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OFFICIAL RECORDSREQUEST OF
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RECORDED AT THE REQUEST OF:
JEFFERSON LAND TRUST,
A WASHINGTON NONPROFIT CORPOR
MARY E. GABCURY-FFERSON COUNTY AUDITOR
arYCOoof serunr
AFTER RECORDATION RETURN TO
JEFFERSON LAND TRUST ...
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POST
PORT
OFFICE BOX 1610
TOWNSEND WA 98368
EED OF El AT ION EASEMENT
IFEEERSON COUNTY EXCISE TA
M.KS.LE23.
Dale Padd/AmtC.
sAUUUAMy—TIRUASURLR. /
THIS GRANT DE
OLIVER FRANK
residents of
OF CONSERVATION
ILHAM and ONDA
ity
EASEMENT is made by and between
ROLENA KILHAM, husband and wife,
Port Townsend, Jefferson County
Port
and
Washington, whose mailing address is 2209 14th Street,
____ WA 98368 (herein referred to as "Grantor"), ---------------------------------------
JEFFERSON LAND TRUST (formerly known as "Jefferson County Land
a Washington nonprofit corporation, with a mailing
Townsend
Trust"). _
address of Post Office Box 1610, Port Townsend WA 98368, and
having its registered office at 2404 35th Street, Port Townsend,
Washington (herein referred to as "The Land Trust"),
WITNESSE
WHEREAS, Grantor is the owner in fee simple
property situated in the City of Port Townsend,
Was
(he
ich is described in Exhibit "A
ed to as "The Property"); and
of certain real
Jefferson County,-
attached hereto
HEREAS, The Property is predominantly open space
for
inclu
(the
raising livestock, vegetables.
s wetlands and
foregoing are
forest 1ands
collectively
fruits, and hay, i
providing wildlife
currently used
which also
i habitats
conservation values" for convenience)
referred to herein as
Grantor,
Jefferson
to The Land Trust, to the
i County, and to the people
people
of the
of great importance to
of Port Townsend and
State of Washington;
WHEREAS,
inventory
hereto as
the specific conservation
of the relevant features
values - are documented in an
the property attached
Exhibit "B" and incorporated herein by this reference
which the parties hereto agree accurately describes, and depicts
in such maps and photographs as may be included therein, the
state of
intended
moni tor i ng
the property at the time of this grant and which is
grant; and
□ serve as an accurate
compliance with the terms
information baseline for
and conditions of this
WHEREAS, Grantor, as the owner of The Property in fee simple
AUSO 4 1992 vol 382 462
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CONSERVATION EASEMENT
Kilham/Jeffarson
Page No. 2
Land Trust
&
'
absolute, is the
preserve and to
( )
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ecosystems and other attributes
with the terms and conditions as
firmative rights to identify, to
etuityits agricultural values,
> subject to and in accordance
herein set forth; and
WHEREAS, The Land Trust
tax-exempt
preserve and
charitable
organized and exists as a nonprofit.
(,+
protec
and cha
avion
ficant to.among other things
lands for scient ific
public, in accordance
of the Internal Reveni
ritable purposes for the benefit of
with the /provisions of Section 501 (c)
e Code of 1954, as amended; and
the
(3)
WHEREAS, The :
importance o
significant/
legislation +
Code of Washii
ngton has recognized the necessity
efforts regarding the
natural areas by the
Section 79.70 et seq.,
and
preservation of
enactment of
of the Revised
qualified underWHEREAS, The Land trust is a private organization
Sections 64.04.130 and 84.34.250 of the Revised Code of
Washington and under Sect ion 170 (h) (3) of the Internal Revenue
as amended, to acquire and hold conservationCode of 1
easements;
WHEREAS,
the inten
* +
the benef
I Trust agrees by accepting this grant to honor
Grantor as herein stated and to preserve and to
n perpetuity the conservation values of The Property
it of those now living and those as yet unborn;
for
NOW, THEREFORE, in consideration of the foregoing and of
terms, conditions and restrictions hereinafter set forth,
pursuant to the common law and the laws of the State
Washington, particularly Section 64.04.130 of the Revised Code of
the
and
of
Washington, Grantor hereby grants and conveys to The Land Trust a
conservation easement in perpetuity over, upon
Property of the
hereinafter set
nature and character and
forth (herein referred to
and under The
to the extent
as "Easement" for
1. It is the purpose of this Easement to assure that The Property
will be retained forever, intact, for agricultural or open space
uses and to prevent and preclude any use of The Property that
will impair or interfere with the conservation values, of The
Property. Grantor intends that this Easement will confine the use
including. withoutof, Propert y
limitation, those
raising of livestock
to such
involvi ng
, and/or
act ivities, ,
agriculture.horticulture, the
the preservation of open natural
areas as are consistent with the purpose of this Easement.
2. To accomplish the purpose of this Easement, the following
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CONSERVATION EASEMENT
Kilham/Jefferson Land Trust
Page No. 3
rights are hereby conveyed to The L
(a) to preserve and to protect (
Trust :
conservation values of The
Property; - / /) y L )
(b) to enter The Property at reasonable times in order to
monitor Grantor’s compliance; PROVIDED, HOWEVER, that
wi 11 be upon prior reasonabl e not .
