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HomeMy WebLinkAbout9601170081 Filed for Record at Request of: When Recorded Return to: Address 239 Fourth street !'{fT'~^P r{'\'iNTY I \..l. I >.in '" Ju $8.00 CHCK I:TI 1:1"\_OY. i'TTY IiC OOI:MI:RTOM I ..l. L-L.W I.' . ......l. I VI L.'I\L-(Ii." I Iii JAN 17, 1996, 10:10 AM KAREN FLYNN; AUDITOR C' ERI.(. BC'lltir.f\lC L- 1\. 'L- ~ Ph,; Name Bremerton city Clerk Bremerton. Washinqton 98310 548 Oyster Bay Avenue and 4336 "H" Street - \Jhitlock A=Fa#: 9601170081 REEL 0893 FR 138' STATUTORY WARRANTY DEED (For Use in the state of Washington Only) THE GRANTOR, NOLA E. WHITLOCK f/k/a NOLA E. MOBERG, as her separate property, for and in consideration of good and valuable consideration, conveys and warrants to the CITY OF BREMERTON, a municipal 'corporation, the following described real estate, situated in the County of Kitsap, state of Washington: PARCEL I: THE NORTH 47 FEET OF LOT 10, BLOCK 14, BREMERTON HEIGHTS; EXCEPT PORTION CONDEMNED BY UNITED STATES OF AMERICA FOR SEWER EASEMENT UNDER DECLARATION OF TAKING. UNITED STATES DISTRICT COURT NO. 516, AS PER VOLUME 3 OF PLATS OF PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL II: THE WEST 100 FEET OF THE SOUTH 50 FEET OF LOT 11, BLOCK 14, BREMERTON HEIGHTS, ACCORDING TO PLAT RECORDED IN VOLUME 3 OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON. DATED this cL9' day of f)~ , 1995. ~?~ N E. WHITLOCK \\ STATUTORY WARRANTY DEED -1- WHITLOCK.SWD - West Hills Closings - 12/7/95 STATE OF WASHINGTON) ss. COUNTY OF KITSAP On this date, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared NOLA E. WHITLOCK, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed 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 ~~day of ~L~\~, 1995. 3~02 NO. KITSAP COUNTY TfltANSACTlON EXCtSE TAX PAID JAM 171996 3 AMOUNT t/7S0 L ~~U~~'R ..- ~ ,t . '.~',II"!.fj~ ~~.' fjU. - i'j ',) !fl~ "', ~ f. ~,.....,......:., ,. . " ~ ~ ~".';;" oo..~. G~'c."' '-cz \~ .~~. i'. r.F .,', c"'> Co v ta~iC in in~ ~or theSfat'i')~f~Cl.'~\: ~ resldlng at\1:TIi~~L~.~ ;;-:' My appoi ment' expires: IO/rl.'9/<;j'~e~{/ ~')i: .. '. "-a<. \,,\ ,. .' ," ," '... (J... r:J~a~ ~S11 .~.....-4,...... ,~~ """:;-" ~:- ",:)/)~_.O'"!"",t'J _",' ..;>,.....'l~./13 \\~> ~,...., I (. (I.~ r . ~ . . , " " . ' ~ A=Fc#: 9601170081 REEL 0893 FR 1386 STATUTORY WARRANTY DEED -2- WHITlOCK.SWD - West Hills Closings - 12/7/95 Auditor File Number: 9403140139 Loan Number: 86283319001 THIS SPACE PROVIDED FOR . RECORDER'S USE. WHEN RECORDED RETURN TO: CITY OF BREMERTON LEGAL DEPT. 239 FOURTH ST BREMERTON, WA 98337 KITSAP COUNTY $7.00 CHCK FILED-BY: RAINIER CREDIT CO JAN 19, 1996, 12:19 PM KAREN FLYNN, AUDITOR CLERK: FREEMAN A=Fa#: 960~19007~ REEL 0893 FR 2606 FULL RECONVEYANCE The undersigned as trustee under that certain Deed of Trust dated February 23, 1994 in which NOLA E. WHITLOCK, AN UNMARRIED PERSON, is grantor and Seattle First National Bank is beneficiary, recorded on March 14, 1994, as Auditor's File No 9403140139, in Volume 0790 of Mortgages, at Page 0180, Records of KITSAP County, Washington, having received from the beneficiary under said Deed of Trust a written request to reconvey, does hereby reconvey, without warranty, to the personO(s) entitled thereto all of the right, title and interest now held by the said trustee in and to the property legally described in said Deed of Trust, situated in KITSAP County, Washington. Dated: January 8, 1996 Rainier Credit Company, Trustee By: 011// /' 9 (!/t./?