Loading...
HomeMy WebLinkAbout9408190035 ORIGINAL Filed for Record at Re,est of: Name Bremerton City Clerk Address 239 Fourth Street Bremerton. Washinaton 98310 BTAT~TORY ~%P~%NTY DEED (For Use in the State of Washington Only) THE GRANTORS, ROBERTO A. BARBOSA and ANGELA M. BARBOSA, husband and wife, for and in consideration of good and valuable consideration, convey and warrant to the CITY OF BREMERTON, a municipal corporation, the following described real estate, situated in the County of Kitsap, State of Washington: Lot 8; EXCEPT the Westerly 10 feet, Block 1, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. DATED this ~ ~ day of ~ , 1994. K ITSAP COUNTY TRANSACTION EXCI~ S OSA CO~TY OF~) On this date, be~re,m~ the~ndersigned, a Notary Public in and for the State of ~ [~]~ , duly co~issioned and sworn, personally appeared ROBERTO A. B~OSA and ~GE~ M. STAT~ORY W~TY DEED -1- BA~BOSA, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. ~GIV~nder my hand and official seal this ~/~ day of ,~ ~'~l~' , 1994. ~ · ~ .~ .~. My appointment expires. ;~~. STATUTORY WARRANTY DEED -2- BARBOSA.~4) - Re~L E~tate - 7/?.8/94 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (I0-17-92) 48 0025 106 01612 CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. CHICAGO TITLE INSURANCE COMPANY Issued by: By: LAND TI TLE CO MP ANY ~ ~ ~ .~.e.~,/~f .~.~ OF KITSAP COUNTY, INC. 400 Warren Avenue Bremerton, Washington 98310 (20 ) 377- 0133 By: Secretory ALTA Owner's Policy (10-17-92) LAND TITLE COMPANYOF KITSAP COUNTY ALTA OWNER'S POLICY STANDARD SCHEDULE A Office File No.: E-99382-3 Policy Number= 48 0025 t06 01612 Date of Policy: August 19, 1995 at 9:38 a.m. Amount of Insurance: $73,000.00 Premium: $301.00 1. Name of Insured: CITY OP BREMERTON, a municipal corporation 2. The estate or interest in the land which is covered by this policy is= A FEE Title to the estate or interest in the land is vested THE NAMED INSURED 4. The land referred to in this policy is described as follows= SEE LEGAL DESCRIPTION ATTACHED ON "EXHIBIT A" AND BY REFERENCE MADE A PART HEREOF SCHEDULE A ALTA Owner's Policy 10-17-92 EXHIBIT 'A' Office File NO.: E-99382-3 DESCRIPTION: Lot(s) 8; EXCEPT the Westerly 10 feet, Block 1, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. SCHEDULE B Office File No.: E-99382-3 Poli~y No: 48 0025 106 01612 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses} which arise by reason of: GENERAL EXCEPTIONS: A. Rights or claims disclosed only by possession, or claimed possession, of the. premises B. Encroachments, and questions of location, boundary and area disclosed only by inspection of the premises or by survey. C. Easements, prescriptive rights, rights-of-way, streets, roads, alleys or highways not disclosed by the public records. D. Any lien, or right to a llen, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not yet payable or which or not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity natural gas or other utilities, or garbage collection and disposal. G. Reservations and exceptions in the United States Patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations; Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. I. Water rights, claims or title to water. FOR SPECIAL EXCEPTIONS, SEE ATTACHED office File No.: E-99382-3 Policy No~: 4'8 0025 106 01612 ALTA STANDARD OWNERS POLICY SCHEDULE B - cont'd SPECIAL EXCEPTIONS: 1. General taxes for the second half of 1995, which become delinquent after October 31, 1995, if unpaid; Amount: $22.50 Tax Account NO.: 4546-001-008-0003 Affects: said premises Levy Code: 1390 NOTE: General taxes for the full year bill in an amount of $45.00. a. Taxes, interest and penalties, if any, which may result from the loss of the tax exemption for which this property has qualified. Amount: $572.11 Tax Account No.: 4546-001-008-0003 Affects: said premises Levy Code: 1390 SC/bl END SCHEDULE B AUTHORIZED OWNER' S POLICY ENDORSEMENTS: NONE ?el~x:,'~: (206) 3'7'7-0/33 ........ 1-800-950-4321 · -. ~%~. ~ nh,.idge: 842-2632 .......... Fax: (206) 377-1428 JUL 2 5 CITY A~ 239 4TH b~*~.~.a· ]m:~vER'I~N, ~ 98337 Your No.: Our File No. :E-99382-3 LA~D TITLE CCI~PANY OF KITSAP CCD]qTY ~: .... ~A~oh~ sgn~'' ' ' ?.~UED FRflW ~tE O~-~-~CE OF: LAND .£~.£,.F. CC~NY 0F ~ ~ ~A 1. ~ ~: J~y 19, 1994 at 8:~ a.m. 0ff~ F~e ~.: E-99382-3 ~ ~'s ~ ~7-9~ ~: ~I.~ ~: 8 73,~.~ F~ ~: ~: $ 24.38 CI~ ~ ~l~ Stana~.d ( ) Extended ~um: $ Insured: Tax: $ O~her Co~e: ~m0unt: ( ) Sta~L~ ( ) Ext~d~d F~=~ium: F~u~osed Insured: Tax: W0~K FEE: Tax: MIND4~ ~JATIC~ ~.:.: INCLUDING TAXES: $54.05 NOTE: In the event there is no activity c~ this file within six (6) mcnths the effect/ye date, t~ car~'-,~llatic~% fee may be billed. is: 4. Title to the e~tate cr interest in the land is ve_=ted in: ~k~qT0 A. BA~OSA. as his separate p~omerty 5..The land r~fe~ed to in this C~m.{trf~nt is d~-_~c~ibed as follow~: $~:~: LSF_4%L DEF~/~XPTIfI~ A~TACHSD fin "EXHIBIT A" AND BY P4~'~ENIiE MADE A PART hhr~OF. 0ffioe File No.: E-99382-3 D~S~£z~: Lot(s) 8; E~r the Wes[~cly 10 f~t, Block 1, Ole Hansen's Navy Yard ;u%~tic~, ~din~j tO the plat thereof, recc~ded in Voltm~ 4 of Plats, P~c3e 56, ~ of Kitsap County, W~. A. R/ghts or claims disclosed cnly by p~essicn, or cl~Lmed ~0ssessic~, of the /nspectic~ of the p~.dses cr by survey. C. w~%ts, prescriptive rights, r/ghts-of-ways, s~ets, ro~ ~, alleys or D. Any lie~, cr right to a lien, for cc~tributic~s to ~.~loyee benefit funds, cr cr hereafter furnished, ~] ] as /m~x~ed by law, and not spawn by the public records. G. Rese~vatic~s and exceptic~s in United States Patents or /n Acts authorizirg the issuar~e thereof. I. Water rights, cla/ms, or title to water. f/~t app~ng in ~ public r~rds, or attachir~ subsequent to the effectiv~ date hereof but urlor to the date of the p~c~osed Insured ao~ires of r~d for ~alue the estate of /nterest or mortgage t~_reon covered by this Oam~tment. OC~i.~.','M~,~T ~ '£~'£,.~- I~SL~%%NC~ Office File No.: E-99382-3 ~ B-I 1. D=~4 of trust, to secure an /r~=htedr~ss of 861,762.00 i~C~l~ ~y i~ere~t, D~: APRIL t, 1992 Reco~-ded: APRIL 22, 1992 ~ .~,,-d/r~ No.: 9204220187 Gr'an~, .;: R~berto A. ~Dsa, an ~led person Trustee: Land Title C~L~any of Kitsap County Da~: APRIL 24, 1992 ~-,;,-,=~: MAY 14, 1992 ~. ,Ld/r~ No.: 9205140141 To: Keyccrp Mortgage Ir~., a Maryland c.., ~z=tic~ 2. D~ of trust, to secure an ir~htedness of $1,217.00 /nc],~ any interest, D~ted: NOVE~m~R 2, 1992 ~=c~n4¢~: JANUARY 4, 1993 ~ C- ~ NO.: 9301040190 Trustee: First American Title ~ Oa,~nny Dated: N0V~WR 2, 1992 ~: AUGL~T 3, 1993 ~ NO.: 9308030074 To: PAcific Sou~ Bank, F.S.B. 3. Geritol ~ f~r the smc~d half of 1994, which b~...e del/r~/u~nt ~fter ~ 31, 1994, if unpaid; Amount: ~352.49 Tax A~nunt NO.: 4546-001-008-0003 Levy Code: 1390 Assessed Value: $51,080.00 NOTE: General taxes f~r the full y~ar bill in an ~mount of 8704.98. 