20160801001166 - Parkview Services, DOT• FIRST AMERICAN_
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RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Federal Way
33325 8th Ave S
Federal Way, WA 98003 -6325
Attn: Cynthia Ricks - Maccotan
11 II 111111 11111111
20160801001166
FIRST AMERICAN
PAGE -001 OF 009
08/01/2016 15:43
KING COUNTY, WA
DEED OF TRUST
Property Address: 33402 33rd Place SW, Federal Way, WA 98023
Grantor (s): PARKVIEW SERVICES, a Washington non -profit corporation
Beneficiary: CITY OF FEDERAL WAY, a Washington Municipal Corporation
Property Legal Description (abbreviated): Lot 71, Woodridge Park, according to the plat thereof recorded
in Volume 101 of Plat, Pages 57 through 61, inclusive, in King County, State of Washington as indicated
below.
Assessor's Tax Parcel ID #(s): 954280- 07100 -00.
THIS DEED OF TRUST is dated 0 fa J 3a , 2016, between PARKVIEW
SERVICES, ( "Grantor "), whose address is 17 44 Midvale Ave. LL, Shoreline, WA 98133;
CITY OF FEDERAL WAY, whose address is 33325 8th Ave S, Federal Way, WA 98003
(referred to below as "Lender "); and First American Title, whose mailing address is 5401 32nd
Ave. NW, Suite 107, Gig Harbor, WA 98335 (referred to below as "Trustee ").
1. CONVEYANCE AND GRANT. For valuable consideration, Grantor irrevocably grants,
bargains, sells and conveys to Trustee in trust, with power of sale and for the benefit of Lender as
Lender, all of Grantor's estate, rights, title and interest, now owned or hereafter acquired, in and
to the following real property located at 33402 33rd Place SW, in King County, Washington, and
legally described below, together with all existing or subsequently erected or affixed buildings,
improvements and fixtures; all easements, rights of way, and appurtenances; all water, water
rights and ditch rights (including stock in utilities with ditch and irrigation rights); and all other
rights, royalties, and profits relating to the real property, including without limitation all
minerals, oil, gas, geothermal and similar matters (collectively "Real Property ").
The Real Property legal description is:
LOT 71, WOODRIDGE PARK, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 101 OF PLATS, PAGE(S) 57 TO 61 INCLUSIVE,
RECORDS OF KING COUNTY, WASHINGTON.
2. DEFINITIONS. The following words shall have the following meanings when used in
this Deed of Trust. Terms not otherwise defined in this Deed of Trust shall have the meanings
attributed to such terms in the Uniform Commercial Code. All references to dollar amounts shall
mean amounts in lawful money of the United States of America.
• Deed of Trust means this Deed of Trust among Grantor, Lender, and Trustee.
• Grantor means any and all persons and entities executing this Deed of Trust, including
without limitation FUSION.
• Improvements means and includes without limitation all existing and future improvements,
buildings, structures, mobile homes affixed on the Real Property, facilities, additions,
replacements and other construction on the Real Property.
• Indebtedness means indebtedness of Grantor to Lender, including all principal and interest
payable under the Note and any amounts expended or advanced by Lender to discharge
obligations of Grantor or expenses incurred by Trustee or Lender to enforce obligations of
Grantor under this Deed of Trust, together with interest on such amounts as provided in this
Deed of Trust. The word "Indebtedness" also includes all renewals, modifications,
extensions, future advances or increases in the amount of the Note.
• Lender means the City of Federal Way, its successors and assigns.
• Note means the Promissory Note dated, May 31, 2016, in the original principal amount of
$50,000.00 from Grantor to Lender, together with all renewals, extensions, modifications,
refinancing, and substitutions for this Note.
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• Property means collectively the Real Property.
• Real Property means the property, interests and rights described above in the "Conveyance
and Grant" section.
• Related Documents means and includes without limitation the CDBG Capital Project
Contract for the Acquisition of Permanent Housing; all related Project Exhibits; all
promissory notes; all CDBG capital project proposals, applications and disclosures; any
affordability covenants, deeds of trust, and all other instruments, agreements and documents,
whether now or hereafter existing, executed in connection with the Indebtedness.
