The URL can be used to link to this page

07-104436-SU,',4kCITY OF Federal Way September 30, 2011 Richard Rivera PO Box 960 Seahurst, WA 98062 3 CITY HALL FiLt 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com RE: File #07-104436-00-SU; BLA RECORDING Rivera Office Building,1600 South 304th Street, Federal Way Dear Mr. Rivera: Please find the enclosed conformed copy of the Boundary Line Adjustment (BLA) document recorded with the King County Division of Elections and Records on September 20, 2011. The recording number is listed as 20110920900001. This project is now considered complete and the file is officially closed. If you have any questions, please contact me at 253-835-2641 or rebecca.chapin@cityoffederalway.com. Sincerely, �&A�v aAF�L- Becky Chapin Assistant Planner enc: Conformed copy of BLA King County Receipt Doc. I.D. 59082 CITY OF �. Federal Way March 28, 2008 Alexander G. Sasonoff 2201 SW 152°d Street Burien, WA 98166 RE: File #07-104436-00-SU; RIVERA OFFICE BUILDING 1600 South 3041h Street, Federal Way Dear Mr. Sasonoff: CITY HALL Fit F, 33325 8th Avenue South Mailing Address: PO Box 9718 Federal Way, WA 98063-9718 (253) 835-7000 www.cityoffederalway.com The above -referenced application was submitted to the City on August 9, 2007, and it was determined complete on November 16, 2007. Technical review of the submittal has been completed. Once the following comments have been addressed, the Department of Community Development will approve and record the Boundary Line Adjustment with the King County Recorder's office. Recording fees will be calculated and forwarded to the applicant once the resubmitted materials are ready to record. The applicant must submit a final signed mylar of the BLA and three paper copies. The mylar and copies of the mylar must have the signatures of all vested property owners. Public Works Department, Sean Wells, 253-835-2731, sean.wells@cityoffederalway.com The following technical review comments must be addressed, prior to approval of the BLA: Boundary Line Adjustment Maw Proposed Legal Description, verify the following: a. 6t' line: 76.84 feet. Plan view shows 73.84 feet. b. 8`h line: 89-53-35. Plan view shows the calculated bearing as 89-54-23. C. 9 h line: 00-00-29. Plan view shows the calculated bearing of 00-05-45, and the SP bearing of 05-05-23. Please submit (with the enclosed resubmittal form) five copies of the requested revisions along with a narrative detailing the revisions made to the plans. Within 14 days of a complete response to this request, the City will advise you of any additional technical requirements pertaining to the application. If you have any questions, please contact me at 253-835-2622, or david.lee@cityoffederalway.com. Sincerely, David Lee Associate Planner enc: Resubmittal Form Doc I D. 43675 ®K TICOR TITLE COMPANY 600 SW 39th Street, Ste 100, Renton, WA 98057 (425)255-7575 FAX (425)255-0285 Richard W. Rivera PO Box 960 Seahurst, WA 98032 Policy No. 6384262-E Customer Reference: Azure Estates Partnership/Stubbers/Ciccanti/Edmond/Rivera Enclosed, please find your policy for Title Insurance. Thank you for using Ticor Title Company. TICOR TITLE COMPANY RESUBMITTED CITY OF FEDERAL WAY BUILDING DEPT. SCHEDULE A `Pailicy No. 6384262-E-Ticor Title -WA- MTG Simultaneous Amount of Insurance: $ 265,000.00 Policy Date of Policy: February 22, 2007 at 03:12 PM Premium: $ 728.00 Sales Tax: $ 64.06 1. Name of Insured: Richard W. Rivera, married as his separate estate 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Richard W. Rivera, married as his separate estate 4. The land referred to in this policy is described as follows: Lot 1, King County Short Plat Number 179045, recorded under Recording Number 7909110873. Situate in the City of Federal Way, County of King, State of Washington. T Owners Policy Schedule A SCHEDULE B Policy No. 6384262-E EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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. -1. .Water rights, claims or title to water. SPECIAL EXCEPTIONS: 1. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT PLAT: RECORDED: September 11, 1979 RECORDING NUMBER: 7909110873 2. NOTICE OF SEWER AND/OR WATER CONNECTION CHARGE: GIVEN BY: Water District 124 -DATED: May 14, 1981 RECORDED: June 1, 1981 RECORDING NUMBER: 8106010918 3. EASEMENT FOR GRADING OF STREET SLOPES, AS NECESSARY, OVER PORTION OF PREMISES ADJOINING STREET OR ALLEY AS GRANTED IN INSTRUMENT: RECORDED: June 9, 1954 RECORDING NUMBER: 4453668 GRANTEE: King County :4.' ;.` 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 2007 Amount Billed: $1,986.45 Amount Paid: $993.23 Amount Due: $993.22 Owner's Policy Schedule B SCHEDULE B Policy No. 6384262-E (Continued) Tax Account Number: 052104-9204-01 Levy Code: 1205 Current Assessed Value: Land: $174,400.00 Improvements: $0.00 5. DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ADDRESS: 98124 LOAN NO.: AMOUNT: DATED: RECORDED: RECORDING NO.: Owner's Policy Schedule B Richard W. Rivera, married as his separate estate PRLAP, INC Bank of America, N. A. CCS-Small Business/Premier (re), wa1-501-13-10, PO BOX 84448 Seattle, WA not disclosed $172,250.00 February 21, 2007 February 22, 2007 �20070222002465 END OF SCHEDULE B HOME OWNErc'S INFLATION PROTECTION ENDORSEMENT Issued by TICOR TITLE INSURANCE COMPANY Attached to and forming a part of or Policy,of Title Insurance No. 6384262-E The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the insured Owner named in said Policy, hereby modifies said Polioy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustable Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index for the month of September immediately preceding exceeds such Index for the month of September one year earlier, provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, whichever shall first occur. PROVIDED, HOWEVER, this endorsement shall be effective only if. one of the following conditions exists at Date of Policy: a. The land described in this policy is a parcel on which there is only a one -to -four family residential structure, including all improvements on the land related to residential use, in which the insured Owner resides or intends to reside; or b.- The land consists of a residential condominium unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides,or intends to reside. This Endorsement, when countersigned below by an authorized signatory, is made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifes any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its _dulyauthorized officers. TICOR TITLE INSURANCE COMPANY . -. 156116W' INFLATION PROTECTION ENDORSEMENT ReordeiiForm No. 7686 ENDORSEMENT Issued by TICOR TITLE INSURANCE COMPANY Attached to and forming a part of Policy of Title Insurance No. 6384262-E This Endorsement shall be effective only if at Date of Policy there is located on the land described in said Policy a one -to -four family residential structure, in which the Insured Owner resides, either at Date of Policy or within one year of Date of Policy, as the insured owner's principal residence. For the purpose of this Endorsement the term "residential structure" is defined as the principal dwelling structure located on the land, together with a garage or . carport used for storage of noncommerical vehicles. The term "residential structure" shall not include detached outbuildings (other than a garage or carport as defined herein), driveways, walkways, boat ramps, docks, recreational facilities of any kind, subsurface lines, pipes, tanks, septic system and/or drainfields, plantings of any nature, perimeter fences or perimeter walls, or any other improvements which are not an integral part of the residential structure. 2. The Company hereby insures the Insured Owner against loss or damage which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any unrecorded statutory liens for labor or materials attaching to the estate or interest arising out of any work of improvement on the land in progress or completed at the Date of the Policy, except those liens arising out of a work of improvement for which the insured has agreed to be responsible. b, . the removal of the residential structure or interference with the use thereof for ordinary residential purposes as the result of a final Court Order or Judgment, based upon the existence at the Date of Policy of: (1) any encroachment of the residential structure or any part thereof onto adjoining lands, or onto any easement shown as a special exception in Schedule B of the Policy, or onto any unrecorded subsurface easement; (2) any violation on the land of enforceable covenants, conditions or restrictions provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease, sublease or contract of sale referred to in this Policy; (3) any violation of applicable zoning ordinances to the extent that such ordinances regulate (a) area, width or depth of the land as a building site for the residential structure; (b) floor space area of the residential structure; (c) setback of the residential structure from the property lines of the land; or (d) height of the residential structure. c.~ :damage to the residential structure resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals shown as an exception in Schedule B, or excepted from the description of the land. For purposes of this endorsement, the words "covenant," "conditions" or "restrictions" shaWnot be deemed to refer to or include any covenants, conditions or restrictions relating to environmental protection, except to the extent that a notice of violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in Schedule B. This Endorsement, made a part of the policy and is subject to all the terms and provisions thereof and of any prior -endofsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the polidy_ and any prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. TICOR TITLE INSURANCE COMPANY Authorized Sign6tdiy HOME OWNER'S ADDITIONAL PROTECTION ENDORSEMENT -WA Form F. 7683 (Rev:12.95) TICOR TITLE INSURANCE Policy of Title Insurance American Land SUBJECT TO THE EXCLUSIONS FROM Title Association COVERAGE, THE EXCEPTIU0, CON - Owner's Policy TAINED IN SCHEDULE B AND THE (10-17-92) PROVISIONS OF THE CONDITIONS AND STIPULATIONS, TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of: 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. 1. Title to the estate of interest described in This policy shall not be valid or binding until Schedule A being vested other than as countersigned below by an authorized signatory stated therein; of the Company. ISSUED BY: TICOR TITLE INSURANCE COMPANY if TICOR TITLE COMPANY .,,,,,1„rlrrrr,,. 600 SW 39TH ST., #100, RENTON, WA 98055, (425) 255-7575 ``,l'"Y!C .�►'' B Y Attest Authorized Sign to I �Ne • frrllul,55��1�� President Secretary ALTA OWNER'S POLICY (10-17-92) T#24 TICOR TITLE COMPANY . 600 SW 39th Street, Ste 100, Renton, WA 98057 (425)255-7575 FAX (425)255-0285 Richard W. Rivera PO Box 960 Seahurst, WA 98062 Policy No. 6386935-E Customer Reference: Andrew C. Cratsenberg, Sr./Rivera Enclosed, please find your policy for Title Insurance. Thank you for using Ticor Title Company, TICOR TITLE COMPANY RESUBMITTED AUG 13 2007 CITY OF FEDERAL WAY BUILDING DEPT. ENDORSEMENT Issued by, TICOR TITLE INSURANCE COMPANY Attached to and forming a part of Policy of Title Insurance No. 6386935-E 1. This Endorsement shall be effective, only if at Date of Policy there is located on the land described in said Policy a one -to -four family residential structure, in which the Insured Owner resides, either at Date of Policy or within one year of Date of Policy, as the insured owner's principal residence. For the purpose of this Endorsement the term "residential structure" is defined as the principal dwelling structure located on the land, together with a garage or carport used for storage of noncommerical vehicles. The term "residential structure" shall not include detached outbuildings (other than a garage or carport as defined herein), driveways, walkways, boat ramps, docks, recreational facilities of any kind, subsurface lines, pipes, tanks, septic system and/or drainfields, plantings of any nature, perimeter fences or perimeter walls, or any other improvements which are not an integral part of the residential structure. 