HomeMy WebLinkAbout200012260067 RYAN SELLS UPT£GRAFT 0££D $18.88 Kits~p Co, WA
FILED FOR P. ECOP, D AT I~EQUEST OF:
DAVID A. WEIBEL
Ryan Sells Uptegraft, Inc. P.S.
9657 Levin Road NW, Suite 240
Silverdale, WA 98383
The GRANTOR, DAVID A. WEIBEL, as present Trustee under that
Deed of Trust, as hereinafter particularly described, in
consideration of the premises and payment recited below, hereby
grants and conveys, without warranty, to THE CITY OF BREMERTON
(beneficiary) GRANTEE, that real property, situated in the County
of KITSAP, State of Washington, described as follows:
THE NORTH HALF OF LOT 4 AND ALL OF LOT 5, BLOCK 9, OLE
HANSON'S NAVY YARD ADDITION, ACCORDING TO THE PLAT
RECORDED IN VOLUME 4 OF PLATS, PAGE(S) 56, RECORDS OF
KITSAP COUNTY, WASHINGTON
Tax Parcel No.: 4546-009-004-0000
(coramonly known as 1319 Cottman, Bremerton, Washington)
RECITALS: E~OISE#~77~$_~- OEC ~6 [000
BY KiTSAP COUNTY,~
1. This conveyance is made pursuant to the powers,
including the power of sale, conferred upon said Trustee by that
certain Deed of Trust between DEAN FLOYD HARROP, a single man, as
Grantor, to CHARTER TITLE CORPORATION, as Trustee, and THE CITY OF
BREMERTON, as Beneficiary, dated July 14, 1998, recorded July 20,
1998, under Auditor's File No. 3104412, records of Kitsap County,
Washington.
2. Said Deed of Trust was executed to secure, together
with other undertakings, the payment of one promissory note in
the sum of $54,500.00 with interest thereon, according to the
terms thereof, in favor of THE CITY OF BREMERTON and to secure any
other sums of money which might become due and payable under the
terms of said Deed of Trust.
3. The described Deed of Trust provides that the real
property conveyed therein is not used principally for agricultural
or farming purposes.
TRUSTEE'S DEED - 1 12/8/00
3:06 PM
4. Default having occurred in the obligations secured
and/or covenants of the Grantor, as set forth in Notice of
Trustee's Sale described below, which by the terms of the Deed of
Trust make operative the power to sell, the thirty-day advance
Notice of Default was transmitted to the Grantor, or his successor
in interest, and a copy of said Notice was posted or served in
accordance with law.
5. THE CITY OF BREMERTON, being then the holder of the
indebtedness secured by said Deed of Trust, delivered to said
Trustee a written request directing said Trustee or his authorized
agent to sell the described property in accordance with law and
the terms of said Deed of Trust.
6. The defaults specified in the "Notice of Default" not
having been cured, the Trustee, in compliance with the terms of
said Deed of Trust, executed and on August 29, 2000, recorded in
the office of the Auditor of Kitsap County, Washington, a "Notice
of Trustee's Sale" of said property as Auditor's File
No.200008290119.
7. The Trustee, in its aforesaid "Notice of Trustee's
Sale," fixed the place of sale as 1st Floor Kitsap County
Courthouse by County Council Chambers, 614 Division, in the City
of Port Orchard, State of Washington, a public place, at 9:00
o'clock a.m., and in accordance with law caused copies of the
statutory "Notice of Trustee's Sale" to be transmitted by mail to
all persons entitled thereto and either posted or served prior to
90 days before the sale; further, the Trustee caused a copy of
said "Notice of Trustee's Sale" to be published once between the
thirty-fifth and twenty-eighth day before the date of sale, and
once between the fourteenth and seventh day before the date of
sale, and further, included with this Notice, which was
transmitted to or served upon the Grantor or his successor in
interest, a "Notice of Foreclosure" in substantially the statutory
form.
8. During foreclosure no action was pending on an
obligation secured by said Deed of Trust.
9. All legal requirements and all provisions of said Deed
of Trust have been complied with, as to acts to be performed and
notices to be given, as provided in Chapter 61.24 RCW.
10. The defaults specified in the "Notice of Trustee's
Sale" not having been cured eleven days prior to the date of
Trustee's Sale and said obligation secured by said Deed of Trust
remaining unpaid, on December 8, 2000, the date of sale, which was
TROSTEE'S ~EEP - 2 12/8/00
RYR~ SELLS UPTEORRFT DEED $15 80 Kits~ Co, HR
not less than 190 days from the date of default in the obligation
secured, the Trustee then and there sold at public auction to said
Grantee, the highest bidder therefor, the property hereinabove
described, for the sum of $71,697.74, by the satisfaction in full
of the obligation then secured by said Deed of Trust, together
with all fees, costs and expenses as provided by statute.
DATED this 8th day of December, 2000~~ ,0
DAVID A.~WEIBEL, Trustee
STATE OF WASHINGTON )
) SS.
