Loading...
AG 16-08911 RETURN TO: EXT: CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT. /DIV: 2. ORIGINATING STAFF PERSON: c eNk c,-- EXT: 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 ❑ GOODS AND SERVICE AGREEMENT ❑ REAL ESTATE DOCUMENT ❑ ORDINANCE ❑ MAINTENANCE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) ❑ RESOLUTION ❑ CONTRACTA ND NT(AG #): ❑ INTERLO AL 'OTHER oven OC RiA n eX 5. PROJECT NAME: Vos S-k-kNernetrm4 QJo r ,, r 6. NAME OF CONTRACTOR: ADDRESS: TELEPHONE E -MAIL: FAX: . , SIGNATURE NAME: TITLE 7. EXHIBITS AND ATTACHMENTS: ❑ SCOPE, WORK OR SERVICES ❑ COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS 8. TERM: COMMENCEMENT DATE: 1 2000 COMPLETION DATE: 9. TOTAL COMPENSATION $ heit (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR GE - A ACH SCHED LES 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 RETAINAGE: RETAINAGE AMOUNT: ❑ RETAINAGE BY (SEE CONTRACT) OR ❑ RETAINAGE BOND PROVIDED ❑ PURCHASING: PLEASE CHARGE TO: 10. DOCUMENT /CONTRACT REVIEW INITIAL / DATE REVIEWED INITIAL / DATE APPROVED ❑ PROJECT MANAGER ❑ DIRECTOR ❑ RISK MANAGEMENT (IF APPLICABLE) ❑ LAW 1 1. COUNCIL APPROVAL (IF APPLICABLE) COMMITTEE APPROVAL DATE: COUNCIL APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: DATE REC'D: ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE SIGNED ❑ LAW DEPARTMENT ❑ CHIEF OF STAFF ❑ SIGNATORY (MAYOR OR DIRECTOR) ❑ CITY CLERK ASSIGNED AG# ❑ SIGNED COPY RETURNED COMMENTS: SETTLEMENT AGREEMENT AND FULL RELEASE OF ALL CLAIMS AND RIGHTS THIS SETTLEMENT AGREEMENT AND RELEASE ( "Agreement ") is dated effective the 1 `t day of May, 2000. The parties ( "Parties ") to this Agreement are: the City of Federal Way ( "City ") and Harry Rogers and Virginia Rogers, husband and wife (the "Rogers "); Steven Varga and Marilyn Varga, husband and wife (the "Vargas "); William Joseph Gould and Charlene Gould, husband and wife (the "Goulds "); Mariano Sigurdson and Joy F. Sigurdson, husband and wife, Harold Sigurdson and Pauline Sigurdson, husband and wife (the "Sigurdsons "); and Christopher McCormick and Clemmie McCormick, husband and wife (the "McCormicks "); (the Rogers, Vargas, Goulds, Sigurdsons and the McCormicks shall collectively be referred to as the "Property Owners /Operators "). A. Various members of the Property Owners /Operators owned, invested in and/or operated an automobile repair and wrecking yard for portions of an approximately thirty (30) year period located on certain real property commonly known as 1403 S. 330th Street, Federal Way, Washington and more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference ( "Varga Property"). B. The City commenced a civil lawsuit in King County Superior Court of the State of Washington, under Cause No. 98 -2- 27444 -1 KNT, against the Property Owners /Operators alleging, among other things, that the City was entitled to remediation under the Model Toxic Control Act as a result of the Property Owners /Operators disposal of hazardous materials on certain real property located adjacent to the Varga Property and commonly known as Celebration Park. Located at 1095 S. 324th Street. Federal Way, WA ( "MTCA Lawsuit "). C. The Goulds, McCormicks, Rogers and Vargas commenced a civil lawsuit in King County Superior Court of the State of Washington, under Cause No. 99 -2- 20505 -7 KNT, against the City alleging, among other things, that the City's regulatory actions resulted in inverse condemnation, tortious interference with business relations and expectancy, negligent misrepresentation, negligence, and due process violations ( "Varga Lawsuit"). D. The Parties desire to enter into this Agreement to fully satisfy, release and resolve all claims pursuant to the MTCA Lawsuit and the Varga Lawsuit. NOW, THEREFORE, the Parties agree as follows: 1. Payment to the City. Upon execution of this Agreement, the Vargas shall deliver a check payable to the City in the amount of One Hundred Thousand Dollars ($100,000.00). The Sigurdsons shall deliver to the City checks totaling Two Thousand Dollars. This agreement will be effective upon said checks clearing all necessary banks. 2. Lien. A lien shall be filed against the Varga Property in the amount of Seventy Thousand Dollars and No /100 ($70,000.00), in the form set forth in Exhibit "B" attached hereto and incorporated herein by this reference, which shall be in first position priority ahead of all other monetary encumbrances other than federal, or state tax liens, including without limitation, that certain 1980 Deed of Trust entered into by the Rogers, as Seller, and the Vargas, as Buyer ( "Lien "). The Vargas agree to pay $20,000, plus statutory interest beginning December 9, 2001, to the City at the time of the sale of the Varga Property (or earlier at the Varga's option) to satisfy the Lien and the Rogers agree to pay $50,000, plus statutory interest