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20930 88TH PL W.PDFIIIIIIIIIIII 8531 20930 88TH PL W ---CITY of EDMONDS S;, 10 E S E W H. P E R M I T PERMIT NO - FILE .For� Inspection Call 771-32021-.1 STREET I Address of Construction: �,2 0 72, C Property Legal Description (In�clude' all easements),. Owner and/or Builder: zo Contractor & License No.: (-V Single Family Residence Multi-Famil'y . (No. of Units EDMONDS TREATMENT PLANT Commercial (No. of fixture Units Invasion into City Right -of -Way:, No --)Z Yes (If Yes,.Right-of-Way Constructi.cin Permit required. Call One -Call -Center (1-800-424-5555) before any excavation.) Cross other Private Property: No Yes (If Yes, easement required, attach legal description and county easement number.) --PLEAS&1.'1iREAD THE ITEMS LISTED ON THE BACK IV F.0 040�fi ln�� MAI 2 4 A989 I —certify that'I have�re and shall comply Date with the items listed on the back. PUBLIC , ermit. Fee: 'Issued By:, Trunk Charge: (Date Issued Assessment,Fee: 'Receipt No. Partial Inspection: Comments Final Inspection Appro . ved: -It co Rejected: C) T - Date Initial Rdbson :r-v Sete, kr )\T.-F �0 F, r-4 C (5 PERMIT MUST BE POSTED ON JOB.SITE pill Date Initial 'ate -7n i ti a 1 CC Wh.ite Copy - File Green Copy Insp,ector Buff Copy - Applicant Side Sewer Drawing 0, The City of Edmonds EASEMENT NO - -------------------------------- - ---------- NEW CONSTRUCTION Fj REPAIRS ER-' LID NO . .................. . ASMT. NO - -------------- A — OWNER------------------------------------------------------------------------------------------------ CONTRACTOR ... -------------------------------------------------------------------------------- PERMIT NO. D-30-0.jc� JOB ADDRESS ....... ....... W ----------- LEGAL DESCRIPTION: LOT NO - -------------------------------------- BLOCK NO - ------------------------------------ NAMEOF ADDITION .............................................................................. ---------------------------------------- c, —1 V\� 4-t It VN4c� tc,��t k- �,ICF-F 'k e- z) 0-) i PWW-0001-11/75 (REV.11/78) EDIPAO�IDS - f :LA ]NT Approved: DATE.......................... By ------------------------------------------------------------ 15461 20930 88TH PL W "CHICAGO TITLE INSURANCE CO *�Ny N.� 3030 HOYT AVENUE, EVERETT, WASHINGTON 98201 Order No.: 000371772 PROPERTY ADDRESS: 20930 - 88TH PLACE WEST Your No.: MCMURRAY EDMONDS, WASHINGTON 98026 20930 - 88TH PLACE WEST RECEIVED EDMONDS, WASHINGTON 98026 JUN 2 9 1999 DEVELOPMENT SERVICES CTR- CITY OF EDMONDS Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. JUDY MCCORKLE, TITLE OFFICER: EXT. 212 KRISTY KIRPES, TITLE ASSISTANT: EXT. 252 DIRECT DIAL: (425) 259-8212 FROM SEATTLE: (425) 787-8212 FROM BELLEVUE: (425) 455-4461 EXT. 212 FAX DIRECT: (425) 259-8241 FAX FROM SEATTLE: (425) 787-8241 THANK YOU FOR CHOOSING CHICAGO TITLE FOR ALL YOUR TITLE NEEDS CHICAGO TITLE INSURANCE COMPAINY TSLEr6/RDA/0299 *ICAGO TITLE INSURANCECOMPA* 3030 HOYT AVENUE EVERETT, WASHINGTON 98201 OrderNo.: 371772 SHORT PLAT CERTIFICATE Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of SNOHOMISH County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said SNOHOMISH County, to -wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: ALAN M. MCMURRAY AND SUSAN MCMURRAY, HUSBAND AND WIFE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: $ 16.60 Records examined to June 17, 1999 at 8: 0 0 A.M. CHICAGO TTFLE INSURANCE COMPANY By JUDY McctfRKLE Title Officer SH PLATA/ 12-5-90/ EK i i I WICAGO TITLE INSURANCE, COMPAO OrderNo.: 371772 SHORT PLAT CERTIFICATE SCHEDULE A (Continued) LEGAL DESCRIPTION PARCEL A: THE EAST 155 FEET OF THE WEST 205 FEET OF THE SOUTH 70 FEET OF THE NORTH 637.47 FEET OF LOT 5, BLOCK 5, ALDERWOOD MANOR NO. 9, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGE 6, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT THE EAST 5 FEET THEREOF AS CONVEYED TO THE CITY OF EDMONDS UNDER AUDITOR'S FILE NUMBER 2266266; TOGETHER WITH THE NORTH 12.5 FEET OF THE SOUTH 25 FEET OF THE NORTH 662.47 FEET OF LOT 5, BLOCK 5, ALDERWOOD MANOR NO. 9; EXCEPT THE EAST 25 FEET THEREOF RECORDED AS VACATED BY THE CITY OF EDMONDS ORDINANCE NO. 1646 RECORDED UNDER AUDITOR'S FILE NUMBER 2286319, WHICH ATTACHED TO SAID PROPERTY BY OPERATION OF LAW. PARCEL B: A PORTION OF LOT 5, BLOCK 5, ALDERWOOD MANOR NO. 9, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF PLATS, PAGE 6, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, BEING DESCRIBED AS FOLLOWS: THE WEST 50.00 FEET OF THE SOUTH 67.50 FEET OF THE NORTH 637.47 FEET OF LOT 5 OF SAID PLAT; TOGETHER WITH THE NORTH 12.50 FEET OF THE WEST 50.00 FEET OF ADJACENT VACATED STREET, PER ORDINANCE #1646, CITY OF EDMONDS. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. CHICAGO'nTLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY Order No.: 371772 SHORT PLAT CERTIFICATE SCHEDULEB This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to th e date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). SHPLATB/031694/soc CHICAGO TITLE INSURANCE COMPANY I i WIICAGO TITLE INSURANCE, COMPAO OrderNo.: 371772 SHORT PLAT CERTIFICATE SCHEDULEB (Continued) EXCEPTIONS 1. NO SEARCH HAS BEEN MADE AS TO PROPERTY TAXES AND ASSESSMENTS. PROPERTY TAXES AND ASSESSMENTS WILL BE SEARCHED UPON REQUEST. 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: RESERVED BY: CITY OF EDMONDS PURPOSE: PUBLIC UTILITIES AND SERVICES AREA AFFECTED: SOUTHERLY 12.5 FEET OF PREMISES RECORDED: MARCH 19, 1973 RECORDING NUMBER: 2286319 3. COVENANTS, CONDITIONS, RESTRICTIONS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN CITY OF EDMONDS SHORT PLAT NUMBER S-31-88, RECORDED UNDER RECORDING NUMBER 8902280174. 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: ALAN M. MCMURRAY AND SUSAN MCMURRAY, HUSBAND AND WIFE TRUSTEE: PACIFIC NORTHWEST TITLE COMPANY BENEFICIARY: SECURITY FIRST MORTGAGE, INC., A WASHINGTON CORPORATION AMOUNT: $ 165,000.00 DATED: OCTOBER 24, 1997 RECORDED: OCTOBER 31, 1997 RECORDING NUMBER: 9710310203 LOAN NUMBER: 970042593-AUS THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. ASSIGNMENT OF SAID DEED OF TRUST, BY SUCCESSIVE ASSIGNMENTS: DATED: MAY 5, 1998 BUT EFFECTIVE THE APRIL 16, 1998 RECORDED: JUNE 1S, 1998 RECORDING NUMBER: 9806150547 ASSIGNEE: UNION PLANTERS BANK, A NATIONAL ASSOCIATION CHICAGO TrFLE INSURANCE COMPANTY T 0-lICAGO TITLE INSURANCE. COMPAO Order No.: 371772 SHORT PLAT CERTIFICATE SCHEDULEB (Continued) EXCEPTIONS AGENT: WASHINGTON MUTUAL SAVINGS BANK STREET: PO BOX 91006 SAS 0701 CITY, STATE, ZIP: SEATTLE WA 98111 LOAN NUMBER: 018042836989 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: ALAN M. MCMURRAY AND SUSAN MCMURRAY, HUSBAND AND WIFE TRUSTEE: PACIFIC NORTHWEST TITLE COMPANY OF SNOHOMISH COUNTY, INC. BENEFICIARY: GROUP HEALTH CREDIT UNION AMOUNT: $ 49,999.00 DATED: MARCH 16, 1998 RECORDED: MARCH 19, 1998 RECORDING NUMBER: 9803190588 LOAN NUMBER: UNDISCLOSED THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. 6. THE COMPANY'S LIABILITY FOR THIS REPORT IS LIMITED TO $1,000.00. THIS REPORT IS BASED ON THE COMPANY'S PROPERTY RECORDS, AND NO LIABILITY IS ASSUMED FOR ITEMS MISINDEXED OR NOT INDEXED IN THE PUBLIC RECORDS, OR FOR MATTERS WHICH WOULD BE DISCLOSED BY AN INQUIRY OF THE PARTIES IN POSSESSION OR BY AN ACCURATE SURVEY OR INSPECTION OF THE PREMISES. THIS REPORT AND THE LEGAL DESCRIPTION GIVEN HEREIN ARE BASED UPON INFORMATION SUPPLIED BY THE APPLICANT AS TO THE LOCATION AND INDENTIFICATION OF THE PREMISES IN QUESTION, AND NO LIABILITY IS ASSUMED FOR DISCREPANCIES RESULTING THEREFROM. THIS REPORT DOES NOT REPRESENT EITHER A COMMITMENT TO INSURE TITLE, AN EXAMINATION OF, OR OPINION AS TO THE SUFFICIENCY OR EFFECT OF THE MATTERS SHOWN, OR AN OPINION AS TO THE MARKETABILITY OF TITLE TO THE SUBJECT PREMISES. RH/DB END OF SCHEDULE B CHICAGO TITLE INSURANCE COMPANY SHPLATB3/12-12-90/EK I I 04ICAGO TITLE INSURANCE,COMPA* Order No.: 371772 SHORT PLAT CERTIFICATE SCHEDULEB (Continued) EXCEPTIONS THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: CHENOWETH & ASSOC. SUSAN MCMURRAY CHICAGO =LE INSURANCE COMPANY SHPLATB3/12-12-90/EK Jett 19th :19.79 ............. T�%Ocr CZEEN . . ......... . .. . .. .............. . ...... f Tr -an amenca Title wswance camp" --cel'-w-un Uw- 0,.Zw scx A&CO11:0 AT Pf.=131, OF' vr-z no. P!�C-E i R=RDM Of Tw a I= Ca. APR 24 JM AM 9.00 K--M" ro AUDM RAXIQN� .0LL%TVS.ESCROW.-COR" C.^!J!1i'y, V bola =517 76th West. Suite 103 rA-ands. Washinston 98020 .......... . ...... r-ft swe. Z 2. . .... . .. ... Statutory Warranty Deed TICE GP-k:.-MR TEIMCE CREF_n, AS HIS SEPARATE ESTATE TEN ($10.00) DOLLARS AND OTHER VALUABLE CONSIDERATION In bAn.l ps&,t ccn,T) SUSAN McMRRAY, HUSBAND AND WIFE An _1 snd , arrant, to ALAN H. MCK AND ISAAC J- SORZANO AND SHIRLEY SOREANO, HUSBAND AND WITE L�w Iona. int dwscribni teal estate, situated in the C-131Y nt SNOHOMISH . , stniq of Washington: The East 155 feet of the West . 205 feet of the South 70 feet of the North 637.47 feet of Block 5. Aldervood I Lot 5. (&nor No. 9, so per plat recorded in Volume 10 Of Plats, page 6 EXCrF-T the East 5 feet thereof; TOGrEnER VIT11 any interest in the South 25 feet of the North 662.47 feet of Lot 5, Block 59 A.1derwood Xacor No. 9; the East 25 feet thereof; As ;er plac recerded In Vcl=e 10 of Plats. page 6, records of Snohomish County, Washingtotis acquire! by vacation of street pursuant to City of Edmonds Ordinance No. 1646, recorded -ander Scoho=ish County Auditor's File No. 2286319, vhich vould attach by operational lxwi Situate in the County of Snohomish, State of Washinstan. oil L .. UstTictions and Reservations 01 recordl SrBjECr ju: nu asese- , WL MATFE,�ALM AMOURTZ� , REL'"U'r . ..... -.—APR 24 ISM By STATE OF, UL STATE OF WASHWCTOK OL Dsoutv i Ly,t:-,-ry COUN-ry 0 On this. dav of apg�ered before am be(ore trio. the undersigned, a NoteLry Public in for the State of wasir TELIENCE GREV—% ingion. duly conumiasioned and rworil6 Personally me kf��_n to �* tj- .0 j-L-jj.iduaj described in AM i, jeCUTed thp _ithin &Aj fo"going infftrU10dft&. and. — And scL-k)-W,;td thas YK— signed the same to we kDawn to be the -----Prsg'd*n& tary. As HIS fr#w snd %viusairy act and dawd. r-pecti'my. for a.,@ '-we sod purposees wervin awacione& the corporancri Kt executed the foregoing instruzzleak and acknowledged the said inauument to be the free and voluntarY act and dead of said corpor- &&im for the uses and purpoess ttArain menucewd. and on oath statad that authorized to 4mecute the said instrunsant and that the local Gr%-E-V -nd-1 hand end *Z6W 'M this *Axed 6 the corporate sew of mid corporation, Witn� my hand and uMLW aral h-row affixed the day and year dealt OFFICIAL SEAL �;t- of Watthi-gtc- y;.pFf he late of Washington. ;li�n ! ;L. - r Notik Public i:i6id for the .71 Y 1 :11�7n= iTy- 9 Of mmm e-t— rTFk 7.7. 1W Vtjt -647 u,1504 rAt ell a 11 � 0 im MOWER NAT10NAL TITU INSUPANCIE ATMOR COMPAMV Filed for Record at Request of AFTER RECORDING MAIL Tot Robert A. Bohrl-r- vo EKKAN & . P. S. __ 222-j�Mer..r. 4.1-f-e'400 .7 SearrIc. WA 98119 T941S !JFACI Lq? itco" S vu 88 JLIN 21 Alf It: 02 01A N AUDITO; Y WA 5,4. "VIANA NAMPO I 40 EXCISE T;,X REQUIRED zLf— 9Z-4- 4, JUN 21 1988 417'. -A LUZ Deputy 0 P-4 FORM L 56 A 04 Quit Clai= Deed cc 0 THE GRA47at ISAAC J. SOREAINO and SHIRLEY SOREANO, HUSBAND AND WIFE 00 (00 far and in consideration of TEN ($10.00) DOLLARS AND OTHER VALUABLE CONSIDERATION IN HAND PAID CONVEYS AND WARRANTS TO ALAN M. McMURRAY A.IM SUSAN Mc_KURRAY, HUSBAND AND WIFE =xM=M)WL=txXxKxXxk the f0110-ing descrtbed.roal estac6, SiCuated in the Cuuncy of SNOHOMISH State of Washington including any Interest therein which grantor may hereafter acquire: The East 153 fee-t of the -West 2G5 feet of the South 70 feet of the Nerth 637.47 feet of Lot 5, Block 5, Alderwood Manor No. 9. as per plat recorded in Volume 10 of Plats, page 6 EXCEPT the East 5 feet thereof, TOGETHER WITH any interest in the South 25, feet of the North 662.47 feet of Lot 5. Block 5. Alderwood Manor No. 9; EXCEPT the East 25 feet thereof; As Per Pla: record.d in Volu—_e 10 of ?Iai:s, page 6. recordd ni Snohcmis*h County, Washington acquired by vacation of street pursuant to City of Edmonds Ordinance -No. 1646, recorded under Snohomish County Auditor's File No. 2286319. which would attach by operational law; Situate ir the County of Snohomish, State of Washington. SUBJECT TO: All Easements, Restrictions and Reservations of record; Dared this day of August, 1987 SEA L I ISAACJ: SOREANO ........ f — ------ (SEAL) STATE OF "SHINCTCH. JIL SHIRLEY SOREANO- councy of On Chi& day personally appeared before me ISAAC J- SOREANO AND SHIRLEY SOREANO, husband and wife known to be the im (v ilm&13- described in and who executed the within and foregoing instrumnt. and :cOkonemledged that th as their free and voluntary act and dead. for the RM14 uses and purposes WOUNN, NO - Ni I GIVEN under he 1A 8 W_ chi Ld day o!f., �UgUSt. 1 7. PUB11 ........ *�:,�'. ..'. X. � ................................... Nola4v p6buc in and 04 the state #I Vdahi.9tan. 24 496idi.# at Or fusc MY Commission Exvires: te at 720 206b StrCet. S W. 980id (206) 771-1031 (206) 327-1412 . . . ........ I ..... ..... .. .. .... THIS SPACE PROVIOto FOA QCOW-61-ist: 1230 S 1366 SIrrel -7rdtfalIAT)c Iva 9800J (206) 874-3113 89 MAY 25 PM 1: 14 (206) 927-1726 0 DEAN V VVLL;,�: V-i. AU-3i ror, cz;�I' ( Y. WASH. plITY WHE04 RECOPOED RETURN TO N.. Alan &. Su3m McMurray ...... .... .... . . .... 20930-a8th pl. W., FAsonds, wa., 98020. C., St... Z.0 .. .. . .. . . . ... ....... .......... . .. ....... . ................................. QUIT CLAIM DEED .Alaska Buildiq 61d Swo"J.4i'mut Stat fie. 1111 98104 (206)682-6006 FILED FOA RICOAC AT REQUEST OF THE GRANTOR naybelle Xennedy Chapman for and in consideration of Love, affection and other valuable considerations of S4500.00 conveys and quit claims to Alan & bu3an ricMurray the follo�ving described real estate. situated in the County of zinohomish State of Washingtort, including any after acquired title: Aportion 'if Lot 5,, block 5, Alderwood Manor No. 9 according to the plat thereof, in V0111126 10 Of Plats, page 6, records of Snohomish County, wa. being described as - follows: — The West 50.00 feet of the South 67.50 feet of the North 637 ' 47 feet of Lot 5 of said Flat; TOGE!rHDi WiT'H the North 12.50 feet of the west 50.00 feet of adjacent vacated streeto per ordinance #1646, City of tAmonds, eF, 7 0 IF. INDIVIDUAL ACY—NOWLEDGEMENT FORNI: State of Washington County of -4; /M" �m J I certify that I know or have satisfactory evidence that signed this buarunwet and acknowledged It to be this her) - : wt for the umm mW rposm ridoned I's Vaud -C--g REAL 95T �Tg tX069 TAX IALIE PRI� g RECEIPT WO. MAY 2 4 IM Dow Hy (President) By Isectetarv) REPRFSENTATIVE ACKNOWLEDGENIE.VT FORM: s rate or Washington IL County or I certify that I know or have satisfactory evidence that _ signed this instrrumenL on oath stated that lho ship) was authorized to exmute the InstrummA and acknowledged It as the of to be tho frv* and voluntary act of such party for the uses and purposes mentioned In the Instrument. Dated otary bite for the State of Washington my appointzar"t expim kI&%A/T'd7 2 . 