}'l//1/ Pegg1J. Hendnckson --------- State of Washington County of King I certify that I know or have satisfactory evidence that Peggy J. Hendrickson is the individual who in my presence signed the instrument, on oath stated that she was authorized to execute the instrument and acknowledged i~fi~~ ~ent of Rainier Credit Company to be the free and voluntary act of such party !f:~~~~@~'Ji,urposes mentioned in this instrument. _CjO ..-~~ ~"'~~ ~1. Dated: January 8, 1996 f. ..f~OTARY~\. ~ \~ ~ , -.- J ; /) n ~/!l.\ :USUc .E ~ ! (~f) AA....~'----j/~ " ~IIIII' 24 - 9:"./.~(j ,: 'i.~',~hW";'~~~/ NOTARY PUBLIC FOR THE STATE OF WASHINGTON , f'\v.._ Colleen Poteet \\\""" REAL ES AND SALE AGREEMENT " Improved Property THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF THE PROPERTY. READ CAREFULLY BEFORE SIGNING. THE CITY OF BREMERTON, a washington municipal corporation, (hereinafter called "Purchaserll) hereby agrees to purchase and the undersigned Sellers hereby agree to sell the following described real estate located in the City of Bremerton, County of Kitsap, commonly known as Parcels A & B described Qelow, and legally described as follows: Parcel A: 548 Oyster Bay Avenue S., Bremerton, WA Parcel B: 4336 "H" Street, Bremerton, WA ~ 4-JJJ ~/Pvftr- O-(jj ()nJ.f,~ /;:7~ Z- ~ ~/ . The total purchase price is One Hundred~~Q Th~Sand Dollars ($Hll.00~ '1"000 "'o~l." ~--- /e>;(~ S~ 2. CONDITION OF T{*,:CE~<<J - ..~ . 1. PURCHASE PRICE: The title is to be free of all encumbrances or defects except: Rights reserved in federal patents or state deeds, building or use restrictions general to the area, existing easements not inconsistent with Purchaser's intended use, and building or zoning regulations or provisions shall not be deemed encumbrances or defects. Encumbrances to be discharged by Sellers maybe paid out of purchase money at date of closing. 3 TITLE INSURANCE: Sellers shall furnish to Purchaser a Washington Land Title Association Standard Form Owner's or Purchaser's policy of Title Insurance in the amount of the purchase price. Sellers authorize the City Attorney to apply as soon as practical for such title insurance, and as soon as reasonably possible, Purchaser shall be furnished a preliminary commitment therefor issued by Land Title Company. (The Sellers shall assume any cancellation fee of such commitment or policy.) The title policy to be issued shall contain no exceptions other than those provided in said standard form plus encumbrances or defects noted in paragraph 1 above. If title is REAL ESTATE PURCHASE AND SALE AGREEMENT -1- REPSA.AGT .. Agreement Forms .. 3/15/95 not so insurable as above provided and cannot be made so insurable by the termination date set forth herein, this agreement shall terminate; provided, however, that Purchaser may waive defects in writing and elect to purchase. 4. DEFAULT: If either party defaults (that is, fails to perform the acts required of that party) in that party's contractual performance herein, the non-defaulting party may seek specific performance pursuant to the terms of this agreement, damages, or rescission. 5. PRO-RATION: Taxes for the current year, rents, insurance, interest, water and other utilities constituting liens shall be prorated as of date of closing. Purchaser shall pay for remaining oil in fuel tank, the amount to be determined by the supplier. 6. POSSESSION: (0.' Sellers shall deliver possession to Purchaser on closing, or ~JPAlafter closing. Sellers agree to pay Purchaser the sum of $' for each day of possession beyond date of closing. PosseSSlon shall be deemed given when Sellers have vacated the premises and delivered the keys to same to Purchaser or to closing agent. Said payment shall be the sole responsibility of Sellers. 