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Hard File Scanned City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 January 20, 1999 Patty & Jim Forrester PO Box 524 Yelm, WA 98597 Dear Patty & Jim I have completed researching the effects of the changes to your property during the time in which John Huddleston had legal ownership There are two issues the change of property lines from the Boundary Line Adjustment (BLA) and the commitment of the property to the Sewer Project Local Improvement District (LID) Converting the-property lines back to their original configuration is relatively simple You and the Browns will need to complete a BLA application packet, which includes survey information and a legal description Upon receipt of the application packet and fee, the City would review the BLA for compliance with City code A BLA would return the lines to their original positions and create a legal description consistent with the original boundaries I have consulted with Eddie True, the surveyor who did the boundary line adjustment while the property was under John Huddleston's ownership Because he has the majority of information already on his computer, he estimates his fee to prepare a new BLA to be no more than $300 00 However, you may hire any surveyor of your choice Other fees would include a plat certificate for each property owner, Forrester's and Brown's, issued by a Title Company You would need to contact a Title Company for an estimate on the cost of a plat certificate The City BLA review fee is $100 00 If you would like to proceed with a Boundary Line Adjustment please contact a surveyor to prepare the map and application packet. The second issue is the commitment to participate in the LID The city attorney, Sandy Mackie, reviewed all the information you supplied regarding the sale of the property to John Huddleston and the transfer of the property back to you Mr Mackie has determined that the commitment to participate in the LID runs with the property not the property owner Therefore, upon return of your property from John Huddleston, the property was legally committed to participate In the LID Patty & Jim Forrester January 26, 1999 Page 2 You are welcome to consult with your attorney on this matter, however the City must proceed under the premise that the property is legally bound to participate in the LID If I can be of further assistance please or you have any questions please feel free to contact me at 458-8408 Sincerely, ~rlf~ Catherine Carlson City Planner cc: Shelly Badger City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 January 20, 1999 Kathy and Bill Brown 17025 Canal Road SE Yelm, WA 98597-9668 Dear Kathy and Bill I have completed researching the effects of the changes to your property during the time in which John Huddleston had legal ownership There are two issues the change of property lines from the Boundary Line Adjustment (BLA) and the commitment of the property to the Sewer Project Local Improvement District (LID) Converting the property lines back to their original configuration is relatively simple You and the Forrester's will need to complete a BLA application packet, which includes survey information and a legal description Upon receipt of the application packet and fee, the City would review the BLA for compliance with City code A BLA would return the lines to their original positions and create a legal description consistent with the original boundaries I have consulted with Eddie True, the surveyor who did the boundary line adjustment while the property was under John Huddleston's ownership Because he has the majority of information already on his computer, he estimates his fee to prepare a new BLA to be no more than $300 00 However, you may hire any surveyor of your choice Other fees would include a plat certificate for each property owner, Forrester's and Brown's, issued by a Title Company You would need to contact a Title Company for an estimate on the cost of a plat certificate The City BLA review fee is $100 00 If you would like to proceed with a Boundary Line Adjustment please contact a surveyor to prepare the map and application packet. The second issue is the commitment to participate in the LID The city attorney, Sandy Mackie, reviewed all the information you supplied regarding the sale of the property to John Huddleston and the transfer of the property back to you Mr Mackie has determined that the commitment to participate in the LID runs with the property not the property owner Therefore, upon return of your property from John Huddleston, the property was legally committed to participate in the LID ~ Kathy & Bill Brown January 26, 1999 Page 2 You are welcome to consult with your attorney on this matter, however the City must proceed under the premise that the property is legally bound to participate in the LID If I can be of further assistance please or you have any questions please feel free to contact me at 458-8408 SinCerelY,.. ;1 () ~~ Lft{ilL- Catherine Carlson City Planner cc: Shelly Badger /' R.al Estat. E'Ci~.id ~t;:a; ReceIpt no. ala Date Robin L Hunt, T~ Treas.. Bv Deputy FILED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: JERRY D. MITCHELL 2938 LIMITED LANE NW STE. B OLYMPIA, WA 98502 360-352-1600 ------------------------------------------------------------- STATUTORY WARRANTY DEED 1M LIEU OF JUDICIAL FORECLOSURE THE GRANTOR, JCH Development, for the consideration stated below, conveys and warrants to WILLIAM J. BROWN and KATHRYN J. BROWN, husband and wife, as GRANTEES, the following described real estate together with all fixtures and personal property secured by the Deed of Trust, situated in Thurston County, Washington: PARCELS A & C OF BOUNDARY LINE ADJUSTMENT NO. BLA-0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 8712160045. Assessor'sParcel Numbers 21725120000 21725111000 This instrument is an absolute conveyance of title in effect as well as in form. It is not intended as a mortgage or a conveyance in trust and it is not given as security for any obligation whatsoever. This instrument is executed and delivered in consideration of GRANTEES waiving his right to a deficiency judgment against the GRANTOR in connection with GRANTOR'S indebtedness to GRANTEES evidenced by that certain promissory note secured by the Deed of Trust executed by GRANTOR on May 30, 1995, in favor of GRANTEES, as beneficiary, recorded on June 1, 1995, in the records of Thurston County, washington, under Auditor's File No. Vol 2411, page 691. ) IIIIIJII III 111111 111111 fiBt utI nzrcHill f t1ITCHE D $11 ~ o ...,. I ~ C'\.J LO C-.J co en , 1 co... , \4..1 c.n 3178647 P<lge 1 of 4 83/15/1888 88 BBR Thurston Co, IJA Dated this IO~day of September, 1998. ~C)~ ~~ N D. HUD~TON, as Managing of JCH Development Partner ESTOPPEL AND SOLVENCY AFFIDAVIT STATE OF WASHINGTON) : S8. County of Thurston ) The undersigned, being first duly sworn on oath deposes and says: 1. That contemporaneously herewith the undersigned, has executed a Statutory Warranty Deed (In Lieu of Judicial Foreclosure) ("Deed") conveying to WILLIAM ,J. BROWN and KATHRYN J. BROWN, the following described real estate, together with all fixture and personal property secured by the Deed of Trust situated in Thurston County, WA: PARCELS A & C OF BOUNDARY LINE ADJUSTMENT NO. BLA-0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 8712160045. 2. That the Deed is an absolute conveyance to the original and present holder of the beneficial interest under that certain Deed of Trust encurrbering the Property executed by JCH DEVELOPMENT on May 30, 1995 and recorded on Auditor's Vol No. 2411, Page 691, records of Thurston County, and the promissory note secured thereby, for the consideration state in the deed, and for no other consideration whatsoever; 3. Tha~ JCH DEVELOPMENT executed the Deed as its free and voluntary act; that at the time of execution of the Deed JCH DEVELOPMENT was not acting under any duress, undue influence, misapprehens~on or misrepresentation exerted, created or made by the Grantee or by any agent, attorney or other representative of the Grantee, and that is JCH DEVELOPMENT'S intention to transfer and convey to the Grantees all interest in the Property; 4. That the Deed is not a preference as to any other creditor of mine; that JCH DEVELOPMENT is solvent and have no other 111111111111111111111 ABC LMI MITCHELL t MITCHE 0 $11 00 3178647 P C1ge 2 of 4 89/15/1998 ~8 BaA Thurston Co, ~ creditors whose rights would be prejudiced by the giving of the Deed and the acceptance thereof by the Grantees; 5. That there are no persons, firms or corporations other than the undersigned hav~ng or claiming any interest in the property, direct or indirect; 6. There are no liens or encumbrances on the Property. 7. That except for the Deed of Trust described above, JCH DEVELOPMENT is not obligated under the terms of any bond, mortgage, deed of trust, or other written or undertaking whereby a lien has been created or exists against the property; 8. That JCH DEVELOPMENT has not permitted or caused any unrepaired damage to the Property nor to the improvements thereon; 9. That JCH DEVELOPMENT has made full, correct and truthful disclosure to WILLIAM J. BROWN and KATHRYN J. BROWN all facts and information known to concerning the subject matter of this Affidavlt; 10. That JCH DEVELOPMENT waives and releases any and all statutory, common law or other liens available to it against the property due to or based upon labor supplied, materials furnished, services rendered, or any other act performed by it with respect to the Property; 11. That JCH DEVELOPMENT releases WILLI&~ J. BROWN and KATHRYN J. BROWN from claims, cause of actions and liabilities of any kind whatsoever, known or unknown which JCH DEVELOPMENT has or may have based upon or related in any way to the Note and Deed of Trust; 12. That JCH DEVELOp~rnNT makes this affidavit to induce WILLIAM J. BROWN and KATHRYN J. BROWN to accept its Deed with the intention that the Grantees may rely on this affidavit in so doing, and this affidavit shall inure to the benefit and may also be relied upon by the successors and assigns of the Grantees as well. IN WITNESS WHEREOF, the first party above named has executed this instrument; if the first party is a corporation, it has caused its corporate named to be signed hereto and it corporate seal affixed by its officers duly authorized thereunto by order of its Board of Directors. 11111I11111111I111I11 Aec ~MJ MJTCHELL t MITCHf 0 $11 00 3178647 Pa<je 3 of 4 69/15/1998 B8 S8A Thurston Co, W1 Dated this \~~ day of September, 1998. ~~~~~g Partner of JCH DEVELOPMENT STATE OF Washington ss. County of Thurston ) On this /~~day of September, 1998, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN D HUDDLESTON, as managing partner of JCH DEVELOPMENT, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned, and that he has authority as managing partner of JCH DEVELOPMENT to execute the same. witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC State of Washington TRAcY LOIACONO MITCHELL ~ r-........ t._ illJJJJlJ ,llJillllll J] JJ 3178647 P ilge 4 of 4 99/15/1998 sa S8A Thurstorl COI ~A v () 0699 ooo.~~~4 REAL ESTATE EXCISE TAX AFFIDAVIT CHAPTeR 82.45 RCW CHAPTER 45&-61 WAC foe Vse at County TlUIu",r'. OffICe (V", Form No. 84.00018 i" Reporti.. TI~nok.. 0{ Control"nc I'*n,,' ot'tnlily Owncl'lhip 10 Ihe Dcpo"'Il,nl of Re>C"IACI TillS AFHlMVIT WILL Nar lit: ACCIiI'rt:O UNLESS AI_L AIlKAS 1-1 AIlK .'VLLV COMl'l,hTEIl .1,n'I't:OIlI'IlIN'f .;Ii SEE IU;n.KSE l'his. form is your rcu:ipt wheo .ltlaJUpcd by cashier. '. II ~g ...lZ d~ "'" II tll:! ~~ =~ " I ,1 I 98597. Ii . ~~~~~~~~~~~~p1 I ...."......,'...:...:oo..oc,.oo.. ...... . I .:. ~.; :,;';,::>;,;:::,;,:,:.; ;'::: ::.;': ':;:: :::;:;~:;::::;:; '.......:.,;;.;::::.::-:.:... ~ ...!.i.., ",.': ......::. :<.::::"",>:-:,:.-.:-:':',:.-.;:, I :;:::>..:::::,::;y;-;:::..... :::.:: ..... ."'.".",:.:'.':.':",,:::,... I I \ I Na,"e lllLL.lA}{ J-:ANIL-Kll.liR'lN J. BROWN (I 17025 C.NAL RD, SE Name. Y - I "1.---- J FBi. II' ~'iliG ~...--a, JCH DEVELOPMENT P. O. BOX 1206 Street SI=' CilyIState/Z;pIELH. WA. 98597 ADDRESS TO SEND ALL PROPEllTY TAX RI!l.ATED CO!lRESPONDENCI! CitylStalelZip Y E L H . W A. . ALL TAX PARCEL NUMBERS N;omc W 1~/kM J ~,KAnlftlM J 81Z0v.m Slree\ J12..f.-? C 1\ fJAl-- e f) S~ Cily/StldciZip yaM I W A q~Gq1 II LEGAL DESCRIPTION OF PROPI}~TUA~~1jJJ.suB~~l.1R!ORATEO'I:JWR!:Tml COUNTY Q .n.l -- .. Slree' "ddre.> \If,'fUJlerty i. iOl~"o'",I): E. YII.M, WA. 985?7 ..il __ ~~ IdL(')('0 -;1-1-P...SIIIOOO o OR IN CITY OF YRT Jlf , . \ PARCEL'S A & C OF BOUNDARY LINE ADJVSTHEHT NQ.,BLA - 0526 ACCORDING TO BOUNDARl LINE ADJUSTMBNT IN VOLUME 6 AT PAGES 231 to J36 A'D RECOIDED UNDER T~URSXON COURTY AUDITOR'S fILl RO. 87121~Qf451 I ' SITUATION IN TH! COUNTY OP THURSTON. STATE OF WASHINGTON. I' ~ -,' YES NO II Ik'SCriptio" of "'''l:lb'~ per.onal I'fCll""'ly IIlndurkd I.. .ulc (f"rnilu,.." Is lhis propeny currenlly ~ 0 gc llpptlllncc., clc.) , Classified Of Ocsignatcd Di fotest land? rhap'cr 84.33 RCW AUDIT W-/' Classified as curren! use land (open space. farm 0 n assign to and agricultural, Uf Itnib.;r)'! Chaptcr 84.34 RCW \l.HifS ~ lixempl fmm p<operty lax as a IlOllprotil 0 fi If ellemPliosed, lb;t WAC dumber ~~~llun, organiulliOl~! Chapler 84 36 RCW ~l Q,,~( lib) 45~- (1'1- .. 2) Scller'~ r:xempt Reg. No. _ _ _ _ _ - _ - ,- .' I<l..'cd""ng spc...'C~al vo;alualion as hislone 0 fi EXI,lan"I;"" . .. I) i'i'D' Ui l.UII .oN iOi.iCLOSlIIli ."'I'Cf'Y? Chap,er ~4.26 RCW . .. ,.,.rlY Typt:: 0 land unly [1 land with new buildillg - KllOand wllh previously osed bUilding U lalK' with m"bile hmllc ." Typc or !locumc,,1 be;:f::D ItJ l161A..- '5} (-Vf..c{!{..O'S1../A(t o ,imber only o building only Dale ..r IlocumeRl _ q \ t [:\- q~ rlndpal Use: o AIX (4 + "OIill n re.idential [J limber o agricultural [J cO'llnk:n.;iallitllJu:arial (;."OSS S..Jt: '.I'!C~ $ [J other 1\:",,,":11 I',-o.,crty (<Icullcl) $ -- \11 N<rrICE OF CONTINUANCE (RCW 114.33 or RCW S4 34) TlIXlIble Sule I'rlce S Excise lax: Sl>ite $ IIlhe ne.... owner(s) of land lhal is classified or designated as current us;: Loclll S or forc~ hmd w4sh co continue the dassiflCaciol1 or dc.s.i~mnioll of &uch land.lhe new owner(s) IllUSl sign below. Iflhe new owner(s) do not desuc I)"JiIl'!ucnl Inlcrest: Sial" $ k' collli{llle such c1.ssiflCali(/n or desisnD,;on, all cornpensatinll ." a<kli. (.".,..1 $ liQn:U la~ calcul3\ed purSU,\iu I" RCW ll4.33 120 and 140 or ~CW Ik-iinquelll l'cRalt)': Sbllc $ , li4.34 108 shull be due and P"Yab1e hy ,he sellcf ur trallsfcfor al r1,~ lime T04al \)u. s. W~I of...I.. The ~ount~. a>l,<:ssor "'"S! deleflllinc if tbe I~IKlI"'nsli:(I\:d q'l"hlics .- hI ,:ollliOUL: d.....sifi..ati..)fI or tk'slgllalion ;Iud must Sit inJI..:alc bdow T/lEln: IS ,\ ~1.1l1l Hc~. t'OK )'KOCI>:SSINI. TIlISi'\'I)It~1 It' NO TAX IS IlV,," Sigd"'un;~ do ool l1cccssarit)' mC+f,R lite laRd will rCJnain tJ1 da:iohilic.tliuu , or designa,;on. If illlO IORger qualifies, il will b.: rCll1o\'Cd and the cu.... B AFt'IOAVIT p.:n.aling laxeS will be applied. All new owners UIUS! sign. ( certify under penalty of perjury utlder Ihe ~ws of the state of This l~"d o doe. D does not qualify for continuance. Washlnglon tbllt tbe foregoing Is true and correct (See back or this OalC ::;:"~of ~~~~~~ DEPUTV ASSESSOR (2) NanCE OF COMPLIANCE (Chaptcr 84 16 RCW) Grantor/Agent ~ ~""~ Nall"- (prin\)~ If the new owner(s) of propeny with special ....luation as hil<loric propeny Oale & Place of Signing _~"':'>~~ ?J\.~~. ~ wish 10 corllinu" ,his specIal yal"ation Ihe new owner(s) IlWSl sign below. h Ih.: new O\....cr(s) do nOl d,;sire 10 continue such special ....Iu.tioll, all addi,jonal tax ealculalcd pursua~1 10 Ch~pler 84.26 RCW o"all be due, Signalure of , ~fL.t~.\... ,........... and payable by the ocller or ".n&lcrar at the time or sale. (;ranlt:e/Al:cnt 1\ (I) ~..., . .~ ~ (3) OWNER(S) SIGNATURE \ ~r 0 l.<JJ..' Name (prim) ~ r. Y' ~ A J '":! ..- Oat<: & Place of Signipg "1110 I qt; 01 '( HI ~) I c... 11- II ~! l'trjury: Perjury is a class C felony which is punishable by imprisonmenl 111 Ii Slate correctional instilution for II maximum term of nol more lhan five years, or by a fine in an amounl fixed by lhr evurt of nl)( more Ih:m fi~ IhuUSllnd dollars ($5,000 (0), or by bolh imprisonmenl and fine (RCW 9A.20.020 (IC)) I HE\' I<-l nnOt~1 (6-t6-'j.S:) (PO l2.l! 'H'\I HlR TREASIJRER'S 11<;\ ONLY mwl' III<' IUo'VFNlII' SEP I IS;) 2 G 2 5 .~. 0 ~ COUHrY. MLSTC Form 1aA .' AppnlvMl10111 Ill.", 31M , , The following Is part of the PurchslMI and Sale Agreement tI l\ ~_."ANCING and PAYMENT TERMS ADDENDUM TO PURCHASE and SALE AGREEMENT 9) 11 0 dated I d I t 6 19~ (Buyer) (Seller) (the Property) between and , < \ '\ \ ., \ '-I. l'l, q . J l~\..r , ,~, I' ! \.:) I j.) t~ r1A)T~ N 4 ;,/L concerning: LENDER FINANCING. TYPE OF FINANCING: This sale is conditioned on Buyer obtainIng 0 Conventional 0 FHA 0 VA 0 Other financing. 2. DOWN PAYMENTILOAN APPLICATION: Buyer agrees to pay $ down Including earnest money at closing. Buyer agrees to make application within days (5 days If not fWed In) after mutual acceptance of this Agreement, for a loan to pay the balance of the purchllse price. Buyer agrees to pay alllo&n application f886, such as credit report, appraisal and title Insurance fe4lS, as required by Lender or Escrow Company, regardlesa of whether or not the loan closes. If application Is nol made within the time Umlt agreed to, then Seller may, at Seller's option, terminate this Agreement. 3. FINANCING DEADLINE/SELLER TERMINATION NOTICE: If Buyer has nol, within calendar days (30 days if nol filled In) after mutual acceptance of this Agreement by aU parties, given notice that Buyer has obtained financing or waived this financing condition, then Seller may, at any time thereefter, e\ec:t to terminate thla Agreement by five days notice. If within five days of Seller's notice, Buyer does not waive this financing condition by notice, this Agreement ahall terminate. 4. EARNEST MONEY: If Buyer has not waived this financing condition, and la unable to obtain financing after a good faith effort, then, on Buyer's notice, this Agreement shall terminate and the earnest money shall be refunded to Buyer 5. FHA LOAN COSTS: If thls sale Is conditioned on Buyer obtaining an FHA loan, Seller agrees to pay $ amount to be appUed toward Buyer's loan discount. If any. at the Interest rete Mlected by Buyer 6. VA LOAN COSTS. If this sale Is conditioned on Buyer obtaining a VA loan, Seller agr... to pay $ or 'llo of Buyers loan amount to be applied toward Buyer's loan discount, loan fee. Interest buy down and/or financing and closing costs to the extent that Is allcwable by regulations and Buyer's loan amount is not thereby reduced. or 'llo of Buyer's loan 7 APPRAISED VALUE: If the Agreement Is conditioned on Buyer obtainlng mortgage flnanclllg, it Is expressly agreed that notwithstanding any other provi8ions of this Agreement, Buyer shaU not be obligated to Incur any penalty or forfeiture of earnest money, or otherwise be obligated to complete the purchase of the property described herein, unless Buyer receives a written statement Issued by FHA, VA or lending Institution, as applicable, setting forth an appraised value of the property (excluding clo&lng costs) of not less than the purchase price. Buyer shall have the option of proceeding with the cIo6lng of the sale without regard to such appraised value, provided, the difference In excess of the appraised wlue is paid In cash. FHA, VA or lending Instllutlon does not warrant the value or condltlon of the property. Buyer shoUld be satisfied that the price and condition of the property are acceptable. 8, APPRAISAL LESS THAN SALE PRICE: If lender's appraisal ot the value of the propert)'la Ins than the purchase price, Buyer may, within three days atlel receipt of a copy of lender's appraisal, give writt&n notice of Buyer's election to either (Cnoose One) o Unconditionally terminate this Agreement; or o Terminate this Agreement unle6s Seller, within ten days after receipt of such notice. delivel1l to Selling Agent elther a reappraisal acceptable to the lending institution of an amount not leas than the purchase price. or written consent to reduce the purchase price to an amount not more than the amount specified In the appraisal or reappraisal. If such reappraisal or consent to reduction of price Is not so delivered, and Buyer and Sillier cannot negotiate an acceptable purchase price, this Agreement shall terminate and the earnest money shall be returned to Buyer To pennlt the parties the foregolng time for notices, the clo&ing date shaH be extended accordingly. If Buyef does not provide notice as specified above, this Agreement shall proceed to closing without regard to the appraised value, and the difference In elCce&S of the appraised value shaU be paid In cash by Buyer 9. NOTacE PROCEDURE: "Notice", as used above, means in the manner provided in the "Notices" paragraph in the Purchase and Sale Agreement. 1 SELLER FINANCING. ...../ ~ "',^ · J -'~/. . 'd o REAL. ESTATE CONTRACT or):l DEED OF TRUST TO SELLER. Buyer agrees to pay $ ()~, InCIUdln~ earnest money, at closing and the balance In monthly Installments to Seller of $ I rl Sa. u () ,or more at Buye . option, ding Interest at .S 'llo per annum Gll'AlSlllad VI' t1... dlltllll~ldnu1Jl'll'le\pdl tMIIlth, on or before the first day of each month commencing with the month following cI~lng of this sale. Buyer and Seller agree to sign, at closing, the Real Estate Contract LPB-44 Re&ldentlal Short Form or Note and Deed of Trust <as checked above), attached hereto, 8nd Which sh8l1lnclude the following: o A due-on.saIe clause ~ A default rl$.e of ['J-. 'llo:el A late payment fee of ~~) l!lI for any payment more than \~-; days late ~ A balloon peyment of the balance owing within 3- years from the date of clo&lng 0 Periodic payment of tax.. and insurance 0 Other 2. 0 CASH DOWN TO EXISTING LOAN. Buyer agrees to assume, at closing, an existing 0 Deed of Trust 0 Mortgage 0 Real Estate Contract, and to pey the balance of the purchase prlce In cash, including earnest money, at closing. The assumed Joan has a prlnclpal bIlI8Ince of apprOldmalely $ and is payable In monthly In&tanments or IIpprOJdmately $ including Interest at 1& per annum computed on the diminishing principal balances, 8nd Including 0 real estate tax.. 0 hazard Insur.mce. Seller ahall deliver a copy of SeIIer'a loan documents to Buyer, who then shall have days (5 daya If not filled In) In which to disapprove the terms of the underlying loan. FaJlure to give disapproval within that time shall bQ deemed approval. Seller authorizes Closing Agent to pay any delinquent payments from money due Seller at time of cJoslng. 3. X PAYMENTS TO COLI,E. CTION ACCQUNT. J The above payments ,~~ ~uyer to Seller are to be made to a collection account at Ie ,be. ,-/e "'.p,_n~'-u IUJ d ~ \ .~'\ ,to be established by 0 Buyer)t Seller, , and for whlc~ Buyer ~II pay 1j0 ~"o;"u;..orIgln set-up charges a~ basic annuahl(~onthly fees, and Seller shall pay the balance, If any 4. ''jJ OTHER , ,( 1... ) l ( n ...f ( ) . t. c.! ) 1-1 " l~l. ,. 11 )'\ " . \ ~'~\.'\. \l~ DATE. ' '. , ~ ,,\ \ " ',' s:: 8UYER:~'" '.r.~S~~.~'{ (" >.. .......- '-1<>, - 0 . ~ ' ~~...., '",..> ._..- .~J ~.'-' ".... '...~' ' '- .....,' BUYER: '- ' -~ DATE. J~- /!J- ?.y SELLER: <<).-/' / I A...;......,., 01: d'7~""-<."J SELLER: r\ I.)..jl:jt.. " f"_.- . ~. ~J\ 1'-. '-"-".--, 1994 Multiple u.tlng SeMoe 0( Thuman County WHITE. lelllnllllkOktl'. Copy YEllOW. .."tI's Copy PINK. Buyer'. Copy g~ '-'\ ,i C....) RESJOEN~ REAL ESTATE PURCHASE AND SALE MrREEMENT THIS CONTRACT CONTROLS THE TERMS OF THE SALE OF REAL PROPERTY . MLSTC Form No. 21 Rev 4/94 ~e 1 of 2 Papes N: 8170 /' ~C'- /- . , ~; , The Buyer tt L' 'I buy and the Seller agree 0 sell on the following terms, the property whose address is 4~--- (CI'y) ~. (ZiP}q~~q~ ___' County of _~,j~ I LUr~ ~ . WaShington., legally ~ attached o as fOII~ -- - '1M" -9 II -as - .'! 1_ I(J I 7- ~ u'-: <~~~C) . ____ Buyer and Seller authorize BrOker(s} to insert, correct, or attach the legal description prior to the date of ~Ioslng. ~. AGENCY DISCLOSURE: At the siglllng of th,s Agreement. the Selling Licensee /V'(I ~ I J I ". . (j ~'m' .. L'" H' '"d C. "y N,m, , '~M" represented, and the Listing Agent ~,.A i { (' f. L~ AJ-l If). \ I I (Insert Se I r Buy or both Seiter artd Buyer) \, (sert name of Licensee and Company Name as Llc nsed) represented f ,~ Buyer and Seller both confirm tnat prior orai and/or written disclosure of agency was provided to each ot them (Insert e ler or oth Seller and Buyer) ,n this tral'lsaction ,19 5.tL agrees to ( ./ 2 PURCHASE PRICE I FINANCING: The Purchase Price 1st 11 UtJ ~V.) d I eJ.. Dollars ($9 ~ 11 J-u..v. _ ) including earnest mone payable as follows o All casn at clOSirtg (not condilioned on buyer oblaining a loan) o Lender Financing. See attached Financing and Payment Terms Addendum Form No 13 A. ~ Seller Financing See attached Financing and Payment Terms Addendum Form No, 13 A, In(~~11. J l ~~.. t ~ !L -{ ~(Q(~ 1.,f-..-_ 3 BUYER'S FUNDS TO CLOSE. Buyer represents that Buyer has sufficient funds fo close this sale in accordance with this Agreement, and is not relying on any con. tingent source of funds or gifts unless expressly set forth elsewhere in this Agreement. 4 CONTINGENCIES: This Agreement 0 's 'lit is not contingent on lhe sale and/or closing of Buyers property If the first box is checked, see attached Contingency Addendum Form No 13 B. EARNEST MONEY RECEIPT Selling Licensee acknowledges receipt Irom Buyer 01 $ t!i tJ t:..1\ 11 earnest money in tha form of !:J Cas~ Check o Promissory note due , 19 _____ 0 Other _____ to be held' fill. By the Closing Agent 0 In Selling Broker's pooled trust account (with interest paid to the Washirtgton Housing Fund) Selling Broker may, however transfer the earnest money to the Closing Agent. If the earnest money is to be held by Selling Broker and is over $5,000. it shall be depOSited to' 0 Selling Broker's pooled trust account o A separate trust account in Selling Broker's name with the inierest credited at closing to 0 Buyer 0 Seller whose Social Security (or taxpayer 10) Number is, Selling Broker shali not deposit any check until Buyer and Seller have signed this Agreement Buyer agrees to pay financing and purchase costs incurred by Buyer If all or part of the earnest money is to be returned to Buyer and any sucn costs remain unpaid. the Selling Broker may deduct and p~y them ther from, 4~ (' ,- Selling com~",.y .:.. .Q~:::/;..l~---'- Office No If'1~ Office Ph; ::>)S ~t-,<:;) _ Home Ph: ':lS9.J1Su, Licensee \LJ&..-----------'----:-,~----- Prinl Name ~bill e ]) tl A /f L ' INSPECTIONS: This AgreementJJ is 0 is not conditioned on orte or more inspections including, but not limited to. structural, mechanical, pest, dry rot, hazardous materials, roof, septiC, well, soil stability engineering; and general condition of the property If it is, see attached Inspection Addendum Form No, 20 Seller under- stands that in order for Buyers to obtain financing, the lending institution may require the property to comply with applicable governmental codes, and may require inspections above and beyond those noted in Addendum Form No. 20, if any Seller agrees to permit inspections required by Lender and will pay up to $ '100 of the cost thereof If the cost of Inspections exceeds stated amount, and Buyer and Seller cannot agree to a negotiated settlement of these additional amounts, this agreement shall terminate immediately Seller may be required to make repairs to the property In order to comply with governmental codes; whether or not a sale is completed under this Agreement. 5 6 7 REPAIRS/WORK ORDERS. If repairs to the property are required by Buyer (as a result of mspections on Addendum Form No 20) or Lender Seller agrees to per. form the same prior to closing and pay up to $ .5OCi of the cost thereof. If cost of repairs exceeds the stated amount. and Buyer and Seller cannot negotiate agreement concerning these additional amounts, this Agreement shall terminate immediately 8 SELLER'S PROPERTY CONDITION DISCLOSURE: Seller represents that Seiler is not aware of any material structural defects or material problems regarding the property except; _ Buyer's offe~ is 0 IS not conditioned on Seller providing a completed Seller s Property Condition Report Form No, 10 within five business days of mutual accep- tance of this Agreement. Buyer shall have __ business days (3 days if not filled in) after receipt in whicl1 to approve the disclosure information, Failure to give wril1en disapproval shall be deemed to be approval, and said report shall become part of this Agreement. UTILITIES Seller represents to the best of Seiler'S knowledge that the property is connected to; 0 public 0 community 0 private water system. , individual well o public sewer~ septic system, 0 Other , Seller represents to the best of Seller's knowl. edge that (1) the sewage system serving the property is in good working order, (2) Seller has no knowledge of any needed repairs tor the sewage system, (3) the sewage system will be in good working order at the time oj closing (4) during Seller's term of ownership, the well serving the prcP6rty has provided an adequate supply of househGld water and (5) continued use of the well Is authorized by a governmental permit or other established and existing water right, If required. In addition to the above there is available to the proP6rty linq 0 gas main 0 cable TV 0 other ___.__ 9 10 lEASED FIXTURES: The following fixlures presently are leased;'::IC< none 0 furnace 0 gas Cortv.Hsion burner 0 water heatar 0 other Any leased fixtures are included in tile saie and seller egrees to acquire title to the same prior to cIOS;rtg, '1 INCLUDED ITEMS: All attached apparatus and lixtures including, but not limited to. the following are included in the sale unless otherwise noted' Plumbing and Iignt fixtures and bulbs (except free standing and swag lamps), attached television antenna (except satellite dish), all attached floor coverings, trees, plants and shrubs in the yard, built-in appliances, shades, blinds, curtain rods, bathroom fixtures. awnings, at1ached heating and cooling systems, attached irrigation equipment. The fol- lowing items, if any are included in the sale whether attached or not unless otherwise agreed. all oil or other fuel on hand at the time of possession, screens, storm<<&.c Windows, screen doors, fireplace insert, al1acned fireplace screens. hOI tubs, and any personal property remaining on the property when possess' n is t nsferred to Buyer However Seiler agrees to clean t~,e Inlenors of any structures and remove all trash, debris <l(ld rubblsh. I- I ", " I \ ,l {<" _ r 't,' --J i I 1'~ ' T ~ 12, CLOSING/TERMINATION DATE_ ClOSing shall be within ten days aller satisfaction or waiver ;'i'a~~ntingenCles and conditl?fs, but nol earhW than ~_, 19 0 r::: ,norshallclosingbelaterthan-----.&"~~ ~~~i~~____ which shall also be t~ mlnatlon dat& f thiS Agreement Clos~be With the following Quali1ied escrow agent; g 'c! ~ t Closing either earlier or later than the above dates shall be by written agreement of the parties 'Closlng sfall mean the on which all dOcuments are record- ed and the sale proceeds are available for disbursement to Seller However the parties agree that there shall be substantial and satisfaclory compliance if, on the termination date, all documents are executed and all required funds are deposited in escrow or available from Buyer's lender on recording, 13. POSSESSION: Buyer shall be entitled to possession ~ on the day after closing. 0 within__ calendar days after ciosing, and Seller agrees to pay Buyer $ __ for each day of possession beYOnd dale of closing 0 other _____ Broker is not responsible for the collection of rent. Buyer shall be considered to have possession when Seller has vacated the premises and has delivered the keys to Buyer or S~lIing Broker Seller agrees to maintain the property and included appliances in their present condition, normal wear and tear excepted, until Buyer is entitled to possession Buyer reserves the right to reinspect the property within five day.:> prior to transfer of possession to Verify the foregoing, 14 CLOSING COSTS AND PRORATION: Seller and Buyer shall each pay one. half of the escrow fee unless Ihis sale is FHA OR VA financed in which case it shall be paid according to FHA or VA regulaliorts. Seller Shall pay real estate excise tax, Taxes for tne current year rent, interest, and lienable home owner's association dues shall be prorated as of closing, Buyer agrees to pay Buyer's loan costs, including credit report. appraisal cnarge and mortgagee's title insurance. unless prlr vlded otherwise in this Agreement. If any payments ale delinquent on encumbrances whicn will remain after ciosing, they shall be paid by Seller or from the pro- ceeds of the sale, Seller agrees to pay all utility charges (including unbilied charges) Buyer understands that the Listing and Sellirtg Licensees are not responsI- ble lor or insure payment of Seller's utflity charges, ,,~',. INITIALS: Buya(_~""~~'- ~~ " Buyer _n Seller :'t..::.4-- Seller ..L-____ 1994 MUltiple Ustlng ServIce 01 Thurston County WHITE Selling Broker's Copy YELLOW Seller's Copy PINK Buyer s Copy Slit ~:t ~ RESIDENTQREAL ESTAT~ PURCHASE AND SALE OEMENT (CONTINUED) No 1> J 10 ~lSTC Form No.21 R~v 4/94 Page 2 0/ 2 Pages 15. CONDITION OF TITLE; Unless otherwise specified in this Agreement. title to the property shall be marketable at closing. The follo>\ling shall not cause thlllitle to be unmarketable: righls, rtlservations, COVenants, conditions and restrictions presently 01 record and general to tM area, easements and encroachments not mater~ ally atfectirrg the value of or unduly Interfering with BUyer's intended use of the propeny' and reserved oil and/or mining rights. Monetary encumbrances not assumed by Buyer shall be paid by the Seller on or before closing 16. TITLE INSURANCE: Seller authorizes Closing.Agent, at Seller's expense, to apply for a standard form owner's policy of title insurance with homeowner's aeditional protection and inflation protection endorsements, if applicable and available at no additional cost, to be issued by the Title Insurance Company Seller designates. The title policy shall contain no exceptions other than those contained in said standard form and those not inconsistent with this Agreement. If title is nof so insur- able and cannot be made so insurable prior to closing, Buyer may elect either to waive suer, encumbrances or defects, or to terminate this Agreement and receive a refund of the earnest money Buyer acknowledges that a standard form of title insurance does not insure the location of boundaries and that an extended form of insurance is available at additional costs. t 7 CONVEY ANCINQ WARRANTY DEED. Title shall be conveyed by a Statutory Warranty Deed. If this Agreement is for conveyance of a Buyer's interest in a Real Estate Contract, the Statutory Warranty Deed shall include a Buyer's assignment of the contract sufficient to convey after.acquired title, SECURITY If this Agreement is for sale on either a Real Estate Contract or a Note secured by Deed of Trust, the parties agree to the form(s) attached hereto unless the lending institution providing financing requires different forms, If Real Estate Contract Form LPB-44 is attached hereto, only those optional clauses in that form required by the terms of this Agreement shall apply LIABILITY FOR PAYMENTS. The holder is entitled to collect payments on a Real Estate Contract or Note even though the Buyer abandons and/or offers to quit claim the Property to the holder ASSIGNMENT Buyer may not assign this Agreement, or Buyer's rights hereunder, without Seller's prior written consent, unless provided otherwise herein. UNDERLYING ENCUMBRANCES. If there is an existing Deed of Trust, Real Estate Contract, or other encumbrance which is to remain unpaid after closing and jts terms require the holder's consent to thiS sale, Buyer agrees to promptly apply for such consent and this Agreement is conditioned on it being obtained. 18. FIRPTA COMPLIANCE: If Buyer does not intend to use the property as a principal residence or if the purchase price exceeds $300,000, then this sale may be sub- Ject to the withholding and reporting requirement of the Foreign Investment in Real Property Tax Act (FIRPTA) Form No 13 H, unless Seiler furnishes to Buyer an Affidavit of non-foreign status. Seller and Buyer agree to comply with FIRPT A. if applicable 19 TRANSACTION INFORMATION Buyer and Seller authorize all lenders, closing agents, appraisers, title insurance companies, and others related to this sale to fur- nish the Listing andlor Selling Licensee on request, any and all information and copies of documents c;oncerning the status, prograss and final disposition of financ- Ing, appraisal, closing, title condition, and any other mailer concerning this sale including BUyer's credit report. The Listing or Selling Licensee IS authorized to report this transaction (including price and all terms) to the Multiple Listing Service and to its members, lending institutions, appraisers, and anyone else related to this sale. 20. INSIJLATION NEW CONSTRUCTION: If this is new construC1ion, Federal Trade Commission Regulations require the following to be filled in. (If insulation is nOf yet selected, FTC regulations require Seller to furnish Buyer the information below in writing as soon as it is available.) Wall Insulation Type._.__ _ Thickness: R-Value' Ceiling Insulation. Type __._~ . ____._ Thickness' A.Value: Other Insulation Data: 21. NOTICES: Unless otherwise specified in thiS Agreement, any and all notices required or permitted to be given under this Agreement must be given in writing. Notices to Seller must be signed by at least one Buyer and shall be deemed to be given when actually received by or at the residence of Seller or by or at the office of Listing Agent. Notices to Buyer must be signed by at jeast one Seller and Shall be deemed to be given when actually received by or at the residence of Buyer or by or at the office of Selling Licensee Both parties must keep Licensees adVised of their whereabouts. Licensees have no responSibility tor notices beyond calf. ing the party ~r delivering the notice to the party's last known address. 22. COMPUTATION OF TIME. Unless otherwise expressly specified herein, any period of time specified in this Agreement shall expire at midnight of the last calendar day of the specified period of time, unless the last day is Saturday Sunday or legal holiday as prescribed in ACW 1 t 6.050, in which event the specified periOd of lime shall expire at midnight of the next business day Any specified period of five days or less shall include business days only 23. FACSIMILE TRANSMISSION Facsimile transmission of any signed original document. and re-transmission of any signed facsimile transmission shall be the same as delivery of an original. At the request of either party the parties shall confirm facsimile transmitted signatures by signing lVl origmal document. . 24 PROFESSIONAL ADVICE: Buyer and Seller each acknowledge that it may be advisable to have the terms and conditions of this Agreement reviewed by indepen- dent legal couns&1 andlor a tax advisor as the terms and conditions affect the parties' r'ghts and may have tax implications. Furthermore Buyer and Seiter agr&e that: (a) they are not relying on any representations or advice by the real estate licensees involved in this transaction; and, (b) they have satisfied themselves as 10 the terms and conditions of this sale. 25 GENERAL PROVISIONS, Time is of the essence. There are no verbal agreaments which modify this Agreement. This Agreemen.t constilutes the full understand- ing betw&en Seller and Buyer Buyer has personally obsarved the property and has reached Buyer's own conclusion as to the adequacy and acceptability of the property based upon such personal inspection. Unless otherwise expressly specified herein, sq"are footage, dimensions, andlor boundaries used in markeling the property are understood to be approximations and are not intended to be relied upon to determine the fitness or value of the property DEFAULTITERMINATION If this Agreement is terminated for any reason, any costs authorized under this Agreement to be advanced from the earnest money deposit Shall be deducted before the remaining earnest money is refunded to Buyer or forfeiled to Seller If a dispute should arise regarding disbursement of any earnest money the party holding the earnest money may interplead the funds into court. Furthermore if either Buyer or Seller delaults, the non.defaulting party may seek specific performance or damages, and the Seller may, under some circumstances, retain the earnest money as liquidated damages. Howelier the Seller's tem- edy Sh~be iimlled as folJow& if the paragraph below has been initialed by both parties. '~ In the event the Buyer fails, without legal Elxcuse to complete the purchase of the property the earnest money dElpoSit made by the Buyer . I, shall be forfeited to the Seller as the sole and exClusi.ve remedy availabJeto the SelJer for such failure. Furthermore, if the earnest money /1lJ d -.K \, f\ deposited exceeds five percent (5%) of th.:! sale pnce, Seller may retaIn as liquidated damages and as Seller's solEl remedy earnest -vseller"'~ money equaling only five percent (5%) of the purchase price; any additional. earnest money shall be refunded to Buyer ADDEN~UMS/ATTACHME~TS. The foil w;l1g add~ndums/attachments are part of this Agreement:l{J ~ti Ii A ,f; (! j a U'MJ t I {1d:if 'fldu rn , ~~ ( ,I .____Buyer and Seller ay only amend this Agreement by mutual written consent. ~h.'~ REEEEMMEENlI TO~URCHASEIANoi, IME LIMIT FOR ACCE~.r.~NCE; Buyer offers to purchase the property on the above terms and conditions, Seller has until ~ of __ .It 14 / ,rl.... I G 19 ~__ to accept this oHer (it not filled in. the calendar day following the last Buyer signature dale in th.s paraQtaph) unless sooner withdrawn. Acceptance is not eliective unlil a signed copy hereof is actually receIved by or at the office of Selling Licensee If this ofter IS not so accepted, It shall lapse and Selling Broker ~iI rewnd the earnest money to Buyer BuyerC ~...\~._~:~,_,':...~~~,.l...",:::-_ Date \~\\I...S. 19(7\'-..\ Home Ph \\\~(.-':\3\"")' Buyel ... Date 19 Work Ph: Buyet's Address: ,\'10 ") ~y;:--,~~~"",,~ -- _~-=~_ - -Zip ~t~~~ . \ SELLER'S ACCEPTANCE AND BROKERAGE AGREEMElolT Seller agrees to sell the property on the terms and conditions set forth in this Agreement. and fur. ther agrees to pay a commission according to the terms of the listlOg agreement. If the Selling Licensee is not the Listing Agent, the Seller agrees to pay the Selling Broker :::1' e:; __ % of the purchase price or $ ___ , and the remainder of the commiSSion under the terms of the listing agreemont shall be paid to the Listing Brokor Soller assigns to Broker(sj a portion of the sales proceeds equal to the commission, and irrevocably authoriles and instructs the Closing Agent 10 disburse the c:ommission directly to Broker(s) at ciosing. J( COUNTER OFFER OA MODIFICATIONS ARE MADE A PART OF THIS AGREEMENT Buyer shall have until '" '=> 0 M, ON ___D-l2 c::... -AI--. ____..19 :3_"1-- within which to accept same. Choice of Title Company' ~~ 4,i'^gH~_________.