREDIT, OR TO FORBEAR FROM ENFORGtl1�lG MWAYMMKT OF A DEBT ARX NOT ENFORMBLE V"ER WA&MGYMN LAW. 1wh,,.,y 4 teYg11 f1gr�MwelFntdrtl.c WOM Ots'CIm�M" ca mot} t lsratcsxri BY SIGNING E2WW, Bommer sac Tts and a ces to the terms and covens " conWned in this Seau* Instrwac It and in any War excuAW by aonvwer and recorded With it Witness If r ) oars. 31 AVMLtu err (S-D 4kin ow . - csfto _ oes -Bann* r STA'TB OF WASFiITiCiM Kann County is On this_ day of �ygs, ,03 , before we the undersigned, a Ntc�ared bk in and for the State of Wastda$tm duly aotn mooed and swom, persoftJ y na an— r AVANIAN tome lawn to be the Mdual(s} described In and wino executed the foregoing sattuawt, and acimowlcdged to mcthat _ apt- - aignad and a the said atsttvtnent es grs _ free and vohtntary act and deed, for the uses and pmposes therein nun Toned Wn'P '.SS my hand and official seal affixed the day and year m this caroScate above Mitten Womfy Public In and far ibe State of Wzodmwn a z CMA o nAR9x NAMPr9nted Residing at sa omm sr I YAPPuuttmrntFsxpirta► 9/18/04 WAa1nlWr0ft-8MjUP'ar�.-FMoI MftTrv4&Xm MWORM Q16T8wHR T ra mUft Las "17q/JJpw4 noon 8801 (4-14-MI)rrsxsaa1= M'SYE0008090m m 20030808000349.( STATE OF WAMINGTDN, XING County ss On this 4th day of ;T�mst 2003 , before me the undersigned, a Notary Public in and for the State of Washington, my commissioned and swam, personally appeared GAIL M AYAICM_ to me known to be the uidirn0uaKs) CIMs MM ut W wno executed tine foregoing U%Vur and acknowledged to me that shhe signed and sealed the said instrument as her free and voluntary am and dmd, for the uses and purposes dwrein mentioned WrMSS any hand and officiai seal affixed the day and year in tins certif rate above written 4 SIEPHAI�Ip J BOWEN Notary P c in and for a of Washington NOTARY PUBLIC Ua Tl: {7F YY ^{4,7F�Pii3ll�N &TMAM J_ MEN -- COMMI&SiON D MS; Name Printed FEBRUARY 19, 2004 Residing at REWM lyiy AppoUancnt Rvires. 2/19/04 200W8D8=349.D14 REQUEST FOR RECDNYSYANM To Trua&e The is the holder ofthc note or notes so mad by this Thcd of i n* Said rate or notes =V2 ail odd Wktodamu soot W by this Dead ofTalst, have baeu paid is ID You arc hereby directed to eanod said oft or not sad this Deed of Trust, which are ddive hermby, and to recoaaey, without wa nmq, an the estate craw held by ym undo this Deed of Trust to the person or persona ieptly en6tkd d erdo i= SVAXMZJUTOR-84*FmmbPw*14% ll* ddk,Ms VXMAM err Inmi a im osIJiflip t* 8te4 BM 04-3 MFM=$43 2003OW8000349.01 That portion of the south 165 'feet of the north 825 feet of the northeast quarter of the northeast quarter of Sectz.on Io, Township 23 North, Range 5 East, W.M., In King County, Wastin9tou, 2yxag Westerly of the east line of Lot 21, Roney Creek Estates, accordzug to the Plat thereof recorded iz 'volume Z3 of Plate, pages 30 and 31, in King county, Wasiuugton, produced southerly, TOGBTMM WITS an easemat for ingress, egress and utilzttea over the north 3o feet of the following described trract- Seginnaug at the southeast corner of sated Lot 22; Thence south 88114106" east along the South line of said Earley creek &States, a distance of 210 feet more or less to the east I=c of 7.464 Avenue smtheast produced southerly. Thence south 165 feet more or less to the amth line of esid north 825 feet of the northeast gaarter of the northeast quarter of section 10, The=a north 88014106" west a distance of 210 to the southeast corner of the main tract herein, Thence north 165 feet more or less to the point of beSi=-tag;, 2.n Sing county, Washington 13A 20071221000241.001 After Recording MaN TO: Fist SWrigf Bank Norlh"5t Pt? 9Wr360 RwgDn. WA 28067 Thin Spate Provided for Recorder's Use WAen Reamdcd Rdnm To: First Sm&,p Bank Norif t PO Box 380, Ramon, WA M37 D=uml mt'JWj) Dead of Trust John L SfnNh Ca=McW Flat Flnaricki Dhwaffiad Carpondlon Lad Deaaipdod Late 16, 28, and M Sro *wnald, VOL 221, Pga, 25 = Ann wr's Property Tu ftmel or Accoo d N®her 11374OD29004 1137400=07,11374001 SM Rdarmoa Numbers of DDw umu Aatigaed or FAka W 01.15125(WU - F." d Or= Abnb 7bb Lbw 7arh;t DWO �NW Mjj�� DMli OF TRUn UU-Igql t. RATE AND PA87'iF.S. TAe dw or dtk Deed of Trima (& a ky boumec0 Is i711fi1114J1f j9,._qU................... sad tha push apd ibslr addnscs are a follows: GRAN M- Jahn L Smith, a Single person PO BUM 2570 Renton, WA 98038 D 11 ebmW, rdw in the Mcaed Addends bWporAW herein, for addltian Gmtou, their and -AwwWdpxzn• TRUSFGB: First Fbmnc d DlvarsMad Carporittion 2D6 Williams Ave 50M, PO $a% $68 Renton, WA 99067 LENDtlg First Savings Bank Nortirweat 201 Walla Ave S. PO BOY 360 Renton, WA 91057 2. CONMANCB. For good and valuable —Adler, she =Mpt =d urtscienly of Tthlth lc Kk-wledSed, aad No secma dne Swaged Debt (dafmd balow) AW Curator's perlb—Mo wider *a Senj* lostlunwxd. G'rsUjbx h7a7Oaably Bma, wwmy& and tells to That", is UM IN the benom of i,=*, will! power of nlc, rho foDawiaadeacrR od pTergr Lxft 15, 28 end 29, Brook&Wd, eccordkV to the plat therwof recorded In VWume 223 of Plata, Mn 25 through 286 Induaiva, In tang County, Wnshlr4 ftn. The property k kcMd ilk.,. Q....... .................. at 1034 RRMItrn Ave HE............ .... .. grtfnre ., waahwow ..@8 � ._.._ CAd&U4 . �) CAP �.. W0051 �L� AVe N $ M 11vaico Ave WE Renton, Wa 9M WJ.Afalpfg7-}� UldOFCREDITDWOrVMr �8r fi: o081 rdR? Morrol MK R1K rin 02VAM WT Rn aIE atin i7rFlRTTin9RlalBto011Turn[R1MW Ekr.w rw.,onWMW-WA aQrnoos 20071221000241A0Z Taptbw with all , =pp , rwAftlec mlm= righie, oil and &at rjgbu, aU wa w and riparian rigbp, ditches, and wales stock Lad all a tbft mtd bdmse aurprCrvpaents, -trusts, ftw a, and mplaoctu aq tbat tarry ww, or u any time is The fnt m. be pea of me real enure ftalbed about 4E mkrmd to as 'Property"}. 3 MAEIl4[[►iMY OBUGATWN IM&T. The total prhK4 al amo= seemed by this Secnrhy loratac, u sW nee time atoll not tweed $IMIMM..................................... Thn ran oft of &mount dM M facfade iaa t Will 4dW ftO ttad ch%W9 validly aaeRe poraoeat to This Seomrily lmtr®eat. Alan, fib lid dces sot Mply m advoozs made M&W be items of ft Sandty Instrument to priTeect La da'a hourly tend to perform atsy of Tte twrenxnta oontabed is ifs Security ImmOracm 4, ,SBCIIR® DEBT AND Fi TVU ADVAlVM Tim term 'Seamed Debt h dettned sa follows: A. Debt incurred ®der the te= of all pmomWmy note{*}, conb W, goarangOea} or other "Ae= of ddx deacr>Ded below and PI tbtk rxteuLefoss, tx mWs, modficaboes or saballamenr. (ft nut qwc#kW* k1boo Ow de&W jeaw ad and)vv .shnedd h=We the jraod n owitr dolt of+rdi tgudf{r).J Rome Equity Line of Credit Awaamnt dated 12114rAW. with maturity date of 1116fZIY18. B. AU 0 - e adraaoes frost Lender to t7ttmsor err pea fapme abliggi= of Otartom to Lmdcr under say prombmwy note, tantsa, goaraaty, or otlter evAom of debt cwcuted by Grantor In bvot Of Leaden aria Art Sxnrlq lnstrWmmt wbesba a ant thds Se=* betrttmatd is apecisMU,Y rc tee ved, If moss than one Pam =tea Ar6 %=icy bomment, each Ctntnror agates that this Savorily kwwmbmt will secaan am fatsre edvnm as ftunme OU04oft la are given to or iomma by jw one or more Nestor, or nary one er more Otnow and otbera. All feumr advances ad other iliac oblige den are serarod by Us Sects * Instrument cum though all or pan may sot yet be advanced. M ittt ne edvancb and otter More obl are sm=W as if mods on tba link of this SWcorigl lassnunmt liOQMS br b18 Seclty Iaau'ameat *a8 ca4sMte a commftrt t to make s"lin sl m fntate k s= m adTwir2s is mw smo®L Any su a corium" mt test be etgraed Ia Ina aeptrM writing, C. AO odmr 4ftatb= Grantor ores to Lander. whkh mat' iota erase, to the exteatt sot prohibited by law. filAdhow bA va *Rkcd lo, NabUttfes fttt overdrafts relaft to sop depmu accamt agxaamtatbetween lraamrand lender. D. All addltioeral sortie advanced and cTeow i e ned by Leader for In� praavhg or admwiee paotxttng ft Property and IS value and atq allft atrms adv®ced and cxp u Iscturrd by L=*r tMdett the Terms of thta Secnritr haTmOag. in the cveut dW Lmda gait to wavide argr wed nodes of Thu right of vmksaon. Leader wafvea my sobnqua t