HomeMy WebLinkAbout000097 Original ContractTotal
After recording return to
City of Port Angeles
P O Box 1150
Port Angeles, WA 98362
Grantor/Borrower
Grantee/Beneficiary
Grantee/Trustee.
Legal Description
Clailam County, WA
Patricia Rosand, Auditor
223 E 4th STE 1__
Clallam WA 98362
Receipt: 11 -40463
L filroduct Name Extended
bTR Deed of Trust $67 00
I Pages 5, Document 2011-1265793, Document
r Info PORT ANGELES CITY OF
Tender (Check/Money Order) $67 00
Check# 5084, Paid By serenity house
Thank Youi
Mon May 09 11:21:20 POT 2011 millerk
2011- 1265
Page 1 of 5 Deed of Trust t Of
C1a11amnCountyC 05/09/2011 11 21 20 AM
■III hAVIDAIn IN I!I
$67 00
DEED OF TRUST
Serenity House of Clallam County
City of Port Aneeles. a Municipal Corporation
Olympic Peninsula Title Company
Tempest property located at 535 E. First St., Port Angeles WA 98362
Lots 17 18 BL 20 of Norman R. Smith. Property ID no. 61462-
0630005120650000. Tax area: 0010
Single Adult Shelter property located at 2311 W. 18th Street, Port Angeles
WA 98362
Tuggle SP TAP 81 -10 -6- V11 PG57 LOT A Sub Lot 102- -1.75A Survs
V48 P98 V51 P58. Parcel number: 0630991102100000
City of Port Angeles
Record #000097
This Loan Agreement "Agreement is made as of the Z- s F day of April 2011
between the City of Port Angeles (the "City and Serenity House of Clallam County, a
non profit corporation (the "Borrower
RECITALS
Loan Agreement for the
Port Angeles Housing Rehabilitation Program
A. The City of Port Angeles is a municipal corporation of the State of Washington.
B. The City is willing to lend to Borrower the Sum of SIXTY -TWO THOUSAND
AND NO /100 Dollars ($62,000.00) (the "Loan"), which total sum will be used by the
Borrower to support low income housing needs.
AGREEMENT
IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN, THE BORRWER
AND THE CITY AGREE AS FOLLOWS:
1. PURPOSE OF THE LOAN. Borrower and the City acknowledge that Borrower's
primary purpose under State law is to provide affordable housing to the community.
The City holds certain CDBG funds granted to the City for the purpose of providing
loans to private individuals for limited housing rehabilitation projects the pay -off of
which loans has accrued to the City and is held for reuse in accordance with federal
CDBG regulations; and
2. Serenity House proposes to borrow $62,000 of those funds to be used for their
Tempest Permanent Supportive Housing Project located at 535 East First Street, and
the Single Adult Shelter located at 2311 West 18 Street. These facilities serve low
income people in the City of Port Angeles. Such use is consistent with the purposes
of the CDBG grant funds and use of such funds is described in the attached Exhibit
"A and
3. This Agreement has been authorized and approved by the City Council of the City of
Port Angeles on March 15, 2011.
SECURITY.
(a) Deed of Trust. As security for all funds drawn, Borrower shall make,
execute and deliver to the City as beneficiary a Deed of Trust on the property
in the form and substance satisfactory to the City in full amount of the Loan.
(b) Title Insurance. Borrower shall, at Borrower's expense, furnish the City
with an acceptable mortgagee's GEM title insurance policy insuring the City
in the amount of sixty -two thousand dollars ($62,000.00).
4. LOAN PROCEEDS. Upon execution of the Note in favor of the City and recording
of the required security instruments and the satisfaction of any other conditions
precedent applicable to loan disbursement, the loan proceeds will be disbursed in full
to the Borrower.
5. BONUS, COMMISSION, OR FEE. The borrower agrees that no Member of
Serenity House of Clallam County, nor employee shall be admitted to any share or
part of the proceeds of the Loan, or to any benefit to arise from the same.
6. INTEREST OF CITY PERSONNEL. No member of the City who exercises any
functions or responsibilities in connection with the administration of any of this
program, and no other officer or employee of the City who exercises such functions
or responsibilities shall have any interest, direct or indirect, in the proceeds of the
Loan.
7. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the City
of Port Angeles City Council and no other public official of the City of Port Angeles
who exercises any functions or responsibilities in connection with the administration
of the Loan shall have any interest, direct or indirect, in the proceeds of the Loan.
8. LOAN DOCUMENTS; FEES. The Borrower shall execute at or prior to closing
such closing documents, in form and content satisfactory to the City, as the City shall
require, including, but not limited to, a Secured Promissory Note, a Deed of Trust,
and this Agreement. The Borrower shall promptly pay, upon demand of the City, all
of the City's costs in connection with the closing of the Loan, including, without
limitation, its title insurance costs, recording fees, escrow fees, loan fees and other
expenses associated with the loan.
9. CANCELLATION OF COMMITMENT; ACCELERATION.
(a) At its option, the City reserves the right to cancel the Loan and terminate its
obligation hereunder and under any other Loan Documents evidencing the
Loan, if, for a period of five (5) years from the date of execution of the Note,
the Borrower shall have failed or refused to facilitate the improvements on the
property outlined in Exhibit "A The City shall exercise this cancellation by
sending written notice thereof to the Borrower at the mailing addresses set
forth below.
(b) The entire principal of the Note, and any other amounts secured by the Deed
of Trust, shall become due and payable, at the option of the City, upon the
Borrower's breach of, or failure to comply with, any covenant, agreement,
term or condition contained in this Agreement or any of the Loan Documents
or upon the occurrence of any of the following:
(1) Failure to pay when due any sum owing hereunder, under
Borrower's secured Promissory Note, or under any of the other
Loan Documents;
(2) Any sale or conveyance of the property without the City's
prior approval;
10. LIMIT OF LIABILITY. All liability and obligation to the City arising pursuant to
this Loan Agreement and any payment to be made by the City pursuant to this
Agreement shall be satisfied exclusively and solely from City Housing Rehabilitation
Funds made available for such purpose, and no creditor or other person or entity of
whatever nature shall have any recourse to the assets, credits, or services of the City
by reason of any liability or obligation arising out of this Agreement, and neither this
Agreement nor any note, loan or other documents hereunder shall constitute a debt or
indebtedness of the County within the meaning of any constitutional, statutory, local
or charter provision.
11. NOTICES AND DEMANDS. Any notice or demand which either party hereto is
required or desires to give to or make upon the other shall be in writing and shall be
delivered or made by United States registered or certified mail, return receipt
requested, postage prepaid, addressed in the case of the City to:
CDBG Responsible Official
City of Port Angeles
P.O. Box 1150
Port Angeles, WA 98362
And addressed in the case of the Borrower to:
President of the Board
Serenity House of Clallam County
P.O. Box 4047
Port Angeles, WA 98362
Subject to the right of any such party to designate a different address by notice
similarly given. Any notice or demand so sent shall be deemed to have been given or
made when delivered as evidenced by the return receipt.
12. SUCCESSORS AND ASSIGNS. The terms of this Agreement shall be binding
upon the parties hereto, their respective successors and assigns; it being agreed,
however that the Borrower shall not assign or transfer any of its rights, duties,
benefits, obligations, liabilities or responsibilities under this Agreement without the
express written consent of the City.
IN WITNESS WHEREOF, the parties hereto have executed this document as of the day
and year first above written.
LENDER:
City of Port Angeles
Signature
BORROWER:
Nathan West
City of Port Angeles
CDBG Responsible Official
Serenity House of Clallam County
Signature A- /1v�
Name (Print) fr, /QyE_
President of the Board
Serenity House 2011 Reauest for City of Port Angeles CDBG Program Funding:
Total Requested: 562.000
Serenity House requests $50,000 Tempest facilities improvements and repairs at the site (535 E. First,
Parcel No. 0630005120650000.) This location provides permanent supportive housing, is the site for a
future evening meals program through a community -based coalition, and also houses the Dream Center
drop in center for homeless youth and the very busy Housing Resource Center. All in all, more than 1,000
households each year receive housing and shelter assistance at the Tempest complex.
Since we purchased this vintage complex in 2006, we have rehabbed and brought up to code about
90% of the complex. The exterior facade work has dramatically improved the appearance of the building,
located on the busiest street in the city.
Additional work scheduled to be performed with CDBG funding:
Dream Center roof replacement $11,100
Tempest Roof and Gutter Repairs over southwest quadrant of building $12,000
Dining room ceiling replacement $14,800
Housing Resource Center and Dining Room Floor replacement $6,000
Hallway Floor upgrades in Tempest Permanent Supportive Housing $3,000
Testing and updating fire suppression in commercial kitchen $3,100
The Single Adult Shelter, constructed in 2003, is a large and modern facility, in generally good repair
(2311 West 18 St, Parcel No. 0630991102100000.) However, as an emergency shelter, there is no direct
source of revenue for capital repair and replacement items. In fact, two years ago, funding from the state
for these kinds of publically- funded special needs housing was eliminated. The following items (estimated
at $12,000) greatly contribute to the long -term sustainability of this 10,000 sq. foot project:
HVAC energy upgrades, including programmed thermostats $5,400
Oil fired boiler replacement $4,600
Repair and update men's restroom floors $2,000
EXHIBIT "A"
THIS DEED OF TRUST is made this Z 1 Sr day of A- r
20 1 I among the Grantor, the Serenity House of Clallam County, a non profit corpo ation (herein "Borrower
(herein "Trustee and the Beneficiary, the City of Port Angeles,
a municipal corporation (herein "Lender
BORROWER, consideration of the indebtedness herein recited and the trust herein created, irrevocably
grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County of
Clallam, State of Washington.
which has the addresses of 535 E First Street. and 2311 West 18 Street Port Angeles. Washington 98363 (herein
"Property Addresses
TOGETHER with all the improvements now or hereafter erected on the property, and all easements, rights,
appurtenances and rents (subject however to the rights and authorities given herein to Lender to collect and apply such
rents), all of which shall be deemed to be and remain a part of the property covered by this Deed of Trust, and all of the
foregoing, together with said property (or the leasehold estate if this Deed of Trust is on a leasehold) are hereinafter
referred to as the "Property",
TO SECURE to Lender the repayment of the indebtedness evidenced by Borrower's note dated
1 2-611 and extensions and renewals thereof (herein "Note in the principal sum of U S. sixty -two
thoLfsand dollars' ($62,000), with interest thereon, with the indebtedness, if not sooner paid, due and payable on
r! 1 2 1 20 it (the "Maturity Date" as defined in the Note), the payment of all other sums, with interest
th6reon, advanced in accordance herewith to protect the security of this Deed of Trust; and the performance of the
covenants and agreements of Borrower herein contained.
Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant
and convey the Property, and that the Property is unencumbered except for encumbrances of record Borrower
covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands,
subject to encumbrances of record.
SEE EXHIBIT "A"
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows.
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and
interest indebtedness evidenced by the Note and late charges as provided in the Note.