7. CONDITION OF PROPERTY: Purchaser offers to purchase the property in its present conditions on the terms noted. Sellers hereby warrant that to the best of their knowledge the premises described herein and the improvements thereon do not violate the applicable building or zoning regulations and that they are unaware of any material defect in the premises or improvements thereon with the exception of the following, to-wit: None. 8. TIME FOR ACCEPTANCE: Purchaser's offer is made subject to acceptance of Sellers on or before Twelve o'clock midnight on 9. TIME FOR CLOSING - RESPONSIBILITIES OF PARTIES: The sale shall be closed in the office of the Bremerton City Attorney wi thin 45 days after preliminary commitment for title policy is delivered Showing title ip~~rable, as abov~J~r9vided, but in any event not later than the !J)(!:t-day of IV JL , t / / . 19 , upon WhlCh date the agreement shall termlnate. The Purchaser and Sellers shall deposit with the Bremerton City REAL ESTATE PURCHASE AND SALE AGREEMENT -2- REPSA.AGT - Agreement FoI1lS - -3/15/95 Attorney all instruments, documents and monies necessary to complete the sale in accordance with this agreement. 10. CLOSING COSTS AND PRORATIONS: The Sellers agree to pay for the costs of clearing the Sellers' title to the sale property, including any delinquent property taxes, the owner's standard title insurance policy, and any real estate excise tax related to the sale property. Real estate taxes for the year of closing, and utilities constituting liens against the property, shall be prorated as of closing. Any assessments shall be paid by the respective Sellers. 12. DATE OF CLOSING: For purposes of this agreement, "date of closing" shall be construed as the date upon which all appropriate documents are recorded and proceeds of this sale are available for disbursement to Sellers. Funds held in reserve accounts pursuant to escrow instructions shall be deemed, for purposes of this definition, as available for disbursement to Sellers. 12. RISK OF LOSS: If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement at option of Purchaser shall become null and void. If Purchaser elects to continue, all insurance proceeds, if any, shall be payable to Purchaser. 13. PERSONAL PROPERTY: All attached floor covering, attached television antenna, window screens,screen doors, storm windows, storm doors, plumbing and lighting fixtures (except floor, standing, and swag lamps), shades and venetian blinds, curtain rods, attached bathroom fixtures, awnings, ventilating, cooling and heating systems including build in and "drop in" ranges (but exceeding all other ranges) and all other fixtures that are now on the premises shall be included in the sale unless otherwise provided herein. 14. ATTORNEY'S FEES: If either party hereto is required to retain an attorney to bring suit or seek arbitration to enforce any provisions of this agreement, said party shall be entitled to reasonable attorney's fees regardless of whether the matter proceeds to judgment or is resolved by defaulting party curing default. 15. ENTIRE AGREEMENT: There are no other verbal or other agreements which modify or affect this agreement. Time is of the REAL ESTATE PT.m.CHASE AND SALE AGREEMENT - 3- REPSA.AGT - Agreellent FoIlS - 3/15/95 essence of this agreement. All subsequent modifications or waivers of any condition of this agreement shall be in writing and signed by the appropriate parties. (~fMXA.Jd.