NOTICE #4 Jensen
. ~n Data: 9'2 . Parcel q d~'
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f; F C E iV r D
gY; _ _ ' , • FiLEG Gfi RE~OZ P U
1 ,
tay By; (t.end Oev) , No. 4 R E Q - . W
NOTZCE TO THE PUBLIC
_ r ' AUG 1Z ~ 52 PM '92
AGR:Ev_ENT wAiviNG PROTEST TO FORMATION OF ROA.D IMPROVEMENT_pISTRIgT.: ~
1. 1. J11 y. KNOW ALL MEN BY THESE PRESENTS, That Paul J. Jensen, Earl A. ~'~nsenL;~a~z~~'fRY~"~~~nsen,
and Clifford Nordhagen
~ being the ownere of the 'following described lands in consideration of Mutual
Benefits to be hereafter derived do for themselves, their heirs, grantees and
assigng, hereby agree to the followings
There may be a need in the future to conetruct a public road to serve the
lands herein described. Said road ahall be constructed in accordance with
the then adopted County road 8tandards for public roade. Said road to follow, asinear as practicable, the existing County road right of way.
If additional right of way is required, the owners, thefr heira and/or
assign,s agree to deliver to Spokane County a properly aigned and executed
Right of way Deed covering the required additional right of way.
Tne owner(s) or suvices0"1~(g) in interest agree to authorize Spokane County
to place.a,their name.(s) on a petition for the formation of a Road.
Irr,provement Diszrict (RID) by;.the petition method pursdant to ChagtEr:9
36.88 RCw, which petition includes the owner(s) property, and further not .'to object, by the signing of a ballot, or not to protest to the formatiori . '
of aRID by the resolution method pursuant to Chapter 36.88 RCW, which'_ . ' resolution includes the owner(8) property. If a RID is formed by either the petition or reaolution method, as provided for in Chapter 36.88 RCW,
the owner(s) or successor(e) furthe,r agree: (1) that the improvemente or
construction contemplated within the propoaed RID ie feasible, (2) that
the..bene'fits to be derived from the formation of the RID by the property
included.,~.herein, together with the amount of any County participation,
ezce*ipde.the' cost and expense of formation of the RID, and (3) that the
proq~r~y °wi_t,hin the propoeed RID ie sufficientlydeveloped. Provided,
:fL-rther, ' the • owner ( s) or aucceasor ( s) 'shall retafn the right, ' as
,;aut=hori~zed• under RCW 36.88.090, toobject , to any asse8sment(s) on the
oreperty as a result of the improvemente called for in conjunction with
the*formation of a RID by either petition or resolution method under
chapter 36.88 RCw and to appeal to the Superior Court the decieion of the
Board of County Commissioners affirming the final assesament roll.
By allowing a building permit to be issued on property 'having access from
an unmaintained County road, Spokane County assumea no obligation for said
rvad, and the owners hereby acknowledge that the County has no obligatfon
of any kind or nature whatsoever to establieh, examine, survey, construct,
aZter, repair, improva, malntain, provide drai»age or enow removal on oaid
road. The requirement is and shall run with the land and shall be bindi.ng
upon the owners, thei.r heirs, succesaors or asaigns, until' said road ie
improved to County standards and accepted by the County for maintenance.
The abcve conditions and covenant apply to the following described property:
' Loi.s• 6 and 7, Block 2, NORDHAGEN'S SUBDIVISION, according to
plat recorded in Volume "5" of Plats, page 36.
Located in the Northeast Quarter (NE 1/4) of Section 18, Township
' 25.North, Range 45 East, W.M., situated in Spokane County, Washington.
?'he undersigned owners, their heirs, succeeeors or assigns hereby releaee Spokane
:~ounty, and all ite officers, employeea and agenta from any responsibili.ty or
?iability for any damage whataoever to the hereinabove degcribed lands and
improvementa thereon as a result of allowing a building permit to be iseued on
)roperty which is served by a Unmaintained County road.
,
~3 r~
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These requirements are and ahall run with the land and shall be binding upon the
owners, their heirs, succeseors or aseigns. Thia agreement ahall expire after ten
(10) year9 from the date of execution below.