2. (Paragraph 2 intentionally deleted).
DEED OF TRUST
3. Application of Payments. Unless applicable law provides otherwise, all payments received by
Lender under the Note hereof shall be applied by Lender to Interest payable on the Note, and then to the principal of the
Note.
4. Prior Mortgages and Deeds of Trust; Charges; Liens. Borrower shall perform all of Borrower's
obligations under any mortgage, deed of trust or other security agreement with a lien which has priority over this Deed
of Trust, including Borrower's covenants to make payments when due. Borrower shall pay or cause to be paid all taxes,
assessments and other charges, fines and impositions attributable to the Property which may attain a priority over this
Deed of Trust, and leasehold payments or ground rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage and such other hazards
as Lender may require and in such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lender,
provided, that such approval shall not be unreasonably withheld All insurance policies and renewals thereof shall be in
a form acceptable to Lender and shall include a standard mortgage clause in favor of and in a form acceptable to
Lender. Lender shall have the right to hold the policies and renewals thereof, subject to the terms of any mortgage,
deed of trust or other security agreement with a lien which has priority over this Deed of Trust
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower.
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days from the
date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for Insurance benefits,
Lender is authorized to collect and apply the insurance proceeds at Lender's option either to restoration or repair of the
Property or to the sums secured by this Deed of Trust.
6. Preservation and Maintenance of Property Borrower shall keep, or shall cause Lessee to keep,
the property in good repair and shall not permit impairment or deterioration of the Property
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements
contained in this Deed of Trust, or if any action or proceeding is commenced which materially affects Lender's interest
in the Property, then Lender, at Lender's option, upon notice to Borrower, may make such appearances, disburse such
sums, including reasonable attorney's fees, and take such action as is necessary to protect Lender's interest If Lender
required mortgage insurance as a condition of making the loan secured by this Deed of Trust, Borrower shall pay the
premiums required to maintain such insurance in effect until such time as the requirement for such insurance terminates
in accordance with Borrower's and Lender's written agreement or applicable law
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note rate, shall
become additional indebtedness of Borrower secured by this Deed of Trust Unless Borrower and Lender agree to
other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment
thereof Nothing contained in this paragraph 7 shall require Lender to incur any expense or take any action hereunder
8. Inspection. Lender may make or cause to be made reasonable entries upon and inspections of the
Property, provided that Lender shall give Borrower notice prior to any such inspection specifying reasonable cause
therefore related to Lender's interest in the Property
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of
condemnation, are hereby assigned and shall be paid to Lender, subject to the terms of any mortgage, deed of trust or
other security agreement with a lien which has priority over this Deed of Trust
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Deed of Trust granted by Lender to any successor
in interest of Borrower shall not operate to release, in any manner, the liability of the original Borrower and Borrower's
successors in interest. Lender shall not be required to commence proceedings against such successor or refuse to
extend time for payment or otherwise modify amortization of the sums secured by this Deed of Trust by reason of any
demand made by the original Borrower and Borrower's successors in interest Any forbearance by Lender in exercising
any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the
exercise of any such right or remedy.
11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and
agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors and assigns of
Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and agreements of Borrower
shall be point and several Any Borrower who co -signs this Deed of Trust, but does not execute the Note, (a) is co-
signing this Deed of Trust only to grant and convey that Borrower's interest in the Property of Trustee under the terms
of this Deed of Trust, (b) is not personally liable on the Note or under this Deed of Trust, and (c) agrees that Lender and
any other Borrower hereunder may agree to extend, modify, forbear, or make any other accommodations with regard to
the terms of this Deed of Trust or the Note, without that Borrower's consent and without releasing that Borrower or
modifying this Deed of Trust as to that Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a) any
notice to Borrower provided for in this Deed of Trust shall be given by delivering it or by mailing such notice by
certified mall addressed to Borrower at the Property Address or at such other address as Borrower may designate by
notice to Lender as provided herein, and (b) any notice to Lender shall be given by certified mail to Lender's address
stated herein or to such other address as Lender may designate by notice to Borrower as provided herein. Any notice
provided for in this Deed of Trust shall be deemed to have been given to Borrower or Lender when given in the manner
designated herein
13. Governing Law; Severability. The state and local laws applicable to this Deed of Trust shall be
the laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the applicability of
Federal law to this Deed of Trust. In the event that any provision or clause of this Deed of Trust or the Note conflicts
with applicable law, such conflict shall not affect other provisions of this Deed of Trust or the Note which can be given
effect without the conflicting provision, and to this end the provisions of this Deed of Trust and the Note are declared to
be severable As used herein, "costs "expenses" and "attorneys' fees" include all sums to the extent not prohibited by
applicable law or limited herein
14. Borrower's Copy. Borrower shall be furnished a conformed copy of the Note and of this Deed of
Trust at the time of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any
home rehabilitation, improvement, repair, or other loan agreement which Borrower enters into with Lender. Lender, at
Lender's option, may require Borrower to execute and deliver to Lender, in a form acceptable to Lender, an assignment
of any rights, claims or defense's which Borrower may have against parties who supply labor, materials or services in
connection with improvements made to the Property.
16. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property
or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is
not a natural person), Lender may, at its option, require immediate payment in full of all sums secured by this Deed of
Trust However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of
this Deed of Trust, or if Lender has executed a separate written waiver of this option
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a
period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums
secured by this Deed of Trust. If Borrower fails to pay these sums prior to the expiration of this period, Lender may
invoke any remedies permitted by this Deed of Trust without further notice or demand on Borrower.
NON UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows
17. Acceleration; Remedies. Except as provided in paragraph 16 hereof, upon Borrower's breach of
any covenant or agreement of Borrower in this Deed of Trust, including the covenants to pay when due any sums
secured by this Deed of Trust, Borrower shall be in default under this Deed of Trust and Lender may accelerate the
Note and exercise any of its rights and remedies hereunder or available at law Lender, prior to acceleration, shall give
notice to Borrower as provided in paragraph 12 hereof specifying. (1) the breach, (2) the action required to cure such
breach; (3) a date, not less than 10 days from the date of notice is mailed to Borrower, by which such breach must be
cured, and (4) that failure to cure such breach on or before the date specified in the notice may result in acceleration of
the sums secured by this Deed of Trust and sale of the Property. Lender shall be entitled to collect all reasonable costs
and expenses incurred in pursuing the remedies provided in this paragraph 17, including, but not limited to, reasonable
attorney's fees and costs of evidence of title.
If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the
occurrence of an event of default and Lender's election to cause the Property to be sold Trustee and Lender shall take
such action regarding notice of sale and shall give such notices to Borrower and to other persons as applicable law may
require. After the lapse of such time as may be required by applicable law, Trustee, without demand on Borrower, shall
sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the
notice of sale in one or more parcels and in such order as Trustee may determine Trustee may postpone sale of all or
any parcel of the Property by public announcement at the time and place of any previously scheduled sale Lender or
Lender's designee may purchase the Property at any sale
Trustee shall deliver to the purchaser Trustee's deed conveying the Property so sold without any covenant or
warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facio evidence of the truth of the
statements made therein Trustee shall apply the proceeds of the sale in the following order (a) to all reasonable costs
and expenses of the
sale, including, but not limited to, reasonable Trustee's and attorneys' fees and costs of title evidence; (b) to all sums
secured by this Deed of Trust; and (c) the excess, if any, to the person or persons legally entitled thereto.
18. Insufficient Sale Proceeds. In the event of a sale of the Property at fair market value, and if such
sale does not result in sufficient proceeds to satisfy the Note, Beneficiary will nevertheless request reconveyance of this
Deed of Trust at the closing of such sale, provided that Beneficiary receives all proceeds available after satisfaction of
the prior deed of trust and payment of customary sale and closing costs. In such event, no sale proceeds shall be paid to
Grantor (i e., Grantor will not receive any cash from the sale). "Fair market value" as used in this paragraph shall mean
the price received by Grantor in an arm's length sale to a third party after listing the property for sale with a multiple
listing service or otherwise publicly advertising the 'Property. Fair market value shall not be less than the value
established by the purchaser's appraisal of the Property or any appraisal obtained by Beneficiary at its option for the
purposes of establishing fair market value under this paragraph.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. Borrower hereby
assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceleration under paragraph 17
hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable.
Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by agent or
by judicially appointed receiver shall be entitled to enter upon, take possession of and manage the Property and to
collect the rents of the Property including those past due All rents collected by Lender or the receiver shall be applied
first to premiums on receiver's bonds, costs of management of the Property, collection of rents, and reasonable
attorneys' fees, and then to the sums secured by this Deed of Trust. Lender and the receiver shall be liable to account
only for those rents actually received.
20. Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request
Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured
by this Deed of Trust to Trustee Trustee shall reconvey the Property without warranty and without charge to the
person or persons legally entitled thereto Such person or persons shall pay all costs of recordation, if any.
21. Substitute Trustee. In accordance with applicable law, Lender, may from time to time appoint a
successor trustee to any Trustee appointed hereunder The successor trustee shall, without conveyance of the Property,
succeed to all the title, powers and duties conferred upon the Trustee herein and by applicable law.
22. Request for Notices. Borrower requests that copies of the notice of default and notice of sale be
sent to Borrower's address which is the Property Address Lender requests that copies of notices of sale from the
holder of any lien which has priority over this Deed of Trust given pursuant to RCW 61 24 040 be sent to Lender's
address, as set forth on page one of this Deed of Trust
23. Use of Property. The Property is not used principally for agricultural or farming purposes.
24. Misrepresentations. Upon discovery of fraud or misrepresentation by the Borrower with respect
to any information provided by Borrower in the loan application executed in connection with the Note, Lender may, in
its sole discretion, by written notice to Borrower, declare all obligations secured by the Deed of Trust and all
obligations payable under the Note immediately due and payable and exercise any other remedy allowed by law or
provided by the Deed of Trust. Borrower shall notify Lender promptly in writing of any transaction or event which
may give rise to a right of acceleration hereunder. Borrower shall pay to Lender all damages sustained by reason of the
breach of the covenant of notice set forth herein or by reason of such fraud or misrepresentation.
Dated
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust.
STATE OF WASHINGTON)
SS.
County of Callam
On this e4,1 day of a Q 20 lttefore me, the undersigned, a,Notary Public in and for,
the State of Washington, duly commissioned and sworn, personally appeared $haul ('t B/0 re reS
of Serenity House of Clallam County, to me known to be the individual described in i fd who
executed the within and foregoing instrument, and acknowledged to me that he /she signed and sealed the said
instrument as his /her free and voluntary act and deed for the uses and purposes therein mentioned.
WITNESS my hand and official seal Signature
Borrower
Borrower
(Reserved for official seal) �lcv �c c- Q (1.).
�y,\c A; Name (Typed or Printed)
O:A4► f t Residing at AC) l� ?oc k P`tl -�.S
My Commission expires: v a O
#4, rON REQUEST FOR RECONVEYANCE
TO f lVJ TEE:
The undersigned is the holder of the note or notes secured by this Deed of Trust. Said note or notes, together
with all other indebtedness secured by this Deed of Trust, have been paid in full You are hereby directed to cancel
said note or notes and this Deed of Trust, which are delivered hereby, and to reconvey, without warranty, all the estate
now held by you under this Deed of Trust to the person or persons legally entitled thereto.
