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AG 13-04611 RETURN TO: Jeri-Lynn Clark EXT: 2401 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DIV: COMMUNITY SERVICES 2. ORIGINATING STAFF PERSON: JERI -LYNN CLARK 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ CONTRACT AMENDMENT (AG #): /3-Vito ❑ OTHER EXT: 2401 3. DATE REQ. BY: 2/24/17 ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ INTERLOCAL 5. PROJECT NAME: SATISFACTION OF MORTGAGE - PROMISSORY NOTE 6. NAME OF CONTRACTOR: LEONA AUDETTE ADDRESS: 32820 20111 AVE S #50, FEDERAL WAY, WA 98003 E -MAIL: SIGNATURE NAME: TELEPHONE FAX: TITLE: HOMEOWNER 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: 2/19/13 COMPLETION DATE 2/19/17 9. TOTAL COMPENSATION $ 0.00 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑ YES ❑ NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES ❑ NO IF YES, $ PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSE, EXHIBITS INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ CHIEF OF STAFF PE. SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ❑ ASSIGNED AG# ❑ SIGNED COPY RETURNED AG# 13 -cw , A - 4 DATE SENT 06 -kg -/} COMMENTS: HRP Grant period completed on 2/19/17, releasing grant responsibility from the homeowner of $3,914.63. When recorded return to: City of Federal Way 33325 8th Ave S Federal Way, WA 98003 -6325 Attn: Jeri-Lynn Clark SATISFACTION OF MORTGAGE (Promissory Note) Property Address: 32820 20th Ave S #50, Federal Way, WA 98003 Grantor (s): Audette, Leona, a single woman Beneficiary: CITY OF FEDERAL WAY, a Washington Municipal Corporation Property Legal Description (abbreviated): Lot 50, 1441700500 CEDAR CREEK CONDOS Assessor's Tax Parcel ID #(s): 144170 -0500 KNOW ALL PERSONS BY THESE PRESENTS: that the CITY OF FEDERAL WAY, a Washington state municipal corporation, the owner and holder of that certain mortgage bearing date February 19, 2013 executed by Audette, Leona to secure payment of the sum of THREE THOUSAND NINE HUNDRED FOURTEEN & 63/100 Dollars ($3,914.63) and recorded in the City Clerk's Office of City of Federal Way, State of Washington, on February 27, 2013, under City Clerk's Office No. AG 13 -046, does hereby acknowledge that the said mortgage has been FULLY SATISFIED AND DISCHARGED, and does hereby authorize and direct the said City Clerk to enter full satisfaction thereof of record. Dated: J i 3A 7 By: Its: STATE OF WASHINGTON ) ) ss. COUNTY OF KING On t 's day personally appeared before me Svyv.., , to me known to be the 01/ of the City of Federal Way that executed the foregoing instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said municipality. �'� yoft ! Y1 ,2011 GIVEN mend official seal this L da LY III �0 Nti /')iota 's signature .030S104,tt,��. ary's printed name ,� A.,Antti C,((�.✓1C.- c,� dOJ 11, 1J Notary Public in and fol- the State of Washington. co - . m y ?` My commission expires (-11w111.- `�8L1G 1111,79481-M4‘7 1 `������� RETURN TO: Brook Lindquist EXT: x2401 CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT./DN: CED/COMMUNITY SERVICES DEPARTMENT 2. ORIGINATING STAFF PERSON: _Bxoox Ltr1DQU1ST EXT: �401_ 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) ❑ PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT ❑ PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT � GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.c. sorm �LnTBD DocuMErrTS� O ORDINANCE ❑ RESOLUTION ❑ CONTRACT AMENDMENT (AG#): ❑ INTERLOCAL X OTHER PROMISSORY NOTE 5. PROJECT NAME: LEONAAUDETTE PROMISSORY NOTE 6. NAME OF CONTRACTOR: LEONA AUDETTE ADDRESS: 32820 20�` AVENUE SoUTx #50, FEDERAL WAY, WA 98003 TELEPHONE N!A E-MAIL: N/A FAX: N/A SIGNATURE NAME: LEOrrAAUDE'r'rE TITLE Owrr�lt 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS/CERTIFICATE X ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT/AMENDMENTS 8. TERM: COMMENCEMENT DATE: 2/19/2013 COMPLETION DATE: 2/19/2017 9. TOTAL COMPENSATION $ N/A (itvCLtJDE ExrErrSES at1D sai.ES TAX, cF AtvY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: O�S XNO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED ❑ YES X NO IF YES, $ PAID BY: � CONTRACTOR O CITY ❑ PURCHASING: PLEASE CHARGE TO: N/A I0. DOCUMENTlCONTRACT REVIEW INITIAL/DATEREVIEWED INITIAL/DATEAPPROVED � PROJECT MANAGER � DIRECTOR � RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 11. COUNCILAPPROVAL (IF APPLICABLE� COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENTTO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: O ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS � LAW DEPARTMENT ❑ SIGNATORY (MAVOR oR DI1tECTOR) ❑ CITY CLERK � ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: AG# � DATE SENT: I1/9 GITY OF CITY HALL � Federal Way 253 g� �pue South Federol Way, WA $8003-6325 www �cit yoffederalway com PROMISSORY NOTE City of Federal Way Emergency Housing Repair Program (EHRP) LENDER: City of Federal Way, a Municipal corporation 33325 8�'Avenue South Federal Way, WA 98003 BORROWER: EHRP RESIDENCE: PRINCIPAL AMOUNT: LOAN DATE: DUE DATE: Leona Audette 32820 20�' Avenue South #50 Federal Way, Washington 98003 $3,914.63 February 19, 2013 February 19, 2017 In consideration for the mutual undertakings and covenants contained in this Promissory Note (the "Note"), Lender (also referred to hereinafter as the "City") and Borrower agree as follows: 1. Purpose for Loan. Borrower has eligible to participate in Lender's Emergency Housing Repair Program ("EHRP"), a program to assist eligible homeowners with emergency housing problems that pose a combination of unforeseen circumstances that require immediate action to protect the health and safety of its occupants or the neighborhood as a whole. The program is funded by Community Development Block Grant funds that have been made available to the City. Borrower's application for an Emergency Housing Repair Program loan has been approved and the City is prepared to fund the loan upon Borrower's execution of the "Loan Documents," which include this Promissory Note, a Deed of Trust and a Closing Statement. 2. Promise to Pay. For value received, on or before the Due Date, Borrower, including its assigns and successors, promises to pay Lender in lawful money of the United States of America, at Lender's principal place of business, or such other place as Lender may designate in writing from time to time, the Principal Amount listed above and as shall have been advanced by Lender to or on behalf of Borrower under this Note, plus interest (in the event of Default) as provided in this Note. 3. Interest Rate. T'he unpaid Principal Amount shall bear interest at the rate of Zero Percent (0%) per annum (the "Effective Interest Rate") unless or until a Default. 4. Payments. No paytnents will be required to be made on the Principal Amount unless or until a Default occurs. In the event of Default, the entire unpaid balance of the Principal Amount as of the date of Default shall immediately become due and payable and interest on the unpaid balance shall commence to accrue at the "Default Interest Rate" on the date of Default. PROMISSORY NOTE 10/2012 EMERGENCY HOUSING REPAIIt PROGRAM Page 1 � �Federal Wa �../ y CITY HALL 33325 8th Avenue South Federol Way, WA 98003-6325 (253)835-7000 www. atynflederaM�y com 5. Loan Account. All advances made to or on behalf of Borrower under this Note shall be charged to a loan account in Borrower's name on Lender's books ("Loan Account") and Lender shall debit to Borrower's Loan Account the amount of each advance, and credit the amount of each repayment made by Borrower or "Forgiveness of Debt" granted by Lender. 6. Forgiveness of Debt. Commencing upon the date on which the Lender issues the last advance of funds to or on behalf of Borrower under this Note (the "Repayment Commencement Date"), Borrower shall be entitled to receive, and Lender shall grant, forgiveness of Twenty-five Percent (25%) of the Principal Amount for each consecutive twelve-month period after the Repayment Commencement Date (a "Repayment Year") that Borrower actually occupies the Residence identified above as Borrower's principal place of residence. If Borrower resides in the Residence for four (4) Repayment Years, the entire Principal Amount shall be forgiven and this Note shall be satisfied in full. If Borrower fails for any reason to live in the Residence for four (4) Repayment Years, this Note shall be in Default as of the date upon which Borrower no longer resides in the Residence. For purposes of calculating the amount of forgiveness, if any, to which Borrower may be entitled for the Repayrnent Year in which Borrower vacates the Residence, the amount of forgiveness to which Borrower would be entitled for that Repayment Year shall be prorated for the number of days that Borrower actually occupied the Residence in that Repayment Year. 6. Default. Upon the occurrence of any of the following events ("Events of Default"), Lender, at its option, and without notice to Borrower, may declare the entire unpaid Principal Amount to be immediately due and payable: a. The Borrower no longer occupies the Residence as Borrower's primary residence; b. The Borrower sells the Residence or conveys the Residence in lieu foreclosure, or forfeits the Residence in foreclosure, bankruptcy or other insolvency proceeding; c. The Borrower makes, or is deemed to have made, any materially incorrect, false, fraudulent or misleading representation, warranty or certificate to the Lender or makes, or is deemed to have made, any materially incorrect, false, fraudulent, or misleading representation in any statement or application to Lender in connection with Lender's consideration of Borrower's EHRP application; d. The Borrower defaults under the terms of this Note or the Deed of Trust granted in connection herewith; e. The Borrower is enjoined, restrained or in any way prevented by court order from continuing to reside in the Residence; f. Formal charges are filed against the Borrower under any federal, state or municipal statute, law or ordinance for which forfeiture of the Residence is a potential penalty, or the Residence is in fact so seized or forfeited; g. The Borrower fails to maintain the Residence, commits waste upon the Residence property or allows the Residence or Residence property to become a nuisance; h. The Borrower (1) makes an assignment for the benefit of creditors, (2) consents to the appointment of a custodian, receiver or trustee for itself or for a substantial part of its assets or (3) commences, consents to the commencement or continuation of, or has commenced upon it, PROMISSORY NOTE 10/2012 EMERGENCY HOUSING REPAIR PROGRAM Page 2 CITY OF ,.