__ Seller 0 is 0 is not a foreign person/entity SeHer' tt.J.tt./~d.~~''''U~,---------- Date'~- ~I'- '9.y' 19.2LHomePh,.y~~A'-.5'L#__ seller'1\,~~~_'W."-""""'. . __._ Date -;;....1;) / Ie!, t9!!.1-WorkPh I.jSf,-...~/~~_ Print Se!lers Names ~. ~ .... tS..u.:!~'\ 1..) -~ ~ \" n l >.J to.> -, Seller's Address: J~I~D____tbd\l.- ~~ ~ "i Q \ _~ I "'~J c) Cj~5-:i:7- -Zip__=_==== Llst;ng Offica --C..G""./7U~ 'f ./ / 7.{, C f ice No -I-Jfr--f:-- Office Ph #7"-4::.- ~ 3;;2 ~ MLS No. BUYER'S RECEIPT. Buyer aCknowledges receipt 01 a eller signed cupy of this Agreement which contains a full and complete legal description of the property on ~M_ ), ,19(.l.h . Buyer' l~~yer' 26. 27 28. 29 30. YEllOW Se//er's Copy (onl)' one signature re~ired) PINK Buyers Cupy "\. ~ COUNTY MlSTC Form No. 13 Approved 10191 o o eCopyrlght 1890 Puget Sound Mulllple liallng A,lOCiallon ALL RIGHTS RESERVED PermJuion Granted ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is a part of the Purchase and Sale Agreement dated between Lfy~l. ~ \.fY'lA~. &tiJA,41f'..-/ 6Qa!u~, t{nrt~) Q/Y0 Crt (}~jr IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOllOWS. ~f> 19 q4 '- , (wSeIIer") and , rBuyer"). 1e .,... -f,) ~ (J rctu d.tL .. '.~ All OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. .19nsellertl.ldl~~ pate/~-/Y ,19[$.. , , 9 _ Seller' ~ ~^,\...-) ~ate/:;' 11'i I 19 3.:::J Agent (Office) WJ. lUll llQ" ~YJ..-. - By' M,l.WV' ~ 'O~ D '"-",, '-../ f)Cnoy.lghl llllll I'vg.' Sovnd Muft"loIl""In, .....od....... M.l nlOlns nnERVED MUTe F.,... Ne. f~ A........., 1""'1 ll...lMd 71f2 OPTIONAL CLAUSES ADDENDUM TO PURCHASE AND SALE AGREEMENT The following /s a part ollhe Purchase and Sale Agreement daled --ll:.J (~ :een ~;:~. Jt~'~4.<(/'/ d'~;;V?5 ulf6- f('1b concernIng the purchase and sale of: I D 50 1 (~olIVL.' j uH ___ ("Ihe property'). .19.:t:L ("Buyer") rSeller') Check If Included: ~1. SQUARE FOOTAGE/LOT SIZE/ENCROACHMENTS. Agenl, and lhe Usllng Agent, make no representations concerning (a)lhelol size orlhe accuracy 01 any Inlormation provided by the Soller; (b) Ihe squarefoolage 01 any improvf!monts on Ihe properly; (c) whelher there are any encroachments (lences, rockoties, uuildlngs) on Ihe property, or by (he propnlly nil .1<1;<1cenl proporties Buyer Is advised 10 verify 101 size, square loolage and encroachmenls to Uuyer's own sallslacllon. priOl 10 ,losing 02. EXTENDED COVERAGE TITLE INSURANCE. Notwilhslanding tho 'Tille Insurance" clause In Ihls Agroemenl. lendor or Closing Agenlls dlrecledlo. al 0 Buyer's 0 Seller's expense apply lor an AL T A or comparable exlendedcoverago policyol Illle Insurance, rather lhan the standard Form Buyer's polley relerred 10 thorein 11 a boundary survey is required, It will be ill I J Buyer's 0 Seller's expense. ~3. PROPERTY AND GROUNDS MAINTAINED. Until possession Is Iranslered 10 Buyer, Seller agrees to maintain Ihe property In Ihe same condition as when lnlllallyvlewed by Buyer The lerm ~Properjy"inc1udes lhe buildlng(s). grounds, plumlJinu, heallng, electrical and olher syslems; and all Included appliances. Should an appliance or system become inoperative or rnallunr.lioll prior 10 Iransfer 01 possession, Seller agrees 10 either repair, or replace Iho same wllh an appliance or system 01 atleasl equal <ju;]lity, prior 10 closing. Buyer reserves Ihe righllo relnspectlhe proper1y within live days plior 10 lransler 01 possession, 10 verily Iho fOIHqoinfj Buyor Md Se/ler undersland and agree lhal Agent shall nOI, under anycircumslances, be liable lor (he foregoing or Seller 5 broilch 0111115 clause fid.4. ITEMS LEFT BY SELLER/CLEANING. Any personal property, Ilxlures or olner Hems remaining on Ihe property when possosslon Is Iransferred 10 Buyer Shalf lhereupon become lhe property ollhe Buyer, and may be refalned or disposed or as Ouyer determines However, Seller agrees 10 clean lhe Inlerlors 01 any slrucluros and remove alllrash, debris and rubbish prior to 13uyer laklJ1U possession. ~5. OTHER: PURCHASER understands that Winde(".cn~ leal Eslale Ilel. VIA and Hs agents In conveying Informallon regarding land dimensions or waledront footage. relics upon inrormal.inn received from various sources Including the SELLER. lille Insurance reports and county J.cconls Wi.ra4e.-.ere leal Eslalu Tel. WA and ils agents cannol guarantee the accuracy of information received from such sources, as stich inror/llatioll has, on occasion, been in enor PURCHASER warranls that nei ther Windt:rlllcre Ileal Eslale/Jel. ViA nor its agents have made any representations concerning boundary lines or property dimensions PURCHASEH underslands that the only accurale method Cor determining lJoundary Jines and/or properly dimensions is a survey, performed by a licensed land surveyor PURCHASER further understands thal the standard rorm Purchaser pol icy of Lille Insurance does not Insure boundary lines or properly lIimensions accolll!lanylng such lille insurance: il is Cor Informalional purposes only Extended title insurance covering lloundary lines and property dimensions is usually available at incrcasctl coslo ant! typically requires a survey '9.. 6, Because It Is being mailed. please allow 3-5 business days for receipl oI Earnest Money Irom the Title Company 07. The Buyer and Seller are advised that this sale involves a mouile home that may be required to meet guldeHnes and building codes from the Department of Labor and Industries The Duyer and Seller acknowledge thal Wiudcraccc leal l~slalC/Ycl. WA and ils ar,ents hilve no expertise in these mallers and recommend thai partic.s to this lransaction satisfy themselves that all appropriate inspections have been compleled and all lwilding codes have been mel. <-~~~~ , INITIAlS. ~<;?~ ...,., ___ s...aMl~~..... 1') ~~ ~ Dale 19 _ Dale ~ 19f# Dale/.!1-l-rt' 19'1!/- Dale ~ I~ 19 ~ VMlre~ro"(' copy GREEN-&cro. Copy CANARY-Purclt..,'. 2nd Copy PlNK-llIll,,', Cop)' GOI.D-Purcltlllr 1111 Cop)' . COUNrY MLSTC Foml No. 20 Appt'O\/lld 1lW1 R... ~ '-, INSPECTIONS ADDENDUM TO PURCHASE AND SALE AGREEMENT The following Is a part of the Purchase and Sale Agreement t#~dated I JI16 19 ~ 4- :tween ~{:~:~~,I:<>~~lA~0r OH/(j'<<!'< t~6 ~.>l~ ~::~ concerning: l1:J ?/) ~ So 1 4d. rh I (1.1 tl (the Property) The above agreement Is conditioned on Buyer's personal approval of the results of the following Inspections: ~ Structural, mechanical and general condition of the improvements on the property to be ordered by and completed at " Buyer's 0 Seller's expense within days (10 days If not filled In) of mutual acceptance. o Hazardous materials (Including but not limited to asbestos, urea fonnaldehyde. and bulied 011 tanks) - to be ordered by and completed at 0 Buyer's 0 Seller's expense within days (20 days if not filled In) of mutual acceptance o Roof - to be ordered by and completed at 0 Buyer's 0 Seller's expense within in) of mutual acceptance , Wood destroying organisms - a preliminary wood destroying organism Inspection report to be ordered by and completed at 0 Buyer's 0 Seller's expense within days (10 days if not filled in) of mutual acceptance. days (10 days If not filled 1J.. Septic system - Seller shall provide a 0 Loan Certification ~ Operation and Maintenance Pennit plior to closing at Seller's expense ~...i. Wd ~ 5~~)" 'tJ Water supply - a Standard County BacteriOIOgi~~ be ~~red by and completed at 0 Buyer's ~ Seller's expense prior to closing. o Other: 1 NOTICE OF BUYER'S DISAPPROVAL. Each inspection condition indicated above will b.e conclusively deemed satisfied (waived) unless Buyer gives notice of disapproval of the Inspection report within j days (3 days if not filled In) of Buyer's receipt. of the report. This notice must be accompanied by a copy of the Inspection report, and must identify the conditions In the report which are unacceptable to Buyer This notice must also Indicate Buyer's Intent to tenninate the Purchase and Sale Agreement, or willingness to proceed with the Agreement if Seller corrects the unacceptable conditions. 2. NOTICE - SELLER WILL REPAIR. If Buyer has indicated a willingness to proceed with the Agreement If corrections (repairs) are made, Seller shall have:..L days (3 days If not filled in) after receipt of Buyer's disapproval notice to give notice that Seller will correct the conditions identified by Buyer 3. SELLER WILL NOT REPAIR. BUYER MAY TERMINATE. If Seller does not give notice that Seller will correct the conditions Identified by Buyer, Buyer may elect to give notice of termination of this Agreement within -L- days (3 days If not filled In) after expiration of the time limit in Paragraph 2. The eamest money will thereupo~rilieiitumed to Buyer If Buyer fails to give notice of tennlnatlon, this Agreement will proceed to closing, and the Seller's obligation to correct conditions identified by Buyer will be limited to the cost agreed upon In Paragraph 7 of the Purchase and Sale Agreement for all repairs. 4 REPAIRS - ACCOMPUSHMENT. If Seller does (per Paragraph 2 above) give notice that Seller agrees to correct the conditions Identified by Buyer, then they will be accomplished prior to the closing date. 5. RE-INSPECTION BY BUYER. Seller's corrections are subject to re-Inspectlon and approval, prior to closing, by the inspector who prepared the Inspection report. provided Buyer elects to order and pay for such re-Inspectlon 6 NOTICE PROCEDURE. "Notice" as used above means in the manner provided In the "Notices" clause of the above referenced Purchase and Sale Agreement. 7 OTHER: DATE: \ ~ \"'~ \"'\l.\ c.,:,- ~~ ~~.,.~,," BUYER .'. ~.~ .', .. .~....... ~ ~ ,~.......- BUYER ..) I ..A,~ \J DATE: /~ - 18'- 9Y SELLER:uJ.u..I~. d ~ SELLER: ~ os::...~-.:\..\>", "/' e~~,-.~ 11184 MlIllIple UItinQ SeMce 01 ThlllWlon ColInty VoHITt &eKing Brokel'a CoI!Y Yl!LLOW. &ellll'aCopr PINK. 8l/yltf1l Copy .oltlIIlil!! [Ijl]0 THURSTON COUNTY MLSTC FOlm No. 19 Adapted 3/93 01 o AGENCY DISCLOSURE Purchase and Sale Agreement No ~ 11 0 Wash1Ogton State law reqUires real estate hcensees to dIsclose to a prospectIve Buyer and the Seller 10 every real estate transaction who the Llstmg Agent represents and who the Selhng Agent represents. BOTH THE SELLER AND THE PROSPECTIVE BUYER ARE ADVISED THAT THE LISTING BROKER, ) . I .') (COMPANY NAME AS LICENSED) AND THE LISTING SALtSPERSON C. h t 11 (NAME OF AGENT) REPRESENT THE SELLER, UNLESS OTHERWISE AGREED UPON AS FOLLOWS: BOTH THE SELLER AND THE PROSPECTIVE BUYER ARE ADVISED THAT THE SELLING BROKER, (COMPANY NA E AS LICENSED) AND NAME OF UNLESS OTHERWISE AGREED lJPON AS ~ ~GENCY DISCLOSURE: IF THE LISTING BROKER OH. A SALESPERSON FROM THE LISTING BRC'KER'S COMPANY HAS ALSO CONSENTED TO ACT AS BUYER'S AGENT, THE UNDERSIGNED ARE CONSENTING TO THE LISTING BROKER AND THE SELLING BROKER ACTING IN A DUAl AGENT CAPACITY BY UNDERTAKING TO REPRESENT THE INTEREST OF BOTH THE SELLER AND TIlE BUYER. IN SUCH A DUAL AGENCY SITUATION, BOTH THE LISTING AND THE SELLING BROKERS ARE INSTRUCTED NOT TO REVEAL CONE1DENl1AL OR PRIVILEGED INFORMATION ABOUT ONE PRINCIPAL TO THE OTIIER PRINCIPAL WITHOUT THE CONSENT OF THE FIRST PRINCIPAL. Acknowledgment of Copy ReceIved SELLER: tUAA~r/~~ SELLER: 't'\ C..l.~\-"'^-, ,~ \~"'r-<,.,,,.... DATE: & Q..fl. I t I \ ~ '1 <J G~~.\~~;:.'....~... \~ BUYER: ~ ~_ \\.~,<_ ' BUYER:'~ .. DATE: lJ.J. 0 Il? I ,qqy , , \, ~~5:'~. '" .,........_~-~ ~~_. -----. JrISTING Iij\OKER: ~~ny N::l~e ~~~fce~ Jt.t~ By' /JI, c..k GQ.~h,~a .S ~n '7.5""t5' ~ 3 2 "3 Office Pllonc No Date O~-C.. /:i-, '7 ~ Wl SELLING BROKE~. yVij'''r')\.tAll L, ,ni ~t\ Comp.1ny Name as i,:~,ed By.1i.L.LJl t 1 ~ ~^--'I Salesperson . , I flUE)) Lj'-;B -3&S.5 ~~No. Dale Jd-113Jq~ Cbpyrleht Multiple Listing Sel'\'lcc of ThuJ'liton Cowlty 1993 Brokel"s Copy - Wlllle, SeDel"s Copy - YeDow, BU)'er'H Copy. Pink ~ C<(UNTY MLSTC Focn No. 17 'i GOUNTER OFFER NO. '1 ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT~ tr /,/0 o / All terms and conditions of the Real Estate Purchase and Sale Agreement dated / ~ //6 / , 19 9 '/ between (v'rec, "live dc-~".s P.hJ/t:::'/' A.,5 5 1/ . (the Buyer) and /1/" l' /1" ,8/"o...,~ ',j ~ i (the Seller) concerning the purchase and sale of: / '~T/ ~ // ~ ~ ? -c;. 7 5,.4- / jeL~1 I ~cr 9$5"97 / are accepted EXCEPT for the following changes. / I )( The purch... price shall be $ P2 '1:<; 00 O.~Yable 0 as in the above offer;,/~ foUows. AI"PIIoY1V JQ91 ~1W3 (the Property) o Other. I / I / / ,I I' / ( / / All other telms and conditions of the above offer are incorporated herein by reference as though fully set forth. RIGHT TO ACCEPT OTHER OFFERS: Seller reserves the right to accept any other offer prior to Buyer's acceptance of this counter offer and Listing Agent being so advised in writing. .,r . EXPlRATION:)( Buyer 0 Seller shall have until 9'00 P.M. on D~ c::. .:2. I '7 ~ (if not filled in, the second day following receipt of this by or at the office of the l( Selling Agent or 0 Listing Agent) to accept this counter offer, unless it is sooner withdrawn. Acceptance shall not be effective until a signed copy hereof is actually received by or at the office of the o Selling Agent or)( Listing Agent. If this counter offer is not so accepted, it shall lapse and the earnest money shall be refunded to the Buyer DATED: /:1 - / ~ l/Jd!u.~p,- o Buyer er . 19 ?;Y ~~..~ ~ ~ o Buyer ~ler THE ABOVE COUNTEg OFFER IS ACCEPTED BY: 0 Buyer 0 Seller ON ,19 A COpy OF TIDS, SIGNED BY THE 0 Buyer 0 Seller, was received at , 19 M. ON Agent (Office) By o Buyer 0 Seller ACKNOWLEDGES RECEIPT OF A SIGNED COpy OF THIS COUNTER OFFER ON , 19 (only one signature required) Copyright 1993 by Multiple Listing Service of Thurston County ALL RIGHTS RESBRVED IoIl.STC Form No. 17 Approiled 10111 RevlMCI 5It2 o o o Copyright 1990 PUI/31 SOIInd Mu~ Lifting Aaaoclallon ALL RIGHTS RESERVED COUNTER OFFER NO. J ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT All terms and conditions of the Real Estala Purchase and Sale Agreement dated __ /c--+ i J V I ,.: /\ / /2 between t L /, (l~, '1 t ii I '_~_~_H ~-J :~ ~ ')" ~/ t. ( U ( L -J- ,^L.r:rf\, ') and ''1 0' . r" ...::- ' { '---.. _I ,19 q tf-' ('Buyer1. ("Seller") concerning the purchase and sale of: {"the property"] are accepted EXCEPT for the following changes .1 ~ P The purchase prleeshaU be $ (13' -I, :S~) f) rJ!l 1'1 f /'[ ''''/ \..,f\, LL It (\J ( I ),~ _~ {{i /'r'-- '1 I ,If !. I' "-...J.L .. l ;'I..f L' I ll\.l '-' l ,payable 0 as in the above offer; '16 as follows ~1lt{ 'C/'JW~j -to ~.l U net/ail/I.. , -Iu ({ I /il vi " I i :-1 -f :. 1 tA.-t' {, o C). (jj~ I If /).~ ~j (I tfi~ fd--. 1 [,1 /u ell/it.: /;. J l J 11: ( \--..J. (I I .,.. r'; '[1 .J i, J~) i I /. f /1 i 'I} 1\ / . I ' / ) /. I- ( .', I I 1'1 l. i. f., 1).1 \.. /LI q '] itJ ll. /) II (L Il/ Iv (if. {111.V I: ILl J "/1 fUl.-{... t\ .!t. I .~ . Vi..... I II. .," .;J"V{ . f.{- I ,-" ..... p_ Other I L pi t. ;tJ ('\.A:" J ,{ tvllrk, / . 1 ;.. . r. t:;- / I / {' /." 4/-.. (1(.(' {/ ~(l {f{~ "~ ,'J tf/fL. ._/ C 1- U(j ~}1' Ill.! '1k " j I 'J ,. ;( l- ,( J/41., 1.1 (J ll{ -t:'j -fr j ,/ill ,I {if! f: {C---1{1 il! tt t /f I Sf itr II ./)C1)I.l{ i?fl/n If( {1i~L/)\.,; (j,af ,/ # ;(')(, ' I' I -I I I (-i '(i (t J IV (1/~...iL /J) '- P Ib~.u,n (1 ' 1/ v (1,1.. ..l iA.:v v -I ()J . . //;-11(1--/ 1 / ff,rt L L. ('.-- J It, ',Lt t L C ill,! {f ~.te({d fA- ,. ,..f , .. o Buyer 'ei Seller SHALL HAVE UNTIL 9'00 P M' ON I.. i ' 1 J (IF NOT FILLED IN. THE SECOND DAY FOLLOWING RECEIPT OnHIS BY OR AT THE OFFICE OF THE 0 SELLING AGENT OR 0 LISTING AGENT) TO ACCEPT THIS COUNTEROFFER, UNLESS IT IS SOONER WITHDRAWN ACCEPTANCE SHALL NOT BE EFFECTIVE UNTIL A SIGNED COpy HEREOF IS ACTUALLY RECEIVED BY OA AT THE OFFICE OF THE 0 SELLING AGENT OR 0 LISTING AGENT IF THIS COUNTEROFFER IS NOT SO ACCEPTED. IT SHALL LAPSE AND THE EARNEST MONEY SHALL BE REFUNDED TO BUYER All other terms and conditions of the above offer are Incorporated herein by r.ference aa though fully ilet forth. t.... DATED ( . ' 19 I . c -'(.~;.;\)-G~ ~.....~~~:~ {..... t.J.", Eii BUYe:ti~:r~->~ ~ ~ \ ....' .. ~. ~, o Buyer 0 Seller THE ABOVE COUNTEROFFER IS ACCEPTED BY 0 Buyer ~seller ON jJ.e c. dJ~). "c,f , 19!1!1- I,]' J. / :..tJdj~;h"" C/, /\~<LU..-// ~ C'v.~'~ 1'-. . "\" " '''~~ (~J\ r--.~.. '........ , i {I l{: } )\ I . , ", ~ I \ \ ~. AGENT (OFFICE) J I (1./('<.\ I LL t i ,.(/ o. It I. . '.. s. "II . ,... . . I f I ~ 1') " '. o Seller, WAS RECEIVED AT,". ..I It .M.ONj !. C.i", #J+tll , .I I . II. i I .II .: L _-JI, - .19~ A COPY OF THIS, SIGNED BY THE 0 Buyer -'I tL I. 1 ~ . Y-o Buyer 0 Seller ACKNOWLEDGES RECEIPT OF A SIGNED COPY OF THIS COUNTEROFFER ON .'. (",..-. ~\ \ ~'~' \ "..., \, \ \, '....... \,\.\. - -~~_"'h,___ C_~~~~_~'T~~~~/ ~' ~~ ~~ \4\~"'~, '-.,; ~~>-.... (only one signature required) ~ r' . . J'~ , ' I~' 19-4- ---;-r 6 ~ . ~ r' ..; , 'vI .,) j I (,. p91ep lUaWe9J6v ales pU'e aS1HloJnd 94l lO lJed e S! 6u!MOIIOJ alU P81UBJE> UClj8S!UJJ&d a3^t:l3S3~ SlHDIH lW UOP8!OO1IV DupIn &ldplnw punog l&llnd 068L l~alJ~dool) ...--. .6I<H p&^oJddv &l 'ON UJJO,:j 01SlV'j J..LNflOO NOLSHIlHJ. ~ lN3W33l:1DV 31V5 ONV 3SVHOl:lnd OllN3WON3WV/wnON300V between 'l I ! l II -.. . .~-- '.- .. ~ ".. -' -----.- - --- , ("Seller") and I ~ \ ~ I I ....\ ......"" I \ ....... , {"Buyer"} IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS / ) I, ! \. , \) I \ 1 ~ LJC, ~t. j ( ' I '\,L \ \ \"-. t I' -, l( \ i I \. .1 , r i . I , ., + ~ t~ I \1 1- \ \' I.;- - , LI..,. 'I I l . I j. ~-, i 1 \) , f~ \ i \ f t\.J ., o " I, ~. Y , I I , ! \. ' \...... ,q ). . - t it Ii! I fi \...\ U '-.-. .f' l I II. \... \ . I' , ;\ 1\ , .!, f I .. -\ t '. j ~ t \ "f J , \ J L :_" t I , r ~ I.' I.. ~~ t . '\.. \ ( t t, L .J 11 J /l " \ ) \.. i l ~ : ( I , I' ,. I I \ I , I f Ii 1 ! "~ i ( \ (1 i \ -i " ~ i i , \. '- t \. I I. ,{ " l \ I \ 11 ,.( I h \. t , I 1..1,. 1 r .~ I I (\ ! I I ... \ I \ I " ~ I, q , ..l.....- , . \ , \ i " I h.,.." J ',1 ; I I ( . \.\ \ f' If L., , t ,.; 'i' 1\ '. T 1\, I \ \ I, (\ \ \ l (\_ \ \ { ( \ I - ,; /1 \ 't ( '! \ { r~ (I, ~\_~ I I : I : , i ( ( (l .~ . ,~ .; r\. f' f , f -I '! i l : t.f ' ~ .... . ( i ~l '- ~ '-,- I . 1\ / < I , (' t ~r:) i 1 .,. I t I ( ( t \~ i... I I ~ \ I .~ I, " I , ,. , 'I t ~- t): /', ! I;; f.~ ~Lu- ~I \ ( ! 1,\( ., -) ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. ~", ~.. \ ~, ' Buyer' " , _. Date , 19 ~ Seller- Date. ,,," I 119~ Buyer' Dat9. . 19_5eller By' 1:<, I t tIC. ' Date. J~( C." y.' t. >- I ,19 Agent (Office) (; , . . ... --- ....- 'mm THURS10N COUNTY MlSTC Form No. 13 Approved 10191 CCopyrlght 1880 puget Sound Multiple lilting Aaaoclatlon ALL RIGHTS REseRVED Permillion Grantad ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following Is a part of the Purchase and Saia Agreement dated 1 f I \!) ".. , 19 Lf'f '- between \..1 n \; I-I! .'), \.. (I ' i ; i (\ ii, " ~ l \ l L i (i ( 1'__ , (-Seller-) and ~~' \ . ''.\, \.. "1 i I .. . ! ~ , I; i f ,\ ' ,'I. j\_ b ~J , (-Buye""). 1. ( IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS. I nl i .' , " i " I I Yt. i__. b..L 1 ,) , I' f~' \l i, \ ~~,.. \ _ . .i J t , ,. , ( . ! t t \F/ /' I i \4 ~. l ~.L- L " \ (t i )\r ~ j , I l \ I.. \ .....i.. _. II r'j. I i i f' \ f \ II. I ~, { i ~ t { q I. .\.. ~. , \ I , ~ t~ ,\, ,-- , "- -- ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. ~~~ 1\ 4 <:11::. I.d. Buyer' ~.' ".~'''G Date. _~, 19J..:.LSeller;t,kI....._.V e-- Buyer' - Date., 19 _ Sellar' h \ l-:' '. ., I Date. / - ..y , 19 ..z.s: .pate' .19 .'. Agent (Office) __ By' .~_.. f:~ '" ... ) .. t, . _ CREATIVE HOMES INC. r . P O. BOX 1206 PH. ~58-7312 ." ~ YflM, WA 98597' I'... . d;) /.1:> . - , -- ._'[,~--- " PAVWTHE. -z:: _ "},1 I . , ~F , C;SClZt:lld ,W-.UT ~ ::1ijpJj{()/JiIlNb ~tn -~M~~- -~~~:~~ -- : .'1'KAllUt Sf:CURm BANK. . 601 YEUd A~ EAST . YB.M. W~ON 9159'1 . ( IJIl6I.Ut-tANK , . . . fOR ; r 11100 b 2 ~ .. II~ '.: ~ 2 5~ 0 800 ? I: _.--.:.._._~-~ .- p- .~ .".Co , ".'J . I~ ~: 6244 98-800/1251 "19f <t ;?~ ~ III1IL"R<; 3~?U,o~fa:~#iz~ ..- " ! ~ ~; ~1 ., :> ~ . . . " ..; <> SELLER'S CLOSING STATEMENT Escrow Escrow Officer ESTIMATED 5962 Pam Skillman Order Date Closing Date 145850 5/18/95 5/26/95 ESCROW STATEMENT OF WILLIAM J BROWN, KATHRYN J BROWN BLTYER JCH DEVELOPME~~ property Address 15130 HWY 507 SE, YELM, WA 98597 ITEMS DEBITS --- CREDITS TOTAL CONSIDERATION DEPOSIT HELD BY SELLER NEW Deed of Trust TO WILLIAM J BROWN 234,500 00 6,500 00 200,000 00 PRORATIONS/ADJUSTME~~S County Taxes, TAX ACCOUNT 21725120000 CURRENT YEAR TAXES AT $1,459 28 County Taxes, TAX ACCOUNT 21725111000 CURRENT YEAR TAXES AT $491 12 FROM TO 5/26/95 7/01/95 143 93 5/26/95 7/01/95 48 44 COMMISSION(S) LISTING BROKER C-21 THE PROFESSIONALS COMMISSION Debits to Commission SELLING BROKER: WINDERMERE REAL ESTATE, YELM COMMISSION Debits to Commission 8,207 50 4,103 75 8,207 50 4,103 75 TITLE CHAP.GES TO TRANSAMERICA TITLE INSURANCE CO OWNERS POLICY FOR $234,500 00 SALES TAX Recording Assignments 800 00 63 20 14 00 ESCROW CHARGES 340 00 26 86 Escrow Fee SALES TAX Septic EXCISE County County Cert TAX Taxes, Taxes, ADDITIONAL DISBURSEMENTS to ECONOMY SEPTIC SERVICE 945 54 , , ~ 1~\(>A'lr~3, 587 85 TAX ACCOUNT 21 725120000- ~'t) ~ I Nq ,,J.. '-:> 729 64 TAX ACCOUNT 21725111000 -!-\OLD ~Of-..ltr \j~1 F>(!ATI1'1..J295 56 TOTALS $ 13,182 22 III 1,01 4'). 242,899 87 $ 242,899 87 BALANCE DUE YOU {j)./~~~ ~~ WILLIAM J BROWN f\ ~~_ ~ ~~~~.- KATHRYN J BR r-" ! 1 PLEASE TYPE OR PRINT . PLEASE SEE RE.VERSE ....-...." v/ This form is your receipt when stamped by cashier. REAL ESTATE EXCISE TAX AFFIDAVIT Form No. 84 OOOlA CHAPTER 82.45 RCW CHAPTER 458.(i1 WAC For Use at County Treasurer's Office (Use Form No. 84..ooolB for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue) TffiS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED a NameWILLIAM J. BROWN, KATHRYN J. ClC ~~ Street15130 HWY 507 SE ~~ c" City YELM StateWA zip98597 ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE Name JCH DEVELOPMENT PO BOX 1206 Street B ~ffi =~ c N JCH DEVELOPMENT ante StreetPO BOX 1206 City YELM AL~ TAX PARCEL NUMBERS StatN/A Zip 98597 :~~~t4fyW~::~Ft 21725120000 21725111000 ",.. "... .". ,. ,'., :" r II ~:. 'i':' '(; '. r ~ yt' .'., '::; :!:~}itr:nr;(}I.l;[~ >. .. ."..., , ..."....',.., . " .,.,..,.. ..'.... ,...,....,.'.,... "..'.'...... ) 1)'1'( :((). ;(!<I:( ),!))"(L: ~1~frl;lt((((((I:!;li?;!:~;~;~~~~/:::~:i~;/' City/StateYELM, WA Zip 98597 1.1 LEGAL DESCRIPfION OF PROPERTY SITUATED ~XJ UNINCORPORATEDT.HI1Q~'T'()N Street Address (if property is improved); 1 I) 1 1 n HWY l:i 0 7~ R , Y RT.M . tAlA .... ,"'f. COUNTY 0 OR INCTrY OF qBt;97 PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO. BLA-0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 8712160045. SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. Ills this property currently NO xx II Description of tangIble personal property if included in sale (furniture, appliances, etc.) I certify under penalty of perjury under the laws of the state of washington that the foregoing is true and correct, Signature of /' .t:? Grantor/Agent)(. LL11d<A#_ 1 IC1--7t' .h-../ Name (print) C/ Date & Place of Signing Signature of Grantee/Agent Name (print) Date & Place 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 (IC)) ., , YES o XX o XX Exempt from propeny tax as a nonprofit 0 0 organization? Chapter 84.36 RCW XX Seller's Exempt Reg. No. _ _ _ _ _ - _ __ ~eiving special valuation as historic' 0 x0 property under? Chapter 84.25 RCW Property Typ~ XJ land only o land with previously used building o timber only Classified or designated as forest land? Chapter 84.33 RCW Classified as current use land (open sJace, farm and agricultural, or timb.~r)? Chapter 84.34 RCW o o o land with new building o land with mobile home o building only Principal Use: 0 Apt. (4 + unit) o timber 0 agricultural o other II (I) NOTICE OF CONTINUANCE (RCW'84.33 or RCW 84.34) 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 land, the new owner(s) must sign below. If the new owner(s) do not desire to continue such classification or designation, all compensating or additional 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 time of sale. The county assessor must determine if the land transferred qualifies to continue classification or designation and must so indicate below. Signatures do not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the compensating taxes will be applied. All new owners must sign. This land 0 does 0 does not qualify for continuance. o residential o commercial/industrial Date DEPUTY ASSESSOR (2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW) If the new owner(s) of property with special valuation as historic property wish to continue this special valuation the new ownerts) must sign below. If the new owner(s) do not desire to continue such special valuation, all additional tax calculated pursuant to Chapter 84 26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE FOR TREASURER'S USE ONLY COUNTY TREA..liURER FORM REV 84 000lA (12-93) (PD 12-17..93) None If exemption claimed, list WAC number and explanation. WAC No. (See/Sub) Explanation Type of Documenftatutory Warranty Deed Date of Document' 234,500.00 Gross Sale Price $ Personal Property (deduct) $ Taxable Sale Price $ Excise Tax State $ Local $ Delinquent Interest: State $ LA>Cal $ Delinquent Penalty Stale $ Total Due $ __ THERE IS A $2.00 FEE FOR PROCESSING THIS FOR.~ IF NO TAX IS DUE ~j4,=>UU.UU 3,001.60 586.25 0.00 0.00 0.00 3,587.85 II AFF'IDAVIT tJ JUL-30-1993 12:07 FROM TRANSRMERICA TIT~E-OLY TO 12064588967 P 01 .STATEMENT OF IDENTITY (For uae of Tranl.merle, Title Insurance Company) FIRST PARTY 1.. , J h 0.. ~ FIA$T NAMIl :s (t VV\. p <: Mll)DUi HAMil (If Non., Indlollte I MAIOSN NAME (If None. Indicate) BroU-Jp l.AST NAMe SECOND PARTY Date of Marriage,. ,.. TO be filled In by First PartY d> / 10 /43 - I ' -? LLQ... ~ l fJ } ~ () 1 q to ~_ J5130 H ~'-I ~5o I S (. ~ Q.. \ Y'v'-.. \...0 0... 9. g S'f 7 3f'lJ. Q.\..( D (' t -.)..t:l of-- $Q..\ ~ [""'-.9 ) tl '1 " ~ s- :<,0 - &,,3 To be till9d In by $acond Party :J-I/{ /4-(P , ~ c \'1" i IV e. 0... v.,. I l\ \ n /95& Date of Birth Place of Birth Have Lived In This St61t. Since Occupations-Past 10 Year. . 15130 f{w\.f ~ e. \ rn. \..0 0.. SU <{Q\"'-V i~or 50 I S [. , ResrdenC4lIll-Past '0 Years, , 985'17 Place of Marriage ... . . , . .s II '\ryo, ';-....tl .(' \..va. .8 - 30 -(.'73 _-;; U YY'. N .c (" -'- W c. Previously Married to , If ~ I'fIMlUSlY MMRlD. WIIfIt "tlQlEi Date and Place of Death. ^, C ^' f AJrJ/V r::::.. Date and Place of Divorce Previously Married to , Dat$ end Place of Death Date and Place of Divorce Social Seourlty number S;)..l-f)J-5713 53{-4~-l(13 Dated ~ Ct... A I g ~ . , 9..512: SlgnatureJd../.4;'--<1 d A~ Slgnatur. .K 0la:a~r - ~ {~J\ .A~ J~ "Thanks for giving us the above Information. It Is nee.nary In the completIon of your real e!iltate transaotlon and will help us to glv9 you better $ervfo(i by eliminating delay cauaed by lack of Information or by rt\atters affeotlng e>sfSOn$ with names similar to your own. The facts you have given wlll be considered oonfldentialllnd not for public record. (See explanation on baCK of this form.) FORWARDING ADDRESS AFTER CLOSe OF ESCROW' Q 0 ~ ()~ ~"Ul "'611'0" e,:A ....Q \ 'fr--. \...J...) C) I~B~ 9&51/ $1.'" 41~ Cod'. Policy No. __._ escrow No. Trust No. _ TOTAL P 01 ~~.. ~(]0 THURSTON COUNTY EXTENSION AGREEMENT FOR CLOSE OF ESCROW The undersigned -lAg;L~ ~ Q/u1 IJL end the undersigned ~ ..... ~. ~Jh---- having heretofore executed a Real Estate Purchase & Sale Agreement /I dated ~ I \0 , 19!1.!l.-, regarding the real property loceted in the C~y of ~ countyof-:(\vl~ ,Stateof (J~, commonIYknownas,-1SI36 ~LSJL1- O/.lC~TAJ Purchaser Seller, ~110 hereby agree to extend the period for close of escrow until midnight of ~L , 19~. Other dates set forth in said Real Estate Purchase & Sale Agreement shall be extended as follows fuA.~jQ 6- ~t~~_ ALL OTHER TERMS AND CONDITIONS of said Real Estate Purchase & Sale Agreement remain unchanged DATEO- 5/1 ry I q ~ DATED- S - / s>- ? $. Purchaser- ___________ Seller- tr )..".i/.,.:....... ~ ~.IO_h""" Purchaser- Seller- ~~~ Se:!ing Agent:~; ~ Listing Agent: _________ MlSTC Form 14 APIlI't7"8d 5Iffl RlIVllIGd 1/91 Promissory Note (monthly installments) .' '" ~'C.\".'\i" ~ :~~ #" '~.J~:"J:../~ J ..... 0' $200,000 00 t/J"aY.A~p" if ~ ~~"'^\ ~~ Escrow Number' 5962 FOR VALUE RECEIVED, JCH DEVELOPMENT promise s to pay to WILLIAM J BROWN AND KATHRYN J. BROWN, husband and wife or order, an.~~ ~JAy lj;J~~LM., WA 98597 the sum of NO HUNDRED THOUSAND AND NO/100 Dollars ($200,000 00 ) with interest from MAY 1995 on unpaid principal at the rate of SEVEN AND ONE HALF (7.5000%) per cent per annum, principal and interest payable in installments of ONE THOUSAND TWO HUNDRED FIFTY AND NO/IOO ($1,250 00 ) or more on the 1ST day of each SUCCEEDING CALENDAR month, beginning on the 1st day of June, 1995 ,and continwng until SaId principal and interest have been paid. ON OCTOBER 1, 1995 A PRINCIPAL PAYMENT OF $25,000 00 IS DUE AND PAYABLE, REDUCING PRINCIPAL BALANCE TO $175,000 00. MONTHLY PAYMENT OF INTEREST ONLY TO THEN BE $1,100 00 PER MONTH, BEGINNING NOVEMBER 1, 1995 BALANCE TO BE PAID IN FULL 36 MONTHS FROM DATE OF RECORDING THE DEED OF TRUST SECURING THIS NOTE A LATE PAYMENT FEE OF 5 OOX WILL BE DUE ON ANY PAYMENT MDRE THAN 15 DAYS LATE IN THE EVENT OF A DEFAULT, THE UNPAID BALANCE WILL IN CURE A DEFAULT RATE OF 12% Each maker executes this note as a principal and not as a surety Each payment shall be credited first on interest due and the remainder on principal; and interest shall thereupon cease upon the prmcipal so credited. Should default be made in payment of any installment when due, the whole sum of principal and interest shall become immediately due at the option of the holder of this note. Principal and interest payable in lawful money of the United States, If action be instituted on this note, Maker agree s to pay such sum as the Court may fix as attomey's fees. This note is secured by Deed of Trust of even date. JCH DEVELOPMENT JOHN C HUDDLESTON, LPB-25 I\t~ r'KlJ\j~u ~ ACt.e;PY . U -f, r k ~t\v,--,-~<~ ~~ f#,~~- '. 's Use FILED FOR RECORD AT REQUEST OF Escrow West AFTER RECORDING:2 Name WILLI J. BROWN Address 15~HIGHWAY 507 City, State Zip YELM, WA 98597 Escrow Number' 5962 DEED OF TRUST (For use in the State of Washington Only) THIS DEED OF TRUST, made tills JCH DEVELOPMENT day of , between , GRANfOR, whose address is PO BOX 1206, YELM, WA 98597 TRANSAMERICA TITLE INS~~CE CO whose address is 2625 Martin Way, Olympia, WA 98507 WILLl&~ J BRO:End KATHRYN J BROWN, husband and wife e> -:eO?(" I a'5 b whose address i~ 0 liICIIWAY 507 I VELM, WA 98597 WITNESSETH. Grantor hereby bargains, sells and conveys to Trustee in Trust, Wlth power of sale, the followmg described real property in THURSTON County, Washington. PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO BLA-OS26, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED l~DER THURSTON COUNTY AUDITOR'S FILE NO 8712160045 , TRUSTEE, , and , BENEFIClAR Y, SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON whIch real property is not used principally for agricultural or farmmg purposes, together with ail the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertainmg, and the rents, issues and profits thereof Tlus deed is for the purpose of securmg performance of each agreement of grantor herein contamed, and payment of the sum of TWO HUNDRED THOUSAND AND NO/100 Dollars ($ 200,000 00) with mterest, in accordance WIth the terms of a promlssory note of even date hereWIth, payable to BeneficIary or order, and made by Grantor, and all renewals, modIfications and extensIOns thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of theIr successors or assigns, together with intere.st thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, Grantor covenants and agrees. 1 To keep the property In good condition and repair; to permlt no waste thereof; to complete any buildmg, structure or lDlproven about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroy with all laws, ordinances, regulations, covenants, conditions and restnctlOns affecting the property 2. To p,ay befo~e de~quent alllay.fu11ax~s, and as!j,essments upon the property, to keep the property free and clear of all otheJ encumbrances lIDpamng the securlty 0 this Deed ot Trust. 3 To keep all buildin~s now Qr h~reafter erected on the prOlLerty desl;ribed herein .<;ontinuou~ly insured agamst loss by flte or 0 amo~t not less than 1heJotal debt secured by this Deed of TJUSt. All policies shall bMeld by the Beneficiary and l5e m SUCh payable first to the Beneficiary, as it~ intere~f may ap;pear...an then .to tpe Graptor. T fUDOU.nt collected apP'hed upon any ~( secured In sJ.1ch order ~ the Beneficiary shal determme. ~.l,lcl;1 appli~tlOn by the BeJ}e Clary shall I)ot cause discontU).u3J1ce ot tpre.close this Deed of Trust. In the event of foreclosure, aU nghts of the Grantor in msurance policles then in torce shall pass [I the toreclosure sale. 4 To defend ap.y l\ct~on or pro~e~ding purporting to affect. the ,security herepf or the rights or pOiVers pf Beneficiary pr Trustc<e, a and e~.enses, tncluding cO,st ot title ~~ardi and attorneys fees 1D a reasonable amount, m any such actlOn or proceeding, and 1D a Beneficiary to foreclose this Deed of Trust, LPB 22 Page 1 of2 5b1o Day all costshfees and e~enses in connection with this De~d of Trust, inCh,ldin2: the expenses of the Trustee incurred o ligafioD secured ereby and Trustee's and attorney's fees actually mcurred, as proVldecfby statute. 6. Sltould Grantor fail to pay' when due any taxes, asseS$.If!lnts, insurance prem,il,.Ul'}.s liens, encumbrances or Qther charges aga h~re11;labove described, Benelis:iiU'Y JIlJiY pay the $aD:l.~, and eNllount so patd, Wlth inlerest at the rate set forth m the note secure added to and become a part of the debt secured m this Dee of Trust. IT IS MUTUALLY AGREED THAT' 1. In the event any pQrtion of the pr012e(ty IS taken or damaged ip ilP eminent dQmaiu gtoceeding, tb~ ep.tire ~O\lt\t of the award may be necessary to fully satisfy llie ooligation secured hereby, shall be paid to BenefiCIary to be applied to saId Obl1gation. ~l By. accepting gayment of any SWJl sec1lf~d hereby.after its due date, Beneficiary does not waive its right to require prompt payr atl oTher sums Ii secured or to declare default for (aiIure to so pay 3. The Trustee shall rekOpvey all or any part of the nrQpertv pov~red by this Dec:d of Trust to the 'person entitled thereto, on yn-itt Grantor lllfd the Benet1Clary, or upon satisfaction 0"1 Hie obligatIon secured and written request lor reconveyance made by the B person entItled thereto. 4 UpoP defa..ult by~;rantor jn the payment of any indebttdnes~ secw:ed h~r~bY..9r in the perform~e of any Slgreemen~ containe ~cured her~by :ili unmediately oe~ome du~ ana Plly,ab e at the outI-9n ot the B~!leficiary. I:~ event and UI1QP wntt~n requ Trustee shall sell ~ trust prop~r.tv, mJlccordanc..c1 Wl!b t e Deealld 0"1 TfUS Act of th~ St.at of as' on, at uol1c auction to tl Any pers exce t T: tee m .y bid at Tr stee's swe. "iru ~e 5..,. ap Ily t e proce ds f. e s e 0 ows: ( to t e exp e of a reason~p Tr~~\ee~ee ana attorney's 1ee; (2) to the o~Ugation seC~e~bY this f)eea o~Trust; (3 [~surp~s, Jh any, st~ be persons entltled thereto. 5. Truste~ shall de1iV~ to the purchaser at th~ saJe its d!,d, witho\lt wau~ty,bWhich~hall convey to the p,urchaseJ' the int~rest ill t Grlql~r had or had e power to cot\vey ilt the time of execu~on of I s eeq pI Tl~t, and ~uch as he ~ay haVe{ sqUlfpd the deed cite the ctli showing tha the sale w IS con uc cd m COJIl an Wlth all e re wrem ets 0 w and of th1s Dee rep.t sffaIf~e prima iacle evidence of such comp~ce ana concluslvf evi~nce thereo in ?f.vor of bona ~e purchaser and e value. 6. The power of sale c9~erred by this Deed Qf Trl15t i\D.d by the Deed of Trust Act of the State of Washmgton is not an e:l BenefiCIary may cause this Deed 01 Trust to be foreclosed as a mortgage. 7 In the event of the <leath, inc;ap\lcity, disability or reSijlJl~'On of Trustee. Bet\~ficiary m~'LapP'oint in writinlta successor trust r~cording ot such apPom.ttpe~ m the mortgage recQrds 011 ~ co~tv in "(blch thIs Deed of Trqst is n~cord~d, lh~ success~ trust WIth all powers of thl: ongm ~f)1Stee. The trustee IS not 0 gated Jb .Pgtity any party heret9 of pendmg sale under a,py ot er De any action or proceeding m w lch Grantor, Trustee or Bene Clary shall e a party unIess such acnon or proceeding is brou t by t 8. TlU$ Deed of Trust appli{ts to, inures to the benefit pf, lUld is bindin~ !lot only OJ} the partje:; hereto, but OJ} thei"r helfs, d( admlI1ls.tratQrs, ~xecutors and asSigns. The term BenefiCiary shall mean tlie holder and owner ot the note secured hereby. whethe Benebclary herem. JCH DEVELOPMENT APPROVED & ACCEPTED XaJd~~ cl6~ )< ~t).~~_ ~ ~ , JO~~ C HUDDLESTON, STATE OF WA County of THURSTON ~ SS: On this day of May. 1995 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN C. HUDDLESTON to me known to be the individual_ described in and who executed the foregoing instrument, as General partner - of the J CH DEVELOPMENT , a Limited Partnership, and acknowledged to me that he free and voluntary act and deed for the lIses and purposes authorized to execute the said instrument. signed and sealed this said instrument as his therein mentIoned, and on oath stated he is Given under my hand and official seal this day day of May. )..995 PK SKILLMAN Notary Public in and for the State of WASHINGTON Residing at OLYMPIA My appointment expires: 5 - 9 - 98 REQUEST FOR FULL RECONVEYANCE Do not record. To be used only when note has been paid. TO. TRUSTEE The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of TI together with all other indebteciJ?ess secured by said Deed of Tr~t, has been fully paid and satisfied, and you are hereby requeste payment to you of any sums owmg to you under the terms of sllJd Deed of Trust, to cancel said note above mentioned, and all c mdebtedness secured by said Deed of Trust delivered to you herewith, together with the sald Deed of Trust and to reconvey WlI the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder' , Dated ,19_ LPB 22 Page 2 of2 ..,J"'" 'rnmhUlJlry N ntr (STRAIGHT) $..4...10.3....7 S. ... ............ ....... ..... ......... .......... ............. ....... Q.~.~!? J?~.~. . ..+......J9..??... ...... ......... ....... ............... .......................... ~J..11J.N'.1.....J..!....~.~.Q~...~~~...MT~~~~....J... ~~9~.~....h~.~:b..~~c;l 'CENTtJ1ty"'11"'TRE:"'Pl~OFE"S'S"toNALS'. J1~Y. .HL...... 19 .9.5... .lIfter daft., without l:1'll'e, for valut' ft-cel"".!. a~c;t '<J~J.e; .promi~l$.. ..It. pay tll nr order, at......p..~~ce 4~~J.g~~~e~tJ?y. Note ~!?~.4.~!... the sum of F9.y.~..:~;~QP.~~...9~~.,.gpNDRED THREE;. AND ?~./100THS (~~ ~J9.~.~}?J:-:.------ DOLLARS, with inlelestthereon :It the mle of Q..............per cent per annum from date hereof, paynhll:....j,n...tM.1.J,...1,.!.P.QT.\..J:'~c..lil,;I..P.t. .Qt. Principal and interest payable at the office of .at If any interest shall remain unpaid after due, this note shall bKome due an J plIrllb1e at once without further notice, at the oplion of the holder thereof This note shall bear interesl at the rate of twelve per Clmt per annum afler maturily or afl!:r failure It, pay any .nlere$t payment, ant! if lhi~ note shall be placed in the hands of all attorney for collection or if suit shall be hrouj:ht 10 collect any of Ihe principal or interest of this nOle I promise t;) pal' a rea$Onsble attorney s (1:1:. Each mnker of th,s nOle executes the same lIS n prindrnlllnd not ~s 1I surety * principal reduction payment by the makers herein on their Promissory Note with JCH DEVELOPMENT. This note is secured by Assignment of Deed of Trust of even date .a2.a1.~........c1~......."'''''''''''''u"" .~.~~.~"t-.~...i~~................u........... Form 3146-1 :/x .' t~Y;~\' (.~~~"$:'4:f ...:;J~'ll:!! ;,:{r~!(~ f;;){~~:.:': ~~" : !~ffi' ,". .m' ,tL'" .Jl1t .,!t. '~\~~i:.:~~.~~ I :'~;h~'XJ' ';(lU':'r',~ '(~b;. t'.... J~~r.'~\;L'~ ...W\)tiJ"!;:" ,,(in....... .~r~:~ l'IVt.~... "V)(,~~ .q*'{, 'I.~:;...; U.,I, :~l;(~~~f!. ~ ~i~;~~".~:' "tI.. } '~"'.r"~' .,q f..~r . ~.~:/>'.t f'~)~~~~~'" '.;.:.~~!~:"t/ .:~f$:::-:f, ...,.l,,'f...',~, l;;'!~~~:r ,'#1~V:~:' I"'I'~~;'(I'~~~ ?)~f~~. '. '~, ~~~!. ~ r" H ~,=.... ~'::f.- '1, Tral188miBl'ICa T,tlalnsuranc8 Co . 1:1~:~~:,;~~W ,~ai!~:l~;\l: .~v 1a1',~. '~I~: ')) , '~; 5~ f j.. .\'. "'~~"'~'51' t~$:~{: ~~:: ''1'~;:: ~~. ,}~,:;,\O:~' 1>>).' .~. . I. ~n,. .'t "'l"'~;' ~l~~~(, .;:t '/I'~:!"I' .~r;:'tli:, .. (l1J;. ~ llt( ~ I d ,.,ifil, ~. " . ~~l~'m~r ' 1....~~:..>.. }...l".\~ 'i;~(,;'i'. :,'j' '~~!~:I~I'. ;~;~;;ji;~.;' i:'.~I~l' I!~ ";II>~('f<' . ~;~' ;:i~~~l:' l,~ ',I :J~<~ ~ .,~. ... ," r:.,- rj; ~ 'li. ~(;! ~ .l 1'" " .~,~. :~.( .. .... ;'. ,., I' .~} .;~ ~ ~~ '. \ ,. · .r ,! ". ~"':: '~~i ,- ,i'$:. ~:.(t)'l '~}.M ,~~\>;(::;~;~; ;;j~~I"."l :S:itl!\lr,I' .., "'~ ,:-I,' ~~~;l '1l1" ,~:{r,...~,,~ ~~1~ .. ....~,..r~; '/~:'~ I ~ ~:~, .".. , .,.., ,~ ~' Jrl1Uti1isnry N ntr (STRAIGHT) $..4,,10,3....1.5 Q~.t;.9.J?~.;'.., J.f. ..J~.~ 5 W:q,.:L1N1.. ,J.!... JH~9.Y'lli ,M,~y'. Ut 19 9,~ .llfler <f~t{., without i:ra({', for valul: received. ancL M'I,'.m:~x~...J.~....~~Q~.L.hu~.b?p.d a~.g ~U.~, w.~.'@~~.~...L.y'E;~... lit urdt'r, Rt......P..~!:l~~....g~~~.g~!:l~ed ~y... Note Holder th~ sum of FOUR THOUSAND ONE HUNDRED THREE AND 75/ 100THS ,<,~4 ~J.Q}'~"?'?)::-:-:::.....---- .DOLLARS. with inte-r~sl t!lt'reoh ill :he /'lI1~ of Q..............pet ct'nt per annum (rum datt' h~rt(1f, p~yablc:....j,tl....fM.'lJ.....u.P..9.p... I ~.r;;.e.i.p.t....o..f. Principal and interest payable at the office of ,R!.......... Jf any interest shall re-main unpaid after due, this nole shall bt;(ome du~ an" paj'able al once wi/hour furtht'r nnlin', at lh~ <lpllOn of tht. holder there<>f This nott' shllll bellr inlerest at Ihe rate of twel\'~ ptr Cet'lt per annum afler mllturjly Of after flliture 10 pay any intefest payment, and if this no Ie shall be placed in the hands of an attorney for cnllt'c!ion or jf suit shall be r.rou,L:ht !o collt<t any of the principal (H interest of this note I promise tll pal' a reasonable atlurne)' s (t'l: Each m:\ker of this nOfe (:l(ertm:s Ih,' ~am<::l5 a prinCil"aJ ~nd "tit as a surely .promisdL I" pay !o * principal reduction payment by the makers herein on their Promissory Note with JCH DEVELOPMENT, This note is secured by Assignment of Deed of Trust of even date .tIJ~'~".cI.$~u..., Ku~....%_J~.~~, ~~~ or: ":~~~~.:' ."l'""<p\, .~'.\:~I"I' '~~rn 'I.. ~31'l.::~" :"~,al. "< ,. ~~;- .;.t' '~L;'" .'ltl:.:::: (~t~$!;~~,:' f ..'::',rt": 'i.~~til" ~~~~.. ,;;.. ~r( ~"'.. ,"..";, .. ~~ ,\.;. I ,,~,:,'H';7; , ~,~.".~,.:~t' .~:;~~? I ;{J;l'i; , ~~'~~f~;,'~ , .~I,~:"."':..j :~~~..,.~' , ~'t.~ I } .~~. ~~" I ,1'1 f{,:{.?;/~ ...~...'\., -:):'. . .;~.t. ~: :i. "'1l1<;-;:" ;':'\'~"lrri.t, ..~,~~:.:... ::;:+1":';,:(. ,','II. \}lJ'~\.rl ...... ~r.....";', ,.....,.,w. .l't'''''''~,.., . ..:.'.' .!',t!\~::.,,;. :"":'~:;,~':. 1~~(.";;~, :'/S):\ I ":>:i.~;~.', ~ t" ~..' l' t~'r.. '~ l~'~~; ::; ,I rPIIl18SmerID8 TltlelnsuranC8 Go . .!<"j':l?;t')' :~R1i~i~:.;i~;;' :\~;~~f~~Y( <.')mf~;,j, s:-'.~,' "'l,. "~;.(V.,5{l'~i' }~)Y.~' ~(',l' :' II.~II ~~:, 'J \, ~;:~~~ . '~I~'(. .,:'~.~ (~}i "\,,tlu "<YO ~}l~~':~:{(:~. 'l'::"~ :;,," ~;~{~( ~~'\. YI~~""~' '~;""!". ,...~,..!: }"J ~,~(;~;.