CERTIFICATION
Serenity House has applied to the City for a loan for low income housing purposes, and the
funds for that loan would be taken from CDBG proceeds held by the City. Serenity House and the
City acknowledge that they must comply with CDBG rules with regard to the use of those funds.
Among other things, the CDBG rules contain specific prohibitions against direct or indirect
conflicts of interest. These include the following:
INTEREST OF CITY PERSONNEL. No member of the City who exercises
any functions or responsibilities in connection with the administration of any of this
program, and no other officer or employee of the City who exercises such functions
or responsibilities shall have any interest, direct or indirect, in the proceeds of the
Loan.
INTEREST OF OTHER LOCAL PUBLIC OFFICIALS. No member of the
City of Port Angeles City Council and no other public official of the City of Port
Angeles who exercises any functions or responsibilities in connection with the
administration of the Loan shall have any interest, direct or indirect, in the proceeds
of the Loan.
Serenity House and the City acknowledge that Brad Collins is a Port Angeles City Council
Member and also is an employee and Deputy Director Capital Projects of Serenity House.
Recognizing the foregoing facts, Serenity House of Clallam County and Brad Collins
1. acknowledges the provisions of the Loan Agreement that prohibit conflicts of interest; and
2. declares that Brad Collins has not, and will not, exercise any functions or responsibilities in
connection with the administration of the Loan, and he shall not have any interest, direct or
indirect, in the proceeds of the Loan; and
3. declares that there is and will be no conflict of interest prohibited by the CDBG rules.
DATED this I' day of Alar i 1 2011.
Serenity House of Clallam County Brad Collins
signature NAY? g Signature t
Name Executive Director
PROMISSORY NOTE
Port Angeles Rehabilitation Loan Program
/zi/zo/f
Amount: $62,000.00 Date:
I
FOR VALUE RECEIVED, Serenity House of Clallam County, a non profit
corporation created (herein called the BORROWER) jointly and severally promise(s) to
pay to the order of THE CITY OF PORT ANGELES (herein called the LENDER), the
sum of sixty -two thousand ($62,000) on the unpaid balance of this Note. Interest shall
accrue from the date hereof at the rate of zero percent (0 per annum.
Principal on this Note is payable in lawful money of the United States and the principal
office of the City of Port Angeles, Washington, or at such other place as shall be
designated by the LENDER in writing. All indebtedness shall be due and payable upon
sale or transfer of any interest of the undersigned in and to the real property, or any
portion thereof, which has been conveyed in trust as security for the repayment of this
Promissory Note, or upon the dissolution of the undersigned organization, whichever
shall occur first. On or before Apr•; I Zi 2016, the Borrower shall pay to the
Lender 100% of the balance of the Loan and all accrued interest unless LENDER, in
writing, agrees to extend this note.
The Borrower reserves the right to prepay at any time all or any part of the principal
amount due under this Note without payment of penalties or premiums. All payments
received on amounts due under this note shall be applied to the principal due on the Note.
If the interest on, and principal due on, this Note are not paid in full by i r:1 2 1
2016, the Borrowing shall pay to the Lender a penalty of 1/2% on the amourlt past due
and remaining unpaid, per calendar month, or fraction thereof.
Upon recording the Deed of Trust referenced hereunder, this Note shall be nonrecourse to
the Borrower; provided that the Borrower shall be personally liable on a joint and several
basis, in the amount of any loss, damage or cost (including but not limited to attorney's
fees) resulting from fraud or intentional misrepresentation by Borrower or Borrower's
agents or employees in connection with obtaining the loan evidenced by this Note, or in
complying with any of the Borrower's obligations under the documents executed in
connection with the Loan (the "Loan Documents
This Note is secured by a Deed of Trust dated as of fit 4 r I Z I 20 to
be duly filed for record in the office of the Clallam County Auditor, Clallam County
Courthouse, Port Angeles, Washington.
If suit is instituted by the Lender to recover on this Note, or any portion thereof,
Borrower agrees to pay all costs of such collection, including reasonable attorney's fees
and court costs, and the Borrower further agrees that venue and jurisdiction may be in
Clallam County, Washington, at the Lender's option. If this Note is reduced to judgment,
such judgment shall bear the statutory interest rate on judgments.
Demand, protest and notice of demand and protest are hereby waived, and the
undersigned hereby waives, to the extent authorized by law, any and all homestead and
other exemption rights, which would otherwise apply to the debt evidenced by this Note.
Any notice to the Borrower provided for in this Note shall be in writing and be given by
mailing such notice by certified mail, return receipt requested, addressed to Borrower at
the property address stated below, or to such other address as Borrower may designate by
Notice in writing to the Lender. Any notice to the Lender shall be given by mailing such
notice by certified mail, return receipt requested, to the Lender at the address stated
below.
IN WITNESS WHEREOF, this Note has been duly executed by the undersigned as of
its date.
LENDER:
City of Port An ele
C
Signature Z-
Nathan West
City of Port Angeles
CDBG Responsible Official
BORROWER:
Serenity House of Clallam County
Signature 4fr///,'AP, &Lee_
Name (Print) ay/1p N/a,r'
President of the Board
1 (m WA-5 (617G)
e Cbmmltmeut UACC f'iq'
COMMITMENT FOR TITLE INSURANCE
ISSUED BY
First American Title Insurance Company
FIRST AMERICAN TITLE INSURANCE COMPANY. herein called the Company. for valuable consideration,
hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed
Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or
referred to in Schedule A. upon payment of the premiums and charges therefor; all subject to the provisions of Schedules
A and B and to the Conditions and Stipulations hereof-
This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy
or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance
of this Commitment or by subsequent indorsement_
ThisCommitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obli-
gations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or policies
committed itted for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault
of the Company_ This Commitment shall not be valid or binding until countersigned by an authorized officer or agent_
IN WITNESS WHEREOF, the Company has caused this Commitment to be signed and sealed, to become valid when
countersigned by an authorized officer or agent of the Company, all in accordance with its By -Laws_ This Commitment
is effective as of the date shown in Schedule A as Effective Date
‘x -it I it
a
SEPT MIKII 4. I
1961 I
4
C4 1lf
First American Title Insurance Company
tREstoEt4E
Al itST /14/401- SECRETARY
'Commitment No 110218
Commitment No.: 110218
Reference No. 3124
Effective Date of Commitment: October 20, 2010 at 8:00 A.M.
Prepared For:
Advantage Escrow Company
Claudette Mingori
802 E. First Street
Port Angeles, WA 98362
Inquiries Should be Directed to: Clallam Title Company
Researched By: Tracey Moore
Your title officer for this transaction is Tracey Moore. If you have any questions concerning this title
commitment, please do not hesitate to 11 me at (3 457 -2000 or e-mail tracey@clallamtitle.com
By 4► C �I�
Tracey Moore, Titl Officer
1. Policy or Policies to be issued:
CLALLAM TITLE COMPANY
204 South Lincoln
Port Angeles, WA 98362
SCHEDULE A
(a) ALTA 2006 Loan Policy Extended Re -Org Rate
Amount 160,000.00
Premium 335.00
Proposed Insured: Tax 28.14
Sound Community Bank
Page 1 of 6
2. The estate or interest in the land described or referred to in this Commitment and covered herein is
Fee Simple.
3. Title to said estate or interest in said land is at the effective date hereof vested in:
Serenity House of Clallam County, a Washington non profit corporation
Commitment No 110218 Page 2 of 6
4. The land referred to in this Commitment is located in the County of Clallam, State of WA, and
described as follows:
Lots 17 and 18, Block 20, Norman R Smith's Subdivision of The Townsite of Port Angeles, Clallam
County, Washington, according to the Plat thereof recorded in Volume "K" of Deeds, page 1.
Situate in the County of Clallam, State of Washington.
Commitment No 110218 Page 3 of 6
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. Taxes or assessments which are not shown as existing liens by the records of any taxing authority
that levies taxes or assessments on real property or by the public records
B Any facts, rights, interests, or claims which are not shown by the public records but which could
be ascertained by an inspection of said land or by making inquiry or persons in possession
thereof.
C Easements, claims of easement or encumbrances which are not shown by the public records
D Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts
which a correct survey would disclose, and which are not shown by public record.
E. (A) Unpatented mining claims; (B) reservations or exceptions in patents or in acts authorizing the
issuance thereof; (C) water rights, claims or title to water; Whether or not the matters excepted
under (A), (B), or (C) are shown by the public records, (D) Indian tribal codes or regulations,
Indian Treaty or Aboriginal Rights, including easements or equitable servitudes.
F. Any lien, or right to a lien, for services, Labor or Material therefore or hereafter furnished,
imposed by law and not shown by the public records. Any lien, or right to lien, for services, labor
materials or medical assistance theretofore or hereafter furnished, imposed by law and not shown
by the public records.
G. Any service installation, connection, maintenance, construction, tap or reimbursement
charges /costs for sewer, water, garbage or electricity.
H. 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 of record for value the estate or interest or mortgages thereon covered
by this Commitment.
Special Exceptions:
1. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any,
after delinquency:
TAX ACCOUNT NO. YEAR AMOUNT BILLED AMOUNT PAID
063000 512065
SCHEDULE B
2010 $950.23 $475.10
2. Declaration of Restrictive Covenants imposed by instrument recorded on June 1, 2006, under
Recording No. 2006 1181464.
Commitment No 110218 Page 4 of 6
3. Deed of Trust and the terms and conditions thereof:
Grantor:
Trustee:
Beneficiary:
Amount:
Dated:
Recorded:
Recording No.:
Serenity House of Clallam County, a Washington Nonprofit
Olympic Peninsula Title Company, a Corporation
John P. Reed and J. Karen Reed, husband and wife
$160,000.00
May 25, 2006
June I, 2006
2006 1181463
4. Evidence of the authority of the officers of Serenity House of Clallam County, a Washington Non
Profit corporation, to execute the forthcoming instrument. Copies of the current articles of
incorporation, by -laws and certified copies of appropriate resolutions should be submitted prior to
closing.
5. It should be noted that in the case of a sale or mortgage of all or substantially all of the property
and assets of a corporation, regardless of the requirements of the organizations involved, the
Washington Non profit Corporation Act (RCW 24.03.215) required a special procedure If there
are no members having voting rights, the act requires a sale or mortgage to be authorized by
majority vote of the directors. If there are members having voting rights, the act requires the
following:
a. That the board of directors adopt a resolution recommending the sale or mortgage and directing
that it be put to a vote of the membership;
b. That written notice of the meeting stating one of the purposes is to secure approval of the
transaction to be given to each member, in accordance with the articles and by -laws, but in no case
to be delivered less than 10 nor more than 50 days before the meeting;
c. That authorization at such meeting requires a two- thirds vote of the membership present; and
d. That after such meeting the board of directors approve such transaction by appropriate resolution.