�,�, Federal Way CITY HALL 33325 Sth Avenue South Federal Wey, WA 98003-6325 (253)835-7000 wtivw atyoflederahvey com voluntarily or involuntarily, any proceeding under any bankruptcy, insolvency or similar laws of any jurisdiction; i. The Borrower defaults under the deed of trust executed in connection with this Note, it being understood and agreed that this Note and the deed of trust shall be interpreted and construed as a single integrated agreement between Lender and Borrower; or j. The Borrower dies. The term "Default Date" shall mean the date on which an Event of Default has occurred or the date Borrower is no longer entitled to cure the Event of Default under the terms of this Note. 7. Default Interest Rate. Upon the occurrence of any Event of Default, the unpaid Principal Amount balance shall bear interest at the per annum interest rate for judgments provided by Washington law until the Note is satisfied in full. 8. Security. This Note is secured by and relates to a deed of trust of even date encumbering the Residence. 9. Default Remedies. Upon the occurrence of any Event of Default, Lender shall have and may exercise any one or more of the rights and remedies provided in this Note and the deed of trust relating to this Note. The remedies provided in this Note and deed of trust are cuxnulative to the full extent provided by law. 10. Application of Payments. All payments received on this Note shall first be applied against accrued and unpaid interest and "Costs and Fees" owed to Lender under this Note, and the balance against unpaid Principal Amount. Borrower expressly assumes all risks of loss or delay in the delivery of any payments made by mail, and no course of conduct or dealing shall affect Borrower's assumption of these risks. 11. Costs and Fees. Borrower agrees to pay all of Lender's costs incurred in the collection, modification, review, monitoring, or termination of this Note, including actual attorney fees and those incurred in any foreclosure, bankruptcy, or other similar insolvency proceeding. 12. No Waiver. Acceptance by Lender of any payment in an amount less than the amount then due sha11 be deemed an acceptance on account only, and Lender's acceptance of any such partial payment shall not constitute a waiver of Lender's right to receive the entire amount due. 13. Consent. Borrower hereby jointly and severally (i) waives presentment for payment, demand, notice of non-payrnent, notice of protest or protest of this Note, (ii) waives Lender's diligence in collection or bringing suit, and (iii) waives consent to any and all extensions of time, renewals, waivers or modifications as may be granted by Lender with respect to payment or any other provisions of this Note. The liability of the Borrower under this Note shall be absolute and unconditional, without regard to the liability of any other party. 14. Governing Law and Venue. This Note shall be interpreted, construed and governed by, and in accordance with, the laws of the State of Washington. Venue for any action commenced by Borrower or Lender to interpret or enforce this Note or the deed of trust shall be in the Superior Court of the State of Washington, For King County, at the Maleng Regional Justice Center, Kent, Washington. PROMISSORY NOTE 10/2012 EMERGENCY HOUSING REPAIR PROGRAM Page 3 CITY OF � Federai GTY HALL W�� 33325 8th Avenue South Federal Way, WA 98003-6325 (253)835-7000 www. uryof/gderalway com 15. Entire Agreement. Except as otherwise expressly provided in this Note, this Note and the deed of trust constitute the entire agreement of the Borrower and the Lender relating to its subject matter. � ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. Agreed to and accepted by: LENDER: CITY OF FEDERAL WAY Skip ries , ayor AP OVED AS TO FORM: �� City Att ey, Patricia A Richardson .�..� � I /I:�Oi �i � �i �%� -d " � . - ��'� �,�-��3 u��7T� Printed Name ATTEST: Ci y Clerk, Carol McNe lly, C C STATE OF WASHINGTON ) ) ss. COUNTY OF� ) � On this day personally appeared before me, � Q;� �.- , to me known to be the individual described in and who executed the foregoing instrument, and on oath swore that he/she/they executed the foregoing instrument as his/her/their free and voluntary act and deed for the uses and purposes therein mentioned. ��a�*`�4' F�,J� y hand and official seal this �� day of ` 20� � ` I ,,�i �a'� l�`'�-' M �� r��y� Notary's signature ,,LPT��, % Notary's printed name -- � - ' �� _.. � Notary Public in and for the State of Was gton. �� ,�„� � My commission expires `�. -- � �— < <p '�i, 7�.�'�ti `1�•�� .L�� �. ,�Rl'f°�.•�"- 10/2012 HO�JSING REPAIIt PROGRAM Page 4