~ /99/; Date PURCHASER er'of Public Works & utilities APPROVED~~: IAN~S' city Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, WA 98337 Purchaser's Phone: (360) 478-5290 ******* On this date 0 ~~ / ~/ /99'...5 - ,we hereby approve and accept the sale set forth in the above agreement and agree to carry out all the terms thereof on the part of the Sellers. p~ L ,#/~ Sellers' Address: * () J-Y.3 (, ,//, ~ ,/ t/ r. //! t5(. B~'/-t-ry 4 1~3/ / ;< ;?ZC~sellers' Phone: 37.3- /6315 flO^CftA-sLr-S Mr~ ~!- k AR-H;/J !!llrrRAlf rPlt-k:zr::s (J-,..433& 'H" oTr€.VI- LEKh'i 'l-A.e- eflc::! ~/ ~ / /99' ~. {l~ '-~~ r.e~.,6 A r~ 4-5 ~(('l/)aJ-S .' JJlt&#a/ !I1tlcr $ 'I J4 ou ~,u cI ~-e.&sf- ~ .z-S-tJ. 0 () . /"L p<-/- / iu::/ueks kh ~;t1.e Y j2U14RA . REAL ESTATE PURCHASE AND SALE AGREEMENT -4- REPSA.AGT - Agreement FoI'lS - 3/15/95 ******* A true copy of the hereby received on fOre~go..~n ag. reement signed by Sellers is -~~7 ' 19 05 =h IAN R. SIEVERS Bremerton city Attorney/ Agent for Purchaser RECEIVED FOR FILING: ~, . KATHLEE . McCLUSKEY, CITY CLERK REAL ESTATE PURCHASE AND SALE AG:REIDttNT -5- REPSA.AGT - Agreement ForlS - 3/15/95 J ,I , ATTACHMENT "A" TO REAL ESTATE PROPERTY PURCHASE OFFER MADE TO MS. NOLA E. WHITLOCK, 5436 PINERIDGE DRIVE NE, BREMERTON, WA 98312 LEGAL DESCRIPTIONS OF PARCELS OWNED BY NOLA E. WHITLOCK AT 548 OYSTER BAY AVENUE AND 4336 "H" STREET PARCEL A: (TAX ID NO. 4502-014-010-0004) BREMERTON HEIGHTS N 47FT OF LOT 10 BLK 14 EXC PTN CONDEMNED BY USA SEWER ESMT UNDER DECLARATION OF TAKING US DISTRICT COURT NO. 516. PARCEL B: (TAX ID NO. 4502-014-011-0003) BREMERTON HEIGHTS BLK 014 LOT 11 W 100 FT OF S 50 FT. WIIEtl RECORDED'NlAIL TO; ( COpy fOR YOUR INFORMJffiO Ii ITSAP COUNTY ie.. ocr C' THe FILED-BY: TRANSAh, .A TITLE INS (0 ~~fEI~4FL ~~~~' AMi~6RAH CLERI<: CHIPPS SEATTLE-FIRST /lATIONAl BAliK ~e~~. ~~,,-~ervice C!nler P.O. Box 3828 ~~.t~~~~ 98124.3!l~_ \"'-5'-\ '\~ RESERVED FOR AUDITOR'S USE ONLY, DEED OF TRUST TIllS DEED OF TRUST Is granled Ihls - by _ ~.oJ!!_!i~~l!Wock, ~!!..!1!!!!!;!ui~Person ---2.'?2@-------'- dayol ~. ,'9~I, fGranlor")10 MIIlIER CREDIT COMPANY prusteo"), In trusl for SEATTlE,flRST NATIONAL BANK, fBonoflclary.), ot II, EAS} BREMERTON BRAnCH officI. Gl antot agloB' as follows: 1. CONVEYANCE, Grantor horeby barG.ins, soli, and conveys to Trusloe In Irusl, with power of sale, all 01 Granlor', righi, IIl1e and Interast in Iho lollowlng doscrlbed roal proporty fPropeny"), whethor now owned or loler acqulrod, located al 4336 II 5t (NU"'OE~ 19'''''E"lJ Counly, WashIng Ion and legally llREMERTON WA 98312 -" .----..-.------.-.---~;ij;i) 1I1P CODE, described as: The \Vest 100 Feet Or'nlC So\llh 50 feel Of Lot II, Dlock 14, Dremerlon Heights, As Per Plat Recorded In Volume 3 Of 1'1"15, I'''ge 41, Records Of Kilsap Connly, Washinglon. Siluale In Kilsap COllllly, Washington, ,In Kits"p together with all equipmont and fixtures, now or later attached to the Property; an tenemants, hereditaments and appurtenances, now or later in any W;JY apPoltaining to tile Properly; and nil leasehold interests, rents., payments, issues and profits derived from or in any way connected With Ule Property. lhis Property Is not usod principally for agricultural or 'armIng purposos, 2. ASSIGNMENT OF RENTS, 2.' ASSIGNMENT, Grantor lurther assigns to Beneficiary all of Granlor'. Inlerest In all existing and future leases, licenses and other aorer.ments for the use or occlIp.:lncy 01 tho Property rContracts"), Illcludino the Immediate and continuing riohl 10 collect. In either Grantor's or [31!IWfici;uy's name, nil renls, receipts. income and other payments due 01 to become due undor the Contracts rPayments"). As lono as there is no default under this Ueed of Trust, Granlo/ls granted a license to collect the Payments. bul Buch license shall nol conslitute BElneficiary', consent to Granlor's u~e ollhe Payments in any bankruptcy plOceeding. 