~i: 1.)~1' "JJ:ii,,>'~l:" :t'J!~:{(~' ,;~M~~! 11l' ,,c:4li ~rf~ ~i ~~.1j!,~t' 1:' :~, . ~~.. ~?t/ . ~.~. ., , ; ()r'~' Form 3146-1 1<'; ~1 .;.:.. \, .. 1, ~; ,. ,. ;i~ r ..,,~ t,...,.11. ..:.'l,'}i.:.,I.\~tJ~''t. ;J~H(>'",)' ~~t'~.\,"~if'(x ~(~"~":P"," .) ..~~:...(t.,~.. ", ~ IIJ.'~;.' 'H\~lrt). ..~ :$:~1011 rot' ,,<:;..,~:>/.. ~5~~I!!;i 1~;!~~~: ,j;! . ,... I;:~. ,;t: { "I"; ".' TRANSAMERICA TITLE INSURANCE COMPANY ......__........~..............._~..~_..~...___~ _'"'w.._ .._~... ~...~__.. ..................... THIS SPACE PROVIDED FOR RECORDER'S USE, j FILED FOR RECORD AT REQUEST OF WHEN RECORDED RETURN TO Name.......... Clly, State, Zip.. ......... .................... m. ........ .......... ......... ..... ......... ................. ................ ........ , , : , . "'............ "'.............. ..... ...................... ""~........ ..... .............-.. ...................... Addr................. Assignment of De.d of Trust For Value Received, the undersigned as Beneficiary, hereby grants, conveys, assigns and transfers to................ ..... ..C.tNIJ.!.RX. .2J.. .'IRE. ..r.w JJ'1.S.S ID.NAL.5............... ..................................... ... ..... __............................... ........... ....., whose address is.......... ........ ..... ...... ...... ...................... .... ,_......... ............ ....... ......., all beneficial interest under that certain Deed of Trust, dated.......... ... ......... ................ " 19 ., executed by..... ...WIllIAM.. J... .JU\QW..Alm..KA'IRRXJLJ.... ..~.~Q}ffl.,...'ft.Jl.$.~~;IL~.. WI, f.~............... ... . , Grantor, to..... .'IRAN..$.AMER.IC.A...T.I'J:Jt~.................. ................... ............................ .... ., Trustee, and recorded on.................................... ......, 19............, in Volume of Mortgages, at page.. ........... under Auditor's File No....... ...... Records of ...................... County. Washington, describing land therein as: PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO. BLA 0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THRURSTON COUNTY AUDITOR'S FILE NO. 8712160045 Together with note or notes therein described or referred to, the money due and to become due thereon, with interest, and all rights accrued or to accrue under said Deed of Trust. Dated. "' 19 .~.(ritj~B~~ry) ByKA~{i~:~~WN(N~~~ By (Name - Title) STATE OF WASH1NGTON } ss ~ ST ATE Ill' WASHINGTON COUNTY OF _ COUNTY OF } :,..' ~-- r ,'cltify Ihal I know Ilr have slitbfactory evidcn.": thar I ,'enit'y thai I kn"", nr have 'a1I.,fa<'lory cvidcnn' Ih,,1 is the pcrsIlnls) who appeared hcf.,rr l11e and s.ud pcrsun(s) a,'kn,''''lrd~e'' Ih~t <lwl,hcllhey) sl~n- ,..I this instrument, on mllh 'IUll~d thaI (hcfshe/lheyl WUS (wcre' auth"rtl.cd 10 CM'cUIC the insrruOlcnt and adnnwlcdl!!ctl it as the (If tll he the rre,' and ""Iunta!\ act "r such party fur the uses and purposcs mentiuncd in the mstrUl1ICnl ~ is the person(51 who appeared btfore me. and said person(s) a~'kllOwlodged thaI (hel~helthey) signed this instrument and acknowledged if to be (his/her/their) free and voluntary lIel for lhe uses and pu rpost's mentioned in the instrument. Daled J)'II<'J (SEAr. OR STAMP} S ignllw"" (SEAL OR STAMP} +;;j~n~llurc Tille Titlr My .ppoillfmtnt clpi~ My ;'pr~omHllI.'nl 1".'\Pll c"; LPB 21 Form 317()..(5 ..... ............. ......~__ M" ............... _n......." _......" .................. TRANSAMERICA TITLE INSURANCE COMPANY . , THIS SPACE PROVIDED FOR RECORDER'S USE: : , , , , , , , . , , , . . , , , , . , . , ' , ' ~...... ...".............-........--...-..-.........--. .........-........._.'.... .._.._..._..~ FILED FOR RECORD AT REQUEST OF WHEN RECORDED RETl,JRN TO Name.............. Addr..s...... City, State, Zip..................................... AssIgnment of Deed of Trust For Value Received, the tmdersigned. as Beneficiary, hereby grants. conveys. assigns and transfers to ............. ..W X@ ~ ~.:R~. .1...1 f:JJoJ.................................................................. ............................................ whose address is......... ... ......................................................... .......... ............ ............ all beneficial interest under that certain Deed of Trust. dated.............. ...... .......................... ........ 19 by.... :WILLIAM.. J.... .:a&QWN.. Atm..~tRR.nt...J......>>.~Q1ffl.,...RJl.$.~~..!.4'!p... Y{J, f.J';....... ........... .............. to..... ....IR.A1$,S.AMf.:&l. CA..::rJ.'J:t.~.............. ....... ................ ........... .................. ......... .......... ......... ... and recorded on ...................................... 19......... " in Volume ..... of Mortgages. at page, ................., under Auditor's File No..................."...., Records of ............... ....... County, Washington, describing land therein as' .........................., ... .. executed .. Grantor. .. Trustee, PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO. BLA 0526. ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THRURSTON COUNTY AUDITOR'S FILE NO. 8712160045 Together with note or notes therein described or referred to. the money due and to become due thereon with interest. and all rights accrued or to accrue under said Deed of Trust. · Dated.. .. 19 uJ~/y~ Jg~ ~ILnXM" J:' .fiiO~...(Beneficiary) BYKA~t{~'~OWN (~~~ By (Name. Title) } " 'iTATE 01' W"-SH1N(iTON COUNTY OF COU NTY OF } " STATE 01, WASHINGTON I ,enil\ thut I KIlOW llr have ~;allsr.,,"lmy cyidenc" Inul I ,'cnily Ihal I know or ha\', "Iusla,'cory cyidcnl'c Ihal is (he persHn(s) who IIppeared before me. and said p:rson(s) a,'knowled~ed thaI (hcl~he/theYl signed this instrument and acknowledged il to be (his/her/their) fr<< Ind voluntary leI fnr the uses llnd plHpc,.es mentioned in Ihe instrument. is the persun(s) who arrcured bell'!" Ille aml saiLl personts) al'kn"wledjtcd \hallh,'lshe/lh,~y) ,i~n ,,,I this instrument. on Hulh slalcLl that (h"lsh.:lthey) was (w,'rl'l uUlhurizl'd '0 l''''l'UI, th,' inslrun",,.,1 anti ucknnwlcdlfcJ il as the of 10 h.: Ihe fr,,' and "oluntar\ ill"l 0' such pany for Ihe uscs an<l purr'''':s mentiuneu in Ihe InstrU!lIent Dated 1)'''<0 (Sf:.AL OR STAMP) Sign.iure (SEAl. Ok STo\MP) '. .C;'ftniHUrC Tille Titl. My .ppoimmenl e~pirc. My uppt~in'IH,,:r.l f,.'''PlfC:'i LPB 21 Form 3 t 70-5 N~e JCH DEVELOPMENT Address PO BOX 1206 City, State, Zip YELM. WA 98597 's Use Filed for Record at Request of: Escrow West AFrER RECORDING MAIL TO' Escrow Number' 5962 Statutory Warranty Deed THE GRANTOR WILLIAM J BROWN and KATHRYN J BROWN, husband and wife for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to JCH DEVELOPMENT the following described real estate, situated in the County of THURSTON , State of Washington: PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO BLA-0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 8712160045 SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON Subject to those items as set forth on Exhibit "B" attached here to and by this reference made a part hereof day of Dated this By tlJd ~~ d &~ WILLIAM J mm By K ~___ ~ (~~ KATHRYN J BROWN By By STATE OF WA County of THURSTON } } 55. r I certify that I know or have satisfactory eVidence that the person who appeared before me, and said person acknowledged that sIgned this instrument and acknowledge it to be free and voluntary act for the uses and purposes mentIoned in this instrument. Dated. Notary Public 10 and for the State of WA Residing at My appointment eXJ?u'es: LPB-IO Escrow No 5962 SELLER'S ANDIOR BORROWER'S STATEMENT The Seller's and Borrower's signatures hereon acknowledge their appl'Oval and signify their understanding that lU and insurance prorations and reserves are based on figures for the preceding year or supplied by others or estimated for the current year, and in the event of any change (or the current year, all necessary adjusunents will be made between Borrower and Seller directly Any deficit in delinquent lUes or mortgage payoffs will be promptly reimbursed to the Settlement Agent by the Seller I have carefully reviewed the HUD-I Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-l Settlement Statement. I hereby authorize the Settlement Agent to make eApenditures and disbursements as shown above and approve same for payment. BorrowersfPurehasers Sellers WILLIAM J BROWN KATHRYN J BROWN The HUD-I Settlement Statement which I have prepared is a !r..w and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Settlement Agent ___ Date Pam Skillman, Escrow West WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar fonn, Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U.S, Code Section 1001 and Section 1010. .".........::::L........ . . .....:... :....... "I. ..... .... .... .......1............... . ... ".. ". :-.' ..' :,':', ,::; , ':::'.::":,:"-",':,::,:: ,.... . '.< ~.~~~R'~~J\)(~I~~'^TI~~:. ;d....d'd.dddd ..... .............. . .......:, ...~...~ ...., Id : SELLER'S CERTIFICATION OF TAXPAYER IDENTlFICATION NUMBER (substitute W-9) You are required by law to provide the Settlement Agent (see block H) with your correct taxpayer identification number If you do not provide your Settlement Agent with your comet taxpayer identification number you may be subject to civil or criminal penaltie~ imposed by law ill the Tax Reform Act of 1986, under Internal Revenue Code Sections 6045(e), 6676. 6722, 6723 and 7203. Under penalties of peIjury, I certify that the number shown on this statemellt is my correct taxpayer identification number 9 c9- Signed: ! {/ ltt.7-,~--~ ~ &tf'~,.---L.__ WILLIAM J BROwK/ Signed: -..J.. K QCt~ 'is ~.r- KATHRYN J BRO~- TIN Signed. TIN Signed. Seller's forwarding address ~ "Box '3?>fo .1.513~ UICJIHlMf 597 YELM, WA 98597 PROCEEDS FROM REAL ESTATE TRANSACTIONS (substitute IRS form '1099-S) The information conlBined below and in Blocks E, G, H, and I is important lU infonnation and is being supplied to the Intemal Revenue Service If you are required to file a return, a n~gIigence penalty or other sanction will be imposed on you if this item is required to be reported and the IRS determines that it has IIOt been reported. If this real estate was your principal residence, file Ponn 2119, Sale of Exchange of Principal Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of Form 4707, Form 6252 and/or Schedule D (Fonn 1040). GROSS PROCEEDS: $ 234/500.00 DCheck: here if the SeUer received or will receive property or services as part of the consideraton. Real property tax amounts reimbursed $192 37 PROCEEDS ALLOCATION FOR MULTIPLE SELLERS When more than one seller is involved in the tran~fer of property, they may elect to allocate the Gross Proceeds between the named parties for Ihe purpose of reporting ~'Uch amounts to the Internal Revenue Service. This DOES NOT apply to a husband-wife relationship or to a partne~hip If the pwceeds are allocated, the sum of the individual a1!ocations must equal the total Gross Proceeds above. Use the space below or submit a separdte sheet listing nam,~, address, lUpayer identification number, and allocation amount. Page 3 of 3 Escrow File No.: 5962 Title Order No.. 145850 Purchasers(s)' JCH DEVELOPMENT Seller(s): WILLIAJ1 J BROWN, KATHRYN J BROWN CLOSING AGREEMENT ~ND ESCROW INSTRUCTIONS For Purchase and Sale Transaction The undersigned buyer and seller (referred to herein as "the parties") hereby designate and appoint Escrow West (referred to herein as "the closing agent") to act as their closing and escrow agent according to the following agreements and instructions. IT IS AGREED, AND THE CLOSING AGENT IS INSTRUCTED, AS FOLLOWS: Terms of Sale. The terms and conditions of the transaction winch is the subject of these instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties' agreement"), which is made a part of these instructions by this reference. Any changes to the parties' agreement will be made a part of these instructions, without further reference, when signed by the parties and delivered to the dosing agent. These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and if there is any'conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control. Description of Real Property. The real property wluch is the subject of the transactIon (referred to herein as "the property") is identified in the parties' agreement. The document.s required to close the transaction must contain the "legal description" of the property If the parties' agreement does not yet contain the correct legal description, the parties or the real estate agent shall obtain an addendum setting forth the legal description as soon as possible and deliver it to the closing agent. Closing Date. The date on which the documents required to dose the transaction are flIed for record (referred to herein as "the closing date") shall be on or before the date for closing of the transaction specified III the partIes' agreement or in an addendum extending that date. Documents. The closing agent is instructed to select, prepare, complete, correct, receive, hold, record and deliver documents as necessary to close the transaction. The closing agent may request that certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the closing agent before the closing date. Execution of any document will be considered approval of Its form and contents by each party signing such document. Deposits and Disbursement of Funds. Before the closing date, each party shall deposit with the closing agent all funds required to be paid by such party to close the transaction, less any earnest money previously depOSIted Wlth the real estate agent. The closing agent is authorized, but not required, to consider a lending institution's written commitment to deposit funds as the equivalent of a deposit of such funds, If all conditions of the commItment will be met on or before the dosing date. All funds received by the closing agent shall be deposited in a trust account witb any bank doing business in the State of Washington and may be transferred to any other such accounts. The closmg agent shall not be required to disburse any funds deposited by check or draft until it has been advised by its bank that such check or draft has been honored. All disbursements shall be made by the closmg agent's check. Settlement Statement. The closing agent is instructed to prepare a settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursements from such funds. No funds shall be disbursed until the parties have examined and approved the settlement statement. Some items may be estunated, and the fmal amount of each estimated item will be adjusted to the exact amount required to be paid at the time of disbursement. The settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If any monetary error is found, the amount will be immediately paid by the party liable for such payment to the party entitled to receive it. Prorations. Adjustments or pro-rations of real estate taxes, and other'charges 1f any, shall be made on a per- diem basis using a 365 day year, unless the closing agent is otherwise instructed. ntle Insurance. The closing agent is instructed to obtain and forward to the parties a preliminary commItment for title insurance on the property and on any other parcel of real property that will be used to secure payment of any obligation created in the transaction (referred to herein as "the title report"). The closing agent is authOrIZed to rely on Page 1 of 4 the title report in the performance of its duties and shall have no responsibility or liability for any title defects or encumbrances which are not disclosed in the title report. Verification of Existing Encumbrances. The closing agent is instructed to request a 'written statement from the bolder of each existing encumbrance on the property, verifying its status, terms, balance owmg and, If It will not be removed at closing, the requirements that must be met to obtain a waiver of any due-an-sale provISIon. The closmg agent is authorized to rely upon such written statements in the performance of its duties, WIthout lIability or responsibility for their accuracy or completeness. Instructions From Third Parties. Xf any written instructions necessary to close the transaction according 10 the parties' agreement are given to the closing agent by anyone other than the parties or their attorneys, including but not limited to lenders, such instructions are accepted and agreed to by the parties. Disclosure of information to Third Parties. The dosing agent is authorized to furnish, upon request, copIes of any closing documents, agreements or instructions concerning the transactIon to the parties' attorneys, and to any real estate agent, lender or title insurance company involved in the transaction. Other papers or documents containing personal or financial information concerning any party may not be released to anyone other than the party's attorney or lender, without pnor written approval. Potential Legal Problems. If the closing agent becomes aware of any facts, circumstances or potentIal problems which in the dosing agent's opinion should be reviewed by any of the parties' attorneys, the closing agent is authorized, in its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought. Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensation for the services set forth in these instructions. If additional services are required to comply with any change or addition to the parties' agreement or these instructions, or as a result of any party's assignment of interest or delay 10 performance, the parties agree to pay a reasonable additional fee for such services. The parties shaH also reunburse the c10smg agent for any out- of-pocket costs and expenses incurred by it under these instructions. The closing agent's fees, costs and expenses shall be due and payable on the closing date or other termination of the closing agent's duties and responsibilities under these instructions, and shall be paid one-half by the buyer and one-half by the seller unless otherwise prOVIded in the partIes' agreement. CanceJlation. These instructions may be canceled by a written agreement, SIgned by aU of the parties, and payment of the dosing agent's fees. costs and expenses. Upon receipt of such agreement and payment, the closing agent shall return any money or documents then held by it to tbe parties that deposited the same, and shall have 110 further duties or responsibilities under these instructions. Inability to Comply With Instructions. If the closing agent receives conflictrng IDstructlOns or determines, for any reason, that it cannot comply with these instructions by the date for dosmg specified in the parties' agreement or in any written extension of that date, it shall notify the parties, request further instructlOns, and In Its discretion. (1) continue to perform its duties and close the transaction as soon as possible after receiVIng further instructions, or (2) If no conflicting instructions have been received, return any money or documents then held by it to the parties that deposited the same, less any fees and expenses chargeable to such party, or (3) commence a court actIOn, depOSIt the money and documents held by it into the registry of the court, and ask the court to determme the nghts of the parties. When the money and documents have been returned to the parties or deposited into the regJstry of the court, the dosmg agent shall have no further duties or responsibilities under these instructions. Disputes. Should any dispute arise between the parties, or any of them, and/or any other party, concernmg the property or funds involved in the transaction, the closing agent may, in its sole discretion, hold all documents and funds in their existing status pending resolutIon of the dispute, or join or commence a court action, deposit the money and documents held by it with the court. and ask the court to determine the rights of the parties. Upon depositing SaId funds and documents with the court, the cJosing~agent shall have no further duties or responsibilities under these instructions. The parties jomtly and severally agree to pay the closing agent's costs, expenses and reasonable attorney's fees mcurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such laWSUIt is Instituted by the dosing agent, the parties, or any other person. Notices. Any notice, declaration or request made under these instructions shall be in writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the closing agent and other parties at their addresses set forth in these instructions. Amendments. Any amendment, addition or supplement to these instructions must be in wrltmg, SIgned by the appropriate parties and delivered to the closing agent. Counterparts. These instructtons may be executed in one or more counterparts with like effect as if all signatures appeared on one copy Effect. These instructions shall bind and benefit the parties, the c10smg agent, and their successors 10 mterest. Definitionm. When used herein or in any amendment, addition or supplement hereto, word.& and phrases are dermed and are to be construed as follows: The words "buyer" and "seller" refer to all persons and entitIes identified as such by theIr signatures on this document, jointly and severally unless otherwise indicated, and shall be construed interchangeably with other similar terms such as "purchaser", "vendee", "vendor", "grantee" or "grantor" as may be appropriate In the context and circumstance,s to which such words apply The word "lender" refers to any lending institution or otber party, including the seller if appropriate, that has agreed to provide all or part of the financing for the transaction or to which the buyer has made a loan applicatIon. Page 2 of 4 The phrase "these instructions" refers to the agreements, instructions and proVisions set forth In thIS document and all amendments, additions and supplements to this document. The phrase "the property" refers to the real property identified in the parties agreement, including any other parcel of real property that will be used to secure payment of any obligation created in the transaction, and does not include any items of personal property unless otherwise specifically stated In these instructIons. The phrase "outside of escrow" refers to any duty, obligation or other matter which IS the sole responsibility of the parties or of any party, and for which the closing agent shall have no responsibility or liabiltty In these instructions, singular and plural words, and masculine, femmine and neuter words, shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply MATI'ERS TO BE COMPLETED BY THE BUYER AND SELLER IMPORT ANT-READ CAREFtJLL Y The following items must be completed by tbe parties, outside of escrow, and are not part of tbe closing agents' duties under these instructJons. Inspection and Approval of tbe Property. Any required inspections or approvals of the property or of improvements, additions or repairs to the property will be arranged and completed by the parties, outside of escrow The closmg agent shall have no liability with respect to the physical condition of the property, or any buildings, improvements, plumbing, heating, cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to otherwise determine its physical condition, or to determine whether any required unprovements, additions or repairs bave been satisfactorily completed. Personal Property, Any required inspections, approvals or transfers of possession of any owned or leased fixtures, equipment or other items of personal property included in the transaction, and payment of any personal property, sales or use taxes, will be completed by the parties outside of escrow Unless otherWise mstructed, the dosmg agent shall have. no responsibility with respect to such personal property and shall not be reqUired to determme the status or condition of the title to, encumbrances upon, ownership, or physical condition of such personal property, nor to calculate, pro-rate, collect, prepare returns for or pay any personal property tax, sales tax or use tax arismg from the transactIon. UtiUties. All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any other utilIties or public services will be completed by the parties outside of escrow Unless otherwise instructed, the closing agent shall have no responsibility to determme, collect, pay, pro.rate or adjust charges for installation or service for any utilities or public services, except to pro-rate existing recurrent assessments for public improvements, if any, which,appear on the title report. Fire or Casualty Insurance. If a new policy of fire, hazard or casualty lIlsurance on the property IS necessary to close the transaction, the buyer will arrange for the policy to be issued, outside of escrow, and will provide evidence of the required insurance coverage to the closing agent before the dosing date. Unless otherWIse instructed, the closmg agent shall have no responsibility to contract for or obtain any policy of fIre, hazard or casualty insurance on the property, or any assignment of such poliq' Possession of the Property. The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the closing agent. Collection Account. If any fmancing for the transaction will be provided by a private party, the partles are advised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory note or contract. The collection account shall be established by the parties outside of escrow and shall not be the responsibility of the closing agent. Payment of Omitted Taxes, If any additional real property taxes are assessed for recent improvements made to the property and not added to the tax rolls before the closing date, the partIes shall pay theIr respectIve shares of such omitted taxes, pro. rated as of the closing date, within 30 days after receIpt of notification that such taxes have been assessed. The closing agent shall Dot be responsible or liable for any assessment, collection or payment of omItted ta.,<es. Individual Taxes. The parties are advised to consult with their attorneys to determme whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The closing agent shall have no responsibility for the parties' individual tax consequences arising from the !ransadion. Foreign Investment in Real Property Tax Act. If any seller is, or may be, a non-resident alien or a foreign corporation, partnership, trust or estate for the purposes of United States income taxation, the 'parties are advised to consult with their attorneys before the closing date to determine their responsibilities and liabilities, if any, under the Foreign Investment in Real Property Tax Act (Section 1445 et seq of the Internal Revenue Code) The closing agent L'> not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such act. Approvals an~ Pemdts.The parties are advised to consult WIth their attorneys to determme whether any building, zoning, subdivision, septic system, or other construction or land llse permits or approvals will be reqwred, either before or after the dosing date. The closing agent shall have no responsibility WIth respect to any such permit or approval, and shall have no liability arising from the failure of any party to obtain, or from the refusal of any governmental authority to grant, any such permit or approval. Compliance With Certain Laws. The parties are adVised to consult WIth thclr attorneys to determine their responsibilities, if any, under the Consumer Protection Act, Truth-in-Lending Act, Interstate Land Sales Act or other similar laws. The closing agent shall have no responsibility for. the parties compliance, nor any liability ansmg from the failure of any party to comply, with any such law Page 3 of 4 Additional Agreements, Instrnctions and Disclosures: ESCROW WEST, INC AND ITS CLOSING AGENT ARE HEREBY INSTRUCTED TO COMPLETE THE PROMISSORY NOTE AS FOLLOWS MATURITY DATE BEING 3 YEARS FROM RECORDING DATE IMo~~ I-c..{ PA.v{ fA. esr~ 6~c...H I t}..it"\-tGM (A.)lL-l..- B6 /'-'\AD5 A"r Kts'f ~t'_) ~ 5L~fW1 ~B~ ~I u- 'B8 <?61Tl \\J 6t up NOTICE TO PARTIES The services of the closing agent under these instructions will be performed by a person certmed as a Limited Practice Officer under the Admission to Practice Rule 12, adopted by the Washington State Supreme Court Under that rule, LimIted Practice Officers may only select, prepare and complete certain documents on forms which have been approved for their use. The specific documents prepared are: See Attached Exhibit "A" You are further advised that THE LIMITED PRACTICE OFFICER IS NOT ACTING AS THE ADVOCATE OR REPRESENTATIVE OF EITHER (OR ANY) OF THE PARTIES. THE DOCUMENTS PREPARED BY THE LIMITED PRACTICE OFFICER WILL EFFECT THE LEGAL RIGHTS OF THE PARTIES THE PARTIES' INTERESTS IN THE DOCUMENT MAY DIFFER. THE PARTIES HAVE THE RIGHT TO BE REPRESENTED BY LAWYERS OF THEIR OWN SELECTION. THE LIMITED PRACTICE OFFICER CANNOT GIVE LEGAL ADVICE AS TO THE MANNER IN WHICH TIlE DOCUMENTS AF}'ECT THE PARTIES. BY SIGNING THESE INSTRUCTIONS. EACH PARTY ACKNOWLEDGES: I have been specifically informed that the closing agent is forbidden by Jaw from offering any advice concerning the merits of the transaction or the documents that will be used to close the transaction. The closing agent has not oITered any legal advice or referred me to any named attorney, but has clearly requested that I seek legal counsel if I have any doubt concerning the transaction or these instructions. I have bad adequate time and opportunity to read and understand these instructions and aU other existing documents referred to In these instructions. Buyer' Seller' Date i'( ut/-IL4~dL~~A~- WILLIAM J BR ')(. K ~~.l.~ 1f r~~ KATHRYN J B OWN Date :s- /; 7 / q S- Date JCH DEVELOPMENT Date Date Date Date Date Buyer's Mailing Address: PO BOX 1206 SeUer's Mailing Address: -f-S--HO ~n8UWAY 5~7 p () B 0)( I 3~C:, YELM, WA 98597 YELM, WA 98597 Phone: Home: (000)000-0000 VVork: (000)000-0000 Phone: Home: (206)458-S1q.9 Work: (000)000-0000 Accepted. By Pam Skillman Page 4 of 4 EXHIBIT "A. ESCROW FILE NO.: 5962 Limited Practice Officer: Pam Ski llman TITLE FILE NO.: 145850 LPO#:: 787 PURCHASE,R(S): JCH DEVELOPMENT SELLER(S): WILLIAM J BROWN, KATHRYN J BROWN SECTION 1: MORTGAGE LENDING DOCUMENTS LIMITED PRACTICE BOARD FORMS SECTION 2: x All documents approved and designed for use by the Secondary Mortgage Market, mcluding Notes, Deeds of Trust, and Riders. The Secondary Mortgage Market 15 defined as federally related institutions such as FNMA, FHLMC and GNMA, except Regulation "2" ESCROW DOCUMENTATION LPB No. 10 LPB No. 11 LPB No. 12 LPB No. 13 LPB No. 14 LPB No. 20 LPB No. 21 LPB No. 22 LPB No. 23 LPB No. 24 LPB No. 25 LPB No. 26 LPB No. 27 LPB No. 28 LPB No. 29 LPB No. 30 LPB No. 35 LPB No. 44 LPB No. 45 LPB No. 50 LPB No. 51 LPB No. 52 LPB No. 60 LPB No. 61 LPB No. 62 LPB No. 63 LPB No. 64 LPB No. 65 LPB No. 70 LPB No. 71 Statutory Warranty Deed Statutory Warranty Deed(Fulfillment of REC) Quitclaim Deed Seller's Assignment of Contract and Deed Purchaser's Ass1gnment of Contract and Deed Deed of Trust (Short Form) Assignment of Deed of Trust Deed of Trust (Long Form) Request for Full Reconveyance Request for Partial Reconveyance Promissory Note - Monthly Installments Promissory Note - Interest Included - Due Date Promissory Note - Interest Extra Promissory Note. Straight Request for Notice Bill of Sale Subordination Agreement Real Estate Contract (Short Form) Real Estate Contract (Long Form) Mortgage (Statutory Form) Satisfactton of Mortgage Partial Release of Mortgage Satisfaction of Lien Partial Release of Lien Satisfaction of Judgment Partial Release of Judgment Waiver of Lien Partial Waiver of Lien Special Power of Attorney (Sale) Special Power of Attorney (Purchase/Encumber) SECTION 3: U.C.C. FORMS All V.C.C. filing forms including Security Agreement Forms with the exception of- WBA vee 2 uee 4 uee 5 SECTION 4: EXCISE TAX AFFIDAVIT FORMS X SECTION 5: FARMERS HOME ADMINISTRATION FORMS INITIALS: Purchaser All documents approved and designated for use by the United States Department of Agriculture Farmers Home Administration in connection with clOSlllg a FmHA on residential property ~ \<C\'\~ -'()- - el1er Escrow File No. 5962 Title Order No. 145850 Purchasers(s) JCH DEVELOPMENT \ Seller(s): WILLIAM J BROWN, KATHRYN J BROWN Supplement To AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction Including Instructions to Record Documents and Disburse Funds This Is a part of the Closing Agreement and Escrow Instructions signed by the parties under the Closing Agent's escrow file number set forth above. Except as expressly modified, changed or amended by this supplement, all terms and conditions of the Closing Agreement and Escrow Instructions, and any previous supplements, additions or amendments thereto, shall remain in effect. "THE SELLER HAS APPROVED", SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS. [ x ] Statutory Warranty Deed [ ] Purchaser's Assignment of Contract and Deed [ J Real Estate Contract f ] Bill of Sale (for personal property) [ x ] Real Estate excise Tax Affadavit [ x J APPROVED COpy OF NOTE AND DEED OF TRUST [ ] [ ] "THE BUYER HAS APPROVED", SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS. [ x ] Promissory Note [ x J Deed of Trust [ 1 Mortgage [ ] Real Estate Contract [ 1 Security Statement (for personal property) [ 1 Financing Statement (for personal property) [ x J ~CISE TAX AFFIDAVIT [ } [ 1 BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES. Conditions of Parties' Agreement Satisfied. All terms and conditions of the parties' agreement have been met to my satisfaction, or wl1l be met, satisfied or complied with outside of escrow Title Report Approved. The Preliminary Commitment for Title Insurance, including the legal description of the property and all attachments, supplements and endorsements to that report, Issued by TRANSA..I1ERi CA TITLE INSURANCE CO under order number 145850, are approved by me and made a part of these Instructions by this reference. Settlement Statement Approved. The settlement statement prepared by the closing agent is approved by me, made a part of these instructions by this reference, and I agree to pay my costs, expenses and other obligations itemized on that statement. I understand that any estimated amounts will be adjusted to reflect the exact amounts required when the funds are disbursed. that the settlement statement continues to be subject to audit at any time, and If any monetary error Is found, the amount will be paid by the party liable for such payment to the party entitled to receive it. BY SIGNING THIS DOCUMENT, THE BUYER FURTHER ACKNOWLEDGES. Property Approved. I have had adequate opportunity to inspect the property and to determine the exact location of Its boundaries. The location and physical conditIon of the property and any buildings, improvements, plumbing, heating, cooling, electrical or septic systems on the property are approved. I understand that ail InspectIons and approvals of the location and physical condition of the property are my sole responsibility, and are not part of the closing agent's dutIes and responsibilities. ., hereby release and agree to hold the closing agent harmless from any and all claims of liability for loss or damage arising or resulting from any physical condition or defect on the property, or from the location of Its boundaries. Page 1 of2 Assumed Encumbrances Approved. I have had adequate opportunity to review the terms of payment, interest rates and conditions of any existing notes. deeds of trust, mortgages, contracts, assessments or other debts or obligations that I will assume and agree to pay in this transaction, ancthereby approve the same. THE CLOSING AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS Instruction to Close. The closing agent is instructed to perform its customary closing duties under these Instructions, to deliver and record documents according to these InstructIons, and to disburse the funds according to the settlement statement, adjusting estimated amounts, when the closing agent has the documents required to close the transaction In Its possession and has, or will obtain when the documents have been delivered and recorded 1 Sale proceeds for the seller's account in the sum of $ 234,500 00 to be disbursed according to the settlement statement 2. Loan proceeds for the buyer's account In the sum of $ 200,000 00. to be disbursed according to the settlement statement 3. A polley of title insurance Issued pursuant to the Preliminary Commitment for Title Insurance referred to above. Insuring the buyer with ( x] owner's or [ ] purchaser's [ x] standard or ( ] extended coverage with liability of $ 234. 500 00. having the usual clauses, provisions and stipulations customarily contained in the prlnted provisions and schedules of suct) polley forms, insuring the buyer's title to the property against all defects or encumbrances except those set forth In the printed exceptions and exclusions customarily contained In the printed provisions and schedules of such policy forms. matters attaching by, through or under the buyer, taxes not yet due" and the matters set forth in the following numbered paragraphs of Schedule 8 of the Preliminary Commitment for Title Insurance: 2ND 1/2 95 RE TAX, 3.5.6,7,8,9 4 Such other policies of title Insurance as may be required by any lenders that are providing financing for the transaction. Completion or Correction of Documents. The closing agent is instructed to correct any errors found In any document deposited under these Instructions. and to Insert as necessary the closing date, the date on which Interest begins to accrue, and the dates on which payments must be made, If such Items are incomplete. Adjustments and Pro-rations. The closing agent Is instructed to adjust and pro-rate as of [ x] the closing date or [ J . real estate taxes for the current year, recurrent assessments if any. Proceeds Check: ~] Seller wnl pick up proceeds check. [ 1 Man proceeds check to seHer at: lJQ <:? /") r"V @C2! OA L..l..- 4- r;; 'g - '5 J '+ I (!) /C... <-: HU0:. ',", Addltlonallnstructlonl: BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES. The closing agent has not offered any legal advice or referred me to any named attorney, but has clearly requested that I leek Independent legal counsel If I have any doubt concerning the transaction or these Instructions. I have had adequate time and opportunity to read and understand these instructions and all other documents referred to In these instructions. Buyer' Date Seller. '<tLL~~ WILLIAM J B (.h~~~ KATHRYN J RO Date S-!7,1 '9S- Date JCH DEVELOPMENT JOHN C HUDDLESTON, Date Date Date Date Date Page 2 of 2 LPB 22 Page 20f2 csc~-ow W~"SL AFTER RECORDING MAIL TO' Name Address City, State Zip WILLILAM J. BROWN 15130 HIGHWAY 507 YELM. WA 98597 Escrow Number 5962 TRANSAMERJCA TITLE INSURANCE DEED OF TRUST (For use ill the State of Washingtoll Only) THIS DEED OF TRUST, made this 3 \ 0+ day of n\ ~l\",. \ q Or '3 JCH DEVELOPMENT I , (J , between whose address is PO BOX 1206, YELM, WA 98597 TRANSAMERICA TITLE INSURANCE CO , GRANTOR, whose address is 2625 Martin Way, Olympia, WA 98507 WILLIAM J BROWN and KATHRYN J BROWN, husband and wife , TRUSTEE, , and whose address is 15130 HIGHWAY 507, YELM, WA 98597 WIT~SSETH. Grantor hereby bargains, sells and conveys to Trustee In Trust, with power of sale the following' descnbed real property In THURSTON County Wa h t ' , s mg on. PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO BLA-0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER TH1JRSTON COUNTY AUDITOR'S FILE NO 8712160045 . , BENEFICIARY, SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON THU~~S TOt-. COUr~;j jL i't'lP!H, ..JH .)6. '0. '95 1 ~ :5::: Ar- -~EQUES7 .}F: ITTIC Siiri. S. R~>?d, HUDITO~ J'i ~ JEBE:IE, DEPUT'I' $8 .0e D~ \/tJi; 241.4. Flail?: 6S~ 1 - ..le '40: 951216;;;:110067 wluch real property is not used prinCipally for agricultural or farmmg purposes, together With all the tenements, hereditaments, and appurtenances now or hereafter thereunto belongmg or m any VV1se appertaIning, and the rents, issues and profits thereof This deed is for the purpose of securing performance of each agreement of grantor herem contained, and payment of the sum of TWO HUNDRED THOUSAND AND NO/100 Dollars ($ 200,000 00) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extenSiOns thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or aSSigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, Grantor rOVMants 'Ind agrf':es 1, To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvem about to be bUilt thereon, to restore promptly any building, structure or improvement thereon which may be damaged or destroy with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property 2. To p'ay befo~e de~quent all lawful tax~s and aSliessments upon the property, to keep the property free and clear of all other encumorances tmpcurmg the securIty of this Deed of Trust 3. To keep all bui1din~ now or hyreafter erected ,on the pr91!.erty de~~ribc411erein continuously lDsured against loss by f1re or ot amo\l!:lt not less than The total debt secured by this Deed ot Trust All tlOliCleS shall b~ held by the BenefiCIary. and De m su~h payable first to the BeneficiarY, as itfo intere~J may ap,pear"and then.to f):1e Grantor. Th~ ilIDount collected app,&ed upon any lOfd /jecured in such order as the BenefiCiary shall determme. ;:)uc\! apphc~tlOn by the J3e~eticiary shall Qot caus~ discontmuance 0 a tS)fe~lose this Deed of Trust. In the event of foreclosure, aU nghts of the Grantor In Insurance poliCies then 10 force shall pass to the foreclosure sale. 4 To defend any action or proceeding purportmg to affect the secunty hereof or the rights or powers pf Beneficiary 9r Trusdt~e, a and elrnenses including cost of title .searcH and attorneys fees m a reasonable amount, In any such actIon or proceedmg, an m at Beneficiary to foreclose this Deed 01 Trust. LPB 22 Page lof2 5bJo pay all costsbfee~ and e~enses in connection with this Dl~C;d of Trust, incl\ldin~ the expenses of the Trustee incurred o hgaflon secured ereby and Trustee's and attorney's fees actually mcurred, as proVlde<fbv statule. 6. Should Grantor fail to pav when due any taxes, assessments, insurance premIUms liens, encumbrance:.; or Qther charges aga hereinabove described, Benefici~v may pay the ~ame, and the Sln10unt so paJ.d, with interest at the rate set tortb lD the note secure added to and become a part of the debt secured In this Deed 01 Trust. IT IS MUTUALLY AGREED THAT 1. In the event any portion of the property il) taken or d~aged in an eminent domain proceeding, the entire amo!lnt of the award may be necessary to fully satisfy Hie ooligatlon secured hereby, shall be paid to Beneficiary to be applied to said obligation. 