beginning December 9, 2001, to the City at the time of sale of the Varga Property to satisfy the Lien. 3. Sale /Foreclosure of the Varga Property. The Vargas shall immediately list and actively market the Varga Property for sale. In the event the Varga Property is not sold on or before December 9, 2001, the City shall have the option, at its sole discretion, to foreclose the Lien by commencing a nonjudicial foreclosure action pursuant to Chapter 61.24 RCW. 4. Ri zht of Entry. The Property Owners /Operators hereby grant the City a right to enter upon the Varga Property to inspect and obtain necessary samples in connection with any and all environmental studies or for such other reasonable purposes deemed necessary by the City prior to the City commencing foreclosure proceedings. 5. Access to the Varga Property. The City agrees to provide to the buyer of the Varga Property a nonrevocable access over City owned property to the Varga Property so long as the Buyer pays to the City the fair market value for such access. The City's Public Works Director shall determine the location of such access consistent with all applicable codes, laws and regulations. 6. Release /Dismissal of All Claims and Rights. The Parties hereby release and forever discharge each other and each Party's respective past, present and future City Council members, officials, employees, agents, representatives, attorneys, insurance carriers, and the collective spouses of all of those persons, as well as any and all successors or assigns, from any and all claims, lawsuits, demands, causes of action and damages of any kind, known or unknown, existing or arising in the future, resulting from or related to: (1) the facts, events, claims and causes of actions set forth in the MTCA Lawsuit; and (2) the facts, events, claims and causes of actions set forth in the Varga Lawsuit. 7. Cleanup of Varga Property. The Vargas agree to commence cleanup efforts in good faith and with due diligence on the Varga Property and to complete such cleanup to the fence line located on the eastern boundary of the Celebration Park Property. 8. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event any of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 9. Dispute in Terms of Settlement Agreement. In the event the parties dispute any of the terms or conditions of this Agreement, the parties agree that William F. Joyce shall resolve any such dispute and his determination shall be final and binding upon the parties. 10. Execution of Settlement Agreement. This Agreement may be executed in one or more counterparts, and, upon execution of at least one counterpart by each party, all counterparts so executed shall constitute one Agreement, binding on all of the parties, notwithstanding that all of the parties are not signatories to the same counterpart. DATED the day and year first above written. CITY OF FEDERAL WAY APPROVED AS TO FORM: David ! oseley Londi K. Lindell, City Attorney 14, 8. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event any of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 9. N gernent. The Parties a; rti o pacipate or concur in any remarks or actions that • • detrimental in any way regarding each other and concerning tl .ttbjt cfmatter of this lawsuit o tlement incl cugthe City's elected • a s, employees or agents and representatives, past and present. 10. Dispute in Terms of Settlement Agreement. In the event the parties dispute any of the terms or conditions of this Agreement, the parties agree that William F. Joyce shall resolve any such dispute and his determination shall be final and binding upon the parties. DATED the day and year first above written. CITY OF FEDERAL WAY APPROVED AS TO FORM: By: David Moseley Londi K. Lindell, City Attorney Virgi «i ' ogers - 3 - APPROVED AS TO FORM: By:-.&4141'1 4 H ? xF Z31 (2. boy Barry G. Ziker, Esq. Barrett Gilman & Ziker Attorneys for Rogers 8. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event any of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 9. Dispute in Terms of Settlement Agreement. In the event the parties dispute any of the terms or conditions of this Agreement, the parties agree that William F. Joyce shall resolve any such dispute and his determination shall be final and binding upon the parties. 10. Execution of Settlement Agreement. This Agreement may be executed in one or more counterparts, and, upon execution of at least one counterpart by each party, all counterparts so executed shall constitute one Agreement, binding on all of the parties, notwithstanding that all of the parties are not signatories to the same counterpart. DATED the day and year first above written. Steven Varga arilyn Varga APPROVED AS TO FORM: "tairtAN.R.,_ James E. Horne, Esq. Hiscock Pierson Kingman & Peabody Attorneys for Vargas 8. General. Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event any of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 9. Dispute in Terms of Settlement Agreement. In the event the parties dispute any of the terms or conditions of this Agreement, the parties agree that William F. Joyce shall resolve any such dispute and his determination shall be final and binding upon the parties. 10. Execution of Settlement Agreement. This Agreement may be executed in one or more counterparts, and, upon execution of at least one counterpart by each party, all counterparts so executed shall constitute one Agreement, binding on all of the parties, notwithstanding that all of the parties are not signatories to the same counterpart. DATED the day and year first above written. William Joseph Charlene Gould By titSltr id Middleton, Esq. Middleton & Associates Attorneys for Gould AS TO FORM: 8. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event any of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 9. Dis mite in Terms of Settlement . Acreement. In the event the parties dispute any of the terms or conditions of this Agreement, the parties agree that William F. Joyce shall resolve any such dispute and his determination shall be final and binding upon the parties. 10. Execution of Settlement Am-cement. This Agreement may be executed in one or more counterparts, and, upon execution of at least one counterpart by each party, all counterparts so executed shall constitute one Agreement, binding on all of the parties, notwithstanding that all of the parties are not signatories to the same counterpart. DATED the day and year first above written. APPROVED AS TO FORM: By: Way! . Mitchell, Esq. Mullavey Prout Grenley & Foe Attorneys for Sigurdsons ORIGINAL 8. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event any of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 9. Dispute in Terms of Settlement Agreenment. In the event the parties dispute any of the terms or conditions of this Agreement, the parties agree that William F. Joyce shall resolve any such dispute and his determination shall be final and binding upon the parties. 10. Execution of Settlement Agreement. This Agreement may be executed in one or more counterparts, and, upon execution of at least one counterpart by each party, all counterparts so executed shall constitute one Agreement, binding on all of the parties, notwithstanding that all of the parties are not signatories to the same counterpart. DATED the day and year first above written. 7 Harc .S.i urdson Puulinc Sigurdson APPROVED AS TO FORM: By:._ David H. Gehrke, Esq. Attorneys for Sigurdsons A-'/ 17 8. General Provisions. This Agreement contains all ofthe agreements ofthe Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement that is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event any of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 9. Dispute in Terms of Settlement Agreement. In the event the parties dispute any of the terms or conditions of this Agreement, the parties agree that William F. Joyce shall resolve any such dispute and his determination shall be final and binding upon the parties. 10. Execution of Settlement Agreement. This Agreement may be executed in one or more counterparts, and, upon execution of at least one counterpart by each party, all counterparts so executed shall constitute one Agreement, binding on all of the parties, notwithstanding that all of the parties are not signatories to the same counterpart. DATED the day and year first above written. OVED AS , ,`R;M: Kathryn THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST '/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 71; THENCE NORTH 89 °42'00" WEST ALONG THE SOUTHERLY LIMITS OF THE NORTH '/z OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, A DISTANCE OF 790.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 °18'15" WEST ALONG THE WESTERLY LIMITS OF THE EAST 132.30 FEET OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, A DISTANCE OF 192.45 FEET; THENCE NORTH 89 °42'00" WEST A DISTANCE OF 268.15 FEET; THENCE NORTH 00 °18'15 "EAST A DISTANCE OF 162.45 FEET; THENCE SOUTH 89 °42'00" EAST A DISTANCE OF 46.92 FEET; THENCE NORTH 00 °18'15" EAST A DISTANCE OF 207.60 FEET; THENCE SOUTH 89 °42'00" EAST A DISTANCE OF 221.23 FEET; THENCE SOUTH 00 °18'15" WEST A DISTANCE OF 177.60 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON EXHIBIT A J: \C06125\1\421240 \01 302 00701 AFTER RECORDING RETURN TO DEED OF TRUST Grantor: Steven Varga and Marilyn Varga, husband and wife; Grantee: City of Federal Way Transnation Title Insurance Company Legal Description: That portion of the Northeast 'A of the Southeast 1/4 of Section 17, Township 21 North, Range 4 East W.M., more particularly described in Exhibit A, attached hereto. Tax Parcel No. 172104 -9034 THIS DEED OF TRUST is made this day of June, 2000, by the