20-103186-Title Report-08-20-2020-V1ys s.x 4r
First American
First American Title Insurance Company
920 5th Avenue, Suite 1250
Seattle, WA 98104
March 02, 2020
Jenny Horner
Jenny Horner
35507 6th Avenue SW
Federal Way, WA 98023
Phone:
Fax:
Title Officer:
Phone:
Fax No.:
E-Mail:
Order Number:
Escrow Number:
Buyer:
Curtis Goodman
(206)336-0725
(866)561-3729
titlekingwa@hrstam.com
3291944
3291944
Owner: HORNER
Property: 35507 6th Avenue SW
Federal Way, Washington 98023
Attached please find the following item(s):
Guarantee
Thank You for your confidence and support. We at First American Title Insurance Company maintain the
fundamental principle:
Customer First.
Form 5003353 (7-1-14) Page 1 of 9 Guarantee Number: 3291944 CLTA #14 Subdivision Guarantee (4-10-75)'
Washington
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Y First American
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Guarantee
Subdivision Guarantee
ISSUED BY
j First American Title Insurance Company
GUARANTEE NUMBER
5003353-3291944
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS
GUARANTEE,
FIRST AMERICAN TITLE INSURANCE COMPANY
a Nebraska corporation, herein called the Company
GUARANTEES
Jenny Horner
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule
A, which the Assured shall sustain by reason of any incorrectness in the assurances set orth in Schedule A.
First American Title Insurance Company
Deno is J. Gilmore
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Sacfeiary
This jacket was created electronically and constitutes an original document
5003353 (7-1-14)
ntee Number: 3291944
CLTA #14 Subdivision Guarantee (4-10-75)
Washington
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other
matters against the title, whether or not shown by the
public records.
(b) (1) Taxes or assessments of any taxing authority that
levies taxes or assessments on real property; or, (2)
Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether
or not the matters excluded under (1) or (2) are shown
by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or
exceptions in patents or in Acts authorizing the issuance
thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are
shown by the public records.
2. Notwithstanding any specific assurances which are provided in
Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters
affecting the title to any property beyond the lines of the land
expressly described in the description set forth in Schedule (A),
(C) or in Part 2 of this Guarantee, or title to streets, roads,
avenues, lanes, ways or waterways to which such land abuts,
or the right to maintain therein vaults, tunnels, ramps or any
structure or improvements; or any rights or easements therein,
unless such property, rights or easements are expressly and
specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters,
whether or not shown by the public records; (1) which are
created, suffered, assumed or agreed to by one or more of the
Assureds; (2) which result in no loss to the Assured; or (3)
which do not result in the invalidity or potential invalidity of any
judicial or non judicial proceeding which is within the scope
and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or
referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the
Assured in this Guarantee, or on a supplemental writing
executed by the Company.
(b) "land": the land described or referred to in Schedule
(A)(C) or in Part 2, and improvements affixed thereto
which by law constitute real property. The term "land"
does not include any property beyond the lines of the
area described or referred to in Schedule (A)(C) or in
Part 2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or
waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(d) "public records": records established under state
statutes at Date of Guarantee for the purpose of
imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in
case knowledge shall come to an Assured hereunder of any
claim of title or interest which is adverse to the title to the
estate or interest, as stated herein, and which might cause
loss or damage for which the Company may be liable by
virtue of this Guarantee. If prompt notice shall not be given
to the Company, then all liability of the Company shall
terminate with regard to the matter or matters for which
prompt notice is required; provided, however, that failure to
notify the Company shall in no case prejudice the rights of
any Assured unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a parry,
notwithstanding the nature of any allegation in such action or
proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of
Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as
set forth in Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost,
to institute and prosecute any action or proceeding, interpose a
defense, as limited in (b), or to do any other act which in its
opinion may be necessary or desirable to establish the title to
the estate or interest as stated herein, or to establish the lien
rights of the Assured, or to prevent or reduce loss or damage
to the Assured. The Company may take any appropriate action
under the terms of this Guarantee, whether or not it shall be
liable hereunder, and shall not thereby concede liability or
waive any provision of this Guarantee. If the Company shall
exercise its rights under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in
Paragraph 4(a) the Company shall have the right to select
counsel of its choice (subject to the right of such Assured to
object for reasonable cause) to represent the Assured and shall
not be liable for and will not pay the fees of any other counsel,
nor will the Company pay any fees, costs or expenses incurred
by an Assured in the defense of those causes of action which
allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or
interposed a defense as permitted by the provisions of this
Guarantee, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal
from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to
prosecute or provide for the defense of any action or
proceeding, an Assured shall secure to the Company the right
to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company
to use, at its option, the name of such Assured for this
purpose. Whenever requested by the Company, an Assured, at
the Company's expense, shall give the Company all
Form 5003353 (7 1-14) Page 3 of 9 Guarantee Number: 3291944 CLTA #14 Subdivision Guarantee (4-10-75)
Washington:
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
S.
6.
reasonable aid in any action or proceeding, securing
evidence, obtaining witnesses, prosecuting or defending
the action or lawful act which in the opinion of the
Company may be necessary or desirable to establish the
title to the estate or interest as stated herein, or to
establish the lien rights of the Assured. If the Company
is prejudiced by the failure of the Assured to furnish the
required cooperation, the Company's obligations to the
Assured under the Guarantee shall terminate.
Proof of Loss or Damage.
In addition to and after the notices required under Section 2
of these Conditions and Stipulations have been provided to
the Company, a proof of loss or damage signed and sworn to
by the Assured shall be furnished to the Company within
ninety (90) days after the Assured shall ascertain the facts
giving rise to the loss or damage. The proof of loss or
damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state,
to the extent possible, the basis of calculating the amount of
the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or
damage, the Company's obligation to such assured under the
Guarantee shall terminate. In addition, the Assured may
reasonably be required to submit to examination under oath
by any authorized representative of the Company and shall
produce for examination, inspection and copying, at such
reasonable times and places as may be designated by any
authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether
bearing a date before or after Date of Guarantee, which
reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company,
the Assured shall grant its permission, in writing, for any
authorized representative of the Company to examine, inspect
and copy all records, books, ledgers, checks, correspondence
and memoranda in the custody or control of a third party,
which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured
provided to the Company pursuant to this Section shall not be
disclosed to others unless, in the reasonable judgment of the
Company, it is necessary in the administration of the claim.
Failure of the Assured to submit for examination under oath,
produce other reasonably requested information or grant
permission to secure reasonably necessary information from
third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate
any liability of the Company under this Guarantee to the
Assured for that claim.
Options to Pay or Otherwise Settle Claims:
Termination of Liability.
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or
to Purchase the Indebtedness.
The Company shall have the option to pay or settle or
compromise for or in the name of the Assured any claim
which could result in loss to the Assured within the
coverage of this Guarantee, or to pay the full amount of
this Guarantee or, if this Guarantee is issued for the
benefit of a holder of a mortgage or a lienholder, the
Company shall have the option to purchase the
indebtedness secured by said mortgage or said lien for the
amount owing thereon, together with any costs, reasonable
attorneys' fees and expenses incurred by the Assured claimant
which were authorized by the Company up to the time of
purchase.
Such purchase, payment or tender of payment of the full
amount of the Guarantee shall terminate all liability of the
Company hereunder. In the event after notice of claim has
been given to the Company by the Assured the Company offers
to purchase said indebtedness, the owner of such indebtedness
shall transfer and assign said indebtedness, together with any
collateral security, to the Company upon payment of the
purchase price.
Upon the exercise by the Company of the option provided for
in Paragraph (a) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has
exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the
Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name
of an Assured claimant any claim assured against under this
Guarantee, together with any costs, attorneys' fees and
expenses incurred by the Assured claimant which were
authorized by the Company up to the time of payment and
which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for
in Paragraph (b) the Company's obligation to the Assured
under this Guarantee for the claimed loss or damage, other
than to make the payment required in that paragraph, shall
terminate, including any obligation to continue the defense or
prosection of any litigation for which the Company has
exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary
loss or damage sustained or incurred by the Assured claimant who
has suffered loss or damage by reason of reliance upon the
assurances set forth in this Guarantee and only to the extent herein
described, and subject to the Exclusions From Coverage of This
Guarantee.
The liability of the Company under this Guarantee to the Assured
shall not exceed the least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by
the mortgage of an Assured mortgagee, as limited or provided
under Section 6 of these Conditions and Stipulations or as
reduced under Section 9 of these Conditions and Stipulations,
at the time the loss or damage assured against by this
Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest
covered hereby as stated herein and the value of the estate or
interest subject to any defect, lien or encumbrance assured
against by this Guarantee.
S. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged
defect, lien or encumbrance, or cures any other matter assured
against by this Guarantee in a reasonably diligent manner by
Form 5003353 (7-1-14) ;Page 4 of 9
Number: 3291944
CLTA #14 Subdivision Guarantee (4-10-75)
Washington:
GUARANTEE CONDITIONS AND STIPULATIONS (Continued)
9.
10.
11.
any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be
liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the
Company's consent, the Company shall have no liability
for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals therefrom, adverse to the title,
as stated herein.
(c) The Company shall not be liable for loss or damage to
any Assured for liability voluntarily assumed by the
Assured in settling any claim or suit without the prior
written consent of the Company.
Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made
for costs, attorneys' fees and expenses pursuant to Paragraph
4 shall reduce the amount of liability pro tanto.
Payment of Loss.
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the
satisfaction of the Company.
(b) When liability and the extent of loss or damage has been
definitely fixed in accordance with these Conditions and
Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogation shall vest in the
Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all
rights and remedies which the Assured would have had
against any person or property in respect to the claim had this
Guarantee not been issued. If requested by the Company,
the Assured shall transfer to the Company all rights and
remedies against any person or property necessary in order to
perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the
Assured and to use the name of the Assured in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the
loss of the Assured the Company shall be subrogated to all
rights and remedies of the Assured after the Assured shall
have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the
Assured may demand arbitration pursuant to the Title Insurance
Arbitration Rules of the American Land Title Association. Arbitrable
matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or
relating to this Guarantee, any service of the Company in
connection with its issuance or the breach of a Guarantee provision
or other obligation. All arbitrable matters when the Amount of
Liability is $2,000,000 or less shall be arbitrated at the option of
either the Company or the Assured. All arbitrable matters when the
amount of liability is in excess of $2,000,000 shall be arbitrated only
when agreed to by both the Company and the Assured. The Rules
in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state
in which the land is located permits a court to award attorneys' fees
to a prevailing party. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court having jurisdiction
thereof.
The law of the situs of the land shall apply to an arbitration under
the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon
request.
13. Liability Limited to This Guarantee; Guarantee Entire
Contract.
(a) This Guarantee together with all endorsements, if any,
attached hereto by the Company is the entire Guarantee and
contract between the Assured and the Company. In
interpreting any provision of this Guarantee, this Guarantee
shall be construed as a whole.
(b) Any claim of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be
made except by a writing endorsed hereon or attached hereto
signed by either the President, a Vice President, the Secretary,
an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in
writing required to be furnished the Company shall include the
number of this Guarantee and shall be addressed to the Company
at First American Title Insurance Company, Attn: Claims
National Intake Center, 1 First American Way, Santa Ana,
California 92707 Claims. NIC(dfirstam.com Phone: 888-632-
1642 Fax: 877-804-7606
A M E
first American Title
5003353 (7-1-14) Page 5 of 9
Number: 3291944
CLTA #14 Subdivision Guarantee (4-10-75)
Washington'
S A M A fi b
Fist America
Schedule A
Second Subdivision Guarantee
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
3291944
Order No.: 3291944 Liability: $2,000.00 Fee: $350.00
Tax: $35.35
Name of Assured: Jenny Horner
Date of Guarantee: February 19, 2020
The assurances referred to on the face page hereof are:
1. Title is vested in:
JENNY CHONG HORNER, WHO ACQUIRED TITLE AS CHONG J. LEE AND WILLIAM HUGH HORNER,
WIFE AND HUSBAND
2. That, according to the public records relative to the land described in Schedule C attached hereto
(including those records maintained and indexed by name), there are no other documents affecting
title to said land or any portion thereof, other than those shown under Record Matters in Schedule B.
3. The following matters are excluded from the coverage of this Guarantee
A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance
thereof.
B. Water rights, claims or title to water.
C. Tax Deeds to the State of Washington.
D. Documents pertaining to mineral estates.
4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any
matter shown herein.
5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as
may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the
local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for
closing any transaction affecting title to said property.
6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment,
guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and
First American expressly disclaims any liability which may result from reliance made upon it.
Form 5003353 (7-1-14) ;Page 6 of 9
Number: 3291944
CLTA #14 Subdivision Guarantee (4-10-75)
Washington
Subdivision Guarantee
First Amencan
Schedule B
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
3291944
RECORD MATTERS
1. General Taxes for the year 2020. The first half becomes delinquent after April 30th. The second half
becomes delinquent after October 31st.
Tax Account No.:
302104911201
ist Half
Amount Billed:
$ 2,627.54
Amount Paid:
$ 0.00
Amount Due:
$ 2,627.54
Assessed Land Value:
$ 157,000.00
Assessed Improvement Value:
$ 284,000.00
2nd Half
Amount Billed:
$ 2,627.53
Amount Paid:
$ 0.00
Amount Due:
$ 2,627.53
Assessed Land Value:
$ 157,000.00
Assessed Improvement Value:
$ 284,000.00
2. Deed of Trust and the terms and conditions thereof.
Grantor/Trustor:
Jenny Chong Horner and William Hugh Horner, husband and wife
Grantee/Beneficiary:
Paramount Residental Mortgage Group, Inc.
Trustee:
WFG National Title Insurance Company
Amount:
$380,000.00
Dated:
January 19, 2005
Recorded:
October 25, 2019
Recording Information:
20191025002165
3. Easement, including terms and provisions contained therein:
Recording Information: 2652877
For: Road
4. Easement, including terms and provisions contained therein:
Recorded: June 8, 1977
Recording Information: 7706080741
In Favor Of: Puget Sound Energy, Inc., a Washington corporation
For: Electric and/or gas transmission and/or distribution system
5. Extended Service Agreement and the terms and conditions thereof:
Between: Frosty/Hill Development Company
And: Water District No. 124
Recording Information: 7902231082
Form 5003353 (7-1-14) ;Page 7 of 9
Number: 3291944
CLTA #14 Subdivision Guarantee (4-10-75)
Washington;
6. Road maintenance provisions, and the terms and conditions thereof, contained in instrument:
Recording Information: 8110160540
Informational Notes, if any
5003353 (7-1-14) 'Page 8 of 9 !Guarantee Number: 3291944 ? CLTA #14 Subdivision Guarantee (4-10-75)
Washington'
Subdivision Guarantee
First American
Schedule C
ISSUED BY
First American Title Insurance Company
GUARANTEE NUMBER
3291944
The land in the County of King, State of Washington, described as follows:
PARCEL A:
THE NORTH 290 FEET OF THE EAST HALF OF THE FOLLOWING DESCRIBED PROPERTY:
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER, AND THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER LYING NORTH OF LAND
DEEDED TO KING COUNTY FOR ROAD (SOUTHWEST 356TH STREET), ALL IN SECTION 30, TOWNSHIP
21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTH 290 FEET OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY,
WASHINGTON;
THENCE FROM SAID POINT OF BEGINNING, ALONG THE WEST LINE OF SAID SUBDIVISION NORTH
1038'21" EAST 42.62 FEET;
THENCE LEAVING SAID WEST LINE SOUTH 43021'39" EAST 15.56 FEET;
THENCE SOUTH 01038'21" WEST 31.57 FEET TO THE SOUTH LINE OF SAID SUBDIVISION;
THENCE ALONG SAID SOUTH LINE NORTH 8803846" WEST 11.00 FEET TO THE POINT OF BEGINNING
PURSUANT TO KING COUNTY SUPERIOR COURT CAUSE NO. 93-2-21012-4.
PARCEL B:
A NON-EXCLUSIVE EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS
TRACT X OF KING COUNTY SHORT PLAT NO. 177014 RECORDED MARCH 11, 1977 UNDER KING
COUNTY RECORDING NUMBER 7703110466 BEING A PORTION OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND A PORTION
OF THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER LYING NORTH OF SOUTHWEST 356TH IN SECTION 30, TOWNSHIP 21 NORTH,
RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON.
Form 5003353 (7-1-14) ;Page 9 of 9
'Guarantee Number: 3291944
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CLTA #14 Subdivision Guarantee (4-10-75)
Washington`