• Trustee means First American Title and any substitute or successor trustees.
THIS DEED OF TRUST IS GIVEN TO SECURE (1) PAYMENT OF THE
INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF
GRANTOR UNDER THE NOTE, THE AFFORDABILITY COVENANT, THIS DEED
OF TRUST AND OTHER RELATED LOAN DOCUMENTS. THIS DEED OF TRUST IS
GIVEN AND ACCEPTED ON THE FOLLOWING TERMS.
3. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of
Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due,
and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this
Deed of Trust, and the Related Documents.
4. FORBEARANCE BY LENDER NOT A WAIVER. Extension of the time for payment
or modification of the sums secured by this Deed of Trust granted by Lender to any successor in
interest of Grantor shall not operate to release the liability of the original Grantor or Grantor's
successors in interest. Lender shall not be required to commence proceedings against any
successor in interest or refuse to extend time for payment or otherwise modify the sums secured
by this Deed of Trust by reason of any demand made by the original Grantor or Grantor's
successors of interest. Any forbearance by Lender in exercising any right or remedy as provided
in the Note or otherwise shall not be a waiver of or preclude the exercise of any right or remedy.
5. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that
Grantor's possession and use of the Property shall be governed by the following provisions:
5.1 Possession and Use. Grantor shall acquire and improve the Property as
permanent housing for persons with developmental disabilities within 30 days after the execution
of this Deed of Trust. The Grantor acknowledges that this Property is subject to certain land use
and occupancy requirements.
5.2 Duty to Maintain. Grantor shall not destroy, damage or impair the Property,
allow the Property to deteriorate, or commit waste on the Property. Grantor shall maintain the
Property in tenantable condition and promptly perform all repairs, replacements, and
maintenance necessary to preserve its value.
5.3 Removal of Improvements. Grantor shall not demolish or remove any
Improvements from the Real Property outside of the scope of the Project without the prior
written consent of Lender. As a condition to the removal of any Improvements, Lender may
require Grantor make arrangements satisfactory to Lender to replace such Improvements with
Improvements of at least equal value.
5.4 Lender's Right to Enter. Lender and its agents and representatives may enter
upon the Real Property at all reasonable times to attend to Lender's interest and to inspect the
Property for purposes of Grantor's compliance with the terms and conditions of this Deed of
Trust. Lender shall give Grantor notice at the time of or prior to an inspection specifying
reasonable cause for the inspection.
5.5 Forfeiture Action. Grantor shall be in default if any forfeiture action or
proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result
in the forfeiture of the Property or otherwise materially impair the lien credited by this Deed of
Trust. Grantor may cure such a default and reinstate, as provided in paragraph 13.11, by causing
the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination,
precludes forfeiture of the Grantor's interest in the Property or other material impairment of the
lien created by this Deed of Trust.
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5.6 False Application. Grantor shall be in default if Grantor, during the application
process or during the period governed by the CDBG Capital Project Contract, gave materially
false or inaccurate information or statements to Lender (or failed to provide Lender with any
material information) in connection with the loan evidenced by the Note, including, but not
limited to, representations concerning Grantor's use of the Property as transitional housing of
families experiencing homelessness.
5.7 Hazardous Substances. Grantor shall not cause or permit the presence, use,
disposal, storage, or release of any Hazardous Substances on or in the Property. Grantor shall not
do, nor allow anyone else to do, anything affecting the Property that is in violation of any
Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage
on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
5.8 Environmental Cleanup. Grantor shall promptly comply with all statutes,
regulations, and ordinances which apply to Grantor or to the Property and with all orders,
decrees or judgments of governmental authorities or courts having jurisdiction which Grantor is
bound by, relating to the use, collection, storage, treatment, control, removal or cleanup of
hazardous or toxic substances in, on or under the Property or in, on or under any adjacent
property that becomes contaminated with hazardous or toxic substances as a result of
construction, operations or other activities on, or the contamination of, the Property, at Grantor's
expense. Lender may, but is not obligated to, enter upon the Property and take such actions and
incur such costs and expenses to effect such compliance as it deems advisable to protect its
interest as Lender; and whether or not Grantor has actual knowledge of the existence of
hazardous or toxic substances in, on or under the Property or any adjacent property as of the date
hereof, Grantor shall reimburse Lender prior to Lender acquiring title to the Property through
foreclosure or deed in lieu of foreclosure, in connection with such compliance activities.
