HomeMy WebLinkAbout9505050764 STATUTORY WARRANTY DEED 050595City, State, Zip AUBURN, WA 98001-4998
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STEWART TITLE COMPANY
of Washington, Inc.
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FILED FOR RECORD AT REOVEST OF l
STEWART TITLE COMPANY OF WASHINGTON, INC.
1201 Third Avenue, Suite 3800
Seattle, Washington 98101-3055
WHEN RECORDED RETURN TO
Name THE CITY OF AUBURN
Address 25 WEST MAIN
THIS SPACE PROVIDED FOR RECORDER'S USE r
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Statutory Warranty Deed
THE GRANTOR CRISTA MINISTRIES, INC., A WASHINGTON CORPORATION, WHO
ACQUIRED TITLE AS CHRISTA MINISTRIES,.INC., A WASHINGTON CORPORATION
far and in considoration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION
In bend paid. Conroyo'ond warrants to THE CITY OF AUBURN, A MUNICIPAL CORPORATION
the following dotcribed reel aetete, situated in the County of KING
, State of Washington:
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED
t! HEREIN
SUBJECT TO: 1
EXHIBIT "B" ATTACHED HERETO AND BECOMING A PART HEREOF
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Dated February 03. 1995 CRISTA MINISTRIES, INC.,/
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EXHIBIT "A"
Legal Description:
Lot D, Auburn Short Plat /20-80, as recorded under Survey Number
8101079005, and corrected by affidavit under Recording Number
8104280802, being a portion of Harvey H.,Jones Donation Claim in
Section 6, Township 21 North, Range 5 East, W.M., in King County,
Washington;
TOGETHER WITH an easement for ingress and egress as provided in
instrument recorded under Recording Number 8402020439 and clarified
by instrument recorded under Recording Number 9007311728.
EXHIBIT "B"
Subject To:
1. EASEMENT AND THE TERMS
AND CONDITIONS THEREOF:
GRANTEE:
City of Tacoma, a municipal corporation, for and on behalf of its
Department of Public Utilities, Water Division
PURPOSE:
Right of way and easement for the construction, reconstruction,
installation, operation, inspection and maintenance of a water
transmission pipeline,
or pipelines, and appurtenant equipment,
including telemetering
and control devices
RECORDED:
January 12, 1973
RECORDING NUMBER:
7301120133
AFFECTS:
Includes other property
2. EASEMENT AND THE TERMS
AND CONDITIONS THEREOF:
GRANTEE:
White River Power Company
PURPOSE:
Right to divert from the channel of said river any of the water of
said river and to carry the same into any other channel it may deem,
desirable
RECORDED:
September 24, 1902
RECORDING NUMBER:
242413
AFFECTS:
Includes other property
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3. EASEMENT AND THE TERMS
AND CONDITIONS THEREOF:
GRANTEE:
United States of America
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PURPOSE:
Power lines, telegraph lines or
V)
telephone lines
AREA AFFECTED:
A strip of land 100 feet in width
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RECORDED:
December 20, 1940
RECORDING NUMBER:
3137685
AFFECTS:
Includes other property
4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: United States of America
PURPOSE:
Right to enter and to clear of timber, endangering trees, and brush;
to grade, level, cut, fill, drain, build, maintain, repair and
rebuild a road or highway and such culverts, bridges, turnouts,
retaining walls or other appurtenant structures as maybe necessary,
on over and across the land embraced within the right of way
RECORDED: September 29, 1941
RECORDING NUMBER: 3193689
AFFECTS: Includes other property
1 of 3
5. EASEMENT AND THE TERMS AND'CONDITIONS THEREOF:
GRANTEE: United States of America
PURPOSE:
The aforesaid easement and right of way is for the following
purposes namely; the perpetual right to enter and to erect,
maintain, repair, rebuild, operate, and patrol one or more electric
power transmission lines, and one or more telephone and/or telegrapt
lines, including the right to erect such poles and other
transmission line structures, cables, and the appurtenances
necessary thereto
RECORDED: October 31, 1941
RECORDING NUMBER: 3274476
AFFECTS: Includes other property
6. TRANSMISSION LINE AND ACCESS ROAD EASEMENT AND THE TERMS AND
-
CONDITIONS THEREOF:
GRANTEE: United States of America
PURPOSE:
Right to enter and erect, maintain, repair, rebuild, operate, and
patrol one or more line(s) of electric power transmission structures
and appurtenant signal lines, including the right to erect such
poles, transmission structures, wires, cables, and appurtenances as
are necessary thereto
RECORDED: June 23, 1959
RECORDING NUMBER: 5047640
AFFECTS: Includes other property
7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: King County
PURPOSE:
Right to enter upon land to construct, reconstruct, maintain and
repair a bank protection and/or other flood control works, includin6
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all appurtenances thereto, together with any enlargement or
V)
reconstruction thereof, and to trim, cut, fell and remove all such
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trees, brush and other natural growth and obstructions as are
necessary to provide adequate clearance and to eliminate
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interference with, or hazards to, the structures
AREA AFFECTED: Left bank of the Green River
RECORDED: August 22, 1962
RECORDING NUMBER: 5469852
8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: City of Auburn, a municipal
corporation
PURPOSE:
To enter upon said easement for the purpose of construction and
maintenance of landscape improvements including necessary cuts and
fills without incurring any legal obligation or liability therefor
AREA AFFECTED: Includes other property
RECORDED: May 6, 1971
RECORDING NUMBER: 7105060439
9. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT:
RECORDED: January 7, 1981
RECORDING NUMBER: 8101079005
Said survey was corrected by affidavit recorded under King County
Recording Number 8104280802.