2. The Company hereby insures the Insured Owner against loss or damage which the Insured Owner shall sustain by reason of: a. the existence at Date of Policy of any unrecorded statutory liens for labor or materials attaching to the estate or interest arising out of any work of improvement on the land in progress or completed at the Date of the Policy, except those liens arising out of a work of improvement for which the insured has agreed to be responsible. b. the removal of the residential structure or interference with the use thereof for ordinary residential purposes as the result of a final Court Order ar Judgment, based upon the existence at the Date of Policy of: (1) any encroachment of the residential structure or any part thereof onto adjoining lands, or onto any easement shown as a special exception in Schedule B of the Policyor onto any unrecorded subsurface easement; , (2) any violation on the land of enforceable covenants, conditions or restrictions provided that this coverage shall not refer to or include the terms, covenants and conditions contained in any lease, sublease or contract of sale referred to in this Policy; (3) any violation of applicable zoning ordinances to the extent that such ordinances regulate (a) area, width or depth of the land as a building site for the residential structure; (b) floor space area of the residential structure; (c) setback of the residential structure from the property lines of the land; or (d) height of the residential structure. c. damage to the residential structure resulting from the exercise of any right to use the surface of the land for the extraction or development of the minerals shown as an exception in Schedule B, or excepted from the description of the land. For purposes of this endorsement, the words "covenant," "conditions" or "restrictions" shall' -not be deemed to refer to or include any covenants, conditions or restrictions reiaUng to environmental protection, except to the extent that a notice of violation or alleged violation affecting the land has been recorded in the public records at Date of Policy and is not excepted in Schedule B. This Endorsement, made a part of the policy and is subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof, TICOR TITLE INSURANCE COMPANY 4.4 "* f-1 Authorized Sign ry HOME OWNER'S ADDITIONAL PROTECTION ENDORSEMENT -WA Form F. 7683 (Rev. 12.95) 1: HOME OWNER S INFLATION PROTECTION ENDuRSEMENT Issued by TICOR TITLE INSURANCE COMPANY Attached to and forming a part of or Policy of Title Insurance No. 6386935-E The Company, recognizing the current effect of inflation on real property valuation and intending to provide additional monetary protection to the insured Owner named in said Policy, hereby modifies said Policy, as follows: 1. Notwithstanding anything contained in said Policy to the contrary, the amount of insurance provided by said Policy, as stated in Schedule A thereof, is subject to cumulative annual upward adjustments in the manner and to the extent hereinafter specified. 2. "Adjustable Date" is defined, for the purpose of this Endorsement, to be 12:01 a.m. on the first January 1 which occurs more than six months after the Date of Policy, as shown in Schedule A of the Policy to which this Endorsement is attached, and on each succeeding January 1. 3. An upward adjustment will be made on each of the Adjustment Dates, as defined above, by increasing the maximum amount of insurance provided by said Policy (as said amount may have been increased theretofore under the terms of this Endorsement) by the same percentage, if any, by which the United States Department of Commerce Composite Construction Cost Index for the month of September immediately preceding exceeds such Index for the month of September one year earlier, provided, however, that the maximum amount of insurance in force shall never exceed 150% of the amount of insurance stated in Schedule A of said Policy, less the amount of any claim paid under said Policy which, under the terms of the Conditions and Stipulations, reduces the amount of insurance in force. There shall be no annual adjustment in the amount of insurance for years in which there is no increase in said Construction Cost Index. 4. In the settlement of any claim against the Company under said Policy, the amount of insurance in force shall be deemed to be the amount which is in force as of the date on which the insured claimant first learned of the assertion or possible assertion of such claim, whichever shall first occur. PROVIDED, HOWEVER, this endorsement shall be effective only if one of the following conditions exists at Date of Policy: a. The land described in this policy is a parcel on which there is only a one -to -four family residential structure, including all improvements on the land related to residential use, in which the insured Owner resides or intends to reside; or b. The land consists of a residential condominium unit, together with the common elements appurtenant thereto and related to residential use thereof, in which the Insured Owner resides,or intends to reside. This Endorsement, when countersigned below by an authorized signatory, is made a part of the policy and is; subject to all the terms and provisions thereof and of any prior endorsements thereto. Except to the extent expressly stated, it neither modifes any of the terms and provisions of the policy and prior endorsements, if any, nor does it extend the effective date of the policy and prior endorsements or increase the face amount thereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. TICOR TITLE INSURANCE COMPANY Authori!'-e■r - INFLATION PROTECTION ENDORSEMENT Reorder Form No. 7686 SCHEDULE B Policy No. 6386035-E (Continued) Tax Account Number: 052104-9019-06 Levy Code: 1205 Current Assessed Value: Land: $63,100.00 Improvements: $0.00 AFFECTS: Lot 2. 5. General property taxes and special district charges, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1 st half delinquent on May 1 st; 2nd half delinquent on November 1 st) Total Taxes for Year 2007 Amount Billed: $729.89 Amount Paid: $0.00 Amount Due: $729.89 Tax Account Number: 052104-9205-00 Levy Code: 1205 Current Assessed Value: Land: $64,000.00 Improvements: $0.00 AFFECTS: Lot 3. 6. DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: - Richard W. Rivera, a married man as his separate estate TRUSTEE: Ticor Title BENEFICIARY: Andrew C. Cratsenberg, Sr., and Luetta M. Cratsenberg trustees of the CF Trust, U/A dated June 21, 2001 ADDRESS: 2020 South 320th, Suite A, Federal Way, Washington 98003 LOAN NO.: not disclosed AMOUNT: $152,500.00 DATED: March 13, 2007 RECORDED: March 23, 2007 RECORDING NO.: 20070323002646 T END OF SCHEDULE B Owner's Policy Schedule B SCHEDULE B Policy No. 6386935-E EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 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. SPECIAL EXCEPTIONS:- 1. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT PLAT: RECORDED: September 11, 1979 RECORDING NUMBER: 7909110873 2. NOTICE OF SEWER AND/OR WATER CONNECTION CHARGE: GIVEN BY: Water District 124 DATED: May 14, 1981 RECORDED: June 1, 1981 RECORDING NUMBER: 8106010916 3. EASEMENT FOR GRADING OF STREET SLOPES, AS NECESSARY, OVER PORTION OF PREMISES ADJOINING STREET OR ALLEY AS GRANTED IN INSTRUMENT: RECORDED: June 9, 1954 RECORDING NUMBER: 4453668 GRANTEE: King County 4. General property taxes and special district charges, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1 st half delinquent on May 1 st; 2nd half delinquent on November 1 st) Total Taxes for Year 2007 Amount Billed: $719.64 Amount Paid: $0.00 Amount Due: $719.64 Owner's Policy Schedule B SCHEDULE A Policy No. 6386935-E-Ticor Title -WA- MTG Simultaneous Amount of Insurance: $ 177,500.00 Policy Date of Policy: March 23, 2007 at 03:45 PM Premium: $ 630.00 Sales Tax: $ 55.44 1. Name of Insured: Richard W. Rivera, married as his separate estate 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in: Richard W. Rivera, married as his separate estate 4. The land referred to in this policy is described as follows: Lots 2 AND 3 of King County Short Plat Number 179045, recorded September 11, 1979 under Recording Number 7909110873, in King County, Washington. Owner's Policy Schedule A =0 TICOR TITLE INSURANCE American Land SUBJECT TO THE EXCLUSIONS FROM Title Association COVERAGE, THE EXCEPTIONS CON- Owner's Policy TAINED IN SCHEDULE B AND THE (10-17-92) PROVISIONS OF THE CONDITIONS AND STIPULATIONS, TICOR TITLE INSURANCE COMPANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, notexceedingthe amountof insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate of interest described in Schedule A being vested other than as stated therein; y ISSUED BY: Policy of Title Insurance 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4 Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. This policy shall not be valid or binding until countersigned below by an authorized signatory of the Company. TICOR TITLE INSURANCE COMPANY JrTICOR LE COMPANY P# � 600 SW 39TH ST., #100, RENTON, WA 98055, (425) 255-7575 By ��n x?� �� i� .•17 = G Attest4' Authorized Signator "........ , «•' President Secretary ALTA OWNER'S POLICY (10-17-92) T#24 CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: TO: FROM: FOR DRC MTG. ON: August 13, 2007 Will Appleton, Development Services Manager Scott. Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Dave Mataftin, Federal Way Fire Department David Lee Internal Completeness Sept 30, 2007 FILE NUMBER(s): 07-104436-00-SU RELATED FILE NOS.: None PROJECT NAME: RIVERA OFFICE BUILDING PROJECT ADDRESS: 1600 S 304TH ST ZONING DISTRICT: PO PROJECT DESCRIPTION: Elimination of (2) lot lines creating a single lot from three existing lots. LAND USE PERMITS: Preliminary Plat, SEPA PROJECT CONTACT: ALEXANDER G SASONOFF 2201 SW 152ND ST 2062423735 (Work) MATERIALS SUBMITTED: Conceptual Lot Line Elimination. MASTER LAi,il USE APPLICATION CITY OF _ - Federal Way RECEIVED AU16 o 9 ?CDT CITY OF FE�DE IAL WAY 81JILDING DEFT, DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8`h Avenue South PO Box 9718 Federal Way WA 98063-9718 253-835-2607;Fax 253-835-2609 www.cityoffederalway.com APPLICATION NO(S) 0 7 - / V -- S "( Date p — % — 0 -1 Project Name _ �/ f/�/2A O��/CC /.3L)1L0/ �./CZ Property Address/Location . AS GI/ e22121V C- 2 5`f� -2304, 7-:(-/ A " ❑ 16 rN A Ul- 56 Parcel Number(s) C�2 210 4 Z d y D s ZJ D 41 � 19 / c5r � Project Description OfJ.'./Si7 W CT! (J►J �� IlIC C��=SIC �JC1ILl2 I r.ICT PLEASE PRINT Type of Permit Required Annexation Binding Site Plan _Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director=s Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information �., Zoning Designation Comprehensive Plan Designation �] Value of Existing Improvements 1 ./?/y-- _.Value of Proposed Improvements International Building Code (IBC): Occupancy Type /�� V- /NQ (A) Construction Type Applicant Name: A l-arAN oc�,e Address: 2-pj -5, tV,, Zyr� 5T, City/State: 13ok—fl =lit ji1 4 Zip: 9ga1 GG Phone: 206 Z � Z 373 5 Fax: ZC)& `2 4 2 3/ Ll 3 Email: aSOsol-lod�ce acd,carn7 Agent (if different than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner Name: �l4alcl ✓ � Address: /VJ 6,qx Y6,0 CitylState:-��,sf Zip: � ??ii Phone: Fax: G aZ c�Y S rtf Email: Signature: Bulletin #003 -August 18, 2004 Page 1 of 1 k:\Handouts\Master Land Use Application 0 Page 1 Figure Name: FULL PARCEL Course: S 89-54-06w Course: N 00-00-33 E Course: S 89-54-06 w- Course: N 00-00-33 E Course: S 89-54-23 w Course: S 00-05-45 w Course: N 89-54-06 E Arc Length: 39.22 Course: N 00-00-33 E Perimeter: 1168.04 07103 PROJECT: 07103 Distance: 108.00 Distance: 73.84 Distance: 65.00 Distance: 138.00 Distance: 116.32 Distance: 299.82 Distance: 264.82 Radius: 25.00 Delta:-89-53-32 Distance.: 63.02 Area: 54827.25 1.26 acres Mapcheck Closure -. (uses listed courses & COGO units) Error of Closure: 0.005 Course: S 00-24-16 E Precision 1: 224904.76 I. Page 1 RESUBMITTED SEP 01 2011 CITY OF FEDERAL WAY CDS CITY OF Federal Way DATE: September 8, 2011 TO: Ann Dower MEMORANDUM Community Development Services Department FROM: Becky Chapin SUBJECT: RIVERA OFFICE BUILDING - (07-104436-00-SU) — Resubmittal 1600 S 304TH ST Hi Ann, Attached please find the updated title report and lot calcs. The BLA is ready for recording, but let me know if you have any comments before I send it to King County. Thanks. geoAdvantage: King County of Washington State Page 1 of 1 ' U .� t83 .d��p�g A�i,�'�,q ❑Op��flS] �yU 4� i fl��lo�g� Dl� L1Q�g11g �O .,y�3 O", �� ph le � OO 3 304TH 5T Sentry Dynamics, Inc. and its TICOR TITLE COMPANY customers make no representations, ®r warranties or conditions, express or geoAdvantage implied, as to the accuracy or www.cigltshare.org208.777.1252 completeness of information contained in this report. RESUBMITTED SEP 01 2011 CITY OF FEDERAL WAY CDS http://geo.sentrydynamics.net/wa king/default.aspx 8/8/2011 20070323002644.001 AFTER RECORDING MAIL TO: Name Richard W -vera Addres P. . B x 4 cib, Stata 5 ahurst. W� 98462 Filed for Record at Request of: E2273387 03/23/2007 15:41 KINGi COUNTY, WA S10.00 SALE $0.00 pR0E001 OF 001 QUIT CLAIM DEED Ti-COc3. TITLE, THE GRANTORS) America Rivera, Wife of grantee herein I for and in consideration of No Consideration to establish separate property conveys and quit claims to Richard W. Rivera, Husband of grantor herein the following described real estate, situated in the County of King State of Washington, together with all after acquired title of the grantor(s) thcrein: Lots 2 and 3 of King County Short Plat Number 179045, recorded September 11, 1979 under Recording Number 7909110873, in King County, Washington Assessor's Property Tax Parcel/ACcOunt: 052104-9019-06/052104-9205-00 Dated: March 13, 2007 ti America Rivera STATEOF � ) COUNTY OF jA-- y — 1 certify that 1 know or have satisfactory evidence that wl A' V acknowledged that 0' s u bey) signed this instrument and (is/are) the person(s) who appeared before me, and said persons) ackna}vlcd cd it to be [h' p! ir) free and voluntary act f purposes mentionedin this rust nt. Dated: �� A — =Public in arM41 the stale of WIASHINGTON !igWC appointment expires: Q NOTARY BI_IC urusTo�t MARILYN K, BROWN EX°IRE 30Gi3 LP13-12(i) 7/97 20070323002645.001 AFTER RECORDING MAIL TO: Richard W. Rivera PO Box 960 Seahurst, WA 98062 2001 0 2309 1645 TxcoR xar�ot"L ua 33.00 PRCE001 OF 002 KING3COL01gYYSSWgS E2273392 Filed for Record at Request of: Ticor Title Company KYgk c0207ry aa gg SALE $177;5p0:0p PACE001 OF 001 STATUTORY WARRANTY DEED TICOR MLE THE GRANTOR(S) 6 3", q35 Andrew C. Cratsenberg, Sr. and Luetta M. Cratsenberg trustees of the CF Trust, u/a 21, 2001 dated June for and in consideration of ten dollars and other good and valuable consideration in hand paid, conveys, and warrants to Richard W. Rivera, married as his separate estate the following described real estate, situated in the County of King, State of Washington: Lots 2 AND 3 of King County Short Plat Number 179045, recorded September 11, 1979 under Recording Number 7909110673, in King CoLimy, Washington. Subject to easements, covenants. conditions and