4. Liens of r¢~] estate excise sales tax uuon any sale of said pr~mises, if unpaid. Exc/se tax rate for Kitsap County is 1.78%. C/rd CC~.,MI~T Ff~R .rz.£,.~- INS%IPANCE Offic~ File No.: E-99382-3 S(~mZ~E C following are ~h~ re~.,~,~.--~ts to be .... :,lied wi~h: ~ be ~u~erly executed, ~=~%~_~d, and duly filed f~r E~D ~ C Rm~UIRm~ --~;,~;~;; DEED OF TRUST LO^N,O. 9,e,--;; ~' NOTICE: THIS'LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPART- MENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. The attached RIDER is made a part of this instrument. THISDEEDOFTRUST, ISmedethis tst d~yof Aprlt, 1992 ,BE'~EN . es Grantor, whose address Is Grantor hereby Irrevocably grants, bargains, sells and conveys to Trustee In trust, with power of sale, the foBowing described pmbarty In s ~ T S · P County. Washington: ss~ w ~ssu.,.~o. POLtC~ ,t~s, ~T~C.S~,. APR Z,'~ ~.~,'?,2t 2:35 ~,.~.,~,.,~ ~'LY~'~,h ~v[J~ L?,h: Chi,Ir h~ A. F..-fi:: c2204220187 TOGETHER W1TH all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any, vise appertaining, and the rents. Issues and prorRs thereof; and all fixtures now or hereafter attached to or used In connection wfih he ~emises herein described; and In eddit~on !hereto, the follov~,na d ,e?~ribed h~ .u¥~.l~, 2_ ,a_p?~es,~V~h e r e,~ e and th s deed c~ ~ust Is a .security agreement, granting to beneficiary, as secured party, a security Interest in any such property The reeJ properly conveyed by this deed of trust Is not used principally for agricultural or farming purposes. ol THIS DEED IS FOR THE PURPOSE OF SECURING PERFORMANCE of each agreement of Grantor herein contained si the c~d~r o/Benefioia~y and made by Grantor, and also such further sums as may be ad'ranced or loaned by Beneficiary to it 1. That he w~l pay the indebtedness, as hereinbefore provided. Priv~ega IS rose,ed to prepay at any time. without dollars ($1~0.00). whichever is lees. Prepayment in full shall be credited on the date received. PartlaJ p~epeyment, other d then on an installment due dale, need not be credited until the next fc~lowing installment due date or thifiy days a~ter such e 2. Grantor agrees to pay o Seneficisry together with and In addition to the monthly payments ot principal end interest (a} A sum, as estimated by the Beneficiary, equal to the ground rents, ~ any. and the taxes and speciaJ assessments next due on the premises covered by this Deed o~ Trust. plus the premiums Lhat w~l next become due and payable on such lnsu~nce p~icles as may be required under paragraph 9 hereof, satIsfactory to Beneficim7, Grantor agreeing to darner promptly to Beneficiary all b~s and notices therefor, less all sums already paid therefor dMded by the number ar assessments will become delinquent, such sums to be held b_y the Beneficiary in trust to pay said grc4Jnd rents, All payments mentioned n the preceding subsection of this paragraph and ail payments to be made under the note 3rte (b) sacs.~red hereby shell be added together and the agg.re..g., st~ am..ount t.h~r, ecf s .heft b~ ip~o~dh by the Grantor each month in n a s~e payment to be app41ed by Beneficiary to the meowng ~ems m me oraer sar ~o Ih, (11) Inleresl on the note secured hereby;, and d (111} amortization of the principal of said mae. 'Jl: (c) Any doric enoy in the amount of any stJch aggregate monthly paym.ent, shall: unle. sa_mad. · .good by_.the Granlor prl?.r s. ~e~ry's pa. bewnd ,he a,ow~ng of due.r, edfi. wit.h? !ntere:t. ~o.r !h;.;um.s a,~;~y/rec e ~ by ~ U~n LOAN NO. · ~6. 'Without afiecting he lability o! any olher person Ior the payment oJ any obligation herein mentioned (including Grantor should he convey said real property) and without affecting the lien hereol upon any property no~ released. Beneficiary may. without notice, release any person so liable, extend the maturity or modily the terms o/any such obligalidns, or grant other indulgences, release or reconvey or c~usa to be released or reconveyed at ar~ time ~ or any pa.rio he realty described herein, take or releasa any nther sacurity or make compositions or other arraogements with debtors. Beneficiary may a~so accept edditlor~l security, either concurrently herewith or thereaRer, and sa~l same or o berwise rsahze thereon, e~ther before, concurrer~Uy with, or after sale hereuede. Witness the hand(s) of the Grantor(s) on Ihe day and year first above writler~ STATE OF WASHINGTON, } ss: COUNTY OF bereby certify that on this I the undersigned, to me knob, il to be the individual described in and who executed the within Instrument, and acknowledged that h · signed and sealed the same as h [ s ( t~*-kee and v~untary act and deed. for the uses and purposes there~n mentinned. Given under my hand and official seal the day and year last above written. · The'~nd~s~ned is the legal owner and belder of the note and all other Indebtedness secured by U~e w~thin Deed of Tn~st, Said nole, ogether with a I othe ndeb ednese secured by said Deed Of Trust, has bee n f~ly paid and setis§ed; and you are hereby requested and directed, on payment t.o you Of a ~.y s.u.m.s .owing to you ??der you herr,,~th, together with the said Deed o! TnJs~, and to reconvey, without warra~bJ, to the parties designated by the terms of said Deed of Trust. all the estate now held by you thereunder. By O,,pu~. LOAN NO. 9ZO3- ~;J VA ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THISASSUMPTIONPOUCYRIDERismadethislst dayof ~ertt,~*~'z ,andlsfncorpomtad into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (Instrument') of the same date herewith, given by the undersigned ['Mortgagor') to secure the Mortgagor's Note ('Note') c~ fha same & VASNII~GTOI( COIIPOI~AT tO# Ks successors and assigns C'Mortgagee') and cover;rig the property described In the Instrument and ?oc. ated at~ Notwithstanding anything to the contrary set forth in the Instrument, Mortgagee and Mortgagor hereby ackno~edgee date that this loan would normally become efig~"ole for such guaran[~ committed upon by the Veterans Administration under the p~ovisions of Title 38 of the U.S. Code 'Veterans Rene§ta', Ihe Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other dghts hemuncler or take any olher proper action as by law provided. TRANSFER OF THE PROPERTY: If all or any part of the Property or any interest In it is sc~d or transferred, this loan shaft be immediata~y due and payable upon transfer ["assumption') of the property securing such loan to an~ transferee ('assumer') unless the acceptab~ity of the assumption and transfer of this loan is established by the Veterans Administration or its authorized agent pursuant to section 1817A of Chapter 37, T t e 38, Un ted States Code. An authorized transfer ~'assumption') of the property sha~l also be subject to additional cover~nts and agraemen~t s as set forth below: (a) ASSUMPTION FVNDING FEE: A fee equal to one.half of 1 percent (.50%)of the unpak~ principaJ balance herein prc~ded, and, at the option of the mortgagee Of the indebtedness hereby secured or any Iransferee thereof, shaft be immediately due and payable. This fee is automatically waived, if the assumer is exempt under the provisions of 38 U.S.C. ~s29 (b). (c) ASSUMPT (~N NDEMN 'FY L AR L TY f h s ob gat on is assumed hen the assumer hereby agrees to IN WITNESS WHEREOF, Mortgagor(s) has executed this Assumption Policy Rider. When Recorded Mail To: LOAN NO. 9z03- o2 SPACE ABOVE THIS UNE FOR RECORDER'S USE -- C' [3SIO( ASSTGNMENT OF DEED OF TRUST FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to ~00KITo~P COU~YLTC FILED~Y: LA~ TITLE CONPANY HAY t4, t~2, ~2:~7 PH ~RENFLYNN, A~iTOR CLERK: CHIPPS A.F.