211By accepting payment of any sum secured hereby.after Its due date, BenefiCIary docs not waIve tts nght. to require prompt payn a other sums so secured or to declare default for tiulure to so pay 3. The Trustee shall rej;onvey all or any p~t of the nropertv covc;red bv this Deed of Trust to the 'person entitled thereto, on writt Grantor ~d the Beneficiary, or upon satIsfaction 01 tlie oflligatlOn secured and written request for reconveyance made by the B person entitled thereto 4 Upon default by Grantor in the payment of any inde.btednes~ secured hereby or in the performance of any Sigreement containc securea her~by $.haJI immediately De~ome due and payable at the ontion of the Beneficiary In such event and up-on written requ Trustee shall sell the trust prop(!rtv, m accordance witb the Deed 01 Trust Act of thy Stp.te of Waslmurton, atluublic auction to th Any person except Trustee mllY bid at Trllstee's sale. Tru.stee shall apply the. proceeds ot the sale as fonows: (1 to the expense of a reasonabl~ Tru$tee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust, (3) the surp us, If any, shall be persons entItled thereto. 5. Truste~ shall deliver to the purchaser at the sale its deed, wltho\lt warrl}qlybwhich Jihall convey to the p,urcbaser the mterest in t Grantor had qr had tqe Dower tp convey at the tIme of hi:!! executlOn of tqis eecJ 9t Trust, and ~uch as he may have squir.ed the deed ~hall_lc;clte the iC!,ct:!j shOWIng that the sale was conducted in comph~ce WIth all the regwrements of l&w and of this Dee recital shall be prima tacle evidence of such compliance and conclusive eVldence thereof in favor of bona fide purchaser and e value. 6. ThIt power of sale c,9~erred by this Deed of Trllst and bv the Deed of Trust Act of the State of Washington IS not an ex BenefiCIary may cause this Deed of Trust to be foreclosed as a"mortgage. 7 In tl}.e event of the <leath, In~apacit)', disability or rest~ahon of Tr.ustee, Ben~ficiary may-appo;tnt In wntinR. a successor trust r~cording at such appolI\ttp.ent In the m_Qftgage recQrds 0"1 the; county 1D ~hich this De. ed afTrp;t IS r~cordyd, the successor tr~st WIth all powers of the ongmal ~rJ.1stee. The trustee IS not oblIgated tb nphfy any partv hereto (h pending sale under any other Dc any action or proceeding m which Grantor, Trustee or BenefiCIary shall be a party unless such actIon or proceeding is brought by t 8. TJu~ Deed of Trust applies to, mures to the benefit of, and is bmdinp; not Qnly on the parties hereto, but on their heirs, de admims.trators, ~xecutors and assigns. The term Beneficiary shall mean tfie holde.r and owner of the note secured hereby, whethe BenefiCIary herem. JCH DEVELOPMENT -- . ~~~~. J HN D HUDDLES N, ~~,~ \?~~~ STATE OF WA County of THURSTON i Ss: "/.:;11' 241 1 P.i9~; 69;;:' - "li' .~c: 95136..310067 On this day of May, 1995 before me, the undersigned, a Notary Public in and for the State of Washington, duly commISsioned and sworn, personally appeared ..:JOHN C. HUDDLESTON to me known to be the individual_described in and who executed the foregoing instrument, as General partner _of the.J..{:H DEVELOPMENT _, a Limited Partnerstup, and acknowledged to me that he free and vohmtary act and deed for the uses and purposes authonzed to execute the SaId instrument. c_,'^'-- ,,-9C day of May, 1995 ~~~~~li~>\T Notary Public in an r the State of WASHINGTON Residing at OLYMPIA My appointment expires. ~ slgDed and sealed this saId instrument as his therem mentioned, and on oath stated he is GIVen under my hand and offiCIal seal thIS day OffiCIAL SEAL MARNY BRIGHT NOTARY PUBlIC.STATE OF WASHINGTON MY COMMISSION EXPIRES: 6 -5-96 \0 ~"S -- 9!o REQUEST FOR FULL RECONVEYANCE Do not record. To be used onlv when note has been paid. TO' TRUSTEE The undersigned IS the legal owner and holder of the note and all other indebtedness secured bv the within Deed of Tr together with all other lDdebtedness secured by saJ.d Deed of Trust, has been fully paJd and satisfied; and you are hereby requeste payment to you of any sum.s owing to you unde~ the terms of said Deed of Trust,. to cancel said note above mentioned, and all 0 mdebtedness secured by saId Deed of Trust delivered to you herewlt.h, together WIth the saId Deed of Trust, and to reconvey, WItfthe parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder Dated. ,19_ LPB 22 Page 2 of2 Promissory Note (monthly installments) Escrow Number' 5962 $200,000 00 FOR VALUE RECElVED,JCH DEVELOPMENT promISe s to pay to WILLIAM J BROWN and KATHRYN J. BROI-.TN, husband and wife or order, at15130 HIGHWAY 507, YELM, WA 98597 the sum of TWO HUNDRED THOUSAND AND NO/lOa Dollars ($200,000 00 ) with interest from JUNE 1 1995 on unpaId prmclpal at the rate of S EVEN AND ONE HALF (7 5000%) per cent per annum, prlllclpal and mterest payable in installments of ONE THOUSAND TWO HUNDRED FIFTY AND NO/100 ($1,250 00 ) or more on the 1ST day of each SUCCEEDING CALENDAR month, beginnmg on the 1 s t day of July, 1995 , and contmumg until SaId pnncipal and mterest have been paId. ON OCTOBER 1, 1995 A PRINCIPAL PAYMENT OF $25,000 00 IS DUE AND PAYABLE, RED~CING PRINCIPAL BALANCE TO $175,000 00 MONTHLY PAYMENT OF INTEREST ONLY TO THEN BE $1,100 00 PER MONTH, BEGINNING NOVEMBER 1, 1995 BAlA.."lCE TO BE PAID IN FULL 36 MONTHS FROM DATE OF RECORDING THE DEED OF TRUST SECURING THIS NOTE A LATE PAYMENT FEE OF 5 00% WILL BE DUE ON ANY PAYMENT MORE THAN 15 DAYS LATE Each maker executes thIS note as a prmclpal and not as a surety Each payment shall be credited first on mterest due and the remamder on principal; and mterest shall thereupon cease upon the princIpal so credIted. Should default be made In payment of any Installment when due, the whole sum of principal and Interest shall become wmediately due at the option of the holder of this note. Principal and rnterest payable lD lawful money of the Uruted States. If actIon be mstituted on this note, Maker agree s to pay such swn as the Court may fix as attorney's fees. This note is secured by Deed of Trust of even date. JCH DEVELOPMENT -~~ N D HUDDL STON, ( LPB-25 Real Estate E'Ci~eid ~ t;:a; ReceIpt no. ~ Date Robin L Hunt, Te~ Treas.. By . Deputy FILED AT THE REQUEST OF AND WHEN RECORDED RETURN TO: JERRY D. MITCHELL 2938 LIMITED LANE NW STE. B OLYMPIA, WA 98502 360-352-1600 ------------------------------------------------------------ STATUTORY WARRANTY DEED IN LIEU OF JUDICIAL FORECLOSURE THE GRANTOR, JCH Development, for the consideration stated below, conveys and warrants to WILLIAM J. BROWN and KATHRYN J. BROWN, husband and wife, as GRANTEES, the following described real estate together with all fixtures and personal property secured by the Deed of Trust, situated in Thurston County, \'lashington: PARCELS A & C OF BOUNDARY LINE ADJUSTMENT NO. BLA-0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 8712160045. Assessor'sParcel Numbers 21725120000 21725111000 This instrument is an absolute conveyance of title in effect as well as in form. It is not intended as a mortgage or a conveyance in trust and it is not given as security for any obligation whatsoever. This instrument is executed and delivered in consideration of GRANTEES waiving his right to a deficiency judgment against the GRANTOR in connection with GRANTOR'S indebtedness to GRANTEES evidenced by that certain promissory note secured by the Deed of Trust executed by GRANTOR on May 30, 1995, in favor of GRANTEES, as beneficiary, recorded on June 1, 1995, in the records of Thurston County, Washington, under Auditor's File No. Vol 2411, page 691. 11111111 111111I11I1 ~ )11I flBC utI MITCHW. f MJTCHE D $11 ~ o -I U") ~ c.o C'-J co en , A..'~ \.hi , Con 3178647 PCl9& 1 of 4 63/J5/J988 88 B8R Thurston Co, lJA Dated t.his to1h. day of September, 1998. ~C)~~~ N D. HUDDL TON, as Managing Partner of JCH Development ESTOPPEL AND SOLVENCY AFFIDAVIT STATE OF WASHINGTON) : ss. County of Thurston ) The undersigned, being first duly sworn on oath deposes and says: 1. That contemporaneously herewith the undersigned, has executed a Statutory Warranty Deed (In Lieu of Judicial Foreclosure) ("Deed") conveying to WILLIAM IJ. BROWN and KATHRYN J. BROWN, the following described real estate, together with all fixture and personal property secured by the Deed of Trust situated in Thurston County, WA: PARCELS A & C OF BOUNDARY LINE ADJUSTMENT NO. BLA-0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 8712160045. 2. That the Deed is an absolute conveyance to the original and present holder of the beneficial interest under that certain Deed of Trust encu~~ering the Property executed by JCH DEVELOPMENT on May 30, 1995 and recorded on Auditor's Vol No. 24111 Page 691, records of Thurston County, and the promissory note secured thereby, for the consideration state in the deed, and for no other consideration whatsoever; 3. Tha~ JCH DEVELOPMENT executed the Deed as its free and voluntary act; that at the time of execution of the Deed JCH DEVELOPMENT was not acting under any duress, undue influence, misapprehension or misrepresentation exerted, created or made by the Grantee or by any agent, attorney or other representative of the Grantee, and that is JCH DEVELOPMENT'S intention to transfer and convey to the Grantees all interest in the Property; 4. That the Deed is not a preference as to any other creditor of mine; that JCH DEVELOPMENT is solvent and have no other 11111111111111I111111 RBC LMI MITCHELL. MITCHE 0 $11 sa 3178647 Page 2 of 4 89/15/1998 ~8 6SA Thurston Co, WI creditors whose rights would be prejudiced by the giving of the Deed and the acceptance thereof by the Grantees; 5. That there are no persons, firms or corporations other than the undersigned having or claiming any interest in the property, direct or indirect; 6. There are no liens or encumbrances on the Property. 7. That except for the Deed of Trust described above, JCH DEVELOPMENT is not obligated under the terms of any bond, mortgage, deed of trust, or other written or undertaking whereby a lien has been created or exists against the property; 8. That JCH DEVELOPMENT has not permitted or caused any unrepaired damage to the Property nor to the improvements thereon; 9. That JCH DEVELOPMENT has made full, correct and truthful disclosure to WILLIAM J. BROWN and KATHRYN J. BROWN all facts and information known to concerning the subject matter of this Affidavit; 10. That JCH DEVELOPMENT waives and releases any and all statutory, common law or other liens available to it against the property due to or based upon labor supplied, materials furnished, services rendered, or any other act performed by it with respect to the Property; 11. That JCH DEVELOPMENT releases WILLI&~ J. BROWN and KATHRYN J. BROWN from claims, cause of actions and liabilities of any kind whatsoever, known or unknown which JCH DEVELOPMENT has or may have based upon or related in any way to the Note and Deed of Trust; l2. That JCH DEVELOP}lliNT makes this affidavit to induce WILLIAM J. BROWN and KATHRYN J. BROWN to accept its Deed with the intention that the Grantees may rely on this affidavit in so doing, and this affidavit shall inure to the benefit and may also be relied upon by the successors and assigns of the Grantees as well. INWITHESS WHEREOF, the first party above named has executed this instrument; if the first party is a corporation, it has caused its corporate named to be signed hereto and it corporate seal affixed by its officers duly authorized thereunto by order of its Board of Directors. 11111I1111111111111111 Rec ~MJ MITCHELL ( MITCHE 0 $11 stl 3178647 Page 3 of 4 69/15/1998 S8 S8A Thurston Co, Wl Dated this \~ day of September, 1998. ~~~~~ D. HUDDLE ON, as Managing Partner of JCH DEVELOPMENT STATE OF Washington ss. County of Thurston ) On this ItJ"tIf,.,day of September, 1998t before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN D. HUDDLESTON, as managing partner of JCH DEVELOPMENT, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged to me that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned, and that he has authority as managing partner of JCH DEVELOPMENT to execute the same. Witness my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC State of Washington TRACf LOIACONO MITCHELL ~.... .....,. 200Cl JlJJ1HU!lIIll1 JU 3178647 Page 4 of 4 &9/15/1998 BB 88A Thurston COI ~A OOO~~~~4 REAL ESTATE EXCISE 'fAX AFFIDAVIT CHAPTeR 82.45 RCW CHAPTIlR 4SI-61 WAC. For Us<: .. eou.lf Tn:tilllCr'. Office (Use For.. No. 84-00018 br Reponina Tr.nslc:11 of Controlhn, I"Ie....t ot'tlUilY Ownel1hip 10 II", DePII"IIJ~nl of Re"'"lACl 1'IIIS AFl'IUAVIT WILL NOT liE ACCK/'rEU UNI.t::SS ALL AIU;AS 1-7 AHK .'ULLY COMI'I.I!"Ell - D N:~m,-' , 1 I Ul.n-- JI~J. II . IIlllUti G II Name \HLL.lAM J: AND. f:lg ~--'i. JCH DEVELOPMENT ~~ 17025 C.NAL RD. az Sucet P. O. BOX 1206 Street II\~ llll~ Cl City/State/Zip t E LH . WAf 98597 ~ City/Stale/Zip Y ELM. WA. . , . If ADDRESS TO SEND ALL PROPERTY TAX RELATED CO!lRESPONDENCI! ALL TAX PARCEL NUMBERS N;>me .HU~/A1vt J ~ KAfHl?L(IJ J 8flOUm .. . J7 Strcct .J..1.Q.:z...? ell IJAL- eb s~ 9--1/?-S / d.i.oc0 Cily/SlatclZip yaM I WA q~Gq1 d--.\-p.S"II\OOO v ,I, '0'1'1>: OK !'IUN'f SIi SI<:I>: 1l.:"1'J(S1> '. o Oh99 'l1Jis form is your receipt WI'C'l .sti.uUPCU by cashier. RRQWN (I .\ I 98 :,91. .. ...:J ~~~SY4'b"tfP~R~~r. ."'::;;':;:;;;:;::-:;::.,~: :i::;:\ :"';~;::<.::;.:; . '. ...... . ;::':..\i ... ...": ,:,;::;::;:';.::).:: ... -Kllli II. Y H j. SE .:.::,:.) ...:....'-:....-;:-:.:-:. .,....'.i..'. .,..... .....,..... ,. ':: ......,..-:...,..., ,,"'. ,." ,"".. ' . . .';':'.". '-:.... ,. . ",.,. "", ,.. n'. .'.. ".. ":""::-.:..;.:..:::-:-.:<:" IIl.EGAL DESCRIPTION OF PROP~Il SJTUA}!i'a)ND~It'.lfl1R!ORATED'J:JUIR !:TnIIl COUNTY 0 OR IN CITY OF YIlT)of PaQ _ "II...{ -- '" Slrcct Add,e."if,""peny i';"'I"""Cll): .. u.____ u_ _It. YEt.H. WA. 98~?7 . i \ PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT H9.,BLA - 0526 ACCORDING TO >>OUNDAlt LINE ADJUSTMBNT' IN VOLUME 6 AT PAGES 231 TO 236 AijD a'COIDED UNDEI r~UIS~ON COUNTY AUDITORIS fILl 110. 87121~Qf4Sf I . II I$lhis-propeny currently. YES SITUATION IN TH~ COUNTY OF THO_STOM. STATE OF WASHINGTON. o NO g ; C1asslfled Of Clcsignated a. forest lalld? C'hapla 84.33 RCW Classif,ed as curl'Cm use land fopen space. farm 0 and a~ricuhural, a' 1I1l1ber)'! Ch"plcr 84.34 RCW Exempl fmm propeny tax as a nonprofit organizaliotl! Chapler 84.36 RCW Seller's E.cl1lpl Reg. No. _ _ _ _ _ - _ _ ._ n o fi 1<I.'c~iviog spcciat v.aluation '-is histOfic ."'l'erlY? Chapler M.26 RCW -ptrly Type: 0 I~nd only J(>>Oand wilh previously used building o limber only Principal Use: 0 AIX (4 + unil) [J limber 0 agri<.:uhurat U ..",her_ o n Oland wilh new bulldiJlg [j 1..",1 with 1Il<,bilc hOllle .... o building only n re.idem;.' [J commcn.:i.!tl/incJusIIi..t III II) N(1l'lCE OF CON1'lNUANCE (RCV{ 84.33 or RCW 8434) Illhe new owner(sl 01 land Ihat is classified or d<:signaled as currcll\ us;: or fares! land wish 10 continue Ihe classification or d<:si~nal;o" of 60ch land. lhe neW owner(s) mllst sign t>c.low, If tho: new owncr{s) do not des"c k' conti\lue such c1assi/icalion or desigllil'ion, all compensating or a<kli- lionul lax calculaled pursumll 10 RCW 114.::13 120 anti 140 or ncw li4.34 108 shull be duc and puyable hy lhe IlCllcr or tran.reror a,Ii,,; lime of Silk. The ~oolllY u.scssor n",,,, determine if the IJIl<! trunsli:m:d q~utilics hI (olllinu.: d..~sifi'.aliul1 or d:sigllalion ~tld :nu~ Su inJic.uc 1l\:llJW Sjgl'iMur~ra; do not ncccssariJ)' mean lhc lane ~iti remain ill dOl~iotiic..tiulI or de.ignation. If it 00 longer qualifIes. il will be rcmoved and the com. pensating laxcs will be applied. All new owners ",ust sign. This land 0 docs 0 does n()l qualify for conlinuance. Date DEPUTY ASSESSOR (2) NOTICE OF COMPLIANCE (Chapler 84 26 RCWl If the l\CW owner(s) of propeny wilh special ....lualion liS hilitorie propcny WIsh 10 "Olllinuo chis specIal valualion the new owner(s) must sign below. Ii Ihe /ICW owner(s) do 1101 d<.ire 10 continue such special v-alu~lion, all IIlldiliollal tax calculated pur,;ua~1 10 Chif.lllcr 84 26 RCW shall be due, and payable by the sdkr or cranuhor at Ihc lirlle of sale. (3) OWNER(SI SfGNATURE IlIlk'SCriptiu" of waglble per.onal I"uperty If Induclcd la !iultt (fllrllllul'4>, appliances, clc.1 . AUDIT assign to w~ \AIITTS~ If .Jlempli<l~ed, list WAC lIumber (;iIJ!J(.d pl~tlun. Q0.l o.J)(l~l) 4.5~- (pI -. 2) EXIJllIlIlIli<ul .. ni.)r'O' 1)1 I.IIUI 01' iOlliCLOSUlli Typc of Uocullleut DE;;~ D I tJ L 16lA,.. ~F (-Vf-i ~ t..O'S1AA( t Oate ..r Uocument . q \ I (~,\ ~i \. ~ ) (;""",, &lIe "nce $ l'cl'sumll "I'''I'''t.ty (dcducll $ Tal<llble Sule I'rlee S Excise 11m Stale $ Local f Slllte $ I..,.,al S J)clinquclI' "enally: Stale $ " .14....1 Un" $. ~(j51 ._ TIlEIH. IS ,\ $~<IIt1 n:l, FOil. I'KOCt;.SSIN', .l'llto/l"OKI\I IF NO TAX IS nul>. II AFftOAVlT r certify under penalty of perjury under the laws o( the state of 'Washingtoll tbul the foregoing Is true Ilnd correct (See back of this funn) ~ S!gnlilure of -:S-CJ~~~e ~~~\.;:.'"'~}. Gr..nlor/Agent ~ ~ _~___~~ Nunle (prino5 ~ Dale & Place of Signing _~~'\\c:;s ?J'~~L ~i Signature of I (;ranlce/Allcnl 1\ GI {H).....,. Y ~ t'?l/U"'I"""-- Name (prim) Ii a i'Y\ 'f' :i A } -;r DUle & Pluce of Signil1g "1/10 I &If; \ llclinqucnl Inlerest: ~r v l.U }..J 01 '( HI t) I Co" l'erjtlry: Perjury is a class C felony which is punishable by imprisonment In a stale correctional institulion for a maximum lerm of nUl more than five years, or by a fine in ail amOllnl fixcd by th\l court of filII morc Ih..n fi VI: Ihousand dollars ($5,000 00). or by both imprisonmcnl and line (RCW 91\ 20020 (ICn ) HoE\' 10(.4 (InOb (6-\b"~~~) fPJ) 12 r! \)hl 11IWI' OF /(FVFNtll', I'OR 'I'REASIHlER'S \I~l ONlY SEP II S3 2 G ~ 5 ~ 0 ,1: MLS"C FOF1II 13A Approved 10111 R... 31M / \ The following Is part of the PurchelM and Sale Agreement tI ;\ ~~;oJANCING and PAYMENT TERMS ADDENDUM TO PURCHASE and SALE AGREEMENT 9) 11 I) dated I d lIB 19 9~ between and -' \ '\ \j \ i I I. '.1 . q i l.,.\-\ ..J' , 'I. <" I 'A , . ',) l. } J ., ~~ ~ r;... . riA J '('..-- r-.\ \.L~ ~/) 1 1) ( Buyer) (Seller) (the Property) ooncemlng: LENDER FINANCING. TYPE OF FINANCING: This sale is COnditlOfled on Bu)'(lf obtaining 0 Conventional 0 FHA 0 VA 0 other financing. 2. DOWN PAYMENTIlOAN APPLICATION: Buyer agrees to pay $ down Including eamest money at closing. Buyer agrees to make application within days (5 days If not filled In) after mutual acceptance of this Agreement. for a loan to pay the balance of the purchilse price. Buyer agrees to pay all loan application fees, such as credit report, appraisal and title Insurance fees, as required by Lender or Escrow Company, regardless of whether or not the loan closes. If application is not made within the time limit agreed to, then Seller may, at Seller's option, terminate this Agreement. 3. FINANCING DEADliNE/SELLER TERMINATION NOTICE: If Buyer has not, within calendar days (30 d8lyi if not filled In) after mutual acceptance of this Agreement by all parties, given notice that Buyer has obtained financing or waived this flnancing condition, then Seller may, at any lime thernfter, elect to terminate this Agrtiement by five days notice. If within five days of Seller's notice, Buyer does not waive this financing condition by notice, this Agreement shall terminate. 4. EARNEST MONEY' If Buyer has not waived this financing condition, and Is unable to obtain financing after iI good faith effort, then, on Buyer's notice, this Agreement shall terminate Bnd the earnest money shall be refunded to Buyer 5. FHA LOAN COSTS: If this sale Is conditioned on Buyer obtaining an FHA loan, Seller agrees to pay S amount to be applied toward Buyer's loan discount, If any, at the Interest rate selected by Buyer or % of Buyer's loan 6. VA LOAN COSTS. If this sale is conditioned on Buyer obtaining a VA loan, Seller 89rees to pay $ or % of Buyers loan amount to be applied toward Buyer's loan discount, loan fee, interest buy down and/or financing and closing costs to the extent that is allowable by regulations and Buyer's loan amount is nolthereby reduced. 7 APPRAISED VAlUE: If the Agreement Is conditioned on Buyer obtaining mortgage flnanclng, it Is expressly agreed that notwithstanding any other provisions of this Agreement. Buyer shall not be obligated to Incur any penalty or forfeiture of earnest money, or othel\vise be obligated to complete the purchase of the property described herein, unless Buyer receives a written statement Issued.by FHA, VA or lending Institution, as applicable, setting forth an appraised value of the property (excluding ckmlng costs) of not less than the purchase price. Buyer shall have the option of proceeding with the closing of the sale without regard to such appraised value, provided, the difference In excess of the appraised value is paid In cash. FHA, VA or lending instltL..tion does not warrant the \fllIlue or condition of the property Buyer should be satisfied that the price and condition of the property are acceptable. 8. APPRAISAL LESS THAN SALE PRICE. If lender's appraisal of the value of thepropert). is less than the purchase price, Buyer may, within three days after receipt of a copy of lender's appraisal, give written notice of Buyer's election to either (Choose One) o Unconditionally terminate this Agreement; or o Terminate this Agreement unless Seller, within ten days after receipt of such notice. delivers to Selling Agent either a reappraisal acceptable to Itle lending institution of an amount not less than the purchase price, or written consent to nlduca the purchase price to an amount not more thal'lih$ amount specified In the appraisal or reappraisal. If such reappraisal or consent to reduction of price Is not so delivered, and Buyer and SoiIlIer cannot negotiate an acceptable purchase price, this Agreement shafltermlnate and the earnest money shall be returned to Buyer To permit the parties the foregoing time for notices, the c/osing dale shaft be extended accordingly If Buyer does not provide notice as specified above, this Agreement shall proceed to closing without regard to the appraised value. and the difference In excess of the appraised value shall be paid in cash by Buyer 9. NOTICE PROCEDURE: "Notice", as used above, means in the manner provided in the "Notices" paragraph in the Purchase and Sale Agreement. SELLER FINANCING. __/ ~o ., i, ~' . I t.Jt-' ~ o RlEAllESTATE CONTRACT or)J DEED OF TRUST 1'0 SELLER. Buyer agrees to pay $ J d~~inC!Udl~ earnest money at closing and the balance In monthly installments to Seller of $ I d. 5n. u (~ ,or more at Buyer's option, ding interest at .5 % per annum GBfIIll1-~Dd ",/'tire dMlnllshlhtJ pnnclpllIl bdttnlt;~, on or before the first day of each month commencing with the month following closing of this sale. Buyer and Seller agree to sign, at closing, the Real Estate Contract LPB-44 ResJdential Short Form or Note and Deed of Trust (as checked above), attached hereto, and which shall Include the followtng: o A due-on-sale clause ~ A default r~t.e of r .),. % 't1 A late payment fee of _5 % for any payment more than \ \~, days late ~ A balloon payment of the balance owing within l years from the date of closing 0 Periodic payment of taxes and insurance 0 Other " \.. "t ' \l DATE, \ ~t.. \" ~ ,,\ '\. ~ .. ,.... . \ ,"":<:, \;. r.. " ~.. BUYER:............'r<',~~. . """.... . '-.' ~.. . ~,~_ I ""."" "-. - ''If...~.':-..... ,,".,'" aUYER: ' '... ... o CASH DOWN TO EXISTING LOAN. Buyer agrees to assume, at closing, an existIng 0 Deed of Trust 0 Mortgage 0 Real Estate ~tract, ood to ~y the balance of the purchase plice In cash, including earnest money, at closing. The assumed loan has a principal bdaOl:;S of approximately $ and 16 payable In monthly Installments of l'Ipproximetely $' Including Interest at 4l(, pel' annum computed on the diminishing principal balances, and Including 0 real estate taxes 0 hazard insur.1nce. Seller shall deliver a copy of Seller's loan documents 10 Buyer, who then shall have days (5 days If not filled In) In which to disapprove the terms of the underlying loan. Failure to give disapproval within that time shall be deemed approval. Seller authorizes Closing Agent to pey any delinquent payments from money due Seller at time of closing. 3. X PAYMENTS TO COlI,~CTION ACCQUNT. The above paymen18frcxv. !3uyer to Seller are to be made to a collection account at /47 be (.,/e_1.r-.",_1''''~'-c/ kid d ~ \ ~\ \ ,to be established by 0 Buyer)( Seller, , and for which Buyer ~u pay ~ 'I() .o!.,t~ original set.up charges and basic a~nual.tonth~ fees, and Seller shall pay the balance, If any 4. ~OTHER(01\\ ((~, 1.. !'-f1)hCl(fA ~t\) PJI.:i i9~'JJ()') -fl...~ A.iJ9'Jj("f", , ',:JL~ n/\I (It ~ \ U 1 \CJ... -..l I W. s}oJ".n \ a J\:t}{ b.'1 tt:ltrn\L. it i i ~ u ill . {~ "'1 I ' +-' \ 1; I' .1 . .,1 0 t \ f r. ('1 ' ./ ('~x" :}l\C i\~ ~_ If).) J) 'If/I- "iJ"n,I..A- _U"-A, fL ;\.1.16, -flat) " "1 ), b ~i A 10- I l.J.' ~,).. +ili 3~1 {lhl,.xf.J. 't J ~ i" {J{,L oe P-II..< J DATE. .L~ - / .3'- l' .y SELLER: /1 )J../ I A,;......... -/' d'7~L..!1.~ \'; SELLER: f\ )..:U.. (......_ :.....,,"J.:., '-^~ '_. 2. .....\ ~.}.. ~ ,_....... r _..I 1994 Mullip4e Ll8ling ServIoe of Thuralon County WHITE - Selling Broller'lI Copy YEllOW. 1eI1er'8 Copy PiNK - Buyer's Copy 811) MLSTC Form No. 21 Rev 4/94 2 PURCH.ASE PRICE / FINANCING The Purchase Price isl 11 UtJ Dollars ($ -,~).;J.v _ ) including earnest mone o All cash at closing (not conditioned un buyer obtaining a loan) o Lende~ Financing. See attached Financing and Payment Terms Addendum Form No 13 A. ~ Seller Financing See attached Financing and Payment Terms Addendum ForlTl No. 13 A. cUt l.f~~J.1-1L-:Ll:u.J'!WJ. ~..,,-- J 3 BUYER'S FUNDS TO CLOSE Buyer represents that Buyer has sufficient funds to close this sale in accordance with this Agreement, and is no! relying on any con- tingent source of tunds or gifts unless expressly set forth elsewhere in this Agreement 4 CONTINGENCiES. This Agreemef11 0 is '\Ii. is not contingent on 1he sale an%r closing of Buyer s property If the first box is checked, see attached Contingency Addendum Form No 13 B ~A EARNEST MONEY RECEIPT Selling Licensee acknowledges reccipt trom Buyer of $ ~1.Jili------- earnest money in the form 01 '=:J Cas~ Check o Promissory note due _______ ,19 [J Other. ____._.________ to be held' lilt By the Closing Agent [] In Selling Broker's pooled trust account (with interest paid to the Washington Housing Fund) Selling Broker may however transfer the earnest money to the Closing Agent. if the earnest money is to be held by Selling Broker and is over $5,000, It shall be deposited to 0 Selling Broker's pooled trust account o A separate trust account in Selling Broker's na'Tie with the interest credited at closing to [J Buyer [J Seller whose Social Secur'ly (or taxpayer IDJ Number is ---- Selling Broker shall not deposit any check until Buyer and Seller have signed this Agreement Buyer agrcE.'S to pay financing and purchase costs incurred by Buysl If all or part of the earnest money is to be returned to Buyer and any such costs remain unpaid, the Selling Broker may deduct and~ py them ther from. . , _ Selling comp,".y I : . ~~:~ I LL:ln--' _. Office No lfl'f, Office Ph 4<). ~ ~~,~(\~_. HOf'1e Ph ~CL.~=1--. Licensee .'l~--~--- _,- -"'!~ ----- Prln1 Name ~.4b+4 - .b tl k -fe-'~-----~ INSPECTIONS This Agreernent)Q is [] is nOl conaitioned on one or more inspections including, bul not limited to structural mechanical pest, dry rot, hazardous materials, roof septiC, well. soil stability engineering and general condition of the property If it is, see attached Inspection AddGndum Form No.20 Seller under. stands thaI in order for Buyers to obtain financing, the lending institution may require the property to comply with appLicable governmental codes, and may require inspections above and beyond those noled in Addendum Form No. 20 if any Seller agrees to permit inspections required by Lender and will pay up to $ ~OO of the cost thereof If the cost ot inspections exceeds stated amount, and Buyer and Seller cannot agree to a negotiated settlement of these additional amounts, this agreement shall terminate ,mmediately Seller may be required to make repairs to the property In order to compiy with governmental codes, whether or not a sale is completed under this Agreement. 5 6 7 REPAIRS/WORK ORDERS It repairs to the property are required by Buyer (as a result of Inspections on Addendum Form No 20) or Lender Seller agrees to per- form H',e same prior to closing and pay up to $ ,SOC, of the cost thereof If cost of repairs exceeds the stated amount, and Buyer and Seiler cannot negotiate agreement concerning lhese additional amounts this Agreement shalt terminate immediately 8 SELLER'S PROPERTY CONDITION DISCLOSURE, Selier represents that Seiler is not aware 01 any material structural deiects or material problems regarding the property except:_________ .______._._________________.______________ Buyer's offe~ is 0 IS 110t conditioned on Seller providing a completed Seller s Property Condition Report Form No 10 within five business days of mutual accep- tance of this Agreement. Buyer shal! have __.__ busi!1ess days (3 days if not filled in) after rer.eipt in which 10 approve the disclosure information. Failure to give written disapproval shall be deemed to be approval and said report shall become part of this Agreement. UTILITIES Seller represents to the best of Seller s knowledge that the property is connected to [J public [j community 0 private water system. ~ individual well [J public sewer"JieJ septic system, [J Other ______________..__.____ Seller represents to the best of Seller's knowl. edge that (1) the sewage system serving the property is in good working order (2) Seller has no knowledge of any needed repairs tor the sewage system (3) the sewage system will be in good working order at the time ot closing (4) during Seller's term of ownership, the well serving the property has provided an adequate supply of househClld water and (S) con~inued use of the well is authorized by a governmental permit or other established and existing water right, If required In addition to the above there !s ava:lable to the property lint} [] gas main [J cable TV [J other .._______________________ 9 10 LEASED FIXTURES: The following fixtures presently are leas8d:~ none [J furnace [J gas convtlrsion burner [J water heater [] other _______ ---..----------------__________ Any ieased fixtures are Included in the sale and seller agrees to aCQu,re title to the same prior to closing 11 INCLUDED ITEMS: All attached apparatus and fixtures including, but not lilTl/ted to, the following are included in the sale. unless otherwise n01ed. Plumbing and ligm fixtures and bulbs (except free standing and swag lamps) attached television antenna (except satellite diSh), all attached floor coverings, trees, plants and shrubs in the yard, builtin appliances shades, blinds, curtain rOdlS, bathroom fixtures, awnings attached heating and cooling systems. attached irngation equipment The fo. lowing items if any are included in the sale whether attached or not unless otherwise agreed all oil Of other fuel on hand at the time of possession screens, stormevZ'c Windows scmen doors, fireplace insert, attached fireplace screens hot tubs, and any personal prop8rty r13malning on the property when possessi n is t nsterred to Buyer However Seiler agrees to clean t~,e Intenors of any structures and remove all trash. debris and .rubb~Sh. f-. .. 'I '- 11 .,,\~_ t- -{l 01 . 11'~ \..; ,---r#..I- CLOSING/TERMINATION DATE. Closing shall be within ten days after satisfaction or w.aiv~"""~i'\'(;ntingenCieS and con.d>ti\l(S' .but not earrllir than ~-l .. tI o...t ~ 3--1---- 19~. nor shall closing be later than~-:fi:.: =<~~~_:I," / 5.'.i:, l~ '-=,_____ WhiCh shall also ~e 1~ Wmination date f this Agreement. Closing sl1all be With the following qualified escrow agent. ~4.tvW-'+"-'';;j;);:--t---~--~_____ Closing either earlier or later than the above dates shall be by written agreement of the parties. 'Closi~-~all mean th~whiCh all dccurflents are record- ed and the sale proceeds are available for disbursement to Seller However the parties agree that there shall be substantial and satisfactory compliance if on ttle termination date all documents are executed and ail required funds are depOSited in escrcw or available from Buyer's iender on recording. 12 13. POSSESSION: Buyer shall be entitled to possession X1 on the day after closing, CJ within____._ calendar days after closing. and Seller agrees to pay Buyer $ __ tor each day ot possession beyond dale of closing 0 othllr__.____.__._______._.___ Broker is not responsible for the collection of rent. Buyer shall be considered to have possession when Seller has vacated the premises and has delivered the keys to Buyer or Slllling Broker Seller agrees fa maintain the property and included appliances in their present condition, normal wear and tear excepted. until Buyer is entitled to possession Buyer reserves the fight to reInspect the property within fiVe days prior to transfer of possession 10 verify the foregoing. 14 CLOSING COSTS AND PRORATION: Seller and Buyer shall each pay one. half of the escrow fee unless Irlis sale is FHA OR VA financed in which case it shall be paie according to FHA or VA regUlations. Seiler snail pay real estate excis", tax. Taxes for the curran! year rent, interest, and lienable home owner's association dues shall be prorated as of closing Buyer agrees 10 Day Buyer's loan costs, including credit report. appraisal c~arge and mortgagee s title insurance, unless pro- VIded otherwise in this "greement If any payments are delinquent on encumbrances whiCh will remain after closing, they Shall be paid by Seller or from !he pro- ceeds of the sale. Seller agrees to pay all utility charges ,Including unbili13d charges) Buyer understands that the Listing and Selling L;cenSHes are not respons~ ble fOI or insure payment o! Selle(s utility charges. ,..;z, , iNITIAL.$' 8uye(-r'~~-0~~___ Buyer ___ , ~ Seller .:.L./O----.- Seller _t._____u______ 1934 Multrple Listing SerVice of Thurston County WHITE Selling Broker's Copy YELLOW Seller's Copy PINK Buye, s Copy ~ ......,:t RESIDENTOREAL ESTAT~ PURCHASE AND S,I\LE DEMENT (CONTiNUED) No ~/70 MlSTC Form No.2! Rh 4/94 Page 2 of 2 Pages t5 CONDITION OF TITLE. Unless otherwise specified in Ihis Agreemenl title 10 Ihe property shall be marketable al. closing. The following shall not cause \he title to be unma(ketable r.g~lts. r"servations. covenants, conditions and restrictions presently of record and general 10 tM area. easements B<1d encroachments not mater~ ally affecting the vabe ot or unduly Interfering with Buyer's intended use of the property- and reserved oil and/Or mining rights. Monetary encumbrances not assumed by Buyer shall be paid by the Seller on or before closing 16. TITLE INSURANCE: Seller authorizes Clo~;ng Agent, at Seller's expense 10 apply for a standard form owner's policy of title insurance with homeowner's addilional protection and inflation protection endorsements, if applicable and available al no additional cost, to be issued by the Title Insurance Company Seller designates. The title policy shall conlain no exceptions other than those contained in said standard form and those not inconsistent with mis Agreement. if lltle is not so insur. able and cannot be made so insurable prior 10 closing, Buyer may elect either to waive suct! encumbrances or defects, or to terminate this Agreement and receive a refund of the earnest money Suyer acknowledges that a standard form of title insurance does nol insure the location of boundaries and that an eXlended form of insurance is available at additional costs. 17 CONVEY ANCING WARRANTY DEED, Title shall be cOrlveyed by a Statutory Warrant}' Deed. If thiS Agreemenl is for conveyance of a Buyer's interest in a Rea! Estate Contract, the Statutory Warranty Deed shall include a Buyer's assignment of the contract sufliciertt to convey aner-acquired title. SECURITY If this Agreement is for sale on either a Real Estate Contract or a Note secured by Deed of Trusl, the parties agree to the form(s) attached hereto Jnless the lending institution providing financing requires different forms. If Real Estate Contract Form LPB-44 is attached hereto, only those optional clauses in that form required by the terms of this Agreemenl shall apply LIABILITY FOR PAYMENTS. The holder IS entitled to collect payments on a Real ESlate Contract or Note even though the Buyer abandons and/or offers to quit claim the Property to lhe holder ASSIGNMENT Buyer may not assign this Agreement, or Buyer's rights hereunder without Seller's prior written consent, unless provided otherwise herein. UNOERL YING ENCUMBRANCES. /1 lhere is an existing Deed of Trust. Real Estate Contract, or other encumbrance which is to remain unpaid after clOsing and its terms require the holder's consent to this sale, Buyer agrees to promptly apply for such consent and this Agreement is conditioned on it being obtained. 18. FIRPTA COMPLIANCE, If Buyer does not imend to use the property as a principal residence or if the purChase price exceeds $300 000, then this sale may be sub- Ject to the withholding and reporting requirement of the Foreign Inveslment in Real Property Tax Act (FIRPTAI Form No 13 H, unless Seiler furnishes to Buyer an Affidavit of non-foreign status. Seller and Buyer agree to comply with FIRPTA, if applicable 19 TRANSACTION INFORMATION Buyer and Seller authorize all lenders closing agents, appraisers, title insurance companies, and others related to thiS sale to fur- nish the Listing and/or Selling Licensee on request, any and all in10rmation and copies of documents concerning the status, progrr;ss and final disposition of financ lng, appraisal, closing. titlo condition, and any other mailer concerning lhis sale, including Buyer's credit raport. The Listing or Selling Licensee IS authorized 10 report this transaction (including price and all terms) to the Multiple Listing Service and to its members, lending institutions, appraisers, and anyone else. related to thlS sale. 20_ INSliLATION NEW CONSTRUCTION: If this is new construc1lOn, Federal Trade Commission Regulations require the following to be filled in (If insulalion is nol yet selected. FTC regulations require Selier to furnish Buyer the mformalion below in writing as soon as it is available_) Wall Insulation Type ___...__. ____.___________~ Thickness.___._______._ R-Value _________ Ceiling Insulation Type ___._._.~~-_.--------.- Thickness' _______ A-Vaiue __.________. Other Insulation Data. ______________._________ _______ ____________._________________ 21 NOTICES Unless otherwise specified in thIS Agreemem, any and all notices required or permitted to be given under this Agreement must be given in wnting. Notices to Seller musl be signed by at least one Buyer and shall be deemed to be given when actually received by or at the residence of Seller or by or at tha otfice of listing Agent Notices to Buyer must be signed by at least one Seller and shall be deemed to be given when actually recElived by or at the residence of Buyer or by or althe office of Selling Licensee Both parties must keep Licensees advised 01 their whereabouts. licensees have no responsibility for nolices beyond cal~ ing the party l'lr delivering the notice to the party's last known address. 22. COMPUTATION OF TIME. Unless otherv,ise expressly specified herein any period of time specified in this Agreement shall expire al midnight of the last calendar day ollhe specified period of time, unless the last day is Salurday Sunday or legal holiday as pres!;ribed in RCW 1 16.050 in which even! the specified period of t,me shall expire at midnight of the next busmess day Any specified period 01 five days or less shall include business days only 23 FACSIMILE TRANSMISSION Facsimile transmission of any signed original document, and re.transmission of any signed facsimile transmission shall be the same as delivery of an original. At tile request of either party the parties shall confirm facsimile transmitted signatures by signing an original document. 24 PROFESSIONAL ADVICE Buyer and Seiler each acknowledge thai it may be advisable to have the terms and conditions of this Agreement reviewed by mdepen- dent legal counsel and/or a tax advisor as the terms and conditions affect the partIes r:ghts and may have tai( implications. Furthermore Buver and Seller agree that: (a) they are nOl relying an any representations or advice by lhe real estate licensees involved in this transaction and. (b) lhey have satisfied them3elves as 10 the terms and conditions of this sale 25. GENERAL PROVISIONS Time is of the essenCll. There are no verbal agreements which modify this Agreement This Agraeme'~t constitutes the fuil understand- ing between Seller and Buyer Buyer has personally observed the prope~ty and has reached Buyer's own conclusion as to the adequacy and acceptability of the property based upon such personai inspeclion Un!!?ss otherwise expressly specified herein, sql.oare footage dimensions, andlor boundaries used in marketing tile property are understood to be appro)(imations and are not intended to be relied upon 10 determine the fitness or value of the property DEFAULTiTERMINATlON /1 this Agreement is terminated for any reason, any costs authorized under this Agreement to be advanced from the earnest money deposit shall be deductad before the remaining earnest money is refunded to Buyer or forfeited to Seller 11 a dispute should arise regarding disbursemenl of any earnest money the party holding the earnest money may interpload the funds into court. Furthermore if eilher Buyer or Seller defaults, the non.defaulting party may seek specific perlormal1ce or damages, and the Selier may undar some circumstances, retain the earnest money as liquidated damages. Howeli",r the Seller's "3m- edy sh~ be limiled as follows if the paragraph below has been initialed by bOlh parties. "~~_.~-- - - In the event the Buyer fails, without legal excuse to complete tne purchase of the property Ihe earnest money deposit made by tre Buyer ~- shali be forfeited to the Seiler as the sole and exclusive remedy available to the Seller for such failure Furthermore if lhe earnest money /ilJ.d.:k~ depOSited exceeds flVll percent (5%) of Iha saie price Seller may retain as liqUidated damages and as Seller's sole remedy earnesl ""VSeI-I-;-..1 'I money equailng only five percent (5%1 of the purchase price' any additional earnest money shall be refunded to Buyer eran 8. CI .. (1111",. / AOO.END~MS/ATTACHME~TS. The fo~wing addendums/altachments ar.e part of this Agreement: l".J~lIk A.8L_L.1.l11&L~l1d1A 'rn , ~iLLl~~.l j{l~ Q ~4J1t~f-.A l_-----Buyer and Seller lay only amend tnlS Agreement by mutual written consent. 28 ~b~EEMEilTO ~URCHid.EI i~ !rIME LIMIT FOR ACCEr.TANCE. BU. yer oHers 10 purchase .lhe property on the above terms and condir,ons. Seller has until ~ 01 Ji.M.- __.______ 19 --'i~__ to accept this oHer (if not filled in the calendar day fOllowing the lasl Buyer signature date in lhis paragraph) unless sooner wilhdrawn Acceptance is not eliective untIl a signed copy hereof IS actually receIVed by or at the office of Selling licensee i! this offer is not so accepted, it shall lapse and Selling Brok. er ~~i! re.'\ind the earnest money to 8uyer BuyerL~~-~:-'~''''~'...~~~~--, _ Date r,,\ \~ _____ 19~~L. Home Ph \\\~G-::"J3~~___ Buyel._ ~___.___ _~_____ Date 19 Work Ph: Buyer's Address.\"_ ~ \--:'"~I',-_S~~~__.-=:.':) ......"-.,.. ..:.'