Land Trust may not unreasonably interfere with the
enjoyment of The Property by Grantor; and
(c) to prevent any activity or use of
inconsistent with the purpose-of this Easement and to require the
restoration of such areas or features of The Property which may
be damaged by any such inconsistent activity or use.
ice to Grantor,and
use
such entry
I that The
। and quiet
The Property
Any activity or use of The Property inconsistent with the
purpose of this Easement is prohibited. Without limiting the
generality of the foregoing prohib: . ' ’'. ' - _ ‘ '
and uses are expressly prohibited:
3.
foregoing prohibition, the following activities
(a) the conveyance, transfer, mortgage, or hypothecation of
any portion or portions less than all of The Property
speci fical1
unplatted, be t
(b) the
Property;
(c) the
lots;
intended that The Property, whether
, it being
platted or
nsferred or conveyed only as a single unit;
subdivision
ionsol idation
of any unplatted portion of The
and re-subdivision of any platted
and
imp
appl
aining, filling, dredging or diking of wetlands
areas, or alteration or manipulation of ponds, water
r watercourses, without the
e Land Trust;
prior express written
an
improv
any use or activity which causes
any surfaceleant pollution of
f) subject only to the
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lent
expressly reserved
commercial, or
rights
rantor- - -_________ hereby reserves to ।
representatives, heirs, devisees
or is likely to cause
or subsurface waters; .
regarding structural
in Paragraph 4 below, any
industrial construction or
Grantor and to the personal
i, assigns, and successors in
interest of Grantor, all rights accruing from the ownership of
The Property in fee simple absolute which have not been granted
to The Land Trust hereby, without limiting the generality of the
foregoing reservation, the following rights are expressly
reserved:
(a) to. utilize for single-family residential purposes the
following portions of The Propsrty:
[i] that portion of Block 13 lying Southwesterly of the
right of way of that certain roadway known as Old Discovery Road,
and Lots 1 to 3, inclusive, and Lots 10 to 12, inclusive, in
Block 18, Phillip’s Addition to the City of Port Townsend, as per
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CONSERVATION EASEMENT
Kilham/Jefferson Land Trust
Page No. 4
plat recorded in Volume 2 of
County, together with that
vacated by City Ordinance ng.
operation of Taw;
ats,page 2, records of Jefferson
rtion of vacated 13th Street, as
923, which would attach thereto by
Eisenbeis
recorded
County;
PROVIDED,
residence
[ii] Lots 3 i
Addition to
and 4, in
in Volume 2 of )* +
lats
HOWEVER, that 1 no
real property
paragraphs (i]
may be construct
described
and 4 i i]; ai
for use as a
cabin (believed
which is situat
North 1/2 of L
Addition to the
Volume 2 of Pla
portion of Lot
ock 324, Supplementary Plat of
of Port Townsend, as per plat
page 24, records of Jefferson
than one single-fami ly
on each of the multi-lot parcels of
in the immediately preceding sub-
itinue to use, maintain and/or reconstruct
family residence the log and cedar shake
ive been constructed in approximately 1890)
he South 1/2 of Lots 3, 4, 5 and 6, and the
8,79 and 10, in Block 6, W. C. Hammond’s
of Port Townsend, as per plat recorded in
je 37, records of Jefferson County, and that
1 2 of Block 23 of Phillip’s Addition to the
City of Port Townsend, as per plat recorded in Volume 2 of Plats,
page 2, records of Jefferson County, adjacent to the South 1/2
of Lot 6 and the North 1/2 of Lot 7 of Block 6 of said W. C.
Hammond’s Addition and lying between the West line of said 1/2
lots and the East boundary of the right of way of Cliff Street;
PROVIDED, HOWEVER, that if it is no longer economically feasible
to maintain said cabin, or if said
t ha '
cha
page 2,
single-family
be constructed
cabin is destroyed, no more
residence similar in scale and
on the real property collectively
a
. (b) to construct and maintain such agricultural buildings as
may be necessary and appropriate to the agricultural activities
which may be undertaken from time to time on The Property;
PROVIDED, HOWEVER, that such agricultural buildings may only be
situated within that portion of The Property bounded to the West
by the East boundary of the right of way of Cliff Street, bounded
to the East by the East boundary of the right of way of vacated
Gibbs Street, bounded
property described in
the East boundary of
to the South by the'North line of the real
sub-paragraph (a) [iii] above extended to
the right of way of vacated Gibbs Street ,
and bounded to the North by . a line which is parallel to and 150
feet. South of the South right of way of 14th Street arid which is
equal in length to the South boundary line described hereinabove;
(c) any provision set forth in Paragraph 3 (d) above to the
contrary notwithstanding, to repair and maintain an existing
waterline which passes through a portion of the drainage area
referred to herein and, for the sake of convenience, to continue
to cross over said drainage area for the purpose of vehicular
access to portions of The Property transected by said drainage
area; and
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CONSERVATION EASEMENT
KiIham/Jefferson Land Trust
Page No. 5
(d) to permit all or any
to a natural state should
discontinue or suspend agricul
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Recognizing that it may be possible to adversely affect the
conservation values of_____________ The Property unintent tonally while
exercising rights reserved hereby. Grantor will notify The Land
Trust prior to undertaking any activities pursuant to the rights
reserved in sub-paragraph (b); such activities will not be
undertaken without the approval of The Land Trust.
5. The purpose o
prior to undertaki
the foregoing1
Grantor to notify The
permitted activities, as
opportunity /to
designed and car
of this Easeme
notify The Land
paragra
ensure
s to
the
afford The Land
Land Trust
provided in
Trust the
activities in question are
prior to
question.
d out in a manner consistent with the purpose
Whenever notice is required, Grantor will
ust in writing not less than thirty (30) days
Grantor intends to undertake the activity in
ice will specifically describe the nature.
scope, design, and location, as well as any other material aspect
of the proposed activity, in sufficient detail to permit The Land
Trust to make an informed judgment as to its consistency with the
purpose of this Easement.
5.1 Whenever approval of The Land Trust is required, as provided
in paragraph 4, such approval will be either granted or withheld
within thirty (30) days of Grantor’s written request therefor.
Approval may be withheld only upon a reasonable determination by
The Land Trust that the activity as proposed would be
inconsistent with the purpose of this Easement.