~: ~205240141 REEL 0647 FR 2836 DATED: APRIL 24, 1992 STATE OF V~S~I~GION ) COU~YOF~S~ ) ss. On APR I L 24 [ 992 before me, the u~e~ign~, a Notaq PUU~ ~ a~ for the ~id Coun~ a~ Slate, to me pers~ khan. who, ~ing dOy ~orn by me, d~ ~y t~t h~ is the ASST. VICE-PR~SIDENT / !(A~EN " FL IN, I AUDITOR )~-00032537/ BARBOSA R. CLERK', VE,~ESK) ACCOUIIT ' ' ' ":' " ~ ASSIGNt-iENT OF Llgbl FOR VALUE RECEIVED, the receipt and suffLciency or' which is hereby acknowledge,I, ASMC A(~CEPTAblCE CORP., a Texas Corporation, her'eby ~r~nts, assigns and t~ansfer's to .... all of its State of and recorded in ~ IN WITNESS WHEREOF, the un<let'signed, a~ heidel, o~ ~ ~a i,~ lien ~~ WITNESS -- ~~% T I 'r [,E: _ A ~.'!'AN!_V I ~..~ ~ [ ,5~,~ ............ ....... " ~.2'2' ""- ................ ORIGINAL RE~L ESTATE PURCHASE AND S~-LE 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 "Purchaser") 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 4429 Barnes Street, Bremerton, Washington 98312, and legally described as follows: Lot 8, Except the West 10 feet of Block 1, Ole Hanson's Navy Yard Addition, according to the Plat thereof, records of Kitsap County, Washington. 1. PURCHASE PRICE: The total purchase price is Seventy-three Thousand Dollars ($73,000.00) payable by Purchaser to Sellers, in cash, on the date of closing. 2. CONDITION OF TITLE: 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 may be 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 closing agent 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 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 REAL ESTATE PURCHASE AND SALE AGREEMENT --1-- BARSOSA.AGT - Real Estate 7/8/94 writing and elect to purchase. The closing agent shall not be responsible for delivery of title. 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: ~/~ Sellers shall deliver possession to Purchaser on closing, or days after closing. Sellers agree to pay Purchaser the sum of $ for each day of possession beyond date of closing. Possession 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 condition 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: damaged dry wall in ceiling of downstairs bathroom. Drain pipe gasket on upstairs toilet needs to be replaced and drain pipe supported more rigidly. 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 within 45 days after preliminary commitment for title ~olicy is delivered showing title insurable, ~Sl~OVe provided, but in any event not later than the day of~ , 19 , upon which date the agreement shall terminate. The Purchaser and Sellers shall deposit with the Bremerton City REAL ESTATE PURCHASE AND SALE AGREEMENT -2- BARBOSA.AGT - Real Estate 7/8/94 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. 11. 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 coverings, 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, trees, plants, shrubbery, water heating apparatus and fixtures, awnings, ventilating, cooling and heating systems including built 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. ATTORNEYS' 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 attorneys' 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 PURCHASE AND SALE AGREEMENT -3- BARBOSA.AGT - Rea[ Estate ~8/94 essence of this agreement. Ail subsequent modifications or waivers of any condition of this agreement shall be in writing and signed by the appropriate parties. CITY OF BREMER~O~ Date R , PURCHASER ATTEST: DEP~TMENTAJ~APPROVAL. EDDY CHU{ DireCtor of Public Wo~ks & Utilities ~TO FORM: IAN R~-SIEVERS, City Attorney Purchaser's Address: Bremerton City Hall Attention: Kathleen L. McCluskey, Clerk 239 Fourth Street Bremerton, Washington 98310 Purchaser's Phone: (206) 478-5290 On this date 08 UU~¥ t?9~ , 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. ROBERTO A. BARBOSA ANGE~A M. BARBOSA REAL ESTATE PURCHASE AND SALE AGREEMENT -4- 8ARBOSA.AGT - Rea[ Estate 7/8/94 Sellers' Address: Seller's Phone: A true copy of J~he foregoing agreement signed by Sellers is · hereby received on ~ ~ ~_, ~ ?~( . Bremerton City Attorney\ Agent for Purchaser REAL ESTATE PURCHASE AND SALE AGREEMENT -5- BARBOSA.AGT - Rea[ Estate 7/8/94 ORIGINAL 8ELLBRS' CLOSING STATEMENT gBLL~RlZ ROBERTO A. BARBOSA and ANGELAM. BARBOSA PURCHA~BRt CITY OF BREMERTON L~GAL DEHCRIPTIONt Lot 8; EXCEPT the Westerly 10 feet, Block 1, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. AMOUNTS DUE/PAID SELLERS Total Purchase Price $73,000.00 Lees Mortgage Payoff Balance to Keycorp Mortgage, Inc. (See Exhibit "A" attached) (61,254.93) Less Mortgage Payoff Balance to American Savings Mortgage Corp. (See Exhibit "B" attached) ~ Cash proceeds payable to Sellers at Closing ~ iellers, Closing Coster Title Insurance Premium (Land Title Insurance Company) $ 325.38 Second 1/2 Kitsap County Property Taxes ($352.49 + 184 days (Jul. i through Dec. 31) = $1.92 per day x 41 days.(Jul, i through AUg. 10) (Kitsap County Treasurer) 78.72 1% Real Estate Excise Tax (1.78% - Kitsap County Treasurer) 1,299.40 Reconveyance Fee for reconveyance of Deed of Trust dated 4/1/92 held by Keycorp Mortgage, Inc. (Land Title Company of Kitsap County, Trustee) 42.00 SELLER'S CLOSING STATEMENT --1-- BARBOSA.SCS - REAL ESTATE - 7/28/9/* Reconveyance Fee for reconveyance of Deed of Trust dated 11/2/92 held by American Savings Mortgage Corporation (First American Title Insurance Company (Charter Title), Trustee) 42.00 Total Sellers' Closing Costs $1,787.50 $1,787.50 Less closing proceeds payable to Sellers at closing (607.31~ TOTAL CASH REQUIRED FROM SELLERS TO CLOSE ~ MOTEs It is understood and agreed by all parties hereto that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further, if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. ACCEPTED AND APPROVED thi. /~ day of ~ , 1994. ROBER.TO A. BARBOSA ANGkL~ M. BARBO~A SELLER' S CLOSING STATEMENT -2- IIARBO~),.SCS - REAL ESTATE - 7'/28/9/(* EXHIBIT MORTGAGE INC'- 10888 S.E. ] AIN ST.' MILWAUKIE~ OR. 97222 PAYOFF STAT~NT ~LY 21, 1994 ******************************* * INSTRU~IONS ON THE ~T PAGE * * OF THIS STAT~ ~ST BE * TO: CITY OF ~R~N * FOLdeD IN O~ER TO PROCESS * A~N JACKIE CRONK * YO~ PAYOFF * 239 4~ ST~ET ********************************* B~R~N WA 98310 ~ TYPE: VA C~E NO: ~406533 ~: ~ ~BER: 439123-3 MOR~AGO~: ROBERTO A B~SA PROPERTY ADD, SS: 4429 ~ES ST~ET B~RTON WA 98310 ******* YOU ~ST ~RIFY ~T T~ MORTGAGE ~BER ~TCHES THE ~ PROPERTY ADD, SS YOU INTEND TO PAYOFF. ******* THIS ~ IS D~ FOR ~ AUGUST 01, 1994 PA~. T~ ~ ~T~ ~PAID PRINCIPAL BA~CE IS: 60,697.87 I~E~ST AT 8.50000% TO AUGUST 10, 1994 557.06 P~PA~ PEN~TY INTE~ST .00 P~PA~ PENALTY F~T FEE .00 ESCROW/I~D O~~ .00 ~SS ~ ES~OW BA~CE .00 BUY~ SUBSIDY/~P~C~ ~SER~ BA~CE .00 SUSPENSE ~CE .00 PRO ~TA MIP .00 ~PAID ~TE C~GES .00 ~PAID NSF C~GES .00 .00 .00 .00 **TOTAL ~0~ ~ PAYOFF ~ ~ OF AUGUST 10, 1994 61,254.93 DAILY PER DI~ I~E~ST *********************** ~DS ~CEI~D ~ AUGUST 10, 1994 WI~ ~QUI~ ~ ~DITION~ $ 14.12 I~E~ST P~ DAY. PA~ ~D ~I~NG INSTRU~IONS ~DS ~ST BE IN ~ FO~ OF A ~HIE~ C~CK OR C~TIFIED C~CK. ~SH OR PE~ON~ ~C~ WI~ NOT BE ACCEDED. ~ YO~ C~CK PAY~ ~ ~YCO~ MOR~GE INC. T~ MORTGAGOR~S N~ ~D S~N DIGIT ~BER ~ST APP~ ON THE C~CK. P~.R~SE ~IL ~ PAYOFF C~CK INC~DING SUFFICIE~ I~E~ST ~ PAY ~E MOR~AGE IN ~ ~ ~Y~ MOR~AGE INC., 10888 S.E. ~IN ST., MI~AUKIE, OR. 97222. YOU ~ST INC~E "A~E~ION PAYOFF DEP~" WI~ ~ ~I~NG ADD, SS ~ ENS~ T~LY ~D PROPER ~DITING OF YO~ PAYOFF ~ECK. XP421 439123-3 CLEARANCE OF PAYMENTS AND DISBURSEMENTS THESE FIGURES ARE BASED UPON CLEARANCE OF ALL PREVIOUS CHECKS AND ARE SUBJECT TO FINAL VERIFICATION BY THE NOTE HOLDER. ALL RIGHTS TO FULL REIMBURSEMENT FOR DISHONORED ITEMS ARE RESERVED. LATE CHARGE OF $ 22.80 WILL BE ASSESSED AND SHOULD BE ADDED TO THE PAYOFF STATEMENT IF PAYMENT IS NOT RECEIVED BY THE DUE DATE OF PAYMENT. ESCROW ACCOUNT: THE CURRENT ESCROW BALANCE OF $ 296.35 MAY CHANGE DUE TO RECEIPTS AND/OR DISBURSEMENTS FROM THE ESCROW ACCOUNT PRIOR TO PAYMENT IN FULL. DO NOT DEDUCT THE ESCROW BALANCE FROM THE PAYOFF AMOUNT. THE ESCROW BALANCE WILL BE REFUNDED APPROXIMATELY TWO WEEKS FROM THE DATE OF PAYOFF. IF WE ARE ESCROWING THE TAXES AND/OR INSURANCE, WE WILL CONTINUE TO PAY THE ITEMS UP TO THE DATE OF PAYOFF, UNLESS WE ARE INSTRUCTED NOT TO BY CONTACTING THE PAYOFF HOT-LINE AT 503/786-3224. IT IS IMPORTANT THAT THE MORTGAGOR~S CORRECT ADDRESS IS PROVIDED PRIOR TO OR INCLUDED WITH THE PAYOFF CHECK. ESCROW IS PAID TO THE MORTGAGOR(S) OF RECORD. KEYCORP MORTGAGE INC. IS NOT RESPONSIBLE FOR PRIVATE AGREEMENTS BETWEEN MORTGAGOR AND A THIRD PARTY IN REGARDS TO THE DISPOSITION OF ESCROW FUNDS. *AUTOMATIC DRAFT IF MONTHLY PAYMENT IS MADE THROUGH AUTOMATIC DRAFT, DO NOT CANCEL ANY DRAFT ALREADY APPLIED TO THE LOAN. TO STOP THE NEXT MONTHLY DRAFT, WE MUST RECEIVE YOUR REQUEST IN WRITING OR BY TELEPHONING THE PAYOFF HOT- LINE AT 503/786-3224 BY THE 20TH OF THE MONTH. IF THE NEXT MONTHLY DRAFT IS PROCESSED, THE PAYOFF FUNDS WILL BE APPLIED BASED ON THE ADJUSTED FIGURES AND ANY OVERAGE SENT WILL BE PLACED IN ESCROW AND REFUNDED. DISCHARGES OF MORTGAGES FOR THE STATES OF FLORIDA, GEORGIA, OHIO, PENNSYLVANIAAND SOUTH CAROLINA WILL BE CANCELLED OFF RECORD BY REYCORP MORTGAGE INC., AND THE CANCET.T~TION FEE WILL BE INCLUDED ON THE PAYOFF STATEMENT. IN THE STATES OF IOWA, KANSAS, MICHIGAN, TENNESSEE, KENTUCKY A-ND OKLOHOMA, THE DISCHARGES OF MORTGAGES WILL BE CANCELLED OFF RECORD AND THE CANCELLATION FEE WILL BE EXPENSED BY KEYCORP MORTGAGE INC. RECORDING INFORMATION SHOULD BE SUBMITTED WITH THE PAYOFF CHECK TO EXPEDITE DISCHARGE PROCESSING. ************************* WIRE INSTRUCTIONS ***************************** IT IS VERY IMPORTANT TO CONTACT THE PAYOFF DEPARTMENT FOR WIRING INSTRUCTIONS PRIOR TO THE PAYOFF OF THE LOAN. KEYCORP MORTGAGE INC., PAYOFF DEPARTMENT WILL RESERVE THE RIGHT TO REFUSE A WIRE IF NOTIFICATION OF THE WIRING PROCESS IS NOT FULFI?3mD. CLOSING AGENTS ARE REQUIRED TO FAX DOCUMENTATION OF RECONVEYANCE AND OR SATISFACTION INSTRUCTIONS IF THE PAYOFF IS TO BE WIRED. ******PTm~SE NOTE: A WIRING FEE OF' $15.00 MUST BE INCLUDED IN THE FINAL FUNDING OF THE PAYOFF. LEGAL DEPARTMENT DATE: July 21, 1994 TO: Barbosa/City of Bremerton Transaction File FROM: Jackie R. Cronk, Legal Assistant RE: Roberto A. and Angela M. Barbosa - City of Bremerton Transaction Purchase by City of 4429 Barnes Street, Bremerton, Wa. I called American Savings Mortgage Corporation today, with regard to the above-referenced transaction, and spoke with Anna in their loan servicing department. I informed Anna that I was calling with regard to Loan No. 54-00032527 and requested a payoff figure for the balance owing on said loan as of August 10th. Anna informed me that the amount owing, in full, on the loan as of 8/10/94 would be $11,137.76 and that the per diem interest rate on the loan is at 4.579 in case the transaction might close after the 10th. Anna advised that payment be sent to: American Savings Mortgage Corporation, P. O. Box 2600, ! ak~ Jackson, Texas 77566 to the attention of the "Loan Servicing Department'. I informed Anna that the City of Bremerton was intending to purchase the property from Mr. Barbosa and requested a written payoff statement. Anna informed me that a written payoff statement could only be sent out to the owner of the property, or, alternatively, the City could obtain a written statement ifa $20.00 check (for the request fee) was sent to them in advance. Because of the time constraints involved in this transaction, I elected not to obtain a written payoff statement and advised Anna that I would document our conversation and go with her telephone quote for my payoff amount. 239 4TH STREET · BREMERTON. WA98310 · (206)478-.~15 · FAX ~06) 478-5161 ORI61NAL PURCNASER'8 CLOSING STATEMENT 8~LL~RSZ ROBERTO A. BARBOSA and ANGELAM. BARBOSA P~CNAB~: CITY OF BREMERTON LEGAL DEB~IPTION~ Lot 8; EXCEPT the Westerly 10 feet, Block 1, Ole Hanson's Navy Yard Addition, according to the plat thereof, recorded in Volume 4 of Plats, Page 56, records of Kitsap County, Washington. AMOUNTS DUE/PAID SELLERS Total Purchase Price $73,000.00 Less Mortgage Payoff Balance to Keycorp Mortgage, Inc. (61,254.93 ) Less Mortgage Payoff Balance to American Savings Mortgage Corp. ¢11.137.76~ Cash proceeds payable to Sellers at Closing $ 607.31 ADD Purchaser's Closing Costs to Cash Payment Payable at Closing: Recording Fee for Statutory Warranty Deed (Barbosae/City of Bremerton - Kitsap County Auditor) $8.00 Total Purchaser's Closing Costs $8.00 8.00 TOTAL CASH REQUIRED FROM PURCHASER TO CLOSE S 615.31 NOTE: It is understood and agreed by all parties hereto that this closing statement is subject to audit and should there be any errors or omissions, they are to be corrected. Further, if any legitimate monetary error is discovered, it is to be assessed and immediately collected from the party or parties liable therefor. PURCHASER'S CLOSING STATEMENT BARBO~A.PCS - REAL ESTATE - 7/28/94 1994.ACCEPTED AND APPROVED this~7 day of ~ CITX~OFQ BREMERTON IAN R. SILVERS Bremerton City Attorney PURCHASER' S CLOSING STATEMENT BARBOSA.PCS - REAL ESTATE - ?