Commitment No 110218 Page 5 of6
6. Matters regarding extended coverage for the mortgagee's policy which are dependent upon
inspection for determination of insurability. The results of our inspection will be furnished by
supplemental report.
Notes:
Address of Property: 535 East First St
Port Angeles, WA 98362
(Due to potential lien rights as result of labor and /or materials used, or to be used for
improvements to the premises, an indemnity agreement to be completed by the
seller /buyer /borrower(s) is being sent to Advantage Escrow and must be submitted to us prior to
closing for our review and approval
In addition the company may require the following:
From the Owner:
•Financial statements
From the Contractor:
•Financial statements
-Lien Waivers
•Loan documents (loan agreement, note and deed of trust) with disbursement budget
Construction contract with cost breakdown
Upon examination further information may be required or requested to clear matters created by the
construction /improvement of the property
End of Special Exceptions
1. The legal description in this commitment is based on information provided with the application
and the public records as defined in the policy to issue. The parties to the forthcoming transaction
must notify the title insurance company prior to closing if the description does not conform to
their expectations.
2. Abbreviated Legal Description:
Lts 17 18, Blk 20, NR Smith's Subd.
3. Attached herewith is First American Title's form of Owner /Seller Affidavit. This form must be
completed and signed before a notary public and returned to Clallam Title Company. Please do so
as soon as possible so as not to cause any delay in closing of your transaction.
4. As of the date hereof there are no matters against Serenity House of Clallam County, which
would appear as exceptions in the policy to issue, except as shown herein.
CC: Sound Community Bank, Wes Ochs
Commitment No 110218 Page 6 of 6
Schedule C
The following are the requirements to be complied with:
1. Instruments necessary to create the estate or interest or mortgage to be insured must be properly
executed, delivered and duly filed for record.
2. Investigation should be made to determine if there are any service, installation, maintenance or
construction charges for sewer, water or electricity.
3. In the event this transaction fails to close, a cancellation fee will be charged for services rendered
in accordance with our rate schedule.
Retina Address
Name f )Ivtaiptc PeninsWa Title Cc
Address
City. State Zip
4.
01083062ds
h
2006 1181464
Document Titte(s) (or transactions contained therein)
1. DECLARATION OF RESTRICTIVE COVENANTS
2
3
Reference Number(s) of Documents assigned or released:
(on page of documenls(s))
Graator(s) (Last name first, then first name and initials
i SERINITY HOUSE OF CLALLAM COUNTY
2.
3
4,
5. Additional names on page
Assessor's Property Tax ParecllAccount Number
063000 512065
Additional legal is on page
Form 7265 -2
of doctunent.
of document
Graatee(s) (Last name Asst, then first name and initials)
1 UNITED STATES DEPT OF HOUSING AND URBAN DEVELOPMENT
2.
3.
4.
5. Additional names on page of docomenL
Legal description (abbreviated. i e lot, block plat or section, township, range)
LTS 17.18, BLK 20 NORMAN R 5M1THS SUBD. OF WA, VOL K PG 1 OF DEEDS
Additional legal is on page of document
WASISTMCTON STATE COUNTY At DITORIRECORDEWS
INUBCuNG PORM (Cover Shee4)
h
)i.Y7J+Pl1; r'EMi SULA TITLE CO
20E6 JUN I Phi 3 59
IBM
The Auditor/Recorder will rely on the information provided an the form. The staff will not read the
document 14 verify the accuracy or completeness of the indexing information provided herein.
DECLARATION OF RF.S I RICTIVE CON F N. N CS
II IIS DECLARA PION OF R FSTRIC I 1 VE COVENF'J,\ IS (7zcl.rrrtion) dated
as of z� 1 2006, by Serenity House of C'lalfar. C (Rei.apient its
successor's and assigns, is gisen to the L intzd Stites Depart scot of leasing any Urban
Developrncnt (I IUD)
REC l7 &LS
KLAS. the Reupir.nt submitted an applicaticnt or i `uaperise Housing
I'rogran' Grant to 1 IUD iii 2005, and was awaidcd said Urari by Hl in the amount of
5356 963 and
WHEREAS, the Recipient entered into a Supportive Housing Program Grant
Agre ment (the 'Agreement with HOD for Project Nunibei V, dated as of
/nit 2 006, and
W'IILREAS. pursuant to the agreement, the Recipient c obligated to acquiic,
rehabilitate and operate a supportive housing project on proNrt ce•._cried tit the Exhibit
A hereto (the "Property"), whit-it is to be maintained and operated as supportive housing
as defined by the Agreement, and
WHERFAS, the McKinney -lento Homeless Assistance Act. 42 1'SC Section
11381 et seq ('AC 1 imposes use and repayment requtremelns on proiects receiving
acquisition, rehabilitation and ricw construction fu and
WHEREAS. the Recipient is required by the Agreement to cause to he executed
an instrument in recordable four which obligates the Recipient its successors and
assigns. to operate and maintain the supportive housing in aceordattec with the
Agreement the ACT, and I IUD regulations as provided for in the Agreement, and
WHEREAS, the Recipient under this Declaration intends, cectares arid covenants
that the restrictive covenants Set forth herein shalt be and a -e cov enants running with the
Property for the term desc.nbed herein, are binding upon all subsequent owners of the
Property for such term, and are not merely personal covenants at the Recipient.
NOW. THEREFORE, in consideration of the promises and c&i cnants hereinafter
set forth and of other valuable consideration- the rccetpt and saflic1,rncs of which is
hereby acknowledged, the Recipient declares as follows
I. fhe Recipient, its successors or assigns. shall operate the supportive housing
and provide supportive services throughout a period of twenty (21) years cornmeneing
front the date of initial occupancy or the provision of initial services, lit accordance St ith
the terms of the Agreement, the ACT, F1t:D regulations, and all ,'pplictblc federal, state
and local laws.
2. If, pursuant to a reques: from the Recipient, HUD determines that the project is
no longer needed for use as supportive housing, f IUD may authorize the Recipient, its
successors or assigns, to convert the use of the project for direct benefit of low income
persons. Upon expiration of the period during winch the Recipient is obligated to operate
the Property in accordance with the Agreement. :his Declaration shall terminate and shall
no longer be effective.
3 The Recipient agrees that if the project ceases to be eled as supportive
housing within ten (10) years after the project is placed in service, the Recipient, its
successors or assigns, shall he obligated to repay HUD one hundred percent (100 of
any assistance received for acquisition. ichabrhta :iort and new construction under the
Agreement if such project is used as supporttvc housing for more than ten (10) ,ears,
HUD sha'i reduce the percentage of the a n,iunt rec.uired to be repaid by ten (10)
percentage points for each year ,n excess of ten (10) that the projeet s used as supportive
housing
4 f IUU, acting by and through a duly authorized official, may approve sash
action as may be necessary to allow the transfer, conveyance, assuerenent. leasing,
mortgaging, or en..umbenng oldie Property or the accomplish tote acts described above
5. t his Declaration and the covenants set forth herein regulating and restricting
the use and occupancy of the Property (i) shall he anJ are covenants running with the
Property, encumbering the Property for the term of this Declaration, tad binding upon the
Recipient's successors in title and all subsequent owners of the Pniperty, (u) are not
merely personal covenants of the Recipient, and (iii) shall bind the Recipient and its
respective successors and assigns during the term of this Declaration
6. Any and all requirements of the laws of use ',tale to be satisfied in order for the
provisions of this Declaration to cons :itute deed restrictions and covenants running with
the land shall be deemed to be satisfied in full, and that any requirement, or privileges or
estate are intended to be satistiec. or in the alternate. that an cqu• table servitude has been
created to insure that these restricuiins run with the land I tit the term of this
Declaration, each and ever) contra deed, or other instrument hereafter executed
conveying the Property or portion thereof shall expressly pros tele that such eons eyance is
subject to this Declaration, provided, however, that the covenants contained herein shell
survive and be eflecn"e rega :dlcss of whether such contract, deed or other instrument
hereafter executed conveying the Property or portion thereof provides that such
conveyance is subject to this Declaration
7 The invalidity of any clause, pa -t or prov :sion of this Declaration shall not
affect the salidity of the remaining portions thereof
IN WITNESS WI ILRLUF, the Recipient has caused this Agreement to be signed
by its duly authorized representatives as of the day and year first above written
Ci KAY
htt11N W.•
RECIPIENT
SERENITY HOUSE OF CL %LEA \1 COUNTY
K kTil1}VAH'O
ITS Exec ti D]Rr
STATE OF WASHINGTON
as.
COUNTY OF CLALLAM
On this day of May, 2006, before me personaily appeared KATHY
WAHTO, to me lmoviin to be the Executive Director of SERENITY HOUSE OF CLALLAM
COUNTY, a person authorized to execute the within and foregoing instrument on behalf of
said organization for the uses and purposes therein mentioned
Given under my hand and official seal, this .3 day of May, 2006.
I h
T 'L• l trII F(, Y
Public in and f o r d e iate of
Washington residing at Pon Angeles,
My Commission expires April 29, 2010
EXHIBIT A
TO
DECLAR-\ HON OF RESTRICTIVE. CO1'ENAN rs
LEGAL DESCRIPTION
LOTS 17 AND 18, BLOCK 20, NORMAN R SMITH'S SU3E•IV'SION or IH:
TOWNSITE OF PORT ANGELES, CI.ALLAM COUNT', WASHINGTON,
ACCORDING TO THE PLAT TIERLOI RECORDED N \'O. tiME "K" OF DLEDS,
PAGF 1, RECORDS OF CLALLAM COUNTY.
SITU4TE IN CLALLAM COJNTY, WASHING PON
Tax PARCEL No 063000- 5120b5
col
OLYMPIC PENINSULA
TITLE COMPANY
319 -A So Peabody
Port Angeles, WA 99262
File Number 01083082ds
Legal Description I8net)
17 18 BR 20 :J. R SMITH SOHO
TaxPwr.efd 063000 5120E5
I,
LL LL
2006 1181463 co:71;
DEED OF TRUST
IFor Use to the Stele of Waehlnaton Only:
r1LE0 for, AEC '1 ":•4
33LYMPIC FEt<1tdSULx .l It CO
,ECOF CE7n�i: '•'•inn tL
2636 JUH —1 PM 3:59
LPB-22
add'i on page
THIS DEED OF TRUST. mode this 25th day of May. 2006 between
SERENITY HOUSE OF CLALLAM COUNTY, A WASHINGT0 "I NONPROFIT
GRANTOR, whose address is _P O. Fj OX 9047, P,?RT Alyf3FT,FS W '41,3_61
OLYMPIC PENINSULA TITLE COMPANY, a corporation, TRUSTEE. whace address is 319•A So Peabody,
Port Angeles, Washington and JOHN P. REED AND J KAREN REED, HUSBAND AND
WIFE
386 MEADOVLAND WAY, KEARNEYSVILLF, WV 2543C
BENEFICIARY whose address AS PAWIYAPI3!P,PitAti/ AA/1.60/
WITNESSETH Grantor hereby bargains sells and conveys to Trustee In Trust, with Fewer of sels,
the following described real property in CLALLAM County, Washington'
LOTS 17 AND 18 IN BLOCK 20 OF NORMAN R. SMITH'S SUBDIVISION OF
THE TOWNSITE OF PORT ANGELES, AS PER PLAT 'I HEPEOF RECORDED IN
VOLUME K OF DEEDS, PAGE 1, RECORDS OF CLALLAM COUNTY,
WASHINGTON.
