22203 96TH AVE W.PDFiiiiiiii lill
9450
22203 96TH AVE W
IVFidelity National Title Company of Washington
Underwritten by Fidelity National Title insurance Company
3500 188th Street SW #300
Lynnwood, WashingLon 98037
(425) 771-3031 / 527-1432 Fax No. (425) 224-0837
Direct Line (425) 640-3508 / 64013505
Toll Free: 1-800-776-3021
SHORT PLAT CERTMCATE
TO: HOWLAND HOMES, L.L.C.
19237 AURORA AVE NORTH
SHORELINE, WA 98133-3930
Attention MATT HOWLAND
Your Number
Reference Name: HOWLAND HOMES
OUR NUMBER 0275303
- Short Plat Certificate
CERTIFICATE FOR FILING PROPOSED SHORT PLAT
Dear Sirs:
Premium : $ 250.00
Sales Tax: $ 21.50
In the matter of the above described Short Plat submitted for your approval, this
Company has examined the records of the County Auditor and County Clerk of Snohomish
Coufity, Washington, and from such examination hereby certifies that:
TITLE TO the following described land is vested in:
GERALD FRENCH and JERRILYN FRENCH, husband and wife
THE LAND is situate in said Snohomish County, and is described as follows:
(See Attached - Page Two)
Fidelity National Title Company of Washington
Short Plat Certificate, Page 2
Our Number 0275303
LEGAL DESCREPTION
Lot 24, Block 1, PINE ACRES according to the Plat thereof recorded in
Volume 13 of Plats, Page 63, records of Snohomish County, Washington.
Situate in the County of Snohomish, State of Washington.
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated legal
description is not a substitute for a complete legal description within
the body of the document.
- Lot 24, Block 1, PINE ACRES
SUBJECT TO the exceptions shown herein. No search has been made as to the taxes and
assessments.
THIS CERTIFICATE shall have no force or effect except as a basis for the Certificate
applied for.
Records examined to July 30, 2001 at 8:00 A.M.
FIDELITY NATIONAL TITLE COMP OF WASHINGTON
By:
Offi rjVi
Bill Fisher, Sr. Ti;1le Officer ce resident
0
is
Fidelity National Title Company of Washington
Short Plat Certificate, Page 3
Our Number 0275303
EXCEPrIONS
1. GENERAL TAXES PAYABLE AFTER FEBRUARY 15TH:
TO MAY 1ST; THE SECOND HALF TAXES ARE DUE
Year: 2001
Amount Billed: $2,095.23
Amount Paid: $1,047.62
Amount Due: $1,047.61
Tax Account No.: 00544200102400
Levy Code: 0216
value of Land: $91,000.00
value of Improvements: $73,200.00
THE FIRST HALF TAXES ARE DUE PRIOR
PRIOR TO NOVEMBER IST:
To expedite payment of your taxes, you may mail the payment direct to:
Snohomish County Treasurer
3000 Rockefeller, M/S 501
Everett, WA 98201-4056
2. DEED OF TRUST
THEREOF:
Grantor:
AND ADDITIONAL ADVANCES, IF ANY, AND THE TERMS AND CONDITIONS
Trustee:
Beneficiary:
original Amount:
Dated:
Recorded:
Recording No.:
Gerald W. French and Jerrilyn D. French, husband and
wife
Pacific Northwest Title
Washington Mutual Bank
$51,500.00, plus interest
November 9, 1998
November 17, 1998
9811170154
3. SIDE SEWER EASEMENT AND CONDITIONS CONTAINED THEREIN:
Recorded: August 13, 1968
- Recording No.: 2047560
Width: 6 feet
Affects: An undisclosed portion of said premises along the line
as constructed
Said easement contains a provision for bearing a proportionate or equal cost of
maintenance, repair or reconstruction of said easement by the common users.
4. RESERVATIONS AND/OR EXCEPTIONS CONTAINED IN INSTRUMENT:
From: Snohomish County Treasurer
Recorded: October 8, 1945
Recording No.: 793011
As Follows: The party of the first part hereby expressly saves,
excepts, and reserves out of the grant hereby made unto itself, its successors,
and assigns, forever, all oils, gases, coals, ores, minerals and fossils of
every name, kind, or description and which may be in or upon said lands above
described, or any part thereof, and the right to explore the same for such oil,
gases, coal, ores, minerals and fossils.
0
Fidelity National Title Company of Washington
Short Plat Certificate, Page 4
Our Number 0275303
And it also hereby expressly saves and reserves out of the grant hereby made,
unto itself, its successors and assigns, forever, the right to enter by itself,
its agents, attorneys and servants, upon said lands, or any part or parts
thereof, at any and all times, for the purpose of opening, developing and
working mines thereon, and taking out and removing therefrom all such oils,
gases, coals, ores, minerals and fossils, and to that end it further expressly
reserves out of the grant hereby made, unto itself, its successors and assigns,
forever, the right by it or its agents, servants and attorneys at any and all
times to erect, construct, maintain and use all such buildings, machinery,
roads and railroads, sink such shafts, remove such oil, and to remain on said
lands or any part thereof, for the business of mining and to occupy as much of.
said lands as may be necessary or convenient for the successful prosecution of
such mining business, hereby expressly reserving to itself, its successors and
assigns, as aforesaid, generally, all rights and powers in, to and over said
land, whether herein expressed or not, reasonably necessary or convenient to
render beneficial and efficient the complete enjoyment of the property and the
rights hereby expressly reserved. No rights shall be exercised under the
foregoing reservation, by the County, its successors or assigns, until
provision has been made by the County, its successors or assigns, to pay to the
owner of the land upon which the rights herein reserved to the County, its
successors or assigns, are sought to be exercised, full payment for all damages
sustained by said owner, by reason of entering upon said land; provided that
if said owner from any cause whatever refuses or neglects to settle said
damages, then the County, its successors or assigns, or any applicant for a
lease or contract from the County for the purpose of prospecting for or mining
valuable minerals, or operation contract, or lease, for mining coal, or lease
for extracting petroleum or natural gas, shall have the right to institute such
legal proceedings in the Superior court of the county wherein the land is
situated, as may be necessary to determine the damages which said owner of said
land may suffer.
5. Right of the public to make necessary slopes for cuts or fills upon said
premises in the reasonable original grading of streets, avenues, alleys and
roads,.as dedicated in the Plat.
END OF EXCEPTIONS
THANK YOU FOR YOUR ORDER
IF WE MAY BE OF FURTHER ASSISTANCE, PLEASE GIVE US A CALL
Fidelity National Title Company of Washington
-30 3
ORDER NUMBER
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This sketch is provided as a courtesy only by Fidelity National Title Company Of Washington,
without charge, for your information. It is not intended to be a Plat of Survey to show all
matters relating to the property (including, but not limited to, area, dimens ions,
easements, encroachments or location of boundaries). It is not a part of, nor does it
modify, the Title Commitment or Policy to which it is attached. The Company assumes NO
LIABILITY for the correctness of any matter related to this sketch. Reference should be
made to an accurate survey for further information.
Fidelity National Title Company of Washington
ORDER NUMBER,,)--7-') 3 3
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This sketch is provided as a courtesy only by Fidclity National Title Company of Washington,
without charge, for your information. It is not intended to be a Plat of Survey to show all
matters relating to the property (including, but not limited to, area, dimensions,
easements. encroachments or location of boundaries). It is not a part of, nor does it
modify, the Title Commitment or Policy to which it is attached. The Company assumes NO
LIABILITY for the correctness of any matter related to this sketch. Reference should be
made to an accurate survey for further information.
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PAGE RECORDED
AEG, M
LAND TITLE Co.
Hed for Record at Request of 1 JUL 12 1969 AM 9:00
... .......... ...... ............. STANLEY DUBUQUE. AUDITOR
...........
�,O. Box 276 SNO"OXISH COUNU. wARL
. ........ . . .. . ............ . ............................. . ............
City and State Lynnwood, Washington 98036
..... .... ... . ............... ....... ....................
-------------------------------------------
Statutory Warranty Deed
Sit.
THE GRANT(iRS LEO F. FOM-ER'.nd GERALDINE FOSTER, husband and wife,
for and in om-ideraiio-n nf TEN ($10.00i DOLLARS - - -
in hand Paid. c--nvr"and warinnis vp GERALD F'RENCH and JERRILYN FRENCH, husband and wife,
the fidlnwinx d'..crilwd real r0ale.situated in the County 40f Snohomish
Ww%hinctlin: State of
0 Lot Twenty -Four (24), Block One (1), Pine Acres, according to the plat thereof
C\J recorded In Volume Thirtevn (13) of Plats, Page 63, records of the Auditor of
the County of Snohomlsh. State of Washington.
This deed is given subject to notice of easement for side sever 6 feet In width
over Lots 24 and 25, recorded August 13, 1968 and under Auditor's File No. 2047560.
This deed 13.given subject to right of the public to make nece's'sary slopes for
cuts or fills upon said premises In the reasonable original grading of streets,
2venues. alleys and roads, as dedicated In the plat,
bated this Ist
STATE OF WAVSHI%GTON.
County of SNOHOMISH
REAL ESTATr ',ALL-- T-4
pm
14 1-3-63
day of JUL y '1969
.4
# '"ASEAL)
. ............. .
......... .. .... (SEAL)
SR
personally arlwared hefore me LEO F. FOSTEIVand GERALDINE FOSTER, husband and
to me kifowo ti�- '. be the individual described in and who executed the within and foregoing instrument. and
zcknnwk-dXrA that'� they Atned the same as their free and vuluntary act and deed, for the
usn and purpwA4 iherrin mentioned.