restrictions shown on Exhibit "A" as hereto attached and by thts reference made a pa!t Hereof. Assessor's Property Tax Parcel/Account Number: 052104901906/052104920500 Dated: March 13, 2007 Andrew C. Cratsenberg, Sr. and Luetta M. Cratsenberg Trustees of the CF Trust, u/a dated June 21, 2001 And C. Cratsenberg, 5r., T tee Lus- f4f. Crat berg, Trustee E,,��TATEOF ROWN STATE OF Washington IUBUC INGT 1<<''IRFCOUNTY OF King 08 I certify that I know or have satisfactory evidence that Andrew C. Cratsenberg, Sr. and Luetta M. Cratsenberg is a person(s)who appeared before me and said person(s) acknowledged that he/she signed this instrument , on oath slated that he/she was authorized to execute the instrument and acknowledged it a:, trustees of The CF Trust, umated June 21, 2001 to be free and voluntary act such party for the uses and purposes mentioned in a strument. Wtn my hand and o i ' I ea', s the Day of March, 2007. =Alota Public ROElfi{li My Commission Expires: (SEAL) Escrow No.: 6386935-E LPB-10 7197 • 20070323002646.002 EXHIBIT "AF, 1• COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT PLAT: RECORDED: September 11, 1979 RECORDING NUMBER: 7909110873 2• NOTICE OF SEWER AND/OR WATER CONNECTION CHARGE: GIVEN BY; Water District 124 DATED: May 14, 1981 RECORDED: June 1, 1981 RECORDING NUMBER: 810801091E 3. EASEMENT FOR GRADING OF STREET SLOPES, AS NECESSARY OVER PORTION OF PREMISES ADJOINING STREET OR ALLEY AS GRANTED IN INSTRUMENT: RECORDED: June 9, 1954 RECORDING NUMBER: 4453668 GRANTEE: King County ALT'A Commftent S.nl,iule c H 20070323002646.001 When recorded return to: Ahdrerr C. Cratsenberg, Sr. 2020 South 320th St. $A Federal Way, Wa 98003 20070323002646 , TICIR NATIONAL, t,T 35.00 PAGE0I t]F 003 93/23/2007 !'5:45 KING COUNTY, WA DEED OF TRUST (For use in the State of Washington only) THIS DEED OF TRUST, made this 13th day of March, 2007 between Richard W. Rivera, a married man as his separate estate .r r as GRANTOR(S),��•'• whose address is P.O. Box 960, Seahurst, Wa 98062 and Ticor Title Company as TRUSTEE, whose address is 600 SW 39th Street, Ste 100, Renton, Washington 98057 and Andrew C. Cratsenberg, Sr. and Luetta M. Cratsenberg trustees of the CF Trust, U/A dated June 21, 2001 as BENEFICIARY, whose address is 2020 South 320th, Suite A Federal Way, Washington 98003 WITNESSETH: Grantor(s) hereby bargain(s), spll{8}, and convey(s) to Trustee in trust, with power of sale, the following described real property in K.Rg County, Washington: Lots 2 and 3 of Ring County Short Plat Number 179045, recorded September 11, 1979 under Recording.Number 7909110873, in Rang County, Washington. TiCCR TITLE COMPANY h&S Abbreviated Legal: (Required if full legal not inserted above.) piaCed thl5 doeLlMent of reGUtd as s w9lon as' Courtesy and accepts no fiaNii4y fo, fhs accuraq orralidlyy of Tax Parcel Number(s): 052104-9019-06 IN dOCtlMON 052104-9205-00 which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter [hereunto belonging or in any wise appertaining, and the rents, issues, and profits thereof. This Deed of Trust is for the purpose of securing performance of each agreement of Grantor(s) contained in this Deed of Trust, and payment of the sum of One Hundred Fifty Two Thousand and NOI100ths Dollars ($ 152.500.00 ) With interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and mad* by Grantors), and all renewals, modifications, and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor($), or any of Grantor(s)' successors or assigns, together with interest thereon at such rate as shall be agreed upon. DUE DATE: The entire balance of the promissory note secured by this Deed of Trust together with any and all interest accrued thereon, shall be due and payable in full on January 10, 2008 To protect the security of this Deed of Trust, Grantor(s) covenant(s) and agree(s): 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure, or improvement being built or about to be built thereon; to restore promptly any building, LPB 22A-05(r-1) Page 1 of 4 20070323002646.002 structure, or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions, and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and assessments upon the property; to keep the property free and clear of all other charges, liens, or encumbrances impairing the security of this Deed of Trust. 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of "Trust. All policies shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor(s). The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application• by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all rights of the Grantor(s) in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary io foreclose this Deed of Trust. 5. To pay all costs, fees, and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statuto. 6. Should (3rantor(s) fail to pay when due any taxes, assessments, insurance premituns, Hers, encumbrances, or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. 7, DUE ON SALE: (OPTIONAL — Not applicable unless initialed by Grantor and Beneficiary.) The property described in this security instrument may not be sold or transferred without the Beneficiary's consent. Upon breach of this provision, Beneficiary may declare all sums due under the note and Deed of Trust immediately d gable, unless prohibited by applicable law. ., RWR Grantor initials ACC Beneficiary initials IVIC IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured by this Deed of Trust shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trust a shall reconvey all or any part of the property covered by this Deed of Trust to the person cntitled thereto, on written request of the Grantor(s) and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon defauit by Grantors) in the payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement contained in this Deed of Trust, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary subject to any cure period providcd.in the note secured by this Deed of Trust.. In such event and upon written request of Beneficiary, Trustee shall sell she trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee tray bid at Trustee's sale. Trustee shall apply the promds of the sale as follows: (1) to the expense of the sale, including a rea.onable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; and (3) the surplus, if any, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser all right, title and interest in the real and personal property which Gramor(s) had or had the power, to convey at the time of the execution of this Deed of Trust, and such as Grantors) may have acquired thereafter. Trustee's deed shalt recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrancers for value. 6. The power of sale conferred by this Deed ofTrwit and by the deed of Trust Act of tile, State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. LPB 22A-05(r-1) Page 2 of 4 20070323002646.003 7. In the event of the death, incapacity, disability, or resignation of Trustee, or at the discretion Of the Beneficiary, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee sha11 be vested with all powers of the original trustee. The truster is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of an action or preceedirig in which Grantor(s), Trustee, or Beneficiary shall be a party unless such-aciion or proceeding is brought by the Trustee. 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parries hereto, but an his/herltheir heirs, devisees, legatees, administrators, executors, and assigns. The term Beneficiary shall mean the holder and owner of the note secured hercby,w hethes or not named as i3eneftciary herein. 9. ADDITIONAL TERMS AND CONDITIONS: (check one) a. (a) None b. ( ) As set forth on the attached Exhibit which is incorporated by this reference. (Note: If neither "a" nor "b" is checked, then option "a" applies.) RI W. RLVEBA ;VLAYNY if. $RQWN F CSTATE OFSF INAri1i3GT��1 ECPIRSCOUNTY OFY30��I ta'rtify that I w. or have satisfactory ence thatnu �✓• " " �� t�� e rr, (is/are) the person(s) who appeared before ma, and said person(s) acknowledged thatc4/" signed this instrument and acknowledged it to be `�f�►L�- free and voluntary7'%N"olwy and purposes mentioned in i s inst umeni-- Dated: &12—z/o % name ' d or typed; Notary Public in and for the State of I UC-SA Residing at epp-4- My appointment expires: Atya a REQUEST FOR FULL RECONVEYANCE -Do not record. To be used only when note has been paid. TO: TRUSTEE The undersignod is the legal owner and holder of the note and ail other indebtedness secured by the iviihin Deed of Trust. Said note, together with all other indebledness secured by said Deed of Trust, has been fully paid and so[ isfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to caneel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust dell vcrcd to you herewith, together with the said Deed of Trust, and to reconvay, wilhoul warranty, to the parties designated by the [tams of said Deed ofTrust, all the estate now held by you Ihereunder. Dated: LPB 22A-05(i-1) Page 3 of 3 20080214001607.001 RETURN ADDRESS: Viking Bank _ Tacoma Office 5821 Sprague Court, Suite 101 Tacoma, WA 9MOS 2008029.4001607 PACIFIC NW TIT o'r 58.00 PAGM1 OF 005 02/14/2008 12:11 KING COUNTY, WR DEED OF TRUST 3 q 66 i7gI Xio DATE: February 6, 2008 Reference # (if applicable): 106800678Q Additional on page Grantor(s): 1. Rivera, Richard W. Grantee(s) 1. Viking Bank 2. Pacific Northwest Title Company of Washington, Inc., Trustee Legal Description: Lots 2-3, Rec. No. 7909110873 Additional on page 2 Assessor's Tax Parcel ID#: Lot 2, 052104-9019-06; Lot 3, 052104-9205-00 THIS DEED OF TRUST is dated February 6, 2008, among Richard W. Rivera, as his separate estate ("GrantoT"); Viking Bank, whose mailing address is Tacoma Office. 5821 Sprague Court, Suite 101, Tacoma. WA 98409 [referred to below sometimes as "Lander" and sometimes as "Beneficiary"I; and Pacific Northwest Title Company of Washington, lnc_, whose mailing address is 1119 Pacific Avenue, Suite 110, Tacoma, WA 98402-4374 (referred to below as "Trustee"). 20080214001607.002 DEED OF TRUST Loan No: 1068006780 (Continued) Page 2 CONVEYANCE AND GRANT. For valuable consideration, Grantor conveys to Trustee in trust with power of sale, right of entry and possession and for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights including stock in utilities with ditch or irrigation rig:its); and all other rights, royalties, and profits reia4ng to the real property, including without limitation all minerals, ail, gas, geothermal and similar matters, (the "Real Property") located in King County, State of Washington: Lots 2 and 3, King County Short Plat Number 179045, according to the plat thereof recorded September 11, 1979 under Recording Number 7909110873, in King County, Washington The Real Property or its address is commonly known as 1600 South 304th Street, Federal Way, WA 98003. The Real Property tax identification number is Lot 2, 052104-9019-06; Lot 3, 052104-9205-00. CROSS-COLLATERALIZATION. In addition to the Note, this Deed of Trust secures all obligations, debts and liabilities, plus interest thereon, of Grantor to Lender, or any one or more of them, as well as all claims by Lender against Grantor or any one or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether voluntary or otherwise, whether due or not due, direct or indirect, determined or undetermined, absolute or contingent, liquidated or unl(quidated, whether Grantor may be liable individually or jointly with others, whether obligated as guarantor, surety, accommodation party or otherwise, and whether recovery upon such amounts may be or hereafter may become barred by any statute of limitations, and whether the obligation to repay such amounts may be or hereafter may become otherwise unenforceable. Grantor hereby assigns as security to Lender, all of Grantor's right, title, and interest in and to all leases, Rents, and profits of the Property. This assignment is recorded in accordance with RCW 65.08.070; the lien created by this assignment is intended to be specific, perfected and Choate upon the recording of this Deed of Trust. Lender grants to Grantor a license to collect the Rents and profits, which license may be revoked at Lender's option and shall be automatically revoked upon acceleration of all or part of the Indebtedness. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property ithis privilege is a license from Lender to Grantor automatically revoked upon default). • The following provisions relate to the use of the Property or to other limitations on the Property. The Real Property is not used principally for agricultural purposes. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply, and shall promptly cause compliance by all agents, tenants or other persons or entities of every nature whatsoever who rent, lease or otherwise use or occupy the Property in any manner, with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, (A) declare immediately due and payable all sums secured by this Deed of Trust or (B) increase the interest rate provided for in the Note or other document evidencing the Indebtedness and impose such other conditions as Lender deems appropriate, upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property; or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Washington law. 20080214001-607:003 DEED OF TRUST Loan No: 1068006780 (Continued) Page 3 TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: 7 . Paymam. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services randared or material furnished to the Property. Grantor Shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Oeed Of Trust, except for the lien of taxes and assessments not due and except as Otherwise provided In fhls Deed of Trust Right to Contest, Grantor may withhold payment of any tax, assessment. Or claim in connection with a good faith dispute over the obllgation to pay, so long as Lender's interest in the Property is not ieonardixed, if a lien arlses or W filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, it a lien is filed, within fifteen 1151 days after Grantor has notice of the filing, secure the discharge Of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lander in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the Lien. In any contest, Gramor shall defend itself and Lender and shall satisfy any adverse lodgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand funllsh to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen OW days before any work is commenced, any services are furnished, Or any materials are supplied to the Property, if any mechanic's lien, materialman'a lien, or Other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cast of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintanance of Insutonea. Grantor shall Procure and maintain policies of firs insurance with standard oxiendad coverage endorsements on a fair value basis for the full Insurable value covering all Improvements an the Real Property in an amount sufficient to evold application of any coinsurance clause, and with a standard mortgagee clause in favor of Lander. Grantor shall also procure and maintain comprehensive general liability Insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and holler insurance, as Lander may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lander and issued by a company or companies reasonably acceptable to Lander. Grantor, upon request of Lender, will deliver to Lender from time to time the Policies or certifloates of Insurance in form satisfactory to Lender, including stipulations that coverages will naf be cancelled or diminished without at least thirty 130) days prior written notice to Lander. Each Insurance policy also shall include an endorsement providing that coverage in favor at Lanier will not be impaired in any way by any act, omission of default of Grantor or any other person. Should the Real Property be located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, $i available, within 45 days alter notice is given by Lander that the Progeny is located in a special (food hazard area, for the ftdl unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program. or as otherwise required by Lender, and to maintain such insurance to( the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of arty less of damage to the Property. Lender may make proof of loss if Grantor fails to do so within Rhean it$) days of the casualty. Whether or not Lender's security is Impaired, Lander may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair. Grantor shall repair or replace the damaged at destroyed Improvements in a mantwr satisfactory to Lander. Lender shale, upon satisfactory proof Of such axpendlture, pay or reimburse Grantor from the proceeds (Or the reasonable cost of repair or restoration If Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair of restoration of the Property s11011 be used first to pay any amount owing to Lander under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of (he Indebtedness, such proceeds shall be Paid without interest to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lander, however not more than once a year, Grantor Shall furnish to Lender a report on each existing policy of insurance showing; (1) the name of the insurer; (2) tha risks Insured;131 the amount of the policy: (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration deio of the policy, Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lander determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders interest in the Property or it Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, lncltrdmo but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust Or any Related Documents. Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, Including but not limited to discharging Or paying all taxes, liens, security Interests, encumbrances and other claims, at any time levied or plaOad on the Praprerty and paying all costs for insuring, maintaining and preserving the Property. All such expenditures inured or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the data incurred or paid by Lender to the data of repayment by Grantor. Ali such expenses will become a Part of the Indebtedness and, at Lender's option, wig (Al be payable on demand; (W be added to the balance of the Note and be apportioned among and bo payable with any installment Payments to become due during either Ill the term of any applicable insurance Policy; or (2) the ramaining term of the Note; or (Cl be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also WI secure payment of these. amounts; Such right shall be in addiVan to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a)i Grantor holds good and marketable title of record to the Property in fee simple, 20080214001607.004 DEED OF TRUST Loan No: 1068006780 {Continued) Page 4 free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title Insurance policy, title report. or final tide opinion issued in favor of, and accopted by. Lender in connection with this Dead of Trust, and tbl Grantor has the toll fight, power, and authority to executa and deliver this Deed of Trust to Lender. Defense of Title. Subject to the oxcepflon in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the Interest of Trustee or Lender under this Deers of Trust, Granter shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate h the proceeding and to be represented in itla proceeding by counsel of Lender's awn choice, and Grantor will deliver, or cause to bit delivered, to Lender such instruments as Lender may request from dmc to time to permit such participation. Compliance Vfrth Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranilas. All representations, warranties, and agreements made by Granter in this Dead of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lander shall be entitled to participate In the proceeding and to be represented in the proceeding by counsel of its own choice all at Grantor's expanse, and Grantor will deliver or cause to he delivered to Lender such instiumeras and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is Condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its into" on require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable rests, expanses, and atmrneys' fees incurred by Trustee or tender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Dead of Trust and take whatever other action is requested by Lender to perfect and continua Lendar's lien an the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses Incurred in recording, padecting or continuing this Deed of Trust, Including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall Constitute taxes to which ibis section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the indebtedness secured by this Dead of Trust; 121 a specific tax oft Granter which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type Of Dead of Trust; (31 a tax on this type of Dead of Trust chargeable against the Lend at or the holder of the Nate: and (41 a specific tax on all or any portion of the Indebtedness or an payments of principal and Interest made by Grantor. Subsequent Taxes. if any tax to which this section applies is enacted subsequent to the data of this Deed of Trust, this event shall have the. same effect as an Event of Default, and Lander may exercise any or all of Its available remodles for an Event of Default as provided below unless Grantor ether 11) pays the tax before it becomes dellnquent or 121 contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a su[ iclent corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This Instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Imerest. Upon request by Lander, Granter shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Ronts and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lander for all expanses incurred In perfecting or eonllnuing this security interest. Upon default, Grantor shag not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property In a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within fhree (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender [secured party) from which information concerning the security interest granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Codel are as stated on the tirst page of this Dsed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lander, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lander or to Lender's designee, and when requested by Lender, cause to be filed. recorded, refiled, or rerecorded, as the case may be, a[ such times and in such offices and places as Lender may daam appropriate, any and all such mortgages, deeds of trust, security deeds, seeurity agreements, financing statements, continuation statemen[s. instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve ill Grantor's obligations under the Rota, this Deed of Trust, and [ha Related Documents, and f2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or bander agrees to the contrary in writing, Grantor shall re'Itnburse Lander for all costs and expenses incurred in connection with the matters referred to in this paragraph, Attmaay-In-Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints 20080214-00?607:005 DEED OF TRUST Loan No: 1068006780 (Continued) Page 5 Lender as Grantor's attorney in -fact for the purpose of making, executing, delivering, filing, recording, and doing all Other things as may be necessary of desirable, in Lender's sole Opinion, to acoomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. if Granter pays all the Indebtedness when due, and otherwise performs all the obligations Imposed upon Grantor under this Dead of Trust, Lender shall execute and deliver to Trustee a request for full reeonveyanco and shall execute and deliver to Gramor suitable statements of termination Of any linarteing statement On file evidencirtg Lender's security Interest In the Rants and the Personal Property. Any reconveyance fee shall be paid by Grantor, if permitted by applicable law. The grantee in any reconveyance may be described as The "person or persons legally antitled thereto", and the recitals In the raconvcyance of any matter$ Or tact$ shall be conclusive proof of the truthfulness of any such matters or facts. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Dead of Trust or in any of the Rotated Documents or to comply with or to perform any term, obligation, covenant Or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor Of any other creditor or person that may materially affect any of Grantor's property of Grantor's ability to repay the Indebtedness or perform their respective Obligations under this Dead of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Dead of Trust w thu Related Documents I$ false or misleading In any material respect, either now or at the time media or furnished or becomes false or misleading at any time thereafter. Defective Collateragaation. This Deed of Trust or any of the Related Documents ceases to be in full force and effect linpluding failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or insolvency. The death of any Grantor, the insoivanay of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bonlcruptcy or insolvency laws by or against Granter. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedinge, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebredrress. This includes a garnishment Of any Of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default 0011 not apply if there is a good faith dispute by Grantor as to the validity or reosonablenass of the claim which is the bases of the creditor or forfeiture proceeding and it Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount dotermined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning arty indebtedness or other obligation of Grantor to Lender, Whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change Occurs in Grantor's financial condition, or Lender believes the Prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. flight to Cure_ It any default, other than a default In payment is curable and it Grantor has not been given a notice of a breach Of the same provision of this Dead of Trust within the preceding twelve 112) months, It may be cured if Grantor, after receiving written notice from Lender damendiog cure of such default; f11 cures the default within fifteen IIS) days; or (2) if the cure requires mm than fifteen (IS) days, immediately initiates steps which Lender deems in Lender's sole discretion to be suff-toient to cure the default and thereafter continues and completes all reasonable and necessary Steps sufffeient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Ehictfan of Remedes. Election by Landef to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an Obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shalr not affect Lender's right to declare a default and exercise its remediax. Accelerate Indebtedness. Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to exercise Its power of sale and to foreclose by notice and sate, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by appliiCeble law. UCC Remadfas. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedlas of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Granlor to take possession of and manage the Property and collect the Rents, Including amounts pest duo and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lander may require any tenant or other user of the Property to make payments of rent or use teas directly to render. It the Rents are collected by Lender, then Grantor irrevocably, designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the paymams are 20080214001607.006 DEED OF TRUST Loan No: 1068006780 (Continued) Page 6 made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lander shall have the right to have a receiver appointed to take possession of an or arty part of the Property, with the power to proleet and preserve the Property, to operate the Property preceding or pending foreclosure or Salo; and to collect the Rams from the Property and apply the proceeds, over and above the cost of the receivership,;Sinat the Indebtedness. The receiver may serve without Fond if permitted by law. Lender's Tight to the appointment of a receiver shall axiat whether or not the apparcrrt value of the Properly exceeds the Indebtedness by a substantial amount. Employment by Lender shall not tiNqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition - Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property, Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to raoover such sum as the court may adjudge reasonable as attomeys' fees at trial and upon arty appeal. Whother or not any court action is involved, and to the extent not. prohibited by law, all reasonable expenses Lender Incurs that in Lender's opinion are necessary at any time for the protection or its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable taw, Lender's attorneys' fees and Lender's legal expenses, whether at not them is a lawsuit, including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or Injunction), appeals, and any anticipated posrjudgrnent collection services. the cost of searching records, obtaining title reports (]nclud(ng foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee (pursuant to Lender's instructions) are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the w0rton request of Lender and Grantor; (a) join in preparing and filing a map or plat of the Real Property, Including the dedication of streets or other sights to the public; [b] join in granting any easement or creating any restriction on the Real' Property; and (a) join in any subordination or other agreement affecting this Dead of Trust or the Interest el Lender under this Deed of Trust. Obligations to Notify. Trustee shall not be obligated to notify any other party of a pending sale under any other trust deed or Gen, or of any action or proceeding in which Grantor, Lender, or Trustee shall be a party, unless required by applicable law, or unless the action or proceeding is brought by Trustee. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property. the Trustee shall have the right to foreclose by notice and safe, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Successor Trustee. Lender, at Lender's option, may from time to time appoint a successor Trustee to any Trustee appointed under this Deed of Trust by an instrument executed and acknowledged by Lender and rarrorded in the office of the recorder of King.County, State of Washington. The instrument shall contain, in addition to all other matters required by state law, the names of the original Lender, Trustee, and Grantor, the book and page or the Auditor's File Number where this Deed of Trust is recorded, and the name and address of the successor trustee, and the instrument shall be executed and acknowledged by Lender or its successors in interest. The successor trustee. without conveyance of the Property, shall succeed to all the title, power, and duties conferred upon the Trustee in this Dead of Trust and by applicable law. This procedure for substitution of Trustee shall govern to the exclusion of all other provisions for substitution. NOTICES. Subject to appflcable law, and except for notice required or arfdvyed by law to be givan in another manner, any notice required to be given under this Deed of Trust, including without limitation any nodes of default and any notice of sale shall be given in writing, and sfwll be effective when actually delivered, when actually received by telefacsimiio {unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, it mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. All aspics of notices of foreclosure from the holder of any lien which has priority over this Deed of Trust shall be sent to Lender's address, as shown near the beginning of this Deed of Trust. Arry party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to Change the party's address. For notice purposes, Grantor agrees to keep Lender informed at al( limas of Grantor's current address. Subject to applicable law, and except for notice required or allowed by lav, to be given in another manner, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. This Deed of Trust, together with arty Related Documents, constitutes the antire understanding and agreement of the parties as to the matters act forth in this Dead of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's 2008=4001807:007 DEED OF TRUST Loan No: 1068006780 (Continued) Page 7 previous fiscal year in such form and detail as Lender shaft require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Captlon headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Narger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or far the benefit of Lender in any capacity, without the written consent of Lender. Govarning Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the axtent not preempted by federal law, the laws of tra State of Washington without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Washington. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of icing County, State of Washington. No Waiver by Lender. Lander shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of auch right or any other right. A waiver by Lender of it provision of this Dead of Tnfst shall nat prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that Provision or any other provision of this Deed of Trust. No prior waiver by lender, nor any Bourse of dealing between Lender and Grantor, shslt constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any Instance shall not constitute continuing consont to subsaqusni instances whore such consent is required and in all cases such consent may be granted or withhold In this sole discretion of Lender. Severablihy, IF a court of competent jurisdiction linds any provision of this Dead of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision Riegel, invalid, or unenforceable as to any other Circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provislon cannot be so modified, it shag be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unanfortleability of any provislon of this Deed of Trust shall not affect the legality, valldity or enforceability of any other provision of this Dead of Trust. Successors and Assigns. Subject to any limitations stated In this Dead of Trust on transfer of Grantor's Interest, This Dead of Trust shalt be hinding upon and inure to the benelit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or Iiablfty under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and bettaffts of the homestead exemption laws of the State of Washington as to all Indebtedness secured by Ibis Deed of Trust. DEFINTTIONS. The following capitalized wards and terms shall have the following meanings when used in this Deed of Trust, ilniess specifically stated to the contraby, all references to dollar amounts shall mean amounts In lawful money of the united States of America. Words and terms used in the singular shall include the plural, and the plural shall Include the singular, 09 the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Viking Bank, and its successors and assigns. Borrower. The word "Borrower" means Richard W. Rivera and includes all co-signers and co -makers signing the Note and all thew successors and assigns. Dead of Trivet- The words "Deed of Trust" mean this Dced of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security intrsrest provisions relating to the Personaf Property and Rants. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means Richard W. Rivera. Guaranty. The word "Guaranty" means The guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Improvements. The word "Improvements" means all existing and future Improvements, buildings, structures, moblle homes affixed on the Real property, facilities, additions, replacement& and other construction on the Real Property. Indebtedness. The word 'Indebtedness" means ail principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, Together with all renewals of, extensions of, modificetions of, consolidations of and suWtutlons for the Note or Related Documents and any amounts expanded or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this feed of Trust, together with interest an such amounts as provided In this Deed of Trust. Specifically, without limitation, Indebtedness includes all amounts that may ba indlractly secured by the Crass-Colrateralization provision of this Deed of Trust. Lender. The word "Lender" means Viking Bank, its successors and assigns. Note. The word 'Note" means The promissory note dated February 6, Me, in the original principal amount of $138,750.00 from Grantor to Lender, together with all renewals or, extensions of, modifications of, relinamings of, consolidations of, and substitutions for The promissory note or agreement. NOTICE TO GRANTOR: THE. NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property' mean alf equipment, fixtures, and other articles of personal property now of hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and ail substitutions for, any of such property; and together with all issues and profits thereon and pr0000da;including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. ' — 20080214001607.008 DEED OF TRUST Loan No: 1068006780 (Continued) Page 8 Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness; provided, that the environmental indemnity agreements are not "Related Documents" and are not secured by this Deed of Trust. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means Pacific Northwest Title Company of Washington, Inc., whose mailing address is 1119 Pacific Avenue, Suite 110, Tacoma, WA 9B402-4374 and any substitute or successor trustees. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: X R h era INDIVIDUAL ACKNOWLEDGMENT STATE OF V y[!-s" ` J )SS COUNTY OF -pi Y On this day before me, the undersigned Notary Public, personally appeared Richard W. Rivera, personally known to me or proved to me on the basis of satisfactory evidence to be the individual described in and who executed the Deed of Trust, and acknowledged that he or she signed the Deed of Trust as his or her free and voluntary act and deed, for the uses and purposes therein mentioned. j �.7y Given under my hen and official sea this I J / ' :day of B ;tt r �' ��R� : �esiding at ace- : � 1 �o Note Public In and for the State of ]N�C : u ��T��Y fty eommisslon expires b a ;toy"rr REQUEST FOR FUWAtCONVEYANCE To: Trustee The undersigned is the legal owner and holder of all indebtedness secured by this Deed of Trust. You are hereby requested, upon payment of all sums owing to you, to reconvey without warranty, to the persons entitled thereto, the right, title and interest now held by you under the Deed of Trust. Date: Beneficiary: By: Its: LASER PRO Landing, Ver. 5.39,00.008 Copr. Harland Financial Solutions, Inc. 1997, 2008. All Rights Reserved. - WA F:IHARLAND\CFI\LPL\G01.FC TA-4337 PR-23 20070222002463.001 AFTER RECORDING MAIL TO: Name Richard W. Rivera Address P.O. Box 960 City $late Seahurst. Washington 98062 Filed for Record at Request of: I� I 20010222002463 TICOR NATIO1 QLO 32.00 PgGE003 of 0B1 02/22/2037 15:32 KING COUNTY, 6A QUIT CLAIM DEED TI-CO-R TMF THE GRANTOR(S) America Rivera, Wife of grantee herein for and in consideration of No Consideration to establish separate property conveys and quit claims to Richard W. Rivera, Husband of grantor herein the following described real estate, situated in the County of King State of Washington, together with all after acquired title of the grantor(s) therein: Lot 1, King County Short Plat Number 179045, recorded under Recording Number 7909110873, Situate in the City of Federal Way, County of King, State of Washington. Assessor's Property Tax Parcel/Account: 052104-9204-01 Dated: February 21, 2007 America Rivera STATEOFF_-[/_! -k— ) COUNTY OF ,�!��L � ) ss MARIL VWVIC STATE OF WASHINGTON cOMMISSION EXPIRES MAiY 30 2008 I certify that I know or have satisfactory eviderce that America Rivera (Ware) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) acknowledged it to be, (his/herAheir) free and voluntary a uses an rpmocs mentioned in this irLW Dated: --. 1-2— 2-10 Notary Public in qn or the state of f� My appointment expires; U MARILYN IC. BROWN E2266996 02/22/2007 14:55 KING COUNTY, WA SALE a$0.00 PAGE001 OF 001 this instrument and LP13-12(i) 7/97 20070222002464.001 AFTER RECORDING MAIL TO: Richard W. Rivera PO Box 960 Seahurst, WA 98032 Filed for Record at Request of: Ticor Title Company STATUTORY WARRANTY DEED ulco-I TITLE THE GRANTOR{SI �Mz/ "ALUre Estates Partnership" composed of Raymond Stubbers and Loretta Stubbers, his wife-, Anthony Ciccanti and Elizabeth Ciccanti, his wife; and Roy Edmondson III, a single man. for and in consideration of ten dollars and other good and valuable consideration in hand paid, conveys, and warrants to Richard W Rivera, married as his separate estate the following described real estate, situated in the County of King, State of Washington: Lot 1, King County Short Plat Number 179045, recorded under Recording Number 7909110873. Situate in the City of Federal Way, County of King, State of 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 Property Tax Parcel/Account Number: 052104-9204-01 Dated: ;~ebruary. 