seeurity latereu in she Granw's priw4W dw ilang am is crated by this Security 1 S. DEW OF TIRLW COVEMAHM Gnaw ;gran mat the covenants In this mcdon ors material oblipu= under tee Seared Debt and *a Scut&y Inshvmem. If Omwor braaebta say cawettw in thin paxiao, Loathe uta Jim Dy roe e� caiag other remedy on lb=='& breach, sender don nor wai" Laidar's riyhT to late wndder Are evW a breach If k baM= Spin. 8ayaaerta. (hater arm Atat AN p"mend ands the Secured Debt wlU be paid when doe sad is accutdowe w m dw term+ of t)tt: Secured Debt sad pia SMT* Tin ft=M rr Prior Secarfty 7atwitsts. With repnd to any other moripp. deed of t=4 aetatrky kpc mrar err other bell docaaeut that c>rotaed a priar M=tty iatalm or 0=wM=6 Ca do Property, C,rawor spa w sake all payments when due and to pw*= or comply wit eel ootronaaft. O mnror aim agrees sot to allow aW modiSeadoa a as mom of, nor to rogt¢u any future advances under any mat or agrocwty secured by the den document without Lendee l prior wri = aMmvsL Clahns Against Title. Oran or web pap all taxer, assent, }lens, evmw* =%, lease lxyraata, g wand roans, tufl[tia,. and other eharxcs nlallgg to the Property rvhem dtta Leta3ar mtpr ratio ire GrsoRx to provide to Leader copies of all undoes that ru& mootmu axn due and the rae4 is eTkIcacing GnLftw's payment titsaepr %Q deft od dtk to the Prapezly sViost any etaima that woad impair the ttM at this Scmf y Im nmea,t. am= a8aa to an4m to Lader, as mqueated by Leader, aqy r4fts, cfalms or defema Cltantor may have ggamat puller who mWiy labor or ==kb to welaw or tn-p the property. aieON* an#werr tiOIL C.. A" eel r.r OLH+LW -WA tN IMS F072 20071221000241,003 Propcdy Clan, Akerstfont and Iaspeedon. Gramor wM keep tk Wopaty in pW c oithko and MAIM au rMirs that are mane"* aecaruy. araaatr shelf M Woun t or allow my waste, b"hMarA, or aNaiondn of the PwPerv. QMVW :grew that the snore of the omcupsncy and are wm act wlututiaiy chmp wfmurt Lmdeea prior wn am eonum granior will not partah my chanp A uy BDx , rcatrkbw c7no d or wooeat wlitmut Ltnrda's prior written exsaeut QrP=W wiu ratify Leader of ad de=ods, proctodiagx, dattas, and acllppa apinrt Grantor, and of EW loaa or damage to the PmPtay. I calm or Lemde{s aputs ouy, at Lander'& option, eater ft Property at any reanmabie time for the I r ; 0 A of tWpa-ft the Prcqraty. Leaner shag Siva t3ranto[ Arita art the tetra of or before an s ipacbm specifying a rvwom A& purpose fbr the mq*dk n. Any kqxmm of the Pmpaety " be catitefy for Larder'& bore l sad Grrmr will to w way rely on Leuhx'a inspeedar. Authority to Poftem. If Mantor U& m perform try duty or M of the con= xas contained in W& Secuity 1rr, t, Lead& may. wwithoot mticq perform or erm them to he peribrmed. Gramor RRMb h T u &M=cy fu fact hD gp Grames mete or pay arty amormt necessary for pafmrmaatx. Ltmdw's right to perform fern MUM &bail not crease an oblipadon Io, perform, and [.endue hD= m pairs will ace paectadc Leader fleet c=Wmg any of Leodces afar TWO under ft lax or this Sec-Mity s =W=3 Laxwhoft CmaanichmK )wed Lteaff DerekVwads. Grantor &gapes to tcty with ft provldoos of My hasp if US SOOBK* hWUMMmt is m a teatehold. If the Property includes a uadt in a condomiahttn or a pimmed -k devrlopmewt, Gramor wM perform all of {;®toys duties umdr the cmmzams, by-laws, or rep+ldivat of the r ocdominiam or plamud unit de miopmemt, Cdudannadom. (huhm will ztm Laarder pro" mote of airy pemdmg Or Amamemed action, by pdrate or ITO& eu n to pnrcAasa or tab soy or all of The Prep" throrastt ceo&= adm cmmew domain, or any Other meanL'armtw satharltty Leader to tpeervaara in Ckantor's mme in any of der above desulbod WAM ar &Lima. Giaator assidaa ao Lauder mo precede of MW Sawd or UWM for damsel ooeeeeled with a mtda =An or o*= taking of AU or airy part of the Property. Stroh proceeds shay be cooskkrW paymeais and wM be applied as provided m fhb Secarity idtrum=L This aufgmarat of proceeds is subject in to tests of clay Friar maim, deed of tart, :&entity• Mgrtxa= or Other lien dacemma L k mmwoct. Gra=c dull keep Property to ured Witrrt km by >xr, 9oa4 thM and other hazards sad risics ftawnehly associated widL the Property due to fu type and mcui= M* irrmamee shall be Maki ed to the smatma and for to WWI that Isadr regofrea. What Lead= rogrdret pry to the Feceecliq two tentI can CbMW ehttlag tie farm of dre S=rtd Debt. The ttrwramca emir pwWag the imtuanre shaft be thous by Gameor aoh)na to I crrfr'a nppraval, wbicb shall rat be wereasonaW whhhdd, If Groncor fib to mabaLl to courage dcwtlbed above, Lender may. at Leader's epdom of ala coverage to protect Lander's rights io me Property aecozdbag to the wms of dd; smutty fmtrooem AN Mouronce policles and renewals shag be aecpptab)e to Lender sad " farltde a standard 'mortgage chn, - acd, whom applitahte, -toga payee caw • armor &ha11 iwodisttly rtattiy Lender Of eaace&M or ter<mtaatfop of tee ft . l.mder shag bare the rips to (told the poilciet and renewals. It Lead& reqghu, tixaator staag i give to Lander ad tee c" of Paid premk ms and renewal nUMM Up- lop, nraatw :half on its MY" nertiep tb We inanaaaca Carrkr and 1 mdr. I peeler my main proof of sou if not made fmmxdW* by Qum Mesa odwwba agreed to wtit<og, all Insmom proceeds shall be applied to the rwtorafon or repair of the Pmpaty or to tea Seared Debt, whether Or not them dug. at Leader's opt$= Any aAftatiom of proceeds to pdncw shall not exceed or postpone the doe date of Ilse tobednfed payment mar draoga the uw= of my paymuL A3W excess wig be paid 10 the Gam. If me Property of acgWred by lender, Ormmr•s right so nay ias n= policies and proceeds rmd&g Roar damage to the PrapcM before the acgoisitioia sbiag pass to Larder to the c=M athe S=" d Debt Ww eft* be = the x ufaldm Ffmaaciul Reports red Ads48ensd D=useots, Grantor wAl provide to Lender up= regacs, any 8aamelal aasasmt or hArmasion Larder may deem rauaeably newum. Graetor agrees to sign, deliver. and fi9a any skdbiOual dx=ab or COU&s4ons that Ietrder may consider nece"Rry to pufett, comdmp, and preserve Cn = s obilgatiom ender rate Scumisy imgntmemt and Lecda's lies stoats an the Property. WARJLkWrY OF 'IiTM Gramor -maamts mat th unor is or w11T be Immy ackW of the errne enveyed by Fhb Smutty ttsmunew and bat the right w frrevoc Wy drams, woo and self the Property to Tnn tee. bt trust, wilt power Of tote. Qrtta<a' aloe warrarttt that dW Property is uneneambexed. except fee a mumbmaces of taoord. 7. DUE ON SA7 E. lAnim way. at its Option, declare the false balance Of the Secured Debt Go be tr me natcly due and payable &pop the com im of, or contend for tip ==A m of, a MmLfer or We of ell Ot spy part of the PrOMW. Thlt right is stttrject to me ecmictons kVowd by fadm bw (12 C.F.R. 591), as tpplidbta ewy.3d &+ fie} 0104 Oftb w ay.ra kw- eel OPA raw r-- e1CrMMMA ularnne 20071221000241.004 8. WAULT. Onmtx will be in deidnit if ay of Me ftailmft omm Phu& Any C:eaa=cr 8onVwcr a *kM in ftm d or taaterIN mbreputemMlon It oomact oa with the Sewed Debt Apt is an open end borne equity plan. Paymeds, Any Comm a Boomer on aq Seemed Debt Ott is an open end home eq* pkn 6fls so make a payment whm doe. r%htg is &a Pro". Tlda fides. bp¢ k W lh Ard %n thaiba fallowing: (a) Omnor fuze V maim mpi td Imumne um the h%mrtl; (b) Gnmim tea Ikn tke Pmpetty, (c) Grantor wmmitt waste or ethmWIM do tdively mat or beg to maintain ft Property such that dto action or hmtion adyers* aflTocts Lender's tocwity; (d} Grmar laic, to PAY tam m the Property or otherwise twit to net and thereby causes a ilea to be Sod tphm the Property tint Is mWK io the Ifni of this Security Unarm (a) a oak Qzarmx dies; (1) If move that ow GAsaoor. mw Grantor dks and Leader's scarily b advettefy affated; QD the Property It W= thrgrgh emhmm t domala; (b) a jodpoem is Ned aj;emsr Cmamr ad sheds Ommw aid the Property tD alias that adversely zff= Leader's act mw. or Q a prior NmW da fa mcltaes on the property and as a result, LcxW's k tetM is adversely of led. EaeoHve Offl m& Arty Borrower is as tamawdve offiea of Lmla or an afBf m mod such Rarmm beoomes indebted to Ladder or another leader ffi an aggtegafe amtand grater that the nuA pamt*d coda ti»tlemk" and regakdont. 