/28/94 O © PLEASE TYPE OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT Tnis form is your receipt when stamped PLEASE SEE REVERSE by cashlcr. Form No. 84 000lA CHAPTER 82.45 RCW - CHAPTER 458-61 WAC For Use at Coun,t'/Treasurer's Office (Use Form No. 844)001B for Repor~thg Transfer~ of Controllhlg Interest of Entity Ownership to the Department of Revenue) ~ ROBERTO A. ARBOSA I CITY OF BR~H~RTON ~ame Name [~, ~ c/o .ndy & Crai. Pr.tt ~,-- 239 ,ourth I ~ ~', Goose Creek ~,o,. S.C. Zi~ z.~a = Bremerton WA. 98337 ~ ~.l,y ....... ~. -- City Stute Zip W ADDRESS TO SEND ALL PROPERTY TAX RELATED COP. P. ESPONnENcE City of Br~rton 2~ Fourth Street ~ ~, ~ Street ~ ..... Briner ton, l,/aohin~t on 98337 City/State Zip ~ LEGAL DESCRIPTION OF PROPERTY SITUATED IN ~ UNINCORPORATED COUNTY ~] OR IN CITY OF Street Address (if property is improved): Lot 8~ EXCEI~r the ~/esterly 10 feet, Block 1, Ole ~uson's Nsvy Yerd Addition, eecordinR ~i~ to the plat thereof, recorded in Volu= I of Plato, age 56, records of Kitsap County. Weshineton. I Is this property currently: YES NO [] Description of tangible personal property if included in sale (furniture, v Classified or designated as forest land? [] appliances, Chapter 84.33 RCW Classified as current use land (open space, farm [] and agricultural, or timber)? Chapter 84.34 RCW . Exempt from property tax as a nonprofit [] [~ If exemption claimed, list WAC number and explanation. \L. organization? Chapter 84.36 RCW Seller's Exempt Reg. No. -- WAC No. (Sec/Sub) Receiving special valuation as historic [] [~ Explanation property under?. Chapter 84.25 RCW Property Type: [] land only [] land with new building Statutory l,;arrmaty Deed [] land with previously used building [] land with mobile home Type of Document [] timber only [] building only I .' X Date of Document - t ' Principal Use: [] Apt. (4 + unit) [] residential 73, 00. 0 [] timber [] agricultural [] commercial/industrial Gwss Sale Price $ [] other Personal Property (deduct) $ 7.~ ](1) NOTICE OF CONTINUANCE (RCW 84.33 or RCW 84.34) Taxable Sale Price , Excise Tax State } ~ '' $ 0 If the new owner(s) of land that is classified or designated as current use or forest land wish to continue the classification or designation of such Local $ land, the new owner(s) must sign below. If the new owner(s) do not desire Delinquent Interest: State $ to continue sach classification or designation, all con}peasating or additional Local $ tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller or transferor at the ~ of sale. Thc county Delinquent Penalty: State $ assessor must determine if the land transferred qualifies to continue Total Due $ classification or designation and must so indicate below. Signatures do THERE IS A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the compensating taxes [] AFFIDAVIT will be applied. Ail new owners must sign. I certify under penalty of ,perju, ry under the laws of the state of This land [] docs [] docs not qualify for continuance. Washington that the foregoing is true and correct. Date Signature of DEPUTY ASSESSOR Grantor/Agent ~OBi~RTC A. BARBOSA (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) Name (print) If thc new owner(s~ of Property with special valuation as historic property ' wish to continue this special valuation the new owner(s) must sign below. Date & Place of Signing If thc new owner(s) do not desire to continue such special valuation, all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due Signature of and payable by the seller or transferor at thc time of sale. Grantee/Agent IAbl R. SIEVE[tS, City Attorney (3) OWNER(S) SIGNATURE Name (prin0 Date & Plac~ of Signing PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (lC)). FOR TREASURER'S USE ONLY FORM REV 84 000lA (12-93) (PD E1-17-93) - THIS SPACE RESERVED FOR RECORDER'S USE: First American Title INSURANCE COMPANY Filed for Record at Request of Name .............. .A...S.~ .C. ......................................................................... C0~TY CTC -BY: CHARTER TITLE CORP Address ............................................................................................ P.0. BOX 2600 ~ FLY1Ot, AUDITOR CLEm F~.Et~ City and Sta~e LAKE 3ACKSON, TEXAS 77566-2600 --~-r¥~'i'""~iy~'-~,~"~'o'f~ii~iy~' ....................................... A. F- ii: 94.0929~ REF: 54-00032537 D10469 J~_..L_____[~.___.~__.~__ Full Reconveyance The undersigned as trustee under that certain Deed of Trust, dated NOVEMBER 2 ,19 92 in which ROBERT0 A. BARBOSA is grantor and BANKS NATIONAL is beneficiary, recorded on JANUARY 4 , 19 93 , as Auditor's File No. 9301040190 , in Volume of Mortgages, at page , records of KITSAP County, Washington, having received from the beneficiary under said Deed of Trust a written request to reconvey, does hereby reconvey, without warranty, to the person($) entitled th or®to all of the right, title and interest now held by said trustee in and to the property described in said Deed of Trust, situated in KITSAP County, Washington, as foiiows: AS IN SAID DEED OF TRUST Dated SEPTEMBER 27 ,19 FIRS~ AMERIGAN T~E INSURANCE COMPANY ~1 ~ J~ /~GREG WILSON, ASSISTANT SECRETARY ~,~:~&-o ~-gq .<~ (N~ - Tit~) STATE OF WASHING~N J ss. STA= OF WASHING~N COUNTY OF ............................................... COUN~ O~ ............. ~J.~.S~ ..................... Oa t~s day pe~o~ny appea,~ ~fore me ~ ~......2.ZZH..:. ~y of ......SKPZK~KR .................................. 19 ............. 94 ~fore me, the ~aemi~, ~a, a~y ~mm{~o~ ~ ~, ~rBO~y appear~ ................................ who exe~ the ~ ~d ~o~egoi~ i~t~ent, -"7 ...................................................................................................................................... ~a .......... ~EG--W-I-bS~N ............................................................................................ ~a ac~owledge8 that .................. s~n~ ~e ~e ~ me ~o~ ~ ~ the ............................ ~ ............ : ........... f~ee a~a vol~ act ~a a~, ~ve~pf .......... :'F'I'R'S~';~6~N'"~-I'~--4~-~R{NG~-~A~Y the ~ia i~tr~eat ~ ~ ~e free ~a vol~ a~ ~d a~ of e~ ~r~r- a~oa, for ~e ~ ~a p~pos~ ~er~ memtiom~, ~a om ~th s~ ~t ......... ~..~ ......... authoH3~ ~ ex--re ~e ~a imtmeat ~a ~t the se~ G~N ~dem my ~a ~a o~aal ~ ~ -~-~ m ~e ~o~a~ seal of ~a ~a~om ............ day of .................................................... ,19 ......... Wi~ my ~d ~ o~ s~l he~ ~ ~e ~y ~d y~r ~mt a~ve w~t~n. '~/~ .......................................................................................................................................... ................. No~ Public in ~d for ~h~ 8~t~ of W~h- No~ Public i~n, ~ ~ ................................................... ~i~$ ~t .............. ~['R'~O~ ................................. WA-38(Rev. 1/871 MY COMMISSION EXPIRES: 3-5-97 WASHINGTON JAN L. FELLNER .12:04 EST 4391233 AND'W~IEN"ffECO'RDED MAIL TO OE TO A B OSA -I Name 103. FJkZELTON CT S,,eet GOOSE CREEK SC 29445 City & State L _a [ SUBSTITUTION OF TRUSTEE WHEREAS, LAND TITLE COMPANY OF KITSAP COUNTY is the present Trustee(s) of record under that certain Deed of Trust executed on the 1ST dayof APRIL. 19 92. by ROBERTO A BARBOSA, AN UNMARRIED PERSON as Trustor(s), to LAND TITLE COMPANY OF KITSAP COUNTY as Trustee(s), recorded on the 22ND, day of APRIL, 19 92, as Instrumem No. 9204220187 in Book/Reel 0643 at Page 0155 of Official Records in the Office of the County Recorder of the County of KITSAP , State of WASHINGTON ; and re-recorded: DATE ,19 AS INSTR. NO. IN BOOK/REEL PAGE/IMAGE AND WHEREAS the undersigned, NATIONSBANC MORTGAGE CORPORATION OF NEW YORK (WILL BE REFERRED TO AS NBMC OF NEW YORK THROUGHOUT THIS DOCUMENT), FKA KEYCORP MORTGAGE INC. is/are the present holder(s) of the beneficial interest under said Deed of Trust, and do/does hereby appoint PSM FINANCIAL MANAGEMENT CORP. as Trustee(s) in ~ace and stead of said LAND TITLE COMPANY OF KITSAP COUNTY NOW THEREFORE upon recordation of this document, the undersigned do/does hereby discharge the present Trustee(s) and appoint PSM FINANCIAL MANAGEMENT CORP. as the new Trustee(s) who shall succeed to all the powers, duties, authority and title of the former Trustee(s). DATEDthis 7TH dayof JUNE, 19 95. ,~ : - : NBMC A NEW ST. VICE PRESIDENT WASHINGTON JAN L. FELLNER 52:05 EST 4391233 AND WHEN RECORDED MAIL TO N,,m,, 101 HAZELTON CT st.,,,t GOOSE CREEK SC 29445 Addreu City &. L_ SPACE ABOVE THIS UNE FOR RECORDER'S USE FULL RECONVEYANCE PSM FINANCIAL MANAGEMENT CORP. and thereafter referred to as: PSM FINANCIAL MANAGEMENT CORP. , as duly appointed under Deed of Trust hereinafter referred to, having received from holder of the obligations thereunder a written request to reconvey, recking that all sums secured by said Deed of Trust have been fully paid, and said Deed of Trust and the note of notes secured thereby having been surrendered to saw Trustee for cancellations, does hereby RECONVEY', without warranty, a:) the person or persons legally entitled thereto, the estate now held by it thereunder. Said Deed of Trust was executed by ROBERTO A BARBOSA. AN UNMARRIED PERSON Trustor, and recorded in the official records of KITSAP County, WASHINGTON as follows: DATE APRIL 22 , 1992 AS INSTR. NO. 9204220187 IN BOOK/REEL 0643 PAGE/IMAGE 0155 and re-recorded: DATE , 19 AS INSTR. NO. IN BOOK/REEL PAGE/IMAGE . Now, therefore, in accordance with said requeet and provisions of said Deed of Trust, PSM FINANCIAL MANAGEMENT CORP. as Trustee, does hereby RECONVEY, witty)ut warranty, to THE PERSON OR PERSONS U~GALLY ENTITLED THERETO, ell estate now held by it thereunder in and to that property in said county, State of WASHINGTON , described as follows: AS DESCRIBED IN RECORDED DEED OF TRUST In Witneea Whereof. PSM FINANCIAL MANAGEMENT CORP. asTrustea, l-,a~cauead~cofl~ora~name and seal to be hereto afro(ed by its officer, thereunto duly authorized. PSM FINANCIAL MANAGEMENT CORP. JUNE 7,1995 WASHINGTON JAN L. FF. LT.NF.~ 12:04 EST 4391233 RECORDING REQUESTED BY , {~~ ~:~ NATIONSBANC MTG CORP NY ~ .' C qOBERTO A BARBOSA Nam. 101 HAZELTON CT ~ GOOSE CR]~EK SC 29445 SUBSTITUTION OF TRUSTEE I WHEREAS, LAND TITLE COMPANY OF KITSAP COUNTY the ~m~nt Tru&loe(s) of record under that oer~n Deed of Trust execu~d on the 1ST dayof APRIL, 19 92, by ROEERTO A BARBOSA, AN UNMABRIED PERSON as Trustor{s), to LAND TITLE COMPANY OF KITSAP COUNTY as Tnmtee(s), recorded on the 22ND, dayof APRIL, 19 92, as Instrument No, 9204220187 in Book/Real 0643 atPage 0155 of Official Record$ in the Office of the County Recorder of lhe County of KITSAP , State of WASHINGTON ; and re-recorded: DATE ,19 AS INSTR. NO. IN BOOK/REEL PAGE/IMAGE AND WHEREAS a~e undersigned, NATIONSBANC MORTGAGE CORPORATIOH OF NEW YORK (WILL EE PEPERR.ED TO AS NEMC OF NEW YORK THROUGHOUT THIS DOCUMENT), FKA KE¥CORP MORTGAGE INC. KITS^P COUNTY $7,00 CHCK FILED-BY: BE~ER~'0N CITY OF JUL 2t, ~, 8:~9 NI KAEEN FLYNN, AUDITOR CLERK: L/~WEENCE ~/ere the pre.mt hdder(s) of ~he benefic~ ~terast under s~d Deed of Trus% and do/doe~ hereby a~ PSM FINANCIAL MANAGEMENT CORP. asTrustee(s) ~ r~ceand stead ofs,,;d LAND TITLE COMPANY OF KITSAP COUNTY NOW THEREFORE ~ recordation of ~his document, ~he undersigned do/does hereby discharge the pm~emTmstee(s) and al~ooint PSM FINANCIAL MANAGEMENT CORP. as~he new Trustee(s) who ~1 ~coed to all the powers, duties, authority and ~le of the former Trustee(s). OATEOthil 7TH dayof JUNE,19 95. NBMC, A NEW YO~K~OMPAN~ ,, : ~;;~: .... VICE PRESIDENT COUNTY OF CLACKAMAS On~e ~?TH daY~' jUN[ 19 95 besom me, the undersigned, personally al~eared . ' , ',.L ,t~deof ASST. VICE PRESIDENT of WASHINGTON JAN L. FELLNER 12:05 EST 4391233 RECOR~NGREQUESTEDBY NATIONSBANC MTG CORP NY NYD WHEN RECORDED IdNL TO CO~)y r~OBERTO A BA.BOSA ~ ~ [0[ HAZELTON CT ~t GOOSE CREEK SC 29445 I SPACE ~ ~lS UNE ~R RE~RDER'S USE FULL RECONVEYANCE PSH FINANC[AL MANAGEHENT CORP. K[TSAP COUNTY $7.00 CHCK F[LED-~: BREHERTON C[TY OF KAREN FLYNN~ AUD[TOR CLERK: L~RENCE A.F.~: 93072tOO~ REEL ~ FR ~ and thereafter ralerred to a~ PSM F:[NANCIAL MANAGEMENT CORP. , aa duly appointed under Deed et Trust heralnaftar referred to, having received from holder of the obligations thereunder a written request to reconvey, reciting that all sums secured by said Deed of Trust have been fully paid, and said Deed of Trust and the note et notes secured thereby having been surrendered to said Trustee for cancallations, does hereby RECONVEY, without warranty, to the perso~ or per~o~s legally entitled thereto, the estate now held by it thereunder. Said Deed of Trust was executed by ROBERTO A BARBOSA, AN UNMARRIED PERSON Truator, and recon~ed irt the offk:~al records of KZTSAP ~unty0~/ASHINGTON aa follows: DATE APRIL 22 , 1992 ~ INb'1'R. NO. 9204220187 IN BC)OK/REEL 0643 PAGE/IM.~E 0~.55 and re-recorded: DATE , 19 ~ INSTR. NO. IN BOOK/RI=I=! P.