15, 2007 Azure Estates Partnership BY: �' a Roy F. mondson III, Managing Partner FSTATE N K. 3"OWN Y PLlB�IG STATE OF Washington WASHINGTON COMMISSION EXPIRES COUNTY OF King MAY 30, 2008 I certify that I know or have satisfactory evidence that Roy Edmondson, III is a person(s)who appeared before me and said person(s) acknowledged that he/she signed this instrument , on oath stated that he/she was authorized to execute the instrument and acknowledged it as the managing partner of Azure EstatesPartnership to be free and voluntary act such party for the uses and purposes mentioned in the instrument ess y hand and /cial e , this the Day of Zi 2007. Notary PubliV MARUN K. BRt-WAS My Commission Expires: 5-131)/o- (SEAL) E2267001 02/22/2007 15:00 KING COUNTY, NA SALE $215.000:00 PAGE001 OF 001 Escrow No.: 6384262-E LPB-10 7/97 f 20070222002464.002 EXHIBIT "A" 1. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT PLAT, RECORDED: September 11, 1979 RECORDING NUMBER: 790911o873 2. NOTICE OF SEWER AND/OR WATER CONNECTION CHARGE: GIVEN BY: Water District 124 DATED: May 14, 1981 RECORDED: June 1, 1981 RECORDING NUMBER: 8106010918 3. EASEMENT FOR GRADING OF STREET SLOPES, AS NECESSARY, OVER PORTION OF PREMISES ADJOINING STREET OR ALLEY AS GRANTED IN INSTRUMENT: RECORDED: June 9, 1954 RECORDING NUMBER: 4453668 GRANTEE: King County nt.Tn Commitment Sc"eaule C 20070222002465.001 RETURN ADDRESS: Bank of America, N.A. GCIB Credit Services; MA6-535-02-15 1075 Main Street, 2nd Floor Waltham, MA 02451 20070222002465 KING COUNTY, UA DEED OF TRUST DATE: February 21, 2007 Reference # (if applicable): 826737 Grantor(s): 1. Rivera, Richard W. G rantee(s) 1. Bank of America, N.A. 2. PRLAP, Inc., Trustee Legal Description: Lt 1, KCSP #179046, Rec #7909110823 Assessor's Tax Parcel ID#: 0521049204 TWOR. TULE �,�yz - D Additional on page Additional on page Exhibit 'A' THIS DEED OF TRUST is dated February 21, 2007, among Richard W. Rivera, a married man, whose address is 2640 Southwest 163rd Street, Burien, WA 98166 ("Grantor"); Bank of America, N.A., whose mailing address is CCS-Small Business/Premier (RE), WA1-501-13-.10, P.O. Box 84448, Seattle, WA 98124 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and PRLAP, Inc., whose mailing address is 10850 White Rock Road, Ste. 101. Rancho Cordova, CA 95670 (referred to below as "Trustee"). 20070222002465.1= DEED OF TRUST (Continued) Page 2 CONVEYANCE AND GRANT. For valuable consideration, Grantor conveys to Trustee in trust with power of safe, right of entry and possession and for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigatlon rights); and all other rights, royalties, and profits relatingg to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Heal Property") located in King County, State of Washington: See Exhibit 'A', which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as 1500 South 304th Street, Federal Way, WA 98003. The Real Property tax identification number is 0521049204. Grantor hereby assigns as security to tender, all of Grantor's right, title, and interest in and to all leases, Rents, and profits of the Property. This assignment Is recorded in accordance with RCW 65.08.070; the lien created by this assignment is intended to be specific, perfected and choate upon the recording of this Deed of Trust. Lender grants to Grantor a license to collect the Rents and profits, which license may be revoked at Lender's option and shall be automatically revoked upon acceleration of all or part of the Indebtedness. THIS [TEED OF TRUST. INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS - GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; (b) Grantor has the full power, right, and authority to enter into this Deed of Trust and to hypothecate the Property; (0 the provisions of this Deed of Trust do not conflict with, or result in a default under any agreement or other instrument binding upon Grantor and do not result in a violation of any law, regulation, court decree or order applicable to Grantor. (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis information about Borrower's financial condition; and (e) Lender has made no representation to Grantor about Borrower (including without limitation the creditworthiness of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "One action' or "anti -deficiency" law, or any other law which may prevent Lender from bringing any action against Grantor, Including a claim for deficiency to the extent Lender is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Borrower and Grantor shall pay to Lender all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shall strictly perform all their respective obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default. Grantor may (t I remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property (this privilege is a license from Lender to Grantor automatically revoked upon default). The following provisions relate to the use of the Property or to other limitations on the Property. The Real Property is not used principally for agdoultural purposes. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor. will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the heal Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's Interests and to inspect the Real Property for purposes of Grantor's 20070222002465.003 DEED OF TRUST (Continued) Page 3 compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply, and shall promptly cause compliance by all agents, tenants or other persons or entities of every nature whatsoever who rent, lease or otherwise use or occupy the Property in any manner, with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so, long as, in Lender's sole opinion, Lender's interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, (A) declare immediately due and payable all sums secured by this Deed of Trust or (B) increase the interest rate provided for in the Note or other document evidencing the Indebtedness and impose such other conditions as Lender deems appropriate, upon the sale or transfer, without Lender's prior written,consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer" means the conveyance of Real Property or any 'right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by Washington law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, if any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and wilt pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and Issued by a company or companies 20070222002465.004 DEED OF TRUST (Continued) Page 4 reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least thirty (30) days prior written notice to Lender. Each insurance policy also shell include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person, Should the Real Property be located in an area designated by the Director of the Federal Emergency. Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if.Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after- their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid without interest to Grantor as Grantor's interests may appear. Grantor's Report on Insuranco. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; 12) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when dole any arnounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the indebtedness and, at Lender's option, will (A) be payable on demand; (6) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1), the term of any applicable insurance policy; or (2) the remaining term of the Note; or (0- be treated as a balloon payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE:. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title, Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Granter has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate In the proceeding and -to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. 20070222002465.006 DEED OF TRUST (Continued) Page 5 Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Borrower's Indebtedness shall be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice all at Grantor's expense, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes. Fees and Charges. Upon request by Lender, Grantor shati execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and cantinue Lender's lien on the Real Property, Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Borrower. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (21 contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surely bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS, The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this (feed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law, Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following, provisions relating to further assurances and attorney -In -Fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be miade, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, +ec❑rded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security 20070222002465.006 DEED OF TRUST jContinued) Page 6 agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. If Borrower and Grantor pay all the Indebtedness when due, and Grantor otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee shall be paid by Grantor, if permitted by applicable law. The grantee in any reconveyance may be described as the "person or persons legally entitled thereto", and the recitals in the reconveyance of any matters or facts shall be conclusive proof of the truthfulness of any such matters or facts. EVENTS OF DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Borrower fails to make any payment when due under the Indebtedness. Other Defaults. Borrower or Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower or Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Default in Favor of Third Parties. Should Borrower or any Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Borrower's or any Grantor's ability to repay the Indebtedness or perform their respective obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Borrower or Grantor or on Borrower's or Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The dissolution or termination of Borrower's or Grantor's existence as a going business, the insolvency of Borrower or Grantor, the appointment of a receiver for any part of Borrower's or Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Borrower or Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Borrower's or Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower or Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Borrower or Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Borrower or Grantor under the terms of any other agreement between Borrower or Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Borrower or Grantor to Lender, 20070222002465.007 DEED OF TRUST (Continued) Page 7 whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any Guarantor of any of the Indebtedness or any Guarantor dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Borrower's or Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure. RIGHTS AND REMEDIES ON DEFAULT, If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness, Lender shall have the right at its option to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Borrower would be required to pay. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to exercise its power of sale and to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Borrower or Grantor to take possession of and manage the Property and Collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding or pending foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the (Vote or by law. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any sult or action to enforce any 'of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear 20070222002465.008 DEED OF TRUST (Continued( Page 8 interest at the Note rate from the date of the expenditure until repaid. Expenses covered by thjg without limitation, however subject to any limits under applicable law, Lender's attorneys' this and Lender's legal expenses, whether or not there is a lawsuit, including attorneys' fees and ex n Paragraph include, (including elite t0 modify or vacate any automatic stay. or Injunction appeals and any anticipated post -judgment ,collection services, the cost of searching records, obtaining title reports {includ g foreclosure reports), surveyors' bankruptcy proceedings reports, and appraisel fees, title insurance, and fees for The Trustee, to the extent permitted by applicable taw' Grantor also wiff pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have Off of the rights and duties of Lander as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The foilowin (pursuant to Lender's instructions) are part of this peed of Trust: g provisions relating to the Powers and ob!lgations of Trustee Powers of Trustee. In addition to all Powers of Trustee arising e a matter of law, Trustee shail have the take the following actions with respect to the Pro e preparing and filing a wrap or plat of the Real Pr p rtY upon the written request of lender and Grantor: lay join to Public; (by join in granting any easement or creaPerg , including ionthe de the Real Property -,in subordination or other agreement affecting this Deed of Trust or the interest of Lender streets der th"s Acted a rights n the p rty: and {cl join in any Qbilgapans to Notify, Trustee shall nor be Trust. trust deed or lien, or of any action or Proceeding whichto ) Grantor, her party of a pending sale under an required by applicable law, or unless the action or proceeding is brought n Trustee. y other Trustee. Trustee shall meat all qualifications required lender, or Trustee shall be a party, unless athe rights nd remedies set forth above, with respect to all a y part for Trustee under aaw. tion _ foreclose by notice and sale, and Lender shall have the right roftorec[osethe tyciheeT Trustee shalIn l have he right to accordance with and to the full extent provided by applicable law. Succassor Trustee. Lender, at Lender's option, may from time to time & Y judicial ioreolasure, in either case In appointed under this (Teed of Trust by an instrument executed and acknowledged by Lander and recorded in the Office to the recorder of Kin appoint a successor Trustee to any Trustee matters re y g County State of Washington. The instrument shall contain, in addition to all other required b state lave, the names of the original Lender, Trustee, and Grantor, the book and Auditor's File Number. where this heed of Trust is recorded, and the name and address of the succespage or sor Lrustse, and the Instrument shayf be executed and acknowledged by Lender or its successors in Interest, The successor trustee, without conveyance Of the Property, Trustee in'this Deed Of Trust and b a shaft succeed to all the title, power, and duties conferred open the exclusion of all other provisions for subst icablej few. This procedure for substitution of Trustee shall govern to the NOTICES. Subject to applicable law, and except for notice required or allowed by law to be any notice required to be given under this Deed of Trust, including without yfmitation any notice of default and any notice of sale shall be given in writing given fn or) manner, mailed, he sunless ed i otherwise required by law), when deposited with a nationally recognized overnight courier, or, if $, and shalt be effective when actually delivered. when actually received by mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Reed of Trust. certified copies o res f any lien which has priority over this peed of Trust shall be sent es Lender's address, as shown near the beginning of this peed of Trust. An p 's notices of foreclosure from the inning of notice to the other parties s specifying Y may change its address for notices under this [Seed of Trust b Purpose, Grantor agrees it keep Lender Informed at all times of Grantor's current address. Subject to a [sc that the purpose of the notice is to change the Party's address. For notice giving formal written and except for notice required or allowed by mew to be given in another manner, if there is more than one Granter, an notice given by Lender to any Grantor is deemed to be notice given to all Grantors. pp able taw, DISPUTE fE�gp1UTJQN PROVISION. This paragraph. including the subparagraphs below, is referred to as the "DisputeY Resolution Provision," This Dispute Resolution Provision is a material inducement for the Parties enteringm agreement. nto (a) This Dispute Resolution Provision concerns the resolution of any controversies or claims between the this whether arising in contract, tart or b relate to: {i] this agreement sincludin Y statute, Including but not limited to controversies or claims that arise out of or agreement {collectively a (Including g any renewals, extensions or modifications); or {ii) any document related to this include any parent o ) For the purposes of this Dispute Resolution Provision only, the term oribed o e subsidiary or affiiiate of Lender involved in the servicin , of any obligation described Or evidenced by this agreement. parties" shay) 9 management or administration M At the request of any party to this agreement, any Claim shall be resolved by binding arbitration in accordance with the Federal Arbitration Act (Title 8, U-S. C sat "Act"), The Act will apply even though this agreement provides that it is governed by the law of a specified icy Arbitration proceedings will be determined in accordance with the Act, the then -current rules and procedures for the arbitration of financial services disputes of the American Arbitration Association or any successor thereof f"AAA"), and 20070222002465.009 DEED OF TRUST (Continued) Page 9 the terms of this Dispute Resolution Provision. In the event of any inconsistency, the terms of this Dispute Resolution Provision shall control. If AAA is unwilling or unable to (1) serve as the provider of arbitration or (li) enforce any provision of this arbitration clause, the Lender may designate another arbitration organization with similar procedures to serve as the provider of arbitration. (d) The arbitration shall be administered by AAA and conducted, unless otherwise required by law, in any U.S. state where real or tangible personal property collateral for this credit is located or if there is no such collateral, in the state specified in the governing law section of this agreement. All Claims shall be determined by one arbitrator, however, if Claims exceed Five Million Dollars ($5,000,000), upon the request of any party, the Claims shall be decided by three arbitrators. All arbitration hearings shall commence within ninety (90) days of the demand for arbitration and close within ninety (90) days of commencement and the award of the arbitrator(s) shall be issued within thirty (30) days of the close of the hearing. However, the arbitrator(s), upon a showing of good cause, may extend the commencement of the hearing for up to an additional sixty. (60) days. The arbitrator(s) shall provide a concise written statement of reasons for the award. The arbitration award may be submitted to any court having jurisdiction to be confirmed and have judgment entered and enforced. (a) The arbitrator(s) will give effect to statutes of limitation in determining any Claim and may dismiss the arbitration on the basis that the Claim is barred. For purposes of the application of any statutes of limitation, the service on AAA under applicable AAA rules of a notice of Claim is the equivalent of the filing of a lawsuit. Any dispute concerning this arbitration provision or whether a Claim is arbitrable shall be determined by the arbitrator(s), except as set forth at subparagraph (h) of this Dispute Resolution Provision. The arbitrator(s) shall have the power to award legal fees pursuant to the terms of this agreement. (f) This paragraph does not limit the right of any parry to: 0 exercise self-help remedies, such as but not limited to, setoff; 00 initiate judicial or non -judicial foreclosure against any real or personal property collateral; liii) exercise any judicial or power of sale rights, or (iv) act in a court of law to obtain an interim remedy, such as but not limited to, injunctive relief, writ of possession or appointment of a receiver, or additional or supplementary remedies. (9) The filing of a court action is not intended to constitute a waiver of the right of any party, including the suing party, thereafter to require submittal of the Claim to arbitration. (h) Any arbitration or trial by a judge of any Claim will take place on an individual basis without resort to any form of class or representative action (the "Class Action Waiver"). Regardless of anything else in this Dispute Resolution Provision, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. The parties to this Agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate Claims. If the Class Fiction Waiver is limited, voided or found unenforceable, then the parties' agreement to arbitrate shall be null and void with respect to such proceeding, sub;ect to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. FINAL AGREEMENT. ORAL AGREEMENTS OR ORAL AGREEMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. NON-AGRICULTURAL PURPOSE CREDIT. Grantor represents and warrants to Lender that the real property conveyed by this Deed of Trust is not used'principally for agricultural purposes. ADDRESS FOR NOTICES. Notwithstanding anything to the contrary herein, all notices and communications to the Lender shall be directed to the following address - Bank of America, N.A. Waltham GCIB Credit Services MA6-535-02-09 1075 Main Street Waltham, MA 02451-7424. ENVIRONMENTAL OBLIGATIONS. Notwithstanding anything to the contrary contained herein, this Dood of Trust shall not secure the obligations arising in favor of Lender under any environmental agreements or any indemnities or other obligations related to Hazardous Substances or Environmental Laws. ENVIRONMENTAL REPORTS. In the event Lender has a duty or obligation under applicable laws, regulations or other requirements to disclose any information concerning Hazardous Substances or Environmental Laws to borrower or any other party, Lender is hereby authorized to make such a disclosure. Lender may also disclose such information to any regulatory authority and to any other parties as necessary o;r appropriate in Lender's judgment. AFFILIATE SHARING NOTICE. Notice to Individual Borrowers, Guarantors and Pledgors ("Obligors"): From time to time Bank of America, N.A. (the "Bank") may share information about the Obligor's experience with Bank of America 20070222002465.010 DEED OF TRUST (Continued) Page 10 Corporation (or any successor company) and its subsidiaries and affiliated companies (the "Affiliates"). The Bank may also share with the Affiliates credit -related information contained in any applications, from credit reports and information it may obtain about the Obligor from outside sources. If the Obligor is an individual, the Obligor may instruct the Bank not to share this information with the Affiliates. The Obligor can make this election by (1) calling the Bank at 1.888.341.5000, (2) visiting the Bank online at www.bankofamerica.com, selecting "Privacy & Security," and then selecting "Set Your Privacy Preferences," or (3) contacting the Obligor's client manager or local banking center. To help the Bank complete the Obligor's request, the Obligor should include the Obligor's name, address, phone number, account number(s) and social security -number. If the Obligor makes this election, certain products or services may not be made available to the Obligor. This request will apply to informatlon from applications, consumer reports and other outside sources only, and may take six to eight weeks to be fully effective. Through the normal course of doing business, including seMcfng the Obligor's accounts and better serving the Obligor's financial needs, the Bank will continue to share transaction and account experience information, as well as other general information among the Affiliates. MARITAL COMMUNITY BENEFIT. America Rivera signs as additional Grantor solely for the purpose of subjecting any present or potential community property interest in the Property to the lien of this Deed of Trust, but the Deed of Trust shall not constitute evidence of the existence or nonexistence of a community property interest in the Property. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: .Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth In this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's Previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of Washington without regard to its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of Washington. Choice of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of any County, Stave of Washington. Joint and Several Liability. All obligations of Borrower and Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shall mean each and every Borrower. This means that each Borrower and Grantor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwlse to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severability. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, Invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust, Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. if 20070222002466.011 DEED OF TRUST (Continued) Page 11 ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. Waive Jury. All parties to this Deed of Trust hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by any party against any other party. Waiver of Homestead Exemption. Grantor hereby releases and waives all rights and benefits of the homestead exemption laws of the State of Washington as to all Indebtedness secured by this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Dead of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the united States of America. Words and terms used in the singular shall include the plural, and the pfural shall include the singular, as the context may require. Words and terms not otherwise defined in this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means Bank of America, N.A., and its successors and assigns. Borrower. The word "Borrower" means Richard Rivera, D.C., P.S. and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and Includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust In the section titled "Default". Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means Richard W. Rivera. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Mote. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means the indebtedness evidenced by the Note or Related Documents, including all principal and interest together with all other indebtedness and costs and expenses for which Borrower or Grantor or any other borrower, guarantor, pledgor, obligor or accommodation parry is responsibte under this Agreement or under any of the Related Documents, including any obligations arising under any interest rate, credit, commodity or equity swap, cap, floor, collar, forward foreign exchange transaction, currency swap, cross currency rate swap, currency option, securities puts, calls, collars, options or forwards or any combination of, or option with respect to, these or similar transactions now or hereafter entered Into between any such party and Lender or any affiliate of Lender. Lender. The word "Lender" means Sank of America, N.A., its successors and assigns. Note. The word "Note" means the promissory note dated February 21, 2007, in the original principal amount of $172,250.