~' : --:-~---_______-=__==~____~__--Zip ~'-~:)~:c\---- SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT Seller agrees to sell the property on the lerms and <:ondltions set forth In this Agreement. and fur- ther agrees to pay a commission according to the terms 01 the listing agreement. II the Selling licensee is not the Listing Agent, the Seller agrees 10 pay the Selling Broker ~-5.. % of the purchase price or $ ___ ______, and the remainder of the commiSSion under tile terms of the listing agreemont shall be paid to the Listing Broker Soller assigns to Brokerlsj a portion of the sales proceeds equal to the commission, and irrevocably aulhorizes and instructs ihe Closing Agent to disburse the c.'Ommission directly to Broker(s) at ciosing. )( COUNTER OFFER OR MODIFll..,ATlONS ARE MADE A PART OF THIS AGREEMENT Buyer shall have until ___________ 1. 0 q____ M. ON J)~-Al-- .______________' .19 _'1_~_ within which to accept same ChOice of Tille Company' ::r:AOl'lJ 4. il\.t-1.L{~------------- _._._____._____ Seller 0 is 0 is not a foreign person/entity seiler_.~~~~~_______ _____ Date a=-LL;.-!1L 191J!7- Home Ph ~..5.3.::..s.L#n__ Seller' 1...l.F ~'V~ ___.__..._. Date -D-/-li.-----__ 19....!.'y'- Work Ph 1:Lrr-:S:L~~ Prim Seller's Names__ L~ J.L..'-""--__l_...... K~l__~+-~ ::-:l. -~.-B \' C u..J...bL___ _______________~____ --- Seiler's Address. J~I ~O____ \4-w~1S.0 ~-S.&.----.~-L~-j-I...>...L~'- --'i8..5.:i::t-_______~_Zip _____n______ Ust;ng OffiC"1 ~"N7V~.!'t--Ll ~ _.&cZk!U~ice No -U-~ Office Ph #'fi'-4::::::::'...2- -:3 2 3 MLS No ______ ,30 BUYER'S RECEIPT. Buyer acknowledges receipt 01 a ell,:,r signed copy of this Agreement whi.::h coMains a full and complete legal description of the property on BlJy::;>'\,.-~--.~~~b.~~-~;;.-{ 19 ( ::\~ ~~~~Yer ____ ______ ___._____________________ ~--~ ('Jrli) one signature required) 1994 Multiple list, Service at Thurston County WHITE Selling Beaker's Copy YEll.OW Seller's Copy PINK Buyers Copy 26. 27 29. '...... o o CCopyrlght 1990 Puget Sound Multiple Listing AallOCialion ALL RIGHTS RESERVED Permission Granted MlSTC Form No, 13 Approved 10/91 ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following .is a part of the Purchase and Sale Agreement dated 1..ci...}.1 f> between LfK\\. \l Gf) ~ ;\ ~, 8. t 11(4 h'-/ . ~A Hit HI. /io- rt l.I a'l0. !11.. Q oW {~ IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS ,19 q4 . ("Seller") and , ("Buyer") ,. -1/. ~-- Y- J-!:!!:~ ~~. ~ Iu~Cf(~' 3~ ~m)t UJ); ,f:-Q U ~ r ) _-& 1> ~ () fell) d.tJ..- --r ALL OTHER TERMS AND CONDITIONS of said Agreement n:~main unchanged. \~. ~ BUyer'C~~~~~'-.; Date \~ ~\.L ~r('- . ,: _~~,\.__ Buyer' .j ~ Date Agent (Office) -LuJ } yJ I j )1. V f ,19~dselle~~ !~ Date!~-/f' ,19~ ,19_Seller' r\~~..-~~ ~ate I) / 11,19 Cf<i i-Lf'l~~ By ~jWV' rJV,~ D 00UNrr YUITe Fetm Ne, 130 Awe"", IMI Ae~IMd 1112 '--'" "-'" f') Cnoy.lghl HIll 1 "ug.1 Savnd lAUh".A llolln, ....acllllloft "'-l nlOHTS RESERVED OPTIONAL CLAUSES ADDENDUM TO PURCHASE AND SALE AGREEMENT The followIng Is a part ot the Purchase and Sale Agreement daled --JlJ Ie:, belween~eY'h?~ /7-C'-#/'-e"'> ,<JL<-.//.:/ 4'5'5/c'/~?~ 1~6._ K'1i) r ' ~ and_ l~ .~~.c.~ I~L{)H!Y---" d_ concernIng the purchase and sale of: I () . ~Q.J Lt~_( tfi . __ ("\119 property"), 19 9lf '- ._ ("Buyer") ("Seller") Check If Included: '$. 1. SQUARE FOOTAGE/LOT SIZE/ENCROACHMENTS. Agent, and the LIsting Agenl, make no represenl<1lions concerning (a)lhelol size orlha accuracy 01 any Inlormalion provided by Ihe Soller; (b) Ihe square fool age or anyimprovnmnnls on Ihe properly; (c) whelher Ihere are any encroachments (fences rockeries, lJui/dinU5) on the properly. or by the prop()! Iy 'HI ,ldi;)c~n1 properties Buyer Is advIsed 10 verily 101 sIze, square loolage and encroachmonls !o Guyer's own satislaction, priul to closing 02. EXTENDED COVERAGE TITLE INSURANCE. Notwilhstanding thEl Title Insurance" clause In Ihls Agronmonl lendof or Closing Agenlls directed 10, at 0 Buyer's 0 Seller's 9llpense apply for an Al r A orcomrarable e)(lendedcoverago policy 01 litle insurance ralher Ihan Ihe slandard Form Buynr's polley re/erred to IhOlein 11 a boundary survey is required, i1 will be ill I Illuyer s 0 Seller s expense. ~3. PROPERTY AND GROUNDS MAINTAINED. Unlil possession Is Iranslered 10 Buyar, Soller agrees to maintain Ihe properly In the same condillon as when InUlallyvlewed by Buyer The term "Properly" includes the building(s}, grounds. plumlJ!n\] healing, electrical and olher systems, and all included appliances Should an appliance or system become inoperative or rnallufwtioll prior \0 transfer 01 possession, Seller agrees to either repair or replace the same wilh an appliance or syslemol alleasl equal qUiI!ily prior \0 closing Buyer reserves Ihe righllo reInspect Ihe properly within live days prior 10 lransler 01 possession, 10 verily lh() 101 pqoinn Buyor ;Jnd Sellerundersland and agree thalAgentshall nol, under anycircumslances, be liable lor the foregoing or Seller s Ixorlc/Jol lhisclause rid. 4. ITEMS LEFT BY SELLER/CLEANING, Any personal property fixlures or olher lIems remainIng on tho properly when possession Is Iranslerred to Buyer shalllhereupon become the property ollhe Buyer, and may be retained or disposed 01 as Ollyer determines However. Seller agrees to clean the interiors 01 any structures and remove all Irash, debris and rubbish prior to Uuyer laklllO possession, ii4 5. OTHER: PURCHASER understands that Winde...crle Ileal Ezlale IleitIS WA and its agents In conveying information regarding land dilll~nsions or w,,{cdrool footage, relics upon information received from various sources includ iog the SELLER title insurance rellorlS and county records Wi..dell'"lIIe1"e Ileal Eslalel Yela VIA ami its agents cannot guarantee the accuracy of information received from such sources. as slIch information has, on occasion. been ,n error PURCHASER warrants that neither Wiindenacre lul Eslalc/Yehlll WA nor its agenls have made any representations concerning boundar~' lines 0'1' prollcrly d imcns iOlls PURCHASEH understands lhat the only accurale mcthod fvr detcrmining boundary Jines and/or properly dimensions is a survey, performed Lly a licensed land surveyor PURCHASER Curther understands thal the standard larm Purchaser pal icy aC litle insurance does nol insure boundary lines or properly dimensions accompanying such Litle insurance; il is for inCormational purposes only Exlended title ins\lrance covering boundary lines and properly dimensions is usually available at increased cosl, "nu lypically requires a survey ~6 Because It /s being mailed, please allow 3-5 business days for receipt 01 Earnest Money from the Tille Company 07. The Buyer aod Seller are advised that this sale involves a mobile home that may be required to meet guidelines and building codes fromlhc Deparlment of Lahor and Industries The Duyer and Seller acknowledge that WiodcnBcn: leAl l!slal.e/Tch.. WA amI its ap,ellls have no expertise in lhese mallers and recommend thal parties tv this transaction satisfy themselves thal all appropriate lnspeclivns have been completed and all bujlding codes have !Jeen met. <-~~~~ INITIALS. Buy~~~ Buyer ~ Dale 10 __ Date l.J:{ f G sellea$1Z_I',H;r?U~Sengr r) ~_ ~ ~~ 01 ) .194 Dalel.2-/'Ir 19 i..!/- Dale _~ l~ 19 ~ 1\t{1;E-8toll#f', CO" GRl:EN-&c/ow Copy CANARY-Pureh.iI4I". 2nd Copy PINK-Selle,', Cop)' GOlO..-l'utch.lfr. lit Copy -......, MlSTC Fofm No. 20 ApptV\/ed 10191 ROY. W4 INSPECTIONS ADDENDUM TO PURCHASE AND SALE AGREEMENT The following is a part of the Purchase and Sale Agreement #~dated Ie) 116 19 ~ \f between ~ ;~-" J'~",- ;'c;r~ ~h~/ OS, I (j "-'" 11116 i< i\~ (Buye~ and ~_ __' ~_ J L.I~_ __U~"-___ _ (seller) concerning: l~J3() lliLI~ SOl (t~( JJ) / (LAl (the Property) The above agreement is conditioned on Buya"'r's personal approval of the results of the following inspections: ~ Structural, mechanical and general condition of the improvements on the property to be ordered by and completed at ~ Buyer's 0 Seller's expense within days (10 days If not filled in) of mutual acceptance o Hazardous materials (including but not limited to asbestos, urea formaldehyde. and buried oil tanks) - to be ordered by and completed at 0 Buyer's 0 Seller's expense within days (20 days if not filled in) of mutual acceptance o Roof - to be ordered by and completed at 0 Buyer's 0 Seller's expense within in) of mutual acceptance " Wood destroying organisms - a preliminary wood destroying organism inspection report to be ordered by and completed at 0 Buyer's 0 Seller's expense within days (10 days if not filled in) of mutual acceptance" days (10 days if not filled 1J.. Septic system - Seller shall provide a 0 Loan Certification ')tJ Ope~on and Maintenance Pennit prior to closing at Seller's expense ~.-i. Wd ~ ()~V)'~ 'tJ Water supply - a Standard County BacteriOI09i~~ be ~~red by and completed at 0 Buyer's ~ Seller's expense prior to closing. o Other: NOTICE OF BUYER'S DISAPPROVAL. Each inspection condition indicated above will Qe conclusively deemed satisfied (waived) unless Buyer gives notice of disapproval of the inspection report within ~_ days (3 days if not filled in) of Buyer's receipt of the report. This notice must be accompanied by a copy of the Inspection report, and must identify the conditions in the report which are unacceptable to Buyer This notice must also indicate Buyer's intent to terminate the Purchase and Sale Agreement, or willingness to proceed with the Agreement if Seller corrects the unacceptabie conditions. 2. NOTICE - SELLER WILL REPAIR. If Buyer has indicated a willingness to proceed with the Agreement if corrections (repairs) are made, Seller shall have :..2-. days (3 days If not filled in) after receipt of Buyer's disapproval notice to give notice that Seller will correct the conditions identified by Buyer 3. SELLER WILL NOT REPAIR - BUYER MAY TERMINATE. If Seller does not give notice that Seller will correct the conditions identified by Buyer, Buyer may elect to give notice of termination of this Agreement within -3-- days (3 days If not filled in) after expiration of the time limit in Paragraph 2. The earnest money will thereupon'be retumed to Buyer If Buyer fails to give notice of termination, this Agreement will proceed to closing, and the Seller's obligation to correct conditions identified by Buyer will be limited to the cost agreed upon in Paragraph 7 of the Purchase and Sale Agreement for all repairs. 4 REPAIRS - ACCOMPUSHMENT. If Seller does (per Paragraph 2 above) give notice that Seller agrees to correct the conditions identified by Buyer, then they will be accomplished prior to the closing date 5 RE-INSPECTION BY BUYER. Seller's corrections are subject to re-inspection and approval, prior to closing, by the inspector who prepared the inspection report, provided Buyer elects to order and pay for such re-inspection 6 NOTICE PROCEDURE. "Notice" as used above means in the manner provided in the "Notices" clause of the above referenced Purchase and Sale Agreement. 7 OTHER: DATE: \ ~ ""~\. \'--\l_\ c. --... ~~,\ ~~'!w.4.-=''''~....." BUYER-- _...-....... \ . .~~..:..~- '-.<,...-;- BUYER .0 \. ,>- I --.I DATE. / ~ ~ /1/- 91' SELLER.u).uJ~. d ~ SELLER ~ OJL~,- \.-~ .,t i')~.(.:i\.."~ 1994 Ml/ltiple lIl1ting SeMce of Thul8lon County IMm! Selling Brokor's Copy 'l'flLOW SeIl.,..Copv PINK I3u)oeI'tl Copy ."". fl]1]0 THURS70N COUNTY !v1LSTC!'mm No. 19 Adopted 3/93 OJ o AGENCY DISCLOSURE Purchase and Sale Agreement No )3 11 () Washmgton State law reqUires real estate hcensees to dIsclose to a prospectIve Buyer and the Seller m every real estate transaction who the Llstmg Agent represents and who the Selhng Agent represents BOTH THE SELLER AND THE PROSPECTIVE BUYER ARE ADVISED THAT THE LISTING BROKER, f, ~:O I i) I f ~. 1 ,1~W ~6L) I , (COMPANY NAME AS LICENSED) AND THE LISTING SAL~SPERSON C. hu (t l-1~ ml){b... (NAME 01<' AGENT) REPRESENT THE SELLER, UNLESS OTHERWISE AGREED UPON AS FOLLOWS: BOTH THE SELLER AND THE PROSPECTIVE BUYER ARE ADVISED THAT THE SELLING BROKER, (dll-t'lJ \ )) , t-\ - ~ THE SELLING SALESPER ON (.uti , l:) LA l t.J (COMPANY NAl1 AS LICENSED) AND ~~~l.\., ~t\{/l.A~ ...ANAME OF UNLESS OTHERWISE AGREED UPON AS AGENT) REPRESENT THE FOLLOWS: DUAL ~GENCY DISCLOS~ IF THE LISTiNG BROKER 01<' A SALE~PERSON FROM THE LISTING BRCIY..ER'S CUMPANY HAS ALSO CONSENTED TO ACT AS BUYER'S AGENT, THE UNDER<;JIGNED ARE CONSENTING TO THE LISTING BROKER AND THE SELLING BRUKER ACTING IN A DUAL AGENT CAPACITY BY UNDERTAKING TO REPRESENT THE !NrERl~ST UF BUTH THE SELLER AND THE BUYER. IN SUCH A DUAL AGENCY SITUATIOl\, BOTH THE LISTING AND THE SELLING BROKi:RS ARE INSTRUCTED NOT TO REVEAL CONf1DENl1AL OR PRIVILEGED INFORMATION ABOUT ONE PRINCIPAL TO THE OTHER PRINCIPAL WITLIUUT THE CONSENT or THE FIRST PRINCIPAL. Acknowledgment uf Copy ReceIved SELLER: tU4.h.AAr/ ~~ _ SELLER' 1" \ u.1-\--,,^, 'f \'~"-A"'>'-'J"' DATE: & 9-.~ I ~. 1<190 I' , c.)~.~\~~:"'~. \t; BUYER: ~ ~ \\_~,<_ .J. .... "-'\ BUYER: ''-\ ~u~ (.( J~ ,lqql/ DATE. " ~~::.~- ,,,",-",~,...,,...,.~., --............ },ISTlNG ~OKER: G':J./ ~fll L4 D w-....-t It -LJ Company Name aslLicensed ' By ~1L~ k CQ ~~ t"~ .?__ ~erson '7S-~ ;Z 3 2 ") Office Phone No Date ()::e-e / ~f ~___ lu 1 y~L\~~~ ~~~KEf:Llli CompanY~ice~ B . ) " . Salesperson I :J, "') ) _~{ S ~ -3 g s 5. ~h6ne No Dale J J./I3f1!L-- ~H c..pyrlght Multiple Ustihg Set"\'ice of Th\ll'llton COWlty 1993 Brokel"s Copy - WhIlE, SeBel"'S Copy _ Yellow, Bu)'er's COpj' _ Pink a Cf?UN1'Y MLSTCFamNo.17 " QOUNTER OFFER NO. 1-= ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT.:p. f!:t' /'70 o /1 /1 +_ 19 9 '/ I /' ":i-c; ;7 5.,4- // l I ( { / !iiIfJIf!-- I }if The purchase price shall be $ .J- J/:<; 000..., payable 0 as in the above offer; /~ as follows. I I APPIltJVn> J(I,91 R.....u.dllm All terms and conditions of the Real Estate Purchase and Sale Agreement dated . / .;J.. //<5 between (v r-ec, i;ve --.L:ic;~~.s a.hc://~I' A '>5<7 ;u 5 and /1 r / ft,.> 13 /"0 ~JM;../ ____ . (the Buyer) (the Seller) concerning the purchase and sale of: __ / ~T/ 3 0 // ~ :; jel......" ~cr 9~:?97 are accepted EXCEPT for the following changes: (the Property) o Other. / / / f ,I .. / / (I I I All other temlS and conditions of the above offer are incorporated herein by reference as though fully set forth. RIGHT TO AC<;EPT OTHER OFFERS: Seller reserves the right to accept any other offer prior to Buyer's acceptance of this counter offer and Listing Agent being so advIsed in writing. .,r . EXPlRATION:)( Buyer 0 Seller shall have until 9'00 P.M. on --I2-e: ~ ;{L 7 ']I (if not filled in, the second day following receipt of this by or at the office of the J( Selling Agent or 0 Listing Agent) to accept this counter offer, unless It is sooner withdrawll. Acceptance shall not be effective until a signed copy hereof is actually received by or at the office of the o Selhng Agent or)( Listing Agent. If this counter offer IS not so accepted, it shall lapse and the earnest money shall be refunded to the Buyer DATED: /d - I ~ /Jdl-J-.~.- lJ Buyer er , 19 f'j/ _ .-----.,- ~~~ ~ ~~ o ~uyer ;f stotler \3 THE ABOVE COUNTE& OFFER IS ACCEPTED BY: 0 Buyer 0 Seller ON ,19 A COpy OF THIS, SIGNED BY THE 0 Buyer U Seller was received at , 19 M ON Agent (Office) By o Buyer 0 Seller ACKNOWLEDGES RECEIPT OF A SIGNED COPY OF THIS COUNTER OFFER ON , 19 (only one signature required) Copyright 1993 by Multiple Listing Service of Thurston Coullty ALL RlOllS RESERVED MLSTC FoI'M No, 17 Approlled , 0It1 RevlMd SI92 o o Q Copyright 1990 PV(l91 SOlJnd Mu~lple U81lng A&aoclallon ALL RIGHTS RESERVED COUNTER OFFER NO. J ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT A!I terms and conditions of the Real Estate Purchase and Sale Agreement dated ___. ! + i / V between / (l '1 i i p',---H-'~.;p I'd U I. ri l/ I (2.,)."" ("<'1'1\..2 I I ) i "1' t,,),~ I and f I ''I ' , . ""lLL..:.... (;;)- i.. ( I., . ,19~, {"Buyer1, ["Seller'] concerning the purchase and sale of' ("!he property"] a:e accepted EXCEPT for !he following changes .i /'. "', - p The purchase price shall be $ . d.. -) I i ~) )') J ,payable 0 as in the above offer; )6 as follows I J (1 .. J'I . ~ { .... 1\ il. I I f I v i, ...... p_ Other lt~'c Ij~-L I L It, ,t.. -.f .. l /j ,.1.. r / l iJi 1'//6,) u ntua&!iJ ~L -f c , i t I ." 1fti.i, ,"I . Vv /. 1'1 I I .If -....l.U I >if f 111f _,x. <. ( 1"- ~1lt{ C/'Jw~ / -t() ,b.l .... ..... I)j t_: I~} .i J I D I j t'l '-' ( ) {J tJj~ -I, 'j "I ; t'{ C 1\.' ." " / (,t /, I ;.' ( 1 { j, J I \.'.,,).(/ I /{I ell/it.' 1,./1.. {)i!t ,//.'{1 / '-, }",j !I(~.'.I< ' . r 4' . " /l {/ J I: );j J "/1 (UlA...... c f)( l. /) ('\J~ I I 11(\,// 'k, , i I r i .r., 1<:' I 11/ 1...- 4./' / I ( {' -1. I I , / ( lULl 1- ur, -IJt111Ll '1i~ " I f ,I ;' ( 11 ~ /.1 1 'II' l fl.. .ti I) I I . (I / 1\.).. I ..i {..... -f; I Ji/l I {1f(f.lll~ .11..1 /11 {[ t /1 ell I /fi .,(. / / ' I I ! i P/.b~~' l! Cj (I I -I (111~JL I I I,..V ill Ij IJ I r i' I J 't' "lit' L/t./f .1. j ..t{ t..! i \. 1 J // ../ (' ..' I r I -j c( ~.if' ({ iJ-/ .-l iAv 1.1) InIJt{.~L(l\..' (1, r€ t A.. /1,1 .;.( \ l C /1 'J ' , 'l.~' '- (iLl jt./,../ I) r/ I., " o Buyer 'ti Seller SHAll HAVE UNTil g.OO P M ON ~~_~_(IF NOT FillED IN, THE SECOND DAY FOLLOWING RECEIPT OF"THIS BY OR AT THE OFFICE OF THE 0 SELLING AGENT OR 0 LISTING AGENT) TO ACCEPT THiS COUNTEROFFER UNLESS IT IS SOONER WITHDRAWN ACCEPTANCE SHALL NOT BE EFFECTIVE UNTIL A SIGNED COpy HEREOF IS ACTUALLY RECEIVED BY OR AT THE OFFICE OF THE 0 SELLING AGENT OR 0 LISTING AGENT IF THIS COUNTEROFFER IS NOT SO ACCEPTED, IT SHALL LAPSE AND THE EARNEST MONEY SHAll BE REFUNDED TO BUYER All other tel ms and conditions of the above offer are Incorporated herein by reference as though fully set forth I DATED~~_.....,.------, 19 I C _\ '~;:\N~~ ~~.."':.~~_,~~~ ~.-" f," -;;::j-' --;~':::I~....,~X\'_",,~ W Buyer b Seller .'. t:1 o Buyer 0 Seller THE ABOVE COUNTEROFFER IS ACCEPTED BV Ll Buyer ~Seller ON D.e c: dL-<--( ___. 19!1!t- II) //' ./ ,~ ' (.....'~ (J.t 0;....'" \......;' '\ : r -<L{ J..-./ 1'<. ~~ ~ '''--C-- ~" ::. _~~l"'\-<''''''''' "r l J ACOPYOFTHIS,SIGNEDBYTHE 0 Buyer [lSeller,WASRECEIVEDAT'.~..1 Ii M. ONi! i c :'.,;.-- ,19~ -0-L.i ,.{ , JJ~"- AGENT (OFFICE) 1/1 , 7\", ,I Ii i , '/' ,I I l \. ( "-! ; ~j ,It\ . t Ii " i , Hi I.; , \ ~ I , d I 1/(. ,I t I I ( ~.I'., .I J/i ( 'LfJ / . _"l.. ,- J Y.o Buyer 0 SeUer ACKNOWLEDGES RECEIPT OF A SIGNED COPY OF THIS COUNTEROFFER ON "", f"'\ r- r-..\ \. """'~. \, ~ .' \ ", , \ '.. . \. \ \, ~'\ '';-I,~........... \.:.:~..~;:~.~:T~~'"T~~.~t(~.~~~ -~~ \4)~ '.J....,; Q'-r;;-SlJ>~~ (only one signature required) ~ (. /'j ", "! ,. 194- \ j -,. ~-- 6~ . "" I 1 , vi ~rtz i ' '. V p91ep lUeWaaJ5v ales pue eS'E?4oJnd 941!O !.led e 5! 5u!MOIIO! 941 lN311\133t:tDY 31VS aNY 3SVHOt:tnd Ol.lN3WON311\1V/WnON300V ~6I01 p&/lOJddv &l 'ON WJO:l 01SlV'j P81U'BJD UO!&S!WJ8d 03^ti3S3ti S.lHDIl:f lW UOl18!OC1IV !lupsn llid!lln~ punes 18tlnd 066 L 1l~8!J~d<Y.:l13 .--. ._-~--~..~-- '\.. ill t j '- ._,~...c ______._' betwaen . ("Seller") and \ k ........\.. I \ , . ("Buyer") IT IS AGREED BE1WEEN THE SELLER AND BUYER AS FOLLOWS / Ii \ \; '-L\ LJL".. ,~t ; {L ( I '. \ t....., f \",_ ,t I \... I I 1-" '\ :\ ,I, In ~.l.. ~~'1_1 ~ { i ! , \....~ \.t \_~, ! ' .t'. ~.~'---'-\.-~ : , ~ I I ~' t , , I \1 l' t , \ r I \ , h I' \ I' LI...-. I 1\ [-4-- , l I i I .1 t. ,\ l ~_ t \ . U L '_~ I- (iJ__---L1J , . f I . I, ! . \. , ). ., , I I ~ l.) \ \ t f \. .j i\ 11 I) . \ \.1: ;1.\ ~\ ~ 1 y . \j \ i 'I 1 \. t, .L-.-4- ! Ii I ; l i, \; ~ '\.L , ;\ L ( I. "{ .' 1_: --1. , i \ , I ... \ II I , \ ----L ... 1.,1 j r \ ir\', t li 1\ I , 1,1! i i I \ I /_ i I ->L...--.. t \( II \ I. ,Iil.. rt-~ . ( "l'r I I ~ t \. l < I J\_" ; '- ~ \.. ~ I ' i ( ( II , \ ,t. , /, l ,,', '. ' ) , T'l j , ' I'. I \,; ( 'I \ \ \ (\ .- ~ \ , ,\ 11 I .t , \ :\, .\. ti . \ i I , j ~ '- ; I II ~ r I I I / I l ( , \ \ I' \ i , \: j ~-L.-:...,.. lL_-tL~~_- II ') ~ I ~r: I i') I t ~ '~ / )..,~ 14 J--~ ------1 .) I i \ -+--- I~" f ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. ., \ I \. ~ Buyer' ,. " Date i , 19 ---b-. Seller' Date ~~_ ,19 ~ Date ,19_Seller By' 1:<. Date ,U l.t ./ i. I I I . 19 10 ...J.,... I" ....,.>. f It I L - ~~ 11IURS'ION COUNTY MlSTC Form No. 13 Approved 10191 CCopyright 1990 Puget Sound Muldple Lilldng AallOClatJon ALL RIGHTS RESERVED Permission Grantlld ADDENDUM/AMENDMENT TO PURCHASE AND SALE AGREEMENT The following is a part of the Purchase and Saie Agreement dated 2/1 ,~' /'. 19 Lf'f , between _~ ~ \ ( t \ \ , . \, \'-/1 .1, \.. { .. , ( ! ( .-1..-- nUl i ~~.d~ t, , (MSellerW) and i l \ . : t ~ , i ; ! ( l\c ---+ +,,, - Ij'_ . (MBuyer"). IT IS AGREED BETWEEN THE SELLER AND BUYER AS FOLLOWS I '! I . -"-,.'--",+-,,,,,, I I \, I . . L, I \__ l.L Ii II' :,.1:' , , I l( " , ,~\ \:1 . I I ~.' r \. . r I { , I f ~ ( I -~ i- \ , ~- ~) l i, .l..- .~ (L \ \ U I )\/ ~ ,I , .. \.." }. (' ~ ~ (q \. . t t \i \l ;, \ , i ~r I r'.' . \ ALL OTHER TERMS AND CONDITIONS of said Agreement remain unchanged. ~~ l~U 0 c:: I.t.::k. Buyer' ~. . I', ."" L., Date. _ ~. 19 J..2 Seller;U./...~, I ~ ~. . v Buyer' - .' Date . 19 _ Seller' h ,,":. '. ., I Date j- ~ ,19.2S- Date .19-"- Agent (Office) __. By' f ,r ---.:- .- '" ... ; j t ..: --.. . CREATIVE HOMES INC. i . . p O. BOX 1206 PH. ~458-7312 ~;.,./, . _ . ...,., YfLM. WA 98597: . , PAYT(1n\E. ." '. . ~OF " ~clZt1ldi1).ur . ~. aoj ~ .f _1tV1?_1HOtILIlN b. 'I~ .~______ ~_.. ~ .: l , . PRAlRJE SECVRrrY BANK dOlI YElM AVENUE EAST YaM. WASHlNCTON ~ (J:06I-.~8ANk . ~ r , fOR ~_".__.__.__ ,,100 b 2... "'"~ 'I: L 2 5L0800 7': -.-----..-... .- .' '.." '~, .....!J . '.J~' ~;. 6244 ~t..l!-.-.L ~ 98~tm/l2S 1 1',9( ~,1~~ fJ(11 LAB..." 3 ~ ?"O~ ;~,j;:ll;~J /YJ :~,;~,..'''~ ~ , , ,{ i...~ , \' . " j . . .; ~~ .. SELLER'S CLOSING STATEMENT ~scrow: 5962 ~scrow Officer: Pam Skillman ~STlMATED Order Date Closing Date 1.45850 5/18/95 5/26/95 ~SCROW STATEMENT OF WILLIAM J BROWN, KATHRYN J BROWN 3UYER JCH DEVELOPMENT ?roperty Address 15130 HWY 507 SE, YELM, WA 98597 ITEMS DEBITS CREDITS rOTAL CONSIDERATION )EPOSIT HELD BY SELLER mw Deed of Trust TO WILLIAM J. BROWN 234,500 00 6,500 00 200,000.00 PRORATIONS/ADJUSTMENTS :ounty Taxes, TAX ACCOUNT 21725120000 :URRENT YEAR TAXES AT $1,459.28 :ounty Taxes, TAX ACCOUNT 21725111000 =oRREN'!' YEAR TAXES AT $491 12 FROM TO 5/26/95 7/01/95 143 93 5/26/95 7/01/95 48 44 COMMISSION{S) ~ISTING BROKER: C-21 THE PROFESSIONALS :OMMISSION )ebits to Commission 3ELLING BROKER: WINDERMERE REAL ESTATE, YELM :or-1MISSION )ebits to Commission 8,207 SO 4,103 75 8,207 SO 4,103 75 TITLE CHARGES TO TRANSAMERlCA TITLE INSURANCE CO )WNERS POLICY FOR $234,500 00 SALES TAX ~ecording Assignments 800 00 63 20 14 00 ESCROW CHARGES 340 00 26.86 e:scrow Fee SALES TAX Septic Cert EXCISE TAX County Taxes, County Taxes, ADDITIONAL DISBURSEMENTS to ECONOMY SEPTIC SERVICE 945 54 J l::l2 I ~ I CAlleN 3 , 587 85 TAX ACCOUNT 21725120000- fP.,-'t.:> ~ l N~ \... '-:> 729 64 TAX ACCOUNT 2172Sl.HOOO -t-\OLD 'PeNOf-..lt:t \JG=e.l F>(.1ATlb10295 56 BALANCE DUE YOU 13,182 22 14 1.01 ~p. 242,899 87 $ 242,899 87 TOTALS $ cau-'.- I~ WILLIAM J. BROWN . f<. ~ %: ~~--- KATHRYN J BRdWN- (J ~) This form is your receipt when stamped by cashier. REAL ESTATE EXCISE TAX AFFIDAVIT Form No. 84 OOOlA CHAPTER 82.45 RCW . CHAPTER 458-61 WAC For Use at Couno/ Treasurer's Office (Use Form No. 84-OOOlB for Reponing Transfers of Controlling Interest of Entity Ownenhip to the Department of Revenue) THIS AFFIDAVIT WIlL NOT BE ACCEPTED UNLESS ALL AREAS 1-7 ARE FULLY COMPLETED PLEASE TYPE OR PRINT . PLEASE SEE REVERSE a N WI LLIAM J . BROWN , KATHRYN J . II N JCH DEVELOPMENT ame . arne ~1Ii !~ a! Street 1 5 1 3 0 HWY 5 0 7 SE StreetPO BOX 1 2 0 6 t.:l City YELM Sta~A zip9 8 5 9 7 t.:l City YELM StauWA Zip 9 8 5 9 7 ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE AL~ TAX PARCEL NUMBERS ::;::::~lW'Y:~6!m:llfF::::: Name JCH DEVELOPMENT 2 1 7 25 1 2 0 0 0 0 2 1 7 2 5 1 1 1 0 0 0 Ilifia. Street PO BOX 1 2 0 6 City/StateY E LM , WA Zip 98 5 97 :::::j::'i:l~~:!j:':'::i:::;'~:::j:r!.:Jl:::~:;::'::!::J::::j:::;::':i:::'::il:::::~~I~I~ili~~::::: II LEGAL DESCRIPTION OF PROPERfY SITUATED I<<XJ UNINCORPORATED'l'Hrl~~'l'()l\1 COUNTY 0 OR IN-CITY OF Street Address (if property is improved); 1 '\ 1 ~ n RWV c:; n 7~ F. , VF.LM . W~ 9 a ~ 9 '7 PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO. BLA-0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 8712l60045. SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. I certify under penalty or perjury under the laws of the state or Washington that the foregoing is true and correct. Signature of ..;. f I L? Grantor/Agent)(.. fA.L.-'JY<A#_ , V "JCJ..-:r,' J'~-c./ Name (print) Date & Place of Signing Signature of Grantee/Agent Name (print) Date & Place 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 (0) or by both imprisonment and fine (RCW 9A.20.020 (IC)) -, , Ills this property currently' YES NO o XX o XX Exempt from property tax as a nonprofit 0 0 orgaruzation'? Chapter 84.36 RCW XX SeHer's Exempt Reg. No. _ _ _ _ _ - _ __ Receiving special valuation as historic' 0 xKJ property under1 Chapter 84.25 RCW Property Typt: ~ land only o land with previously used building o timber only Principal Use: 0 Apt. (4 + unit) o timber 0 agricultural o other Classified or designated as forest land'? Chapter 84.33 RCW Classified as current use land (open sJace, farm and agricultural, or timber)'? Chapter 84.34 RCW o o o land with new building o land with mobile home o building only o residential o commercial/industrial II (l) NOTICE. OF CONTINUANCE (RCW'84.33 or RCW 84.34) 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 land, the new owner(s) must sign below. If the new owner(s) do not desire to continue such classification or designation, all compensating or additional 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 time of sale. The county assessor must detennine if the land transferred qualifies to continue classification or designation and must so indicate below. Signatures do not necessarily mean the land.wiIl remain in classification or designation. If it no longer qualifies, it will be removed and the compensating taxes will be applied. All new owners must sign. This land 0 does 0 does not qualify for continuance. Dale DEPUTY ASSESSOR (2) NOnCE OF COMPLIANCE (Chapter 84.26 RCW) If the new owner(s) of property with special valuation as historic propeny wish to continue this special valuation the new owner(s) must sign below. If the new owner(s) do not desire to continue such special valuation, all additional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE yy II Description of tangible personal property if included in sale (furniture, appliances, etc.) None If exemption claimed, list WAC number and explanation. WAC No. (See/Sub) Explanation Type ofDocumen~tatutory Warranty Deed Date of Document' 234,500.00 Gross Sale Price $ Personal Property (deduct) $ Taxable Sale Price $ Excise Tax State $ Local $ Delinquent Interest: State $ Local $ Delinquent Penalty' State $ Total Due $ THERE IS A $2.00 FEE FOR PROCESSING THIS FORM IP NO TAX IS DUE ~J4,::>UU.UU 3,001.60 586.25 0.00 0.00 0.00 3,587.85 II AFFIDAVIT FORM REV 84 OOOlA (12-93) (PD 12-17-93) FOR TREASURER'S USE ONLY COUNTY TREASURER ~ JUL-J~-l~~.j l.:::q:)'( rK\.JtTI I kHN::>H,'It;.K ~ "'1'1 I I I L.l;; -VI. I IU ......"'U""l'.....""'O.;,)!;,J1 , oJ.. .STATEMENT OF IDENTITY (For Ule of Tranlamerlca Title lnauranc. Company) FIRST PARTY \.J. , J l \ 0.. ~ FI"Sf NAMIl :s ().. W\. p <: MIDDLE> HAM!! (If NOI\'. IndkMt.) MA.IO&N NAME (II None. lndloltt) 2 ro u.J P I.AST NAMI SECOND PARTY Da~ of Marriage . . .. . .. . .. .. Place of Marriage ... . .. ... TO be filled In by Flm Party ~ / 10 /43 I ' -? Lt.<'_ bl ~ ) ~ () /'1 to ~ J5130 H VJ'-j ~ Q. \ "'" 3 {' U Q. ~-< 0 (' t v..Q .,.... SQ..\\' E.'rt-.,9 \ D '1 " ~ ,,-.<.0-&;,3 To be till9d In by $9cond Party d.-/I{ / 4-~ , ~ C ~ t IV e. 0... VI. \ 't\ lJ') /95& Date of Birth ..... Place of Birth Have Lived In This St.t. Since \..0 0... /6/30 f4.w \( 50 I S E- , ~e\rn. U.) 01... '16517 SU <(Q'I'V i~(lr- ResIdences-Past '0 Ytars , . . Occupations-Past 10 Year. . 8-30-Co3 ~ Ll Yr. "" Jl {' \..A..Ja, SU.~fV~(' We. PrevioUSlY Married to . . .. . If /f011'RMlUSlY MAMItO. WRfIt ..,.,.., Oate and Place of Death. . A' tJ f'J f AJ ('j IV re.. Date and Place of Olvorce PrevioUSly Married to ..,. Date end Place of Death Oate and P1a09 of Olvoroe Social Security number . 5';tl-f):J-5713 53l-4~-1""3 Dated ~ (L.. ~ I g ~ . '9..:12: Slgn.tureJU,.Jh~A-<J if >t1~ Slgnature.K ~~r - ~ {~^ A~A ~- "Thank. for giving us the above Information. it Is necessary In the completion of your real ..tate transaotlon and will help us to give you better .ervlo~ by eliminating delay uuaed by laok of Information or by matter. aflectlng c.>eraon$ with names similar to your own, The feets you heve gIven will be considered confldentia! and not for public l'toeord. (See explanation on baCK of this form,) FORWARDING ADDRESS AFTER CLOSE OF eSCROW' \>0 511'''1 A""'." ~....Q \ y.y.... O'lY \ ~O~ \J..)~ l~~~ 9&577 all'" "0 Cod. Policy No.__ Escrow No. Trust No. TOTAL P 131 .AIiII! ~1]0 THURSroN COUNTY EXTENSION AGREEMENT FOR CLOSE OF ESCROW The undersigned __~ {} itv~ ~ {1;)...d {}L. end Ihe un~ersigned ~ ..... ':iQu>. Buu Ih.---- having heretofore executed a Real Estate Purchase & Sale Agreement # ~ 11 0 dated ~ ' 19!1!t-, regarding the real property located in the C~y 01 .Y.Jm.-- countyOf~l~ ,Stateof lJ}~' Commonly known as: ---1S-13o ~.(JJ '5-Q 0<10-U'f" J Purchaser Seller, hereby agree to extend the period for close of escrow until midnight of ~ 31 , 19~. Other dates set forth in said Real Estate Purchase & Sale Agreement shall be extended as follows r~Ja ~ ~t~~ ALL OTHER TERMS AND CONDITIONS of said Real Estate Purchase & Sale Agreement remain unchanged. DATED' 5/1'7/ q5' DATED' s- / f"- ?.s Purchaser' Seller' tt ).a.:.i~ ~ ~__.i'LAoo Purchaser' Seller to< ~ ~- f.i~ s.m"...."t~;< ~-1.AJ Li~;"...."' MI..S'I'C Fcnn 14 ~ 5Ifl1 AevlMd 1191 Promissory Note (monthly installments) , , .. ~..\~. '\f' , L l\ '...1';'..1:". j.~ 1 .~- * $200,000.00 tIJ.,a'/..r~~ c/~ ~~^ ~~ \ Escrow Number' 5962 FOR VALUE RECEIVED, JCH DEVELOPMENT promise s to pay to 'WILLIAM J. BROW AND KATHRYN J. BROWN, husband and wife or order, anili~ ~JAy tf;"~~LM. WA 98597 the sum of TWO HUNDRED THOUSAND AND NO/100 Dollars ($200,000 00 ) with interest from MAY 1995 on unpaid principal at the rate of SEVEN AND ONE HALF (7.5000%) per cent per annum, principal and interest payable in installments of ONE THOUSAND TWO HUNDRED FIFTY AND NO/100 ($1,250 00 ) or more on the 1ST day of each SUCCEEDING CALENDAR month, beginning on the 1 s t day of June, 1995 , and continuing until said principal and interest have been paid. ON OCTOBER 1, 1995 A PRINCIPAL PAYMENT OF $25,000 00 IS DUE AND PAYABLE, REDUCING PRINCIPAL BAUNCE TO $175,000 00. MONTHLY PAYMENT OF INTEREST ONLY TO THEN BE $1,100 00 PER MONTH, BEGINNING NOVEMBER 1, 1995 BALANCE TO BE PAID IN FULL 36 MONTHS FROM DATE OF RECORDING THE DEED OF TRUST SECURING THIS NOTE A LATE PAYMENT FEE OF 5. OOX WILL BE DUE ON ANY PAYMENT MORE THAN 15 DAYS LATE IN THE EVENT OF A DEFAULT, THE UNPAID BALANCE WILL INCURE A DEFAULT RATE OF 12% Each maker executes this note as a principal and not as a surety. Each payment shall be credited first on interest due and the remainder on principal; and interest shall thereupon cease upon the principal so credited. Should default be made in payment of any installment when due, the whole sum of principal and interest shall become immediately due at the option of the holder of this note. Principal and interest payable in lawful money of the U~ted States. If action be instituted on this note, Maker agree s to pay such sum as the Court may fix as attomey's fees. This note is secured by Deed of Trus t of even date. JCH DEVELOPMENT JOHN C. HUDDLESTON, . LPB-25 i\i:;PHUVE;() ~ AC("t;t'! . U -f, r k &. 't~"-,"",,C t~ f~~~ FILED FOR RECORD AT REQUEST OF Escrow West 's Use AFTER RECORDING:.% Name WILLI J. BROWN Address 15~HIGHWAY 507 City, State Zip YELM. WA 98597 Escrow Number' 5962 DEED OF TRUST (For use in the State of Washington Only) THIS DEED OF TRUST, made tIDs JCH DEVELOPMENT day of , betwe.en , GRANTOR, whose address is PO BOX 1206, YELM, WA 98597 TRANSAMERICA TITLE INS~~CE CO , TRUSTEE, whose address is 2625 Martin Way. Olympia. 'WA 98507 ,and WILLIAM J BR:]nd KATHRYN J BROWN. husband and wife e> 1:)0-1" I ~'5b ,BENEFICIARY, whose address is--- 9 llHJlIWAY 507. YELM. WA 98597 , WITNESSETH. Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real property in THURSTON County, Washington: PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO BLA-0526. ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO 8712160045 SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON wluch real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof This deed is for the purpose of secur111g performance of each agreement of grantor herein contained, and payment of the sum of TWO HUNDRED THOUSAND AND NO/100 Dollars ($ 200,000.00) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, Grantor covenants and agrees: 1. To keep the property in good conditIOn and repair; to permit no waste thereof; to complete any building, structure or improven about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroy with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property 2. To p,ay befo~e de~quent alllawfullax~ and as~essments upon the property, to keep the property free and clear of all othel encumbrances unplunng the securlty 0 this Deed ot Trust. 3. To keep all buildin~s now Qr h~reafter erl(cted on the prOl2.erty describe~ perein _~ntinuously i.p.sured against loss by fire or 0 amo~t ~ot less than lhe JQtal deb~ se~ured by this Deed ot TgUSt. All Rolicles shall bl~eld by the Beneficiaryl' llQd l5e 1.0 such payable Just to the BenenClaJ'Y, as lt~ 1.Ote}."l~f may appear an then to (pe Graptor. T i1JllO~Ollected app'ued ~n any lJ)< ecur d 1.0 sJ,lch or er the BenefiClarv sh dete mme. S c app'. tIo by the J3eJ1e Clary S I)ot cause d.i COD U ce ot ; fprelose this Dee3 of'rust. In the event 0 fore~osure, ill nghts o~~e arantor 1.0 msurance po C1es then in ~rce ~::3f pass [I the toreclosure sale. 4 To defend atlY i\ct\on or pro~e~diog purporting to affect.the.security herepf or the rights or powers pf Beneficiary 9r Trust~e, a and e~.enses, lJlcluding co.st 01 title .:;earcli and attorneys fees 1.0 a reasonable amount, 1.0 any such actIOn or proceeding, and In a Benetlclary to toreclose this Deed ot Trust. , ~Bn Page 10f2 SbIo Day all costshfee:; and e~ense~ in connection with this De~d of T{ust, incl\ldin2 the expenses of the Trustee incurred o ligation secured ereby and Trustee 5 and attorney's fees actually 1Ocurred, as proVlde(fby statute. 6. Sltould Grantor fail to pay' when due any taxes, asse~l~nts, insurance p{em.ilJ.IQs liens, encumbrances or Qth~r charges aga hc;re1l}.above described, Benetis:i~ II1jlY pay the( ~aDlc(, and e.1lIDount so pald, Wlth iDlerest at the rate set forth 10 the note secure added to and become a part 01 the debt secured m this Dee at Trust. IT IS MUTUALLY AGREED THAT: 1. In the event any' portion of the prog~rtY i.s taken or damag;ed ip llPbemin~Jlt d.Qmaiu Rroceeding, th~ ep.tire a.qlol1l\t of. the award may be necessary to fully satlsfy tlie o'bugation secured hereby, shall e pald to BenefiCIary to be applied to said oDugation. ~l By_accepting gayment of any SUIIl secur~d hereby.after its due date, Beneficiary does not waive its right to require prompt payr ad o1her siims I> secured or to declare defaUlt for (aiIure to so pay 3. The Trus~e~Shall rekQPvey all or any part of the p"rQpertv ~v~red by this De~d of Trust to the person entitled thereto, on vnitt Grantor aJ+ t e Benetlaary, or upon satisfaction 01 Uie obligation secured and written request lor reconveyance made by the B person entit e thereto. 4. U pop. defa..u1t ~Fantor jn the payment of any indebt~dnes~ secw:ed h~r~by -.Or in the pereormie of any Slgreement containe ~cured nery-by :iJ unmediately 1:S~me duo an(1 PlJ~ilb e at the onti-9n of thf! B~J:lefi~ary Il~ event and UD( P wntt~n requ Trustee shall sell trust prOPltrtv, m.JlccordanCC( \vi t e Deed 01 Trus Act ot th~ st.at of. as' on, at u'b c auction to t~ An pers exee t tee It1 .y bid at Tr stee's sale. pc s,hall ap 11y t e ro,ce ds t' s e 0 ows: ( to. c exp of . ,b..'!,\' n:r.~."l1a. an! attorney. ~..; (2) to the ~~ ~.1bl't1,;s f).J !Ftrust; "(3 ~. surp~., ~ any, ~be persons entitled thereto. 5. Trust~ shall deliv~ to the purchaser at th~ saJe its ~d, witho\lt waulli1ty,:bWh~ch -sl!conve.Y to the p,urchaser the int~res.t ip t Grlltl~r ad o.r lia"d e powef t9 cOt1vey ilt the( time 0 execution of 1 s eeq( st, aner ~uch as he ~ay haw; SQ\1lfpd the deC(d CIte (he cI& showmg tha the sale w ~ con uc ed m COJD atl Wl e. re wrem ts 0 w and of this Dee rept s ~~ pnma 1aCle evidence of such comp~ce ana concluslvf eVl~nce ereo m ~vor ofgona ~e purcllaser and e value. 6. Th~ power of sale co\lflLrred by this Deed Qf TrllSt ~d by the Deed of Trust Act of the State of Washington is not an ex BenefiClary may cause tlus Deed 01 Trust to be foreclosed as a mortgage. 7 In tbe eV~nt Qf the 4eath, in~p{\city, disability or resigJli'on of Trustee, Be1;lC(ficiary m~Y-a~'Po.int in writinlta successor trust rC(cording 01 such ap~m.tIJle~m the mortgage recQrds 011 ~ CO\1tltv in ~bich th1s De~d 01 Tr st IS n~cord~d, lh~ success~ trust With al.l. powers of th ong1ll f1'}1Stee. The trustee IS D..Qt 0 gated Jb .Pgtity any' party hereto 0 pendmg sale undeX; a.ny 0 er De any actIon or procee . g m w ch Grantor, Trustee or Ben Clary sl1aU e a party unIess such action or proceeding 18 brou t by t 8. Ttilii Deed of Trust applic;s to, inur~ to the benefIt pf, llQd j..s binding qot only o~ the parties hereto, but op thei,r heirs, df ~dmlIlls,tratQrs, ~xecutors and asSlgns. The term Benefiaary shall mean tfie holder and owner of the note secured herebY, whethf Benellclary herem. JCH DEVELOPMENT APPROVED & ACCEPTED XaJ~~~ cI &~ )<. ~ (). ~~~'\ cc- ~ JOHN C. HUDDLESTON, STATE OF WA County of THURSTON } } 5S: signed and sealed this said instrument as his therem mentioned, and on oath stated he is On t1ns day of May, 1995 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN C. HUDDLESTON to me known to be the individual_described in and who executed the foregoing instrument, as General partner _of the JeH DEVELOPMENT , a Limited Partnership, and acknowledged to me that he free and voluntary act and deed for the uses and purposes authorized to execute the said instrument. Given under my hand and official seal this day day of May, 1995 PK SKILLMAN Notary Public in and for the State of WASHINGTON Residing at OLYMPIA My appointment expires: 5 - 9 - 98 TO. TRUSTEE The undersi~ed is the legal owner and holder of the note and all other indebtedness secured by the within Deed of TI together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requeste payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, ana all c mdebtedness secured~by said Deed of Trust delivered to you herewith, together with the said Deed of Trust and to reconvey wil the parties designated 'Dy the termli of said Deed of Trust, all the estate now held by you there UDder " , Dated ,19_ . . REQUEST FOR FULL RECONVEYANCE Do not record. To be used only when note has been paid. LPB 22 Page 2of2 ~fI'" JrnmtS.6nry N nt~ (STRAIGHT) $..4.,.10.3....75......................................................................"'......... ~~y.. J.&.............. 19 .9..5..... 9.~.~.9.~~.F....J.t...J.9..~?.................................................................. .1I{ttr ~latt.. withnut J:r:Il't', for vnlut' rt'((:i\'~I. E;U:'1J.~.....J..!....~.~.Q~...~p.~...M~'ir~x~....J... ~B9~.,....~~~:b..~~g,...~A.(,\...W~J.~........................... .prolni$~$.....hl I'ny lU 'CEN'ttJtt'r" .11...rR~...Plio FE'S'S'IoNALS" lIr nrdt'r. nl..... .p..~~~.~....~~ ~J.s~~~.~.~...P.:Y....~ C?~.~...M~J~.~!......... ........ the sum of F<?Y.~...~Ql'.~~...9~~...g~.~~p....~.~.~~. ~....??/ 19.Q]:'HS .<.~.~tJQ.~.!..7 ~J:::::::::::::.::-..DOLtARS. with interesllht'reon III the nle nL......9..............per ctnl per IInnum frnm date hert'nf. pnynblt'....;l..tl....fM.~l...Up..QP.....X'~.~.~;I.,PJ;. .Q.f. Principalllnd interest paYlIble lit the nf!ice of......................................................................................................................................................... ........................................................................................ ...............................111.................................................................. If cny inlerest shllll remllin unpaid after due, this nnte shall btcornt' due an J parllble lil on(e without further nlltke, Ilt Ihe IIption nf tht' holder thereof This note shill! bellr inteft'sl III the rale of twelve per cent per IInnum dter maturily lIr IIfltr {Ililuft' III pay IIny interest p~yment, and if lhi~ nnlt' shall be placed in the hands of an allllrney f(lf cnllt'Ction lIr i{ suit shall be brouJ:hl III collect any llf Ihe principal or intert'SI of Ihis note I prumise tll PIlY a ft'alOnsble attorney s f!:t'. Each mnker of this nOle cxe(utts the s:lme liS n principnl cnd nnt liS a surely * principal reduction payment by the makers herein on their Promissory Note with JCH DEVELOPMENT. This note is secured by Assignment of Deed of Trust of even date .a!..u/.~........cI~............................ .~.~~.~~~.J~............................. Form 3146-1 :,x. '1/' ,~~~,YJ;\':" ,~~~~~ji:if .~:J~IH' u 3rp,..;- t.;)<~~~:"r" } .~~~ffi"'~! '(<I' ,tt'., .Ji1f"I/' I~~hl;"f... I:~~<ff.~~~::~: I ':;~E~~~~. ...(~;. ."b..../:'., ~),;.,. ,;.'. I' ...~ ~;((;~. !'1m ~~.: .I'.~.:iJ~J.'" r ,.~~;~~j~/. '~*I" ;~~~~~'.~"" ~7~~~,:~~" t~~~~.:: ....~.~~~:.\.f ~:\.rl:r.. .:,,~;r.';),\~ ;.,i~~~~.,: '~~.~~:":t '<'i:+~~:J ...:~l~~::~(~' J~(fi~~;~:r. , ~~ ....1..,. 'l1.!1W:::;(, ~ .,.:.,~~~.~~.~ ~ftr~~~: ,.~~,';'.,I.. ~ $~ll<1~ ~ ~ t\~~"'" ~;.~~~; ,.:t.'(,l TransamOrlC8 Title Insurance Co . .:I(";:'(S!1l1' .iWWi~~. '\~l~il$l~w,. \lAHa'~~f "':;:ll"'~ ':1" "'};~~~I~l' :~r~;<. ~l;';; .~!~i:;:~.. '.>,(t,~'.f) 't~. . 'l~' , " fljJl"';;' :"t . :~. ~~4~~' ';'{(. '~"~"I' . ~W(tl", . '. '~I1r.'" ~. '>:.;i(fil.' :. '''i9~:.~..~1 l':"(im~( , " :1~,y'. ~.,~,> .~~i,.tl\'1 ..\1' ,.~J))t-il(~i.;, ':~;':i'~"" '.\-:I;l1t,l:' '~~O~I~{:. l~ ;;il' i~!~f' l~~. ";..;.1,l("li.~11' '... ."/~.SiI} , ..r.I~. ,., '~. ~ .'l '" :':~'II':~ . .. .:"",.. It. ",{.t;. '.J' ~':S'l I" ,~~~~~ ~':" J~ '~, k' ;:4q~!i.~~ :),~':MP.''': . i.I~~' 'utl~~., >'H~I'''l WtJr;l to".. '1 ....~ :;1,. ::~n~\ :~!I:' 'i~.Ir.':-l: n' "'~''1:~~'I.~ .... ':i. ., . ,t. -, ",'. j !;.;:"" !,.} ~~.' r".-';" ~/~:.~" ,~~L"" . r \;~. .~:::~ c~.\;. , ;"{'.;;." :/1." .* .: "It '..~ " , , . ~:,ii oj ;~. I .,.: i"; ':;;iV' ~~:. W:-'..~:j:.~... ,.. ,~. ~. Jrl1mis.aory N ntr (STRAIGHT) $...4~10.3...15 Q~.;.<?J?~.!..J.,....!.?.~ ~.......... ................ W~.11J.N1....J..!....~.~9.lm...~.~9:...M';I;B~X~...~.~....~~9.!ffl.,.... ~~~.b..~~~ ~.~y.. UL...... 19 .9..~.... .lIfter d~tt.. without ~r:Kt.. for vnlue- rt:t't'il'ed. ?.~4...~~J~. .promi~t-?i....IH pay 14> WJ.m?~~f;.~..L.X.E.~............................... Ill' urtkr, IIt......P.J~~~....~~~J.g~~~.~.~...p.y... ~~.;.~...~~~~.~:~:..................:.............. the sum of FOU~...~QP.~.~...9.~.~.}W~P.~~P'...~g~~. AND 7 51.!9..Q:fg~....(H.,J9.~.~..??):::':~:::::::::::-:~..DOLLARS. with interest thereon III the nHl! uE Q..............per C't'1'll per annum ffllm JaIl! hertof, pnyllble....j,n...fMJ.l...~p.Qtt..r.~.(;.