8905250177 Z:I�r VOL. 2 23 2 PAGE 0 6 7 6 ri t "'A 4 I r QUITCLAIM DEED no Grantw_ be _-M&z.gn! Me nwdpt at which I* hereby acknowtedgeA AM am at boneffts U aceroo by reason G t layMME Out and estabbaldnir a public ra" thmto __ p gVe, t7 and which is hereafter domerWA do._ amw " Wane* and Odt-cWvm to the Ctty at Edmonds, State QtL WMohftiiitua� ftr the Man at Me pubbe forever. sa & public road and highway. the following described real estate. bbehaftg any interest thoob, whkh grantor =my bersafter acquire. viz: The east 5.00 feet of. the west. 205*00 feet of the south 212.00 feet of the north 637.47 feet of lot 5, block 5, in the plat of Alderwood Manor No. 9 as recorded in Vollme 10 of plats an pane 6, records of Snohocd sh Cklunty, No SALES TAX REQUIRED 'OCT 519,,c Dimly amcated to the cocuity cc spohorclak state Of washington. Ti'"rantoe— hereby agree-- WW C*nmmt to the 4stsb"Ament of said mad as surveyed and or roe in th urd a Oty of &ntondo Ehetn*rr's office as survey No SM to the perpetual maintenance of the wine as a City Str"L slid wWve.— an claim fer damages of whatever kind which may be ocmgtwwd to adj nt aud by the We aft sum f Write of establ-N ent. c=struction. drainage and nance said street. and agrees and consents to Me right of the City to Blake &U Dece2s"Y &:OPes for cut3 and fills whenever they exteud beyond the rtot-og-WILy one. upon above mouboned street- all in 0=fGZ'mitY with st3ndard pr -es at Cit actit 7 street emstruction. and to the nft� extr"t and ptirpone no it the T%hU herein granted had been acquired by condemnation proceedingo und, Z Do S tes at Me State Ininent niain tatu ...... . ...... . ... ...... . .... .... . ..... shall run with the land and be binding upon the grantor.-, r—Z or &aWgn& fty at A-D, 29-7?-- . ....... lop z. Jolin 'rt, President VOL PA& 146`55-6; . . . . . . . . . . . . . OCT - I 197z . OFFICIAL,.RECORDS OF ,4 CT Mll 4 SNOHOMI.'�:' CUUNI f- HAS11- DEPUT c", cz --d ?d-e 2- d 4 ............. . ............. out. No ..... .......... .. .... ......... QUITCLAIM DEED 'o . .. . ................................................ ............. ........ to P TO er, CITY OF EDMONDS rr .... . .. ...... ............................. ................... ....... .......... Dittad ....... ............... . .............. ......... 4 rr II R .1 3, n cl IMED FOR RECORD AT RZQUEST OF . ........... . . . .. ...................... . ..... . ..... 1p Oa tm . . . ............... "Y of at . . ..... Minutes P&A . ............ 39, and r000rdW In Volu- of Dse4 page Itacosts at Snahandsh county. wasbilk9tom u r my Deputy ..4p .(5 3, -QD ORDINANCE No. i646 AN ORDINANCE VACATING A PORTION OF AN UNUMMD STREET OFF OF 88t1i PLACE WEST 114 THE CITY OF EDMONDS, WASSINGTON, RE'kAINING Ali EASrl4V.,T AND RESERVING TO THE CITY*OF EDMO',.MS THE RIGHT TO. EM EXERCISE AND GRA1rr EAS IENTS THEREON -FOR PUBLIC UTILITIES'AND SERVICES. ;j' WHEREAS, a petition to vacate a street was filed with the City Council of the City of Edmonds, Wazhington signed by the owners of more than two"thirds of the property abutting upon the'property dedicated for street purposes, being a portion of an unnamed street off of 88th Place West, more particularly described below, bnd WHEREAS, the City Clerk having returned a certificate of sufticiancy of said petition, and miuRr-AS, the City Council of the City of Edmonds did by Resolution No. 270 of said City duly adopted on the 6th day of February, 1973, set the 6th day of March, 1973, at the hour of 7:30 p.m. of said day, for the hearing and determination on said vacation, and wilEaCAS, it appears to the City Council that said med street off of 88th Place West should be portion of an unn& vacated, and the said City Council does hereby determine to vacate the same, as hereinafter set forth, NOW, THEREFORE, THE CITY COUNCIL OF T11E CITY OF EDXUaM, msniNGToN, DO ORDAIN AS FOLLOWS: The following described portion of an uhna=ed street Off of 88th Place West in the City of Edmonds, Snohomish County, Washington, legally described as follows: OFFICIAL kFEWARTS 4 674.*.r.2i4' 7 The South 25 feet.of the North 662.47 feet.of LottS, Block 5, Alderwood Manor No. 9; -EXCEPT the East:-25 feet thereof, per plat recorded in Vol' 10 o.6.. Page 6, recordsof Snohomish county, Washington be and thi same is hereby vacated, Provided, that the City of Zdmond hereby retain ain easement and reserves, the ­right s aoe�s­ to exercise and grant -easements in respect to said vacated land for the construction, repair and maintenance of public. utilities and services. A.PPROVEDs 14AYOR ATTEST: IM.1E VAMIEY MORAN CITY CLERK PASSED BY THE CITY COUNCIL: March 6, lf)73 riLrD BY TILE CITY CLERX: March 6, 11)73 PUBLISHED: Harch 14, 197.7) t h&feby C. is &*:uqt ani a.. ;r?ee. e4w arv- ar:2" C_. -r3FAV 4 Of thO COY 09 LdmandL W awn CITY CLERK OFF!rfAt F Er-CVOT Ckft cwrta b 374 MUM 7 Y 0 CtTy CLERK CfV1C ca"M 20MON06- WA Soft* CITY OF EDMONDS RECORD OF SHORT SUBDIVISION This is to certify that the properties as shown on the attached map (Exhibit *A*) and described as follows: See Exhibit 'B" have beer diwitload under the provisions of the Edmonds Subdivision Ordinance (Sec. 12.10) File No. S-31-88 _ subject to the following conditions and requirements: (AM z , C3. ce 1. Exhibit *Cw Hold Harmless Agreement rn 60 Cl) co 0 4 to;; Ar [/we verify that I/we are the legal owner(s) of the property described above. I/we warrant that all representations are true and correct and understand that In the event of any misrepresentation or failure to comply with the conditions and regulations set forth herein, the City of Edmonds shall have the right to declare that subdivision void and record a s tement to that effect in the Grantor- Grantee's Index in the office of the Snohomish County Auditor. ... STATE OF WASHINGTON) ss: COUWTY OF SHOHOMISHi 07 this day personally aF i red before me 7pa I. Ile", 'in W 0 L z 61 to me nown to be the ind vi lsfdescribed in ano wno ef- e w 6 - and forego I n5#.1i nsTnt ' d acknowledged that igned the same as fre:nand voluntary act aa-0. fo thruses and me,tf 0 purposes ment oned. Given under my hand and official seal this day of (23CO2&/Z!�SJ9" J- LtC44"A' 7f? AUMORIZEE1 FbR ftECORDINC, EN-Y OF EDNIONDS P-/ Rif- ' 40,2280174 �/Jald or �ttate- Notary Pubilc of Washi t n residinA at, VOL..2209PUE2889 q CITY CLIERK C"M carom ID WA One" FILE NO. S-31-83 t e4 EXHIBIT ."C* Owners, and all persons having any present or Subsequen t ownership interest in these lands. and the successoOs-and assigns of owners or other parties having any said interest, hereby'agree that the City of Edmonds shall be held harmless in all respects from any and all claims for damages for - 7� injunctive relief which may be occasioned now or in the future to adjacent t. land or improvements by reason of the construction, operation mW "intename of the drainage system and hereby waive and release the City of E&%Avis from any and all claims for damages, excluding:damage caused solely by an act or o;iission of said City and injunctive'relief which the owners, or their successors or assigns, may themselves have now or in the future by reason 'O'f--t-Fe c—on-Wu-c - F%;W ds,,d pe. g*.ion-ef-ieAd -4-ainage srstem. IN AUTHORIZED FOR RECORDING CITY 0173 EDMONDS VOC 2209PAGE28 9 0 Pi'r -r!?-- Of 9902-280174 V 0 C4bq gr OCZ C ZCXDI ANI— U) .1 w me Cb- (jq CZ 4. CL 00 89. a wl 11 Is Rilt — 1 4 E /so' ----p L*m oc - a a4-161 c -1 w 7—; ly OLQCEL- 1 70 A= 0 LE x 5 (as., pre- .00 Q %J 3 7 ez 8116 311, tj z '2 iSMI& T 0 - VAC.ArffV WI z 3� -j 2 cz ce c ci W 50. c - rv-, Ul Vat.. 'Jec. C) 4.0* .. v qt%- I :4?; EXHIBIT B Chapman Legal Description Parcel-B CITY CLERK CNIC CZNT= 20"C"C& WA M0*0 8/23/88 A portion of Lot 5, Block 5, Alderwood Manor 14o.9 according to the Plat thereof, in volume 10 of Plats, page 6, records of Snohomish County, Washington, being described as followst The West 50.00 feet of the South 67.50 feet of the worth 637.47 feet of Lot 5.of said Platl TOGETHER WITH the worth 12.50 feet of the went 50.00 feet of adjacent vacated street. per ordinance #1646, City of Edmonds. AUMORIZED FOR RECORIDING crry (A-7 EDMONDS It of G Job 14263 CnY OF MMOW)S P.W. DEPT. ENMEERM Drf. w"WID 4 my Lz"& DATC L-6b VOL. 2 2 0 9 PAGE 2 8 U CITY CLERK crm CUNT= EXHIBIT 8 (COOMNUED) IM"C4014 WA 98MO Chapman Pioperty-After Conveyance The West 50.00 feet of the North 144.50 feet of the South 212.00 feet of the North 637.47 feet of Lot 5, Block 5, k1derwood Manor No. 9, according to the plat _"ereof, in Volume 10 of Plats, page 6, in records of Snohomish County,-Washingtonj Together with the South 274.09 feet of the of the north 574.09 feet -of Lot 6 of said platl MU:M'the least 30.00 feet of the north 350-00 feet of said Lot 6. Situate in Snohomish County, State of Washington! AUTITORT FOR REC01tDING CITY OF EDMONDS rl — .1 - - r1­. —6— of Q Job 1 9402280174 CITY OF EDUOMX P. W. DEFr. ENGImEERING Dryf. MAW" my Ajaa DAT1E,*.VV)F" 3C d ' VOL. 2 2 0.9 PAGE 2 8 9 3 L-7b bt-10/4/88 T.:4 i I CtTY CLERK CrInc CZNTM RUMON06. WA 09040 EXHIBIT 8 (CONTINUEDI McMurray Property -After Conveyance The East 150.00 feet of the West 200.00 feet of the South 70.00 feet of the North 637.47 feet of Lot 5, Block 5, Alderwood Manor No. 9, according to the plat thereof, in Volume 10 of Plats, page 6, in Records of Snohomish Coqpty, Washington. Together with the North 12.50 feet of the East 150.00 feet of-t �he West 200.00 feet of adjacent vacated street, per ordinance number 1646, City of Edmonds; And together with a portion of said Lot 5 of plat described as followas The West 50.00 feet of the South 67.50 feet of the North 637.47 feet of Lot 5 of said Plat; Togetbar with the North 12.50- feet of the West 50.00 feet of adjacent vacated street, per ordinance Number 1646, City of Edmonds. Situate in Snohomish County, State of Washington. AUTIIORIZM FOR rr:Cor L)ING Crry OF EDMONDS Of G Job #6986 '8902280174 L-7b I CffY OF EDMONDS P.W. DEPT. ENGNEEFUNG 1XV. 'tXAMINED By A"—DATIE ' A47k RELVJM voL. 2209 PAGE 28 94 bt-10/4/88 1�1 9710310203 lo/31/97 J0:07 p.0007 Recorded Snohomish county Return To: SECURITY FIRST MORTGAGE, INC. 2625 MERIDIAN, SUITE A BELLINGHAM, WA 98225 Assessor's Parcel or Account Number: 3736-005-005-1007 Abbreviated Legal Description: PORTION OF LOT 5, BU)CK 5, ALDERWOOD MANOR NO.9, V 10, P 6. Full legal description located on page -7 1 Include lo . L, . block and plat or soction, township and rongel Title Order No.: SN092147 ESCROW LOAN Its 970042593-AUS [space Above This Line For Recording Dotal DEED OF TRUST PNWr— di— I MS DEED OF TRUST ("Security Instrument") is madeon OCTOBER 24, 1997. The grantor is ALAN M. MC14URRAY AND SUSAN MCMURRAY, HUSBAND AND WIFE ("Borrower"). The trustee is PACIFIC NORTHWEST TITLE COMPANY ("Truslec"). The beneficiary is SECURITY FIRST MORTGAGE, INC., A WASHINGTON CORPORATION which is organized and existing under the laws of THE STATE OF WASHINGTON and whose address is 2625 MERIDIAN, SUITE A, BELLINGHAM, WA 98225 ("Lender"). Borrower owes Lender the principal sum of ONE HUNDRED SIXTY FIVE THOUSAND AND NO1100-* * ..... * ...... **** .... * ... Dollars (U.S. $165,000.00 ).This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, ifnot paid earlier, due and payable on NOVEMBER 1, 2027. This Security Instrument secures to Lender: (a) the repayment ofthe debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sum, with interest, advanced under paragraph 7 to protect the security of this Security Instrument-, and (c) the performance ofBorrower'scovenams and agrecmcnts under this Security Instrument and the Note. For this purposc, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in SNOHCR41SH County, Washington: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. AP #: 3736-005-005-1007 WASHINGTON- Smgl� Farnity -FNMAfF1rL.N1C UNWORNI TNSTRU',IENT Initialsi VMP-611(WA) (9610).01 Forrn 3048 9190 Arn—ded "I Page I of 6 WAVDEED WAVDFED 612 LOAN #: 970042593—AUS which has the address of 20930 88TH PLACE WEST, EDMONDS, [Str-L City], Washington 98026 ("Property Address"); [Zip codel TOGETHER VV= all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referredto in this Security Instrumentasthe "Property. " BORROWER COVENANTS that Borrower is lawfully seiscd of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM[ COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment ofPrincipal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal ofand interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in fWl, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leaschold payments or ground rents on the Property, ifany; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, ifany-, (c) yearly mortgage insurance premiums, ifany; and (1) any sums payable by Borrower to Lender, in accordance With the Provisions of paragraph 8, in lieu ofthe payment ofmortgage insurance premiums. These itemsarecalled "Escrow Items. " Lender may, atanytime, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U. S.C. Section 2601 eiseq. ("RESPA"), unless another law that applies totheFunds sets a lesser amount. If so, Lender may, at any time, collectand hold Funds in an amount not to exceed the lesser amount. Lender my estimate the amount ofFunds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one- time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrowerany interest orearningson the Funds. Borrower andLcnder mayagree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements ofapplicable law. Ifthe amount ofthe Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full ofall sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 2 1, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale ofthe Property, shall apply any Funds held by Lender at the time ofacquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Notc� second, to amounts payable under paragraph 2, third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or ifnot paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly funtish to Lender all notices ofamounts to be paid under this paragraph. IfBorrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority aver this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. IfLender determines that any pan of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 5. H azard or Properly Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included Within the term "extended coverage" and any other hazards, including floods Or flooding, for which Lender requires insurance. This insurance shall be maintained in WASH] NGTON- Singic Family FNNfA/FlTLNfC UNTFOR.1 INSTRUNfENT initials: � V%lP-6R(WA)(9610).0l Form30489/90 Amended 5191 Pagc2of6 WAVDEED' 9710310203 LOAN 1i 970042593—AUS the amounts and for the periods that Lender requires. The insurance carrier providing The insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coveragedescribcd above, Lender may, at Lender's option, obtain coverage to protect Lender's fights in the Property in accordance with paragraph 7. All insurance policiesand renewalsshall be acceptableto Lenderandshall include a standard mortgageclause. Lender shall have the right to hold the policies and renewals. IfLender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. IfBorrowcr abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has Offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damageto the Propertyprior tothe acquisition shall passtoLender totheextent of the sums secured by this Security Instrument immediately pnor to the acquisition. 