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F11D By..
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10. Any question that may arise due to shifting and changing in course
of the Green River.
ll. Right of the state of Washington in and to that portion, if any, of
the property herein described which lies below the line of ordinary
high water of the Green River.
12. Any prohibition of or limitation of use, occupancy or improvement o:
the land resulting from the rights of the public or riparian owners
to use any portion which is now or has been formerly covered by
water.
13. Resolution Number 2357, a resolution of the City Council of the Cit}
of Auburn, Washington, approving the preliminary plat of a 134-Lot
Residential Subdivision to be known as "River Park Meadows" located
on the east side of "I" Street Northeast (if extended) in the
3200-3300 Blocks as recorded under Recording Number 9301201569.
14. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: The City of Auburn, a municipal
corporation
PURPOSE: A temporary non-exclusive easement
for for constructing, installing,
b` maintaining, repairing and monitorinc
two ground water monitoring wells
AREA AFFECTED: Said premises and does not define the
O exact location therein
RECORDED: March 21, 1994
RECORDING NUMBER: 9403210917
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"A Tradition
of Excellence"
STEWART TITLE COMPANY
of Washington, Inc.
FILED FOR RECORD AT REQUEST OF
STEWART TITLE COMPANY OF WASHINGTON, INC.
1201 Third Avenue, Suite 3800 HAY
Seattle, Washington 98101-3055
WHEN RECORDED RETURN TO
Name THE CITY OF AUBURN
CITY OF AUBURJ1
CITY CLERKS OFFICE
Address 25 WEST MAIN
City, State, Zip
AUBURN, WA 98001-4998
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Statutory Warranty Deed (r)
THE GRANTOR CRISTA MINISTRIES, INC., A WASHINGTON CORPORATION, WHO r)
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ACQUIRED TITLE AS CHRISTA MINISTRIES, INC., A WASHINGTON CORPORATION e,
cal
for and in consideration of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION i
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in hand paid, conveys and warrants to THE CITY OF AUBURN, A MUNICIPAL CORPORATION
the following described real estate, situated in the County of KING
CRI TA MIN S, INC.(
Dated February 03, 1995
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THIS SPACE PROVIDED FOR RECORDER'S USA""
, State of Washington:
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to Q ~O~
Z it-STATE OF WASHINGTON, ) Q 0"p~ 6
ss. 0e ~QO 8.
c- County of ) @C` ch0A1
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I hnrnhv enrtlfv that I knnw nr haun aAtlnfact- avldanea that
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a Is Me person(s) who appeared before me,
ci_i
u, and said person(s) acknowledged that (he,she,they) signed this instrument and
acknowledged It to be (his,her,thelr) free and voluntary act for the uses and
purposes mentioned In this Instrument.
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Dated:
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Notary Public In and for the State of Washington,
residing at
My appointment expires
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED
HEREIN
SUBJECT TO:
EXHIBIT "B" ATTACHED HERETO AND BECOMING A PART HEREOF
as.
i na `
t.ttadit4 at 1 know o have •etia aetory evidence that
7 is the person(s) who appeared before
me, and said person(s) acknowledged that (he,she.they) signed this instrument, on
oath staled that h-; / t5 authorised to execute
the Instrument and acknowledged It as the
of :,c /~Tyd /f?// /y1TLJE~~ to be the free and voluntary act
of such party for the us s alnd purposes mentioned In this Instrument.