~ip.!;....Q.f. PrinciPlllllnd interest Pil)'.ble lit the Illlio: of ............................................... .nl.................................................. If llny interest shllll relnllin IInpllid after due, this note shall become due and pCl)'lIble at once wilhout (urther notict', 011 the "plion liE the- holder therenf This note shll" bear interest III the rate of twelve per r~t l'erl1nnum after mllturily nr afle-r fllilure to pay nny Interest pnyment, and if this note shall be placed in the hands of an allnrney fur collection or if suit shall be hrouj.:ht tn collect llny of the priocipal or interest of this nnte I promise tl) pay a reasonable allurne}' s f(:e Each m:lku of this nott' t'xel'Ules che ~nme :IS n prinClpnl and not as :I surety * principal reduction payment by the makers herein on their Promissory Note with Jell DEVELOPMENT. This note is secured by Assignment of Deed of Trust of even date .t/J~~...(J.6~...................... 'K..~ . . _ ...~ -(.l. _. -... ,..................;..ih.._"__ ...C)....~.~.~..~.................,..... ~:t~~~ i ~~~r.;r.:': ~;ll~'(.ll;l~ ';~ql; '12- ~;~1:1,:1~" , ;~~;~.; ..dB,,,,, ,,\1~,,'r.; ~\~t. ,,~~,. ,f ;l:~~~6;. ,,-::'t..}n,. ~~... ~~~~..~: i., ..~~'.H.i~: '~ '>~Z", .t:;~,~~.: ' ;~;l'h.. . '.~ . ~,., ;~'~~}'~t . ....."tlr'. .(, :;."~/,\jo: . :~'~I!-: ~1I' f l).:t"""j'. tii~j,~. . ;j/t.;.., ~" t.I)l~("'~,.l. .~1.~~.':.. .~+~~:/ .wo'..~..~'~~~., "'to.r. .~. ,. " j~:"'):,':,.' ....x,. ~!~{~;..,. ''';o:''~;;.:l.~' 4!~w:1 .;jl~,;'\.A " ~~::'~~~~:'.I '\~' .'l\' ~;~~~." ',' -::; ~. TraosamarID8 TatlalRSUraRC8 Co . ;If:~i:;~NII; :;RilljiM~!: i:!m~l~~~' W;' i~lli '\' "~,'i~W.,~~; ~<t~""I' :.~/,~~. ~~::: \~~~~ '~:., '~;lt' ~"'..:. '.';.!/r,'" ~' ~,,~. ~!,'A~.. :::1:', . \:7f~( . 'Y' ~}.'~f':~:;R;~. '(I':~"~~~" ~;~;;{U: !:U~. Y'fi::'tl',,).. l:<~~t~~~ ~~~~~~~~:~.: "jl;/i,',::41'" ;(lll%~i '''it: t~};~t\' '>~~~l..,jll';. ...~ Clf~t ' ~i' ~:.~~. 1:\ ,,:~.; ..~~~;.., '(0 'Wi:?' .;. ~1i': .~ ;. ':~1~1 ,l:: .' ' ,~f)(fiiI, . I' d~!,(li~'" ..:..'t.'}i:~f.l.~~....'t. .:;~~.~~, t ,~c',t5' 'f.~;.(~ ,),(.~~}~~':~ . ":~'. "I"~;.' "H~l"".: :$Jm I l'll' ~., ..~~;./" ~/5~ :t~~f' ..:>,..~, "'I..' .~. ~"')~1: ~;~~. j.... '..... Form 314&-1 ;,,' , .' 'i, (;;~~. "j oj 'lo'}:' ;:;" " . ",,' '~\;..\ , .J.,..... ,. v, I- I; .,~:\ ~ .. .~.;. "..r. I~:';: 'fr~ \' ,. <:~\ I ,../........ ..' TRANSAMERICA TITLE INSURANCE COMPANY ....... _........ ........ ........ ............. ..__...... .....w..... ~ ~ ...._.. _...... _.. .._...... ___.., THIS SPACE PROVIDED FOR RECORDER'S USE: I FILED FOR RECORD AT REQUEST OF . . . . . . . , , . . . , . . . . , , , , , , , . , . i , , , . , . . ...- -..-...... ......--.....- .. -..... ...... -........-.....-............ ..-......-..................... WHEN RECORDED RETURN TO Name....... '" .... ......... .......... ............. ............ ....... ................. ............... ........ ..................... .... Addr........... ......... ................. ................ ....... .................... ....... ........................ ....... ..... ....... City. Sta'., Zip.. ............... .............. ...................... ......... ........ .......... ................. .................... AssIgnment of Deed of Trust For Value Received, the undersigned as Beneficiary, hereby grants, conveys, assigns and transfers to................ .... ...C."&NIJJ.R'X ..2J.. .IHE...f.ROI.lUiS l.O.NAL,s. ............ ............. ............................... ._........ ......................................................... ......, whose address is....................... n.... ........................................... .. ..................... _................................................................... ......., all beneficial interest under that certain Deed of Trust, dated..........................................................., 19...... ...., executed by..... ..1olILLI.AM...J.,...>>KOlm..AmLKAtRR:nLJ.......~.~QJffl.r...ffJl.$.~Mm...~. .R~ f.~.... ........... ....... ....... ..... ............ .., Grantor, to....... ..!RAll.s..AME.RI CA...T.I '1:'t1i!......... ................................................ ............................................................ .............., Trustee, and recorded on ............................................. 19............, in V olums ..... ............ ..... of Mortgages. at page...................., under Auditor's File No........................., Records of ....................... ............................... .........County, Washington, describing land therein 88: PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO. BLA 0526. ACCORDING TO BOUNDARY LINE ADJUSr,MENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THRURSTON COUNTY AUDITOR'S FILE NO. 8712160045 Together with note or notes therein described or referred to, the money due and to become due thereon, with interest, and all rights accrued or to aCcrue under said Deed of Trust. Dated. .,19 uJ..' _../ ~ 'WU.~~B~~ry) BYiA~R~('N~~' ....... By (Name - Title) STATE 01' WASHINGTON } ss STATE 01' WASHIN(iTON COUNTY Of COUNTY OF } " I <:C:l1ify thUI I know ur have: satisfactory cvidence thUI I ccniry chal I knuw ur have satlsr",'(nry eviuen,'c that is Ihe pcrsnnls) who appeared bclilrc Ille anc.l said pcrsu:I(s} al'knllwlcdjl.ctl lhal (hl'/she/theyl sl~n. ed this instrument. on nath stuled Ih:U (hdshe/lhcy) wus (\II,'re) authnril.ed lu al'<:ulc the instrumenl and acknnwlc:dgcll it a.s (he of 10 Ilc thc frc,' and mluntar, a,1 uf su,h pany fur Ihe uses anc.l purpnses mentinnell in the instrumcnt is the pcrs<III(5) who appeared before me, and said personfs) lIl'knowledged lhal (he/she/they) signed this instrument and admowledgell it to be (his/her/their) free and voluntary aCI ji,r fhe U~s and purposes mentioned in the in.slrumen!. OMltd J},lleJ (SEAL OR STAMP) Sign.lure (SEAl. OR STAMPI Sill""lurc Title Tille My .pp"i/~melll c_pilC:l My uppujpttJliL.ont "o:\p,. C'" LP8 21 Form 317().15 TRANSAMERICA TITLE INSURANCE COMPANY ................. -........... ..................-..................-. .......... ....... ...... ..-...-.. ._, o . o , . ' i THIS SPACE PROVIDED FOR RECOROER'S USE: : , . o . o ' o , o , o , , 0 , . , ' o , o , o . . . . . , . , , , , , , . , ~ i : ~ : t , . : ' o 0 o 0 o ' , ' o ' , . , 0 , ' o ' , ' , 0 , 0 o ' o ' o 0 , ' o 0 o ' , 0 , 0 , 0 , 0 , . o 0 , 0 , ' , ' , 0 , 0 . ' , ' , ' , ' :...... ............. ......--..................-..-.... ....... ...- .................. ..................... .......! FILED FOR RECORD AT REaUEST OF WHEN RECORDED RETlJRN TO Nam........ Addr.........,.... ....................................... ............. ........................................................... ..... City, Stat., Zip.. ............ .............. ..........,.......... ...................... ..... .........,....... .............. ........., Assignment of De.d of Trust For Value Received, the undersigned as Beneficiary, hereby grants, conveys, assigns and transfers to.. ............. ........w hIiQ. ~~.~f;..1. .J.f;JJi.... ................................. ................ ,..........0 ................................. ......................... ....................... ....... whose address is......... ... ..............................................,.......... ............ ........ ................ ......... ................. ...... ... ...... ......... ...... all beneficial interest under that certain Deed of Trust. dated..................... ................................... 19... .... executed by .......lULLIAM.. J.,...:BJ3.o.WN..~..KA'tRRDl...J......>>.~Qiffl.,...HJ.T.$.~Mrn...~P...1UJ':J<;....... ............ ............... ............ .. Grantor. to...... ...I~.s.AMt;~l Ch..::r.l.h'kg... ..................... ............................................................................................ ,............. ., Trostee, and recorded on ........................................... 19............, in Volume ........................ of Mortgages. at page. ................., under Auditor's File No.......................... Records of .................. ............................... ............ .................... ......County. Washington, describing land therein as: PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO. BLA 0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THRURSTON COUNTY AUDITOR'S FILE NO. 8712160045 Together with note or notes therein described or referred to. the money due and to become due thereon with interest, and all rights accrued or to accrue under said Deed of Trust. ' Dated. .. 19 ~~~.~~. .... . (BenefiCiary) BYKA~H~' (~~~. By..... ... .................. (Name. Title) } " ST ATE or: WASHINGTON COUNTY Of ('OU NTY OF } " STATE 01. WASHINGTON f ..:C'rtil\ .hul I know ur hav~ ~1ISrac..tor)' evidence ahal I """il'y Ihal I kntlw c>r hil~" "'llsl'",',,'ry ,,~jd"n,'e Ihlll is IIw rers"n(~) who IIppeared before me. Illd said person(s) a..'knowlc:d,.ed thaI (he/withey) signed Ihis instrument and acknowledged it to be (his/her/their) free IInd vuluntary IIcl for rhe uses and purposes mentioned in the inslrument. is the rersun.,. whollppellred beli.re mc und S<lid pers"n(s) ~,'k",'wlcd~ed Ihul (h,'/shc/they) si~n. ,>tI this inslru'1lCnl, un oath slaled lhat (h.:/slw/lhey) was (w,'rel uu\hnri/,,>,1 to ,"",llIC the instrumenl lInU lIcknnwlcdllcJ it as Ihe of It) II.: Ihc frc,> and \','lunlar\ a,.t ..I' such party fur Ihe uses an<l purpuses ",cnlinned in Ihc instrumcnt . Dated ll"I~" (!lEAL OR STAMP) !li,."",ur. (SEAl. OR STAMP) Silln,uurc Tidc Tide " My Ippoilllmcnl c'pirc. My lIPI",irllll,,'r.l .."pir.. LPB 21 Form 3110-5 N~e JCH DEVELOPMENT Address PO BOX 1206 City, State, Zip YELM. WA 98597 Filed for Record at Request of: Escrow West AFTER RECORDING MAIL TO' Escrow Number' 5962 Statutory Warranty Deed THE GRANTOR WILLIAM J BROWN and KATHRYN J BROWN, husband and wife for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION in hand paid, conveys and warrants to JCH DEVELOPMENT the following described real estate, situated in the County of THURSTON , State of Washington: PARCEL'S A & C OF BOUNDARY LINE ADJUSTMENT NO BLA-0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 8712160045 SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON Subject to those items as set forth on Exhibit "B" attached here to and by this reference made a part hereof Dated this day of By tLJd~~ d &~ WILLIAM J OWN By K~~(~ KATHRYN J BR By By STATE OF WA County of THURSTON } } 55: r I certify that I know or have satisfactory evidence that the periOD. who appeared berore me, aDd laid persoD acknowledaod that ~. signed this instrument and acknowledge it to be free and voluntary act for the uses and purposes mentioned in this instl'UIneat. Dated. Notary Public in and for the State of WA Residing at My appointment e~ires: LPB-l0 Escrow No 5962 SELLER'S AND/OR BORROWER'S STATEMENT The Seller's and Borrower's signatures hereon acknowledge their approval and signify their understailding that tax and insurance prorations and reserves are based on figures for the preceding year or supplied by others or estimated for the current year, and in tho event of any change (or the current year, all necessary adjustments will be made between Borrower and Seller directly Any deficit In delinquent taxes or mortgage payoffs will be promptly reimbursed to the Settlement Agent by the Seller. I have carefully reviewed the HUD-! Seitlement Statement and to the best of my Icnowledge and belief. it is a true and Ilccurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HU~1 Settlement Statement. I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment. BorrowerslPurchasers Sellers WILLIAM J BROWN KATHRYN J. BROWN The HUD-1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in accordance with this statement. Settlement Agent Date Pam Skillman, Escrow West WARNING: It is a crime to 1rnowingly make false statements to the United States on this or any other similar fonn. Penalties upon conviction can include a fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010. I.......... .. ... ,.. " . .. ... ... . , . . ' . .. .. . . . ......... ..... .. .,. .. .., "",'" ..", "" ."" .. ,_~~~~~:~~:!~II~M'TI<>N:::: ...... . '," ...J.: ... ... SELLER'S CERTIFICATION OF TAXPAYER IDENT1FICATION NUMBER (substftute W~9) You are required by law to provide the Settlement Agent (see block H) with your correct taxpayer identification num!ler If you do not provide your Settlement Agent with your correct taxpayer identification number, you may be subject to civil or criminal penalties imposed by law in the Tax Refonn Act of 1986, under Internal Revenue Code Sections 6045(e), 6676, 6722, 6723 and 7203. Under penalties of perjury, I certify that the number shown on this statement is my correct taxpayer identification number ;) 9 Signed: ~O)((.l(.~--~ ~&"'J"__./ WILLIAM J BROwN/ Signed.-l 'r-\ ~ ~ ~ KATHRYN J, BRO TIN Signed. TIN Signed. Seller's forwarding address: ~ (60)( 1"3?i0 J.5J.::I El IIICJIHlA-Y 5 (/ 7 YELM, WA 98597 PROCEEDS FROM REAL ESTATE TRANSACTIONS (substitute IRS form 1099-S) The information contained below and in Blocks B, 0, H, and I is important tax information and is being supplied to the Internal Revenue Service. If you are required to file a return, a m:gllgence penalty or other sanction will be imposed on you if this item is required to be reported and the lRS detennines that it has not been reported. If this real estate was your principal residence, file Fonn 2119, Sale of Exchange of Principal Residence. for any gain, with your income tax return; for other transactions, complete the applicable parts of Focn4707. Form 6252 and/or Schedule 0 (Form 1040). GROSS PROCEEDS: $ 234,500.00 DCheck here if the Seller received or will receive property or services as part of the consideraton. Real property tax amounts reimbursed $192 37 PROCEEDS ALLOCATION FOR MULTIPLE SELLERS When more than one seller is involved in the transfer of property, they II\IY elect 10 allocate the Gross Proceeds between the named parties for the purpose of reporting such amounts to the Internal Revenue Service. This DOES NOT apply to a husband-wife relationship or to a partnership If the proceeds arc allocated, the sum of the individual allocations must equal the total Gross Proceeds above. Use the space below or submit a separate sheel HSling name, address, taxpayer identification number. and allocation amount. Page 3 of 3 Escrow File No.: 5962 Title Order No.: 145850 Purchasers(s): JCH DEVELOPMENT Seller(s): WILLIAM J BROWN, KATHRYN J. BROWN CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction The undersigned buyer and seller (referred to herein as "the parties") hereby designate and appoint Escrow West (referred to herein as "the closing agent") to act as their closing and escrow agent according to the following agreements and instructions. IT IS AGREED, AND THE CLOSING AGENT IS INSTRUCTED, AS FOLLOWS: Terms of Sale. The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction") are set forth in the parties' Purchase and Sale Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties' agreement"), which is made a part of these instructions by this reference. Any changes to the parties' agreement will be made a part of these instructions, without further reference, when signed by the parties and delivered to the closing agent. These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and if there is any'conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control. Description or Real Property. The real property which is the subject of the transaction (referred to herein as "the property") is identified in the parties' agreement. The documents required to close the transaction must contain the "legal description" of the property If the parties' agreement does not yet contain the correct legal description, the parties or the real estate agent shall obtain an addendum setting forth the legal description as soon as possible and deliver it to the closing agent. Closing Date. The date on which the documents required to close the transaction are fUed for record (referred to herein as "the closing date") shall be on or before the date for closing of the transaction specified in the partIes' agreement or in an addendum extending that date. Documents. The closing agent is instructed to select, prepare, complete, correct, receive, hold, record and deliver documents as necessary to close the transaction. The closing agent may request that certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the closing agent before the closing date. Execution of any document will be considered approval of its form and contents by each party signing such document. Deposits and Disbursement of Funds. Before the closing date, each party shall deposit with the dosing agent all funds required to be paid by such party to close the transaction, less any earnest money previously depOSited with the real estate agent. The closing agent is authorized, but not required, to consider a lending Institution's written commitment to deposit funds as the equivalent of a deposit of such funds, if all conditions of the commitment will be met on or before the closing date. All funds received by the closing agent shall be deposited in a trust account with any bank doing business in the State of Washington and may be transferred to any other such accounts. The closing agent shall not be required to disburse any funds deposited by check or draft until it has been advised by its bank that such check or draft has been honored. All disbursements shall be made by the closing agent's check. Settlement Statement. The dosing agent is instructed to prepare a settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursements from such funds. No funds shall be disbursed until the parties have examined and approved the settlement statement. Some items may be estimated, and the fmal amount of each estimated item will be adjusted to the exact amount required to be paid at the time of disbursement. The settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If any monetary error is found, the amount win be immediately paid by the party liable for such payment to the party entitled to receive it. Prorations, Adjustments or pro-rations of real estate taxes, and other'charges if any, shall be made on a per- diem basis using a 365 day year, unless the closing agent is otherwise instructed. ' Title Insurance. The closing agent is instructed to obtain and forward to the parties a preliminary commitment for title insurance on the property and on any other parc~l of real property that will be used to secure payment of any obligation created in the transaction (referred to herein as "the title report"). The dosing agent is ,..uthorized to rely on P~e 1 of 4 the title report in the performance of its duties and shall have no responsibility or liability for any title defects or encumbrances which are not disclosed in the title report. Verification of Existing Encumbrances. The closing agent is instructed to request a written statement from the holder of each existing encumbrance on the property, verifying its status, terms, balance owing and, if it will not be removed at closing. the requirements that must be met to obtain a waiver of any due-an-sale provisIon. The closing agent is authorized to rely upon such written statements in the performance of its duties, Without liability or responsibility for their accuracy or completeness. Instructions From Third Parties. If any written instructions necessary to close the transaction according 10 tbe parties' agreement are given to the closing agent by anyone other than the parties or their attorneys, including but not limited to lenders, such instructions are accepted and agreed to by the parties. Disclosure of information to Third Parties. The closing agent is authorized to furnish, upon request, copies of any closing documents, agreements or instructions concerning the transaction to the parties' attorneys, and to any real estate agent, lender or title insurance company involved in the transaction. Other papers or documents containing personal or financial information concerning any party may not be released to anyone other than the party's attorney or lender, without pnor written approval. Potential Legal Problems. If the closing agent becomes aware of any facts, circumstances or potential problems which in the closing agent's opinion should be reviewed by any of the parties' attorneys, the closing agent is authorized, in its sole discretion, to advise the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought. Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensation for the services set forth in these instructions. If additional services are required to comply with any change or addition to the parties' agreement or these instructions, or as a result of any party's assignment of interest or delay in performance, the parties agree to pay a reasonable additional fee for such services. The parties shall also reimburse the closing agent for any out- of-poclcet costs and expenses incurred by it under these instructions. The closing agent's fees. costs and expenses shall be due and payable on the closing date or other termination of the closing agent's dU,ties and responsibilities under these instructions, and shall be paid one-half by the buyer and one-half by the seller unless otherwise provided in the parties' agreement. Cancellation. These instructions may be canceled by a written agreement, signed by all of the parties, and payment of the closing agent's fees. costs and expenses. Upon receipt of such agreement and payment, the closing agent shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties or responsibilities under these instructions. Inablllty to Comply With Instructions. If the closing agent receIves conflicting mstructlOns or determmes, for any reason, that it cannot comply with these instructions by the date for closmg specified in the parties' agreement or in any written extension of that date, it shall notify the parties, request further instructions, and In Its discretion: (1) continue to perform its duties and close the transaction as soon as possible after receiving further instructions, or (2) if no conflicting instructions have been received, retum any money or documents then held by it to the parties that deposited the same, less any fees and expenses chargeable to such party, or (3) commence a court action, deposit the money and documents held by it into the registry of the court, and ask the court to determme the rights of the parties. When the money and documents have been returned to the parties or deposited into the registry of the court, the closmg agent shall have no further duties or responsibilities under these instructions. Disputes. Should any dispute arise between the parties, or any of them, and/or any other party, concerning the property or funds involved in the transaction, the closing agent may, in its sole discretion, hold all documents and funds in their existing status pending resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court to determine the rights of the parties. Upon depositing said funds and documents with the court, the closing -agent shall have no further duties or responsibilities under these instructions. The parties jointly and severally agree to pay the closing agent's costs, expenses and reasonable attorney's fees incurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by the closing agent, the parties, or any other person. Notices. Any notice, declaration or request made under these instructions shall be in writing, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the closing agent and other parties at their addresses set forth in these instructions. Amendments. Any amendment, addition or supplement to these instructions must be in writmg, Signed by the appropriate parties and delivered to the closing agent. Counterparts. These instructions may be executed in one or more counterparts with like effect as if all signatures appeared on one copy Effect. These instructions shall bind and benefit the parties, the closing agent, and their successors in interest. Definitions, When used herein or in any amendment, addition or supplement hereto, words and phrases are de(med and are to be construed as follows; The words "buyer" and "seller" refer to all persons and entities identified as such by their signatures on this document, jointly and severally unless otherwise indicated, and shall be construed interchangeably with other similar terms such as "purchaser", "vendee", "vendor", "grantee" or "grantor" as may be appropriate in the context and circumstances to which such words apply. The word "lender" refers to any lending institution or other party, including the seller if appropnate, that has agreed to pro."ide all or part of the financing for the transaction or to which the buyer has made a loan application. Page 2 of 4 The phrase "these instructions" refers to the agreements, instructions and provisions set forth in this document and all amendments, additions and supplements to this document. The phrase "the property" refers to the real property identified in the parties agreement, including any other parcel of real property that will be used to secure payment of any obligation created in the transaction, and does not include any items of personal property unless otherwise specifically stated in these instructions. The phrase "outside of escrow" refers to any duty, obligation or other matter which is the sole responsibility of the parties or of any party, and for which the closing agent shall have no responsibility or liability In these instructions, singular and plural words, and masculine, feminine and neuter words, shall be construed interchangeably as may be appropriate in the context and circumstances to which such words apply. MA1TERS TO BE COMPLETED BY THE BUYER AND SELLER IMPORTANT-READ CAREFULLY The following items must be completed by the parties, outside of escrow, and are not part of the closing agentst duties under these instructions, Inspection and Approval of the Property. Any required inspections or approvals of the property or of improvements, additions or repairs to the property will be arranged and completed by the parties, outside of escrow The closing agent shall have no liability with respect to the physical condition of the property, or any buildings, improvements, plumbing, heating. cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to otherwise determine its physical condition, or to determine whether any required Improvements, additions or repairs have been satisfactorily completed. Personal Property. Any required inspections, approvals or transfers of possession of any owned or leased fixtures, equipment or other items of personal property included in the transaction, and payment of any personal property, sales or use taxes, will be completed by the parties outside of escrow Unless otherwIse instructed, the closing agent shall have no responsibility with respect to such personal property and shall not be required to determme the status or condition of the title to, encumbrances upon, ownership, or physical condition of such personal property, nor to calculate, pro-rate, collect, prepare returns for or pay any personal property tax, sales tax or use tax arising from the transaction. Utillties. All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any other utilities or public services will be completed by the parties outside of escrow Unless otherwise instructed, the closing agent shall have no responsibility to determine, collect, pay, pro-rate or adjust charges for installation or service for any utilitles or public services, except to pro-rate existing recurrent assessments for public improvements, if any, which appear on the title report. Fire or Casualty Insurance. If a new policy of fire, hazard or casualty insurance on the property is necessary to close the transaction, the buyer will arrange for the policy to be issued, outside of escrow, and will provide evidence of the required insurance coverage to the closing agent before the closing date. Unless otherwIse instructed, the closmg agent shall have no responsibility to contract for or obtain any policy of flTe, hazard or casualty insurance on the property, or any assignment of such policy. Possession of the Property. The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the closing agent. Collection Account. If any fmancing for the transaction will be provided by a private party, the parties are adVised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory Dote or contract. The collection account shall be established by the parties outside of escrow and shall not be tbe responsibility of the closing agent. Payment or Omitted Taxes. If any additional real property taxes are assessed for recent improvements made to the property and not added to the tax rolls before the closing date, the parties shall pay their respective shares of such omitted taxes, pro-rated as of the closing date, within 30 days after receipt of notification that such taxes have been assessed. The closing agent shall not be responsible or liable for any assessment, collection or payment of omitted taxes. Individual Taxes. The parties are advised to consult with thelT attorneys to determine whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The closing agent shall have no responsibility for the parties' individual tax consequences arising from the transaction. Foreign Investment in Real Property Tax Act. If any seller is, or may be, a non-resident alien or a foreign corporation, partnership, trust or estate for the purposes of United States income taxation, the -parties are advised to consult with their attorneys before the closing date to determine their responsibilities and liabilities, if any, under the Foreign Investment in Real Property Tax Act (Section 1445 et seq of the Internal Revenue Code) The closing agent IS not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such act. Approvals an~ Permits.The parties are advised to consult with their attorneys to determme whether any building, zoning, subdivision, septic system, or other construction or land use permits or approvals will be required, either before or after the closing date. The closing agent shall have no responsibility with respect to any such permit or approval, and shall have no liability arising from the failure of any party to obtain, or from the refusal of any governmental authority to grant, any such permit or approval. Compliance With Certain Laws. The parties are adVised to consult with their attorney~ to determine therr responsibilities, if any, under the Consumer Protection Act, Truth-in-Lending Act, Interstate Land Sales Act or other similar laws. The closing agent shall have no responsibility for. the parties compliance, nor any liability ansing from the failW'c of any party to comply, with any such law. Page 3 of 4 Additional Agreements, Instroctions and Disclosures: ESCROW WEST, INC AND ITS CLOSING AGENT ARE HEREBY INSTRUCTED TO COMPLETE THE PROMISSORY NOTE AS FOLLOWS MATURITY DATE BEING 3 YEARS FROM RECORDING DATE Mo~"f(:t t-'-1 Pt\--t f..J.. g.sr,":::> g~(!.-{-t 1 VJt-\lGM Wll--L- 136 !-\ADS A:T Ke'i ~t:..} 'i 6UW1 :)'6~ ~IU- "B6 76m f\J6t up . NOTICE TO PARTIES The services of the closing agent under these instructions will be performed by a person certmed as a Limited Practice Officer under the Admission to Practice Rule 12, adopted by the Washington State Supreme Court. Under that rule, Umited Practice Officers may only select, prepare and complete certain documents on forms which have been approved for their use. The specific documents prepared are: See Attached Exhibit "A" You are further advised that: THE LIMITED PRACTICE OFFICER IS NOT ACTING AS THE ADVOCATE OR REPRESENTATIVE OF EITHER (OR ANY) OF THE PARTIES. THE DOCUMENTS PREPARED BY TIlE LIMITED PRACTICE OFFICER WILL EFFECT THE LEGAL RIGHTS OF THE PARTIES THE PARTIES' INTERESTS IN THE DOCUMENT MAY DIFFER. THE PARTIES HAVE THE RIGHT TO BE REPRESENTED BY LAWYERS OF THEIR OWN SELECTION. THE LIMITED PRACTICE OFFICER CANNOT GIVE LEGAL ADVICE AS TO THE MANNER IN WHICH mE DOCUMENTS AFFECT TIlE PARTIES. BY SIGNING 11IESE INSTRUCTIONS, EACH PARTY ACKNOWLEDGES: I have been specifically informed that the closing agent is forbidden by law from offering any advice concerning the merits of the transaction or the documents that wiJJ be used to close the transaction. The closing agent has Dot offered any legal advice or referred me to any named attorney, but has clearly requested that I seek legal counsel if I have any doubt concerning the transaction or these Instructions. I have bad adequate time and opportunity to read and understand these instructions and all other existing documents referred to in these instructions. Buyer Seller Date ~ tl..tJ/< h_~ &i'&~i_~/ WILLIAM J BR ~K~~-t~ ~ ~ KATHRYN J B OWN Date S 1t7 /qS- Date JCH DEVELOPMENT Date Date Date Date Date Buyer's Mailing Address: PO BOX 1206 Seller's Mailing Address: -r5-BO MIall~ 5B7 P () B 0 ~ I 3lS ~ YELM., WA 98597 YELM, WA 98597 Phone: Home: (000)000-0000 Work: (000)000-0000 Phone: Home: (206)458-5149 Work: (000)000-0000 Accepted. By Pam Skillman Page 4 of 4 EXHIBIT "A" ESCROW FILE NO.: 5962 Limited Practice Officer: Pam Skillman TITLE FILE NO.: 145850 LPO#: 787 PURCHASER(S): JCH DEVELOPMENT SELLER(S}: WILLIAM J BROWN, KATHRYN J BROWN SECflON 1: MORTGAGE LENDING DOCUMENTS LIMITED PRACTICE BOARD FORMS All documents approved and designed for use by the Secondary Mortgage Market, including Notes, Deeds of Trust, and Riders. The Secondary Mortgage Market is defined as federally related institutions such as FNMA, FHLMC and GNMA, except Regulation "Z" SECTION 2: ESCROW DOCUMENTATION x LPB No. 10 LPB No. 11 LPB No. 12 LPB No. 13 LPB No. 14 LPB No. 20 LPB No. 21 LPB No. 22 LPB No. 23 LPB No. 24 LPB No. 25 LPB No. 26 LPB No. 27 LPB No. 28 LPB No. 29 LPB No. 30 LPB No. 35 LPB No. 44 LPB No. 45 LPB No. 50 LPB No. 51 LPB No. 52 LPB No. 60 LPB No. 61 LPB No. 62 LPB No. 63 LPB No. 64 LPB No. 65 LPB No. 70 LPB No. 71 Statutory Warranty Deed Statutory Warranty Deed(Fulfillment of REC) Quitclaim Deed Seller's Assignment of Contract and Deed Purchaser's Assignment of Contract and Deed Deed of Trust (Short Form) Assignment of Deed of Trust Deed of Trust (Long Form) Request for Full Reconveyance Request for Partial Reconveyance Promissory Note. Monthly Installments Promissory Note. Interest Included - Due Date Promissory Note - Interest Extra Promissory Note - Straight Request for Notice Bill of Sale Subordination Agreement Real Estate Contract (Short Form) Real Estate Contract (Long Form) Mortgage (Statutory Form) Satisfaction of Mortgage Partial Release of Mortgage Satisfaction of Lien Partial Release of Lien Satisfaction of Judgment Partial Release of Judgment Waiver of Lien Partial Waiver of Lien Special Power of Attorney (Sale) Special Power of Attorney (Purchase/Encumber) SECTION 3: V.C.C. FORMS All U .C.C. filing forms including Security Agreement Forms with the excepl10n of: WBA UCC 2 uee 4 UCC 5 SECTION 4: EXCISE TAX AFFJDA VJT FORMS X SECTION 5: FARMERS HOME ADMINISTRATION FORMS INITIALS: Purchaser All documents approved and designated for use by the United States Department of Agriculture Farmers Home Administration in connection with closing a FmHA on residential property ~B~ Escrow File No. 5962 Title Order No. 145850 Purchasers(s) JCH DEVELOPMENT Seller(s): WILLIAM J BROWN, KATHRYN J BROWN Supplement To AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction Including Instructions to Record Documents and Disburse Funds This is a part of the Closing Agreement and Escrow Instructions signed by the parties under the Closing Agent's escrow file number set forth above. Except as expressly modified, changed or amended by thIs supplement, all terms and conditions of the ClosIng Agreement and Escrow Instructions, and any previous supplements, additions or amendments thereto, shall remain in effect. "THE SELLER HAS APPROVED", SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS: { x ] Statutory Warranty Deed [ ] Purchaser's Assignment of Contract and Deed [ ] Real Estate Contract [ ] Bill of Sale (for personal property) [ x 1 Real Estate excise Tax Affadavlt [ x 1 APPROVED COPY OF NOTE AND DEED OF TRUST r 1 [ 1 "THE BUYER HAS APPROVED", SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS: [ x ] Promissory Note [ x J Deed of Trust [ ] Mortgage { ] Real Estate Contract [ ] Security Statement (for personal property) [ ] FinancIng Statement (for personal property) [ x 1 EXCISE TAX AFFIDAVIT [ ] [ ] BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES: Conditione of Parties' Agreement Satisfied. All terms and conditions of the parties' agreement have been met to my satisfaction, or will be met, satisfied or complied with outside of escrow Title Report Approved. The Preliminary Commitment for Titfe Insurance. including the legal description of the property and all attachments, supplements and endorsements to that report, Issued by TRANSAMERICA TITLE INSURANCE CO under order number 145850, are approved by me and made a part of these instructions by this reference. Settlement Statement Approved. The settlement statement prepared by the closing agent Is approved by me, made a part of these Instructions by this reference, and I agree to pay my costs, expenses and other obligations itemized on that statement. I understand that any estimated amounts will be adlusted to reflect the exact amounts required when the funds are disbursed, that the settlement statement continues to be subject to audit at any time, and If any monetary error Is found, the amount will be paid by the party liable for such payment to the party entitled to receive It. BY SIGNING THIS DOCUMENT, THE BUYER FURTHER ACKNOWLEDGES. Property Approved. I have had adequate opportunity to Inspect the property and to determine the exact location of Its boundarfes. The location and physical condition of the property and any buildings. improvements, plumbing, heating, cooling, electrical or septic systems on the property are approved. I understand that all Inspections and approvals of the location and physical condition of the property are my sole responsibility, and are not part of the closing agenfs duties and responsibilities. ., hereby release and agree to hold the closing agent harmless from any and all claims of liability for loss or damage arising or resulting from any physical condition or defect on the property, or from the location of Its boundaries. Page 1 of2 Assumed Encumbrances Approved. I have had adequate opportunity to review the terms of payment, Interest rates and conditions of any existing notes, deeds of trust, mortgages, contracts, assessments or other debts or obligations that I will assume and agree to pay In this transaction, and hereby approve the same. THE CLOSING AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS: Instruction to CloBe. The closing agent Is Instructed to perform its customary closing duties under these Instructions, to deliver and record documents according to these InstructIons. and to disburse the funds according to the settlement statement, adjusting estimated amounts, when the closing agent has the documents required to close the transaction In Its possession and has, or will obtaIn when the documents have been delivered and recorded 1 Sale proceeds for the seller's account in the sum of $ 234.500 00, to be disbursed according to the settlement statement 2. Loan proceeds for the buyer's account In the sum of $ 200,000 00, to be disbursed according to the settlement statement 3. A polley of title Insurance Issued pursuant to the Preliminary Commitment for Title Insurance referred to above, Insuring the buyer with ( x] owner's or [ ] purchaser's I x] standard or [ ] extended coverage with liability of $ 234,500.00, having the usual clauses, provisions and stipulations customarily contained In the printed provisions and schedules of suet) polley forms, insuring the buyer's title to the property against all defects or encumbrances except those set forth in the printed exceptions and exclusions customarily contained In the printed provisIons and schedules of such policy forms, matters attaching by, through or under the buyer. taxes not yet due, and the matters set forth in the following numbered paragraphs of Schedule B of the Preliminary Commitment for Title Insurance: 2ND 1/2 95 RE TAX, 3,5,6,7,8,9 4. Such other policies of title Insurance as may be required by any lenders that are providing financing for the transaction. Completion or Correction ot Documents. The closing agent Is Instructed to correct any errors found In any document deposited under these InstructIons, and to Insert as necessary the closing date, the date on which Interest begins to accrue, and the dates on which payments must be made, If such Items are Incomplete. Adjustments and Pro-ration.. The closIng agent Is Instructed to adjust and pro-rate as of [ x] the closing date or [ ] , real estate taxes for the current year. recurrent assessments if any, Proceeds Check: ~] Seller wUl pick up proceeds check. [ 1 Man proceeds check to seller at: ,10 (] Ir @ C. 2/ OAI-l- 4~g - 5"/'+ (el2. HUQ." Addltlonallnltructlons: BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES: The closing agent has not offered any legal advice or referred me to any named attorney, but has clearly requested that I 8eek Independent legal counsel It I have any doubt concerning the transaction or these Instructions. I have had adequate time and opportunity to read and understand these Instructions and all other documents referred to In these Instructions. Buyer' Date Seller' -< t'I1LYu,;..tif5~ WILLIAM J B 'I'~~~ KATHRYN J RO Date S-/;7/1S- Date JCH DEVELOPMENT JOHN C. HUDDL~STON, Date Date Date Date Date Page 2 of 2 i' LPB 22 Page 2 of 2 l!.Sc:nTW we-St. AFTER RECORDING MAIL TO' Name Address City, State Zip WILLILAM J. BROWN 15130 HIGHWAY 507 YELM. WA 98597 Escrow Number' 5962 TRANSAMERICA TITLE INSURANCE DEED OF TRUST (For use in the State of Washingtoll Only) THIS DEED OF TR UST, made this -3 \ 0+ day of o/\r\ ~( \ 0( q '5 JCH DEVELOPMENT I I \ IJ , between whose address is PO BOX 1206, YELM, WA 98597 TRANSAMERICA TITLE INSURANCE CO , GRANTOR, whose address IS 2625 Martin Way, Olympia, WA 98507 WILLIAM J BROWN and KATHRYN J BROWN, husband and wife , TRUSTEE, , and whose address is 15130 HIGHWAY 507, YELM, WA 98597 WITr:rnSSETH. Grant?r hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following' descrlbe~ real property m THURSTON County, Washmgton. PARCEL S A & C OF BOUNDARY LINE ADJUSTMENT NO BLA-0526, ACCORDING TO BOUNDARY LINE ADJUSTMENT IN VOLUME 6 AT PAGES 231 TO 236 AND RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO 8712160045 , BENEFICIARY, SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON THURSTQt.. COUt~;" ;L jJNP JA, .4A 06..'0 ~ ,.'95 11 : 53 At. \EQUES7 JF: lTT!e S4ffi S. R~~d. HUDITOF. JY: DEBBIE, ~EPUTY $8 .eg D~ Vol; 241... Page: 691 -..le I'~O: 95e601l2te67 which real property is not used principally for agricultural or farming purposes, together with all the tenements, ~ereditaments, and appurtenances DOW or hereafter thereunto belonging or in any wise appertaining, and the rents, JSsues and profits thereof This deed is for the purpose of securing performance of each agreement of grantot herein contained, and payment of the sum of TWO HUNDRED THOUSAND AND NO/100 Dollars ($ 200,000 00) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together With interest thereon at such rate as shall be agreed upon. To protect the security of this Deed (If Trust, Grantor I'QvC':O::lnts 'lnd agn~es: 1. To keep the property in good condition and repair; to permlt no waste thereof; to complete any building, structure or improvem about to be built thereon, to restore promptly any building, structure or improvement thereon which may be damaged or destroy with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property 2. To uay befo~e de~queJlt alllawfu11ax~s and as!iessments upon the property, to keep the property free and clear of all other encunibrances lmpaumg the securIty 0 this Deed ot Trust. 