~3E/IIdAGE Now, therefore, in acc. ca:lance with ~ request and i~'~wisions et said Deed et Trusl, PSM FINANCIAL HANAGEMi:NT CORP. aa Trustee, does hereby RECC)I~NEY, without warranty° to THE PERSON OR PERSONS LE~Y Ei~q'lTI FD THER~O, all estate now held by it thereunder in and to that proper~f in said county, State et ~/ASH! NGTON , described aa follows: AS DESCRIBED IN RECORDED DEED OF TRUST InWitne~Where~. PSM FXNANCIAL MANAGEMENT CORP. aaTrustee, haacaueeditscorporatename PSN FINANCIAL MANAGEMENT CORP. Dale OUNE 7 , 1995 BY '. VICE PRESIDENT COUNTY OF CLACKAMAS ,19 95, lae~om mi, ~hl ~, personally appeered ,tilleet ASST. VICE PRESIOENT of pertly Imown to me · ~) to be the i:~r~xt vAto~ name b ~b~.,dbed to the within imltmme~ ~d aolmowledged HER ~m~aadzeCl=l:mCl~m~llt~t~ HER ;ignatureontheinst~m~hepemo~ OFFI( lAN R. SIEVERS, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 47~-5345 · FAX (360) 478-$161 DATE: August 17, 1995 TO: Kathleen L. McCluskey, Administrative Services Director FROM: Jackie Cronk, Legal Assistant ~~ ~ RE: 4429 Barnes Street Barbosa/City of Bremerton Transaction Please find attached hereto the Title Insurance Policy issued by Land Title Company with regard to the City's purchase of the above-referenced property. Please call our office if you have any questions in this regard. · Celebrating 50 Years of Freedom · ~IAN R. $IEYER$, City Attorney 239 4th Street · Bremerton, WA 98337 · (360) 4'/8-5345 · FAX (360) 478-5161 DATE: July 25, 1995 TO: Kathleen L. McCluskey, Administrative Services Director FROM: Jackie Cronk, Legal Assistan~ RE: 4429 Barnes Street Barbosa/City of Bremerton Transaction The above-referenced real estate transaction was closed in August of last year. However, in noting that we never received title insurance to this property, I discovered a problem with a reconveyance of one of two Deeds of Trust against the property (the mortgage company mistakenly sent the original Reconveyance to the Sellers, rather than the City as they were instructed to do, and title to the property was never fully cleared for the City). I contacted the mortgage company and had them reissue a duplicate Reconveyance to the City. I am forwarding to you conformed recorded copies of a Substitution of Trustee and Full Reconveyance with regard to an underlying Deed of Trust against the above- referenced property which was held by Key Bank Mortgage, Inc., (now Nationsbanc Mortgage Corporation), which will enable Land Title to issue clear title in said property to the City of Bremerton. I should be receiving the Title Insurance Policy within the next couple weeks or so and will forward the same to you. Give me a call if you have any questions. Attachments: as cited cc/w/attachments: Paul Lucas, Administrative Analyst · Celebrating 50 Years of Freedom o June 22, 1995 Mr. Roberto A. and Angela M. Barbosa c/o Wendy and Craig Pratt 101 Hazelton Court Goose Creek, South Carolina 29445 Re: Dear Mr. and Mrs. Barbosa: Please find enclosed with this letter a reimbursement check in the amount of $70.00 regarding the above-referenced transaction. When the City of Bremerton purchased property from you in August of last year, reconveyance fees totalling $84.00 were withheld from closing proceeds to pay for two expected Deed of Trust reconveyances: 1) That Deed of Trust dated 4/1/92 held by Keycorp Mortgage, Inc.; and 2) That Deed of Trust dated 11/2/92 held by American Savings Mortgage Corporation. (See copies of Sellers' and Purchaser's Closing Statements enclosed herein for your reference.) Apparently the reconveyance fee for the deed held by American Savings Mortgage Corporation was already accounted for in the initial loan amount. With regard to the loan account with Keycorp Mortgage, Inc., (now Nationsbanc Mortgage Corporation of New York), they substituted PSM Financial Management Corporation as the Trustee for the Deed of Trust they held which Trustee prepared a Full Reconveyance to be recorded, thus the $42.00 reconveyance fee for Land Title Company, the original Trustee on the deed, was not necessary. American Savings Mortgage Corporation recorded all documents necessary to clear title to the property and reconvey the 11/2/92 Deed of Trust. Keycorp Mortgage did not record final documents necessary to clear title and mistakenly sent the original documents to you, rather than to our office as they were instructed to do. At our request, Keycorp Mortgage/Nationsbanc Mortgage prepared duplicate reconveyance documents (Substitution of Trustee and Full Reconveyance - copies enclosed herein for your information) and forwarded them to our office. We will have these documents recorded with the Auditor so that a final title policy can be issued for the transaction issuing Bremerton clear title to the property. The enclosed check for $70.00 is a reimbursement due you from amounts withheld from closing for reconveyance fees that were not necessary. The reimbursement is calculated as follows: Roberto A. and Angela M. Barbosa June 22, 1995 Page 2 $84.00 (Credit amount withheld from closing proceeds for two reconveyance fees which were not necessary - $42.00@) -14.00 (Less Kitsap County Auditor's recording fee to record "Substitution of Trustee" and "Full Reconveyance" issued by Nationsbanc Mortgage Corporation of New York to clear title to property) $70.00 Total Reimbursement Amount I am sorry for all this confusion. Had Keycorp Mortgage/Nationsbanc Mortgage forwarded the final reconveyance documents to our office as instructed, this transaction would have been finalized long ago. Should you have any questions or concerns in this regard, please do not hesitate to call our office. Sincerely, R. cRoNK Leg~].3Assistant to Ian R. Sievers Enclosures: as cited cc\w\enc: Kathleen McCluskey, Administrative Services Director/ Paul Lucas, Department of Public Works & Utilities LEGAL DEPARTMENT lan R. Sievers. City Attorney Civil Attorneys James J. McNamara Leila Mills Prosecuting Attorney T. David Apodaca Ga~et~y to the Olympics and Home of t~e Puge~ Sound Nca;al ShtPyard DATE: October 26, 1994 TO: Kathleen McCluskey, Administrative Services Director FROM: Jackie Cronk, Legal Assistant( ~_ ~.o.~c.)(_.d_~ ~_e.~ RE: 4429 Barnes Street Barbosa/City of Bremerton Transaction Please find attached a Full Reconveyance issued by Charter Title Corporation with regard to the above-referenced transaction, for your information and file. Give me a call if you have any questions. 239 4Ttl STREET · BREMEI,~TON, WA 98337 · (20~) 478-53~5 · FAX (206) 478-5161 LEGAL DEPARTMENT lan R. Sievers - City Attorney Civil Attorneys James J. McNamara Leila Mills Prosecuting Attorney T. David Apodaca DATE: August 29, 1994 TO: Kathleen McCluskey, Administrative Services Director FROM: Jackie Cronk, Legal Assistant .~2.-c,- c ~_~ RE: 4429 Barnes Street Barbosa/City of Bremerton Transaction The above-referenced real estate transaction has now been closed. I have attached hereto the following for your information and file: 1. Statutory Warranty Deed between Roberto A. Barbosa and Angela M. Barbosa, husband and wife, as Sellers, and City of Bremerton, as Purchaser, together with corresponding 1% Excise Tax Affidavit; 2. Sellers' Closing Statement; and 3. Purchaser's Closing Statement. Mr. Barbosa had two underlying mortgages on the property, one held by Keycorp Mortgage, Inc., and the other held by American Savings Mortgage Corporation. The mortgages were both paid off on August 10, 1994 (see copies of letters to Keycorp Mortgage, Inc., and American Savings Mortgage Corporation attached hereto for your information). I will be sure to send you copies of the Requests for Reconveyance when I receive them from the mortgage companies, as well as copies of the Full Reconveyances after they have been prepared and recorded by the necessary title companies (Land Title - Trustee for Keycorp Mortgage, Inc., Deed of Trust/Charter Title, Trustee for American Savings Mortgage Corporation Deed of Trus0. I am holding two checks, each in the amount of $42.00, for payment of the re, conveyance fees to Land Title and Charter Title. Please let me know if you have any questions in this regard. 