SITUATE IN CLALLAM COUNTY, STATE OF WASHINGTON.
ENTIRE UNPAID PRINCIPAL BALANCE PLUS ACCRUED INTEREST SHALL BE
DUE AND PAYABLE UPON SALE OR TRANSFER OF THE PROPERTY
GRANTOR AGREES TO MAINTAIN IN PROPER WORKING CONDITION AT ALL
TIMES, THE FIRE ALARM SYSTEM PRESENTLY LOCATED ON THE PREMISES
OR ONE OF EQUAL OR BETTER CAPABILITIES AS t•)E.,L AS THE
MONITORING SERVICE AND SHALL PROVIDE BENEFICIARY ANNUALLY PROOF
OF COMPLIANCE WITH THIS REQUIREMENT. THIS IS ONLY NECESSARY IF
THE GRANTORS INSURANCE PROVIDER REQUIRES THE FIRE ALARM SYSTEM.
which real property Is not used principally for egrIculturel or laming purposes. together with all the
tenements. M•editMnents, 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 pertorrnance of each agreement of grantor herein contained, and
payment of the sum of ONE HUNDRED SIXTY THOUSAND 00/ 100
Dunes is 160,000.00
1
with interest,in eccordenoe with the terms of a promissory note of even date herewith, payable to Beneficiary
Or order. and made by Grantor, and all renewals, moddicotione and extension, thereof, and also such further
sums es may be advanced or loaned by Beneficiary to Grantor, or any of their successors or assigns, together
with interest thereon ac such rate as shah be agreed upon
Deed of Trust Page 2
To protect the seourity 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 budding,
titmouse's or improvement being built or about to be built thereon; to rectors) promptly any building, structure
or improvement thereon which may be damaged or destroyed; and to comply with all laws. ordinances.
regulations, covenants, conditions. end restrictions affecting the property.
2. To pay before delinquent all lawful taxes 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.
3. To keep all buildings now or hereefter erected on the property described herein continuously insured
against lose by fire or other hazards In an amount not lees than the total debt secured by this Deed of Trust
AU policies shell be held by the Beneficiary, and be in such companies as the 13 encfrclary 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 bo applied upon any indebtedness hereby secured in such order as
the Beneficiary shall determine Such application by the Beneficiary shell not oause tascuntrnuance of any
proceedings to foreclose this Deed of Trust M the event of foreuiusure, all tights of the Grantor In insurance
policies then in force shall pass to the purchaser at the foreclosure sale
4 To defend any action or proceod my purporting to effect the security hereof or the rigid* or powers
of Beneficiary or Trustee. and to pay all costs and expenses, including cost of tide search and attorney's fees
in reasonable amount, In any such action or proceeding, and in any suit brought by Beneficiary to foreclose
this Deed of Trust
5 To pay all costs, fees and expenses um connection with tine Deed of Trust, including the expenses
of the Trustee incurred in enforcing the ob1lyation secured hereby and Trustee's end attorney's fees
actually incurred, as provided by statute
6 Should Grantor fall to pay when due any taxes eeseasmente. insurance posit liens, sricumbranoes
or other charges against the property herelnsbove described, Beneficiary may pay the same, and the amount
so pad. with interest at the rate set forth on 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 rs 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 shell reoonvey all or any pert of the property covered by this Deed of Trust to the person
entitled thereto, on written request of the Grantor and the Beneticrary, or upon satisfaction of the obligation
seoured and written request for reconveyenoe 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 immediately become due and payable at the option
of the Beneficiary. In such event end upon written request of Beneficiary. Trustee shall salt the trust property,
to 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 sole Trustee shall apply the proceeds of the sale as follows:
(11 to the expense of the sale, including a reasonable Trustee's fee end attorney s foe; (21 to the obligation
secured by thug Deed of Trust; 131 the surplus of nor. shall be distributed to the persona entitled thereto
5 Trustee shall deliver to the purchaser at trio sale its deed, without warranty, which shall convey to the
purchaser the interest in the properly which Grantor had or had the power to convey at the time of his
execution of this Dead of Trust, and such as he may have acquired thereafter. Trustee's deed shell recite the
facts showing that the sale was oonducted in compliance with ell the tequlrements of law and of this Deed of
Trust, which recital shall be prima facie evtdenc• of such compliance and Conclusive evidence thereof in favor
of bone fide purchaser and encumbrencers 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 es a motions.
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 air powers of the
original trustee. The trustee is not obligated to notify any party hereto of pending sale under any other
Deed of Truer or of action or proceeding in which Grantor. Trustee or Beneficiary shall be a party
unless such action or proceeding is brought by the Trustee
Deed of Trust Page 3
8 This Deed of Trust applies to, inures to the benefit of and Iv hrndmg not only on the ponies hereto
but on their heirs, devisees, legatees, adndnletretore. executors and eaergne The term Beneficiary shaft mean
the hotdet end owner of the note secured hereby whether or not named as Beneficiary herein
ALL PAYMENTS HEREUNDER ARE TO DE MADE 'I0:
FIRST FEDERAL SAVINGS AND LOAN
P.O PDX 351
By B
By By
State of NASHINCTON
County of CLALLAM
On this 1st day!! of JUNE 20 personally
appeared BRAT1RT BLC)RE
to me known to be the individual(S)
described in and who executed the within and foregoing
instrument, and on oath stated that he was authorized
to gt1�tf. the sidentment and acknowledged it as the
of E RErfITY HOUSE OF CLALLAM COUNTY
to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
GIVEN under my hand and official seal the day and year
last above written.
To TRUSTEE
Dated
SERENITTY HOUSE OF CLALLAM COUNTY
A
BRAND° BLOFE, President
1
NOtary Public n and tor the State WAS
P')Ri AN:.ELES
My Appt. Expires:
REQUEST FOR FULL RECONVEYANCE
Do not record To be used only when note has been paid.
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 aIi other indebtedness secured by said Deed of Trust, he* been
fully paid and satisfied, and you we hereby requested and directed, on payment to you of any sttrna owing
to you under the terms of said Deed of Trust, to cancel said nate above mentioned, and sit other evidences
of Indebtedness secured by amid Deed of Trust delivered to you herewith, together with the said Deed of
Trust, end to reconvey, without warranty to the parties designated by the terms of said Deed of Trust. all
the estate now held by you thereunder
NORMAN R. SMITH'S SUBDIVISION
SUBJECT PROP
This sketch Is provided, without charge. for your information It is not intended to show all matters related to
the property Including, but not limited to. area. dimensions. easements, encroachments or location of boundaries.
It is not part of. nor does It modify. the commitment or policy to which it is attached_ The Company assumes
NO L.IABIf.I7Y(or any matter related to this sketch Reference should be made to an accurate
survey for further Information.
First American Title Insurance Company
Privacy Policy
We Are Committed to Safeguarding Customer Information
In order to better serve your needs now and in the future, we may ask you to provide us with certain information
We understand that you may be concerned about what we will do with such information particularly any personal
or financial information. We agree that you have a right to know how we will utilize the personal information you
provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and
handling of your personal information
Ap plicability
This Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in
which we may use information we have obtained from any other source, such as information obtained from a public
record or from another person or entity First American has also adopted broader guidelines that govern our use of
personal information regardless of its source First American calls these guidelines its Fair Information Values.
Types of Information
Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may
collect include_
Information we receive from you on applications, forms and in other communications to us, whether in writing, in
person, by telephone or any other means;
Information about your transactions with us, our affiliated companies, or others; and
Information we receive from a consumer reporting agency.
Use of Information
We request information from you for our own legitimate business purposes and not for the benefit of any
nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as
necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We
may, however, store such information indefinitely, including the period after which any customer relationship has
ceased_ Such information may be used for any internal purpose, such as quality control efforts or customer
analysis_ We may also provide all of the types of nonpublic personal information listed above to one or more of
our affiliated companies. Such affiliated companies include financial service providers, such as title insurers,
property and casualty insurers, and trust and investment advisory companies, or companies involved in real
estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,
we may also provide all the information we collect, as described above, to companies that perform marketing
services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or
our affiliated companies have joint marketing agreements_
Former Customers
Even rf you are no longer our customer, our Privacy Policy will continue to apply to you.
Confidentiality and Security
We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We
restrict access to nonpublic personal information about you to those individuals and entities who need to know that
information to provide products or services to you. We will use our best efforts to train and oversee our employees
and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy
and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards
that comply with federal regulations to guard your nonpublic personal information.
For No 1755
Commitment, Conditions and Stipulations
COMMITMENT
Conditions and Stipulations
1 The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument
2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other
matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown
in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be
relieved from liability for any loss or damage resulting from anyFact of reliance hereon to the extent the Company
is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to
the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance,
adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly,
but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of
these Conditions and Stipulations.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties
included under the definition of Insured in the form of policy or policies committed for and only for actual loss
incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to
eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate of interest or mortgage thereon
covered by this Commitment In no event shall such liability exceed the amount stated in Schedule A for the
policy or policies committed for and such liability is subject to the Insuring provisions, exclusion from coverage,
and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed
Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
4. Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title
to the estate or interest or the lien of the insured mortgage covered hereby or any action asserting such claim,
shall be restricted to the provisions and conditions and stipulations of this Commitment.
SERENITY HOUSE
PO BOX 4047
PORT ANGELES WA 98362
L J
Fai h Epp
Escrow Recep ti ni
st
OLYMPIC PENINSULA TITLE COMPANY
iPaik
TITLE INSURANCE ESCROWS
AGENTS FOR
TRANSNATION TITLE INSURANCE COMPANY
Th� Sh; 40QL_
Jr,
3 2002
PLEASE DIRECT CORRESPONDENCE TO:
319 -A S PEABODY
PORT ANGELES, WA 98362
(360) 457 -4451
FAX (360) 457 -4525
1- 800 488 -0865
ESCROW NUMBER
LOAN OR REFERENCE NO.
WE ENCLOSE THE FOLLOWING
}¢t 1. ORIGINAL WARRANTY DEED AND OWNERS TITLE INSURANCE POLICY
2. ORIGINAL WARRANTY FULFILLMENT DEED
3. ORIGINAL DEED OF TRUST
4. ORIGINAL DEED OF TRUST AND LENDERS TITLE INSURANCE POLICY
Cl 5. ORIGINAL DEED OF TRUST AND ASSIGNMENT OF DEED OF TRUST
6. TITLE INSURANCE POLICY
7. TITLE INSURANCE POLICY AND CERTIFIED COPY OF SAME
8. ORIGINAL REAL ESTATE CONTRACT AND OWNERS TITLE INSURANCE POLICY
9 FINAL HUD 1 CLOSING STATEMENT
10. ORIGINAL REAL ESTATE CONTRACT AND WARRANTY FULFILLMENT DEED
11. RECORDED QUIT CLAIM DEED
12. MOBILE HOME REGISTRATION CERTIFICATE
13. MOBILE HOME CERTIFICATE OF TITLE
14.