5.2 If a dispute arises concerning the consistency of any
proposed use or activity with the purpose of this Easement,
Grantor agrees not to proceed with the use or activity pending
resolution of the dispute, and either party may refer the dispute
to arbitration by request made in writing upon the other. Within
fifteen (15) days of the receipt of such request, each party will
designate an arbitrator and the arbitrators so designated will
jointly designate a third arbitrator; PROVIDED, HOWEVER, if
either party fails to select an arbitrator, or if the. two
arbitrators selected by the parties fail to select a third
arbitrator within fifteen (15) days, then, in each such instance
a proper court, on petition of a party, will appoint the second
or third arbitrator, or both, as the case may be. The matter will
be settled in accordance with the Washington arbitration statute
then in effect, and an arbitration award may be entered in any
court of competent jurisdiction. The prevailing party will be
entitled, in addition to such other relief as may be granted, to
recover a reasonable sum to defray its costs and expenses related
to the arbitration, including, without limitation, the fees and
expenses of the arbitrators and attorney’s fees, which will be
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CONSERVATION EASEMENT
Kilham/Jefferson.Land Trust
Page No. 6
determined by the
jurisdiction which
i
U eToner A
arbitrator!
may bi
award or the issue of co
called ii and exp
any court of competent
n to enforce or review the es.
6. If The Land Trust deter
the terms of this Easement
Land Trust will give writte
corrective action to cure
violation involves injury
or activity inconsistent
restore The Property o
fails to cure the viola
of notice thereof from
which the violation ca
(30) day period, fails
nes that Grantor is in, violation of
that a violation is threatened. The
notice”thereof to Grantor and demand
he violation and, in the event the
i The Property resulting from any use
hthe purpose of this Easement, to
ion thereof so injured. If Grantor
such violati
action at la
to enforce t
ex parte as
on within thirty (30) days after receipt
ie Land Trust, or, under circumstances in
tot reasonably be cured within a thirty
o begin curing the violation within the
or fails to continue diligently to cure
ally cured, The Land Trust may bring an
recover an
the terms
values pro
for the
Easement, N
condition
iw or in equity in a court of competent jurisdiction
he termsof this Easement, to enjoin the violation,
necessary, by temporary or permanent injunction, to
damages to which it may be entitled for violation of
of this Easement or injury to any of the conservation
tected thereby, including, without limitation, damages
loss
and
the conservation values protected by this
equire the restoration of The Property to the
limi
sole
unde
existed prior to any such injury. Without
ing Grantor’s liability therefor, The Land Trust, in its
discretion, may apply any damages recovered to the cost of
require
.terms o
ng any corrective action on The Property. If The Land
n its sole discretion, determines that circumstances
immediate action to prevent threatened violations of the
this Easement, The Land Trust may petition a court of
competent jurisdiction for appropriate injunctive relief. Grantor
agrees that the remedies of The Land Trust at law are inadequate
and that The Land to the injunctive relief,
both mandatory and prohibitive, in addition to such other relief
to which The Land Trust may be entitled, including specific
performance of the terms of this Easement, without the necessity
of proving either actual damages or the inadequacy of otherwise
available legal remedies. The remedies of The Land Trust as
described in this paragraph are cumulative and are in addition to
all remedies now or hereafter existing at law or in equity.
6.1 Any costs incurred by The Land Trust in enforcing the terms
of this Easement against Grantor, including, without limitation,
costs of suit and attorney’s fees, and any costs of restoration
necessitated by Grantor’s violation of the terms of this Easement
will be borne by Grantor.
6.2 Enforcement of the terms of this Easement is at
discretion of The Land Trust, and any forbearance to exercise
rights under this Easement in the event of any breach of
the
any
its
v 382 *467
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s CONSERVATION EASEMENT
Ki lham/Jeffarson
Page No. 7
Land Trust
terms by Grantor
such term or of
may not be de
any subsequen
term of this Easement or
under this Easement. Nod
the exercise of any right
nstrued to be a waiver of
of the same or any other
rights of The Land Trust
ion by The Land Trust in
may impair such right or remed:
6.3 Nothing contained in th
r remedy—upon any breach by Grantor
e construed as a waiver,
sement may be construed to
entitle The Land Trust to bring any action against Grantor for
1 The Property resulting from causes beyond
ir, including, without limitation, fire,
earth movement, or from any prudent action
any injury or change in
the cent rol of
flood, storm, ai
taken by Grantor
or abate signif
causes.
ranto
der emergency conditions to prevent,
nt damage to The Property resulting
mitigate,,
from such
7. No right
conveyed by t
ccess to The Property by the general
Easement.
public is
8. Grantor retains all responsibility and will bear all costs and
liabilities of any kind related to the ownership, operation, and
maintenance of The Property. Grantor will pay all taxes assessed
against The Property by governmental authority as they become
due. To preserve its rights under this Easement, The Land Trust
may, but is in no event obligated to make payment of any taxes
upon five (5)—'days prior written notice to Grantor and the obligation to The Land Trust created by such payment will bear
interest until paid by Grantor at the same rate imposed by the
relevant governmental authority for the late payment of the tax
so paid by The Land Trust.
