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HomeMy WebLinkAbout20250103000036 Deed of Trust Instrument Number: 20250103000036 Document:DT Rec: $307.50 Page-1 of 4 Record Date:1/3/2025 8:30 AM Electronically Recorded King County,WA After Recording Return to: City Attorney City of Auburn 25 W Main Street Auburn, WA 98001 Document Title: Deed of Trust Grantor(s): ZHEN HONG WU Grantee(s): CITY OF AUBURN Legal Descr.: Boulevard Lane Div #4 & 5 Tax Parcel No: 0984210550 DEED OF TRUST This Deed of Trust is made effective on / /- 22 by ZHEN HONG WU, a single individual, as Grantor, whose mailing address is 18517 131' Ave SE, Renton, King County, Washington 98058; Stewart Title Guaranty Company, as Trustee, whose mailing address is 1420 Fifth Avenue, Suite 440, Seattle, WA 98101; and the City of Auburn, as Beneficiary, whose mailing address is 25 W Main Street, Auburn, Washington 98001. Grantor hereby grants, bargains, sells and conveys to Trustee in trust, with power of sale, the following described real property in King County, Washington: LOT 55, BOULEVARD LANE DIVISION 4 AND DIVISION 5, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 89 OF PLATS, PAGES 29 AND 30, RECORDS OF KING COUNTY, WASHINGTON, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; which real property is commonly known as 18517 13 I Ave SE, Renton, King County, Washington 98058, and is not used principally for agricultural or farming purposes, together with all the tenements, hereditaments and appurtenances now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues and profits thereof. This Deed is for the purpose of securing performance of each agreement of Grantor incorporated by reference or contained herein, and payment of the principal sum of TEN THOUSAND DOLLARS AND 00/ 100 10,000.00), plus accruing unpaid interest, according to the terms of a Settlement Agreement of even date herewith, payable to Beneficiary, and made by Instrument Number: 20250103000036 Document:DT Rec: $307.50 Page-2 of 4 Record Date:1/3/2025 8:30 AM King County,WA • Grantor, and all renewals, modifications and extensions thereof; and also such further sums as may be advanced or loaned by the Beneficiary to Grantor, or any of their successors or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Deed of Trust, Grantor covenants and agrees: 1. To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure or improvement being built or about to be built thereon; to restore promptly any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the property. 2. To pay before delinquent all lawful 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 hereafter erected on the property continuously insured against loss by fire or other hazards in an amount not less than the total debt secured by this Deed of Trust. All policies shall be held by the Beneficiary, be with such companies as the Beneficiary may approve and have loss payable first to the Beneficiary, as its interest may appear, and then to the Grantor. The amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, all rights of the Grantor in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such action or proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust. 5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and the Trustee's fees and attorney's fees actually incurred, as provided by statute. 6. Should Grantor fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the property described herein, the Beneficiary may pay the same, and the amount so paid, with interest at the rate set forth in the Settlement Agreement secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. IT IS MUTUALLY AGREED THAT: 1. In the event any portion of the property is taken or damaged in an eminent domain proceeding, the entire amount of the award, or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to such obligation. 2 Instrument Number: 20250103000036 Document:DT Rec: $307.50 Page-3 of 4 Record Date:1/3/2025 8:30 AM King County,WA 2. By accepting payment of any sum secured hereby after its due date, the Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by the 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 and upon written request of Beneficiary, the Trustee shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at the Trustee's sale. The Trustee shall apply the proceeds of the sale as follows: (a) to the expense of the sale, including the Trustee's reasonable fees and reasonable attorney's fee; (b) to the obligation secured by this Deed of Trust; and (c) the surplus, if any, shall be distributed to the persons entitled thereto. 5. The Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the property which Grantor had or had the power to convey at the time of Grantor's execution of this Deed of Trust, and such as Grantor may have acquired thereafter. The Trustee's deed shall recite the facts Showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrancers for value. 6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; the Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 7. In the event of the death, incapacity, disability or resignation of the Trustee, Beneficiary may appoint in writing a successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original Trustee. The Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Tnist or of any action or proceeding in which Grantor, Trustee or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. 8. This Deed of Trust applies to, inures to the benefit of, and is binding riot only on the parties hereto, but on their heirs, devisees, legatees, administrators, executors and assigns. The term "Beneficiary" shall mean the holder and owner of the Note secured hereby, whether or not named as Beneficiary herein. 3 Instrument Number: 20250103000036 Document:DT Rec: $307.50 Page-4 of 4 Record Date:1/3/2025 8:30 AM King County,WA 9. If Grantor, without written consent of Beneficiary, conveys, sells, assigns, contracts to convey or sell or assign, grants an option to buy the property, permits a forfeiture or foreclosure of any of Grantor's interest in the property or the Deed of Trust, Beneficiary may at any time thereafter either raise the interest rate on the balance owing to the maximum amount allowed by law or twelve percent (12%), whichever is less, or declare the entire balance due and payable. 10, Grantor shall not cause or allow any monetary encumbrances to be placed on or against the property subject to this Deed of Trust without the advance express written consent of Beneficiary, which consent may be withheld in the sole and absolute discretion of Beneficiary. WITNESS the hand and seal of the Grantor on the day and year first above written. GRANTOR: ZHEN HOT\G WU GAO,4 STATE OF W-A-S141-N6TON'.--) ) ss. COUNTY OF A/OriviiK ) I certify that I know or have satisfactory evidence that ZHEN HONG WU is the person who appeared before me, and said person acknowledged that he/she/they signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument, Given under my hand and official seal this 02- day of 2024. (Signature) jiarvcio (Print Name) Notary Public in and for the State Residing at:at: /14fi My commission expires: 4