!;i 1rtlTijEsS w?-iZ-0 REOF, I have hereunto set mY hand ( s) and seal ( s ) thisi~.• day
oi Ruaust , lg 92 , ✓
41
~ 0• r f 4Nordhag'en
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•i STATE OF WASHINGTON ~ -
COUNTY OF SPOKANE ) ss
.
On Lhis day pereonally appeared before me Clifford Nordhagen
personally known to me to be the individual(e) who executed the forgoing instrument
and acknowledged the said instrument to be the free and voluntary act and deed of
said individual(s), for the uses and purposes therein mentioned.
.
Gi-ven under,,my hand and seal this _ ~day of Auqust , 19 0
~ .
' U Notary Public -I~ and or the State of
P ua-`CQ) WASHZNGTON
.
1°' ' residing at Spokane , .
, T . .
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n F Vr r ` . . .
>00#00~„'''' TN WITNESS WHEREOF, I have hereunto set mY hand and seal this `o..•day . . • j;'-.., ,
1992. 4 ~
of August
~ • ~ tV i
o
: ~ t7 -
JEN5ER CONST UCTION INC.I by : w y
! • i
` ~ .
Paul J. J n, President Paul "J. "j)6ntisen for Mark: R:. Jensen .y • .4t
~ r .
Paul J. , Jensen*for Ear1 A. Jensen
STATE OF WASHINGTON ~
.89.
County of Spokane ,
On this \day of August A. D. 1992 , before me, the under-
signed, a Notary Public in and for tlst State of Washington duly commissianed
-ind sworn, personaJly appearea Paul J. Jensen
, m him
;a me known to be the individual described in and who esecuted the foregoing inatrument for aetf and
►s attorney in fact of Earl A. Jensen & Mark R. Jensen Fi1so therein deacribed, and acknowledged to me that
he ais;ned and scaled the same aa b15 voluntary act and deed and as the free and voluntary act and deed
f the sa.iA principles for the usea and purpoees thcrein tnentioned, and on oath
:ated that theQpZ~'~~aktttarney suthorizing the ezacution of this inatrument has not been revoked and that the said
Paul,,;-..:.,leis now living.
K7 u 7 ~i 1 . _ .
l~~' t i'• ~n F
w lT}F='s~~5 ~_~vd ofcial seal hereto af~'ixed the day and year in this cettific ve wYitten.
~ • ~ ~ ~ ~r pittp' i5 ~ ti~''~~-~~y'f`^'',Y "
~ • l~.`'y`'~ f~
~ V ♦.'~••\r ~ Washinc~t~on
q~~ • x ~~.?.~.,'Y,~'~" Notery Public in and for the State of
tesiding er Spokane
t. ~ ~ ~ ✓ i
, ~
'!.@"aa'-Acknowirdbment b} SeIf und us Attorney in Fact. Ticnr Titie In.i~~~4n-^
.
,
5 ~ . N AME
AD Q Sr,~/G0 r
, - .
aOMINISTRATIVE VARIANCE . ~
' . PHONE-NOM 9a~ -
S T . aS-N , R y~ ~ . 7~~--5~ . WORK ~ - ;~1-~~ - ~f S'~'~8c~~ .
NAME
ROAD NAME ~ : ~ . . - . . • • _ ~ " _ : ,r • .
' . I . . ~ - . 't. ~ y f~ ~ .
~ ~ . . . • ' _ .
Th,e \fol l`orring-Mocuments are . needed before the~wEngi neer's Department" can begi n
processi ng your variance, appl i ca,ti on as-(afproved• `4°:
. . . - - , ~ . ~`~.y. _ r„ . , . , •
RECORD'ED copy of ,~deed,~~ on,t~ac-t~r conveying -instrument these-..may*`be obtained
the County Auditor, 2,nd floor of the Courthouse - Document ws#~.display_
AU D I TO RS STMr-%,...~
, • . 1 egal desc ripti on. "o - . . . Y ~ ~t . ~ ~ . } . , f your access ,,asemen tJ.