8.1 Grantor will hold harmless, indemnify, and defend The Land
Trust, its members, officers, directors, employees, agents, and
contractors, and the heirs, personal representatives, successors,,'
and assigns of each of them (collectively referred to as'
"Indemnified Parties") from and against all liabilities.
penal'
claim
reasom
with:
Is, costs, losses, damages, expenses, causes of action
demands, or judgments, including, without.I imitat ion
inable attorney's fees, arising from or in any way connected
injury to or the death of any person, or physical
any property, resulting from any act, omission,
ir other matter related to or occurring on or about
The Property, regardless of cause, unless solely attributable to
the negligence of any of the Indemnified Parties; (2) the
obligations specified in paragraph 8; and (3) the ’existence and
administration of this Easement. .... \
damage to
condi t i on,
9. If circumstances arise in the future which make it impossible
to accomplish the purposes of this Easement, this Easement can
only be extinguished
judicial proceedings
_ circumstances arise
or terminated, in whole or in part, by
in a court of competent jurisdiction. If
whichmake it appropriate to modify or amend
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CONSERVATION EASEMENT
Kiiham/jefferson Land Trust
Page No. 8
ind Trust are free to jointly
WEVER, that there may be no
qualification of this Easement
able laws, including Sections
84.34.250 of She Revised Code of Washington, and
this Easement, Grantor and The
amend this Easement; PROVIDED,
amendment which would . affect the
or The Land Trust under any appl
64.04.130 and
Section 170(h) of the Internal Revenue Code of 1954, as amended,
and any amendment will be consistent with the purpose of this
Easement and may not affect its perpetual duration. The document
executed by Grantor and (The y Land Trust for the purpose of
cordance herewith will be recorded inamending this Easement i
the Official Records 7 of Jferson County.
9.1 This Easement is transferable; PROVIDED, HOWEVER, that The
Land Trust may assign its rights and obligations hereunder only
--*-n that is a qualified organization at the time
ion 170(h) of the Internal Revenue Code of
to an organization
of transfer under Se
1954, as amended (or any successor provision then applicable),
and the applicable regulations promulgated pursuant thereto, and
authorized to acquire and hold conservation easements under
Sections 64.04.130 and 84.34.250 of the Revised Code of
Washington (or any successor provision then applicable). As a
condition of such transfer. The Land Trust will require that the
conservation purposes that this grant is intended to advance
continue to be carried out.
9.2 If The Land Trust ceases to exist or to be a qualified
organization under Section 170(h) of the Internal Revenue Code of
1954, as
conservat iol
amended, be authorized to acquire and hold
easements under Sections 64.04.130 and 84.34.250 of
the Revised Code of Washington, and a prior assignment is not
made pursuant to sub-paragraph. 9,1 above, then the . rights and
obligations of The Land Trust under this Easement will
immediately vest in The Trust for Public Land. If The Trust for _
Public Land is no longer in existence at the time the rights and
obligations under this Easement would otherwise vest in it, or if
The Trust for Public Land is not authorized to acquire and hold
conservation easements as provided for an assignment pursuant to
'this paragraph 9, or if The Trust for Public Land refuses such
rights and obligations, then
this Easement will vest in
competent jurisdiction may
the rights and obligations under
such organization as a court of
direct pursuant applicable
Washington law, giving due regard to the requirements regarding
an assignment' pursuant to this paragraph 9.
10. Grantor agrees to incorporate the terms of this Easement in
any deed or other instrument which divests Grantor of any
■ interest in all or any portion of The Property, including,
without limitation, a leasehold interest. Grantor further agrees
to give written notice to The Land Trust no less than thirty (30)
days prior to such transfer. The failure of Grantor to perform
any act required by this paragraph will not impair the validity,
of this - Easement or limit its enforceability to any degree
382-469
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CONSERVATION EASEMENT
Ki l ham/Jef f erson Land Trust.
Page No. 9
whatsoever.
11. Grantor acknowledges that this easement has economic value
and that, in the event of condemnation, The Land Trust will be
entitled to receive just compensation in accordance with
applicable law. ).
12. Upon request by Grantor, The Land Trust will within thirty
(30) days execute and deliver to Grantor any document, including
an estoppel certificate, which certifies Grantor’s compliance
with any obligation /of Grantor under this Easement or otherwise
evidences the status of this Easement .
13. Any notice, demand, request, consent, approval, or
communi cat ion /that either Grantor or The Land Trust desires or is
required to
personally i
prepaid, or
elect ronic
retained by
’ give to
del ivered
t ransmitt
t ransmitt
the trans,
the other must be in writing and either
or sent by first class mail, postage
as may be provided by
mailing address for each party
this instrument. ) ) ,
by electronic means with a copy of such
bearing the date of such transmittal
iter, to such address or telephone number -
ither party from time to time; the initial
is set forth at the beginning of
14, The Land Trust is to record this instrument in timely fashion
in the Official Records of Jefferson County, Washington and such
other jurisdiction in which any portion of The property may be
situated, and The Land Trust may re-record this instrument so
often as may be necessary preserve its rights in this Easement.
5. (a) The interpretation and performance of
overned by the laws of the State of Washington
(b) Any general rule of construction
this Easement ta
to the contrary
nding, this Easement is to be liberally construed in
he grant to effect the purpose of this Easement and the
at i on
to be
d purpose of
easements
ambiguous
purpose of this Easement
the Washington statutes authorizing
If any provision of this Easement is
an interpretation consistent with the
which would render the provision valid
is to be favored over any interpretation which would render such
provision invalid.
(c) If any provision of this Easement, or its application to
any person or circumstance, is found to be invalid, the remainder
of the provisions of this Easement, or the application of such
provision to persons or circumstances as to which it has not been
found to be invalid, as the case
thereby.
(d) This instrument sets forth
parties hereto with respect to the
prior discussions, negotiations, i
may be, may not be affected
the entire agreement of the
Easement and supersedes all
understandings agreements
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CONSERVATION EASEMENT
F
Kilham/Jefferson
Page No 10
Land Trust.
relating
(e)
to this
Nothing
Easement, al
contained i
forfeiture or reversion of
(f) All obl i gat ions
are joint and several.