GIVEN under my hand and official w.al this JOLLY 69
0 at,
1ary Publi nd I th Sw shingtow.
sidin I a I
OFFICIAL RECORDSVOI 333 pAcE 12
11/17/98 11:03
P-0006 Recorded
Snohomish County
V,q Washington Mutual Bank
LOAN SERVICING - VAULT
PO BOX 91006 - SAS0304
SEATTLE, WA 98111
Wishington Mutual DEED OF TRUST
Loan No- 01-0107-001856771-9
PACIFIC NORTHWEST TITLE Coip--�N--�SR69833642
'Security Instrument') is made on November 9, 1998 The
THIS DEED OF TRUST I
Grantor is GERALD W FRENCH and JERRILYN D FRENCH., HUSBAND AND WIFE
("Borrower"). The trustee is PACIFIC NORTHWEST TITtE COMPANY, a Washinqton
corporation (7rustee"). The ben -ficiarVis
Washinaton Mutual Bank which is organized and existing under the laws
Of Washinciton . and whose address is 1201 Third Avenue Seattle, WA 981ol
(*Lender"). Borrower owes Lender the principal sum Of F' ty-One
Thousand Five Hundred & 00/100
Dollars (U.S. $ 51, 500. 00 1. This debt is evidenced by Borrower's note dated the same date as this
Security Instrument Mote'), which provides for monthly payments, with the full debt, If not paid earlier, due
and payable on December 1 2013 . This Security Instrument secures to Lender: (a) the
repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications
of the Note; IN the payment of all other sums, with interest. advanced under paragraph 7 to protect the
secvrity-of. this Security Instrument: and (c) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee,
in trust, With power of sale, the following described property located in -Snnh om f F;h
County, Washington.
LOT 24, BLOCK 1, PINE ACRES, ACCORDING To THE PLAT THEREOF RECORDED IN
VOLUME 13 OF PLATS, PAGE 63 IN SNOHOMISH COUNTY, WASHINGTON. TAX ACCOUNT
NUMBER: 5442-001-024-OD05.
which has the address of 22203 96TH AVE w
EDMONDS Washington 98020 (*Property Address');
[City] [Zip Code]
WASHINGTON - Single Family - Fannie M&e/Freddie Mac UNIFORM INSTRUME74T Form 3048 9190 (page I of 6 paggs)
1529A J1 1-96)
01-0107-001856771-9
TOGETHER WITH all the improvements now or he-eafter 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 referred to in this Security Instrument as the "Propeny.*
BORROWER COVENANTS that Borrower is lawfully saised 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 tide 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 of Principal and Interest,, Prepayment and Late Charges. Borrower shall Promptly pay when due
the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note,
2. Funds for Taxes and Ingurance. Subject to applicable law or to a written waiver by Lender, Borrower shall
pay to Lerider on the day monthly payments are due under the Note, until the Note is paid in full, a sum J"Funds") for: (a)
yearly taxes and assessments which may attain priority over this Security Instrument as a lien an the Property; (b) yearly
leasehold payments or ground rents on the Property, if any*. (c) yearly hazard or property insurance premiums; (d) yearly
flood insurance premiums, if any, (a) yearly mortgage insurance premiums, if any-, and (f) any sums payable by Borrower
to Lender, if accordance with the provisions of paragraph 8. in lieu of the payment of mortgage insurance premiums.
These items are called "Escrow Items.' Lender may, at any time, 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 et s&q.
(*RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and
hold Funds In an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of
current date and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable
low.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or
entity (including Lendir, 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 provider,
otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay
Borrower any interest or earnings on the Funds. Borrower and Lender may agree 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 pormitted to be held by applicable law, Lender shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. It the amount of the 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 discredon.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender. prior to the
acquisition or sale of the Property, shall apply any Funds hold by Lender at the time of acquisition or sale as a credit
against the sums secured by this Security Instrument.
- 3. Application of Payments. Unless applicable law proAdes otherwise, all payments received by Lender under
paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable
under paragraph 2; third, to interest due; fourth, to principal due; and last, or any late charges due under the Note.
4. Charges; Liens. Borrower shall pay all texas, assessments. charges, fines and impositions attributable to the
Property which may attain priority over this Security Instrument, and loasehold payments of ground rents, if any.
Borrower shall pay these obligations in the manner provided in paragraph 2. or if not paid in that manner, Borrower shall
pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts
to be p&id under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender
receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over 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. If Lender determines that any part 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.
S. Hazard or Prop" Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against lose 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 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 coverage described above,
Washington
1529B 0 1-96) Page 2 of 6
a R I 117 o 15 4
01-0107-001856771-9
Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph
7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender 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 Lander. Lender may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otharwise agree in writing, insurance proceeds shall be applied to restoration or
repair of the Property damaged, it the restoration or repair is economically feasible and Lander's security is not lessened.
If the restoration or repair is not economically feasible or Lander'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. It Borrower abandons the Property, or does not answer within 30 days a notice from Lander that the insurance
carrier has offered to settle a claim, then Lander may collect the insurance proceeds. Lander 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 bagin when the notice is given.
Unless Lander 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 1 and 2 or change the amount of the
payments. If under paragraph 21 the Property is acquired by Lander, Borrower's right to any insurance policies and
proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument immediately prior to the acquisition.
6. Occupancy, Preservation, Maintenance and Protection of the Property: Borrower's Loan Application:
Leaseholds. Borrower shall occupy, establish, and use the Property as -Borrower's principal residence within sixty days
itter the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence
for at least one year after the data of occupancy, unless Lender otherwise agrees in writing. which consent shall 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 if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith
judgment could result ' in forfeiture of the Property or 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 of the Borrower's interest in the Property or other material impairment of the 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 information or statements to Lander (or failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning
Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower
shall comply with all the provisions of the lease. If Borrower 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 Lander's Rights in the Prop". 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 forfaiture.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. Lander's actions may include paying any sums secured by a lien wWch 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, Lander does not have to do so.
Any amounts disbursed by Lander under this paragraph 7 shall become. additional debt of Borrower secured by
this ' Security Instrument. Unless Borrower and Lender agree to other terms of payment, those amounts shall beat interest
from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
8. Mortgage Instrance. If Lander required mortgage insurance as a condition of making the loan secured by
this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. It, for
any reason, the mortgage insurance coverage required by Lander 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 of the mortgage insurance proviously in effect, from an alternate
mor-tgage.insurer approved by Lender. it substantially equivalent mortgage insurance coverage is not available, Borrower
shall pay'zo Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be in affect. Lender will accept, use and retain these
payments as a loss reserve in lieu of mortgage insurance. Lose reserve payments may no longer be required, at the
option of Lander, it mortgage insurance coverage (in the amount and for the period that Lander requires) provided by an
insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to
maintain mortgage insurance in affect, 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 law.
S. Inspection. Lander or its agent may make reasonable entries upon and inspections of the Property. Lander
shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Conderrinsdon. The proceedsof any award or claim for damages, direct or consequential, in connection
with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lander.
Washington
1 529C (11-961 Page 3 of 6
9811170154
01-0107-001856771-9
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess 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 equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the taking, unless Borrower and Lander 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 JbI 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 Lander 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 are then due.
It the 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 to collect and apply the proceeds, at its option, either to restoration or repair of the Property
or to the sums secured by this Security instrument, whether or not then due.
Unless Lander 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 1 and 2 or change the amount of such
payments.
11. Borrower Not "eased: Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lander to any successor in
interest of Borrower 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 extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
made by the original Borrower or Borrower'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 covenants and agreemants of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject. to the
promsions 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) is co-gigning this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; lb) 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. If the loan secured by this Security Instrument is subject to a law which gets maximum
loan charges, and that law is finally interpreted so that the interest or other loan charges collected of to be collected 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 M any sums already collected from Borrower wNch 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 payment 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 low requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lander. Any notice to Lander shall be given by
first class mail to Lender's address stated herein at any other address Lander 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 low of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or
the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the
Note which can be given affect without the conflicting provision. To this end the provisions of this Security Instrument
and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrumerit.
17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property or any
interest in it is sold or transferred (or it a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lander's prior written consent, Lander 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.
if Lender exercises this option, Lender shell give Borrower notice of acceleration. The notice shall provide a
period of not 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. if Borrower fails to pay these sums prior to the expiration of this period, Lander may
invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
i a. Borrower's Right to Reirtstate, if Borrower meats certain conditions, Borrower shall have the right to have
enforcement of this 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
Washington
15290 (11-96) Page 4 of 6
9811170154
01-0107-001856771-9
Borrower: (a) pays Lander all Gums which then would be due under this Security Instrument and the Note as it no
acceleration had occurred, (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as
Lander may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement
by Borrower, 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 Servicar. The Note or a partial interest in the Note Itogether with this
Security Instrumentl may be sold one or more times without prior notice to Borrower. A sale may result in a change in
the entity (known as the "Loan Sarvicer') that collects -monthly payments due under the Nola and this Security
Instrument. There also may be one or more changes of the Loan Sarvicer unrelated to a sale of the Note. If there is a
change of the Loan Servicar, Borrower will be given written notice of the change in accordance with paragraph 14 above
and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which
payments sh * ould be made. The notice will also contain any other information required by applicable low.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that to 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 are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any Investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
E'Wronmental Low of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority, that any removal or other remodidtion of any 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, "Hazarddui Substirj'qos' arc thpse substances defined as toxic or hazardous
substances by Environmental Law and the follo%.vip "' subotances: galsorine, kerosene, other flammable or toxic petroleum
products, toxic pesticides and herbicides, volatile solvents, materiqldcontaining asbestos or formaldehyde, and radioactive
materials. As used In this paragraph 20, "Environmental Leaw"' nibine federal laws and laws of the jurisdiction where the
Property is located that ralate to health, safety tir anvircriment;I �rctec*'lion.
NON -UNIFORM COVENANTS. BorroWer andlihair ftArther. covenant and agree as follows:
21. Acceleration; Remedies. Lander shall give notice to. E[crrqww prior to acceleration following Borrower's
breach of any covenant or agreement: in this Securiti instrument lbi4..not'prior to acceleration under paragraph 17 urdess
applicable law provides otherwise). The notice shall specify: Is) the . default: (bi the action required to cure the default, (c)
a date. riot [ass than 30 days from the date the notko is given to Borrower, by which the default must be cured; and (d)
that faillurs to cure the default an or before the date specified in the notice may result in acceleration of the sums secured
by this Security Instrument and sale of the Prop" at public auction at a date not lose then 120 days in the furture. The
notice shall further Inform Borrower of the right to reinstate attar acceleration. the right to bring a court action to assert
the non-existence of a default or any othisr defense of Sonrower to acceleration and sale, and any other matters required
to be included in the notice by applicable law. If the default Is not cured on or before the date specified in the notice,
Lander at its option may require immediate payment In full of ad sums secured by this Security Instrument without further
demand and may Invoke the power of valle and any other remedies permitted by applicable law. Lender " be entitled
to collect all expenses incurred in pursublig the remedies provided in this paragraph 21, including. but not limited to.
reasonable attorneys' fees and costs of tilde evidence.
it Lendw Invoke* the power of sale, Lander shall give written notice to Trustee of the occurrence of an event of
default. and of Lander's election to cause the Property to be sold. Trustee and Levder shall take such action ragardblig
notice of sale and shall give such notices to Borrower and to other persons an applicable law may requike. After the time
required by applicable low and after publication of the notice of sale, Trustee. without demand an Bon war. shisill sell the
Property at pubnc 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 Trust" determines. Trustee may postporm sale of the Properity for a pariod or
periods permitted by applicable law by public announcement at the time and place fixed In the notice of sale. Lender or
its designs* may purchase the Property at any sale.
Trustee shall deliver to the pwchaser Trustee's dead conveying the Property without any covenant or warranty.
expresse4 or implied. The recitals in the Trustee's dead " be prime facie evidence of the truth of the statements made
therein. Trusts* shag apply the proceeds of the sale In the following order: (a) to ad expenses of the sale. including, but
not limited to. reasonable Trustee's and attorneys' fees: lb) 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
Trustee to reconvey the Property end shall surrender this Security Instrument and all notes evidencing debt secured by
this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and Lender shall charge
Borrower a release fee in an amount allowed by applicable law. Such person or persons shall pay any recordation costs.
z3. Substitute Trustee. In accordance with applicable law, Lender may from time to time appoint a successor
trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the 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. The Property Is not used principally for agricultural or farming purposes.
25. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded
Washington
152SE (11-96) Page 6 of 6
9811170154
01-0107-001856771-9
together with this Security Instrument, the covenants and agreements of each 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)l
r-1 Adjustable Rate Rider
F-1 Graduated Payment Rider
Balloon Rider
Other(s) fspecify)
E] Condominium Rider 1-4 Family Rider
E] Planned Unit Development Rider Biweekly Payment Rider
F'� Rate Improvement Rider Second Home Rider
BY SIGNING 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.
X
GERALD W FRENCH
X—
JERII(�� D FREIkH
ON, -F1
0 0;
-W VOTAR Y
:0
PUBUG
STATE opw
.OF WASHINGTON
u ty ss-
On this day of &fore me the undersigned, a Notary
Public in and for the State of ashington, duly commissioned and sworn, personally appeared
GRRAT-n W FRENCH anci JVRRTT.YN n ERRNCH
to me known to be the individuql�—s) de`�bed in and who executed the foregoing instrurn an
acknowledged to me that he/shgVthey igned and sealed the saic X, f-17 M-1�
Linstrument as his/h f/their,
free and voluntary act and deed, for the-uslis and purposes therein m oried.
WITNESS my hand and official seal affixed the day and a i this cer)hicate above written.
My Commission expires:
Notary Public in d oLr�th�eSt t � Fashington residing at:
REQUEST FOR RECONVEYANCE
TO TRU�TEE:
The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes,
together with all other indebtedness secured by this Deed of Trust, have been paid in full. You are hereby
directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey,
without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally
entitled thereto.
DATED:
Mail reconveyance to
Washington
1529F (11-96)
9811170154
a corporation,
By
Page 6 of 8
%
U
Fidelity National Title Company of Washington
underwritten by Fidelity National Title insurance Company
3500 188th Street SW #300
Lynnwood, Washington 98037
Direct Line (425) 640-3502 / 640-3504
Fax No. (425) 670-1462
Toll Free: 1-800-776-3021
UNIT 3 TITLE ORDER NUMBER: 0274720
TO: GOLF SAVINGS BANK/CONSTRUCTION DIVISION
6505 218TH ST. SW # 4
MOUNTLAKE TERRACE, WA 98043-0000
Attention KELLI
Your Number
Reference Name: HOWLAND HOMES, LLC / FRENCH
TITLE ORDER NUMBER: 0274720
A.L.T.A. COMMTMENT
SCHEDULE A
UNIT: Bill Fisher,
Senior Title Officer
Vice -President
Christoff Huyboom,
Asst. Title Officer
Commitment Effective Date: June 26, 2001 at 8:00 A.M.
1. Policy or Policies to be Issued:
- ALTA Owners Policy - 1992 Form Amount $
Standard Coverage Premium $
Homeowner (30% discount) Rate Sales Tax: $
Proposed insured: HOWLAND HOMES, LLC
235,000.00
634.00
54.52
2. The estate or interest in the land described herein and which is covered by this
Commitment is a fee simple.
3. The estate or interest referred to herein is at Date of Commitment vested in:
GERALD FRENCH and JERRILYN FRENCH, husband and wife
4. The land referred to in this Commitment is situated in the County of Snohomish,
State of Washington, and is described as follows:
See Attached
0 0
Fidelity National Title Company of Washington
ALTA Commitment, Page 2
Order No. 0274720
LEGAL DESCRIPTION:
Lot 24, Block 1, PINE ACRES according to the Plat thereof recorded in
Volume 13 of Plats, Page 63, records of Snohomish County, Washington.
Situate in the County of Snohomish, State of Washington.
NOTE FOR INFORMATIONAL PURPOSES ONLY:
The following may be used as an abbreviated legal description on the
documents to be recorded, per amended RCW 65.04. Said abbreviated legal
description is not a substitute for a complete legal description within
the body of the document.
Lot 24, Block 1, PINE ACRES
0 0
Fidelity National Title
ALTA Commitment, Page 3
Order No. 0274720
Company of Washington
SCHEDULE B
I. The following are the requirements to be complied with:
A. Instruments necessary to create the estate or interest to be insured must be
properly executed, delivered and duly filed for record.
B. Payment to or for the account of the grantors or mortgagors of the full
consideration for the estate or interest to be insured.
II. Schedule B of the Policy or Policies to be issued (as set forth in Schedule A)
will contain exceptions to the following matters unless the same are disposed of to
the satisfaction of the Company.
B. GENERAL EXCEPTIONS
1. Taxes or assessments which are not shown as existing liens by the records of any
taxing authority that levies taxes or assessments on real property or by the public
record.
Proceedings by a public agency which may result in taxes or assessments, or
notices of such proceedings, whether or not shown by the records of such agency or
by the public records.
2. Any facts, rights, interests or claims which are not shown by the public records
but which could be ascertained by an inspection of the land or which may be asserted
by persons in -possession thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not shown by the
public records.
4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or
any other facts which a correct survey would disclose, and which are not shown by
the public records.
5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in
Acts authorizing the issuance thereof; (c) water rights, claims or title to water,
whether or not the matters excepted under (a), (b) or (c) are shown by the public
records. (d) Indian tribal codes or regulations, Indian treaty or aboriginal
rights, including easements or equitable servitude.
6. Any lien, or right to a lien, for services, labor or materials theretofore or
hereafter furnished, imposed by law and not shown by the public records.
7. Any service, installation, connection, maintenance or construction charges for
sewer, water, electricity or garbage removal.
8. 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 the date the proposed insured acquires for value of record the
estate or interest or mortgage thereon covered by this Commitment.
I %
Fidelity National Title Company of Washington
ALTA Commitment, Page 4
Order No. 0274720
C. SPECIAL EXCEPTIONS
1. Lien of any real estate excise sales tax u-pon any sale of said property if
unpaia. The subject property is located in the City of Edmonds.
The excise tax rate is 1.78% as of June 20, 1995.
2. GENERAL TAXES PAYABLE AFTER FEBRUARY 15TH: THE FIRST HALF TAXES ARE DUE PRIOR
TO MAY 1ST; THE SECOND HALF TAXES ARE DUE PRIOR TO NOVEMBER 1ST:
Year: 2001
Amount Billed: $2,095.23
Amount Paid: $1,047.62
Amount Due: $1,047.61
Tax Account No.: 00544200102400
Levy Code: 0216
value of Land: $91,000.00
Value of Improvements: $73,200.00
To expedite payment of your taxes, you may mail the payment direct to;
Snohomish County Treasurer
3000 Rockefeller, M/S 501
Everett, WA 98201-4056
3. DEED OF TRUST AND ADDITIONAL ADVANCES, IF ANY, AND THE TERMS AND CONDITIONS
THEREOF:
Grantor: Gerald W. French and Jerrilyn D. French, husband and
Trustee:
Beneficiary:
Original Amount
Dated:
Recorded:
Recording No.:
wif e
Pacific Northwest Title
Washington Mutual Bank
$51,500.00, plus interest
November 9, 1998
November 17, 1998
9811170154
4. QUESTION OF THE EXISTENCE OF AN "AUTOMATIC HOMESTEAD":
If the subject property is or will be the residence of a marital community,
even though the interest therein may be intended to be held as a separate or
community interest, execution of the proposed conveyance, contract to convey,
or encumbrance must be by both husband and wife by reason of RCW 6.13 which
provides for "automatic homestead". EXECUTION UNDER A POWER OF ATTORNEY WILL
NOT PROVE ACCEPTABLE UNLESS FIRST APPROVED BY THIS COMPANY.
5. SIDE SEWER EASEMENT AND CONDITIONS CONTAINED THEREIN:
Recorded: August 13, 1968
Recording No.: 2047560
Width: 6 feet
Affects: An undisclosed portion of said premises along the line
as constructed
Fidelity National Title Company of Washington
ALTA Commitment, Page 5
Order No. 0274720
Said easement contains a provision for bearing a proportionate or equal cost of
ii�,aintenance, repair or reconstruction of said easement by the common users.
6. RESERVATIONS AND/OR EXCEPTIONS CONTAINED IN INSTRUMENT:
From: Snohomish County Treasurer
Recorded: October 8, 1945
Recording No.: 793011
As Follows: The party of the first part hereby expressly saves,
excepts, and reserves out of the grant hereby made unto itself, its successors,
and assigns, forever, all oils, gases, coals, ores, minerals and fossils of
every name, kind, or description and which may be in or upon said lands above
described, or any part thereof, and the right to explore the same for such oil,
gases, coal, ores, minerals and fossils.
And it also hereby expressly saves and reserves out of the grant hereby made,
unto itself, its successors and assigns, forever, the right to enter by itself,
its agents, attorneys and servants, upon said lands, or any part or parts
thereof, at any and all times, for the purpose of opening, developing and
working mines thereon, and taking out and removing therefrom all such oils,
gases, coals, ores, minerals and fossils, and to that end it further expressly
reserves out of the grant hereby made, unto itself, its successors and assigns,
forever, the right by it or its agents, servants and attorneys at any and all
times to erect, construct, maintain and use all such buildings, machinery,
roads and railroads, sink such shafts, remove such oil, and to remain on said
lands or any part thereof, for the business of mining and to occupy as much of
said lands as may be necessary or convenient for the successful prosecution of
such mining business, hereby expressly reserving to itself, its successors and
assigns, as aforesaid, generally, all rights and powers in, to and over said
land, whether herein expressed or not, reasonably necessary or convenient to
render b�!neficial and efficient the complete enjoyment of the property and the
rights hereby expressly reserved. No rights shall be exercised under the
foregoing reservation, by the County, its successors or assigns, until
provision has been made by the County, its successors or assigns, to pay to the
owner of the land upon which the rights herein reserved to the County, its
successors or assigns, are sought to be exercised, full payment for all damages
sustained by said owner, by reason of entering upon said land; provided that
if said owner from any cause whatever refuses or neglects to settle said
damages, then the County, its successors or assigns, or any applicant for a
lease or contract from the County for the purpose of prospecting for or mining
valuable minerals, or operation contract, or lease, for mining coal, or lease
for extracting petroleum or natural gas, shall have the right to institute such
legal proceedings in the Superior Court of the county wherein the land is
situated, as may be necessary to determine the damages which said owner of said
land may suffer.
7. Right of the public to make necessary slopes for cuts or fills upon said
premises in the reasonable original grading of streets, avenues, alleys and
roads, as dedicated in the Plat.
(To be omitted from forthcoming Lenders Policy.)
END OF SPECIAL EXCEPTIONS
Fidelity National Title Company of Washington
ALTA Commitment, Page 6
Order No. 0274720
NOTE 1:
Examination of the records discloses no judgments or other matters pending
against the name(s) of Howland Homes LLC, the proposed insured.
NOTE 2:
The legal description shown in Schedule A was determined from the property
address provided at the time of application. The description should be
examined and approved by all the parties to this transaction prior to closing.
END OF NOTES
In the event this transaction fails to close and this Commitment is
cancelled, a fee will be charged to comply with the State Insurance Code
and the filed Schedule of this Company.
The sketch attached is provided as a courtesy only by Fidelity National
Title Insurance Company of Washington, without charge, for your information.
It is not intended to be a Survey or to show all matters relating to the
property (including, but not limited to area, dimensions, easements,
encroachments or locations of boundaries). It is not a part of, nor does it
modify, the Title Commitment or Policy to which it is attached. The Company
assumes No Liability for the correctness of any matter related to this sketch.
Reference should be made to an accurate survey for further information.
6/29/01
ET/mc
CC: Lynnwood Escrow
6505 218th Street SW
Mt. Lake Terrace, WA 98043
CC: Howland Homes LLC
19237 Aurora Ave. N
Shoreline, -WA 98133
Attn: Chris Lopez
THANK YOU FOR YOUR ORDER
ILF WE MAY BE OF FURTHER ASSISTANCE, PLEASE GIVE US A CALL
Fidelity National Title Company of Washington
O"ER NUMEBER 7 7
PLAT MAP VOLUME /3 PAGE
d �' �
5
28
5
27
6
26
7
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24
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This sketch is provided as a courtesy only by Fidelity National Title Company of Washington,
without charge, for your information. It is not intended to be a Plat of Survey to show all
matters relating to the property (including, but not limited to, area, dimensions,
easements, encroachments or location of boundaries). It is not a part of, nor does it
modify, the Title Commitment or Policy to which it is attached. The Company assumes NO
LIABILITY for the correctness of any matter related to this sketch. Reference should be
made to an accurate survey for further information.
AMIN, Amok
r) " 05 -,t
UJ
tHIS SPA, :Pitn r"It r!CorJ(R S USE.
Tponsamepl—...'I Title Insupance Co --- ------------------
0 FlClfL fii-Conv
YQL- OF
PAM RECORDED
LAND'TITLE CO.
Filed for Record of Request of
Name ..............
P.O. Box 276
City and State. ..'..Lynnwood,..
JUL 12 1969 AM 9:00
STANLEY DUBUQUE, AUDITOR
SNOWMISH COUXffa XQL
DEF4JTY,----.---.
-------------------------------------------
Statutory Warranty Deed
sit.
TIM GRANTiskZ LEO F. FOSTEStland GERALDDM FOSTER, husband and wife.
If's and in "n"der3li" nf TEN ($10. 00i DOLLARS - - -
in hand Paid. vm%eys and uairrant3 Pi GERALD FRENCH and JERRILYN FRENCH, husband and 'wife,
the following dr�crilwd rral evate. %iju.11ed in be C11unly 41f Snohomish State nt
lVashincton:
0 Lot Twenty -Four (24). Block One (1), Pine Acres, according to the plat thereof
recorded In Volume Thirteen (13) of Plats. page 63, records of the Auditor of
the County of Snohomish, State of Washington.
This deed is given subject to notice of easement for side sever 6 feet In width
over Lots 24 and 25, recorded August 13, 1968 and under Auditor's File No. 2047560.
This deed Is ' given subject to right of the public to make necessary slopes for
cuts or fill upon said premises In the reasonable original grading of streets,
avenues, all:ys and roads, as dedicated In the plat,
REAL ES47ATir SAM Y-4
A%131.-NT P110 /Y.Y—!
-747Y
.... 14 12-63
bited this Ist day of July '1969
............... . ..
. . ...... .... (SEAL)
STATE OF W.J01HINGTON.
County of 11710131061113H
LEO F. MTVk SR
and GERALDINE FOSTER, husband and
to me b6ba t&..be the individual dewribed in and who executed the within and fnregoing instrument, and
acknowledget! tha�-. they mitned the same as their free and vuluntary act and deed, for the
uses and puriwAes.iberein mentioned.
GIVEN undei my hand and official seat ihis V July 19 C,9
- An
ary Public * end I th State shinito",
residing to Wz_�-173A It'l Ler ci�
OFFICIAL RECORDSVO', 333 wr 12
00
M
Washington Mutual Bank
LOAN SERVICING - VAULT
PO BOX 91006 - SAS0304
SEATTLE, WA 98111
0 Washington Mutual
1811170154
11/17/98 11:03
p.0006 Recorded
Snohomish County
DEED OF TRUST
Loan No. 01-0107-001856771-9
PACIFIC NORTHWEST TITLE COMPANY SNO9833642
THIS DEED OF TRUST ("Security Instrument') is made on November 9, 1998 The
Grantor is GERALD W FRENCH and JERRILYN D FRENCH, HUSBAND AND WIFE
("Borrower"). The trustee is PACIFIC NORTHWEST TITLE COMPANY, a Washincrton .
co ration (*Trustee'). The beneficiary is
Washington Mutual Bank which is organized and existing under the laws
of Washington . and whose address Is 1201 Third Avenue Seattle, WA 98101
("Lender"). Borrower owes Lender the principal sum Of Fifty -One
Thousand Five Hundred & 001100
Dollars (U. S. $ 5 1, 5 0 0. 0 0 1. 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, If not paid earlier, due
and payable on December 1, 2013 . This Security Instrument secures to Lender: (a) the
repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications
of the Note; (b) the 6ayment of all other sums, with interest, advanced under paragraph 7 to protect the
security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under
this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and convoys to Trustee,
in trust, with power of sale, the following described property located in Snohomish
County, Washington.
LOT 24, BLOCK 1, PINE ACRES, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 13 OF PLATS, PAGE 63 IN SNOHOMISH COUNTY, WASHINGTON. TAX ACCOUNT
NUMBER: 5442-001-024-0005.
which has the address of 22203 96TH AVE w
IStreeil
EDMONDS Washington 98020 ('Property Address');
[Cityl [Zip Code)
WASHINGTON - Single Family - Fannie M&e/Freddie Mac UNIFORM INSTRUMENT Form 3048 9190 1pago I of 6 pagos)
1529A (11-96)
01-0107-001856771-9
TOGETHER WITH 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 referred to in this Security Instrument as the "Propertv."
BORROWER COVENANTS that Borrower is lawfully saised of the estate hereby conveyed and has the rigl,, .a
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 encuro'..'ances
of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform coverinnis with
limited variations by jurisdiction to constitute a uniform security instrument covering real propert-,
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest: Prepayment and Late Charges. Borrower shall promptly pay when due
the principal of and interest on the debt evidenced by the Note and any prepayment and late charger, due under the Note.
2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lander, Borrower shall
pay to Lander on the day monthly payments are due under the Note, until the Note is paid in full, 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
leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly
flood insurance premiums, It any; (a) yearly mortgage insurance premiums, if any; and if) any sums payable by Borrower
to Lander, if accordance with the provisions of paragraph 8. in lieu of the payment of mortgage insurance premiums.
These items are called "Escrow Items." Lander may, at any time, 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 of seq.
('RESPA"), unless another law that applies to the Funds sets a loseeramount. If so, Lender may, at any time, collect and
hold Funds in an amount not to exceed the lessor amount. Lender may estimate the amount of Funds due on the basis of
current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable
low.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, of
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. Lander may not charge Borrower for holding and applying the Funds, annually analyzing the
escrow account, or verifying the Escrow Items, unless Lander 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
Borrower any interest or earnings on the Funds. Borrower and Lender may agree 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 hold by applicable law, Lander shall account to
Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held
by Lander 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 of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower
any Funds held by Lender. It, under paragraph 21, Lander shall acquire or sell the Property, Lander, prior to the
acquisition or sale of the Propeny, shall apply any Funds hold by Lander at the time of acquisition 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 Lander under
paragraphs I and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable
under paragraph 2; third, to interest due; fourth, to principal due: and lost, or any late charges due under the Note.
4. Charges: Liern. 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 if not paid in that manner, Borrower shall
pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts
to be paid under this paragraph. If Borrower makes there payments directly, Borrower shall promptly furnish to Lender
receipts evidencing the payments.
Borrower shall promptly discharge any lien which has priority over 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 talth 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. If Lender determines that any part of the Property is subject to
a lien which may attain priority over this Security Instrument, Lander may give Borrower a notice identifying the lien.
Borrower shall satiety the lien or take one or more of the actions set forth above within 10 days of the giving of notice.
S. Hazard or Property 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 the amounts and
for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to
Lander's approval which shall not be unreasonably withheld. If Borrower fail@ to maintain coverage described above,
Washington
1529B (111-96) Page 2 of 6
OR
.,-,11170154
01-0107-001856771-9
Lander may. at Lander's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph
7.
All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause.
Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lander
all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the
insurance carrier and Lander. Lender may make proof of lose 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 in not lessened.
If the restoration or repair is not economically feasible or Lander'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
Borro%& ,r. If Borrower abandons the Property, or does not answer w.thin 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 Lander, Borrower's right to any insurance policies and
proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums
secured by this Security Instrument immediately prior to the acquisition.
S. Occupancy. Preservation, Maintenance and Protection of the Property: Borrower's Loan Appfication:
Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days
attar the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence
for at least one year attar the date of occupancy, unless Lender otherwise agrees in writing, which consent shall 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 if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith
judgment could result in forfeiture of the Property or 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 of the Borrower's interest in the Property or other material impairment of the 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 information or statements to Lender tor failed to provide Lender with any material
information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning
Borrower's occupancy of the Property as a principal residence. If thin Security Instrument is on a leasehold, Borrower
shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the too
title shall not merge unless Lender agrees to the merger in writing.
7. Protection of Lander's Rights in the Property. If Borrower tails 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 Lander's rights in the
Property. Lander'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 thin paragraph 7. Lander does not have to do so.
Any amounts disbursed by Lander under this paragraph 7 shall become additional debt of Borrower secured by
this Security Instrument. Unless Borrower and Lander agree to other terms of payment, those amounts shall bear interest
from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower
requesting payment.
8, Mortgage Insuirance. It Lender required mortgage insurance as a condition of making the loan secured by
this Security Instrument, Borrower shall pay the prorniums required to maintain the mortgage insurance in effect. It, for
any reason, the mortgage insurance coverage required by Lander lapses or ceases to be in effect, Borrower shall pay the
premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in affect, at a cost
rubstantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate
mongage insurer approved by Lander. It substantially equivalent mortgage insurance coverage is not available, Borrower
shall pay' to Lender each month a sum equal to one-twellth of the yearly mortgage insurance premium being paid by
Borrower when the insurance coverage lapsed or ceased to be in affect. Lender will accept, use and retain these
payments as a loss reserve in lieu of mortgage insurance, Lose reserve payments may no longer be required, at the
option of Lender, it mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an
insurer approved by Lander again becomes available and is obtained. Borrower shall pay the premiums required to
maintain mortgage insurance in affect, or to provide a lose reserve, until the requirement for mortgage insurance ends in
accordance with any written agreement between Borrower and Lander or applicable law.
9. Inspection. Lander or its agent may make reasonable entries upon and inspections of the Property. Lander
shall 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 of any part of the Property, or for conveyance in lieu of condemnation, are hereby
assigned and shall be paid to Lander.
Washington
1529C (11-961 Page 3 of 6
9811170154
01-0107-001856771-9
In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with any excess 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 equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the taking, unless Borrower and Lander 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 lb) 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 are then due.
It the 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 Lander within 30 days after the date the notice
is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property
or to the sums secured by this Security Instrument, whether or not then due.
Unless Lander 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 such
payments.
11. Borrower Not Released: Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in
interest of Borrower 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 extend time for
payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand
triads by the original Borrower or Borrower's succossors 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; Cc -signers. The covenants and agreements of
this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the
pro-Asions 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) is co-signing this Security Instrument only to
mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; lb) 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. If the loan secured by this Security Instrument is subject to a low which sets maximum
loan charges, and that law is finally interpreted so that the interest or other loan charges collected of to be collected 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 payment to Borrower. It a refund reduces principal, the reduction will be treated as
a partial prepayment without any prepayment charge under the Note.
14. Notice@. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or
by mailing it by first close mail unless applicable low requires use of another method. The notice shall be directed to the
Property Address or any other address Borrower designates by notice to Lender. Any notice to Lander shall be given by
first class Mail to Lander'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. Govwning Law: Severability. This Security Instrument shall be governed by federal law and the law of
the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or
the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the
Note which can be given affect without the conflicting provision. To this end the provisions of this Security Instrument
and the Note are declared to be severable.
16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security
Instrument.
'17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any part of the Property of any
interest in it is sold of transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural
person) without Lander's prior written consent, Lander may, at its option, require immediate payment in full of all sums
secured by this Security Instrument. However, this option shell not be exercised by Lender it exercise is prohibited by
federal law as of the date of this Security instrument.
It Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less then 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lander may
invoke any ramedies permitted by this Security Instrument without further notice or demand on Borrower.
18. Bonrower's Right to Reinstate. 11 Borrower meets certain conditions, Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days for 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
Washington
1529D 0 1-96) Page 4 of 6
9811170154
01-0107-001856771-9
Borrower: (a) pays Lander all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees: and (d) takes such action as
Lander may reasonably require to assure that the lien of this Security Instrument, Lander's rights in the Property and
Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement
by Borrower, 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 Servicar. The Note or a partial interest In the Note Itogether with this
Security Instrumentl may be sold one or more times without 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
instrument. There also may be one or more changes of the Loan Servicar unrelated to a sale of the Note. If there is a
change of the Loan Senticer. Borrower will be given written notice of the change in accordance with paragraph 14 above
and applicable law. The notice will 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 low.
20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release
of any Hazardous Substances an or in the Property. Borrower shall not do, nor allow anyone else to do, anything
affecting the Property that Is in violation of any ErnAronmental Law. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be
appropriate to normal residential uses and to maintenance of the Property.
Borrower shall promptly give Lender written notice of any Investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or
regulatory authority. that any removal or other remsdiiijtf�n. of any Hazardous Substance affecting the Property is
necessary, Borrower shall promptly take all necessary rarrieldiel actions in. accordance with Environmental Law.
As used in this paragraph 20, "HazardeFui Subatiij'c�oa" arc those substances defined as toxic or hazardous
substances by Environmental Law and the tollowl ` suWtances: ga'sor or toxic petroleum
ine, kerosene, other flammable
products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive
materials. As used In this paragraph 20, "Environmental miiiinj * federal laws and laws of the jurisdiction where the
'�l �roteclion.
Property is located that relate to h"th, safety or anvironment
NON -UNIFORM COVENANTS. BorroWer and'Lehair It.irther. covenant and agree as follows:
21. Acceleration: Remedies.. Lander shall . give notice to ' qWqww prior to acceleration following Borrower's
breach of any covenant or agreement in this Security instrument (bi o *prior to acceleration under paragraph 17 unless
. t,.n t
applicable low provides otherwise). The n ' odce shall specify: (a) the tlefoull: (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 Ow default an or before the date specified in the notice may result in acceleration of the sums secured
by this security Instrument and set* of the Property at public auction at a date not lose then 120 days in the future. The
notice shelf further Inform Borrower of the right to reinstate after acceleration. the right to bring a court action to assert
the non-ioxistence of a default or any other defense of Borrower to acceleration and sale, and any other matters required
to be included in the nodes by applicable law. It the default Is not cured on or before the date specified in the notice,
Lender at its option may require immediate payment In full of all surns 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 as expenses Incurred in pursuirig the remedies provided In this paragraph 21, including. but not limited to.
reasonable attornays* fees and costs of title evidence.
If -Lender Invokes the power of sale, Lander shan give written notice to Trustee of the occurrence of an event of
default and of Lander's election to cause the property to be sold. Trustee and Lender shan take such action regarding
notice of sale and shell give such notices to Borrower and to other persons as applicable law n%,ay require. After the time
required by applicable low and after publication of the notice of sale. Trustee, without demand n Borrower. shall sell the
property at public auction to this 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 Trust" determine*. Trustee may postpone sale of the Property for a period or
periods permhted by applicable law by public announcement at the time . and place fixed In the notice of sale. Lenderr or
its designee may purchase the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Propairty without any covenant or warranty,
expressed or implied. The recitals in the Trustise's deed shall be prima facie evidence of the truth of the statements made
therein : Trustee shag 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' leas: (b) to as 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
Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by
this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty and Lender shall charge
Borrower a release fee in an amount allowed by applicable law. Such person or persons shall pay any recordation costs.
23. Substitute Trustee. In accordance with applicable law, Lander may from time to time appoint a successor
trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the 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. The P(oparty Is not used principally for agricultural or farming purposes.
26. Riders to this Security Instrument. It one or more riders are executed by Borrower and recorded
Washington
1529E (11-96) Page 6 of 6
9811170154
01-0107-001856771-9
together with this Security Instrument, the covenants and agreements of each such rider shall be Incorporated into and
shall amend and supplement the covenants and agreements of this Security Instrument as it the rider(s) were a part of
this Security Instrument. (Check applicable box(es)l
F-1 Adjustable Rate Rider
Graduated Payment Rider
Balloon Rider
F-1 Other(s) Ispecify]
El Condominium Rider 1-4 Family Rider
E:] Planned Unit Development Rider Biweekly Payment Rider
0 Rate Improvement Rider Second Home Rider
BY SIGNING 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.
X
GERALD W FRENCH
X Q 9 f� 1—"n� %
JRRI��fN D FREINtH
ft
0
3 0
STATEJQF WAS)-ilNGTON
t \,O W 4uht, �s,
On this 0_yt of before me the undersigned, a Notary
Public in and for the State of Washington, duly -commissloned and sworn, personally appeared
GV-RAT,n W FRENCH and -I= ILYN D ERENCH
to me known to be the individtqlrg) d-��ribed in and who executed the foregoin -77n
instrurn _ a nit�
acknowleaged to me that he/shek/they igned and scaled the said_instrument as lis/he r/tiheir
free and voluntary act and deed, for tfte-usLrs and purposes therein moo6ed.
WITNESS my hand and official seal affixed the daiy andd year i� this cerlhicate above written.
My Commission expires: oq�bo-.2oa�
Notary Public inflVdjor the Siat Yeshington residing at:
REQUEST FOR RECONVEYANCE
TO TRUSTEE:
The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes,
together with all other indebtedness secured by this Deed of Trust. have been paid in full. You are hereby
directed to cancel said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey,
without warranty, all the estate now held by you under this Deed of Trust to the person or persons legally
entitled thereto.
DATED:
a corporation,
By
Mail reconveyance to
Washington
1529F (11-96) Page 6 of 6
9811170-154
loc. 18913
CITY OF EDMONDS
121 5TH AVENUE NORTH * EDMONDS, WA 98020 * (425) 771-0220 - FAX (425) 771-0221
Website: www.d.edmondsma.us
DEVELOPMENT SERVICES DEPARTMENT
Planning - Building - Engineering
June 25, 2003
Colonial American Casualty and Surety Company
3910 Keswick Road
Baltimore, MD 21211
GARY HAAKENSON
MAYOR
Re: Demolition Bond #LPM 4056929 for 22203 96 1h Ave W, Edmonds WA.
98026 for SP #2001-116ALicata
Dear Sir or Madam:
The City of Edmonds hereby authorizes the release the balance ($2500) from the above
referenced Demolition Bond. All interested City departments have approved the release
of this Bond.
Sincerely,
Lara Palmatier
Permit Coordinator
Cc: Applicant
File
Uremp/DST's/MasterL,etters/ReleasePerformance02/01
Incorporated August 11, 1890
Sister City - Hekinan, Japan
Pahnader, Lara
From: GruweU, Meg
Sent: Tuesday, June 24, 2003 3:24 PM
To: Pahnatier, Lara
Subject: RE: Question/Demo/S#2001-116
It is recorded. Please release the bond. Thank you.
----- Original Message -----
From: Taylor, Kathleen
Sent: Tuesday, June 24, 2003 1:11 PM
To: Gruwell, Meg
Cc: Palmatier, Lara
Subject: FW: Question/Demo/S#2001-116
Meg,
Could you respond to this, since you reviewed it? Thanks
----- Original Message -----
From: Palmatier, Lara
Sent: Tuesday, June 24, 2003 11:50 AM
To: Taylor, Kathleen
Subject: Question/Demo/S#2001-116
I have a demo bond that was submitted for the demolition of a garage for the short plat #2001-116.
This is done and finaled a long time ago but was never released because the demo was under 22201
96th Ave W and the bond is under 22203 96th Ave W and it wasn't caught. I just want to be sure that
you guys are cool with this, that the sp is recorded and all is A for me to release this bond for $2500.
Thanks for your help. If you need any more information, let me know. I believe the garage was on
what is now Lot #2. It is under Licata or Firstline, most likely.
Lara Palmatier, LMP
Development Services Coordinator
City of Edmonds
Phone 425.771.0220.1703
Fax 425.771.0221
Paltnader, Lara
From: Palmatier, Lata
Sent: Tuesday, June 24, 2003 11:50 AM
To: Taylor, Kathleen
Subject: Quesdon/Demo/S#2001-116
I have a demo bond that was submitted for the demolition of a garage for the short plat #2001-116. This is
done and finaled a long time ago but was never released because the demo was under 22201 96th Ave W
and the bond is under 22203 96th Ave W and it wasn't caught. I just want to be sure that you guys are cool
with this, that the sp is recorded and all is ok for me to release this bond for $2500. Th�nks for your help. If
you need any more information, let me know. I believe the garage was on what is now Lot #2. It is under
Licata or Firstline, most likely.
Lara Palmatier, LMP
Development Services Coordinator
City of Edmonds
Phone 425.771.0220.1703
Fax 425.771.0221
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Date Bond Posted May 31, 2002
BondDuetoExpire May 31, 2003
Bond Number LPM4056929
'Ja
C. VF I if i=� D
J U N - 4 2002
PLM',�,MG DEPT,
DEMOLITION BOND/BONDING COMPANY
Edmonds Building Pen -nit Number S—Zoal —JA0
Project Address At/ 44- - "i9v W-09_5
Owner/Developer/Contractor j
Z_
wHEREAs, &LnAi y_ A .J1kereinafter referred to as "the
Principal", has secured Building Permit No. !;-;P� /JG in conformance with the provisions of
the Uniform Building Code to demolish a structure or other improvements on a site located at
(Lot 2) 22203 96th Ave.West within the City of Edmonds, and,
WHEREAS, in order to provide security for the obligations of the Principal under the Uniform
Building Code in the course of said demolition within 90 calendar days (not to exceed 180
calendar days) from the issuance of said Building Permit by the City of Edmonds, hereinafter referred
to as "the City" and to enable the City to secure completion of said obligations, including site
restoration, clean-up and final site grading,
NOW THEREFORE, the undersigned Principal and Colonial -American Casualty,& Surety Co.
a corporation authorized to transact surety. business in the State of Washington, hereinafter referred to
as "the Surety", agree and bind themselves, their heirs, executors, administrators and assigns, unto the
City in the sum orL��t5t .)a/-' ( 'V14 $ Z5_0i> lawful money of the United
States, according to the following terms and conditions:
1) If the Principal and Surety agree that in the event that any demolition permitted under the
above -referenced Building Permit, is not completed in accordance with the provisions of the Uniform
Building Code and the Ordinances of the City of Edmonds within a period of 10 calendar
days from the date of the issuance of the Building Permit for the demolition therein permitted, the
Surety shall, upon the demand of the City and the failure to cure the noted defects within a reasonable
time as determined and specified by the City, remit to the City within ten (10) days of receipt of
demand for remittance, the amount of this bond or such lesser amount as may be specified in the
demand.
2) If the Principal fails to cure any defect within the time period specified by the City, the
City's employees and agents are hereby authorized to enter into said property and perform said work.
This provision shall not be construed as creating an obligation on the part of the City or its
representatives.
L:temp:bldg:forms demobd.jlg2/99
City of Edmonds Demolition Bond Bonding Company
Page Two
3) In the event any lawsuit is instituted by the City of Edmonds, the Principal or the Surety to
enforce the terms of this bond or to determine the rights of any party hereunder, the prevailing party in
such litigation shall be entitled to recover from the losing party its costs, including reasonable
attorneys' fees, incurred as a result of such lawsuit.
DATED this 31st day of ttay 5 2002
Calaiial ATErican - Casialty aro arety aaqDary rnn 4 "act inn.
In
Q e kr� e r
Sandffa- A
W
Officer/Title,
A - 98020
3910 Y
i---kd-ck Road, Baltimxe, �D 2=
- Address/Phone Address/Phone
La\4 46�6929' (425) 775-6968
-Borid Number
Bond Accepted by Development Services Technician Date
BONDING COMPANY SURETY ACKNOWLEDGEMENT
STATE OF WASHINGTON)
ss.
COUNTY OF
On this 31st day of May , 2oo2 . before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Sandra J. Jcnes
to me known to be the AttornE�-In--FbA--t
of GoIcnial Arerican Ca.�--ty and Surety the corporation that executed the foregoing instrument,
and acknowledged the 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
authorized to execute said instrument and the seal
Sandra J. icnes was
seal of said corporation.
WITNESS my hand and official seal hereto a x e day and 7,/ irst above written
H - A Yr. 51�'
�TARY PUBLIC in and for the State of
ashington, residing at
City of Edmonds Demolition Bond Bonding Company
Page Three
L:temp:b1dg:forms demobd.jlg2/99
a
City of Edmonds Demolition Bond Bonding Company
Page Three
DEVELOPER/OWNER ACKNOWLEDGEMENT
STATE OF WASHINGTON
ss.
COUNTY OF41�1
On this 27 day of _Q�0&2, before me, the under -signed,
a Notary Public in and for the State of Washington, duly commissioned and sworn, personally
appeared rpv L I, a_,Pcm to me known to be the b_0 AJ V--AZ- of
R S-t-L I Qn0S-rQyQ_'r10A.) , the general partnership that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said
partnership, for the uses and purposes therein mentioned, and on oath stated that
was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written
L01-riE D. STEINER
NOTARY PUBLIC
STATE OF WASHINGTON
COMMISSION EXPIRES
JULY 29, 2003
A0A' ar�_
_RY PUBLIC in and for the State of
V
Washington, residing at
N �j ansll- �U&PLOAje VA
"1 90-3
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Bond Number: LPM4056929
Power of Attorney
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211
KNOW ALL MEN BY THESE PRESENTS: That the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,
a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in
pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and
appoint Sandra J Jones its true and lawful agent and Attorney -in -Fact, to make,
execute, seat and deliver, for, and on its behalf as surety, and as its act and deed: Bond or undertaking number LPM4056929
issued on behalf of Firstline Construction , as principal in a penal sum of
$2500 —, and the execution of this bond or undertaking in pursuance of these presents, shall be as
binding upon said Company, as fully and amply, to all intents and purposes, as if it had been duly executed and
acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Company, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, this 31st day
of, May A.D. 2002
ATTEST: COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
SEAL
T. E. Smith Assistant Secretary
State of Maryland I ss:
County of Baltimore f
By.