15.
16.
VERY TRULY YOURS,
DATE January 2, 2002
010692f5
III 11
II111111111111111111111111111111111111111 111111111111111 111I 1111111 I 111111 IIII III11111111111111111111I1111111111111111111111111I1111111111111111111IIIIIII11111111II11111 IIIIVIIIIIIIII;
Attest:
NM1 PA10
ALTA Owner's Policy (10/17/92)
Face Page
Fnrm 11 OA-G7 A
ISSUED BY
TRANSNATION TITLE INSURANCE COMPANY
Transnation
A LANDATIERICA COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of
I Title to the estate or interest described in Schedule A being vested other than as stated therein;
2 Any defect to or lien or encumbrance on the title,
3 Unmarketability of the title,
4 Lack of a right of access to and from the land
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations
IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company
Secretary
(i) to timely record the instrument of transfer, or
(n) of such recordation to impart notice to a purchaser for value or a judgment or hen creditor
ORI( 1P4AI
OWNER'S POLICY OF TITLE INSURANCE
POLICY NUMBER
A38- 0001503
TRANSNATION TITLE INSURANCE COMPANY
President
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of
1 (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land, (n) the character, dimensions or location of any improve-
ment now or hereafter erected on the land, (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part, or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, hen or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge
3 Defects, hens, encumbrances, adverse claims or other matters.
(a) created, suffered, assumed or agreed to by the insured claimant,
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy,
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy, or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy
4 Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on
(a) the transaction creating the estate or Interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure
Valid only if Schedules A and B and Cover are attached
1., DEFINITION OF TERMS.
The following terms when used in this policy mean
(a) "insured" the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distnbutees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors
(b) "insured claimant" an Insured claiming loss or damage
(c) "knowledge" or "known" actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land
(d) "land" the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property The
term "land" does not include any property beyond the lines of the area
described or referred to to Schedule A, nor any right title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy
(e) "mortgage" mortgage, deed of trust, trust deed, or other secunty
instrument
(1) "public records" records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge With
respect to Section 1(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located
(g) "unmarketability of the title" an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (u) an indebtedness secured by
a purchase money mortgage given to the insured
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (n) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (in) if title to the estate or interest, as insured, is rejected as
unmarketable If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required, provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of 'hose causes of action which allege matters not insured
against by this policy
(b) The Cowan) shall have the nght, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy if the Company
shall exercise its nghts under this paragraph, it shall do so diligently
B 1190 -57A
CONDITIONS AND STIPULATIONS
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent junsdtctwn and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order
(d) in all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the name of the insured for this purpose
Whenever requested by the Company, the insured, at the Company's
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (u) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as insured if the
Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
cooperation
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage The proof of loss or
damage shall describe the defect in, or hen or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any ltabtlity or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage Further, if
requested by any authorized representative of the Company the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage
All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it Is necessary in the
administration of the claim Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the
following options
(a)To Pay or Tender Payment of the Amount of insurance
To pay or tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the
time of payment or tender of payment and which the Company is obligated
to pay
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy other than to make the
payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant
(I) to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs. attorneys' fees and expenses Incurred by the Insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated to pay, or
(n) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs. attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (u), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made. shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation
Conditions and Stipulations Continued Inside Cover
DAMERI'CA
PRIVACY POLICY NOTICE
Dear LandAmerica Customer:
The Financial Services Modernization Act recently enacted by Congress has brought
many changes to the financial services industry, which includes insurance companies
and their agents. One of the changes is that we are now required to explain to our
customers the ways in which we collect and use customer information.
The statement attached to or on the reverse side of this letter is the privacy policy of the
LandAmerica family of companies. The three largest members of the family
Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation,
and Transnation Title Insurance Company may issue policies and handle real estate
closings in virtually every part of the country. A number of other companies in the
family provide other real estate services, and some operate more locally. You may
review a list of LandAmerica companies on our website (www.landam.com). You may
also visit our website for an explanation of our privacy practices relating to electronic
communication.
Our concern with the protection of your information has been a part of our business
since 1876, when the company that is now Commonwealth Land Title Insurance
Company issued its first policy. We will continue to protect the privacy, accuracy, and
security of customer information given to us.
No response to this notice is required, but if you have questions, please write to us:
Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of New
Jersey, Industrial Valley Title Insurance Company, Land Title Insurance Company. Lawyers Title Insurance Corporation, Title Insurance
Company of America, Transnation Title Insurance Company, Transnation Title Insurance Company of New York
Relocation and Mortgages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc.
Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title Abstract Company, Brighton Title
Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of
Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title
Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abstract Corp., Cornerstone Residential Title, Cumberland
Title Company, First Title Escrow, Inc., Gulf Atlantic, Harbour Title, HL Title Agency, Lawyers Title Company; Lawyers Title of
Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyers Title Settlement Company, Lion Abstract, Longworth Insured,
Louisville Title Agency of Central Ohio, Lorain County Title Company, M/I Title Agency, NIA/ Lawyers Title Agency, Oregon Title,
Park Title, Partners Title Company, Pikes Peak Title Services, RE/Affirm Title Agency, Rainier Title Company, Residential Abstract,
Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TransOhio Residential Title Agency, Transnation
Title Escrow, Union Title Agency, University Title Services, Wilson Title Company
Appraisals and Ancillary Services: LandAmerica OneStop, Inc.
FORM 3391 -6 (May 2001)
LandAmerica Privacy
P.O. Box 27567
Richmond, VA 23261 -7567.
LandAmerica Companies
What kinds of information we collect. Most of LandAmerica's business is title insurance, but there
are companies in our family that provide other real estate services to consumers. We collect
information about you, (for instance, your name, address, telephone number), and information about
your transaction, including the identity of the real property that you are buying or financing. We obtain
a copy of any deeds, notes, or mortgages that are involved in the transaction. We may get this
information from you or from the lender, attorney, or real estate broker that you have chosen. Our title
insurance companies then obtain information from the public records about the property so that we can
prepare a title insurance policy. When we provide closing, escrow, or settlement services, mortgage
lending, or mortgage loan servicing, we may get your social security number, and we may receive
additional information from third parties including appraisals, credit reports, land surveys, escrow
account balances, and sometimes bank account numbers to facilitate the transaction. If you are
concerned about the information we have collected, please write to us.
How we use this information. The company giving or specifically adopting this notice does not share
your information with marketers outside its own family There's no need to tell us to keep your
information to ourselves because we share your information only to provide the service requested by
your or your lender, or in other ways permitted by law. The privacy laws permit some sharing without
your approval. We may share internally and with nonaffiliated third parties in order to carry out and
service your transaction, to protect against fraud or unauthorized transactions, for institutional risk
control, and to provide information to government and law enforcement agencies. Companies within a
family may share certain information among themselves in order to identify and market their own
products that they think may be useful to you. Credit information about you is shared only to facilitate
your transaction or for some other purpose permitted by law.
How we protect your information. We restrict access to nonpublic personal information about you to
those employees who need the information to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with law to guard your nonpublic personal
information. We reinforce the company's privacy policy with our employees.
Agents that may be covered by this policy. Often, your transaction goes through a title insurance
agent. Agents that are part of the LandAmerica family are covered by this policy. Agents that are not
part of the LandAmerica family may specifically, in writing, adopt our policy statement.
FORM 3391 -6 (May 2001)
LANDAMERICA PRIVACY POLICY
AMOUNT OF INSURANCE: 100,000.00 POLICY NO.: A38- 0001503
PREMIUM:
505.00 ORDER NO. 01069265
1. NAME OF INSURED:
DATE OF POLICY: AUGUST 07, 2001, AT 8:30 A.M.
SERENITY HOUSE OF CLALLAM COUNTY, A WASHINGTON NON PROFIT
CORPORATION
2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS
COVERED BY THIS POLICY IS:
FEE SIMPLE ESTATE
3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY
VESTED IN:
THE NAMED INSURED
4. THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF
CLALLAM, STATE OF WASHINGTON AND DESCRIBED AS FOLLOWS:
SEE SCHEDULE C ATTACHED HERETO AND INCORPORATED HEREIN BY THIS
REFERENCE:
END OF SCHEDULE A
Schedule A
Page 1
THIS POLICY DOES NOT
COMPANY WILL NOT PAY
ARISE BY REASON OF:
STANDARD EXCEPTIONS:
SCHEDULE B
EXCEPTIONS FROM COVERAGE
POLICY NO.: A38- 0001503
ORDER NO. 01069265
INSURE AGAINST LOSS OR DAMAGE (AND THE
COSTS, ATTORNEY'S FEES OR EXPENSES) WHICH
(1) TAXES OR ASSESSMENTS WHICH ARE NOT NOW PAYABLE OR WHICH ARE
NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING
AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR
BY THE PUBLIC RECORDS; PROCEEDINGS BY A PUBLIC AGENCY WHICH MAY
RESULT IN TAXES OR ASSESSMENTS, OR NOTICES OF SUCH PROCEEDINGS,
WHETHER OR NOT SHOWN BY THE RECORDS OF SUCH AGENCY OR BY THE
PUBLIC RECORDS.
(2) ANY FACTS, RIGHTS, INTERESTS OR CLAIMS WHICH ARE NOT SHOWN
BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN
INSPECTION OF THE LAND OR WHICH MAY BE ASSERTED BY PERSONS IN
POSSESSION, OR CLAIMING TO BE IN POSSESSION, THEREOF.
(3) EASEMENTS, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, WHICH
ARE NOT SHOWN BY THE PUBLIC RECORDS.
(4) DISCREPANCIES, CONFLICTS IN BOUNDARY LINES, SHORTAGE IN
AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY
OF THE LAND WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY THE PUBLIC
RECORDS.
(5) ANY LIEN, OR RIGHT TO A LIEN, FOR LABOR, MATERIAL, SERVICES
OR EQUIPMENT, OR FOR CONTRIBUTIONS TO EMPLOYEE BENEFIT PLANS,
OR LIENS UNDER WORKMEN'S COMPENSATION ACTS, NOT DISCLOSED BY THE
PUBLIC RECORDS.
(6) (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR
EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE
THEREOF; (C) INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING, BUT
NOT LIMITED TO, EASES OR EQUITABLE SERVITUDES; OR, (D)
WATER RIGHTS, CLAIMS OR TITLE TO WATER, WHETHER OR NOT THE
MATTERS EXCEPTED UNDER (A), (B), (C) OR (D) ARE SHOWN BY THE
PUBLIC RECORDS.