/{'i h~
Dated:
Notary Public In and -for the State of Washington,
residing at
My appointment expires !
' c.
Legal Description:
EXHIBIT "A"
Lot D, Auburn Short Plat #20-80, as recorded under Survey Number
8101079005, and corrected by affidavit under Recording Number
8104280802, being a portion of Harvey H. Jones Donation Claim in
Section 6, Township 21 North, Range 5 East, W.M., in King County,
Washington;
TOGETHER WITH an easement for ingress and egress as provided in
instrument recorded under Recording Number 8402020439 and clarified
by instrument recorded under Recording Number 9007311728.
EXHIBIT "B"
Subject To:
1. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
City of Tacoma, a municipal corporation, for and on behalf of its
Department of Public Utilities, Water Division
PURPOSE:
Right of way and easement for the construction, reconstruction,
installation, operation, inspection and maintenance of a water
transmission pipeline, or pipelines, and appurtenant equipment,
including telemetering and control devices
RECORDED: January 12, 1973
RECORDING NUMBER: 7301120133
AFFECTS: Includes other property
2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: White River Power Company
PURPOSE:
Right to divert from the channel of said river any of the water of
said river and to carry the same into any other channel it may deem
desirable
RECORDED: September 24, 1902
RECORDING NUMBER: 242413
AFFECTS: Includes other property
3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: United States of America
PURPOSE: Power lines, telegraph limes or
telephone lines
AREA AFFECTED: A strip of land 100 feet in width
RECORDED: December 20, 1940
RECORDING NUMBER: 3137685
AFFECTS: Includes other property
4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: United States of America
PURPOSE:
Right to enter and to clear of timber, endangering trees, and brush;
to grade, level, cut, fill, drain, build, maintain, repair and
rebuild a road or highway and such culverts, bridges, turnouts,
retaining walls or other appurtenant structures as maybe necessary,
on over and across the land embraced within the right of way
RECORDED: September 29, 1941
RECORDING NUMBER: 3193689
AFFECTS: Includes other property
Iof3
5. EASEMENT AND THE TERMS ANU CONDITIONS THEREOF:
GRANTEE: United States of America
PURPOSE:
The aforesaid easement and right of way is for the following
purposes namely; the perpetual right to enter and to erect,
maintain, repair, rebuild, operate, and patrol one or more electric
power transmission lines, and one or more telephone and/or telegraph
lines, including the right to erect such poles and other
transmission line structures, cables, and the appurtenances
necessary thereto
RECORDED: October 31, 1941
RECORDING NUMBER: 3274476
AFFECTS: Includes other property
6. TRANSMISSION LINE AND ACCESS ROAD EASEMENT AND THE TERMS AND
CONDITIONS THEREOF:
GRANTEE: United States of America
PURPOSE:
Right to enter and erect, maintain, repair, rebuild, operate, and
patrol one or more line(s) of electric power transmission structures
and appurtenant signal lines, including the right to erect such
poles, transmission structures, wires, cables, and appurtenances as
are necessary thereto
RECORDED: June 23, 1959
RECORDING NUMBER: 5047640
AFFECTS: Includes other property
7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: King County
PURPOSE:
Right to enter upon land to construct, reconstruct, maintain and
repair a bank protection and/or other flood control works, including
all appurtenances thereto, together with any enlargement or
P~ reconstruction thereof, and to trim, cut, fell and remove all such
trees, brush and other natural growth and obstructions as are
necessary to provide adequate clearance and to eliminate
interference with, or hazards to, the structures
AREA AFFECTED: Left bank of the Green River
RECORDED: August 22, 1962
RECORDING NUMBER: 5469852
8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE: City of Auburn, a municipal
corporation
PURPOSE:
To enter upon said easement for the purpose of construction and
maintenance of landscape improvements including necessary cuts and
fills without incurring any legal obligation or liability therefor
AREA AFFECTED: Includes other property
RECORDED: May 6, 1971
RECORDING NUMBER: 7105060439
9. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS CONTAINED IN SHORT
PLAT:
RECORDED: January 7, 1981
RECORDING NUMBER: 8101079005
Said survey was corrected by affidavit recorded under King County
Recording Number 8104280802.