2.2 DISCLAiMER. Nolhlng contained In Ihis Deed of Trust shall be construed a, obligating Beneficiary or eny receiver to lake any action to enforce eny provision of the Contracts, expend eny money, Incur any expense or perform any obligation ullder the ContraGts. Beneficiary's duties cue 811pressly limited to giving of propor credit (or 811 Payments received by It 3 SECURED OBlIGAlIONS. lhls Deod 01 Trust securos parlormanca 01 aach aGreement of Granlor contain ad In Ihis Deed 01 Trust and tha payment 01 the sum 01 thirty Ihousand three hundrod dollars and no conls Dollars ($ 30,300.00 .---) wilh i~tereslli~s~(j'e~~d by a-promissory nole(s) dated 2.. - .c~..=19 $-'>:c-' ..--..-... -----.----.--- /" payahla to Boneliclary or order and made by Granlor, Including all renewal., modiflcalions and exto"slons thereof, logelhar with all olher oxisting and 'uhno oblig.dions of Grantor to Boneflcl.1ry, whether or nol such obligallons are (a) related by class or kind, (b) now conlemplaled by Glalllar and Beneficiary or (c) Idenlified as being secured by the Property fSecured Obllgalion."), Nolhlng conlained In thl, Deed of Trust ,hall be construed as obligatlno Denefic1ary 10 make any fulure advance to Grantor. 4. AFFIRMAlIVE COVENANTS. Grantor shall; 4.1 MAINTENANCE OF PROPERTY. Malnlaln and preserve Ihe Properly In good condition and repair, ordinary wear and tear excel'ted; compl.le any Improvement which may be eonsllucted on Ihe Property; and reslore any Improvement which may be damaged or destroyed; 4.2 COMPLIANCE WITH LAWS. Comply with all laws, ordinances, regulallons, covenants, conditions and reslrlctions alleeting Ihe Propeny; 4.3 REAL ESTATE INTERESTS. Perform all obligations 10 be performed by Granlor under the Conlracls; 4.4 PAYMENT OF DEBTS AND TAXES. Pay promplly.1I obligalions secured by the Properly; all taxes, assessmenls and governmental liens or charges levied aGainstlhe Property; and all claims lor labor, materials, supplies or otherwise which, If unpaid, might become a lien or chalge upon the Property; 4.5 INSURANCE. Insure continuously. with financially sound and reputable Insururs acceptablu to Benttficlary, all Improvements on the Propclly IAgilln~1 all risks. casu311i8t and 10-'$05 through 6tRndnrd lire and extondod coverage Insurance 01 otherwiso, including. without limitation, iflsUlonce agaillst lilo, tlleH, castl~lty, "and~lism and any other risk BonoficlafY may roasonably fft"!"":>t. The lns.urance policios $h~lI be in an ::aU!Jfeualo amou"t of not loss Ihan the fullroplacemonl cosio' alllmp,ovemonls on the Properly, Including the cotil of demolition and removal of debris. and shall namo Bono'iciary as losli. payoo. as lis Inlerost may appo;:lr. The amounts colleclod undor Ihe In<,;lIranco policios may be apJ:-lied 10 the Secured Obligalions In any mannor al Oeneficlary tJotormlnos, and such application shall not cause discontinuance of any proceeding to fo,ecloso upon this Dued o' Trust In the event of forgclosuro, all of Grantor', rights In the Insufance policies shall pass to purchaser at the foroclosure salo; 4.6 HAZAnOOlJS WASTE. Notify Boneficiary within twenty.four (24) houn of any ruloaso o' a reportable quantity of any haza,dous or regulated 5ubstanco, or of the receipt by Glanlor 0' any Ilolicu. oll'er or communication from ony gO"t!!'rnmental authorily which rolales 10 tho existence of or potontial f~r environmental pollution o. any kind o.ll.lsling on the P,operlY, or resulta from Ihe usa a. Ihe Properly or any surrounding propolty: and 4.7 COSTS AND EXPENSES. Pay, reimbur~e and indemnify Beneficiary lor all of Bcneficlary'a roasonable costs and