3. To keep all buildin~ now Qr h~reafter erected .on the pr~m_erty de~~ribeg l1erein _c;ontipup~ly inhsured agajnst 10ssdb15Y flre or hot amowt uot less than The Jotal deb~ secured by this Deed of TJUSt. All tlOli~eS shall be held by t e Benef!.Clary. an e in su~ payable Jirst to the Beneficiary, as lt~ interl~ lJlay ap,pearl-<an then .to tpe rantor. Th~ fUllOuuhtJ:ollected apn1ied upon any UJd ecured m such or er as the HenefiClary sh dete mme. ~ c\1 app c tlQn y the }3el1eficlary s all Qot caus~ d1 contmu ce of a tpreclose this Deea of Trust. In the event 0 foreclosure, a~ nghts o~ Me Grantor 1D msurance policles then m ~orce sh:3f pass to the foreclosure sale. 4. To defend atlY jic!on or proce~ding p~porting to affect the.security berepf or the rights or powers pf Beneficiarydin9r Truste.e, a and elP.enses, lJldu g co.st of title ~earcli and attorneys fees 1U a reasonable amount, 1U any such actIOn or procee g, and m ill Beneficlary to tore ose this Deed of Trust. LPB 22 Page 10f2 5bliJo pay all costshfee;; and e~enses in connection with this DcC;d of Trust, incl\ldin~ the expenses of the Trustee mcurred o gaClOn secured ereby and Trustee's and attorney's fees actually mcurred, as proVldedOy statute. 6. Should Grantor fail to pay' when due any taxes, assessments, Insurance premi\}ll;ls liens, encumbrances or Qther charges aga hderdeinabove described, BenelJ.s:iaTY m.flY pay the ~atIl~, and the amount so paId, with mlerest at the rate set forth ID the note secure a ed to and become a part of the debt secured ID this Deed of Trust. IT IS MUTUALLY AGREED THAT 1. In the event any portion of t}le property i~ taken or d~aged in an e,min.ep.t domain groceeding, th~ entire aP.1011n.t of. the award may be necessary to fully sat1Sty t.lie ol>ligatIon secured hereby, shall be pa1d to BenefiClary to be applied to saId obligatIon. ~I1By accepting payment of any sum secur~d hereby.after ItS due date, Bcneficlary does not waIVe ltS right to require prompt payn au olher sums so secured or to declare detault for (ailure to so pay 3. The Trusaee shall re~op.vey all or any PflTt of. the nrQpertv s:;ovc;red by this Det;d of Trust to the 'person entitled thereto, on writt Grantor ~ the Benefic1ary, or upon sat1sfactlOn 01' tlie obligatlOn secured and wr1tten request tor reconveyance made by the B person entIt ed thereto. 4 UPOl1 defa..ult h~rantor jn the payment of any indebt~dness secured hereby or inlb.e performance of any jigreement containe ~cured her~by $..Ii immediately oe-rome dUI; ana plly.able at the olltion of the B~neficlary In such event and uPQP writt~n requ Trustee shall sell t e trust propc;;rtv, ID accordance With the Deed 01 Trust Act at thy Stjlte of Waslmurton, atluublic auchon to th Any persQn except TrU&.tee m~y bid at Trqstee's sale. Tru..stee shall apply the proceeds Qt the sale as foUows: (1 to the e~~.e of a reasonabl~ Tru~tee's tee and attorney's tee; (2) to the obligation secured by this Deed of Trust; (3) the surp us, if any, .shall be persons enhtled thereto. 5. Trust~ shall deliver to the purchaser at the sale its detid, wltho\lt warr~tybwhich j)hall convey to the p,urchaser the int~rest in t Grap.tQr ad Qr ha.d the power tp c01)vey lit thale tune of hi!i execu~lOn of t eecJ pf Trust, and ~uch as he may have sgu1T~d the de~d ~h ll.fc;clte the fllcl!j ShOWIng that the s e was conducted m COJllP lap.ce With all the re.l1wrem~nts of l&w and of this Dee reCital s all be prima laCle evidence of such compliance and conclus1ve eVldence thereof in lavor at bona fide purchaser and e value. 6. Th~ power of sale co~erred by this Deed Qf Trllst qnd by the Deed of Trust Act of the State of Washington is not an ex BeneficIary may cause this Deed 01 Trust to be toreclosed as a mortgage. 7 In t).le event of the qeath, inr;ap\icity, disability or reS111'Jl~lOn of Tr.ustee, Beneficiary mll-y"'apPo.mt in wr1tinR,a successor trust rticording ot such apPolI\tIJle~1O the m..QTtgage recQrds or tt y county m ~l}ich this Deed ofTrqst 15 r~cordyd, lh~ successor trust With all powers of tht;. ongm ~rllstee. The trustee IS not ob 19ated tb nphty any party hereto ot llending sale under any other De any action or proceeding 10 w ch Grantor, Trustee or Benefic1ary shall be a party unless such acfion or proceeding is brought by t 8. T\ri~ Deed of Trust applie<s to, inures to the benefit of, and)..s bIDdinjl; qot only on the partje~ hereto, but on their heirs, de adm1J1lS.tratQrs, c;xecutors and asstgns. The term Beneficiary shall mean tlie holder and owner of the note secured hereby, whethe BeneficIary herem. JCH DEVELOPMENT ~~~~. J HN D HUDDLES N , ~~\,~ 'i?~~~ STATE OF VIA County of THURSTON f.iul; 241 1 Page.: 692 - d~ .~o: 95136310067 On this day of May. 1995 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared .JOHN C. HUDDLESTON to me known to be the individual_described in and who executed the foregoing instrument, as General partner _of the JCH DEVELOPMENT , a Limited Partnership, and acknowledged to me that he free and voluntary act and deed for the uses and purposes authorized to execute the SaId mstrument. ~ 55: signed and sealed this said instrument as his therein mentioned, and on oath stated he is Given under my hand and official seal this day c~~ 50 clay of May, 1995 ~I~~~~lb~" Notary Public in an r the State of WASHINGTON Residing at OLYMPIA My appointment expires: "'5--!J - 9 8- lo ... ~ - c1 /0 OFFICIAL SEAL MARNY BRIGHT NOTARY PUBlIC.STATE OF WASHtNGTON MY COMMISSION EXPIRES: 6 -5-96 REQUEST FOR FULL RECONVEYANCE Do not record. To be used only when note has been paid. TO' TRUSTEE The undersigned is the legal owner and holder of the note and aU other indebtedness secured by the within Deed of Tr together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requeste payment to you of any sum.s owing to you unde~ the terms of said ~eed of Trust,. to cance~ said note above mentioned, and all ? lDdebtedness secured by SaId Deed of Trust delivered to you hereWlth, together With the sa1d Deed of Trust, and to reconvey, Wit the parties designated 1;;)' the terms of laid Deed of Trust, all the estate now held by you thereunder D~te4. ..... ,19---.. LPB 22 Page 2 of 2 . > Promissory Note (monthly installments) Escrow Number' 5962 $200,000 00 FOR VALUE RECElVED,JCH DEVELOPMENT promiSe s to pay to WILLIAM J BROWN and KATHRYN J. BRO\ilN, husband and wife or order, at 15130 HIGHWAY 507, YELM, WA 98597 the sum of TWO HUNDRED THOUSAND AND NO/100 Dollars ($200,000 00 ) with interest from JUNE 1 1995 on unpaId prmclpal at the rate of SEVEN AND ONE HALF (7 5000%) per cent per annum, principal and mterest payable in installments of ONE THOUSAND TWO HUNDRED FIFTY AND NO/lOO ($1,250 00 ) or more on the 1ST day of each SUCCEEDING CALENDAR month, begmning on the 1 s t day of July, 1995 , and continuing until said principal and mterest have been plUd. ON OCTOBER 1, 1995 A PRINCIPAL PAYMENT OF $25,000 00 IS DUE AND PAYABLE, REDUCING PRINCIPAL BAlANCE TO $175,000 00 MONTHLY PAYMENT OF INTEREST ONLY TO THEN BE $1,100 00 PER MONTH, BEGINNING NOVEMBER 1, 1995 BAlANCE TO BE PAID IN FULL 36 MONTHS FROM DATE OF RECORDING THE DEED OF TRUST SECURING THIS NOTE A LATE PAYMENT FEE OF 5 00% WILL BE DUE ON ANY PAYMENT MORE THAN 15 DAYS LATE Each maker executes this note as a principal and not as a surety Each payment shall be credited frrst on interest due and the remainder on principal; and mterest shall thereupon cease upon the principal so credited. Should default be made in payment of any installment when due, the whole sum of principal and mterest shall become llUmediately due at the option of the holder of this note. PrinCipal and mterest payable m lawful money of the Umted States. If action be instituted on this note, Maker agree s to pay such sum as the Court may fIX as attorney's fees. This note is secured by Deed of Trus t of even date. JCH DEVELOPMENT ~~ ~~ -- ~~DL~ l ~~ WHEN RECORDED RETURN TO BERNARD L. PEREZ A TTORNEY-A T-LAW POBOX 930 YELM, WA 98597 Deputy DOCUMENT TITLE REFERENCE NO OF DOCUMENTS ASSIGNED OR RELEASED GRANTOR(S) QUIt Claim Deed GRANTEE(S) 9505310073 JCH DEVELOPMENT, a Washington g,~neral partnership FORRESTER, James M FORRESTER, Patricia J Parcel C of BLA No 8144 21725120100 LEGAL DESCRIPTION ASSESSOR'S TAX PARCEL ID NO *************************************************************** QUIT CLAIM DEED THE GRANTOR, JCH DEVELOPMENT, a Washington general partnership, for and In consideration of cancellation of deed of trust, conveys and quit claims to JAMES M FORRESTER and PATRICIA J FORRESTER, husband and wife, the following described real estate, situated in the County of Thurston, State of Washington, including any after acquired title Parcel C of Boundary Line Adjustment No BLA-8144 recorded May 22, 1995, under recording no 9505220009, Dated -:r- '-.} \~ \ , 1998 JCH DEVELOPMENT, a Washington general partnership '"'''''''' ........ L. M. "e, ,I'~ t;}~....",,~, O(~lt, !iSM~TAR" ~ ~ ........ ~ eIl\ Pu8L~ '~", '1i';';A"'~" 10 __ \T. ~; f . <" ""~ ..\.\) ~- ft, OF W^S~~....~ " f'\ ," """", On this \j~Vv day of 0~ ' 1998, before me the undersigned, a Notary Public In and f r the State of Washington, duly commissioned and sworn, personally appeared JOHN D HUDDLESTON, to me known to be the managing partner of JCH DEVELOPMENT, the partnership that executed the forgoing instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he IS authorized to execute said Instrument on behalf of said partnership STATE OF WASHINGTON ss COUNTY OF THURSTON IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written '~~(\,fu d 'n jet" ,jj NOT RY PUBLIC In and for the State of Washington, reSiding at t~,J\'\ \) My commiSSion expires " S I f G I, I ) " "" " 111111111111111 PEREZ, RERNARD I n ~ ~~ en LrJ C'-J co ~ rn GI "- N .......J I:::::> t-::> 3168354 P (lgl? 1 of 1 a7/27/1998 ~8 14A Thur5t nn ro. I~A c.:-~ (..-.~ ( .~ (;"') !.J-J if) cr) "'.:0:: City of Yelm 105 Yelm Avenue West POBox 479 Yelm. Washington 98597 (360) 458-3244 ":::::01.. (.1,_:' t:.....) l.W 0::' PLANNING DEPARTMENT DATE December 12, 1996 CASE NUMBER BLA-968186-YL APPLICANT JCH Deve!opment, John Huddleston PROJECT LOCATION PROJECT SUMMARY Boundary Line Adjustment The enclosed project information is for your review Please provide written comments or recommendations to Cathie Carlson by December 30. 1996 Your comments will become part of the record and utilized in the decision-making process by staff, Planning Commission or City Council TYPE OF APPLICATION .-2LPROPOSED _FINAL ..LADMINISTRATIVE _PLANNING COMMISSION _CITY COUNCIL _Site Plan Review _Preliminary Plat _Final Plat _Short Subdivision _Conditional Use _Variance _Planned Residential Development _Mixed Use Planned Development _Master Planned Development _Home Occupations _Mobile Home Park N b Convmuvb J5wJ- 7'B0-S~/() yf- G5.2-( ~ Thurston County Assessor _WSDOT _Intercity Transit _School District _Yelm Telephone _LeMay Garbage Service _Fire Department _Thurston County Capcom _Adjacent Jurisdiction _Thurston County Environmental Health _Olympic Air Pollution Control Authority _ Yelm Parks Advisory Committee _ Yelm Chamber of Commerce TO .-2LCity Administrator ~Director of Public Works ~Building Department .-2L City Planner _City Clerk _Police Department _ Yelm Municipal Court _Puget Power _ Viacom _Washington Natural Gas _Adjacent Property Owners _US Post Office (Yelm) _Dept. of Ecology c:\wpwin\forms\distrib @ Ru\'ckd JXIper City of Yelm 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458)244 [ PLANNING DEPARTMENT I DATE December 12,1996 .. . :] CASE NUMBER. BLA-9}D8186-YL APPLICANT JCH Develc;>pment, John Huddleston PROJECT LOCATION PROJECT SUMMARY Boundary Line Adjustment Theenclosed,project information is for your review Please provide written comments or recommendations to'Cathie Carlson by December 30. 1996 Your comments will become part of the record and utilized in the decision-making process by staff, Planning Commission or City Council TYPE OF APPLICATION _~_PROPOSED FINAL -LLADMINISTRATIVE PLANNING COMMISSION _CITY COUNCIL _Site Plan Review -,--Preliminary Plat ----':Final Plat _Short Subdivision _Conditional Use ,-----Variance _Planned Residential Development _Mixed Use Planned Development ,-----Master Planned Development _Home Occ~pations _Mobile Home Park . TO -LLCity Administrator -LLDirectorof Public Works -LLBuilding Department -LLCity Planner _City Clerk _Police Department _ Yelm Municipal Court _Puget Power _ Viacom ' _Washington Natural Gas _Adjacent Property Owners _US Post Office (Yelm) _Dept. df Ecology -LL Thurston County Assessor _WSDOT _Intercity Transit ---,--School District _ Yelm Telephone _LeMay Garbage Service _Fire Department _Thurston County Capcom _Adjacent Jurisdiction _Thurston County Environmental Health --,-Olympic Air Pdllution Control Authority ~ Yelm Parks Advisory Committee -'-- Yelm Chamber of Commerce c:\wpwi n\forins \distrib * Recycled 'paper .'$LA,q 1$:t.i4""1L-' :.lREfEIl?l7 :N.o. ~J; ~, '/<- >: * **^*F'IfTY DOLIiAF(S;"&C~:~ C~li.TS ;RM~IVED'F;136M ~Y~lT~nOp.M:ENT ;$OJL :L 2c0~6: , DAtE' ~ , , r:;-,,, H~6.NC" ~'~ 3'1 i\MO,ClNT 5fQ.0~ C.f1EPJ< . '- " t2/11J96" ~,. , , 1 /'"' """,.1' <,.-; .~ ~...... 98597 11.J'S.c:E1JLl\N.EOUp 'RfJ:ctI~T .A'NNEW'tz:&t . BLA APPLICATION FEE .I"',--.-.-.----------------~- ---'~--~~-~- ---------------------..... ---------- -----..--1;1 ." . .,r 0. City of Yelm OFFICIAL USE ONLY Ca se Number&At'Pgli~ YL Date Receive~-II-q(a By OttJ-er Cases ~ Fee paid--Date~ o Mapped ~ YELM WASHINGTON 105 re/mAven/le West POBox .f7Y re/III, Washington 98597 (360) -/58-324-/ APPLICATION FOR: 'S1 BOUNDARY LiNE ADJUSTMENT DSHORT PLAT o LARGE LOT SUBDiViSiON 0 OTHER *USE BLACK iNK ONLY 1 Applicant's Namc .:To I-t~ HU.DDl-G:.S-rON - --Jc.1-l PGVELOpIVIGIVT Ia Owner of Parcel(s) 0 Purchaser of Parcel(s) 0 Representalive 2 Address p o. ~O)( 12-0~ Slreet yel-M City vvA Slatc 9S,897 Zip 3 Telephonc (during thc wcek day) Home Work 458 - 7312.. SURVEYOR (if applicable) Namc E -rn..VE .( A.ssoC- Address P. 0 .'lao.:>< 908 Ye LIVI lA/..<l, qa917 rilllne 4si3 - z.e 94- 4 OWNER (if olher than applicant) Name Addrcss Phone 5 Tax Parcel Number(s) of propcrly included in lhis applicalion 2./725 12-0000, Z/7Z-5 IZt)f 00 I 2../725"111000 - 6 ~~ Section ~-" , Township 17 Norlh, Range /€ ,W.M. 7 Address of sitc (if assigncd) UAJK.AJc:lM/N t! Area of project (in acres, if possible) /5 4B Ac~e.s 9 Area of entirc contiguolls ownership, if other than fit! 10 Zoning District /Z </- Shoreline Designation (if applicable) 11 Comprehcnsivc Plan/Sub-Area Plan Designalion C. H4S /iOU:;fZ w/ <:::;A;E:.4~ 12 Type uf un-silc slruclures (give lut numbers) A HAS I-/OM6; S"N~I).' t{/l/LAG.& (SHOW LOCATION AND LABEL EACH STRUCTURE ON MAP) 13 What uscs are proposed for lhe vacant lots'l Thc uses must hc consistent with zuning S Single Family, on Lois A .Ja Duplex, un Lois .B 61 Multifamily, un Lois c;... 0 Cummercial, on Lois o Induslrial, on Lots IF UNDECIDED. LOTS WILL BE REVIEWED FOR ONE SINGLE-FAMILY RESIDENCE PER LOT. 14 Exisling scwagc disposal 0 Nonc Jil Seplic tank-(dalc installed (/IJ~ 0 Sewcr (SHOW ON MAP) 15 Proposcd Sewa~e Disposal 0 None 0 Scptic talll, .iii Sewcr 0 Olhcr 16 Existing Walcr Supply [J Nonc JiJ Individual wcll on lol(s) tJ Ate.. (SHOW ON MAP) o COlllmunity Wcll--Namc of Syslem IIr Owncr o Municipal Walcr Syslcm--Namc of Municipalily Page 1 of 2 ... ..' Case # 17 Proposed Water Supply 0 None o Individual Wells o Community Well--Name of System or Owner Ii Municipal Water System--Name of Municipality C rry Or yELJt1 IN. Special areas on your project site (Show checked areas on map) fiI None o Creek or Stream DRiver (Name) (Name) o Lake/Pond o Swal11p/Bog (Name) o Cliffs o Draw/Gully 19 Has a portion of your project site ever Hooded? 0 No 0 Do not know o Yes, when? (If yes, show area un map) 20 *FOR SHORT PLATS AND BOUNDARY LINE ADJUSTMENTS ONLY) o Lut # A o Lut # S o Lot # C- D Lot# , Lot Area in Square Feet , Lut Area in Square Feet , Lut Area in Square Feet , Lut Area in S(juare Feet 8"7303 34a9 Z5" Z.""'594~ 21 Docs the property being subdivided have city/cuunty/state road frontage? D No EI Yes 0 City of 0 County 181 State If yes, name of road SR 507 90 ,. Right-of-way width uf road frontage If no, width and length of private road, casement or right-uf-way feet wide by feet long 22 If property to be divided is accessed by a private road, Iww many other parcels have access by this road'? (Include vacant parcels.) 23 (FOR YELM TOWNHOUSE SHORT PLATS ONLY) a. Fur existing townhouse units being short platted Do the common walls meet building and tire cudes'? 0 Yes 0 No b. For nroposed townhouse units Has the applicant submitted the following to the Site Plan Review Committee'? 0 Yes 0 No (If nu, your short plat will be held pending the submittal of those items listed beluw ) (!) Building Pla~ Typical front and side elevatiuns and exteriur architectural treatments of the [)roposed units. (2) Site Plan~ Location of buildings in relation to property and lot lines, off-street parking areas, patio and service areas, including garhage disposal areas, landscaping, walls, fences, puhlic and private streets, driveways, all common facilities, upen space and walkways. In addition, lot size, percentage uf gruund coverage and open space shall be included as data on such plan. A tupographic map shall alsu be submitted showing existing and propused cuntuurs at two-fuut intervals and which lucates existing streams, lakes, marshes and other natural features. The requirement of the topographic map may be Waived by the Site _ Plan Review Committee if it deems it not necessary Page 2 of 2 Boundary Line Adjustment #BLA LEGAL DESCRIPTIONS OF PARCELS BOUNDARY LINE ADJUSTMENT Parcel A of Boundary Line Adjustment #BLA described as follows PARCEL A OF BOUNDARY LINE ADJUSTMENT NO BLA-0526 AS RECORDED UNDER AUDITOR'S FILE NO 8712160045 IN VOLUME 6 OF BLA'S, PAGES 231-236, RECORDS OF THURSTON COUNTY, WASHINGTON EXCEPT THAT PORTION DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 1 EAST, W M, THENCE N 00037'30" E ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER A DISTANCE OF 16000 FEET TO THE TRUE POINT OF BEGINNING, THENCE N 00037'30" E ALONG SAID WEST LINE A DISTANCE OF 83 00 FEET, THENCE N 89022'30" W A DISTANCE OF 104 14 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS N 00037'30" E A DISTANCE OF 18500, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50056"20" A DISTANCE OF 16447 FEET, THENCE N 38026'10" W A DISTANCE OF 11638 FEET TO THE SOUTHEASTERLY MARGIN OF YELM RANIER HWY (S R. 507), THENCE S 51033'50" W ALONG SAID MARGIN A DISTANCE OF 237 80 FEET, THENCE S 79004'21" E A DISTANCE OF 51406 FEET TO THE TRUE POINT OF BEGINNING TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD Parcel B of Boundary Line Adjustment #BLA described as follows PARCEL C OF BOUNDARY LINE ADJUSTMENT NO BLA-0526 AS RECORDED UNDER AUDITOR'S FILE NO 8712160045 IN VOLUME 6 OF BLA'S, PAGES 231-236, RECORDS OF THURSTON COUNTY, WASHINGTON TOGETHER WITH THAT PORTION OF PARCEL A OF SAID BOUNDARY LINE ADJUSTMENT NO BLA-0526 AND THAT PORTION OF PARCEL C OF BOUNDARY LINE ADJUSTMENT NO BLA-8144 AS RECORDED UNDER AUDITOR'S FILE NO 9505220009 IN VOLUME 2407, PAGE 531, RECORDS OF THURSTON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 1 EAST, W M , THENCE N 00037'30" E ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER A DISTANCE OF 24300 FEET, THENCE N 89022'30" W A DISTANCE OF 104 14 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS N 00037'30" E A DISTANCE OF 18500, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50056"20" A DISTANCE OF 16447 FEET, THENCE N 38026'10" W A DISTANCE OF 11638 FEET TO THE SOUTHEASTERLY MARGIN OF YELM RANIER HWY (S R. 507), THENCE S 51033'50" W ALONG SAID MARGIN A DISTANCE OF 17000 FEET, THENCE S 38"26'10" E A DISTANCE OF 102 00 FEET, THENCE S 09052'53" E A DISTANCE OF 41519 FEET, THENCE N 59000'36" E A DISTANCE OF 367 72 FEET TO THE POINT OF BEGINNING TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD Boundary Line Adjustment #BLA LEGAL DESCRIPTIONS OF PARCELS BOUNDARY LINE ADJUSTMENT Parcel C of Boundary Line Adjustment #BLA described as follows A PORTION OF PARCEL C OF BOUNDARY LINE ADJUSTMENT NO BLA-8144 AS RECORDED UNDER AUDITOR'S FILE NO 9505220009 IN VOLUME 2407, PAGE 531, RECORDS OF THURSTON COUNTY, WASHINGTON TOGETHER WITH THAT PORTION OF PARCEL A OF BOUNDARY LINE ADJUSTMENT NO BLA-0526 AS RECORDED UNDER AUDITOR'S FILE NO 8712160045 IN VOLUME 6 OF BLA'S, PAGES 231-236, RECORDS OF THURSTON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 1 EAST, W M , THENCE N 00037'30" E ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID NORTHEAST QUARTER A DISTANCE OF 24300 FEET, THENCE N 89022'30" W A DISTANCE OF 104 14 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT, THE RADIUS POINT OF WHICH BEARS N 00037'30" E A DISTANCE OF 18500, THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 50056"20" A DISTANCE OF 16447 FEET, THENCE N 38026'10" W A DISTANCE OF 116 38 FEET TO THE SOUTHEASTERLY MARGIN OF YELM RANIER HWY (S R 507), THENCE S 51033'50" W ALONG SAID MARGIN A DISTANCE OF 17000 FEET TO THE TRUE POINT OF BEGINNING, THENCE S 38026'10" E A DISTANCE OF 10200 FEET, THENCE S 09052'53" E A DISTANCE OF 41519 FEET, THENCE S 59000'36" W A DISTANCE OF 45207 FEET, THENCE N 40014'50" W A DISTANCE OF 261 05 FEET, THENCE N 00047'16" E A DISTANCE OF 18999 FEET TO THE SOUTHEASTERLY MARGIN OF YELM RANIER HWY (S R. 507), THENCE N 51033'50" E ALONG SAID MARGIN A DISTANCE OF 534 83 FEET TO THE TRUE POINT OF BEGINNING TOGETHER WITH AND SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code Said descriptions are based upon a Recorded Survey Submitted this 3 "'-;g day of })ec.. 1996 2dW~ //l < ~ E TRUE & ASSOC SURVEYING EDDIE M TRUE PLS 24227 . . ~ .. DECLARATIOtJ OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN 8Y THESE PRESENTS That we the undersigned having a real interest in the tract of land described by the declaration, and do hereby declare the herein described dcJjustment of land certified as Boundary Line Adjustment ~Jumber BLA- on the day of , 19_, by the Planning Department, subject to the following covenants and conditions. 1. That all subsequent deeds will contain provisions for private roads in the manner described tlerein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads drc improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, publ ic or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains,. or conduits across a described portion of such road 4. That wi th respect to any private road described by th is declaration whether it remains private or becomes a dedicated road, tnere is the additional right to make all necessary slopes for cuts and fills, and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for ded ica tion of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5 That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herei n 6. That additional covenant, easements, res trictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's Fi Ie Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this c;;l A./P day of :J:>e.c.em?E/L . 1976 -=rc~ D~~~~~ b~ ~~~ a tor ~~~~\'O~ ~~~~"\ (; rzmtor Grantor Grantor Grantor Grantor ; STATE OF WASH I NGTON ss COUNTY OF THURSTON On this day personally appeared before me -.lO)l)./...j!V/)l>J...ESTCJ!I/ to me known to be the individual described in and who executed the within and foregoi ng instrument, and acl<nowledged that tie s i g n ed the same as Ht,! free ancl voluntary act ancl deed, for the uses and purposes therein men tioned GIVEN under my hand and official seal this .;J. Jtf.P day of ~ E(!.f m.B E e... , 1990 the at STATE OF WASHINGTON) ) ss. COUNTY OF THURSTON) On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing ins trument, and acl<nowledged that signed the free and voluntary act and deed I for the uses and same as purposes therein mentioned G lVEN under my hand and official seal this day of 19 1\fDTAl~Y PUBLIC in and for the State of Washington residing at AUDITOR'S CERTIFICATE File for record at the request of this day of pas t o'clock. m. , Lot Subdivisions on page ,19 ,at minutes and recorded in Volume of Lurge I records of Thurston County I Washington. Thurston County Auditor l~ \I_Dj~ OJ J tv Bernie Perez, Attorney P.O. Box 930 Yelm, WA 98597 TRANSAMERICA TITLE INSURANCE COMPANY 2625 Martin Way Olympia, waShing:Oyn: 9~~ Phyllis M. Kroger, Title Officer For service on this order call: (360) 943-8801 (FAX: 943-2951) Prepared for: RE: Seller FORRESTER Buyer/Borrower: JCH DEVELOPMENT Order No.: 146331 Customer Ref: SECOND REPORT SCHEDULE A EFFECTIVE DATE: May 23, 1995, at 8:00 A.M. 1. Policy or policies to be issued: Amount Owner's Policy $200,000.00 Standard Policy Short-Term Rate Proposed Insured: J.C.H. DEVELOPMENT, A PARTNERSHIP Premium Tax $5$4.00 $46.14 2. Title to fee simple estate or interest in said land is at the effective date hereof vested in: JAMES M. FORRESTER AND PATRICIA J. FORRESTER, HUSBAND AND WIFE 3. The land referred to in this commitment is described as follows: PARCEL C OF BOUNDARY LINE ADJUSTMENT NO. BLA-8144 RECORDED MAY 22, 1995, UNDER RECORDING NO. 9505220009. SITUATE IN THURSTON COUN~Y, STATE OF WASHINGTON. I -continued- Order No. 146331 SCHEDULE B REQUIREMENTS. Instruments necessary to create the estate or interest to be insured must be properly executed, delivered and duly filed for record. EXCEPTIONS. Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Standard exceptions set forth in inside of back cover. C. Special exceptions: 1. Real Estate Excise Tax pursuant to the authority of RCW Chapter 82.45 and subsequent amendments thereto. As of the date herein, the tax excise rate for said property is .0153. 2. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No. Year Amount Billed Amount Paid Principal Balance 21725120100 1995 $607.90 $303.95 $303.95 TCA 170 (Affects portion of property) 21725130300 TCA 170 1995 $1,240.28 $620.14 $620.14 (Affects remainder and other property) 99900307800 TCA 170 1995 $719.78 $359.89 $359.89 (Affects portion of Parcel 30300) 3. The lands described herein have been classified as farm and agricultural and are subject to the provisions of RCW 84.34, which include the requirement of a continuation of restricted use in order to continue the present assessment rate. A change in use can cause an increased assessment rate for present and past years. Any sale or transfer of all or a portion of said land requires execution of a notice of compliance form attached to the excise tax affidavit. 2 Order No. 146331 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: James M. Forrester and Patricia J. Forrester, husband and wife Transamerica Title Insurance First community Bank of Washington $172,500.00 November 10, 1993 November 17, 1993 9311170174 GRANTOR: 5. ALL COVENANTS, CONDITIONS OR RESTRICTIONS, ALL EASEMENTS OR OTHER SERVITUDES, AND ALL RESERVATIONS, if any, disclosed by the recorded documents of Boundary Line Adjustment, as recorded under Recording No. 8712160045. (Affects portion of property) 6. DECLARATION OF COVENANTS and the terms and conditions thereof, preventing certain practices in the use of that portion of the land lying within 100 feet from a well, as disclosed by instrument recorded under Recording No. 8810240003. (Affects portion) 7. DECLARATION OF COVENANTS and the terms and conditions preventing certain practices in the use of that portion of lying within 100 feet from a well, as disclosed by instrument under Recording No. 8810240004. (Affects portion) thereof, the land recorded 8. UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: puget Sound Power and Light Company Construct, operate, maintain, repair, replace and enlarge an underground electric transmission and/or distribution system Portion of said premises November 16, 1988 8811160071 AREA AFFECTED: RECORDED: RECORDING NO.: 9. Covenant, imposed by instrument recorded on January 12, 1994, under Recording No. 9401120141. 10. ALL COVENANTS, CONDITIONS OR RESTRICTIONS, ALL EASEMENTS OR OTHER SERVITUDES, AND ALL RESERVATIONS, if any, disclosed by the recorded documents of Boundary Line Adjustment No. 8144 as recorded under Recording No. 9505220008. 11. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: SECURED PARTY: DEBTOR: COVERS: RECORDED: RECORDING NO.: Washington Mutual Savings Bank Mark Fullerton Mobile Home January 26, 1994 9401260407 3 Order No. 146331 12. RIGHT, TITLE AND INTEREST OF Mark Fullerton AS DISCLOSED BY Financing Statement. RECORDED: January 26, 1994 RECORDING NO.: 9401260407 We find no conveyances of record into said party. NOTE 1: The manufactured home, if any, located on the land not classified as real estate pursuant to RCW expressly excluded from the coverage of the policy described herein is 65.20 and will be to issue. NOTE 2: If the forthcoming instrument(s) is/are to be executed by an attorney in fact, the power of attorney must be submitted to the Company before closing to allow a determination of its sufficiency. END OF EXCEPTIONS Investigation should be made to determine if there are any service, installation, maintenance or construction charges for sewer, water, electricity or garbage collection or disposal or other utilities. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. mm Enclosures: Sketch 4 - 11 Note: Unless otherwise requested, the forms of policy to be issued in connection with this commitment will be ALTA 1992 policies, or, in the case of standard lender's coverage, the CLTA Standard Coverage, the CLTA Standard Coverage Policy - 1990. The policy committed for or requested may be examined by inquiry at the office which issued the commitment. A specimen copy of the policy form(s) referred to in this commitment will be furnished promptly upon request. 3cc: Bernie Perez 4 DlIS SKE7. IS A rrACHFlJ 77'J ORDER NO. ~ -. I I -,~ ~ ....~ ~ ~ I SEN1' BY: 9432951:# 21 7 I I: 15 A 8L~2~ t. n I.- ,',,, Nil , , Fl:. ~. ____I 0.1 r 4. , , I~ I I I I I I , I I 12.00 ACRES 11) OLD lJN( I ~ I o S "', , j - ,. ~ ~. I I L THIS SKETCH IS PROVIDED, ,^~THOUT CHARGE, FOR YOUR INFORMATION, ANO IS NO - INTENDEO TO SHOW ALL MATTERS RELATED TO THE PROPERTY, INCLUDING, BUT NOT UMITED TO AREA. DIMENSIONS, EASEMENTS. ENCROACHMENTS, OR LOCATION OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POUCY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO UABILITY FOR ANY MATTERS RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER PARTICULARS. /.....~~II.L I V \ I +~, I >>10 n fiARACE lOO't RADIUS U, I .........--/ .. . g ~ '0 ~ # g '" . ... i::: ~ a :z II> F ,.3~- ~ )';"'" " 5f&_'#::~ 1.": . ..:;~ f ..... SECOND ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT THIS AGREEMENT entered into this 29th day of March, 1995, by and between JAMES M. FORRESTER and PATRICIA J. FORRESTER, husband and wife, as "SELLER", and JCH DEVELOPMENT, a Washington general partnership, as "PURCHASER", WITNESSETH: WHEREAS, on or about February 1, 1995, SELLER and CREATIVE HOMES, INC., a Washington corporation, entered into a neal Estate Purchase and Sale Agreement pertaining to certain real property located in Thurston County, Washington more particularly described in said agreement; and WHEREAS, on March 1, 1995, SELLER and CREATIVE HOMES, INC., entered into an Addendum amending the terms and conditions of said original purchase and sale agreement; and WHEREAS, on March 25, 1995, CREATIVE HOMES, INC. assigned to JCH DEVELOPMENT any and all interest held by CREATIVE HOMES, INC. in said Real Estate Purchase and Sale Agreement and said Addendum thereto; and WHEREAS, for reasons that are mutually beneficial to the parties hereto, the parties desire to reduce the quantity (area) of the real property to be sold to PURCHASER from twenty (20) acres to eight (8) acres, with the other twelve (12) acres to be sold to YELM COMMUNITY SCHOOLS; and WHEREAS, contemporaneously with the execution of this Sedond Addendum SELLER is to execute a Real Estate Purchase Agreement with YELM COMMUNITY SCHOOLS as to said twelve (12) acre portion, a copy of which agreement is attached hereto, marked as Exhibit "A", and incorporated herein by this reference; now, therefore, it is hereby AGREED as follows: I. PROPERTY TO BE SOLD. The real property located in Thurston County, Washington to be sold by SELLER to PURCHASER shall be reduced in area to 8 acres, with the remaining 12 acres of the original 20 acres to be sold to YELM COMMUNITY SCHOOLS, the legal descriptions of which parcels are defined in Exhibit "B", which is attached hereto and incorporated herein by this reference. II. PURCHASE PRICE. The total price is TWO HUNDRED THOUSAND DOLLARS ($200,000.00), payable as follows: no ($0.00) funds shall b<..~ paid down at closing, with the balance of $200,000.00 payable by way of Promissory Installment Note secured by a Deed of Trust. Said note bearing interest on the declining principal balance at the rate of seven percent (7%) per annum from the date of closing, with monthly payments of interest only at $1,166.67, or more at PURCHASER'S option, the first payment due 30 days after closing. Said note shall further provide that the entire balance, both principal and interest, shall be paid in-full no later than 72 months from the date of closing. Said Deed of Trust shall be in the form attached as an exhibit to said Real Estate Purchase and Sale Agreement dated February 1, 1995, r ,~ c. deleting any provisions in Addendum "A" thereto relating to any underlying indebtedness of SELLER (Beneficiary), shall incorporate all the terms and conditions of this Agreement and the Addendum dated March 1, 1995 not amended by this Second Addendum, and shall provide for partial reconveyance or partial reconveyances of a portion or portions of the subject property under the following terms and conditions: a) PURCHASER shall pay to SELLER, as principal reductions, in addition to the regularly scheduled monthly note payments, a sum equal to $25,000.00 per acre of area to be reconveyed or the total unpaid balance should the total unpaid balance be less then $25,000.00; b) PURCHASER shall pay all costs associated with the reconveyances, including SELLER'S costs for reasonable professional fees to have the documents reviewed; c) No such reconveyance shall be made so as to deny access to the property remaining subject to the Deed of Trust, said access to be sufficient to be in conformance with the requirements of access as imposed by the City of Yelm in effect at the time of reconveyance. III. RELEASE OF INTEREST IN TWELVE ACRES. On condition that SELLER executes the purchase agreement and closes the sale of the twelve (12) acres referred to hereinabove to YELM COMMUNITY SCH00LS in accordance with the terms and conditions of the subject Real Estate Purchase Agreement (Exhibit "A") on or before May 30, 1995, and on condition that SELLER uses the proceeds of said sale to pay in full SELLER'S underlying obligation (deed of trust) in favor of First Community Bank as it pertains to all twenty (20) acres, PURCHASER agrees to release any and all interest PURCHASER holds under any agreements entered into heretofore with respect to said twelve (12) acres to be sold to YELM COMMUNITY SCHOOLS. In the event that SELLER fails to close the sale of the subject twelve (12) acres to YELM COMMUNITY SCHOOLS on or before May 30, 1995, then all the terms and conditions of the original Real Estate Purchase and Sale Agreement of February 1, 1995, and the Addendum thereto dated March 1, 1995, shall control the terms and conditions of purchase and sale between SELLER and PURCHASER as to the entirety of the twenty (20) acres as though this Second Addendum had not been executed. IV. OTHER TERMS AND CONDITIONS UNCHANGED. All other terms and conditions of said original Real Estate Purchase and Sale Agreement, and the Addendum thereto dated March 1, 1995, shall remain in effect without modification, unless expressly amended in this Second Addendum or by necessary implication. SELLER: PURCHASER: JCH Development r~~ mes M. Forrest r ~~ ;--/V~ Patricia J Forrester to> (1. EXHIBIT "B" TO SECOND ADDENDUM TO REAL ESTATE PURCHASE AND SALE AGREEMENT (Page 1 of 2) Leqal Descriptions - In Thurston County, Washinqton: I. Eiqht (8) Acres to be ~91d to Purchaser: Beginning at the Southeast corner of the Southwest quarter of the Northeast quarter of section 25, Township 17 North, Range 1 East, W.M.; thence North 890 12' 43" West along the South line of the Southwest quarter of said Northeast quarter a distance of 212.82 feet; thence North 22051' 20" West a distance of 720.55 feet; thence North 400 14" 50" West a distance of 302.90 feet to the true point of beginning; thence North 400 14' 50" West a distance of 261.05 feet; thence North 000 47' 16" East a distance of 189.87 feet to the Southeasterly margin of Yelm Rainier Highway (S.R. 507); thence North 510 33' 50" East along said margin a distance of 70.69 feet to the North line of said Southwest quarter; thence South 890 13' 43" East along said North line a distance of 813.53 feet to the Northeast corner of said Southwest quarter; thence South 590 00' 36" West a distance of 819.79 feet to the true point of beginning. II. Twelve (12) Acres to be sold to YELM COMMUNITY SCHOOLS: Parcel 1: Beginning at the Southeast corner of the Southwest quarter of the Northeast quarter of Section 25, Township 17 North, Range 1 East, W.M.; thence North 890 12' 43" West along the South line of the Southwest quarter of said Northeast quarter a distance of 212.82 feet; thence North 22051' 20" West a distance of 720.55 feet; thence North 400 14" 50" West a distance of 302.90 feet; thence North 59000' 36" East a. distance of 819. 79 feet to the Northeast corner of said Southwest quarter; thence South 000 37' 30" West along the East line of said Southwest quarter a distance of 1320.28 feet to the point of beginning. Parcel 2: An easement for ingress, egress and utilities over, under and across that parcel described as follows: Beginning at the Southeast corner of the Southwest quarter of the Northeast quarter of Section 25, Township 17 North, Range 1 East, W.M.; thence North 890 12' 43" West along the South line of the Southwest quarter of said Northeast quarter a distance of 212.82 feet; thence North 220 51' 20" West a distance of 720.55 feet; thence North 40014" 50" West a distance of 302.90 feet to the true point of beginning; thence North 400 14' 50" West a distance of 261.05 feet; thence North 000 47' 16" East a distance of 189.87 feet to the Southeasterly margin of Yelm Rainier Highway (S.R. 507); thence North 510 33' 50" East along said margin a distance of 77.45 feet; thence South 000 47' 16" West a distance of 130.32 feet to the beginning of a curve to the left, the radius point of which bears South 890 12' 44" East a distance of 230.00 feet; thence Southeasterly along the arc of said curve through a central angle of 410 02' 06" a distance of 164.73 feet; thence South 400 14' 50" East a distance of 162.30 feet; thence South 590 00' 36" West a distance of 60.79 feet to the true point of beginning. OVV". BLA----- !'ELM BOUNDARY LlNE ADJUSTMENT NO ~ -- "..... ""'" ... "'..... " "'''''' - ' "". ,.. \\ \ . \ CITY OF ~ ~ ~ ~ ~ cf) ~ ~ ~ ~~r- ~~C'l 1..\-\ ~ o ~ 0 ~ ~ C'l ~ '$ cf) ;::J (l) ~ 0 p P r-\ ~ ~~ on ~ ~ m p... ~ p~'-" ~ ~ p '5 ~ ~ u ;::J \S.4 p... cf) '!:\ l\ ~\ ~ ~ "A" 10-92 Adt!S .~ % _,l~:-( 25"g.~ 5 e,,2'4J 1<4 a9,t&.J-" 412.!O .. - CERTIFICATION OF CONFORMANCE , -" -,- "" "'" ",,,,,,,, "'" -- """,.. '"" '" ""W''''''''' .. '" ,~"''' '" ,-_. "",,,,,' " '" ""~",, "'" ." ",.., ." ." on< ",,,,,,,,, I~St:fflCIE:I'f LOf MlO-A ",~D OU/EIISIOIl 1'0 !lEET rIlE loI11l1!lUlI REQUIRElIEIfl'S fOR A,nffl AND A)lEA fOP. BUIUJI/lC srrES ORIGINAL LEGAL DESCRIPTION ~ 8_,,,~u"""''''S''''''TH<1'''''-~'' ~,~.. """'" -""""",,S ,u. H<l a1l2t,,,od .. .o..u~ , " "",.s. ..c:cs :lJ'-1)6. ...""""s " ji&lRSTO< <D1"rr. ...""",- ~:::.;,g;';;; ,;;,,~,{";E:f""';;:::" ":',...:""'.~ 1 CASt. ....._ ()(~ ...5 raJ.OwS: et""""'" .T "'" """,,..Sf ~ " ..., """",vsT OJ""'" ~ ,;.o.a: """fl' ..."'" ".c "';Sf""" "oc" ...s FtC" ",EJ'CE ",ST ....u.D- ..", "'" "" '" II'l " $AIO .oRr><€.ST ",...T[lI ..:.0 FaT, o<(..cE """'" .,......aT '0 0<( ,,,,,,,,,,,, ..""T-<1'-"" """ " "'" """0....... ..,.0. .S " Dl,l[1l 'U"",T ,& .,><> ~ """"" ".... UST ,,-,,,,,, $AIO .."";;:;r"~~'" o:.;J:C~; .~;...':f ~...r'" "'" ~fl' """ ... ,-aT ""'" r:I' u:ss to lIE "",,~.'T ~ :F """ su8O''''''''' il<€NCE """, ,'20 f((T ..~ oR uS> '0 r><E """.u.sT ,.,...EO rF '^'" su.....""" ll'(..cE ""Sf ,,-"'" ll'l """.. """ <1' """ su8O''''''''' .,,,, FaT ..~ r:I' uS> '0 "" X)<HT rF a€~; O'C-<?""' "",,,,,,,,,,, sr.c"""'" ,,.1'( ,..","AT N<> >-'" ,.",.rt!> '" .....,r<lN COONTY ....."',,"". ,A'h, ~ t \ \il \ (f) N \ 'J ~\ \ 0 1 <I'. \0 \~ ...:l ...:l 1- .<\~ -, LEGEND o o 9 ~ "", !9.,.r"J.~ ' ,~" ~~ ..v- - ~ s ag.,..nJ ~ D ~ SET 5/8" REB.R AJW REO CAP l.5 2.22'1 fOUND Co;!.~ER sET .s NOrED . 1I0NUi.lEN'l" roUND ~ 1I0rEP lIETllOD of SURvEY: flEUJ TIlA'/ERS& EQUIPIIE:I'f USED: 1I1l<Oll AllOW TOfAL Sf.TIOll \ '1.'" ~_.-_.--_.. ~ -- -- ---- PARCEL NUMBERS . ti\,~ ~I ~, ~ ~ -g. ~ " D\ B o.rE ?LA/ll<!lIG DEJ'JJ!TllE:I'f E TRUE & ASSOC PROfEssro~'\L LAND SURveYORS p O. BOX 908 '{ELM. WASHINGTON 98597 (206) 458-2894 - SURVEYOR'S CERTIFICATE THIS ..JJ' CORRECTLY REPP!:SENTS I< SURvEY ...DE BY ...E oR u"oER ..i OlRECnON IN CON,OR...NCE ....TH THE StiR'J!:v RECORllI"~ .CT ,OR )j~-HUOO~ IN~~ ~ PI<T(:--- ~N~L_~1r\IEVO~ LICENsE: NU...aor 2'221 AUDITOR'S CERTIFICATE ,ILEO FOR REcQll!l lHIS _ o.Y or ~ .99- loT ____ ... ,,1 BC)OIC -:::::..- or~,::~~;;t~ .T n<E REQUEST oF ~ ~ ~.,~ ---- ---""" AUDlTOlrs I:'IDEJ(l=,G DATA RANeE: IE 5t:C t10H TO.,...SHIP 17 "CR1l' 94-7 NE 1/4 25 \ ( - fi. ~ ADDENDUM "A" TO DEED OF TRUST This Addendum "A" sets forth additional terms and conditions of that certain Deed of Trust dated of even date, by and between JCH DEVELOPMENT, Grantor, and JAMES M. FORRESTER and PATRICIA J. FORRESTER, Beneficiary. Grantor and Beneficiary herein, the language of the Deed of Trust to the contrary notwithstanding, agree as follows: 1. For purposes of RCW 61.24.100, the Grantor acknowledges and agrees that this deed of trust, and the Note which it secures, have been given in connection with an exclusively commercial transaction, and not for personal, family, or household purposes. 