(g) All covenants, t
this Easement are bindin
Grantor and Grantor’s
successors in interest,
successors in interest and
servitude in perpetuity ru
hi :
ant or
mposed
h are merged herein
trument is
tie in any
Grantor by
to result in a
respect.
this instrument
OLIVER FRANK KI HAM
ONDA ROLENA
"Grantor"
M
DOUGLAS G. MASON
President. .— P
ST ANTE
tary
Land
LI
'rust
ms, condit ions, and
upon and inure to
devisees, personal
id assigns, and The
restrictions of
the benefit of
representatives,
Land Trust, its
ns, and are to continue as a
with The Property.
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VOL 382 =471
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DEED OF CONSERVATION EASEMENT
Ki)ham/Jeffarson Land Trust
State of Washington) 3
) as.
County of Jefferson)
On this day personally
ONDA ROLENA KILHAM, ti
PR!before me OLIVER FRANK KILHAM and
8
in and who i
acknowledged
deed, for the
iven /under
1/—/,1992.
NOTARY PUBLI
residing at /,
My commission
executed t
that they
hi
uses and pi
y
e known to be the individuals described
s
nd an
within and foregoing instrument, arid
gned the same as their free act and
oses therein mentioned.
official seal this 3/* day of
i nand for the Stat
expires
f Was4ington, —
@ @ A 8
Nefary Pubic
STATE OF WASHINGTON
State of Washington)
\ . / / ) ssCounty of Jefferson)
On t
STEP)
the''! B.
is day
8
* 4*% %
My Comm. Exp.July 15 1996
before me personally appeared DOUGLAS G. MASON and
GRING, to me known to be the persons who executed
foregoing
ident and Secretary, respect ivel y
instrument, and to me known to be the
Washington
inst rument
nonprofit corporation
, of Jefferson Land Trust, a
and acknowledged the said
the free and voluntary act of said corporation, for
the uses and purposes therein mentioned, and on oath stated that
they are authorized to execute said instrument by authority of
its Board of Directors.
Given under my hand and seal this
- NOTARY PUBLIC i n and f o r the State of washington
.residing atYa6A£ *.
My commission expires /02-73 ✓ /
VOi
21
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EXHIBIT "A". (Cont.
the Westerly boundary of W.C
Port Townsend, as per plat r
records of Jefferson County,
ond’s Addition to the City of
din/Volume 2 of Plats, page 2,
Parcel Two
That portion of Lot 2 of Block 24 of Phillip’s Addition to the •
City of Port Townsend, as per plat recorded in Volume 2 of Plats,
page 2, records of Jefferson County, Washington, lying between
the Northerly and Southerly, lines of Lot 6 in Block 3 of W.C.
Hammond's Addition to the City of Port Townsend, as described
hereinabove. .//
10 EXHIBIT
7
« 382.474
, 7 '
88 p.-46
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sRRacnNfieeAM011:55<9- “ 2*aseee
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heerblacssalL
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Pseudotsuga menziesii
Amelancier alnifolia
Sambucus racemosa
Crataegus monogyna
Populus trichocarpa
Prunus emarginata
Mt. Ash
Pine
Deodar
Spruce
Lilac
Rosa eglanteria
Symphoricarpus aIbus
Ribes sanguineum .
Rubus discolor / \
Rubus pedatus ( /)
Lonicera ciliosa <
Anaphalis margaritacea
. Veronica sp. [ (/
Silene sp. (scouleri?)
Plantago major/
Geranium molle
Trifolium pratense
Rumex acetosella .
Lupinus arboreus
Achillea milleffolium
Taraxacum off
Ranunculus sp
1
Crucif
Vicia J
Montia
several $spp
Lei
Var
astrum sp (arvense)
liumaparine
ma minor /
cus spp.(effusus)
ious Gramineae.
Arbi. Thu
utus menziesii
ja plicata
Salix Popul Acer: i
muloides hyllum
Corylus cornuta
Norway Maple
Arborvitae
7 Redwood : )
Apple •
Berberis nemrosa
Holidiscus discolor
Gaultheria shallon
Shepardia canadensis
Rubus parviflora
Fragaria Virginia
Pteridium aquilinum
Glecoma hedracae
Mysosotis aryensis 1.
Plantago lanceolata
Arctium minus
Trifolium repens
Trifolium dubium
Rumex crispus
Urtica dioica
Halva sylvestris
Latuca sp.
Composit several spp.
Vicia sativa
Anthemis sp
Hedicago sativa
Cirsum spp. - . r . ..3
Carex obnupta .
Phalaris arundinacea
_ Most of the property is in pasture. There is a hedgerow of
native shrubs and trees surounding the property. A natural drainage
corridor crosses the property and in several areas there1 are
wetlands. There are landscape and garden plants around the living
areas that are not included in this list.
The Quaking Aspens are most likely remnants of the original
wetland vegetation that survived in the hedge rows. They are making
a comeback in
Port Townsend
usually occur
the wet areas. This is the second wetland area in
where Populus tremuloides has been found. They
at higher elevations on the Olympic Peninsula.
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DEED
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THIS DEED OF TRUST ("Security
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JEFFERSON mmE COMPANY B* 3 I
_MARI 6 GAeCURY—FFERSCN CO’NTY AUDITOR
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TRUST
JULY 31, 1992
814
)R I * *
&)R I EE I*I
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. The grantor is
.and whose
N % I ? 7 ) ? / < 7 B E*
("Lender"). Borrower owes Lender rhe principal sum of
> < ,
" ! 0 ' ' E ?I ' ).
This debt is evidenced by Borrower’s note dated the same date as this Security Instrument ("Note”). which provides for monthly
payments, with the full debuifnot paid earlier, due and payable on &N 1, 2012 . This Security
Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest. and all renewals. extensions and
i) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of
(c) the performance of Borrower’s covenanis and agreements under this Security Instrument and the
lifications of the Note;
$! ., Instrument. - .