2 of 3
10. Any question that may arise due to shifting and changing in course
of the Green River.
11. Right of the state of Washington in and to that portion, if any, of
the property herein described which lies below the line of ordinary
high water of the Green River.
12. Any prohibition of or limitation of use, occupancy or improvement of
the land resulting from the rights of the public or riparian owners
to use any portion which is now or has been formerly covered by
water.
13. Resolution Number 2357, a resolution of the City Council of the City
of Auburn, Washington, approving the preliminary plat of a 134-Lot
Residential Subdivision to be known as "River Park Meadows" located
on the east side of "I" Street Northeast (if extended) in the
3200-3300 Blocks as recorded under Recording Number 9301201569.
14. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING,
BUT NOT LIMITED TO, THE FOLLOWING:
GRANTEE: The City of Auburn, a municipal
corporation
PURPOSE: A temporary non-exclusive easement
for for constructing, installing,
maintaining, repairing and monitoring
two ground water monitoring wells
AREA AFFECTED: Said premises and does not define the
exact location therein
1Pa RECORDED: March 21, 1994
RECORDING NUMBER: 9403210917
3 of 3
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RESOLUTION NO. 2 6 2 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR OF THE CITY OF AUBURN TO
EXECUTE PURCHASE AND SALE AGREEMENT, DEED OF TRUST AND NOTE
WITH CRISTA MINISTRIES RELATING TO THE NORTH CENTRAL BASIN
IMPROVEMENTS PROJECT.
WHEREAS, the City Council of the City of Auburn approved
Project No. 519, known as North Central Basin Improvements,
providing for storm water quality, detention and infiltration
facilities between 30th Street N.E. and 35th Street N.E. east
of "I" Street N.E. along the west bank of the Green River; and
WHEREAS, the purchase of said property provides for full
design of PR 519 and future construction of Phase 2 and Phase
3 of the North Central Basin Improvement project consisting of
storm water detention and infiltration; and
WHEREAS, Phase 1 of the North Central Basin Improvement
project lies directly east of the Riverpark Estates
subdivision and west of the Green River approximately 385 feet
south of said purchase property which provides for storm water
quality; and
WHEREAS, the full benefit of the North Central Basin
Improvement project will not be achieved without securing the
purchase of this property consisting of construction of Phase
2 and Phase 3; and
Resolution No. 2620
March 13, 1995
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES THAT:
Section 1. The Mayor of the City of Auburn is hereby
authorized to execute Purchase and Sale Agreement, Deed of
Trust and Promissory Note with Crista Ministries for the
purchase of Tax Parcel 000400-0098, also known as Lot D,
Auburn Short Plat No. 20-80 for the sum of $1,300,000.00
relating to the North Central Basin Improvements Project. A
copy of said Agreement, Deed and Note are attached hereto,
designated as Exhibits "A", "B" and "C" and incorporated by
reference in this Resolution.
Section 2. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directives of this legislation.
DATED and SIGNED this 20th day of March, 1995.
CITY OF AUBURN
CHARLES A. BOOTH
MAYOR
Resolution No. 2620
March 13, 1995
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ATTEST:
Robin Wohlhueter,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 2620
March 13, 1995
Page 3
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PURCHASE AND SALE AGREEMENT
In the matter of the North Central Basin Utility
Improvements project, Parcel No. 000400-0098.
THIS AGREEMENT is made and entered into by and between the
City of Auburn; a municipal corporation of the State of
Washington, hereinafter referred to as the "City", and the
undersigned owner, hereinafter referred to as the "Owner(s)":
WITNESSETH
WHEREAS, the City affirms and the Owner(s) agree(s) that the
Owner's(s') real property described herein is required by the
City for the construction of storm drainage and water quality
facilities.
AND WHEREAS, the City has made a firm and continuing offer
to pay the amount of one million three hundred thousand dollars
and no cents ($1,300,000.00) under the terms of a Note secured by
a Deed of Trust as set forth below, for the purchase of the
following described real property in Auburn, King County,
Washington:
Lot D, Auburn Short Plat #20-80, as recorded under Survey
Number 8101079005, and corrected by affidavit under Recording
Number 8104280802, being a portion of Harvey H. Jones Donation
Claim in section 6, Township 21 North, Range 5 East, W.M., in
King County, Washington;
TOGETHER WITH an easement for ingress and egress as provided
in instrument recorded under Recording Number 8402020439 and
clarified by instrument recorded under Recording Number
9007311728.