3. REMMM ON D VAULT. In addlaon m any other remedy amflabfe under the teraus of this Security kwu mere, Bader nary aecaderst the Seared Ddt and furecieae this Seomity himma o in a Ammer provided by kw if Qra m le Im dsfsott. In same into , Wend and no law will req*c Leader to provide am kw wA m6ce of the right ro rise, or othn teotices atd mq eatablish time schedules for tbreelasttta taboos, At Om %dw of the Leader, all or arty part of the agreed ka aid charges, seerued Interco tad principal sp4 buaome bumodfately doe and payable. aiirr pMq notice if required by law, upon this occmnace of a ddAtuh or aaycma tbereaher. Lender styli be entiuled b, Rdthoat rMowsak the power to sell the Property. If there is a defaoh. Troame stall, at the nagom of Ste 1:Rader, advertise tad sell the Profxsty as a wbole or In mpersm Finat at FuNk macdom b Ilse highest bidder Aar at and =Vey abaobua We h- and clan of all right' rich Aod htserat of G muW at such thae and place ai TxWee desipaatht, Tru be ,hell glue mike of We fmr]ndlatg &a taus, terror and phm of skk aid it dewncrlptltm of the Property to be sold as tegahed by the oppiusblo law is effect ad the Slue of the proposed We. Up- sale of me Noptsty and to the extent rot prta 2OW by Ian; Trmme 60 males and dellva a dmd to the Property sold whlth CWvgt absokae MIN to theptat *W. ant after ftta« paying All fees, dWsu and wan, shall pay to I.wder an m mys W%W-ed for a:paitt, rnu,. ima oat e. liars, ammramu And prior mmnubmaces And iusaex the tm, sad the prlaclpaf tricot 4uw" sae the Socurod Debt, p kft doe sraP4% If say, to a mor. I ender may poahm the Pnopeny. The reclt,ls in tad deed of conveyeme stash be prima We evldeace of ft Ica ass form tbudL The acapsm by Leodm of my stew in pgrmett or pastor payment m the Seared Debt after the balance is due or is accel&med or after Allocate promedlops are filed shay not eorwftoe a vmhw Of Leader's ripbt to rtgnim complale me of ray wilt dtfsnit, lay tot ==mhbg any remedy of Griames ddmLt. Londa don tat watw Laake, right to later mmider the event a ddxrb it It happens sgain. IL H7(P>f7+W; ADVANCIIS ON COVSNAIV' ; ATTORNEYS' FEES, COLLECTION COSTS- If Granmr breaches soy mratad In ibis Seearlty Inca =mV. Gramur agrees" to pay al] mpmses 14edsr favors In perfomft sorb coveaamt m pmtctlag ib security fzmm* is me pmpecc;y. Such expeneea iadude. btu ere net Ukked Ca, An hx and for bspecdog, pmmrvhig, or otkerwi6e pig do Property and Leader's mmrh7 In Thrw expenses ale payable on demand and win hear i=mu &M the dace of psymem ua d paid In full at the b*bn rate of Interest In etfact as pruvlded in the terms of dte Secured Debt Ora= &gran to pay aA coda and tapatsses incurred by Leader in collmang, eakrdv or protecthrg Lendat's rights ad remadka odder thin Swim* lnrstat- Tlds amount prey lnetude, but Is rot lim#md to, ammmeya' fees, hart Oosn, sad other kg,d expCML 1b the extwd peupided by the United Statet $talky Cnote, GmW ,greet a pay the rom=bk atmroeyr, fees I,mder bmem to collect the Secured Debt as awudad by a' court emtxddcg iwbd dm under the Bzgxggtey Code. This Senn* t sball rrmdn In elfed malt releaml. Orator agrees to pay hg arq moosmsCfoo cosh Of each relaLm fmw s s tY t- sr an aw ewe. tr.,.�..s,r.. sr, taw, ova rm. ae►�prr.wrt arrataea 20071221ODMI.W5 11. Si(Vl8ONMEIYPA]L LAWS AND HAZ&Ymm wwrANM. As used la dads v=dom, p) Euvuu== ah L rw mgms, whlrmru Ihulatioa, the comVewswe Ew4mmsentpi iewmSv, C mprmsatlest end I.fabW Act (Cl3tI " 42 U4C. 9WI et wqJ, and ap other itderal, state w3d incur hlwa, mom, otd5 ". court olden. gamey poe al q*Aow or mtatpmdve letters the Wblk heaW -*W. wd&4 OMMMOW ara hanatdow sulaaaee: aad R) lgaardous Sgthst = mum my toads. tad3oatt be cr haardow Material. waste, poiluomt or mmamkaW whkeb has shtrw&isdrs whu reader the suba lace damgt'rdw or po nfi&liy dauga= to rbe public Luyirb. safey" vIAM of aivhUMDett. Tile tam iat3rdes, VAront Rmhum. my tubanaaccs dathaed Al 'hsardUtet ZMAW d," "MM& soMU=Ca,"-AUVdmus waste." 'haaadOn =Mu nn," Or "roSUlsted wbowe" lea' u y EmvJmw4a ttat Law. ch ntr t eplC . wmnsts end aprod thaL' A. Exoqx as pta 4mily eum:loted ad wlwwiedaW in wridog io Iend str, no Haurdota Svbsm= la or wtip be tbcatsd, stared or nhand on or in the Pwp nv. This m dcdm does not apply an mill quantities of R&vud us Sabttgmoes titlt an Veaesel4r recagabed m be apprvprax for the normal an and malmtmanae of the Property. a. t=epL as poavb wt y dlnkmod and wb owie w In wd tg to leader. Granw and evety tenant have beta, arc, and shall remain 1n lbll wmpliame wtth a" a� BurixanmenW Law. C: Qnmtor AA WzudWcir welly I,tadst if a release or &reakned releaser of ■ H asdws substsuoe arias out. under or about the PropaW or th= Is a vtW aaL of atpr 2TrArDmvaW Law v=eming me 9eopetty. To such an everts, Qsulm daA ulna all uc Cmary remedial acalam is aowodance with my Enna+ omenai Law. D. Omtor shun homed stay no* I sorer im wri6mo as soon u Orsraw has reason to belkve &me is wV peading or brestsaed bmalgadox. calm, at procetmg tda&a to the rdcnc or drec=ed relew dwy H=ulbu Subsamm cw the vloham of any Hnvlrommattai Law. 12. BSC>r;OW FOR TA= AID MURAlrlt L Unless of awbe ptouled in a separate s Gus= w.UL mot be nquW a pay iD Lertdcr toads fir axes and W wane is auaw. 13, JOINr AND il`IDIVfDUAL LtkOlLrrY; CO-S1G11 ; SUCCJ3MRS AND ASSIGM ROLM All drtin Vmkr US Seta'tty InKraaeat tms jobttt and i MYOAaL If tsrAntor situ this Saarity WBUU=W lam does not an m evldmce of debt, GiTammr does so Orb' to amvw aratft's h uant im the Prop" to sstaaa pt7wMA of the Snored Debt and G mbx day not agree to be pwont iy Wk on tbn Seumcd Debt. If this SeewiW 1aatmest aI ,I a paunly betaten Lenda and tt:antar. Cr -, astaes to —mive arty r4bu that may prey lands fto briggimg any saran or ddalm apka Grawor or aqr party h ddtkd under rite obligamkat. Thm rWtts may iretmde, but are not IW*W to, may anti-defideaq or one.ctioo laws. The duties and btmefds of thin Swr)tg Immmad shall bkd and beceflt the nwomm end neaten of Gmmr and lender 14. gZVERASII. ; UffERPMATION. 'This Se=ty ha m m is mmyiete and My This Sc=ily kshmesd may not be amended ar modified by OW agrttmeM Any net= to this Secuty b trrrsaat, al0nemta, err uW agreanmt rr]ared to the Seemed Debt aat twatttda wish applicable law WW mat be cMxtive, nalm that law cguaely or mWlicdly permits the vaflati mt by wrllmm Apt=em It any section of this SMMty Im =v% cannot be caftud uwr ttg 63 is terms, that section win be tamed and will Mt afaapt the cut ecabMi F of Me mmalcda of this Security b ambaL VAO* s mad, the skpbu Atli faeinde the VLmzl sad the plural the eynVgu The caption sad badimp of &a tectI - of tars Sewz* hmmnaw are for w veaimce taly and arc not io be used to bwmptot or defte the term of thin Secorlty hr Uvvest. There is of the ensue $a this Smtrity lL IS. SUCCESM TRUST M tndcr, at L®drs's OPME6 mq from tune to tutus remove Trustee and appoint a snco mm tr aloe w W=A su udder fbnmliug than the designation br wEftin& The air zesu r tr bw, wlmow ooaveyamue of the PrWery, tthall iumced to ap 90 Lida. power and daft mmkarad Upon irunee by ft SOMMW rzzm rt Md appawbe LAW. 1i, NO'I M Unless odrerwIn repind by law. any wtoc SW be given by deltvft it or by mailing it by bob fad slap mail aM dtber xeglonod or cmdlC d mail, taurn reeelpt requested, to mo approprlue patty's adcl= oU-pose 1 of this Swm* hommeat, or to aqy otter adtketa deopated in wrIbS. Nodce to am puma wJH be deemed ea ba rWbes to all S7to MM 17. USE OF F°ROFPRM The Fgwty sabjcrs to this Deed of T= is mot used pri>tcWiy IN agricalhrel purposes. 