(7) RIGHT OF USE, CONTROL OR REGULATION BY THE UNITED STATES OF
AMERICA IN THE EXERCISE OF POWERS OVER NAVIGATION; ANY
PROHIBITION OR LIMITATION ON THE USE, OCCUPANCY OR IMPROVEMENT
OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN
OWNERS TO USE ANY WATERS WHICH MAY COVER THE LAND OR TO USE ANY
PORTION OF THE LAND WHICH IS NOW OR MAY FORMERLY HAVE BEEN
COVERED BY WATER.
(8) ANY SERVICE, INSTALLATION, CONNECTION, MAINTENANCE OR
CONSTRUCTION CHARGES FOR SEWER, WATER, ELECTRICITY, OR GARBAGE
COLLECTION OR DISPOSAL, OR OTHER UTILITIES UNLESS DISCLOSED AS
AN EXISTING LIEN BY THE PUBLIC RECORDS.
(END OF STANDARD EXCEPTIONS)
Schedule B
Page 1
SPECIAL EXCEPTIONS:
TAX ACCOUNT NO.:
YEAR:
AMOUNT BILLED:
AMOUNT PAID:
PRINCIPAL BALANCE:
3. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF:
RECORDED:
RECORDING NO.:
REGARDING:
SCHEDULE B CONTINUED
06- 30 -99- 110210
2001
$280.88
$140.44
$140.44
FEBRUARY 27, 1986
575299
BOUNDARY LINES
END OF SCHEDULE H
Schedule B
Page 2
POLICY NO.: A38- 0001503
ORDER NO. 01069265
1. GENERAL TAXES, (ASSESSMENTS FOR FIRE PATROL, IRRIGATION AND /OR
WEED CONTROL, IF ANY) 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)
2. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS
OR OTHER SERVITUDES, IF ANY, DISCLOSED BY TUGGLE SHORT PLAT
RECORDED UNDER CLALLAM COUNTY RECORDING NO. 531689.
RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE
RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY
DESCRIBED HEREIN.
SCHEDULE C
POLICY NO.: A38- 0001503
ORDER NO. 01069265
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE COUNTY OF
CLALLAM, STATE OF WASHINGTON AND DESCRIBED AS FOLLOWS:
LOTS 1 AND 2 OF TUGGLE SHORT PLAT, RECORDED JUNE 17, 1982 IN
VOLUME 11 OF SHORT PLATS, PAGE 57, UNDER CLALLAM COUNTY
RECORDING NO. 531689, BEING A SHORT PLAT OF A PORTION OF
SUBURBAN LOT 102, TOWNSITE OF PORT ANGELES;
EXCEPT THAT PORTION CONVEYED TO CHESTER E. NELSON, BY DEED
RECORDED UNDER RECORDING NO. 546116, DESCRIBED AS FOLLOWS;
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBURBAN LOT 102;
THENCE NORTH 33 °13'03" EAST, ALONG THE WEST LINE OF SAID
SUBURBAN LOT 102, A DISTANCE OF 147.00 FEET;
THENCE SOUTH 56 °45'01" EAST, A DISTANCE OF 19.67 FEET;
THENCE SOUTH 31 °38'09" WEST, A DISTANCE OF 147.06 FEET TO THE
NORTH MARGIN OF 18TH STREET;
THENCE NORTH 56 °45'01" WEST, ALONG SAID NORTH MARGIN, A
DISTANCE OF 23.73 FEET TO THE POINT OF BEGINNING.
SITUATE IN CLALLAM COUNTY, STATE OF WASHINGTON.
END OF SCHEDULE C
Schedule C
Page 1
7. 'DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described
(a) The liability of the Company under this policy shall not exceed the
least of
(i) the Amount of Insurance stated in Schedule A, or.
(u) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
hen or encumbrance insured against by this policy
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the salue of the insured estate or mterest by at least 20
percent over the Amount of Insurance stated in Schedule A then this
Policy is subject to the following
(I) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Dale of Policy heats to the total value of the
insured estate or interest at Date of Policy, or
(u) where a subsequent improvement has been made, as to any partial
loss the Company shall only pay the loss pro rata in the prirport en that
120 percent of the Amount of Insurance stated in Schedule A hears to the
sum of the Amount of insurance stated in Schedule A and the amount
expended for the improvement
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy and shall
only apply to that portion of any loss which exceeds, in the aggregate 10
percent of the Amount of Insurance stated in Schedule A
(e) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site and a loss is established affecting one or
more of the parcels but not all, the loss shall he computed and settled on a
pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy.
unless a liability or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title or removes the alleged defect
lien or encumbrance. or cures the lack of a right of access to or from the
land, or cures the claim of unmarketahihri of title, all as insured in ,a
reasonably diligent manlier by any method, including litigation and the
completion of any appeals therefrom it shall have fully performed its
obligations with respect to that matter and shall not he liable for any loss
or damage caused thereby
(h) in the event of ,my litigation including litigation by the Company
or with the Company's consent the Company shall have no liability for
loss or damage until there has been a final determination hs a court of
competent itirisdicu, in and disposition of all appeals thcrefri.m adverse, It'
the title as msurcd
tc) The Company shall not he liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written Consent of the Company
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments trade for costs
attorneys' fees and expenses shall reducc the arnuunt of the insurance pro
tanto
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception is taken in Schedule B or to
which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in is Inc h ease proof
of loss or destruction shall be fur rushed to the satisfaction of the Company
NM1 PA10
ALTA Owner's Policy (10- 17 -92)
Cover Page
Form 1190 -58
ORIGINAL
(Continued)
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall he payable within 30 days thereafter
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant
The Company shall he subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property necessary
in order to perfect this right of subrogation The insured claimant shall
permit the Company to sic compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies
If a payment on accourn of a claim does not fully cover the loss of the
insured claimant the Company shall he subrogated to these rights and
remedies in the proportion is 11 the Company s payment hears to the
whole amount of the loss
If loss should result from any act of the insured claimant as stated
abort: that act shall not and this policy, hut the Company in that ,,sent
shall he required to pay only that part of any losses insured against by this
policy which shall exceed the amount if ally, lost to the Company by
reason of the impairment by the insured claimant of the Company s right
of subrogation
th) The Company•s Rights Against Non-insured Obligors
The our parry s right of subrogation against non-insured obligors shall
exist and shall include without limitation the rights of the insured to
indemnities, guaranties. other policies of insurance or bonds,
notwithstanding any terms or conditions contained on those instruments
which provide for subrogation rights by reason of this policy'
14 ARBITRATION
Unless prohibited by applicable law either the C ompany or the insured
may dem arbitration pursuant to the title Insurance Arbitration Rules
of the American Arbitration Association Arbitrable matters may include,
but are not limited to any controversy or claim between the Company and
the insured arising out of or relating to this policy, sty service of the
C ompany of connection with its issuance or the breach of a policy
ptnstsron or other obligation All arbitrable matters when the Amount of
Insurance is SI 0f10_(0Ot) or less shall he arbitrated at the option of either the
Company or the insured All arbitrable matters when the Amount of
Insurance is in excess of SI 000,0011 shall he arbitrated only when agreed to
by both the Cornpany and the insured Arbitration pursuant to this policy
and under the Rides in effect on the date the demand for arbitration is
made or at the option of the insured the Rules in effect at Date of Policy
shall he binding upon the parties rift award may include attorneys' Zees
only if the laws of the state nn ychrch the land is lucatcd permit a court to
award ,attorneys lees to ,i prey.uhng party Judgment upon the award
rendered by the ArhuratorisI may he entered in ,try court having
jurisdiction thereof
The law of the sous of the land shall apply to an arbitration tinder the
fitle Insurance Arbitration Rules
copy of the Rules may he obtained Intro the C ompany upon request
15. LIABILITY LIMITED TO THIS POLICY, POLICY ENTIRE
CONTRACT.
(a) i policy together ssrh all endorsements if any att.n.hed herctti
by t Company is the Lntire policy and contract between the insured and
the C untp, In interpreting y provision ul this policy, this policy shall
be construed as a whole
(h) Any claim of loss or darnagc, whether or not base,] on negligence
and which arises out of the status of the title to the estate or interest
cowered hereby or by any action asserting such claim shall he restricted to
this policy
(cl No amendment of or endorsement to this policy can he nude
except by a ariling endorsed hen con cur attached hereto signed by either Inc t
President a Vice President the Secretary, an ,lssistant Secretary or
sandatmg officer or authort,ed signatory of the Company
16. SEVERABILITY.
In the event any prosisiun of the policy is held InYalicf or unenforceable
under applicable law, the policy shall he deemed not to include that pros)-
smn and all other provisions shall remain in full force and effect
17. NOTICES, WHERE SENT.
All notices requited to he given the Company and any statement or writing
required to he furnished the Company shall include the number of this
policy and shall be addressed to Consumer Affairs Department. PO Box
27567. Richmond. Virginia 23261 -7567
Valid Only If Face Page. Schedules A and B Are Attached
OWNER'S POLICY
OF TITLE INSURANCE
(10- 17 -92)
AMERICAN LAND TITLE ASSOCIATION
ISSUED BY
TRANSNMION TITLE INSURANCE COMPANY
B 1190 -58
Transnation
A LANDA \ItRICA t OMrA
Home OVncE
101 Gateway Centre Parkway, Gateway One
Richmond, Vtrgtnia 23235 -5153
A WORD OF THANKS
As we make your policy a part of our permanent
records, we want to express our appreciation of
this evidence of your faith in Transnation Title
Insurance Company
There is no recurring premium.
This policy provides valuable title protection and
we suggest you keep it in a safe place where it
will be readily available for future reference.
If you have any questions about the protection
provided by this policy, contact the office that
issued your policy or you may write to
Consumer Affairs Department
Transnation
Title Insurance Company
P O Box 27567
Richmond, Virginia 23261 -7567
TOLL FREE NUMBER 1- 800 446 -7086
SHORT PLAT T Na 10 1.J
WEST HALF, SUBURBAN LOT 102 ,TOWNS/ TE OF PORT ANGELES
CLALLAM COUNTY, WASHINGTON
1.: CCrf *t4' Cl
„Fa wrl Ar
5 ✓A•ew roar
-4--
56' Cav1V6R aA•
no IV* OS
5A9040AN
col /aL
A T 1 U N
I GLC
DRAWN 617 C./w
DLAT CHECK 5 D
FINAL CHCCM,
/6 zge STREET
N6Nti 44:44 284.97
Rim 264.97 a/JP
N 54 44
,LOT e
Ar 1/J 10 sr
IN IIITNL55 WNERflu 1H15 I551RUM1NT IS EXECUTED THIS
6E44IERac
40,6c511/1/ROAN
c07 MT
—t
1
c I,.
1
el n 1 1 ti L?