expenses incurred in conneclion with foreclosing upon this Deed of Trust, defending any aclion or proceeding purporting to affectlhe rlghls or dutlos of Bttneficiary or Tfuslee under this Deed of Trust, or managing the Properly alld collecting Ihe Payments. Including, withoullimllation. ell rea~onable attorneys' fcos and valuo of the services of staff counsel, legal expenses, collection costs, costs of tllle search, and Irustee's and receiver's fees. 5. NEGATIVE CDVENANrS. Grantor shall nol wilhoutl:lenetlclary's prior wrlllen consenl: 5.1 PAYMENTS. Accepl or collocl Payments rnor. Ihan one (1) month In advanca of Ihe due dale; 5.2 MODIfY CONTRACTS. Terminate, modify or amend any provision or Ihe Conlracls; or 5.3 RESTRICTIONS ON CONVEYANCES. Transler or convey any Interesl in Iha Property, except by will or In Ie stacy. 6. EMINENT DOMAIR In the event any pOllion of (he Property Ie tJ,~en through eminonl domain, Ihe amounl 01 the award to which Granlol is entillad shall be appliod to the Secuced Obligations. 7. RECONVEYANCE. Trustc,e shall reconvoy ~uch poctlon of 1110 Propeny 10 the person on titled thereto upon written request 0' Beneficiary. or upon ~all:i'aCllon 0' the Secured ObligatIons and writlen request for reconveyance made by Beneficiary or Rny person Interested In Ihe Propeny. 6. SUCCESSOR TRUSTEE. In Ihe evenl 01 dealh, Incapacity, disablllly or reslgnalion ollha Trustee, Beneliel.,y may appolnl a successor trustee and, upon Ihe recording 01 such appolnlment In the records of the county In which Ihls Deed of Trust Is recorded. 1"8 successor "uSI.. shall be v.>led wilh all power: ollhe original Truslee. FOfIM NO. 12J11 010,83 A a F a :It '; 9.1t-0::1.t 4-O:J. ::::19. REEL 0790 FR 0180 . ~~- ':...~'.'~::'-"-:..- 1"..:.-'....,,:,. ...'''..~......ICL:~t: UII UUHCllLldlYS J.la/t..I(~Il~lllljIU'" I..H:d.HJlI UIIUU/ tlllt le/rCl~ 01 \lL.S ue~(j 01 IluSt, tile Secured Obligations and all r~I,iled loa~ dOCUln(!IlI~: ( 9.1 NON. PAYMENT OF PR, AL OR INTERf.ST, MY p~ym.nt of principal 0' Inl.,..t on lha sr-,' - Obligation. I. nol m.d. wh.n due; 01 9.2 FAILURE TO PERFORM. Any lax, assessmont, Insu,ance p,emlum, lien, encumbranco or olher cha'go agalnsllha P,operty, or ony paymont under a ,oal eslate contracl covorlng tho Prope,ly Is nol paid when duo; or ony othor lorm, covenant or ag,eernenl of Granlo, conlalned In Ihl. Doed of Trusl 0' In any Olh., documenl with B.nollciary, 0' In which Granlo, grants a aocurlty Inle"slln Iho P,opa,ly, I. nol p,omptly performed Of satisfied. 10. REMEOIES UPON DEFAULT, II any default occurs and Is conllnulng, Beneficiary may, allls opllon: 10.1 TERMINATE COMMITMENT. Termlnala any oulslandlng and unfullill.d commllm.nllo Granlo,; 10.2 ACCElERA lE. Oeclare #!joy or all 01 the Secured Obligations, togolher with all accrued Inlotest, to be Immodlately due and payable wlthoul pfGsonhnont, dornand, protesl 01 notice of llIny kind, all or which are o)(pro~sly waived by Grantor; 10.3 PAYMENfS. Pay such sum! as may be necessary to pay any taM. assessment, Insurance premium, lien, encumbrance or other chargo agalnsl Ihe Ploperty, or any payment under a ,eal eslale contract covering Iho PIOPOrly, without prejudice 10 Benoflclary's light 10 accelerale the Secured Obligallons and foreclose upon Ihls Deed of Trust. Granlo, shall rolmburse Beneficiary, upon demand, fo, all such amounls paid by Beneficiary, with Inleresllhereon from Ihe dale 01 such paymenl al tho highest rale thai I., from tlmo to time, applicablo on any ollhe Secured Obllgallons. All unr.lmbursod amounts shall be added 10 and become a part of the Secured Obllgalions; lOA COLLEC1ION OF PAYMENTS. Termlnale the liconse granled 10 G,anlor 10 coliecl the Paymanls; laka possession of, manago and oporale tho Properly under Ihe lerms of Iha Conl,acls; and demand and coliecl all Paymenls, Including ondorslng any check, dlall or olher Insllumenl given as paymenl, eilh., by IIself 0' Ihrough an agenl 0' )udlclaliy.appolnled ,ecolver, The Payments shall b. applied fI,sl 10 paymenl 01 Ih. cosls of managing Iho Properly and coltecling Ihe Paymonls, and Ih.n to Ihe Socurod Obligations; 10.5 TRUSTEE'S SAtE. Dir.cl Ih. TIU".., upon writt.n loquest. 10 soli Ih. Properly and apply Ih. 181. pr:,ceeds In acco,danc. wilh Woshinoton's Doed of Trusl ""I (nCW 61.24010, .t soq.). Any p.rson, ncepl Trust.., may bId at th. T,usla,'. ..,.; ,nd 10.6 OlllEH REMEOIES. PUf3ue all other avallabla legal and equltl'ltllo remedlDs. Including. without limitation, foreclosing upon thlt Deed of Tru$t a, a fI1ortgage. Granlol expressly waives any defonse or righi, In any action or proceeding In conneclion with Iho Secured Obligalions, Ihat Beneficiary must first ,esorl to allY other security or person. 11. WAIVEn. No waiver hy Beneficiary of any devlalion by Grantor from full performance of Ihis Deed of Trusl or Ihe Secu,ed Obligalions, as Ihe case may be, shali constilute a waiver of nenefieiary's righl to require pramI'I payment or to asserl any olhe, right or remedy provided for in this Deed 01 T,usl 0' Ihe secured Obligalions on the basis of Ihe same or similar failu,e 10 perform, 12. SUCCESSORS AND ASSIGNS. This Deed 01 Trust inures to the benefit of and is binding upon the respective hein. devisees, legatees, adminislrators, executors, Successors and assigns of the parties hereto. Nola E. Whitlock X ~-;2~- 2 ~ ACKNOWLEDGMENT BY INDIVIDUAL SIAIE OF WASHINGtON Counly of Ji1J0 t, r 55, 1 certify that I know or Have satisfactory evidence that Nola E. WhltJock .... '. ~ ~~'-~: ;.~ t ',_________ ____________Wl.re the Individual(o) who signed Ihls Inslrumenl in my .:-rh\~~:. ~~:~.~!"'~J~?~.d 1110 b. (hlsBlh.ir) h.. and volunlary acllo, Ih. uoo. and purpos.. mO"1I0W;d I 'Ihe rn'lrum.nl.lif 7 '-, .>-".. "".'/11;1.7'1...';.'-7 ~t)I"'1. dYl" n/1 , /J (j I i?/o '11 ::. ,l2.a~9q:.~ . ".!:r, e1. Q;': 1 .__ 'L I r ( _ l.X.t,.U;lJ _ ;'i.l.Ji,i\C,ff',f1n :: NO YPUBlICFORTHESTA1EOFWASHIIIGTON) 0 ~ 1-- ~ \:. -, . ..- ~ ~ ()o "''I' A -() ~ " r:' )'." -.r:) ~:"" M appointment expire. 0 (tI 'I . ( f)" I ~J ~:"\""'. : 0- ~ '1" (J....^ '-: Q - ~ ~t;) -.....: '....... ..': " ~;'-' 1,,;- - 1(; ...'-,}.:J ,~. ACKNOWLEDGMENT IN A REPRESENTATIVE CAPACITY :t 1.(: '\h".......... \~\, ..;~. I \ ~ OF II U<:::;; ,,_~- STAH'O"," W}.SHINGTON ss. fird~L #D7?fjO~h4Hlg1 Counly 01 _. I certify tl1all know 0' have satislaclory evidence thai and ____. _ .u. - ---'__ Is/aro Ihe Individual(s) who signed this Instrument In my presDnco, on oath stated that (hujaho/they) was/were authorJzed to execute tho Instrumenl and acknowledged II II lhe 01 .. -----.. -.-------- c.iiIQ'--- --...----([Nl1"1 10 be the tree and volunlary acl of such parly for the uses and pUlpOSOS rnenlloned In Iho Instrument Doled: (NOTARY PUBLIC FOn filE STArE OF WASIlINGTON) My appolnlment explr.. REQUEST FOR RECONVEYANCE To Trustee: lhe undorsigned is Ihe hold or 01 Ihe nole 0' noles secured by Ihis Deed of Trust Said nole or noles, logelhor with ali olhe, Indebledne.. secure,1 by Ihls Deed olllusl, have been paid In full. You al. herohy dlrecled 10 cancel salol nol. or nole. and Ihls Deed of T,usl, which are delivered Ire,eby, and 10 leconvey, without wa"ant~., alllhe eSlato now hold by you undor Ihls Deed ot Trusllo Ihe pelson or persons legally enUtled llrerelo. Oa.tod: Send Reconveyance To: "