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Miles Title Report.pdfSUBDIVISION Issued By: *, CHICAGO TITLE INSURANCE COMPANY Guarantee/Certificate Number: 500030610 CHICAGO TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES LSA Engineering, and each successor in ownership of the indebtedness secured by the insured mortgage, except a successor who is an obligor under the provisions of Section 12 (c) of the Conditions herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Chicago Title Company of Washington 3002 Colby Ave., Suite 200 Everett, WA 98201 Countersigned By: 161�44bAm Authorized Officer or Agent Chicago Title Insurance Company By: A� President Attest: W Secretary Subdivision Guarantee/Certificate Printed: 09„02.15 @ 09:44 AM Page 1 WA-CT-FNRV-02150.624683-SPS-1-15-500030610 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 500030610 ISSUING OFFICE: Title Officer: Residential Unit Chicago Title Company of Washington 3002 Colby Ave., Suite 200 Everett, WA 98201 Phone: (877)602-2190 Fax: (866)827-8844 Main Phone: (425)259-8214 Email: snotitlea-ctt.com SCHEDULE A Liability Premium Tax $1,000.00 $250.00 $23.00 Effective Date: August 26, 2015 at 08:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF Title to said real property is vested in: Steven P. Miles and Debbie D. Miles, husband and wife subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Suhd wsion Guarantee/Certffi ate F tinted: 09.02.15 @ 09AS Ate Page 2 WA-CT-FNRV-02150.624683-SPS-1-15-500030610 EXHIBIT "A" Legal Description For APN/Parcel ID(s): 005131-000-138-12 Parcel 2 of City of Edmonds Short Plat No. S-21-81 recorded under Auditor's File No. 8303100246, records of Snohomish County, Washington, being a portion of Tracts 138 and 143, Meadowdale Beach, according to the Plat thereof recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington. Situate in the County of Snohomish, State of Washington. Subdivision Guarantee/Certificate Printed: 09 02.15 @ 09:45 AFW Page 3 WA-CT-FNRV-02150.624683-SPS-1-15-500030610 CHICAGO TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. 500030610 SCHEDULE B GENERAL EXCEPTIONS A. Rights or claims of parties in possession, or claiming possession, not shown by the Public Records. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, liens or encumbrances, or claims thereof, not shown by the Public Records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing liens by the Public Records. F. Any lien for service, installation, connection, maintenance, tap, capacity, or construction or similar charges for sewer, water, electricity, natural gas or other utilities, or for garbage collection and disposal not shown by the Public Records. G. Unpatented mining claims, and all rights relating thereto. H. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof. I. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims or title to water. K. 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 of record for value the estate or interest or mortgage thereon covered by this Commitment. Subdivision Guarantee/Certificate Printed: 09,02 15 @ 09:45 AM Page 4 WA-CT-FNRV-02150.624663-SPS-1-15-500030610 CHICAGO TITLE INSURANCE COMPANY SCHEDULE B (continued) SPECIAL EXCEPTIONS GUARANTEE/CERTIFICATE NO. 500030610 Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on City of Edmonds Short Plat No. S-21-81: Recording No: 8303100246 2. Sanitary Side Sewer Easement including the terms, covenants and provisions thereof Recording Date: March 10, 1983 Recording No.: 8303100247 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Washington Natural Gas Company Purpose: Gas pipeline or pipelines Recording Date: August 24, 1990 Recording No.: 9008240127 Affects: Portion of Said premises as described in said instrument 4. Permanent Storm Drainage Easement including the terms, covenants and provisions thereof Recording Date: September 3, 2008 Recording No.: 200809030197 5. General taxes have not been searched at this time. They will be furnished by Endorsement. 6. A deed of trust to secure an indebtedness in the amount shown below, Amount: $250,000.00 Dated: October 18, 2011 Trustor/Grantor: Debbie D. Miles and Steven P. Miles, wife and husband Trustee: Regional Trustee Services Corporation Beneficiary: Boeing Employees' Credit Union Loan No.: 2006343913 Recording Date: October 28, 2011 Recording No.: 201110280034 END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 09.02.15 @ 09:45 AM Page 5 WA-CT-FNRV-02150.624683-SPS-1-15-500030610 a9 s 3 4 4-019 fI 22 . 21 4-03 16 LO- 25- Yt0t 700 10 p In 11 lLN �3 2 1e'er 2 j ce ITS r 4 s 4 Ile q 77- 03 P. )6 ',( 144 1.'. 1. , 05,04 5 03 02 r 08 w. 1 0<3 � 03 01.,. S�wk 287 1 17 05 08 W76TY4� � � LAN Ar r r %," o o } ptr yW 1p Olt 0 IT £ w ° �q o z' o 1 � In 2 ". cfEZr ?g.4 c2>f, raE a LO "tea 'c 32 ° r i A°A ?• Z P i i '9 in y °1 �,o�pua" awti f1xm tl " u ISI ,.. oaf€gyp w° 1 °r oz CA a >s RON ° m i aa? n ra �. z x Lill rn rn F IM Pc N 2 J r. a N 0 ^ J m Z v O v m Z 0 O O Z CID -i IV aZ = cn Z A z G) Z m per• w 131) 17, fir. fry A I'M A' �4 Z' w 131) 17, 70 Al fir. fry A A' �4 Z' Oz T rn 0 70 Al fry A A' �4 Z' -Joi l", v�l ", � 132Q. 112111 8'; � 61n, fry A -Joi l", v�l ", � 132Q. 112111 8'; � 61n, DOP Sl AI -SCI __ loll \o902-905 AMblRtllE-71 CORMN .•....,,,•••®••,•^•,..�- I,OC'A I ION --- PLEASE RETURN1"O: COMPANY %0, MSHING "ON NARiRAL GAS CO. LIiENTION:0aOUT. EASEMENT R 0. Box 1869 SEATILZAA 98111 llre turamaar S E,Vbltl T?.,7 SIS S r veal DEDIII, D. frjLK§a itunip ttd rtnal wife, __ anrearnsiduratilonwh+'i N1.i)OLLAT, ISlttt&1,inhandpaid, and othergood,andvalutbtscontitict3tion.ra.ucipnt wnlereof is lasreh;r,nknOsvludp d. dots llerchy convey and ate nant to WASHING ON NAl"VKA1, UA5 COMPANY, r 1# „,sling on Corporation, its sucu.^ussors nnd wssigtts lcrein rsfcrrad no as "Or+umcc". a roarcxcBarsaw raaervaenoforas tsgviprtinc<rrpripcbt,e under. over, throughatdasgrosstluerollosvingde,scribed rau crrtararl"t'i nnchom,inln iirtaraatlr paaa raacal aaa ulve e'aaaraapa anf •.., , ._ _ ___,. _, .__ .. ... t.I Slaw of t\ tsloa •tla'an• r.i See E%hihlt "'A"" attached hereto and incorporated herein. 1,40 EXCISE TAX REQUIRED app, p4UCs 1990 C=) lla ri ..� "t cull TV= Q awy a W NJ Lu . a":)b r , giving and graontinp„ to Grantee the rght w construct•, nnst ll, opus arc uudwain• protect, improver, repair, replace and dabandoo in palace said pyus pipOrtc or pipelines. togctlter with I he non-exclusive right ofuccessto ,and frams«aid pvropu riv. As used 11"ci l.0W team'pa�ipaelinv 51sall inclodcAus l'inas anrd' s•vicestObe�ih,erwit'h suciv aurfa a or sularcsurfaca pipera`ne uppurtsaa rncc+t and r•acithies .as arc ncc+ewsary, in the judgement of Urantcv fortlwe npau:ruaion antinudnocnanceof sued pi'pclint: or pipclin , Ily lova a rcpntunce of ilaas casement Gaantctt ag.rccs to mold slac Oravnlor laartv+loxs from ung° loss, cost or dumaV rrsaultiq front the operation or ratminaenutvice orsuch pipeline or pipcl"nc,s c,ucpt as MY be ;ntrulmabra to the sole negli9crtcc Of GiMMor�, Grantor tugwrecs not to unset raaos• str1wolF:,s' alt sand u4sement. DATED this 10A day of .tJs} 1980. STATE" Olr 1VASfll1'(ITON ) COUNTY OF Ct � a i ) SS. On dais d 40 before me. the undersigned• a jN000)^ l"ubl` , duh• catmnvt+sioncd :outs+rorn. pc�rstvt a tw appwrztrcd before me �1 G to me know it to be the indh�nluaal_Ydcscribcd in and %vbo cx%ul,t i'ttae awititin Gond for cgoing onsa�ament,.aud 4cknowleidgexsaid "instroment to b4 ........ ..Irak and soluntnrwy stere stud deed for the uses arld purposes tbuc n m nr ncd. e r, h+4'lr�T'„ T"i pC ftI3E0r,1havehereuntosetmyhandandaffixedmynotarialsr;dthedryandyearinthis p a tir r+st�t,n�g writ en. VOL. 72ptiGE0376 ��Ilubliofort C. t41% f m"hinglon. 9008 24012 7'g �.a residiat n 12 Exhibit "A" That portion of Tracts 138 and 143, MEADOWDALE BEACH, according to the plat thereof recorded in Volume 5 of Plats* Page 38, records of Shobomlsh County, Washington, described us follows: Beginning at the Northeast corner of sold Tract 1301 thence North 89006143" West, along the North title of said Tract 138, a distance of 150-06 1`00t to an Intersection with a line drawn parallel whb and lying 150.00 feat Westerly of the rest line of said Tract 138; thence South 0044143" East, along said parallel line, a distance of 200.00 feet-, thence South 77009150" East, a distance of 108-89 real to the point of curve of a curve to the right having a radius of 25, OD feet; thence Southeasterly along the are of sold curve to the right and consuming a contral angio or 7602510711, a distance of 33.34 feet; thence South 004414311 East, a distance of 83.32 feet to an intarsettiOn With the line common to said, Tra,!ts 138 and 143; thence South 1 *37'30" East, parallel with tile East line or said Tract 143, a distance of $1.20 fact to an Intersection with the North line of 174th Street S«W, as said street is described in Parcel I of Deed recorded April U, 1977, under Recording No. 7704280201, records of SnohonAsh County, Washington; thence Scull) 8300$131" East, along sold North line, a distance of 25.28 feet to an intersection with the East line of said Tract 143; thence North 11137130" West, along said East line, a distance of 53,84 root to the Easterly corner common to said Tracts 139 and 143; thence North 1037'3011 West, along said East liska, a distance of $3,84 feet to the Easterly corner common to said Tracts 138 and 143; thence North 00'41143" %jest, along the rest line of said Tract 138, a distance of 329.65 feet to the POINT OF BEGINNING; EXCEPT the North 20"3.30 feet of the Fast 10.00 feet thereof. (ALSO KNOWN AS Parcel 2 of City of Edmonds Short Plat recorded under Recording No, 8303100246.) Situate in the County of Snohomish, State of Washington. galemint lacql1oft* Beginalngol tile Southerly most corner of OW41)0vo describee, Parom 2 of said Short Plat; thence North 01037130" West 53,44; thence Nnrth 0044'43" West 119.96 feet; thence North 89006'4311 West 25.0 real; thence South 0037'30" East 119.96 feet; thence South 01037'30" Fast 51.20 feet to the North tine of 174th Street S.W., thence South 83105'3111 East 25.28 feet to the POINT OF BEGINNING. VOL. 237 2PAGE0377 9008 2401.2 7 $r:'�i"reWaW� t xs['� �5 a +iu �r, ✓� 1 M 41, 2���i , �� G it tri ,.' :: "rrry a°F n� �..,. r yru'.