Grantors set forth above ( "Grantor "), The trustee is TRANSNATION TITLE INSURANCE COMPANY ( "Trustee "), whose address is 14450 NE 29th, Bellevue, WA 98007. The beneficiary is The City of Federal Way ("Beneficiary"), whose address is 33530 First Way South ,Federal Way, WA 98003. Grantor hereby irrevocably GRANTS, TRANSFERS, CONVEYS and ASSIGNS to Trustee, IN TRUST, WITH POWER OF SALE, all of Borrower's present and future estate, right, title, claim, and interest, either in law or in equity, in and to the following (the "Property"): (a) The real property and all rights to the alleys, streets and roads adjoining or abutting the real property described on Exhibit A attached hereto ( "Realty "); (b) All easements, access, air and development rights, minerals and oil, gas and other hydrocarbon substances, royalties, water, water rights and water stock, and all other rights, hereditaments, privileges, permits, licenses, franchises and appurtenances now or J:1C06125\M21 240\01001 hereafter belonging or in any way appertaining to the Realty; (c) All buildings, improvements and tenements now or hereafter located on the Realty ( "Improvements "); (d) All fixtures and articles of property now or hereafter attached to, or used or adapted for use in the ownership, development, operation or maintenance of the Realty and Improvements (whether such items are leased, owned, or subject to any title- retaining or security instrument), including without limitation all heating, cooling, air- conditioning, ventilating, refrigerating, plumbing, generating, power, lighting, laundry, maintenance, incinerating, lifting, cleaning, fire prevention and extinguishing, security and access control, cooking, gas, electric and communication fixtures, equipment and apparatus; all engines, motors, conduits, pipes, pumps, tanks, ducts, compressors, boilers, water heaters and furnaces; all ranges, stoves, disposers, refrigerators and other appliances; all escalators and elevators, baths, sinks, all cabinets, partitions, mantels, built -in mirrors, window shades, blinds, screens, awnings, storm doors, windows and sash; all carpeting, underpadding, floor covering, panelling, and draperies; and all shrubbery and plants. All such items shall be deemed part of the Realty and not severable wholly or in part without material injury to the freehold; (e) All of the rents, revenues, issues, profits and income of the Realty and Improvements, and all present and future leases and other agreements for the occupancy or use of all or any part of the Realty and Improvements, including without limitation all cash or security deposits, advance rentals and deposits or payments of similar nature, and all guarantees of tenants' or occupants' performance under such leases and agreements; (f) All tangible personal property ( "Personal Property ") used in connection with the ownership, development, operation or maintenance of the Realty and Improvements, including without limitation all furniture, furnishings, equipment, and supplies; (g) All intangible personal property used in connection with the ownership, development, operation or maintenance of the Realty, Improvements, and Personal Property, including without limitation, all permits, licenses and franchises, the exclusive right to use of any trade names, all contract rights (including without limitation architectural, engineering, consulting, and management contracts), all accounts receivable, escrow accounts, insurance policies, deposits, instruments, documents of title, general intangibles, and business records; (h) All site plans, plats, architectural plans, specifications, work drawings, surveys, engineering reports, test borings, market surveys, and other work products relating to the Realty and Improvements; and (i) All proceeds of the foregoing. J :\C06125 \M21240 \01001 TO SECURE THE FOLLOWING: The payment of obligations set forth in paragraph 2 and 3 of that certain Settlement Agreement dated the same date as this Deed of Trust, in the original principal amount of seventy thousand dollars ($70,000). To protect the security of this Deed of Trust, Grantor covenants and agrees: 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, 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 replacement value of the Improvements. Copies of certificates evidencing all policies shall delivered by Grantor to Beneficiary, and shall be provided by such companies as the Beneficiary may reasonably approve and have loss payable first to the Beneficiary, as its interest may appear, and then to Grantor. The amount collected under any insurance policy shall be used to restore the Property to the condition existing before any loss; if such restoration cannot reasonably be made, then the amount collected under any insurance policy may be applied upon any obligations hereby secured 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 in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceedings purporting to affect the security hereof or the rights or powers of the Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorneys' fees in a reasonable amount, in any such action or proceedings, and in any suit brought by Beneficiary to 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 attorneys' fees actually incurred, as provided by statute. 