. . . ~ ,~~4~' ' . . . . , . . _
, . . - - 1 C~ t l.. •7 , . ` ' ['i N . , • "J • .,J. ' . . r •
-a 1 i sti ng of the- names of i ndi vi dual s.who -wi 11=b'e 'si gni ng' the- documents whi ch wi 11 be prepared, by, ~the Engi neer's, Department. ~4--These.--•i ndi vi dual ; names shoul d
, appear as the person(s), legally sign -ttfeir name_:-'' (NAMES) . .
. ~ . curreAAssessor's ma which de icts the locat~'
. p p on of your proper. ty.and
micro-runy These rnay be obtained from the the County assessor, lst
:Own6rship
loor, of tne Courthouse, Jefferson entrance, 2nd door on the 1 eft.:
-
'r - _ - - . ~ '
The necessary documents will be prepared by the Engineer's Department,
~ ight-of-tJay Section, upon provision of the information noted above. You will be
noti_fied--4hen the documents are ready for si gnature. The documents may be sent to
you, however, IT SHOULD BE NOTEO THAT ALL SIGNATURES MUST BE NOTARIZED. The
Engineer's Department does have notaries available if you choose to sign the
documents at our offi ce.
Please call when ready Please mail when ready
tJoti ce to Publ i c No. 4/1 Ri ght-of-Way
COMMENTS
Ri ght-of-Way Agent Forward to you from ~
V
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"IX • ~ . ~ ~ ' ~ ` . L F. ~ ~ . ; - , . _.~.a.._.._.._ .
, CONTRACT OF SALE ,
~g
E s c row No.
AGREEMEN 'made this 30th day of JulY, 1992, bY and,.~jetween::MDMff
ENTERPRISES, a general partnership, as Seller, and JENSEN
CONSTRUCTIONr INC., as Purchaser, WITNESSETH :
That the Seller agrees to sell to the Purchaser and the
Purchaser agrees to purchase from the Seller upon the terms and
conditions hereinafter set forth, the following property legally
described as follows:
Lots 6 and 7, Block 2, Nordhagen's Subdivision, according
to Plat recorded in Volume 5 of Plats, Page 36, in
Spokane County, Washington.
Purchase Price is Eighteen Thousand and 00/100 ($18,000.00)
Dollars, payable as follows:
l.a) Ten Thousand ($10,000.00) Dollar credit on
Promissory Note dated February 26, 1986, in
original amount of $49,000.00 between Paul J.
Jensen, Payee, and Donald F. Allen, Mark R.
Jensen and Mark Lee Lanterman, Payors. In
addition monthly payments will be reduced by
$100.00. All parties agree Mark Lee Lanterman
is not signing this modification agreement.
Promissory Note is incorporated by reference.
b) Ten Thousand ($10,000.00) Dollar Promissory
Note with Jensen Construction, Payors, to Paul
J. Jensen, Payee, payable in increments of
$5,000.00 each in Lot 6 and 7 closing sales
respectively. Parties acknowledge this note
is secured by a Deed of Trust, and that Jensen
Construction is purchasing the property on
real estate contract, not obtaining title
vesting until the contract is paid in full.
Promissory Note is incorporated by reference.
2. Eight Thousand ($8,000.00) Dollar Promissory
Note from Jensen Construction, Inc. to MDM
Enterprises, a general partnership, payable in
increments of $4,000.00 each in Lots 6 and 7
closing sales respectively. Promissory Note
is incorporated by reference.
POSSESSION: Unless a different date is provided for herein,
the Purchaser shall be entitled to possession of said real estate
on date of closing and to retain possession so long as Purchaser is
not in default hereunder.
RETENTION OF TITLE AND SECURITY: Except as otherwise provided
herein, the Seller's title to the property described herein shall
remain in the Seller until the Purchaser shall have fully performed
the obligations described in this Contract. In addition, the
Purchaser grants to the Seller a security interest in all
condemnation awards and insurance proceeds which become payable as
a result of the real property. Purchaser further grants to Seller
a security interest in all improvements hereafter made by Purchaser
to the property and including replacement fixtures and equipment.