+f q r i��y6 wd a r .„:` �a"� �r�i'a; .• .,. „� r.. v V a r 40444, , r +�6 C7 a r b i CITY -CLERK s„ clvlc center '' &,, 9 r Edmand., Washington .” k 1 fv� D '` p,. ORDINANCE NO. 2014 fl AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,%r�h tC VACATING A PORTION OF 174TH STREET SOUTHWEST IN THE VICINITY OF 71ST AVENUE WEST IN THE CITY OF err, dWt3 EDMONDS, WASHINGTON. WHEREAS, the petition to vacate a street was filed {I a with the City Council of the City of Edmonds, signed by the owners of more than two thirds of the property abutting upon property dedicated for street purposes, located in the City y e^M of Edmonds, being a portion of 174th Street Southwest in the s I vicinity of 71st Avenue West, more particularly described in the attached Exhibit "A" which is incorporated herein by a this reference, and WHEREAS, the City Council of the City of Edmonds,'"" ar Washington, did, by Resolution No. 399 of said City, duly 4'y, adopted on the 2nd of May, 1978, set the 6th day of June, 1978, at the hour of 7:30 p.m., of said day, for the hearing 7. and determination on said vacation, and at said date and time the City Council continued the hearing to August 15, 1978, at 7:30 p.m., and I� WHEREAS, it appears to the City Council that said t portion of 174th Street Southwest in the vicinity of 71st g Avenue West should be vacated, and the said City Council does herebydetermine to vacate the same, as hereinafte I' rjx� forth, and the City Council finding that there will to significant adverse environmental impacts, now therefore, " THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, +v l ? DO ORDAIN AS FOLLOWS: 1'L03100160 1 V02PAg 43 p f J Yp s PP x V 7, iT' x C " r CITY CLERK Civic Center Edmonds, WasWnpten i Section 1. The following described street in the E City of Edmonds, Snohomish County, Washington, being a portion •"$,mfy Y V k"r ,fir of 179th Street Southwest, in the vicinity of 71st Avenue West, legally described in Exhibit "A", attached hereto and incorporated wig in full by this reference, is hereby vacated. :Y•`'•� Section 2. The City Clerk is hereby instructed to file a certified copy of this ordinance with the Snohomish County i Vu Auditor. Section 3. This ordinance shall be in full forcer,and effect five days after passage and publication by posting as provided by law. APPROVED: tip r, YpR. B. Harr sa.>�C, ....�,. ..... ATTEST/AUTHENTICATED: d ac, T IT ERI , z er Vsaaticsy : r;ran" _ u APPROVED AS TO FORM::. OFFICTHE CITY ATTORNEY = - o 0O By Q m FILED WITH THE CITY CLERX: August 8, 1978 — Q „�-�• d PASSED BY THE CITY COU14CIL: August 15, 1978 W POSTED: AUguSt 16,1978 EFFECTIVE DATB* August 21, 1978 �rlU a "ti h, VOL J702 FACE 44 8103100.160 p' e 4,, M �' ry I wv`p, ,y .Fri xe ' r a "Vir r� S L{ t ii C m ra�V;w�uuvpy""i?�"��I"'�I '!"fit§. ...,. �„«...»,..�..a,'Pi""N::. ^F„•— .—rt ,a";„..,�„„,� ��}” „ CITY CLERK civic center I, " EAlnnn'.s, l';a.nington Y AW P97�"�9 136;M�t PROPOSED RIGHT-OF-WAY VACATION „ 174 TH. S T. S.W.VOLV02fAGE .43 EXHIBIT "A DRAWING N0. 101.3 4:141,11T I MIT o N, 144 0 a z3 �^ nw ` � � � � '` ria ✓�:� zir��� 4 a�, p 445 4 All, q. 9 ' � m D 135 mob. t 9 to 154 RIC Ci e a 11 T 2 3 Lu "". m B iE 2 3 u:Cr* I SW. I Cr h �. a :ADOW DALE 154 PROPOSED RIGHT-OF-WAY VACATION „ 174 TH. S T. S.W.VOLV02fAGE .43 EXHIBIT "A DRAWING N0. 101.3 4:141,11T I MIT o Y w er oz's �t� N �'��wy V 7., ppp �' 'h1,i' 'r{"1 p'1LA ( Y "n"^y"p?•^"�,e"""" p` "u'v ... x,m.� vuvu✓a»r �.✓:F""r a..< 1 m L'e.. d n , . ." 1 .i .,. +''" , e,u .s (d Ib m w+A�"0 pan. f�Puo� .V,� CITY CLERK }Ma clvle Center Edmonds, Wnehln8lan That portion of the SWJk of Section 8, T27N, RGE, W,M„ being more particularly §� k yyyM t described as follows: "T.", T. a That portion of the North 15 feel of Tract 143 Me d wdale Beach as recorded in Volume 5 of plats page 38 Records of seotnmis0CountyWashington, and& the 5outl 15 feet of Tract 138, Mendowdale Reach, lying onaterly of the yl West line of 71st Avenue west projected northerly as deeded under auditorsfile v,��"haw �. Meadowdale o dale9Se Beach tsrnthat recorded irrVolume lon 5offtNovth 3ast t 45^ e Plats, pap Records of � # ^,r t Snohomish Count;y, Wash�Lnr,ton lyin westearly of the e4st lina ofatile 4lw,la Records °ta of Cherry Crest as per '@ faut recor ed in Volume 34 of Plats °on r of said county projected northerly. � aPr(* 1 0. % � Qy�am 4'yi M✓ I yr a z ,ym w In"! P � a t t, r . y ;VGLVWPAGE 46 X03100 160 �.�. PROPOSCD RIGHT -CF -WAY VACATION_ n �y , "�'� z�" "� ,�. CITY 01— .EUMONDS a v ! EWGINCERING DIVISION 174 TH.ST.S.W. ` \ PUBLIC WORKS DEPT EXHIBIT "A!' DRAWN BY OLD 19/13/77 1013 ORD.WO. _: DRl11YING N0. 886 4 Eh AFFIDAVIT OF POSTING ORDINANCE ••KM k W � STATE OF WASHINGTON ) . $x� h �F sworn 'r ` kis k stated herein„ ti .z r. r ✓ r r , , M " all passed by the City Council on the /5� day of 197_1, , at the three official pasting places CIN CLERK civic Cvicecv ; for City notices which are the public bulletin boards at Edmonds, M1A"ewslMitl OD - 4 Eh AFFIDAVIT OF POSTING ORDINANCE ••KM STATE OF WASHINGTON ) . $x� COUNTY OF SNOJJOMIS➢ being first duly sworn 'r on oath deposes and says that s he is over the age of eighteen kis (18) years and is competent to testify as to the matter stated herein„ r h On the /G tis day of tLGs 1978 , affiant posted true and correct copies of the attached Ordinance No. M " all passed by the City Council on the /5� day of 197_1, , at the three official pasting places for City notices which are the public bulletin boards at xs the following locations: Edmonds Civic Center {� "• 250 Fifth Avenue North zko�r Edmonds, Washington 98020 Edmonds Public Library Civic Center 250 Fifth Avenue North i Edmonds, Washington 98020 Edmond Branch of the United States Post Office 201 Main Street „ Edmonds, Washington 98020, R DATED this day of1978 ja SUBSCRIBED AND SWORN to before me this day of 11 dsweeu5i 197k. h4 m, N a Pu can or the f.F ta. y 8103100160 State .shin on, residing t u Ub ` at L 7 4.,,. v' a r W � t" ITY CLERK 47 �� cwio center Edmond., W-01-11t0A r ORDINANCE NO. 2014 CI"N E P V t Y u, IN yn REQClIRI*'D AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, �'"'.4si':N ��CY�Mdry X��'rv��:1•V���° ... �bo�M1�/�iPi.d.1.��.'�4YFM�4.+/�'S���",:dV�09Se�"'M1�4;"YE �,�' ���4A4'M1, +��" '�',�'., 1� r Np ry ' y • , ' ° THE VICINITY OF 71ST AVENUE WEST IN 'THE CITY OF • y� ' a I OF THE CITY OF Nfl�S FEB -51981 EDMONDS, WASHINGTON. ...._ d , i+'�•:w x � t" ITY CLERK I^ o W " I HEREBY CERTIFY T � ' cwio center Edmond., W-01-11t0A r ORDINANCE NO. 2014 CI"N E P t IN yn REQClIRI*'D AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, �'"'.4si':N ��CY�Mdry X��'rv��:1•V���° ... �bo�M1�/�iPi.d.1.��.'�4YFM�4.+/�'S���",:dV�09Se�"'M1�4;"YE �,�' ���4A4'M1, +��" '�',�'., 1� u��L �Ca i..,^ MY OFFICE AS FA�� ' OF CIALR CORDS ry ' y • , ' � d , i+'�•:w x � t" ITY CLERK I^ o W " I HEREBY CERTIFY T � ' cwio center Edmond., W-01-11t0A k AND CORRECT COPY Ori,'F1G1"FILE ORDINANCE NO. 2014 CI"N E P t IN REQClIRI*'D AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, W MY OFFICE AS FA�� ' OF CIALR CORDS ry ' y • , ' ° THE VICINITY OF 71ST AVENUE WEST IN 'THE CITY OF I OF THE CITY OF Nfl�S 8 f O° ORDINANCE NO. 2014 CI"N E P t cNO SALES TAX ., ,•,. REQClIRI*'D AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, W VACATING A PORTION OF 174TH STREET SOUTHWEST IN THE VICINITY OF 71ST AVENUE WEST IN 'THE CITY OF FEB -51981 EDMONDS, WASHINGTON. I 149 By p ! pgpepy SE;REAS, the petition to vacate a street was Filed with the City Council of the City of Edmonds, signed by the 4 owners of more than two thirds of the property abutting upon property dedicated for street purposes, located in the City � �. of Edmonds, being a portion of 174th Street Southwest in the vicinity of 71st Avenue West, more particularly described in t the attached Exhibit "A" which is incorporated herein by n r this reference, and RIMY y WHEREAS, the City Council of the City of Edmonds, tTefi Washington, did, by Resolution No. 399 of said City, duly � f adopted on the 2nd of May, 1978, set the 6th day of June, 1978, at the hour of 7:30 p.m., of said day, for the hearing and determination on said vacation, and at said date and time the City Council continued the hearing to August 15, 1978, at 7:30 p.m., and 41 WHEREAS, it appears to the City Council that said i portion of 174th Street Southwest in the vicinity of 71st fir Avenue West should be vacated, and the said City Council ¢I does hereby determine to vacate the same, as hereinafter set forth, and the City Council finding that there will be no significant adverse environmental impacts, now therefore, 17, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AS FOLLOWS: 1V0LjGg8rn0E2885 - 8 f r Yx� Section 1. The following described street i, � ` City of Edmonds, Snohomish County, Washington, being a po n +,,•s, of 174th Street Southwest, in the vicinity of 71st Avenue West, legally described in Exhibit "A", attached hereto and incorporated in full by this reference, is hereby vacated.'