Paul C Rogers Vice President
On this 31st day of May , A.D2002 , before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, to me personally known to be the individuals and
officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and
being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company
aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said
Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority
and direction of the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Jt
NOTAW
PUPA
Notary Public
My Commission Expires: August 1, 2004
POA-S ((CODE)>
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice -President, or any of the Senior
Vice -Presidents or Vice -Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice -Presidents, Assistant Vice -Presidents and Attomeys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages .... and to affix the seal of the Company thereto."
CERTIFICATE
1, the undersigned, Assistant Secretary of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do
hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and
effect on the date of this certificate; and I do further certify that the Vice -President who executed the said Power of Attorney
was one of the additional Vice -Presidents specially authorized by the Board of Directors to appoint any Attorney -in -Fact as
provided in Article VI, Section 2, of the By -Laws of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of
the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called
and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company
this 31st day of May 2002
ftma
SEAL ob(dmlcj�
L. L. Goucher Assistant Secretary
Ma�j 21 02 04:04p
Diane Komacho
206-3GI-0114
p. 2
MERIDIAN EXCAVATING & WRECKING, INC.
911 Norffi 141st
RECEIVED Seattic, Washington 98133
Phone: 364-4750 Fax: 361-0114
J U N - 4 2002
Pwww Dsq,
MAY 21,2002
CONTRACTING PARTY: HOWLAND HOMES / ATTN: MATT / 9501-8943 / FAX #542-6570
19237 AURORA AVE N / SHORELINE, 98133
TYPE OF WORK: DEMOLITION
LOCATION OF WORK: 27,203 96TH AVE W. / EDMONDS
Quotations subiect to chanzie or cancellation after 30 days.
THIS WILL CONFIRM OUR QUOTATION:
DEMOLITION, REMOVAL, AND DISPOSAL OF
EXISTING GARAGE, INCLUDING ALL
RELATED CONCRETE.
PRICE: S 2,200.00
NOTE: Price does not include applicable permits, hazardous material removal,
excavation, clear, grub, fencing and/or barricades.
The temis arc: CASH UPON CONPLETION OF JOB.
Accepted
We cannot be m. ponsible for subgrade failures. State Sales Tax to be added wbere applicable.
Your signature will make this a legal contract for the performance of the abovc work.
By L L-; ILT
�/� James Kamacho - Estimator
Accepted Date
ROP :.BAXTER DAUGHTERS EQUIPMENT CO . FAX NO. 4253559534 May. 21 2002 07:2GAM P1
Demolition Clearing Sewer
Licensed Bonded / Licensed
.L �
13&xter and Daughiers Equipment Company
12 W McGill - Everett, WA 98204 9 BAXTEDE1 01 KA
(425) 355-9534
PROPOSAL AND CONTRACT
Sold To:
Billing Address:
City/State/Zip:
Data: -
Attention: A Phan
Job Addresi.00,90Z 25A (-J
C it Y: AA hern 4 C_
The undersigned proposes to fumish and provide necessary labor, materials, tools, implements, and appliances to do, perform
and complete in a good and workmanli manner, t e following:
Specificatio S.. AL^.� -AIM 9�'
94
11. A /I 4(A 6 -
Sub -Total $CM,-J0_,0C-
Sales Tax $L%,,_3�
G rand Total $Cg"
This Proposal and Contract is subject to the following conditions:
The Owner, in consideration of promises and agreements on the part of Baxter and Daughters Equipment Company (hereafter
kn3o�,�a as, " )anyu) hereby priomises an iree to pay to;he firm, foirfult7t�Z �tf I performance of the 'contract. the sucn
/ � _Wmr . _ dl_� i -
of _11-1,% - w v '45 >e &4A<, Z4E_D
i A .11' Dollars (;,,=-,,30
Payments shall be made as follows by the OwnVto Company -
Cash in advance $ Cash on half-completio Kr,
Clah on completion tAg; -30
or in payments of S to commence on_.&,,,, jA .6 /Z -11
(Date).
Any alteration or deviation form the above involving extra cost of materials or lab�;will be execute(d on upon written orders for same and will'become an
extra charge over the sum mentioned above.
PERMITS. DEBRIS REMOVAL AND/OR ANY OTHER WORK IS NOT INCLUDED IN THIS CONTRACT UNLESS OTHERWISE SPECIFIED.
AW agr6aments must be in wfiting.
As Indicated in the schedule at payments shown herein until the whole amount of this contract shall have been fully paid with interest from date hereof at
the highest legal rate of interest (allowable by law in the state where this contract was executed) per annum until paid; payable monthly on the then unpaid
balance, the final installment payable hereunder shall equal the amount of the deferred b2lanca than unpaid.
If default shall be made in the payment of any installment when due, at the option of the holder hereof, without notice. the entire debt shall become due
and payable.
Owner agrees to pay, in addition to the foregoing, a reasonable attorneys fee, or If this Is placed In the hands of a licensed collecton agency, owner
acknowledges that Company will be damaged thereby to the extant of the collection charge against Owner, and Owner therefore agrees to pay to Company
as liquidated damages. an amount equal to the amount charged Company on said collection by said licensed collection agency. not exceeding fifty percent
of the amount unpaid thereof, and also a reasonable attorneys fee. For value received. each and every party who signs or endorses for Owner or becomes
liable either now or hereafter for the payment of this note, severally waives presentment, demand, protest. and notice of non-payment hereof, binds himsalf
hereon as the principal and not as surety and agrees to remain bound haroon notwithstanding any extension that may be made to any party liable on this
Pate.
it is expressly stpulated and agreed ftt the Company shall not be liable for any delays occasioned by the elements, Strikes, fire. inclemency of the weather,
the acts or omissions of Owner or persons. or any other similar or disalmilar causes beyond control of the Company.
Increases in'Compano costs resulting from delays, acts or omissions of Owner or other persons, and not caused by Company, shall be paid by Owner
IoCompany. It is further agreed that in the event there is. after the date this contract and before completion of the work. an advance or decfine in the price
of labor cove Hng the territory in which the work is located, then the amo to be paid under this contract shall increased or d" reased accordingly, proportioned
to the amount of labor performed under fts agreement undo r th rate or rates.
Ih
0
th
THIS PROPOSAL IS VOID IF NOT ACCEPTED WITHIN DAYS.
Rospectf ysub
u
B a n ht s pment Company
by:
ACCEPTANCE
You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which I/we agree to pay
the amount manfioned above in said proposal and in accordance with the terms thereof.
ACCEPTED: Date Owner.
Owner:
jr
a
Karen Wheeler
22121 96th Ave W
z Tx ID 5442-001-025-00
6' W- irl I
ide Sewer Easement AFN 2047560
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LIJ c-') �—ewer a
C" C-) Ingres
U 2 MB's Eciserr
---------------- W a
cc /�AOO'\ 4vi
ke / , I V, -T
LO
Ingress, Egress and,6 Utility Ecseme:n�'-:
7 Conc. Driveway
LLI
04
2 '0
VT 04 so
141, eeA� kA To
JA f.
c 0;
8,000 sf
�O C
'10 House
U-) oo c Lot 1 1 1 3:
W" (D 1 (6 #22203 0 Lot 24
Oi > co Lot 1 1 '0 FF 384.19 It 0
9,600 Sf
8 DoVwood 8,000 Sf Not
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0
VV
L It
na4,
000
14PIOX
12" Steel 0)
CV
plln�tv 42.94' 39.36- z
CB Type 1 2" ISteel
----------- -
GE 385.76 Area
IE N 382.96 12"
i 1 b
IE W 383.06 12"
1.07'
BTM 381.06 Set Reba?\& Cap r%
LS 30581 (typ)
106.70' EdtooclEence —
A (t;P-
S W589005 E
C-1) A 770A/ Joseph & Susan Christian
22205 96th Ave W
Tx ID 5442-001-023-00
RECEIVED
AUG 2 02.100-1 Critical Areas Checklist CA File No: CA 0 1-
Site Infpy o opogra phy/h drology/vegetation)
,.:t,p_�qoils/k Y
1. Site Address/ Location:
2. Property Tax Account Number:
3. Approximate Site Size (acres or square feet): — 'Ism :!oc-
4. Is this site currently developed? X yes; no.
4- 7el
h�l e
L
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 10-feet
over a horizontal distance of 33 to 66-feet).
Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal
distance of less than 33-feet).
Other (please describe):
6. Site contains areas of year-round standing water: Approx. Depth:
7. Site contains areas of seasonal standing water: A� Approx. Depth:
What season(s) of the year?
8. Site is in the floodway 171e) floodplain of a water course.
9. Site contain a creek or an area where water flow's across the grounds surface? Flows are year-round?
—Flows are seasonal? (What time of year?
10. Site is primarily: forested meadow shrubs mixed
urban landscaped (lawn,shrubs etc) W.
11. Obvious wetland is present on, site:
_-'-�For` ity Staff use:offly
1. Plan Check Nuniber, if applicable?
2. Site is Zoiied?
3, qCS��M4�
,ped `e(s)?,
p
--CritieAIA'
Areasinven pr_,qx�
ry
S 't- A' rth:9i
'j e, v'�'i M, esigna ea ftiden
6- ie., 1�siknafed-?&vthe
Reviewed. y-
b',
Ilia
A-AtIL
LA4b, 2--
i -di6iWsiC ijfici&A_f_�won��M
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y*S�h�'ti "A" -e",Ma07::! Z'1:1:�V,
ATIOM',
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Date: /71 --o I
'W
tj:xz)nare\L]DraTy\rianning\j-orms\ruDiic tianaouts\ Untical!Areas Checklist Doc/1-16-2001
-C. 116-;_
City of Edmonds
Development Services Depariment
Planning Division
Phone: 425.771.0220
Fax: 425.77-1.0221
DATED RECEIVED:
CITY RECEIPT4:.
Critical Areas' -File #:
Critical Areas Checklist Fee: $45.00
DATE MAILED TO APPLICANT:.
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 s ' hould
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/or representative, must fill out the
checklist, sign and date it, and submit it to the City.
The City will review the checklist,
site visit, and make a determination
'steps necessary to complete a de
application.
make a precursory
of the subsequent
velopment permit
Please submit a vicinity map, along with the signed
copy of this f6rm 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 information (e.g. site plan, topography map,
etc.) or studies in conjunction with this Checklist to
assistant staff in completing their preliminary
assessment of the site.
I have completed the attached CRITICAL AREAS CHECK -LIST and attest that the answers provided are
factual to the best of my knowledge (fill out the appropria,te'.column below).
Owner/Applicant:
Name
/�� 57 W41e IvI
Street Address
city State Zip
Telephone: lf,-2�e 161A�
Signature Date:
Applicant Repr.esentative:
Yqame
I,f 1411,0KA -
Street Address
City State Zip
Telephone:
�Oture �Iz Date: g- 0-4.1 - 4�1 I
G:\Share\Library\Planning\Forms\POblic Handouts\ Critical Areas Checklist Doc/]-] 6-2001
City of Edmonds SP #S-2000-1 10
CERTIFICATION
We verify that we are the legal owners of the property described
below and we certify that this subdivision, with the following
dedications and conditions, is made of our free consent and
according to our desires.
DEDICATION
KNOW ALL PEOPLE BY THESE PRESENTS that we, the undersigned
owners of interest in the land hereby short subdivided, hereby
declare this short plot to be the graphic representarlon of the
short subdivision made hereby. and do hereby dedicate to the use
of the public forever all streets and avenues not shown as
private hereon and dedicate the use thereof for all public
purposes not inconsistant with the use thereof for public highway
purposes, and also the right to make necessary slopes for
cuts and fills upon the lot shown thereon in the original
reasonable grading of sold street and avenues. and further
dedicate to the use of the public all of the easements and tracts
shown on this short plot for all public purposes as Indicated
thereon, including but not limited to parks, open space, utilities
and drainage unless such easements or tracts are specifically
identified on this short plot as being dedicated or conveyed to a
person or entity other than the public, in which case we do
hereby dedicate such streets. easements. or hracts to the
person or entity identified and for the purposed stated.
Further, the undersigned owners of the land hereby short
subdivided waive for themselves, their heirs and assigns and any
person or entity deriving title from the undersigned, any and all
claims for damages against City of Edmonds, its successors and
' Ins which may be occasioned by the establishment,
assi
con ruction, or maintenance of roads and/or drainage systems
within this short subdivision other then claims resulting from
inadequate maintenance by City of Edmonds.
Further, the undersigned owners of the land hereby short
subdivided agree for themselves, their heirs and assigns to
indemnify and hold City of Edmonds, its successors and assigns,
harmless from any damage. including any cost of defense,
claimed by persons within or without this short subdivision to
vegetation, drainage or surface or sub —surface water flows within
this short subdivision or by establishment. construction.
maintenance of the roads within this short subdivision. Provided,
this waiver and indemnification shall be construed as releasing
City of Edmonds, its successors or assigns, from liability for
damages. including the cost of defense, resulting in whole or in
part from the negligence of City of Edmonds. its successors, or
assigns.
This subdivision, dedication, waiver of claims and agreements
to hold harmless is made with the free constant and in
accordance with the desires of said owners.
IN WITNESS WHEROF we set our hands and seals.
Mott Howland
ACKNOWLEDGMENTS
State of Washington
County of Snohomish
I certlify that I know or have safisfactory evidence that
signed this instrument and acknowledged it to be (his/her) free and
voluntary act for the uses and purposw mentioned in this instrument.
Signature of
Notary Public
F1 =L7.
My oppointment expires
Approved and authorized for recording by the City of Edmonds
Planning Division by
This day of
, 2001
Approved and authorized for recording by the City of Edmonds
Engineering Divilsion by
This day of
, 2001
LAND SURVEYOR'S CERTIFICATE.
This map correctly represents a survey made by me or under
my direction in conformance with the requirements of the
Survey Recording Act at the request of Scott Kechloian in
September 2000.
Brent L Eble, PLS 1305-81
Date
AUDITOR'S CERTIFICATE.
Filed for record at the request of Emerald Land Surveying. Inc.
this —day a , 2001 at —minutes past —O'Clock
—M. and recorded in Volume —of Short Plate, Pages —through
Records of Snohomish County, Washington.
AMR, Snotiomish 06-
Deputy Ccun_5_)@M15r
EASEMENT PROVISIONS
An easement is hereby reserved for and granted to all utilities
serving subject plot and their respective successors and assigns,
under and upon the exterior 10 feet parallel with and adjoining
the street frontage of all lots, tracts and common areas in which
to install, lay, construct. renew. operate and maintain underground
conduits, cables, pipe. and wires with necessary facilities and other
equipment for the purpose of serving this subdivision and other
property with electric. telephone, gas, television cable and other
utility services logether with the right to. enter upon the lots.
tracts and common areas at all times for the purposes herein stated.
HOLD HARMLESS AGREEMENT.
Owner, and all persons havintgiany present or subsequent ownership
interest In these lands, and 9 successors and assigns of owners or
other parties having any interest, hereby agree that the City of Edmonds
shall be held harmless in all respects from any and all claims for
damages for injunctive relief which may be occasioned now or in the
future to adjacent land or improvements by reason of the construction,
operation and maintenance of the drainage system and hereby waive
and release the City of Edmonds from any and all claims for damages,
excluding damage caused solely by an act or ornission of said City and
injunctive relief which the owners, or their successors or assigns, may
themselves have now or in the future by reason of the construction,
maintenance and operation of said drainage system.
City of Edmonds SP #
CB Type 1
GE 384.03
IE N&S 382.03 12"
IE W 382.33 8"
BTM 380.43
8" Steel
C
0
0
12" Steel
CB
Type 1
GE
385.76
IE
N 382.96 12"
IE
W 383.06 12"
BTM 381.06
Mon. not found
Held Plot intersection
N 88*55'54" W 459.90'
> Found MIC Conc
220th Street Southwest w/ Pin, Down 1.5
Site Development and Gradina Plan: Dralina-ge Plan:
r4)
00
U-) 00
!0 0i
0) It
r- I-, I
0
0.
A,
I
The applicant proposes to pay into the City's "In Lieu
Sidewalk Fund, rather than construct new ' Sidewalk.
Additionally, the applicant proposes to utilize the existing
driveway as a portion of the paved surface for
lot 2. Thus the only site grading that will be required will
be part of the building permit.
Side Sewer and Water Meter Location:
The existihg-house has sewer and metered water.
These will not be altered. The applicant proposes to
locate the water meter, water line and the sanitary sewer
in the proposed access and utility easement on the north
side of the site.
Eave Overhang to be Modified so that it
%AA11 r%r%+ ^r^4-.4- --, 4k-
The existing site contains a driveway along the north
side currently providing access to the existing garage.
We are proposing to remove the existing garage and
relocate the parking to the rear of the site using the
same driveway. Access to Lot 2 complying with the
subdivision standards will be constructed at the time of
the building permit, thus the only new impervious surface
create by this application will be the for new house to be
located on lot 2.
The applicant proposes to utilize the existing driveway
as a potion of the paved surface for lot 2, thus it is our
belief that the impervious surface for lot 2 will be less
than 5,000 square feet, and a detention plan prepared
by the builder at the time of submittal will be satisfactory.
Ingress and Egress
Easement
, NA �� rl 9 " .2 0%,ft
0.82'
I Found MIC Conc 224th Street Southwest
w/ Pin, Down 1.2' N 88*58'27" W(Basis of Beorings)
229.95'
PROJECT NOTES Found MIC Conc
1. ALL EXISTING FENCES ARE TO w/ Pin, Down 0.4'
REMAIN AFrER DEVELOPMENT.
2. EXISTING HOUSE IS TO REMAIN.
3. TOTAL SITE ACREAGE — 0.41 ACRES.
4. PROJECT ZONING — RS-8
5. LOTS 1 AND 2 OF THIS SHORT PLAT
ARE THE BENEFICIARY OF EASEMENTS
SHOWN HEREON.
4"
to
0)
Found Rebar &
Cap, LS 8566
0. 63' E & 0. 40' S
To"— 2.37'
Found Rebor
& Cap, LS 8566
1.86' E & 0.37' S
Found MIC Conc
w/ Pin, Down 0.5'
S 88'58'27"A E
229.95' V
I
I
MERIDIAN
00 P LAT
GRAPHIC SCALE
—20 0 10 20 40
1
mm old 6mold
L1111111111 om Iloilo= NEEMENIM
(IN FEET)
1 inch 20 ft.
Ld
LO
V)
0
Z
LEGAL DESCRIPTION
LOT 24, BLOCK 1, PINE ACRES, ACCORDING TO THE PLAT
THEREOF, RECORDED IN VOWME 13 OF PLATS, PAGE 63,
RECORDS OF SNOHOMISH COUNTY, WASHINGTON.
SURVEY NOTES
INSTRUMENT USED: SOKKIA SET 5 EDM
METHOD USED: FIELD TRAVERSE
APPROXIMATE POINT ACCURACY: 4-0.05'
SURVEY MEETS OR EXCEEDS STATE STANDARDS PER WAC
332-130-090.
MONUMENTS SHOWN HEREON WERE VISITED ON JULY 28,
2000.
THE INFORMA11ON SHOWN ON THIS MAP REPRESENTS THE
RESULTS OF A SURVEY MADE ON THE INDICATED DATE
AND CAN ONLY BE CONSIDERED AS THE GENERAL
EXISTING CONDITION AT THAT TIME.
NO EASEMENTS, RESTRICTIONS OR RESERVAT10N OF
RECORD WHICH WOULD BE DISCLOSED BY A TITLE REPORT
ARE SHOWN.
VERTICAL DATUM — CITY OF EDMONDS (M.S.L.) PER
R/R SPIKE IN POWER POLE AT NE CORNER OF INTERSEC11ON
OF 224TH ST. S.W. AND 96TH AVE. W. PER FB 22AD, PG. 20
ELEV. 390.84
CONTOUR INTERVALS - 2 FEET