TITLE INSURANCE: The parties acknowledge that no title
insurance, nor any other form of title report has been ordered or
purchased on either above noted transactions. All parties
specif ically release McMullen & McMullen, P. S. from any obligation
to search the public records for liens, encumbrances, or defects to
Contract of Sale-1 920001251,''
~~cise lax PaitS ocy
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"SKPP" CH!(,OEgr;
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title. The parties agree that McMullen & McMullen, P.S. have
prepared documents for this closing as instructed and are unaware
of any other agreements surrounding this closing, other than as
stated above, and futher agree to hold McMullen & McMullen, P.S.
harmless from any claims, damages or difficulties that may arise
due to this agreement.
ESCROW: Allegro Escrow, E. 12817 Sprague, Spokane, Washington
is hereby designated by the Seller and Purchaser as escrow agent.
The Seller agrees to deposit the original of this agreement,
together with a deed suf ficient to convey to Purchaser the Seller' s
interest in the real property, with the designated escrow agent.
The said escrow agent is hereby authorized to receive monies under
the terms of this agreement, issue receipts therefor, and
distribute payments according to the terms of this agreement and
Seller's instructions. When the terms of this agreement have been
fully complied with by the Purchaser, the escrow agent is
authorized to deliver to the Purchaser the Seller's deed and other
documents being held by the escrow agent for safekeeping. Each of
the parties hereto agree to pay one-half (1/2) of the escrow fees
charged by the escrow agent unless otherwise specified in this
agreement.
TAXES AND ASSESSPZENTS: In addition to the payments herein
provided for, and except as otherwise discharged through any
reserve account, the Purchaser shall pay before delinquency all
real estate and personal property taxes, all general and special
assessments, and all other charges of whatsoever kind or nature as
may be levied or assessed by any lawful authority upon or against
the property, or the use thereof to the extent the same or any
installments thereof attributable to the ownership or use of the
property. If the Purchaser shall fail to pay real estate taxes or
assessments and such failure is not rectified within fifteen (15)
days following Seller's written demand to the Purchaser to do so,
and if such failure occurs two or more times during the term of
this Contract, the Seller may at Seller' s option, for the remaining
term of this Contract, pay the taxes and assessments as the same
fall due and add the amount so paid back to the balance owing on
this Contact. Additionally, the payments required on this Contract
shall be increased by one-twelfth (1/12) of the amount of the
annual taxes and assessments paid if payments under this Contract
are monthly, by one-fourth (1/4) if the payments under this
Contract are quarterly, or such other adjustments as may be
necessary. Payments shall be increased or decreased in the event
that taxes and assessments may increase or decrease. The parties
acknowledge and direct the closing agent not to verify or pro rate
payment of county property taxes or aquif er protection and agree to
hold McMullen & McMullen, P.S. harmless from any claims, damages,
or actions that may arise.
INSURANCE: The Purchaser shall, at Purchaser's sole cost
and expense, keep the property insured against loss or damage by
fire, wind storm, and all other casualties covered by "all risk"
endorsements available in the State of Washington and with such
additional coverages or endorsements as the Seller may reasonably
require from time to time. Said insurance shall be in an amount
not less than the fair market value of the property or one hundred
twenty percent (120%) of the unpaid principal balance owing on this
Contract, whichever is less. All insurance policies shall
expressly include the Seller or Seller's assigns as loss payee to
the extent of the balance owing on this Contract. In the event of
, a loss or damage to the property, the insurance proceeds may, at
the option of the Purchaser, be used to repair, rebuild or replace
the improvements, so long as the insurance proceeds are protected
in an escrow account for payment of the cost of improvements.
UTILITIES: The Purchasers shall pay for the cost of all
electric, power, gas, sewer, water, telephone, cable television,
refuse disposal service, and any and all other utilities furnished
to or used or consumed in, on, or about the property by the
Contract of Sale-2
f ' / • , ~ , .il ~v ' .r ',il - •1 ~ ~ 7
• h
Purchaser or by any person following the date of this contract, and
the Purchaser shall contract for the same solely in its own name.
Any such services used prior to the date hereof by any person other
than the Purchaser shall be the responsibility of the seller.
CONDITION OF PROPERTY: The Purchaser agrees that full
inspection of said real estate has been made, and the Purchaser
hereby accepts the property in the condition existing on the date
of this Contract and does further agree to maintain the property in
at least as good repair as the same was on the date of this
agreement. The Purchaser shall bear the risk of loss for the
complete or partial destruction or condemnation of the property
after the date of this Contract.
DEFAULT AND REMEDIES: Should the Purchaser fail to make
payments or to keep or perform any of the covenants and agreements
herein contained, the same shall constitute a default of this
agreement and the Seller may, at Seller's sole election, take the
following courses of action:
(a) The Seller may institute a lawsuit and obtain judgment
against the Purchaser for any delinquent amounts or other sums due
and payable under this Contract to the date of a judgment rendered,
together with any sums which may have been advanced by the Seller
in protection of the property, together with interest on all such
aiziounts at the default rate from the date each such amount was
advanced or due;
(b) Upon giving the Purchaser not less than fifteen (15)
days written notice in advance, within which time any monetary
default may be cured, the Seller may declare the entire unpaid
balance of the purchase price together with all interest then due
thereon to be immediately due and payable and institute suit to
collect such amounts together with any advancements made by Seller
and interest at the default rate of 12$ per annum unless the
contract rate is greater from date of acceleration;
(c) The Seller may cancel and render void all rights, titles,
and interest of the Purchaser or Purchaser' s successors in interest
in this Contract and in the property described herein by giving a
Notice of Intent to Forfeit pursuant to R.C.W. Chapter 61.30, and
said cancellation and forfeiture shall become effective if the
default therein specified has not been fully cured within ninety
(90) days thereafter, and the Sel.ler records a declaration of
forfeiture pursuant to said Chapter. Upon forfeiture of this
Contract, the Seller may retain all payments made hereunder by the
Purchaser and take possession of the property ten (10) days
following the date this Contract is forfeited and summarily eject
the Purchaser and any person or persons having possession of said
property by, through or under the Purchaser who were properly given
notice of intent to forfeit and the declaration of forfeiture;
(d) If this Contract includes the sale of personal property,
the Seller shall have all of the rights and remedies contained in
the Washington version Uniform Commercial Code in effect as of the
date of the Purchaser's default.
(e) The failure of the Seller to enf orce any of the above
remedies at any time upon violation of any of the terms of this
agreement by the Purchaser shall be deemed only an indulgence by
the Seller for that particular time and shall not be construed to
be a waiver of any rights of the Seller specified herein.
PRIOR ENCUMBRANCE: If the Purchaser has assumed or purchased
the property subject to a prior encumbrance, Purchaser agrees to
comply with all of the terms thereof and make the required payments
without delinquency. Failure to comply with the terms of such a
prior encumbrance shall constitute a default of this agreement. If
the Seller has agreed in this Contract to be responsible for a
prior encumbrance, Seller agrees to comply with the terms thereof
Contract of Sale-3
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c
without delinquency. Failure of the Seller to comply with the
terms of such a prior encumbrance shall constitute a default under
this agreement, and thereupon, at Purchaser's discretion, Purchaser
may pay such payments as are in default and deduct the amounts so
paid from the next payments coming due on this Contract.
COSTS AND ATTORNEY FEES: If either party to this Contract
shall be in default under the terms of this Contract, the non-
def aulting party shall have the right, at the defaulting party' s
expense, to retain an attorney to make any demand, enforce any remedy, or otherwise protect or enforce its rights under this
Contract. The defaulting party hereby agrees and promises to pay
all costs and expenses so incurred by the non-defaulting party
including, without limitation, arbitration and court costs, notice
expenses, title search expenses, and reasonable attorney fees, and
the failure of the defaulting party to promptly pay the same shall
constitute a further and additional default.
NOTICES: Any notices required or permitted by law or under
this Contract shall be in writing and shall be sent by first class
and certified or registered mail, return receipt requested, with
postage prepaid, to the parties' addresses set forth in this
agreement, conditioned that either party may change his address by
notice to the other party. All notices which are so addressed and
paid for shall be deemed effective three (3) business days
following the deposit thereof in the United States mail,
irrespective of actual receipt of such notice by the addressee.
Service of any notice shall also be effective if personally served
in the same manner as provided for service of a summons in legal
proceedings.
SUCCESSORS: Subject to the restrictions contained herein, the
rights and obligations of the Seller and the Purchaser shall inure
to the benefit of and be binding upon their respective estates,
heirs, executors, administrators, successors, successors in trust
and assigns; provided, however, no person to whom this contract is
pledged or assigned for security purposes by either party hereto
shall, in the absence of an express, written assumption by such
party, be liable for the performance of any covenant herein. Any
assignee of any interest in this contract, or any holder of any
interest in the property, shall have the right to cure any default
in the manner permitted and between the time periods required of
the defaulting party, but except as otherwise required by law, no
notices in addition to those provided for in this contract need be
given.
APPLICABLE LAW: This contract shall be governed and
interpreted in accordance with the laws of the State of Washington
and the venue of any action brought to interpret or enforce any
provision of this contract shall be laid in the county in which the
Real Property is situated. All sums herein referred to shall be
calculated by and payable in the lawful currency of the United
States.
TIME OF ESSENCE: Time is specifically declared to be of the
essence of this Contract and of all acts required to be done and
performed by the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement effective as of the day and ye r first above appearing.
SELLERS: MDM ENTERPRISES, a general pa nership, by:
f ,1,~ , r ~ .
MAR R. JENS N, MDM Enterprises PAUL JENSEN, MDM Enterprises
a general partner a withdrawing general partner
Contract of Sale-4
.
A • ^1 ~ i a 1 ~f(}1 ~ -f I~ i' j'i_ ~'r•
~
t~4~
DONALD F. ALLEN, MDM Enterprises AfiH ALLE , spouse of
a general partner ponald F. Allen
EAR`I, A. J EN, DM Enterprises R~UBY J S , MDM Enterprises
a general partner a gene a partner
PURC SERS: JENSEN CONSTRUCTION, INC., by:
Jen en Construction, Inc.,
By Paul J. Jensen, President
&ense-n (~'o ~truction, Inc., Jens&n Constroction, Inc.,
By Earl . Jensen, Vice President By Mark R. Jensen, Secretary
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this V-1- day of July, 1992, before me, the undersigned, a
Notary Public in and for said State and County, personally appeared
MARK R. JENSEN, DONALD F. ALLEN, EARL A. JENSEN, RUBY JENSEN, and
PAUL J. JENSEN, known to me to be the general partners of MDM
ENTERPRISES, a general partnership, that executed the within and
foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said partnership, for the uses
and purposes therein mentioned, and on oath stated that they are
authorized to execute said instrument for said partnership.
'OiTNESS my hand and official seal.
• ! A
oic
. NoOry Public in atid for the State
- of Washington, residin in ~okane
My commission expires
~
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this ~p day of July, 1992, before me, the undersigned, a
Notary Public in and f or said State and County, personally appeared
PAUL J. JENSEN, EARL A. JENSEN, and MARK R. JENSEN, known to me to
be the President, Vice President, and Secretary, respectively, of
Jensen Construction, Inc., the corporation that executed the
foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said corporation, for the
uses and purposes therein mentioned, and on oath stated that they
are authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
WITNESS my hand and official seal.
C '&W
Notary Public in afia f or the State
of Washington, residing in Spokane
My commission expires
Contract of Sale-5
r' 1
' • :1 ~ ~ ` ~'1~ _ 4 U t ~
- : L7~~ J.
STATE OF WASHINGTON )
) ss.
County of Spokane )
On this V& day of July, 1992, before me, the undersigned, a
Notary Public -in and f or said State and County, personally appeared
KATHY ALLEN, known to me to be the person whose name is subscribed
to the within instrument and who acknowledged that she executed the
same.
WITNESS my hand and official seal.
~
n
r
~
No ary Public in anc$"f or the State
of~ashington, residing, in S okane
My commission expires
Contract of Sale-6