NOW THEREFORE, it is understood and agreed that:
1. The owner(s) will convey to the City the real property
through a Statutory Warranty Deed, free and clear from all
encumbrances of every nature.
2. The purchase price for the above described property is in
the amount of $1,300,000.00.
3. The City will pay normal costs of closing, such as escrow
services, title reports and recording fees. Any outstanding
liens, assessments, taxation encumbrances that may have to be
removed to provide clear title to the City are to be satisfied in
escrow by the Owner(s) out of the proceeds of the sale.
4. Delivery of this Agreement is hereby tendered. HOWEVER, the
terms and obligations hereof shall not become binding upon the
c
City unless and until a resolution authorizing the acquisition is
adopted by the City Council.
5. Terms for purchase are as follows:
A) Purchase Price of $1,300,000.00;
1) Closing to be no later than May 31, 1995;
H) Ten percent (10%) down payment in the amount of
$130,000.00 to be deposited in escrow with Stewart Title
Insurance Company;
C) Remaining balance to be secured by a Note and Deed of
Trust, the terms of which are as follows:
1) Interest on the amount owed shall be 5% percent per
annum from the closing date until May 31, 1997 payable
in annual installments of $58,500.00 on May 31, 1996
and May 31, 1997.
2) The interest on the amount owed shall be 8% per
annum from May 31, 1997 until payment in full,
payable in annual installments of $93,600.00 on May 31,
1998, May 31, 1999 and May 31, 2000.
3) The balance of $1,170,000.00 plus accrued interest
if any shall be due and payable May 31, 2001.
4) No prepayment penalty;
5) Only recourse of City default will be repossession
of the real property to Crista Ministries, free of any
liens or encumbrances and returned to its original or
better condition plus a penalty of ten percent (10%) of
the remaining balance owed and any accrued interest.
Dated this day of Ally-C II , 19~.
Owner (s)
The City of Auburn
by: a.
ar es ooth, Mayor
Date: March 24, 1995
Attest:
Robin Wohlhuette/r, City Clerk
REF. H:\PROJ\PR519-22\E95-1
PROMISSORY NOTE
$1,170,000.00
Auburn, Washington
A TV
Na, 1
May 31, 1995
We, CITY OF AUBURN, WASHINGTON, a municipal corporation,
jointly and separately, after date, without grace, for value
received, promise to pay CRISTA MINISTRIES, a non-profit
corporation, or order, the sum of ONE MILLION ONE HUNDRED
SEVENTY THOUSAND AND No/100 ($1,170,000.00) DOLLARS with
interest thereon at the rate of 5t percent per annum from
date hereof until May 31, 1997, payable in annual
installments of FIFTY-EIGHT THOUSAND FIVE HUNDRED DOLLARS
($58,500.00) on May 31, 1996 and May 31, 1997. The interest
on the amount owed shall be 8% per annum from May 31, 1997
until payment in full payable in annual installments of
NINETY-THREE THOUSAND SIX HUNDRED DOLLARS ($93,600.00) on
May 31, 1998, May 31, 1999 and May 31, 2000, the balance
owed plus accrued interest shall be due and payable May 31,
2001. Only recourse of City default will be repossession of
the real property to Crista Ministries, free of any liens or
encumbrances and returned to its original or better
condition plus a penalty of 10% percent of the remaining
balance owed and any accrued interest. There shall be no
prepayment penalty. Maker may pay entire amount at any
time.
Principal and interest payable to CRISTA MINISTRIES at
19303 Fremont Avenue North, PO Box 330303, Seattle, WA
98133-9703.
If any interest and/or principal shall remain unpaid after
due, this note shall become due and payable at once without
further notice, at the option of the holder thereof.
This note shall bear interest at the rate of 12% percent per
annum after maturity or after failure to pay any interest
and/or principal payment, and if this note shall be placed
in the hands of an attorney for collection of if suit shall
be brought to collect any of the principal or interest of
this note, we promise to pay a reasonable attorney's fee.
Each maker of this note executes the same as a principal and
not a surety.
The entire balance of principal and interest due in full on
the 31st day of May, 2001.
CITY OF AUBURN, WASfiIN ~N Attest:
By: l.t. .~G
Charles as yor a n a ueter City Clerk
DATED: j'~~~-q5 r
Promissory Note
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