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HomeMy WebLinkAbout060622ca06 4 615 Sheridan Street Port Townsend, WA 98368 c9ei%tson www.JeffersonCountyPublicHealth.org Consent Agenda Public Healt JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Veronica Shaw, Deputy Public Health Director DATE: __.„\tirJt )-a- SUBJECT: Agenda item — Water Pollution Control Loan, Parcel 966 900 122; Jefferson County; Thomas E. Fields and Pamela Fields; Full Reconveyance STATEMENT OF ISSUE: Jefferson County Public Health requests for Full Reconveyance Re: Water Pollution Control Loan; Parcel 966 900 122; Thomas E. Fields and Pamela Fields. ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: In 1992, through the Water Pollution Loan Program, Thomas E. Fields and Pamela Fields established a loan for a failing septic system which was coordinated by Jefferson County Public Health and Pioneer Title. Pioneer Title, Trustee on the original Deed of Trust, is no longer in business and therefore a Substitution of Trustee is necessary. FISCAL IMPACT/COST BENEFIT ANALYSIS The original Water Pollution Loan amount was $5,939.84 with 0.0% interest for 5 years, then 4% annually compounded. Amount received in 2022 totaled $15,834.64. RECOMMENDATION: JCPH management requests for Full Reconveyance and Substitution of Trustee Re: Water Pollution Control Loan; Parcel 702 254 012; Thomas E. Fields and Pamela Fields. REVIEWED BY: Mark McCauley unty Administrator Date Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) (f) 360-379-4487 Always working for a safer and healthier community • • Request for TO Reconveraisce The undersigned beneficiary'is the legal owner and holder of the promissory note In the ariginalAium of „inured by that"carteht Deed of Trust dated in which- Tvi .....••••••••••••••••••••••••••••• hiegiontor filed-for record as Auditor's File and recorded,In of Mortgages,at paga-25.1-25.9-....., reoordayt..Iazig42.-----.County, Wailthigton. The note-and all other itsdebtednessikured by said Deed of Trtitt having been fully satisfied. thanotitand Deed of To*are herewith surrendered to you foreancellation--and 4econveyertee.. • , You are therefore requested,aspen payment of all sums lowing to you,to locouvoy-.without warranty, to the person(I)entitled theretO,the rtle and intermit!uoveheliiihryouthereender. • • • • • ....... • -) ' ...... alams.11111s) ••••••••••••••••••••••••••••••••••• • • • • •••••••••••••••••••••••••••••••••••••••••••• • (Name--Ttihg L.P13,23 ferielf.a.IV.769 • • • • . , • • • • • AFTER RECORDING MAIL TO: First American Title Company 2424 S.Park Ave Port Townsend,WA 98368 SUBSTITUTION OF TRUSTEE Whereas,Pioneer Title,a Corporation,is the Original Trustee,and the undersigned,Jefferson County,is the present beneficiary under that certain Deed of Trust executed by Thomas E.Fields and Pamela Fields,husband and wife,as Grantors on October 07, 1992, said Deed of Trust was recorded in the office of the county recorder of Jefferson County on January 14, 1993 under recording number 356592,and covers real property situated in the county of Jefferson,State of Washington. Legal Description contained in said Deed of Trust. Whereas the undersigned Beneficiary hereby substitute a new trustee under said Deed of Trust in the place and stead of said Trustee: Now therefore, the undersigned Beneficiary hereby substitutes and appoints First American Title Company of Jefferson County,whose address is 2424 S.Park Ave,Port Townsend WA 98368 as Successor Trustee under said Deed of Trust. Dated Jefferson County.Washington (Beneficiary) By: By: STATE OF Washington COUNTY OF Jefferson } SS: I certify that I know or have satisfactory evidence that is/are the person(s)who appeared before me,and said person(s)acknowledged that he/she/they signed this instrument,and acknowledge it to be his/her/their free and voluntary act for the uses and purposes mentioned in this instrument. Dated: Notary Public in and for the State of Residing at My appointment expires: WATER QUALITY IMPROVEMENT LOAN AGREEMENT NUMBER 92-005-18 AGREEMENT made this d `/1day of k'(7. , 1992, by and between JEFFERSON COUNTY, hereinafter referred to as t�ie"COUNTY ,and Thomas E. Fields and Pam Fields and Egon Calundann and Marolyn Calundann hereinafter referred to as the "OWNER". COUNTY and OWNER agree as follows: 1. PREMISES: Owner shall have installed the rehabilitation measures described in the attached Exhibit"A", REHABILITATION MEASURES, hereinafter referred to as the 'REHABILITATION MEASURES",on the property located at 20 Mustano Lane, Brinnon WA 98320, hereinafter referred to as the "PREMISES". OWNER has provided a legal description of the PREMISES, which is set forth in the attached Exhibit"B". OWNER represents that he is the OWNER or CONTRACT PURCHASER of the PREMISES. 2. REHABILITATION MEASURES:OWNER represents that OWNER has contracted with a contractor or contractors acceptable to the COUNTY for the purchase and installation at the PREMISES of the REHABILITATION MEASURES. 