Note. For this purpose. Borrower irrevocably grants and conveys w Trustee, in trust, with power of sale, the following describedis put
perty located in 9 County. Washington:
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WASHINGTON.
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which has the address of
Washington
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(Zip Code]
08 !"5 . ++! 8O
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CD -6R[WA) 191051
AUG 0 4 892
VHP MORTGAGE FOAUS -(313;293-6100-18001521-7291
Form 3048 9/90
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Form 3048 4.90. ),
1
C -6R(WA) (01os)
382 478 O
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5. Hazard or Property 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 any other hazards, including floods or
flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender-—
requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender’s approval which shall not*
. be unreasonably withheld. If Borrower fails to maintain coverage described above. Lender may, at Lender’s option, obtain
coverage to protect Lender’s rights in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable to Lender aand shall include a standard mortgage clause. Lender shall
have the right to hold .the policies and renewals. If Lender requires. Borrower shall promptly give to Lender all receipts of paid
premiums and renewal notices. In the event of toss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower. V. / (
Unless Lender and. Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoration or repair is economically feasible and Lender’s security is not lessened. If the restoration or
repair is not economically feasible or Lender’s security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or net then due, with any excess paid to Borrower. If Borrower abandons the
Property, or does not answer within 30 days a noticefrom Lenderthat the insurance carrier has offered to settle a claim, then
Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured
by this Security Instrument, whether or not then duc.The 30-day period will begin when the notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph
2) the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the .
Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately •
prior to the acquisition.' 4 . .
6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower’s Loan Application; Leaseholds.
Borrower shall occupy, establish, and use the Property as Borrower’s principal residence within sixty days after the execution of
this Security Instrument and shall continue to occupy the Property as Borrower’s principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower’s control. Borrower shall not destroy, damage or impair the Property,
allow the Properly to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or
proceeding, whether civil or criminal, is begun that in Lender’s good faith judgment could result in forfeiture of the Property or
otherwise materially impair the lien created by this Security Instrument or Lender’s security interest Borrower may cure such a
default and reinstate.
2 •
graph 18, by causing the action or proceeding to be dismissed with a ruling that, in
Lender’s good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment
the lien created by this Security instrument or Lender’s security interest, Borrower shall also be in default if Borrower, during the
loan application process, gave materially false or inaccurate information of statements to Lender (or failed to provide Lender with
any material infonnation) in connection with the loan evidenced by the Note, including. but not limited to, representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower
shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the ( ( $
not merge unless Lender agrees t the merger in writing.
/ 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in
this Security Instrument,/or there is a legal proceeding that may significantly affect Lender’s rights in the Property (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations). then Lender may do and pay
for whatever is necessary to protect the value of the Property and Lender’s rights in the Property. Lender’s actions may include
paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable
attorneys’fees;and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender
doesnot have to do so.
Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security
■ ’ Instrument Unless Borrower and Lender agree to other, terms of payment. $ amounts shall bear interest from $ ( A (
disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment
8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security
Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect If. for any reason, the.
mortgage insurance coverage required by Lender lapses or ceases to be in effect. Borrower shall pay the premiums required to
obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost DE equivalent ( $
cost to Borrower of the mortgage insurance previously in effect, from an altemate mortgage insurer approved by Lender. If
substantially equivalent mortgage insurance coverage is not available. Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effect. Lender will accept. use and retain these payments as a loss reserve in lieu of mortgage insurance, Loss reserve
Form 3041
GD-6R(WA) (0105)-
vo 382 479
=====================G+ +
2A
-Er
$23, 2-
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T.
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payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period
__ ___ that Lender requires) provided by an insurer approved by Lender, again becomes available and is obtained. Borrower shall pay the
premiums required to maintain mongage insurance in effect, or to provide a toss reserve, until the requirement for mortgage
insurance ends in accordance with any written agreement between Borrower and Lender or applicable law.
9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give .
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. . .
10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any
condemnation or other taking of any pan of the Property, or for conveyance in lieu of condemnation, arc hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Property, the proceeds shall be applicd to the sums secured by this Security Instrument,
whether or not then duc, with any excess paid to Bo Tower. In the event of a partial taking of the Property in which the fair market
value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security
Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of
the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the
taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the
Property immediately before the taking is less than the amount of the sums secured immediately before the taking, unless
Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the
sums secured by this Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers io make an
award or scile a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender
is authorized to collect and apply the proceeds, at its opton, either to restoration or repair of the Property or to the sums secured
by this Security Instrument, whether or notthen due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone
the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. 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 Security Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release the liability of the original Borrower or Borrower’s successors in interest. Lender shall not be required to
commence proceedings against any successor in interest or refuse to extend time for payment or otherwise nullify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower’s successors
in interest Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any
right or remedy. \. / .
12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of- this
s
R
Security Instrur
paragraph 17. ,
ill bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of
r’s covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
t execute the Note: (a) is co-signing this Security instrument only to mortgage, grant and convey that
F
Borrower’s inicrest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums
secured by this Sccurity Instrument: and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or ;
make any accommodations with regard to the terms of this. Security Instrument or the Note without that Borrower’s consent
13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges,
and that law is finally, interpreted so that the interest or other loan charges collected or to be collected in connection with the loan
exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.
\ Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to
Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge
underthe Note. *. . ..
’ 14, Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it
by first class mail unless applicable. law requires use of another method. The notice shall be directed to the Property Address or
any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender’s
address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security
Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph.