` %n. gection 2. The City Clerk is hereby instructed to file a certified copy of this ordinance with the Snohomish County i p K9 Auditor.' i � i Y Section 3. This ordinance shall be in full forcer.and effect five days after passage and publication by posting as provided by law. APPROVED: MAY H. Harr . ATTEST/AUTHENTICATED: Le'CIVCLERK, ti a^reFM-oaraCY APPROVED AS TO FORM: OFFIC THE CITY ATTORNEY By f FILED WITH THE CITY CLERK: August 8, 1978 PASSED BY THE CITY COUNCIL: August 15, 1978 POSTED: August 16,1978 EFFECTIVE DATE: August 21, 1978 CITY CLERK Civic ctflVAC 8102050273 _2_ iv0L iG98?Al2,2886 IMM" T "ell Y A r Yx� Section 1. The following described street i, � ` City of Edmonds, Snohomish County, Washington, being a po n +,,•s, of 174th Street Southwest, in the vicinity of 71st Avenue West, legally described in Exhibit "A", attached hereto and incorporated in full by this reference, is hereby vacated.'` %n. gection 2. The City Clerk is hereby instructed to file a certified copy of this ordinance with the Snohomish County i p K9 Auditor.' i � i Y Section 3. This ordinance shall be in full forcer.and effect five days after passage and publication by posting as provided by law. APPROVED: MAY H. Harr . ATTEST/AUTHENTICATED: Le'CIVCLERK, ti a^reFM-oaraCY APPROVED AS TO FORM: OFFIC THE CITY ATTORNEY By f FILED WITH THE CITY CLERK: August 8, 1978 PASSED BY THE CITY COUNCIL: August 15, 1978 POSTED: August 16,1978 EFFECTIVE DATE: August 21, 1978 CITY CLERK Civic ctflVAC 8102050273 _2_ iv0L iG98?Al2,2886 IMM" T — RIGHTOF—WAS VAC AT IO N P N pyM � � .; V I �I "� • � � 6. MI `n, � �l �• ,, � � I 1q I s �pp A V Y F apo a �;'� '� � Yar q•' F R � i60 p p,PM � 1� i Ile I. lO S A A N e T6 PL S F, I I8 ACRE I I P. f t � a 155 . 'fl --M 4n rlc "M E I k t CITY OF EDMONDS ENGINEERING DIVISION .a, PUEILIC WORKS DEPT. A.., 5 wr, •wrr,.na.nw,rrn-nry DRAWN BY.OLD 17/13/77 ORD NO, r CHWf� RES NO. w? �' ,a ti g r �A 4 " , R q, IFa3.` "•�.,Jk`L4 a"' v GaC+,. J °Y '"..' M:.L'� h.�w E;4 n4� G r��v+, ,` .. 4 144:-. Ld 4 6 CC CC 145 t , J a � �� �p S ISO, 154 B ti. •,' 0 3 p, rt 6 1 o. c. c I I z s a ❑i 3 W ¢ 19 aw m g x 9> z Q G 3 �, W 5 ct - I s , sw 10: 4CITY CLERK D WDALE 154 civic center Edmonds, Washington S` RIGHT-OF-WAY VACATION 174 T H. S T. S.W. 33 EXHIBIT DRAWING NO. 101.3 ' tl C4rrT t nR AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON COUNTk OF SNOROMISI o being first duly sworn on oath deposes and says that s he is over the age of eighteen e p4 i, { years and is competent to testify as to the .matter stated herein. On the day of eIct•t . 1978 , affiant *fir,w ,.p^ posted true and correct" copies of the attached Ordinance No. o7oi�, passed by the City Council on the /S Ksi ^4� day of 5f w � Iry a 197 8, at the three official posting places �v ^ w ` for City notices which are the public bulletin boards at the following Locations: Edmonds Civic Center ^ }✓, 250 fifth Avenue North wok 46 u r Edmonds, Washington 98020 'W Edmonds Public Library a� �rfii Civic Center d 250 Fifth Avenue North b Edmonds, Washington 98020 � Edmond Branch of the �� '!t United States Post Office cep 201 Main Street Edmonds, Washington 98020, R„ DAZEDthis day of �r 1978 'r�1Po SUBSCRIBED AND SWORN to before me this L� day of 197k. � �'r� as M '�`��_• .RgFr� Pyabl a ci an or 't,he State o ashin on, residing at It 'VOL „ w P4yf2B88 u t y y a DATED thug gay,', day o 19 STATE OF WASHINGTON as: COUNTY OF SNOIJOHISH On this day personally appeared before me JOHN H. TAYLOR to, me known to be the Individuals: descriVed in and who executed the within and foregoing instrument and acknowledged that he signed the same as his rea and voluntary act and dead, for 404,,Vurpooeo therein mentioned. Given under my hand and official seal thist&,L day of NO SALES TAX vl0, i REQUIRED Notary Fsabl C and fo 't residing at STATS OF WASHINGTON) MAR I 11983 COIJ14TY or On this day personally appear,u rEORCE F, LINDSAY, JR,,, to me known to t4 the A; sd , individual described in and who executed the '�iLhin, and f0r88008 Instrument, and acknoRlsdaed that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mevitioned. GIVEN under my hand and official seal this day of NUTHORIZEDlog 03100,Q rOR RECORDING a or%tha 5 ate o as ngton CITY 7r resid it'at —Z— ell, 0 CITY CLERK CM. camer CITY OF EDMONDS Fdma.dg, Washington RECLU- OF SHORT SUBDIVISTON- Th a is to certify that the properti as as shown on the attached map (Exhibit "A") and described as follows: See Exhibit "B" havebean divided under the provisions of the Edmonds Subdivision Ordinance (SOC.12.10) FileO N:. S-21-81 subject to the following conditions and requirements: I Exhibit "C" Hold Harmless Agreement 2: A tree cutting plan must be approved with building permit for Lot N2; 3. A twelve foot driveway and vehicle turnaround must be provided with building Permit for Lot 02; 4. All homes must be connected to City water mains; S. All homes must be connected to sanitary sewer, 6. SuWt and obtain approval of site drainage per ordinance 1924 for new construction; 7. All new construction an Lot 2must be serviced with underground wiring in accordance with Ordinance 1387; 8. All excavation and grading shall conform to the requirements outlined in Chapter 70 of the Uniform Building Code, with building permit; ALL REQUIREMENTS MUST BE MET AND ALL IMPROVEMENTS MUST BE INSTALLED PRIOR TO ISSUANCE OF BUILDING PERMITS. Ll we certify that I/we are the legal owner(a)'of the property described above. I/we warrant that all representations are true and correct and understand that in the event of any misrepresentation or failure to comply with the conditions and regulations set forth herein, the City of Edmonds shall have the right to declare the subdiviai void . and record a statement to that affect in theGranter-Gr tee's I vi the a aof the Snohomish County Auditor. SIGNED: M, TA DATED thug gay,', day o 19 STATE OF WASHINGTON as: COUNTY OF SNOIJOHISH On this day personally appeared before me JOHN H. TAYLOR to, me known to be the Individuals: descriVed in and who executed the within and foregoing instrument and acknowledged that he signed the same as his rea and voluntary act and dead, for 404,,Vurpooeo therein mentioned. Given under my hand and official seal thist&,L day of NO SALES TAX vl0, i REQUIRED Notary Fsabl C and fo 't residing at STATS OF WASHINGTON) MAR I 11983 COIJ14TY or On this day personally appear,u rEORCE F, LINDSAY, JR,,, to me known to t4 the A; sd , individual described in and who executed the '�iLhin, and f0r88008 Instrument, and acknoRlsdaed that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mevitioned. GIVEN under my hand and official seal this day of NUTHORIZEDlog 03100,Q rOR RECORDING a or%tha 5 ate o as ngton CITY 7r resid it'at —Z— -. r._ M .r7ak*r,r+... +7 , g+.i"y,,, s , `'"39ow" w��'1�?'�Aa'� 7,�'•� k,,rF,^. S N0, S-2141 wFILE k + EXHIBIT "C" $ 4Y owners, and all persons having any present or subsequent - ownership interest in these lands, and the successors and hra; assigns of owners or other parties having any said interest,$+ y hereby agree that the City of Edmonds shall be held harmless in all respects from any and all claims for damages for in- ; junctive relief which may be occasioned now or in the future r '.,;•N to adjacent land or improvements by reason of the construction, operation and maintenance of the drainage system and hereby w and release the City of Edmonds from any and all claims. ��i • waive for damages, excluding damage caused solely by an act or '. x.j� � h 1 Md�6 w,h of said City and injunctive relief which the owners; 17,Y omission or their successors or assigns, may themselves have now or in the future by reason of the construction, maintenance ands^,,',",a operation of said drainage system. l x, t1" tLurio=EC: FOR RECORDING i3X Op' �ER� k7 of r".Page Mr• y SUBDIVIVON FOR CITY CLERK Clvic Center M. My—LOR.., Edmonds, Washington IN SECTION a. -r v 11 COMON09, V;AS?441 NZIli EXHIBIT A I. �Ni4l LOT I ... .. ...... LFWIS A. WAR2150N . .. . . . ... �q AUTHORIZED FOR RECORDING CITY OF N S Sy Page or E2NeSr W F___ 8VILOWG SET -BACK LiNa ,r�APPRO-YIF' ars4wrARK GISTROM GARY B. MILLER tSNOWOMISH COUNTY 71, MEW-Wr A. 5 CDQ?41CK JAMES L. L0_1 0 /- El2lC_-`Y PAJ W. O7 246 UpE S. SCHQAMUNG lVlal lTx= Sma'Mn. KA!MM 0= "wo""M 101MA •11O2,I—"_I� j WA12LAN W. BELL - jTr Galas WLI7-malr14 ao-�; 4 VACATED 1747w� iZ WUIAM O. DALE SAkAHI EE 86ANIMNSWI le0AM CITY OF EWAONOs P. W. DEPT. ENGINEERING ON, ? ,r�APPRO-YIF' ars4wrARK 5JOE SCWCR 64SEMCA�7' GARY B. MILLER tSNOWOMISH COUNTY 71, MEW-Wr A. 5 ROY A. T- lqal$� 9ATTER50N mm w QD CITY OF EOMONOS law 4 5 J0 I . .w - 71, MEW-Wr A. 5 CDQ?41CK JAMES L. L0_1 0 /- El2lC_-`Y PAJ W. 246 UpE S. SCHQAMUNG lVlal lTx= Sma'Mn. KA!MM 0= "wo""M 101MA •11O2,I—"_I� j - jTr Galas WLI7-malr14 ao-�; 4 2 MMFMZOIe • r�7r ,� t FAIT -1 • sunelon • UlMopmenl ComulM Adz • Plennm August 13, 1981 LSA File No. 80-654 EXHIBIT B LECAL 0E C IPTIONS FOiT JOHN M. TAYLOR SHORT SUBDIVISION ENTIRE PARCEL The east 150 feet of Tract 138, Meadowdale Beach, according to the plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington; EXCEPT the north 209.6 feet of the east LO feet thereof; ALSO the east 150 feet of Tract 143, Meadowdale Beach, according to the plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, lying north of north line of 174th Street S.W. as said street Is described in Parcel 1 of Deed recorded April 28, 1977 under Auditor's File No. 7704280201. PARCEL 1 That -portion of Tracts 138 and 14:3, Meadowdale Beach, according to the Plat thereof recorded in Voiume 5 of Plats„ on page 38, records of Snohomish County, Washington, described as followsz (Beginning at the northeast corner of .said Tract 138; thence N 8940614311 W along the north line of said Tract 1380 a. distance of 150..06 feetto an intersection with a lino drawn pa'r- allal with and lying 150,00 feet wrtsterly of the east line of said tract 1381; thence 8 00441439" E, along said parallel Line, a. distance of 200«O0 foam to, the True Point of Beginning of this description; thence S '7740.9150" E, a distance of IO8,89 'foot to the point of Curve of a curve to the right having a. radius of 25.00 feet; thence southeasterly, along. the arc of said curve to the right and consuming a central angle of 76'°2510711, a distance of 33.34 feet& thence S 01144143" E, a distance of 83.32feat to an intersection with the,line common to said Tracts 1.38 and 1.431 thence S 1437130", E, parallel with the east line of said Tract 143, a distance of $1.20 feet to an intersection with the north line of 174th Street S.W. as said street is described In Parcel l of Deed recorded April 28, 1977, under Auditor's File No. 7704280201, records of Snohomish County, Washington; thence N 83405131" W, along said north line, a distance of 12.6.31 feet; thence Nq 143713011 W, Parallel with the cast line of said "Tract 1431 a distance of 38.03 feet to an intersection with the line common to said Tracts 138 and 143; thence N 0444143"a W7, Parallel with the east line of said Tract 138, a distance of 1.29.54 feet to the True Point of Beginning. PARCEL 2 That portion of Tracta 138 and 143, Meadowdale Beach, according to the plat thereof recorded in Volume 5 of Plats, an Page 30,. records of Snohomish County, Washington, described as follows: Beginning at the northeast corner of said Tract 138; thence N 89006143" W, along the north line of said Tract 138, a distance of 150.06 fact to an Intersection with a line drawn par- allel with and lying 150,00 foot westerly of the east lime of said Tract 138; thence S 04441439" E, along said parallel line, a distance of 200.00 feet; thence S 7740915011 E, a distance of 108.89'feet to the point' of curve of a curve to the right having a radius of 25.,00 feet; 'thence southeasterly, along the aro of said curve to the right and consuming a central angle of 830310024 CITY OF EDMON09 P. WN DEPT', NUNNi;ER;NO DIV, E%AN '!U ,W23100 100TH W. EDMONDS, WASH. 95020 PHONE 7751509 $'81 U r l0 lTa: 777 W 3 , lyl. r.1 CITYpCLERK Clvlc dwt& LCnIB F. AE Eanvanr)'x, ws Lovell-Sauerland & A slsociatesP Inc. MMFMZOIe • r�7r ,� t FAIT -1 • sunelon • UlMopmenl ComulM Adz • Plennm August 13, 1981 LSA File No. 80-654 EXHIBIT B LECAL 0E C IPTIONS FOiT JOHN M. TAYLOR SHORT SUBDIVISION ENTIRE PARCEL The east 150 feet of Tract 138, Meadowdale Beach, according to the plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington; EXCEPT the north 209.6 feet of the east LO feet thereof; ALSO the east 150 feet of Tract 143, Meadowdale Beach, according to the plat recorded in Volume 5 of Plats, page 38, records of Snohomish County, Washington, lying north of north line of 174th Street S.W. as said street Is described in Parcel 1 of Deed recorded April 28, 1977 under Auditor's File No. 7704280201. PARCEL 1 That -portion of Tracts 138 and 14:3, Meadowdale Beach, according to the Plat thereof recorded in Voiume 5 of Plats„ on page 38, records of Snohomish County, Washington, described as followsz (Beginning at the northeast corner of .said Tract 138; thence N 8940614311 W along the north line of said Tract 1380 a. distance of 150..06 feetto an intersection with a lino drawn pa'r- allal with and lying 150,00 feet wrtsterly of the east line of said tract 1381; thence 8 00441439" E, along said parallel Line, a. distance of 200«O0 foam to, the True Point of Beginning of this description; thence S '7740.9150" E, a distance of IO8,89 'foot to the point of Curve of a curve to the right having a. radius of 25.00 feet; thence southeasterly, along. the arc of said curve to the right and consuming a central angle of 76'°2510711, a distance of 33.34 feet& thence S 01144143" E, a distance of 83.32feat to an intersection with the,line common to said Tracts 1.38 and 1.431 thence S 1437130", E, parallel with the east line of said Tract 143, a distance of $1.20 feet to an intersection with the north line of 174th Street S.W. as said street is described In Parcel l of Deed recorded April 28, 1977, under Auditor's File No. 7704280201, records of Snohomish County, Washington; thence N 83405131" W, along said north line, a distance of 12.6.31 feet; thence Nq 143713011 W, Parallel with the cast line of said "Tract 1431 a distance of 38.03 feet to an intersection with the line common to said Tracts 138 and 143; thence N 0444143"a W7, Parallel with the east line of said Tract 138, a distance of 1.29.54 feet to the True Point of Beginning. PARCEL 2 That portion of Tracta 138 and 143, Meadowdale Beach, according to the plat thereof recorded in Volume 5 of Plats, an Page 30,. records of Snohomish County, Washington, described as follows: Beginning at the northeast corner of said Tract 138; thence N 89006143" W, along the north line of said Tract 138, a distance of 150.06 fact to an Intersection with a line drawn par- allel with and lying 150,00 foot westerly of the east lime of said Tract 138; thence S 04441439" E, along said parallel line, a distance of 200.00 feet; thence S 7740915011 E, a distance of 108.89'feet to the point' of curve of a curve to the right having a radius of 25.,00 feet; 'thence southeasterly, along the aro of said curve to the right and consuming a central angle of 830310024 CITY OF EDMON09 P. WN DEPT', NUNNi;ER;NO DIV, E%AN '!U ,W23100 100TH W. EDMONDS, WASH. 95020 PHONE 7751509 $'81 U r l0 lTa: 777 W 3 , lyl. r.1 CITY CLERK Civic Cenler Edmonde, washinvitan EXHIBIT 9 (cont.) PARCEL 2 (Cont'd.) 76025'07", a distance of 33.34 feet; thence S 004414311 E, a distance of 83.32 feet to an Intersection with the line common to said Tracts 138 and 1431 thence S 183713011 E, parallel with the east line of said Tract 143, a distance of 51.20 feet to art Intersection with the north line of 174th Street S.W. as said street Is described in Parcel I of Deed recorded April 28, 1977, under Auditor's File No. 7704280201, records of Snohomish Countyp Washington; thence S 8300513111 E, along said north line, a distance < of 25.28 feet to an Intersection with the east line of said Tract 143; thence N 113713011 W, along said east line, a distance of 53.84feet to the easterly corner common to said Tracts 138 and 143; thence N 004414311 W, along the east line of said Tract 138, a distance of 329.65 feet to the point of beginning. EXCEPT the north 209.60 feet of the east 10.00 feet thereof. Y I d;� 8363100246 3, AUTjj0PIzED FOR ti W� W,— " - , 'RV CITY OF EDMONDS 'DEPT. EN CITY INS P Vj GINEERiNG DIV- , . P. I ONP.O. of "Now F.+r,,a r. ttmt o •V' rvJ yr a„mnwa a; @!�"@a. i.,.W+y. iilY'✓'iM Y'e 2pAA'.�.V .✓ era: .. :'WY"dIrvWW*,zNW I,' s ” S CITY CLERK civic center I ,- SANITARY SIDE SEWER EASEMENT Edmonds, wusmnplan E TO ALL WHOM THESE PRESENTS CONCERN: Q Notice is hereby given that GEORGE F. LINDSAY, OR., as his separate estate, u " 1's'( and OOHN M. TAYLOR, a single man, owners of the following described property, situated in the County of Snohomish, State of Washington, to wit: , ft PARCEL 1 tYw7� That portion of Traota 138 and 143, Neadowdale Reach, sass -cording to ,the plat thereof recorded in Volume 5 of Plats, on page 38, records of Snohoksh County, Washington, described as follows: Beginning at the, northeast corner ; of said Tract 1.381 thence N 8900614311 W, along the north lima of said Tract 138, a distance of 150.06 feet to an Intersection with a line drawn par. a,llel with and lying 150.00 feet westerly of the east line of said Treat 138; thence S 0*4414311 E, along said parallel line, a distance of 200.00 Peet to the True Point. of Beginning of this description, thence S 77tl10915011 E, a distance of 1.08.69 feet, to the point of curve of a curve to the right having a radius of 25,00 feet; thence southeasterly, along the aro of said curve to the right and consuming a Cent'r'al angle of 7692.5107", a distance of 31F.34 'Peet; thence S 00441431 E, a distance of 83.32 feet to an Intersection with the line common to said Tracts 138 and 1431 thence S 103790" E, parallel with the east, line of said Tract 143, a distance of 51.20 Peet, to an Intersection with the north line'of 174th Street S.Wr as said street Is described in Parcel I of Deed recorded April 28, 1977, under Auditor's File No,, 77042802011 records of Snohomish County, Washington, thence N 83x"0513111 W, along said north line, a distance of 126.31 feet';: thence N 10371Wg W, Parallel with the cast line of said h, Tract 141, a distance of 38.03 feet to an intersection with the line , ' common to said Tracts 08 and 143; thence N 094414391 W, parallel with the east line of "I"d Tract 138, a distance of 129.54 feat to the.. True r `Point of Beginning. m. PARCEL 2 That portion of Tracts 138 and 1431 Meadowdale Beach, according to the plat thereof recorded in Volume 5 of Plats, on page 38, records of Snohomish; County, Washington, described as follows., Beginning at the northeast comer of' said Tract 138; thence N 09006143k1 W, along the north line of said Tract 138, a distance of 150.06 feet to an intersection with a line drawn par- allel with, and lying 150.00 feet westerly of the east line of said Tract 138; thence S 094414311 E, along said parallel lino, a distance of 200.00 feet; thence S 770091501" E, a distance of 108.89 feet to the Point of curve of a curve to the right having a radius of 25.00 feet; thence southeastarly along the arc of said curve to the right and consuming a central angle of 7602'5,07P1, a distance of 33,34 feet; thence S 0944143i1 E, a distance of 83.32 feet to an Intersection with the line common to said Tracts 138 and 143; thence S 1037130a1 E, parallel with the aas't line of said Tract 143, a distance of 51,20 feet to an intersection with the north line of 174th Street S. W. as said street is described In Parcel I, of Deed Recorded April 28, 1977, under Auditor's File No. 7704280201, records of Snohomish County, Washington; thence S 8390513111 'E, along said north line, a distance of 25.2E feet to an lnterseotion with the east line of said Tract 143; thence N 103713011 W, along said east line, a distance df 53.84 feet to the easterly corner common to said Tracts 138 and 143; thence N 00441431" W, along the east line of said Trao, 138, a distance of 3251,.65" feet to the point of ,beginning EXCEPT the north 209.60 feet of the east 10.00' feet' thereof: have constructed a sanitary sewer pipeline through' the.aforementioned Parcels 1 and 2 for the use and benefit of 'said Parcels, intending thereby to impose upon the aforementioned Parcels 1 and 2, an easement along the line of said sanitary, sewer pipeline as constructed. Therefore, a permanent easement, ten feet wide, AUTHORIZED No -9ALEs TAX Page, l of 2 Pages FOR RUU2� RECORDING CITry =FONr)S fw�wL �0 10 0 2�°� a MR Page �. Of 1- 1fY a" CITY CLERA civic center Edmonds, washington for the installation, operation and maintenance of said sanitary sewer pipeline, for the use and benefit of the hereinabove described Parcels 1 and 2, is hereby reserved, granted and conveyed unto the owners, their heirs, successors and assigns, of said Parcels 1 and 2, along the line of said sanitary sewer pipeline as constructed. When necessary to maintain, repair, clean or re -install the sanitary sewer pipeline, the beneficiaries of this easement shall have the right of entry for such purposes, provided, that, when such entry is necessary, any such activity shall be performed in a workmanlike manner with all reasonable haste, and the premises shall be restored to its previous condition as soon as is reasonably possible, with the costs of such activity and/or restoration being borne by said beneficiaries. This easement shall be a covenant running with the lands above described and shall be binding upon the parties hereto, their heirs, successors and assigns, forever. In witness whereof we hereunto set our signatures and seals this day of _r STATE OF WASHINGTON) SS. COUNTY OF SNOHOMISH) On this day personally appeared before me GEORGE- F. LINDSAY, JR., to me known to be the individual described in and who executed the within and fpregcing instru- ment, ag§ a. lodged that he signed the saine as his free and. voluntary act and -heed, fir tr as..s aped purposes therein Mcntioned. a tt GIVEN U#e * nd and official 'seal this 0-11-4 day of AWCA p " C_l .p[ 1ftAM11lWPnd p ! V 1"4 , "R 1•,•, � ' Not y Public In and for.. o • Washington, residing at d a Nov) S�t ° P J STATE OF WASHINGTON) SS., COUNTY OF%SNOHOMISH) On this day personally appeared before me JOHN M. TAYLOR, to me known to be the ;.-•.', individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned, GIVEN my hand and official seal this oW day of A w under 1999. w• ALIA^1^HORIZC7 � FOR y, u q cjo a a a R'ECTGLi7Ii' G Washington Ei & 88081002 � � ���,.�� � °Pagea )maga �M � 272 2 + 7 Pee` VOL I N�,w • aq. f P' ELECTRONICALLY RECORDED 201110280034 10 10/28/2011 08:21 AM 72.00 SNOHOMISH COUNTY, WASHINGTON KMILV 11ECORDEU, RFTURNTO-- FIRSTAMERICAffAfORTGAGE SERVICES moo oo 5UFERI0RAVFJV= SUITE JV0 CLEVELAND, OPIIO 44116 NATIONAL RECORDING ("5par„ee Above This Lkte For Recording Data) DEED OF TRUST 44#1WIP 7 (OPEN-END CREDIT - THIS DEED OF TRUST SECURES FUTURE ADVANCES) DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in drdtPons S. a. 13 and IS. Certain rules regarding the usage of words used In 9% document are also provided In Saction 11. *Sacuft t nt" means this document which is dated ockmw 18.2011 DebbA 0 W%* wW Stovea P Mae$. was and nomad borrower is the trustor under tilos Security instrument. (C)"Lender' Is Boeing Emptoysssa" Credit 1Mtoo. Lerwdar is a Credit Union organized and existing under the laws~ of the Sta.t.tt of Washington, Leltdkts"s addroes is P.O. box MSO. e, WashIrWon 911124.11FIlift Londw W the beneficiary under itch Secawrty Instrument (I"Tntuuutee" is rreeaw rnw�pre �aicrxe mason (E)"Ag " master the Credit Liras Account Varlabie Interest (tate Home I!qlft Seound, Open -End Crladtl Agrewiwwrt and Tndli-in-Lsnding Disclosum soW by Bonower and dated Otbber 1e, 2e11 . The Agreement a lt* Bonow may, f om time to lima, obtain advances not to exceed at say tune an am went equal' to to Moftum Creast Llrnat (aa dAned therleln) of I" hwOW ltry eaouew o wW00110a'""'"""-""- (US. S 2stt"0a 00 ) plus interest, Borrow has promised to leafy" this debt In regular Pedoft Payrnents and to pay the debt in full not tartar than 1w4r43s (lin) eclly" the property ft Is described below under Thew heading "Tcarerfer of Riglits in the Loan FtaforonW Number: 913 Abbreviated Legal Description:.# t r it y o s 4t rd 'd t Resit; rr nuwM'6 - c�3 w a.46, bifj A WAIP^ 4T04tAs 119 4 od 14 3,9104 04 MdqdN.a (e- �ddC" tory 4o -49, galW,lw.krr rte,>rdej I^ Volvene goat" pl4+s ,* 31, A"ass petty Tax Parcel Number, ogr�i3t Qari 138 12 2r« brio arra r sal a ru'�ts% lawn (t"s) "Loan" means the debt owed' under the AgreamarL plus int ask any late daws or other fears and chargee due under the sera, and all sums due under title Security Instrunlant, plus Interest. ("� "A,ptattcable Low" means all a federal. state and too f statutes, rsqutaiions, ordinances and admlintatrattve Weiss and orders Ghat have Me effect of taw) as welt as all applicaos Anal, non -appealable Judicial opinions. (q "Community Association Dua, Fees. and Assessments" means all dues, fees. assessments and other charges that are Imposed an Borrow or the Property by a condonidum association, h0msovlruars association or slm4ar organization. (J) "Eleratrofft Funds Tms%e maene any of fund% other than s Vansootion originated by check drA or similar paperInstrument ~Mutt~ Is MlaW through an elactrorilc termk* hstrument, computer, or magtxOc tape so as to order, Insbud, or outho = a Manclal kielltution to d@M or credit an account. Such tern IndWee, but Is not limited to, point -0f -sale tranders, aulonmW teller machine transactions, transfers initiated by telephone, wire transfers, and automated doxingliouse transfera. orasaat rWweat ca (jO* Wcatl Proceeds* nmiens any componssfion, "ems evard ok' do or procows ted by +y third party (other than Insursnoe proo9oft paid under the ooweragea described In Sedlon for: (ti) damage to, or destruction of. the PMPW. (M) oorderwrnsslrarr or other taking of aM or any" part of the , (M) noe In Mau of conowwwation, or (N) misnpreventatlons of or omissions as to. the vetue and/or condition of the Prcparty (L) "P*Kodlo Payment" meals the regularty scheduled amount due for principal and interest under the Agreament sol in Irdefoot any party that has taken Me to the Properly, whether oorrnot ) that party hat murned s Obligations the Aareement and/or We Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Ity lure to, Leader: () ttwe repayment of the Loan, and all Is, extensions and mod9kcallons of the : end (I1) ire pedorMimcilt of res and umrder this ecudty Instrument end the mt For this e Borrow y gmst muted oo +s to Trustee, In s4`,, with of sale,. �g �from In "Ili CMA" of sna mmim /Type of Rocoredng Judsd cOon)' (blame of Recording Jurisdiction) see 1"M eturlrn�nt which currently has the address of 7005 174th St SW Edmonds . Washington 88026 (property Address': TOGETHER WITH all 'the impro"ments now or hem' on the property, and MI egitem ant s, appudertamoas„ and Mxturas now or howashor a part of ire . AM (0010000"(ft mid additions shall also, be by this SeourMy Instrument AM of the foregoing is referred to in this Security Instrument as the "Property.' BORROWER COVENANTS that Borrvww Is salsad of Mae estate hereby conveyed and teas the right to tyrant and c n"yy the and Ihst the P Is unencumbered, except for encumbrances ofrecord. BormwYmnwst and wig defend generally the ilia 10 #* Propertl« agalnsl alt claims and demands, subject to arty encumbronrea of record. 'Soar and Lander covenant and folk: 1, Payment of PrrinolpwM, fnts *O4 Late Chargee or ether Faea and Chargees, SWQYWarralt pay when due d* principal of, and Interest on, the debt owed under the Agnsernent and later charges or other fares and charges due under the AgroomerC Payments, due tinder lthsa and We ecu0ty Instrurnent shall be made In U.S. currency, H M any check or other Instru rontt received by Lender as payment under the t or this + Instrument Is returned to Leader urvol d, Gender may resin lnolany or all subsergusnt psymente due under ant eruct ths Socurty Instrument be made In one or mors of Moa IbIloevwtng forums, as selected by Lander: (a) cash, (b) money order;. (c) certllfW chscK bank de*, lro"juraft chook or casnla s check, provided any such chock is drown upon an Instftsubw whose deposits are Insured by a faderal agovy. instrumentality, or onfity; or (d) Sodrock Farads Transfer. Paymonts are deemed received by Lender when r cetvel4 at the locallott desovitled In Me Agreement or at such other locslton as may be designoled by Lander In accudance wrlthh the notice provisions in 'Section 10, Lander may return any payrnsnt or partial payment If the payrlrent or p01W (~2000) payments are Insufficient to bring the Loan current. If Borrower has breached any covenant or agreement In this Security Instrument and Lander has accelerated the obligations of Borrower hereunder pursuant to Section 16 then Lender may accept any payment or partial payment insu i ficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments In the future, but Lender is not obligated to apply such payments at the time such payments are accepted_ If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Agreement immediately prior to foreclosure. No offset or claim winch Borrower might have now or in the future against Lender shag relieve Borrower from making payments due under the Agreement and this Security Instrument or performing the covenants and agreeorwts secured by this Security Instrument. 2. Charges; Llens. Borrow shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property. if any, and Commnily Association Dues, Fees, and Assessments. 4 any. 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, but only so long as Borrower is performing such agreement; (b) contests the Nen in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded, or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, If Lender deternArnes that any part of Ute Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying this lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 2. 3. Property Insurance. Borrower shall keep the improvements now existing or hereafter areclect an the Property insured against loss by fire, hazards included within the tens "extended coverage," and other hazards Including, but not limited to, earthquakes and floods, for which Lender requires insurance_ This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the tern of the Loan. The insurance canter providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrowers choice, which right shall not be exercised unreasonably. Borrower shall be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fags to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lenders option and BonvAmes expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lander, but might or might not protect Borrower. Borrowers equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 3 shall become additional debt of Borrower secured by this Security Instrument. These amounts shell bear interest at the rate chargeable for advances under the Agreement from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance pollcies required by Lender and renewals of such policies shag be subject to Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. if Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. H Borrower obtains any form of Insurance, coverage, not otherwise required by Lender, for dwr"o to, or doshxtlom of; the Property. such policy shall Inciude a Standard mortgage clause and shall name Lender as mortgagee amdfar as an additional toss payee. In the event of loss, Borrower shall give prompt notice to the irmuranos carrier and Lender. Lender may make proof of lops it not made promptly by Borrower. Lfnlew (Lender and Borrower otherwise agree in writinrf, any Insurance proceeds, whether or not the undert'ying Insurarm was required by Lender, shall be applied to restorsdon or repay' of the Prop", d the resioratlon or repair is economically'f and Lenders security is not lessened. During such repair and reslorabort ptxtod, Lander shell have the right to hold such insurance proceeds axetil LwKler has had an opportunity to inspect such Property to atrasure the work has been corrostect to Lender's satisfaction, provided that such .Inspection shall be undertaken pmonvdy. Lander may disburse proceeds for the repairs 04 restoration in a singhe pint o In a series of progress payments as the work is completed. Unless an ' Is made in curbing or Appliorable Law requires interest to be paid on such insuraoyce I)MOseft Lender shall not ole required to pay Bomoww arty« interest or earnings on such proceeds, Few for public adjustev^s, or other third retained by shalt not be paid out of the irmoance proceeds and shall be the sole obligation of Bornqwsa'. if the restoration or repair is not econwically feasible or Lenders stawvtiy wooWd be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. (papa 3 of 9) if Borrower abandons the Property, Lender may file, negotiate and settle any avagable insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender gist the insurance carrier has offered to settle a claim, than Lender may negotiate and settle the claim. The 30 - day period we begin when the notice is given. In either event, or if Lender acquires the Property under Section 16 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Agreement or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Agreement or this Security Instrument, whether or not that due. 4. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it Is determined pursuant to Section 3 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only tl Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior Inspection specifying such reasoinable, cause. 5. Protection of Lenders Interest in the Property and Rights Under this Sawrlty Instrument. If. (a) Borrower fads to perform the covenants and agreements contained in Udo Security Instrument; (b) there is a legal proceeding that might significantly affect Lenders interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enfort of a lien which may attain priority over this Security Instrument or to enforce laws or regulations); or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lenders interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairkrg the Property. Lenders actions can Include, but are not United to, (a) paylog any sums secured by a Ilan which has prtorlt,y over this Securilty Instrument. (b) appearing in count and (c) paying reasonable attorneys' fees to prolect ft interest in the Property andfa rights under this Security Instrument, Including Its s000red postto-n in a bankruptcy proceeding. Securing tae Property includes, but Is not limited to, entering the Property to make repairs. change locks, replace or board up doors and windows, drain water from pipes, allmlinale budding or other code violations or darVerous conditions, and have utlitles turned on or off. Although Lender may lake action under tris Sectors 5„ Lender does not have to do so and is not. under any duty or obligation to do so. It is aWead that Len , hours acs tiabdity for rull tatting any Or all actions authorized under ttaGs Section 5. Any amounts disbursed by Lender under this Section 5 shsSl' became additional debt of Borrower secured by this Security Instnunent. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. 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 shag not merge unless Lender agrees to the merger in writing. a Assignment of Miscellaneous Proceeds; Forfeiture. Al Miscellaneous Proceeds are hereby assigned to and shallbe pold to Lender. if the Properly is damaged, such Mlscetlanoous Proceeds shall be applied to restoration or repair of the Property„ if the restoration cc repair Is economically feasible and lenders security is not lessened. During such repair and restoration period„ Lender shat have the right to hold such Miscellaneous Proceeds until Lender hes had an tty to inspect such Property to ensure the work has been completed to Landers sailsWilon, provided that such inspecton shall be undertaken prorriptly. Lander may pay for" repairs and restoration in a sine. disbursement or in a $etas of progma payments as the, work is completed. Unless an agreement is made in writing or Applicable Law require interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Mlscallaneous Proceeds, If the restoralion or repair is not aoonomically feasible or Lenders security would be lessened'', the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the exoeas, If any, pard to Borrower. In the everht of a partial faidng. destruction, or loss In value of the Property In which the fat market value of the Property Prinmedlately before the Partial taking, dostnurtlon, or lass In value It equal to or greater than the amount of the Burns Secured by this SooAty Insbu meat hunedlaitely before the partial taking. destruction,: or kiss in value, useless Borrow and Lender otherwise mise In vMVn% the Burris secured ' by this Security Instrument shell be reduced by the amount of the Miscellaneous Proceeds h, a zv sl multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or lass in value divided by (b) the fair market value of the Property immediately before the partial laking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or d, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to 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 Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 'Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of adlon in regard to Miscellaneous Proceeds. Borrower shat be in default If any action or proceeding, whether civil or criminal, Is begun that, in Lender's judgment, could result in forfeiture of the Property or other material Impairment of Lenders interest in the Property or rights under this Security Instrument. Borrower can cure such a default arid, if acceleration has occurred, reinstate as provided in Section 14, by causing the action or proceeding to be dismissed with a ruling that, in Lenders judgment, precludes forfeiture of the Property or other material Impairment of Lenders Interest in the Properly or rights under this Security InstrumenL The proceeds of any award or claim for damages that are attributable to the Impairment of Lenders interest in the Property are hereby assigned and shall be paid to Lender. 