5.9 Duty to Protect. Grantor agrees to prevent the Property from becoming
abandoned or from leaving the Property unattended. Grantor shall do all other acts, in addition to
those acts set forth above in this section, which from the character and use of the Property as
Grantor's transitional housing are reasonable necessary to protect and preserve the Property.
5.10 Agricultural Use. Grantor agrees that the Property is not used principally or
primarily for agricultural or farming purposes.
6. SALE OR TRANSFER. The following provisions relating to the sale or transfer of the
Property are a part of this Deed of Trust.
6.1 Transfer of Property. If the Property or any part thereof, or any interest of the
Grantor therein, is sold, leased or otherwise transferred, including any voluntary or involuntary
transfer, excluding however the creation of a lien or encumbrance on the property subordinate to
the Deed of Trust, then Lender may declare all sums secured by the Deed of Trust immediately
due and payable. This provision shall apply to each and every sale, transfer, conveyance or
encumbrance, regardless of whether or not Lender has consented or waived its rights, whether by
action or inaction, in connection with any previous sale, transfer, conveyance or encumbrance,
whether one or more.
6.2 Grantor Notice. If Lender exercises this option, Lender shall give Grantor and
any Senior Lien Holder(s) prior written notice of acceleration. This notice shall provide a period
of not less than 30 days from the date the notice is delivered or mailed within which Grantor
must pay all sums secured by this Deed of Trust. If Grantor fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedy permitted by this Deed of Trust without
further notice or demand on Grantor.
6.3 Senior Lien Holder(s) Notice. Notwithstanding Lender's right to invoke any
remedy hereunder, Lender agrees that is will not commence foreclosure proceedings or accept a
deed in lieu of foreclosure, or exercise any other rights or remedy hereunder until it has given
any Senior Lien Holder(s) at least 60 days' prior written notice.
7. TAXES AND LIENS. The following provisions relating to the taxes and liens on the
Property are a part of this Deed of Trust.
7.1 Payment. Grantor shall pay when due (and in all events prior to delinquency) all
taxes, special taxes, assessments, charges (including water and sewer), fines and impositions
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levied against or on account of the Property, and shall pay when due all claims for work done on
or for services rendered or material furnished to the Property. Grantor shall maintain the Property
free of all liens having priority over or equal to the interest of Lender under this Deed of Trust,
except for the lien of taxes and assessments not due and except as otherwise provided in this
Deed of Trust.
7.1 Evidence of Payment. Grantor shall, upon demand, furnish to Lender satisfactory
evidence of payment of the taxes or assessments and shall authorize the appropriate
governmental official to deliver to Lender at any time a written statement of the taxes and
assessments against the property.
7.2 Notice of Construction. Grantor shall notify Lender at least fifteen (15) days
before any work is commenced, any services are furnished, or any materials are supplied to the
Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of
the work, services, or materials. Grantor will, upon request of Lender, furnish to Lender advance
assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements.
8. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring
the Property are a part of this Deed of Trust.
8.1 Maintenance of Insurance. Grantor shall procure and maintain policies of fire
insurance with standard extended coverage endorsements on a replacement basis for the full
insurance value covering all Improvements on the Real Property in an amount sufficient to avoid
application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender.
Grantor, upon request of Lender, will deliver to Lender from time to time the policies or
certificates of insurance in form reasonably satisfactory to Lender, including stipulations that
coverages will not be cancelled or diminished without at least ten (10) days' prior written notice
to Lender. Each insurance policy also shall include an endorsement providing that coverage in
favor of Lender will not be impaired in any way by any act, omission or default of Grantor or
any other person. Should the Real Property at any time become located in an area designated by
the Director of the Federal Emergency Management Agency (FEMA) as a special flood hazard
area, Grantor agrees to obtain and maintain Federal Flood Insurance for the full unpaid principal
balance of the loan, up to the maximum policy limits set under the National Flood Insurance
Program, or as otherwise required by Lender, and to maintain such insurance for the term of the
loan.
8.2 Application of Proceeds. Grantor shall promptly notify Lender of any loss or
damage to the Property if the estimated cost of repair or replacement exceeds $5,000.00. Lender
may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Upon the
election of Lender, Lender may receive and retain the proceeds of any insurance and apply the
proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the
restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and
repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner
reasonably satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay
or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor
is not in default under this Deed of trust. Any proceeds which have not been disbursed within
180 days after their receipt and which Lender has not committed to the repair or restoration of
the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then
to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the
Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such
proceeds shall be paid without interest to Grantor as Grantor's interest may appear.
8.3 Unexpired Insurance at Sale. Any unexpired insurance shall inure to the benefit
of, and pass to, the purchaser of the Property covered by this Deed of Trust at any trustee's sale
or other sale held under the provisions of this Deed of Trust, or at any foreclosure sale of such
Property.
8.4 Grantor's Report on Insurance. Upon request of Lender, however not more
than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance
showing: (a) the name of the insurer; (b) the risks insured; (c) the amount of the policy; (d) the
property insured, the then current replacement value of such property, and the manner of
determining that value; and (e) the expiration date of the policy. Grantor shall, upon request of
Lender, have an independent appraiser reasonably satisfactory to Lender determine the cash
value replacement cost of the Property.
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9. EXPENDITURES BY LENDER. If Grantor fails to comply with any provision of this
Deed of Trust, or if any action or proceeding is commenced that would materially affect
Lender's interests in the Property, Lender on Grantor's behalf may, but shall not be required to,
take any action that Lender reasonably deems appropriate. Any amount that Lender expends in
so doing will bear interest at the rate provided for in the Note from the date incurred or paid by
Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be
payable on demand, (b) be added to the balance of the Note and be apportioned among and be
payable with any installment payments to become due during either (i) the term of any applicable
insurance policy or (ii) the remaining terms of the Note, or (c) be treated as a balloon payment
which will be due and payable at the Note's maturity. This Deed of Trust also will secure
payment of these amounts. The rights provided for in this paragraph shall be in addition to any
other rights or remedies to which Lender may be entitled on account of the default. Any such
action by Lender shall not be construed as curing the default so as to bar Lender from any
remedy that it otherwise would have had.
10. COMPLIANCE WITH LAWS. Grantor warrants that the Property and Grantor's use of
the Property complies with all existing applicable laws, ordinances, and regulations of
governmental authorities.
11. CONDEMNATION. The following provisions relating to condemnation proceedings are
a part of this Deed of Trust.
11.1 Application of Net Proceeds. If all and any part of the Property is condemned by
eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender
may at its election require that all or any portion of the net proceeds of the award be applied to
the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall
mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by
the Trustee or Lender in connection with the condemnation, and subject to the terms of the First
Mortgage or Deed of Trust.
11.2 Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly
notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to
defend the action and obtain the award. Grantor may be the nominal party in such proceeding,
but Lender shall be entitled to participate in the proceeding and to be represented in the
proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or
cause to be delivered to Lender such instruments as may be requested by it from time to time to
permit such participation.
11.3 Abandonment. If the Property is abandoned by Grantor, or if, after notice by
Lender to Grantor that the condemner offers to make an award or settle a claim for damages,
Grantor fails to respond to Lender within 30 days after the date the notice is given, Lender is
authorized to collect and apply the proceeds, at its option, either to restoration or repair of the
Property or to the sums security by this Deed of trust, whether or not then due.
12. DEFAULT. Each of the following, at the option of the Lender shall constitute an event
of default ( "Event of Default ") under this Deed of Trust:
12.1 Default on Indebtedness. Failure of Grantor to make any payment when due on
the Indebtedness or failure to perform any material obligation under the Note.
12.2 Default on Other Payments. Failure of Grantor within the time required by this
Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to
prevent failing of or to effect discharge of any lien.
12.3 False Statements. Any warranty, representation or statement made or furnished
to Lender by or on behalf of Grantor under this Deed of Trust, the Note or any CDBG Capital
Project Contract proposal, application or disclosure document is false or misleading in any
material respect, either now or at the time made or furnished.
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12.4 Defective Collateralization. This Deed of Trust or any of the Related Documents
ceases to be in full force and effect (including failure of any collateral documents to create a
valid and perfected security interest or lien) at any time and for any reason.
12.5 Foreclosure, Forfeiture, etc. Commencement of foreclosure or forfeiture
proceedings, whether by judicial proceeding, self -help, repossession or any other method, by any
creditor of Grantor or by any governmental agency against any of the Property. However, this
subsection shall not apply in the event of a good faith dispute by Grantor as to the validity or
reasonableness of the claim which is the basis of the foreclosure or forfeiture proceeding,
provided that Grantor give Lender written notice of such claim and furnishes reserves or a surety
bond for the claim satisfactory to Lender.
12.6 Breach of Other Agreement. Any breach by Grantor under the terms of any
other agreement between Grantor and Lender, including but not limited to the Note, that is not
remedied within any grace period provided therein, including without limitation any agreement
concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or
later.
13. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of
Default and at any time thereafter, Trustee or Lender, at its option, may exercise any one or more
of the following rights and remedies, in addition to any other rights or remedies provided by law:
13.1 Accelerate Indebtedness. Lender shall have the right at its option to declare the
entire Indebtedness immediately due and payable.
13.2 Foreclosure. With respect to all or any part of the Real Property, the Trustee shall
have the right to exercise its power of sale and to foreclose by notice and sale, and Lender shall
have the right to foreclose by judicial foreclosure, in either case in accordance with and to the
full extent provided by applicable law.
13.3 Appoint Receiver. Lender shall have the right to have a receiver appointed to
take possession of all or any part of the Property, with the power to protect and preserve the
Property, to operate the Property preceding or pending foreclosure or sale, and to collect the
Rents from the Property and apply the proceeds, over and above the cost of the receivership,
against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's
right to the appointment of a receiver shall exist whether or not the apparent value of the
Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not
disqualify a person from serving as a receiver.
13.4 Tenancy at Sufferance. If Grantor remains in possession of the Property after the
Property is sold as provided above or Lender otherwise becomes entitled to possession of the
Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the
purchaser of the Property and shall at Lender's option either (a) pay a reasonable rental for the
use of the Property, or (b) vacate the Property immediately upon the demand of Lender.
13.5 Other Remedies. Trustee or Lender shall have any other right or remedy
provided in this Deed of Trust or the Note or by law.
13.6 Notice of Sale. Lender shall give Grantor reasonable notice of the time and place
of any public sale of the Property or of the time after which any private sale or other intended
disposition of the Property is to be made. Reasonable notice shall mean notice given at least ten
(10) days before the time of the sale or disposition.
13.7 Sale of Property. To the extent permitted by applicable law, Grantor hereby
waives any and all rights to have the Property marshaled. In exercising its rights and remedies,
the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in
one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any
portion of the Property.
13.8 Waiver, Election of Remedies. A waiver by any party of a breach of a provision
of this Deed of Trust shall not constitute a waiver of or prejudice the party's rights otherwise to
demand strict compliance with that provision or any other provision. Election by Lender to
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pursue any remedy provided in this Deed of Trust, the Note, in any Related Document, or
provided by law shall not exclude pursuit of any other remedy, and an election to make
expenditures or to take action to perform an obligation of Grantor under this Deed of Trust after
failure of Grantor to perform shall not affect Lender's right to declare a default and to exercise
any of its remedies.
13.9 Attorney's Fees, Expenses. If Lender institutes any suit or action to enforce any
of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may
adjudge reasonable as attorney's fees at trial on any appeal. Whether or not any court action is
involved, all reasonable expenses incurred by Lender which in Lender's opinion are necessary at
any time for the protection of its interest or the enforcement of its rights shall become a part of
the Indebtedness payable on demand and shall bear interest at the Note rate from the date of
expenditure until repaid. Expenses covered by this paragraph include, without limitation,
however subject to any limits under applicable law, Lender's attorney's fees whether or not there
is a lawsuit, including attorney's fees for bankruptcy proceedings (including efforts to modify or
vacate any automatic stay or injunction), appeals and any anticipated post - judgment collection
services, the cost of searching records, obtaining title reports (including foreclosure reports),
surveyors' reports, appraisal fees, title insurance, and fees for the Trustee, to the extent permitted
by applicable law. Grantor also will pay any court costs, in addition to all other sums provided
by law.
13.10 Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set
forth in this Section.
13.11 Grantor's Right to Reinstate. If Grantor meets certain conditions, Grantor shall
have the right to have enforcement of this Deed of Trust discontinued at any time prior to the
earlier of (a) five (5) days, or such other period as applicable law may specify for reinstatement,
before sale of the Property pursuant to any power of sale contained in this Deed of Trust; or (b)
entry of a judgment enforcing this Deed of Trust. Those conditions are that the Grantor: (a) pays
Lender all sums which then would be due under this Deed of Trust and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays
all expenses incurred in enforcing this Deed of Trust, including, but not limited to, reasonable
attorney's fees; and (d) takes such action as Lender may reasonably require to assure that the lien
of this Deed of Trust, Lender's rights in the Property and Grantor's obligation to pay the sums
secured by this Deed of Trust shall continue unchanged. Upon reinstatement by Grantor, this
Deed of trust and the obligations secured hereby shall remain fully effective as if no acceleration
had occurred. However, this right to reinstate shall not apply in the case of acceleration under
paragraph 5.
14. POWERS AND OBLIGATIONS OF THE TRUSTEE. The following provisions
relating to the powers and obligation of Trustee (pursuant to Lender's instructions) are part of
this Deed of Trust.
14.1 Powers of Trustee. In addition to all powers of Trustee arising as a matter of law,
Trustee shall have the power to take the following actions with respect to the Property upon the
written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real
Property, including the dedication of streets or other rights to the public; (b) join in granting any
easement or creating any restriction on the Real Property; and (c) join in any subordination or
other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust.
14.2 Obligations to Notify. Trustee shall not be obligated to notify any other party of
a pending sale under any other trust deed or lien, or of any action or proceeding in which
Grantor, Lender, or Trustee shall be a party, unless required by applicable law, or unless the
action or proceeding is brought by Trustee.
14.3 Trustee. Trustee shall meet all qualifications required for trustee under applicable
law. In addition to the rights and remedies set forth above with respect to all or any part of the
Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have
the right to foreclose by judicial foreclosure, in either case in accordance with and to the full
extent provided by applicable law.
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14.4 Successor Trustee. Lender, at Lender's option, may from time to time appoint a
successor trustee to any Trustee appointed hereunder by an instrument executed and
acknowledged by Lender and recorded in the office of the recorder for the County in which the
Real Property is located. The successor trustee, without conveyance of the Property, shall
succeed to all the title, power, and duties conferred upon the Trustee in this Deed of Trust and by
applicable law. This procedure for substitution of trustee shall govern to the exclusion of all
other provisions for substitution.
15. NOTICES TO GRANTOR AND OTHER PARTIES. Subject to applicable law, and
except for notice required or allowed by law to be given in another manner, any notice under this
Deed of Trust shall be in writing, may be sent by facsimile (unless otherwise required by law),
and shall be effective when actually delivered, or when deposited with a nationally recognized
overnight courier, or, if mailed, shall be deemed effective when deposited in the United States
mail first class, certified or registered mail, postage prepaid, directed to the addresses shown near
the beginning of this Deed of Trust. Any party may change its address for notices under this
Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of
the notice is to change the party's address. All copies of notices of foreclosure from the holder of
any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown
near the beginning of this Deed of Trust. Nothing contained in this Section 15, shall be
interpreted or construed as consent of Lender to Grantor's change of residence or a waiver of
Grantor's promise and obligation to occupy of the Property.
16. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part
of this Deed of Trust:
16.1 Amendments. This Deed of Trust, together with any Related Documents,
constitutes the entire and final understanding and agreement of the parties as to the matters set
forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective
unless given in writing and signed by the party or parties should be to be charged or bound by
the alteration or amendment.
16.2 Applicable Law. This Deed of Trust has been delivered to Lender and accepted
by Lender in the State of Washington. This Deed of Trust shall be governed by and construed in
accordance with the laws of the State of Washington.
16.3 Caption Headings. Caption headings in this Deed of Trust are for convenience
purposes only and are not to be used to interpret or define the provisions of this Deed of Trust.
16.4 Merger. There shall be no merger of the interest or estate created by this Deed of
Trust with any other interest or estate in the Property at any time held by or for the benefit of
Lender in any capacity, without the written consent of Lender.
16.5 Successors and Assigns Bound; Joint and Several Liability; Co- signers. The
covenants and agreements of this Deed of Trust shall bind and benefit the successors and assigns
of Lender and Grantor, subject to the provisions of paragraph 6. Grantor's covenants and
agreements shall be joint and several. Any Grantor who co -signs this Deed of Trust, but does not
execute the Note: (a) is co- signing this Deed of Trust only to mortgage, grant and convey the
Grantor's interest in the Property under the terms of this deed of Trust; (b) is not personally
obligated to pay the sums secured by this Deed of Trust; and (c) agrees that Lenders and any
other Grantor may agree to extend, modify, forbear or make any accommodations with regard to
the terms of this Deed of Trust or the Note without the Grantor's consent. All obligations of
Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall
mean each and every Grantor. This means that each of the persons signing below is responsible
for all obligations in this Deed of Trust.
16.6 Severability. If a court of competent jurisdiction finds any provision of this Deed
of Trust to be invalid or unenforceable as to any person or circumstance, such finding shall not
render that provision invalid or unenforceable as to any other persons or circumstances. If
feasible, any such offending provision shall be deemed to be modified to be within the limits of
enforceability or validity; however, if the offending provision cannot be so modified, it shall be
stricken and all other provisions of this Deed of Trust in all other respects shall remain valid and
enforceable.
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16.7 Successor and Assigns. Subject to the limitations stated in this Deed of Trust on
transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of
the parties, their successors and assigns. If ownership of the Property becomes vested in a person
other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with
reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without
releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness.
16.8 Grantor's Copy. Grantor shall be given a copy of the Note, Affordability
Covenant and of this Deed of Trust.
16.9 Waivers and Consents. Lender shall not be deemed to have waived any rights
under this Deed of Trust (or under the Related Documents) unless such waiver is in writing and
signed by Lender. No delay or omission on the part of Lender in exercising any right shall
operate as a waiver of such right or any other right. A waiver by any party of a provision of this
Deed of Trust shall not constitute a waiver of or prejudice the party's right otherwise to demand
strict compliance with that provision or any other provision. No prior waiver by Lender, not any
course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights
or any of Grantor's obligations as to any future transactions. Whenever consent by Lender is
required in this Deed of Trust, the granting of such consent by Lender in any instance shall not
constitute continuing consent to subsequent instances where such consent is required.
16.10 Applicability. This Deed of Trust applies to, insures to the benefit of, and is
binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators,
executors, successors and assigns. The term Lender shall mean the hold and owner of the Note
secured hereby, whether or not named as Lender herein.
16.11 Lien Priority. This Deed of Trust is subordinate to that certain Deed of Trust in
favor of first (1St) King County, dated Ma 3 / Sr- , 2016 and recorded under King
County Auditor's File number 2. O /(, 0.9V/ 00 / 0 q , and second (2 °1) Washington
State Department of Commerce, dated 11'? 4 3 / st , 2016 and recorded under
King County Auditor's File number 2, 0/ 6.3 / 00 / 0 .
GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS
DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. Grantor hereby executes
this Deed of Trust as of the go day of J �, , , 2016.
GRANTOR:
PARKVIEW SERVICES
By: \'\&&4C 1 Q, 1
Marc Cote, Executive Director
STATE OF WASHINGTON )
) ss.
COUNTY OF /2
On this day personally appeared before me Marc Cote, to me known to be the Executive Director
of PARKVIEW SERVICES that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he /she was authorized to execute said
instrument and that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this % day of �J jjt.,7 , 2016.
Notary's signature �f�1 __ p
Notary's printed name J4 DU lc? ] Z? k-
Notary Public -iDa lic in and for the State of Washington.
My commission expires Id' 5/' l 7
MONIQUE PATZER
STATE OF WASHINGTON
NOTARY PUBLIC
MY COMMISSION EXPIRES
10 -21 -17
..s
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