1 r Lp 4 1
N ti 4 0, 1 M ti
ON
1
1
l e 1 0
o 1 a
v�
1 '1O.9 4404.00
lso 'ZI4' AsJB
1/14.96-•
55b' 45' O/ B //44.80=
IS rile STREET SLAKE IN CONCRETE
55 L'iSPl■ME Pr
r'» Ar
511141/I�EN
E
LO
0 �y
OROTHt/G iVGGI
531689
p 1 S C R 1 P 1 1 O N
THE NESS HALT Of 1uRW OU
ABAN Lul 1112, 1OWNXITE Of PORT AHGIIEI. CLALLAM CNTY,
WASHING ON.
JUR9ETO R 'S C E R T I F I C A T E
1, KENNETH A. CLARK, OF CLARK AND ASSOCIATES, HERESY CERTIFY THAT THIS PLAT
IS SAS UPON AN ACTUAL SURVEY, THAT DISTANCES AND BEARINGS ARE CORRECT.
KEN E TN A. CLARK
REGISTERED LAND SURVEYOR
LICENSE NUMBER 12203
p to DAY OF
TUGGLE SHORT PLAT
SCALE 1• /00'
KNOW ALL MEN BY 1,11SE PRESENTS THAT WE THE UNDERSIGNED, OWNERS OF THE LAND
HEREBY PLATTED, ,•IRFBY 1 'ILLARE THIS PLAT AND DEDICATE 10 THE USE OF THE PUBLIC
•UREVf0 ALL ROAD RIG111 O WAY SHOWN HEREON ANO THE USE THEREOF FOR ANT AND
ALL PUBLIC PURPOSES NH1 ININNSISTENT WITH THE 115E THEREOF FOR PUBLIC HIGHWAY
PURPOSES 111E PIAT10R5 HEREBY ACCEPT ALL RESPONSIBILITY FOR ALL CLAIMS AND
OAMA1.45 WHAM MA1 BI 1,t ASIONCD 10 ANT OTHER LAND OR PERSONS 81 ACTIONS OF
SAT'• PIAITORS A94 BY 114E CITY IN RELATION TO THIS PLAT, WE HEREBY
CONSENT TO THIS 7 (A•
A C K N O W L E D G E M E N T
STATE Or 00414.4445 SS
COUNTY OF 4'50/9'
THIS PLAT IS RASED ON SURVEY ON
THE WASHINGTON COORDINATE SYSTEM
GRID. NORTH IONE ALL BEARINGS
ARE RELATIVE TO SAID GRID ALL
DISTANCES ARE REDUCED TO SAID
6410, 1E1NG .9999 OF HORIZONTAL
600UN0 DISTANCE.
i 1 c E N Q
DENOTES 1 C0110011
WITH PLASTIC SURVEY
CAP STAMPED "CLARK
12223" AND 3" X 3"
GUARD POST.
Eln DENOTES RIGHT -OF -WAY
BEINZ TO
THE PUBLIC
DENOTES DIBTINO FENCE
NOTE:
PRIOR 7D 7)Y! CONJTRUCT/OV OP ANY NEW
PERT/CAL $TRE/CTE,q 3 ON LOT 2 A F/RE
*KORANT (WALL QE INSTALL= AS PLR Mir
REQ(l /REAMW74 OF THE 180 BC/ /4EL/NEd
THIS IS TO CERTIFY THAT OH THIS IT/l DAY OF sMMItt 1912_,
BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STAY OF Oa*4. 44s.
DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED C TOE J.
1000LE AND DOROTHY G. TUGGLE TO ME KNOWN to EE THE
INDIVIDUALS WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME
THAT THEY SIGNED AND SEALED THE SAME AS THEIR FREE AND VOLUN1ARY AC1 AND
DEED FOR THE USES AND PURPOSES THEREIN MENTIONED.
WITMEIS MV HAND AND OFFLCIAI SEAL 114E DAT AND YEAR FIRST ABOVE WRITTEN.
A 5 1 R D v 4
PLANNING DEPARTMENT
EXAM E9_ APPROVED 1 115 Mr DAY OF (1EJE
SY
DIRECTOR
DEPARTMENT Of PUBLIC WORKS
EKAHINED AN0 APPROVEp,THIS _,2 DAY OF fjESSE.•FLL{
DIRECTOR
LIGHT DEPARTMENT
E
EXAMINED /AND A OWED HIS
4{TTARf DIRE TOR
'+i.•R -or .CZ 0P4
nu1Ak. rUdlli IN LAND FkR THE STATE
OF 004404440
RESIDING AT AYir•rf,EF
19 g2.
1D
j9w DAY of FEBl
1 1 1 1 0 7 R E C O R D
FILED FOR RECORD AT THE REQUEST OF (1, /jf, A.j f 4 0_A4 a e
THIS )1 DAY OF 1,..., '1 A U Al `'j
MINUTES PAST 3 O'CLOCKP.M. AND REC0R(HD IN 00LUM1 OF OF SHORT
PLATS, PAGE 5 RECORDS OF CLALLAM COV111Y, WASHINGTON.
H/ACY
COUNTY AUDITOR Dl PU I1
CLARK ASSOCIATES
EMI/ SIMPOIS E^P"PM fIr,WIFIS
C. C, AMRNIBII
4.
Return Address
OLYMPIC PENINSULA TITLE CO.
Address 319 -A SOUTH PFARODY
City,State,Zip PORT ANGELES. WA 9R1F7
01069265DS
Document Title(s) (or transactions contained therein):
1. STATUTORY WARRANTY DEED
2.
3.
,I
2001 1074047 o��ty
Reference Numbers) of Documents assigned or released:
(on page of documents(s))
N•N••••
S....
Grantor(s) (Last name first, then first name and initials
1. PATRICIA LEE TUGGLE
2.
3.
4. AMOUNT-
5. Additional names on page of document. ON S N E �I•. j
••.NN• ee..•N•• •••••N••NNN•.•.••.•••q ••ok44 ��I4� fYl•'•.
Grantee(s) (Last name first, then first name and initials) I
1. SERENITY HOUSE OF CLALLAM COUNTY
2.
3.
4.
5. Additional names on page of document.
Legal description (abbreviated: i.e. lot, block, plat or section, township, range)
LOTS 1 2 OF SP V11, pg 57
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number
06- 30- 99- 110210 06- 30- 99- 110220
Additional legal is on page of document
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
Form 7265 -2
WASHINGTON STATE COUNTY AUDITOR/RECORDER'S
INDEXING FORM (Cover Sheet)
ICED FOK SEC:: C11_ST
OLYC..ENINSULA TITLE CO.
200 i NOV 2 0 i', i 3: 23
RE- RECORD TO CORRECT LEGAL.
NO. .3e.;Z
CLAL COUNTY
TRANSACTION EXCISE TAX t-
DATE
PAID NOV 2 0 2001
qr OLYMPIC PENINSULA
TITLE COMPANY
NO �d��� d
CLALLAM COUNTY /K0 b
TRANSACTION EXCISE TAX
DATE D AUG 6 2001 f
PAI
AMOUN /CO ODD 2001 1068148 =,,7
COU TREAS ER
BY 14
File Number 01069265ds
1PB -10
STATUTORY WARRANTY DEED
Legal Descnption (Brief) add') on page
LT 1 TUGGLE SP V11 P57 LT 2 TUGGLE SP V11 p57
Tax Parcel# 06- 30- 99- 110210 06- 30 -99- 110220
THE GRANTOR PATRICIA LEE TUGGLE, AS HER SEPARATE ESTATE
for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE
CONSIDERATION
in hand paid, conveys and warrants to SERENITY HOUSE OF CLALLAM COUNTY, A
WASHINGTON NON PROFIT CORPORATION
the following described real estate, situated in the County of CLALLAM State of Washington
FKMAXX#'X=XX XXWtWOXXO GX1 *X141*IXX1XIMXXVXXXIMEUX0XXb4WL X4=
X}FX MOWN )iaMW%X N1 tosx )19CI)i,X XJNDi)EdC X)[)Rd]DF1HNx )001134 D&fORNoO#f NG{ WOO( x x
)9w e6x, X)Bl7{Ob7G( )ROHO€ IIXN1 X=COt)OSX)OS)C MORIXDOM X}EX?SCIf3U RN NXXIXXIX1@G
:OOPAV901CDE<XXX MOM ANGEstIEEC.x
)90@C3 DEX )071% )O( DO 'X X)O(/N9X6{X )SCDigD C XXX Xf SHONGOONCX
SEE EXHIBIT "A" FOR LEGAL DESCRIPTION.
SUBJECT TO:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF:
Dated July 16, 2001
By
—tin
TRTC6 -CEE TUG6'E
By
By
State of DELEWARE
County of t�
On this 1'l day of JULY
before me personally appeared
PATRICIA LEE TUGGLE
S
•INE STEWART
ARY PUBLIC
1F DELAWARE
My SEP 10 314002
FILED FOR RECOrO LT TFE REQUEST
OLYMPIC PENINSULA TITLE CO.
:F
OOFCEO I7, 7_ _fit "Cr
2001 AUG -6 Pli J2 32
20 01
to me known to be the individual(s) described in and who
executed the within and foregoing instrument, and acknowledged
that (1(A/she/VOW signed the same as (Nitt /her /7fMk) free and
voluntary act and deed, for the uses and purposes tWein
mentioned. GIVEN under my hand and official sea1'1he day and
year last above written.
C l
Votary Public in and for the State of,It:,
Residing at g01 i�i5SlA.....1�Oa'K t"?d 1.61,A.611( t t
My Appt Expires )O i
,File Number 1069265ds
EXHIBIT A
LOTS 1 AND 2 OF TUGGLE SHORT PLAT, RECORDED JUNE 17, 1982 IN
VOLUME 11 OF SHORT PLATS, PAGE 57, UNDER CLALLAM COUNTY
RECORDING NO. 531689, BEING A SHORT PLAT OF A PORTION OF
SUBURBAN LOT 102, TOWNSITE OF PORT ANGELES,
EXCEPT THAT PORTION CONVEYED TO CHESTER E. NELSON, BY DEED
RECORDED UNDER RECORDING NO 546116, DESCRIBED AS FOLLOWS,
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBURBAN LOT 102;
THENCE NORTH 33 13'03" EAST, ALONG THE WEST LINE OF SAID
SUBURBAN LOT 102, A DISTANCE OF 147.00 FEET,
THENCE SOUTH 56 °45'01" EAST, A DISTANCE OF 19 67 FEET;
THENCE SOUTH 31 38'09" WEST, A DISTANCE OF 147.06 FEET TO THE
NORTH MARGIN OF 18TH STREET;
THENCE NORTH 56 °45'01" WEST, ALONG SAID NORTH MARGIN, A
DISTANCE OF 23 73 FEET TO THE POINT OF BEGINNING.
SITUATE IN CLALLAM COUNTY, STATE OF WASHINGTON.
SUBJECT TO:
ALL COVENANTS, CONDITIONS, RESTICTIONS, RESERVATIONS,
EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY TUGGLE
SHORT PLAT RECORDED UNDER CLALLAM COUNTY RECORDING NO. 531689.
AGREEMENT RECORDED UNDER CLALLAM COUNTY RECORDING NO. 575299.