18. lt.M OF CREDrT. The SemuW Debt tRCipdea a With yg lime of credit. Ahkq* the &auW Debi mq• be rrhrid to a irro bakow. tbk Secarhy lnsnment wW remain in dfcd u=4 c*Mcd. I.P. APPM ABU LAW. Mm Socarity Imarmnent is gmzfned by The laws as agzaed to im d m Seemed D04 tewW to the cadent mpind by the taws of de Xdsdicaiam wlxre fe t}mMq is located, and gThmble kderal awn and njulatiom. fpp" s or w t7ZW Dtfa4 Wk.ft ebA eel Far 0040T•wA 4Rf/ME5 2DO7122I000241.009 30. P-MM. 7U wKwan mal apftc=h of =6 of gm dden d*dmd bcjow me boorporited imb and tmpplaahrat and amend dw mans of td Security bKrmbm [Che* all ap*" b—I 0 Antmogm of IAmm and Reft 13 Odmu ................... . ........................................... 2L 0 ADDIMONAL TERM 27. Swm&TuRK&. By dxft below. Gratur az= an the awns AM aavmamacmiubw In this semmw inowmm and m aw aawhme=. on= &W hobwwkdvm mDelpt of a cm of this Sccztr Insaumq cm the date rased co 1. ..... ........ M.-112or 10-?�.................................................. ......... h FnL aw .IM; T M CXMWLEDGMENTs r W. STATE OF. ...... 1mR . ............... 0XIM OF) ..MM.. ............._........... 0*40.0 Iwdly &ulmew Or have m&baxy evidence that JOW.L.IMM......... .. ... ........... ....... . . ... . .............. I .......... . ..... I ................................... I .................. .... . ....... . . I ...... ................. Edam dit hifivi"(s) who I&pFi;" be[= that AM.Wj Opal db WbWVW it w to A ho 04 Tobu:y w for dw um and ;qwm h, umw: Frtl .......... dte tali ..x. m7mfitmmtepivr..... . NOTARY PUB SHIML�rn!-T ...................................STAM m RXQUESr FOR REMMAMM TO TRUFrm TIM U-%—IFW Is the holder of the DOW Or Mrs KPAW by this Deed Of TTWL SW DOW Or W=, With on adw iudebtedads ssaoed bY ft Dccd Of TM94 have be= paid is full. You arc benby to caned this Deed cot Thtd, wbkh b ddhcmd hmtby, sad W ramuM, wi&m winusy, all the cstft now held by you mxk:z tbds Deed of That to for pmxm or pmwo kp4 emtW ftrM, ... . ........... — ........ - ......... a* ....... ........... E5,rEW F6ft0CPA%MT4ft 4MOMft bm. o of 40 2DOM0700C220.001 After Rowrding Mail To: Firat Savings Built Northwest Po am No This Space Pmvfded for Remedet's Use When Reowded Aemra To: Past Savings Bank Mwthweat P.O. Box 38A Aw ton. WA SSW Doc== Tklc(s) peed of Trust Cramor(s) Mark 7AvaWan Grsv*l) Rrot Fbion lei Dbmralflsd Co VmKioo Legst Dtscrtption NEIKE,10-23-05 AnemWt Property Tax Pucxi or A=m=Nrmtber 1023054W-oo Rbtereoca Nwabeas of Domes= Assigned or RdcwW flR1612P-W ^- M*m at wmwoom Absw Tab Um Fw kmmd6g Dom----T---- DEED OF TRUST Loam a: 01-151sa7.0e Mth Mimes Atk mrC CIMP3 DATE AND PARTM The date of dds Deed of Trait (Seetafty lmalomauj is rterrle 31, 3004 . ..................... mad the parties and their addresses are � ssr. Maw GAMark ANTGR-. T Araidan, a single person (.J{—) a U—a q 1065 Lyons Ave NB Floro n, WA 98M Q If ched3kt, rdw to the Embed Addmdvea i000rpOMW hemm, for addidemt Or==. tb* dgnm m sad -b&O Wl pftb. TAUS SE3 Firnt Flrtanciei ONW&Alad Corporation 208 Wltliar" Ave owolt Po Box SSa Renton, WA NEW LBNDFR: Firsl Savings Bank Nortttvrest 201 Wilk Ave S. Po Box Soo Rento% WA 98W 2. CONVEYANM For good and vahisble coasidetat*m. the rcc:i% and suftloncy of which Is acknowledged, and 14 me ne the $ecurgd DON (drtiaod bdow) sad GmWW't perfot =& under this Security iastrumertt, Gm=c irrevorsbly grants. convrp wd sells W Tmom, in least for the bentift of Lender, with posw of sob, the kdkwbrgdesedbedpropmV: See »it: A Tit property is locared ia...Kim-........................................ st Y060 Luna Ave, ....... ...A.ntan........................ Wasarm .9m9.............. t0051 PT NI NOTtlat - HOY! warn tsr4 of WN P psID OF laUfr - ` �y ow t Pro isorroariYMfNtfAc.RGosYAuri'raarroaWtlnxrsorfl�rrul�rtlRAifAlnwli�lAGM .f1J`L�1(�j . 014M i..h . Ay-4 w, ft CbK W rar.00P4MY-WA 4z§ mm 20080, 07000220.002 Together with all rights, emesneau. appWienances, rayaltia. mineral A*as, on end gas r4hm, an ws2cr ad slparian rtgbu, ditches; and Water stock and all eaisdng and fomsa [Mrovemeatt, sarnoturet. ifxllua, nd rap wezz nts mar may now, or At ashy tuna is the tufts, be put of the real euaox dasm bod above (all raf trod to as 'PYQM'). 3. MAXW M OBLIGATION Lbgrr. The local pr ncW emoanc «cored by this Security iastrumaat at my one dine ihail oat wxeed S Z.'J.AMQD..................................... Tblt Iimid an of smwat does teat sat*& Irrttrrtf and char fen Arai cba &M validly made pmtam to utis SeCmby Iustron =L Also, this llmlat m does not ap* to advmcea made mdtr deer Mims of thlt Smat4 Irutrameas to prow Lender's semft and to ped= AV of the envmauu cpauiraed in this S*=4 ImttvroeOt. SECURIM DEBT AND FUT{ "ADVA1 KU. The tcrot 'Seatrrd Debt' b dMW as follows: A. Debt bmmntd oad= the tram of sII promhaory nnte(s), t mrw*), guaraatgW) or utber evW=w of debt deswfl ed kiDw and A thaw extensor. re>fewala, madili atiom or MWM=. Mar MW .Vad faWly dog* de AU(j) araamd mid you Aadd Inck de rho Jinal Aea�uib afatte qSW* dwo).) Horne Equlty Urn of Credit Agmnwit dated 301=08 with maturlty date OI WItlM M& B. AS ftmue advaarra From Leader to Grow or other Aftm obHga d m of ti=w is L.eadcs made any pavmitstny eons. Coats t, guaranty. cc other evidence of debt owcutod by [beaten in favor of Leader at= this 9eturtty hamm t *:hAer or not thb Security bmctaat is WMfiacany refereed. If moss thaw one per— sides the &x-fty lzskMx r t. eaadt Oraolor arts that this Sraariq lmttcveut wilt snore all Baas advm= and kraw obliptions fat Aar em to or mratrred by any aw or mote Grow, or say acre or more Grantor and offim Alt Awe advaneaa and o&er 1Utura ob5p t m as severed by dds sc=ky Isa w ment even thoogb an or part &say not yet bt advataaW. All fomre advances And other ftmne obUpdom are seemed ns V mada on the dw of ibis Security Instrument. NO(Ift is Hats 9omritr habumev shah omstitute a oommtpapat to matte addilirmal or tartar Joann or advancer is my amount. Any anoh ramsmiunrm must be agreed to is a srparata wA img. C. Ail other obUpdom Ones err owes to Lradet, Which XV later arlse, to dw MMM not prohibited by low, €aWadinS, but not l ubcd to, Iiabiirtira fbr Overdrafts reluiog to any deposit axonot agreement brdrem Oraaim mad I m dc. D. All addidanel tttant adraated and taut W=rcd br Leukr for iutOdoj, preservM1 or othrrwieo proms the Property and Its Yalu& cad any other may a hwx)ed and expwm imurred by Lender mbu the tams of tills S=Mhy is the evamt that Leader hilt tD provide any required mtioe of the right of resdaslon, Leader WWM any subsegoeat vox* interest to tba C mah3es petincipsi dwel ft ]hat is existed by thin Stowity law meat. S. DEED OF TRIM COVENANTS. Minor agtesa thu the team ba chit ftCS a are material obligbom under the Swwmd Deirt and [hit Sam* Imtrimm. if Oromor breaches any mv=ml In data WvC , Lander may rd Wv 10 maiae aaidiiiamal commons of crsdlt and redpm the credit timh. BY not ezrrtisie►g eiiba remedy on L'iramm'a breach, Lmier does ma Walve La4ces right 10 later cDaWer the a ma a breath if it happens again. Fsymemds. Guam agrax tbat all pkymaem tinder the Secatred Debt win be paid w1sca doe cad to &MMI = With dw krms Of 6t Secumd Debt and Ihis See arky LmsiranaeuL Prior Somrity Ir,pbWb. With regatd to arq' otbar tnorWV. dead of Mst, a t 4r ether tkm dacaraaet Sant created it prior tceartify hinters or enancibemoe on the Ptoputy. sweater aged to tab AD paytmr&tt whim due sad to perfaam Or tOmply Wtih 91 opveaaate. (framer alw agrees troy m aaw aaay aaadi5cattoa or MM" of, tear 10 rearyart aqy hrtaue advaatra =der any ante or agreamew akctartd by the: Lim doDant, wt7a xL=dtre prkrwrb=&pprDvsl. t7arfma Apbatt 'fide. Grantor will pay Ali mes, aasatana2 lieu. Inca, luau pa Musa, ground tents, uduti *, and odw charges mating to the PropaW when doe. Leader may rognin Creator m provide to Lander copla of all notions that snch arnmou are due and the rtxtios evidaacing. trsataw's prpn=L Grsaboe will defend title to the Property &seiner any chime there would impair the sire of &h Security Imaa>xpmR. Creator agrees to assign to Leader, a requatid by Lemda, any righa, clatter or defto3rn Grantw rosy bavm agalut partly Who satpply labor or analuiats to mabaxio or improve the Ptn -v. ;Mpr 7 w 4 41ae4 alriw. ar.lwxr.. e,, et.oa, sw !'— aP"iaF+WF .nNimOa ,_,,,� �Cmu rr, A tarsal= and hwpectim Gamier will kup to Pmpaty fn toad canditim tad repairs the we na* Aunty. GrMr *W not commit or allow any waste, lmpskmeae, err d Wkirsdon of the Property. Grantor agrees the the gonna of the i cy aW use I'll not Wbtaavialty ch-v wilhant I-der's prior writtta comment. Grsanvr will not Permit ray CLAW In srry licrriee, restrktive Doyens at art tsAaemeat wahetrt i euQer's prior wrirten rt.== Ci,= Win notlty Leotfer of aH d—m&, proexedins, dales, and scdm ftainst OrapWr, sod of any loss or damage tome Property. Lend= or Leader's gran mtp, at LaxWs option crow ibe Property at my vcnoaable time for she ptupore at kspepiiw the PropcM. Lander alttil give Grantor mtim at the time of or befiore an inspection spediylag a rmmabie purpose ffx the intpatloa. Any hxpeWon of the Property shall be e>rtlrely for Leader's bent and (kern&- will to no way r* on Lander': inepCCtlarl. Aatbu* to Perform. If Grtntar fails to pel tam say fury or stay Of The 40vtnantr CamaiAed ;B this SBgttib' imocntnent, Leader may, widtrnit notice, pertain W came Stem to be performed_ O aftr appulo4 Leader as attnrtry in fact to alga Grantor's auae or pay any amount accessary far perLoroinm Lender'* right t9 perform 0 Grantor shall pat create an gbliptfmt to perAffm, and Lada's Fat lure to per>gmn will not Vred dz Lender fro® tag ny of Lender's tuber ntbu under tha Itvr of this scmdry Imo. Lessdmidsl Condambissal FAM-d [hit Daclopma ts. Grantor agree to O=ply with the provi=W of IM kAMC if rids Se=k Jnennmeat L as A katchold. If the Prop" WC18de3 a unit k a coadoadmium or it plsnaed past devsloprneot, arntar will perform all of Gsantaa's dAcs stoke the eoveaants, by-laws, or regtrla6ow of the coadomird= or planed melt devck joest. Conidtmaadum, T3rmM will xbm Lender ptnastpt notice of say peaft or tbreaened acdM by priratp or pobtic eat'Sa to purrhae or take any or all of die Prvperry d ffmo cnndeannation. erobaeat domain, at ate' other mesas. Grantor wlbc sus Landar to lahneat: m T37anaa's tame im any of the above fesakW actions or ciaitm. Grantor uaigns to Lender the proceeds of any awaid to claim for dereages cmmot W with a eaodruoatltm or odw nktq& of all or any parr of the Pmperry. Such procaalt &alma be omddeed paymaan and wM Ise applidd a prmided in nth Scau ty Jsut =eaL Tbls 2ft4 mcm of proceeds Is satjeo to pro tereu of uy pricy setatynge, deed of trust, weerlty W—act or other lkm docsuaetrt, bm rao Ora= WWI keep Proparw htsared apiam boss by fire, flood, thafi ad otter hasards end rbhs rgaoaabiy UVDCiitad with the Property the o in type and IOC9 on. nh h %rtdtae SW be rnt3andaed ht rot tneaaan and fear me periods that Leodrt re abrs. What l ruder metloira pw1usat to the p mceedhtt r" etsrmoca am chrnge data the term of the S=red Debt. 'Ihc imsartmoe earrks provi tg fhe insurance shali be chosen by GrAft tarbjat to Lenders appmd, which sbalI not be amrpuornbly wMaheld. If Oreator Wis to mainmio die coverage desrribtd above, Lead u may. at Leader's option, obtain coverttga to proud Lender's d*n is the Property a—rdbtg to the terms of that i An hrmranae poDeiet and rtaewsb shall be acaptabie to I.emaer Ltd ship include a ttu dud ' eaoatgaae dour' trod, where app&Abic, 'ion payta d—e.' Grantor shalt lmmadWdy notify Leader of a=cIktlor or termination of Ste htstuamoe. IaTdes shall here the tight to boil the polkles and reaevvsh. If Lender tepktj, t. Mal- tbttli tno 1hn17 sire to Lender all ttedpts of pald psamtpms and mmwal notices. Upon iota, Grantor sbzn give ianmedbmi notice w the insurance carrier and Leader. Lrnder may imam proof of km it not made immedWety by Gnmtou. Unless atbna agrxd k writing. an bmusnoc tuoccaU " be eppiied m the rataratio7!• to tep4k of The Property a w the Sei'taod Debt, wbudier or rot: then doe. at I order's opdon. Any OPPLMOM Of proceeds to pritT 21 SW not attdend or pottposte the doe due of the schedaiad payment nor change the woo= of stay ptymm Any tiaras will be paid to the Gtanedr. If the Ptupeny ii =qWtW by I r, Grama's right so say insurance polkles and proceeds rMA64 frnm demaga to thz Property beftm the nogaismondall paw to Leader to the erutrd ct the seegred Debt b oxdiday brfom the actla4Wm- Ph>s OW Reporq and Adall" Docemeets. Cmmw will provide to Land upon rtxlaest, =y 5nmclal rxaameW r: bftoartioo Leader rosy dam maaooably tttxcsM. t:3rsaaor agree to sip. deliver, mud fk any additl—1 docammn or Oft0tations tbar Leader may consider Racm+ry to PM*Cl, WaUsme, tad pursers Otmntor'e Obllga[I= Modes this SCCM* Iasttnmeat and Larder's lien sm" as no Property. 6. WARKAMIY OF TMA. CJrmtor WWHO that Granter is or w331 be iawfolly wh:ed of the crate conveyed by chit 5entr* Instrument red bat dm right to irrevocabty *rant, convey and aril rho property to It =cti in treat, wit power of nit. G a� nice also Wan ab than the Pmperry is aaeAmabeted, scarlet for tm+ =Wi area of moord. 7. DUZ ON JSAM Leader rosy, at its option, etedthe eatim balaaca of The So=rnd Debt kj be la=edla* due and payable Von the creation of. or Contact ibr tbo tna= d, a ouster or rile of all or my put of dw Property. 'Ibis tight is tnbjxt to me testrwilont iaspoxd by federal haw (12 C.F.R. SQ, as applicable. r. rest xM hs. orp.nnrr-WA urlrxar a� 407000MD04 & DEPAVLT. Grantor will be In def tek tf talc of toe totk wing ooc� Prau& Any Cam t MTower esErtger in firmd of material Mincgremna0m In 000rte aim wilh die Sc=mdDeU that Is an c9mend bome mFnypim. Paymemta. Any C�asmretr Hu rower on nay Seatred Debt mu b su qM MO bo= WMIty dim Lila to main a ptymtat whoa due. Yreperty. Any &Wm or macft by the Emowa or Omar earns mat adversely aRbcta imo Ptbguw or Leader'a tjg= In the Propmsy. This iechtdat, but is mt Jinhed to, the ibllowio& (a) Graztw fi i to mahrtam rawked imsmmaae on do Property; (b) Grantor ttaocfert the Prop , (u) Gramme eammiu wsus or odawim dmUtoctirely min or Lila to nn Wtalm ate Psopaq such mat the acd on or lnttctioa mdve7eely afkm Leader's smuft, (d) C3mmW fa so pay min oa the Prvpmy ur otberw;se Sails to act and thmby teases alien to be Mod erg &A the Property that Im menim tD the Ilm of Us Smaitty Insum z; (e) a sore Ot mtcc dies, (p if more hater roe G[saanr, any Grantor dies and Landes'/ nm ty is mh=dy abated; W the Pmpaty is Wm thtw* mtmerd d=64 0) a jodpoem is Bled against L3raatat and MWM Craekx ad me Property to Wd= Mo advarady atfbcts Lender's naserest; or (1) a p0 r Ihaholder krKimn on be PrupmV and as a reamlt, Lender's interest is adversely at3attrd. Emadhe Qft mm. Any Rommel is an extowive officer of I eider W an alfMats and stub BomusW becomes ioddXed to 190der or artotha lemdrr m as aWtgatc amotmt Mesta than lire &mums psmitted mder ftdcll lawn mad rc9aM u. 9_ REWIDUS ON DEFAULT. is addkke to nay odrer remedy avallabk undo the ww of thin Sova6ty inmmlemt, Ltandtx may at`ccietatc me Sbtraed Debt acd foaeckwe this Sorority ]astrntaez In a mama provided by law if f)ndw iF In default. In Mus Ate. ftdeal and etmb lace wW m�dm %,ruder to petakide Caaata with atxtoc of tht right to c=, or ours notices amd may malg sh time schedeks for At the optiom of me Larder, all to any part of the agreed boa Mad chutaa, ascraed interest and 96,:ipA shmll b-CM b=edlataly due and psyabie, after giving Wdee if repaid by kw, rpm the ueca Vm M od a ash ult or anytime kec abm L mrn m shall be emlomd to, wkkdt umltmt7am, the p ma to sail the Props W. If mere is a detiuh. ThWee abmll, at the mpW of the Lender, admdae ad a& the Property u a whole or A aeparatt p uub st public .motion ID the MAW bidder far cub am convoy mbeoiotM adc free: and dtar of all right, thla and WICK i of (#rancor Al am* time and plsct as Ttt W dtaigaatcl 7tuatee shall giv0 Holies of vie imebrdbrg the time, tame and plain d sale ad a deacriptiea of the Property to be snld as regdW by the appIkabk law In edfxt at the time of the pttuposed sale. UPW tale of the ftVtAy Mad to the mttmt trot prohibited by law. I'raetee " make and deliver a deed to the pmpmy sold which sump absohm tm to the pmrlansr, and aw &n payba all lees, clulp and coda, shall pay to leader 0 nomA advmmd ha repasts, saxes, iasmaass, Bmr, aareumeuu and prior emamlusneea sad hftraft thaeatt, and the yrlaslpd Mad iakrm on the Second Debt, pt9'mb tba sarpho. If any, to Grxvbr. I.pedtr may pmmhtae the Prnpmay. The m*kk in my deed of omveyma shalt be prkga tittle evideme of me fads ad foam thersia. The wMpW= by L.endsr of nay sum In payment or partltt paymtaa on the kmred Debt after the balance L duo or b atXtkrated or mint krockemrt pmwmlia,as art fain shad sot Coww ttte a waiver of Lead -'a right to rege990 caeapiete cmm of MW m6d% de2ma. By Hat --Ak g nay rerntdy on GrMrpor'a &&UX Gender dots not waive Leaders right to bM madder tkt evear a deftuh If It btppeasWin. 10. ELPEfMS; ADYANM 4N C'OVFXANM-, ATTORNEYS' PBFS; COLLECTION COSTS. If Gtaotor teaches any savwMat m this Saauky iam=eut, Grantor agrees to pay Al a ipeasex Leuda input im perk mdtlg am k oova mss or prvtatg Its malty Um to In tht Propcq, Such expemes txia* btu are WC ftked te, fnee lrrwrred for imptcl p pasw m& or V&Crwm protating ins Property sad Leader's mnimW lmerm 7bew expems arc payable as dmtand mad will bear irft" 5mm the dole of paymmt Midi paid m &H gr to hlgbeet ante Df htteeeei In Cmka at provided is We tame of me Somred Debt. ftrtaor agree ID pay all coat and expeamrr taearrod by Linder is oollacttag. go err protacemg I.eader'I rwa sad remedies trader thin Seam* kmrta DML This amvmt may imcmde, but Is mt 11mtted M. at0asaers' fees, coo costs, and other ko tea. To the cxtea[ permbed by tiro UdW Stara Hadavifty Cade. Ora" moos b pay the reasonable allmm ys' feu Linder iame to eoilom the Segued Debt u awu&A by any court r W jurimdiatim =dw the $aulzepsey Coda. fhb S=m*y Iasrrmam Abort remain m tftcct or" retested. Grainer adms to pry for uq reooedA6m lass of owh r how. sae+ s err N t=,�.l► o,v.. e.rr.st..�= � s.. rs„a Mr eo„ ov-xttrr�t+u� aavrrmas It. EffIROM►ENrAL LAWS AND HAZARDOUS SLMANCES. As nW in this serum, (1) Bavwzmezaal Law means, wiftpt limltatim, the Compaehewn Fnvworora w Rzsparre, Comptsub a and Lbbik Act (CBRCLA, 42 M.C. 9WI er Mg.), dad all others' 3dezll, state And loW Ian, reguladotw, oadinaacss, court orders, summily gettwal ophalm or iaxzprt;tive Loma Ctsv rdasy Ow public health, zxlEty, weMre, cnwrsamoent or a hxwdoue subwom sin p Hatardau Sabotwe me= to r Mode, radlowttve Cr hsurdms mil, watt, pollutsat or tmnu tsant Which bier C anterh to which rrmc1I the sulAtha a daggt = or pMntially 4amgerwei to the public bealth, ufdq, wtlfn Or erik nmelt. Tre krm ioaludra, wahM Inflation, Ray wbstwees dcUW as 'hmtttom material.' 'Mode subdabc ,' 'hiardow WUW,' •hassrdaas svbstarree; or 'regalated substance' minder day Eavirwmewal Law. Grainer raprnemi, warrram and agrees thaL• A. Except u prevkWy disdD aid m mowkedZed In wrltiag to hider, n0 Htzardagm Submaxe Is or wM be k xwW, stored or mkased oa or in the Property. 'ibis testtinioc does not apply to small goantlties of Flaardoaa Pabatawn that are gmemlly ry Snitsd to be appropriate Mr the normal use and miintpuaea of the property. B. Rum% u ptevbusly d6dowd and MkILM1040 is snittotg to LMder, Gtaunar and every tnamnt Lave barn, are. nand sbeli amain in fail oamplh= with any ijtpliaa Emiro l I", C. On dial] immail&P* notify reader if a rdnst or thrmcned nkm of a Elul Wm Stirbstaum oceans oa, uudts Or about ma PmpKV or 6= is a vldaux of any EandronmeeW Law mw2 ning tine PjwpmV. To such in ennt, G=sx "a arixe ag err cemry remedial matum hr woordatsae whh day ETdM meant Lsw. D. Grantor aball k=KUM* notify Leadn in writint as scan as Gmmar has rcuom to believe tbere 'a Pqr pwft or ftew rmd mvettipft, Claim, or p¢Daw&og rriz* w the relem Cr thmtmed Mem of my Rsmidous Sabatancear the viob*m of ery Fnvho%mxmW Law. 12. ESCROW FOR TAM23 AND NMANCE. Unien otbawhc provided to a aeparate agreemeM. Grantor will not be mrjkw G pay to Larder Nods for taosrs and kn ance la escrow. 13. 30114 ' AND UMIVWLIAL L'1011M, CO-MGlYJGiB; SUCCESSORS AND ASSIGM BOUNMD All d t wader dry Svcw* Incaament r" jolm and kndlvlda If Grantor sign this Security Jmtrument bat does dot sign au avide= of debt, Grantor does so C* w mortgage araatar's htterost in the Properw io trcrme payment of the Secured Detrt and Crraamr dc= not asree ro be pertcwmIly flable on due Seated Debt If Mils Secntity bsstruspat awa>m a Vwmmty braves Lmdcr and OraaM Orator agree& towaive any rights 64 ma0 Prewert Lando b m bfi kg &" action or clahn agatast Grantor of aqy patty tadebted ruder the oth4askm 7b= rtgho may mdwte, hat are dal Limited wj my mg4e5deriq or ao"am laws. The dchu and bmeft of ft Sccrity llnuutsneat shaif brad and bearert the wacenom rind am4p of Om mprand Leader. 14. SVSKABILi T, CATION. 'lba Semrity lw==M is rx m$ to and fttillr lnoegra . This Sum W Jutromrm may not be amended or moM ied by oral agreement Any section in ibis Swmity fmhsmmmt, attaebme , or say Wacncat relsied to the $anted Debt that cengkb wM NVIftblo few will not be tMaive, vakss that law expressly at bnplledfy pe mLts the varb4onm by written agreement, :f ag sea;tiao of iris Smartty In MUM carrot be eakroed svowdbg to its terms, ftt agectioo will be sr:vcmd and will we nlMM me vfto abl igr of the reataimdcr of the Security Last. uma Whom= used, ttm singular " htchde the plural and the plural to siagwlu, The capam sari hording of the sections of this Secnrfty laatromear sera for convealmoe " wad are not 20 be reed to interpret or der'ms the terms of tit Se why brown ent. T1me is of the cueace in slier security%em. 13. SUCCEWR TTtt73TEL Lender, at LeWers opium, m>ty from time t0 thne remove Trustee ad Appolut a $00M N trustee without day other Amdity than tut dcoFunx its writs g. The suMemor trudee, whbaut o=veyancc of [be Property. shalt ammod to all the tbde, power and duties eou6eraad upon Trustee by Ibis Sonority htaframe&a and ttpplieable law. Ili. NVnCB. [htleu otbmwbe reV ed by law, any nmice &aE be Shan by defivedn $ or by h by bosh Mu clot mail sod either registered or oc tied math, schwa recdpt rn bested 10 the M ire patty's sddreu oa pope I of this Security l rmnart, as m any other address ted la Wrift. Notice to One grantor wM be deemed 0 be notice t0 all pmtoma, 17. UlM OF PROPERTY. Us property n*cct l0 this Dead of 'rust is not used prlacipally kr R�ral purposes. IS. LINE OF CMMrr- The Secured Debt ioekodrt i rstrokhtg lint of credit A[thoagh the Sacarcd Debt may be reduced to a =a bibmsa, this Security lu=new wM ramie in effoa mfdi Mkascd. 19. APPLICABIE LAW. Tbis Security InVxmn nt is Sovetned by the lawn u agreed m to the Secured Debt, except to die e7I = required by the htwa of the jatisdsrtim whus the Ptvp M is located, trod &WILcable kdawal lam and tegadaUML Ak tapo if Of �r �� aw wd.. ar.,.� u,,. ►a a..a n,r r... orrawq�rww +rirmos 2ODSM070OD220-00S 20. RMOM The cove=M and AgrecM" of cwb of fbb riders checked btlaw an tvorporatcd bw and appkmmad amend the terms of thin Semi* Twnrow, an awkltk boxal MA=W=at of laawl and Rem 0 Other .................. . ................................................. 21. 0 ADDMONAL TERNM M SIMATURM By Wphg bdow, GunW W= to the teams mW wvmwu cwwbW in dib Secwlty WKn=m ad im aw load . (lM=- AlMD acbbD-kdvt rem* of a copy of this secueq hmu=cw on date Kaw on pap I. ............ 1.1--l—.1--1 ...... . ........... WTAvmk$an ACKNOWLEDGbWhrP sun OF ...... ............... couNly OF Kno ................ ............... ........ . ................ .1 ... ................ Wave The lcdivldOWkX9) WIM a154=4 WM M NO said hUvMbaga) wbcwleqW that sh~bvy gMtd thh Ian sad acbowkdpd k 1D be a hze and vDkmiV as far the am and pmposa mwdoned in the bffwxoFL ) .4 6�; 02-1 Mll ma nr .......... .... NWARY PUBLIC tmvm= . ....................... MATC nc lukeumv.-TM RXQLTSrKQR8CONMANCF. R,U I* k RaVlakd wO pmd to hM TO TRURM' Tb, MAcniped Is the Wft of Me =0 or WL-j w=cd by this Deed of TMM 544 WW or notes, wpdw with all other kdebbdaen massed by ft Deed of Trost, hm ban paid im W. 'You me hereby dimmed to czwd this Dead of Tnx4 wj%M is delivered hereby. and to rtoavq, wit m wanM. AU the emu tow held by you =dcc this Deed offrou 1p me pmxm or p=wm kpW =dded dwM. E,15—wW MR Fr 091P=41MWMW *w0as LOAN P _Q1.151W-M -- Described Pr(perty: 1955 LMna AKfS,NEftton_ WA -ONO _ EXHIBIT A DESMFMON OF PROPERTY The raW Property referred to above is tooaW in county, state of and 1a spvalaa4y described as fdlawx That portion of the south 165 feet of the north 825 feet of the northeast quarter of the northeast guarter of Section 10, Township n3 Rorth, Mange 3 USL, W.m., is King County, Washington, lying westerly of the most line of Lot 21, horsey Creek Estates, according to the plat thereof recorded in volume 63 of Plato, pages 30 and 31, in icing County, Washington, produced southarlyr Toarrm Wr2'K an easement for ingress, egress and utilities aver the north 30 feet of the following described tract: Beginning at the southeast cozner of said Lot Z1r Thence south 88.14'06" east alon the south line of maid Haney Creek 3states, a distance of 210 feet more or less to the east line of 1460 Avenue Soutbeast produced southerly; Thence south 165 feet 'Dore or less to the south line of said north 025 feet of _the northeast quarter of the northeast quarter of section 101 Thence north 88*141061 west a distance of 210 to the southeast corner of the main tract bazein; Thence north 165 feet more or lees to the point of beginning), in King County, Washington. AIIrIF �� Ili !� �'ilirl flu liarnrd ai x.a,u�t al r7'l vina?bra T. - '� 7p uI-MM', PFl] LhL SAVIRW AND F,QA,F A00CIATI0.9 l;00 Ssutharaat�152n�ot. ----Seattle. WA �9114 Roper . 1110 NM I!N ru SA R, Art notof XP10All A10 iLEC'.. v F • 4INV = ft a '. �=.g111f'Ijll�'1111 ip TNr, t;AAN' m g way r. sh1 amif mesa 1X4VARD Y, UEI.7IMI, Us vifc fur and -in ewaake iIae d 'W DOLLARS ADO OTfFSR 0000 AM VALFlAP.0 dliilSM8ATITIS � 3 ic9 ` In hand paid. emwp ad w man to 'AM n. AVAICTA•I aid CALL il. AMMAN, his wife ( jay r).e dmrnbtd rail mule, allaatre In the Casaly r,r i(IJO .stave of - 'Y"kInweao That portico of the 5auth 165 feat or the ;Fortli 325 rest of the :Iortbcast 1/4 01 the 90rthAut 2/4 of Section 106 .Tovnahlp 21 !Forth, &fange 5 'oast, W.1I. , lyl" Westerly of the Seat lisle or Lot 21, honey Creak Rotates, as per plat recorded In Yolurre 63 or i'lots, on "&r 90.31, Irocords of King O-Anty, prod»aed Southerlyi TM"BIER VM1 and saeamatrt for ingress, egreaa end utilities over the Korth 30 feet of the Follovting dasarihed tract& M deplaning at the Sdutbeast earnar of ssid Lot 21t thence Sort§ t38°14 W }hst Alan!; the South line of acid Nancy Creek aitates, s distsme of 210 feet mere or less to thrr last line of brutes Ayetstae South"st produced southerly; thence South 165 fast more or less to Wye oonth line of said Neat& 825 test of the :Iartbeast 1/4 of the IFarthsast 1/4 of Section 1o; %bane ltortb a8OW06" Wart a 8tatsme of 210 fact to the Bouthaast corner of the rain treat herein& thence !forth 165 feet rare or loss to the point or Twginnin(;. Situate 11L the COuaty of cling, State of ;iashington. of Awiva•t 1973. let* * STATE OF 'WAnfINGTUW, + Ctmiyot Stevins. tartuadaFw� Rral'P^ ;e�rr,ae 8ariy r. Sefdav m and Iral,ard V. 8aidomm td rw trams In fie -the Iviial : daail„d in mart rta nsvted' the rltK, and 40110aias ItWWWA.as. mad atilrr *b4p,d that they, s;ommi tk rasa u their frer PA vaimmMy set and dad, far Ike ■m end porparo-fieraI rremdamiI. an%w WWW WbmdMd dkfd and drh 31ae day sl Rsla►y o far AAr lRds a( rta�eAr. . ,ra�.A CbtrtZir -01, r'.}'e.P,�. yr.- �•r: n.o•, ...b,.., � -"ti: Ila11=c r Filed for i6mW as X p w er AFT IEG0IGIING MAIL TOh FALL cm 3FXv S WAU P. 0. am or TALL Cm. AA. 9=4 11) clef N um TAX PAID NOVITS3 spin" ■as = 7 •-slaMol< - us . in - ,N aq•na k.la Stat0my Wmmmir D"d .x r�tE au���,oa 1ti� c. rmwclr At[D 5115tf E. >r�iste, BUSAp1D AND iri>a rot aad it+ atatpL u " ki TO DOLLARS ARD VEER COW i SUMCIXIT C0WtDE9ATIO f**"t is kw pah1, e•rep and ramao m Ct�l. L. dORNsm. A SISTL.L FERSOR AND WILLIM 1. IAGu' A Slit 1 rERSWew&aahr,o the SoDwwkg dmibwt era[ rum, itwmd a the i'aaeq of MG , State of R'aai,aiitet: TH9 SOUTH 165 PSIT aT TRY wopu 99D !EST or THE molr z isr 'jukRm Or THE NORTHEAST QUARTER Or SECTION 10, TIUKSHIP 23 MIRTH, F19G$ 5 EAST, 6.r., IN KING COUNTY, WASLJKCTOH; VXCEPT THE FOLLOW[UG CES;RTR►D PORTION Or SAID PRLLIS= DEGINKM; AT THE SOUTHEAST CORNER OF THE NORTH 1355 FELT OF SAID NORTHEAST QUARTER; Te?;9CE w;STXRLY TO TPE SOUTHWEST CORNE8 or THE EAST 39R FEZ- 0? THE KORTH 955 r*ET Or SAID NORTHEAST QUARTER; 'WrXr S,01179ERLY TO THs SOUT9WEST CORKER Or TRY EAST 397 TEE? OF THE SORTS 1qO FELT Or SAI5 HORTHERST QUARTEa; T'REMCF EASTFBLY ALONG THE SOUTH LINE 07' WC HOBTH 9e10 rFET OF SAID 40PTHEAST QVARTGF TO THE EAST LINE or SAI.r sup3IVI5m,.; THSK,—e NORTH ALdNR SAIri SUBDIVISION LIKE TO TH8 TRUE PIVOT Or BEGINK171C. EXCEPT THAT PORTJOh LYING WITHIN 148TH AVENUE S.E. AND EXCSPT THAT' P9RTIOK OF ANY LYrNr, VITUIW TFl1: SVUTR 30 ACRES OF SAID NORTHEAST Q11AHTER OF TN! WORTN*RRT QUARTER Or SAID SECTION. Ehtsd thin ism tpy of 'A04ERA1$A 19' 93. STATE OF WASHriGTON. (:.May of x.ISG � is Oa thh das prnm4llr appeased brf„ er mr RICHAM C, FWHER MO SWAN N, PIMMR, RMAND i WIFE to Me knew to be the [editddwd ■ dereii•d is ar4 W6 C%Kuted dW witbk and (<w W69 t ITUV W, aad KL'r trkdyad that awy a pm the nnr as their 1m and wdmftuy as aed oral, :w 1K wimawo poepejes tber •nerd. Gri'i7 w*rwrhendandoNku4edrkh [Elm day 'r NGVEWR 1943, .1•arwy J' uk is aai Im ek SLW of WaeA 146, ,e,rdi,r.e FALL CITY. _—'_— --- . --- - - - — � - - . . I ... 3 I 3 4 C1 C v4 r5 V RT 0 K 1E S r a Pre: LMV RECeMMwe CLOCK +�RSl�ifi MANUFACTURED HOME APPLICATIO tt ' 7rnEOPTlaela n oew" a THE ELYMATION ICIP"ns A W1 now 7, NkM .'� TRANSFCRINIM IVNtWnghtsALL no..hdswyl :2b IjljyljlTlbwfr R> teats ROWOVAL R M FWAL PADMgiY Wumvowb on 1.1 .$ % 4, bW41 a 0 n rtOa111T i7F. 1995 �UUTO D zD 27'0 X &Ift�PnOR�1 931j) Iµy tt Q Attach a cwv of tho legal dwcriptlarl of Your land. It can be Obtained from your Cou tyJlssessrR,'.anil} e Lard to which tlpt manufactured home is being;® AFFIXED ❑ RMOVED 'A01O ",L%Kmm' unm 102305-91 11-03 Tlrt><GOAFPAMV fY14rfF1r5111mhJ I certify that 6* legal desw pticn of the land and tnlaftarship am true and correct •Mq m t:cttw.wrn,lota e e x Hone: AppNcalMA mut hs tinrutA with r uJ:vttu� AaraT rdJHn 7a eYrnaar daTr at do uWa Npnaa IJt• thf 7q1. Gnvrm RaPrraatarl►r. A1+iotaewo �lvafrl Or/Or:(Cr`R'LIY9G noir I cwtily that the manufactured home has bean afrLved to the real pttrWW w da WhIld, Or 010 nsa taRwr ollowln bupdfn 't has been issued for this amoza and wW be ins u cacn Ion. B94R 14 Z 3 Eno Amm"tagnm rJrarasararrtereterittuAaTft rAri {� x - Im Val La,trrJr auc rr rmraat m Plun ptaldr wo O"Patandt of JJ mbq ID17L1 Z Ot1Rl11 } KI 1ddlrfll[C 9U LtWA Coons'NumaeFr MY am& r mrt �— . W.m9GIJ0dTJICMITetlaWMPI ATIIJCxpw WILLIAM R. YACER Y1A1CiF1RiW1Il15jl1&1R _ I NWI[ W trGC.tOlrt]IitiAN OM101 ta6rlii'Ai14i C3fERYL YAOER 6 L 4 2 9 R 0 ar FdSS Reotsratm lea, bs mrrd m I1415 - I613414 AVENtfE S.E. yourWomeltYnQunChkarruewjW 1.0. fora _ait+• It ihs symn 1& 5 LIrMAnd1 Cloy S Mr Clot WA 9RO59 5adevaat.F�ddothy tJ+tlard —t----- RENTO➢1 raa+w ytrY ttaLa+m1+ (6oh :-wen Wain. umT f[ISS10N HIi15 M0&TGAGE CO1tPOPATIDN �burlrwt nJaLara earaLssaa JNiTtr64LCr1aat oarAaaT+us 1403 NOtfIFt TU5T IIi AyEttlfE SURE 160 — Nos themum nplrund Jr m. tnrl Mwmr7 ... J cirY rrwtt b.coat TOTAL fIRS $TAX AIIiI C 92701 Wuu we 01111chmerd h/m RP41a•733I � .rrMATtAtrorlJwrt�nrR ASRCVrTaF u trf AS ,/ ✓q.. ti,aa ltaaOFrim x .r atnT�wili�" ►MA 64 41wtV a �T, a.'.te"n•r'"r°""'"'°1w' .n+rw and OEALlwsRFPOMOF&ALF $ rMJr.1DT..nt .�..tr IRMre•ti!1 6 IabE11 PENALTY OF )rAAIRY tAyt THAT ICngJT tHrt tbV ]alw.tarlanh sw+.d. The "hhCh 1. .IV" at TA7lauwipCTtOwnAawrt OrJMFr1i aF lrtl5 YE111CYF ANa flt61Nr�1 LSA rt»rtaY.aarr. sash n ttMwa. 7.9 x x h a`7Q58 x yQ�FwAS CRucumAn LJrAMaI ikm—brrrf...VNl Rrn.. usE TAx r.Kuw;ir. ---d. rr X CGtAM7'V Ar1efTWyAR�1?t'CFJirSaary Ofi*iG'EAPRtB VAL• fJWr kr utr bM 3r4Alr+W I CUN that the abm apolca$on appears to haw been completed correctly. and the apprwant has sufWant docurnerrtatlan to pmceed with the recording of this fomL RMM >taNJLl wr 7NCIM1j7tJ t1latATORRWNR F f Thu i has Jaean recorded in V1e c records. x Q .t T1J+td• aitW IIOJr , 1 vwpm,s �a INSTRUCT N SHEET COMPLETE THE APPROPRIATE BOXES ON THE FORM AS INDICATED J!"IN, DEPENDING UPON THE TRANSACTION YOU WISH TO PROCESS. > Manufactumd Home Title Elir Mattan Applkotlon ;complete boxes 1, 3, 4, 5, 8 and 7).'To eliminate or not issue a tide for a manufactured home which is io become real property. > MDngfacturad Home Transfer In Location Appkation leornpiete all boxeai. User ONLY when a manufactured hm m, whose this has been prwAN31Y elmirrated, Is bad+g moved to turd with a different legal d"Cripllon and is to become part of the real property to which It hit been moved end afRxed. If the transfer in location is between two different counties, prepare rule form in duplicate and have recorded In the respective eounpel_ > Manufactured Hoar Removai From Real Property AppTiea6arl pcampfete bones 1, 2, 3. % 8, and 7). When iiifinp a manufactured horns whose title has bean pvevicusly oiiminated, Once properly cornpleted and m carded, this application will be a required supporting document along with any other raqukernerta when applyurg for a Certificaie of Tide for the manufactured home. IMPORTANT: SIGNATURES OF THE OWNERS ON THE MANUFACTURED HOME APPLICATION INDICATE TERMINATION OF INTEREST IN THE MANUFACTURED HOME THROUGH TITLE PROVIDED BY CHAPTER 45.12 RCW ANO INDICATE INTENT TO PERFECT IWEREST IN THE MANUFACTURED HOME AS RFAL PROPERTY WITH THE LAND HEISHEITHEY OWN AND TO WWCH IT IWtS BEING AFRXEO. IF frfANUFAC- TUM HOME IS HEING REMOVED FROM REAL MOPCM, SIGNATURES CONSENTTO THE REMOVAL, THE FORM MAY THEN BE USED FOR MAKING APPLICATION FOR TITLE WITH THE DEPARTMENT OF UCE?MNG AS PROVIDED BY CHAPTER 48.12 RCW, Note: Owners of the manufactured home must own the land when the application Is for a Manufactured Home Title FlImination or a Manufactured Horne Transfer In Location. i SECTION 1 Enlur dire descxiptloe of the marwlutured borne. SECTION 2 Place a 'S' in the appropriate bax, and enter the pxeparly tax paecel mrrnbertsk Attach a copy of the Ingar land desrripdw cbtnined from the CouDlr Assessor's Office, a copy of the Statutory YJarraoty Deed or addillanef altachmer4 torn TD-420-732. When pnXmISing a "Transfer In Location Application.' body bwxn would be checked. The appik9lion must be arzompmuad by two separate land dosc fttk)= SECTON 3 The Ink Campanf Certification' box must be cornpkted when procening a `Trerssfer In Location' or a "Aomwal From :ttyl Pmperty" application, knpanwm The nnal Preceded aapfiicetion tart most be snhreielte d to a vethick licensing agent within 10 days of the title compeny's eertifrcador, SEC17C V 4 When processing in'SinTination' or'friniicr M Lpc2Aoo' oppAcrtim elther a city or co:xnty olfies, depending upon the kcation of tha manufactured hwm, must iswe a perrtut to alfix the marwfaetwW home to ft land, inspecting it upon comptetion. The issuing office must sign the appropriate box, adding the pervert nmbet if the +a inspection has not lot occurred. SECTION S This area must be Signed by all regismed owners of the manufactured home. Ir dire manulacttaad tome has bean add. the new owners must coraplate this portion Signatures of the reglstered awneri must be wtadasd of corulird by the selling dealer of a vehicle ficena agem. Fees will include $4,25 filing end application fee plas sales or use tax due. Additional lees may include: a s25 err►inotianfee wd a $15 rmbia harm he for a $66 relocation lee) dapendng upon tree date of pie. Subagents will charge an ■dditte711r service fee. Wees we a subicct to change wiihevt oxice.l SEI�TION B Tyke The WOPCOY OPnpleted Wrrutactxat'd Hones Application and all DecwF" wpponfr+g documents to the Coady AudilarlAgent Licensing 0111co for approval. Suppardng documents may Include but are not IWled m: pmol of ownership or a MamlltlnLWIL Statement at Origin feaSOL proof of taxes paid, and apylcable wkaseW of Interest- Subagents may ON complete the approval pardon of this fame. +' SECTON 7 Once the applica tion has been approved by fhe County AuditorlAgen Licerminp Dlfict, take Your appllullhn form to the CDurrty R—r&V Office. Retain proof of #A roewft lees paid. II the Fle;ording Oitice retains ym ori&W opplication lom obtain a evtHled copy at ft:e recardcd fan. APPLICANTS: Once recorded. you must return to a Vehicle tk*iabtg of it to On the rr Morwfoatured Mom Appacm6o n._paying all "*Ired fees. . ya.ru.i:�.rraxneuart +wcnnno,orr r� a .r a Uhl Q n.n or arwcrox MANUFArrwuawowwrrtecKtma-A001TMXk%LA"^c mMM LEGAL DESCRIPTION OF LAND : This form is to be used when there Is not auffmjom room on T040-729, TD-420.730, or TD 420.731 to provide the legal desalA m of the kW. This farm must be recorded with the Manufactured Horne Form, and a cerdlied cMV presented to s vile Deeming agency as pert of the suppo ft dmirmnMian1or is Manufactured Hom bpo atlon. Check typo of applic bw. MT& Elimination t Removal From Real Fraperly Transfer In Lmflon r tend: Property Tax Parcel f+kunber 102305-9111-03 Uge1 ilsstriptionr The South I61 feet of the North 490 feet of the Northeast quarter of the r Northeast quarter of Section 10, Tovnahip 73 North, Range 5 Bast, H,H„ in King County, Kashiagtoa; �! EXCEPT the f011oving described portion of said promises: Beginning at the Southeast corner of CAo North 055 feet of said Northeast quarter; THENCE Westerly to the Southeast cntucr of tho East 398 feet of the Korth 055 ! fcot. of said Northeast quarter; TNEr10E Soutborly to the Southvoet corner of the East 397 feet of the North 990 Q feat of said Northeast quarter; THENCE Eaaterly slang the South lies of the North 990 feet of said 1lorthenat quarter to the Eaat line of said subdivis[on; THENCE North along said subdivision line to the trod point of beginning'. A of EXCEPT' that portion lying within t48th Avcaue Southeast; 7) AND EXCEPT that portion of any lying within the South 10 acres of said Northeast ca 13 quarter of the Northeast 4uartor of acid section. Situtate in the County of King, State of Washingtoa. ! `2 g$ h N w P q g n � Amewft office a! C=my In Mich Heat Ptoyerty is bested l ee that Ihls an ut the meards. jTr iu rAs4 ern �acanrrio rarau we tat �vr stt�ctiet w•anei r... � r: 2o04M000f 865.00• AFTER RECORDING MAIL TO: John Smith PO Box 2670 Renton, WA 98Q56 Filed for Record at Request of: .+y •"' "�* AWAmerican Tide First American Title Insurance Company Z=9219V Cofnlpony QUIT CLAIM DEED File No; 4261-449752 ( ) Date: September 10, 2004 Grantor(s): SBI Developing LLC '� �1 Grantee(s): John L Smith - .,...—�. Abbreviated Legal: Lots 15, 28, 29, Prookeftld, Vol. 223 Pg. 25-28 Addrdonal Legal on page: 3. � Assewes Tax Parcel No(s): 102W59330D8; 9101; 9241; 9404 THE GRANTOR(S) SBI Developing LLB a Washington l imiter! Liability Whpah'y for and In consideration of reconveyance after development, conveys and quit dalM to 7iihn Elii iitlt;'the following described real estate, situated in the county or Ming, State of Wamir oBni, toge&r, with an after acquired title of the grantors) therein: Lots 15, 28 and 29 of BrookefiWd, according the plat thereof recorded in Volume �23'o( , Picts, page(s) 25 through 28, under Recording No. 20040901002377','In king�Coesniy, Washington. SBI Developing LLD, a Washington Limited Liability Company By: Gary ger paw 1 Of 2 E21082895 11114M 14.50 TAX 8" OUR PRM01 OF Oft 2W1110001865.W. l W APK; Q%Abjaim Deed - aarftm d He No.: 4261.449752 (KVM) Date: 091101"N STATE OF WashingWr; ) Yss COUPr Y OF Pike I certify that i know or have sadsfactory evldenoe ry J. Raaca, Is/are the person(s) who appeared Wforq me, and said person(s) ad ricrMedged hh + E7 signed this instrument, on oath stated tm Is/are authorized to execute r'strument and acknowledged it as the Manager DeMvping LLC, a Washin9ban Um4d Uabpity OojrRpany to be the free and voluntary act of such pa for for the uses and lxr m In this I Dated:' Cf m V. Mfller ry Putac in and for the State of Washington Residing at: Sumner My appolntrnent expires,* 1.0,02.05 Page 2 of 2 LP8.22 7197