15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the
jurisdiction in which the Property is located. In.the event that any provision or clause of this Security Instrument or the Note
conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to
be severable. .. -,*
t
Form 3048'
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16. Borrower’s Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument
17. 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) without
Lender’s prior wriuen consent. Lender may. at its option, require immediate payment in full of all sums secured by this Security
Instrument However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this
Security Instrument \
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 Security
Instrument if Borrower fails t pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted
by this Security Instrument without further notice or demand on Borrower. 7
18. Borrower’s Right to Reinstate. If Borrower meets certain conditions. Borrower shall have the right to have
enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as
applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale, contained in this Security
Instrument; or (b) entry of a judgment enforcing thisSecurityInstrumentThose conditions are that Borrower: (a) pays Lender all
sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but
not limited to, reasonable attorneys’ fees; and (d) ties such action as Lender may reasonably require to assure that the Hen of this
.... Te ./-and Borrower’s obligation to pay the sums secured by this Security
iastatemcnl by Borrower. this Security Instrument and the obligations secured
Nation had occurred. However, this right to reinstate shall not apply in the case of
Security Instrument, Lender’s rights in the Property
)
instrument shall continue unchanged. Upon reit
hereby shall remain fully effective as if no accele
acceleration under paragraph 17. / , - _ , . ---------
19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security
Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known
as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument There also may be one or
more changes of the Loan Servicer unrelated ta sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and
address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other
information required by applicable law./ .
20. Hazardous Substances, Borrower shall not cause or permit the presence, use. disposal, storage, or release of any
Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property
that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use. or storage on the
Property of small quantities of Hazardous Substances that arc generally recognized to be appropriate to normal residential uses
and to maintenance of the Property. / . .
Borrower shall promptly give Lender written notice of any investigation, claim, demand. lawsuit or other action by any
governmental or regulatory agencyor private party involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any
removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law. *
As used in this paragraph 20, "Hazardous Substances" arc those substances defined as toxic or hazardous substances by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic ■
pesticides and
this paragraph
to health, safety
solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in
I Law" means federal laws and laws of the jurisdiction where the Property is located that relate
protection.3
NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows:
<21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower’s breach of
any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 unless
applicable law provides otherwisel The notice shall specify: (a) the default; (b) the action required to cure the default; (c) *
a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d)
that failure to cure the default on or before the date specified! in the notice may result in acceleration of the sums secured
by this Security Instrument and sale of the Property at public auction at a date not less than 120 days in the future. The
notice shall further inform Borrower of the right to reinstate after acceleration, the right to bring a court action to assert
the non-existence of a default nr any other defense of Borrower to acceleration and sale, and any other matters required to .
be included in the notice by applicable law. If the default is not cured on or before the date specified in the notice. Lender, .
at its option, may require immediate payment in full of all sums secured by this Security Instrument without further
demand and may invoke the power of sale and any other remedies permitted by applicable law. Lender shall be entitled to
collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to,
reasonable attorneys’fees and costs of title evidence.
If Lender invokes the power of sale. Lender shall give written notice to Trustee of the occurrence of an event of default
and of 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 time required
-6R(WA) (910s)
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by applicable law and after publication of the notice of sale. 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 any order Trustee determines. Trustee may postpone sale of the Property for a period or periods —
permitted by applicable law by public announcement at the time and place fixed in the notice of sale. Lender or its .
designee may purchase the Property at any sale. 1 .
Trustee shall deliver to the purchaser Trustee’s deed conveying the Property without any covenant or warranty,
expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made
therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not
limited to, reasonable Trustee’s and attorneys’ fees; (b) to all sums secured by this Security Instrument; and (c) any excess
to the person or persons legally entitled to it or to the clerk of the superior court of the county in which the sale took place.
22. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey
the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to
Trustee. Trustee shall reconvey the Property without warranty and without charge to the person or persons legally entitled to it
Such person or persons shall pay any recordation costs. / 1 /
23. Substitute Trustee. In accordance with applicable law. Lender may from time to time appoint a successor trustee to any
Trustee appointed hereunder who has ceased to act Without conveyance of the Property, the successor trustee shall succeed to all
the title, power and duties conferred upon Trustee herein and by applicable law.
24. Use of Property. The Property is not used principally for agricultural or farming purposes. .
, 25. Riders to this Security Instr
Security Instrument, the covenants ai
the covenants and agreements of this
(Check applicable box(es)] / (
□ Adjustable Rate Rider \
• Graduated Payment Rider)
t I Balloon Rider
□ VA. Rider
BY SIGNING BEL
any rider(s) executed by
Witnesses:
ient. Ifoneormore riders are executed by Borrower and recorded together with this.
agreements of each such rider shall be incorporated into and shall amend and supplement
urity Instrument asif the rider(s) were a part of this Security Instrument
• Condominium Rider IS 1-4 Family Rider
• Planned Unit Development Rider L Biweekly Payment Rider
Ds] Rate Improvement Rider I | Second Home Rider
LOter(s) [specify]
W. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in
Borrower arid recorded with it. f .