6. Occupancy, Preservation, Mai nten ance and Protection of the Property; Borrower's Loan Application; Leascholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residenceforat least one year after the date ofoccupancy, unless Lender otherwise agrees in writing, which consentshall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default ifany forfeiture action orprocceding, whether civil or criminal, isbegun that in Lender'sgood faithjudgment could result inforfeiture ofthe PTOpertyor otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture ofthe Borrower's interest in the Property or other material impairment ofthe lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate infor-mation Or statements to Lender (or failed to provide Lender with arty material infor-mation) in connection with the loan evidenced by the Note, including, but not limited to, representaLions concerning Borrower's occupancy of the Property as a principal residence. Ifthis Security Instrument is on a leaschold, Borrower shall comply with all the provisions ofthe lease. IfBorrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Under's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt ofBorrower secured by this Security Instrument. Unless Borrowerand Lenderagree to other terms ofpayment, these amounts shall bear interest from the date ofdisbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. IfLender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintai n the mortgage insurance in effect. If, for any reason, the mongage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower ofthe mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. Ifsubstantially equivalent mortgage insurance Coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twcIfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and rc= thm payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option ofLender, ifmortgage insurance coverage (in the amount and for the period that Lender requires) providedby an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the Premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable taw. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections ofthe Property. Lender s hall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking ofany part ofthc Property, or for conveyance in lieu ofcondemnation, arc hereby assigned and shall be paid to Lender, In the event ofa total taking ofthe Property, the proceeds shall be applied to the sums secured by this Security Instrument, whelheror not then due, with any excesspaid toBorrower. In the eventol'a partial takingofthe Property in which the fair market value ofthe Property immediately before the taking is equal to or greater than the amount WASHINGTON- Single Family - MIA/FFILNIC UNTFORM rNSTRUNfElYr Initials: >J-7Y� - 441 "FIR-GR(WA)(9610).01 Forrn30489/90 Amended 5191 Pagc3of6 WAVDEED 9710310203 LOAN #t 970042593—AUS of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums arc then due. Ifthc Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized tocollcct and apply the proceeds, at its option, either to restoration orrepair of the Property Or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend Or postpone the due date ofthe monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthe time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest ofBorrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extendtime for payment or othemise modify amortization ofthc sumssecuredby this Security Instrument by reason ofany demand made by the original Borrower orBorrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. ' 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenantsand agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower. subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) isco-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under i he terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. Ifthc loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so thatthe interest orother loan charges collected or to becollected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payrricrit to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requiresuse ofanothCT method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mai I to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of thejurisdicLion in which the Property is located. In the event that any provision or clause ofthis Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions ofthis Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions ofthis Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy ofthe Note and ofthis Security Instrument 17. Transfer of the Property or a Beneficial Interest in Borrower. Ifall or any part of the Property or any interest in it is sold or transferred (or ifa beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However. this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. IfLender exercises this option, Lender shall give Borrower notice ofacceleration. The noLice shall provide a period ofnot less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument IfBorrower fails to pay these sums pnor to the expiration ofthis penod, Lender may invoke any remedies permitted by this Security Instrument without further nobcc or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain condit-ions, Borrower shall have the right to have enforcement ofthis Security Instrument discontinued at any time prior to the earlier of. (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument, or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as ifno acceleration had occurred; (b) curcs any default ofany other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including. but not limitedto, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Propertyand Borrower's obligation to pay the sums securedby this Security Instrument shall continue unchanged. Upon reinstatement byBorrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more timeswithout prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security WASITTN.'GTON- Single Funily - M, 1AIFFtL.MC UNTIFORNI WSTRUNMN-r initials t R'if VMP-6R(WA)(96l0)o1 Vom3048919OArn.ndedS191 Pagc4of6 WAVDEEi5' 9710310203 LOAN #: 970042593—AUS Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change ofthe Loan Scrviccf, Borrower will be given written notice ofthechangc in accordance with paragraph 14 above and applicable law. The notice %%ill state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Prop". Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice ofany investigation, claim, dernand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and arry Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any governmental or regulatory authority, that any removal or other remediationofany Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" arc those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNTFOP,M COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale ofthe Property at public auction at a date not less than 120 days in thefuture. The notice shall further inform Borrower of the right to reinstate after acceleration, the right to bring a court action to assert the non- existence of a default or any other defense of Borrower to acceleration and sale, and any other matters required lobe included in the notice by applicable law. Ifthe default is not cureclon or before the date specified in the notice, Lender, at itsoption, may require immediate payment in full ofall sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 2 1, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Under invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may require. After the time required by applicable law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or perioc13 permitted by applicable law by public announcement at the time and place fixed in the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place- 22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Tnistee to reconvcy the Property and shall surrender this Security Instrument and all notes evidencingdebt secured by this Security Instrument to Trustee. Trustee shall Teconvey the Property without warranty and without charge to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs. 23. Substitute Trustee. In accordance with applicable law, Lender may from time to time appoint a successor trustee to anyTrusice appointed hereunder who has ceased to act. Without conveyance ofthe Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by applicable law. 24. Use of Property. nc Property is not used principally for agricultural or farming purposes. 25. Riders to this Security Instrument. Ifone or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements ofeach such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] = Adjustable Rate Rider =Condominium Rider 14 Family Rider = Graduated Payment Rider =Planned Unit Development Rider Biweekly Payment Rider =Balloon Rider Rate Improvement Rider Second Home Rider = V.A. Rider Othcr(s) fspccif�] WASHINGTON- Single Famity -FNMAfFnLMC UNIFFORM INSTRUNIFENr initials: Loje_ 1* VNIMR(WA)(9610).01 Form 30489/90 Amended 5/91 Page5of6 WAVDEED 9710310203 P 0 . . -0 LOAN #: 970042593-AUS BY SIGNTNG BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: STATE OF WASERNGTON County or �rt oh 0-y" 15 KL.' ' UR Y Jl-,12.4 W an-? SUSAN MCHURRAY ) ss: On this day personally appeared before me A1qr) M. MrAvff�IAJ ond OV-154n Ma mwf-" to me known to be the individual�5 described in and who executed the witItin and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed, for me uses and purposes therein mentioned. GIVEN under my hand and officiad seal this 0914' day of L9 akLea I qq7 �ot Pubt' 'i d for the State ofWaa?4ng1on, residing at 73 'S , t'i'll My Appointment Expires on �, -'�'—C) ( WASHINGTON- Single Family-FN"MA/FHI,MC UNIFORM INSTRUMENT VMP-6R(WA)(9610).01 Form 3048 9/90 Amended "I P29e6of6 WAVIDEED 9710310203 EXHIBIT "A:' LEGAL DESCRIPTION The east 155 feet of the west 205 feet of the south 70 feet of the north 637.47 feet of Lot 5, Block 5, ALDERWOOD MANOR NO. 9, according to the plat thereof recorded in Volume 10 of Plats, Page 6 in Snohomish County, Washington; EXCEPT the east 5 feet thereof conveyed to The City of Edmonds under Recording Number 2266266; TOGETHER WITH the north 12.5 feet of the south 25 feet of the north 662.47 feet of Lot 5, Block 5, Alderwood Manor No. 9; EXCEPT the east 25 feet thereof recorded as vacated by The City of Edmonds Ordinance No. 1646, recorded under Recording Number 2286319, which attached to said property by operation of law; TOGETHER WITH a portion of Lot 5, Block 5, AJderwood Manor No. 9, according to the plat thereof recorded in Volume 10 of Plats, page 6, records of Snohomish County, State of Washington, described as follows; The west 50.00 feet of the south 67.50 feet of the north 637.47 feet of Lot 5 of said plat; TOGETHER WiTH the north 12.50 feet of the west 50.00 feet of adjacent vacated street, per Ordinance #1646, City of Edmonds. ... END... 6 PAGE 7 9710310203 Ll F- IL 9710310204 10/31/97 10:07 p.0002 Recorded Snohomish CountY Return To: SECURITY FIRST MORTGAGE, INC. 2625 MERIDIAN, SUITE A BELLINGHAM, WA 98225 Assessor's Parcel or Account Number: 3736-005-005-1007 LOAN #3 970042593-AUS PNWT ASSIGNMENT OF DEED OF TRUST FOR VALUE RECEIVED, the undersigned, as Assignor, does hereby grant, convey, assign and transfer to FLAGSTAR BANK, FSB 2550 TELEGRAPH ROAD, SUITE 200, BLOOMFIELD HILLS, MI 48302 as Assignee, all of the beneficial interest of the Assignor in and to the property described in that certain Deed of Trust dated OCTOBER 24, 1997 executed by ALAN 14. MCHURRAY AND SUSAN MCMURRAY, HUSBAND AND WIFE Grantor, to PACIFIC NORTHWEST TITLE COMPANY 3224 WET14ORE AVENUE, EVERETT, WA 98201 Trustee, the following described prop" situated in SNOHOMISH County, State of Washington: SEE LEGAL DESCRIPTION ATTACHED HERETO AND 14ADE A PART HEREOF. recorded inV.Iume of Mortgages, at page under Auditor's File No. , records Of SHOHOMISH County, State of Washington, also that certain promissory note described in and secured by said Deedp4j�ust . SIGNED this 26TH day of OCTOBER SECURITY FIRST MORTGAGE, INC., A WASHINGTON CORPORATION NOTARY PUBLIC STATE OF WASHINGTON JODYhkNAMARA BY My Appointment Expires JUNE 1. 1 M8 Its State of Washington County of WHATCOM On this 28TH day of OCTOBER 1997 , before me personally appeared MARK CROSS to me known to be the PRESIDENT of ih� corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, 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 is the corporate sea] of said corporation. In Witness Whereof, I have hereunto set by hand affixed my offic W I sea[ the day and year first above written. Wwhington Assigrment of Deed ofTrust Vr61P-995(WA)(%I0)61%V,MP-It75 (9606) UGVSfL(0938.1) WAGVAS 612 EXHIBIT "A" LBGAL DESCRIPTION The east 155 feet of the west 205 feet of the south 70 feet of the north 637.47 feet of Lot 5, Block 5, ALDERWOOD MANOR NO. 9, according to the plat thereof recorded in Volume 10 of Plats, Page 6 in Snohomish County, Washington; EXCEPT the east 5 feet thereof conveyed to The City of Edmonds under Recording Number 2266266; TOGETHER WITH the north 12.5 feet of the south 25 feet of the north 662.47 feet of Lot 5, Block 5, AJderwood Manor No. 9; EXCEPT the east 25 feet thereof recorded as vacated by The City of Edmonds Ordinance No. 1646, recorded under Recording Number 2286319, which attached to said property by operation of law; TOGETHER WITH a portion of Lot 5, Block 5, Alderwood Manor No. 9, according to the plat thereof recorded in Volume 10 of Plats, page 6. records of Snohomish County, State of Washington, described as follows; The west 50.00 feet of the south 67.50 feet of the north 637.47 feet of Lot 5 of said plat; TOGETHER WITH the north 12.50 feet of the west 50.00 feet of adjacent vacated street, per Ordinance #1646, City of Edmonds. PAGE 7 9710310204 9 L'v I q14, 00 Q WHEN RECORDED MAIL TO: AssetLink Process Services 620 S. Woodruff Ave. Idaho Falls, ID 83402 9806150547 06/15/99 14:23 p.0002 Recorded Snoho-mish County WASHINGTON COUNTY OF SNOHOMISH LOAN NO.970042593 [949585459 FHLMC] POOL NO. ASSIGNMENT OF DEED OF TRUST FOR VALUE RECEIVED, FLAGS -EAR BANK, FSB A FEDERALLY CF9LRTEP= SAVING9 BANK, A ldr=GAN CORPORATICK located at 2600 TELEGRAPH Ra4D, BLCCWI= H=S, Mr 48302-0953 cransf ers to MUCK.PLANTERS BANK, A M=CNAL ASSOCT=CK ORGU4= AND EXTS71M OMER 771E LAM OF THE UNI= STATES located at 7130 GOMLE7T FAFV�B PARKP&Y AX2, CORDOVA, TN 38018 all beneficial interest under that certain Deed of Trust dated OCTOBER 24, 1997 executed by ALAN M. MCMURRAY AND SUSAN A2249RRAY, R=AM AND WITE Grantor, to PACIFIC NORTHWEST TITLE COMPANY Trustee, and recorded on OC21MM 24, 1997 in Volume Page Mic-rofilm No. Auditor's File No. 9710310203 Records of SN0110MISH County, Washington, describing land therein as: J=FS747.S.15535 (NMRI.WA) 1111111111111111111111111111111111111111 Assigmwnt-interv. -Re=rded 1111111111111111111111111111111111111111111111111111111 Toan No. Page 1 of 2 Loan No.970042593 [949585459 FRLMC] Together with note or notes therein described or referred to, the monies due and to become due thereon, with interest, and all rights accrued or to accrue under said to, the mones due and to become due thereon, with interest, Deed of Trust. Dated this 5th day ofMAY 1998 the 16th day of APRIL 1998 , but effective FLAGSTAR BANK, FSB A FEDERALLY CHARTERED SAVINGS BANK MII�Y 10CWAS Fll� SSOIT_� SAV'2� By DIANA ANDERSON VICE PRESIDENT I I -A CLAJUDIA SCHENK STATE*OF IDAHO SEdRETARY )ss COUNTY OF BONNEVILLE OnMAY 5, 1998 . before me, the undersigned, personally appeared DIANA ANDERSON known to me to be the person who executed the within instrument as theVXCE PRESIDENT . and CLAUDIA SCHENK known to me to be the person who executed the within instrument as the SECRETARY of the Corporation that executed the wi-:hin instrument and acknowledged to me that the Corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS m nd an official seal. C 0 L 1 /4, p4" jVL_T;_P-tdfr-xN§ (COMMISSION EXP. 12-04-01) NOTARY PUBLIC sTAIE 0r In % go 4% 06C.41 **# '%oo . miss0% (NMRI.WA) Page 2 of 2 P=S.000.15535 J=FS747.S.15535 C=S. 1049. 0040 9806150517 -0..0.j RETTJRNL ADDRESS: 90031905BO 03/19/98 16:12 p.0007 Recorded Group HeaJth Credit Union Snohomish County P. 0. Box 19340 Seattle, Washington 98109-1340 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY REVOLVING CREDIT DEED OF TRUST C Grantoir(sYborrowen(s): I. MCMURRAY. ALAN M. 3. 2. MCMURRAY, SUSAN 4. Grantee/assigneeilieneficiary. Group Health Credit Urion, BenefIC4W P ifi Northwest Tift Company of Snohomish County, Ino. , Trustee Legal Description: Ld5.B4ock5.ALDERW`O0D MANOR ND.9.V10.P& Additional legal clasooW is on page I of this document Assessor's Tax Parcel ID#,. 3735-ON-005-1007 AMOUNT OF PRINCIPAL INDEBTEDNESS: S 49.999.00. THIS DEED OF TRUST IS DATED March 16, 1998. among ALAN M. MCMURRAY and SUSAN MCMURRAY husband and wife whose mailing address is 20930 88TH PLACE WEST. EDMONDS, WASHINGTON 98= (referred to below as *Grantor'); GMUP 1 1106111 Credit UhiC1r% whose address is P. 0. Box 19340. Seattle, Washir"m 99109A340 (referred to below sometimes as -Londee and sometimes as "Beneficiary"). a corporation organized and existing under the laws of the state of Waslhinglin and Pooft Nortmiag rds Company of Snohomish County, Inc. , whose address is 327A Wetmore Aiioinua, Everall. Washiinglon, 911201 (referred to below as "Trustee"). 1. CONVEYANCE APO GRANT. For valuable congidend,10M G1 81 ft corivelps, to Triano in trust wdh power of aft right of a" aind pnesession aid for ft benolk of Lander an Beneficiary, all of Grantoes right litle. arid interest in and to the talowing described rest prop", together with ail existing or suosecIuently erected or affixed buildings, improvements and fixtur= art easements, rights of way, and appurteriancem all property. including without limitation any rights Grantor later acquires in the too simple title to the land. subod to a Lease, d any, and all minerals, ol, gas, goothermat and similar matters, located in SNOHOMISH County, State of WASHINGTON (the *RoaJ Property"): LOT S. BLOCK 5. AIDERWOOD MANOR NO. 9. ACCORDIING TO THE PLAT THEREOF RECORDED IN VOLUME 10 OF PLATS, PAGE 6 IN SNOHOMISH COUNTY, WASHINGTON. The Real Property or its address is commonly known as 20930 88TH PLACE WEST, EDMONDS, WASH114GTON 98M Grantor hereby assigns as security to Lender, all of Grantoes right tift, 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 lion created by this assignment is intended to be specr6c, perfected and Choate upon the recording of this Deed of Trust. Lender grants to Grantor a license to collect the Rents arid profits. which license may be revoked at Lender's option and shall be automatically revoked upon acceleration of adl or pan of the Indebtedness. 2. DEFINITIONS The following words shall have the following meanings when used in this Deed of Trust Terms not otherwise defined in this Deed of Trust shall have the meaniril;;s attributed to such terms in the Washingto4i, Unifuim Comm%wcial Code. BonotiCiary. The word 'BenoficW means Grow Health Crodlit Urior% its successors and assigns. Group Health Credit Union also is referred to as 'Lender' in this Deed of Trust Borrower. The word *Borroww* means each and every person who signs the Horne Equity Plan Credit Agreement secured by this Deed of Trust Crock Agreement The words 'Cram Agrearnew mean this revolving credit agreement dak3d March 16, 199% with a - ad limilt In tho arrourd of S 49.999.00 . between Grantor and Lender, together with all renewals. extensions, modifications, refinancing.% and suostrtutions for the Credit Agreement The maturity date of this Deed of True% which is the date by which all Indebtedness under the Credit Agreement and this Deed of Trust is due is March 16. 201111 NOTICE TO GPLANTOA: THE CREDlIT AGREEMENT CONTAINS, A VAA1.hBILE INTEREST RATIE. Dead of Trust The words "Deed of Trust' mean this DoW of Trust among Grantor, Lender and Trustee Grenflor. The word 'Grantor- means any and all persons and entibes executing this Dead of Trust Any Grantor who signs this Deed of Trust, but does not sign the Credit Agreement, is signing this Deed of Trust only to grant and convey that Grantoes interest in the Real Property and to grant a security interest in Grantor's interest in the Personal Property to Lender and is not personalty liable under Me Credit Agreement except as otherwiso provided by contract or Low. REVOLVING CREDIT DEED OF TRUST (Page I of 8) 0� Impir-amants. The word *Improvern"' means and includes without limitation all existing and future improvements, fixtures, buildings. structures. mobile homes affixed on the Real Property, facilit" additions and Other construc-tion an the Real Prop". Indabladness. The word "indebtedness' means all principal and interest payable under the Credit Agrooment and any amounts expended of advanced try Lender to discharge obligations of Grantor or expenses incurred by Trustas or Lander to enforce obligations of Grantor under this Dead of Trust together with interest on such amounts as provided in this Deed of Trust. Specifically. without limitation, this Dead of Triist secures a revolving line of credit with a variable rate of interest, which obligates Lander to make advances to Grantor up to the credit limit so long as Grantor complies with all the terms; of the Credit Agreement and the line of credit has not been terminated, suspended or canceed. Such advances ffW be made. repaid, and remade from time to time, subjecrt to Me limitation that the total outsrLaMing balance owing at arty one time, not including finance charges on such balance at a fixed or variable rate or sum as provided in the Credit Agreement arr/ temporary overages, other charges, and any amounts expended or advanced as provided in Mt3 paragraph, shall rict exceed the Credit Limit as provlidod in Me Credit Agreement Notwithstanding the amount outstanding at arry particular time, this Deed of Tnust secures the butal Credit Agreement amount shown above. The unpaid balance of the revolving line of credit may at certain times be lower Man the amount shown or zero. A zero balance does not terminate the line of credit or terminate Lander's obligation to advance funds to Grantor. Therefore, the lien of this Deed of Trust will remain in full force and effect notwithstanding any zero balance. I case The word *Lease" means any lease between Grantor and the Lessor of the Property. Lander. The word "Lender' means Group Health Credit Union, its successors and assigna. Personal Prop". The words "Personal Property' mean all equipment fixtures, and other articles of personal prop" now or hereafter owned by Grantor, and now or hereafter attached or affixed to tho ROW Property; together with all accessions, part% and additions to. all replacements of, and all substitutions for, arry of such property, and together with all proiceads (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of Me Property. Property. The word "Property" means collectively the Real Prop" and Me Personal Property. Real Property. The words *Real Property" mean the Property, interests and rights described above in the "Conveyance and Grant" section. ReLmod Docuirnants. The words 'Related Documents' mean and include without Limitation all promissory notes, credit agreements, loan agreements, guaranties, security agreements, mortgages, deeds of truA and all other instruments and documents, whether now or hereafter existing, executed in connection with Grantees Indetritedne3s to Lander. Trusba The word "Trustee" means the entity shown at Me top of page one of this Deed of Trust TM DEED OF TRUST AND. IF ANY. A SECURITY INTEREST IN TM PERSONAL PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF EACH AGREEMENT AND OBLIGATION OF GRANTOR UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. TKS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: 3. PAYMENT AND PERFORMANCE Except as otherwise provided in this Dead of Trust. Grantor shall pay to Lander all amounts secured by this Deed of Trust as thery become due, and shall strictly and in a timely manner perform all of Grantoes obligations under the Home Equity Plan Credit Agreement and this Deed of Trust 4. POSSESSION AND MAINTENANCE OFTHE PROPERTY. Grantor agrees that Grantoes possession and use of Me Property shall be governed by the following provisions: Possession aid Use. Until the occurrence of an Event of Default Grantor may (a) remain in possession and control of Me Property, (b) use, operate or manage the Property, and (c) collect any Rents from ft Property (this privilege is a license from Lender to Grantor automatically revoked upon default). The following provisions relate to the use of Me Property or to Other limitations on the Property. The Real Property is nut used principally for agriculture or farming purposes. Duty 0 Maintair Grantor shall maintain the Property in tenantable condition and promptly per form all repairs and maintenance necessary to preserve, its value. Hazardous Substancea Grantor represents and warrants that the Property never has been, and navlor will be so long as this Dead of Trusll remains a lien an Me Property, used for the generation. manufacture, storage, treatment disposal, release or threatened release of any hazard" waste or substance, as those terms are defined in the Comprehensive Environmental Response, Compensation and Liability Act of 19M, as amended. 42 U.S.C. Section 9601, at seq. ("CERCLA'), the Superfund Amendments and Reauthorization Act ("SARA"), applicable state or Federal taws, or r9gulatioris adopted pursuant to any of the foregoing. Grantor authorizes LaMar and its agents to enter upon Me Property to make such inspections and tests as LaMar may doom appropriate to determine compliance of ft Property with this section of the Deed of Trust. Grantor hereby (a) release$ and warves any future claims against Lander for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under arry such laws, and (b) agrees to indemnity and hold harmless Lander against any and all claims and losses rosulting from a breach of this paragraph at the Deed of Trust. This obfigatim to indemnity shall survive the payment of Me Indebtedness and the satisfaction of this Dead of Trust Nuisance, Wasso. Grantor shall not cause, conduct or permit arty nuisance nor commit permit or suffer any stripping of or waste on or to the Property or any portion of the Prop". Spedficaffi/ without limitation, Grantor will not remove, or grant to any other party the right to remove, any tmber. minerals (including oil and gas). soil, gravel or rock products without the prior written consent of Lender. Lemler's Right 10 Enlair. Lander and its agents and representatives may enter upon Me Real Property at all reasonable times to attend! to Landees interests; and to inspect the Property for purposes of Grarytor's compliance with the torms and conditions of this Dead of Tnxt CQffWkwm woth Governmental Requiremarft 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 of all governmantall authorities applicable to the use or oompancy of the Property. Grantor may contest in good faith any such law. ordinance, or regulation and withhold compliance during any proceeding. inciuding appropriate appeals, so long as Grantor has notified Lender in writing Prior to doing so and so long as Lender's interests in the Property am not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to LaMar, to protect Lander's interest. Duty in Protect Grantor agrees neither to abandon nor leave unattended Me Prop". Grantor shall do all other am in addition to those acts am forth above in this section, which from Me character and use of the Property are reasionalaty rwxssary to protect and "serve the Property, COMPLIANCE WTTIH LEASF- If there is a Lease on the Prop", Grantor will pay all rents and wig strictly observe and Worm on a timely basis all other terms. covenants, and conditions of Me Loam. Grantor further agrees (a) not to surrender, terminate, or cancel the Lease, and (b) not to modify. change, supplement, agar, or amerid the Lease, either orally or in writing, without Lender's prior written consent No estate in the Prop", whadw fee title to the leasehold promiseg, the lassishold estate, or any subleasehold estate, will merge **W Landers express written consent rather Mose estates will remain separate and distincl, even 0 More is a union of these estates in the Landlord, Grantor, or a third party who purchases or Otherwise acquires Me estates. Grantor further agrees that if Grantor acquires all or a portion of the fee simple title, or arty other Wasehold or subleasehold M lo the Property, that btle will, at L~s option, immediately become subleall to the terms of this Dead of Trust and Grantor wig execute. deliver and record all documents necessary or appropriate to assure that such title is secured by this Dead of Trust. & REHABILITATION LOAN AGREEMENT. Grantor shall fulfill all of Grantor's obligations under any home rehabilitation, improvement repair, or other loan agreement which Grantor may enter into wrth Lander. Lender. at L~s option, may require Grantor to execute and deliver to Lender, in a form acceptable b3 Lander, an assignment of any rights, claims or defenses which REVOLVING CREDIT DEED OF TRUST (Page 2 of 6) 9803190588 Grantio: may have against parties who supply Labor, materials or Services in conriaclJon with improvements made to the Property. 7. DUE OWSALE - ODINSEW BY LENIDER. Lender may, at its option, (a) he" the right 10 accelerate, Mat Is, declare immediately due and payable all sums secured by this Deed of Trust or (b) increase Me interest ratio provided for in the Credit Agreement or other document evidencing thar Indebtedness and impose such other conditions as Lender doom" appropriate. upon Me sale or transfer, without the Landoes prior written consent, of all or any part of the Real Property, or any interest in Me Real property. if Grantor sells or transters the Real Property without the written consent Of Lender, then, prior to acceleration Lender shall give notes to Grantor. The notice shall provide a period of not less than tan 00) days from Me data of the notice within which Grantor may pay the sums declared due. If Grantor tails to pay Mass Surn 5 prior to the expiration of such period, Lender may, without further notes or demand on Grantor, invoke any remedies permitted in this Deed of Trust. A 'sale or transfer' means the conveyance of Real Property or arty right itille or interest Mersin: whether legal or equitable; whether voluntary or involuntary; whether by outright sale, deed. hstallment sale contract land contract contract for deed, leasshOld interest with a term greater than three (3) years. lease -option ccritraclL or try sale, assignment or transfer of any beneficial interest in or to any land " holding title to the Real Property, or try any other method of conveyance at Real Prop" interest, However, this option shall not be exercised by Lender d such exercise Is prohibited by fedora) law or by Washington law. It. TRAt4SFER OF PROPERTY. The following provisions relating to the transfer of the Real Prop" are a pan of this Dead of Trust of Transfer. Grantor shall give notice to Lender, as provided in this Deed of Trust, poor io arry "a or transfer of all or part of the Property or any rights in the Real Property. Any person to whom all or part of the real property is said or transferred also shall be obligated to give notice to Lender, as provided in this Deed of TrusL promptly after such transfer. Ai1vances Allier Transiler. All amounts advanced under the Home Equity Plan Credit Agreement, up to Me Credit Limit are secured by this Deed of Trust whether advarxisd before or after sale or transfer of the Real Property, except arry amounts which may be advanced by Lender more than five (5) days after nortice to Lender, as provided in this Dead of TrusL that such transfer or sale has occurred. Even it Grantor Inarisfers the Real Property, Grantor will continue to be ob4gated under the Credit Agreement and this Deed at Trust unless Lender releases Grantor in writing. As a condition to Lendsr`3 consent to any proposed transfer or as a condition to the release of Grantor. Lender may require Mal Me person to whom the Real Property is transferred sign an assumption agreement satisfactory to Lender and Lender may impose an assumption fee. The assumption agreement will not entitle the person signing it to receive advances under the Credit Agreement 9. TAXES AND LIENS The following provisions relating to Ma was and lions on Me Property are a pan of this Deed of Trust. Payment Grantor shall pay when due (and in all events prior to delinquency) all to , special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of die Property, and shell pay when due ail claims for work done on or for services rendered or material furnished to the Prop". Grantor shall maintain the, Property tree of all lions having priority over or equal to the interest at Lender undef this Deed of Trust except for the lion of taxes and assessiTionts not due, except for the existing indebtedness referred to below and except as otherwise provided in this Dead of Trust Rigm To Conkma GranW may withhold payment of any tax. assessment or clairri in connection with a good faith dispute over Me obligation to pay, so long as Londoeis interest in the Property is not jeopardized. if a lion ariess or is filed as a result of nonpaymenL Grantor shaft within fifteen (15) days after the fien ar;se3 or. 4 a lion is filed. within fifteen (15) days after Grantor has notice of the filing, secure Me discharge of the lion, or d requested by Lender, deposit with Lender cash or a sufficierit corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees or cow chargas 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 Me Property. Grantor shall name Lender as an additional obligee, under arry surety bond tumishod in Me conlitist proceeclings. Evidence of Purriert Grantor shall upon demand furnish to Lender satisfactory evidence of paymeert of Me taxis or assessments and shall authorize the appropriate governmental official to deliver to Landor at any time a written statement of the was and assessments against the Property. Notice, of Com9ruiclion. 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, d any machanies lien, mailerialman's lion, or other lion could be asserted on account of the work, services, or materials and the cost exceeds $110,000.130. Grantor will upon request of Lender furnish to Lender advanCe assuraricas satisfactory to Lender that Grantor can and will pary the cost of such improvements. 10. PROPERTY INSURANCE The following provisions relating to insuring the Property am a part at this Dead of Trust Mainrionanoo of Insunance. 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 to Real Property in an amount sufficient to avoid application of arty coinsurance cLause. and with a standard mortgagee clause in favor of Lender, tagaither with such other hazard and liability insurance as Lender may reasonably requin3L If the Real Property is located in an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area. Grantor agrees to obtain Federal Flood Insurance to the extent such insurance is required and is available. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company Or Companies masonabty, acceptable to Lender. Grantor, upon request at Lender, will ckorver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be canceled or diminished without at West tan (10) days' prior written notes to Lender. Applicatiairti of Prowedis Grantor shall promptly notify Lender of any loss or damage to the Property if the estimated cost of repair or replacement exceeds $10,000.00. Lender may make proof of loss if Grantor tails to do so within fifteen (15) days of Me casualty. If, in L~s judgment the restoration or repair is economically feasible and Lander's security is not lessened, insurance proceeds shall be applied to restoration or repair of the damaged Property. If the restoraition or repair is not ocionorrically feasible or Loncisea security would be lessened, the insurance proceeds shall be applied to the sums secured by this Deed of Trust whether or not then due, with any excess paid to Grantor. 11 Grantor abandons the Prop", or does not answer within thirty (30) days a notes from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restiors the Property or to pay sums secured by this Deed of Trust. wheMor or net then due. If Lender holds any proceeds after payment in full of Me Indebtedness, such proceeds shall be paid without interest to Grantor as Grantor's interests may appear. th meapo Instrance at Selle. Any unexpired insurance shall inure to the benefit at, and pass to, the purchaser of the Property covered by this Deed of Trust at any "so's sale or other salis hold under the provisk" of this DOW of Trust or at arty foreclosure sale of such Prop". C4orrVfiance with Exiiiolling lindlebodiness. During the period in which any Existing Indebtedness described below is in offset compliancei with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance promsions under this Deed of Trust to the extent compliance with the terms of this Deed of Trust would conslirturto a duplication of insurance requirement " any proceecls from tho insurance become payable on toss, the provisions in this Deed of Trust for dirvision of proceeds " ap* antly to that portion of the proceeds not payable to the holder of the Existing Indebtedness. 1. EXPENDITURES BY LENDER. 11 Grantor tails to corriply with arty provision of this Deed of TrusL including arty obligation to maintain Existing Indebtedness in good standing as required below, or if any action or proceeding is commenced Met would materially ~ Lender's interests in the Property, Lender on Grantees behalf mary. upon notes to Grantor, but shall not be required to, take any acton Mat Lender deems appropriate. Any amount Mat Lendef expends in so doing will bear interest at Me rate charged under the Credit Agreement from the date incurred or paid try Lender to the date of repayment by Grantor. An such expenses. at Landerjs option. will (a) be payable on demand. or (b) be added to the balance of the credit We. This Deed of Trust also will some payment of these amounts. The rights provided for in this paragraph shag be In addition to any other rights or any remedies to which Lender may be entitled on a000unt of the default. Any such action by Lender shah not be construed as curing Me default so as to bar Lender from any remedy that it otherwise would have had. REVOLVING CREDIT DEED OF TRUST (Pap 3 of 6) 9803190588 iz wARRANTY; DEFENSE OF Trn-E The following provisions relating to ownership of the Property are a pan of this Dead of Trust Title. Grantor warrants that (a) Grantor holds good and marketable btle of record to the Property (including a 10asOhOW interest if any). free and clear of all hens and encumbrances except those Of record, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Deliense of Tift Subject to the exception in the paragraph above, Grantor warrants and vvill forever defend this ble to the Property against the lawful claims of all pwson& In the event any action or proceeding is commenced that questions Grantor's bft or the interest of Trustee or Lender under this Deed of Trun Grantor shall deland 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 ft proceeding by counsel of its own choice, and Grantormll deliver, of cause to be delivered. to Lender such instruments as Lender may request from time to time to permit such panicipation. Compkerice WM Law% Grantor warrants that the Prop" and Grarnor`s use of the Property complies with ail existing applicable laws, ordinances, and regulations of govammental authortes. 13. EXISTM INDEBTEDNESS. The followng provisions concerning existing indebtedness (the "Existing Indebtedness') are a part of this Deed of Trust Exisanig Lion The hen of this Dead of Trust securing the Indebtedness may be secondary and inferior to an existing lion, it them is such a lien. Grantor exprassly coveriants and agrees to pay, or am to the payment of, this Usting Indebtedness and to prevent arty delauh an such indebtednew, any default under the instruments eviclencing such indebtedness, or any default under any security documents for such indebtedness. No Modilicationt Grantor shall not enter into any agreement with the holder of arry mortgage, deed of trust or other security agreement which has priority Over this Dead of Triust by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lander. Grantor Shall neither request nor accept any future advances under any such security agreement without the prior writhan consent of Lender. 14. CONDEMNATION, The following provisions relating to proceedings in condemnation are a part of this Deed of Trust Appilicaboin of Nat Pmcoed& If all or any part of the Property is condemned, Lander may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness under the Home Equity Plan, subject to ft terms of any mortgage or deed of trust with a lien which has priority over this Deed of Trust The W proceeds of the award shall mean the award after payment of all reasonable costs, expenses. and attomiey3'laes necessarily paid or incurred by Grantor, Tmistse or Lender in connection with the condemnation. Proceadlirolit It any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor WWI promptly take such step as may be necessary to defend the action and obtain the, award. Grantor may be the nominal party in such proceeding, but Lender "I be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice all at Grantoes expense, and Grantor will deliver or Cause to be darrvered to Lender such instruments as may be requested by it from time to time to permit such participation. m DAPOSffX)N OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions ralating to governmental taxes, fees and charges are a W of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed at Trust and take whatever other action is requested try Lender to perfect and continue Lendees lion an the Real Property. Grantor shall raimburse 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: (a) a specific tax upon this type of Deed of Trust or upon all or any W of the Indebtedness secured try this Deed of Trust (b) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured try this " of Deed of Trust (c) a tax on this type of Dead of Trust chargeable against the Lander or the holder of the Credit Agreement and (d) a specific tax an all or any portion of ft indebtedness or on payments of principal and interest made by Grantor. I& FURTHER ASSURANCES. The following provisions regaling to further assurances are a part of this Dead of Trust Further Assuranam Upon request of Lender, Grantor will make. execute and deliver, or wig cause to be made, executed or delimvened. to Lander or to Lander's designee, and when requested by Lender. cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lander may deem appropriate, any and all such mortgages, deeds of rust. security doe" security agreements, firianicing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lander, be necessary or desirable in order to effectuate. complete, perfect continue. or preserve (a) the obligations of Grantor under ft Credit Agreement, this OBW of Trust. and the Related Documents, and (b) the heris arid security interests created by this Dead of Trust on the Property. Unless prohibited by law or agreed to the contrary by Lender in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. 17. FULL PERFORMANCE If Grantor pays all the Indebtedness when due, terminates ft credit line account and otherwise performs all the obligations imposed upori Grantor under this Deed of Trust. Lander shall execute and deliver to Trustee a request for till reconveyance. The grantee in any reconvoyarice may be described as the 'person or persons legally entitled thereto", and the recitals in the reconveyance at arty matters or facts shall be conclusive proof of the truthfulness Of arty such matters or tacts, I& DEFAULT. Each of the following: at the option of Lander, shall constiturts an event of default (Event of Default") under this Dead of Trust (a) Grantor commits fraud or makes a material misrepresentation at any time in connection with the credit line account This can include. for example, a faise statement about Grantoes income, assets, liabilities, or any other aspects of Grantoes financial condition. (b) Grantor does not meet ft repayment terms of be credit line account (c) Grantor's action or inaction adversary affects the collateral for the credit line account or Lendees rights in the collateral. This can include. for example, failure to maintain required insurance, wasle or destructive use of this otwelling, failure to pay taxes, death of all persons liable on the account transfer of tire or sale of the dwelling, creation of a lien on the dwelling without our permission. foreclosure by the holder of another lion. or the use of funds or this dwelling for prohibited purposes. 