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06-100805 41/46, CITY OF CITY HALL 33325 8th Avenue South Federal Way Mailing Address: PO Box 9718 Federal Way,WA 98063-9718 (253)835-7000 www.cityoffederalway.corn Mr. Leighton O'Brien June 30,2006 1433 SW 344th Place Federal Way,WA 98023 Re: File#06-100805-00-SU;PRELIMINARY SHORT PLAT APPROVAL O'Brien Short Plat; 801 SW 356th Street,Federal Way Dear Mr. O'Brien: The City of Federal Way has completed the administrative review for the"O'Brien Short Plat" application to subdivide one piece of property into two, single-family residential lots. The site is located at 801 SW 356th Street. The City received your application on February 21,2006,and deemed the application complete on March 21,2006. During the course of review,the City sent request-for- information letters,to which you responded with resubmittals on May 11,2006. The City of Federal Way hereby grants preliminary approval of the O'Brien Short Plat, subject to the conditions noted below. This approval corresponds to the Short Plat Map,date-stamped as received May 11,2006,as well as the Conceptual Drainage Plan,date-stamped as received May 11,2006.You may now proceed with engineering design of improvements. This decision of the director is based on the enclosed Statement of Facts and Conclusions and in accordance with decision criteria listed in Federal Way City Code(FWCC)Section 20-93. Conditions of Approval As required by the Public Works Director,prior to recording the short plat,all of the following conditions shall be completed, inspected, and approved by the City: 1. Close the northern access driveway by either raising the depressed curb cut,or by relocating the existing fence and constructing a c-curb behind the sidewalk. 2. Relocate the existing utility pole to either side of the future shared access driveway. This preliminary approval of the short plat does not constitute approval for land clearing or grading, vegetation removal, or any other activities which otherwise require permits from the City.Prior to construction of any improvements,the applicant must apply for engineering approval for all road improvements, storm drainage facilities,and appurtenances. The engineering plans will be reviewed by the Public Works Department and Lakehaven Utility District.No permits or authorization to begin construction or site work will be granted until the final approval of all engineering plans,the payment of all fees, and the submittal of performance securities,as may be required. Once all of the required frontage improvements and stormwater facilities have been constructed, inspected,and approved by the Public Works Department,then, and only then,will the short plat be recorded with King County. File#06-100805-00-SU Doc.I .36891 Mr.Leighton O'Brien Page 2 June 30,2006 Appeal Process Pursuant to FWCC Section 20-94,any person who receives a copy of this decision may appeal the decision within 14 days of the date of issuance.The decision may be appealed in the form of a letter delivered to the Department of Community Development Services by 5:00 p.m.,July 7, 2006(33325 8th Avenue South,PO Box 9718,Federal Way,WA 98063).An appeal letter must contain a clear reference to the matter being appealed and a statement of the factual findings and conclusions of the Director of Community Development Services disputed by the person filing the appeal,and must include the appropriate appeal fee.Any additional requirements of FWCC Section 20-94 must be followed. SEPA Threshold Determination Pursuant to the State Environmental Policy Act(RCW Chapter 43.21C),the proposal is exempt from SEPA review. Requests for Change of Valuation Any affected property owners may request a change in valuation for property tax purposes, notwithstanding any program of revaluation. Duration of Approval Short plat approval shall expire one year from the date of issuance of this decision.However,the applicant may submit a written request in the form of a letter with supporting documentation to the Department of Community Development Services(address above)requesting a one-time extension of this limit of up to one year,pursuant to FWCC Section 20-107. Other Agency Permits The applicant is responsible for identifying and obtaining all required state,federal, or other agency permits,as may be required. Closing If you have any questions regarding this decision,please contact Associate Planner David Lee at 253-835- 2622, or david.lee@cityoffederalway.com. Sincerely, LeetAz_ Kathy McClung,Director Community Development Services Enclosure c: David Lee,Associate Planner File#06-100805-00-SU Doc.1.D.36891 CITY OF Federal Way Exhibit A STATEMENT OF FACTS AND CONCLUSIONS O'Brien Short Plat File No. 06-100805-00-SU June 23, 2006 The following are findings for recommending approval of a short plat application for a parcel of land located at 801 SW 356th Street in Federal Way. 1. Statement of Proposal—The applicant proposes to subdivide a 21,439 square-foot lot(parcel #440560-1090)into two lots, demolish an existing detached garage, and partially demolish and remodel an existing house.The resultant lots will be sized as follows: 1) 11,266.98 square feet,and 2) 10,024.68 square feet. 2. Review Process—Pursuant to the Federal Way City Code(FWCC),the proposed short plat is permitted, subject to administrative review and a Decision of the Director of Community Development Services, as described in FWCC Chapter 20. The proposal has been reviewed by staff from the City's Planning Division,Building Division,and Public Works Department, as well as the Lakehaven Utility District and the South King Fire and Rescue. 3. Zoning—The site is located in a Single-Family Residential (RS) 9.6 zone(a zone with a minimum lot size requirement of 9,600 square feet).The proposal meets the density requirement as noted below.The zoning chart for this zone(FWCC Section 22-631)lists setback and lot coverage requirements.Future building permit applications will be reviewed for compliance with this zoning chart. As conditioned,the proposed lots meet the minimum requirements of the zone. 4. Comprehensive Plan—The site is designated as Single Family—High Density in the Federal Way Comprehensive Plan (FWCP). The proposal is in compliance with the FWCP and related criteria listed in FWCC Section 20-2. 5. SEPA—Consistent with Section 20-87 of the FWCC,the project is categorically exempt from the State Environmental Policy Act(SEPA)process(WAC 197-11-900). 6. Subdivision Design (FWCC Section 20-151)—This part of the code pertains to streets and traffic,as conditioned. Eighth Avenue SW was recently improved,and right-of-way dedication is not being requested at this time. However,the applicant must close the northern access driveway by either raising the depressed curb cut, or by relocating the existing fence and constructing a c-curb behind the sidewalk. Additionally,the existing utility pole must be moved to either side of the future shared access driveway. 7. Lot Design (FWCC Section 20-152)—All lots of the proposal abut a public street right-of- way. Access to both lots will be via a paved driveway perpendicular to 8th Ave SW.An easement for ingress,egress,and utilities is also provided. 8. Density—Pursuant to FWCC Section 20-153, "All lots in conventional subdivisions shall meet the density and minimum lot size requirements of Chapter 22 FWCC."Calculation of density in subdivisions shall not include streets or vehicle access easements.The existing lot is 21,439 square feet.Factoring out the easement area,the proposal still meets the minimum density requirement. 9. Open Space and Recreation (FWCC Section 20-155)—In response to case law,the City of Federal Way has determined that it will not require open space for short plats. 10. Pedestrian and Bicycle Access—Pursuant to FWCC Section 20-156,the proposal meets the applicable criteria. 11. View Considerations(FWCC Section 20-1 57)—No adverse view impacts are anticipated. 12. The proposal,as conditioned,will be consistent with the FWCP,all applicable provisions of the FWCC,and will not adversely impact public health, safety, and welfare.Thus,the project meets all decisional criteria for short plats as found in FWCC Chapter 20. O'Brien Short Plat File#06-100805-00-SU/Doc.I.D.36908 Statement of Facts and Conclusions Page 2 FILE ,2 A66, CITY OF CITY HALL Federal Way 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way,WA 98063-9718 (253)835-7000 www.cityoffederalway.com March 28,2006 Leighton O'Brien 1433 SW 344th Place Federal Way,WA 98023 RE: File#06-100805-000-00-SU;NOTICE OF COMPLETE APPLICATION O'Brien Short Plat,801 SW 356`n Street,Federal Way Dear Mr.O'Brien: On February 21,2006,the City of Federal Way's Department of Community Development Services received your application for a two-lot short plat at 801 SW 356th Street.Pursuant to Federal Way City Code(FWCC) Section 22-85,within 28 days of receiving an application,the City must determine whether the application is complete. COMPLETE APPLICATION Pursuant to the FWCC,your application has been reviewed by the Development Review Committee(DRC) and determined complete as of March 21,2006,based on the submittal requirements for a short plat. Having met the submittal requirements,pursuant to the FWCC,a Notice of Application(NOA)will be published in the Federal Way Mirror on March 29,2006,posted on the City's official notice boards,and posted at each of the City's official notification boards. TECHNICAL REVIEW Please note that a technical review of the submitted materials has not been conducted at this time.A technical review of the application materials will be conducted within approximately the next two weeks.The forthcoming technical review may result in a request for additional information and potential revision and modification to plans and application materials in order to meet applicable code requirements. If you have any questions regarding this letter or your development project,please contact me at 253-835- 2641,or jim.harris@cityoffederalway.com. Sincerely, Ji Harris enior Planner c: Sean Wells,Senior Engineering Plans Reviewer Sarady Long,Assistant Traffic Engineer Greg Brozek,South King Fire Scott Sproul,Acting Assistant Building Official 06-100805 Doc.I .35609 CITY OF MEMORANDUM Federal Way Public Works Department DATE: June 20, 2006 TO: David Lee FROM: Sean Wells, E.5 SUBJECT: O'BRIEN SHORT PLAT- (06-100805-00-SU) 801 SW 356TH ST We have reviewed the above land use proposal and find the concept supportable in its approach to civil site development. These comments are based on a review of the Preliminary Drainage Report and Preliminary Engineering Plans stamped received May 11, 2006 to Federal Way. Public Works Development Services accepts the concepts contained in this preliminary submittal and requires the following conditions as an element of the land use approval: 1. Construction plans and profiles for all roads, storm drainage facilities and appurtenances prepared by the developer's engineer shall be submitted to the City of Federal Way for review and acceptance. No construction shall be started prior to said plan acceptance. 2. Close the northern access driveway by either raising the depressed curb cut, or by relocating the existing fence and constructing a c-curb behind the sidewalk. 3. Relocate the existing utility pole to either side of the future shared access driveway. MASTER LAND USE APPLICATION Q DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES .>i"%``"" ° ECEIVEp 33325 8°i Avenue South € ' tF PO Box 9718 Federal Way FEB 2 Federal Way WA 98063-9718 2006 253-835-2607;Fax 253-835-2609 www.cityoffederalway.com CITY OF FEDERAL WAY BUILDING DEPT. ( ) 0(7 I0OO5 —0 Date 2 z APPLICATION NOS Project Name G'R�,I C=/l.J SNORT F'L/}-T Property Address/Location ?O I S ki 3 S(o 1-4 S-E- Parcel Number(s) tie/ 05(0 0 - C7 I 'i C) Project Description %w 0 Lo-t- SL,or+ P1n4 1 Qc,,re ,- Parc_.el 221292 5Q ,FT, Zo,e RS 9. PLEASE PRINT Type of Permit Required Applicant Annexation Binding Site Plan Name: L e,it 1,NA-0.•-, Qior 1 e.3-, Boundary Line Adjustment Address: !'-i 33 S t 34 4411 PI Comp Plan/Rezone Land Surface Modification City/State: A zr-,..� Mitt` , , IAA 9 0 -3 Lot Line Elimination Zip: Z 5 3- 7 3 - I( e I Preapplication Conference Phone: O b r i e.vi t e; h ton c3 CO` ,(-Ow) Process I(Director=s Approval) Fax. Email: Process II(Site Plan Review) / Process III(Project Approval) Signature: 1 ` -/ . Process IV(Hearing Examiner's Decision) -% �� �_. Process V(Quasi-Judicial Rezone) Agent(ifdiffect thzffiApplicant) Process VI SEPA w/Project Name: Spin n li t,+-( A. .6 SEPA Only Address: c;Lt c it) Ce_.-, +--,-,, l. 1 IC`f Shoreline: Variance/Conditional Use City/State: LC e.-,-I-, (,1r4- 9 6.0 A. Short Subdivision Zip: 25-3_V..)-2.- y cs r6 C, Subdivision Phone: Variance: Commercial/Residential Fax: Z.-5-3 -- }15'Z- Y�i 5$ Email: 3v1.,,., eLe-,...•.,c..- ,-1w,Go•, Signature: I Required Information Owner R S 9. to Zoning Designation SF N Comprehensive Plan Designation Name: Sc.,v e AS Address: Ape(1 e-Av-r 4/4 Value of Existing Improvements City/State: /,_ Zip: Value of Proposed Improvements Phone: International Building Code(IBC): Fax: A'I" Occupancy Type Email: Signature: N4v Construction Type Bulletin#003—August 18,2004 Page 1 of 1 k:\Handouts\Master Land Use Application CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: May 12, 2006 TO: Sean Wells a* /Zs FROM: Jim Harris FOR DRC MTG. ON: DATE - Internal DATE, TIME - with applicant FILE NUMBER(s) : 06-100805-00-SU RELATED FILE NOS. : None PROJECT NAME: O'BRIEN SHORT PLAT PROJECT ADDRESS: 801 SW 356TH ST ZONING DISTRICT: RS 9.6 PROJECT DESCRIPTION: Two lot short plat LAND USE PERMITS: Short Plat PROJECT CONTACT: LEIGHTON O'BRIEN 1433 344TH PL 2537321601 (Primary) MATERIALS SUBMITTED: Reviseed short plat map Revised drainage plan Revised lot calcs Revised TIR Sean: all materials listed above are attached for your review and comment/approval . Let me know if you have any questions, comments, short plat conditions, etc. JIMH LOPMEAIT SERVICES RESUBMITTED 333258COMMUNITYVEDNUESOUTH•POBOX 9718 CITY OF FEDERAL WAY,WA 98063-9718 Federal Way MAY 1<1 2006 253www. ityo FAX 253-835-2609way.co www.cityoffedera1way.com w.cat yoijedemhua y.co m CITY OF FEDERAL WAY BUILDING DEPT. RESUBMITTAL INFORMATION This completed form MUST accompany all resubmittals. **Please note: Additional or revised plans or documents for an active project will not be accepted unless accompanied by this completed form. Mailed resubmittals that do not include this form or that do not contain the correct number of copies will be retumedordiscarded. You are encouraged to submit all items in person and to contact the Customer Service Counter prior to submitting if you are not sure about the number of copies required. ** Project Tracking Number: O (o - 1 0 0 g D S - O 0 Project Name: O1Srleh Sher-1- l9k # Project Address: $O1 Stti 15-6+11 St. Project Contact: 1.,., C4t") Phone: Z673- c/ $ , Resubmitted Items: #of Copies** Detailed Description of Item 41 S74s /C / / Corres osec/ Cohceerfruct / 411-41 -7 t. P/01 .kfs 'guys-cal scaG �c f -51c.s 4'ori— **Y Scs /emu/.St Tc,G•��cs� �ii.��,rss ioh Submit the same number of copies as required for your initial application.** Resubmittal requested by: Ju(;)taff Me'RSrmbrer)ts Letter Dated: ZO / or / DAL • 4 Bulletin#129—August 24,2004 Page 1 of 1 , k:\Handouts—Revised\Resubmittal Information ' erpt\i_ Crai . Northwest,Inc. RESUBMITTED . Surveyors *Planners *Engineers MAY 1 1 2006 CITY OF FEDERAL WAY BUILDING DEPT. LEVEL 1 DRAINAGE ANALYSIS OF O'BRIEN SHORT PLAT 801 SW 356TH ST FEDERAL WAY, WASHINGTON FOR License/Seal S K R UFO, ��� of WASy Fs LEIGHTON O'BRIEN d - 1433 SW 344T" PL ' FDERAL WAY, WASHINGTON '/Fs�F�'3s t .¢c°\,4 /� S"ONAL ��G ' ,t- Gb EXPIRES 11/26/2007 December 21, 2005 C.N.I.JOB NO. 2005-154 Prepared by Lonnie Cutts, Engineering Technician Checked by Larry S. Krueger, P.E. 945 N.Central, Suite#104 Kent WA 98032 (253)852-4880 Fax(253)852-4955 www.cramernw.com E-mail: cni@cramernw.com TABLE OF CONTENTS I. TASK1 STUDY AREA DEFINITION AND MAPS II. TASK 2 RESOURCE REVIEW III. TASK 3 FIELD INSPECTION IV. TASK 4 DRAINAGE SYSTEM DESCRIPTION AND PROBLEM DESCRIPTIONS V. TASK 5 MITIGATION OF EXISTING OR POTENTIAL PROBLEMS APPENDIX THRESHOLD ASSESSMENT TASK1 STUDY AREA DEFINITION AND MAPS TASK 1 STUDY AREA DEFINITION This project is located at 801 SW 356th Street in Federal Way, Washington, west of the intersection of S. W. 356th St. and 8th Avenue S.W. It is Lot 2, Block 3 of L'origan Manor, according to the plat thereof recorded in volume 45 of plats, page 33, in King County Washington. The property is approximately 0.51 acres. We are proposing the property be divided into two residential lots. These lots will gain access from a joint use driveway off of 8th Ave SW. The property has an existing single family home, a garage and a yard with large trees. A portion of the home and the garage will be removed. There is a gravel drive and an asphalt drive, which will be removed. The existing site drainage sheet flows from the northwest to the southeast. No significant amounts of upstream flow enter the site. MAPS A vicinity map, sensitive areas map, aerial/topo map, and offsite drainage map can be found in the proceeding pages. Vicinity , , Switchboard'' FederalWayr k{a ' . SW rt ci! MapPoint" Dr c aNt . 'C c a g S 348th St { w CD 4 a tv. ._ a * .e r�801 SW 356th St .29th St NE N SW 356th St F a'CP 1;99 •SW 368th St "' iP ?5 ,.,) 12th St NE L 'a' 02005 MicrosoRCotp @20041NAU1EQ.and/orGDT.lnc. ,e' ilton muap unmpuz vage 1 otz . . �N��) ���� ' ` -�r ' — \��� ^~`��_^ ~~�=�"~x ^_�~~^ ~=~~" � ` ��,=�"°"~°� ��^�=°�==�� , ^�n*p ^uo WAP - Sensitive Areas --' --- ,��!,mgoo�2,,�: _ 9662310050 44956999/5 Legend Selected Parcels ..' ��°=+* �"�p ' County mva�m�� r— ��sa��,��� * � x Mountain Peaks ,«� Streams ateou Fmouwav '`v,?A^ 1nu Year Fmomnlam A-w-", B�� no�enu�ewquxo, _�� ~~ �� eAo'Welland pamwu sxoLanuslme 'w' Fish and Ditch F nAooeis �no�� aAoatremm Aosmxmn u°`` aansu* �e� "wn=aovru� ~ c==2 Awe-''" ` Drainage complaints c eou-ra"v Landslide Hazard Drainage Area c°=3 �"": The information included on this map has been compiled by King County staff from a variety of sources and is subject to change without notice. King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. }ttp://vvww5.metrokc.gov/mcrvlet/cum.esri.esrimap.EsrimapYSurvioeName=ovarview&Cl..' ]2/2]/2005 IV11\+1v.uIL I GIICLJGI vci imagciy rapt 1 UI z 7 Terra" - er USA { Search Terra Server It The SW 356th St, Federal Way, WA 98023 The National Map Federal Way, Washin ton, United States 6/13/2002 G,fir=`r 4P.Y 801 sw 356th st pity, '` size federal way OUT 5.are NO�Tti lam. wa �o� ,`° ' "<' Longitude Latitude 122.34545 47.28168 r IN w z * x ,. 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King County makes no representations or warranties, express or implied, as to accuracy, completeness, timeliness, or rights to the use of such information. King County shall not be liable for any general, special, indirect, incidental, or consequential damages including, but not limited to, lost revenues or lost profits resulting from the use or misuse of the information contained on this map. Any sale of this map or information on this map is prohibited except by written permission of King County. King County I GIS Center I News I Services I Comments I Search By visiting this and other King County web pages, you expressly agree to be bound by terms and conditions of the site. The details. http://www5.metrokc.gov/servlet/com.esri.esrimap.Esrimap?ServiceName=overview&C1... 12/21/2005 •n J.R�..v.._. J:JG nv .. 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S•W. 356TH 3s�•--\7.'� I� 3 0 `� I (4) �I 1 l 4\ 4; 3406i I"� u I. l I ���JJJJ h r 5'• 1 i `� 1 k 6* a I1 I /� 1� CIF I I '8 h N ^, I I�'` i I 1 � �y � 1 3 4 5 6- / ' . j,. 4s 2 _ 4 �I� 1: . , TASK 2 RESOURCE REVIEW TASK 2 RESOURCE REVIEW Adopted Basin Plans and Finalized Drainage Studies: The property is located inside the Hylebos Creek and Lower Puget Sound Basin Plan. Basin Reconnaissance Summary Reports: No known reports are known to exist. Critical Drainage Area Maps: The site is not known to be located in any critical drainage areas. (FEMA) Maps: The site is located outside the 100 year flood plain. Other Offsite Analysis Reports: None were available Sensitive Areas Folio: None of the site is located in or near any sensitive area (see sensitive areas map under Task 1). DNR Drainage Problems Maps: No problems were encountered. Road Drainage Problems: No road drainage problems were encountered. King County Soils Survey: Soils on this site consist of Alderwood Gravelly Sandy Loam, 0 to 6 percent slope (AgB). Wetlands Inventory Maps: There are no wetlands located on or near (within % mile) of the site. Migrating River Studies: Not applicable. Drainage Complaints: There were no relevant complaints in the area according to Andy Betteridge of Federal Way. TASK 3 FIELD INSPECTION TASK 3 FIELD INSPECTION A field inspection was conducted on Dec. 18, 2005 to inspect the onsite drainage system of the site. Offsite drainage systems were also inspected downstream approximately 1/4 mile(s) from the discharge point of the site. The inspection involved investigation of the ten specific items of a Level 1 Inspection per the King County Surface Water Design Manual, 1998. The inspection yielded the following findings: 1. There was an existing problem observed. A plugged culvert was found at the pipe outlet. (see offsite drainage table in task 4). 2. The existing drainage system capacity was adequate. 3. There were no existing or potential flooding problems. 4. There was an existing sedimentation problem, but no existing or potential, scouring or bank sloughing problems. 5. No significant destruction of aquatic habitat or organisms was noticeable. 6. Qualitative data such as land use, impervious surfaces, topography, and soil types was noted and can be found in Task 4 information. 7. Information was collected on pipes, ditches, and structures. This information is also included in the Task 4 information. 8. Tributary basins delineated in Task 1 were verified. 9. No neighbors were contacted. 10. The weather conditions at the time of the inspection were cold and sunny. TASK 4 DRAINAGE SYSTEM DESCRIPTION AND PROBLEM DESCRIPTIONS TASK 4 DRAINAGE SYSTEM DESCRIPTION AND PROBLEM DESCRIPTIONS Site Drainage This project is located at 801 S.W. 356th Street in Federal Way, Washington, west of the intersection of S.W. 356th St and 8th Avenue S.W. It is Lot 2, Block 3 of L'origan Manor, according to the plat thereof recorded in volume 45 of plats, page 33, in King County Washington. The property is approximately 0.51 acres. We are proposing the property be divided into two residential lots. These lots will gain access from a joint use drive way off of 8th Ave SW. The property has an existing single family home, a garage and a yard with large trees. A portion of the home and the garage will be removed. There is a gravel drive and an asphalt drive which will be removed. The existing site drainage sheet flows from the northwest to the southeast. No significant amounts of upstream flow enter the site. Soils this site consist of Alderwood Gravelly Sandy Loam, 0 to 6 percent on slope (AgB). Offsite Drainage An Off-Site Analysis Drainage System Table is provided on the next page that describes in detail the offsite drainage components at least % mile downstream from the project discharge location. Please refer to the offsite drainage map in Task 1 because the map symbols listed in the table correspond to drainage component symbols on the offsite drainage maps. Ci7 d n tz to j, w Cl) A a •. o_ cJ 0c 0 t 4 rn r Cr b 'Ls 0 ° C4 CA CD n CD Q.. co d O'''' ' ft CA 0 O m W sk W 7 Co Irm CD CD M m A �" CD .-, '11 8 ►y O 01 O CD 'L ° v' O , . .cs vo b O ,c a� p C� Co g n ° Q. C ° s 5. 0 312 Q to 3 •v C F5 o fa. cD ° )7 co a 3 so y 0 0 co g p 3 0 =•p - n w 0 5 E. a3 00 3 O rt g o t'J ,Ti to v� p 'r O co w`�R. 0 3 1�7 o5 0 k o N.c 0 y H 4 5' 0 <' CsJ (=i E. D d Cl) trl o ,. o a -a 2 a in •• z 4 o w v • C., 3 a© � a 03- u, O, C O ' Nom fA 0 r c...) O). pa V n z z z z z z ° cA 00 ��pp o 4 ' CD CD o CD 0 0 p N G( O K yi �'� 3 Q5Q a ni A C[SJ7 4 y C 0 'I� 5c -5C i a C" z z z z z z °�' 0 CD CD CD CD CD �E7 . a 0 y oma� 0 3 N N 5 ID Q. 3 S1 G o» 3 C Ce 0 z z z Z z z E. o 0 O O O o ; Q O 0 0 0 o O �. to ((pEl Cr Cr cr cr F ( * * (� a. va m � ctv • 0 � a cr Cr cr Cr 0 Cr -0 c 0 1 0 '. CA 0 0 0 -Ow 0 m 0 Q. 0 3 G) 2 CD O b CD g CD clr CD e: ii C. a CA n g - � it o or d d e. 00 0 d • 8Th o • a. 5 (9 at) CI CI R 4 CD ° a: c o a, cDcn cn • J 0 •0 ---- --. ,._, Le.) N O vp oo W 0 O. cm O O A O co COD \ N c) O 0 (TQ (IQ iti CD O `i 00 O ' coo 0 et O UP O OO (D N C CD O O co oL. �, N 00- CT Cl)Co 0 n N o O 0- Cr CD !CD CD co a. CD CD 0- 0.. 6 TASK 5 MITIGATION OF EXISTING OR POTENTIAL PROBLEMS TASK 5 MITIGATION OF EXISTING OR POTENTIAL PROBLEMS After a thorough field inspection and a detailed resource review the only existing or potential problem was the sedimentation in the culvert where it outlets to a ditch system which flows to the detention facility. The mitigation for this problem is simply to clean the culvert. The proposed improvements will not produce a significant impact to the existing drainage patterns once the site has been stabilized and the runoff has been controlled via downspout dispersion trenches. A temporary erosion and sedimentation control plan will be created at the final design stage to minimize the transport of sediment laden runoff to the downstream conveyance system. APPENDIX THRESHOLD ASSESSMENT THRESHOLD ASSESSMENT The below figures represent the impervious surface calculations for this project. Developed impervious: 1 new home and driveway @ 4,000 4,000 sf New driveway 1,534 sf Driveway shoulders @ %2 credit 243 sf Total 5,777sf Per Section 1.1.2, this project qualifies for Small Project Drainage Review. Downspout dispersion trenches will be provided for this project. The driveway shoulders will act as driveway dispersion. RESUBMITTED May 1 1 2006 ay 10, 2006 City of Federal Way CITY OF FEDERAL WAY 33325 8th Avenue South BUILDING DEPT. Federal Way, WA 98063-7000 Re: File No. 06-100805-00-SU; Planning Technical Review O'Brien Short Plat; 801 SW 356th Street Dear Mr. Harris: The following is in response to your April 20, 2006 letter. This correspondence is to show how our survey and drafting, engineering, and planning staff has addressed your comments. Planning Division 1. A site inspection will verify that a portion of the existing structure has been demolished by way of permit and the remaining house is conforming to setback standards. 2. Please see civil drawings which show the on-site parking stalls for lot 2. A 20'wide concrete pad is to remain where a portion of the house has been removed for the purpose of on site parking area. 3. Please see civil drawings for impervious area for lot 2. 4. Please see revised short plat drawings for City file number. 5. Please see revised short plat drawings which provide new addresses. Public Works 1. The surveyor's stamp has been affixed to the lot closure calculations. 2. The title block has been revised and updated. 3. The proposed building set back lines have been provided. Please see revised short plat drawings. 4. Please see the revised short plat drawings. 5. All existing and proposed easements have been shown. Please see revised short plat drawings. 4 6. The typographical error has been corrected. 7. Please see the revised short plat drawings which show lettered lots. Level 1 Drainage Analysis 1. The wording has been revised in Task 1 and Task 4 to reflect the driveway location from 8th Ave SE. 2. The threshold assessment has been revised to reflect the correct driveway area. At this time I feel that all of your comments have been addressed. I hope this will assist you with the review of this application in determining this application feasible for preliminary approval. If you have any questions regarding this resubmittal please contact me at or(253)-835-4880 Sincerely, John Rutland Cramer Northwest Planner Ahh, CITY OF CITY HALL Federal Way 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way,WA 98063-9718 (253)835-7000 www.cityoffederaiway.corn April 20,2006 Mr.Leighton O'Brien 1433 SW 344th Place Federal Way,WA 98023 Re: File No.06-100805-00-SU; PLANNING TECHNICAL REVIEW O'Brien Short Plat; 801 SW 356th Street Dear Mr. O'Brien: The Department of Community Development Services has reviewed the materials submitted on February 21,2006, for the O'Brien short plat at 801 SW 356th Street.This correspondence provides technical review comments on the submitted materials and the status of the pending short plat application. At this time,each of the items listed below and items on the enclosed April 17,2006,memo from Sean Wells,Federal Way Public Works Department,must be addressed on the short plat map and/or accompanying document. Following receipt of the revised plans and information addressing the City's review comments herein,the City will issue the preliminary short plat approval pursuant to Federal Way City Code(FWCC)Section 20-93. Planning Division,Jim Harris,253-835-2641 The following technical comments are based on review of preliminary plat map revised February 2, 2006,and additional materials submitted to the City on February 21, 2006 1. The final short plat map must show the existing structures which comply with applicable zoning code setback requirements.Demolition of portion(s)of the existing structure must be completed prior to City approval and recording of the final short plat,in order to meet the setback requirements. 2. Provide an existing site plan for proposed lot 2,which shows where there are a minimum of two existing on-site parking stalls for this lot as required by FWCC Section 22-631. This drawing should be a separate site plan for lot 2,as the parking stalls should not be shown on the short plat map. 3. Identify the impervious area for lot 2 on the site plan. 4. Add the City file number 06-100805-00-SU to the short plat map. File#06-100805-00-SU Doc.I .35973 Mr.Leighton O'Brien Page 2 April 20,2006 5. Add addresses for each of the lots on the short plat map. The address for proposed lot 1 is 35605 8th Avenue SW, and 801 SW 356th Street will be used for the existing house on lot 2. 6. Respond to each comment on the enclosed April 17, 2006,review memo from Sean Wells. 7. March 13,2006, comments from the Lakehaven Utility District(LUD) are enclosed for your information. Following appropriate response to each of the comments above,the City will issue a written decision granting preliminary short plat approval.Following issuance of the City's written determination on the preliminary short plat approval,the required improvements listed in item A (below)will need to be completed and/or bonded,before recording the short plat. A. Removal of the existing driveway on 8th Avenue SW,relocation of the existing power pole,and construction of a new shared driveway and associated street frontage improvements in accordance with applicable FWCC standards. For your information,the City has not received any comments in regard to the Notice of Application issued for the proposal on March,29, 2006. When submitting the requested items,please submit four copies of revisions and four copies of any reports,in addition to the enclosed Resubmittal Information Form. If you have any questions regarding this letter or your development project,you maycontact me at jim.harris(a/cityoffederalway.com,or 253-835-2641. Sinerely, Jim Harris Senior Planner enc: Public Works April 17,2006,Comments From Sean Wells Lakehaven March 13,2006,E-Mail Resubmittal Information Form c: Sean Wells,Senior Engineering Plans Reviewer Sarady Long,Assistant Traffic Engineer File#06-100805-00-SU Doc.I .35973 >>> "Brian Asbury" <BAsbury©Iakehaven.org> 03/13/06 2:12 PM >>> Jim, Lakehaven's comments below. Let me know if you have any questions or need additional information. • Lakehaven's previous comments, dated 9/8/05, still apply. • Lakehaven would consider this application "complete"even though no formal applications have yet been submitted to Lakehaven, because only standard service applications will be required for any new water and/or sewer service connections. • The owner is encouraged to contact Lakehaven at anytime regarding specific water or sewer service matters, to avoid delays in overall project development. Brian Asbury Engineering Technician III Lakehaven Utility District http://www.lakehaven.orq FAX 253-529-4081 NOTE: Lakehaven Utility District neither warrants nor guarantees the accuracy of any facility information provided. Facility locations and conditions are subject to field verification. All fees and charges subject to change without notice. NI" CITY OF MEMORANDUM Federal Way Public Works Department DATE: April 17, 2006 TO: Jim Harris FROM: Sean Wells, P. 5 SUBJECT: O'BRIEN SHORT PLAT- (06-100805-00-SU) 801 SW 356TH ST - Public Works Technical Comments I have reviewed the project submittal package for the Preliminary Short Plat Review application date stamped received February 21, 2006, and found items of a technical nature that need to be addressed by the applicant prior to receiving preliminary short plat approval: Closure Calculations: 1. Per RCW 18.43 and WAC 196-23-020, the land surveyor shall affix his seal and signature to the closure calculations. Short Plat Map 1. The short plat title block is not the current drawing. Please download the current drawing from the City's website at http://www.cityoffederalway.com/Page.aspx?page=426. 