County of KITSAP )
On this day personally appeared before me DAVID A. WEIBEL, to
me known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that he signed
the same as his free and voluntary act and deed, for the uses and
purposes therein mentioned.
under my hand and official seal this /~ day of
, 2000.
~ (~.~ ~ NOTARY~UBLIC in and for the
f~~.~% State of Washi~ton
Residing at ~~ . ,
~ ~ ~; ~-.~a~'~ %~ Zo ~ My co~ission~ expires: ~//~/~
= --% '~._~0 ~ ~ = Print Name:~~/,'~;
TRUSTEE'S DEED - 3 12/8/00
?07 %0067 :06 pM
RYAN SELLS UPTEGRRFTDEED $18 80 Kitsap Co, Nfl
PI.I!ASI! '1 YPI! OR PRINT REAL ESTATE EXCISE TAX AFFIDAVIT ~ his titan I:~ xom Icccipt
(Usc Fo~m No 84-001 B Ib~ Repmlmg Dansl~s ol'Conlro]llng Intcrest of Enlily O~nc~ship Io ~he Dep~ment ol Rexenue[
s~o~ P657 Levin Road NW~ Suite 240 ~ ~o~_~ 4th Street
ci~s~zip Silverdale~ WA 98383 ~ -~c.~sm~XipBremerton. WA 98337
Name Tii~ CllY OF BREiqE~I~h 4546-009-004-0000
Street ~39 4~h Street
cit>/stat~Zip Bremerton} WA 98337
THE ~4URJH HALF OF LO1 4 AND ALL Of LO1 5, BLOCK 9, OLE HAt{SON'S RAVY YARD A[JbiTiON,
~CCORDING TO THE PLAJ RECORDE[: Ifq ~'ULUhE 4 OF PLATS, PAGE(S) 56, RECORDS OF
COUaJY, ~ASHINGTON.
I Is this Yl-;s NO [] Description of tangible persona] il' included itl sale
property
currently:
properly
(furniture. appliances, etc )
Classified or designated as lbrcst land? ~
Chapter 84.33 RCW
Classified as cu~ent use land (open space, l~n ~ ~ ~/~
and agricultma], or t nbcr Chap cr 84 34 RC~
Exempt fiOlll prope~5 tax as a nonprofit ~ ~ If exemption claimed, list WAC number and cxpltlnatioll
organization? Chaptc~ 84 36 RCW WAC No (Sec/Sub) ~58-61-~0
Seller's Excmpt Reg No
RcccMng special valuation as hislolic ~ ;~ lxphmation JrllS tee ~ S Deed
propcny? Chapic~ 84.26 RCW ltOll-]udi C i ~ l force} osure
Pr.petty Type: ~ lm~d onl~ ~ lm~d with ne~x building
~ hind ~ith previously used braiding ~ hind ~ith mobile bnlnc lype of Document Trus tee ' $
~ timber onl3 ~ building onh Date of I)ocmnem lZ/~Z9~9
Principal IJ~e: ~ Apt (,1+ Hnit) ~ ~esidential
timber ~ agricultural ~ conmle~[iM/indusldal Gross Sale Price $
othe~ Personal Propcrtx (deduct) $
~{i~N()I'IC] OI:C()NIINIJANCI'Sd<CW8433()Ie Rt'Xk 81
Sale
Price
Iocal $
ofsMc ll~ecotmtx assessor nmstdetermincifthelal~dlrnn'4Ik~,d lotall)uc $2.;.J0
Ifthcnc~owner(s)ofpropert~ithspccial~ahmtion~sh~stoHcpropen~ Name(print) DAVID A. WEIBEL, lrust<~
~ish to continue flus special valuation O~e nc~x o~ne~s) nmst sign ~1o~ Date and i'lacc of Signing -,
additional mx calculated pursuant to Chapter ~.26 RCW shall ~ due Signatm~c of THE C I T~ 0F
(3) OWNER{S) SIG~ATURE Name(print) LY~4~ S. HORTON}
Date & Place of Signing ~
than five xcars, or by a fine m an amount fixed bx thc court of nol more thtm five thoumnd dollars ($5 00~).00). or b5 both imprisonment and
fine (RCW 9A20 0~? {lC))
REV 84 0001 a (6-05-98) (PD 6-24-98) FOR T~ASU~R' S USE O~Y TAXPAYER
LAW OFFICES OF
RYAN SELLS UPTEGRAFT, INC. P.S.
9657 Levin Rd. N.W., Suite 240
Silverdale, Washington 98383
JAMES E. RYAN (360) 307-8860 Fax: (360) 307-8865 ANNE M. MONTGOMERY
JAMES K. SELLS DAVID A. WEIBEL
DARRELL D. UPTEGRAFT, JR. DAVID P. HORTON
GORDON L. WALGREN
Of Counsel
January 4, 2001
City of Bremerton . . .~ ~ _ ·
Office of the City Attorney '
239 Fourth Street, 2nd Floor
Bremerton, WA 98337 ~ -- 8 '
Attention: Nina Neimoyer i~ ..~. "l1 .i
City of Bremerton/Harrop Foreclosure "-La.
Re:
Dear MS. Neimoyer:
On Dece~Der 8, 2000, our office conducted a Trustee Sale with respect to the
above referenced property. As no other bidders appeared at the sale, the City
was the successful bidder and, pursuant to the Note and Deed of Trust acquired
ownership of the property in satisfaction of Mr. Harrop's obligations owed to
the City. Enclosed please find the original Trustee's Deed along with a copy
of the Real Estate Excise Tax Affidavit for this conveyance.
In addition, I have enclosed some other documents for your records. First, I
am returning to you the original Note and Deed of Trust executed by Mr. Harrop
to the City of Bremerton. Also, I received in the mail keys to the subject
property, presumably from Mr. Harrop. Finally, the City should now contact ~
Land Title Company for an Owner's Policy, which it will now issue to the City
as the foreclosure action has been completed.
I am assuming at this time, that the property has been abandoned and is not
occupied. If there are occupants of the property, as 20 days has passed since
the Trustee Sale date, the City may now commence an unlawful detainer action to
obtain a writ of restitution to remove those occupants.
If you have any questions regarding the foregoing, do not hesitate to call.
Again, it has been a pleasure representing the City of Bremerton in this
action. If I can be of any future assistance, please do not hesitate to call.
Very truly yours,
RY~INC. P.S.
DAVI~.'WEIBEL
DAW:mca
encls.-as cited
LAW OFFICES OF
RY 4N $ £LS UPTEGRAFT, INC. P.S.
9657 Levin Rd. N.W., Suite 240
Silverdale, Washington 98383
JAMES E. RYAN (360) 307-8860 Fax: (360) 307-8865 ANNE M. MONTGOMERY
JAMES K. SELLS DAVID A. WEIBEL
DARRELL D. UPTEGRAFT, JR. DAVID P. HORTON
GORDON L. WALGREN
of Counsel
December 12, 2000
HAND DELIVERED
City of Bremerton
Office of the City Attorney
239 Fourth Street, 2nd Floor
Bremerton, WA 98337
Attention: Nina Neimoyer
Re: City of Bremerton/Harrop Foreclosure
Dear Ms. Neimoyer:
Enclosed for review and signature by Mayor Lynn S. Horton, please
find the original Real Estate Excise Tax Affidavit. Also enclosed
is a copy of the Trustee's Deed which the excise tax affidavit
will accompany upon recording. If the enclosed are found to be in
order, kindly submit to Mayor Horton for signature. Then please
return the original executed excise tax affidavit to our offices.
If you would like, arrangements can be made for our messenger to
pick it up. Please call our office and let me know how you would
like to handle return of the original to us. If there are any
questions or concerns regarding the enclosed, please call.
Very truly yours,
RYAN SELLS UPTEGRAFT, INC. P.S.
Legal Assistant to
DAVID A. WEIBEL
encls.-as cited
9657 Levin Rd. N.W., Suite 240
" Silverdale, Washington 98383
JAMES E. RYAN (360) 307-8860 Fax: (360) 307-8865 ANNE M. MONTGOMERY
JAMES K, SELLS : . . DAVID A~ WEIBEL
GORDON L. WALGREN Of Counsel
November 29, 2000
City of Bremerton
Of£ice of the City Attorney
239 Fourth Street, 2nd Floor
Bremerton, WA 98337
Attention: Nina Neimoyer
Re: City of Bremerton/Harrop Foreclosure
Dear Ms. Neimoyer:
Pursuant to our telephone conversation this date, it is our
understanding the enclosed original Written Bid On Trustee's Sale
On The Dean Floyd Harrop Property meets with the City's approval.
Accordingly, please present the enclosed Bid to Mayor Lynn S.
Horton for signature. Once signed, the original Bid needs to be
returned to our offices. If you let us know when the document is
ready, we can arrange for our messenger to pick it up. Please
call our office and let me know how you would like to handle
return of the original to us. We look forward~m
you.
Very truly yours,
RYAN SELLS UPTEGRAFT, INC. P.S.
~le. ss~, Legal Assistant to
encl.-as cited
LAW OFFICES OF
0~57 I_e¥in Rd. N.W., Suito 240
$ilverdal~, Washington 08:383
,JAMES E. ~YAN {$~0) 307-88~0 Fax: {3~0} 307-856§ ANNE HANSON MON'I'GOMEBY
JAMES K. SELLS DAVID A. WEIBEL
DARRELL D. UPTEGRAFT, JR. DAVID P. HORTON
GORDON L. WALGREN , '
Of Counsel
August 9, 2000
Ms. Glenna Malanca
City Attorney
City of Bremerton
239 Fourth Street
Bremerton, WA 98337
Re: Dean Harrop Foreclosure
Dear Ms. Malanca:
I have had no response from Mr. Harrop to my letter of June 27.
On July 18, July 19 and July 24, messages were left on his
answering machine requesting that he call. To date, he has not
responded. Please advise what further action you wish me uo
take.
Very truly yours,
RY~PTEGP~AFT, INC. P.S.
DAVTI~ A. WEIBEL
CS \