3. LOAN: The COUNTY will loan OWNER the amount of Five thousand nine hundred thirty- nine and 84/100 dollars( ) hereinafter referred to as the"LOAN",after installation of the REHABILITATION M A URES. The COUNTY may make such LOAN by paying contractor on behalf of OWNER. OWNER shall be responsible for paying all other obligations to contractor above the amount of the LOAN. 4. PROMISSORY NOTE AND DEED:At the time of the LOAN,OWNER shall execute a promissory note, herinafter referred to as the "NOTE", to the COUNTY for the amount of the LOAN in the form set forth as Exhibit "C". The NOTE shall be secured by a deed of trust on the PREMISES, in the form attached as Exhibit "D", which shall be executed by OWNER simultaneously with the execution of the NOTE. 5. REPAYMENT OF THE LOAN: OWNER shall repay the LOAN pursuant to the terms specified in the NOTE. 6. SEPARATE CONTRACT:The purchase and installation of the REHABILITATION MEASURES are to be provided for under a separate contract between OWNER and contractor. COUNTY shall not be, and shall not be deemed to be, a party to such contract. All obligations to contractor shall be OWNER's and not COUNTY's responsibility. OWNER expressly acknowledges the COUNTY's involvement with respect to the REHABILITATION MEASURES, including but not limited to any inspection by COUNTY of the PREMISES or of the REHABILITATION MEASURES, is solely undertaken in connection with furnishing the LOAN. The types of materials,methods of installation,quality and timing thereof;and any warranties with respect to the REHABILITATION MEASURES or their installation at the PREMISES are solely matters to be agreed upon between OWNER and contractor. COUNTY does not make (and OWNER acknowledges that COUNTY does not make) any implied or express warranty (including but not limited to any implied warranty of merchantability of fitness), representation or promise with respect to either(a)the REHABILITATION MEASURES,(b)any materials and labor required for the installation of the REHABILITATION MEASURES,or(c)the installation of the REHABILITATION MEASURES. 7. RELEASE:OWNER releases COUNTY from any and all claims, losses, harm, costs, liabilities, damages, and expenses directly or indirectly resulting from or in connection with either (a) the REHABILITATION MEASURES, (b)any materials and labor required for the installation of the REHABILITATION MEASURES, or(c) installation of REHABILITATION MEASURES. 8. ENTIRE AGREEMENT: All exhibits hereto are incorporated into this AGREEMENT. This AGREEMENT sets forth the entire AGREEMENT between the parties and supersedes any and all prior agreements with respect to the REHABILITATION MEASURES. No change, amendment, or modification of any provision of this AGREEMENT shall be valid unless set forth in a written amendment to this AGREEMENT signed by both parties. Executed as of the date first hereinab written. i'1 Granting Authority: / / Dated chard o t, Chat IV /7/1 etterson County Board of Commissioners STATE OF WASHINGTON) 1 ss. County of Jefferson) On this day personally appeared before me,Yl-t' c,L��}�' 'r , ,,,,? and , to me known to be the andivi ua sdescried in an w o executed the foregoing instrument, and acknowledged to me that they signed and sealed this said instrument as their free and voluntary act and deed for the uses and r purposes therein mentioned. t Given under my hand and official seal this/today of ei . 1992. i 3 At. IC inyea-cf NOTARY i1BL1C in and for the State of Washington residing at Port Townsend. My commission expires. /6r /999 , 1 °wnertsl: ,� `f /�' /9 92 /9ii,/�92 ate \ Date /I Thom s E. Fields F Calundann am Fields aroly Calundann STATE OF WASHINGTON) 1 ss. County of Jefferson) n this daypersonally appeared before me .-!!c+-ii and/r/, ' c /.e/ ,,, to me known to be the individuals described in and who execute / the foregoing instrument, and acknowledged to me that they signed and sealed this said instrument as their free and voluntary act and deed for the uses and purposes \ i therein mentioned. i "t Given under my hand and offic' thi . y of / 1992. NOTA Y 13CI in and for the State of Washington residing i}AYIO E. TRIMMER at Port Townsend. STATE OF WASHINGTON I My commission expires NOTARY».--RAW I STATE OF WASHINGTON) Ea02496 40 1 ss. County of Jefferson) 1 On this day personally appeared before me ' l I IL), j k wad to me known to be the indivi ua s described et nd who executed the foregoing instrument, and acknowledged to me that they signed and sealed this said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official s al this fq y of f�� 199$ inMILI m and or the State of Washington residing atPort Townsend. My Q.5 commission expires REFERENCE: 92-005-18 EXHIBIT "A" REHABILITATION MEASURES The rehabilitation measures are those requirements or condi- tions stated in the sewage disposal permit issued by the Jefferson County Health Department and approved in April 1992 . REHAB NO: 92-005-18 EXHIBIT "B" PREMISES LEGAL DESCRIPTION: Lot 129, LAZY C RANCH, DIVISION 1, according to the plat thereof recorded in Volume 5 of Plats, pages 9 through 11, records of Jefferson County, Washington. JEFFERSON COUNTY C:. C °•• PLANNING AND BUILDING DEPARTMENT #�± , �- ? - ,. P.O. Box 1220 ,' _r` