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Staff Report AP-08-6_master.pdf
PLANNING DIVISION REPORT & RECOMMENDATION TO THE HEARING EXAMINER Project: Craig Reimer Appeal of Staff Decision on Proposed Lot Line Adjustment File Number: AP -08-06 (Appeal of PLN20080052) Date of Report: o tuber a From: K rnen Lien, Associate Planner Public Hearing: November 20, 2008 at 3:00 P.M. Edmonds Public Safety Complex: Council Chambers 250 5th Avenue North, Edmonds WA 98020 I. SUMMARY OF PROPOSED ACTION AND APPEAL: The applicant/appellant, Craig Reimer, proposed a lot line adjustment (LLA) on his property located at 18607 Olympic View Drive. Upon review of the application, Parcel B of the proposed lot line adjustment (Exhibit 7, Sheet 1) was determined to be a non- conforming lot. The property at 18607 Olympic View Drive is zoned RS -12, which per the development standards in ECDC 16.20.030 requires a minimum lot width of 80 feet. Parcel B, as identified on the proposal, has a lot width of 60 feet. Staff determined that pursuant to ECDC 17.40.030.0 Parcel B and Parcel A were deemed combined and thus only a single parcel. Since Parcel B was combined with Parcel A per ECDC 17.40.030.C, a lot line adjustment cannot be processed per ECDC 20.75.050. C.1 or ECDC 20.75.050.C.4 as it would create a new lot or tract and/or transform a nonbuildable lot or tract into a buildable lot. Mr. Reimer contests the staff interpretation that Parcel A and Parcel B have been combined and that Parcel B is a nonbuildable lot and contends that a lot line adjustment can be processed as submitted. The following is staff's analysis of the project. Exhibit l AP -08-6 Reimer Appeal of PLN -2008-0052 File Number: AP -08-6 Page 2 of 8 Il. GENERAL INFORMATION: 1. Request: Appeal of staff decision that a lot line adjustment cannot be processed pursuant to the Edmonds Community Development Code (ECDC) for the property located at 18607 Olympic View Drive. 2. Review Process: Staff interpretations of the text of the ECDC are decisions appealable to the Hearing Examiner pursuant to ECDC 20.105,010.A. 3. Relevant Code Sections: a. ECDC 16.20 (RS — Single -Family Residential) b. ECDC 17.40.030 (Nonconforming lots) c. ECDC 20.75.050 (Lot line adjustment - Application) d. ECDC 20.105 (Appeals and Court Review) 4. Owner: Craig Reimer 5. Applicant/Appellant: Craig Reimer 6. Tax Parcel Number: 00434600300701 7. Location: 18607 Olympic View Drive (Exhibit 3) 8. Zoning: Single-family Residential (RS -12) (Exhibit 2) 9. Lot Size: Approximately 30,584.5 (Combined area of identified Parcel A and Parcel B, Exhibit 7) 10. Access: Access to the site is provided through an easement over and across the southerly 20 feet of the vacated Olympic Avenue. 11. Existing Use: Single-family residential. 12. Proposed Use: Single-family residential. 111. HISTORY/BACKGROUND: The applicant/appellant, Craig Reimer, proposed a lot line adjustment on his property located at 18607 Olympic View Drive. The subject property consists of portions of tracts 15, 16, and 7 of the Edmonds Sea View Plat recorded 1906 (Exhibit 12). All three tracts are depicted as a single parcel on the Snohomish County parcel map (Exhibit 13). While the legal description provided in Schedule A of the Plat Certificate (Exhibit 6) describes Exhibit 1 AP -08-6 Reimer Appeal of PLN -2008-0052 File Number: AP -08-6 Page 3 of 8 Parcel A and Parcel B of the application separately, every deed, covenant and easement in the Plat Certificate describes the property as a single parcel. Additionally, the house that exists on the subject property was built in 1941 and straddles the tract lines of tracts 15 and 16. While the property consists of three tracts from Edmonds Sea View Plat recorded in 1906, it is apparent from all the available information that these tracts have been viewed as a single property for some time, and that they were developed as a single property. Upon review of the application, Staff determined that Parcel B of the proposed lot line adjustment {Exhibit 7, Sheet 1) is a nonconforming lot because it does not meet the width requirements for a lot in the RS -12 zone, which has a minimum lot width of 80 feet. Parcel B, as identified on the proposal, has a lot width of 60 feet. Staff determined that pursuant to ECDC 17.40.030.C, Parcel A and Parcel B were deemed combined and thus only a single parcel, and therefore a lot line adjustment could not be processed pursuant to ECDC 20.75.050.C. The City of Edmonds sent Mr. Reimer a letter on August 20, 2008 (Exhibit 8) stating that the lot line adjustment process is not appropriate and that if he wished to create two lots as depicted on Sheet 2 of the submitted survey materials (Exhibit 7, Sheet 2) he could apply for a short plat subdivision. Mr. Reimer, through his consultant, Steve Bullock, contended in a letter dated September 8, 2008 (Exhibit 9) that even though the City "deemed" the lots to be combined pursuant to ECDC 17.40.030.C, the only way the lots could be combined would be through a lot line adjustment recorded with Snohomish County that abolished the interior Iine. Since this had not occurred, Mr. Bullock suggested Mr. Reimer still had two legal lots. The City of Edmonds met with Mr. Bullock on September 19, 2008 to discuss this matter, and the City reiterated its position that the two lots were combined through ECDC 17.40.030.C, making Parcel B in the proposal a nonbuildable lot. This discussion was summarized in the letter from Kernen Lien to Steve Bullock dated September 23, 2008 (Exhibit 10). The City determined Parcel B to be a nonbuildable lot in essence because it no longer existed as a separate parcel after being combined with Parcel A pursuant to ECDC 17.40.030.C. The determination that Lot Line Adjustment PLN20080052 cannot be processed or approved was appealed via the October 7, 2008 letter (Exhibit 11) from Steve Bullock that was also submitted to the City on October 7, 2008. Exhibit 1 AP -08-6 Reimer Appeal of PLN -2008-0052 File Number: AP -08-6 Page 4 of 8 IV. APPLICABLE CODES: 1. ECDC 16.20 (RS — Single -Family Residential) a. Development standards in RS -12 are defined in ECDC 16.20.030, reproduced below in part: b. Parcel A and Parcel B in the lot line adjustment proposal meet the minimum lot area before and after the proposed LLA. As depicted on the application, Parcel A is 17,448.7 square feet before and would be 12,040.1 square following a lot line adjustment. Parcel B is 13,135.8 square feet before and would be 18,544.5 square feet following a lot line adjustment. The application would be compliant with the minimum lot area requirements of ECDC 16.20.030. c. Parcel A is compliant with the minimum lot width standard before and after the proposed LLA. Parcel B is currently 60 feet wide and nonconforming with regards to the minimum lot width of 80 feet for the RS -12 zone. If the proposed LLA were processed, Parcel B would become conforming to the minimum lot width requirement of ECDC 16.20.030. 2. ECDC 17.40.030 (Nonconforming Lots) a. ECDC 17.40.030.A defines a nonconforming lot as a lot "which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the Iocal governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development." (Emphasis added.) As established above, Parcel B does not currently meet the lot width requirements for the RS -12 zone and thus, by definition, is a nonconforming lot. b. ECDC 17.40.030.0 states that, "If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Exhibit 1 AP -08-6 Minimum Minimum Minimum Minimum Minimum Maximum Zone Lot Area Street Side Rear (sq. ft.) Setback Setback Setback Lot Width Coverage RS -12 12,000 25' 10' 25' 80, 35% b. Parcel A and Parcel B in the lot line adjustment proposal meet the minimum lot area before and after the proposed LLA. As depicted on the application, Parcel A is 17,448.7 square feet before and would be 12,040.1 square following a lot line adjustment. Parcel B is 13,135.8 square feet before and would be 18,544.5 square feet following a lot line adjustment. The application would be compliant with the minimum lot area requirements of ECDC 16.20.030. c. Parcel A is compliant with the minimum lot width standard before and after the proposed LLA. Parcel B is currently 60 feet wide and nonconforming with regards to the minimum lot width of 80 feet for the RS -12 zone. If the proposed LLA were processed, Parcel B would become conforming to the minimum lot width requirement of ECDC 16.20.030. 2. ECDC 17.40.030 (Nonconforming Lots) a. ECDC 17.40.030.A defines a nonconforming lot as a lot "which met applicable zoning ordinance standards as to size, width, depth and other dimensional regulations at the date on which it was created but which, due to the passage of a zoning ordinance, the amendment thereof or the annexation of property to the city, no longer conforms to the current provisions of the zoning ordinance. A lot which was not legally created in accordance with the laws of the Iocal governmental entity in which it was located at the date of the creation is an illegal lot and will not be recognized for development." (Emphasis added.) As established above, Parcel B does not currently meet the lot width requirements for the RS -12 zone and thus, by definition, is a nonconforming lot. b. ECDC 17.40.030.0 states that, "If, since the date on which it became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Exhibit 1 AP -08-6 Reimer Appeal of PLN -2008-0052 File Number: AP -08-6 Page 5 of 8 Edmonds Community Development Code, except as specifically provided in subsection D of this section." (Emphasis added.) Since Parcel B is nonconforming with regards to the minimum width criteria established in ECDC 16.20.030, and it is in the same ownership as a contiguous lot, pursuant to ECDC 17.40.030.C, Parcel B is deemed to be combined with Parcel A. Parcel B is no longer a separate parcel after being combined with Parcel A and thus is essentially nonexistent and not a separate buildable lot. c. ECDC 17.40.030.0 does provide for an exception through ECDC 17.40.030.D which states that, "Exception for Single -Family Dwelling Units. An applicant may build one single-family dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies:" (Emphasis added) ECDC 17.40.030.D provides an exception for single-family dwelling units on parcels regardless of the size of the parcel. Parcel B is nonconforming with regards to the width of the parcel, and thus the exceptions in ECDC 17.40.030.13 do not apply to Parcel B. ECDC 17.40.030.A through ECDC 17.40.030.0 specifically mention both size and width as different nonconforming criteria. The exception in ECDC 17.40.030.D only applies to parcels that are nonconforming with regard to the size of the parcel. There are no exceptions in ECDC 17.40.030 for parcels that do not meet the width criteria. 3. ECDC 20.75.050 (Lot line adjustment - Application) a. ECDC 20.75.050.A defines a lot line adjustment as, "A lot line adjustment is an alteration of lot lines between platted or unplatted lots or both, which does not create any additional lot, tract, parcel, site or division." b. ECDC 20.75.050.0 further states that lot line adjustments shall be approved "unless the manager or his/her designee certifies in writing that the proposed adjustment will: 1. Create a new lot, tract, parcel, site or division; 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; 3. Reduce the lot width or lot size below the minimum required for the applicable zone; Exhibit 1 AP -08-6 Reimer Appeal of PLN -2008-0052 File Number: AP -08-6 Page 6 of 8 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division; 5. Would otherwise result in a lot which is in violation of any requirement of the ECDC." c. Since Parcel B has been combined with Parcel A pursuant to ECDC 17.30.040.C, staff cannot approve the proposed lot line adjustment because it would not meet the criteria for lot line adjustments established in ECDC 20.75.050.C.1 or ECDC 20.75.050.C.4. When Parcel B is combined with Parcel A pursuant to ECDC 17.30.040.C, it essentially seizes to exist and the property is considered a single parcel. Thus, an approval of the proposal lot line adjustment would be in conflict with ECDC 20.75.050.C.1. The applicant was notified in the August 20, 2008 letter (Exhibit 8) from staff that a lot line adjustment is not appropriate as there is only a single parcel after the parcels have been combined. Staff also indicated Parcel B is a nonbuildable lot in its September 23, 2008 letter (Exhibit 10). Here staff is saying Parcel B is a nonbuildable lot in essence because it has been combined with Parcel A pursuant to ECDC 17.30.040.C. That is, it no longer exists as a separate lot after the combination, and thus is nonbuildable. An approval of the proposed lot line adjustment application would create a new parcel and turn the nonconforming Parcel B {which has been combined with Parcel A) into a buildable lot in conflict with ECDC 20.75.050.C.4. d. Staff finds that since the nonconforming Parcel B has been combined with Parcel A, a lot line adjustment cannot be approved per ECDC 20.75.050.C. 4. ECDC 20.105 (Appeals and Court Review) a. Staff interpretations of the text of ECDC is an appealable staff decision pursuant to ECDC 20.105.010.A.4. b. Appeals are to be filed in writing consistent with ECDC 20.105.020 which states that: A, Written Appeal. Appeals shall be written and shall state the following: 1. The decision being appealed, the name of the project applicant and the date of the decision. 2. The name and address of the person appealing, and his or her interest in the matter. Exhibit 1 AP -08-6 Reimer Appeal of PLN -2008-0052 File Number: AP -08-6 Page 7 of 8 3. The reasons why the person appealing believes the decision to be wrong. 4. Persons to be notified under subsection B below, including correct names and addresses. B. Filing the Appeal. The person appealing shall file the appeal with the director of community services within 14 calendar days after the date of the decision being appealed. c. A written appeal from a representative of the applicant was received within 14 days of the second letter stating why the proposed lot line adjustment could not be processed pursuant to ECDC 17.40.030.0 and ECDC 20.75.050.C. d. Pursuant to ECDC 20.105.030.1), the decision of the Hearing Examiner on appeals of staff decisions on project permit applications shall be final and shall not be appealable to the city council. V. PUBLIC HEARING NOTICE: A "Notice of Application" and a "Notice of Hearing" were published in the Herald Newspaper and posted at the subject site, as well as the Public Safety Complex, Community Development Department, and the Library. All notices were also mailed to residents and owners within 300 feet of the site. The City has complied with the noticing provisions of ECDC 20.91 (Public Hearings and Notice, see Exhibit 14). VI. PUBLIC CONCERNS: To date, no public comment letters have been received. VII. CONCLUSIONS: 1. Parcel B of the proposed lot line adjustment is a nonconforming lot in regards to width. 2. Pursuant to ECDC 17.30.040.C, Parcel B is deemed to be combined with Parcel A. 3. None of the exceptions in ECDC 17.30.040.D apply to Parcel B as the exceptions are for parcels that are nonconforming with regards to size. Parcel B is nonconforming with regards to width. 4. The proposed lot line adjustment would create a new parcel and/or transform a nonbuildable lot into a buildable lot, and thus is inconsistent with ECDC 20.75.050.C.I and ECDC 20.75.050.0.4. 5. The proposed lot line adjustment cannot be approved because it is inconsistent with ECDC 20.75.050.C. Exhibit 1 AP -08-6 Reimer Appeal of PLN -2008-0052 File Number: AP -08-6 Page 8 of 8 VIII. RECOMMENDATIONS: 1. Based on the analysis and attachments to this report, staff recommends DENIAL of the appeal. 2. If the applicant/appellant wishes to pursue a proposal to achieve the desired lot layout depicted on Sheet 2 of Exhibit 7, a Short Plat Subdivision application must be submitted and reviewed for compliance with all applicable codes. IX. PARTIES OF RECORD: Craig Reimer 18607 Olympic View Drive Edmonds, WA 98020 City of Edmonds, Planning Division X. EXHIBITS 1. Staff Report 2. Zoning & Vicinity Map 3. Aerial Map 4. Land Use Application 5. Lot Line Adjustment Narrative 6. Plat Certificate Steve Bullock 21402 8& Ave W Edmonds, WA 98026 7. 08-09-2008 Record of Survey (Lot Line Adjustment Map) 8. August 20, 2008 letter from Kernen Lien to Craig Reimer 9. September 8, 2008 letter from Steve Bullock to Kernen Lien 10. September 23, 2008 letter from Kernen Lien to Steve Bullock 11. October 7, 2008 Appeal letter from Steve Bullock to Kernen Lien 12. Edmonds Sea View Plat 13. Snohomish County Parcel Map 14, Public Hearing Notice Requirements Exhibit 1 AP -08-6 Y,�;�` �. INI ��X\ QY j ��� .��j` t \- tisk °��F 'Ce SS dd�� - ;.I1 g�`a��•��sy�.4ttt�4��:�r}S�`i�h�i RC /J�,�/`�/, L af'�.'v�t `s F F` ;r��F's �F1eY �. Yh R4 '°\\qY4� �� ��a iRe'�� V_� - e `k F c F r�'i\1 i��� ` lt h i F t ii `y 4. 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Q EY iS pati waa E��� tta e h �t F` `�> a� a? halt \EEz � h Zoning and Vicinity Map 0 50 100 200 300 400eet 18607 Olympic View Drive Exhibit 2 city of edmonds' land use application 0 ARCHITECTURAL DESIGN R&VIEW 0 COMPREHENSIVE PLAN AMENDMENT FILE # Pl Iti�CY?S t7C.LS%i ZONE 1� 0 CONDITIONAL USE PERMIT s 0 HOME OCCUPATION ' DATE 26462 RECD BY _ Ten FORMAL SUBDIVISION 0 SHORT SUBDIVISION FEE 3Cn5.-GiJ - RECEIPT # ' ( IAT LINE ADJUSTMENT HEARING DATE 0 PLANNED RESIDENTIAL DEVELOPMENT B HE }STAFF 0 PB 0 ADB 0 CC 0 OFFICIAL STREET MAP AMENDMENT 0 STREET VACATION 0 REZONE 0 SHORELINE PERMIT 0 VARIANCE / REASONABLE USE EXCEP'T'ION 0 OT148R; - --. PROPERTY ADDRESS OR I.oCATION . _ OLi� _- V14 Q1�! PROJECT NAME (IF APPLICABLE) PROPERTY yO((}WjjNER�LJ�' y�rL�Q11I'�1R�, p PHONE# ADDRESS ._ {-4Yo� �"Hf'�4Si. VsiAl tf G "OnY4f gni ��� Qq E-MALLADDRESS�M.CO.15C2T--- FAX#%'B3S TAX ACCOUNT #�i%`r3 -� --__SEC, - TwP. RNG. DESCRIPTION OF PROJECT OR PROPOSED USE APPLICANT _ NAk. �iAl i" - P14ONE # ADDRESS E-MAIL ADDRESS FAX # CONTACT PERSON/AGENT "r PHONE # ADDRESS EMAIL ADDRESS FAX # The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable attorney's fees, arising from any action or infraction based In whole or part upon false, misleading, inaccurate or incomplete information famished by the applicant, his/her/its agents or employees. By my signature, I certify that the inform n and exhibits herewith submitted are true and correct to the best of my knowledge and that I am authorized to f e app, ation on the behalf of the owner as listed below, SIGNATURE OF APPLICANT/AGENT DATE Property Owner's Authorization By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application, and grant my permission r the public officials and the staff of the City of Edmonds to enter the subject property for the purposes of inspect' d o 'ng attendant to this application, SIGNATURE OF OWNER DATE Li t7f [!h This application form wa vised on 1127/0[1. To verify whether It is still current, call (425) 771.0220. L: 1I.IHRARWLANNrN(3Tamis & Handouts\Publie HandoutsU.and Use Applicadon.doc Exhibit 4 "L�cery e,, Lot Line Adjustment NarrativeOEVEAUS 15 2008 Mr. Craig Reimer owns a piece of property along Olympic View Dr that is CO�jyTE� RVICES composed of two platted lots and some vacated right-of-way. His home is built on the property and probably because it was built so long ago, it straddles some of the originally platted lot lines. Mr. Reimer would like to resolve this issue now by completing a Lot Line Adjustment that would: 1. abolish lot lines related to the street vacation; 2. relocate lot lines so there remains two lots that comply with the RS-12 zoning requirements; 3. the existing house is located on one of the proposed lots in such a manner that all required setbacks are maintained. The following narrative indicates how the proposed Lot Line Adjustment complies with the Lot Line Adjustment Review criteria. ECDC section 20.75.050:C states "...The Edmonds Planning Manager shall approve the proposed lot line adjustment unless the manager certifies in writing that the proposed adjustment will: 1. Create a new lot, tract, parcel, site or division; As shown on sheet one of the submitted survey, the subject parcel is comprised of two platted lots, lot 15, and the south 60 feet of lots 7(east of Olympic View Drive) & 16, together with the adjacent vacated Olympic Avenue right-of-way. Each lot complies with the RS -12 area requirement but the house straddles the property line. Sheet two shows the proposed lot line adjustment and how the common property line would be moved from a north/south orientation to an east/west orientation. No new lot(s) is created. 2. Reduce the setbacks of existing structures below the minimum required by code or make existing nonconforming setbacks of existing structures more nonconforming than before; Sheets 1 and 2 both show how the existing house straddles the common property line and therefore encroaches on the setbacks of each lot. The proposed lot line adjustment moves the common property line in such a manner that the existing house will be entirely on "Parcel A": Not only does the proposed adjustment resolve the building encroachment issue, the house will also comply completely with the required setbacks for "Parcel A" (these are assumed to be 25' southwest, 25' northeast, 10' northwest and southeast). Setbacks for existing structures are not reduced below the minimum required for the zone or made nonconforming. Exhibit 5 3. Reduce the lot width or lot size below the minimum required for the applicable zone; Parcel A is proposed to be 92,040 sq. ft. and accommodates a minimum lot circle of 80' Parcel B is proposed to be 98,544 sq. ft. and also accommodates a minimum lot circle of 80' Lot width and size for each tot is not reduced below the minimum required for the zone. 4. Transform a nonbuildable lot, tract, parcel, site or division into a buildable lot, tract, parcel, site or division; The proposed lot line adjustment actually resolves questions that might arise regarding the vacated Olympic Avenue since those property lines still show in the title report. The intent of this lot line adjustment is to clearly identify which parcels are buildable and to show that those parcels comply with the RS -12 width and area requirements. No nonbuildable tracts are proposed to be transformed into individual buildable lots. 5. Would otherwise result in a lot which is in violation of any requirement of the ECDC. !Neither lot, parcel A or B, is in violation of any requirement of the Edmonds Community Development Code. No violations existing on either of the proposed lots. t CAGO TITLE INSURANCE COMPANY 30j0 HOYT,AVENUE, EVEREr F, WA 98201 AMENDMENT NO.2 PLAT CERTIFICATE Order No.: 5610580 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of SNOHOMISH County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said SNOHOMI SH County, to -wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: CRAIG T. REIMER, AS HIS SEPARATE ESTATE AUG 15 2000 a w6bu CEs EXCEPTIONS: SEE SCHEDULE B A'T'TACHED CHARGE: $150.00 TAX: $12.90 Records examined to AUGUS T 8, 2 0 0 8 at 8:00 AM I Me vtucer (425)259-8223 YIATCRTA/RDA/G-M Exhibit 6 glCAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 5610580 LEGAL DESCRIPTION PARCEL A: ALL THAT PORTION OF LOT 15, BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF THE PAVED HIGHWAY; TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO SAID TRACT 15; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHWESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12_ PARCEL B: ALL THAT PORTION OF THE SOUTHWESTERLY 60 FEET OF LOTS 7 AND 16, BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF THE PAVED HIGHWAY; TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTH 60 FEET OF SAID TRACT 1G; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHWESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON_ PLATCftTL/RDAfM9 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 561.0580 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PLATCRTB/RDA/0999 `-IICAGO TITLE INSURANCE. COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 5610580 EXCEP'T'IONS n 1. NO SEARCH HAS BEEN MADE AS TO PROPERTY TAXES AND ASSESSMENTS_ PROPERTY TAXES AND ASSESSMENTS WILL BE SEARCHED UPON REQUEST. a 2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: JAMES H. AND JACQUELINE B. REID PURPOSE: WATER PIPELINE AREA AFFECTED: NORTHERLY PORTION RECORDED: JUNE 3, 1954 RECORDING NUMBER: 1099845 a 3. .PUBLIC AND/OR PRIVATE EASEMENTS, IF ANY, IN EXISTENCE, OVER, UNDER, ALONG AND ACROSS THAT PORTION OF THE REAL ESTATE UNDER SEARCH LYING WITHIN VACATED OLYMPIC AVENUE. a 4. COVENANT AND AGREEMENT RESTRICTING HEIGHT OF TREES AND VEGETATION AND THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN: RECORDED: APRIL 1, 1999 RECORDING NUMBER: 9904010842 c 5. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: STEVEN OLAV ALFSVAAG, ITS SUCCESSORS AND/OR ASSIGNS PURPOSE: PEDESTRIAN AND VEHICULAR ACCESS, INGRESS AND EGRESS, AND PARKING, INCLUDING PARKING OF A BOAT ON A TRAILER AREA AFFECTED: THE SOUTHERLY 3 FEET OF REAL ESTATE UNDER SEARCH RECORDED: SEPTEMBER 30, 1999 RECORDING NUMBER: 199909300462 F 6. COVENANT AND AGREEMENT RESTRICTING HEIGHT OF TREES AND VEGETATION AND THE TERMS, CONDITIONS AND PROVISIONS CONTAINED THEREIN: RECORDED: SEPTEMBER 5, 2000 RECORDING NUMBER: 200009050612 a 7, DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: CRAIG T. REIMER AND ANGIE REIMER, HUSBAND AND WIFE TRUSTEE: OLD REPUBLIC TITLE, LTD. PLA3'CRM/RnA/0999 AICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 5610580 BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GOLF SAVINGS BANK AMOUNT: $ 474,500.00 DATED: NOVEMBER 24, 2004 RECORDED: DECEMBER 3, 2004 RECORDING NUMBER: 200412030426 LOAN NUMBER: REIMER1507056 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. H 8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR_ CRAIG T. REIMER AND ANGIE REIMER, HUSBAND AND WIFE TRUSTEE: FIDELITY NATIONAL TITLE BENEFICIARY: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR GOLF SAVINGS BANK, A WASHINGTON STOCK SAVINGS BANK AMOUNT: $ 250,000.00 DATED: JUNE 21, 2006 RECORDED: JUNE 30, 2006 RECORDING NUMBER: 200606300848 LOAN NUMBER: 1509703 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. r 9_ THE COMPANY'S LIABILITY FOR THIS REPORT IS LIMITED TO $1,000.00. THIS REPORT IS BASED ON THE COMPANY'S PROPERTY RECORDS, AND NO LIABILITY IS ASSUMED FOR ITEMS MISINDEXED OR NOT INDEXED IN THE PUBLIC RECORDS, OR FOR MATTERS WHICH WOULD BE DISCLOSED BY AN INQUIRY OF THE PARTIES IN POSSESSION OR BY AN ACCURATE SURVEY OR INSPECTION OF THE PREMISES. THIS REPORT AND THE LEGAL DESCRIPTION GIVEN HEREIN ARE BASED UPON INFORMATION SUPPLIED BY THE APPLICANT AS TO THE LOCATION AND INDENTIFICATION OF THE PREMISES IN QUESTION, AND NO LIABILITY IS ASSUMED FOR DISCREPANCIES RESULTING THEREFROM. THIS REPORT DOES NOT REPRESENT EITHER A COMMITMENT TO INSURE TITLE, AN EXAMINATION OF, OR OPINION AS TO THE SUFFICIENCY OR EFFECT OF THE MATTERS SHOWN, OR AN OPINION AS TO THE MARKETABILITY OF TITLE TO THE SUBJECT PREMISES. END OF SCHEDULE B L mw PT_ATCRBZ/R0A/0994 ?� 14 U4' . -' J a, 13 200'4 03 1 CiQ z 03 12 �SqF 1r r 12a 01 0 ! .,10 a �8r23 `V r 10 . 89 .` 4 01 , z 9 0 \ 0 � �1 01 7 z 1$3 1 YnYhYh+rr,w+ 7 1-006 PLA SFA ST , fi—�} -033 "` 6 5 01 (A65��+y-�y O�G ��� Y�+�'Srh•µQ F -i FN+H+H+H+4 } f Y + s 4 4 05 r r 04 } / V ; j 0'7 oO 3 O1 A r� 2Fi .7�W x+xr�c}x+x{i s }r r 05 r {i _ 07 x'10 y µye + 00 1 4h.+F V.ti4,S rr'�Y L a 9)r1 .,t hY }r i 13 8 '�12 03 �, r 9�� 04 c $ <r 1 01 196' 10 x� `y a� N D NDS S;E VIEW Ort !� j 8 co 'so 9 8 7 �' y'�x. 01 2 02 42 2 5 } KxKx i � r 7 R Skatch 16 (W tha 1}Ifi }7064 of si 141ll 41 4 00 / k ' L'Sr Y a1 t e approx ate g©naral locatlo of the 19 a0 15 < �S omlees bout actual survey nd 14g4 3 / l 68 leago TI a hssumnc no Ilablll v !f.i � �* 4 x� �zt n9rE ylth the &�me. r - K 0 x < r 2 '$t. a5 nr 3 2 13 1 x 101 2 z" 02 , 187T H -ST -SW-7gL'YiCrIP 03 01 2 0 �} < �L 4 Vh'YM 4:i 4'.i Yhi'rSt ].03 /'x,10 J' QZl� 1 fVR ft1¢ r 0267 �-hh If 3 V } c 04 usw lJV � a4�B 052 01S-2011-163 Os -0�soa SP 4 D-001 kq{ "' r i /�n/� r, �Q�r`.Y:;4'rxi5i2f Yr,4hw.YhlF�l;Y� x Sp FN $7 010204 (' 01 { 73 02 02 01 ; 08 X09 L x 2 O X f + 2 } 1< 02 37� . 4-906 x s5 Sp SHARD x r' 44 fS+tt+t+;+ 1 ____7�s-yi < -�{. Yli+h4fH+HtyYhYil�¢iftiY h'�h`t'`'�R' l '�'h4hV h'� A Z . Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comme Station Id :EEYG Grantor(s). Craig T. Reimer, a married man as his separate estate Grantec(s). Craig T. Reimer and Angie Reimer, husband and wife Abbreviated Legal'. Portion of Lot(s) 7, 15 and 16, Block "C, EDMONDS SEA VIEW TRACTS, Volume 3 of Plats, page 76 Assessor's Tax Parcel Number(s), 004346.003-007-01 THE GRANTOR Craig T. Reimer, a married roan as his separate estate for and to consideration of No Consideration —To Establish Community Property conveys and quit claims to Craig T. Reimer and Angie Reimer, husband and wife the followsug described mai estate, situated in the County of Snohomish Stare of Washington, together with all after acquired title ofthe grantors) therein See Legal Description marked as Exhtbn "A" attached hcieto and made a part hereof ]� Dated: November 24, 2004 222OLD REiC O. Cra g T Reimer •�, State of Washington ) County of Snohomish I SS 1 certify that 1 know or have satisfactory evidence that Craig T Reimer 4.77943 said person(s) ecknowtedged that hefshelthey signed this instrument and acknowledge it to be hWherltheir free and voluoiary act for the uses and purposes mentioned in thss instrument Dared l �� 41oN tit �yti AFTER RECORDING MAH. TO. - q�' �• sioy Residing at Motu ilake Terrace My expires 6/24/2006 pij� appointment lot Craig T. Reimer m 18607 olyntlik View Drtve Edmonds, WA 98920 2004121330425 2 PGS Filed for Record at Request of 12 -03-2004 01:24pm $20 00 � Coif Escrow Corp. - SNOHOMISH COUNTY. WASlHINGTON Escrow Number: 20042333 QUIT CLAIM DEED Grantor(s). Craig T. Reimer, a married man as his separate estate Grantec(s). Craig T. Reimer and Angie Reimer, husband and wife Abbreviated Legal'. Portion of Lot(s) 7, 15 and 16, Block "C, EDMONDS SEA VIEW TRACTS, Volume 3 of Plats, page 76 Assessor's Tax Parcel Number(s), 004346.003-007-01 THE GRANTOR Craig T. Reimer, a married roan as his separate estate for and to consideration of No Consideration —To Establish Community Property conveys and quit claims to Craig T. Reimer and Angie Reimer, husband and wife the followsug described mai estate, situated in the County of Snohomish Stare of Washington, together with all after acquired title ofthe grantors) therein See Legal Description marked as Exhtbn "A" attached hcieto and made a part hereof ]� Dated: November 24, 2004 222OLD REiC O. Cra g T Reimer •�, State of Washington ) County of Snohomish I SS 1 certify that 1 know or have satisfactory evidence that Craig T Reimer is/are the person(s) who appeared before me, and said person(s) ecknowtedged that hefshelthey signed this instrument and acknowledge it to be hWherltheir free and voluoiary act for the uses and purposes mentioned in thss instrument Dared l �� 41oN tit �yti Shannon Ochoa Notary Public in and for the Slate of Washington q�' �• sioy Residing at Motu ilake Terrace My expires 6/24/2006 pij� appointment lot 6 �qa� r • I {� tit.. W%I.SMil14 LPD -12 SNOHOMISH, WA Page 1 of 2 Printed on 6/25/2008 7:58:43 AM Document: DED QCL 2004.12030425 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Con me,_ Station Id :EEYG EXHIBIT "A" All that portion of Lot(s) 15 and of the Southwesterly 60 feet of Lot(s) 7 and 16, Block "C", EDMONDS SEA VIEW TRACTS , according to the plat thereof recorded in Volume 3 of Plats, page(s) 76, records of Snohomish County, Wash{ngton, lying Easterly of the paved highway, TOGETHER WITH vacated Olympic Avenue abutting upon and adjacent to the South 60 feet of said Tract 16 and to all of said Tract 15, ALSO, an easement for road over and across the Southerly 20 feet of that portion of vacated Olymptc Avenue lying between the Southerly line of Tract 15, produced Southeasterly to the Southeasterly line of Olympic Avenue and the Southerly fine of Tract 12 produced Southeasterly to the Southeasterly line of Olympic Avenue, ALSO, an easement for road over and across the Southwesterly 25 feet of Tract 12, lying Easterly of paved highway and vacated Olympic Avenue abutting upon and adjacent to the Southwesterly 25 feet of said Tract 12 SITUATE to the County oLg, Stale of Washington 5n0h01n',S b ABBREVIATED LEGAL Portion of Lot(s) 7, 15 and 16, Bfock "C", EDMONDS SEA VIEW TRACTS, Volume 3 of Plats, page(s) 76 Tax Account No 004346-003-007-01 0730464 END OF EXHIBIT "A" Page 2 200412030425.002 SNOHOMISIJ,WA Page 2 of 2 Printed on 6/25/2008 7:58:44 AM Document: DED QCL 2004.12030425 Branctl :(iVS,User :NAN2 Order: 5610MI) Title Officer: JC Comma Station Id -EFYG X0 M 00 r -i 40 00 a AFTER RECORDING MAIL TO: EAGLEWOOD HOMES, INC. 647 DALEY STREET Edmonds, WA 98020 980818443 11111111111 09/i8l99 13:48 p,0003 Recorded Snohomish County REAL IESTAT PRICE SALT: PRICE RECEIPT No. AUG 18 1998 CHICAGO STATUTORY WARRANTY DEED Escrow No. 881086 TiOo Order No. 884509 THE GRANTOR PHILIP. H. HANNAH, PERSONAL REPRESENTATIVE FOR THE ESTATE OF MARGARET HINDLEY HANNAH, DECEASED for anti in Consideration of Ten Dollars and other good and valuable cnnsidoratlon in hand paid, Conveys and warrants to EAGLEWOOD HOMES, INC., a Washington Corporation as to Lot 14 artd CRAIG T. REIMER, A SINGLE MAN AS To PORTION UYrS 7,15 ti 16 the following described feat estate, situated in the County of Snohomish, State of Washington: additional legal(s) on page 2 d $ PORTION OF LOTS 7, 14,15 & 16, BLOCK C, EDMONDS SEAV19W TRACTS, 3176 Assessor's Property Tax Parcel/Account Number(s): 4346-003-007•DIOI & 014-0201 Subject to easements, restrictions, reservations, covenants and conditions of record, if any, Dated: August 4, 1996 PHILIP H. HANNAH, PERSONAL REPRESENTATIVE FOR THE ESTATE OF MARGARET HINDLEY H13Ay:N N�ASED PHILIP H.ANNAH, PERSONAL REPRESENTATIVE State of California )SS. County of _F&p.S %;n I certify that I know or have satisfactory evidence that PHILIP H. HANNAH {stare the persons) who appeared before me, and said person(s) acknowledged that HE signed this instrument, on oath stated that HE WAS authorized to execute the Instrument and acknowledged it as the PERSONAL REPRESENTATIVE Of THE ESTATE OF and MARGARET HINDLEY HANNAH, DECEASED 10 be ilia free and voluntary acl of such party for the uses and purposes mentioned in the instrument. Dated: ` JAECE -11FNEAAY Qowu 11 e m Q NgTARy POBUGC.LLIFOAtW03 � pF E6HO OalMn� M Mary Public In and for th�Sl lef California ay camman rq lane a alio Residing at e My appointment expires LPa-e0 SNOHOMISH,WA rage I of 3 Printed on 6/25/2008 7:58:40 AM Document, DEI? WAR 1998.08180435 zrancn :"vU ,user :,jANZ (Jr(ter: )61UJZiU litle Utticer: X C;omme Station ld :EEYG 00 P. Y . ALL 'i'ilAT' PORTION OF LOT 1S AND OF SotTPA ESTERLY 60 FEET OF LOTS 7 AND 16. BLOCK "C", EDMONDS SrA VIEW TRACTS, ACCORDING TO THE PL71.T THEREOF' RECORD Cl7 IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF TUR PAVED HIGIIWAYI TOGETHER WITH VACATED OLYMPIC AVEt=' AAUTTINO uPON AND ADJACENT TO THE SOUTH $0 FEET OF SAID TRACT 16 AND TO ALL OF SAXD TRACT 16; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FRET OF THAT PORTION OF VACATE,) OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 1S, PRODUCED SOlTHFASTERLY TO THE SOUTHEASTERLY LING or OLYMPIC AVENUE ANO THg SouTHERLY LINE OF TRACT 12 PRODUCED SOUTHEASTERLY TO T11E SOUTHEASTERLY LIKE OF OLYMPIC AVENUEi ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS TItB SOLT1'IIWESTERLY 25 FEET Or - TRACT 12, LYINC EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON ANDADJACENT TO THE SOUTHWESTERLY 25 FEEL' OF SAID TRACT 12. SITUATE IN THE COUNTY OF SHOROMISIi, STATE OF WASHIVOTON. SNOHOMISH, WA rage 2 of 3 Printed on 6125/2008 7:58:41 AM Document: DED WAIL 1998.08180435 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: IC Commie; Station Id :EEYG CMCACO TITLF- INSXM- NCP- COMPANY A-I„T.A. COMMITMENT SCHEDULE A (Caotiauad) Ordcr Na.: 664730 Your No.: RAOLEWOOD IIOMES LL+OAL IDESCRIP7` ON PMYM1T (Paragraph 4 of Schcdula A continuation) ALL THAT PORTION Or LOT 14, BLOCK "C•, EDMONDS SEA VIHH TRACTS, ACCORDING TO THE PLAT TITFRLOF, RECORDED IN VOLUME 1 OF PLATS, PACF 76, RECORDS OF SNOHOMISH COUNTY, WAti11INCTON, LYING) FASTERLY OF TItE PAVED IfICHWAYI TOGETHER WITH TILE NORTIMESTERLY 49 FEET OF VACATED OLYMPIC AVEMM AAUTTITTa UPON AND ADJACENT TO SAID LOT Ait ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS T111t SOUTHERLY 20 FEET OP THAT POR'T'ION OF VACATED OLYMPIC AVRNUR LYINd ORTWEEN Tit$ SOUTHeaLY LINE OF TRACT 15, PRODUCED SOVT1TEAST£RLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVHNM AND THE SOUTHERLY LIKE OV T"Cr 12 PRODUCED SOUTREASTERLY TO THE SOUTHEASTERLY LINE OP OLYMPIC AVEHM- 1 ALSO, AR PAS£MENT FOR ROAD OVER AND ACROSS T1HR SOUTHWESTERLY 25 FEET OF TRACT 12, LYING >•ASTLRLY OF PAVED HIOTi: XY AND VACATED OLYMPIC AV1.n4Vc ABUTTING UPON AND ADJACENT TO THE SOUT WRSTERL,Y 25 FEET OF SAID TRACT 12. RITUATE IN THE COUNTY OF SNOHOMISH, STATE OF RASHTNaTON. CHETAooiTTLp-INsUPANCECOMPANY 9848180435 SNOHOMISH,WA Page 3 of 3 Printed on 6/25/2008 7:58:42 AM Document: DED WAR 3948.08180435 SG.t mtg ire val 74 ISI 23=7 le #1055623 corp seal xcn same as in 1099841 on 5/13/ -A FS Fid by & ret to fp Mt Vernon, Wn / 109983-44 ng loJ9845 EASEMENT $1.00 6/3/5 5/9/54 Ma;y Dunn ? ard, to James H. Reid & Jacqueline B. 'Rej-_d, hw"L For the consid of $1.00 the gntr hrby gnis unto the gntees, their heirs & ass ns an eaA int for installation., operation ,& maintenance of a water pipe line over. across & and a ptn of vacated Olympic Avenue, & a }atn of the ;Wly 60 ft of Tracts & 16 bloc C all i, Y1t, of Edmonds Seaview Tracts, as recdd in vat 3 pg 76 of pjs�F recds of 3CTrL3 . Said easmt being a continuous strip., of land from thdy most Ely martin of vacated Olympic Avenue to the county rd & 6 ft width, 3 ft or, either side of the folg dscbd center line Baap oe most Ely margin of vacated Olympic Avenue sd pt tieing 3 ft SIY as msrd alg sd Ely margin from the n. -n --Of the idly bndry of the aforesd sWly 60 ft of Tract 16 pro- duced, w the aforesd margin of Olympic Avenue; th NWly, plea & 3 ft SWly from the aforementioned lily bndry, a distance of 145-00 ft; th NWlY 75 ft m/1 to a pt oe Ely margin of the co rd, as now established, sd pt being 20 ft .,,/l from the idly bndry of aforesd SWIy 60 ft of Tract 7, sd distance being msrd at eight angles to sd Nly boundary. No 813 ux read 6/3/54 Verne Sievers, SGT by Joe Stone, dep May Dunn Ward Ack ok by May Dunn Ward bef LeRoy F. Middleton, Edmonds XCPT no ack date Sketch attached show=ing easement .for ,pater pipe line May Durin Ward to James H. Reid, across lots 7 & 16 & vacated Olympic Avenue, calk "C" Edmonds Sea VievJ Tracts, SCW Fld by LeRoy Middleton & ret to sp 1091 Beeson Bldg Edmonds,`rdn ick 1099846 SATOF CH AiTC Fld Only / 7 Zj 6/3/54 $1500.00 W 5/20/54 Consolidated Dairy Products Company, a ifashington corp to j Russel J. Bilstad Sat ch mtg and file -#1075005 Etc-- Fld by sp i. kk j.. S� Branch :GOS,User ,SAN2 Order: 5610580 'I'Me U1ticen JU t;omme* station 10 :hLY(i CQ <14 9904910842 .= 04/01/99 14:38 ry"'l p.0008 Recorded Snohomish county .It Q� When Recorded Return To: WURDEMAN & TESCH, P.C. 320 Dayton, Suite 101 Edmonds, WA 98020 Document Title: Covenant and Ag/cement Restrictin& Height of "frees and Vegetation Reference No.: NIA Grantor(s): Reimer Craig & Eaglewood Homes (Additional names on p-_� Grantee(s): Mccallum. Robert & Debbig._ (Additional names on Legal Description: Portion of lots 7 14 15 16 Block C Edmonds Sea View Tracts 3174__ {Additional legal on Exhibits A. B &- Accessor's Parcel #: 4346-003-007-0101 & 014-0201 COVENANT AND AGREEMENT RESTRICTING HEIGHT OF TREES AND VEGETATION WHEREAS, Craig T. Reimer, a single man, is the owner of the real property described in Exhibit A attached hereto (Reimer Parcel), and WHEREAS, Eaglewood Homes, Inc., a Washington Corporation, is the owner of the real property described in Exhibit B attached hereto (Eaglewood parcel), and WHEREAS, Robert K. McCallum and Deborah W. McCallum., husband and wife, are the owners of the real property described in Exhibit C attached hereto (McCallum parcel), and WHEREAS, the parties wish to preserve and protect the view enjoyed from the McCallum parcel by providing reasonable a height limitation for all trees and olher vegetation on the Reimer and Eaglewood parcels, the parties do hereby covenant and agree as follow: Covenant and Agreement Restricting I Height of Trees and Vegetation - 1 RIGINAL SNOHOMISH, WA Page 1 of 8 Printed on 6/25/2008 7:59:05 AM Document: CCR 1999.040 t 0842 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comm{ Station Id :EEYG 1. Consideration. This agreement is made for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties to this agreement_ 2. Benefitted and Burdened Parcels. For purposes of this agreement, both the Reimer parcel and the Baglewood parcel shall be considered burdened parcels, and the McCallum parcel shall be considered the benefitted parcel. 3. Height Restriction for Trees and Vegetation on the Burdened Parcels. No tree or other form of vegetation shall be permitted to grow to a height in excess of twenty five (25) feet on either burdened parcel. Any such tree or other vegetation on either burdened parcel shall be removed, cut or pruned, at the expense of the owners of the benefitted parcel, in order to comply with the terms of this covenant and agreement. for purposes of this agreement, the height of any tree or other vegetation shall be measured from the point at which it emerges from the ground, to its uppermost point. Any existing trees or other vegetation on either burdened parcel shall be initially removed or otherwise trimmed or pruned to conform to the height restrictions contained herein at the expense of Robert and Deborah McCallum, the owners of the benefitted parcel. 4. Ri ht to Enter and Cut. or Remove Trees and Vegetation. In the event that any tree or other form of vegetation is permitted to grow in violation of the height restriction set forth above, and its owner fails to correct the violation within 30 days of being notified of such violation, then, in that event, the owner of the benefitted parcel shall be permitted access to the burdened parcel for the purpose of having the offending tree or vegetation trimmed or cut, at the expense of the owners of the benefitted parcel, in such a manner that it complies with the requirement of this covenant. 5. No Restriction on Height of Trees and Vegetation. on Benefitted Parcel. Nothing contained herein shall serve to restrict the height of any tree or other form of vegetation on the benefitted parcel. 6. Specific Performance. The parties agree that the remedy of specific performance shall be available to enforce the provisions of this agreement, notwithstanding the fact that other remedies may exist at law or by virtue of this agreement. Nothing contained herein shall serve to Iimit the remedies available to any party to this agreement_ Covenant and Agreement Restricting Height of Trees and Vegetation - 2 99040 10842 SNOHOMISH,WA Page 2 of 8 Printed on 6/25]2008 7:59:07 AM Document: CCR 1999.04010842 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Commer, Station Id :Lr Y(, 7, Attorney Pees and Costs. In the event it becomes necessary for any party to this agreement to bring suit to enforce an aspect of this agreement, the prevailing party shall be entitled to recover all reasonable attorney fees and costs incurred therein. 8. Covenant to Run With the Land. The restrictions and rights contained herein shall be covenants running with the land, and shall be binding upon the parties hereto, their heirs, executors and assigns forever, C IG T. REI R r ROBERT K. McCALLUM STATE OF WASHINGTON) )ss. COUNTY OF SNOHOMISH) EAGLEWOOD HOMES, INC. RoT , President DEBORAH W. McCALLUM On this day personally appeared before me Craig T. Reimer to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seat this 3Dn / day of /Z c , 1999, NOTARY PUBLIC in and for the S;DV!Q Washington, residing at T f�Gtrrlm4-•. = My commission expires: STATE OF WASHINGTON) )ss. COUNTY OF SNOHOMISH) On this day personally appeared before me Craig T. Reimer, known to me to be the President of the corporation that executed the foregoing instrument, and acknowledged this instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes Covenant and Agreement Restricting Height of Trees and Vegetation - 3 99Q40ios42 SNOHOMISH,WA Page 3 of 8 Printed on 6/25/2008 7:59:08 AM Document: CCR 1999-04010842 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: 3C Comm.ei Station [d -.EFYG therein mentioned, and on oath stated that he is authorized to execute this instrument on behalf of the corporation. f11 - GIVEN under my hand and official seal this 3 day of1999.,`. NOTARY PUBLIC in and for tesp= v Washington, residing at My commission expires: wa9 la,ti STATE OF WASHINGTON) )ss. COUNTY OF SNOHOMISH) On this day personally appeared before me Robert K. McCallum, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this STATE OF WASHINGTON) )ss. COUNTY OF SNOHOMISH) day of 1999. _.. ,,,.,,,.11•.,,.,1,., ii:,.�'., NO ARY PUBLIC in and-*.e�,,�v`�„ Washington, residing at_i My commission expires: .,,/,TIII I1N,Ila On this day personally appeared before me Deborah W. McCallum to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses ,,l 11x,1 I11.,,1j and purposes therein mentioned. GIVEN under my hand and official seal this day of }� ,% NOTARY PUBLIC in and IA?- o Washington, residing at My commission expires:' 1 . Covenant and Agreement Restricting Height of Trees and Vegetation - 4 9904 €,1 84-2 SNOHOMISH,WA Page 4 of 8 Printed on 6/25/2008 7:59:08 AM Document: CCR 1999.04010842 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comme Station Id :EEYG EXHIBIT A REIMER PARCEL ALL THAT PORTION OF LOT 15 AND OF SOUTHWESTERLY 60 FEET OF LATS 7 AND 16. BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORD- ING TO THE PLAT THEREOF, RECORDED IN VOLUME 1 OF PLATS, PAGE 75, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF THE PAVED HIGHWAY, TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTH 60 FEET OF SAID TRACT 16 AND TO ALL OF SAID TRACT 15; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LIVE OF TRACT 15, PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRO- DUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTH- WESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. OTHERWISE KNOWN AS 18607 OLYMPIC VIEW DRIVE, EDMONDS, WASHINGTON, 98020 EXHIBIT A - I 990401A,J34 SNOHOMISH,WA Page 5 of 8 Printed on 6/25/2008 7:59:09 AM Document: CCR 1999.04010842 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Commer Station Id :EEYG EXHIBIT B EAGLEWOOD PARCEL ALL THAT PORTION OF LOT 14, BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNONOMISH COUNTY, WASHING- TON, LYING EASTERLY OF THE PAVED HIGHWAY; TOGETHER WITH THE NORTHWESTERLY 40 FEET OF VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO SAID LOT 14; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTH- EASTERLY TO THE S 0 UTHEASTERL Y LINE OF OLYMPIC AVENUE AND THE SOUTHFRLY LINE OF TRACT 12 PRODUCED SOUT'H'EASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE.- ALSO, VENUE; ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS TIME SOUTH- WESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUFH)N"ESTERLY 25 FEET OF SAID TRACT 12. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. OTHERWISE KNOWN AS 18627 OLYMPIC VIEW DRIVE, EDMONDS, WASHINGTON, 98020. EXHIBIT B - I 9904014v842 SNOHOMISH,WA Page 6 of 8 Printed on 612.512008 7:59:10 AM Document•. CCR 1999.04010842 tsrancn :UUJ,USer :5AN-Z Urder: 361080 11t1e 0 Ricer: JC l;ommC- Station 1d :EEYG EXHIBIT C MCCALLUM PARCEL ALL THAT PORTION OF LOT 68, EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF THE AUDITOR OF THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON; TOGETHER WITH THAT PORTION OF VACATED OLYMPIC AVENUE ADJACENT THERETO, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 68; THENCE NORTH 45053'43" WEST 90 FEET, MORE OR LESS, TO THE MOST NORTHERLY CORNER OF THAT CERTAIN TRACT CONVEYED TO ROBERT W. NORTHROP AND CAROL NORTHROP, HIS WIFE, BY DEED RECORDED MARCH 28, 1974 UNDER AUDITOR'S FILE NO. 2333724; THENCE SOUTH 7051'25" WEST 67 FEET TO A POINT ON THE SOUTH- WESTERLY LINE OF SAID LOT 68; THENCE NORTH 50031'53" WEST ALONG THE SOUTHWESTERLY LINE OF LOT 68, A DISTANCE OF 131 FEET TO THE SOUTHWEST CORNER OF LOT 68; THENCE NORTH 3928'07" EAST ALONG THE NORTHWESTERLY LINE OF LOT 68 A DISTANCE OF 50 FEET; THENCE NORTH 5031'53" WEST A DISTANCE OF 30 FEET TO INTERSECT THE CENTER LINE OF VACATED OLYMPIC AVENUE; THENCE NORTH 39°28'07" EAST ALONG SAID CENTER LINE A DISTANCE OF 45.60 FEET; THENCE SOUTH 89'15'23" EAST AND CONTINUING ALONG SAID CENTER LINE A DISTANCE OF 95.03 FEET; THENCE SOUTH 3123'36" EAST AND CONTINUING ALONG SAID CENTER LINE A DISTANCE OF 223.83 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF SAID LOT 68; THENCE SOUTH 39°28'07" WEST ALONG SAID NORTHEASTERLY EXTENSION LINE A DISTANCE OF 31.75 FEET TO THE POINT OF BEGINNING. SUBJECT TO: 1. COVENANTS, CONDITIONS AND RESTRICTIONS AS PROVIDED IN DECLARATION RECORDED UNDER AUDITO- R'S FILE NO. 1405925. 2. AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES IN FAVOR OF HENRY A. BURR AND JENNIE H. BURD, HUSBAND AND WIFE, THEIR HEIRS AND ASSIGNS, RECORDED FEBRUARY 6, 1965 UNDER RECORDING NO. EXHIBIT C - 1 990 4 (,-) I-V 0 42 SNOHOMISH,WA Page 7 of 8 Printed on 6/25/2008 7:59:11 AM Document: CCR 1999.04010842 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comma 1757429, AFFECTING THE SOUTHEASTERLY 20 FEET OF HEREIN DESCRIBED PROPERTY. MAINTENANCE OF SAID EASEMENT SHALL BE THE RESPONSIBILITY OF AND THE COSTS BORNE EQUALLY BY THE PARTIES HERETO. 3. EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE IN FAVOR OF PUBLIC UTILITY DISTRICT NO, I OF SNOHOMISH COUNTY AND WEST COAST TELEPHONE COMPANY - RECORDNG NO. 1819918. 4. EASEMENT FOR ROADWAY AND UTILITIES IN FAVOR OF ROBERT W. NORTHROP AND CAROL NORTHROP, HIS WIFE, RECORDED MARCH 28, 1974 UNDER RECORDING NO. 2333724, 5. EASEMENT IN FAVOR OF THE CITY OF EDMONDS, A MUNICIPAL CORPORATION, RECORDED JUNE 12, 1967 UNDER RECORDING NO, 1964422, FOR SANITARY SEWER. 6. AGREEMENT FOR JOINT OWNERSHIP OF SANITARY SEWER RECORDED JANUARY 12, 1968 UNDER AUDITOR'S FILE NO. 2007740. 7. EASEMENT FOR UNDERGROUND 'ELECTRIC TRANSMIS- SION AND/OR DISTRIBUTION LINES IN FAVOR. OF PUBLIC UTILITY DISTRICT NO. 1 OF SNOHOMISH COUNTY, UNDER RECORDING NO. 2179291. 8. EASEMENT FOR UNDERGROUND ELECTRIC TRANSMIS- SION AND/OR DISTRIBUTION LINES IN FAVOR OF PUBLIC UTILITY DISTRICT NO. I OF SNOHOMISH COUNTY AND GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC., UNDER RECORDING NO. 236790. OTHERWISE KNOWN AS 18620 94TH AVENUE WEST, EDMONDS, WASHINGTON, 98020. EXHIBIT C - 2 994431 Station Id :EEYG SNOROMISH,WA Page 8 of 8 Printed on 6/25/2008 7:59:12 AM Document: CCR 1999.04010842 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: IC Comme Station Id :EEYG 11 �IIIII N III �I11111 milli HIIIIIIIIII --- 199909300462 09/30/1999 02:01 PM Snohomish P.0004 RECORDED County AFTER RECORDING MAIL TO: 1+10 CISE TAX REQUIRED Name Steven Olav Aifsvaag Address 16627 OLYMPIC VIEW DRIVE CitylSlate EDM WS, WA. 98020 (JUCf q5( -t EASEMENT CHICAGO GRANTOR: GRANTEE: LEGAL DESCRIPTION: CRAIG T REIMER SEP 3 0 1999 608 DANIINI, Sisuh©MM 00MV Traasi U By 9p$ a0lit STEVEN OLAV ALFSVAAG ABBREVIATED BURDENED PARCEL: Ptn Lot 7,15 and 16, Block "C", Edmonds Seaview Tracts, vol 3 of plats, p 76, records of Snohomish County, Washington FULL: See Exhibit A ABBREVIATED BENEFITTED PARCEL, Pin Lot 14, Block "C", Edmonds Seaview Tracts, vol 3 of plats, p 76, records of Snohomish County, Washington FULL TAX PARCEL NOS.: (Burdened) (Benefitted) See Exhibit S 4346-003--4707-0161 - 20 In consideration of Ten Dollars ($10 00) in hand paid and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor, Craig T Reimer, hereby conveys and warrants to the Grantee, Steven Olav Alfsvaag, his successors and assigns, a perpetual, exclusive easement under, over, through and across the southerly 3 (three) feet of Grantor's property described in Exhibit A attached hereto and by this reference incorporated herein ("Grantor's Property"), for the general purposes of Grantee's property located immediately to the south of the burdened property of Grantor identified in Exhibit A, which property of Grantee is identified on Exhibit B attached hereto and incorporated by this reference ("Grantee's Property"), including pedestrian and vehicular access, ingress and egress, and parking, including parking of a boat on a trailer, such purposes to include the right to grade and regrade the easement area as the Grantee may I%c03475km08073W1401 SNOHOMISH,WA Page 1 of Printed on 6,2512008 7:59:12 AM Document: EAS 1999.09300462 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Commk Station fid :EEYG determine appropriate The cost of Inspection, maintenance, Improvement, repair, construction, reconstruction, location and relocation of any Improvements on the easement area shall be borne by Grantee The benefits and burdens of the easement shall run with the land and benefit Grantee's Property and burden Grantor's Property In witness whereof, this easement is executed as of this a-2- day of September, 1999 1-7-4-X CRAIG T. REIMER 1 STATE OF WASHINGTON ) ss COUNTY OF - 4V t.°7'X9V -j On this day personally appeared before me CRAIG T REIMER to me known to be the individual(s) described In and who executed the within and foregoing Instrument, and acknowledged that he signed the same as his free and voluntary act for the uses and purposes therein mentioned GIVEN UNDER MY HAND AND OFFICIAL SEAL this n qday of September, 1999 F 1 f1 (Signature) OFFICIAL SEA! PAMELA .1 GRUl3Ei '� aif,r(u ? (Please print name legibly) 1113r) PtA: SIX9 al i,'l 011glM S 0' - ws ,:a r'; ,°` 3 s-bz NOTARY PUBLIC In and fo{ the State of Washington, residing at ! I pi V& j My commission expires 3 -L, -L-, 1_ 1Li1347 54m0807310140 I 199909300462 SNOHOMISH,WA Page 2 of 4 Printed on 6/25/2008 7:59:13 AM Document: EAS 1999.09300462 Branch :GOS,Uscr :SAN2 Order: 5610580 Title Officer: JC Comme Station Id :EE'YG EXHIBIT A All that portion of Lot 15 and of the southwesterly 60 feet of Lots 7 and 16, Block "C", Edmonds Seaview Tracts according to the plat thereof, recorded in vol 3 of plats, p 76, records of Snohomish County, Washington, lying easterly of the paved highway, together with vacated Olympic Ave abutting upon and adjacent to the south 60 feet of said tract 16 and to all of said tract 15 1C03475W03073101401 1999993 x0462 SNOHOMISH,WA Page 3 of 4 Printed on 6/25/2008 7:59:14 AM Document: EAS 1999.09300462 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comm( Station ld :EEYG EXHIBIT 13 All that portion of Lot 14, Block °C", Edmonds Seaview Tracts, according to the plat thereof, recorded in vol 3 of plats, p 76, records of Snohomish County, Washington, lying easterly of the paved highway, together with the northwesterly 40 feet of vacated Olympic Avenue abutting upon and adjacent to said Lot 14 i k(13475Un4SVM140! 199909300462 SNOHOMISH,WA Page 4 of 4 Printed on 51.25/2008 7:59:15 AM Document: EAS 1999.09300462 Branch :GOS,User :SAN2 Order: 5610580 "Title Officer: JC Comme Station id :EHY{.i jJ111 11111 2a p90R102RECORDE➢7 PN1 Scountystl When Recorded Return To WURDEMAN & TESC1i P C. 320 DAYTON, SUITE 101 EDMONDS. WA 98020 Document Tide Covenaut and AgLcement ResInctingHeight of TT"5 and Vc ctahon Reference No NIA Grantors Robert R Doty & Karen H Remi2k Grantees Reimer. Alfsvaae & McCallum Legal Description Edinonds Sea View Tracts Block 3 Lot 4 aka Block C less the sly 10 feet of lot 4 and Edmonds Sea View Tracts Block 3 D-01 ,PW lot 13 ly w of Raved road Iess sty 10 feet of the ptn_ tint -l2 ly nwly Olympic View Drive a blk C (Additional legal on Exhibits A, B, C..& D1 Assessor's Parcel # 4346 003 004 0005 and 4246 003 013 0103 COVENANT AND AGREEMENT RESTRICTING HEIGHT OF TREES AND VEGETATION WHEREAS, Cragg T. Reimer, a single man, is the owner of the real property descnbed in Exhibit A attached hereto (Reimer Parcel), and WHEREAS, Steven Olav Alfsvaag, a single person, is the owner of the real property described in Exhibit B attached hereto (Alfsvaag parcel), and WHEREAS, Robert K. McCallum and Deborah W McCallum, husband and wife, are the owners of the real property described in Exhibit C attached hereto (McCallum parcel), and WHEREAS, Robert R Doty, a single person, and Karen H Remick, a single person, are the owners of the real property described in Exhibit D attached hereto (Doty/Remick parcel), and Covenant and Agreement Restricting Height of Trees and Vegetation - I ORIGINAL SNOHOMISH,WA Page 1 of 10 Printed on 6/25/2008 7:59:16 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: 7C Comme WHEREAS, the parties wish to preserve and protect the view enjoyed from the Reimer, Alfsvaag, and McCallum parcels by providing a reasonable height limitation for all trees and other vegetation on the Doty/Remick parcel, the parties do hereby covenant and agree as follow I Consideration This agreement is made for and in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties to this agreement 2. Benefitted and Burdened Parcels For purposes of this agreement, the Doty/Remick parcel shall be considered the burdened parcel, and the Reimer, Alfsvaag and McCallum parcels shall be considered the benefitted parcels 3 Height Restriction for Trees and Vegetation on the Burdened Parcel No tree or other form of vegetation shall be permitted to grow to a height in excess of twenty Five (25) feet on the burdened parcel (Any existing trees or other vegetation on the burdened parcel shall be initially removed or otherwise trimmed or pruned to conform to the height restrictions contained herein by Eaglewood Homes, Inc.) For purposes of this agreement, the height of any tree or other vegetation shall be measured from the point at which it emerges from the ground, to its uppermost point 4 Rielit to Enter and Cut or Remove Trees and Vegetation. In the event that any tree or other form of vegetation is permitted to grow in violation of the height restriction set forth above, and its owner fails to correct the violation within 30 days of being notified of such viola- tion, then, in that event, the owner of the benefitted parcels shall be permitted access to the bur- dened parcels for the purpose of having the offending tree or vegetation trimmed or cut, at the expense of the owners of the benefitted parcels, in such a manner that it complies with the requirement of this covenant 5 Specific Performance The parties agree that the remedy of specific performance shall be available to enforce the provisions of this agreement, notwithstanding the fact that other remedies may exist at law or by virtue of this agreement Nothing contained herein shall serve to limit the remedies available to any party to this agreement, 6 Attorney Fees and Costs. In the event it becomes necessary for any party to this agreement to bring suit to enforce an aspect of this agreement, the prevailing party shall be entitled to recover all reasonable attorney fees and costs incurred therein Covenant and Agreement Restricting Height of Trees and Vegetation - 2 20000 9050612 Station Id :EEYG SNOHOMISI ,WA Page 2 of 10 Printed on 6/25/2008 7:59.17 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 Order: 5610580 Title Officer. JC Com -e,— Station 1d :EEYG 7 Covenant to Run With the Land. The restrictions and rights contained herein shall be covenants running with the land, and shall be binding upon the parties hereto, their heirs, executors and assigns forever s C G T REIMER AEVEN OLAV ALF V K MCCALLUM DEBORAH W McC LUM R DO Y NkKAREN H REMIC STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) On this day personally appeared before me Craig T Reimer to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this day of J �l , 2000 rabic ARY PM L LIC in and for the State of �K Washington, residing at My commission expires nhar7 r u 9 arx,J STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) On this day personally appeared .before me Steven Olav Alfsvaag to me known to be the individual described to and who executed the witiun and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned Covenant and Agreement Restricting Height of Trees and Vegetation - 3 200009050612 SNOHOMISH,WA Page 3 of 10 Printed on 6/25/2008 7:59:17 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Cornrne._.. Station Id :EEYG `dram p,4" t, qnd and official seal this X1,..4 day of 2000 a NOTARY PSG N A Y PLIWLIC. in and for the State of d' ? 25•a S Washington, residing at ii' My commission expires: 7-•2, �f-- .21 y STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) On this day personally appeared before me Robert K McCallum to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned GNEN under my hand and official seal this_C -day of Qlu 2000- .-' NOTARY PUBLIC in and for the State of Washington, residing at f Q� y, My commission expires,. F ` _ ~STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISH) On this day personally appeared before me Deborah W, McCallum to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned G der m hand and official seal this I�,F�iui y day of 12000 _' ��v�to • el�� NOTARY PUBLIC in and for the State of Washington, residing at �iaGsft�r�� My commission expires 9.21 am) Covenant and Agreement Restricting Height of Trees and Vegetation - 4 *00009050612 SNOHOMISH,WA Page 4 of 10 Printed on 6/25/2008 7:59:18 AM Document: CCR 2000-09050612 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comm( Station Id :f EYG STATE OF WASHINGTON) )ss COUNTY OF SNOHOMISII} On this day personally appeared before me Robert R Doty to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned ,GIVEN under my hand and official seal this __e_ day of vt U4 , 2000 JLnL z�# �oYA�p 0. N T UBLIC in and for the State of � Washington, residing at lr') 1iYYl ltal'1 L a # y4t * :` My commission expires 'J of WAf��,r.• STATE 'Or ASHINGTON) )ss. COUNTY OF SNOHOMISH) On this day personally appeared before me Karen H Remick to me known to be the individual described in and who executed the within and foregoing instrument and acknowledged to me that she sighed the same as her free and voluntary act and deed for the uses and purposes therein mentioned GIVEN under my hand and official seal this _0_ day of }f_1_, 2000. ir���N Ay :gyp N TA PUBLIC in and for the State of :. Washington, residing at I My commission expires:_ ♦+`r WAS0 Covenant and Agreement Restricting Height of Trees and Vegetation - 5 200009050612 SNOHOMISH,WA Page 5 of 10 Printed on 6/25/2008 7:59:19 AM Document: CCR 2000.09050612 Branch :GO$,User :SAN2 Order: 5610580 Title Officer: JC Comate. Station Id :EEYG EXHIBIT A REIMER PARCEL ALL THAT PORTION OF LOT 15 AND OF SOUTHWESTERLY 60 FEET OF LOTS 7 AND 16. BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORD- ING TO THE PLAT THEREOF, RECORDED IN VOLUME i OF PLATS, PAGE 75, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, LYING EASTERLY OF THE PAVED HIGHWAY, TOGETHER WITH VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTH 60 FEET OF SAID TRACT 16 AND TO ALL OF SAID TRACT 15, ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRO- DUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE, ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTH- WESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON OTHERWISE KNOWN AS 18607 OLYMPIC VIEW DRIVE, EDMONDS, WASHINGTON, 98020 EXHIBIT A ,200009050612 SNOHOMISH,WA Page 6 of 10 Printed on 6/25/2008 7:59:20 AM Document: CCR 2000.04050612 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comme. Station ld :EEYG EXHIBIT B ALSVAAG PARCEL ALL THAT PORTION OF LOT 14, BLOCK "C", EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHING- TON, LYING EASTERLY OF THE PAVED HIGHWAY, TOGETHER WITH THE NORTHWESTERLY 40 FEET OF VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO SAID. LOT 14, ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTHERLY 20 FEET OF THAT PORTION OF VACATED OLYMPIC AVENUE LYING BETWEEN THE SOUTHERLY LINE OF TRACT 15, PRODUCED SOUTH-- EASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE AND THE SOUTHERLY LINE OF TRACT 12 PRODUCED SOUTHEASTERLY TO THE SOUTHEASTERLY LINE OF OLYMPIC AVENUE, ALSO, AN EASEMENT FOR ROAD OVER AND ACROSS THE SOUTH- WESTERLY 25 FEET OF TRACT 12, LYING EASTERLY OF PAVED HIGHWAY AND VACATED OLYMPIC AVENUE ABUTTING UPON AND ADJACENT TO THE SOUTHWESTERLY 25 FEET OF SAID TRACT 12 SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON OTHERWISE KNOWN AS 18627 OLYMPIC VIEW DRIVE, EDMONDS, WASHINGTON, 98020 EXHIBIT B 200009050612 SNOHOMISH,WA Page 7 of 10 Printed on 6/25/2008 7:59:21 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Corr -n. Station Id :EEYG EXHIBIT C MCCALLUM PARCEL ALL THAT PORTION OF LOT 68, EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF THE AUDITOR OF THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON, TOGETHER WITH THAT PORTION OF VACATED OLYMPIC AVENUE ADJACENT THERETO, ALL MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 68; THENCE NORTH 45°53'43" WEST 90 FEET, MORE OR LESS, TO THE MOST NORTHERLY CORNER OF THAT CERTAIN TRACT CONVEYED TO ROBERT W NORTHROP AND CAROL NORTHROP, HIS WIFE, BY DEED RECORDED MARCH 28, 1974 UNDER AUDITOR'S FILE NO 2333724, THENCE SOUTH 70051'25" WEST 67 FEET TO A POINT ON THE SOUTH- WESTERLY LINE OF SAID LOT 68, THENCE NORTH 50-31'53" WEST ALONG THE SOUTHWESTERLY LINE OF LOT 68, A DISTANCE OF 13I FEET TO THE SOUTHWEST CORNER OF LOT 68, THENCE NORTH 39028'07" EAST- ALONG THE NORTHWESTERLY LINE OF LOT 68 A DISTANCE OF 50 FEET; THENCE NORTH 50°31'53" WEST A DISTANCE OF 30 FEET TO INTERSECT THE CENTER LINE OF VACATED OLYMPIC AVENUE; THENCE NORTH 39028'07" EAST ALONG SAID CENTER LINE A DISTANCE OF 45.60 FEET, THENCE SOUTH 8915'23" EAST AND CONTINUING ALONG SAID CENTER LINE A DISTANCE OF 95 03 FEET, THENCE SOUTH 31023'36" EAST AND CONTINUING ALONG SAID CENTER LINE A DISTANCE OF 223.83 FEET TO AN INTERSECTION WITH THE NORTHEASTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF SAID LOT 68; THENCE SOUTH 39.28'07" WEST ALONG SAID NORTHEASTERLY EXTENSION LINE A DISTANCE OF 3175 FEET TO THE POINT OF BEGINNING SUBJECT TO COVENANTS, CONDITIONS AND RESTRICTIONS AS PROVIDED IN DECLARATION RECORDED UNDER AUDITO- R'S FILE NO 1405925. AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES IN FAVOR OF HENRY A BURD AND JENNIE H BURR, HUSBAND AND WIFE, THEIR HEIRS AND ASSIGNS, RECORDED FEBRUARY 6, 1965 UNDER RECORDING NO EXHIBIT C -- 1 20000 9050612 SNOHOMISH,WA Page 8 of 10 Printed on 6/25/2008 7:59:22 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comme Station ld :EEYC 1757429, AFFECTING THE SOUTHEASTERLY 20 FEET OF HEREIN DESCRIBED PROPERTY MAINTENANCE OF SAID EASEMENT SHALL BE THE RESPONSIBILITY OF AND THE COSTS BORNE EQUALLY BY THE PARTIES HERETO 3. EASEMENT AFFECTING A PORTION OF SAID PREMISES FOR ELECTRIC TRANSMISSION ANDIOR DISTRIBUTION LINE IN FAVOR OF PUBLIC UTILITY DISTRICT NO I OF SNOHOMISH COUNTY AND WEST COAST TELEPHONE. COMPANY - RECORDING NO 1819918 4 EASEMENT FOR ROADWAY AND UTILITIES IN FAVOR OF ROBERT W NORTHROP AND CAROL NORTHROP, HIS WIFE, RECORDED MARCH 28, 1974 UNDER RECORDING NO. 2333724 5 EASEMENT IN FAVOR OF THE CITY OF EDMONDS, A MUNICIPAL CORPORATION, RECORDED JUNE 12, 1967 UNDER RECORDING NO 1964422, FOR SANITARY SEWER, 6. AGREEMENT FOR JOINT OWNERSHIP OF SANITARY SEWER RECORDED JANUARY 12, 1968 UNDER AUDITOR'S FILE NO 2007740 7. EASEMENT FOR UNDERGROUND ELECTRIC TRANSMIS- SION AND/OR DISTRIBUTION LINES IN FAVOR OF PUBLIC UTILITY DISTRICT NO I OF SNOHOMISH COUNTY, UNDER RECORDING NO 2379291 8 EASEMENT FOR UNDERGROUND ELECTRIC TRANSMIS- SION AND/OR DISTRIBUTION LINES IN FAVOR OF PUBLIC UTILITY DISTRICT NO 1 OF SNOHOMISH COUNTY AND GENERAL TELEPHONE COMPANY OF THE NORTHWEST, INC., UNDER RECORDING NO. 236790 OTHERWISE KNOWN AS 19620 94TH AVENUE WEST, EDMONDS, WASHINGTON, 98020 E=BIT C - 2 SNOHOMISH,WA Document: CCR 2000.09050612 20000 9050612 Page 9 of 10 Printed on 6/25/2008 7:59:22 AM Branch, GOS,User:SAN2 Order: 5610580 Title Officer: IC CommE Station Id :EEYC EXHIBIT D DOTY/REMICK PARCEL LOT FOUR (4) AND THAT PORTION OF LOT THIRTEEN (13), BLOCK C, EDMONDS SEA VIEW TRACTS, ACCORDING TO PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON LYING WEST OF OLYMPIC VIEW DRIVE, EXCEPT THE SOUTHERLY 10 FEET OF THAT PORTION OF LOT THIRTEEN (13) LYING NOR'T'HWESTERLY OF OLYMPIC VIEW DRIVE AND THE SOUTHERLY 10 FEET OF LOT FOUR (4), ALL IN SAID BLOCK C SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD THE COMBINED PARCELS REFERRED TO ABOVE ARE OTHERWISE COMMONLY KNOWN AS 18610 OLYMPIC VIEW DRIVE, EDMONDS, WASHINGTON EXHIBIT D 20000905U612 SNOHOMISH,WA Page 10 of 10 Printed on 6/25/2008 7:59:23 AM Document: CCR 2000.09050612 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comme Station Id :EEYG 200412030426-001 AFTER RECORDING RETURN TO: ATTN 00CiII1FNT CONTROL GOLF SAVING. BANK P O cox 501-0 � 200412030426 11 PGS RI111f1 12.03-2004 01:24ptn $30.00 SNOHOMISH GOUNTY. WASHINGTON [Space Above This Line For Recording Dalai DEED OF TRUST AEn+ERISO7054 MIN iao2u5a-iota023319-5 DEFINITIONS Word used in multiple sections of dBs document are defined below and other words are defined in Scauous 3, 11, 13, 18, 20 and 21 Certain rules regarding the usage of words used in ibis document ars also provided in Section l6 (A) "Security instrument„ means this document, which is dated uwe,wer 24. ioe4 , together with an Riders to this document (B) "Borrower,, is _ CA IG T RYIWR and ANGIE REINEA, MUSe"D AND WIFE Borrower is the trustor under this Security Instrument (C) "Leader,, is -LP SAVINGS BANK bender is a Stock Savings Bank organizedand existing tender the laws of the State of Washington Leadcr's address Ys P o Box 5151 !Rf.ynn><ood, ww 2ea4s Lender is the beneficiary under this Security Instrument (D) "Trustee„ is OLD Ra PVBLrc TITLE, Lin (E) "MEAS„ is Mortgage Etectroni, Registration Systems, Inc MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns MERS is the beneficiary under this Security Instrument. MERS Is organized and existing under the laws of Delware, and has an address and telephone number of P O Box 2025, Flint, M148501-2626, tat (888) 674-MERS (F) "Note„ moans the promissory note signed by Borrower and dated xavescar 24, 2004 The Note states that Borrower owes Lender Four Hundred se..r y Th",sand F— x,.ndred a„d —Aao Dollars (US $ 474.5oo ao )plus interest Borrower has promised to pay this debt in regular Penske Payments and to pay the debt in fid not later than per -mbar 1, 1034 (C) 4LPruperty„ means the property that is described below and under the beading "Transfer of Rights in the Property 5£E ATTACKED LEGAL DESCRIPTION BY THIS RFFSRENcX N E A PART AEREOF OLD REPUBLIC TITLE LTD62�2C)'b4A Assesses's Parcel or Account Number aaglgs-ao3-ahi-Di r t1������Y (H) "Loan„ means the debt evidenced by the No% plus sideresi, any prepayment charges and late ebargcs due under the Note, and all sums due under this Security Itiswment, plus Merest ([)"Riders, means all Riders to this Security Instrument stat are executed by Borrower The following Riders are to be executed by Borrower ]cbeck box as applicable] ❑ Adjustable Rate Rider 0 Condominium Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Otber(s) [specify] ❑ 1-4 Family Rider ❑ Biweekly Payment Rider (J) "Applicable Law,, means all controlling applicable federal, state and local statutes, regulations, ordinances and admm[strat[vc rules and orders (that have theelrect of law) as well as all applicable final, non -appealable judicial options (K) "Community Association Dues, Fees and Assessments„ means all dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condominium assacianon, homeowners association or similar organization W, 5111NGFONSmrlr FurcRY- Fa..kM.NF.adEk M,e ONnORMINBIynMLNT wnFMFJaS F•m3=9 K1 p•g!•fu SNOI-IOMISI-I,WA Page I of I I Printed on 6/2512008 7:58:45 AM Document: TDD 2004-12030426 Branch :GOS,User :SAN2 Order. 5610580 Title Officer: 3C Comm, Station Id :EEYG 200412030426.002 (L) "Electronic Funds Transfer„ means any transfer of funds, other than a transaction originated by check., draft, or stmt lar paper instrument, which is mattatcd Through an electronic tcmtinal, telephonic mstulmrnt, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term mcludcs, but is not limited to, point-of-sale transfers, automated teller inaehme transactions, transfers initiated by telephone, wire transfers, and automated cieataghouse transfers (M) "Escrow Items„ means those items that ate dcscnbed in Section 3 (N) "Miscellaneous Proceeds„ means any compensation, settlement, award of damag;s, or proceeds paid by any thud party (other than msurance proceeds pard [order ibc coverages described in Seaton 5) for (m) damage to, or destruction of, the Property, (u) condemnation or other taking of all or any party of the Property, (vi)convcyancc in lieu of condemnatnn, or (iv) misrepresentations or, or omissions as to, the value and/or condition of the Properly (0) "Mortgage Insurance„ means insurance pwiccung Lender against the nonpayment of, or default on. the Loan (P) "Periodic Payment„ means the regularly scheduled amount duc for (t) principal and merest under the Note, plus (i) any amounts under Section 3 of itis Security Instrument (Q) "RESPA„ means the Real Estate Settlement Procedures Act (12 U S C § 2601 et seq ) and its implementing regulation, Regulation X (24 C F R Part 3500), as they might be amended from time to 4nte, or any additional or successor legislation or regulation that governs the same subject matter As used to this Security Instrument, "RESPA„ refers to ail requuem cats and restrictions that are imposed in regard to a "federally related mottgage loan„ even if the Loan does not quahfy as a "federally related mortgage loan„ under RESPA (R) "Successor in Interest of Borrower„ means any patty that has taken title of the Property, whether or not that party has assumed Borrower's obligations under die Noce and/or this Security Instrument "TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (soley as nommce for Tinder and Lender's succcssois and assigns) and the successors and assagns of MFRS This Security Instrument secures to Lender (i) the repayment of the Loan, and all renewals, cxtcnsiuns and modifications of the Note, and (it) 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, m truss, With power of sale, the following described property located in the County of .— SEE ATTAClICa LCWL DESCRIPTION ay — a IMAENCE i E A PART aEMOr Parcel ID Number 004346-003-001-01 which currently has the address of {sow) icily] Washington 26o2o ("Property Address,/ (Zip Code) TOGETHER WITH all the improvements now or hereafter crectcd on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property Alt replacements and additions sham also be covered by this Security Instrument All of the foregoing is referred to in this Secuni Instrument as the "Property,, Borrower understands and agr tes that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nommce for Leader and Lendcr's successors and assigns) has the right to exercise any or all of those interests, including, but not hmrfed to, the right to foreclose and sell the Property, and to take any action required of Lender including, but not limited to, rcicasmg and canceling tins Security Instrument BORROWER COVENANTS that Borrower is lawfully seised of the estate bacby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, txeept for cricumbranees of record , Borrower warrants and will defend generally and We to the Property against all claims and demands, subjects to i any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-mnforin covenants with hatted variations by junsdiction to constitute a uniform security instrument covering real Property UNIFORM COVENANTS Borrower and Lender covenant and agree as follows I. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and miertst on, the debt evidenced by the Note and any j prepayment charges and late charges due under the Note Borrower shall also pay funds for Escrow petits W. Si3iNCYa[I�urki,m+lY• h„kN,+i,Mdi,M., uenrvanl lMSrkaMrNY W,1'IrfdrrE rim blr Lrl p�i,l if SNOHOMISH,WA Page 2 of 11 Printed on 6/25/2008 7:58:45 AM Document: TDD 2004.12030426 Branch :GOS,User :SAN2 Order: 5610580 Title Officer. JC Commr Station Id :EEYG ►-1111=f P[BirL'+ IK11lB11 pursuant to Sceti❑n 3 Payments due undo the Note and this Security Instrument shall be made in U S currency However,. If any check or other instrument received by Lender as payment under the Note or this Security Instrument IS returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or mom of the following forms, as selected by Lander (a) cash, (b) money order, (e) certified check, hank aback, 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 Payments arc deemed received by Lender when rcccrved at the location dcsifinued in the Note or A such other location as may be destgnated by Lendenn accordance with the notice provisions in Section € 5 Lender may return any payment or partial payment if the payment or partial payments ae insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments ate accepted f r each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapphad funds Lcndcr may bold such unapplied finds until Borrower makes payment to bang the Loan current if Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or returar lbem to Borrower If not applied earlier, sucb funds will be applied to In; outsutnding principal balance under the Note immediately prior to foreclosure. No offset or claun which Borrower might have now or to the future against Lcndcr shall relieve Borrower from making payments due umkr the Note and this Security Instrument or performing the covenants and agreements secured by this Secunty Instrument Z. Application of Payments or Pracceds. Except as otherwise described in this Scchon2, nil payments accepted and applied by Lender shall be applied in the following order of priority (a) interest due under the Note, (b) principal due under the Note, (c) amounts due under Section 3 Such payments sbakl be applied to each Periodic Payment rn the order in which it became due Any remaining amounts sba➢ be applied fust to, late charges, second to any other amounts due under this Sccunty Instrument, and then to reduce the principal balance of the Note If Lender receives a payment from Borrower from a delinquent Periodic Payment which includes a slifficrent &moult to pay any late charge due, the payment may be applied to die delinquent payment and the late charge If mare (ban one Periodic Payment is outstanding, Lender may apply any payment rcccrved from Harrower to the repayment of the Periodic Payments if, and to the extent that, each payment can b: paid in full To die extent tbat any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges die Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Nom Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Penodtc Payments 3. Funds for Escrow Items. Bormwcr shall pay to Lender on The day Periodic Payments ate due under the Nate, until the Note is paid in full, a sum (the "Funds„) to provide for payment of amounts due for (a) taxes and assessments and other items which can attain pnonty over this Security lastritmemt as alien ur encumbrance on (he Property, {b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, if any, or any sums payable by Bonowtr to Lender in lieu of the payment of Mortgage Insurance Ircmuims in accordance with the provisions of Section 10 These items are called "Escrow Items,. At origination or at any trmc during the term of the Loan, Lender may require that Community Associatuo Rues, Pecs, and Assessments, Jany be cscrowcd by ]borrower, and such dues, fees and assessments shall be an Escrow Itcm Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Secuan Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be in writing In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items directly, pursuant to a waiver, and Borrower fads to pay the amount and Borrower shall then be obligated urder Section 9 to repay to Lendcrany such anoint Lender may revoke the waiver as to any or all Escrow hems at any time by a notice given in awordance with Section 15 and, upon such revocation, Borrower shall pay to Lenderall Funds, and in such amounts, that are requtred under this Section 3 Lender may, at any time, collect and hold Funds in an amount (a) surficicn to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum Imount a lender can require under RESPA Lender shall 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 Law lite Funds shall be held in an institution whose deposits arc insured by a federal agency, Insmtmentality, or cality (including Lcndcr, if is an institution whose deposits are so insured) or in any Federal Homo Loan Bank Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA Lender shall not charge Borrower for holding and applying the Funds, anmuallyanelyzuig 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 Unless an agreement is made in wnhrig or Applicable Law rcquues interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest err earnings on the Funds Borrower and lAndcr can agree in writing, however, that interest shall be paid in the Funds Linder sbaH give to Borrower, without charge, an annual accourilmg of the Funds as required by RESPA If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA if there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as mllutrcd wpSinML-roNSWFwir- il••i•MwrMrM M•, 1!lnnaa/r I.WSIFVMrkT Wilai M[9r rneYYlNI SNOHOMiSH,WA Page 3 of 11 Printed on 6/25/2008 7:58:46 AM Document: TDD 2004.12030426 Branch :GOS,User :SAN2 Order: 5610580 Title Offtcer:.IC Comme. Station Id :EEYG 20041203f1426.004 by RESPA, and Borrower shall pay to Lcndcr the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly peymcnU Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions atinbutablc to the Property which can altmn priority over this Security instrument, Ieasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessmenis, if any To the tment that these nems arc Escrow Items, Borrower shall pay them in the manner provided in Section 3 Borrower shall promptly discharge any hen which has priority over this Security Instrument unless Borrower (a) agrees in wrinol; to the payment of the obligation secured by the lien in a marm +acceptable to Lender, but only so long as Borrower is performing such agreemrnt, (b) contests the lien in good faith by, or defends against enforcement of the lien In, legal proceedings which in Lender's opinion operate to prevent the enforecmenl of the lien while those proceedings alt pending but only until such proceedings arc concluded, or (e) secures from the holder of the lien an agreement satisfactury to Lender subordinating the hen to rhes Security Instrument if Lender determents that any part of the Property is subject to a hen, which can anan priority over this Security Instrument, Lender may give Borrower a notice idcntifytug the lien Within t0 days of the dale on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set fortb above In this Section 4 Lender may require Borrower to pay a ont-time charip for a real estate tax verification and/or reporting service used by Lender in connection wide this Loan 5. Property Insurance. Borrower shall keep the improvements now existirg or hereafter erected on the Properry insured against loss by fire, hazards included withm the term "extended coverage,,, and any other hazards including, but not limited in, earthquakes and floods, for which Lender requires insurance Thrs insurance shall be maintained to the amounts (Includng deductible levels) and for the periods that Lender requires What Lender requires pursuant to the pracading sentencescan change during the term of the Loan The Insurance earner providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's chatee, whicb nghe sbaB not be exercised unreasonably Lcndcr may regltire Borrower to pay, in connection wah this Loan, either (a) a one-time charge for flood zone dctcmtmatien, certification and tracking services, ar (b) a one-time charge for flood zone determination and certification services and subsequent charges each time re -mappings or similar changes occur which reasonably aright affect such determination or certification Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connccuon with the renew of any flood tone del;rminahon resulting from an objection by Borrower if Borrower fads to maintain any oftie coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense Leader is under no obligation to purchase airy particular type or amount of covcmge Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's egmty in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was prevtously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might sigrsficandy exceed thercost orrnst rano that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt orBorrower scoured by this Security Instrument 9hese amounts shall bcarmterest at the Now rate from the date of disbursement and sball be payable, with such interest, uponnotice from Lcndcr to Borrower requesting payment All Insurance politics required by Linda and renewals of such policies shall be subject to Lenders tight 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 told the policies and renewal certificates If Lcndrr requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices If Borrower obtains any form of insurance eovemge, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and(or as an addioonai loss payee In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss A not made promptly by Borrower Unless Lcndcr and Borrower odrerwise agree m wnitng, any insurance proceeds, whedier or cot the underlying insurance was required by Lcndcr, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not )=tried During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has bcca completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lcndcr may disburse proceeds for the rcpaus and restoration in a single payment or in a series of progress payments as the work is completed Unless an agreement is made m writing ar Applicable Law requires interest to be paid on such anStirance proceeds, Lender shall not be required to pay Borrower any Interest or carmags on such proceeds Fees for public adjusters, or other thud parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole oblgattcn of Borrower 1f the restoration or repair As not economically feasible or Lender's security would he Icssaued, the insurance prooceds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, at any, paid to Borrower Such insurance proceeds shalt be applied in the order provided for in Section 2 If Borrower abandons the Property, Lender may file, negotiate and settle any atonable Insurance claim and related,mattcts It Borrower does net respond within 30 days to is nonce from Lender that the insurance came+ has offered to sculc a claim, then I.endtr may negotiate and sense the clarm The 311 -day period will begat when she notice is given In titter event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any tmuranee proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other Ww5inN4TOX;miL Pu W/• Fl,"MM,frmtlaM M••aM1rOCM JNS[a1R.SM N7rir M[P9 F.—N. 1-1 ".4.914 SNOHOMiSH,WA Page 4 of I I Printed on 6125/2008 7:58:47 AM Documelit_ TDD 2004.12030426 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: 7C Comm Station Id :FEYG 200412030426.005 than the right to any refund of untamed premmms pard by Borrower) under all insurance politics covering the Property, insofar as such rights are applicable to the covertgc of the Property Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note of tlus Security Instrument, whether or not then due 6, Occupaucy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Inarument and shall continue to occupy the Property as Borrower's principal residence foss least one year after 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 7_ Preservation, Maintenance and Prots6on of the Property; Inspections. Borrower shall not destroy, damage or Impair the Property, allow the Property to domorute or commit waste on the Property Whether or not Borrower is residing to the Property, Borrower shall maintain the Property In order to prevent the Property from deteriorating in value due to tis condition sinless it is dcicumned pursuant to Section 5 that repair or restoration is not ecunomtcally feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage If insurance or condemnatton proceeds arc pard in connection with damage to, or the taking of the Property, Borrower shall be responsible far repairing err restormg the Property only if Lender has released proceeds for such purposes Lcndcr may disburse proceeds for the repairs and restoration in a single payment or Ina 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 Barrower's obligation for the completion of such repair or restoration Lender or its agent may make reasonable crimes upon and inspections of she Property if it hes reasonable cause, Lender may inspect the mtcnorof ilio improvements on the Property Lender shall give Borrower nonce at the time of or prior to such an interior inspection specifying such reasonable cause S. Borrower's Loan Application. Borrower shall be in default rS during the Loan application process, Borrower or any person or entities acting at the direction of Borrower or with Boirawar's knowledge or consent gave materially false, misieading, or inaccurate nrformauonor statcmenis to Lender (or faded to provide Lender with material information) in connection with the Loan Material representations include, but are not limned IA rcpresentatiens concerning Borrower's occupancy the Property as Borrower's principal residence 9. Protection of Lender's Interest In the Property and Rights Under (his Security instrument. If (a) Borrower fails to perform the covenants and agreements contained to the Security Instrument, (b) there is a legal proceeding that migh significantly affect Lender's interest in the Property "or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation Or foffetture, for enforcement of a hen wbnch may attain pnorvy over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, than Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest In the Property and rights under this Security Instrument, meludutg protecting and/or assessing the value of the Property, and secunng and/or repairing the Property LeMier's actions can include, but arc not limited to (a) paying any sums secured by a lien which has prionty over this Security Instrument, (b) appearing in court, and (c) paying reasonable attorneys' fees to protect its interest to the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding Securing the Property includes, but is not limned t0. entering the Pmperty to make repairs, change locks, replace or board up dours and windows, drain water from pipes, elsmLIMIN building or other code violations or dangerous conditions, and have uldmes tuned on or off Although Lender may take action under tlus Section 9, Lender does not have to do so and is not under any duty or obligation to do so It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Station 9 Arty amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Stcunty Instrument These amounts shall bear interest at the Note rate nom the date of disbursement and shalt be payable, with such Interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is m a leasehold, Borrower shall comply with all pro+,siuns of the lease If Borrower acquires fere title to the Property, the leasehold and the fee title shall nn merge unless Lender agrees to the merger In writing 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to masniain the Mortgage Insurance sn effe:t If, for any r eason, the Mortgage Insurance coverage required by Lender coasts to be available from the mortgagcinsurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums mquued 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 previously in effect, from an alternate mortgage insurer selected by Lender if substanually equivalent Mortgage Insurance coverage is not available, Borrower shall conurme to pay to Lender the amount of the separately designated payments that were due whenthe insurance coverage ceased to be to effect Lender will accept, use and retain those paymcrivas a non•refundabfe loss icscrvo in lieu of Mortgage insurance Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately pad in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve Lender can no longer require lass payments if Mortgage Insurance coverage (In the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, Is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance if Landcr taquired Mortgage fnsumnet as a condnlon of making the Loan and Borrowerwas required to make separately designated payment toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with eery written agreement between Borrower and Lender providing for such termination or until termination is pTSrilli4TON—iusrk PurvlY• fY,NrMWFmiGrMx UkirpFM fXrralrMrirrwlrii MEpa 1-3-1-1 pr,r 910 SNOHOMISH,WA Page 5 of i I Printed on 6/25/2008 7:58:48 AM Document: TDD 2004.12030426 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: !C Comm Station Id .EEYC 2004120311426.1)(315 required by Applicable Law Nothing in this Section 10 afEcts Borrower's obligation to pay interest at the rate provided in the Note Mortgage Insurance reimburses Lender (or any cntilythat purchases the dote) for certain losses it may incur if Bormwer does not repay the Loan as agreed Borrower is not a parry to the Mortgage insurance Mortgage insurers evaluate their total risk on all such insurance in form from time to itme, and may enter into agreements with other parties that share or modify their risk, or reduce losses These agreements are on terms and conditions that are satisfactory to the mortgage ensurer and the other party (or parties) to these agreements These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may love available (whteh may include funds obtaned from Mortgage insurance premiums) As a result of these agreements, Lender, my purehascr of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of any of the forcgat[g, may receive (directly or indirectly) amounts that derive from (or might be chaiactenzcd as) it portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage msurces risk, or rMducmg losses kf sucb agreement provides that an 4,111 late of Lender takes ashare of the insurers risk in exchange for a share of the premiums pard to the insurer, the arrangement is often termed "captive rornsurawc: „ Further (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insursnce, or any other terms of the Loan, Such agreements will not increase the amount Borrowerwill owe for Mortgage losurance, and they will not ealitie Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1996 or any other law. These rights may include the right to recelve certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. ALI Miscellaneous Proceeds arc hereby assigned to and shall be paid to Lender If the Property is damaged, such MlaeenaaCaaS Proceeds shall be applied to restoration or repair of the Property, if the restoration or repau is economically fcssibb and Lender's security is not Lessened IDunng such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lenders soisfaction, provided that such inspection shall be undertaken promptly Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed Uniess anagreement is made m wnting or Applicable Law requires interest to be pard on such Miscellaneous proceeds, Lender shall not be required to pay BGnuwcr any interest or earnings on such Miscellaneous Proceeds if the resiorahon ar repay is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be, applied to the sums secured by thts Security instrument, whether or not then due, with the excess, 'fany, paid to Borrower Such Miscellaneous Proceedssball be appitcd in the order provided for in Section 2 in the event of a total takirg, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied torte sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower In the event of a partial taking, destructnn, of 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 equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, dessruamn, or loss to value, unless Borrower and Lender otherwise agree lin writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction (a) the total amours of the sums secured immediately before ibe partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial faking, destruction, or toss in value Any balance shall be paid to Borrower. In the event ofs, partial taking, destruction, or loss in value of the Property in which (he Parr 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 venting, the Miscellaneous Proceeds shall be applied to the sures secured by this Security Instrument whether or not the sums are then due If the Property is abandoned by Borrower, or if, after nouce by Lender to 8arrower that the Opposing Party (as defined in the next sentence) offers to mike an award to scute a claim fordamages, Borrows fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceedseriber to restoration or repair of the Property or the sums secured by this Sccunty Instrument, whether or not then due "Opposing Party„ means the thud party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, to Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security instrument Borrows con cure sucb a default and, rf acceleration bas occurred, reinstate as provided to Section 19, by causing the action or proceeding to be dismissed with a nrlsrg that, in Lcndcr s judgment, precludes forfeiture of the prapaty or other material impairment of Lender's interest in the Property or ngbts under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lcnder's interest in the Property are lereby assigned and shall be paid to Lender Alt Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in The order provided for to Section 2 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension ofthc time for payment or modification damortization of the sums secured by this Security Instrument granted by Lender to wnaumcra&-era Fr y r1,.. 714 1-1 "6•111 SNOHOMISH,WA Page 6 of 11 Printed on 6/25/2008 7:58:49 AM Document: TDD 2004.12030426 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comm Station Id :EEYG 200412030426.007 Borrower or any Successor in iuleresl of Borrower shall not operate to release the liability of Borrower or any Successorsm Interest of Borrower Lender shall not be required to commcnceprocccdhngs against any Successor an luterest of Borrower or to refuse to extend time for payment or otherwise modify amortization of tae sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower Any forbearance by Lcndcr m exercising any right or remedy including, without limitation, Lender's acceptance ofpayments from third persons, entrees or Successors in lutzmst of Borrawcr or in amounts less than the amount then due, shall net be a waiver of or prccludc the exercise of any eight or remedy 13. Joint and Several Liability; Co-signers; Successors nod Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several However, any Bor rower who co-signs this Security Instrument but does not execute the Note (a "co-signer„) (a) is co -sighing this Security Instrument only to mortgage, grant and convey the co-sigaer's interest in the Property under the terms of this Security Instrument, (b) is not personally obligated to pay the sums secured by this Sa unty Instrument, and (e) 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 Note withnii the co-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations Under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's Lights and bentfits under this Security Instrument Borrower shall not be rcicased from Borrower's obligauons and haWny under this Security Instrument mics Lender agrees to such release in writing The covenants and agreements ofthis Security Instruments shall bird (except as provided in Section 20) and beneft the successors and assigns of Lender 14. Loan Charges. Lender may charge Borrower fees for services perforated in connection wren $orruwcr's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees In regard to any other fees, the absence of express authority to this Security €nstrumcni to charge a spicific 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,thhs Security Instrument or lay Applicable Law If the Loan is subject to it law which sets maximum loan dirges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection withthe Loan exceed the permitted Imuts, then (a) any such loan charge shalt be reduced .by the amount riecesarry to reduce the charge to the permlttod lint, and (b) any sums already collected from Borrower which exceeded permitted limits will he refunded to Harrower 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 (whether or not a prepayment charge is provided for under the Note) Borrower's acceptance of any such refund made by direct payment to Borrower will constittae a waiver of any right of action Borrower might have arising out of such overcharge 15. Notices. All notices given by Borrower or [.ender in connection with this Secunty Instrument must be in writing Any notice to Borrower in connection with this Security Instrument shall be dcomed to have ban given to Borrower when mailed by first class mall or when actually delivered to Borrower's notice addressif sem by other means Notices to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise 'Me nonce address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender Borrower shall promptly notify Lender of Borrower's change of address If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address tbmugh [bat specificd pmccdare There maybe only one designated notice address under this Secunty Instrument at any ono time Any notice to Lender shall be given by delivering i or by mahhog it by first class mail to Lender's address stated herein unless Lender has designated madtcr address by notice to Borrower Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender If any notice required by this Security Instrlimeai is also mqurrcd under Applicable Law, the Applicable Lawmquircment will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be govemcd by federal law and the law of the jonsdretwo n which the Property is located All rights and obligations contained to has Security instrument are subject to any requirements and limitations of Applicable law Applicable Law might explicilly allow the parties to agree by contract or it might be stem, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of lits Security Instrument or the Note conflicts with Appltcable Law, such conflict shall not affect other pmvtsrtns of the Security Instrument or the Note which can be given effect without the conflicting provision As used in this Security Instrument (a) words ofthe maseul[ne gender shall mtari and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa, and (c) the word "may„ gives sole discretion without any obligation to take any action 17. Borrower's Copy- Borrower shall be given one copy of the Note and of the Security Insmunent 18. Transfer of the Property or a Beneficial Interest In Borrower As used an this Section 18, "Interest in the Property„ Means any legal or beneficial interest in the Property, including, but not limited to, those bcucfrcial interests transferred an a bond for deed, contract for deed, ansiailment sales contract or escrow agreement, the intent of wlucb is the tmasfer of title by Borrower at a future date to a purchaser If aB or any pati of the Property or any Interest in the Property is sold or transferred (or of Borrower ss not a natural person and a beneficial mterest in Bnriawer is sold or transferred) without Lender's prior written consent, Lender may requite immedlatt paynunt 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 wnraWGfeN-S,egie F.e.dy. iya.aM.dreatal.ii., aMlmhUiiASrRii�rSxr'a'ri'H Mus r«w.u«riwa ua.,aO SNOHOMISH,WA Page 7 of I I printed on 6/25/2008 7:58:50 AM Document: TDD 2004.I2030426 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: 7C Commi: Station Id :EEYG 200412030426.008 If Lender exercises this option, Lender shall give Borrower notice of acceleration The nouee shall provide a period of not lesa than 30 days from the date the notice is given m accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sumspnor to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument wthout further notice or demand on Harrower 19. Bnrrower'a Right to Reinstate After Acceleration. If Borrower meet$ certain conditions, Borrower shall have the right to have enforcement of this Security Instrument diseummued 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 migbt specify for the termination of Borrower's Tight to reinstate, or (c) entry of a judgment enforcing this Security Instrument Thosc conditions are that Borrower (a) pays Lender all sums which then would be due under this Sccunty Instrument and the Note as tf no acelcralton had occurred, (h) cum any default of any other covenantor agreements, (c) pays all expenses incurred to enforcing this Security Instrument, including, but not limned to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of prateelmg Lender's interest in the Property and rights under this Security Instrmnent, and (d) lakes such action as Lender may reasonably require to assure that Lender's interest in the Property and tights under this Security Instrument, and Borrower's obligation to pay sums secured by this Security Instrument, Shall continue unchanged Lender may rcquere that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender (a) cash, (b) money order, (c) citified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose daposts are insured by a federal agency, Instrumentality or minty, or (d) Electronic Funds Transfer Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration bad occurred However, this nght to reinstate shall not apply in case of acceleration under Section I B 20. Sale of Note; Change of Loan Servicer, Notice or Grievance. The Note OF a partial interest in the Note (together with this Secunty Instrument) can be sold one or more times without pnor nouee to Borrower A sale might result in a change in the entity (krown as the "Loan Servicer..) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan scvicing obligations under the Note, this Security liistrament, and Applicable Law Them, also might be an, or more changes of the Loan Service unrelated to a sale of the Note If there is a change of ibc loan Service, Borrower will be given written notice of the change which will stale the name and addres of the new Loan Surviccr, the address to which payments should be made andany other mfrmnatton ItESPA requires at connection with a nobce of transfer of servicing If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Scrvta:r or be transferred to a successor Loan Servicer and are not assumed by the Nott purchaser unless otherwise provided by the Not, purchaser Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that anscs from the otber party's actions pursuant to this Security Instrument or that alleges that the other party has bresbcd any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Leader has notified the other party (with such Witt: given in compliance with the requirements of Sichon 15) of sucb alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action If Applicable Law provides a time period, which must elapse before certain action can be taken, that time period will be deemed to be icasonabic for purposes of this paragraph The notice of accelcranon and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shai be deemed to satisfy the notice and opporRtnity, to take corrective action provisions of this Section 20 21. Hazardous Substances. As used in ibis Section 21 (a) "Hayardous Substances„ 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) "Envmonmcntal Law„ means federal laws and laws of the jansdrehon where the Property is located that relate the health, safety or environmental protection (c) "Environmental Cleanup„ includes any response action, remedial action, or remove action, as defined in Envuenmental Law, and (d) and `Environmental Condition„ means a condition that can cauce. contrihute to, or otherwise trigger and Environmental Cleanup Borrower shall not cause or pemret the presence, use, disposal, storage, or r $lease 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, anytlnng affcctmgtbe Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property The preceding two sentences stall not apply to the presence, use, or storage an the Property of small quantities of Hazardous Substances that are generally recognized to bcapproptiate to normal residential uses and to maimename ofthe Property (Including, but not limited to, hazardous substatics in consumer products) Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govcmintuMl or regulatory agency or private party involving the Property and any Hazardous Substance or Envimnmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, tc ing, discharge, release or threat or 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 learns, or is nolificd by any governmental or regulatory autborry, or any private party, tba[ any removal or other remediation of any Hazardous Substance affecting the Property is WnrA1NCr'aM�miY Pam,IY- r�ukia..ntwa, M.eaMnaaM laaraUllrMi Wrra MSaS r—. wi "A fit SNOHOMISH,WA Page 8 of I l Printed on 6/25/2008 7:58:51 AM Document: TDD 2004.12030426 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comm Station Id :EEYC 200412030426,009 necessary, Borrower shall promptly take all nccessmy remedial actions in accordance with Envsronuiental law Nothing hcrcm shall aeateany obligation on Lender for an Eirmonmemai Cleanup NON-UNIFORM COVENANTS Borrower and Lender further eovcnam and agree as follows 22- Acceleration; Remedies. Lender shell give nonce to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise)- The noticeshall specify, (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice Is given to Borrower, by which the default must he cured; and (d) that failure to cure the default on or before the date specified In the notice may rani t 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 court action to assert the non-existeuoe 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 optlem, may require Immediate payment in full of alt sums secured by this Security instrument without further demand and may Invoke the powerof sale and/or any other remedies permitted by Applrcahle Law. Lender shag be entitled to caltect all expenses incuired in pursuing the remedies provided in this Section 22, Including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Leader invokes the power of sale, Lender shat) give written notice to Trustee of the occurrence of an event of default and of Lender's elation to cause the Property to be sold- Trustee and Lender shall take such action regarding notice of sale and shall glue such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated to the notice of sale In one or more parcels and to 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 or Its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence afthe truth of the statements made therein. Trustee shall apply the proceeds of the sale In the following order., (a) to all expenses of the sale, Including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk or the superior court of the county in which the sale took place. 23. Recouveyarice. Upon paymcni of all sums secured by this Security Instrument, Lender shall request TTUSICe to recanvey 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 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 reconvoyancc 24. 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 htacin and by Applicable Law 25. Use of Property. 'tie Property is not used pnucipaliy for agriculture purposes 26 Attorneys' Feez. Lender shall be entitled to recover its reasonable attorneys' feesand costs in any action or proceeding to construe or enforce any term of this Security Instrument The term "attorneys' fees,,, whenever used in this Sectrity Instrument, shall include without line ation attorneys' pees incurred by Lender 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. BY SIGNING BELOW, Borrower accepts and agrees to the tcrms and covenants contained in this Security Instrument and in any hider executed by Borrowr and recorded with it witnesses (Scat) (Seal) c.110 r n>:.tran-aormwcr iwcrc ncr a T-Bcuowcr (Seal) (Seal) -Borrower -Borrower w,tSMNerUii�mide rvnir-lssJ,MWrrvalMMu a3n R]4'1 iN51liV [L'^rr w„Nmias re.n]w Vii Aget�tl0 SNOHOMISH,WA Page 9 of I 1 Printed on 6/25/2008 7:58:51 AM Document: TDD 2004.12030426 Branch :G0S,User:SAN2 Order: 5610580 Title Officer: JC Comme Station ld :EEYG 200412030426.010 (Space Below This tone For Acknowledgment] STATE OF WASHINGTON, County of ;;m M� J ss• On this day personally appeared before me CRAIG T REIMER and ANGIE RIMER to me known to be the individuals described in and who cxccuted the within and foregong rnsttumant, and acknowledgement that they signed the same as their free and voluntary act and decd, for the uses and purposes therein mentioned �cf% N GEN under my hand and official scat this 0 / � d of Lacy /Nn y/�b[�� of e5[p[;T7rcs[dtngnl SIU Y pomtmcm cxpncsont!� i c�i NOT.4ft�° "ai.IC °J c i r� tri r '49�'•�as_og yit%- wwSlirH�'T�h�{�u{+iso�lY� fw•I•M•r1PrtAdh M•e UMiiOlWr rn{�wmrrn'WIn3 M{]14 irnl{�i lAl p•{•torr to SNOHOMISH,WA Page 10 o€11 Printed on 6/25/2008 7:58:52 AM Document: TDD 2004.12030426 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comm( EXHIBIT "A" All that portion of Lot(s) 15 and of the Southwesterly 60 feet of Lot(s) 7 and 16, Block "C", EDMONDS SFA VIEW TRACTS, according to the plat thereof recorded in Volume 3 of Plats, page(s) 76, records of Snohomish County, Washington, lying Easterly of the paved highway, TOO ETHER WITH vacated Olympic Avenue abutting upon and adjacent to the South 60 feet of said Tract 16 and to all of said Tract 15, ALSO, an easement for road over and across the Southerly 20 feet of that portion of vacated Olympic Avenue lying between the Southerly line of Tract 15, produced Southeasterly to the Southeasterly line of Olympic Avenue and the Southerly line of Tract 12 produced Southeasterly to the Southeasterly line of Olympic Avenue, ALSO, an easement for road over and across the Southwesterly 25 feet of Tract 12, lying Easterly of paved highway and vacated Olympic Avenue abutting upon and adjacent to the Southwesterly 25 feet of said Tract 12 SITUATE in the County of ug, State of Washington '?�Shohom i5h ABBREVIATED LEGAL Portion of Lot(s) 7, 15 and 16, Block "C", EDMONDS SEA VIEW TRACTS, Volume 3 of Plats, page(s) 76 Tax Account No 004346-003-007-01 0730464 END OF EXHIBIT "A'• Page 2 Station Id :EEYG 200412030426.011 SNOHOMISH,WA Page I 1 of l 1 Printed on 6/25/2408 7:58:53 AM Document: TDD 2004.12430426 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Co --tet—, Station 1d :EEYG 20owmdoamooi �H I�C�kdi�YamldAStllNGiON This SpacePruvtded for Recorder's Use Whcn Recolded Return To GOLF SAVINGS BANK ATT61'ITION VOCUMEMrcONTRoL. PO BOX suit LYNN WOCD, WA 98946.5011 DocumentTttle(s) DEEDOFTRUSr GraDIOr(S) CRAIC T REihtER ANO ANGLE REfMER GIIUHWS) FIDELITY NATIONAL TITLE COIF SAVINGS BANK, A WASUINGTON STICK SAVINGS BANK Legal Description Pt -N LOT 7,15 AND 16, BLOCK ^C^, EDMONDS SCA VIEW TRACTS ASSeS4ors Property Tax Parcel or Account Number 004346-001-007-01 Reference Numbers of Documents Assigned or Released Sere of W..hi"gm. Sp— Above Thlr tJoe Fur Recording Onto I- No 1509703 rI 1 f Ti11e Order N. 19088393 DEED OF TRUST E-6. No (With Future Advance Clause) MIN- SadivsW6uDe4os6E6 I. DATE AND PARTIES. The date of Ihrs Deed of Trust (Security Instrument) is JUNE it , 2006 and the parties, their addresses and tax identification numbers, Ifreguired, are as follows �393 2 GRANTOR 10 � CRAIG T REIMER AND ANGIE REAMER, IIUSBANn AM11I WIFE INSURED BY FIDELITY NATIONAL TITLE C1 If checked, refer to the aDached Addendum mcorpordtad herein, for additional Grantors, their signatures and acknowledgments TRUSTEE FIDELITY NATIONAL. TITLE "MFRS" is Mortgage Electronic Registration Systems, Inc MLRS is a separate corporation that is acting solely as a nominee for Lender and Lunders successors and assigns MFRS t3 the beneficiary under thls Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and telephone number of P O [tax 2026, Flint, Ml 48501-2026, tel (888) 679-M ERS LENDER GOLF SAVINCS BANK A WASHIN(aON STOCK SAVINGS BANK P O box 5857, LYNNwWD, WA 48043 2. CONVEYANCE. The beneficiary of this Security Instrument is MFRS (solely as nominee for Lcnder and Lenders successors and assigns) and the successors and assigns of MFRS For good and valuable consideration, the receipt and sufficiency of which Is acknowledged, and to secure the Secured Debt (defined below) and Grantors performance under this Security Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust fur the benefit of Lcnder, with power of sale, the following descnbnd propudy SBE ATTACHED LONG LEGAL BY THIS REVERENCE MADE APART HEREOF PARCEL. NUMBEK 904346=093�1007-111 Thu property is located in SNOIIOMISlI at (Coo-ty) 18607 OLYMPIC VIEW DR EDMONDS Washington 98020 {Address) IC.") (ZIP Code) WA3HiNOTON- HOME EQUITY E)N£OF CREDITnEEOOP TRUST INITIALS M N_ (NOTfOR FNI,IA, FHLMC. F14A OR VAUS£, NOT FOR USE W IT14PROPERTY USED FOR AGRICULTURAL PURPOSES) 0199r Benton SyN.mr, inc, fi, ebu4, MN FxnAFCOCPAEOrWA S/i6200i ORIGINAL (pep. f pi bf SNOHOMiSH, WA Page 1 of 8 Printed on 6/25/2008 7:58:54 AM Document: TDD 2006.06300848 Branch :GOS,User :SAN2 Order: 5610580 Title Officer- JC Comme] Station Id :EEYf, 200606300848.002 Together with all rights, casements, appurtenances, royalties, mineral rights, oil and gas rights, all water and npartan rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and rcplacemen[s that may now, or at any time in the future, be peri of the real estate described above (all referred to as "Property") Grantor understands and agrees that MFRS holds only legal mnie to the interests granted by Grantor in this Security Insirumcra, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right to exercise any or all of those interests, including, but not limned to, the right to foreclose and sell the Property, and to take any action required of Lender, including but not limited to, releasing and canceling this Security Instrument 3. MAXIMUM OBLIGATION LIMIT The total principal amount secured by this Security Instrument at any one time shall not exceed$ 250,00000 This limitation of amount does not include Interest and other fees and charges validly made pursuant to this Security instrument Also, this limitation does not apply to advances made under the terms of this Security Instrument to protect lenders security and to perform tiny of the covenants contained in this Security Instrument 4. SECI)RE0 DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows A Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions (You mwsl specifically identify the dehrfs) secured and you should include the flairt maturity dale of such debl(s)) TETE TOTAL PRINCIPAL AMOUN I SECURED BY THIS SECURITY INSTRUM ENT IS S xso,aoo 00 IIOME 6QUrrY LINE SECURITY AGREEMENT DATED JUNE I1 , 2006 THIS OBLIGATION IS DUE AND PAYABLE ON JULY Di 2046 13 All future advances from Lender to Grantor or other future obligations of Grantor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Grantor in favor of Lender executed aficr this Security Instrument whether or not this Security Instrument is specifically referenced If more than one person signs this Security Instnimunt, each Grantor agrees that this Security Instrument will secure all future advances and future obligations that are graven [o or incurred by any one or more Grantor, or any one ur more Grantor and others All future advances and other future obhgauons are secured by this Security lnstroment even though all or part may not yet be advanced All future advances and other future obligations are secured as if made on the date of this Security Instrument Nothing in this Security Instrument shall consmutt a commitment to make additional or future loans or advunces in any amount Any such commitment must be agreed to in a scparatc writing C All other obligations Grantor owes to lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for uverdmfks relating to any deposit account agreement between Grantor and Lender D All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise prolecling the Property and ns value and any other sums advanced and expenses incurred by Lender under the terms of this Security instrument In the event that Lender fads to provide any necessary notice of the right of rescission with respect to any additional tndebtedness secured under paragraph B of this Section, Lender wolves any subsequent secunty interest in the Grantor's principal dwelling Out is created by this Security Instrument (but does not waive the secunty interest for the debis referenced in paragraph A of this Section) 5 DEED OF TRUST COVENANTS Grantor agrees that the covenants in this section are material obligations under the Secured Debt end this Secunty instrument If Grantor breaches any covenant in this section, Lender may refuse to make additional exlcnsions of credit and reduce the credit limit By not cxereising either remedy on Grantor's breach, Lender does not waive Lcnder's right to later consider the event a breach if it happens again Payments, Grantor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument Pnur Security lnterests. With regard to any other mortgage, deed of trust, security agreement or other licit document that created a prior security interest or encumbrance on the Progeny, Grantor agrees 10 make ail payments when due and to perform or comply with all covenants Grantor also agrees not to allow any modification or extenston of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written approval Claims Against Title Grantor will pay all taxes, assessments, liens, cacumbrances, lease payments, ground rents, utilities, and other charges riddling Io the Property when due Lender may require Granlor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing Grantors payment Grantor will defend title to the Property against any claims that would impair the lien of this Security Instrument Grantor agrccs t0 assign to Lender, as requested by Lender, any nghis, claims or defenses Grantor may have against panics who supply labor or materials to maintain or improve the Property LOAN NO • 1509703 01UGINAL IrrRFtt,S Q ippa Wit\+n 4yawm+5rc,5�CWW, Mri F.AFC00PREDrWA itirr i (tom+^ z er al SNOHOMISH,WA Page 2 of 8 Printed on 6/25/2008 7:58:55 AM Document: TDD 2006.06300848 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comme' Station Id .EEYG 2006063008L48-003 Property Cundltlon, Alterations and Inspection. Grdntur will keep the Properly in good condition and make all rapArrs that are reasonably necessary Grantor shall not commit or allow any waste, impairment, or delertoranon of the Property Grantor agrees ilia, the nature of the occupancy and use will not substantially change without Lender's prior written consent Grantor will not permit any change in any license, restnctrve covenant or casement without Lendees pilot written consent Grantor will notify Lender of all demands, proceedings. claims, and actions against Grantor, and of any loss or damage to the Property Lender or L.cndees agents may, ar Lender`s option, enter the Property at any reasonable lime for the purpose of inspecting the Property Lender shall give Grantor notice at the time of or before an inspection specifying a reasonable purpose for the inspection Any inspection of the Property shall be entirely for Lender's benefit and Grantor will in no way rely on Lender's inspection Authority to Perform. if Grantor fads to perform Any duty or any of the covcnatns contained In this Security Instrument, Lender may, without notice, perform or cause them to be performed Grantor appoints Lender as attorney in fact to sign Grantaes north or pay any amount aeetssary for performance Lender's right to perform for Grantor shall not create an obligation to perform, And Lender's failure to perform wit) nut preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument Leaseholds; Condominiums; Planned Unit Developments Grantor agrees to comply with the provisions of any lease if this Smunly Instrument is on a teasehold If the Property includes a unit in a condominium or a planned unit development, Grantor will perforin Al of Granlues duties under the covenants, by-laws, or regulatwns of ilia condominium or planned unit development Condemnation. Grantor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any at all of the Property through condemnation, eminent domain, or any other menus Grantor authorizes Lender to intervene in Grantors name to any of the above dcsenhed actions or claims Grantor assigns to Lender the proceeds of any awed or claim for damuges connected with a condemnation er other taking of All or any part of the Properly Such proecads shall he considered payments and will be applied As provided in this Security Instrument This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document Insurance. Grantor shall keep Property insured dgamst loss by fire, Llood, theft and other hazards and risks reasonably assocratcd with the Property due to Its type and Iocalron This insurance shall be maintained in the amounts and for tine periods that Lender requires The insurance earner providing the insurance shall be chosen by Grantor subject to Lender's Approval, which shall not be unreasonably withheld If Grantor Earls to maintain the coverage desenbcd above, Lender may, at Lender's option, obtain coverage to protect Lendces rights in the Property according to the terms of this Security Instrument All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause" Grantor shall immediately notify Lender of cancellation or termination of the insurance Lender shall have lbe right to hold The pokcies and renewals If Lender requires, Grantor shall immedtalely gwe to Lender all receipts of paid prcultuins and renewal notices Upon loss, Grantor shall give immediate notice to the insurance carrier and Lender Lender may make proof of lass if not made tmmedtately by Grantor Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured )debt, whether or not then due, at Lender's opiion Any application or proceeds to principal sholi not extend or postpone the due date of the scheduled payment nor change the amount of any payment Any excess will be paid to the Grantor If the Property is acquired by Lender, Grantor's tight to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender In the extent of the Secured Debt immediately before the acquisition Financial Reports and Additional Documents. Grantor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary Grantor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider accessary to perfect, continue, and preserve Grantor's obligations under this Security Instrument and [..eider's hen status on the Property 6 WARRANTY OF TITLE. Grantor warrants than Grantor is of will he lawfully seized of the estate conveyed by this Secunty Instrument and has the right to irrevocably grant, convey and sell the Property to Trustee, in trust, with power of sale Grdntur also warrants that the Properly is unencumbered, except for encurrihmnces of record 7. DUE ON SALE Lender may, at its option, declare the entire balance of the Secured Debt to be Immediately due and payable upon the creation of, or contract for the creation of, a transfer or sale of the Property This right is subject to the restrictions imposed by federal law (L2 CFR 591), as applicable LOAN No.. 1509703 ORIGINAL WrrALs iia w Banken By— i St CWO. MN tion FWCOCP EOrWA inrnllai !Pete 3 a(6) SNOHOMiSH,WA Page 3 of 8 Printed on 6/25/2008 7:58:55 AM Document: TDD 2005.06300848 Branch :GOS,I1ser :SAN2 Order: 5610580 Title Officer: JC Comme Station Id :EEYG . _. _ zattsbssoaeas.aoa 8. DEFAULT Grantor will be in default if any of the following occur Fraud. Any Consumer BOrrOwcr engages in fraud or material misrcpresentauon in connection with the Secured Debt that is an open end home equity plan Payments. Any Consumer Borrower on any Secured Debt that is an open end home equity plan finis to make a payment when due Property. Any action or inaction by the Borrower or Grantor occurs that adversely affects the Property or Lcnder's rights in the Property This Includes, but n not limited to, the following (a) Grantor fails 10 maintain required insurance on the Property, (b) Grantor transfers the Property, (c) Grantor commits waste or athurwrse destmcirvely uses or fails to maintain the Property such that the action or inaction adversely affects Leaders security, (d) Grantor fads to pay taxes on the Property or otherwise fads to act and thereby causes a lien to be filed against the Property that is senior to The hen of this Security Instrument, (e) a snit Grantor dies, (f) if mare than one Grantor, any Grantor dies and Lender's security is adversely affected, (g) the Property is taken through eminent domain, (h) a judgment is filed against Grantor and subjects Grantor and the Property to action that adversely affects Lender's interest, or (i) a poor Itenbotder forecloses on the Property and as a result, Lendcrs interest is adversely affected Executive Officers. Any Borrower is an executive officer of Lender or an affhate and such Borrower becomes indebted to Lender or another tender in an aggregate amount greater than the amount permuted under fi:derai laws and regulations 9. REMEDIFS ON DEFAULT. In addition to any other remedy available under the terms of this Security lnslmment, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a mariner provided by law if Grantor is in dersuh in some instances, federal and state law will require Lender to provide Grantor with notice or the right to cure, or other notices and may establish time schedules fur foreclosure attions At the option ufthe tender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter Lender shall be entitled to, without limitation, the power to sell the Property If there is a default, Triisiee shall, at the request of the Lender, advertise and sell tho Properly as a whole or in separate parcels at public auction to the hnghest bidder for cash and convey absolute title free and clear of all right, title and mitres; of Grantor at such time and place as Trustee designates Trustee shall give nmicc of sale Including the time, terms and place of sake and a description of the Property to be sold as required by the applicable taw in effect A the time of the proposed sale Upon sale ofthc Property and to the extent not prohtbised by law, Trustee shall make and deliver a deed to the Property sold which conveys absolute title to the purchaser, and after first paying all fees, charges and costs, shall pay to Lender all moneys advanced for repairs, taxes, insurance, liens, assessments and prior encumbrances and interest thereon, and the principal and interest on the Secured Debt, paying the surplus, rf any, to Grantor Lender may purehase the property The recitals in any deed of conveyance shall be prima facie evidence of the facts set forth 1hercm The acceptance by Lender of any sum in payment or Pail' at payment on the Secured Debt after the balance is due or is accelerated or after foreclosure pruccedIngs arc filed shall not constitute a waiver of Lendcrs right to require complete cure of any existing default By not exercising any remedy on Grantor's default, Lender does not waive Lender's right to later consider the event a default if tit happens again 10_ EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS, If Grantor breaches any covenant in this Security WInurnent, Grantor agrees to pay all expenses Lender Incurs In performing such covenants or protecting its sccunty interest in the Property Such expenses include, but are not limited to, fees incurred for inspecting, preserving, or otherwise protecting the Property and Lender's security interest These expenses arc payable an demand and will bear interest from the date of payment until paid in full at the highest rale of Interest in effect as provided in the terms of the Secured Debt Grantor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or pratectiag Lender's rights and remedies under this Security Instrument This amount may include, but is not limned to, attorneys' rets, court costs, and other legal expenses To the extent permuted by the United Stales Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees Lender incurs to ooltccl the Secured Debt as awarded by any court exercising iunsdlcnon under the Bankmplcy Code This Security Instrument shall remain in effect until released Grantor agrees to pay for any recordation costs of such release LOAN No 1509703 ORIGMAt. onm ii --Sy -- St Clad — F—Ra cccee a— vi6 , tPgie �daJ SNOHOMISH,WA Page 4 of 8 Printed on 6/25/2008 7:58:57 AM Document: TDD 2006.06300848 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: JC Comme Station Id :EEYC 200666300848.605 li. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES As used in this section, (1) Environmental Law means, without hmilahon, the Comprehensive Environmental Response, Compensation and Ltabdsry Act (CERCLA, 42 U S C 9601 ct seq ), and all other federal, state and Local laws, regulations, Ordinances, court orders, attorney general opinions Or interpretive letters conceming the public health, safety, welfare, environment or a hazardous substance, and (2) Hazardous Substance means any toxic, radioactive or hazardous matenal, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment The term Includes, without limitation, any substances defined as "hazardous matenal;" "toxic substances," "hazardous waste," "hazardous substance," or "regulated substance" under any Environmental Law Grantor represents, warrants and agrees that A Except as previously disclosed and acknowledged in writing to Lcnder, no Hazardous Substance: is or will be located, stored or released on of in the Property This restriction does not apply to small quammes of Hazardous Substances (hat arc generally recognized to be appropriate for the normal use and maintenance of the Property s B Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant have been, arc, and shall remain in full compliance with any applicable Environmental Law C Grantor shall immediately notify fender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or theft is a violahou of any Environmental Law concemmg the Properly In such an event, Grantor shall lake all necessary remedial action in accordance with any Environmental Law D Grantor shall immediately notify Lender to writing as soon as Grantor has reason to believe there is any pending or threatened mvestigauOn, claim, Or proceeding relating to the rcloasc or threatened release of any Hazardous Substance or the violation of any Environmental Law 12. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Grantor will not be required to pay to Lender Funds for taxes and insurance to escrow Q. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND, All duties under this Security Instrument are joint and individual If Grantor signs this Security Instrument but does not sign an cvideuce of debt, Grantor does so only to mortgage Grantor's interest in the Property to secure payment of the Secured Debt and Grantor does not agree to be personally liable on the Secured Debt If this Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees W waive any rights that may prevent Lender from bringing any action or claim against Grantor or any party indebted uuder the obligation These rights may include, but are not limited to, any anti -deficiency or ono-achon laws The duties and bentros of this Security Instrument shall brad and benefit the successors and assigns of Grantor and Lender 14 SEVERABILITY, INTERPRETATION. This Sccurny Instrument is complete and fully integrated This Security Instrument may nal be amended Or modified by oral agreement Any section in ibis Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not lie effceirve, unless that taw expressly or impliedly, permits the variations by written agreement If any SWIM of Ibis Sctunty Instrument cannot be enforced according to its terns, that section will be severed and will not affect the enforceability of the remainder of this Security Instrument Whenever used, the singular shall include the plural and the plural the singular The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to lntcrpret or define the terms of this Security Instrument Time is of the essence in thus Security Instrument 15. SUCCESSOR TRUSTEE. Lender, as Lcndef's option, rosy Goin time to time remove Trustee and appoint a successor trustee without any other formality than (lie designation in wrthng The successor trustee, without conveyance of the Property, shall succeed to all the title, power and duties conferred upon Trustee by this Security Instrument and applit.ablc law 16. NOTICE Unless otherwise required by law, any notice shall be given by delivering tt or by maihng is by both firs: class mail and either registered or certified mail, return receipt requested, to the appropriate party's address on page I of this Security Instnsment, Or to any other address dusignati d in witting Notice to one grantor will he deemed to be notice to all grantors 17. USE OF PROPERTY. The property subject to this Deed of Trust Is not used principally for agricultural purposes 18. LINE OF CREDIT. The Secured Debt includes a revolving line of credit Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain In COM until released 19. APPLICABLE LAW. This Security Instrument is governed by the laws as agreed to in the Secured Debt, except to the extent required by the laws of the jurisdiction where The Property is located, and applicable federal laws and regulations LOAN NO 1509703 ORIGINAL, (xrnars p W W e- sin. w 5i Cow Few Fym RKO V(EpnvR i &W4)r (Papa 3 a bl SNOHOMISH,WA Page 5 of 8 Printed on 6/25/2008 7:58:58 AM Document: TDD 2006.06300848 Branch :GOS,User:SAN2 Order: 5610580 Title Officer: IC Comme. Station ld :EEVG 200606300848.006 20, RIDERS- The covenants and agreements of each of the riders checked below due nicarporawd into and supplement and amend the termof this Secunty Instrument Check all applicable boxes] 0 Assignment of Lcascs and Renls © Other 21. ❑x ADDITIONAL. TERMS VARtAMS RATE TII E INTEREST HA rE ON l ttE OBLIGATION SE(:HRED BY TIt[S MORTGAGE MAY VARY ACCORDING TO THE rERMS OF THAT 0111,14ATION 22 SIGNATURES- By signing below. Grantor agrees to the terms and covenants contained In Ihrs Security Instrument and to any attachments Grantor also acknowledges ixceipt of a copy of thus Security Instrument an the date stated on page I (sigall re) � (Dant iSrg++.swe1 �� iWee} C C T REkMER ANGLE REIMER ts.s. eiel t0aldl (slgaaswel (Darr? ACKNOWLEDGMENT - STATE OF (AA5)lif9-VQ- COUNTY OF S>1a�7Ai v1tSF` ] ss I certify that ( know or have sa tsfaclory evidence that CRAIG T REIMER ANGIE REIMER is/Arc the Indivldud(s) who appeared before me, and said individual(s) acknowledged that she(lichhey signed this instrument end acknowledged II to be a free and voluntary act for the uses and purposes mentioned rn the rru mcnt ```�\\\Utlllltl11 Oatcd �4�.t-Q-�.CJi.I „p 5�4%lzo / (rhury Public the Sole Uf Wx.n �ioe _ tI/ Rs+dmg a}l My appointment expires s +° +r ': lO v.y Z'e I REQiJE9x'�TIEYA110E (NaS to tld �y4 d qn rill? TO TRUSTEE, The undersigned is the holder of the note or notes secured by thus Deed of Trust Said nose at notes, together with all other indebtedness secured by this Deed of Trusi, have been paid In fttl! You arc hereby directed to cancel this Deed of Trust, which is delivered hereby, and to rceonvey, without warranty, all the estate now held by you under Ibis peed of Trust to the Jerson or persaas legally entitled thereto tAulhunied Hoak S.p win) Date LOAN NO t509793 ORIGINAL piVW aanl¢n Sraama L.c SL CaeW 4W Fpm RFCOCPft�nlwn ia&lOes fPeGa6d6J SNOHOMISH,WA Page 6 of 8 Printed an 6/25/2008 7:58:58 AM Document: TDD 2006.06300848 Branch :CiUS,User :5AN2 Urder: )4 )t)J81) '!'tile Utticer: JC: C:omme Station Id :EEYG 2170606300848.007 HOME EQUITY ACCESS LINE RIDER (Open end credit with ❑ fixed rate 0 variable rate interest) This Equity Lint Rider is dated JUNE 21 , 2mis and is an amendment to the Mortgage or Deed of Trust ("Mortgage") of the same date given by the undersigned, CRAIG T. RIMER AND ANGIO: REIMER ("Borrower`) to secure Borrower's Equity Line Agreement with GULF SAVINGS BANK, A WASH]NGTON STOCK SAVINGS BANK ("Lender") of the same date covenng the property described in the Mortgage and located at 19607 OLYMPIC VIEW DR. EDMONDS, WASHINGTON 911020 In addition to the covenants end agrecmcnls made in the Mortgage, noirowcr and Lender further covenant and agree as follows I The word "Note," as used in the Mortgage and this Rider, refers to the Home Equity Access Line Agreement 2 The Note evidences an open end revolving line of credit agreement between Borrower and Lender under which future advances may be made The amount stated in the Mortgage as the principal sum of the indebtedness is the cfedit limit for the line of credit All advances made at any time by !.ender in accordance with the terms of the New, and all interest on the advances, shall be secured by the Mortgage However, at no time shall the principal amount of the indebtedness secured by the Mortgage, not including sums advanced in accordance with the Mortgage to protect the security of the Mortgage, exceed the stated credit limit for she line of credit The Note provides far El a fixed rate orinleresi expressed as a daily periodic rate of % This corresponds to an annual percentage fate of O a variable rate of interest expressed as a daily periodic rate equal to 11365 of an actual rate of Iso % plus the "Index Rate" The daily periodic rate may increase if the highest prime rate published in The Wall51rew Journal "Money Rates" tabic (the "Index Rate") increases The initial daily periodic rate is 0223 %, which corresponds to an ramal annual percentage rate of B ISO % The annual percentage rate will never be more than 181000 % The daily periodic rate will be adjusted on the day the Index Rate changes An increase in the daily periodic rate may mcreuse the monthly payment due NOTICE- THIS MORTGAGE SECURES CREDIT IN THE AMOUNT OF 250,000 00 LOANS AND ADVANCES UP TO THUS AMOUNT, TOGETHER WITH INTEREST, ARE SENIOR TO INDEBTEDNESS TO OTHER CREDITORS UNDER SUBSEQUENTLY RECORDED OR FILED MORTGAGES AND LIENS_ jjl..- ?I GL Le a DateDate C 1G'I'.F[BIMER ANGIE 'IMER Date I,QAN NO: 1509703 HOME EQUITY ACCESS LINE RIDER OArrefp SCRi'KL� INC ro.H wfAC M ii i ORIGINAL SNOHOMISH,WA Page 7 of 8 Printed on 6/25/2008 7:58:59 AM Document: TDD 2006.06300848 Branch :GOS,User :SAN2 Order: 5610580 Title Officer: !C Comme. Station 1d :EEYG 200606300848.008 Fidelity National Title Company of Washington ALTA Commitment, Page 2 Order No 1008393 LEGAL DESCRIPTION PARCEL A: All that portion of Lot 15 and the Southwesterly 60 feet of Lots 7 and 16, aloQk "C", EDMONDS SEA VIEW TRACTS, according to the Plat thereof recorded in Volume 3 of Plate, Page 76, records of Snohomish County, Washington, lying Easterly of the paved highway, Together with vacated Olympic Avenue abutting upon and adjacent to the South 60 feet of said Tract 16 and to all of said Tract 15 Situate in the County of Snohomish, State of Washington PARCEL B: An easement for road over and across the Southerly 20 feet of that portion of vacated Olympic Avenue lying between the Southerly line of Tract 15, produced Southeasterly to the Southeasterly line of Olympic Avenue and the Southerly line of Tract 12 produced Southeasterly to the Southeasterly lane of Olympic Avenue Situate in the County of Snohomish, State of Washington. PARCEL C: An easement for road over and across the Southwesterly 25 feet of Tract 12, lying Easterly of paved highway and vacated Olympic Avenue abutting upon and ad3acent to the Southwesterly 25 feet of said Tract 12 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. Ptn Lot 7, 15 and 16, Block "C", EDMONDS SEA VIEW TRACTS This property is located in Snohomish County. 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WzQdhYzl� 1 5 p AF, a33jY�0p a� Q3 Q3 °N aro a a w�Qoo�i'`-' oo<oo N�ao zp�4 N aciwaa�.a',?'ox-b�m ao oaw� -'oz6i 000� -lo Fpz ¢N¢v°i y.w Q¢O�',¢ZwZ¢ �µ'nbz aG arOpttw NOZ vi°ZO W¢w� o':. in F -a o�oo} o�wziD ¢>3- tt3 i.i33wwtt wa ii ywow wi�N `n OQa zwo¢ O" 5p }wo p °Ow »z -"E.I ttaF a�hY p o �n dlw o a�J ,nn�w� ;.oa�N o�;�°nw w 3.w'e�iQo� > z a¢� al o ° ° z� �Mo3o ° '""'E` - o���xw w az aooz �a W".00 o�.Q� a,p <�Q.� zWa�,n� z go �'x zzoo�Q zo�uo o�"o CSI °a oow �Cma �' oowp iw wwww oho z k'z 'acw�op"w-" >¢oow zzoo.-a"��xzzzzzz€ zr '¢- x �o�o owe w��m owFx� a�a'W aouz�p zw�c�swwwwwwcww �" zamazo'o 2 -'�a�z 6j �F vporKY�g<��s w$°�w��€� zLL:*LL wi as w a:ao� ., azo jo '� o¢} aF z Fx z zn, zowu° aw < �xoN¢Wo a ; _ a ado= Na=Nd �� ��}� z -a -w�N w� =2��� �� o'z- 3zz g'i OcnO O y wN 0o1 -w- O 00 O' VsZI-Z� O;WyKOW -H % 45Wv�w r wTY�w�o xC�zw. N_ pw X �"rao a~ �°n��a>a oz zoom} aarw W1 wzw .z aN wzuo�oa� w�'a=w wm� Ji s<, wr €l'o'll wioQ� °p LU wa°o wm,za �� boo loll pzw¢a aFz zY o�oywy.���LLaw ¢`°'�avooi moF - Ci YFHn3zp vxi OaFFOoO�~ Q"� �zh~- a� �Oga Ott¢ �' ZOW¢ZI..O S¢4 7SywO pJ dl�m�- 32 F7N �l� 6¢dmh�041 QF -410 "OOUh U Jw O wz N LLO O nw z ��Z O tt 4�'- ~ d�Zviw WO aij�¢V �K>O iUdd}= �lo wQ�pF 6a¢p0 a�zwg V' ZzvzJ 4Ju=opy �Wa= W'"mom a N G -O ¢N¢ O �atpi.0 woV ,•Z0 H UZpr fir. Z aQOW�w� kNI`N w 0�6 OaQN kk J�`�' ° zp'� wY� W�� mz zo oho oo``N� z a<z �J x z ago t < o-sm >pww kf'i ~¢0Ho w hzk wW `o -OO �,di �az aa�ma�o� a�wcJi� 111o�m 4Z�c.1890 August 20, 2008 CITY OF EDMONDS GARYiaAaKENso MAYOR 121 5TH AVENUE NORTH • E©MONDS. WA 98020 * (425) 771-0220 • FAX (425) 771-0221 Website: www.d,edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building * Engineering Craig Reimer 14607 Olympic View Drive Edmonds, WA 98020 Subject: Lot Line Adjustment: Application Number PLN20080052 Mr. Reimer: Upon initial review of your application for a lot line adjustment (LLA) for you property at 18607 Olympic View Drive, it was determined that the parcels which you are proposing a LLA are actually a single parcel pursuant to ECDC 17.40.030 Nonconforming Lots. Parcel B is nonconforming in regards to width. Your property is within the RS -12 zone which has a minimum lot width of 80 feet; Parcel B is only 60 feet wide. ECDC 17.40.030.0 states: Combination: If, since the date on which it [the lot] became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code, except as specifically provided in subsection D of this section. Since both parcels are contiguous and have been under a single ownership for some time, Parcel A and Parcel B are deemed to have been combined pursuant to ECDC 17.40.030.0 and thus are a single parcel. A Lot Line Adjustment is not appropriate as there is only a single parcel. If you wish to create two parcels as depicted on Sheet 2 of your survey materials, you may apply for a short plat subdivision. Given that City would be unable to approve your request for a lot line adjustment, you may choose to withdraw your application and receive a refund of your application fees. If you wish to withdraw your application, please submit a request in writing. Note that the processing of your application will be on hold until a response is received from you. PIease feel free to give me a call if you have any questions, 425-771-0220 x 1223. • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Exhibit 8 Sinc rely, 0 Kernen Lien Associate Planner City of Edmonds, Development Service Department Encl: ECDC 17.40.030 Nonconforming Lots Summary of Residential Site Development Standards Handout Short Subdivision Submittal Requirements September 8, 2008 Kernen Lien Associate Planner City of Edmonds Planning Division 121 51h Ave. N Edmonds, WA 98020 Re: Craig ReimerfEaglewood Homes LLA letter dated August 20, 2008 Dear Mr_ Lien, Thank you for your consideration of Mr. Reimer's LLA application for the property located at 18607 Olympic View Dr. Mr. Reimer and I have gone over the City's initial letter on this matter in detail and while we agree with some of the conclusions we don't necessarily agree with the final conclusion that a lot line adjustment is not the appropriate tool to correct the problem. First, your letter correctly quotes from ECDC 17.40.030.C: "Combination. If, since the date on which it the lot became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code except as specifically provided in subsection D of this section." However, while the code states that nonconforming lots are "deemed" to be combined it is untrue that there is now only one lot. There are still two legally described parcels, and while the City may consider/deem them be one parcel for purposes of issuing permits, the only way to make them one parcel would be to complete a LLA and record it with the county that abolishes the interior lot lines. However, this would require the City to process a LLA to correct a nonconformity. A similar situation to the City deeming the property to be combined is the current status of the property with the Snohomish County Assessor. However, in that case, at the request of a previous property owner of this property, the County "combines" the two lots as one lot for tax purposes. This does not actually change the legal lot status. It is for tax purposes only, however, it does explain why the County's parcel records currently show only one lot. Mr. Reimer can change this by simply requesting the county to segregate the lots back into the original platted lot lines. believe the City's code uses the word "deemed" because it allows property owners a simplified way of applying for building permits when they have multiple small parcels (for example in downtown Edmonds). To support this position, when you continue to apply the entire context of ECDC17.40.030 — Nonconforming Lots, the whole point of the City "deeming" lots to be combined is to preserve the character of Single Family Residential zones by ensuring that lots that are too small and not in keeping with other lots in the neighborhood and zone can not be built upon. In this case, Mr. Reimer has two legally described lots. Further, Mr. Reimer's two platted lots, depicted on the submitted survey, show lots that meet the required lot area for the RS -12 zone. Granted, the eastern lot does not comply with the minimum lot width requirement for the RS -12 zone. However, isn't this one of the principal purposes for which Lot Line Adjustments were created for, to correct nonconformities? The proposed Lot Line Adjustment would move the internal lot line to make two lots that comply with the RS - 12 zoning district for width, area and setbacks. Thank y for your c9sideration in this matter. Since Ste Bullock Exhibit 9 Inc.7a9U CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • (425)T71-0220 • FAX (425) 771-0221 Website: wwwxi.edmonds.wa.us DEVELOPMENT SERVICES DEPARTMENT Planning • Building • Engineering September 23, 2008 Steve Bullock 21402 80th Ave W Edmonds, WA 98026 Subject: Reimer Lot Line Adjustment Application Mr. Bullock: GARY HAAKENSON MAYOR It was nice meeting you last week. This Ietter is intended to summarize our discussion on Friday September 19, 2008 regarding the proposed kit line adjustment for Mr. Reimer's property located at 18607 Olympic View Drive. The City of Edmonds has determined that the two lots have been combined consistent with ECDC 17.40.030.C. As such, Parcel B on the proposed application is a nonbuildable lot and thus a lot line adjustment could not be approved per ECDC 20.75.050.0.5. While a lot line adjustment is not the appropriate avenue given the current situation of the property, a short plat subdivision could achieve the desired layout as depicted on sheet two of the lot line adjustment application. If Mr. Reimer's decides to pursue a short plat subdivision, please submit in writing the intent to withdraw the lot line adjustment application, and the City of Edmonds may be able to refund some of the application fee for the lot line adjustment. Please feel free to give me a call if you have any questions, 425-771-0220 x1223. re rely,n Lien Associate Planner Cc: Craig Reimer, Property Owner Rob Cbave, Planning Manager • Incorporated August 11, 1890 • Sister City - Hekinan, Japan Exhibit 10 STEPHEN BULLOCK 21402 80' Ave. W., Edmonds WA 98026 Hm. (425) 670-2885, Cell (425) 501-6038 October 7, 2008 RECEIVE Kernen Lien OCT 0'2048 Associate Planner City of Edmonds Planning Division DEVELOPMENT SERVICES 121 5`h Ave. N COUNTER Edmonds, WA 98020 Re: The City's determination that PLN20080052, a LLA, can not be processed Dear Mr. Lien, Mr. Reimer would like to appeal the City's determination that Lot Line Adjustment PLN20080052 can not be processed or approved. As we understand it, the City's position is that: 1. A Lot Line Adjustment can not be used to transform a non -buildable lot into a buildable lot (see ECDC 20.75.050). 2. One of Mr. Reimer's lots is a non -conforming lot (due to the fact that it doesn't meet the required lot width of the RS -12 zone) it is deemed to be combined" with his adjacent parcel (see ECDC 17.40.030). 3. The fact that the two lots have been "deemed to be combined" makes the nonconforming lot a non -buildable lot. 4. Therefore, a Lot Line Adjustment can not be approved since it would transform a non -buildable lot into a buildable lot. We have several reasons why we believe that this is an incorrect interpretation of the code, and why the Lot Line Adjustment should be approved. First, much of the rational for the City's interpretation revolves around the definition of the word "non - buildable". Since we were unable to find any definition of the term in the Development Code we are left to assume that it has the normal and common meaning of the word or term. In this case, non -buildable is not in the dictionary but unbuildable is. In either case, they describe something that either can't be built or is unsuitable for building. When applying these definitions to a piece of land it would imply that a lot was too small to physically be built on or that there was some physical condition, i.e. a wetland, which makes the lot unbuildable. In this case, the lot the City is calling unbuildable is 60' wide, over 12,000 sq. ft. in area and physically suitable to build on. We believe the City's position would make more sense if the lot was 20 feet wide or if was encumbered by some condition that made it unsuitable to build on, but that is not the case. Second, the section of the Code that the City relies upon to make that non -buildable claim (ECDC 17.40.030.0 Nonconforming Lots - Combination) states, "Combination. If since the date on which it the lot became nonconforming due to its failure to meet minimum lot size or width criteria, an undeveloped nonconforming lot has been in the same ownership as a contiguous lot or lots, the nonconforming lot is and shall be deemed to have been combined with such contiguous lot or lots to the extent necessary to create a conforming lot and thereafter may only be used in accordance with the provisions of the Edmonds Community Development Code except as specifically provided in subsection D of this section_ " There are a couple of statements here that are crucial in applying this section correctly to this case. The first statement is that the lot(s) can be used in accordance with the provisions of the ECDC. This implies that the lot is stili buildable although in accordance with the provisions of the ECDC. Nothing is stated that Exhibit 11 should lead the City to determine that the lot is non -buildable or that the combination can not be undone if the lot were to be made conforming. The second statement is the exception to the Combination requirement, where it states, "except as provided in subsection D". Section D states, "Exception for Single -Family Dwelling Units. An applicant may build one single-family dwelling unit on a lot or parcel regardless of the size of the lot or parcel if, but only if, one of the following exceptions applies: 1. In an RS zone, such nonconforming lot may be sold or otherwise developed as any other nonconforming lot pursuant to the following conditions and standards: a. The lot area of the nonconforming lot is not less than the minimum lot area specified in the table below for the zoning district in which the subject property is located, and b. Community facilities, public utilities and roads required to serve the nonconforming lot are available concurrently with the proposed development, and c. Existing housing stock will not be destroyed in order to create a new buildable lot, and d. The proposed development of the lot is generally consistent with the character of the surrounding neighborhood. " 1 have not included exceptions 2-5 because exception 1 does apply and the lot that the City has determined to be "Combined" and therefore non -buildable, meets all the conditions and standards listed under exception 1. First, Section D, Exception 1 states that in the RS zone, a nonconforming lot may be developed. This further supports our belief that the lot should be able to be considered a buildable lot_ The second thing we would like to point out with Exception 1 is that the only things that only things that would be reviewed are conditions and standards a -b. For item "a" the minimum lot area is 8,400 sq. ft. in the RS -12 zone. Mr. Reimer's lot is over 12,000 sq_ ft. Item "b" requires that community facilities, utilities and roads are available before the property is developed. All those things are currently available to the site. Item "c" requires that no new housing stock be destroyed. No existing housing stock will be destroyed as a result of either the current Lot Line Adjustment application or further development of the lot. Item "d" states that development of the lot will generally be consistent with the character of the surrounding neighborhood. In our case, the proposed Lot Line Adjustment would result in two lots that would comply in every way with the RS -12 zoning code. This will absolutely be consistent with the character of the surrounding neighborhood. For all these reasons we believe that the City should complete the review of the proposed Lot Line Adjustment and approve it. Thank you for your consideration in this matter. 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Pv OOF - / NO-491VIMSY114 .7711V3g t -T A. �PW A1-3 '1/0 H-LUGMJ-IHM -77/&9.L.ZOJ 'V- �H MR110 P Zh4l -IPA tt 7��/ 2ld Sp-a je,s,jjo p-IT3ruwnloA lk F,twgo w :�Q.jplv A; O 6 MW3H a8 a7 , P=.a %A Ll -11-A :f9 AA E I A V 3S_ S Cl N 0 A Cl� 'Q9d PAloou;o W, �',W —PA 4Z 64 P& h L J. j”, Peri — ZL, e,4 v I" —17 , a"mov.-IR 3;� 'p, I F 4 1 7, 1 w F" 3 I FL I 2 [k yyi.f I z" I 1 7 1 Fe, R-,, iJ +a MO Z stet ser sc„= /Oj I 37 T 32 123,o27 2 26 17 D '17a,e" 1-7 JAM5, c A -w.. .'ACKNOWLEDGMENT ss "'t I .—d 18 m as 21 21 ' A WFORD STREET j”, Peri — ZL, e,4 v I" —17 , a"mov.-IR '" d Y y A�Iftll F.,' S'! of oft , 5e DEANV, [k yyi.f z" DE4V V. yftetj"'� /Oj JAM5, c A -w.. .'ACKNOWLEDGMENT ss "'t I .—d a-EfY-jG,AT'10'N 1c y GeA H z3 J-1, FeG. !B9/ ea ,�<�/iinte r�er sf rrr'. uAe r rue r <!, o koro r n<,,.re Ly S.G. re!/erL � Fe Soar r fG<,ury r'am+=<t:.e.,r r, T''=27 r'R f 000010(boc? 3 oLL04��'- 6�...mA b }�. • Sa�i��.gNbbd �� i jR z bdd:B•�.., l f EO•LZ•ZL-3S _ _ ' BBOL'[OludV uo VmnVatl Nvyy — 1 EO vaNlO s,iossysryAluxo�4 N 5 �(+lo ry,p y ... ,��....s s.,ow„x� nMaana ucr�Mn Nrn nac uaiavnn FILE NO.: AP -08-6 APPLICANT: REIMER NOTICE OF HEARING AFFIDAVIT OF MAILING STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Diane M. Cunningham, first duly sworn, on oath, depose and say: That on the 23rd day of October 2008, the attached Notice of Public Hearing was mailed as required to adjacent property owners, the names of which were provided by the applicant. Signed Subscribed and sworn to before me this� � day of No u lic in and foWe State of Washington. Residingat Exhibit 14 FILE NO.: AP -08-6 APPLICANT: REIMER NOTICE OF HEARING I_T��f s T We1-Z-*VCS STATE OF WASHINGTON) COUNTY OF SNOHOMISH) I, Kernen Lien, first duly sworn, on oath, depose and say: That on the 23rd day of October 2008, the attached Notice of Public Hearing was posted as prescribed by Ordinance, and in any event, in the Civic Center and the Library, and where applicable on or near the subject property. d Signed Subscribed and sworn to before me this '2 day of Q e✓ oa9 ro: n; 0 ro o' > c co 0 z� C) �. �3 rLC �CD a 00 � 0 �- CD rAm C fA m o � m � R m rL R. tn rn F, d cu O Cr cD 0 N 0 00 y El ti b CD -o - p 0 0 0 m cD cD 13 CL C7 3 .0 13 p r 'Q CD o ! M A CL O �7 M 0 « t4 A Cs 2 r: W, I h 0 a to It V N O ao ��e T 0 0 o°s c a0 .� s _ £ e� A OA ID �D O � o a V W O.13 a CL C • : • O • CL• Q M "R A _ : ;a ♦, � 0 A M h. Mw M 0 0 0 0 0 0 x O Z 13 CL ed 3 .0 13 .°.� 'Q a ! M A CL O �7 M r*01 « t4 A = N o � to -mow CL a CL r. A �. O... � h (D a 3 �afir N O l%C 6 yr in W, I h 0 a to It V N O ao ��e T 0 0 o°s c a0 .� s _ £ e� A OA ID �D O � o a V W O.13 a CL C • : • O • CL• Q M "R A _ : ;a ♦, � 0 A M h. Mw M 0 0 0 0 0 0 x O Z Z Z 'Q A 0 3 N O •Ci. � O 00 �. O IR O n m D CD n. o � o (D rn Q 2 60M 00 O CD u -1.7 (D "I (Q N W m IV x o0 O OD 5 2 CD cQ THI5 IS A LEGAL ADVERTISEMENT & SHOULD BE BILLED TO PLANNING DEPART. CITY OF EDMONDS NOTICE OF APPLICATION AND HEARING EXAMINER HEARING Name of Applicant: Craig Reimer Project Number: AP -08-6 Project Location: 18607 Olympic View Drive, Edmonds Project Description: Appeal of staff decision that a proposed lot line adjustment cannot be processed or approved. The property is zoned single family residential (RS -12). City Contact: Kernen Lien Comments Due By: November 20, 2008 HEARING INFORMATION Date: November 20, 2008 Time: 3:00 p.m. Location: Council Chambers, Public Safety Complex, 250 51h Ave. N. Edmonds Please Publish on: October 23, 2008