6. If Grantor fails to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the Property, Beneficiary may pay the same, and 1:\C0612511\421240\01001 the amount so paid, with interest at the legal rate, shall be added to and become a part of the obligation secured by this Deed of Trust. 7. That the Property is not used principally for agricultural purposes. 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 shall be applied in the same manner as insurance proceeds, as set forth above. 2. By accepting payment of any sum secured hereby 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 Trustee shall reconvey all or any part of the Property covered by this Deed of Trust to the person entitled thereto, on written request of Grantor and Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any indebtedness secured hereby, in the performance of any of the teens or provisions of the Agreement, or in the performance of any agreement contained herein, all obligations secured hereby shall immediately become due and payable at the option of Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the Property in accordance with the Deed of Trust Act of the State of Washington. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorneys' fee; (2) to the obligation secured by this Deed of Trust; (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 the interest in the Property which Grantor had or had the power to convey at the time of Grantor's execution of this Deed of Trust, and such as it may have acquired thereafter. The Trustee's deed shall 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 conclusive evidence thereof in favor of bona fide purchaser and encumbrancers for value. 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. J: \C06125 \M21240 \01001 7. In the event of the death, incapacity, disability or resignation of the Trustee, 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 shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 8. Grantor shall not sell, convey or transfer any and all interest of Grantor in the Property herein described without the written consent of Beneficiary. Upon the sale, conveyance or transfer of the Property without Beneficiary's written consent, Beneficiary may declare the obligation secured hereby immediately due and payable. 9. This Deed of Trust applies to, insures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors and assigns. GRANTOR: Steven Varga J \C06125 \M21240\01001 Individual Acknowledgment STATE OF WASHINGTON ) ) ss. COUNTY OF Ge.d -f z- I certify that I know or have satisfactory evidence that Steven Varga is the person who appeared before me, and said person acknowledged that he signed this instrument, and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED: /4...c S &2000 • �ss o;QG�I+ ` **4' `�4." .8NOTA R}- m: 'JSLIC • ?9.02 Oa fiWASt414 J:1C 0612 5 \M21240 \0100 I (Print Name) NOTARY PUBLIC in at for the State,isf, Washington, residing at ;re My commission expires 0OV 2- Individual Acknowledgrnerrt STATE OF WASHINGTON ) ss. COUNTY OF -I#I4f1 Craw /. 7` 2_ I certify that I know or have satisfactory evidence that Marilyn Varga is the person who appeared before me, and said person acknowledged that she signed this instrument, and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: f 84 Z O o ignature) (Print Name) NOTARY PUBLIC in an or the State of Washington, residing at My commission expires 0'0 9/0Z- EXHIBIT A TO DEED OF TRUST Lcga11)e. cr.Ptinn c�i I.tQpertt� THAT PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST'' /4 OF SECTION 17, TOWNSHIP 21 NORTH, RANGE 4 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF TIIE SOUTHEAST 1/4 OF SAID SECTION 71; THENCE NORTH 89 °42'00" WEST ALONG THE SOUTHERLY LIMITS OF THE NORTH `'A OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 17, A DISTANCE OF 790.75 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00 °18'15" WEST ALONG THE WESTERLY LIMITS OF THE EAST 132.30 FEET OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 17, A DISTANCE OF 192.45 FEET; THENCE NORTH 89 °42'00" WEST A DISTANCE OF 268.15 FEET; THENCE NORTH 00° 18' 15 "EAST A DISTANCE OF 162.45 FEET; THENCE SOUTH 89 °42'00" EAST A DISTANCE OF 46.92 FEET; THENCE NORTH 00 °18'15" EAST A DISTANCE OF 207.60 FEET; THENCE SOUTH 89 °42'00" EAST A DISTANCE OF 221.23 FEET; THENCE SOUTH 00 °18'l5" WEST A DISTANCE OF 177.60 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.