239 4TH STREET · BREMERTON, WA 98337 · (206) 478-5345 · FAX (206) 478-5161 LEGAL DEPARTMENT -- 1994 T. Da~ Keycorp Mortgage, Inc. 10888 S.E. Main Street Milwaukie, Oregon 97222 ATTENTION: Payoff Department Re: Roberto A. Barbosa, Mortgagor 4429 Barnes Street Bremerton, WA. 98312 Loan No. 439123-3 Case No. LH406533 Loan Type - VA Dear Sir or Madam: The City of Bremerton has purchased the above-referenced property from Roberto A. Barbosa. I have enclosed a Check herein for the amount of $61,254.93, which is the payoff balance for Loan No. 439123-3 as of August 10, 1994 (closing date for the transaction between Barbosa and the City of Bremerton), pursuant to that Payoff Statement dated July 21, 1994, received from Keycorp Mortgage, Inc. I have enclosed a copy of said Payoff Statement herein for your reference. Please apply the enclosed check to the loan on the 10th day of August and return to our office the original Deed of Trust (dated April 1, 1992) and signed Request for Reconveyance, between Roberto A. Barbosa, as Grantor, and Spectrum Financial Corporation, a Washington corporation, as Beneficiary (which Beneficiary,s interest was assigned to Keycorp Mortgage, Inc., by Assignment of Deed of Trust dated April 24, 1992). I have enclosed a copy of said Deed of Trust and Assignment of Deed of Trust herein for your reference. Please do not hesitate to call our office should you have any questions in this regard. Thank you for your assistance. Sincerely, Legal Assistant Enolosures: as cited ~ NO. 17741 A C: C 0 U N T F'. 0. I N V El I C E A ~,i 0 U N T [:* E E: C R: Z F' l Z 0 I4 ~4.3535 5611~ BARBEmSA ~.~__,<'=~4% .'~:~-- KE'fCORP MORTGAGE INC CITY OF BREMERTON ~__~-~EA~, ~ C'~EO,, NO. i 7 7 4 1 CASC'BREMERTON BRANCH GENERAL ACCOU~ P.O. BOX 279 239 4TH ST (2~) 478-5210 BREMERTON. WA ~10 i 7 7~ 1 ~, BREMERTON. WA 9~10 ~ DATE AY THE Si_lift OF ~:~:~:~:6,1,254.9:3DOLLAFS ~:~:~:e, 1,254.9:3~:~: AMOUNT KEYCORP MORTGAGE INC 3~E 10888 SE PLAIN STREET RDER F MILWAUKIE OR 97222 . _ · 'm' i, ? ? k ~, r=,.' m: & ;~ 50000 ~[.m-' IMPORTANT INFORF~TION PT.F. ASE COMPLETE AND RETURN THIS FORM, AND THE PAYOFF CHECK, TO KEYCORP MORTGAGE INC. FAILURE TO RETURN THIS INFORMATION F~AY CAUSE DELAYS IN RECEIVING DOCIR4ENTS. MAIL SATISFACTION/RECO~;EYANCE TO: City of Bremerton Legal Department ADDRESS 239 Fourth Street CITY Bremer tor~ STATE %Ia sh~nF.t on ZIP 98377 BARBOSA TRANSACTION REFERENCE NI/MBER Mail Escrow Refund to: Name Mr. Roherto A. Earbosa c/o ~endy and Craig Pratt Address 101 ~{azelton Court City Goose Creek, ~-w~K~-w~r%h~i_&~ State South Carolina zip 29445 Seller's Correct Forwarding Address Name Mr. Roherto A. Barbosa c/o ~en~y an~ ~ralg ~rat~ Address 101Mazelton Court City Goose Creek, State South Carolina Zip 29445 (KMI mortgager address if different f~om property address) 4~9123-~ XP423/KSA August 8, 1994 SENT VIA "UPS NEXT DAY AIR" American Savings Mortgage Corporation P. O. Box 2600 Lake Jackson, Texas 77566 ATTENTION: Loan Servicing/Payoff Department Re: Roberto A. Barbosa, Mortgagor 4429 Barnes Street Bremerton, WA. 98312 Loan No. 54-00032527 Dear Sir or Madam: The City of Bremerton has purchased the above-referenced property from Roberto A. Barbosa. I have enclosed a Check herein for the amount of $11,137.76, which is the payoff balance for Loan No. 54- 00032527 as of August 10, 1994 (closing date for the transaction between Barbosa and the City of Bremerton), pursuant to that telephone conversation that I had with Anna in your loan servicing department on July 21, 1994 (see copy of July 21, 1994 memorandu~ to file enclosed for your information). Please apply the enclosed check to the loan on the 10th day of August and return to our office the original Deed of Trust (dated November 2, 1992) and signed Request for Reconveyance, between Roberto A. Barbosa,as Grantor, and Banks National, as Beneficiary (which Beneficlary,s interest was assigned to Pacific Southwest Bank, F.S.B., by Assignment of Lien dated.November 2, 1992). I have enclosed a copy of said Deed of Trust and Assignment of Lien herein for your reference. Please note that the Escrow Refund for this loan, if any, should be mailed to Roberto A. Barbosa at the following address: c/o Wendy and Craig Pratt 101 Hazelton Court Goose Creek, South Carolina 29445 Telephone/Message No. (803) 824-9529 23')4TilSTREL-I' · i{REkl£RT(').'q.¥%'A~.~.%.%7 S ~[k,)4,'~.5.'%47, S FAX~06i4,"f.-SI(~I American Sav~ngs Mortgage Corporation August 8, 1994 Page 2 Please do not hesitate to call our office should you have any questions ~n this regard. Thank you for your assistance. Sincerely, Enclosures: as cited cc: Mr. and Mrs. Roberto A. Barbosa LEGAL DEPARTMENT DATE: luly 21, 1994 TO: Barbosa/City of Bremerton Transaction File FROM: lackie R. Cronk, Legal Assistant RE: Roberto A. and Angela M. Barbosa - City of Bremerton Transaction Purchase by City of 4429 Barnes Street, Bremerton, Wa. I called American Savings Mortgage Corporation today, with regaxd to the above-referenced transaction, and spoke with Anna in their loan servicing department. I informed Anna that I was calling with regard to Loan No. 54-00032527 and requested a Payoff figure for the balance oK'ing on said loan as of August 10th. Anna informed me that the amount oK'ing, in full, on the loan as of 8/10/94 would be $11,137.76 and that the per diem interest rate on the loan is at 4.579 in case the transaction might close after the 10th. Anna advised that payment be sent to: Amerlcan Savings Mortgage Corporation, P. O. Box 2600, Lake Jackson, Texas 77566 to the attention of the "Loan Ser~qcing Department'. I informed Anna that the City of Bremerton was intending to purchase the property from Mr. Barbosa and requested a K~tten payoff statement. Anna informed me that a wrinen payoff statement could only be sent out to the owner of the property, or, alternatively, the City could obtain a written statement ifa $20.00 check (for the request fee) was sent to them in advance. Because of the time constraints involved in this transaction, I elected not to obtain a Kxitten payoff statement and advised Anna that I would document our conversation and go with her telephone quote for my payoff amount. 2304TIt.gTREET · UREMERTON, WAg,g310 · (206)478-$i~4S · FAX ~06) 478-5161 ~Or.RE~,E.TO.,GE.E,A,.ACCOU~ C.EO'~.O. 17736 B4. 3535 SE, 1 i 0 BP:RBOSA ! !, 13'7.76. AhiERICAN SAVINGS I~iORTGAGE L-:ORF' CITY OF BREMERTON ~_~Z~t/~'~ CASCSREMERTON BRANCH GENERAl. ACCOUNT P.O BOX 279 239 4TH ST (206) 478-5210 BRE~. ERTON. WA gS310 BREMERTON, WA 98310 177369 'AY THE SLIh-1 OF *'**'*11,I37.?6Di*LLAFS; AMOUNT ;)THE AMERICAN SAVINGS NORTGAGE CORF' RDER F F'O BOX 26~}0 LAKE JACKSON TX 77566