1988, 05-13 Agreement of ConditionsAGREEMENT OF CONDITIONS
May 13, 1988
Reference: Ric A Berg
Short Plat No. SP -87-521
As a condition of approval of above Plat , Mr. Ric A. Berg
agrees to provide within 30 days, a Deed of Trust to be placed
on file at the Spokane County Planning Department and attached
to this Plat the stipulations of which are as follows:
1. That.before a building permit is issued for either
and/or both Parcel A and B of the above Plat , that
the owner of said Parcel shall provide 1/2 of the cost
of the purchase and installation of a fire hydrant
in. accordance, with__the • requirements. of. the. local_
Fire District and then place said monies in the
custody of the local Water District for the purpose
of paying the the purchase and installation of said
hydrant.
2. That a copy of said Deed of Trust shall be delivered
to Fire District 1 to be kept on file Until satisfaction
of the hydrant requirement is completed.
li
Ric A. Berg, Agent
Subscribed and Sworn before me this / Day of 1,1 1988
tary Pubic in and for the State i
of Washington, Residing in Spokane
es
1. In the event any portion of the property Is taken or damaged In an eminent domain proceeding, {he entire amount of the award or such penton
as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Benelklary to be applied to said obligation.
2. By accepting payment of any sum secured hereby after Its due date, Beneficiary does not waive Its right to require prompt payment when due
of all other sums so secured or to declare default for failure 10 so pay.
3. The Trustee shall reconvey all or any part of the property covered by thio Deed 01 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.
it, Upon default by Grantor in the payment of any Indebtedness secured hereby or In the performance of any agreement contained herein. all sums
secured hereby shall immediately become due and payable al the option of the Beneficiary. In such event and upon written request of Beneficiary.
Trustee shall sell the trust properly, in accordance with the Deed of Trust Act of the Slate of Washington. al public auction to the highest bidder. Any
person except Trustee may bld at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale. including a
reasonable Trustee's lee and attorney's lee; (2) to the obligation secured by this Deed of Trust: (3) the surplus, 11 any, shall be distributed to the persons
.. entitled thereto.
5. 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 a1 the time of his execution of this Deed of Trust, and such as he may have acquired thereafter. 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 tacie evidence of such compliance and conclusive evidence thereof in favor of bona fide purchaser and encumbrance's for value.
6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State o1 Washington is not an exclusive remedy; 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 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 Trust 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 roe only on the panics hereto, but on their heirs, devisees. legatees. administrators,
executors and assigns. The ttrm Beneficiary shall mean the holder and owner of thefiote sec re he whether or not named as Beneficiary herein.
IT I$ MUTUALLY AGREED THAT:
STATE OF WASHINGTON rt
COUNTY OFT
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this day personally apps red before me
L
to me known to be the individual described In and who
executed the within tar)d foregoing Instrument, and
ackn'owledged that
as`A.-N _ tree and v6lyintary act and deed,
for the uses and purposes therein mentioned.
signed the same
GIVEN under my hand and official s
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REOUEST FOR FULL RECONVEYANCE
Do not record. To be used only when note has ban paid.
TO: TRUSTEE
The undersigned is the legal owner and holder of the note and all other Indebtedness secured by the within Deed of Trust. Said note. together with
au other indebtedness secured by said Deed of Trust, has been fully paid and satisfied; and you are hereby requested and directed. on payment to
you of any sums owing to you under the terms of said Deed o1 Trust, to cancel said note above mentioned. and all other evidences of indebtedness
secured by said Deed of Trust delivered to you herewith. together with the said Deed of Trust. and to reconvey. without warranty. to the parties designated
by the terms of said Deed of Trust. all the estate now held by you thereunder.
Daied 19
DEED OF TRUST (For use In the State of Washington only)
THIS DEED OF TRUST, made this 14th day of June ,. ig 88 ,between Ric A. Berg
Jean I. Berg, husband and wife , GRANTOR, whose address is
P.O. Box 274, Greenacr.es, Wa. 99016 _
Spokhfie' County Title Company -" , TRUSTEE, whose address is W. 426 Boone ,
and Spokane County Planning , BENEFICIARY,
whoseaddresals N. 721 Jefferson, Spokane .Wa.
WITNESSETH: Grantor hereby bargains, sells and conveys to Trustn In Trust. with power of sale, the following described real property in
Spokane
County, Washington:
Parcel A and B of short plat #87521
as per plat recorded in volume 5 of
page 87, records of Spokane County.
which real propeny is not used principally for agricultural or farming purposes. together with all the tenements, hereditaments, and appurtenances
now br hereafter, thereunto belonging or In any wise appertaining, and the rents. Issues and profits thereof.
Thi§ deed is for the purpose of, that certain agreement of conditions dated
MAY 13, 1988 and attached hefeto.•
This deed is for the purpose of securing performance of each agreement of .grantor herein contained, and payment of the sum or
nine hundred Dollars (I 900.00
with interest, in accordance with the terms ol'a promissory note of even date herewith. payable to Beneficiary or order. and made by Grantor. and
all renewals, modifications and extensions thereof, and also such further sums as may be advanced or loaned by 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 (hereon; 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 lawlul•texes and assessments upon the properly; 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 described herein 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, and be in such companies as the Beneficiary
may approve and have loss payable first to the Beneficiary, as Its Interest may appear, and then to the Granton The amount collected under any in-
surance 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 attorneys 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. lees and expenses in connection with this Deed of Trust. including the expenses of the Trustee incurred in enforcing the obligation
secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute.
6. Should Grantor lad to pay when due any taxes, assessments, insurance premiums. liens, encumbrances or other charges against the property
nerernabove described, Beneficiary may pay the same. and the amount so paid, with interest al the rate set forth in the note secured hereby. shall
be added to and become a pan of the debt secured in this Deed of Trutt.
(continued on reverse side)