BEVERLY J PIEI -Borrower
—(Seal)
-Borrower
INGTON
(Seal)
-Borrower
(Seal)
County of ) A
On this day personally appeared before me BEVERLY J. PIERCE
to me known to be the individual
. acknowledged that SHE
therein mentioned.
described in and
signed the same as • .HER
who executed the within and foregoing instrument, and
free and voluntary act and deed, for the uses and purposes
GIVEN under my hand and official seal this •arer:day of JULY 1992
My Appointment Expires
8 .+ BF' *2 *% % of Washington, residing at
SEQUIM •
C -5R(WA)(1os)Form 3048 9/90
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1-4 FAM
Assignm of
PER
its
THIS 1-4 FAMILY RIDER is made this / 3
incorporated into and shall be deemed to amend and
"Security Instrument") of the same date given by the
$55 + !
day JULY BB* 0 +
the Mortgage, Deed of Trust or Security Deed (the
(the "Borrower") to secure Borrower's Note to
) > 7 7 )
of the same date and covering the
7 0 8) + ! O
indie Security Instrument and located at:
EB ) 7 %
T &? / < 7 B *
Address)
1-4FAMILY(O in
Borrower and Lender further covenant
addition to the covenants and agreements made in the Security Instrument,
id agree as follows:
A. ADDITIONAL PROPERTY SUBJECT TO THE SECURITY INSTRUMENT. In addition to the
Property described in the Security Instrument, the following items are added to the Property description, and shall
also constitutethe Property covered by the Security Instrument: building materials, appliances and goods of every
nature whatsoever now or hereafter located in, on. or used. or intended to be used in connection with the Property,
including, but not limited t, those for the purposes of supplying or distributing heating, cooling, electricity, gas,
water, air and light, fire prevention and extinguishing apparatus. security and access control apparatus, plumbing,
bath tubs, water heaters, water closets, sinks. ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers,
awnings, storm windows, storm doors, screens. blinds, shades, curtains and curtain rods, attached mirrors, cabinets,
panelling (and attached floor coverings now or hereafter attached to the Property, all of which, including
replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security
Instrument Allof the foregoing together with the Property described in the Security Instrument (or the leasehold
estate if the $! . Instrument is on a leasehold) are referred to in this 14 Family Rider and the Security
Instrument as the "Property.”
J (B. USE OF PROPERTY; COMPLIANCE WITI LAW. Borrower shall not seek, agree to or make a
change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change.
Borrower shall comply, with all laws, ordinances, regulations and requirements of any governmental body
applicable to the Property.
C. SUBORDINATE LIENS. Except as permitted by federal law; Borrower shall not allow any lien inferior
to the Security Instrument to be perfected against the Property without Lender’s prior written permission.
3 D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other
hazards/for which insurance is required by Uniform Covenant 5.
• E. "BORROWER’S RIGHT TO REINSTATE" DELETED. Uniform Covenant 18 + +'
/F. BORROWER’S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, the first
sentence in Uniform Covenant 6 concerning Borrower’s occupancy of the Property is deleted. All remaining
covenants and agreements set forth in Uniform Covenant 6 shall remain in effect
G. ASSIGNMENT OF LEASES. Upon Lender’s request, Borrower shall assign to Lender all leases of the
Property and all security deposits made in connection with leases of the Property. Upon the assignment, Lender
shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender’s sole
discretion. As used in this paragraph G, the word ‘lease’ shall mean "sublease" if the Security Instrument is on a
leasehold.
MULTSTATE 1-4 FAMILY RIDER -Fannie Nae/Freddie Mac Uniform instrument Form 3170 9/90
Cb-57 (8102)VHP MORTGAGE FOAMS - £13,202/2100 ■ 10001521-1291
Wi 382—483
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H. ASSIGNMENT OF RENTS; APPOINTMENT OF
Borrower absolutely and unconditionally assigns and transfers to L
Property. regardless of to whom the Rents of the Property ar
agents to collect the Rents, and agrees that each tenant of the
pay;
ECEIVER; LENDER IN POSSESSION,
iderall the rents and revenues ("Rents") of the
ible Borrower authorizes Lender or Lender’s
agents. However, Borrower shall receive the Rents until 0 Lender
paragraph 21 of the Security Instrument a
paid to Lender or Lender’s agent This
assignment for additional security only.
peny shall pay the Rents to Lender or Lender's
has given Borrower notice of default pursuant to
n notice to the tenant(s) that the Rents are to beid (ii) Lend. _______________ - . .____________________ ._________
assignment of Rents, constitutes an absolute assignment and not an
If Lender gives notice of breach to Borrower: (i) all Rents received by Borrower shall be held by Borrower as
trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall
be entided to collect and receive all of the Rentsof the Property: (iii) Borrower agrees that each tenant of the
Property shall pay all Rents due ant) unpaid to Lender or Lender’s agents upon Lender’s written demand t the
tenant; (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be '
applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not
limited to, attorney's fees, receiver’s fees, premiums on receiver’s bonds, repair and maintenance costs, insurance
premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security
Instrument; (v) Lender, Lender’s agents orany judicially appointed receiver shall be liable to account for only those
Rents actually received; and (i) Lender shall be entided to have a receiver appointed to take possession of and
manage the Properly and collect the Rents and profits derived from the Property without any showing as to the
inadequacy of the Property as security.
If the Rents of the Property are not sufficient to cover the costs of taking control of and managing the .
Property and of collecting the Rents anyfunds expended by Lender for such purposes shall become indebtedness of
Borrower to Lender secured by the Security Instrument pursuant to Uniform Covenant 7.
Borrower represents andwarrants that Borrower has not executed any prior assignment of the Rents and has
not and will not perform any act that would prevent Lender from exercising its rights under this paragraph.
Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control
of or maintain the Property Before or after giving notice of default to Borrower. However, Lender. or Lender’s
. agents or a judicially
shall not cure or waiv
the Property shall tern
ted receiver, may do so at any time when a default occurs. Any application of Rents
lefault or invalidate any other right or remedy of Lender. This assignment of Rents of
■hen all the sums secured by the Security Instrument are paid in full.
whic
BYj 4 Rider..
I. CROSS-DEFAULT PROVISION Borrower's default or breach under any note or agreement in
i Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the
lies permitted by the Security Instrument
IGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this 1-4 Family
N > ) 9
— (Seal)
-Borrower
_ (Seal)
-Borrower
-(Seal)
Borrower
— (Seal)
-Borrower
Form 3170 9/90.
V&i