2. Show the proposed building set back lines. 3. Remove the location of the trees on the property from the short plat map. 4. Show where new property corners will be set. 5. Show all the easements on the property on the short plat map. 6. Correct the typographical error in "centerline"in the Basis of Bearing statement. 7. Since the original lot was numbered (Lot 2), the new lots should be lettered (Lots A and B) to avoid confusion. Level 1 Drainage Analysis 1. Task 1 states that the lots will gain access from a joint use driveway off of SW 356th St. Please correct this statement, as the lots will gain access from 8th Ave. SW instead. 2. In the threshold assessment, carefully review the driveway calculations. The City's review shows a total driveway area (pavement plus 1/2 of gravel shoulders) of 1,777sf, with a total of 5,777sf. Note that this does not change the type of review from Small site. >>> "Brian Asbury" <BAsbury@lakehaven.org> 03/13/06 2:12 PM >>> Jim, Lakehaven's comments below. Let me know if you have any questions or need additional information. • Lakehaven's previous comments, dated 9/8/05, still apply. • Lakehaven would consider this application "complete"even though no formal applications have yet been submitted to Lakehaven, because only standard service applications will be required for any new water and/or sewer service connections. • The owner is encouraged to contact Lakehaven at anytime regarding specific water or sewer service matters, to avoid delays in overall project development. Brian Asbury Engineering Technician III Lakehaven Utility District htto://www.lakehaven.orq FAX 253-529-4081 NOTE: Lakehaven Utility District neither warrants nor guarantees the accuracy of any facility information provided. Facility locations and conditions are subject to field verification. All fees and charges subject to change without notice. From: Sarady Long To: Jim Harris; Sean Wells Date: 4/17/2006 2:31 PM Subject: Re: o-brien short plat Jim, Sean will be providing comments regarding driveway improvements. >>>Jim Harris 4/13/2006 10:56 AM >>> Sean and Sarady: What is your status on review of the o-brien short plat, 06- 100805-SU? I see Sean said complete to review in amanda does this mean you will be providing review comments? The application was deemed complete on 3-21-06 Let me know if you will be providing review comments, or conditions of preliminary short plat approval, so I can relay this info to O'brien. And let me know what your anticipated timeframe is for providing me comments, soon I hope. Jim Harris Senior Planner City of Federal Way jim.harris@cityoffederalway.com 253 835-2641 FEDERAL WAY •M IP) 0 Iv ) \) - Your Community Newspaper - Affidavit of Publication e Kaufman, being first duly , a semi-weeklyorn on oath, oses and says that she newspaper. That saidls the newspaper is Publisher of The Federal Way Way, a ,Kin in the English language itonand is now and during all of as a said time has been printed Way, King County,Washington, in an office maintained at the aforementioned place of publication of said newspaper. That the annexed is a true copy of a legal advertisement placed by City of Federal Way L-1029 leinental form) of said aper s it a published in regular period of issues one(ancconsecutivt in epweek(s), commencing one the 29th once each week for a p day of March. 2006 , and ending g on the regularly9th distday buted toaits readers,d both all of dates inclusive, and that such newspaper said period. That the full amount of the fee charged for in full,the or billed at the legal rate according to RCW lication is the sum of 7� 9.68 which amount has beenpaid 65.16.090 Subscribed to and sworn before me this 4th day of April, 2006. Notary Public in and for the State of Washington, Residing at Federal Way ```\�N N I I I I 111l l l�/4/ f C/ 4 NOTARy u: ?(54\dd' PU BLSC, col ,op wAso 1 e cn -04TH STREET,SUITE 8210, FEDERAL WAY,WA 98003 ■ 253-925-5565 ■ FAX:253-925-5750 21,439 square-foot let into two separate lots. Both of the proposed lots will include a mini- mum of 9,6b0 square feet of lot area. The proposal includes demolishing an existing detached garage and demolishing a portion of an existing house. Owner/Agent: Leighton O'Brien, 1433 SW 344t Place,Federal Way,WA 98023 ttlon:801 SW 356th Street,Federal Way Zile,Application.Received: February 21, Dale Determined Complete:March 21,2006 Permits. Required by -1s App080 -00-S ) 1.ShOrt Plat(File#b6100805-00-SU Related Permits:None Relevant Environmental Documents are Available at the Address Below:X YES NO Development Regulations to be Used for propict Mitigation,Known at This Time: Federal Way City Code(FWCC) Chapter 19, "Panning and Development"; Chapter 20, "Subdivision";and Chapter 22'Zoning S'stency with Applicable City Plans and lations:The project will be reviewed for stency with all applicable codes and regulations including the FWCC, King County Surface Water Design Manual and City Amendments,and the City Road Standards. The official project file is available for public review at the Department of Community De- velopment Services (address below). Any person may submit written comments on the land use application to the Director of Com- munity Development Services by April 13, 2006.Only persons who submit written doc- uments to the Director,or specifically request a copy of the original decision, may appeal the Director's decision. ,6ontact: Jim Harris, Senior Planner, 253- 1 ederal Way L~ ,. 8th Avenue South 9718 N Project: Proposal to ere .• . � WR1s063 1 elptbloallan:03 29/08 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South PO Box 9718 CITY OF Federal Way WA 98063-9718 Fed e ra l Way 253-835-7000; Fax 253-835-2609 www.cityoffederalway.com • DECLARATION OF. DISTRIBUTION 1, ( /,r-a., hereby declare, under penalty of perjury of the laws of the State of Washington, that a: pi(Notice of Land Use Application/Action ❑ Land Use Decision Letter ❑ Notice of Determination of Significance ❑ Notice of Public Hearing before the (DS) and Scoping Notice Hearing Examiner ❑ Notice of Environmental Determination ❑ Notice of Planning Commission Public of Nonsignificance (SEPA, DNS) Hearing ❑ Notice of Mitigated Environmental ❑ Notice of LUTC/CC Public Hearing Determination of Nonsignificance (SEPA, MDNS) ❑ Notice of Application for Shoreline Management Permit ❑ Notice of Land Use Application & Anticipated DNS/MDNS ❑ Shoreline Management Permit ❑ FWCC Interpretation ❑ Adoption of Existing Environmental Document • ❑ Other was 0 mailed ,faxed 0 e-mailed and/or 0 posted to or at each of the attached addresses on f lkj , 2006. Project Name o'r'3�.�-, jj File Number(s) - ,. C- Signature � �.'- � Date -V..?> Od K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1/26/2006 2:22 PM CITY OF Federal Way NOTICE OF LAND USE APPLICATION Name: O'Brien Short Plat Project: Proposal to subdivide an existing 21,439 square-foot lot into two separate lots. Both of the proposed lots will include a minimum of 9,600 square feet of lot area. The proposal includes demolishing an existing detached garage and demolishing a portion of an existing house. Owner/Agent: Leighton O'Brien, 1433 SW 344th Place, Federal Way,WA 98023 Location: 801 SW 356th Street,Federal Way Date Application Received: February 21, 2006 Date Determined Complete: March 21, 2006 Permits Required by this Application: 1. Short Plat(File#06-100805-00-SU) Related Permits: None Relevant Environmental Documents are Available at the Address Below: X YES _NO Development Regulations to be Used for Project Mitigation, Known at This Time: Federal Way City Code(FWCC)Chapter 19, "Planning and Development"; Chapter 20, "Subdivision"; and Chapter 22 "Zoning" Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the FWCC,King County Surface Water Design Manual and City Amendments, and the City Road Standards. The official project file is available for public review at the Department of Community Development Services(address below). Any person may submit written comments on the land use application to the Director of Community Development Services by April 13,2006. Only persons who submit written documents to the Director,or specifically request a copy of the original decision,may appeal the Director's decision. Contact: Jim Harris, Senior Planner,253-835-2641 City of Federal Way 33325 8`h Avenue South PO Box 9718 Federal Way,WA 98063 Published in the Federal Way Mirror on March 29,2006 Doc.I .35606 4 Page l of l Tina Piety - Legal Notice From: Tina Piety To: admin@fedwaymirror.com; dgrigg@soundpublishing.com Date: 3/27/2006 10:01 AM Subject: Legal Notice Hello, Please publish the attached legal notice (O'Brien Short Plat NOA, 06-100805-00-SU) in Wednesday's (3/29/06) issue. Please furnish an affidavit of publication. Thank you, Tina file://C:\Documents%20and%20Settings\Default\Local%20Settings\Temp\GW}00001.HTM 3/28/2006 DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8th Avenue South ,,. PO Box 9718 CITY OF Federal Way WA 98063-9718 Feder l A/ay253-835-7000; Fax 253-835-2609 www.cityoffederalway.com DECLARATION OF DISTRIBUTION 1, A re vuu el` hereby declare, under penalty of perjury of the laws of the State of Washington, that a: Notice of Land Use Application/Action 0 Land Use Decision Letter ❑ Notice of Determination of Significance 0 Notice of Public Hearing before the (DS) and Scoping Notice Hearing Examiner ❑ Notice of Environmental Determination 0 Notice of Planning Commission Public of Nonsignificance (SEPA, DNS) Hearing ❑ Notice of Mitigated Environmental ❑ Notice of LUTC/CC Public Hearing Determination of Nonsignificance (SEPA, MDNS) 0 Notice of Application for Shoreline Management Permit ❑ Notice of Land Use Application & Anticipated DNS/MDNS 0 Shoreline Management Permit ❑ FWCC Interpretation ❑ Adoption of Existing Environmental Document ❑ Other was A 0 mailed 0 faxed 0 e-mailed and/or posted to or at each of the attached addresses on fact,Aa7 , 2006. (✓'PV .SC....) Project Name 0 OKevl c 4' - P/J File Number(s) 06 /001O5 .w -- 54( 2 fini. --- --. Date c 2-7 d,6 Signature K:\CD Administration Files\Declaration of Distribution.doc/Last printed 1/23/2006 9:59 AM Posting Sites: Federal Way City Hall—33325 8th Avenue Federal Way Regional Library—34200 1s`Way South Federal Way 320th Branch Library—848 South 320th Street (-goy S 3 5 57 't 3 .�aar41s5 CITY OF Federal Way NOTICE OF LAND USE APPLICATION Name: O'Brien Short Plat Project: Proposal to subdivide an existing 21,439 square-foot lot into two separate lots. Both of the proposed lots will include a minimum of 9,600 square feet of lot area. The proposal includes demolishing an existing detached garage and demolishing a portion of an existing house. Owner/Agent: Leighton O'Brien, 1433 SW 344th Place,Federal Way,WA 98023 Location: 801 SW 356th Street,Federal Way Date Application Received: February 21, 2006 Date Determined Complete: March 21, 2006 Permits Required by this Application: 1. Short Plat(File#06-100805-00-SU) Related Permits: None Relevant Environmental Documents are Available at the Address Below: X YES NO Development Regulations to be Used for Project Mitigation, Known at This Time: Federal Way City Code(FWCC) Chapter 19, "Planning and Development"; Chapter 20, "Subdivision"; and Chapter 22"Zoning" Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the FWCC,King County Surface Water Design Manual and City Amendments, and the City Road Standards. The official project file is available for public review at the Department of Community Development Services(address below).Any person may submit written comments on the land use application to the Director of Community Development Services by April 13,2006. Only persons who submit written documents to the Director,or specifically request a copy of the original decision,may appeal the Director's decision. Contact: Jim Harris, Senior Planner,253-835-2641 City of Federal Way 33325 8th Avenue South PO Box 9718 Federal Way,WA 98063 Published in the Federal Way Mirror on March 29,2006 Doc.I .35606 . ., Proposed Short Hat 801 SW 356th Street * 111/54 4 11 11 z, ,...______..„..... v- SW 356th ST u) a) a) > a Q co 1/ City of Federal Way Map Printed 3/27/2006 Hroposed Short Hat 801 SW 356th Street SW 356th ST a) > > C) K City of Federal Way Map Printed 3/27/2006 CITY 8F ��•. .. Federal Way NOTICE OF LAND USE APPLICATION Name: O'Brien Short Plat Project: Proposal to subdivide an existing 21,439 square-foot lot into two separate lots.Both of the proposed lots will include a minimum of 9,600 square feet of lot area. The proposal includes demolishing an existing detached garage and demolishing a portion of an existing house. Owner/Agent.• Leighton O'Brien, 1433 SW 344th Place, Federal Way,WA 98023 Location: 801 SW 356th Street, Federal Way Date Application Received: February 21, 2006 Date Determined Complete: March 21, 2006 Permits Required by this Application: 1. Short Plat(File#06-100805-00-SU) Related Permits: None Relevant Environmental Documents are Available at the Address Below: X YES NO Development Regulations to be Used for Project Mitigation, Known at This Time: Federal Way City Code(FWCC)Chapter 19, "Planning and Development"; Chapter 20, "Subdivision"; and Chapter 22 "Zoning" Consistency with Applicable City Plans and Regulations: The project will be reviewed for consistency with all applicable codes and regulations including the FWCC,King County Surface Water Design Manual and City Amendments, and the City Road Standards. The official project file is available for public review at the Department of Community Development Services(address below).Any person may submit written comments on the land use application to the Director of Community Development Services by April 13,2006. Only persons who submit written documents to the Director,or specifically request a copy of the original decision,may appeal the Director's decision. Contact: Jim Harris, Senior Planner,253-835-2641 City of Federal Way 33325 8th Avenue South PO Box 9718 Federal Way,WA 98063 Published in the Federal Way Mirror on March 29,2006 Doc.I .35606 From: "Brian Asbury" <BAsbury@lakehaven.org> To: "Jim Harris" <Jim.Harris@cityoffederalway.com> Date: 3/13/2006 2:13 PM Subject: O'Brien Short Plat(06-100805-00-SU, FKA Nguyen Short Plat) Jim, Lakehaven's comments below. Let me know if you have any questions or need additional information. Lakehaven's previous comments, dated 9/8/05, still apply. Lakehaven would consider this application "complete"even though no formal applications have yet been submitted to Lakehaven, because only standard service applications will be required for any new water and/or sewer service connections. The owner is encouraged to contact Lakehaven at anytime regarding specific water or sewer service matters, to avoid delays in overall project development. Brian Asbury Engineering Technician Ill Lakehaven Utility District http://www.lakehaven.org FAX 253-529-4081 NOTE: Lakehaven Utility District neither warrants nor guarantees the accuracy of any facility information provided. Facility locations and conditions are subject to field verification. All fees and charges subject to change without notice. RECEIVED 2 1 Commitment No. 6356435-1 FEB 2006 CITY OF FEDERAL WAY LEGAL DESCRIPTION BUILDING DEPT, SCHEDULE A CONTINUED The land referred to in this Commitment is described as follows: Lot(s)2, Block 3, L'Origan Manor, according to the plat thereof recorded in Volume 45 of Plats, page(s) 33, in King County, Washington. , t Commitment No. 6356435-1 SCHEDULE B Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS: A. Rights or claims disclosed only by possession,or claimed possession, of the premises. B. Encroachments and questions of location, boundary and area disclosed only by inspection of the premises or by survey. C. Easements, prescriptive rights, rights-of-way, streets, roads, alleys or highways not disclosed by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity, natural gas or other utilities, or garbage collection and disposal. G. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. I. Water rights, claims or title to water. J. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. SPECIAL EXCEPTIONS: A AN EASEMENT AFFECTING A.PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: Pacific Northwest Bell Telephone Company FOR: Lines of telephone and telegraph or other communication circuits and appurtenances thereto DISCLOSED BY INSTRUMENT RECORDED: October 25, 1978 RECORDING NUMBER: 7810250741 AFFECTS: The northwest 2 feet ‘,/1 AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: King County, Washington FOR: Slopes and utilities DISCLOSED BY INSTRUMENT RECORDED: November 21, 1989 RECORDING NUMBER: 8911211221 AFFECTS: The northerly 20 feet of the easterly 3 feet of the property herein described 3. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: Philip M. Lelli and B.Joann Lelli Commitment Schedule B Commitment No. 6356435-1 SCHEDULE B (Continued) AND: King County, Washington RECORDED: November 21, 1989 RECORDING NUMBER: 8911211222 PURPOSE: To reconstruct driveways 4. Terms, Conditions, Restrictions, Notes, Dedications, Building Set Back Lines including any Easements delineated or Easement Provisions as contained on the face of the plat referred to in Schedule"A"herein. (A copy of which is attached hereto.) 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: DATED: April 11, 2002 RECORDED: August 12, 2002 RECORDING NUMBER: 20020812001392 PURPOSE: Latecomer Agreement 6. Easement for grading of street slopes, as necessary, over portion of premises adjoining any street or alley as dedicated in the plat. 7. DEED OF TRUST,AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Oanh Nguyen, a single woman TRUSTEE: Karen L. Gibbon, PS BENEFICIARY: Aames Funding Corporation dba Aames Home Loans ADDRESS: 350 South Grand Avenue,42nd Floor, Los Angeles, CA 90071 LOAN NO.: Not Disclosed AMOUNT: $35,680.00 DATED: February 9, 2004 RECORDED: February 18, 2004 RECORDING NO.: 20040218001139 8. DEED OF TRUST,AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Oanh Nguyen, a single woman TRUSTEE: Old Republic Title BENEFICIARY: Sebring Capital Partners, Limited Partnership ADDRESS: 4000 International Pkway, #3000, Carrollton, Texas 75007 LOAN NO.: 464722 AMOUNT: $205,200.00 DATED: February 1, 2005 RECORDED: February 8, 2005 RECORDING NO.: 2005020800697 9. QUESTION OF THE EXISTENCE OF AN "AUTOMATIC HOMESTEAD": If the subject property is, or will be, the residence of a marital community, even though the interest therein may be intended to be the separate property of either spouse, execution of the proposed encumbrance, conveyance or contract to convey must be by both husband and wife, pursuant to R.C.W. 6.13,which provides for an"automatic homestead", and R.C.W. 26.16.030. 10. Title is to vest in Leighton O'Brien , and will then be subject to: A). Matters which may be disclosed by a search of the records against the name of the spouse of Leighton Commitment Schedule B Commitment No. 6356435-1 SCHEDULE B (Continued) O'Brien, if married. 11. Title is to vest in Lamanda Mounts, and will then be subject to: A). Matters which may be disclosed by a search of the records against the name of the spouse of Lamanda Mounts, if married. 12. General property taxes and special district charges, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1st; 2nd half delinquent on November 1st) Total Taxes for Year 2005 Amount Billed: $2,382.78 Amount Paid: $1,191.39 Amount Due: $1,191.39 Tax Account Number: 440560-0190-00 Levy Code: 1205 Current Assessed Value: Land: $55,000.00 Improvements: $134,000.00 13. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of the City of Federal Way. Present Rate of Real Estate Excise Tax as of the date herein is 1.78% plus$5.00 additional county surcharge. 14. In the event matters are discovered during the closing process which would otherwise be insured by the Covered Risks included in the policy,the Company may limit or delete insurance provided by the affected Covered Risk. In such event, a supplemental will be issued prior to closing. General exceptions A through J will not appear in the ALTA Homeowner's Policy. END OF SPECIAL EXCEPTIONS NOTES: A. The language contained in the printed Exceptions from coverage and Conditions and Stipulations of the Policy committed for may be examined by inquiry at the office which issued the Commitment, and a specimen copy of the insurance Policy Form(s) referred to in this Commitment will be furnished promptly upon request. B. Investigation should be made to determine if there are any service, installation, maintenance, or connection charges for sewer,water, electricity or Metro Sewer Treatment Capacity Charge. C. In the event the transaction fails to close and this commitment is cancelled, a fee will be charged to comply with the State Insurance Code and the filed schedule of this Company. D. Abbreviated Legal for purposes of King County Recorders Office is: Lot 2, Block 3, L'Origan Manor,Vol 45/33. E. The records of King County and/or our inspection indicate that the address of the improvement located on said land is: Commitment Schedule B Commitment No. 6356435-1 SCHEDULE B (Continued) 801 Southwest 356th Street Federal Way, WA 98023 A Single Family Residence According to the King County Tax Rolls the dwelling was built in 1954. F. All matters have been cleared for ALTA Extended Loan Policy coverage and/or Homeowners Endorsement coverage. G. All matters have been cleared for ALTA Homeowner's Policy of Title Insurance. H. In the event matters are discovered during the closing process which would otherwise be insured by the Covered Risks included in the policy, the Company may limit or delete insurance provided by the affected Covered Risk. In such event, a supplemental will be issued prior to closing. General exceptions A through J will not appear in the ALTA Homeowner's Policy. I. The Loan Policy to be issued will contain a Form 8.1 (Environmental Protection Lien)Endorsement. J. WIRING INSTRUCTIONS: FOR TICOR TITLE COMPANY ESCROW DEPARTMENT WIRE FUNDS TO: Ticor Title Company Escrow Account RECEIVING BANK: Bank of America, Main Branch 1001 Fourth Avenue Seattle, WA 98104 ACCOUNT NUMBER: 1233113388 ABA NUMBER: 121000358 ESCROW/ORDER NO.: 6356435 ESCROW OFFICER: Marilyn Brown WIRES MUST CONTAIN ALL OF THE ABOVE INFORMATION TO BE PROPERLY CREDITED TO YOUR ESCROW ACCOUNT NUMBER. IF YOU HAVE ANY QUESTIONS OR PROBLEMS PLEASE CALL THE ESCROW OFFICER LISTED ABOVE AT(253)631-3990 OR THE TITLE OFFICER REFERENCED ON PAGE ONE OF THIS COMMITTMENT. K. The Vesting Deed and Conveyance Documents of record for the past 24 months, if any are as follows: Recorded February 18, 2004 recorded under Recording Number 200402 1 8001 1 37; Recorded September 18,2003 recorded under Recording Number 20030918001798; Recorded July 22, 1999 recorded under Recording Number 19990722000532; We find no other recorded conveyance documents between the above recording date(s)and the effective date herein. cc: Ticor Title Company Commitment Schedule B • Commitment No. 6356435-1 SCHEDULE B (Continued) John L Scott Executive Real Estate, Inc. SMR/RLS 08/11/2005 END OF SCHEDULE B Commitment Schedule B Commitment No. 6356435-1 COMMITMENT FOR TITLE INSURANCE TICOR TITLE COMPANY, a California corporation, by TICOR TITLE COMPANY, a Washington corporation, its authorized agent, herein called the Company, for a valuable consideration, hereby commits to issue the policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed insured and the amount of the policy or policies committed have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate one hundred eighty(180)days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. TICOR TITLE COMPANY By: Autho Signatory lu t. p _ �1� • Dip •" -- 8F,Y 9074 ' . ,..T i6.6b a O9a0 IA g fl 67.Y!. Plan 1 (CO. RI i e o 4a VOL. s '9: N �IN .I — _ `-� 00.79 —_—...-_ 4l° 1 N� }f.1,B y 2 f3le� ' 8.1.1 8 w ��_ - 30 7143 SF 7330 so 6° - ----ti \ l y .77 Icacm 1R m --1. 1 7 O`' 0233 0d.eheo 8W U Th 8I7 2 • i 1 c>" �R° 6, \ 7 1 ", pµ�{p E.i yy��pop' ig _� 11�2S !, e30 1344 - 1 ►O°O- '°0'1 ��'f .., W, I ,*!\\ sty. 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OOD 1 0!0 fe7eb ,�d f MCP 110,22 1 ! 3eS 1 ° 1�1I��'' 1 0040 042 4 es iSi I �7 w _ �• rK 1 82149 eF 30 _pil� ODD 7 y 2 .} ogr 1 ° 4 Rtp717oe SF 39 ;G g Fryy��ffy� .4.4.44o '4t' 0:. premises without survey and • " 2e4 llcor The assumes no Rab y in -' 'a °�' Connection with the same. • 264 I g14 , TICOR TITLE COMPANY 13106 SE 240th Street Suite 110,Kent WA 98031 (253)631-3990 FAX (253)631-3991 RECEIVED FEB 2 1 2006 August 15, 2005 CITY OF FEDERAL WAY BUILDING DEPT. Leighton O'Brien Lamanda Mounts 1711 61st Street Northeast Tacoma, WA 98422 RE: ESCROW NO. 6356435 Oanh Nguyen to Leighton O'Brien and Lamanda Mounts 801 Southwest 356th Street, Federal Way, WA 98023 Dear Mr. and Mrs.O'Brien Enclosed is a copy of our Preliminary Commitment for Title Insurance. This Commitment is for your review and file on the above escrow opened in our office. Please pay particular attention to the "legal description" of the property AND to the matters set forth in Schedule B, which is a list of interest and encumbrances that affect the ownership of the property. If you have any questions, please do not hesitate to call. Sincerely, TICOR TITLE COMPANY Marilyn K. Brown, Escrow Officer Kathy Verzani, Escrow Assistant Enclosure • TICOR TITLE COMPANY 600 SW 39th Street,#100,Renton,WA 98055 (425)255-7575 FAX (425)255-0285 Toll Free Number: 1-800-215-8404 COMMITMENT FOR TITLE INSURANCE NO. 6356435-1 INQUIRIES SHOULD BE MADE TO: Customer Reference: UNIT 1 (425)255-7472 Nguyen/O'Brien& Mounts Donna Roetter Arlene Naputi Unitl.Renton@TicorTitle.com Effective Date: August 4,2005 at 08:00 AM SCHEDULE A 1. Policy or policies to be issued: 1998 ALTA Homeowner's Policy Coverage: Homeowner's Liability: $237,000.00 Premium: $ 742.00 Tax: $ 65.30 Proposed Insured: Leighton O'Brien and Lamanda Mounts If ALTA Standard Coverage Policy is preferred, please contact the title unit. The reduced premium for a Standard Coverage Policy is$651.00; Tax: $57.29. 1992 ALTA Loan Policy Coverage: Extended Liability: $ 0.00 Premium: $0.00 TO FOLLOW Tax: $ 0.00 Proposed Insured: TO FOLLOW 2. The estate or interest in the land described or referred to in this commitment and covered herein is a Fee Simple. 3. TICOR TITLE COMPANY agrees to issue on request and on recording of appropriate documents, its policy or policies as.applied for, with coverage as indicated, based on the preliminary commitment; title to the property described herein is vested, on the date shown above, in: Oanh Nguyen, as her separate estate subject only to the exceptions shown herein and to the terms, conditions, and exceptions contained in the policy form. 4. The land referred to in this Commitment is described as follows: SEE SCHEDULE A CONTINUED Commitment Schedule A Commitment No. 6356435-1 LEGAL DESCRIPTION • SCHEDULE A CONTINUED The land referred to in this Commitment is described as follows: Lot(s)2, Block 3, L'Origan Manor, according to the plat thereof recorded in Volume 45 of Plats, page(s) 33, in King County, Washington. Commitment No. 6356435-1 SCHEDULE B Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company: GENERAL EXCEPTIONS: A. Rights or claims disclosed only by possession, or claimed possession, of the premises. B. Encroachments and questions of location, boundary and area disclosed only by inspection of the premises or by survey. C. Easements, prescriptive rights, rights-of--way, streets, roads, alleys or highways not disclosed by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer,water, electricity, natural gas or other utilities, or garbage collection and disposal. G. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. I. Water rights, claims or title to water. J. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. SPECIAL EXCEPTIONS: 1. AN EASEMENT AFFECTING A.PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: Pacific Northwest Bell Telephone Company FOR: Lines of telephone and telegraph or other communication circuits and appurtenances thereto DISCLOSED BY INSTRUMENT RECORDED: October 25, 1978 RECORDING NUMBER: 7810250741 AFFECTS: The northwest 2 feet 2. AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: King County, Washington FOR: Slopes and utilities DISCLOSED BY INSTRUMENT RECORDED: November 21, 1989 RECORDING NUMBER: 8911211221 AFFECTS: The northerly 20 feet of the easterly 3 feet of the property herein r' described 3. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: Philip M. Lelli and B. Joann Lelli Commitment Schedule B Commitment No. 6356435-1 SCHEDULE B (Continued) AND: King County, Washington RECORDED: November 21, 1989 RECORDING NUMBER: 8911211222 PURPOSE: To reconstruct driveways 4. Terms, Conditions, Restrictions, Notes, Dedications, Building Set Back Lines including any Easements delineated or Easement Provisions as contained on the face of the plat referred to in Schedule"A"herein. (A copy of which is attached hereto.) 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: DATED: April 11, 2002 RECORDED: August 12, 2002 RECORDING NUMBER: 20020812001392 PURPOSE: Latecomer Agreement 6. Easement for grading of street slopes, as necessary, over portion of premises adjoining any street or alley as dedicated in the plat. 7. DEED OF TRUST,AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Oanh Nguyen, a single woman TRUSTEE: Karen L. Gibbon, PS BENEFICIARY: Aames Funding Corporation dba Aames Home Loans ADDRESS: 350 South Grand Avenue,42nd Floor, Los Angeles, CA 90071 LOAN NO.: Not Disclosed • AMOUNT: $35,680.00 DATED: February 9, 2004 RECORDED: February 18, 2004 RECORDING NO.: 20040218001139 8. DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Oanh Nguyen, a single woman TRUSTEE: Old Republic Title • BENEFICIARY: Sebring Capital Partners, Limited Partnership ADDRESS: 4000 International Pkway,#3000, Carrollton,Texas 75007 LOAN NO.: 464722 AMOUNT: $205,200.00 DATED: February 1, 2005 RECORDED: February 8, 2005 RECORDING NO.: 2005020800697 9. QUESTION OF THE EXISTENCE OF AN"AUTOMATIC HOMESTEAD": If the subject property is,or will be,the residence of a marital community, even though the interest therein may be intended to be the separate property of either spouse, execution of the proposed encumbrance, conveyance or contract to convey must be by both husband and wife, pursuant to R.C.W. 6.13,which provides for an"automatic homestead", and R.C.W. 26.16.030. 10. Title is to vest in Leighton O'Brien , and will then be subject to: A). Matters which may be disclosed by a search of the records against the name of the spouse of Leighton Commitment Schedule B Commitment No. 6356435-1 SCHEDULE B (Continued) O'Brien, if married. 11. Title is to vest in Lamanda Mounts, and will then be subject to: A). Matters which may be disclosed by a search of the records against the name of the spouse of Lamanda Mounts, if married. 12. General property taxes and special district charges, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1st;2nd half delinquent on November 1st) Total Taxes for Year 2005 Amount Billed: $2,382.78 Amount Paid: $1,191.39 Amount Due: $1,191.39 Tax Account Number: 440560-0190-00 Levy Code: 1205 Current Assessed Value: Land: $55,000.00 Improvements: $134,000.00 13. Payment of Real Estate Excise Tax, if required. The property described herein is situated within the boundaries of local taxing authority of the City of Federal Way. Present Rate of Real Estate Excise Tax as of the date herein is 1.78% plus$5.00 additional county surcharge. 14. In the event matters are discovered during the closing process which would otherwise be insured by the Covered Risks included in the policy,the Company may limit or delete insurance provided by the affected Covered Risk. In such event, a supplemental will be issued prior to dosing. General exceptions A through J will not appear in the ALTA Homeowner's Policy. END OF SPECIAL EXCEPTIONS NOTES: A. The language contained in the printed Exceptions from coverage and Conditions and Stipulations of the Policy committed for may be examined by inquiry at the office which issued the Commitment, and a specimen copy of the insurance Policy Form(s) referred to in this Commitment will be furnished promptly upon request. B. Investigation should be made to determine if there are any service, installation, maintenance, or connection charges for sewer,water, electricity or Metro Sewer Treatment Capacity Charge. C. In the event the transaction fails to close and this commitment is cancelled, a fee will be charged to comply with the State Insurance Code and the filed schedule of this Company. D. Abbreviated Legal for purposes of King County Recorders Office is: Lot 2, Block 3, L'Origan Manor,Vol 45/33. E. The records of King County and/or our inspection indicate that the address of the improvement located on said land is: Commitment Schedule B Commitment No. 6356435-1 SCHEDULE B (Continued) 801 Southwest 356th Street Federal Way, WA 98023 A Single Family Residence According to the King County Tax Rolls the dwelling was built in 1954. F. All matters have been cleared for ALTA Extended Loan Policy coverage and/or Homeowners Endorsement coverage. G. All matters have been cleared for ALTA Homeowner's Policy of Title Insurance. H. In the event matters are discovered during the closing process which would otherwise be insured by the Covered Risks included in the policy, the Company may limit or delete insurance provided by the affected Covered Risk. In such event, a supplemental will be issued prior to closing. General exceptions A through J will not appear in the ALTA Homeowner's Policy. I. The Loan Policy to be issued will contain a Form 8.1 (Environmental Protection Lien)Endorsement. J. WIRING INSTRUCTIONS: FOR TICOR TITLE COMPANY ESCROW DEPARTMENT WIRE FUNDS TO: Ticor Title Company Escrow Account RECEIVING BANK: Bank of America, Main Branch 1001 Fourth Avenue Seattle, WA 98104 ACCOUNT NUMBER: 1233113388 ABA NUMBER: 121000358 ESCROW/ORDER NO.: 6356435 ESCROW OFFICER: Marilyn Brown WIRES MUST CONTAIN ALL OF THE ABOVE INFORMATION TO BE PROPERLY CREDITED TO YOUR ESCROW ACCOUNT NUMBER. IF YOU HAVE ANY QUESTIONS OR PROBLEMS PLEASE CALL THE ESCROW OFFICER LISTED ABOVE AT(253)631-3990 OR THE TITLE OFFICER REFERENCED ON PAGE ONE OF THIS COMMITTMENT. K. The Vesting Deed and Conveyance Documents of record for the past 24 months, if any are as follows: Recorded February 18, 2004 recorded under Recording Number 20040218001137; Recorded September 18, 2003 recorded under Recording Number 20030918001798; Recorded July 22, 1999 recorded under Recording Number 19990722000532; We find no other recorded conveyance documents between the above recording date(s)and the effective date herein. cc: Ticor Title Company Commitment Schedule B Commitment No. 6356435-1 SCHEDULE B (Continued) John L Scott Executive Real Estate, Inc. SMR/RLS 08/11/2005 END OF SCHEDULE B Commitment Schedule B Commitment No. 6356435-1 COMMITMENT FOR TITLE INSURANCE TICOR TITLE COMPANY, a California corporation, by TICOR TITLE COMPANY, a Washington corporation, its authorized agent, herein called the Company, for a valuable consideration, hereby commits to issue the policy or policies of title insurance, as identified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules.A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed insured and the amount of the policy or policies committed have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate one hundred eighty(180)days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. TICOR TITLE COMPANY By: Autho d Signatory 3 >tiw 078 •Y A. . ` _. ,q 990 _--• >* ero��r 1a . — 67.'f _ —- . ' (CO. R zeo.7a VOL. f�W061hF>!T .. --- • _N 89-58-09 E 13161 - 7330 EF I .+1 ►.1P �E 47 ►�of ►off° ,1 is ►"� . ^' .._.. �,&\\ohs' _ s94u + eist I 0 / t * ° , v i 72!SF 1 r . \\ r 2128E.F 23007 SP 19126 3 25107 6 22600 8 21750 SF , ° C. �. h 4 0086 OW0 94O075 IMO MOO 0080 1a" .S 93 ! 94 94 _9t 94 19 0!�1 8, l '"Y'''akt, <} w Ot8 y.r. 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PWP*rJ-,4} / �• ' ' Premises without act ew and vey . : 2e4 `s ► 'floor Title assumes no Nabi�y in t;'° connection with the same. . 1, A . i 264 -N. �I4 ge TICOR TITLE COMPANY 600 SW 39th Street,Ste 100,Renton,WA 98055 (425)255-7575 FAX (425)255-0285 RESUBMITTED FEB 2 8 2006 Cramer Northwest CITY OF FEDERAL WAY 945 North Central Ave.,#104 BUILDING DEPT. Kent, WA 98032 Attn: John Rutland Commitment No.: 6366545-1 Customer Reference: O'Brien&Mounts/ Document Recording Fee as of August 1, 2005: $33.00-First Page Except Deed of Trust $34.00-First Page of Deed of Trust $ 1.00- Each Additional Page Except the following documents: $13.00 First Page, $1.00 Each Additional Page Assignment of Deed of Trust Substitution of Trustee Appointment of Successor Trustee Excise Fees effective July 1, 2005: $10.00 for any non-taxable transaction(replaces current$2.00 f ee) $5.00 in addition to Excise Tax due on all taxable transactions Reconveyance Fee effective August 1, 2005: $120.00-Base Fee $200.00-Private Lost Note MUST INCLUDE: Original Deed of Trust(or Indemnity Agreement) Original Promissory Note(or Indemnity Agreement) Request for Full or Partial Reconveyance with ALL Beneficiary Signatures Thank you for giving us the opportunity to provide you with our services. cc: IICOR TITLE COMPAN T 600 SW 39TH STREET, STE 100, RENTON, WA 98055 (425) 255-7575 ORIGINAL INVOICE: 02/22/06 INVOICE AS OF: 02/22/06 ORDER NUMBER: 6366545 ESCROW NUMBER: CUSTOMER NUMBER: 0009999 -000 ATTN: DEPARTMENT NUMBER: 00001 X POLICY(S)APPLIED FOR: YOUR REFERENCE: O'BRIEN-1 LEIGHTON O'BRIEN AND LAMANDA MOUNTS 801 SOUTHWEST 356TH STREET FEDERAL WAY, WA 98023 CODE DESCRIPTION AMOUNT PCC PLAT CERTIFICATE 330.00 TSX TITLE PREMIUM SALES TAX 29.04 BALANCE DUE: $359.04 PLEASE ENCLOSE A COPY OF THIS INVOICE WITH YOUR REMITTANCE INV0ICE3-6-22-95/RLK IIICOR TITLE COMPAN T 600 SW 39TH STREET, STE 100, RENTON, WA 98055 (425) 255-7575 ORIGINAL INVOICE: 02/22/06 INVOICE AS OF: 02/22/06 ORDER NUMBER: 6366545 ESCROW NUMBER: CUSTOMER NUMBER: 0009999 -000 ATTN: DEPARTMENT NUMBER: 00001 X POLICY(S)APPLIED FOR: YOUR REFERENCE: O'BRIEN-1 LEIGHTON O'BRIEN AND LAMANDA MOUNTS 801 SOUTHWEST 356TH STREET FEDERAL WAY, WA 98023 CODE DESCRIPTION AMOUNT PCC PLAT CERTIFICATE 330.00 TSX TITLE PREMIUM SALES TAX 29.04 BALANCE DUE: $359.04 PLEASE ENCLOSE A COPY OF THIS INVOICE WITH YOUR REMITTANCE INV0ICE3-6-22-95/RLK ® TICOR TITLE COMPANY 600 SW 39th Street,Ste 100,Renton,WA 98055 (425)255-7575 FAX (425)255-0285 Date: February 16, 2006 at 08:00 AM Order No.: 6366545-1 Your Reference: O'Brien& Mounts/ Charge: $ 330.00 Prepared For: Tax: $29.04 Cramer Northwest 945 North Central Ave.,#104 Kent, WA 98032 INQUIRIES SHOULD BE MADE TO: UNIT 1 (425)255-7472 Donna Roetter Arlene Naputi PLAT CERTIFICATE SCHEDULE A TITLE IS VESTED IN: Leighton O'Brien and Lam anda Mounts, husband and wife LEGAL DESCRIPTION: Lot(s) 2, Block 3, L'Origan Manor, according to the plat thereof recorded in Volume 45 of Plats, page(s) 33, in King County, Washington. PLAT Certificate Schedule A PLAT CERTIFICATE SCHEDULE B EXCEPTIONS: 1. AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: Pacific Northwest Bell Telephone Company FOR: Lines of telephone and telegraph or other com munication circuits and appurtenances thereto DISCLOSED BY INSTRUMENT RECORDED: October 25, 1978 RECORDING NUMBER: 7810250741 AFFECTS: The northwest 2 feet 2. AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: King County,Washington FOR: Slopes and utilities DISCLOSED BY INSTRUMENT RECORDED: November 21, 1989 RECORDING NUMBER: 8911211221 AFFECTS: The northerly 20 feet of the easterly 3 feet of the property herein described 3. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: Philip M. Lelli and B.Joann Lelli AND: King County,Washington RECORDED: November 21, 1989 RECORDING NUMBER: 8911211222 PURPOSE: To reconstruct driveways 4. Terms, Conditions, Restrictions, Notes, Dedications, Building Set Back Lines including any Easements delineated or Easem ent Provisions as contained on the f ace of the plat referred to in Schedule"A"herein. (A copy of which is attached hereto.) 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: DATED: April 11, 2002 RECORDED: August 12, 2002 RECORDING NUMBER: 20020812001392 PURPOSE: Latecomer Agreement 6. Easement for grading of street slopes, as necessary, over portion of premises adjoining any street or alley as dedicated in the plat. 7. DEED OF TRUST,AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Leighton O'Brien and Lam anda Mounts, husband and wife TRUSTEE: LS Title of Washington BENEFICIARY: Mortgage Electronic Registration Systems, Inc., solely as nominee for Countrywide Home Loans, Inc. ADDRESS: PO Box 2026, Flint, MI 48501-2026 LOAN NO.: 00011356128609005 AMOUNT: $189,600.00 DATED: September 29, 2005 SCHEDULE B (Continued) RECORDED: October 3, 2005 RECORDING NO.: 20051003002744 8. DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: Leighton O'Brien and Lam anda Mounts, husband and wife TRUSTEE: LS Title of Washington BENEFICIARY: Mortgage Electronic Registration Systems, Inc., solely as nominee for Countrywide Bank, N.A. ADDRESS: PO Box 2026, Flint, MI 48501-2026 LOAN NO.: 00011356127809005 AMOUNT: $35,550.00 DATED: September 29,2005 RECORDED: October 3, 2005 RECORDING NO.: 20051003002745 9. General property taxes and special district charges, as follows,together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1st; 2nd half delinquent on November 1st) Total Taxes for Year 2006 Amount Billed: $2,491.55 Amount Paid: $0.00 Amount Due: $2,491.55 Tax Account Number: 440560-0190-00 Levy Code: 1205 Current Assessed Value: Land: $57,000.00 Im provements: $147,000.00 NOTES: A. In the event the transaction fails to close and this corn mitment is cancelled, a fee will be charged to comply with the State Insurance C ode and the filed schedule of this Company. B. 24 MONTH OWNERSHIP SEARCH: The vesting deed into vestees herein was recorded on October 3, 2005, recorded under R ecording Number 20051003002743. C. Abbreviated Legal for purposes of King County Recorders Office is: Lt 2, Blk 3, L'Origan Manor, Vol 45/33 . D. The records of King County and/or our inspection indicate that the address of the improvement located on said land is: 801 Southwest 356th Street Federal Way, WA 98023 A Single Family Residence According to.the King County Tax Rolls the dwelling was built in 1954. bm/ga/02/21/2006 PLAT Certificate Schedule B i39 e , We0 0+85 30 '30 Tj 30 • .i 30 �.°' +°' 5 SF /� ., �T'Ct. 11476 ' �r °O e. ,N 1l441 IF ♦,. N bt - 9041 135 9GA .. 7379++ 'a ,� a I Gs r N �a S�j 9083 N 01 N OYdI��Y' .g.y . f!. �� eo ge ' I. 30 ;III ti 0°1cP o 02 ��y1_�_��'@6 81 • + 9F 30 4.39 AC + �P'�p p mlo pp���pp ►o V 4.39 1��0 SI 16200 5 10917 6F 8343 SF SF 1"13 67W �� Z:�$ �7 I1k� 9075 000 0020 1 la1 q PI 67.71 0.00 - 1T 890611009-12• N 8902236239-12 - .-•-►3 1- !! i ¢ - N 1-;i1. m 1 a --90 ------ - o \89011704472-z2' - • + e + ''I ` -tW 356Tk8►- (CO. RD ND. 907)°�_` 280.73 « von. 151E 0 �' N 89-58-0 1 E 1316.84 (P• - --�'--��- - - 4t4.is 40• . 7330'.4. 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LOT2 roi 1 30 ► 125 ►° p�°:'p n ° + - I 1 °° 11970 ° 11855 �, •► i a• moo aaao , ryf v.�i so't 7' ., p°�' .w+ 1 140 138.60 1 a • 'till 32148 S1 14478 Sf'i. - - • 29 00D a 000 ° 12750 ,1 .i . -.; 1.- r.b°2 SONO 1 'o 9111 m �` $1 �Rd _ 161 icor + jeipr .Ap 1 32148 SF 3D 0135 99►P 14347 SA 72 SF I0 MI411' I: 6'3170. 30 , Fl . n�°; '..T u eases n�_r pw'........... an, q, ,tM ,. • tf,-a7 i,9 in T I $ "9 1 aVK 300TH ar 7 m 20051003002743:001 1 - - -,--- -- ---- ---- --- ----I-.i 11 1111AFTER RECORDING MAILTO: �I "11 'DRESUBMITTED FEB 2 8 2006 Leighton O'Brien and Lamanda Mounts �� °1 1711 61st Street Northeast 00 0030027 Tacoma,WA 98422 T C NAT om. ae 34.00 CITY OF FEDERAL WAY KIlei ahpiTlssY, WAZZ1 BUILDING DEPT. Wt Filed for Record at Request of: Ticor Title Company 00o. B (Q (QL4'#J-1 STATUTORY WARRANTY DEED THE GRANTOR(S) Oanh Nguyen&Tu Thien Hung,wife and husband for and In consideration of Ten Dollars and Other Good and Valuable Consideration in hand paid, conveys,and warrants to Leighton O'Brien and Lamanda Mounts,husband and wife the following described real estate,situated In the County of King,State of Washington: Lot(s)2,Block 3,L'Origan Manor,according to the plat thereof recorded in Volume 45 of Plats, page(s)33,In King County,Washington. Subject to easements,covenants,conditions and restrictions shown on Exhibit'A" as hereto attached and by this reference made a part hereof. Assessor's Properly Tax ParcelAcoount Number.440560-0190-00 Dated: September 29,2005 Oauyen • Tu Thien Hung MARILYN-K.MARILYN—K.BROWN STATE OF Washington NOTARY PUBLIC STATE OF WASHINGTON COUNTY OF King COMMISSION OCPlRES MAY 30 2008 i, ,iin/11r,L�?nal)/ a Notary Public of the County and State first above written, do hereby certify that Oanh Nguyen &•=7=T:1064=Ntricr personally appeared before me this day and acknowledged the due execution of the foregoing instrument. itnes hand and ffl lal is the .304( day of C' ,2005. • -ublic and the s te.of Washington. Residing at eGtZf' My Commission Expires: S/3d/40ii (SEAL) MARILYN K. BROWN Escrow Na:6356435-1 E2159547 Xi :I" 66S PRGE001 OF 001 SALE tf 7;000.00 a ' STATE OF 7/ VA._ } }ss. COUNTY OF i/e-)3 } On this day before me personally appeared / i 77/'e n ,4 ,/,,y to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. ' • d GIVEN under my hand and.fficial s.• this ,54 day of fit 2(9 5 _PH i .40 Print/T il':see: .//1 . . WY) Notary Public in and for the S . e of Lats11 Residing at 4in,7't`— My appointmen expires: 'i3p p ,- 1'f!7 .•t'; ;'..� MARILYN K. Ro N STATE i''=OSHINGTON COME; :::';O EXPIRES • 20051 o0suoz74S.uvs • • EZSIBIT "An • • SPECIAL EXCEPTIONS: AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: • IN FAVOR OF: Pacific Northwest Bell Telephone Company FOR: Lines of telephone and telegraph or other communication circuits and appurtenances thereto DISCLOSED BY INSTRUMENT RECORDED: October 25,1978 RECORDING NUMBER: 7810250741 AFFECTS: The northwest 2 feet AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: • IN FAVOR OF: IGng County,Washington FOR: Slopes and utilities DISCLOSED BY INSTRUMENT RECORDED: November 21,1989 RECORDING NUMBER: 8911211221 AFFECTS: The northerly 20 feet of the easterly 3 feet of the property herein described AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: Philip M.LeIII and B.Joann Lelli AND: King County,Washington • RECORDED: November 21,1989 • RECORDING NUMBER: 8911211222 PURPOSE: To reconstruct driveways Terms,Conditions,Restrictions,Notes,Dedications,Building Set Back Lines including any Easements delineated or Easement Provisions as contained on the face of the plat referred to in Schedule"A"herein. (A copy of which is attached hereto.) AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: 'DATED: April 11,2002 RECORDED: August 12,2002 RECORDING NUMBER: 20020812001392 • PURPOSE:Latecomer Agreement Easement for grading of street slopes,as necessary,over portion of premises adjoining any street or alley as dedicated in the plat 20061003002744.001 1 II 1 IIIII After Recording Return To: 00 00 002744 COUNTRYWIDE HOME LOANS, INC. 01R F0ei DT MS SV-79 DOCUMENT PROCESSING mesa 15 1 P.O.Box 10923 K Van Nuys, CA 91410-0423 Assessor's Parcel or Account Number. 440560019000 Abbreviated Legal Description: LOT 2, BLOCK 3, L'ORIGAN MANOR, VOL 45/33 [Include lot,block and plat or section,township and range) Full legal description located on page 3 Trustee: LS TITLE OF WASHINGTON Additional Grantees located on page (Space Above This Line For Recording Bata( TICOR flTLB 00011356128609005 i�.a/x� iace I. in • ��� ,) DEED OF TRUST MIN 1000157-0005879198-5 • DEFINITIONS Words used in multiple sections of this document are defined below and other words arc defined in Sections 3, II, 13, 18,20 and 21.Certain rules regarding the usage of words used in this document arc also provided in Section 16. (A) "Security Instrument" means this document, which is dated SEPTEMBER 29, 2005 ,together with all Riders to this document. (B)"Borrower"is LEIGHTON O'BRIEN, AND LAMANDA MOUNTS, HUSBAND AND WIFE • Borrower is the trustor under this Security Instrument. (C)"Lender"is COUNTRYWIDE HOME LOANS, INC. • Lender is a CORPORATION organized and existing under the laws of NEW YORK WASHINGTON-Single Family-Fannie MaelFreddle Mac UNIFORM INSTRUMENT W1TH MERE, Page 1 of 11 Initials: ®5A(WA)(0012).01 . CHL(08/02)(d) VMP MORTGAGE FORMS•(800)521.7291 Form 3048 1/01 CONVNA L:.i1111, - JiTllIIU '11111 ' 1 1 3 5 6 1 2 8 6 0 0 0 0 0 2 0 0 6 A 20051003002744.002 DOC ID 8: 00011356128609005 Lender's address is 9500 Park Granada, Calabasas, CA 91302-1613 (D)"Trustee"is LS TITLE OF WASHINGTON 2707 COLBY AVE SUITE 1118, EVERETT, WA 98201 (E)"MERS"is Mortgage Electronic Registration Systems,Inc.MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint,MI 48501-2026,tel.(888)679-MERS. (F) "Note" means the promissory note signed by Borrower and dated SEPTEMBER 29, 2005 .The Note states that Borrower owes Lender ONE HUNDRED EIGHTY NINE THOUSAND SIX HUNDRED and 00/100 Dollars(U.S.S 189,600.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 01, 2035 . (0) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H)"Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. (I) "Riders" moans all Riders to this Security Instrument that arc executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: Adjustable Rate Rider OCondominium Rider Second Home Rider Balloon Rider 1 Planned Unit Development Rider 1-4 Family Rider VA Rider L_ Biweekly Payment Rider �uJ Other(s)[specify] (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders(that have the effect of law)as well as all applicable final, non-appealable judicial opinions. • (K) "Community Association Dues,Fees,and Assessments" means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (L)"Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check, draft,or similar paper instrument,which is initiated through an electronic terminal, telephonic instrument, computer,or magnetic tape so as to order,instruct,or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sals transfers, automated teller machine transactions,transfers initiated by telephone,wire transfers,and automated clearinghouse transfers. (M)"Escrow Items"means those items that are described in Section 3. (N)"Miscellaneous Proceeds"means any compensation,settlement,award of damages,or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to,or destruction of,the Property;(ii)condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation;or(iv)misrepresentations of,or omissions as to,the value and/or condition of the Property. (0)"Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on,the Loan. (P)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. (Q) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C.Section 2601 et seq.)and its implementing regulation,Regulation X(24 C.F.R.Part 3500),as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter. AS used in this Security Instrument, "RESPA"'refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan"even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R)"Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS TN THE PROPERTY ' The beneficiary of this Security Instrument is MERS(solely as nominee for Lender and Lender's successors and assigns)and the successors and assigns of MERS. This Security Instrument secures to Lender. (i)the repayment of the Loan,and all renewals,extensions and modifications of the Note;and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of PIERCE • 'Type of Recording Jurisdirnioal [Name or Recording Jurisdiction! io �r Intdals:(: -6A(WA)(0012).01 CHL(08/02) Page 20111 Form 30481/01 20051003002744.003 s ' DOC ID 1: 00011356128609005 LOT(S) 2, BLOCK 3, L'ORIGAN MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE(S) 33, IN KING COUNTY, WASHINGTON. which currently has the address of 801 SW 356TH ST, FEDERAL WAY IStn:e eityl Washington 98023 ("Property Address"): Rip Code) TOGETHER WITH all the improvements now or hereafter erected on the properly,and all easements, appurtenances,and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument,but,if necessary to comply with law or custom,MERS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests,including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including,but not limited to,releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record.Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1.Payment of Principal,interest,Escrow items,Prepayment Charges,and Late Charges.Borrower shall pay when due the principal of,and interest on, the debt evidenced by the Note and any prepayment • charges and late charges.due under the Note.Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However,if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender (a)cash;(b)money order,(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15.Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but Lender is not obligated to apply such payments at the time such payments are accepted.If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time,Lender shall either apply such funds or return them to Borrower.If not applied earlier,such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure.No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2.Application of Payments or Proceeds.Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority:(a)interest due under the Note:(b)principal due under the Note;(c)amounts due under Section 3.Such payments shall be applied to each Periodic Payment in the order in which it became due.Any remaining amounts shall be applied first to late charges,second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due,the payment may be applied to the delinquent payment and the In iala: -BA(WA)(0012).01 CML(08/02) Page 3 of 11 Form r)48 1/01 20051003002744.004 DOC ID 1: 00011356128609005 late charge.If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if,and to the extent that,each payment can be paid in full.To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments.insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3.Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note,until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property;(b)leasehold payments or ground rents on the Property,if any;(c)premiums for any and all insurance required by Lender under Section 5;and(d)Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of the payment;of Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called"Escrow Items."At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments,if any,be escrowed by Borrower,and such dues,fees,and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time.Any such waiver may only be in writing.In the event of such waiver,Borrower shall pay directly,when and where payable,the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then he obligated under Section 9 to repay to Lender any such amount.Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and,upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA,and(b)not to exceed the maximum amount a lender can require under RESPA.Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality, or entity(including Lender,if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA.Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lender can agree in writing,however,that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument,Lender shall promptly refund to Borrower any Funds held by Lender. 4.Charges;Liens.Borrower shall pay all taxes,assessments,charges,fines,and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any,and Community Association Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by,or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcementof the lien while those proceedings are pending,but only until such proceedings are concluded; or(c)secures'from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument,If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a notice identifying the lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Initials* -8A(WA)(0012).01 CHt(08/02) Page 4 of 11 Form 30481/01 20051003002744.006 DOC ID #: 00011356128609005. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5.Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage,"and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels)and for the periods that Lender requires.What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shall not be exercised unreasonably.Lender may require Borrower to pay,in connection with this Loan,either(a)a one-time charge for flood zone determination,certification and tracking services; or(b)a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification.Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,at Lender's option and Borrower's expense.Lender is under no obligation to purchase any particular type or amount of coverage. Therefore,.such coverage shall cover Lender, but might or might not protect Borrower, Borrowers equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or as an additional loss payee.Lender shall have the right to hold the policies and renewal certificates.If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of,the Property,such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection shall be undertaken promptly,Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest or earnings on such proceeds.Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters.If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle:a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid tinder.the Note or this Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property,Insofar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6.Occupancy,Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing,which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond.Borrowers control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent Initials:666 7lk4A(WA)(0012).01 CHL(08/02) Page 5 of 11 Form 304 1/01 20051003002744.006 DOC ID 1: 00011356128609005 the Property from deteriorating or decreasing in value due to its condition.Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible,Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. if the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration, Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,Lender may inspect the interior of the improvements on the Property.Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8.Borrower's Loan Application.Borrower shall be in default if,during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan.Material representations include,hut are not limited to,representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9.Protection of Lender's interest in the Property and Rights Under this Security instrument.if(a) Borrower fails to perform the covenants and agreements contained in this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include,but are not limited to:(a)paying any sums secured by a lien which has priority over this Security instrument;(b)appearing in court;and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding.Securing the Properly includes, but is not limited to,entering the Property to make repairs,change locks,replace or board up doors and windows,drain water from pipes,eliminate building or other code violations or dangerous conditions,and have utilities turned on or off.Although Lender may take action under this Section 9,Lender does not have to do so and is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument.These amounts shall bear interest at the Note rate from the date of disbursement and shall he payable,with such interest,upon notice from Lender to Borrower requesting payment. If this Security instrument is on a leasehold.Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10.Mortgage Insurance.if Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect.If,for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to obtain coverage substantially equivalent to:the Mortgage Insurance previously in effect,at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,from an aiternate mortgage insurer selected by Lender.If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect.Lender will accept,use and retain these payments as a non-refundable loss reserve in Iieu of Mortgage Insurance.Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full,:and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available,is obtained,and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required'Mortgage insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law,Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or any entity that purchases the Note)for certain losses it may incur if Borrower does not repay the Loan as agreed.Borrower is not a party to the Mortgage insurance. 4s) Initials! .' .6A(WA)(0012).01 CHL(08/02) Page 6 of 11 Form 3048 1/01 20051003002744.007 • DOC ID 8: 00011356126609005 Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements arc on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties) to these agreements.These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available(which may include funds obtained from Mortgage insurance premiums). As a result of these agreements,Lender,any purchaser of the Note,another insurer,any reinsurer,any other entity,or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from(or might be characterized as)a portion of Borrowers payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a)Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan.Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b)Any such agreements will not affect the rights Borrower has -if any- with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. if the Property is damaged,such Miscellaneous Proceeds shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed.Unless nn agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds,Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds.If the restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument;whether or not then due,with the excess,if any, paid to Borrower.Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking,destruction, or loss in value,unless Borrower and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a)the total amount of the sums secured immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediately before the partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction,or loss in value, unless Borrower and Lender otherwise agree in writing,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. if the Property is abandoned by Borrower,or if,after notice by Lender to Borrower that the Opposing Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower fails to respond to Lender within 30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding,whether civil or Criminal, is begun that, in Lender's judgment,could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument.Borrower can cure such a default and,if acceleration has occurred,reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that,In Lenders judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award'or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. rnttlaIs:� ®®6A(WA)(0012).01 CHL(08/02) Page 7 of 11 Form 3 481/01 20051003002744.008 DOC ID t: 00011356128609005 All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by Lender in exercising any right or remedy including, without limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several Liability;Co-signers;Successors and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"):(a)is co-signing this Security Instrument only to mortgage,grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument;and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument.Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing.The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees.In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee.Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,then:(a)any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower.If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15.Notices.All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall he deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice • address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Properly Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address.If Lender specifies a procedure for reporting Borrower's change of address,then Borrower shall only report a change of address through that specified procedure.There may be only one designated notice address.under this Security Instrument at any one time.Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16.Governing Law;Severability;Rules of Construction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located.All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include the plural and vice versa; and(c)the word "may"gives sole discretion without any obligation to take any action. Inlaals:4 •-8A(WA)(0012).01 CHL(08/02) Page 8 of 11 Form 3048 1/01 20061003002744.009 DOC ID I: 00011356128609005 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited to, those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser, If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19.Borrower's Right to Reinstate After Acceleration,If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;(b)such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or(c)entry of a judgment enforcing this Security Instrument.Those conditions arc that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred;(b)cures any default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees,and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument;and(d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged.Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms. as selected by Lender:(a)cash;(b)money order;(c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity;or(d)Electronic Funds Transfer.Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20.Sale of Note;Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note(together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note,this Security Instrument,and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If them is a change of the Loan Servicer, Borrower will he given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Loan Scrvicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join,or be joined to any judicial action (as either an individual litigant or the member of a class)that arises from the other parry's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this Security Instrument,until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action.If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph.The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21.Hazardous Substances.As used in this Section 21:(a)"Hazardous Substances"arc those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action,or removal action,as defined in Environmental Law;and(d)an"Environmental Condition' moans a condition that can cause,contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances,or threaten to release any Hazardous Substances,on or in the Property.Borrower shall not do,nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(h) which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a Hazardous InIdseJ ats-, •J •-6A(WA)(0012).01 CHL(08/02) Page 9 of 11 Form 3048 1/01 2005100awu44.0i U DOC ID #: 00011356128609005 Substance,creates a condition that adversely affects the value of the Property.The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge,(b)any Environmental Condition, including but not limited to,any spilling,leaking,discharge, release or threat of release of any Hazardous Substance,and(c)any condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property.If Borrower learns,or is notified by any governmental or regulatory authority,or any private party,that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,Borrower shell promptly take all necessary remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify: (a) the default;(b)the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days in the future.The notice shall further inform Borrower of the right to reinstate after acceleration,the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale,and any other matters required to be included in the notice by Applicable Law.If the default is not cured on or before the date specified in the notice,Lender at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and/or any other remedies permitted by Applicable Law.Lender shall he entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,including, but not limited to,reasonable attorneys'lees and costs of title evidence, If Lender invokes the power of sale,Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold.Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require.After the time required by Applicable Law and after publication of the notice of sale,Trustee, without demand on Borrower,shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines.Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale.Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty,expressed or implied.The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein.Trustee shall apply the proceeds of the sale in the following order: (a)to all expenses of the sale,including,but not limited to,reasonable Trustee's and attorneys'fees;(b) to all sums secured by this Security Instrument; and (c)any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place. 23.Reconveyance.Upon payment of all sums secured by this Security Instrument,Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee.Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance. 24.Substitute Trustee.In accordance with Applicable Law,Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property,the successor trustee shall succeed to all the title,power and duties conferred upon Trustee herein and by Applicable Law. 25.Use of Property.The Property is not used principally for agricultural purposes. 26.Attorneys'Fee& Lender shall be entitled to recover its reasonable attorneys'fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument.The term"attorneys'fees," whenever used in this Security Instrument,shall include without limitation attorneys'fees incurred by Lender in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT,OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. lmttals•A5 elD-6A(WA)(0012).01 CHL(08/02) Page 10 of 11 Form 30481/01 20051003002744.011 DOC ID I; 00011356128609005 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: �' -- (Seal) LEI ON BR EN -Borrower 71� _(Seal) LAMBDA MOUNTS -Borrower (Seal) -Borrower (Seal) -Borrower • STATE OF'WASHINGTON County of t }ast On this day person ly appeared before me (0' ,�v ' Q 1. CAAAA aU to me known to be the indict+ (s)described in and who e fed the within and foregoing instrument,and acknowledged that he/she/ ed the same as his/her/t�me and voluntary act and deed,for the uses and purposes therein mend, ..�r� GIVEN under my hand and official seal this •y of 4,144 NONIb , P`.* S10N rrr'',gr�r)G�J� Notary Pu is' m Yor the ti��uo of W in n, sidi r 3.0 T 'rrr( ^ e%` My Appointment Expires on 9 u9U =_ -6A(WA)(0012).01 CHL(06/02) Page 11 o1 11 Form 30481/01 20051003002744-:012 • (Space Above This Line For Recording Data) FIXED/ADJUSTABLE RATE RIDER (LIBOR One-Year Index(As Published In the Wall Street Journal)-Rate Caps) After Recording Return To: COUNTRYWIDE HOME LOANS, INC. MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 • Van Nuys, CA 91410-0423 PARCEL ID #: 440560019000 Prepared By: SAILAJA SOLASA 00011356128609005 U:uc iB 1: THIS FIXED/ADJUSTABLE RATE RIDER is made this TWENTY—NINTH day Of SEPTEMBER, 2005 ,and is incorporated into and shall be deemed to.amend and supplement the Mortgage, Deed of Trust, or Security Deed(the 'Security Instrument") of the same date given by the undersigned ("Borrower")to secure Borrower's Fixed/Adjustable Rate Note(the"Note")to COUNTRYWIDE HOME LOANS, -INC. • ("Lender")of the same date and covering the property described in the Security Instrument and located at: 801 SW 356TH ST, FEDERAL WAY, WA 98023 !Properly Address) CONY � •MULTISTATE FIXED/ADJUSTABLE RATE RIDER•WSJ One-Year LIBOR•Single Forney INTEREST ONLY 2U796-XX(04/02)(d) Page 1 of 4 kdtlals: • • f1111111,11 JII ' 2 9 9 9 1 ' 1 1 3 5 6 1 2 8 6 0 0 0 0 0 2 U 7 9 6 ' 20051003002744.013 • DOC ID I: 00011356128609005 THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A.ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial fixed interest rate of 6.375 %.The Note also provides for a change in the initial fixed rate to an adjustable interest rate,as follows: 4.ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A)Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of NOVEMBER, 2012 ,and the adjustable interest rate I will pay may change on that day every l2th month thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate,and each date on which my adjustable interest rate could change,is called a"Change Date." (B)The Index Beginning with the first Change Date,my adjustable interest role will be based on an Index.The"Index" • is the average of interbank offered rates for one year U.S.dollar-denominated deposits in the London market ("LIBOR"),as published in the?he Wall Street Journal.The most recent Index figure available as of the date 45 days before each Change Date is called the"Current Index." If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information.The Note Holder will give me notice of this choice. (C)Calculation of Changes Before each Change Date,the Note Holder will calculate my new interest rate by adding TWO b ONE—QUARTER percentage points( 2.250 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point(0.125%), Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments.The result of this calculation will be the new amount of my monthly payment. (I))Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 11.375 %or less than 2.250 %.Thereafter,my adjustable interest rate will never be increased or decreased on any single Change Date by more than two percentage points from the rate of interest I have been paying for the preceding 12 months.My interest rate will never be greater than 11.375 %• (E)Effective Dale of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F)Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change.The notice will include the amount of my monthly payment,any information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. coNv �f •MULTISTATE FIXED/ADJUSTABLE RATE RIDER•WSJ One-Year LIBOR•Slriele Family INTEREST ONLY 2U796•XX(04/02) Page 2 of 4 Inl9ak 20061003002744.014 DOC ID #: 00011356128609005 B.TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1.Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above,Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest In Borrower.As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent,Lender may require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not he exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option,Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, If . Borrower fails to pay those sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2.When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B I above shall then cease to be in effect,and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18, "Interest in the Property"means any legal or beneficial interest in the Property,including,but not limited to,those beneficial interests transferred in a bond for deed,contract for deed,installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent,Lender may.require immediate payment in full of all sums secured by this Security Instrument.However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.Lender also shall not exercise this option if:(a)Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee;and(b)Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable ice as a condition to Lender's consent to the loan assumption.Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration.The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument.If Borrower fails to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. CONY •MULTISTATE FIXED/ADJUSTABLE RATE RIDER-WSJ One•Year LIBOR•Slnple Family INTEREST ONLY 20798•XX(04/02) -Page 3 0l 4 -Inalala: 20051003002744:015 DOC ID 1s 00011356128609005 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Pixed/Adjustable Rate Rider. (Seal) :.F.7 0'B :cN •Borrower (Seal) CAMANCA MA::N"S •Borrower • (Seal) •Borrower (Seal) •Borrower CONY •MULTISTATE FIXED/ADJUSTABLE RATE RIPER•WSJ One-Year LIBOR.Single Family INTEREST ONLY 2U7SIS•XX(04/02) Page 4 of 4 4i051003u04145.001 I • • 2005 0300 5 After Recording Return To: le'e�i DT 37.00 1 t0 s :23 COUNTRYWIDE HOME LOANS, INC. KING COUNTY, WA MS SV-79 DOCUMENT PROCESSING P.O.Box 10423 Van Nuys, CA 91410-0423 Assessor's Parcel or Account Number: 9905600190 Abbreviated Legal Description: LOT 2, BLOCK 3, L'ORIGAN MANOR, VOL 45/33 • 'Include lot;block and plat or section.township and range' Full legal.description located on page 2 • Trustee: LS TITLE OF WASHINGTON 'Space Above This trine For Recording Dalai WORT/11S 00011356127809005 (.292154e14' ✓.-1 DEED OF TRUST (Line of Credit Trust Deed) MIN 1001337-0000968957-4 THIS DEED OF TRUST,dated SEPTEMBER 29, 2005 ,is between LEIGHTON O'BRIEN, AND LAMANDA MOUNTS AS HUSBAND AND WIFE Said Deed of Second TICOR TITLE COMPANY has staved this document d record as a and Subordirtfzte to Deed of customer courtesy-and accepts no Trust reco► dconcurrently liability tor the accuracy or validly d residing at m@-dOCUMBM 801 SW 356TH STREET, FEDERAL WAY, WA 98023-7202 the person or persons signing as"Grantor(s)"below and hereinafter referred to as"we," "our," or"us"and LS TITLE OF WASHINGTON as trustee and hereinafter referred to as the"Trustee,"with an address at 2707 COLBY AVE SUITE 1118, EVERETT, WA 98201 for the benefit of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ("MERS") a Delaware corporation, with an address of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS. MERS is the "Beneficiary"under this Deed of Trial and js acting solely as nominee for Countrywide Bank, N.A.' • ("Lender"or"you")and its successors and assigns,with an address of 1199 North Fairfax St. Ste.500, Alexandria, VA 22314 • PREMISES:In consideration of the loan hereinafter described,we hereby mortgage,grant and convey to the Trustee the premises located at: 801 SW 356TH ST, FEDERAL WAY 'State,Municipality, PIERCE • Washington 98023-7202 (the"Premises"). County ZIP •MERS HELOC-Deed of Trust Initials:ic'"✓ 2E034•WA(11/04)(d) Page 1 of 5 111111111111111 " 23991 " ' 113581278000002E034 DOC ID 4: 00011356127609005 and further described as: LOT(S) 2, BLOCK 3, L'ORIGAN MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE(S) 33, IN KING COUNTY, WASHINGTON. The Premises includes all buildings and other improvements now or in the future on the Premises and all rights and interests which derive from our ownership,use or possession of the Premises and all appurtenances thereto. The Premises arc not used principally for agricultural or farming.purposes, WE UNDERSTAND.and agree that MERS is a separate corporation acting solely as nominee for Lender and Lender's successors and assigns, and holds only legal title to the interests granted by us in this Deed of Trust,but,if necessary to comply with law or custom,MERS(as nominee for Lender and Lender's successors and assigns)has the right:to exercise any or all of those interests, including,but not limited to, the right to foreclose and sell the Property,and to take any action required of Lender including,but not limited to,releasing or canceling this Deed of Trust. TERM:The maximum term of the Note is 25 years,including any renewals or extensions thereof. LOAN:This Deed of Trust will secure your loan to us in the principal amount of S 35,550.00 or so much thereof as may be advanced and readvanced from time to time to LEIGHTON O'BRIEN the Borrower(s)under the Home Equity Credit Line Agreement And Disclosure Statement(the"Note")dated SEPTEMBER 29, 2005 .,plus interest and costs,late charges and all other charges related to the loan,all of which sums are repayable according to the Note.This Deed of Trust will also secure the performance of all of the promises and agreements made by us and each Borrower and Co-Signer in the Note,all of our promises and agreements in this Deed of Trust, any extensions, renewals, amendments, supplements and other modifications of the Note,and any amounts advanced by you under the terms of the section of this Deed of Trust entitled "Our Authority To You."Loans under the Note may be made,repaid and remade from time to time in accordance with the terms of the Note and subject to the Credit Limit set forth in the Note. OWNERSHIP:We are the sole owner(s)of the Premises.We have the legal right to mortgage,grant and convey the Premises to the Trustee. BORROWER'S IMPORTANT OBLIGATIONS: (a)PAYMENT AND PERFORMANCE:We will pay to you all amounts secured by this Deed of Trust as they become due,and shall strictly perform our obligations. (b)TAXES:We will pay all real estate taxes,assessments,water charges and sewer rents relating to the Premises when they become due.We will not claim any credit on,or make deduction from,the loan under the Note because we pay these razes and charges.We will provide you with proof of payment upon request. (c)MAINTENANCE:We will maintain the building(s)on the Premises in good condition. We will not make major changes in the buildings)except for normal repairs.We will not tear down any of the building(s) on the Premises without first getting your consent.We will not conductor permit any nuisance or waste on or to the Premises,We will not use•the Premises illegally.If this Deed of Trust is on a unit in a condominium or a planned unit development,we shall perform all of our obligations under the declaration or covenants creating or governing the condominium or planned unit development,the by-laws and regulations of the condominium or planned unit development and constituent documents. • (d)INSURANCE:We will keep the building(s)on the Premises insured at all times against loss by lire, flood and any other hazards you may specify.We may choose the insurance company,but our choice is subject to your reasonable approval.The policies must he for at least the amounts and the time periods that you specify. We will deliver to you upon your request the policies or other proof of the insurance.The policies must name you as mortgagee"and"loss-payee"so that you will receive payment on all insurance claims,to the extent of your interest under this Deed of Trust,before we do.The insurance policies must also provide that you be given •tIAERS HELOC•Deed or Trust Ini tats: 2E034-WA(11/04) Pane 2 of S rtlua1 uusOuc/45.0u3 DOC ID is 00011356127809005 not less than 10 days prior written notice of any cancellation or reduction in coverage,for any reason.Upon request,we shall deliver the policies,certificates or other evidence of insurance to you.In the event of loss or damage to the Premises,we will immediately notify you in writing and file a proof of loss with the insurer.You may file a proof of loss on our behalf if we fail or refuse to do so.You may also sign our name to any check, draft or other order for the payment of insurance proceeds in the event of loss or damage to the Premises.If you receive payment of a claim,you will have the right to choose to use the money either to repair the Premises or to reduce the amount owing on the Note. (e) CONDEMNATION: We assign to you the proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Premises, or part thereof,or for conveyance in lieu of condemnation,all of which shall be paid to you,subject to the terms of any Prior Deed of Trust. (I) GOVERNMENTAL REQUIREMENTS: We will comply with all laws, ordinances and regulations applicable to the use or occupancy of the Premises. (g)SECURITY INTEREST:We will join with you in signing and filing documents and,at our expense,in doing whatever you believe is necessary to perfect and continue the perfection of your lien and security interest in the Premises. It is agreed that the Lender shall be subrogated to the claims and liens of all parties whose claims or liens are discharged or paid with the proceeds of the Agreement secured hereby. (h)OUR AUTHORITY TO YOU: If we fail to perform our obligations under this Deed of Trust,you may,if you choose,perform our obligations and pay such costs and expenses.You will add the amounts you advance to the sums owing on the Note,on which you will charge interest at the interest rate set forth in the Note.lf,for example,we fail to honor our.promises to maintain insurance in effect,or to pay tiling fees,taxes or the costs necessary to keep the Premises in good condition and repair or to perform any of our other agreements with you,you may,if you choose,advance any sums to satisfy any of our agreements with you and charge us interest on such advances at the interest rate set forth in the Note.This Deed of Trust secures all such advances.Your payments on our behalf will not cure our failure to perform our promises in this Deed of Trust. Any replacement insurance that you obtain to cover loss or damages to the Premises may be limited to the amount owing on the Note plus the amount of any Prior Deeds of Trust. (i)PRiOR DEED OP TRUST: If the provisions of this paragraph arc completed, this Deed of Trust is subject and subordinate to a prior deed of trust dated SEPTEMBER 28, 2005 and given by us for the benefit of • COUNTRYWIDE HOME LOANS as beneficiary, in the original amount of S 189,600.00 (the "Prior Deed of Trust"). We shall not increase,amend or modify the Prior Deed of Trust without your prior written consent and shall upon receipt of any written notice from the holder of the Prior Deed of Trust promptly deliver a copy of such notice to you,We shall pay and perform all of our obligations under the Prior Deed of Trust as and when required under the Prior Deed of Trust. (j)HAZARDOUS SUBSTANCES:We shall not cause or permit the presence,use,disposal,storage,or release of any Hazardous Substances on or in the Premises, We shall not do, nor allow anyone else to do, anything affecting the Premises that is in violation of any Environmental Law.The preceding two sentences shall not apply to the presence,use,or storage on the Premises of small quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to maintenance of the Premises,As used in this paragraph,"Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials. As used in this paragraph, "Environtilentat Law" means federal laws and laws of the jurisdiction where the Premises are located that relate to health,safety or environmental protection. (k)SALE OF PREMISES:We will not sell,transfer ownership of,mortgage or otherwise dispose of our interest in the Premises,in whole or,in part,or permit any other lien or claim against the Premises without your prior written consent (I)INSPECTION:We will permit you to inspect the Premises at any reasonable time. NO LOSS OF RIGHTS: The Note and this Deed of Trust may be negotiated'or assigned by you without releasing us or the Premises.You may add or release any person or property;obligated under the Note and this Deed of Trust without lasing your rights in the Premises. DEFAULT:Except as may be prohibited by applicable law,and subject to any advance notice and cure period if required by applicable law,if any event or condition of default as described in the Note occurs,the Trustee may foreclose upon this Deed of Trust by notice and sale or may foreclose judicially, in either case in accordance with and to the extent provided by law.You may bid at any public sale on all or any/ portion of the •MERS HELOC•Deed of Trust lNtlats: Ld 2E034-WA(11/04) Page 3 of 5 20057003u0174 5.wv DOC ID is 00011356127809005 Property. In addition, you or the Trustee may. in accordance with applicable law, (i) enter on and take possession of the Premises;(ii)collect the rental payments,including over-due rental payments,directly from tenants;(iii)manage the Premises:and(iv)sign,cancel and change leases.We agree that the interest rate set forth in the Note will continue before and after a default,entry of a judgment and foreclosure or public sale.In addition,you shall be entitled to collect all reasonable fees and casts actually incurred by you in proceeding to foreclosure or to public sale,including,but not limited to,trustee's fees,reasonable attorneys fees(whether or not there is a judicial proceeding)and costs of documentary evidence,abstracts and title reports. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER: As additional security,we assign to you the rents of the Premises.You or a receiver appointed by the courts shall be entitled to enter upon,take possession of and manage the Premises and collect the rents of the Premises including those past due. WAIVERS:To the extent permitted by applicable law,we waive and release any error or defects in proceedings to enforce this Deed of Trust and hereby waive the benefit of any present or future laws providing for stay of execution,extension of time,exemption from attachment,levy and sale and homestead exemption. BINDING EFFECT:Each of us shall be fully responsible for all of the promises and agreements in this Deed of Trust.Until the Note has been paid in full and your obligation to make further advances under the Note has been terminated,the provisions of this Deed of Trust will be binding on us,our legal representatives,our heirs and all future owners of the Premises.This Deed of Trust is for your benefit and for the benefit of anyone to whom you may'assign it.Upon payment in full of all amounts owing to you under the Note and this Deed of Trust,and provided any obligation to make further advances under the Note has terminated,this Deed of Trust and your rights in the Premises shall end. NOTICE:Except for any notice required under applicable law to be given in another manner,(a)any notice to us provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by regular first class mail addressed to us at the last address appearing in your records or at such other address as we may designate by notice to you as provided herein,and(h)any notice to you shall be given by certified mail,return receipt requested,to your address at For MERS: P.O.Box 2026,Flint,MI 48501-2026 For Lender: 1199 North Fairfax St. Ste.500, Alexandria, VA 22314 or to such other address as you may designate by notice to us.Any notice provided for in this Deed of Trust shall be deemed to have been given to us or you when given in the manner designated herein. RELEASE:Upon payment of all sums secured by this Deed of Trust and provided your obligation to make further advances under the Note has terminated,the Trustee shall discharge this Deed of Trust without charge to us,except that we shall pay any fees for recording of a reconveyance of this Deed of Trust. SEVERABILITY: If any provision in this Deed of Trust is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. GENERAL: You or the Trustee can waive or delay enforcing any of your rights under this Deed of Trust without losing them.Any waiver by you of any provisions of this Deed of Trust will not be a waiver of that or any other provision on any other occasion. SUBSTITUTE TRUSTEE: Lender may. from time to time, appoint a successor trustee by an instrument executed and acknowledged by Lender and recorded in the county in which this Deed of Trust is recorded,and upon such recordation the successor trustee shall become vested with the same powers, rights, duties and authority of the Trustee with the same effect as if originally made Trustee hereunder. MERGER:There shall be no merger of the interest or estate created by this Deed of Trust with any other estate or interest in the Premises at any time held by you or for your benefit without your written consent. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY,EXTEND CREDIT,OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASUINGTON LAW. •MERS HELOC•Deed of Trust Initials:•/ 2E034-WA(11/04) Page 4 of 5 20051003002745:005 DOC ID is 00011356127809005 THIS DEED OF TRUST has been signed by each of us under seal on the date first above written. "C/' --- (SEAL) Ormmc LEIG BRIEN Vj0�f.(t�t' (SEAL) Grantor. LAMANDA MOUNTS (SEAL) Grantor. (SEAL) Grantor: STATE OF WASHINGTON 1�/(r ss: County or J i On,tis day before O to me known to be the individ I. described in and whop iecuted the within and foregoing instrument, and acknowledged that - Ql signed the same as `i'V►�Y ,froc and voluntary act and deed, for the uses and purposes therein mcnI oned. '•` , tI GIVEN under my hand and official seal this irda of _ • No dr P blic in a fo th Stet of• ' gum,residing at r , l ``\���\W1HIII My Appointment Expires on 1 1. . �� � 119,14104 vaai s04s‘961oN ti voT� ^r%(� •f,,,�n•1WW9 0W10%� `5 �liAlA �`�� • •MERS HELOC-Deed of Trust 2E034-WA(11/04) Page 5 015 Ji1/ ) Lelli, Philip EASEMENT FOR SLOPES AND UTILITIES. King County Rea Property DIYISIOD A, THIS AGREEMENT made this 2— day of i v, ,T 462 19 air . by and between ,¢N44 g j 4 � ,ss_wir , hereinafter ca'I'lef the urantor, and Kingaunty. asb ngton. ieFe natter called the Grantee: WITNESSETH: WHEREAS. the Grantor herein is the owner of that certain parcel of land ti described as follows: N NLot 2, Block 3, L'Origan Manor, according to the Plat recorded in Volume 45 of Plats, pages 33 and 34, being a portion of the Southeast. ri C 1/4 of the Northwest 1/4 of Section 30, Township 21 North, Range 4 1,4 East, W.M., King County, Washington. : rn 60 and, WHEREAS, is has been found necessary in the construction and improvement of SOUTH AND SOUTHWEST 356TH STREET tito construct utilities and make slopes on said property of Grantor for cuts and fills as follows: ;�' The Northerly 20 feet of the Easterly three feet, including Northerly u extension. Contains an area of 63 Sq. Ft., or 0.0014 Acres, M/L eO,Vs/od4'41770s/' 2Soob , _ 44.1; m A EXCISE TAX NOT REQUIRED • �- % King Co.Records Division < U u, - �� �, By ,a t y)"ri ,Deputy 89,11,21 M1221 P RECD F .00 - CASHSL ****.00 ciC y .•. 55 HOW, THEREFORE, in consideration of the premises, the Grantor hereby agrees that said slopes may be made on his property as hereinbefore set forth, in conformity with standard plans and specifications for highway purposes and to the same extent and purposes as if the rights herein granted had been acquired by condemnation proceedings under Eminent Domain statutes of the State of Washington. IT IS MUTUALLY AGREED AND UNDERSTOOD that this Easement has been conveyed and . . accepted for public right of way purposes and in the event of abandonment, vacation or relocation of said street, road or highway the rights and interests in the above- described lands that are herein conveyed, excepting those that pertain to utilities, shall revert to the Grantor, successors and assigns. IN WITNESS WHEREOF, the said Grantor has hereunto signed his name the day and year first above written. ,) A i r .J !i4,,Cr-2 ���_ O r CTATt (IF HASIIINGTO1I ?) ss �C\,h..rA.A",.... ''.DOi0AI COUNTY OF KING ) 4 HIOR On this day personally appeared before me _ N2' ,/J �� / ,E,1. \tez1`.i� I-EZ1./ . to me nown to the lndividualts) described in and wlio executed the Aith,in and foregoing instrument, and acknowledged that , . signed the same as roic , free and voluntary act and deed, for the uses and purposls therein mentioned. IV Given under my hand and official seal this 9--- day of /Z,/cni, ,r? . 19,i;. . , MART PUfETE in an or ie ago Washington, R3AC/SEUi. residing at Ke=,r/i : j 1 --- d!t4te�! Division AGREEMENT TO RECONSTRUCT DRIVEWAYS Lelli, Philip M- King County R petty. and 'fills AGREEMENT made this 'We — day of o✓ ,vi,dr iz. 19_8, by between �/[.� �!!G/ o hereinafter called the Grantor, and• ring County,Washi�ton, hereinafter called the Grantee: WITNESSETII: WHEREAS, the Grantor represents and warrants that he is the owner (tenant., mortgagee) of that certain parcel of land described as follows: N N N Lot 2, Block 3, L'Origan Manor, according to the Plat recorded in Volume 45 of Plats, pages 33 and 34, being a portion of the Southeast ", 1/4 of the Northwest 1/4 of Section 30, Township 21 North, Range 4 v. East, W.M.. King County, Washington. 4-4 0) 'A m 0 cor. :: - EXCISE TAX NOT REQUIRED o • rvtal • • King Co.Records Division w _ y By —11.1.i-!i Deputy • and, . WHEREAS, the Grantee is about_ to perform certain improvement work on 4 SOUTH AND SOUTHWEST•356TH STREET .. . ., NOW, THEREFORE, in consideration of the premises, the Grantor herehY..9rant5. to the Grantee by this agreement, the right to locate equipment and to work on the following described land for the purpose of carrying on raid construction activities consistent . Il with the purposes of the project. • . J V The South 25 feet of the East 5 feet, together with the North 25 feet of the South,65 feet of the East 15 feet. Contains an area of 500 Sq. EC.v or 0.0115 Acres, M/L THIS INSTRUMENT SUPERCEDES THE INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 8901130174. This agreement shall remain in existence until such time as Grantee will have fully carried out the original construction necessary to complete the project.. IN WITNESS WHEREOF, the said Grantor has hereunto signed his name the day and year first above written. . 6RANIOR ,- y 1— 22 e12 O ��(�Cr F)N ,nn STATE OF WASHINGTON ) CRSHs• i.. .00 ) ss 55 COUNTY OF KING ) On this day personally appeared before me ViL/Prl / to me Known o be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that signed the same as ffcr,' free and voluntary act and deed, for the uses and purpos s therein mentioned. Given under myhand and official seal tills '0U dayof 2— /Yi;'4;ta.fAE,Q. 19/9 . 5gaTf' RY PURLIC in and f r the State of Wash ngton, ".,.•..e.,, :,,,):'01SD�'' residing at .E�E.dr • ., ', i f 1 Il, 11 1 1 11 }, Return Address: � '�I 1' Lakehaven Utility District !I fftJJjfj111 111 if 1i Development Services 200208 2001392 P O Box 4249 LAKENAVEN UT=L AG 22.09 Federal Way,WA 98063-4249 oz! ei si sa KING COUNTY, WA COVER SHEET Document Title: (N Latecomer Agreement(Silverwood&Rosewood Lane) 0:71 Reference Number(s): c-. 20010606000371 t; _ 9280 Partners LLC (. , Grantee(s): Lakehaven Utility District CO Legal Description: Portions W 1/2 and E%STR 30-21N-04E,WM,King Co, WA (NI Additional legal descnption is on Exhibit"A"of document CD, Assessor's Property Tax ParceUAccount Number. C\i 440560-0190, 195 and 200 440561-0270,0010,0020,0030, 0040,0050,0060,0160 and 0170 768390-0010,0120,0130,0200 and 0210 302104-9149,9111,9119 and 9113 DISTRICT.USE ONL-Y-BELOW THIS LYNE , Account Number: • ProjectNiiinber: 1245100.2000,009/2.245.1,00 2090 0,00; 6301002 Fund: _(circle One): ; ' Amount: WATER./,SEWER, JOINT` ) • S2200 SILVERWOOD&ROSEWOOD LANE Agreement No 01-491 LATECOMER AGREEMENT THIS AGREEMENT, entered into in duplicate between the LAKEHAVEN UTILITY DISTRICT, a municipal corporation of the State of Washington, hereinafter referred to as the "District", and 9280 PARTNERS, L.L.C., C/O NOVASTAR DEVELOPMENT, INC., 18215 72ND AVENUE SOUTH,KENT,WA 98032,heremafter referred to as the"Developer" WITNESSETH: Crl WHEREAS,the Developer has entered into a Developer Extension Agreement,hereinafter "Agreement", recorded under King County Auditor's File No 20010606000371, to provide for the CJ �j construction of certain sewer improvements to serve property owned by Developer,and �-- WHEREAS,a portion of the improvements constructed thereunder will, as determined• by'' GYJ C7 , the District,.provide benefit to realty described herein which is located -adjacent to such Cs.1 CD improvements,and C I WHEREAS,pursuant to District Resolution and state law, the parties are authorized to enter into an agreement under which the District would collect an amount representing a share of the cost of construction of the improvements from the owner of such benefited property, at the time of connection,and remit the same to Developer,and WHEREAS, the parties agreeing that the`.terms for such collection and remittance ` ' contained herein are fair and equitable, NOW,THEREFORE,IT IS AGREED as follows 1. The District hereby agrees to charge the property described on Exhibit "A",attached hereto and by this reference incorporated herein,a proportional share of the cost of the sewer mains constructed pursuant to the Agreement Reimbursement to Developer shall be conditioned upon payment by the Developer, of the Distnct's required deposit for administration of this latecomer reimbursement agreement and following the actual provision of service to such property through the facilities constructed therein Payment to Developer shall be in further conformance with the provisions set forth in District Resolution No 2001-962, Sections 2 v) and 3 C, as hereinbefore adopted and as may be subsequently modified or amended, <tad applicable laws of the State of Washington 2. Developer agrees to comply with and be subject to all terms of Lakehaven Utility District Resolution No 2001-962, Sections 2 v)and 3 C, as may from time to time be amended, as a condition of receiving the latecomer benefits herein Page 1 3. This writing constitutes the full and only agreement between the parties, there being no promises, agreements, or understandings, written or oral, except as herein set forth, or as hereinafter may amended in writing 4. It is agreed that the Developer is not an agent of the District under the terms of this Agreement and no act or omission of the Developer shall be deemed an act or omission of the District by virtue of the laws of agency WITNESS our hands and seals 9280 PARTNERS, L L C LAKEHAVEN UTILITY DISTRICT King County,Washington By (/ � ye. _ -i� ? - --Jo Engineering Manager Its Managing Member Date WY/O 2- Dated 4je,--, ._?ci 2. c=Ne> ? i C-NJ l`+ t STATE OF WASHINGTON ) c7 County of King ) N`; : I certifythat I know.or have satisfactoryevidence that '?#OM46 4•: F3,644 flftad504�--- co signed this instrument,on oath stated that HE was authorized to execute the.instrument and" a-.. acknowledged it as the Managing Member of 9280 PARTNERS, L L C ,to be • • c Z 1 the free and voluntary act of such party for the uses and purposes mentioned in the instrument DATED 4////40 - G'�l [ St:, ems:_ ‘ ] Notary Public (s w/AYi✓� fD27T 2 [ O 1• " PA S ] Title [ •A 11/40i . = $ .. .. _ ._.» [ tii .�• •b,•�., ] My appointment expires l i '21,D(P [ `��,� w ] For recording in the State of Washington, the Notarial Seal must be fully legible and cannot intrude into document margins Please affix seal in the space provided Page 2 EXHIBIT"A" LATECOMER LEGAL DESCRIPTIONS FOR SILVERWOOD AND ROSEWOOD LANE Agreement No.01-491 Lot 2, the Fast half of Lot 3, and the East half of Lot 4, Block 3, L'Origan Manor, according to the plat thereof recorded in Volume 45 of Plats, Pages 33 and 34, inclusive, records of King County, Washington (Tax Parcel Nos 440560-0190,440560-0195,and 440560-0200) TOGETHER WITH Tract "A" and Lots 1, 2, 3, 4, 5, 6, 16, and 17, L'Ongan Manor No 2, according to the plat thereof recorded to Volume 91 of Plats, Page 14, records of King County, Washington (Tax Parcel Nos 440561-0270, 440561-0010, 440561-0020, 440561-0030, 440561-0040, 440561-0050,440561-0060,440561-0160,and 440561-0170) AND TOGETHER 'WITH Lots 1, 12, 13, 20, and 21, Secoma Terrace, according to the plat thereof recorded in Volume 86 of Plats,Page 39,records of King County,Washington C*.l Cr% (Tax Parcel Nos 768390-0010,768390-0120,768390-0130, 768390-0200,and 768390-0210) AND TOGETHER WITH the West 150 feet of Lot 2 of King County Short Plat No 577043,'asi CD recorded under Auditor's File No 7711221020,records of King County, Washington C1 (Tax Parcel No.302104-9149) CD TOGETHER WITH Lot 1 of King County Short Plat No 1178122, as recorded under C Auditor's File No 7908170998,records of King County, Washington (Tax Parcel No 302104-91 1 1) AND TOGETHER WITH the West 150 feet of the West half of the South half of the Smith two-thuds of the,South half of the Southwest quarter of the Southwest quarter of the Northeast quarter of Section 30,Township 21 North,Range 4 East;W M , in King County, Washington; EXCEPT that portion of'said pren:uses conveyed to the City of Federal Way by deed recorded under Auditor's File No 9802170431,records of King County,Washington (Tax Parcel No 3021 04-91 1 9) AND TOGETHER WITH the West 150 feet of the West 314 feet of the North one-third of the North half .of.the. Northwest quarter of.the Northwest quarter of the Southeast quarter of Section 30, Township 21 North,Range 4 East,W M in King County,Washington, EXCEPT the West 30 feet thereof (Tax Parcel No 302104-9113) Esug l • � • • FEB � � • cc Aor P'+r rn ►- �" I . L ORGAN MANOR . • • KING COUNTY..WASH. • SEI. NWs SEC.30. TWP 21 N., R4 E.WM JANIJARY 13. 1948 M CDONALD ENGR. CO. TACOMA,WASH. DESCRIPTION • THIS PLAT Of L'ORIGAN MANOR KNG CODUNTY WASHINGTON,COVERS AND NGUOES THE FOLLOWING DESCRIBED TRACT OF LAWS- . THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER CF SECTION THIRTY.TOWNSHIP TWENTY'DEC NORTH,RANGE FOUR EAST WILLAETTE MERCIAN (Sb V4 NA 1W SEC.30.no a N..R.4 E.W.M.) EXCEPT THAT PORTION FLAT (SHEETPREVIOUSLY 21 DEDICATED TO KING.COUNTY FOR ROAD PURPOSES(TIE PRESENT SD 356TH 5Q , - AN ALL COURSES D pMENSONS ARE SHOWN ON THE ACCOMPANY ING• DEDICATION KNOW Al I VFW RI THF'F PRVSFHTS THAT WE,BRACE LITTLE AND WILLE V.UTILE,HIS WIFE.OWNERS N FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLAREU THIS PLAT AND OET INCONSISTENT TO WITH THE USE OF THE PUBUC USE THEREOF FOR PUBLIC R THE STREETS HIGHWAY PURPOSES.SL HERECN AND TFC USE SO THE RIGHT TO MAKE THEREOF NECESSARY SUCKS • ALL PURPOSES SUP NOT LOTSS THE LOTS SHOWN HEREON N THE ORIGNAL REASYNABLE:PRONG OF THE STREETS AND AVFTAJES SHCINN TOR CUTS OR FILLS UPON �� - • �1A.D..W40 'Y WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HANDS AND SEALS THIS___J� DAY OF_ --�- .• ^ W•p1IE K 11TTl.E-f.LtT -__~�- -Emu-- -- ACKNOWLEDGMENT STATE OF WASHINGTON Is, COUNTY OF KING • _ A NOTARY PUBLIC N AND FOR 1}E STATE OF THIS IS TO CERTIFY THAT ON THIS-__)IC-__DAY OF.__JARIRPI AD 1946. BEFORE ME. WASHINGTON,DULY COMMISSIONED AND SWORN:PERSONALLY APPEARED BRACE LITTLE AND YOU E V LITTLE HIS WIFE,TO ME KNOWN TO BE THE NDMDUIKS DESCRIBEDM AS TI IN AEE EXECUTED ACTITHNIN DEED FFOOREGOING IE DEUDICATION, PURPOSES EACH T EREIN ACKNOWLEDGED T ME THAT THEY SIGNED AND SEALED TIC N WITNESS WHEREOF.I HAVE HEREUNTO SET MY HALO AND AFFIXED MY OFFICIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. NOTARY PUBBi..*NA o-num THE-STA.L wAlNNGTDN - RESIDING AL�` 5�Y1�� I ANUS ' c,•,® RESTRICTIONS • THE ONNER• NO LOT AN PORTION Y aOF THIS CF PLAT S PLAT.SHALL BE HALL BE LESS THAN T AREA RLOURE FOR THE USE AND SOLD OR RESOLD.OR RSHIP DISTRICT STATTEDRON THISRPLAT.,D WHEREIN WOO • SQUARE FEET FOR RESIDENCE R•I USE. • R-I .WITH A MINIMUM WIDTH Of SIXTY E6W FEET,CAVERNFD BY RESTRICTIONS.RULES AND ALL LOTSIIN THIS PLAY ARE LUTRNTND TORE AND RESIDENCE . REGULATIONS OF COUNTY RESOLUTION ND 649E AND ANY SUBSEQUENT CHANGES MADE THEREIN BY Of FOCAL COUNTY pE90LUTIOL • CERTIFICATE • I HEREBY CERTIFY THAT THE PLAT OF I'CIRrAN UPON AN ACTUAL MANOR 5 BASED ON SURVEY MO SUBDNEIONN OF SECTION THRTY.TOWNSHIP TWENTY. .4.. ONE NORTH,RANGE FOUR EAST MENTS HAVE BEEN SET AND LOT AND BLOCK CORNERS ARE IUSTAKED CORRECTLY TTE MERIDIAN. THAT THE GROUND,THAT I HO/E FULLY COMPLIEDE WITH TEE• F10/WE THAT OF THE STATUTES AND • •'I'<'4•Y•OF THE.REGULAT1�'IS GOVERNING PIATTNG. . l F6�Ft DONALO I3S 7 7 .LICENSE NO.1424. RENE NO E-1I3S • .. REGISTERED PROFESSIONAL ENGINEER AND LAN) SURVEYOR ®• `2�ir/■ ? DAY OFFtflJL1 _AD.104B I HEREBY CERTIFY• THAT THE WITHIN PLAT OF I•ORAN MANOR IS DULY 'I' EXAMNED AND APPROVED THIS____- � APPROVED BY KING COUNTY PLANTING GOAS,IISSION THIS-262_—_- DAY OF_FE66UASY_.AA.548 z. CWiWAMR SECRE r Y Er'-- ' • EXAMINED MO APPROVED THIS-_�LL?---DAY OFJJ/*Wtrf_-_ALI — a2y,• EXEWTV OFFICER7TZ�i 77.3�.... ter c�a 6IARII ..-BOWCINT "FNTr- 47 _ - COMMISSONFRS FILED FOR RECORD AT THE REQUEST OF KING COUNTY PLANNR�G ,,OANMISSION THIS.. ___pAY Of_�4�.___AA.WEB AT r!1__UNLIT ES PAST Q-JL__M. AND RECORDED N VOLUME • ,�►r�E �J i,j;) �l,Z___OF PLATS PAGEI_31EVA RECORDS OF KING COUNTY. • • TA BOwIU WASHINGTON COM r�N,� '_. M1.4510NER5 ,U1 • DEPOT.• Y NAITOR ' • • - SHEET 2 3 4 . i . . L:ORIGAN MANOR KING COUNTY, WkSI-I. . . SEA- Nw.i SEC 30,TWP 21 N., R 4 E.WM. t . i SCALE-1-8100' JANUARY 13, 1948 McDONALD ENGR. CO. i , REVISED-FEBRUARY 9.1948 TACOMA, WASH. 1- f • 6.-0- it' . . • i . i 4117 45*.i, de, . • 1 4,4 .0'01' 1 _ -40 35fi.T.L1—S-T-REE-T-r— , L- -w-,-,-N.eataca:'_.v•r7—zt - - :tc:/''' ,../., • g 351.1.1 1489•5500E IX984 i 8 X/33 30 0.4S0 9400 9400 9400 9400 9400 1 11551 •V,-, --'-••••. • l / i .. -- 443 .4 v 1 1 g 1 I / 2 3111 I g iv 3 .i,) . 2 1;4, ?, 4 'P., 5 •,f 6 : I 1,) / (s• -KA P °): • • '•.) %e.t.d.9. .. . -• S tot ._ nisei 940 940 I 940 940 940 940 940 i 2 g I 2 030 3?82 ., • c17 - 4 7 24 a•7434 - 1 . . - ..... 2 .. ! 2•1o4. i 11 i 5 a 1 3 • .., 23 - 3 if; 2901--- 1 2820 27948 I / 6 9 • • .. 2 . 2 4 / / 290 77 I 78713 28 • 271.12 . . . i . 7 . vi g i I ill g 2. . .-ii., p •...• — 7 10 21 - • - 5 Ii/ Vi 1 111 §:,ui ,PACLAI 7820 . 2 27917 / 1 Ij. I-- > I— < I 1 : I I <mi I 8 l II 6 / / I a. '1--t / I 1—b lot U J&CIAO 287 0 787 07 2790 1 / COL4 it: Q g 1 g 9 § 2 ,. # I • izc 9 2 - - 0,0.„•07 i - 78897 I i ..,.... .2820 _, _. . , "It•9 2 eV 77118S 1 1 . D. 10 i ! 0 ,c0,0,0 18 / - • . f P• 8 i / 7198 83 PRPn • 2870 7 ii• . • g . s I II - - I - 14 17 I 4 91 1 = )seno 2870 2820 I I 278s3 . i / s I I 1 / i 12 15 ' 16. / / 10 fz... I / 30 28788 30 30 2820 2820 30130 I --6,14tf___Txi V16 COI-44,g 347 SS • SO. 360TH STREET 82400 In 13833 • 4 r-CENTER SECTION . STONE MON. •STONE 14:44...7 N84'37'02-E. 130888 STONE MON. . • -• • UNPLATTED - .„. • ;,- . . , • ! . .. • .. .. . s.•.44 . j?-1.-"."711, I • • ,i.01, ..4%,:••,.• :,y3.i. '..1•:". k )) , .... ,g.„....„).., „fr .., .,., 1 • . . • ,,....4.110,,.. 11 • , . • , • - . . MIFV•rlf IF..I. ...I....4,.....,,.V.........t....P... I ,-• .,.., .--. . -...- ,—.....1 _7IICAGO TITLE INSURANCE COMP/0��; 1800 COLUMBIA CENTER, 701 FIFTH � Title Unit U-09 SEATTLE, WA 98104 Phone: 6 2 8-9 715 A.L.TA.COMMITMENT Fax: 628-4726 SCHEDULE A Order No.: 455648 Officer: LINDA JACKSON Your No.: 01-502-615790-3 Commitment Effective Date: APRIL 11, 1996 at 8:00 A.M. / /5/3 3 1. Policy or Policies to be issued: f ALTA Owner's Policy Amount: $0.0 0 Premium: Tax: Proposed Insured: Policy or Policies to be issued: PREMIUM APPLICABLE BETWEEN $40, 001.00 - $50, 000.00 Amount: $5 0, 0 0 0.0 0 ALTA Loan Policy Premium: $2 0 0.0 0 1992 EXTENDED Tax: $ 16.40 LOAN REFINANCE/JUNIOR MORTGAGE RATE Proposed Insured: WASHINGTON MUTUAL A FEDERAL SAV. BANK Policy or Policies to be issued: Amount: $0.0 0 ALTA Loan Policy Premium: Tax: Proposed Insured: 2. The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE Title to the estate or interest in the land is at the effective date hereof vested in: ALFRED NYE, JR. , AS HIS SEPARATE ESTATE 4. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT CHICAGO TITLE INSURANCE COMPANY wLTACOMA/080995/RLK CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE A Order No.: 455648 (Continued) Your No.: 01-5 0 2-615 7 9 0-3 LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) 7.HE NORTH 34 FEET OF THE EAST 140 FEET OF LOT 18, AND THE SOUTH 56 FEET OF THE EAST 140 FEET OF LOT 19, BLOCK 2, L'ORIGAN MANOR, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 45 OF PLATS, PAGE(S) 33, IN KING COUNTY, WASHINGTON. CHICAGO T IT LE INSURANCE COMPANY w[TwcMwe/ii-isAo/etc CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B Order No.: 455648 Your No.: 01-502-615790-3 Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession not shown by the public records. B. Encroachments,overlaps,boundary line disputes,or other matters which would be disclosed by an accurate survey and inspection of the premises. C. Easements,or claims of easements,not shown by the public records. D. Any lien,or right to a lien,for contributions to employee benefit funds,or for state workers' compensation,or for services,labor,or material heretofore or hereafter furnished,all as imposed by law,and not shown by the public records. F. Taxes or special assessments which are not shown as existing liens by the public records. F. Any service,installation,connection,maintenance,tap,capacity or construction charges for sewer,water, electricity,other utilities,or garbage collection and disposal. G. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations,Indian treaty or aboriginal rights,including easements or equitable servitudes. H. Water rights,claims,or title to water. I. Defects,liens,encumbrances,adverse claims or other matters,if any,created,first appearing in the public records,or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW CHICAGO TITLE INSURANCE COMPANY WLTACOMB CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B Order No.: 455648 (Continued) Your No.: 01-5 0 2-615 7 9 0-3 SPECIAL EXCEPTIONS 1. RESTRICTIONS CONTAINED IN SAID PLAT AS FOLLOWS: NO LOT OR PORTION OF A LOT OF THIS PLAT SHALL BE DIVIDED AND SOLD OR OWNERSHIP CHANGED OR TRANSFERRED, WHEREBY THE OWNERSHIP OF ANY PORTION OF THIS PLAT SHALL BE LESS THAN THE AREA REQUIRED FOR THE USE DISTRICT STATED ON THIS PLAT,- NAMELY 6, 000 SQUARE FEET FOR RESIDENCE R-1 USE. ALL LOTS IN THIS PLAT ARE RESTRICTED TO RESIDENCE R-1 USE, WITH A MINIMUM WIDTH OF SIXTY FEET GOVERNED BY RESTRICTIONS, RULES AND REGULATIONS OF COUNTY RESOLUTION NO. 6494 AND ANY SUBSEQUENT CHANGES MADE THEREIN BY OFFICIAL COUNTY RESOLUTION. 5 2. RIGHT OF THE PUBLIC TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON SAID PREMISES IN THE REASONABLE ORIGINAL GRADING OF STREETS, AVENUES, ALLEYS, AND ROADS AS DEDICATED IN THE PLAT. 3. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES) : YEAR: 1996 TAX ACCOUNT NUMBER: 440560-0150-08 LEVY CODE: 1205 ASSESSED VALUE-LAND: $ 37, 000.00 ASSESSED VALUE-IMPROVEMENTS: $ 41,100.00 GENERAL & SPECIAL TAXES: BILLED: $1,275.36 PAID: $0.00 UNPAID: $1,275.36 D 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: ALFRED NYE, JR. AS HIS SEPARATE ESTATE TRUSTEE: COMMONWEALTH LAND TITLE COMPANY OF SNOHOMISH COUNTY BENEFICIARY: PIONEER FEDERAL SAVINGS BANK, A CORPORATION AMOUNT: $ 55,000.00 DATED: JUNE 2, 1988 RECORDED: JUNE 10, 1988 RECORDING NUMBER: 8806100001 LOAN NUMBER: 198499 CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY A.L.TA.COMMITMENT SCHEDULE B Order No.: 455648 (Continued) Your No.: 01-5 0 2-615 7 9 0-3 SPECIAL EXCEPTIONS • THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. E 5. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. 6. IN THE EVENT THAT THE PROPERTY DESCRIBED HEREIN IS OCCUPIED BY A MARRIED PERSON AND SPOUSE AS A HOMESTEAD, THE CONVEYANCE OR ENCUMBRANCE OF THE PROPERTY MUST BE EXECUTED AND ACKNOWLEDGED BY BOTH HUSBAND AND WIFE, PURSUANT TO RCW 6.13 WHICH NOW PROVIDES FOR AN AUTOMATIC HOMESTEAD ON SUCH PROPERTY. G NOTE 1: MATTERS DEPENDENT..UPON OUR INSPECTION HAVE BEEN CLEARED TO PROVIDE AN EXTENDED COVERAGE LENDERS POLICY. GENERAL EXCEPTIONS A THROUGH H, INCLUSIVE, ARE HEREBY DELETED. ;r NOTE 2: COUNTY RECORDS INDICATE THAT THE ADDRESS OF THE IMPROVEMENT LOCATED ON SAID LAND IS: 35827 9TH AVENUE SOUTHWEST FEDERAL WAY, WASHINGTON 98023 NOTE 3: THE LOAN POLICY TO BE ISSUED WILL CONTAIN THE A.L.T.A. 8.1 ENDORSEMENT. END OF SCHEDULE B a j TwcMs2/u-26-9o/E[c CHICAGO TITLE INSURANCE COMPANY t% , (f 413 - 3I UGET SOUK _ . � . -- - - I � i KENNETH C.KLEPSER,rR[•lo[NT KING COUNTY TITLE COMPANY, I C.S.OTHICK,VICE►R[•IOENT ........ . Ai! AGENT '. !A / • . r a ,. W.A.LANOLOW,■[OR[TART v+ i ^ � CARL BCH EUCH,Jw.,Tw[A•uR[w 10 I1 a {I it L :Ue M CH ` RON' ANVJ MAIN 6133 4 „it- ‘77 , .4 sP rA HOME OrTICE- �` ./7 ` 706 THIRD AV[NUE—O[XT[R NO6TON •VILDINO • {l ! i,'� SEATTLE 4, WASHINGTON ;. % Order No. 113520 C/Pe 1-v Rik County Engineer, • /-2 S-7t 4 4 • County-City Building, Seattle, 4, Washington. Dear Sir: ' In the -tatter of the olnt sub;iitted for your approval this. Company has exec„fined the records of the County Auditor and County Clerk of King County, State of Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the .following described land situate in said King County, to-wit : The Southeast ..i of the Northwest ' of Section 30, Town- ship 21 North, Range 4 E. W. M. , EXCEPT County Roads; is vested in BRYCE LITTLE and ' ILLIE V. LITTLE, husband and wife, , - presumptively 3 s community property, subject to: An easemont granted to The Pacific Telephone and Telegraph Company, dated rviarch 12, 1941, filed September 19, 1941, as File No. 3191645 and recorded in Volume 1997 of Deeds,. page 277, with 2 the right, privilege and authority to construct, reconstruct, 10. operate, inspect, maintain or remove lines of telephone and tele- I ,l' raph, ol, other signal or communication circuits, consisting of L. such underground conduits, cables, manholes and other markers, fixtures and appurtenances, ecros3, over and upon the Northeast Vof tie Southwest . and the Southeast 1 of the Northwest 4 of /' Section 30, Township 2 1' north, Range 4 E. W. id. ; together with %--3 the right of inbre.:s to and egress from said property, reference to which record IF i ode for further particulars. tv No exa-,:ination has been made for taxes or assessments. Dated at Serttl :, Vtiashinjton, January 16, 1948, at S o 'clock A. M. 2J3ET SOUND TITI•E INSURANCE COMPANY, 3y • Title Officer. 4 • • • - E ORIGAN MANOR � 1., j oo ; • KING COUNTY, WASH: - •-.:4= kv, ' CITY OF FED5R (AY .SE • N.W.A. SEC.30,TWP 21 N., R4 EWM• BUILDI[d `E PT. "L:r•..•.,,. :r. JANUARY 13. 1948 • M°DONALD ENGR;'CO. TACOMA, WASH. -: DESCRIPTION THIS PLAT OF L-ORIGAN MANOR,KING COUNTY WASHINGTON,COVERS AND INCLUDES THE FO.LOWNG DESCRIBED TRACT OF LANDy- . THE SOUTHEAST QUARTER OF INC NORTHWEST QU EI CF SECTION THIRTY,TOWNSHIP TWENTY-ONE NORTH,RANGE FOUR EAST WILLIV. TTE•M• ^• ':�. (SLIM NA I.W SEC.30.TOUR 21 N..R.4 E.W M.) yxf1PT Mi PORTION PREVIOUSLY DEDICATED TO KING.COUNTY FOR R PU OAD RPOSES(THE PRE%NT SOSS6TH ST3 ALL COURSES MD DIMENSIONS ARE SHOWN ON THEH•AT,CO1,9449I11IG PLAT(SLEET 2). • : , - --DEDICATION • •• 'Y" CUM, ►EN BY Tfz' PR(SENrs THAT WE,BRYCE UTTLE MID"•WALE 1t 11TTIrE,HIS WIFE,O 1.ERS N FEE SIMPLE OF TIk LJV•6.11EJYBV Vida, HEREBY DECLARE THIS PLAT AND DEDICATE TO TIE USE•0 F= Poem,.NREVETI•S!E STREETS SHOWN HEREON MO THE U THEREF:fCR AY( AND ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE. L THEREOF FOR IIGHWAY PURPOSES,ALSO THE RIGHT TO MANE.ALL 1.E ESSARE SLOPES ' LI FOR CUTS OR FILLS UPON THE LOTS SHORN HEREOIF N THE OROINAL • ?VABGE GRADING OF THE STREETS AND MAFMJES SHORN HEREOF4 IN WITNESS WHERFOF WE HAVE HEREUNTO SET OUR HANDS MO SEALS TWS_;:_:L�w-_DAY Oi- - 'IU,.A.B.,1948 a• _• BRYCETLE ------ -- --j • •�^ LISLuriti.-y.LLk.--- --_•:-- •• STATE ac WASHNGT�DNL ''I•r. - -SF ACItt�IO•IL•LE✓171VICJV 1 COUNTY OF KING f •`',7 •. THIS IS.TO CERTFY THAT ON THIS-__rL_Z __DAY-UF,._Jl6!(!I�''"'••• AD 1948,BEFORE ME,A WAIT P 8-/C:44 AND•POR.THE STATE OF %AmmOTON•DULY COAMISsio ED ANO SW:R N.PERsoriALLY•4PPEARFD BRYTE LITTLE NO WILE V LITTLE eoir[,a•O Mt:'EN,ONN TO OE THE NDNDU4S . DESCRIBED N AND WHO EXECUTED THE WITHIN ATNBI'HLREGOPJ .DEDICATION.MD EAUI ICKNOWLEDGE TO...ME THAT%THEY SIGNED NO:SEA ED THE ✓MY•AS THEIR FREE AHD VOLUNTARY ACT„AMO OEED,•FOR THE' I S MD PURPOSES.THEREIN MENTIONED-S. IN WITNESS WHEREOF,I HAVE,ERELNET(S SET-A W NY WD AND.AFFIR(ED MY OFFICIAL SEAL THE DAY AND YE/YR.FIRST•ABITg WRITTEN': ♦A NOTARY,PIUBZIC N�v1HD HR:EIIATE CF-44-NNGTO RESIDING AL_ cagjIh. R -.. i. may4. i RESTRICTIONS • - NO LOT OR PORTION DI"E LOT WRING•PE4T-SHALL'BE D MO SOLD OR RESOLD.OR OWP RSHI15:CHANGED•C R Sp WIaEREBV THE OWNER SHIP OF. ANY POIR71b14,OF T11S P.Afi:SHWLE-:BE,.LES,S�ThAN THE AREA REQUITED FOR THE LEg DISTRICt STATED OL NAMELY, 8000 • SQUARE FEET FOR REpD€NC -I USE."::; .. , . ALL LOTS IN THIS PUBT, REST ICTED iti.,RESIOENCE R-I USE.WITH A MINIMUM WIDTH OF SIFT I,E8Q1 FEET,GOVERN4D BY RESTRICTIONS.RUTS AND REGULATIONS OF.•COUNTY IDN NO.64M.AND ANY SUBSEQUENT CHANGES MADE TIJEIEU�{;6V OFFKAP6 COUNTY RESOLUTION. No PERSONS DF 8NY RACE THUUL THE WH(TE co CAUCASION RACE SHALL USE OR'OCCUPY,NY BUJLII94G co ANY TRACT EXCEPT fl4Ar THIS RESTRICTION SHAL'L.... EIIW NOT PRT OCCUPANCY 81H DOMESTIC SERVANTS OVA DIFFERENT RACE pO.AIICR,EDWITN:AH:ORNER OR TENNANT. • .,y;.t ;,-,..---°':- CERTIFICATE •,� t I HEREBY.CERTIFY THAt THE PLAP.OF L OR OANy�ANoj► IS BASED L.RON AN ACTUAL SLJVEY MU.SUBOI2SON 4F SECTION THRTY,TOWNSHIP TWENTY- • ONE NORTH RANGE {'�N,� EAST WLL'AMETTE'MERIDWW.THAT THE DISTANCES AND COURSES ARE SNGIWIfCORRFjXLY.THAT MONUMENTS HAVE BEEN SET • rJ!k4. AND LOT BLOCK(DRIERS ARE STAKED•CORRECTLY ON THE GROUND.THAT I HAVE FOUL COMFLED WITH.'TIE PROVISIONS OF THE STATUTES AND 4,4 A t OF THE T S GOVERRyNG RATTING: 'M! -t-•-LICENSE N1p.Wz4. R .NO.E-t13S • .•....;• 7 ,t B�,`;• , REGISTER b'Mi6FESSIONAL ENGINEER AND LAND SURVEYOR (41 VI EXAM4PNID AD APP QED THIS 20 DAY orf AIAC�[.�G:'.PPOI:Q4B ,1,HEFIEBY.ENiFY TMflT THE WITHIN PLAT OF LORIGAN IS DULY t. 7+., APPROVED BY KING,9ZOUNTY PLANNING COMMISSION THIS-26TM____ �`C;.,8 _i. JE .. ;DAR•gf_F�1S6UAR _AD.,B48 #2,filtait_ • f • t EX(V,IP,JED MD'11Ri O/CD Tw5_-- ---DAY oF.11JItfIUA/h__AD'iW18 --- �"� EtE I f OFFICER • ti r/!auusfriounsatr . 4.cam..._;,~ 37.c7 6 8 47 - ,y a• COMMISSIONERS ' c8E-N•Rf�-' " '- t ILEO• ' i ••y"^a; - .o.VM((ssIIOM T_��c.G.___ OF_ T AQ,1948 AT __M IN VOLUME '::ti ". ° • A E • ?� -•• !_-OF PLATS,PTAM-DILL%RECORDS OF KING COUNTY, ayk COMMISSIONERS • • /, -_ WASHINGTON. /" Li ~ �N ¢ Q-__-_• 1331R.41TTAIAAL/DITC14. --- .. f Viz. A- K . + Rr tM • • . SHEET 2 .y t I-. 1 I'ORIGAN. �z. 14 t KING: COUNTY, WASH. ° ... �` SEA- NSW& SEC.3D,TWP 21 N., R 4 EW M. =.t SCALE..•Is 100' JANUTARY 13, 1948 •M°DONALD` ENGR: CO. REVISED-FEBRU4RY 9.1948 TACOMA. Wiq$H. • I '�zta 4 . ot `. 'fin -ARAT- t•• F "' ..: ~% 30 10450 9400 9400 avo 9400`a,l 7MlP: 111351 .,-,... \ .I: I i•: i.,f' d I 1^ '.. is 1 ' i 2 R 3 1 I . I '~ 4^t .5- .4.,„.... ,.... 5 '✓ . \6.; ,yam► ', �y,Jy+/'..ti • st, n3sa 9.0 940 rZ i - s. �Q y»�Jf3[.:� 1 , T•3350 23030 1 % •�/ 1 - 4 - 7 :. 24 a•71634 4 • :2 I 29114 -*LI). ''t' >D1n _ _ ! • '$.17 , 23 - I' 3 if 29071 Y' I ZA2b r•:•. I / $ . i .} I 91 _i i' 0. i ! tiN .t.;. >s w. ui p ' � 10 21 •5 !1)'0 H y> 2ai.a fks. ' 1 2em 2 .::•' ;'�z7s17 1`! ...i •A I= :::-,v..„ A '4,4 I',........;- i 1 Z '• ? •27i9ue c• 2870 29 • 27901 1 / W , . ••••••% •9 ."-,...„,. - r: - e i .• 2�47 ':., 2 • 6V'.••4 :% It. 4 27863 ! l. • • 1f .h $,i1�7 �` .,a-,..........,.:...ryS•x,�•rr,.,s�--• I l LJ C ```10 w}YY.da11 •C 13 - 8.% 8/ ! jeas 242n \ ':i 220 % 'f ;•1 77Aaq 240,2 S I ?d2'3 P620 I ! r I 15 t` 4 ! / 16 - �. 1 i 10 . + 30 -7a7ee 30I30 ''9820 29tf 30• - 2M37 . r7j1 "� I b433 LAs"•o1i , ... '"~ asrss SO:3fOTH ' RAT also° / .33n'3.3 • _ s•-c.eNTER SECTION ' STONE MOIV. • wok 7,pp NAW ,02'E. KO,��.pp, STONE MOK V UNPLA?TED ' '{% 4.,ty. l.� try �S• �?/ • c1 rk ' ti•l»i , . �2),I71� F tf �. �.. ].4.• •• • c402`0.A is") • R0 #78-8-6219 KNOW ALL MEN BY THESE PRESENTS: ' fui 4/o 7&7/40 2' . • For good and valuable consideration, receipt whereof is hereby acknowledged, the undersigned hereby grants a perpetual easement to Pacific Northwest Bell Telephone Company, a Washington Corporation, Its successors and • assigns, with,the,right to place,construct,operate and maintain, Inspect,reconstruct, repair, replace and keep clear a{ with wires, cables, fixtures and appurtenances attached thereto. as the grantee may from time to time require, upon, across, over and/or under the following described property situated in Xing county,state of .sh nxton f A two (2) foot wide easement, being sixty-five (65) feet in length, described as i :. follows: A two (2) foot wide strip of land, parallel to and abutting� the southerly line of South 356th Street, said strip ginning at the west line of 8th Avenue South thence running westerly a distance of sixty-fire (65) feet. All located in the Northeasterly Quarter (NE) of Section Range # East, W ., King County, Washington, 30, Township 21 lilorth,WA., The Grantee shall restore the rock retaining wall parcel of land owned by the.Grantor whichand/or any other�rnte of this maythe exercise of rights and privileges herein be tedtrubsd by the Grantee during granted. 3 EXCISE TAX AID COL OCT251978 S Grantee shall at all times have the right of full and free ingress to and egress from said property for all mentioned.and to remove at any time.any or all of the Coaraw icatl.On line n i il and/or wires.cables.fixtures and appurtenances from the said i . responsible for all damage caused to P►°PertY.with the understanding that grantee shall be t grantor by the exercise of the rights end herein granted. The rinhis.conditions and Provisions of this easement shall inure to the benefit of and be binding4 executors,administrators,successors and assigns of the respective parties hereto upon the heirs. t In witness whereof the undersigned has executed this instrument this. _d r .,,i, , ,, . f'.t t.t .. �- V#$, h•; • t V✓ .ri °f `�---�t19 ti . ;. ; Witham' By: •_ _ _ 41116 t , ,f/M/dleldwal Aekrtoeir STATE OF G$Fs#.-4 '�7lf (Cements Aek�1 ) STATE OF. COUNTY OF '( t 9 ss.} )J COUNTY OF ss• i O^_ s f�ason.l►� T" �lj/N-,t before m.� On this_day of �- c c / —.--4/,/ , `'� • L£C( before me � l!/i/f f /�i/Sd..�.tii� personally appeared to me known lo be the individuad described inf/p/ann,D(do/ywho executed /endforegoing O Me same instrument. "`" d�W that votuntar� act and deed. for the uses andfree and to me known to tx;,the __-... purposes therein R/ . '- fs I57 &i FOR SLOPES AND UfiLITIES Lein. Pt�il-gip • � King County Rea prom) Division EASEME1IT TillS AGREEMENT made this 2'r—�FO day of#„v,e„7/dt2 19 eti , by and between Pink' / ,L , 4¢Nd 1 Job ��/ y1 �,�E. hereinafter called • he cantor, and Y.Inq County, Nashlngton, hefelnaf ter called the Grantee: . WITHESSEPI: WHEREAS, the Grantor herein is the owner of that certain parcel of land 1-1 described as follows: N Lot 2, Block 3, L'Origan Manor, according to the Plat recorded in Volume 45 of Plats. pages 33 and 34, being a portion of the Southeast " 1/4 of the Northwest 1/4 of Section 30, Township 21 North, Range 4 CI East, W.M., King County, Washington. • v♦ • OD and, WHEREAS. is has been found necessary in the construction and improvement of i w SOUTH AND SOUTHWEST 356TH STREET i 4• to construct utilities and make slopes on said property of Grantor for cuts and-fills as q follows: • "+�1.1 I I The Northerly 20 feet of the Easterly three feet, including Northerly • • extension. v N. Contains an area of 63 Sq. Ft., or 0.0014 Acres, M/L 01944Cm tz rjed /2S-0.op • �, k,?,�. EXCISE TAX NOT REQUIRED i .. •.. 1 , AM King Co.Records Division • :: • putt' u 09,11r21 111221 1' REED F .00 W CRSHSL *****.00 ac y .t 55 NOW, THEREFORE, in consideration of the premises, the Grantor hereby agrees that said slopes may be made on his property as hereinbefore set forth, in conformity with • standard plans and specifications for •highway purposes and to the same extent and purposes as if the rights herein granted had been acquired by condemnation proceedings vt,, under Eminent Domain statutes of the State of Washington. IT IS MUTUALLY AGREED AND UNDERSTOOD that this Easement has been conveyed and accepted for public right of way purposes and in the event of abandonment, vacation or relocation of said street, road or highway the rights and Interests In the ahove-' described lands that are herein conveyed, excepting those that pertain to utilities, shall revert to the Grantor, successors and assigns. ,i! ' `4 IN WITNESS WHEREOF, the said Grantor has hereunto signed his name the day and year first above written. 11 i Mr(I Gi�ANTO STATV OF WASIIINGTON ) ,�{�,�N * ,A A r ) ss COUNTY OF KING ) G 11OR On this day personally appeared before me _ ._ to me known to be the individuals) describ�e in and who executed the '�itIin and foregoing instrument. and acknowledged that /f,. • signed the same as J,ei� free and voluntary act and deed. for the uses and purposes therein mentioned. Given under my hand and official seal this 9.— day of //0,/i=rl, ,e , 19 f 9 . 1tD'ARY PUOLIC in'/andf e e o as r ng on, 1 R3AC/SEUI. residing at I4 L*, 1, 1 4 ' J . !� 2119 — 15Th ffra AGRF_EHENT TO RECONSTRUCT DRIVEWAYS Lelli' Philip M. Kind County Rea I peity Oii'ision Th u AGREEMENT made this 24-P2-,� day of Aivitemsgate 19.E , by and between 'ON hereinafter co e t e `ranter, and . ng aunty, as i ngton, hereinafter called the Grantee: WITNESSETII: WHEREAS, the Grantor represents and warrants that he is the owner (tenant, mortgagee) of that certain parcel of land described as follows: C'2 Lot 2. Block 3, L'Origan Manor, according to the Plat recorded in ! Volume 45 of Plats, pages 33 and 34, being a portion of the Southeast 7,1 1/4 of the Northwest 1/4 of Section 30, Township 21 North, Range 4 " East, W.M., King County, Washington. v-1 0) 2) cra '� • •• Ca '2 = EXCISE TAX NOT REQUIRED o ry King Co.Records Division :., :- s By :1 t.0 � .Deputy W ? '~ cc and, WHEREAS, the Grantee is about to perform certain improvement work on SOUTH AND SOUTHWEST 356TH STREET 4 NOW, T1tEREFORE, in consideration of the premises, the Grantor hereby grants to the Grantee by this agreement, the right to locate equipment, and to work on the following described land for the purpose of carrying on said construction activities consistent v with the purposes of the project. b The South 25 feet of the East 5 feet, together with the North 25 feet of the South 65 feet of the East 15 feet. Contains an area of 500 Sq. Ft.. or 0.0115 Acres, M/L THIS INSTRUMENT SUPERCEDES THE INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 8901130174. This agreement shall remain in existence until such time as Grantee will have fully carried out the original construction necessary to complete the project. IN WITNESS WHEREOF, the said Grantor has hereunto signed his name the day and year first above written. ..44/ --/;—.A••• RANIUR 2 ��C nn \ �� Qo �1fRt! An D STATE OF NASIIINGTON ) CRSHSL *****.00 ss 55 COUNTY OF KING On this day personally appeared before me V `/1, /11104�fi�yL«< to me known o be t e f v ua s described in and who executed the within and foregoing instrument, and acknowledged that 4/,0., signed the same as /44,! free and voluntary act and deed, for the uses and purposes therein mentioned. Given under myhand and official seal this 'vv dayof Z� 1/Li'NEir�.�EQ, 1919 . r.,,;:,;. ; Y ' R IC n and f r tie State of Washington, ..,.,,.�. ):*•:"‘‘' residing at .-E,vf r11r 1____.... '`Return Address: . ' :1 :t .: ,� " l✓4akehaven Utility District II�' ,," •Development Services 2002 002 0 ',� 111 l' O Box 4249 +�+ ItTIL AG 0� 92 Federal Way;AVA 98063-4249 0ai ai�iozoFiee4 zz.00 "�,.,,.h.,. r'.- •t KI COINITY,NI IA • .• +mod, • • ''''''''' Ct VER SHEET 3 !ti F Document Title. •.;. •` .,. ,,,••- (NI Latecomer Agreemenl Sil rvr iod;&Rose' ood Lane) `' ..�� �Reference Number(s)• ' a 20010606000371 ..t »t,.: C 3Granto(s . s .- _ • , .,,:920 Prners LC 1.... .'' Lakebaven:Utility District . .5 <`t Legal Description C`J ,`• :`Portions`,¢V 1/z and E %a STR 30-21N-04E,WM,King Co,Wi.V Adtltttoi�al,legal descnptt •",� •'`� on is onExhtbtt"A' of document .,� ''Assessor's Property,,Tax Parcel/Account Number. C'•1 ". 4405606190, 195 and 20a••,,,.: • 44056.1:�0270,901 Q b020,0030;6040,0050,0060,0160 and 0170 768390-0010,•0120'613Q;'0200 and 0210 302104-9149,,,•,9211 9119 and'91v13::` ..wt,: DISTRI T.U$E OP'f)�Y EtOVV IS J 114E , Account Number: .; •... .'ProjecfNuimbe ,. 124510020000OQ/2.245.1,00 2090 9001 ,,•-••t..•.. 6301002 - ,: .r• •Vund'-(cif�cle One)- z , E Qunt:' • t W AT,ERI SFa�VER��JbmIT 22 O.t.. :+ Qv . f I.:• ' ' • t• ;s tF SILVERWOOD&ROSEWOOD LANE I T #' Agreement No 01-491 r ' . i sr - - f .. LATECOMER AGREEMENT S, d r O•• 'IIIIS::i REEIvMENT, en don to in1 duplicate between the`LA SHAVEN UTILITY 'DrSTRICT,a m cfpal:corparatipn,:of the State of Washington, hereinafter referred to as the 3 C. "Dtstnct ,and 9 8t1:`PAHTl!ERS„ ..1;;:C.,C.4.:NQVASTAR DEVELOPMENT,INC., 18215 72ND AVEF4VE SOit'H1 1$$T,t VA 9932;•huttemafter•referred to as the"Developer" A ;.:. WITNESSETI3;�' .1 .Y it"4• ;• ,t a Cal s° I. .:: I' r = rr...,,, • ::;, t7N WHEREAS,the'D veloper haa`erlfereclirltd a Developer Efcte tston Agreement,hereinafter •,'Y j t f. ;- ', .{ • "Agreement",recorded under King d ounty A 4itot'.4'rke Np 200t06000371,to provide for the C) construction of certain sewer improvement*to;serve properr'y owned by e eloper,and • Cam` s 1 s . +'":. r.;. N•'°- WHEREAS,a portion of the improvements coustrubte6`thercunder wf l as a etezinrned by • .. ..C� the District rovide benefit to realtydescnled li "" P ereJir wtucli rs"""loe�ted=a�aceiit to such C•f F' n r f; rY C.., unproyemen'ts,tend• --,r < '' ,'• . (N l WHEREAS pursuant to District Resolution and state-law�tJ e p hires ate authorized to . ti . enter mg;an.agreompnf unitq•which the District would collect an amOtgtt Opregenting a share of • thie:cost of constfu,A on of the unprovemerits from the owner of such benefited firoperty,at the time • of coni ctio ant repint Q1e samerto`DeVeloper,and y' / WHERY.4.S,'the pAirfies 'Wring that the terms for such collection and remittance • contained herein are fain Oqut}}ab1e, ~`'" :,. NOW,THEREFORE,I')C'-YS•A,GREE,11 as.follows., 1. The District here-by ag�'to oiargt-theiproper f c�esecibed on Exhibit"A",attached hereto and by this reference mcorporate&herein,;a proportional share-Ogle cost of the sewer mains constructed pursuant to the Agreement;.ReambursoMent to'•Y yelop'dr shall be conditioned upon payment by the Developer of the Distn&s..x4qurreil depot for admuustration of this latecomer reimbursement agreement and following the:crirdl ptovislon of service to.•such property through the facilities constructed therein Payment to 116elSper,:shalrbe.in further,fi}"or'mance with the provisions set forth m District Resolution No 200462, Sections v) ant 3 C, as'berembefore adopted and as may be subsequently modified or anAide#, a4d alpha file lawn.of lfie,State of Washington 2. Developer agrees to comply with and be subject tiv.all tejcros: La'k of. 1i ien U/hltty'Y " "7 District Resolution No 2001-962,Sections 2 v)and 3 C,as may from tulle to`'r ie.be imetiil d,as; P, a condition of receiving the latecomer benefits herein = . ti j' ;,-' Page 1 F .? f .r J yi• ,Y jK r '3. This wntmg constitutes the full and only agreement between the parties,there being .g .fro p omises, agreements, or understandings, written or oral, except as herein set forth, or as � ' r her inafter may be amended in writing �K. ""4 It is agreed that the Developer is not an agent of the District under the terms of this . r ¢greenlgni arid no act or omission of the Developer shall be deemed an act or omission of the ,:4)tttnctby virtue of the laws of agency i. °•a;, / wiT1�}Essi ilr''hands and seals 9280 PARTN RS,L.tL C ". LAKEHAVEN U11LITY DISTRICT • :• ' d'', • 3 a+ .,,w King County,Washington By - _.,•; 4r=� ? 9 "•�ntrMefnbef• e• 4, r".•:,i EngmeenngManager Its Managi" , Date `!fri0::t., +•` • ,]kited 4', .3c1 L du:,7 r" r 01 j STATE OF WASHINGTON ") ,-'~ `� . .' 1,4 .t t King F'~ 4 C.) County of a" �. +5., • t,A I.certify tha'tI know or have satisfactory evldee a that•:7 i is—A i5PO i 56a signed this t . eht,on oath stated that HE co ��."m �att�oi�zed ta.executi tile'uiafctunent and , c acknoy 1edged it as the Managing Member of "'"-.s92110 R R' 1ERS,/,L C ,to be c�l the free and vol4ntary act of such party for the uses and purposespnnengdiied 1.4 the instrument { DATES —� � 'F.�..•r " f ,r I r .f Y'. 11111 [ tfolv fs ] ' Notary Pubbc lam,WA NE Perm--. [ •P • I • Title 4% ti�r. ,•,: .. j-. i MY'appomtment expires !, 44Otiv For recording to the Stain, of Washington,the Notarial Seal muster ' .: .s• fully legible and cannot intrude into .,.t,:: document margins Please affix seal in ;r' the space provided ▪ �," , .ram :* r,_..:.t, t N.w.nr c Page 2 K. i C • 411:.„ ., EXHIBIT"A" • $ 1 LATECOMER LEGAL DESCRIPTIONS FOR SILVERWOOD AND ROSEWOOD LANE • Agreement No.01-491 „ Lit 2,?4h46!Eashalf of Lot 3,and the East half of Lot 4,Block 3,L'Ongan Manor, according to / the plat thererif Wader! in Volume 45 of Plats, Pages 33 and 34, inclusive, records of King Wa#Upgton Pircej'Ifos 440i60-#1?0,4406o-olv,,,....and 440560-0200) / $ TOGE411:41 WITH Ttact.rA" 1„.42,30, 5, 6, 16, and 17,L'Ongan Manor No 2, accor ding to11e-plat th#recrtrecxag1 m\taupe of Plats,Page 14,records of King County, Washington ; 'Li. •4' j• •••,z, (Tax Parcel Nos 440,61-0270,-44041t00111, 440561-0020, 440561-0030, 440561-0040, 440561-0050,440561-4960A40541-0160,and!s440,. ,1,;0170) •te ; ; • AND TOGETHER WITH Lots 1112030294f and 21, §ecomkgrrace, according to the plat thereof recorded in Volume 86 itfIllits,Pagi3 ,repair ofiKux.C6unty,Washington CN1 •ee S ; Cr% (Tax Parcel Nos 768390-0010,768390-0120.:7611390-0110,168390-)2Q94.and 768390-0210) N't ;.."%• N"-- AND TOGETHER WITH the West 150 feeiof Lot}of KinggoliirtyShort.131at NO '5/7043,as • • C:) recorded tirider.kuditor's File No 7711221020iecordr(orKui CoRpft Ig?astillngt94 / • CD ••• • ; • NI (Tax Poke!/sifo,302104-9149) •••t— r; .‘• ;' -e ••• .; • ANDiivainfiERiwrrn Lot 1 of King County Short Plat.NeT178112,43 recorded under .• AudAor's•File tfo 7908170998,records of King County,Washirlgtpli,..; f •e: — ; Paice I No 3911114-9Tti)• / st ••••'. • At )TOG71112 TII the West 150 feet of the West half of the South half of the South two-linrds of e,§outh half of theApthWest quarter of the Southwest quarter of the Northeast quarter'bfeectio#30/Toimship,21Norill,Range 4 East,W M,in King County,Washington, _ _ EXCEPT,that ponartiof Sikprebuss it conveyed to the City of Federal Way by deed recorded hider Audits .101eNe. 98021/9431,records of King County,Washington ;.• ; (Tax Parcel No 302104-911y) AND TOGETHER WITH ific.WestjA5(ifeelofie West 314 Art of the North one-third of the North half of the Northwest Ctuarfer f title Nortivi've$i qualief':of the Southeast quarter of Section 30,Township 21 North,Range 4 Easwm.im;King County,Washington, :,•••• • •:;„ „.. ; 4 5 EXCEPT the West 30 feet thereof--,/ •••• (Tax Parcel No 302104-9113) •••••• t;•.• •!: :1•••!. / f 20040218001137.001 ll AFTER RECORDING MAIL TO: 2. l/4Tui0 pp i20 111111111 8 137 Oanh Nguyen / 4 801 Southwest 356th Street KXI UR • Federal Way,WA 98203 E2018762 Filed for Record at Request of K ax The Group, ow Number NL 308JF 0TAX ��t4og.ee W1000o1 OF e" EscSpecial Warranty Deed Grantor(s) Household Financial Corporation • Grantee(s) Oanh Nguyen COMMO) u LAND Una O Abbreviated Legal LOT 2 BLOCK 3 L'ORIGAN MANOR RIP /J` Assessor's Tax Parcel Number(s) 4405600190 flJi1 Fl Financialerati THE GRANTOR Household Financial Corporation for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid,bargains,sells and conveys to Oanh Nguyen,a single woman the following described real estate,situated in the County of King,State of WA LOT 2 IN BLOCK 3 OF L'ORIGAN MANOR,AS PER PLAT RECORDED IN VOLUME 45 OF PLATS, PAGE 33,RECORDS OF KING COUNTY AUDITOR, SITUATE IN THE CITY OF FEDERAL WAY,COUNTY OF KING,STATE OF WASHINGTON Subject to Special Exceptions-Ezhrbu•A'attached hereto and made a part thereof The Ginter(:)for himself/herself/themselves and for hrs/hedtheir successors us interest do(es)by these presents expressly limit the covenants of the deed to those herein expressed,and exclude all covenants arising or to arise by statutory or other implication,and do(es)hereby covenant that against all persons whomsoever lawfully claiming or to claim by,through,or under said Grantors)and not otherwise, he/she/they will forever warrant and defend the said described real estate Dated 2/09/2004 Hou in on y utbonxed Signor =1tel 1U10Lz3�.rp STATE OF � } County of } SS I certify that I know or have satistlatory evidence i •' Ella tO signed this ,1., on ihat• , , to execute the 1n tpJmertt and acknowledged it as the / �,u,�, of �{��_ tothe free and unary act of web party for the uses and purposes mentioned in this instrument Dated a/0�Q P.A.Cot ypq ry Pub inlicand for the State of /Ai) 4L — �!�� Goantntpiop r f�Opg{ Restdtng at • .;•; Who Pabbe--Ca lamia My appomtioont mcprres //—/7—0 3` V r% LosMpeksCounl r hbcattm sphasNsvl7 zat Pap t of' LPB-10 20040218001137.002 Exhibit"A" EASEMENT AND THE TERMS AND CONDITIONS THEREOF* GRANTEE' PACIFIC NORTHWEST BELL AND TELEPHONE COMPANY PURPOSE UNDERGROUND COMMUNICATION LINES,CONDUITS AND MANHOLES AREA AFFECTED' A PORTION OF SAID PREMISES RECORDED. OCTOBER 25,1978 RECORDING NO• 7810250741 RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON THE LAND HEREIN DESCRIBED AS GRANTED TO KING COUNTY BY DEED RECORDED UNDER RECORDING NO. 8911211221 ALL COVENANTS,CONDITIONS,RESTRICTIONS,RESERVATIONS,EASEMENTS OR OTHER SERVITUDES,IF ANY,DISCLOSED BY THE RECORDED PLAT OF L'ORIGAN MANOR THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS,COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF. RECORDED: NOVEMBER 12,1989 RECORDING NO.: 891121222 REGARDING: RECONSTRUCTION OF DRIVEWAYS AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED' AUGUST 12,2002 RECORDING NO.• 20020812001392 REGARDING LATECOMER AGREEMENT • 20040218001139.001 pilule 11111 200402 8001 39 TN K.9 aSiTT 24 28.tii Return To TransUnion Settlement Solutions, Inc Attn Recording Department 5300 Brandywine Parkway Suite 100 Wilmington, DS 19803 Assessor's Parcel or Account Number 440560019000 Abbreviated Legal Description tom"2 in Stock- .5 of L`th"tIPA MaAn.oC llndsde lot,block and plater section,township and range] Full legal desernphon located on page '(p / (Space Above tier lace Pot Recording Data] V/ COALM,21114111ALTH LAND sir 023�2 DEED OF TRUST 111 THIS DEED OF TRUST is made this 9th day of February ,2004 among the Grantor, °anti Nguyen, A Single Woman (harem"Borrower"), Karen L Gibbon, P S. (herein"Trustee").and the Beneficiary, Aames Funding Corporation DBA Acmes Home Loan ,a corporation organized and existing under the laws of The State of California ,whose address is 350 South Grand Avenue, 42nd Floor, Los Angeles, CA 90071 *sem•j , BORROWER.in consideration of the indebtedness herein recited and the trust herein created,irrevocably grants and conveys to Trustee,in trust,with power of sale,the following described property located m the County of King ,State of Washington which has the addreitsOf 801 8OrmitisBT 356TH STREET FEDERAL WAY (Eves[] (C Washington Nity] (herein"Property Address); (ZIP Code] TOGETHER with all the uaprovements now or hereafter erected on the property,and all easements, rights, appurtenances and rents(subject however to the rights and authorities given herein to Lender to collect and apply such rents),all of which shall be deemed to be and remain a part of the property covered by tins Deed of Trust,and all of the foregoing,together with said property(or the leasehold estate if this Deed of Trust is on a leasehold)are hereinafter referred to as the'Property," WASHINGTON-SECOND MORTGAGE-1180-FNMA/FH-MC UNIFORM INSTRUMENT DOC a 024601 P.PPL 9 0009021476 -T5(WA)(9812) Form 8848 Page 1 of 5 as MS- N 1111111111111111 VMP MORTGAGE FORME (800)521-7291 20040218001139.002 TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated February 9, 2004 and extensions and renewals thereof(herein"Note"),in the principal sum of U S S 35,680 00 ,with interest thereon,providing for monthly installments of principal and interest, with the balance of the indebtedness, if not sooner paid, due and payable on March 1, 2024 ,the payment of all other sums,with interest thereon,advanced in accordance herewith to protect the security of this Deed of Trust,and the performance of the covenants and agreements of Borrower herein contained Borrower covenants that Borrower is lawfully sewed of the estate hereby conveyed and has the right to grant and convey the Property,and that the Property a unencumbered,except for encumbrances of record Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands,subject to encumbrances of record UNIFORM COVENANTS Borrower and Lender covenant and agree as follows. L Payment of Prindpat and Interest. Borrower shall promptly pay when due the principal and mterest indebtedness evidenced by the Note and late charges as provided in the Note 2.Funds for Taxes and Insurance.Subject to applicable law or a written waiver by Lender,Borrower shall pay to Lender on the day monthly payments of principal and interest are payable under the Note,until the Note is paid in full,a sum(herein"Funds')equal to one-twelfth of the yearly taxes and assessments(including condominium and planned unit development assessmaus,if any)winch may attain priority over this Deed of Trust,and ground rents on the Property,if any,plus one-twelfth of yearly premium installments for hazard insurance,plus one-twelfth of yearly premium installments for mortgage insurance,if any,all as reasonably estimated aurally and from time to thine by Lender on the basis of assessments and bills and reasonable estimates thereof Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to die holder of a prior mortgage or deed of trust if such holder is an institutional Lender If Borrower pays Funds to Lender,the Funds shall be held in an institution the deposits or accounts of which are insured or guaranteed by a federal or see agency(including Lender if Lender is such an institution) • Lender shall apply the Funds to pay said taxes,assessments,manmtce pretnmma and ground rents Lender may not charge for so holding and applying the Funds,analyzing said account or verifying and compiling said assessments and bills,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge Borrower and Leader may agree in writing at the time of execution of this Deed of Trust that interest on the Funds shall be paid to Borrow,and unless such agreement is made or applicable law requires such interest to be paid,Leader shall not be required to pay Borrower any interest or earnings on the Funds Lender shall give to Borrower,without charge,au annual accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to the Funds was made The Funds are pledged as additional security for the sums secured by this Deed of Trust If the amount of the Funds held by Lender,together with the future monthly installments of Funds payable prior to the due dates of taxes,assessments,insurance premiums and ground rents,shalt exceed the amount required to pay said taxes,assessments,insurance premiums and ground rents as they fall due.such excess shall be,at Borrower's option,either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds If the amount of the Funds held by Leader shall not be sufhcwit to pay taxes, assessments,insurance premiums and ground rents as they fall due,Borrower shall pay to Lender any amount necessary to make up the deficiency in one or more payments as Lender may require Upon payment in lUll of all sums secured by this Deed of'rust.Leader shall promptly refund to Borrower any Funds held by Lender If under paragraph 17 hereof the Property is sold or the Property is otherwise acquired by Lender,Lender shall apply,no later than immediately prior to the sale of the Property or its acquisition by Lender,any Funds held by Lender at the time of application as a credit against the sums secured by this Deed of Trust 3.Application of Payments. Unless applicable law provides otherwise, all payments received by Lender underthe Note and paragraphs 1 and shall be applied by Lender first in payment of amounts payable to Lender by Borrow under paragraph 2 hereof,then to interest payable on the Note,and then to the principal of the Note 4 Prior Mortgages and Deeds of Trust;Charges;Liens.Borrower shall perform all of Borrower's obligations under any mortgage,deed of trust or other security agreement with a hen which has priority over this Deed of Trust.including Borrower's covenants to make payments when due Borrower shall pay or cause to be paid all taxes,assessments and other charges,fines and impositions attributable to the Property which may attain a priority over this Deed of Trust,and leasehold payments cc ground rents.if any S.Hazard Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire,hazards included within the term"extended coverage."and such other hazards as Lander may require and in such amounts and for such periods as Lender may require The insurance earner providing the insurance shall be chosen by Borrower subject to approval by Lender, provided,that such approval shall not be unreasonably withheld All insurance policies and renewals thereof shall be in a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to Lender Lender shall have the right to hold the policies and renewals thereof,subject t0 the terms of any mortgage,deed of trust or other security agreement with a hat which has priority over this Deed of '[lust In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss if not made promptly by Borrower. If the Property is abandoned by Borrower,or if Borrower fails to respond to Lender within 30 days from the date notice a mailed by Lender to Borrower that the insurance earner offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to die sums secured by this Deed of Trust DOC s 024602 APBs.. s 0009024426 ON Initials ett-76(WA)(9812) Page 2 el 5 Form 88411 20040218001139.003 • 6. Preservation and Maintenance of Property; Leaseholds; Condominiums; Planned Unit Developments. Borrower shall keep the Property in good repair and shall not comma waste or permit impairment or deterioration of the Property and shall comply with the provisions of any lease if this Deed of Trust is on a leasehold If this Deed of Trust is on a unit in a condominium or a planned unit development, Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or governing the condominium or planned unit development.the by-laws and regulations of the condominium or planned unit development,and constituent documents 7.Protection of Lender's Security.If Borrower fails to perform the covenants and agreements contained m this Deed of Trust,or if any action or proceeding is commenced which materially affects Lender's interest in the Property,then Lender,at Lender's option,upon notice to Borrower,may make such appearances,disburse such sums,including reasonable attorneys' fees, and take such action as is necessary to protect Leader's interest If Lender required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates in accordance with Borrower's and Lender's written agreement or applicable law Any amounts disbursed by Lender pursuant to this paragraph 7,with interest thereon,at the Note rate, shall become additional indebtedness of Borrower secured by this Deed of Trust Unless Borrower and Lender agree to other tams of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof Nothing contained in this paragraph 7 shall require Leader to incur any expense or take any action hereunder 8.Inspection.Lender may make or cause to be made reasonable entries upon and inspect ions of the Property,provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause therefor related to Lender's interest in the Property 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of the Property,or part thereof,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender,subject to the tarns of any mortgage.deed of trust or other security agreement with a hen which has priority over this Deed of Trust 10.Borrower Not Released;Forbearance By Lender Not a Waiver.Extension of the time for payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor in interest of Borrower shall not operate to release,m any manner,the liability of the original Borrower and Borrower's successors in interest Lender shall not be required to commence proceedings against such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any demand made by the original Borrower and Borrower's successors in interest Any forbearance by Lauder in exercising any right or remedy hereunder,or otherwise afforded by applicable law,shall not be a waiver of or preclude the exercise of any such right or remedy 11. Successors and Assigns Bound; Joint and Several Liability; Card/piers. The covenants and agreements herein contained shall bind,and the rights hereunder shall mime to,the respective successors and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower shall be joint and several Any Borrower who co-signs this Deed of Trust,but does not execute the Note,(a)is co-signing this Deed of Trust only to grant and convey that Borrower's interest in the Property to Trustee under the terms of this Deed of Trust,(b)ma not personally liable on the Note or under this Deed of Trust,and(c)agrees that Lender and any other Borrower hereunder may agree to extend,modify, forbear,or make any other accommodations with regard to the terms of this Deed of Trust or the Note,without that Borrower's consent and without releasing that Borrower or modifying this Deed of Trust as to that Borrower's interest in the Property 12.Notice.Except for any notice required under applicable law to be given in another manner,(a)any notice to Borrower provided for in this Deed of That shall be given by delivering it or by mailing such notice by certified mail addressed to Borrower at the Property Address or at such other address as Borrower may designate by nonce to Lender as provided herein,and(b)any notice to Lender shall be given by certified mail to Lender's address stated herein or to such other address as Lender may designate by notice to Borrower as provided harem My notice provided for in this Deed of That shall be deemed to have been given to Borrower or Lender when given in the manner designated heron 13.Governing Law;Severability.The state and local laws applicable to this Deed of Trust shall be the laws of the jurisdiction m w inch the Property is located The foregoing sentence shall not hmrt the applicability of federal law to this Deed of Trust In die event that any provision or clause of this Deed of Trust or die Note conflicts with applicable law,such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given effect without the conflicting provision,and to this end the provision of this Deed of Trust and the Note are declared to be severable As used herein,"costs,""expenses"and"attorneys'fees"include all sums to the extent not prohibited by applicable law or luinted herein 14.Borrower's Copy.Borrower shall be furnished a conformed copy of the Note and of this Deed of Trust at the time of execution or after recordation hereof 15.Rehabittaton Loan Agreement.Borrower shall fulfill all of Borrower's obligations under any home rehabilitation,mnpnovement,repair,or other loan agreement which Borrower enters into with Lender Lender,at Lender's option,may require Borrower to execute and deliver to Lender,in a form acceptable to Lender,an assignment of any rights,claims or defenses which Borrower may have against parties who supply labor,materials or services m connection with improvements made to the Property. DOC a 024603 APPL 5 0009024476 Initials ON 1%•79(WA)(9812) Page 9 of 5 Form 3844 20040218001139.004 • . 16.Transfer of the Property ore Beneficial Interest In Borrower.If all or any part of the Property or any interest m it is sold or transferred(or if a beneficial interest m Borrower is sold or transferred and Borrower is not a natural person)without Lender's prior written consent,Lender may,at as option,require immediate payment in full of all sums secured by this Dead of Trust However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Deed of Trust If Lender exercises this option,Lender shall give Borrower nonce of acceleration The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Deed of Trust If Borrower fads to pay these sums prior to the expiration of this period,Lender may invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower NON-UNIFORM COVENANTS Borrower and Leader further covenant and agree as follows 17.Acceleration;Remedies.Except as provided in paragraph 16 hereof,upon Borrower's breach of any covenant or agreement of Borrower in this Deed of Trust,Including the covenants to pay when due any sums secured by this Deed of Trust,Lender prior to acceleration shall give notice to Borrower as provided in paragraph 12 hereof specifying:(1)the breach;(2)the action required to cure such breach; (3)a date,not less than 10 days from the date the notice is mailed to Borrower,by which such breach must be cured;and(4)that failure to cure such breach on or before the date specified in the notice may result in acceleration of the sums secured by this Deed of Trust and sale of the Property at public auction at a date not less than 120 days in the future.The notice shall further inform Borrower of(i)the right to reinstate after acceleration,(ii)the right to bring a court action to assert the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure,and(id)any other matters required to be included hi such notice by applicable law.If the breach is not cured on or before the date specified in the notice,Lender at Lender's option may declare all of the sums secured by this Deed of Trust to be immediately due and payable without f iurher demand and may invoke the power of sale and any other remedies permitted by applicable law.Lender shall be entitled to coiled all reasonable costs and expenses incurred In pursuing the remedies provided hi this paragraph 17, including, but not limited to, reasonable attorneys'fees. If Lender Invokes the power of sale,Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold.Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require.After the lapse of such thne as may be required by applicable law and after publication of the notice of sale,Trustee,without demand on Borrower,shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated In the notice of sale in one or more parcels and in such order as Trustee may determine.Trustee may postpone sale of the Property for a period or periods not exceeding a total of 30 days by public announcement at the time and place fixed in the notice of sale.Lender or Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty,expressed or implied The recitals In the Trustee's deed shall be prima fade evidence of the troth of the statements made therein.Trustee shall apply the proceeds of the sale in the following order: (a) to all reasonable costs and expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys'fees and costs of title evidence;(b)to all sums secured by this Deed of Trust;and(c)the excess,if any,to the person or persons legally entitled thereto,or to the Clerk of the Superior Court of the County in which the sale took place. 18.Borrower's Right to Reinstate.Notwithstanding Lender's acceleration of the sums secured by this Deed of Trust due to Borrower's breach,Borrower shall have the right to have any proceedings begun by Lender to enforce this Deed of Trust discontinued at any time prior to the earlier to occur of(i)the tenth day before sale of the Property pursuant to the power of sale contained m tus Deed of Trust or(u)entry of a Judgment enforcing this Deed of Trust if (a)Borrower pays Lender all sums which would be then due under this Deed of Trust and the Note had no acceleration occurred,(b)Borrower cures all breaches of any other covenants or agreements of Borrower contained m this Deed of Trust, (c) Borrower pays all reasonable expenses incurred by Lender and Trustee in enforcing the covenants and agreements of Borrower contained in this Deed of Trust,and in enforcing Lender's and Trustee's remedies as provided in paragraph 17 hereof, including,but not limited to,reasonable attorneys' fees,and(d)Borrower takes such action as Lender may reasonably require to assure that the lien of this Deed of Trust,Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Deed of Trust shall continue unimpaired Upon such payment and cure by Borrower,this Deed of Trust and the obligations secured hereby shall remain in full force and effect as if no acceleration had occurred 19.Assignment of Rents;Appointment of Receiver;Lender in Possession.As additional security hereunder,Borrower hereby assigns to Lender the rents of the Property,provided that Borrower shall,prior to acceleration under paragraph 17 hereof or abandonment of the Property,have,the right to coiled and retam such rents as they become due and payable Upon acceleration under paragraph 17 hereof or abandonment of the Property.Lender,in person.by agent or by judicially appointed receiver shall be entitled to enter upon,take possession of and manage the Property and to collect the rents of the Property ua9uding those past due All rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collection of rents. including,but not lrmmed to,receiver's fees,premiums on receiver's bonds and reasonable attorneys'fees,and then to the sums secured by this Deed of Trust Lender and the receiver shall be liable to account only for those rents actually received DOC! 024604 APPL 4 0009024476 Initials ON! et-7e(WA)(9812) Page 4 of 6 Fora 9s48 20040218001139.006 20.Reconveyance.Upon payment of all sums secured by this Deed of Trust,Lender shall request Trustee to reconvey the Property and shalt surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled thereto Such person or persons shall pay all costs of recordation,if any 21.Substitute Trustee.In accordance with applicable law,Lender may from time to nine appoint a successor trustee to any Trustee appointed hereunder who has ceased to art Without conveyance of die Property,the successor trustee shall succeed to all the title,power and duties conferred upon the Trustee herein and by applicable law 22.Use of Property.The Property is not used principally for agricultural or farming purposes REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender request the holder of any mortgage,deed of trust or other encumbrance with a hen which has priority over this Deed of Trust to give Notice to Lender,at Lender's address set forth on page one of this Deed of Trust,of any default under the superior encumbrance and of any sale or other foreclosure action IN WITNESS WHEREOF,Borrower has executed this Deed of Trust (Seal) (Seal) �Oanh Nguyen -Borrower -Borrower (Seep (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower STATE OF WASHINGTON County of .) 1 g On this day personally appeared before me cant Nguyen to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned _,,,_ GIVEN under my hand and official seal this (fit " -day of flAC(/ MEGAN A WILLIAMS aCi/O NOTARY PUBLIC Noury Public for the Slate us at W4rhv�tea.ro,idm8 et STATE OF WASHINGTON COMMISSION EXPIRES My APP°Intrneat Pig 011 C DECEMBER 92007 DOC a 024605 AWL If 0009024476 •-78(WA)(9812) Pace 5 of 5 Form 8848 • 20040218001139.006 LOT 2 IN BLOCK 3 OF L'ORIGAN MANOR,AS PER PLAT RECORDED IN VOLUME 45 OF PLATS,PAGE 33, RECORDS OF KING COUNTY AUDITOR, SITUATE IN THE CITY OP FEDERAL WAY,COUNTY OF KING,STATE OF WASHINGTON 20040218001139407 SUBORDINATION EXHIBIT TO DEED OF TRUST, This Deed of Trust is second and subordinate to that certain Deed of Trust dated February 9,2004,in favor of Aames Funding Corporation D Aames Home Loan,m the amount of$142,720.00,which was recorded on 2 o�(/t' ,under recording no. 094trn {I * 20050208000697.001 i I I i II, 1 II ; t 1 I I li } j I I 11 20050208000697 ODguskiC20 DT 39.00 K aUNTrlta After Recording Return To: Sebring Capital Partners,Limited Partnership 4000 International Pkwy, #3000 Carrollton,Texas 75007 DEED OF TRUST Grantor(s)OANH NGUYEN,A SINGLE PERSON Grantee(s)SEBRING CAPITAL PARTNERS,LIMITED PARTNERSHIP Legal Description LOT(S) 2, BLOCK 3, L'ORIGAN MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS,PAGE(S)33,RECORDS OF KING COUNTY, WASHINGTON.SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. Assessor's Property Tax Parcel or Account Number `t`V)SZeb -- MO — 0b Reference Numbers of Documents Assigned or Released 1111111I11111111111111111I1111II11IIII1III111111111111I1111I111111I111111111111111111 I11111 I10111 G + 4 6 4 7 2 2 + 1 0 0 1 + 0 0 1 + 0 0 1 + C O v R OLD REPUBLIC TIRE LTD. 13.r�$-T4- kli • 20050208000697.002 After Recording Return To: Sebring Capital Partners, Limited Partnership 4000 International Pkwy,#3000 Carrollton,Texas 75007 Loan Number 464722 MERS Number 1002656-0000464722-3 DEED OF TRUST DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated FEBRUARY 1,2005,together with all Riders to this document. (B) "Borrower" is OANH NGUYEN, A SINGLE PERSON. Borrower is the trustor under this Security Instrument. (C) "Lender" is SEBRING CAPITAL PARTNERS, LIMITED PARTNERSHIP. Lender is a CORPORATION organized and existing under the laws of THE STATE OF DELAWARE. Lender's address is 4000 INTERNATIONAL PKWY,#3000,CARROLLTON,TEXAS 75007. (D) "Trustee"is OLD REPUBLIC TIME, t, (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware,and has an address and telephone number of P.O.Box 2026,Flint,MI 48501-2026,tel. (888)679-MERS. (F) "Note" means the promissory note signed by Borrower and dated FEBRUARY 1,2005.The Note states that Borrower owes Lender TWO HUNDRED FIVE THOUSAND TWO HUNDRED AND 00/100tbs Dollars (U.S.5205,200.00) plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MARCH 1,2035. (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (II) "Loan" means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest. WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 (pdge I of 14 pages) 1IIIII111111I1Uli1III1111111I1I11I111111I111111111111II111111I111I111111IINIIlIII111111111IdIII1ll11 G + 4 6 4 7 2 2 + 1 0 0 1 + 0 0 1 + 0 1 4 + D E E D 20050208000697.003 • ' (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: ►;f Adjustable Rate Rider O Condominium Rider D Second Home Rider O Balloon Rider ❑Planned Unit Development Rider ®Floor Rate Rider O 1-4 Family Rider OBiweekly Payment Rider (J) "Applicable Law"means all controlling applicable federal,state and local statutes,regulations,ordinances and administrative rules and orders (that have the effect of law)as well as all applicable final,non-appealable judicial opinions. (K). "Community Association Dues, Fees, and Assessments" means all dues,fees,assessments and other charges that are imposed on Borrower or the Property by a condominium association,homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds,other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal,telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone,wire transfers, and automated clearinghouse transfers. (M) "Escrow Items"means those items that are described in Section 3. (N) "Miscellaneous Proceeds" means any compensation, settlement,award of damages,or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5)for:(i)damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property;(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of,or default on,the Loan. (P) "Periodic Payment" means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of this Security Instrument. (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation,Regulation X(24 C.F.R.Part 3500), as they might be amended from time to time,or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan"even if the Loan does not qualify as a"federally related mortgage loan"under RESPA. (R) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS(solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender (i) the repayment of the Loan,and all renewals,extensions and modifications of the Note; and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale,the following described property located in the County of KING [Type of Recording Jurisdiction] [Name of Recording Jurisdiction] LOT(S) 2, BLOCK 3,L'ORIGAN MANOR,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE(S)33,RECORDS OF KING COUNTY, WASHINGTON. WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 page 2 of 14 pages) 11111111I 11111111n1 III)IIII 111 H11 IIII II 11I hill 111 s111111 II 11 IIII ulll III 11 II I1111 III I11i 111111111111I Ili M u11 G + 4 6 4 7 2 2 + 1 0 0 1 + 0 0 2 + 0 1 4 + D E E D • 20050208000697.004 • SITUATE IN THE COUNTY OF KING,STATE OF WASHINGTON. which currently has the address of 801 SW 356TH ST [Street] FEDERAL WAY ,Washington 98023 ("Property Address"): [City] [Zip Code] TOGETHER WITH all the improvements'now or hereafter erected on the property,and all easements, appurtenances, and fixtures now or hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument,but, if necessary to comply with law or custom,MERS(as nominee for Lender and Lender's successors and assigns)has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including,but not limited to,releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real ProPerty. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal,Interest, Escrow Items,Prepayment Charges,and Late Charges.Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms,as selected by Lender: (a) cash; (b) money order; (c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency,instrumentality,or entity; or (d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 Oage 3 of 14 pages) 111111 III II 1111111 III Idl III III IIII 11 III 111 IIII IINI IIII 1 I II 1111111111 II 1111111.1111 I 1 III 1111 III III II Il l + 4 6 4 7 2 2 + 1 0 0 1 + 0 0 3 + 0 1 4 + D E E D 20050208000697.005 s. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds.Except as otherwise described in this Section 2,all payments accepted and applied by Lender shall be applied in the following order of priority: (a)interest due under the Note; (b) principal due under the Note; (c)amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument,and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding,Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that,each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3. Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum(the"Funds')to provide for payment of amounts due for: (a)taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property,if any;(c)premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called 'Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any,be escrowed by Borrower,and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,Borrower shall pay directly,when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,as the phrase 'covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,Borrower shall pay to Leader all Funds,and in such amounts,that are then required under this Section 3. Lender may, at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b)not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01(page 4 of 14 pages) 11111111111111 IIII IIII 11lil IIII IIII 1 III III IIII I111 1111 II III 11 Ill 111 IIIII 11 a1111 III III 111111111 IIII G + 4 6 4 7 2 2 + 1 0 0 1 + 0 0 4 + 0 1 4 + D E E D 20060208000697.006 The Funds shall be held in an institution whose deposits are insured by a federal agency,instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured)or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds,annually analyzing the escrow account, or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and Applicable Law .permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however,that interest shall be paid on the Funds. Lender shall give to Borrower,without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow,as defined under RESPA,Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as.required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens.Borrower shall pay all taxes,assessments,charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property, if any,and Community Association Dues,Fees,and Assessments,if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by,or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,but only until such proceedings are concluded;or (c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term'extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires.pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance.shall be chosen by Borrower subject to Lender's right to. disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,either: (a)a one-time charge for flood zone determination,certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination • resulting from an objection by Borrower. WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01(page S of 14 pages) 11111111111111111111111111111111111111111111111111111111111111111111 UI I pi11111111 11111 11111111 G + 4 6 4 7 2 2 + 1 0 0 1 + 0 0 5 + 0 1 4 + D E E D 20060208000697.007 • If Borrower fails to maintain any of the coverages described above,Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender,but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk,hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to,or destruction of, the Property, such policy shall Include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any,paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned premiums paid by Borrower)under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy. Borrower shall occupy,establish,and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy,unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld,or unless extenuating circumstances exist which are beyond Borrower's control. WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 (page 6 of 14 pages) 111111 I 1 II fll�11111E11111 hill 111 I 1 Ili IIIII IIIII 11111 11 III lilt 11111 1111 IIIII III 1111 II1 III 111 IIIII illl III IIII G + 4 6 4 7 2 2 + 1 0 0 1 + 0 0 6 + 0 1 4 + D E E D 20060208000697.008 7. Preservation, Maintenance and Protection of the Property;Inspections.Borrower shall not destroy, damage or impair the Property,allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property,Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of,the Property.Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if,during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender(or failed to provide Lender with material information)in connection with the Loan. Material representations include,but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If(a) Borrower fails to perform the covenants and agreements contained In this Security Instrument,(b)there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes,but is not limited to,entering the Property to make repairs,change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions,and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,with such interest,upon notice front Lender to Borrower requesting payment. If this Security.Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If,for any reason,the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01(page 7 of 14 pages) I IIIIII ill I 1 IH 1lll Ill IIII 111I II1111 III11111 IIIII IIIII I111 II IIII 11III 1111111 IIII ICI 111111 I II IINI I11l 1111 NII 4 + 4 6 4 7 2 2 + 1 0 D 1 + 0 0 7 + 0 1 4 + D E E D 20050208000697.009 the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage(in the amount and for the period that Lender requires)provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,or to provide a non-refundable loss reserve,until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note)for certain Iosses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or parties)to these agreements. These agreements.may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note,another insurer, any reinsurer,any other entity, or any affiliate of any of the foregoing,may receive(directly or indirectly)amounts that derive from (or might be characterized as)a portion of Borrower's payments for Mortgage Insurance,in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed "captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance,and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law.These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture.All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 (page 8 of 14 pages) 111111 II 1111111111 Illl IIII III 11i 1111 I111111111 II 1 Il ill 1111 IIII 111 III II III 11 111N I11111 dill 111 G + 4 6 4 7 2 2 + 1 0 0 1 + 0 0 8 + 0 1 4 + D E E D 20050208000697.010 single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any,paid to Borrower. In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction,or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking,destruction,or loss in value divided by(b)the fair market value of the Property immediately before the partial taking,destruction,or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction,or loss in value of the Property in which the fair market value of the Property immediately before the partial taking,destruction,or loss in value is less than the amount of the sums secured immediately before the partial taking,destruction,or loss in value,unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if,after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence)offers to make an award to settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. *Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal,is begun that,in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,if acceleration has occurred, reinstate as provided in Section 19,by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument. The proceeds of any award or claim for • damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All MIscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released;Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,without limitation, Lender's acceptance of payments from third persons,entities or Successors In Interest of Borrower or In amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. WASHINGTON-Singk Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 (page 9 of I4 pages) I Mill 11111111111111 11111111110111111130 11111111111111111111111110111111110111111111111 III 6 + 4 6 4 7 2 2 + 1001 + 009 + 0 1 4 + D E E D 20060208000697.011 • • 13. Joint and Several Liability; Co-signers;Successors and Assigns Bound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note(a"co-signer"): (a)is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally obligated to pay the sums secured by this Security Instrument; and(c) agrees that Lender and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to,attorneys'fees,property inspection and valuation fees. In regard to any other fees,the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal,the reduction will be treated as a partial prepayment without any prepayment charge(whether or not a prepayment charge is provided for under the Note). Borrower's acceptaneP of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 1S. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to.Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address If sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. if Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or.by mailing it by first class mail to I ender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law;Severability;Rules of Construction.This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. WASHING ON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01(page 10 of 14 pages) I IIII 1111111111111111111 dill Hill lilt 111 III IIII 111111111111 II 111 IIII IIII 111 i 1 I IIII III IIII II I IIII IIII HI Hll1 lI Ill G + 4 6 4 7 2 2 + 1 0 0 1 + 0 1 0 + 0 1 4 + D E D 20050208000897.012 • As used in this Security Instrument; (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender;(b)words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including,but not limited to,those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred)without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration.If Borrower meets certain conditions,Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a)five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate;or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower;(a)pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including,but not limited to,reasonable attorneys'fees,property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and(d)takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security Instrument,shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,as selected by Lender: (a)cash; (b) money order; (c)certified check,bank check,treasurer's check or cashier's check,provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity;or(d) Electronic Funds Transfer. Upon reinstatement by Borrower,this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However,this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer;Notice of Grievance.The Note or a partial interest in the Note (together with this Security Instrument)can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity(known as the"Loan Servicer")that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument,and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer,the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 (page 11 of 14 pages) IIIIIII-IIIIIIIIIIIII IIII1I11 IIIIIIIIIIIIIIIIIIIIIi III I III IIIIIIII11II11i11IIIIliiIg III IIaili11lIla G 4 6 4 7 2 2 + 1 ❑ 0 1 + 0 1 1 + ❑ 1 4 + D E E D 20050208000697.013 • • Neither Borrower nor Lender may commence, join, or be joined to any judicial action(as either an individual litigant or the member of a class)that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of,or any duty owed by reason of, this. Security Instrument, until such Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section 15)of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken,that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a)"Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products,toxic pesticides and herbicides, volatile solvents,materials containing asbestos or formaldehyde,and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,remedial action,or removal action, as defined in Environmental Law;and(d)an"Environmental Condition"means a condition that can cause, contribute to,or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances,on or in the Property. Borrower shall not do,nor allow anyone else to do,anything affecting the Property(a)that is in violation of any Environmental Law,(b) which creates an Environmental Condition, or(c)which, due to the presence,use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence,use,or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including,but not limited to,hazardous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b)any Environmental Condition, including but not limited to, any spilling, leaking, discharge,release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence,use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns,or is notified by any governmental or regulatory authority, or any private party,that any removal or other remediation of any Hazardous Substance affecting.the Property is necessary,Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under Section 18 unless Applicable Law provides otherwise).The notice shall specify:(a)the default;(b) the action required to cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower, by which the default must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days in the future.The notice shall further inform Borrower of the right to reinstate after acceleration,the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale,and any other matters required to be included in the notice by Applicable Law.If the default is not cured on or before the date specified in the notice,Lender at its option,may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and/or any other remedies permitted by Applicable Law.Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22,including,but not limited to,reasonable attorneys'fees and costs of title evidence. WASHINGTON-Single Family-Fannie Mae/F eddte Mac UNIFORM INSTRUMENT Form 3048 1l01{page 12 of 14 pages) I11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 111111111111P1 G + 4 6 4 7 2 2 + 1 0 0 1 + 0 1 2 + 0 1 4 + D E E D 20060208000697.014 • If Lender invokes the power of sale,Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima fade evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale,including,but not limited to,reasonable Trustee's and attorneys'fees; (b) to all sums secured by this Security Instrument; and(c)any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place. 23..Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey. the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance. 24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the title,power and duties conferred upon Trustee herein and by Applicable Law. 25.Use of Property.The Property is not used principally for agricultural purposes. 26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys'fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument.The term"attorneys' fees," whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASUINGTON LAW. BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrumment and in any Rider executed by Borrower and recorded with it. Witnesses: • -- � (Seal) OAN N�GUYEN -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01 (page 13 ell.,pages) 111111ill1l11111111111Il111111111111IIII IIIIIIII IIII111III1IIII111110111III Il11111IIII11nII1III I1111111I11111111 G + 4 6 4 7 2 2 + 1 0 0 1 + 0 1 3 + 0 1 4 + D E E D 20050208000697.015 State of WASHINGTON,County of KING ,ss: On this day personally appeared before me OANH NGUYEN ,A SINGLE PERSON,to me known to be the individual, or indi •'uals described in and wh xecuted the within and foregoing instrument, and acknowledged that he/ •ey signed the same as his er it free and voluntary act and deed,for the uses and purposes therein mentio i-•. Given under C• day ofrOXL441 IJ O s NELL C.LEYVA (Seal or Stamp) NOTARY PUBLIC STATE OF WASHINGTON Notary's printed or stamped My all ' sio •' :' �COMNMSSION DES Notary Public in or • r,`�`�VEAABER 19,2005 ti Residing at: WASHINGTON-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3048 1/01(page 14 of 14 pages) • 1 IBI1111111 III 11111111111111111 IIII III II I II 1111111I1 I111 II 0111 IIII Ile I 1 I11111:111111111 III Ipll I11 II11111 G + 4 6 4 7 2 2 + 1 0 0 1 + 0 1 4 + 0 1 4 + D E E D 20050208000697.016 Loan Number 464722 ADJUSTABLE RATE RIDER (6-Month LIBOR Index-Rate Caps) (Assumable during Life of Loan) (First Business Day of Preceding Month Lookback) THIS ADJUSTABLE RATE RIDER is made this 1ST day of FEBRUARY,2005,and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust,or Security Deed(the "Security Instrument") of the same date given by the undersigned(the"Borrower")to secure the Borrower's Adjustable Rate Note (the "Note")to SEBRING CAPITAL PARTNERS,LIMITED PARTNERSHIP(the "Lender")of the same date and covering the property described in the Security Instrument and located at: 801 SW 356TH ST,FEDERAL WAY,WASHINGTON 98023 [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMIT'S THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument,Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 6.470%. The Note provides for changes in the interest rate and the monthly payments,as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1ST day of MARCH,2007,and may change on that day every sixth month thereafter. Each date on which my interest rate could change is called a"Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the six month London Interbank Offered Rate ("LIBOR") which is the average of interbank offered rates for six-month U.S.dollar-denominated deposits in the London market,as published in The Wall Sweet Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the *Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes • Before each Change Date, the Note Holder will calculate my new interest rate by adding. FIVE AND 38/100THS percentage point(s) (5.380%) to the Current Index.The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D)below,this rounded amount will be my new interest rate until the next Change Date. MULTISTATE ADJUSTABLE RATE RIDER 6-Month LIBOR Index (Assumable during Life of Loan)(First BusIne Day Lookbseli) —Single Family-Frees.mar tom[ne xumasrrr Form 3120 3/04 (page I of pages) I1111111 HI II 1111H 11111111111111111111111111111111111111111111111 IQ1111111111111111Hl 11111111111111111111111011I + 464722 + 1 0 0 1 + 0 0 1 + 0 0 3 + 5 1 2 0 20050208000697.017 • The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 7.970% or less than 6.470%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND ONE-HALF percentage point(s)(1.5%)from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.470%. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, includingg,but not limited to,those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred • (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law,Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. MULTISTATE ADJUSTABLE RATE RIDER-6-Month LIBOR Index (Assumable during Life of Loan)(First Business Day Lookback) -Single Family-Freddie Mac UNIFORM INSThVMENr Form 5120 3/04 (page 2 of 3 pages) !II�IN III 111 IN EH I 1 1EI 1 NN IIII 11 i Ill IIII 111111111111111111111111111 III 1111111111111111111111 N 11 NINN! G + 4 6 4 7 2 2 + 1 0 0 1 + 0 0 20050208000697.018 • If Lender exercises the option to require immediate payment in full,Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. (Seal) OANH NGUYEN -Borrower (Seal) -Borrower (Sign Original Only] MULTISTATE ADJUSTABLE RATE RIDER 6.Montb LIBOR Index (Assumable daring Life of Loan)(Find Business Day Lookback) —Single Family-riddle Mae=mud nv m uBNm Form 3I20 3/04 (page 3 o/3 pages) I1110111111111111111111111111111111111111111111111111 lI11i111111I11111IIN 11II11I11Ili1111111i G + 4 6 4 7 2 2 + 1 0 0 1 + 0 0 3 + 0 0 3 + 5 1 2 0 20050208000697.019 • Loan Number 464722 FLOOR RATE RIDER RIDER TO DEED OF TRUST THIS FLOOR RATE RIDER is made this 1ST day of FEBRUARY,200S, and is incorporated into and shall be deemed to amend and supplement the Adjustable Rate Note(the"Note")of the same date made by the undersigned (the "Borrower") to SEBRING CAPITAL PARTNERS, LIMITED PARTNERSHIP (the "Lender")and to amend and supplement the Mortgage, Deed of Trust or Security Deed(the "Security Instrument") of the same date given by the Borrower to secure the Note, including any Adjustable Rate Rider attached thereto, and covering the property described in the Security Instrument and located at: 801 SW 356TH ST,FEDERAL WAY,WASHINGTON 98023 (Property Address] AMENDMENT TO NOTE AND SECURITY INSTRUMENT 1. Section 4.(D) of the Note and the corresponding Section 4.(D)under Additional Covenant A. of the Adjustable Rate Rider to the Security Instrument is amended to read and be as follows: (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 7.970%or less than 6.470%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND ONE-HALF ( 1.5%) from the rate of interest I have been paying for the preceding six months. My yearly interest rate will never be greater than a maximum rate of 13.470%,or a minimum, or floor, rate of 6.470%. 2. The disclosure appearing in bold type face on page 1. of the Note is amended to read and be as follows: THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE AND THE MINIMUM, OR FLOOR, RATE I MUST PAY. 3. In the event that the Note is ever sold, assigned or transferred to the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation, and the rules and regulations of the applicable agency do not permit a Floor Rate Rider with the terms contained herein,then this Floor Rate Rider and expressly its amended provisions with respect to establishing a minimum,or floor rate, shall thereupon terminate and shall be of no further force and effect. Any such termination of this Floor Rate Rider shall be effective as of the first Change Date to occur after the date of any such sale, assignment or transfer, and thereupon and thereafter the Note shall be in full force and effect in accordance with its original terms as set out in Section 4.(D) of the Note as if this Floor Rate Rider bad never been incorporated into or amended the Note. 11I111111 I 1 NI 11111 I III IIII 11111 IIII III I II 111I IIII IIJO IIII IIII 11111 IIII 111111 11111111101 III 111 ICI 11111111111111 G + 4 6 .4 7 2 2 + 1 0 0 1 + 0 0 1 + 0 0 2 + F R R CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: February 23, 2006 TO: Will Appleton, Development Services Manager (2 copies) Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Greg Brozek, Federal Way Fire Department Geri Walker, Federal Way School District FROM: Jim Harris FOR DRC MTG. ON: March 9, 2006 FILE NUMBER(s) : 06-100805-00-SU RELATED FILE NOS. : 05-104123-00-PC PROJECT NAME: O'BRIEN SHORT PLAT PROJECT ADDRESS: 801 SW 356TH ST ZONING DISTRICT: RS 9.6 PROJECT DESCRIPTION: Proposal to divide one parcel into two separate residential lots. LAND USE PERMITS: Short Plat Approval PROJECT CONTACT: LEIGHTON O'BRIEN 1433 344TH PL 253 732-1601 MATERIALS SUBMITTED: Short Plat Map Level One Drainage Analysis Preliminary Drainage Plan Landscape Plan Lot Closure Calculations Title Report Completeness review and technical review of the proposal at March 9, 2006 DRC meeting. RESUBMITTED Cramer Northwest, Inc. , {PID=CNI2_-JAO} MAY Y 1 2006 945 N. Central, Ste. #104, Kent, WA. , 98032 If Found Please Call Us At 1- (800)-251-0189 CITY OF FEDERAL WAY Monday, May 01, 2006 9:26:16 AM BUILDING DEPT. Use [Draft]-[ASAP PRJ DATA]-menu instea PROJECT: C:\WORKING TM JOBS\2005-154.pro LOT PT.# DESCRIPTION BEARING DISTANCE NORTHING EASTING ELEVATION 20 5944.007214 5703.125232 N42°44 '00"E 197. 90 ft 1052 6089.368709 5837.417621 0.00 S00°00'00"W 130.25 ft 1053 5959. 118709 5837.417621 0.00 N89°57'02"E 101.00 ft 1054 5959.205869 5938.417584 0.00 S00°21'52"W 15.00 ft 19 5944.206172 5938.322173 S89°57'02"W 235.20 ft 20 5944.003202 5703.122261 Closing latitude = -0.00401 Closing departure = -0.00297 Closing bearing = N36°31'29"E Closing distance = 0.00499 Total traverse length = 679.35 (679.35) Total error of closure = 1/136071 Error of closure in latitude = 1/169327 Error of closure in departure = 1/228626 Area = 11266. 98 sq.ft. Area = 0.26 \128 ACRES{VAL{VAL} {DIR} . B.pit 0 .6c WAS6, . .1\l P r � 4,,V2iw % R 40016 54, r� ACS SJ LA %, EXPIRES: 7/22/la* Cramer Northwest, Inc., {PID=CNI2_-JAO} 945 N. Central, Ste. #104, Kent, WA., 98032 If Found Please Call Us At 1-(800)-251-0189 Monday, May 01, 2006 9:26:15 AM Use [Draft]- [ASAP PRJ DATA]-menu instea PROJECT: C:\WORKING TM JOBS\2005-154.pro LOT a PT.# DESCRIPTION BEARING DISTANCE NORTHING EASTING ELEVATION 1052 6089.368506 5837.417434 0.00 N42°44 '00"E 4.42 ft 28 6092. 615084 5840.416789 27 rpRadius Point: 27 6511.171517 6191.368069 Radial Bearing In: N39°58'45"E Radial Bearing Out: S27°32'09"W Radius: 546.22 ft Delta: 12°26'36" Left Arc: 118. 63 ft Tangent: 59.55 ft 29 6026.828239 5938.845866 S00°21'52"W 67. 62 ft 1054 5959.209607 5938.415754 0.00 S89°57'02"W 101.00 ft 1053 5959.122447 5837.415792 0.00 NOO°00'00"E 130.25 ft 1052 6089.372447 5837.415792 0.00 Closing latitude = 0.00394 Closing departure = -0.00164 Closing bearing = S22°36'59"E Closing distance = 0.00427 Total traverse length = 421.68 (421. 91) Total error of closure = 1/98758 Error of closure in latitude = 1/106986 Error of closure in departure = 1/256811 Area = 10024.68 sq.ft. Area = 0.23 \128 ACRES{VAL{VAL} {DIR} . '''.z 0051:tH;77 :-, -t r `dY ' xtia ' `C i ;O 016n 'tp i JlO•FC/STBR •,\Q� NAL LAOS i, EXPIRES: 7122/260(0 Cramer Northwest, Inc., {PID=CNI2 -JAO} 945 N. Central, Ste. #104, Kent, WA. , 98032 If Found Please Call Us At 1- (800)-251-0189 Monday, May 01, 2006 9:25:18 AM Use [Draft]-[ASAP PRJ DATA] -menu instea PROJECT: C:\WORKING TM JOBS\2005-154.pro PARENT PARCEL PT.# DESCRIPTION BEARING DISTANCE NORTHING EASTING ELEVATION 20 5944.007214 5703.125232 N42°44'00"E 202.32 ft 28 6092. 615287 5840.416976 27 rpRadius Point: 27 6511.171720 6191.368256 Radial Bearing In: N39°58'45"E Radial Bearing Out: S27°32'09"W Radius: 546.22 ft Delta: 12°26'36" Left Arc: 118. 63 ft Tangent: 59.55 ft 29 6026.828442 5938.846053 S00°21'52"W 82.62 ft 19 5944.210114 5938.320531 S89°57'02"W 235.20 ft 20 5944.007143 5703.120619 Closing latitude = -0.00007 Closing departure = -0.00461 Closing bearing = N89°07'23"E Closing distance = 0.00461 Total traverse length = 638.53 (638.77) Total error of closure = 1/138390 Error of closure in latitude = 1/9043259 Error of closure in departure = 1/138407 Area = 21291.66 sq.ft. Area = 0.49 \128 ACRES{VAL{VAL} {DIR} . i q `D•• r te, 40016 ./ i tON /SlER J4 aL LAND y t EXPIRES: 7/22/2 1iw•c�k 0t4r, �.s.�iyt+�tiris�.�.rtw dlll • SHEET 2 L ORGAN MANOR KING COUNTY, WASH. S.E4- N.W.4 SEC.30, TWP 21 N., R.4 E.W.M. SCALE-.I-100' JANUARY 13, 1948 M°DONALD` ENGR.....Co. m^A REVISED-FEBRUARY 9,1948 TACOMA. WASH. e hA 4r^ ,c0`5 <n -A 5W H STREFI)—C8,55: ohn,r41 :.eon''+yq•56'F I :... .•::;. / WI 352.61 N89•SPIO�Eh;1316.84 '.:::., - __272.33-__-__-A' cfH'!1'"'.. 30 30 104,50 9400 94000 94,00 94.00 940!1':._ II551 \'� :. - 01 1 m SA,�VE :'‘).S. am\ 103.58 940 940 '''}::. 940'''-t }q40 'S 940 ,,.''940 940 940 _F y ,'4�.;:a4r 1 A•42.48 •.4i 9 $" .: .. 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UNPLATTED • Ahh, CITY OF CITY HALL Federal Way 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way,WA 98063-9718 (253)835-7000 www.cityoffederalway.corn March 1, 2007 Mr. Leighton O'Brien 1433 SW 344th Place Federal Way, WA 98023-7051 RE: Permit No, 06-106455-00-EN; O'BRIEN SHORT PLAT 801 SW 356th St—Public Works Development Services Technical Comments Dear Mr. O'Brien: If the engineer and/or owner have any questions regarding this comment letter or the outstanding items needed prior to permit issuance, we would be happy to meet with you in our office to clarify the requirements. Staff has reviewed the plans and reports for the above referenced project and has the following comments. A. The following items are required prior to Construction Plan acceptance: CIVIL PLANS 1. Per the City of Federal Way Development Standards, "Engineering Review Checklist,"please provide the following: a. Show existing features with dashed lines and/or half-toned (screened). b. Provide a vicinity map. c. Provide the phone number of"One-Call"utility locator(1-800-424-5555). d. Provide the name and phone number of the owner/agent. e. Show the mailbox location, and provide a statement that mailbox locations have been designated or approved by the U.S. Postal Service. f. Change the permit number in the approval blocks to 06-106455-00-EN g. Change the drawing scale to 1" = 20'. h. Show the location of all existing and proposed gas, water, and sanitary sewers appurtenances and piping, and overhead utility poles. i. Open cuts for utilities may require a full overlay. Coordinate with streets division to determine if an open cut or a bore will be required. Show the proposed utility work on the plans. 2. Show the location where the new power pole will be placed. 3. The City has no record drawing or historical information about the SDMH shown east of the proposed driveway location. Provide information of the nearest upstream and downstream structures from this shown structure. L:\CSDC\ROCS\SAVE\7748082085.DOC Mr. Leighton O'Brien RE: Permit No. 06-106455-00-EN March 1, 2007 Page 2 4. List the length of C-Curb required to close the existing driveway. 5. State that the C-Curb will be painted with traffic-yellow color. 6. Per PWDS 3.2.13(6.1) the driveway pavement width must be 20-feet in width. The City is hereby modifying this requirement down to a 16-foot pavement width with no gravel shoulders, contained within the 20-foot easement. The driveway apron width at the curb face shall match the pavement width. See the enclosed detail for reference. This detail shall be placed on the plans. 7. Remove the new home footprint. 8. Page 3 is not required for the short plat engineering phase. Submit this type of a plan during the building permit review phase for the future lot. B. PRECONSTRUCTION MEETING 1. Once we approve the plans for construction, the owner, or agent, and contractor must meet with our inspection team at a pre-construction meeting. At this meeting you will receive the permit and a copy of the approved plans. C. The following items are required prior to scheduling a preconstruction meeting: 1. Provide a Certificate of Liability Insurance remaining in force until the City issues final construction acceptance. Specify the liability insurance in the amount of not less than one million dollars combined single limit bodily injury and property damage, with a two million dollar aggregate. Include the City of Federal Way, its officers, and employees as additional insured's with respect to the terms and conditions of the policy. Reference O'Brien Short Plat, 06-106455-00-EN on the certificate. 2. Provide a performance/maintenance bond referencing O'Brien Short Plat, 06-106455-00-EN on the bond. Complete the enclosed "Performance/ Maintenance Bond Worksheet"and return with revisions. 3. Provide one set of reproducible Mylar plans for approval. Once approved, pick up the Mylar plans and make four copies of full scale drawings and two half- scale drawings, and return them to the City. D. Public Works Development Services will recommend granting occupancy and release of financial securities when the following items are completed: 1. Completion, to the satisfaction of Development Services, of all work indicated on the plans. L:\CSDC\DOCS\SAVE\7748082085.DOC Mr. Leighton O'Brien RE: Permit No. 06-106455-00-EN March 1, 2007 Page 3 2. Submittal of one set of reproducible Mylar as-built plans along with two sets of blueprint copies. All sheets containing road and drainage plans, profiles and associated details shall be included in the as-built set. It is not necessary to include grading and erosion control plans and details. The as-built plan set shall be stamped "RECORD DRAWING" and shall be signed and stamped by a professional engineer or land surveyor. 3. Permanent stabilization and restoration of the project site. Final replanting may be delayed to the appropriate season, provided that temporary soil stabilization measures are in place and financial security is provided to assure the completion of work. 4. Payment of all outstanding fees. 5. Fulfillment of all conditions of approval. 6. Submittal of any required maintenance bonds. All redline prints must be returned with the next submittal. Your next submittal shall consist of four folded complete sets of construction plans. Per WAC 196-23-020(3)(d) "revised plan sheets shall clearly identify on each sheet, the revisions made and shall contain the name and seal of the licensee, and signature of the licensee with the date the revision was made." If you have any questions or comments regarding this letter or redlined prints, please feel free to contact me at (253) 835-2731 or by email at sean.we//s@cityoffedera/way.com. Sincerely, n R. Wells, P.E. enior Engineering Plans Reviewer SRW:cb Enclosures: Redline Plans Performance/Maintenance Bond Worksheet Bond Quantities Worksheet New Driveway Detail cc: David Lee, Planner Sarady Long,Traffic Engineer Project File/SRW Day File L\CSDC\DOCS\SAVE\7748082085.DOC SHORT PLAT NO. SPL06-100805-00—SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON RIGHTS —OF —WAY RIGHTS -OF -WAY GRAPHICALLY REPRESENTED ON THIS SHORT PLAT HAVE BEEN DEEDED TO THE CITY OF FEDERAL WAY BY STATUTORY WARRANTY DEED. KING COUNTY, WASHINGTON RECORDING NUMBER:__ DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SHORT SUBDIVIDED, HEREBY DECLARE THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SHORT SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE PUBLIC FOREVER ALL THE EASEMENTS AND TRACTS SHOWN ON THIS SHORT PLAT FOR ALL PUBLIC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT LIMITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS SHORT PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE SUCH EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SHORT SUBDIVIDED WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAIN- TENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SHORT SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SHORT SUB- DIVIDED AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY DAMAGE, INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SHORT SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB -SURFACE WATER FLOWS WITHIN THIS SHORT SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SHORT SUBDIVISION. PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDING THE COST.OF DEFENSE, RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF FEDERAL WAY, ITS SUCCESSORS, OR ASSIGNS. THIS SUBDIVISION, DEDICATION WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS. LEIGHTON O'BRIEN LAMANDA MOUNTS STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED MY APPOINTMENT EXPIRES STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED MY APPOINTMENT EXPIRES RECORDER'S CERTIFICATE .................... FILED FOR RECORD THIS ........... DAY OF .......... 20....... AT ...... M IN BOOK .......... OF ............ AT PAGE......... AT THE REQUEST OF OWEN B. HILLE PLS ................................. SURVEYOR'S NAME MGR. SUPT. OF RECORDS APPROVALS: CITY OF FEDERAL WAY EXAMINED AND APPROVED THIS ___- DAY CITY ENGINEER KING COUNTY DEPARTMENT OF ASSESSMENTS 20_—_ 1 EXAMINED AND APPROVED THIS DAY EXAMINED AND APPROVED THIS DAY OF 20_-_ DIRECTOR OF COMMUNITY DEVELOPMENT SERVICES DEVELOPER/OWNER INFORMATION; LEIGHTON O'BRIEN/ LAMANDA MOUNTS 1711 61ST ST. N.E. TACOMA, WA. 98422 253-732-1601 CONTACT INFORMATION: JOHN RUTLAND 945 N. CENTRAL AVE. STE. 104 KENT, WA. 98032 253-852-4880 LEGAL DESCRIPTION: RECORDING NO. 20— VOL./PAGE SCALE: GRAPHIC SCALE 1"=30' A-SSESSOR --——------------- 1 inch = 30 FT. 09 _ — — 30 0 30 DEPUTY ASSESSOR PORTION OF: ACCOUNT NUMBER 440560-0190 --------- S.E. 1/4, N.W. 1/4, SEC. 30, T.21 NORTH, R.4 EAST, W.M. CITY OF FEDERAL WA Y SHOR T PLA T FOR LEIGHTON 09BRIEN LOCATED IN THE S. E. 1 /4, OF THE N. W. 1 /4, OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., KING COUNTY, WASHINGTON (PER TICOR TITLE COMPANY ORDER NO. 6356435-1) LOT 2, BLOCK 3, L'ORIGAN MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON. EXCEPTIONS OF RECORD: (PER TICOR TITLE COMPANY ORDER No. 6356435-1) AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR TFiF PURPOSES STATED THEREIN: IN FAVOR OF' PACIHC NORTHWEST BELL TELEPHONE COMPANY FOR., LINES OF TELEPHONE AND TELEGRAPH OR OTHER COMMUN'CATION CIRCUITS AND APPURTENANCES THERETO DISCLOSED BY: INSTRUMENT RECORDED: OCTOBER 25, 1978 - RECORDING NUMBER. 7810250741 AFFECTS: THE NORTHWEST 2 FEET AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN. IN FAVOR OF.. KING COUNTY, WASHINGTON FOR.' SLOPES AND UTILITIES DISCLOSED BY: INSTRUMENT RECORDED. NOVEMBER 21, 1989 RECORDING NUMBER: 8911211221 AFFECTS: THE NORTHERLY 20 FEET OF THE EASTERLY 3 FEET 0' THE PROPERTY HEREIN DESCRIBED AGREEMENT AND THE TERMS AND CONDDIONS THEREOF.• BETWEEN: PHILIP M. LEUJ AND B. JOANN LELU AND: KING COUNTY, WASHINGTON RECORDED: NOVEMBER 21, 1989 RECORDING NUMBER. 8911211222 PURPOSE. TO RECONSTRUCT DRIVEWAYS TERMS, CONDITIONS, RESTRICTIONS, NOTES, DEDICATIONS, BUILDING; SET BACK LINES INCLUDING ANY EASEMENTS DELINEATED OR EASEMENT PROVISIONS AS CONTAINED ON THE FACE OF THE PLAT REFERRED TO IN SCHEDULE "A'. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF. DATED: APRIL 11, 2002 RECORDED. AUGUST 1Z 2002 RECORDING NUMBER: 20020812001392 PURPOSE: LATECOMER AGREEMENT EASEMENT FOR GRADING OF STREET SLOPES, AS NECESSARY, OVER PORTION OF PREMISES ADJOINING ANY STREET OR ALLEY AS DEDICATED IN THE PLAT. SURVEYOR'S CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF LEIGHTON O'BRIEN IN MOV., 2UO6 P.L.S. CERTIFICATE NO. 40016 ZONING NFORMATION: ZONING: RS9.6 AREA COMPREHENSIVE: SINGLE FAMILY HIGH DENSITY Cramer Northwest Inc. ��ag Ate. Surveyors Planners & Engineers :y A 945 N. CENTRAL, STE. #104, KENT, WA 98032 b = (253)852-4880 (local) o'. 1 —(800)251 —0189 (tall free) s•.,plo>6� (253)852-4955 (fax) 4AL'LAr19 E—MAIL: cni®cramernw.com EXPUM 07/22/2M N RESUBMITTED MAY 1 1 2006 CITYBOLDING DEPT.AY 3 vi 3 3 Q vi vi Q m Co LIJ o CD S. 360TH ST VICINITY MAP o INSTRUMENT USED: GEODIMETER 600 AND/OR NIKON DTM-A1OLG METHOD: TRAVERSE EXCEEDING REQUIREMENTS OF W.A.C. 332-130-090. INDEXING DATA: S.E. 114. N.W. 114, SEC. 30, T21 NORTH, R.4 EAST, W.M. DRAWN BY: DATE: JOB NO.: T.E.C. Mon., May. 1, 2006 2005-754 CHECKED BY: SCALE: SHEET: O.B.H. 1 inch = 30 FT. 1 OF 2 Mov. 1. 2006, 12:20:07 C: WORKING TM JOBS 2005-154.Pro )JECT NAME O'BRIEN SPIICREATED: Wed Aug 17 08:37:01 2005 /PREY PLOT.., Mon May 01 12:19:53 200 PLOTT! RECORDING NO.: CITY OF Federal Way SHORT PLAT NO. SPL06-100805-00—SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON LEGEND: Q FOUND MONUMENT AS DESCRIBED • SET 112' REBAR AND CAP "40016/18898" ® SANITARY SEWER MANHOLE QD STORM DRAIN MANHOLE OT TELEPHONE MANHOLE FIRE HYDRANT S WATER VALVE ® WATER METER 0) GAS VALVE M GAS METER ® POWER METER IM ELECTRICAL BOX ® TRAFFIC SIGNAL BOX M TELEPHONE RISER ® LIGHT POLE UTILITY POLE L GUY ANCHOR TRAFFIC SIGNAL POLE CITY ®F PZDZRAL WA Y SHOR T PLA T FOR LEIGHTON O'BRIEN LOCATED IN THE S.E. 1142 OF THE N.W. 114, OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, KING COUNTY, WASHINGTON TL #006 LOT � N \10 p ^i J X VOL./PAGE: SCALE: GRAPHIC SCALE 1"=30' 1 inch = 30 FT. 30 0 30 W.M..' I PORTION OF: S.E. 1 /4, N.W. 1 /4, SEC. 30, T.21 NORTH, R.4 EAST, W.M. h J ' SSMH RIM = 34753 12" PVC N.-S. CTR. CHANNEL = 327.24 801 \� S.W. 3567H ST. LVI a , 10,02a SO. FT. '2' ESMT REC. 0 " NO. 7810250741 TL#0/85 7G v 35605 cl 2 14.7't'!,,.'Sfj it pp'� / �p,V 8TH AVE. S.W. I12/b+/7pyOF•�ys 335t 40,60, ASPH. LOT A i�ha FQnIG.44$ / 11,267f 50, FT / I ' 'GRAVEL / 20' INGRESS, EGRESS R, - GE 45.00' (PLAT)3.3� ?s & U71UTY FiISEMENT — _ _ _ I N89'57T122'E 101.00' BE REMOVED 'a 30.00' .1 CD �- ---- --- ---- -- 30't N --- - ' • : • . I S895702'W 23520 MCD1 234.64' (PLAT) — W ILO "' i 34 35 $ WOOD FENCE CDR. IS y I �� WOOD FENCE IS I I y 111 0.3't S OF LINE 0.6't S OF LINE I 1 �00 1 -gyp^ TL x0146 350 TL Irp/45 I I LOT 3 I 1 I I I c5J � I I I I I I I I I I I I I I I 30' � I I I_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ /F£ASJ _-__ /I 29722' (C4LCDl S. 360TH ST. M 331.33' (CALCD 6 PLAT) S89'57'02W 962.33' (CALCD 6 PLAT) Cramer Northwest Inc. Surveyors Planners & Engineers 945 N. CENTRAL, STE. #104, KENT, WA 98032 (253)852-4880 (local) 1—(800)251-0189 (toll free) (253)852-4955 (fax) E—MAIL: cni®cramernw.com 0 BASIS OF BEARINGS. BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF SOUTH 360TH STREET BEING SOUTH 89'57'02" WEST AS SHOWN ON THE PLAT OF L'ORIGAN MANOR, RECORDED IN VOLUME45 OF PLATS, AT PAGES 33-34, RECORDS OF KING COUNTY, WASHINGTON. REFERENCE SURVEYS: PLAT., L'ORIGAN MANOR, VOLUME 45, PAGES 33-34. ROS 1: (REC. NO. 20010626900010) VOLUME 145 PAGES 284-284B. ROS 2: (REC. NO. 20030114900027) VOLUME 157, PAGE 148. NOTES: 1. MONUMENTS LAST VISITED ON 8-16-05. PARENT PARCEL: TL b4440560-0190 I 21,292 SQ. FT. 3' ESMT. REC. I NO. 8911211221 OT 0T SSMH RIM = 349.63 12" PVC N.-S. CTR. CHANNEL = 327.95 SITE BENCHMARK SET 60D NAIL IN U.P. n EL= 350.57 U.S. FEET I I SDMH o RIM = 349.63 24" RCP S.= 331.69 --, 24' RCP E.= 331.59 ( �a ?g� i i v ,x ,tom VERTICAL DATUM: QNQ QNs�z aS Sas NGVD 29. I BENCHMARK: CITY OF FEDERAL WAY BENCHMARK NO. 2166-37 SOUTHWEST CORNER OF PSPL VAULT 50' NORTH OF SOUTH 356TH STREET ON 4TH AVENUE SOUTHWEST ELEVATION = 304.21 U.S. FEET. a I SITE BENCHMARK. w SET 60D NAIL IN UTILITY POLE --,q ELEVATION = 350.57 U.S. FEET o3 CONTOUR INTERVAL: i 2.00 U.S. FEET. RESUBMITTED MAY 1 1 2006 t CITY OF FEDERAL WAIF BUILDING DEPT. INSTRUMENT USED: GEODIMETER 600 AND/OR NIKON DTM—A]OLG METHOD:Traverse Exceeding Requirements of W.A.C. 332-130-090. INDEXING DATA: S.E. 1A N.W. 1A SEC. 30, T21 NORTH, R.4 EAST, W.M. DRAWN BY: DATE: JOB NO.:bi CD T.E.C. Mon., May. 1, 2006 2005-154 0- CHECKED BY: SCALE: SHEET: O.B.H. 1 inch = 30 FT. 2 OF 2 > .. Federal Wal SHORT PLAT NO. 06-100805-00—SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON RIGHTS —OF —WAY RIGHTS -OF -WAY GRAPHICALLY REPRESENTED ON THIS SHORT PLAT HAVE BEEN DEEDED TO THE CITY OF FEDERAL WAY BY STATUTORY WARRANTY DEED. KING COUNTY, WASHINGTON RECORDING NUMBER, DEDICATION KNOW ALL PEOPLE BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS OF INTEREST IN THE LAND HEREBY SHORT SUBDIVIDED, HEREBY DECLARE THIS SHORT PLAT TO BE THE GRAPHIC REPRESENTATION OF THE SHORT SUBDIVISION MADE HEREBY, AND DO HEREBY DEDICATE TO THE PUBLIC FOREVER ALL THE EASEMENTS AND TRACTS SHOWN ON THIS SNORT PUT FOR ALL PUBUC PURPOSES AS INDICATED THEREON, INCLUDING BUT NOT UNITED TO PARKS, OPEN SPACE, UTILITIES AND DRAINAGE UNLESS SUCH EASEMENTS OR TRACTS ARE SPECIFICALLY IDENTIFIED ON THIS SHORT PLAT AS BEING DEDICATED OR CONVEYED TO A PERSON OR ENTITY OTHER THAN THE PUBLIC, IN WHICH CASE WE DO HEREBY DEDICATE SUCH EASEMENTS, OR TRACTS TO THE PERSON OR ENTITY IDENTIFIED AND FOR THE PURPOSE STATED. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SHORT SUBDIVIDED WANE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAIN- TENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SHORT SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF FEDERAL WAY. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SHORT SUBDIVIDED AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF FEDERAL WAY, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY DAMAGE, INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SHORT SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB -SURFACE WATER ROWS WITHIN THIS SHORT SUBDIVISION OR BY ESTABLISHMENT, CON- STRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SHORT SUBDIVISION. PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF FEDERAL WAY, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDING THE COST OF DEFENSE, RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF FEDERAL WAY, ITS SUCCESSORS, OR ASSIGNS. THIS SUBDIVISION, DEDICATION WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF WE SET OUR HANDS AND SEALS. LEIGHTON O'BRIEN LAMANDA MOUNTS STATE OF WASHINGTON COUNTY OF I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (HIS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED MY APPOINTMENT EXPIRES STATE OF WASHINGTON COUNTY OF I CERTIFY THAT 1 KNOW OR HAVE SATISFACTORY EVIDENCE THAT SIGNED THIS INSTRUMENT AND ACKNOWLEDGED IT TO BE (NS/HER) FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONEDIN THE INSTRUMENT. SIGNATURE OF NOTARY PUBLIC PRINTED NAME DATED MY APPOINTMENT EXPIRES RECnRnFR'q rFRTIFIrATF CONFORMED COPY FILE IN E °A 20080501900002 SUR CITY OF FEDERR SPM 113.00 PAGE001 OF 002 05/01/2098 09:23 KING COUNTY, WA APPROVALS: CITY OF FEDERAL WAY EXAMINED AN APPROVED THIS Z3 / (��/�1 OF Awr.\ , 20 0 k- DIRECTOR OF PUBLIC 'WORKS EXAMINED ff A, ' APPROVED �D THIS DAY OFAW�� 20 90 DIRECTOR OF COMMUNITY DEVELOPMENT SERVICES LINTY HEALTH DEPARTME EXAMINED AND AP VED_j IS DAY 0 -_ , 20__ DEVELOPER/OWNER INFORMATION. KING COUNTY DEPARTMENT OF ASSESSMENTS EXAMINED AND APPROVED THIS22�DAY OF- h I 20C2L ASSE OR DEPUTY ASSESSOR ACCOUNT NUMBER 440560-01 90 LEIGHTON O'BRIEN/ LAMANDA MOUNTS 1711 61ST ST. N.E. TACOMA, WA. 98422 253-732-1601 CONTACT INFORMATION: ALE KONDELIS/CRAMER NORTHWEST, INC. 945 N. CENTRAL AVE. STE. 104 KENT, WA. 98032 253-852-4880 LEGAL DESCRIPTION. (PER TICOR TITLE COMPANY ORDER NO. 6356435-1) LOT 2, BLOCK 3, L'ORIGAN MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE 33, IN KING COUNTY, WASHINGTON. EXCEPTIONS OF RECORD: (PER 77COR 777LE COMPANY ORDER No. 6356435-1) AN EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: IN FAVOR OF. PACIFIC NORTHWEST BELL TELEPHONE COMPANY FOR: LINES OF TELEPHONE AND TELEGRAPH OR OTHER COMMUNICATION CIRCUDS AND APPURTENANCES THERETO. DISCLOSED BY: INSTRUMENT RECORDED: OCTOBER 25, 1978 - RECLRDING NUMBER: 7810250741 AFFECTS: THE NORINIOW 2 FEET AN EASE41EAIT AFFECTING A POR77ON OF SAID PREMISES FOR THE PURPOSES STATED THEREIN: N FAVOR OF. KING COUNTY, WASHINGTON FOR: SLOPES AND UTILITIES DISCLOSED BY. - INSTRUMENT RECORDED: NOVEMBER 21, 1989 RECORDING NUMBER 8911211221 AFFECTS THE NORTHERLY 20 FEET OF THE EASTFRLY 3 FEET OF THE PROPERTY HEREIN DESCRIBED AGREEMENT AND THE TERMS AND CONDITIONS THEREOF. BETWEEN: PHWP M. LaU AND B. JOANN LELU AND: KING COUNTY, WASHNGTON RECORDED: NOVEMBER 21, 1989 RECORDING NUMBER: 8911211222 PURPOSE TO RECONSTRUCT DRAEWAYS TERMS CONDITIONS, RESTRICTIONS, NOTES, DEDICATIONS, BUWNG SET BACK LINES INCLUDING ANY EASFJW04TS DELINEATED OR EASEMENT PROVISIONS AS CONTAINED ON THE FACE OF THE PLAT REFERRED TO IN SCHEDULE 'A'. AGRLTMENT AND THE TERMS AND CONDITIONS THEREOF• DATED: APRIL 11, 2002 RECORDED: AUGUST IZ 2002 RECORDING NUMBER: 20020812001392 PURPOSE• LATECOMER AGREEMENT EASEMENT FOR GRADING OF STREET SLOPES, AS NECESSARY, OVER PORTION OF PREMISES ADJOINING ANY STREET OR ALLEY AS DEDICATED IN THE PLAT. ZONING INFORMATION: ZONING: RS 9.6 AREA COMPREHENSIVE. SINGLE FAMILY HIGH DENSITY PUBLIC WORKS NOTE. RECORDING NO. SCALE: 1 inch = 30 FT. 30 VOL./PAGE GRAPHIC SCALE 91 KIT] 1" =30' PORTION OF: S.E. 1 /4, N.W. 1 /4, ',SEC. 30, T.21 NORTH, R.4 EAST, W.M. 0 9BRIEN SHOR T P- A T LOCATED IN THE S. E. 114.. OF I THE N. W. 114, OF SECTION 30, TOWNSHIP 21 NORTH; RANGE 4 EAST, KING COUNTY, WASHINGTON THE BUILDER FOR ALL LOTS SHALL PROVIDE SINGLE FAMILY INFILTRATION SYSTEMS. DRAINAGE STUB -OUTS ARE PROVEDED TO THE LOTS AS SHOWN ON THE PLANS TO PREVENT THE STREET AND SIDEWALKS FROM BEING DISTURBED AT A LATER DATE IN THE EVENT ITWT A CONNEC17ON TO THE DRANGE SYSTEM IS REQUIRED. THE BUILDER WILL NOT BE ALLOWED TO CONNECT TO THE STUB -OUTS UNLESS INFILTRATION IS NOT FFASIBILE ON THE LOT. REFER TO ENGINEERING PLAN FILE NUMBER: 06-106455-00-EN. 9 LAND SURVEYOR'S CERTIFICATE AT ...... M THIS SHORT PLAT CORRECTLY REPRESENTS A SURVEY MADE EST OF BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE APPROPRIATE STATE AND CITY STATUTE AND ORDINANCE I Apr., 2008 MGR. SUPT. OF RECORDS CERTIFICATE NO. 40016 \ ExP8!!L=_swMap In 1w-39M N I - •—, '- ' �W3V9h ry .�._... .p \ -sw-s9�m 8 . FtMIlrel i .. _. l 0018W 355th at, ,F.pAprel �mv, WA, 98023-7202 11h HE or te ^g IT J A NE NOT, T IHEI. —iBtlr tC� _..� VICINITY MAP: W.M., W Q CL J 0 Cramer Northwest Inc. oy, of e :� = 1,4a o? '• 1,P 40018_�Q s'0 tti„�Q,Qr: '�A4LillibN�9 EXPIRES 07 22 2008 12i53:i1 VIM! - PLOTT€UT O'BRIEN SH®R T P.L/1'1 T Surveyors Planners & Engineers 945 N. CENTRAL, STE. #104, KENT, WA 98032 (253)852-4880 (local) 1-(800)251-0189 (toll free) (253)852-4955 (fax) E-MAIL: cni®cromernw.com DRAWN BY: T.E.C. DATE: Fri., Apr. 18, 2008 JOB NO.: 2005-154 CHECKED! O.B.H. BY: SCALE: 1 inch = 30 FT SHEET: 1 OF 2 NAME: O'BRIEN SPIICREATM Wed Aug 17 08;37:01 20ps , ffl€y ?LOT: Fri Apr 19 f/1:, Ap1t T@, 2009, 12iO7i09 C? TMOH@I R1Cj,4Lif9 $00O7p Crff .. Federal 'A I. SHORT PLAT NO. 06-100805-00-SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON UC l � 5--'j .e_. 1t BEARINGS SHOWN HEREON ARE BASED ON THE CENTERLINE OF SOUTH 360TH STREEF BEING SOUTH 8957'02" WEST AS SHOWN ON THE PLAT OF L'ORIGAN MANOR, RECORDED IN VOLUME45 OF PLATS, AT PAGES 33-34, RECORDS OF KING COUNTY, WASHINGTON. REFERENCE SURVEYS: PLAT., L'ORIGAN MANOR, VOLUME 45, PAGES 33-34. ROS 1: (REC. NO. 20010626900010) VOLUME 145 PAGES 284-2848. ROS 2: (REC. NO. 20030114900027) VOLUME 157, PAGE 148. NOTES: 1. MONUMENTS LAST VISITED ON 8-16-05. PARENT PARCEL: TL #440560-0190 22,2921- SQ. FT: INSTRUMENT USED: GEODIMETER 600 AND/OR TRIMBLE 5603DR200+ METHOD: TRAVERSE EXCEEDING REQUIREMENTS OF W.A.C. 332-130-090. INDEXING DATA: S.E. 1A N.W. 1A SEC. 30, T.21 NORTH, R.4 EAST, W.M. LEGEND: ® FOUND MONUMENT AS DESCRIBED ® SET 112' RESAR AND CAP '40016/CNW U71UTY POLE —) GUY ANCHOR ® ELECTRIC CONTROL BOX ® TELEPHONE RISER ® MAIL BOX ® WATER METER -e- STREET SIGN 0 CLEAN OUT Q WATER STUB OUT © GAS STUB OUT SO SEWER STUB OUT O'DRYE M SMOR T .PLA T LOCATED IN THE S. E. 1140 OF THE N. Yr. 114, OF SECTION 30, TOWNSHIP 21 NORTH, RANCE 4 EAST, KING COUNTY, WASHINCTON RECORDING NO.: VOL./PAGE: SCALE: GRAPHIC SCALE 1"=30' ' 1 inch = 30 FT. 30 0 30 PORTION OF: S.E. 1 /4, N.W. 1 /4, SEC. 30, T.21 NORTH, R.4 EAST, W.M. ' C' s x � �6's ire LOT I ^ � \ 801 •4�;j `` a S.W. 3567H ST.LOT B4>• 10,025 S8 Ff. I I 2g > TL +'OIBS 14.7' F�•� i I 8TH AVE. S.W. Lore LOT A 11,267 S0. FT. / I 20' INGRESS EGR dr-1UTY -----------�-------- ---- ^�v 1 N895702E 101.00' I i - - - - -- I i ASPHA!T 1 45.00' FLAT) 10' BSBL ca 30.00' 45-11' 1CILCD) -- ; \y Q ----------- - I - i 589 S7U2N 235.2O' (CALCO) 234.64' F AV - W I L 7 WOOD FENCE IS I $ I I I WOOD FENCE COR. a6' S OF LIME h µ I IS 0.3' S. OF LINE I TL #01,16 TL SOM5 I LOT 3 I I I I I Al I i I I I I I I I I I ' I I Lf 82.62' (CALCDJ 84.60' (PLAT) I I I I I 30' I I I I I— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — F CONCRETE MONUMENT IN CASE AT INIFRSECTION OF FOOD CONCRETE MONUMENT 117H AVE. S.W. k S.W. 360TH ST IN 01sE S. 360TH STREET 32i.78' (1EASJ - _ 297?2' (CALCD) 33833' (CALCD 6 PLAT) S89-57192-W 952.33' (CALCD 6 PLAT) - - - - - - RECORDER'S CERTIFICATE .................... FILED FOR RECORD THIS ........... DAY 0F.......... 20....... AT ...... M IN BOOK .......... OF ............ AT PAGE......... AT THE REQUEST OF .,OWEN,.B;„HILLER, PLS„ SURVEYOR'S NAME ................................ .......................... MGR. SUPT. OF RECORDS i TL #006 i LAND SURVEYOR'S CERTIFICATE PHIS SHORT PLAT CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE APPROPRIATE STATE AND CITY STATUTE AND ORDINANCE IN —Apr., 2008— CERTIFICATE NO. -- 40016 Cramer Northwest Inc. Surveyors Planners & Engineers 945 N. CENTRAL, STE. #104, KENT, WA 98032 (253)852-4880 (local) 1—(800)251-0189 (toll free) (253)852-4955 (fax) E—MAIL: cni®cramernw.com 0 Vol Ih 00 LLJ d -1 O O'BRIEN o S'HOR T PLA T DRAWN bY: DATE: JOB NO.: T.E.C. Fri., Apr. 18, 2008 2005-154 s CHECKED'i BY: SCALE: SHEET: !008 O.B.H. 1 inch = 30 FT. 2 OF 2 / / TL JJO186 ` LOT 1 ` T8,' 6' �2 TL JJ0185 202 8"FIR... ' 4.:.• S�6�' p 8" FIR (b T21 2 U. T3 T22 '6 �1 T4 TS T7 T9 O� LOT 2 0 10, 025+ 50. FT. TI O SSA G'7 TII I W r 14.7 "? ,c�✓�O 0 OON �. o B ti 6' / T15 < `1 i T12 LOT 2 FAO yOG / \ < U :' T16 T13 ASr Ii. -t • i (PLAT) (CALC D) V 0 24" 1 �LO 2C7+ SQ. FT. '7 T lfY n Q N89i 7'02'E 101.0 ;35 /ARAGE 0 ` �° GRESS, EGRES 2T19 Im BE REMOVED & / >> I J UTI TY EASEMEN 3.O f :, :, 30.00 ' _� 16" FIh 1 S89 '57 '02 "N 23520, (CALC D) 234.64 ' (PLAT) ��. 16"FIR20" ItI / �Ck Q o LANDSCAPE TREE RETENTION PLAN 0 10' 20' 40' 80' _ SCALE:I"= " 20 0 NORTH BASE MAP FROM CRAMER NW, KENT, WA SIGNIFICANT TREE COUNTS SIGNIFICANT TREE RETENTION REQUIREMENTS (Significant Tree to be 12" Caliper or Greater) Lot 1: Required to retain 100% Significant Trees within Perimeter Buffers 20' width Landscape Buffer -Front Yard 5' width Landscape Buffer -Side Yard Total Significant Trees in Landscape Buffer 7 trees Additional Trees in Landscape Buffer Total Trees Retained 1 Tree Required to Retain 25%of Significant Trees in Building Site Total Significant Trees in Building Site 8 Trees Total Significant Trees Retained in Building Site 2 Trees Additional Trees in Building Site Retained 2 Tree Total Trees Retained in Building Site 25% of Significant Trees = 2 Significant Trees Required to be Retained Lot 2: Required to retain 100% Significant Trees within Perimeter Buffers 20' width Landscape Buffer -Front Yard 5' width Landscape Buffer -Side Yard Total Significant Trees in Landscape Buffer I Tree Total Trees Retained TREE LEGEND FIR DOUGLAS FIR MAD PACIFIC MADRONA EX'G TREE LEGEND EXISTING RETAINED TREE: PRESERVE AND PROTECT WITH FIVE-FOOT DRIP -LINE SETBACK SEE DETAIL CONIFER TREE 1 /DECIDUOUS TREE tX'(-i CONIFER TREE ON ADJ. P PRESERVE AND PROTECT PER DETAIL EXISTING TREE TO BE REMOVED: <i REMOVE BRANCHES, TRUNK AND ALL DEBRIS � Q \ FROM SITE. GRIND STUMP, FILL HOLE WITH — I ` TOPSOIL FROM APPROVED' �i EXISTING TREES ++ SIGNIFICANT TREE - 12" DIAMETER po TREE IN BUFFER - TO REMAIN T TREE IN BSBL - TO REMAIN PER RETENTION PLAN TREE OUTSIDE BSBL �k - REMOVE, IN BUILDING LOT EXISTING TREE - SEE NOTE TREE # SIZE VARIETY CONDITION NOTES LOT #1 Qo ++ t�0 ++ TI T2 18" FIR OK SAVE 14" FIR OK 8 SAVE 8 Trees 4 FIR OK SAVE o 4 FIR OK SAVE O ++ ® T5 T6 22" FIR OK SAVE ® T7 8" FIR OK 12" MAD OK SAVE SAVE ® �k T8 T9 10" FIR OK SAVE 4 Trees 0 ++ T10 12" MAD LEANING 30" FIR OK SEE NOTE m ++ TII 16" FIR OK SAVE SAVE ® ++- ++ T12 T13 24" FIR OK 20 FIR REMOVE, IN BUILDING LOT ++ T14 OK 20" FIR OK REMOVE IN BUILDING LOT m ++ TI5 14" FIR OK REMOVE, IN BUILDING LOT r ++ ++ T16 T17 19" FIR OK 17" FIR SAVE REMOVE, IN BUILDING LOT e ++ T18 14" FIR OK REMOVE, IN BUILDING LOT Qo ++ T19 12" FIR OK REMOVE, IN BUILDING LOT 1 Tree ++ T20 24" FIR OK SAVE SAVE LOT #2 Qo ++ T21 14" FIR OK SAVE �k T22 14" MAD LEANING SEE NOTE NOTE: Madrona: Trees have been overlmibed and are currently leaning. Not a significant tree. Removal per owner option. "NOTE: HYDROSEEDFOR EROSION CONTROL XISTING TREE TO ALL FILLED REMAIN, PRESERVE & GRADED AREAS PROTECT DO NOT STORE MATERIALS OR EQUIPMENT UNDER DRIP LINE OF TREE DRIP LINE -ESTABLISH pt DRIP LINE BY MEASURING TN DIAMETER AT 4 FEET ABOVE HAND EXCAVATE ALLI I FOR EACH I" OF DIAMETER 0 ADD 1 0 OF DRIP LINE. WORK WITHIN DRIP EXAMPLE: LINE OF TREES TO I 18" DIAMETER OF TREE _ RETAIN = 18'-0" RADIUS OF DRIP LINE SEDIMENT FENCE SEDIMENT FENCE I TREE DIAMETER r W SURED ATXISTING 'BONE GRADE GRADE -EXISTING GRADE EXPOSED GRADE DETAIL: TREE PROTECTION NO SCALE Lauchlin R Bethun Associates, Inc. ASLA LANDSCAPE ARCEMCTM & PLANNING, ASLA P.O. Box 1442 Maple Valley,Washington 98038 phone: (425) 432-9877 fax: (425)432-9878 e-mail: Ibethune@Jmindspring.com STATE OF WASHINGTON REGISTERED LAN ARCHITECT LAU iUN R. BETHUNE CERTIFICATE NO. 462 REVISIONS O'BRIEN PLAT 8TH AVE SW. & S. 356TH ST FEDERAL WAY, WASHINGTON LANDSCAPE TREE PLAN JOB NO. #26107 FOR SUBMITTAL ONLY NOT FOR CONSTRUCTION USE SALE: 1 "=20'-P ATE: 02/03/06 RAWN: LIL FI M: LRB CITY( Btl :)PYRIGHT 2006 1 R2006 GEDtPPtNe y ME W 09 atit - p4---------- r�; U U W� Q' 0 °OW v f 0 Z IQ U ti JS �o � a I I 22' (CALC'D) 30' LINE RADIUS DELTA ARC C1 546.22' 12-2636" 118.63 L-CLZ 546.22 0'58'25' 9.28' C3 546,22' 11'28'11' 109.35' -b6 CONCEPTUAL DRAINAGE PLAN FOR THE O' BRIEN SHORT PLA T L 0 CA TED IN THE S. E. 114, OF THE N. W. 114, OF SECTION 30, T 0 WNSHIP 21 NORTH, RANGE 4 EAST, W.M. , KING COUNTY, WASHINGTON SSMH —�J RIM = 34753 12' PVC N.-S. CTR. CHANNEL = J27.24 0 0 II 3' ESMT. N0. 89112112211221 l DRIVEWAYS TO BE RESTORED TO GRASS �I �i CURB AND SIDEWALK TO BE RESTORED �� is n ALL WEATHER "`YO�YO�j TBR - ;ci � T SSMH RIVING O SF jB comma RIM = J49.63 NEW HQMET _ SHOULDERS / CON , RAVEL ' 12' PVC N.-S. DOWNSPOUT CONC.� / 18 a 0 REMAIN / / "�! ,1 ® CTR. CHANNEL = 327.95 DISPERSION h TBR FQR/PARKIN / � 00 DTL 1/ - 20/WIDE TO Ir 0. D' STFE BENCHMARK ROAD N899' 2"E 00' A SET 60D NAIL IN UP. LOT I \\T22 T23 O EL.= 350.57 U.S. FEET 11,267± SQ. FT. s :ANEW DRIVEW-A� P�LE T25 - f 12 SDMH - \ NORTH o RIM = 349.63 —CONC. GAR_ AGE TO q M 3__0.00'_ 24' RCP S.= 331.69 j[}-" Q^� 24' RCP E.= 331.59 S89 57'02"W 235.20' (CALC'D) 234 64' (PLAT) 20 INGRESS -EGRESS AN6 UTI TY-EASEMENT3so i ^� -3413 I�w a� `*off i I� 2c� 333 �350 N• I s'No�, 0 ygy I� I 30, o I S. 360TH ST. 338.33' (CALC'D & PLAT) S89'57'02'W 962.33' (CALC'D & PLAT) - - CONCEPTUAL DRAINAGE PLAN 1 "=30' * CONIFEROUS TREE T1: 8" FIR T2: 11" FIR T3: 8" FIR T4: 14" FIR O� T5: 18" FIR T6: 14" FIR - T5 W T4 T7: 8" FIR T8: 14" FIR / T9: 14" MADRONA T I T9 T10: 22" FIR /T7 Tii: 8" FIR�TB T12: 12" MADRONA T13: 10' FIR �$� l✓T11 / T14r 12" MADRONA L \ "T] T1: " FIR T73\ �n T1616 : 16" FIR �0 N T17. 24" FIR C T18: 20" FT14 IR��,,. T19: 20" FIR `pP% w I T20: 14" FIR -9Q T21: 19" FIR 19�0 6 15 * o 0 T22: 17" FIR T23: 14" FIR �� g T24: 12" FIR T25: 24" FIR �k'ti T ALL NEW ROOF RUNOFF SHALL BE ROUTED TO D 0 WNSPO UT DISPERSION TRENCHES PER D TL 1 /1. slope ° ° small catch basin or yard drain p o a ° a ° a ° °°� o ° level outlet 6 p a 2' x 10' °°°° oa°� % Op°°�° oQ �� p �° ° level trenches ° o, cl ° o 0 0 PLAN VIEW OF ROOF NTS DTL NTS �V O�T i, 2' PNW � �o� g y BELL ESMT. * ST LOT 2 110,025t SQ. FT ,,? Col standard 6" min °o ° ooaC�pae°° o 00o 4Mindispersion trench o ° % p oa °0 4" pert pipew/ notched grade board ss 18" min ° a ° o o ° poss °°°°° ° p° °° length 100' per 700 sq. ft.vo11R°•3@"washed rock of roof area, ° ° ° ° ° ° °° ° ° asee Figure 4.2.2.0 of the q q ° a° ° 2' TRANSITION STRIP (CRUSHED Surface Water Design Manual° +-24" min —.l TRENCH X-SECTION NTS 'ISPERSION T H NTS 5'-0' TO BE ALL WEATHER DRIVING -J SURFACE. 98% COMPACTED SUBGRADE 3"- 5/8 CRUSHED TOP COURSE COMPACTED TO 98% 2" COMPACTED DEPTH CLASS B — ASPHALT CONCRETE 1 1/2" MIN. COMPACTED DEPTH CRUSHED SURFACING TOP COURSE 2 1/2" MIN. COMPACTED DEPTH CRUSHED SURFACING BASE COURSE ADDITIONAL TREATMENT MAY BE - REQUIRED DEPENDING ON SOIL CONDITIONS. 2 1 /; REQUIRED DEPENDING ON SOIL CONDITIONS. SECTION E NTS Driveway Slope m fs 25'-0" MIN. — 20' 14' PAVIP 7 w w a a W 0 w 0 0 w 3'L'U77UN A —A NEW NTS 1 1 I 1 1 I S. S. w z 7 w 0 z z 0.02 FT., } o Q C N �E ILL! C Luz m V) Q �='I �002U f - I aisav I, i} maprotn� �3LU V I:---¢ ys--,L�...,.�-l. �'r >��U�OU Z� c I v,_ IS 348th St o Z ° ! of �9 III T III Woo I. I, 1 801 SW 356th St l�it!!liN� i j I cv- -'; IwI 1 La FI - _ C C� mop -I T (99)yyU m oo $ I - � �l ��•�2z � � [.,-pI{t`h �t'r+ 'Tc`, rIUU 15091 12th NE I c 11 z o a 2 z- RL K ` I v=ia-v� a NTS Vicinity ty Map jvj rn�w LEGAL DESCRIPTION: 3 y Y W M� (PER TICOR TITLE COMPANY ORDER N0. 6356435-1) `n LOT 2, BLOCK 3, L'ORIGAN MANOR, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 45 OF PLATS, PAGE 33, IN KING add l dl S COUNTY, WASHINGTON. V 7 BENCHMARK CITY OF FEDERAL WAY BENCHMARK NO. 2166-37 SOUTHWEST CORNER OF PSPL VAULT 50' NORTH OF SOUTH 356TH STREET ON 4TH AVENUE SOUTHWEST ELEVATION = 304.21 U.S. FEET. SITE BENCHMARK,• SET 60D NAIL IN UTILITY POLE ELEVATION = 350.57 U.S. FEET. DATUM. NAVD 88 Cat CONTOUR INTERVAL: ti 2.00 U.S. FEET pq ABBRFJ'i ATIONS BLC - BUILDING CORNER C - COMPACT Mhl MJ - MANHOLE CB - CATCH BASIN CL -- CLASS OVHD - MECHANICAL JOINT - OVERHEAD CO - CLEAN OUT D - STORM DRAIN PL PROPERTY LINE R/W DDCV - DOUBLE DETECTOR CHECK VALVE S - RIGHT-OF-WAY SANITARY SEWER 'mil r V DI - DUCTILE IRON DS - DOWNSPOUT SQ FT - SQUARE FEET jJ Eti 2 D� - DRIVEWAY S/W TC - SIDEWALK - TOP OF CURB EL - ELEVATION ESMT - EASEMENT TP - TEST PIT 1^.y r`; FD - FOUNDATION DRAIN S.N.O. NOTED OTHERWISE '`I r FDC - FIRE DEPT. CONNECTION FF W _ SOUTH WEST V Lp I r FINISH FLOOR FHY - FIRE HYDRANT E N - EAST - NORTH Q U FL - FLANGE JOINT - HANDICAP NW SW - NORTHWEST O -4 IE IE - INVERT ELEVATION NE - SOUTHWEST - NORTHEAST h L/S - LANDSCAPINGLINR FEET SE - SOUTHEAST CQ O LE'CL'ND. DESCRIPTION STORM SLIVER SANITARY SEWER WATER AC PAVING CONC. SIDEWALK SPOT ELE7ATIONS L 0 T 2 IMPER VIO US CALCULATIONS PARKING CONTOUR� EXISTING IMPERVIOUS = 4,590 SQ FT STORM CATCHBASIN IMPERVIOUS TO BE REMOVED = 2,783 S FT SANITARY SEWER MANHOLE Q WATER VALVE IMPERVIOUS TO REMAIN = 1,807 SQ FT FIRE HYDRANT IMPERVIOUS TO BE ADDED = 10777 SQ FT UTILITY POLE DECIDUOUS TREE CONIFER TREE GUY WIRE POLE GUY WIRE WATER METER REMOVED TREE RETAINED TREE VA- NE1P EXISTING ---5-- Ex -SEIVE 0 , X x_x. xx 50 _.---5p__ C) S x v � LO L,..1 �i Z I L N Z J w Q M N Of .+, d o V 01 01 E F - O Z p U J W v 3 m W pop 0 o w _o 4k I� 1 p o O i W 04 Y > LLJ 0c , Q � JIM M Q a pp vi Z W L5 LLJ ° w ^` W =U Z _ U V1 N � w Lo U a w �'�''( Z 0 ccV 00 I� '1 Z 1 V w 00 N O v CO N Z0 3Z am �0