7. 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 Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall riot be required to commence proceedings agauast any Successor in interest of Borrower or to refuse to extoid 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 any Su ors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lenders accoptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. B. Joint and Several Liability; Co-signers; Successors and Assigns Bound. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 13. Borrower covenants and agrees that BonvmWs obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but is not personally liable under the Agreement (a 'co-signer'): (a) is co-signing this Secuity Instrument only to mortgage, grant and convey the co-signers interest in the Property under the terns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Agreemen I without. the co-signers consent. 9. Loan Ch'erges. Lewder may charge Borrower fees for services performed in connection with Borrowers default, for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument, including, but not limited to, atomeys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by A,ppiicable Law. If the Loan is subject to a law which sets maximum loam charges, and that tow is finally interpreted so that the interest or other loan charges collected or to be coaled in connection with the Loan exceed the permitted limits, then: (a) any such ban charge shall be reduced by the amount necessary to reduce the charge to the pemaited 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 Agreement or by making a direct payment to Borrower. Borrowers acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 10. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in wiling. Any notice to Borrower in connection with this Secuity twastrument shall be deemed to have been given to Borrower when malled by first class mail or when actually delivered to Sorrowaes notice address if sent by other means. Notice to any one Borrower shell constitute notice to all Borrowers unless Applicable Law expressly requires otherwise_ The notice address shall be the Property Address ualeess Borrower has doalgnstod a substitute notice address by notice, to Lender. Borrower shall promptly ratify L~ of Borrowers change of address. If Lander spediftes a procedure for reporting Borrowers change of then Borrower shall only report a change of address through that specified procedure, There maybe only one designated notice adrlross under Ihls Security instrument at any one time. Any notice to Lender shaall be given by delivering it or by malting It by first class mail to Lender's address stated herein unless Lender has designated another gess by notice to Borrower. Any notice in connection with this Security instrument shall not be deemed to have been 6000 given to Lander until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument, 11. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal low and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Inswment are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or implicitly allow the parties to agive by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by conlracL In the event that any provision or clause of this Securlty Instrument or the Agreement conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Agreement which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include Ute plural and vice versa; and (c) the word "may" gives sole discretion without any obligatlm to take any action. 12. Borrower's Copy. Borrower shall be given one copy of this Security Instrument. 13. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 13, "Interest in the Property' means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred In a bond for deed, contract for deed, installment sales contract or escrow agreenwt, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in Nie Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of accelongion. The notice shall provide a period of not less than 30 days from the dale the notice is given in accordance with Section 10 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fats to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 14. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Sams" Instrument Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Agreement as if no acceleration had occurred; (b) aures 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, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligabori to pay the sums secured by this Security Instrument shah continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following farms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as N no acceleration had occurred. However, this right to reinstate shall not apply In the case of acceleration under Section 13. 15. Hazardous Substances. As used in this Section 1S: (a) "Hazardous Subs "" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental proles (c) "Environmental Cleanup' includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property: (a) that is in violation of any Envlronmandal Law; (b) which creates an Environmental Condition; or (Cl which, due to the presence, use, or release of a Hazardous Substance. creates a condition that adversely effects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Sures that are generally rowgNzed to be appropriate to normal residential uses and to maintenance of the Property (includlmg, but not limited to, hazardous substeocces in consumer products). r stall promptly give LaMar written notice of: (a) any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private parry involving the Properly (pap 6 d B) and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environments! Condition, in(»Wing but not limited to, any spit i% teakhg, discharge, ratease or threat of release of any Hazardous Substance; and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower hams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediatlon of any Hazardous Substance affecting the Property is necessary. Borrower shall promptly take all necessary remedlal actions In accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. 18. Acceleration; Remodlss. Lander shalt give notice to Borrower prior to acceleration following Borrowers breach of any covenant or agreement In the Agreement under which acceleration is permitted (but not prior to acceleration under Section 13 unless Applicable Law provides otherwise). The nodca shall specify; (s) the defisuNt (b) the action required to cure the default, (c) a date, not lase than 30 days from the date lite notice Is given to Borrower, by which the default must be cured, and (d) that fetttmre to awns the default on or before tare date specifted in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days In the future. The notice shall further Inform Borrower of the right to reinstate after acceleration, the right to bring a cant action to assaR the iron-existence of a default or any other defense of Borrower 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, Lender at Its option, may ratipwo trnmedlate, payment in fait of all shams secured by this Sacurtty Instrunwt wkhocut further demand and may Invoke that power of seta andfor any other remedies permitted by Applicable Law. Lsndor shall be ondfiad to collect aril expenses Incurred In pursuing the remedies provided In this Section 18, Including, but not limited to, reasonable atlonteys" fees and costs of title evidence. N Leander invokes the power of sale, Lander shall give written notice to Trustee of the occurrence of an avant of default and of Lenders election to cause the Properly to be sola. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Tinasleo, without dainand on Borrower, shall sell the Property at Public auction to the highest bidder at the time and place and under the terms designated In the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time and place fixed In the notice of sale. Lender at Its designee may purchase the Property at any sale. Tnastae shelf deliver to the purchaser Trustee"s eleed conveying the Property without any covenant or wwratnty,. exp or Implied.. The recitals In the Trusloos dead shall be prima facia avidenoe of the truith of flits staitemontis made therein. Trustee shall apply the proceeds of the sale In the following order: (s) to all expenses of the sale, Including, but not limited to, reasonable Trustee's and attorneys" fees, (b) to all sums secured by thle Security lne ti and ((;) any excess to the person or persons legally entittaid to N or to the cleric of the superior court of tho county In whirr the hole took place. 17. Reconveyancs, Upon payment of all stens secured by this Security lnstrunhent and termination. of Borrower's nii'Ity to oblain further advames under the Agreemoint, Lender shatil request Trustee to reconvey the PropeAy and shall surrender this Security Instrument and the Agreement evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property with-out warranty to the person or persons legally entitled to it Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance. 18. Substitute Trustee. In accordance with Applicable Law, Lender may from lime to time appoint a surxessor trustee to any Trustee appointed hereurder who has ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the tide, power and duties conferred upon Trustee herein and by Applicable Law. 11L Use of Prop". The Property Is not used paircipelly, for agricultural purposes. Ott. Attorneys" Fast. Leander shell be entitled to recover its reasonable attornays" fees and costs in any action or prooesdinglen 0onstrua or entdree any term of this Securityinstrurnarrl. The tern *'atlornM' fees,"' whenever used in this Security instrument, shall include without Ilmilelion attorneys" fern lncurred by Leader in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. (PW 7M91 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Security Instrwent, W ._� (Sa) Owner of Collateral (cher !bora Harrower) Debbie D Was Borrower (sib Owner ofCotlateral (other than Borrower) S~ P huts Borrower (Scary Owner of Collateral (other than Borrower) ,Borrrywer (Seal) Owner of Collateral (other than Borrower) •B,orrawer^ (papa 6 of a) STATE OF WASHINGTON, l-TL2C—County ss: On this %bq ' A t ?,G I t , before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared -Z>00bW- D , neo S—' wig -1,3 A /"►cam to me known to be the individuals) described in and who executed the foragoing instrument, and acknowledged to me that signed and seated the said instrument I- and voluntary act and deed, for the uses and purposes therein mentioned, WITNESS my hand and official seal affixed the day and year in this certificate above written. My Commission expires:,I —) 4 — 1 ':�-) hes rN a lic in d tsarjo a trt Washington residing at 1 REQUEST FOR RECONVEYANCE Ilk- G � +yOlnit To Trustee: The undersigned is the holder of the Agreement secured by this Deed of Taut. Said Agreement, together with all other indebtedness secured by this Dead of Trust, have been paid in full. You are hereby directed to cancel said Agreement 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. Date: OTBB OBJ WA (W) OTBS (VOT) ""9019) CogwW Oak TM StW W as SyMema, Ins, 1997-2006 A9 ROW Rnw. «... ,.,, Legal attachment for 2006343913 THAT PORTION OF TRACTS 138 AND 143, MEADOWDALE BEACH, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 5 OF PLATS, PAGE 38, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 138; THENCE NORTH 89 DEGREES 06 MINUTES 43 SECONDS WEST, ALONG THE NORTH LINE OF SAID TRACT 138, A DISTANCE OF 150.06 FEET TO AN INTERSECTION WITH A LINE DRAWN PARALLEL WITH AND LYING 150.00 FEET WESTERLY OF THE EAST LINE OF SAID TRACT 138; THENCE SOUTH 6 DEGREES 44 MINUTES 43 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 200.00 FEET; THENCE SOUTH 77 DEGREES 09 MINUTES SO SECONDS EAST, A DISTANCE OF 108.89 FEET TO THE POINT OF CURVE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT AND CONSUMING A CENTRAL ANGLE OF 76 DEGREES 25 MINUTES 07 SECONDS, A DISTANCE: OF 33.34 FEET; THENCE SOUTH 0 DEGREES 44 MINUTES 43 SECONDS EAST, A DISTANCE OF 83.32 FEET TO AN INTERSECTION WITH THE LINE COMMON TO SAID TRACTS 138 AND 143; THENCE SOUTH 1 DEGREES 37 MINUTES 30 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID TRACT 143, A DISTANCE OF 51.20 FEET TO AN INTERSECTION WITH THE NORTH UNE OF 174TH STREET S. W. AS SAID STREET IS DESCRIBED IN PARCEL 1 OF DEED RECORDED APRIL 28, 1977, UNDER RECORDING NUMBER 7704280201, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; THENCE SOUTH 83 DEGREES 05 MINUTES 31 SECONDS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 25.28 FEET TO AN INTERSECTION WITH THE EAST LINE OF SAID TRACT 143; THENCE NORTH 1 DEGREES 37 MINUTES 30 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 53.94 FEET TO THE EASTERLY CORNER COMMON TO SAID TRACTS 138 AND 143; THENCE NORTH 1 DEGREES 37 MINUTES 30 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 53.84 FEET TO THE EASTERLY CORNER COMMON TO SAID TRACTS 138 AND 143; THENCE NORTH 0 DEGREES 44 MINUTES 43 SECONDS WEST ALONG THE EAST LINE OF SAID TRACT 138, A DISTANCE OF 329.65 FEETTO THE POINT OF BEGINNING; EXCEPT THE NORTH 209.60 FEET OF THE EAST 10.00 FEET THEREOF. (ALSO KNOWN AS PARCEL 2 OF CITY OF EDMONDS SHORT PLAT RECORDED UNDER RECORDING NUMBER 8303100246.) SITUATED IN THE CITY OF EDMONDS, COUNTY OF SNOHOMISH AND STATE OF WASHINGTON. MILES 44180107 FIRST AMERICaN ELS OM END omm OF TROT ,I Chit'ag('�"ltle In .'anfce Company G^ FILED FOR RECORD AT REQUEST OF d _ INMEN RECORDED RETURN TO chem*..... Click L,,,�asiress.. 2T 0 ttltESilid UCP w..:IN l is 7�� ' Ih' 81st, xlp,,,,,..rasa.ve.wuv.,.,r..�.nir,B'lltll ..w.ORnsD ... , ....,.,". ".»".,.,.. ...",....., r j 1 TMS SPACE PROVIDED FOR RECORDER'S UEE: k j co t � i r......... .._ ..._..° Ea1249 Statutory Warranty Deed 00 14— )03!Q9 THE GRANTOR JOHN M., TAYLOR. :As his separate estate for and In consideration of TEN AND N01100 ($10.00) and other good and valuable consideration In hand paid, conveys and warrents to STEVEN P. MILES and DEBBIE D. MILES, husband and wife the following described real estate, situated in the County of Snohomish Stela ofWashington: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. WAL ESTAYE 9 Y AX AUG 16 04 �. G 1 iitl� d �w�.,.urW.'w«y.Y "µ.j� �µ Y ✓ YF '°+�"' � W � � ^r� 1'"�S k Tk ('. y UP, �Fvaaa a IPT;IF WOMAN Y vv4ut d 9 a p zt 6 Y Dated... ..,....,. A e w...? . 19,.. 8.4, 0 I M. Taylor, '"r dant STATE OF WASHINGTON ) STATE OF WASHINGTON } P Snohomish li e` BnOhomiB%s 7t r G a COUNTY OF..,...., .......... ....... COUNTY OF .,,. '. On this day personally appeared before mo On tide .,I.fth .. day o[ before me the undamlaned s Notary Public In and for the Slate of Washe John Ms for .............. ...... .. .Y; .........Ington duly otaesnkwabnaal and sworn peraaully appeared to me known to be the individual described in and John M. «Tay who executed the within and foregoing inativnrenk 7r ...». .....„, ...., ..........., ........«„,A ,,.. kdsareta y tac ioaod them co uatYon ties t o mxtwd N1we d t �� end acknowledged that ....lift. .. signed the same to me known to be the PrsaYdant lllfi for tJur aures lwrd'vurp rr,raaaa,, when, for atr auas and Pu*Pow Nha� 9�y ),ct u bill free end voluntary act arsd dead,ootiwof olY �tiiOk> ...dwMfgls llSl n usirumeuk eud admowtedged the aaY�inaM1rumehrat be be tiur Erna and rolecnAary nest *n dead of aatld oorryryerc• ro"Ooned, end on oslb stattod hat I "Bid .,,ALttbV ,..,.,.., authorised to execute the said Instrument If,arRf, 2"1 .. GIVEN under my'haad and 1 Ylr the corporate saet of said corporadus. ca L sin ,,QFa , A' VA . "ta X r =vAb"m y hand a omdal rotor ;eery E"TaI, A IN lob j Notary ablic in and''for a t ette, a Notary We In and for flue State of as Yralll Ynawn, residing at- „rsa r',Y.FIOkP' ° eaa,..4 r iding . Q ',x dal hkh s �W7 F. 920408160 ., VOL JPAGE'*,1 EXHIBIT "A" That portion of Tracts 138 and 143, MEADOWOALE BEACH, According to the plat thereof recorded in Volume 5 of Plate, page 38. Records of Snohomish County,' Washington, described as follows: Beginning at the Northeast corner of said Tract 138; THENCE North 89°06143" West, along the North line of said Tract 138,,.a distance of 150.06 feet to an intersection with a line drawn parallel wit and lying 150.00 feet Westerly of the East line of said Tract 138; THENCE South 0 44'43" East, along said parallelAins, a distance of 200.00'feet;. THENCE South 77009,'50" $set. a distance of 108.89 feet to the point of curve of a curve to the right having a riduis of 25.00 feet; THENCE Southeasterly along the arc of said curve to the right and consuming a central angle of 76025'07", a distance of 33.34 feet; THENCE Southe 0044'43" East, a distance of 83.32 feet to an intersection with the line common to said Tracts 138 and 143; THENCE South 1 37'30" East, parallel with the East line of said Tract 143, a distance of 51.20 feet to an intersection with the North line of 174th Street S. W. as said street is described in Parcel 1 of Deed recorded April 28, 1977, under Recording No. 7704280201, Records of Snohomish County, Washington; THENCE South 83905131" East, along said North line, a distance o,F 2.„5'.28 feet to an intersection with the East line of said Tract 143; THENCE North 1037'30” West, along said East line, a distance 8 53.84 feet to the Easterly corner common to said Tracts 138 and 143; THENCE North 1 37'30" West, along said East line, a distance of 53.84 feet to the Easterly corner common to said Tracts 138 and 143; THENCE North 0044'43" West along the East line of said Tract 138, a distance of 329.65 feet to the point of 1eginning; EXCEPT the North 209.60 feet of the East 10.00 feet thereof. (ALSO KNOWN AS Parcel 2 of City of Edmonds Short Plat recorded under Recording No. 8303100246.) Situate in the County of Snohomish, State of Washington. SUBJECT TO: (1) Covenants, conditions, restrictions, rights and easements contained in declaration of Short Plat No. 8303100246 as recorded under Snohomish County No. 8303100246; (2) Easement and conditions for sanitary sewer pipeline as"recorded under Snohomish County No. 8303100247. SUBJECT TO: Easements, restrictions, reservations, covenants, agreements, rights of way and zoning ordinances, if any, enforceable in law and equity. .840816 011"" vot 1858PAGE 14 x'