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal Property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all issues and profits thereon and proceeds lincluding without Iimftation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents:." mean all promissory notes, credit agreements, loan agreements, guaranties. security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with 20070222002465.012 DEED OF TRUST (Continued) Page 12 the Indebtedness; provided, that the envfranmental indernnity agreements are not "Related Documents" and ar not secured by this Deed of Trust. ~~ Rents. The word 'Rents" means all present and future rents, revenues, income, issues royalties, e ether benefits derived from the Property. Trustee. The word "Trustee, means PRI.AP, Profits, and Rancho Cordova, CA IncInc•, whose mailing address is 10850 White Rock Road, Ste. 101, 95670 and any substitute or successor trustees. GRANTOR ITS TERMS. HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS• GRANTOR: X w4 char W. Ri era INDIVIDUAL STATE OF j COUNTY OF/Lp t4erllca Rivera MARILYN K. BROWN N011ARY PUBLIC PATE OF WASHINGTON COMMISSION EXPIRES On this day before me, the undersigned Notary Public, or proved to kn on the basis of satisfactory evidence to be the individual described in and Who Executed the Dead personally appeared Richard W. Rivera, personalty known to me Trust, and acknowledged that he or she signed the Deed of trust as his or her free and voluntary act and d Uses and purposes therein mention d of Given un r my hand and oiflci se dead, far the this day of By . 20d� Notary public 1 nd for the State of � Residing at7t— MARUN IC, BROWN My commission expires REQUE To. ST FOR FULL RECONWEyANClr , Trustee The undersigned is the legal owner and holder of all indebtedness secured b requested, upon payment of all sums owing to you, to recenve right, title and interest now held b Y this Deed r Trust.You are hereby Rats: Y you under the Deed of Trusty without warranty, to the Persons entitled thereto, the v«. yyis¢oos ce,.. k.,w,er .ee:r se�rc:,n., ina ia57. xeov. „u Beneficiary: By. - Its: 20070222002465.013 EXHIBIT `A' Leval Description: The land referred to in this Commitment is described as follows: Lot 1, Kinrj County Short Plat Number 17904-5, recorded under Recording Number 7900110873. Situate in the City of Federal Way, County of King, State of Washington_ 20070222002465.014 STATE OF WW COUNTY OF On this day before me personally appeared Amezz44& gizel,.t- to me known to be the individual(s) described in an ha executed the within and fare g instrument, and acknowledged that he!vi ey signed the same as hi er heir free and voluntary act and deed, forses andpurposes therein me , GIVEN under my hand and,offic' seal is Aeday9f. ;A/2 2oo7 Notary Public in�d for State of Residing at My appointment expires:.3,0 d 01 ]F its..EXPIRES r; 2008 TICOR TITLE COMPANY 600 SW 39th Street, Ste 100, Renton, WA 98057 (425)255-7575 FAX (425)255-0285 Date: August 9, 2011 at 08:00 AM Prepared For: Richard W Rivera INQUIRIES SHOULD BE MADE TO: UNIT 1 (425)255-7472 Donna Roetter Reid Vance TITLE IS VESTED IN: Richard W. Rivera, as his separate estate Order No.: 6477689-1 Your Reference: Rivera/ Charge: $ 250.00 Tax: $ 23.75 PLAT CERTIFICATE SCHEDULE A LEGAL DESCRIPTION: Lot(s) 1, 2 and 3, King County Short Plat Number 179045, recorded under Recording Number 7909110873, in King County, Washington. PLAT Certificate Schedule A Policy No. 6477689-1 IR *Y-A gQ=614M12d1*1zI SCHEDULE A CONTINUED The land referred to herein is described as follows: Lot(s) 1, 2 and 3, King County Short Plat Number 179045, recorded under Recording Number 7909110873, in King County, Washington. PLAT CERTIFICATE SCHEDULE B EXCEPTIONS: 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: 2011 Tax Account Number: 052104-9204-01 Levy Code: 1205 Assessed Value -Land: $278,800.00 Assessed Value -Improvements: $0.00 General and Special Taxes: Billed: $3,562.19 Paid: $0.00 Unpaid: $3,562.19 AFFECTS: Lot 1. 2. 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: 2011 Tax Account Number: 052104-9019-06 Levy Code: 1205 Assessed Value -Land: $83,600.00 Assessed Value -Improvements: $0.00 General and Special Taxes: Billed: $1,069.57 Paid: $0.00 Unpaid: $1,069.57 AFFECTS: Lot 2. 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: 2011 Tax Account Number: 052104-9205-00 Levy Code: 1205 Assessed Value -Land: $128,100.00 Assessed Value -Improvements: $0.00 General and Special Taxes: Billed: $1,637.78 Paid: $0.00 Unpaid: $1,637.78 AFFECTS: Lot 3. 4. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. SCHEDULE B (Continued) 5. QUESTION OF THE EXISTENCE OF AN "AUTOMATIC HOMESTEAD": If the subject property is, or will be, the residence of a marital community or Registered Domestic Partnership, even though the interest therein may be intended to be the separate property of either spouse or Registered Domestic Partner, execution of the proposed encumbrance, conveyance or contract to convey must be by both husband and wife or Registered Domestic Partner, pursuant to R.C.W. 6.13, which provides for an "automatic homestead", and R.C.W. 26.16.030. 6. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT PLAT: RECORDED: September 11, 1979 RECORDING NUMBER: 7909110873 7. NOTICE OF SEWER AND/OR WATER CONNECTION CHARGE: GIVEN BY: Water District 124 DATED: May 14, 1981 RECORDED: June 1, 1981 RECORDING NUMBER- 8106010916 8. EASEMENT FOR GRADING OF STREET SLOPES, AS NECESSARY, OVER PORTION OF PREMISES ADJOINING STREET OR ALLEY AS GRANTED IN INSTRUMENT: RECORDED: June 9, 1954 RECORDING NUMBER: 4453668 GRANTEE: King County 9. NOTICE OF SEWER AND/OR WATER CONNECTION CHARGE: GIVEN BY: Water District 124 DATED: May 14, 1981 RECORDED: June 1, 1981 RECORDING NUMBER: 8106010916 10. A survey of the herein described property was recorded under King County Recording Number 20070510900006, a copy of which is hereto attached. 11. Agreement to operate and maintain a water distribution system: Recording Date: June 27, 2009 Recording No.: 20090627000980 NOTES: Abbreviated Legal for purposes of King County Recorders Office is: Lts 1, 2 and 3, KCSP#179045, AF #790911873. J. Note: The Public Records indicate that the address of the improvement located on said Land is as follows: Vacant land K. The Vesting Deed and Conveyance Documents of record are as follows: Recorded February 22, 2007 recorded under Recording Number 20070222002464; Recorded March 23, 2007 recorded under Recording Number 20070323002645; bm/bm 08/15/2011 PLAT Certificate Schedule B CITY OF Fediural ANay BOUNDARY LINE ADJUSTMENT NO. 07-104436-00-SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON AUTHORIZATION Name Date Name Dote State of Washington,, County of I certify that I know or have satisfactory evidence that r-", signed this instrument and acknowledged, it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. 4� ZI-1,11,11119IN UISTV, Notary P, nature of t ff e 0 r N 'tary Public P p inted name MY ted 10 y appointment exp ires y ,2014 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 2W0`110fW12090000 CITY OF FEDERA BLAM 133.00 PAGE-001 OF 002 09/20/2011 08:56 20# # ...at.... • PM in book .......... of ........ at page ......... at the request of Mgr. Supt. of Records KING COUNTY DEPARTMENT OF ASSESSMENTS 1( Examined and approved this L"\doy of.5-1,e-)D, fW 20— Deputy Assessor - -------------- Account Numbe 0521049204 0521049205 & 0521049019 EXISTING LEGAL DESCRIPTIONS LOTS 11 2 AND 3, KING COUNTY SHORT PLAT NUMBER 179045, RECORDED UNDER RECORDING NUMBER 79091'0873, RECORDS OF KING COUNTY, WASHINGTON. NEW LEGAL DESCRIPTION THAT PORTION OF THE SOUTFHALF OF THE SOUTH HALF OF THE SOUTHEAST QUARTER OF THE'SOUTHEAST QUARTER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAS`F CORNER OF SAID SUBDIVISION; THENCE NORTH 00°00'33" EAST ALONC;• THE EAST LINE THEREOF, 118.00 FEET; THENCE SOUTH 89*54'06$$WEST 30.00 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUI? G SOUTH 89°54'06" WEST 108.00 FEET; THENCE NORTH 00°00'33" EAST 73.84 FEET; THENCE SOUTH 89'54'06" WEST 65.00 FEET; THENCE NCRTH 00°00'33" EAST 138.00 FEET; THENCE SOUTH 89'54'23" WF":T�IJBDIVISION; 116.32 FEET TO TEEEAST LINE OF THE WEST 998.00 FEET OF SAID THENCE SOUTH 00*05'45" WEST, 299.82 FEET TO THE ORTHERLY MARGIN OF SOUTH 304TH STREET; THENCE NORTH 89°54'06" EAST, ALONG SAID MARGIN 264.82 FEET, TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE LEFT WITH A RADIUS OF 25.00 FEET, AN ARC OF 39.22 FEET TO THE WESTERLY MARGIN OF 16TH 'AVENUE SOUTH; THENCE NORTH 00°00'33" EAST 63.02 FEET TO THE TRINE POINT OF BEGINNING; (ALSO KNOWN AS CONSOLIDA':ED LOTS 1) 2 AND 3, KING COUNTY SHORT PLAT NUMBER 179045, RECORDED UNDER RECORDING NUMBER 7909110873, RECORDS OF KI IG COUNTY) WASHINGTON.) CA E D SURVEY01P\ ' N`-::3 rU-7 F \ This Boundary Line Adjustment correctly represents a surve 11 Y !'IS CH R 0 ET E R LAND SURVEYINQ made by me or under my direction* in conformance with the requirements of the ap te state. an I t te ond PROFESSIONAL LAND SURVEYORS ordinance in 2 0.- * 00* 07 7 ii P.O. Box 813, Seahurst, Washington 98062 (206) 242-6621 FAX (206)243-9679 4j% z Certificate No. SCALE I inch I as] 6104, 19 to] 0 "0 ft. 0 �FA -SE 1/4 of SE 1/4, S. 5, T21N, R4E, W.M. CL —j 0 -T- I u Richard Rivera -44' P.O. Box 960 "41 Seahurst, WA -Z DWN. BY DATE 8/2/07 JOB No. 516/22 LAW DATE FIELD �O'6/22/07 PROJECT NO. 0710311a A Oil CHKD. BY SCALE SHEET 2 U 14114 OF REVISED 4/1./08 kCITY OF Federal tVa ::k:LV VA y REVISED 06-26-01 BOUNDARY LINE ADJUSTMENT NO, 07-104436-00-SU CITY OF FEDERAL WAY KING COUNTY, WASHINGTON SET NAIL IN LEAD IN SOUTH EDGE --'' CONCRETE FOOTING — , .00' OFFSET SOUTH ' CHAIN LINK FENCE CAN TOP OF WALL IS 0. 4' NORTH I NORTHEAST CORNER BUILDING #30326 CONCRETE WALL 400 . L O LO 04 .w Ip^a L N O EAST LINE OF THE WEST 998 FEET OF THE S. 1 /2 OF THE S. 1 /2 OF THE SE 1 /4 OF THE SE 1 /4 OF SEC. 5, T21 N, R 4E, W.M. NORTHEAST CORNER BRICK PILLAR IS 0.2' SOUTH & 0.2' EAST OF SET REBA M / W%CAP 0 4-82 SET NAI IN ASPHALT FOUND 3/8" BRASS__Z__', PIN IN CONCRETE I CASE - 3/2/07 SET REBAR /CAP 2.00' , S89*54'23"W ) *"W (SP) OFFSET SOUTH 30 .. 11 .32' (c) 118.17' (SP) 173.00' SP HELD LOT � (KCSP179045 — Rec. No. 7909110873) RECORDER'S CERTIFICATE ................�... filed for record this ........... day of .......... 20....... at...... in book .. i i i• .. i• of ..... .•♦ at page .i.•.i.i. '4.# t , t h e request of Mgr. Supt. of Records Add. A Q UA�ENE' ADD/9� M^ IN THIS ARP! South 9021? d Street RECORDING N0. SCALE,- 1 inch = 30 ft. PORTION OF SE 1 /4 of SE 1 /4, S. 51 T21 N, R4E, W.M. i NOTES: 1.) FIELD DATA FOR THIS SURVEY WAS OBTAINED BY DIRECT 30.0' I —pow—CONCRETE FIELD MEASUREMENTS. ANGULAR RELATIONSHIPS WERE MEASURED WITH A SIX SECOND THEODOLITE: ELECTRONIC WALL MEASURING DEVICE, SUPPLEMENTED BY A STEEL TAPE:.. THIS SURVEY MEETS OR EXCEEDS THE STANDARDS CONTAINED IN Federal Way Derr tcl Cen ter Vol. 173/53-55 S89'*53$35))W (SP S89*54'06"W (c & a AM I #�V!_ , a P - � - __HH E Lj� I v) SET NAIL IN LEAD Q IN ROCKERY u ro O LINE OT LIMINATED 'V c 1 00, Al 0 C.o . ,�--- c►,► `,: 0 0 C-0 � # . �t z 00 M � }�=-� 00 U) Z07- 2i . z i.�'(KCSP`l 9045 - r� O Jo 79091101 73 00 co 118.E ' (SP) u 0 00, 6 51 0' (S P) 264.82' (072 6 4.6 5) (P) N89054106"E (Pl) N89"27"E (SP) N 9°54'06"E --.'. 1.82' 5z re e SETT NAIL ASPHALT SET MAIL IN LEAD IN ROCKERY S89053135"W (SP) S89°54'0"W (c) 108.00' (SP) Held LOT J "I,o co (KCSP1 79045 — � REC. N0. 7909110873) / L=3 .22' LOT LINE OT BE R=25.00 ELIMINATED DELTA=89°53' 83.05' SP) (HELD. <>$`&(2)14•0L(01er 0 n 6"vi EN TED CL WAC 332--130--00 2.) PROPERTY IS SUBJECT TO CONDITIONS, RESTRICTIONS AND • EASEMENT CONTAINED IN THE SHORT PLAT, KING COUNTY REC. NO. 7909110873. 3.) PROPERTY .IS SUBJECT TO AN EASEMENT FOR GRADING OF ~' STREET SLOPES PER KING COUNTY RECORDING NO. 4453 68• z . REFERENCES: w 0 < ROS 1 /201; ROS 104/114 - ROS 75/58 CY FEDERAL WAY DENTAL CENTER VOL. 173/531—55 V) PLAT OF FEDERAL WAY SITES, VOL 71 7. O 1..:J PLAT OF AQUACENE ADD. VOL. 53 89 c6 5.) ELEVATION DATUM PER CITY OF FEDERAL QUAY BENCH MARK 0 CO ,_� CL C) 2172-34---1 NORTHEAST BOLT ON POLE BASE AT SOUTHWEST Y' 1 o ��ff^! \ 1 3 QUADRANT 304TH STREET AND PACIFIC HIGHWAY SOUTH 0 ? ELEVATION 481.93 FEET NVD--29 \E w c� .) LOT AREA: 54,827 s. f. or 1.26 acres a) 0 L0 00 V V. cn w 0 O m 0 0 z 0.0 1 ,--. ,--'. CL V) V) ,, O F .. to 01) , n 00 0 Q (.0 00 oO z z CL ., Cn 0 0 co I LEGEND CONCRETE MONUMENT IN CASE x( TACK IN LEAD OR NAIL & DISK O SET REBAR W/CAP #23604 O FOUND PIPE OR REBAR (c) CALCULATED (SP) DIMENSION PER K.C. SP179045 (Pl) PLAT OF FEDERAL WAY SITES, Vol. 71 /78 (P2) PLAT OF AQUACENE ADD. VOL.. 53/89 - \ w Q FOUND /8" BRASS PIN a_ W/PM IN CONCRETE IN CASE — 6/19/07 � LAND SURVEYOR' S CERTIFICATE This Boundary Line Adjustment correctly represents a survey made- b e or under m . y direction ,n conformance With the requirements o the appr to state and city s ute and ordinance '�) �n j/�y��/"'"*y� /f'\f (�/^\J PROFESSIONAL LAND SURVEYORS �J r � � n � 1 Y 4/ V � n .. . i .. # . , is.w V ...... P.O. 'Box 813, Seahurst, Washington 9802 IRMW- ..••.•.....•...••........• •. ....... (208) 242-8821 FAX (206)243-9679 Certificate No. •..••.... ....... I RICHAID RIVERA P.O. BOX 960 SEAHURST, WA DWN. BY DATE 8./2/07 JOB NCB. 51 /2 LAW GATE FIELD 6/2 /07 PROJECT NO. 0710311 a CHKD. BY SCALE SHEET " REVISED 10-1 �-08 1�- 30' 2 2 OF