19. GRANTOR-S RIGHT To CURE Upon the occurrence of arty Event of Default (other than fraud or material misrepresentation) and prior to exercising any of the rights and remedies provided in this Deed of Trust or by law, Lander shall give notice as prorvided in the Deed of Trust and as required by applicable law. The notice may be combined or sent with any notice required by applicable law and shall sipacitr. (a) the Event of Default (b) the action required to cure the default (c) a date not less than thirty (30) days (or any longer penod as required by applicable law or elsewhere in this Deed of Trust) from the date the notice is given to Grantor by which the defaun must be cured and (d) that failure to cure the dellault on or before the date specified in the noticia may result in acceleration of the sums secured by this Dead of Trust and sale of Me property. The notice shall further inform Grantor of ft right to reinstate attar acceleration and the right to assert in a foreclosure proceeding the nonexistence of an event of default or any other defense of Grantor to acceleration and sale. However it Lander has given Grantor a right to cure with respect to a prior Event of Default which occurred within three hundred 3irly-firve (365) days of the present event of Default Grantor shall not be entitled to recorve the right to cure described in this paragraph. 20. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of any Event of Default and at any time thereafter, Trustee or Lender, at its option, may exercise arty one or more of ft following rights and remedies, in addition to any other rights or remedies provided by law Accelansis Indebtedness Lander snail have t1he right at its option to declare the entire indebtedness; immediately due and payable. Fonsclosum with respect to all or any part of the Real Prop", the Trustee shall have this right to exercise its REVOLVING CREDIT DEED OF TRUST (Page 4 of 6) 9803-190588 0 1 1 0 power of sale and to foreclose by notice and "a, 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. Appoint Receiver. Lender "I have the right to have a receiver appointed to take possession of all or any part of the prop", with the power to protect and preserve the Property, to operate the Property preceding or pending forecloam or sale, and to collect the Rents from the Property and apply the proceeds, am and above the cost of the receivership, against the Indebtedness. The receiver may serve willhout bond it permitted by Law. Lander's right to the appointment of a receiver Shall exist whether or not the apparent value of the Prop" exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disquairty a Parson from serving as a rOwtm. Tenancy as Sufforanta It Grantor remains in possession of the Property after the Prop" is Sold as provided above or Lender otherwise becomes entitled to possession at ft Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Prop" and shall, at Lander's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property immediately upon the demand of Lender. 01w Remedies. Trusfee or Lender Shall have any other right or remedy provided in this Deed of Trust or the Home Equity Plan Credit Agreement or try law. Sale at to Property. To the extent permitted by applicable law, Grantor hereby waWs any and all rights to have the Property marshalled. In exercising its rights and remad" the Trustee or Lender shall be free to sell all or arry part of the property together or separately, in one sale or by separate sales. Lender shag be onbftd to bid at any public sale an all or arry portion of the Property. Wwmr, BitcDon of Remedim A waiver by any party of a breach of a PrOv"ton of this Dead of Trust shall riot constitute a waiver of or prejudice the party's rights otherwise to demand strict compliance with thilit provision Or arty other provision. Election by Lender to pursue any remedy provided in this Deed of Trust, the Credit Agreement in any Related Document or provided by law shall not exclude pissult of any other remedy, and an election to make exponditures or to take action to perform an obligation of Grantor under this Dead of Trust after failure of Grantor to perform shall not affect Lender's right to dacWe a default and to exercise any of its remedies. Attorneys' Fam Egwrislas It Lender institutes any suit or action to enforce any of the terms of this Dead of Trust Lander shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at bial and on arty appeal. Whether or not any court action is involved, an reasonable expenses incurred by Lender which in Lencler's opinion am necessary at any time for dhe protection of its interest or the enforcement of its rights Shall become a pan of the Indebtedness payable on demand and shall bow interest at the Credit Agreement rate from the date of expenditure until raped Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Landers attorneys' teas whether or not there is a lawsuit including attorneys' few for bankruptcy proceedings (including off" to modify or vacate any automatic stay or injunction) appeals and any anticipated post -judgment collection services. the cost of searching records. obtaining tide reports (including foreclosure reports), surveyors' reports. appraisal toes, ble, insurance. and fees for the Trustee to the extent permitted by applicable taw. Grantor also will pay any court coM in addition to all other surns provided by law. Ffighits of Trustee. Trustee shall have all of ft rights and duties of Lender as set forth in this section. 21. GRANTOR'S RIGHT TO REINSTATE If Grantor meets certain condiborts, Grantor "I have the right to have enforcement of this Dead of Trust discontinued at arry time prior to t1he earlier of (i) five (5) days (or such other period as applicable law may Specify for reinstatement) bofona sale of the Property pursuant to any power of sale contained in this Deed of Trust or (ii) entry of a judgment enforcing this Dead of Trust. Those Conditions am that Grantor. (a) pays Lender all sums which would then be due under this Deed of Trust and t1v Credit Agreement had no acceleration occurred; (b) cures all oithar defaults under this Dead of Trust and Me Credit Agreement (c) pays all reasonable expenses incurred in enforcing this Deed of Trus� including, but riot firnitted tD, masonablo attorneys' tees: and (d) takes such acton as Lander may reasonably require to assure that the lion of this Dead of TrusL Lendees rights in the Property and Grantior's obligation to pay the sums secured by this Deed of Trim shall continue unchanged. Upon reinstatement try Grantor. this Deed of Trust and the obligations secured hereby shall remain fully effective as it no acceleration had occurred but Lender shall not be obligated to make any more credit advances. This right to reinstate shall apply it Grantor has not preMousty exercised the right to reinstate under this sarne Deed of Trust 22 POWERS AND OBLJGATIONS OF TRUSTEE The following provisions relating to the powers and obligations of Truslee (pursuant to Landes instructions) are part of this Deed of Trust. Powers of Trustee In addition to ail powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to rhe Property upon the request of Lander and Grantor (a) join in preparino and firing a map or plat of the Real Property. including the dedication of streets or other rights to the public; (b) join In granting any easement or creating any restriction on ft Real Property, and (c) ton in any subordination or otheir agreement affecting this Deed of Trust or the Interest of Lander under this Dead of Trust Otifigabons to Nobly. Trustee Shall not be obligated to nobly any other fienholder of the Prop" of the commencement of a foreclosure proceeding or of the commencement of any other action to which Lander may avail itself as a remedy, except to t1he extent required by applicable law or by written agreement. Trustes. Trustee shall meet all qualifications required for Trustee under applicable law. In addition 10 ft 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 sale. and Lander shall have the right to foreclose by judicial foreclosure, in eitheir case in accordance with and to the full extent Provided by applicable law. Successor Trustee, Lender, at Landeell option, may from time to time appoint a successor Trustee to any Trustee appointed hereunder by an instrument emwArted and acknowledged by Lender and recorded as required by applicable law. The insrument shan contain, in addition to an other matters required try state law, ft names of this original Lender, Trustee, and Grantor, the book and pap 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 Lander or its successors in interest The Successor trustee, witithout conveyance of the Prop". shall succeed to all the btle, power. and duties conferred upon thai Trustee in this Deed of Trust and by applicable law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 23. NOTICES TO GRANTOR AM OTHEIR PARTIES Any notice under this Deed of Trust shall be in writing and shall be affect" when actually delivered or. it mailed. shall be deemed effective when deposited in Me United States mail first class, registered maul, postage prepaid, directed to the addresses shown now the beginning of this Deed of Trust. Any pany may change its address for notices unclar this Deed of Trust try giving formal written notica to t1he other parbas. Specifying that ft purpose of the notice is to change the party's address. All copies of notices of foreclosure from the hokler of any Don which has priority over this Deed of Trust shall be sent to Lendees address, as shown now the beginning of this Dead of Trust. For notice purposes, Grantor agrees to keep Lander and Trustee informed at all times of Grantor's current address. 24. ASSOCIATION Or UNIT OWNERS The idlowng provisions apply if the Real Property has been suburnined to unit ownership law or similar law for the establishment of condominiums or cooperative ownership of the Real Property: Power of Attorney. Grantor grants an irrevocable power of attorney to Lander to vote in its discretion on any matter that may come before the association of unit owners. Lander shelf have the right to exercise this power of attorney only after delauft by Grantor. however, Lender may decline to exercise this power as 4 sees fift. liviurance. The insurance as required above may be carried try the association of unit owners on Grantoes behalf. and the proceeds of Mich insurance may be paid to the association of unit owners for the purpose of repairing or reconsUucting the Property. If riot so used t7y the associailion, Such proceeds shall be paid to Lender. Ckimpliance wilh Flegidabona of AssoiciAlion. Grantor shall perform an of the obligations imposed on Grantor by the declaration submitting the Real Prop" to unit ownership. by the bylaws of ft association of unit owners. or by any rules or regulations thereunder. It Grantor's interest in the Real Property is a leasehold interest and such property has bow submitted to unit ownership, Grantor shall perform all of the obligations imposed on Grantor by the lease of the Real Property from its owner. REVOLVING CREDIT DEED OF TRUST (Page 5 of 6) 9803190588 M hqSCbJANEOuS PROVISIONS. The following miscellaneous Vovi3ions are a W 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 TRW shall be effective unless given in writing am Kned by ins party or parties sought to be CharQad or bound by the alteration or amendment. Apocable Law. This Deed of Trust shall be goverried by and construed in accordance with ft laws of the State of Washington. C,3p*m Headliniga. Caption headings in this Deed of Trust are for convenience pu only and are not to be used to interpret or defirse the provisions of this Deed of Trust. Gnenbes Copy of Docuirrients. Lendw agrees to provide GrantDr with a conformed copy of both the Home Equity Plan Credit Agreement and this Deed of Trust at the tim they are executed or within a reasonable time after this Deed of Trust is recorded. Merger. There shelf be no merger of the interest or estate created by this DOW of Taw with any other inwast or estate in ft Property at any Orris hold by or for the benefit of Lender in any capacity, without the written consent of Lender. Maple Parbm All obligations of Grantor under this Dead of Trust shall be joint and several, and all references to Grantor shall mew each and every Grantor. This means that each of the persons signing below is responsible for all obligations in this Deed of Trust. Severabirity. If a court of competent jurisdiction finds any provision of this Deed of Trust tD be invalid or unenforceable as to any person or circumstance. such finding shiall not render that provision invalid or uneriforceable as to any other persons or circumstances. If feasible, any such offending provisions shall be deemed to be modified jr, be within the limits of enforceability or validity; however if the offenifing provision cannot be so mod&W, it shall be stricken and all other Provisions of this Deed of Trust in all ot1her respects shall remain valid and enforceable. Supollmors anid Assigna, Subject to the limrtabons stated in this Deed of Trust on transfer of Grantees interest Ihis Deed of Trusi shall be binding upon and inure to the benefit of the parties. their successors and assigns. It ownership of Ina Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's succes"M with reference to this Deed of Trust and Me indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the indebtedness. T'em Is of ft Emenoa T'ime is of the essence in the performance of this Deed of Trust. Waivee mid Consents. Lender shall not be deemed to have waived any rights under this Dead of Trualt (or under the Related Documen1s) unless such waiver is in writing and signed by Lender. No delay or omission on this part of Lender in exercising arry right shall operate as a waiver of such right or any other right. A waiver by any party of a provision of this Deed of Trust shall not constitute a waiver of or prejudice the Wye right otherwise to demand evict compliance with that provision or any other provism No prior waiver by Lander, nor any course of dealing bet~ Lander and Grantor, shall constitute a waiver of any of Lariffees rights or any of Grantor's obligations as tD any future transactions. Whenever consent by Lender is required in this Deed of Trust the granting of such consent by Lander in any instance shall nut constitute continuing consent to subsequent instances where such consent is required. Waver of Hotnesised Exerription. Grantor hereby releases and warves all nghts and benefits of the horriestaW exemption laws of the State of Washington as to all indebtedness secured by this Dead of Trust EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS, GRANTOR. , .4f 46A9 hill. %k3iIU1RRAY -VLTSAN MCMURMY Signed, acknowledged and delivered in ft presence of MOM Witness INDIVIDUAL ACKNOWLEDGEMENT STATE OF WASHINMN COUNTY OF KING On this day before me, the undersigned Notary Public, personally appeared ALAN M. MCMURRAY and SUSAN MCMURRAY hAsband and wii1a Personalty known to me or proved to mis on the basis of satisfactory evidence to be the indirvidual(s) described in and who executed " Deed of Trust and aCknowledgiad that they signed the Deed of Trust as their free and voluntary ad and deed, for the uses arid purposes therein mentioned. Given unde . . ..and official seal this 16th day of MARG' 98 .. 0111 114, "� By d4 ' K' — =�&-A-A. Residing at LYNNWOOD .a �r a.. t'- . V — INIS&Lj i 9tat of- WASHINGTON_ My commission more, MAY 10, 1999 . .... QUEST FOR FULL RECONVEYANCE Trustee The undersignedis theilegalownerand holder of all indebtedness secured by this Deed �f Trust. You are hereby requested, uponpayment of all sums owing to you. to reconvey wtdxM warranty, to ft persons entitled! Owfelo, the right, tide and interest now held by you under the Dead of Trust Beneficiaty. BY - Its: REVOLVING CREDIT DEED OF TRUST (Page 6 of 6) 9803190588 X The legal description has been amended to read as follows: The east 155 feet of the west 205 feet of the south 70 feet of the north 637.47 feet of Lot 5, Block 5. ALIDERWOOD MANOR NO. 9, according to the plat thereof recorded in Volume 10 of Plats, Page 6 in Snohomish County, Washington; EXCEPT the east 5 feet thereof conveyed to The City of Edmonds under Recording Number 2266266; TOGETHER WITH the north 12.5 feet of the south 25 feet of the nortfi 662.47 feet of Lot 5, Block 5, Alderwood Manor No. 9; EXCEPT the east 25 feet thereof recorded as vacated by The City of Edmonds Ordinance No. 1646, recorded under Recording Number 2286319, which attached to said property by operation of law; TOGETHER WITH a porfion of Lot 5, Block 5, Alderwood Manor No. 9, according to the plat thereof recorded in Volume 10 of Plats, page 6, records of Snohomish County, State of Washington, described as follows; The west 50.00 feet of the south 67.50 feet of the north 637.47 feet of Lot 5 of said plat; TOGETHER WITH the north 12.50 feet of the west 50.00 feet of adjacent vacated street, per Ordinance #16�6, City of Edmonds. 7th. ST SW I .4 04 2 �4) 8 8 2 01 0110 1 02 04- O'S SM S.)NAMAIN ST) t 02 h) all 64- 01 W 09 > Cal —q- 05 05 0 a 04- a. (Z, 0 4Z� L-4— 4 1-1.Z I R -: t JZS 4 PX R,-(' 5 CO 4 209h S.W ADD NO 5 9 09 5 SP S- 12-91 /0 5 7 7 015 -1-79 SP S T 4 /0 (�5 7 r7-DD NO Lkj8--1 0 < Q) 0+ 7 co 05 4 -9 /0 04 rr 102 10 15 L YN RK Ul A rr A90 Z5 0 ro I A Az- If Y V x/ 4 SHEL L PA RK 2 07 24 19 DIV NO 1(6481) 12 0+ 25 30. 27 28 21 116, This sketch is for the purpose of showing the approximate general location of the premises without actual survey and Chicago Title assumes no liability In connection with the same. Water Service Drawing The City of Edmonds EASEMENT NO . ..................................... NEW CONSTRUCTION Ej REPAIRS LID NO . .................. . ASMT. NO . .................. MIT 1,10. OWNER....................................... .................................................. . ... CONTRACTOR .................................................................................... PER LEGAL DESCRIPTION: LOT. NO . .................................... . BL,0( , NO . ................................... JOB ADDRESS .... ;��CMQ ....... 0C .... .. PMN-00U1.11175 (REV. 1, 1178) .................... ........................... .......... ............................................. ............ ......................................... NAMEOF ADDITION ............... ....................... .................... .................................. .............. rm- kj u Approved: 2-6- 41f DATE............................................ By ....... . .... I I T#,)( ka.;r 00, -3-7SU -oo'p' -00-:� STREET FILE wo AIL'Alo W- m u *41--f ZZ11 $0 ..eem FL., W. COUNTER [AlvTl� roe"_, �x1ca-'riw(4 Caw— ,N) ouvr. "sbkr,Tl WA otxrw ".�6- j- M- vpo-%i -tiew 0 1-5 A45� OF t f600CE.L. 4b M 0 uw; PL y I __ et- re-Orwy LJWE — ffK& 4. tl 0' "-ftimr LAI be5l'4 f�_ 6J. Cp HT dK STREET FILE ,,2-0130 f,?/�kl 0 " I L4WF_ -If a IL - 4- too +100 loc? -_'HFtGHT 3 -1 =777, I .7t�T' ' - Z U 0-4 A4 04 CITY OF EDMONDS COMMUNITY SERVICES DEPARTMENTSTREET FILE RIGHT-OF-WAY CONSTRUCTION PERMIT A. 9 Owner: Washin!;Iton Natural Gas Co B. 9 Contractor: Iff 15 6 AV NE Mailing Address Bellevue, WA 98007 City State Zip Permit No. 89- 'Wo e) Issue Date 12 / 3ff/ 8 8 ,::2,/ Same Name Mailing Address City State Zip 447-0700 1;? State License Number Telephone Number o Address or Vicinity of Construction 2 0 9 3 0 8 8 P L W Type of Work to be Work in Connection With: Pavement Cut: 0 Y 0 N APPLICANT TO READ AND SIGN 0 Sub or Plat 0 Commercial 0 Single Family 0 City Projects 0 Multifamily Jk Utility -< INDEMNITY: Applicant understands and by his signature to this application, agrees to hold the City of Edmonds >, harmless from any injuries, damages, or claims of any.kind or description whatsoever, forseen or unforseen, that may be made against the City of Edmonds, or any of its departments or employees, including or not limited to the defense of any legal proceedings including defense costs, court costs, and attorney fees by reason of granting this permit. THE CONTRACTOR IS RESPONSIBLE FOR WORKMANSHIP AND MATERIALS FOR A PERIOD OF ONE —�Y-EAR-FOLLOWING�T-HE.-FiINAL�INSP-ECTION�ANi)ACCEP,,TANCE�OF�T-HE.-.WORK.:-�z,-�=�� 0 U Funds held from the Security De0osit (estimated restoration fee) will be held until the final street patch is completed W by City forces, at which time a debit lor' criedit will be processed for issuance to the applicant. go 0 • A 24 hour notice is required for inspection; Please call Public Works: 771-3202 • Work is to be inspected during progress and at completion. • Restoration to be in accordance with City Code. • Street to be kept clean at all times. • Traffic Control to be in accordance with City regulations. All street -cut ditches must be patched'with asphalt or City approved material prior to end of working day; no exceptions. Z 0 W U I understand the above and that this permit must be available at the job site for inspection purposes at all times. M*-%520, 0 Signature: Date: 12.119/ 8 R OwJe4&V This Perm"it Must Be Posted at the Job Site For Inspection Purposes Call DIAL -DIG Prior To Beginning Work ISSUED BY: Time Authorized: Void after— days. Special Conditions: Amendments: PERMIT FEE: Security Deposit: Receipt No.: — Fund I I I Fee: — Street Cut Dimensions: X y__ NO WORK TO BEGIN PRIOR TO PERMIT ISSUANCE Eng. Div. July 1985 FIELD INSPECTION NOTES Comments: Diagram: (Fund I I I - Route copy to Street Dept.) CONTRACTOR CALLED FOR INSPECTION 0 YES 0 NO Partial Work Inspection by P. W.: Work Disapproved. By: Date: FINAL APPROVAL BY: Date: Eng. Div. July 1985 'A F, f CPU AL, Arco 1—, 0— 'p a 0 261 s IL IL > -Cj tv OL 0 %; T4 Im 'Ifo' 4, 4' j� 'CITY OF�1D.MGMIDS" EW PERMIT WATER-:SEWER,-,DEP ARTA,E T �55 PE R M4 T. Call 1.76, 1.107, for' aide sewer iniipections, BEFORE��'coverifig.­ahy ';p6fti6n-,6f - the, 'cc'nst�uctlon� -7 Inspection wiff be provided'. Mtlilh -24: "hours, after request:` No -Sat., 'Sun., or holiday- inspections. Dk E S&,`LOCATION,',OF CONSTRUCTION_'.. 5 ,-' .......... ME .......... ............... ..................... ......... ......................................................... ...... Oct( Lut -'Alt&�,,iiood Mf`)_ho�` N6 Oar 61 ;P.ROP,ERTLY.-L�EGA,L.,DESCRILP,TION ......... ............................................. ...... . ........................................ ........................ .............. Z., ..................... ............. ........................... ...................... .................................................................................. ..................... ........ ......... 1-1 Ht. 011ie, S .............................................................. :-DANNER AND BUILDER ................................................... .......... ................................ ......... M ........ 0 ........... Pj '14 Lynno6d- 7560'0 c TanX1-_,CO3�-v,t!0- Sdattle. .,C0NTRACT,0R',&,N.AT*E­& ADDRESS:; ........... .............. ....................................................... ... ............. I ......................... 4 ........... 'PermissionAls grallited! 'ove a� side: sewer -;t6� the�- city.;.,sanitary' s f, mber 20 -iand,�or �c ............................................... I ...... 9� or re'p"afir onnection id' ewer, systeml,ln,accordance- With. City -of Edmonds ordinances' . ATTENTION IS.�CALLED� TO THEFbLLOW1Nd: NOTE No�.. I I —�Th owners�.o-i'& e proper V.may obtain a -permit -to construct sewer inside pr9peqy,lme. -A, licensed Side wSewer: Contractor:must..be, employed- to c6i;iiiruet. side sewer in stied area. Do not -cover -any portion. -of sewer before it has been inspected'. No.�_2—All, work performed in city'righ.t-,of-way.requires'an Invasion, of.,Pjght -of-Way Permit-obtalnable from the City, -Engineer' I s office. '�.TE No� 3—Obtain full "iniorm"atio- n tre- raing Ord inance. jf; 16:030'� s. whed y �t.-p it' ga and, Regulations .'governing si e,sewer ou_g er7n NOTt'No,',.4—Top -of -side.sewer must;have at least 30 inches. I coveragel�at properiy-jine -and�_12.in . ches�inslde property -Iiiie;.minimun�-Igiad-C�of'2�/. - No '.bends.:iiig�ade, sharper tham 'A,.will be permitted. -NOTE No. :5�'Trenches -in 'street must 'be Water settled and surface�,6f street restored 'to original conditiom'��Contractors: shall 'Sible i6r::falj_ur'e�-_-dVe_ to -Improper, :be:.�respon woik which�'may,develop� within one- year of d6inpletiom.:_ NOTR.N6'�15—It Is,.unlawful.;t 1 0 �alteror do any other work Ahan. is- h- �any' �.ppurtenan( _:provided�jor , in. t e;,permit,or:,to, o. on tthe.,main,,seyw,.or;,its: es:-ekeeprito jn_' -isert Ilie;p1pe'Into-the -wye: .. . .............. ......... L. 'Date.:.. "IN E]' Date- ........... By ............ ............. iy APP J ....... ..... ....... ...... ..................................... .RO,V ED - ZC .......... ........... I ....................... ...... ......................... ...... ........ ................ .... . ...... ..................... ........... ............ ............................. ... ........ ............ ------------------- ----------- ............................................................... ........... ............. ............................. .......... ............ 'Per W r-of �Firmt',Performing' Coiistruttion..PRIORt'T' �Req 6�k--F onlIls P_ e- - c ion-.1— BOTH mit Cople�S'MUST Be Sigrfed,,By:,0 ne certify. that the,Aide' gewer,installatioh,-coxis bleted, und er6by -,(Owiie�'of co ntracting. Firm, PerfGrming Constractiun) n ordihan6&r.46kthe� Cit " 'ofEdhionds. was-InStall'od i 'A -cor III q. )*,Wtit4,�all.gover ing y,:, day. 19, Jj .......... .. at6d of... h r V v _7 . 4-­ Jr.-_1 The City of Ednionds APPLICATION for n SIDE SEWER PERMIT NEW CONSTRUCTION REPAIRS H & H Homes OWNER.................... .............. ........ ADDRESS �0930-88th Place West .................................................................... - ................................. EASEMENT No . .................. CONTRACTOR ...... 7 ...................... PERMIT N ----------------- LEGAL DESCRIPTION: LOT No. BLOCK No. .. ............................ NAME OF ADDITION . ......... See Attached ...................................... ............ Approved: 7 DATE .......... .. ........... ------------- ", -(:�Z'7-- �' The City of Edmonds APPLICATION for SIDE SEWER PERMIT NEW CONSTRUCTION REPAIRS EASEMENT No . .......................................... ....... PERMIT N1,142- OVVNER ............... .............. CONT RACTOR ...... -BLOCK No.. No. ADDRESS----.-: ..................... ............. :.:: ....................... ... ...................... --- LEGA-L DESCRIPTION: LOT F., NAME OF ADDITION .. . ..... ..................... ............. I ................. ............................................................. ............ Approved: DATE........ _ ..................................... By ........................................................... _ CA FILE NO. Critical Areas Checklist --------------- -- -------------------------------- Site Information (soil s/top o graphy/hydro I o gy/v e getati on) I . Site Address/Location: _7ED 2. Property Tax Account Number: R 3. Approximate Site Size (acres or square feet): MAR 0 11999 4. Is this site currently developed? yes: — no. PEBMIT COUNTER If yes; how is site developed? . ..... 5. Describe the general site topography. Check all that apply, Flat: less than 5-feet elevation change over entire site. Rolling: slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal distance of 66-feet). Hilly: slopes present on'site of more than 15% and less than 30% ( a vertical rise of I 0-feet over a horizontal distance of 33 to 66-feet), Steep: grades of greater than 30% present on site (a vertical rise of I 0-feet over a horizontal distance of less than 33-feet). Other (please describe): 6. Site contains areas of year-round standing water: 'A Approx. Depth: 7. Site contains areas of seasonal standing water: Approx. Depth: What season(s) of the ydar? 8. Site is in the floodway floodplain— of a water course. 9. Site contains a creek or an area where water flows across the grounds surface? Flows are year- round? /11 Flows are seasonal? (What time of year? J 10. Site is primarily: forested meadow shrubs mixed urban landscaped (lawn,shrubs etc) 11. Obvious wetland is present on site: -------------------- -- 77-77777Tor City Staff'Use bnlr*'����-'-��'-�r�---��:-:..'- Ske I I 26� d� is e SCSrnappedsoittype(s)? C n. jhventory:or A::tnap indicates wetizind prese' nt on site. Critical ATeas- inventory or C.A,.m.ap indicates Critical Area on sit :,5,; Sitew:.'itfii Ja.de's.ignatc.d. art',':su sidedoe1an slid*e.ha�ard.d rea ronmen 8ftd.&�' 11 d:0 :ihe Emi tally 8ellsitivek' M ig ate n. ea, 's ^CA_Chk,d0c; Rev 10/03/97 City of Edmonds F CRITICAL AREAS CHECKLIST The Critical Areas Checklist contained on this form is to be filled out by any person preparing a Development Permit Application for the ',City of Edmonds prior to his/her submittal of a development permit to the City. The purpose of the, Checklist is to enable City staff to determine whether any potential Critical Areas are, 'or may be,.. present on the subject property. The information needed to complete the Checklist should be easily available from observations of the site or data- available at City Hall (Critical Areas inventories, maps, or soil surveys). An applicant, or his/her representative, must fill out the checklist, sign and date it, and submit it to the City. The City will review the checklist, make a p I recursory site visit, and make a determination of the subsequent steps necessary to complete a devel opment permit application. Please submit a vicinity map along with the signed copy of this form to assist City staff in finding and locating the specific piece of property described on this form. In addition, the "applicant shall include other pertinent infor m-ation (e.g., site plan, topography map, etc.) or studies in conjunction with this Checklist to assist staff in completing their preliminary assessment of the site I have completed the attached Critical Areas Checklist and attest that the answers provided are factual, to the best of my knowledge (fill out the appropriate column below). Owner/Applicant: Applicant Representative: ? Name Name A-1 7 Street Address city State Zip Telephone J 11 L L 4�-� A Signature Date Street Address city State Zip Telephone Signature Date c:recepdWjana\cac1.doc (over) �1 0 C. 18913 March 15, 1999 Alan & Susan McMurray 2093088 th -Place West Edmonds, WA 98026 CITY OF EDMONDS 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - (425) 771-0220 - FAX (425) 771-0221 DEVELOPMENT SERVICES DEPARTMENT Planning - Building - Engineering Subject: Determination regarding Critical Areas Checklist # 99-45 BARBARA FAHEY MAYOR Dear Applicant: Enclosed please find a copy of the Critical Areas Checklist you submitted. The "DETERMINATION" reached by the City is located on the reverse side of the form (bottom of page). It is very important for you to retain a copy of this Critical Areas Checklist "DETERMINATION" for your records. IMPORTANT INFORMATION TO BE NOTED: PLEASE EXAMINE THIS" DETERMINATION" FOR ADDITIONAL REQUIREMENTS. YOU MAYNEED TO SUBMIT ADDITIONAL INFORMATION SUCH AS AN ENVIRONMENTAL CHECKLIS ORr_RLUC_A"REAS STUDY, The 'DETERMINATION' for the Critical Areas Checklist you submitted is a site -specific determination not a project -specific determination. woo. You must submit a copy of the CRITICAL AREAS CHECKLIST and DETERMINATION WITH ALL PERMIT APPLICATIONS or YOUR APPLICATION WILL NOT BE PROCESSED. Permit applications include the following: Building Permits Conditional Use Permits Subdivisions Variances Applications to the ADB* Land Use Applications Any other development permit applications. Enc: Critical Areas Determination Architectural Design Board Thank you. Sharla Graham Planning Secretary C:ReceptionUana\CRLTR.doc Incorporated August 11, 1890 Sister City - Hekinan, Japan N 89*32'37' W LOT 6 MA IN S T. SEE CITY OF EDMONDS SHORT PLAT S-12-91 r DAVE AND GRETCHEN WHITNEY 20915 HILLCREST PL. BEVERLY AND STEVEN T. FRANKLIN 21011 HILLCREST PL. DONALD AND CATHY ANDERSON 21100 HILLCREST PL. W U z 6j Dt _j LU z _j Ld 89* Li U z LAJ L� Li z M _j U U __ 3 roo "0 �_N C:) q 0 . . < NZ LOT I C3 z �' �,, 1 41 r n k i r, REA=8,03'C'�iSQ,17T. 200.01 LOT 5 MARK L. WHITTEN 20928 88TH. PL. WEST EDMONDS, WA 98026 N,E, CORNER OF LOT 5, BLK, 5 25 Z�Ivl SMH Li �0 < _j CD C3 < CD in Lo r-: Ln uj CU al (u C:) W — LLJ 1:3 (j ON CL z _j q < cj� U ;0 f . r� 0% CU V "T `4* Cj (1:1 RIM 404.68 I'D �10 INV. 401.8 (12, �D �,C W — =am. C 119,00 ARE =8,342±SQ,FT. PATIO.'F, 4 4 7�41 POOL C, P in 4 SOUTH LINE OF 4 ` NORTH_63�7,47 FT, OF LOT 5, A.M. #51, 119. V-Aq�T -STREET (OR D. NO, &h1A-- k SUBJECT- TO- -RESER� -X-X-XF-X-X- I 0j -6,//; 6/f , 9 I MICHAEL AND SANDRA WILDER 21070 88TH. PL. WEST SEE R.O.S, 9102255001 )*32'37' W .a- &F.R. #20930 1-9 LO NOTE, CUT DECK TOI 7.5 FT, NORTH OF I SOUTH DEED LINE. JACQUELINE PARRETT 21080 88TH. PL. WEST CB I 30 0 30 .60 90 Scalei 1' = 30' MERIDIAN, PLAT (NORTH) 88TH. PL, W. LEGENDi DENOTES A 24' x 112' IRON BAR SET WITH A CAP #9567, DENOTES A TACK IN COLLAR IN LEAD SET.* DENOTES A CONIFEROUS TREE. CB DENOTES A CATCH BASIN. FH DENOTES A FIRE HYDRANT, GV DENOTES A GAS VALVE, WM DENOTES A WATER METER. WV DENOTES A WATER VALVE. SMH DENOTES A SANITARY SEWER MANHOLE, 209TH. PL. W. EQUIPMENT AND PROCEDURE1 ACCURACY MEETS WAC 332-130-090. 05' TOTAL STATION USED FOR A TRAVERSE, MONUMENTS SHOWN VISITED 5 MAY 1999, 409.21 406,2 (12') 4 . . . < 0.8, ,ONE FENCE 1�� 1. .. Z < . 0- r1j GAS — M- _j 0> ONC A PRIV 'CO 'E-4 cz) CQ 0 V U') Ln jWV1 AS GAS ID M. Q� ly in j::3 'CONC. C� WO . > 411 co 'DRIVE < WL CB CD in 01 25. 00.. UNDERGROUND _j _j ...... ...... U T CUT SMH RIM 412.16 +.0 INV. 399,01 I -Lg +VERTICAL DATUM, CITY OF EDMONDS. INVERT OF SANITARY MANHOLE #103 TAKEN FROM CITY OF EDMONDS SEWER PLANS FOR 88TH. PL, W. INVERT EL, 399.01 RIM EL, 412.16 LEGAL DESCRIPTION, THE EAST 155 FEET OF THE WEST 205 FEET OF THE SOUTH 70 FEET OF THE NORTH 637.47 FEET OF LOT 5, BLOCK 5, ALDERWOOD MANOR NO, 9, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 10 OF -PLATS, PAGE G,-4;W_QORD_` -OF SNOHOMISH COUNTY, WASHINGTON) EXCEPT THE EAST 5 FEET THEREOF AS CONVEYED TO THE CITY OF EDMONDS UNDER AUDITOR'S FILE NO, 22662661 TOGETHER WITH THE NORTH 12.5 FEET OF THE SOUTH 25 FEET OF THE NORTH 662.47 FEET OF LOT 5, BLOCK 5, ALDERWOOD MANOR NO, 91 EXCEPT THE EAST 25 FEET THEREOF RECORDED AS VACATED BY THE CITY OF EDMONDS ORDINANCE NO. 1646 RECORDED UNDER AUDITOR'S FILE NUMBER 2286319, WHICH ATTACHED TO SAID PROPERTY BY OPERATION OF LAW: TOGETHER WITH THE WEST 50 FEET OF SOUTH 67.50 FEET OF THE NORTH 637.47 FEET OF LOT 5 OF SAID PLATj TOGETHER WITH THE NORTH 12.50 FEET OF THE WEST 50,00 FEET OF ADJACENT VACATED STREET, PER ORDINANCE #1646, CITY OF EDMONDS, SUBJECT TO EASEMENTS AND RESERVATIONS OF RECORD. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON, NOTESj OWNER / AGENT W C7) U10 C "> >2 TAX ACCOUNT NUMBER 3736-005-005-1007 20930 88TH, PL. W. I=" W C" Uj TOTAL AREA = 16,374±SQ.FT, EDMONDS, WA, 98026 W W@ TEL. 425-778-5594 U tW wo MODIFICATION REQUES W REQUEST A 2.5 FT. MODIFICATION TO LOT.�l FOR LOT WIDTH FROM 70 FT. TO 67.5 FT �j," I 1__� FH IN THE S,W, 1/4, S.W. 1/4, SEC. 19, T-27-N, R-4-E, WX _,'klffi;X,PIRES1014a,��O MU Z�� 1 _j > IN THE CITY OF EDMONDS, SNOHOMISH COUNTY, WASHINGTON I 1­1 RECORDER ) S CERTIFICATE ............... SURVEYOR ) S CERTIFICATE Surveys * Topography * Sanitation * Short Plats * Formal Plats TWO LOT SHORT PLAT FOP, filed for record this .......... day of ......... 19 ...... at ...... M This map correctly represents a survey made by me CHENOWETH SUSAN ANDALAN McMURRAY in l000k ...... of ........ at page ...... at the request of or under my direction in conformance with the ASSOCIATES, INC., P.S. ALBERT W. CHENOWETH requirements of the Survey Recording Act at the ........... request of �YgAN McMURRAY ............... in ff�!� ..... 19.2?. Professional Land Surveyors D WN. B Y: DATE: JOB NO. LS 99033 18130 Midvale Ave. N., STE. A PAUL J. PISINGER 10 MAY 1999. F.B. 166 P.65 MGR. SU P T. OF RE CORDS ....... CERTIFICATE NUMBER .... 95.67 .......... Seattle Wo. 98133 (206)-542-2188 * (425)-672-8333 CHKD. BY: SCALE: SHEET FAX )x (425)-672-8333 A.W. CHENOWETH 1 1" = 30' 1 OF 1 I t STREET FILE CITY OF EDMONDS USE ZONE SL5 PERMIT NUMBER TION CONSTRUCTION PERMIT APPLICATION JOB ADDRESS, 0 OTE/APT # O;W�NR NAME/NAME OF BUSINESS cr , 1AA,1 LEGAL DESCRIPTION CHECK SUBDIVIISION NO, LID NO. M ADDRESS �ING o 73 0 PJ 7�,Al Lu z 3: 0 PUBLIC RIGHT OF WAY PER OFFICIAL STREET MAP. TESCP AW EXISTING —REQUIRED DEDICATION Street Inspection PROPOSED Sidewalk Approved 0 Permit Required 0 Use Permit Req'd 11 Required Required CITY ZIP '0 O,Z 3"�EPHONE NUMBER S5 NAME R MARKS a: LU KA46-6F Akj;V aV77-&XS A�)12V�Lr_,C w ADDRESS 177 0q V / 3 6 /_ X -r z Lu CITY / ZI 0 - TELAPHONE NUM13ER SY3 -114.f NAUE — .491 ENGINEERING MEMO DATED REVIEW BY ADDRESS METER SIZE 7 BUILDING SUPPLY SIZE 7 0. OF FIXTURES a: W 0 U < CITY rIFV TELEPHONE NUMBER z 0 U 1�z /, 1 REMARKS . STATE LICENSE NUMBER SIGN AREA SEPA REVIEW ADS NO. ALLOWED PROPOSED COMPLETE EXEMPT EXP Legal Description of Property - include all easements -7 SHORELINE# W VARIANCE OR CU -xe - PLANWING REVIEW BY DATE Lu _j ui SETBACKS — FEET FRONT SIDE REAR HEIGHT. LOT COVE E z z Tax Account Parcel No. 3 73 6 dros'_ 005--w REMARKS NEW VRESIDENTIAL PLUMBING ADDIALTER 'C"OMMERCIAL EJ MECHANICAL REPAIR APT. BLDG. SIGN CHECKED BY TYPE OF CONST:�ION __Vl_ I CODE ? HEIGHT � I GRADING FENCE x DEMOLISH CYOS. FT) CARPORT swim IVREMODEL 0 GARAGE POOL WOOD STOVE I RETAINING WALL/ F-1 INSERT It ROCKERY RENEWAL SPECIAL.IbVZCTOR REQUIRED '7\ YES EA ]OCCUPANCY GROUP OCCUPANT LOAD _7 REMARKS (TYPE OF USE. BUSINESS OR ACTIVITY) EXPLAIN: CL 5-4— X U u LO NUMBER OF.STORIES NU BER OF U' M DWELLING W &YIE 0 UNI S DESCRIBE WORK TO BE DONE (ATTACH PLOT PLAN) k/ 4,aalrf o_,N) 7-a ex / j-7' ck No. �Z. 7 6 This Permit covers work to be done on private property ONL Any construction on the public domain (curbs, sidewqlks, driveways, marquees, etc.) will require. separate permission. I . _­,­,� Permit Application: 180 Days Permit Limit: 1 Year - Provided Work Is Started Within 180 Days "Applicant, on behalf of his or her spouse;, heirer assigns and successors in interest, agrees to indqr�.nlf,�', defend and hold harmless the City of Edmonds, Yftshington, its officials, m employees, and agents from any and all claims for damages of a: whatever nature, arising directly or indirectly from the issuance of this permit. Issuance of this permit shall not be deemed to 0 modify, waive or reduce any requirement of any city ordinance z nor limit in any way the City's ability to enforce any ordinance provision." I hereby acknowledge that I have read this application; that the information giv"-porrect; and that I ar e owner, or the duly Vi6t tV authorized aq2aLof the owner. I a t 51 y with city and ?Oing state laws regulating construction; and It the work authoriz- ed thereby, no person will be employed in violation of the Labor Code of the State of Washington relating to Workmen's Compensa- tiQn Insurance. SIGNATURE WNER OR AGENT) DATE SIGNED PROGRESS INSPECTIONS PER UBC 305 co FINAL INSPECTION REQUIRED VALUATION FEE PLAN CHECK FEE .BUILDING /ya 0 PLUMBING MECHANICAL GRADING/FILL STATE SURCHARGE ,e 71-SO STORM DRAINAGE FEE ENG. INSPECTION FEE PLAN CHECK DEPOSIT pod, -�J,5% au TOTAL AMOUNT DUE &5`7 ATTENTION APPLICATION APPROVAL THIS PERMIT AUTHORIZES T his application is not a permit until ONLY THE . signed by the Building Official or his/her WORK NOTED Deputy; and fees are paid, and receipt is I NSPECTION acknowledged in space provided. DEPARTMENT CITY OF EDMONDS OFFICIAL*S SIGNATURE DA j 7E CALL FOR LEAS Y* ATTENTION INSPECTION A IT IS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE UNTIL A FINAL INSPECTION HAS BEEN MADE AND APPROVAL OR 771-3202 11-c—'r"'I'L. —File YELLOW_ Inspector A CERTIFICATE OF OCCUPANCY HAS BEEN GRANTED. UBC ,CHAPTER 3. PINK — Owner GOLD — Assessor 102-87 ORDINANCE NO. 1646 AN ORDINANCE VACATING A PORTION OF AN UNNAMED STREET OFF OF 88th PLACE WEST IN THE CITY OF EDMONDS, WASHINGTON, RETAINING AN EASEMENT AND RESERVING TO THE CITY OF EDMONDS THE RIGHT TO EXERCISE AND GRANT EASEMENTS THEREON FOR PUBLIC UTILITIES ANLD,SERVICES. WHEREAS, a petition to vacate a street was filed with the City Council of the City of Edmonds, Washington signed by the owners of more than two-thirds of the property abutting upon the property dedicated for street purposes, being a portion of an unnamed street off of 88th Place West, more particularly described below, and WHEREAS, the City Clerk having returned a certificate of sufficiency of said petition, and WHEREAS, the City Council of the City of Edmonds did by Resolution No. 270 of said City duly adopted on the 6th day of February, 1973, set the 6th day of.March, 1973, at the hour of 7:30 p.m. of said day, for the hearing and determination on said vacation, and WHEREAS, it appears to the City Council that said portion of an unnamed street off of 88th Place West should be vacated, and the said City Council does hereby determine to vacate the same, as hereinafter set forth, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: The following described portion of an unnamed street off of 88th Place West in the City of Edmonds, Snohomish County, Washington, legally described as follows: kl. 13-33 The South 25 feet of the North 662.47 feet of Lot 5, Block 5, Alderwood Manor No. 9; EXCEPT the East 25 feet thereof, per plat recorded in Volume 10 of Plats, Page 6, records of Snohomish County, Washington, be and the same is hereby vacated, Provided, that the City of Edmonds does hereby retain an easement and reserves the right to exercise and grant easements in respect to said vacated land for the construction, repair and maintenance of public utilities and services. APPROVED: a FTAV4 W ATTEST: FRE 4 PASSED BY THE CITY COUNCIL: March 6, 1973 FILED BY THE CITY CLERK: March 6, 1973 PUBLISHED: March 14, 1973 N < 7� 0 0 70 C) 0 J-d z tp CD LA 0 Ap 8 01 EXHIBIT A tj -e:T �-1 ZZ 11 - to, zz fT1 P7 P, 1�1- (Cl 03 N LA 0 a CITY CLERK CIVIC CENTER I.COMONDS. WA 98020 0) W 0 8 TH P L A C E E: S T- AU'1'140RIZED CITY OF EDMONDS FOR P. W. DEPT. ENGINEERING DIV. EXAMINED BY '6�—DATE la-lf—j'r REMARKS e/ Z3- 0 f 2 801.74. JOB T -I Engineers Surveyors Plan, 0 8 1 DATE I R - Z-s - 3) R I QWN. [BY 1 3E 19 2-7 K). � 176C- - 4- E - � V�,) . PV1— I Y) P", i1:1. N)iF— (Z )")—r KK41, . CASCADE SURVEYING Al ENGINEERING, W4, ':SUSAI\j% VOL. 2 2 0 9 PuE 8 � A A I I HnTt)II City of Edmonds Permit No: 01 —1 1 (0 G RIGHT—OF—WAY CONSTRUCTION PERMIT , issue Date:LIZO . () 1 A. Address or Vicinity of Constructio B.- Type of Work (be specific): C. Contractor-�ftww ailing Address: State License #: 0) I?q-m 10 14 R(, CAJ ' * V_ _So T1W — C( Insurance:— Bond: $ D. Building Permit # (if applicable): Side Sewer Permit # (if applicable): E. Commercial Subdivision E] City Project [-] EUC (PUD, GTE, PSE, CHAMBERS, OVWD) Multi -Family Single Family Other INSPECTOR- F. PAVEMENT: YES NO G. SIZE OF CUT x H. Charge: $ CONCRETE CUT: YES F1 NO APPLICANT TO READ AND SIGN IDEMNITY. Applicant understands by his/her signature to this application helshe holds the City of Edmonds harmlessfrom injuries, damages or claims of any kind or description whatsoever, foreseen or unforeseen, that may be made against the City of Edmonds or any of its departments or employees, including. but not limited to the defense of any ldgal-proceedings including defense costs and attorneyfees by reason ofgranting this permit. THE CONTRACTOR IS RESPONSIBLE FOR WORKMANSHIP AND MATERIALS FOR A PERIOD OF ONE YEAR FOLLOWING THE FINAL INSPECTION.AND ACCEPTANCE OFTHE WORK. ESTIMATED RESTORATION FEES WILL BE HELD UNTIL THE FINAL STREET PATCH IS COMPLETED BY CITY FORCES, ATWHICHTIMEA DEBITOR CREDIT WILL BEPROCESSEDFOR ISSUANCE TO THEAPPLICANT. Traffic control and public safety shall be in accordance with.City regulations as required by the City Engineer. Every flagger must be trained as required by (WAC) 296-155-305 and must have certification verifying completion of the required training in their possession. Restoration is to be in accordance with City codes. All street -cut trench work shall be patched with asphalt or City - approved material prior to the end of the workday — NO EXCEPTIONS. Three sets of construction drawings of proposed work are required with the permit application. IRAVEREAD THE ABOVE STATEMENTS AND UNDERSTAND THE PERMITREQUIREMENT'v AND ACKNOWLEDGE THATIMUSTMAKE THEPINKCOPYOF THE PERMIT AVAILABLE ONSITEATALL TIMES FOR INSPECTIONS 1Z, Signature: Date: If'Antrnerar 4'_AaPnA J CALL DIAL -A -DIG (1-800-424-5555) PRIOR TO BEGINNING WORIC FOR CITY USE ONLY Approved by: Right-of-way Fee:,-71) "-15�Lole'44 Time Authorized: Void After Disruption Fee/Fund. 111: Sg'ecial Conditions: Restoration Fee: b6l�)* PJdX6"q TotalFee: 4-1 &u, )fo? eld !'SAJ AW Receipt No: Issued by: UPON COMPLETION OF PERMITTED WORK, AN ENGINEERING FINAL INSPECTION IS REQUIRED PER CHAPTER 18.00 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE. FINAL APPROVAL OF PERMITTED WORK. INSPECTOR'S SIGNATURE DATE: For inspection requirements see Engineering Information Handout. A NO WORK SI-IALI. BEGIN PRIOR TO PERNIIIT ISSUANCE