2. Grantor shall be entitled to a partial reconveyance or partial reconveyances of a portion or portions'of the subject property under the following terms and conditions: a. Grantor shall pay to Beneficiary as principal reduction in addition to the regularly scheduled monthly note payments, a sum equal to $25,000.00 per acre of area to be reconveyed or the total unpaid balance should the total unpaid balance be less than $25,000.00; b. Grantor shall be liable for any costs related to affecting such partial reconveyance or reconveyances, including Beneficiary's costs for reasonable professional fees to have such documents reviewed; and c. No such partial reconveyance or reconveyances shall be made so as to deny access to the property remaining subject to this deed of trust, said access to be sufficient to be in conformance with the requirements of access as imposed by the City of Yelm in effect at the time of reconveyance. DATED: s\ '3 C) 0\ , 1995. GRANTOR: BENEFICIARY: JCH DEVELOPMENT (" ./ /' I ~/". / -'-4~:,.- / , ? ,~-=I. j C L' Forrester , ',") i...__.//, /.. : 'fE... "1 I "'J'!,.f' " /' <-' ---.... (. ,,-.-,1- , " ~. . .- managing / James M. 'I I (, 7- ,It')", - ~'re..,);".. "Patricia J . Forrester UJ. r ';..:~:1. ~ F ;31::' 79:=- .- .~ .0" 9=iJ.:1S::; 1 ;2107 :=: T;]I\,.IS'~,~;::""rl\ TITLE INSURANCE rUi~.\. ,.~......i .h.. h . \,-\(;5St THURS TOt.~ COUNT.' OL \'t1P I H I L,Ji-: as., 31/95 11 :01 Hf'1 REG!UEST OF: 'TT I C ~affi S. ~eed, HUDITOR B'" ~ HLHN, DEPiJT y' t? .00 AD THE GRANTOR, JAMES M. FORRESTER and PATRICIA J. FORRESTER, husband and wife, for and in consideration of $10.00 and other valuable consideration in hand paid, conveys and warrants to JCH DEVELOPMENT, a Washington general partnership, the following described real estate, situated in the County of Thurston, State of Washington: STATUTORY WARRANTY DEED Parcel C of Boundary Line Adjustment No. BLA-8144 recorded May 22, 1995, under recording no. 9505220009; SUBJECT TO: All Covenants, conditions or restrictions, all easements or other servitudes, and all reservations, if any, disclosed by the recorded documents of Boundary Line Adjustment, as recorded under Recording No. 8712160045. (Affects portion of property); SUBJECT TO: Declaration of covenants and the terms ahd conditions thereof, preventing certain practices in the use of that portion of the land lying within 100 feet from a well, as disclosed by instrument recorded under Recording No. 8810240003. (Affects portion); SUBJECT TO: Declaration of covenants and the terms and conditions thereof, preventing certain practices in the use of that portion of the land lying within 100 feet from a well, as disclosed by instrument recorded under Recording No. 8810240004. (Affects portion); SUBJECT TO: Underground utility easement and the terms and conditions thereof, granted to puget Sound Power and Light Company for the purpose to construct, operate, maintain, repair, replace and enlarge an underground electric transmission and/or distribution system on a portion of said premises. Recorded November 16, 1988 under recording no. 8811160071; (., SUBJECT TO: Covenant, imposed by instrument recorded on January 12, 1994, under recording no. 9401120141; and SUBJECT TO: All covenants, conditions or restrictions, all easements or other servitudes, and all reservations, if any, disclosed by the recorded documents of Boundary Line Adjustment No. 8144 as recorded under Recording no. 9505220008. c ) ....-- Dated -/ . / -- ~ \,. ~ ?" -7 ,/J! ;: '-) , 1995 /:.1. 241 r:i ;Ia:i~: 795 F..l.:' T'(.:;: 9SeS:310072 / / /, ., ,}. ... .--"// \. ' --.".,.- ~ /<. /) ,;"..,../ J 1'''. ' f.., J4' ." ,/ '-:-;rc..~. . 1'( Jame's M. Forrester ,J r-. L- ( ".'( Patricia J. Forrester ..;1 / . /. <- SSe Re3/ Estate S13le~ tax paid 'i, (( ( ,{} ~ " ' , 11),( l ( ()I (( Ii' .'J '~)t no .\ j (- Dilte ~ \ 'I II -- ~. I. j \ 1- \ Y :'~ iJ ry t () n ,..... t) ~,~ ~ ~ I LI..Ul.dJtL..lL.._. STATE OF WASHINGTON COUNTY OF THURSTON On this day personally appeared before me, JAMES M. FORRESTER and PATRICIA J. FORRESTER 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 uses and purposes therein mentioned. ., ~ ft;. Ie GIVEN u?ger my hand and official seal th~s' day of ;v I If-- '1- '" 1995. I .. c _..,. /'1 ,-1,./ r .. "" / ,. \ .-"T 'l:::{) L"" >- f/---J ~ ,." L I' (---+. (,' ~ 1 !. r----Iv f-I j.~/) J t. f.:.cZ NOTARY PUBLIC in a~ for t4e State of Washington, residing a~~ "]r'l.c .,.,-~...,- My commission expires 2." Iii, 'i 7 ( . ~, ,- :'-' ~. ~~ - ' <", ,..~ ,..-y~ Distnct SR 507 SIte lllcludes the easement, and the DIstrict shall not be required to pay Huddleston for the easement. 2 Access Easement for Huddleston Mill Road Site. (a) Request for Easement. In consideratIOn of Huddleston consentmg to accept tItle to the Huddleston SR 507 SIte subject to the access/ egress/utIlity easement described in Paragraph 1 above, Dlstnct agrees that Dlstnct shall, upon wntten request by Huddleston, grant to Huddleston an access easement across the Distnct Mill Road Site SIxty (60) feet In width and located in approximately the location shown on the map attached hereto as Exlllblt F Huddleston would not be reqUIred to pay Dlstnct for the value of the land or the easement, but conveyance of the easement would be at no cost to the Dlstnct, and Huddleston would prepare all documents and descnptIons and pay any and all fees assocIated WIth conveyance of the easement. Further, Huddleston agrees to the followlllg conditIons at no expense to the Distnct Huddleston shall (1) construct on the easement area a road to include curbs and SIdewalks as reqUIred by the CIty of Yelm, (2) provIde fencmg as may be requu'ed by the CIty of Yelm and/or the DIstrict between the road and the school property to facIlItate safety of the clllldren at the school, and (3) relocate the eXIsting gate to the parking area to meet the needs of the Distnct for hmited access after hours (b) TenulllatIon of RIghts Huddleston's nght to request the access easement to MIll Road shall termlllate upon the cat'her of the followlllg to occur (1) termmatIon of the purchase and sale agreement between Huddleston and Dodson without Huddleston completlllg acqUIsitIOn of the Huddleston SR 507 SIte, or (u) one (1) year from the date of this Agreement. 3 Form of Agreements Agreements for conveyance of the easements descnbed herem was approved by the Board of DIrectors on March 23, 1995 4 TItle to Easements Title to any easements granted hereunder shall be free of any monetary hens or encumbrances and any other matters that would prolllblt or lnmt use of the easements contemplated by the partIes. Each party shall be responsIble for removmg any such monetary lien, prohIbition, or tItle encum- brance from the easement rights being conveyed by it. 5 NotIces Unless applicable law reqUires a different method of gIVlllg notIce, any and all notIces, demands or other COlllmulllcatIons reqUIred or deSIred to be given hereunder by any party (collectIvely, "notIces") shall be in writing and shall be validly gIven or made to another party If delivered either personally or by Federal Express or other overlllght delivery serVIce of recoglllzed standmg, or if deposited in the Ulllted States mall, certIfied, regIstered, or express lllall with postage prepald If such notIce IS personally delivered, it shall be conclusively deemed gIven at the tune of such dehvery If Ruch notIce is delivered by Federal Express or other overl1lght delivery serVIce of recogl1lzed standing, It shall be deemed given twenty-four (24) hours after the depOSIt thereof with such dehvery service, If such notIce IS maIled as prOVIded herem, such shall be deemed given forty-eight (48) hours after the depOSIt thereof in the U lllted States mall. Each such -2- ~N~~~ notIce shall be deemed given only if properly addressed to the party to whom such notice IS to be given as follows' To Huddleston. John Huddleston POBox 1206 Yelm, W A 98597 POBox 1206 Yelm, W A 98597 To JCH Development. To Forrester James Forrester 15026 SR 507 HIghway Yelm, W A 98597 To Buyer' Yelm Commumty Schools Distnct No 2 404 Yelm Avenue \\1~est POBox 476 Yelm, W A 98597 Attn John Thomson DIrector, FaCIlitIes and Mamtenance Any party hereto may change Its address for the purpose of receivlllg notices as herem prOVIded by a wntten notIce given 111 the manner aforesaid to the other party hereto. 6 Miscellaneous (a) ApplIcable Law TIns Agreement shall III all respects be governed by the laws of the State of Washington. (b) Further Assurances Each of the partIes shall execute and delIver any and all addItIonal papers, documents and other assurances, and shall do any and all acts and tlungs reasonably necessary III connectIOn with the performance of its oblIgatIons hereunder, to carry out the intent of the parties hereto (c) ModIficatIOn or Amendment No amendment, change or modificatIon of this Agreement shall be valId, unless in writing and signed by all of the parties hereto (d) Successors and ASSIgns All of the terms and provisions con tamed herem shall mure to the benefit of and shall be bmdmg upon the parties hereto and their respective heirs, legal representatives, successors and assigns. -]- ~ ~ C;=.L (lll) The Board of Directors of Yelm Community Schools shall have approved the transaction. (b) AdditIOnal CloSlllg COlldItIOll~ In addItion to the conditions stated III paragraph 6(a) above, Buyer's obligatIOn to purchase the Property shall be subject to the followmg condItIons whIch must be satisfied by Seller as of Closmg unless waived by Buyer at Closing' (1) The Property shall be legally diVIded from adjacent property owned by Seller through the process of boundary line adjustment to the Buyer's adJacent property; (u) The Property IS currentIy claSSIfied as open space land pursuant to RCW Chapel' 8434 Consequently, It is assessed at a lower property tax rate. Under the terms of tillS statute, upon transfer or sale of land to a new owner who does not llltend to contmue to mallltalIl the land as open space, addItIOnal taxes and a penalty are due pnor to the sale closing Buyer shall, prior to Closing, pay the addItional taxes, penalties, and any other fees assessed by the County AudItor connected WIth the change of classification; (lll) Seller, Buyer amI John Huddleston (or an entity owned or controlled by Huddleston) shall have entered lllto an agreement regardmg the Parcel 2 access easement (wInch easement will cross property currently owned by Seller and under contract to Huddleston land/or an entity owned or controlled by Huddleston]) to allow access from Parcel 1 to SR 507 The agreement shall be in substantially the form attached hereto as Exhibit C, (IV) All representatIOns and warranties of Seller contained herein shall be true, accurate, and complete at the tune of the Closmg as If made again at such tIme; (V) Seller shall have performed all obligatIOns to be performed by It hereunder on or before Closing (or, If earlIer, on or before the date set forth in this Agreement for such performance), (vi) At Closing, Seller shall delIver title to the Property in the conditIon required by Paragraph 5 of this Agreement, and the Title Company shall issue the Title Policy required by Buyer; and (viI) At Closmg, the physical condition of the Property shall be the same as on the date hereof, ordinary wear and tear excepted. If the condItIons set forth above are not satisfied as of Closing and Buyer does not WaIve same, the Earnest Money DepOSIt and all interest thereon shall be returned by Escrow Agent to Buyer, and thereafter neither Buyer nor Seller shall have any further liability to the other under tillS Agreement. -4- N ~~ SELLER'S CLOSING STATEMENT FORRESTER/JCH DEVELOPMENT, a Washington general partnership TRANSAMERICA TITLE INSURANCE COMPANY PRELIMINARY TITLE COMMITMENT NO. 146331 DEBIT CREDIT Sale Price $200,000.00 Balance on note and deed of trust $200,000.00 Excise tax (1.28% plus local tax of .25%) 3,060.00 One-half escrow fee 350.00 Title insurance premium 630.14 Buyer's pro-rated share of 1st half of 1995 real estate taxes: 1) 21725120100 2) 21725130300 54.13 5.43 SUB-TOTALS $204,040.14 200,059.56 3,980.58 NET FUNDS DUE TO CLOSE TOTALS $204,040.14 204,040.14 NOTE: THE UNDERSIGNED HAVE READ AND APPROVED THIS CLOSING STATEMENT. IT IS UNDERSTOOD AND AGREED BY ALL PARTIES THAT SHOULD THERE BY ANY ERRORS OR OMISSIONS IN THIS CLOSING STATEMENT, ESCROW AGENT IS INSTRUCTED TO CORRECT THE SAME. SHOULD ANY SUCH MONETARY ERROR BE DISCOVERED, IT IS TO BE ASSESSED AND IMMEDIATELY COLLECTED OR REFUNDED TO THE PARTY OR PARTIES LIABLE THEREFOR OR ENTITLED THERETO. DATED this '/1( day of /- , 1995. I --r-._ /ame's M. Forrester ;1.2' "" ". i -..~. to c.. // Patricia J.( Forrester I / ~ I . Buyer(s): se11er(s): JCH DEVELOPMENT, a Washington general partnership James M. Forrester and Patricia J. Forrester Escrow File No.:95-01-002 Title Order No.:146331 Title Co.: Transamerica Title Insur-ance Company CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and Sale Transaction The undersigned buyer and seller (referred to herein as "the parties") hereby designate and appoint Bernard L. Perez, attorney at law, P.O. Box U, Yelm, WA 98597, (referred to herein as the "closing agent") to act as their closing and escrow agent according to the following agreements and instructions. IT IS AGREED, AND THE CLOSING AGENT IS INSTRUCTED, AS FOLLOWS: Terms of Sale. The terms and conditions of the transaction which is the subject of these instructions (referred to herein as "the transaction") are set forth in the, parties' Purchase and sale Agreement, Earnest Money Agreement, or other written agreement, and any attachments, amendments or addenda to that agreement (referred to herein as "the parties' agreement"), which is made a part of these instructions by this reference. Any changes to the parties' agreement will be made a part of these instructions, without further reference, when signed by the parties and delivered to the closing agent. These instructions are not intended to amend, modify or supersede the terms and conditions of the parties' agreement and if there is any conflict or inconsistency between these instructions and the parties' agreement, the terms and conditions of the parties' agreement shall control unless the terms of these instructions expressly state otherwise. Description of Real property. The real property which is the subject of the transaction (referred to herein as "the property") is identified in the parties' agreement. Thedocuments required to close the transaction must contain the "legal description" of -the property. If the parties' agreement does not yet contain the correct legal description, the parties or 1:he real estate agent shall obtain an addendum setting forth the legal description as soon as possible and deliver it to the closing agent. Closing Date. The date on which the documents required to close the transaction are filed for record (referred to herein as "the closing date") shall be on or before the'date for closing of the transaction specified in the parties' agreement or in an addendum extending that date. Documents. The closing agent is instructed to select, prepare, complete, correct, receive, hold, record and deliver documents as necessary to close the transaction. The closing agent ~y request that certain documents be prepared or obtained by the parties or their attorneys, in which case the parties shall deliver the requested documents to the closing agent before the closing date. Execution of any document will be considered approval of its form and contents by each party signing such document. Deposits and Disbursement of Funds. Before the closing date, each party shall dep03it with the closing agent all funds required to be paid by such party to close the transaction, less any earnest money previously deposited with the real estate agent, if any. The closing agent is authorized, but not required, to consider a lending institution's written commitment to deposit funds as the equivalent of a deposit of such funds, if all conditions of the commitment will be met on or before the closing date. All funds received by the closing agent shall be dep03ited in one or more of its general escrow or trust accounts with any bank doing business in the state of washington and may be transferred to any other such accounts. The closing agent shall not be required to disburse any funds deposited by check or draft until it has been advised by its bank that such check or draft has been honored. All disbursements shall be made by the closing agent's check. Settlement statement. The closing agent is instructed to prepare a settlement statement showing all funds deposited for the account of each of the parties and the proposed disbursements from such funds. No funds shall be disbursed until the parties have examined and approved the settlement statement. Some items may be estimated, and the final amount of each estimated item will be adjusted to the exact amount required to be paid at the time of dipbursement. 'l'he settlement statement will be subject to audit and any errors or omissions may be corrected at any time. If any monetary error is found, the amount will be immediately paid by the party liable for such payment to the party entitled to receive it. Prorations. Adjustments or pro-rations of real estate taxes, and other charges if any, shall be made on a per-diem basis using a 365 day year, unless the closing agent is otherwise instructed. Title Insurance. The closing agent is instructed to obtain and forward to the parties a preliminary commitment of title insurance on the property and on any other parcel of real property that will be used to secure payment of any obligation created in the transaction (referred to herein as "the title report"). Verification of Existing Encumbrances. 'l'he closing agent is instructed to request a written statement from the holder of each existing encumbrance on the property, verifying its status, terms, balance owing and, if it will not be removed at closing, the requirements that must be met to obtain a waiver of any due-on-sale provision. The closing agent is authorized to rely upon such written statements in the performance of its duties, without liability or responsibility for their accuracy or completeness. Instructions From Third Party. If any written instructions necessary to close the transaction according to the parties' agreement are given to the closing agent by anyone other than the parties or their attorneys, including but not limited to lenders, such instructions are accepted and agreed to by the parties. Page 1 of 4 , , D!sclosure of Information to Third Parties. The closing agent is authorized to furnish, u!ion request, copies of any closing documents, agreements or instructions concerning the transaction to the parties' attorneys, and to any real estate agent or lender involved in the transaction. other papers or documents containing personal or financial information concerning any party may not be released to anyone other than the party's attorney or lender, without prior written approval. Potential Legal Problems. If the closing agent becomes aware of any facts, circwustances or potential problems which in the closing agent's opinion should be reviewed by any of the parties' attorneys, the closing agent is authorized, in its sole discretion, to advis~ the parties of such facts, circumstances or potential problems and recommend that legal counsel be sought. Closing Agent's Fees and Expenses. The closing agent's fee is intended as compensa.tion for the closing and escrow services set forth in these instructions. If additional services are required to comply with any change or addition to the parties' agreement or these instructions, or as a result of any party's assignment of interest or delay in performance, the partios agree to pay a reasonable additional fee for such services. The parties shall also reimburse the closing agent for any out-of-pocket costs and expenses incurred by it under these instructions. Title insurance premiums or cancellation fees will be billed separately to' the appropriate parties. The closing agent's fees, costs and expenses shall be due and payable on the closing date or other termination of the closing agent's duties and responsibili ties under these instructions, and shall be paid one-half by the buyer and one-half by the seller unless otherwise provided in the parties' agreement. Cancellation. These instructions may be canceled by a written agreement, signed by all of the parties, and payment of the closing agent's fees, costs and expenses. upon receipt of such agreement and payment, the closing agent shall return any money or documents then held by it to the parties that deposited the same, and shall have no further duties or responsibilities under these instructions. Inability to Comply with Instructions. If the closing agent receives conflicting instructions or determines, for any reason, that it cannot comply with these instructions by the date for closing specified in the parties' agreement or in any written extension of that date, it shall notify the parties, request further instructions, and in its discretion: (1) con1:inue to perform its duties and close the transaction as soon as possible after receiving further instructions, or (2) if no conflicting instructions have been received, return any Dloney or documents then held by it to the parties that deposited the same, less any fees and expenses chargeable to such party, or (3) commence a court action, deposit the money and documents held by it into the registry of the court, and ask the court to determine the rights of the parties. when the money and documents have been returned to the parties or deposited into the registry of the court, the closing agent shall have no further duties or responsibilities under these instructions. Disputes. should any dispute arise between the parties, or any of them, and/or any other party, concerning the property or funds involved in the transaction, the closiQg agent luay , in its sole discretion, hold all documents and funds in their existing status pending resolution of the dispute, or join or commence a court action, deposit the money and documents held by it with the court, and ask the court to determine the rights of the parties. Upon depositing said funds and documents with the court, the closing agent shall have no further duties or responsibilities under these instructions. The parties jointly and severally agree to pay the closing agent's costs, expenses and reasonable attorney's fees incurred in any lawsuit arising out of or in connection with the transaction or these instructions, whether such lawsuit is instituted by the closing agent, the parties, or any other person. Notices. Any notice, declaration or request made under these instructions shall be in Io\friting, signed by the party giving such notice or making such declaration or request, and personally delivered or mailed to the closing agent and other parties at their addresses set forth in these instructions. Amendments. Any amendment, addition or supplement to these instructions must be in writing, signed by the appropriate parties and delivered to the closing agent. Counterparts. These instructions may be executed in one or more counterparts with like affect as if all signatures appeared on one copy. Effect. These instructions shall bind and benefit the parties, the closing agent, and their 3uccessors in interest. Definitions. when used herein or in any amendment, addition or supplement hereto, words and Jhrases are defined and are to be construed as follows: . The words "buyer" and "seller" refer to all persons and entities identified as such by their dgnatures on this document, jointly and severally unless otherwise indicated, and shall be :onstrued interchangeably with other similar terms such as "purchaser", "vendee", "vendor", 'grantee", or "grantor" as may be appropriate in the context and circumstances to which such words lpply. The word "lender" refers to any lending institution or other party, inclUding the seller if lppropriate, that has agreed to provide all or part of the financing for the transaction or to ~hich the buyer has made a loan application. The phrase ..these instructions" refers to the agreements, instructions and provisions set 'orth in this document and all amendments, additions and supplements to this document. The phrase "the property" refers to the real property identified in the parties' agreement, .ncluding any other parcel of real property that will be used to secure payment of any obligation :reated in the transaction, and does not include any items of personal property unless otherwise Ipecifically stated in these instructions. The phrase "outside of this escrow" refers to any duty, obligation or other matter which is .he sole responsibility of the parties or of any party, and for which the closing agent shall have 10 responsibility or liability. In these instructions, singular and plural words, and masculine, feminine and neuter words, Ihall be construed interchangeably as may be appropriate in the context and circumstances to which iuch words apply. Page 2 of 4 .... I.., MATTERS TO BE COMPLETED BY THE BUYER AND SELLER IMPORTANT-READ CAREFULLY The following items must be completed by the parties, outside of esorow, and are not part of the closing agent's duties under these instructions. Inspection and Approval of the property. Any required inspections or approvals of the property or of improvements, additions or repairs to the property will be arranged and completed by the parties, outside of escrow. The closing agent shall have no liability with respect to the physical condition of the property, or any buildings, improvements, plumbing, heating, cooling, electrical, septic or other systems on the property, and no responsibility to inspect the property, or to otherwise determine its physical condition, or to determine whether any required improvements, additions or repairs have been satisfactorily completed. Personal property. Any required inspections, approvals or transfers of possession of any owned or leased fixtures, equipment or other items of personal property included in the transaction, and payment of any personal property, sales or use taxes, will be completed by the parties outside of escrow. unless otherwise instructed, the closing agent shall have no responsibility with respect to such personal property and shall not be required to detennine the status or condition of the title to, encumbrances upon, ownership, or physical condition of such personal property, nor to calculate, pro-rate, collect prepare returns for or pay any personal property tax, sales tax or use tax arising from the transaction. utilities. All orders, cancellations, transfers, payments and adjustment of accounts for water, sewer, garbage collection, electricity, gas, fuel oil, telephone, television cable and any other utilities or public services will be completed by the parties outside of escrow. unless otherwise instructed, the closing agent shall have no responsibility to determine, collect, pay, pro-rate or adjust charges for installation or service for any utilities or pubLic services, except to pro-rate existing recurrent assessments for public improvements, if any, which appear on the title report. Fire or Casualty Insurance. If a new policy of fire, hazard or casualty insurance on the property is necessary to close the transaction, the buyer will arrange for the policy to be issued, outside of escrow, and will provide evidence of the required insurance coverage to the closing agent before the closing date. Unless otherwise instructed, the closing agent shall have no responsibility to contract for or obtain any policy of fire, hazard or casualty insurance on the property, or any assignment of such policy. ' Possession of the property. The transfer of possession of the property shall be arranged directly between the parties outside of escrow and shall not be the responsibility of the closing agent. Collection Account. If any financing for the transaction will be provided by a private party, the parties are advised to open a collection account at a financial institution to receive and disburse payments to be made under the private promissory note or contract. The collection account shall be established by the parties outside of escrow and shall not be the responsibility of the closing agent. Payment of omitted Taxes. If any additional real property taxes are assessed for recent improvements made to the property and not added to the tax rolls before the closing date, the parties shall pay their respective shares of such omitted taxes, pro-rated as of the closing date, within 30 days after receipt of notification that such taxes have been assessed. The closing agent shall not be responsible or liable for any assessment, collection or payment of omitted taxes. Iudividual ~axes. The parties are advised to consult with their attorneys to determine whether they must report income, deduct expenses or losses, or withhold or pay any income or business taxes as a result of the transaction. The olosing agent shall have no responsibility for the parties' individual tax consequences arisin~ t~9~ th~ t~~psaction. Foreign Investment in Real property Tax Aot. If any seller is, or may be, a non-resident alien or a foreign corporation, partnership, trust or estate for the purposes of United states income taxation, the parties are advised to consult with their attorneys before. the closing date to determine their responsibilities and liabilities, if any, under the Foreign Investment in Real Property Tax Act (section 1445 et seq. of the Internal Revenue code). The closing agent is not required to verify the nationality or foreign status of any of the sellers, or to withhold, report or pay any amounts due under such act. Approvals and Permits. The parties are advised to consult with their attorneys to determine whether any building, zoning, subdivision, septic system, or other construction or land use permits or approvals will be required, either before or after the closing date. The closing agent shall have no responsibility with respect to any such permit or approval, and shall have no liability arising from the failure of any party to obtain, or from the refusal of any governmental authority to grant, any such permit or approval. Compliance with Certain Laws. The parties are advised to consult with their attorneys to determine their responsibilities, if any, under the Consumer Protection Act, Truth-in-Lending Act, Interstate Land Sales Act or other similar laws. The closing agent shall have no respon:3ibility for the parties' compliance, nor any liability arising from the failure of any party to comply, with any such law.. Additional Agreements, Instructions and Disclosuresl See Supplement to closing Agreement and Escrow Instructions. Page 3 of 4 NOTICE TO PARTIES The services of the closing agent under these instructions will be performed by VANAlRSDALE AND PEREZ in a capacity as escrow/closing agent only, and NOT as attorneys for either party. You are further advised that: THE CLOSING AGENT IS NOT ACTING AS THE ADVOCATE OR REPRESENTATIVE OF EITHER (OR ANY) OF THE PARTIES. THE DOCUMENTS PREPARED BY THE CLOSING AGENT WILL AFFECT THE LEGAL RIGHTS OF THE PARTIES. THE PARTIES' INTERESTS IN THE DOCUMENTS MAY DIFFER. THE PARTIES HAVE A RIGHT TO BE REPRESENTED BY LAWYERS 'OF THEIR OWN SELECTION. THE CLOSING AGENT IS NOT GIVING LEGAL ADVICE AS TO THE MANNER IN WHICH THE DOCUMENTS AFFECT THE PARTIES. BY SIGNING THESE INSTRUCTIONS, EACH PARTY ACKNOWLEDGES: I have been specifically informed that the closing agent is NOT offering any advice concerning the merits of the transaction or the documents that will be used to close the transaction. The closing agent has not offered any legal advice or referred me to any named attorney, but has clearly requested that I seek legal counsel if I have any doubt concerning the transaction or these instructions. I have had adequate time and opportunity to read and understand these instructions and all other existing documents referred to in these instructions. Buyer: Seller: JeH Development, a washington general partnership Forrester , ~~J;:;;: /7.;- Date I // F, ,. I 7/l 'Patricia J. Forrester 1.</ < ~J'/7' C- Date P.O. Box 1260 Yelm, WA 98597 P.O. Box 524 Yelm, WA 98597 Accepted: "" ~ i;;11 By. 0hh f / ' 1 Page 4 of 4 J c:<' Escrow File No.: 95-01-002 Title Order No: 146331 Title co.: Trans america Title Company Buyer(s): JCH Development, a Washington general partnership seller(s): James M. Forrester and patricia J. Forrester Supplement To CLOSING AGREEMENT AND ESCROW INSTRUCTIONS For Purchase and sale Transaction Including Instructions to Record Documents and Disburse Funds This is a part of the Closing Agreement and Escrow Instructions signed by the parties under the Closing Agent's escrow file number set forth above. Except as expressly modified, changed or amended by this supplement, all terms and conditions of the closing Agreement and Escrow Instructions, and any previous supplements, additions or amendments thereto, shall remain in effect. THE SELLER HAS APPROVED, SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS: statutory warranty Deed Real Estate Excise Tax Return IRS taxpayer identification form Addendum to Deed of Trust - THE BUYER HAS APPROVED, SIGNED AND DEPOSITED THE FOLLOWING DOCUMENTS WITH THE CLOSING AGENT UNDER THESE INSTRUCTIONS: promissory Note Deed of Trust (with addendum thereto) Real Estate Excise Tax Return BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES: Conditions of Parties' Agreement satisfied. All terms and conditions of the parties' agreement have been met to my satisfaction, or will be met, satisfied or complied with outside of escrow. Title Report Approved. The preliminary Commitment for Title Insurance, including the legal description of the property and all attachments, supplements and endorsements to that report, issued under order number 146331, are approved by me and made a part of these instructions by this reference. Settlement statement Approved. The settlement statement prepared by the closing agent is approved by me, made a part of these instructions by this reference, and I agree to pay my costs, expenses and other obligations itemized on that statement. I understand that any estimated amounts will be adjusted to reflect the exact amounts rQ<;Iuired when the funds are disbursed, that tl1e settlement statement continues to be subject to audit at any time, and if any monetary error is found, the amount will be paid by the party liable for such payment to the party entitled to receive it. BY SIGNING THIS DOCUMENT, THE BUYER FURTHER ACKNOWLEDGES: property Approved. I have had adequate opportunity to inspect the property and to determine the exact location of its boundaries. The location and physical condition of the property and any buildings, improvements, plumbing, heating, cooling, electrical or septic systems on the property are approved. I understand that all inspections and approvals of the location and physical condition of the property are my sole responsibility, and are not part of the closing agent's duties and responsibilities. I hereby release and agree to hold the closing agent harmless from any and all claims of liability for loss or damage arising or resulting from any physical condition or defect on the property, or from the location of its boundaries. Assumed Encumbrances Approved. I have had adequate opportunity to review the terms of payment, interest rates and conditions of any existing notes, deeds of trust, mortgages, contracts, assessments or other debts or obligat~ons that I will assume and agree to pay in this transaction, and hereby approve the same. Page 1 of 2 " ~ :_~ ... THE CLOSING AGENT IS INSTRUCTED TO PROCEED AS FOLLOWS: Instructions to Close. The closing agent is instructed to perform its customary closing duties under these instructions, to deliver and. record documents according to these instructions, and to disburse the funds according to the settlement statement, adjusting estimated amounts, when the closing agent has the documents required to close the transaction in its possession and has, or will obtain when the documents have been delivered and recorded: 1. Sale proceeds for the seller's account in the sum of $200,000.00, to be disbursed according to the settlement statement, and 2. Loan proceeds for the buyer's account in the sum of $ 0, to be disbursed according to the settlement statement, and 3. A policy of title insurance issued pursuant to the preliminary conunitment for Title Insurance ("Second Report") referred to above, insuring the buyer with owner's standard coverage with liability of $200,000.00, having the usual clauses, provisions and stipulations customarily contained in the printed provisions and schedules of such policy forms, insuring the buyer's title to the property against all defects or encumbrances except those set forth in the printed exceptions and exclusions customarily contained in the printed provisions and schedules of such policy forms, matters attaching by, through or under the buyer, taxes not yet due, and the matters set forth in the following numbered paragraphs of Schedule B of the preliminary conunitment for Title Insurance: 2, 5 , 6, 7, 8 , 9 and 1 0 . 4. such other policies of title insurance as may be required by any lenders that are providing financing for the transaction. Completion or Correction of Documents. The closing agent is instructed to correct any errors found in any document deposited under these instructions, and to insert as necessary the closing date, the date on which interest begins to accrue, and the dates on which payments must be made, if such items are incomplete. Adjustments and Pro-rations. The closing agent is instructed to adj.ust and pro-rate as of May 30, 1995, real estate taxes for the current year. proceeds Check: There will be no proceed of sale; Seller must pay $3,980.58 in order to close. Additional Instructions: 1. The provisions of paragraph 7 ("possession"), as contained in the Addendum (First) to Real Estate Purchase and sale Agreement between the parties under date of March 1, 1995, shall specifically survive this escrow, and shall be handled personally by the parties outside of this escrow. 2. As part of this escrow, Buyer is paying the sum of $1,946.67 for the compensatinq taxes due to the Thurston county Treasurer as a result of the removal of the subject property from farm and agricultural special use classification. Buyer understands that the Assessor/Treasurer will issue a corrected tax statement for the property taxes due for the balance of 1995 (after date of closing and removal of property from special use classificatioQ), which taxes shall be paid by Buyer when due. BY SIGNING THIS DOCUMENT, EACH PARTY ACKNOWLEDGES: The closing agent has not offered any legal advice or referre4 me to any named attorney, but has clearly requested that I seek independent legal counsel if I have any doubt concerning the transaction or these instructions. I have had adequate time and opportunity to read and understand these instructions and all other documents referred to in these instructions. Buyer: Seller: JCH Development, a Washington general partnership / ': _')'J ~ ' ~"L~-,s -\6 _~ - ,,":' ';"/ k,. Joh D. Huddleston, Date 'James M. Forrester man ging partner / .'u' /.,' "~( Patricia J. Forrester ~_':'~"?A7-~ . i." ?': ~J ' "7 j)'ate . .../, 0/9~- Date Page 2 of 2 - ,$ {r TIH\NSM~[HI~A TillE lNSUHANCE \ U~,.'> 7) \ DEED OF TRUST . ], :;fJl A. f 1/. '( THIS DEED OF TRUST, made thls ,_ t day of I. , 1995, between JCH DEVELOPMENT, a Washington general partnership, GRANTOR, whose address is P.O. Box 1206, Yelm, WA 98597, and TRANSAMERICA TITLE INSURANCE COMPANY, TRUSTEE, whose address is 2625 Martin Way, Olympia, WA 98506, and JAMES M. FORRESTER and PATRICIA J. FORRESTER, husband and wife, BENEFICIARY, whose address is P.o. Box 524, Yelm, WA 98597. WITNESSETH: Grantor hereby bargains, sells and conveys to Trustee in Trust, with power of sale, the following described real p~operty in Thurston County, Washington: Parcel C of Boundary Line Adjustment No. BLA-B144 recorded May 22, 1995, under recording no. 9505220009; which real property is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This deed is for the purpose of securing performance of each agreement of Grantor herein contained, and payment of the sum of TWO HUNDRED THOUSAND AND NO/I00 Dollars ($200,000.00) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor, and all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, Grantor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon w4ich may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent all lawful taxep and assessments upon the property; to keep the property free and clear of all other charges, liens or encumbrances impairing the security of this Deed of Trust. .. t. [, ., 3. To keep all buildings now or hereafter erected on the property described herein continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the' Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. ~- II, I .:, ~~ J.I ~... n l'l;"l .'1 ' ~I n .,.. ,'Ill' I) :f, ..J, . 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including costs of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust. I,", ....J ,L ~I \D .J 1)1 '.1 ~HUp!::s iJt. C;JUrr" :~~ ';'1F 1M' ;tjh ':;'1::"'" 'I:C. "'...J. ..;. _ '_ " ~ : C" ~t ?r:: ;P:-:E':,;- :.F; I I J._ ': ;r, ': F ~-:';:'.;"" H~; fTri~ r ~ 5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred ln enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. 6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property hereinabove described, Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary, to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall ilnmediately become due and payable at the option of the Beneficiary. In such event and upon written request of Beneficiary, Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of sale as follows: ( 1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of his execution of this Deed of Trust, and such as he may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrancers for value. 6. The power of sale conferred by this Deed of trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. In the event of the death, incapacity, disability or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. I . ,_ ~ t ~ 4 1. 1:-2 F';j 9f', -;:' S -;-:" .c.; 9 51-::'1 S .:::. 1 ;.::n3 -;-" .:=: .. J'" 1M, 8. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors and assigns. The term Beneficiary shall mean the holder and owner of the note secured hereby, whether or not named as Beneficiary herein. 9. ADDITIONAL TERMS AND CONDITIONS. Addi tional terms and conditions are contained in attached Addendum "A", which is incorporated herein by this reference. JCH DEVELOPMENT, a Washington general partnership By: J h D. partner \ ~~-t~ e - managing STATE OF WASHINGTON ) ) SSe COUNTY OF 17liJ f-,>r~W ) On this 3-~)11 day of j,,;//t,/ , 1995, before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared JOHN D. HUDDLESTON, to me know to be the managing general partner of JCH DEVELOPMENT, the partnership that executed the forgoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Ci 7....{" , (Fv<~,~ "-c.l ~ .-':.7 f:r:;:.JV IfJ,-J) L I j1:~/( L~ Z- Notary Public "in ~nd for the State of Washington, residing at T?c.~C'~-<-- My commission expires :z.. ~ jll~ ("17 REQUEST FOR FULL RECONVEYANCE Do not record. To be used only when note has been paid. TO: TRUSTEE The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you thereunder. Dated , ,_'" t .2~112 ;-...~ 3'; r '? 9:~ - ~:- tl:" ~5&.35.::: 1 OC~~-~: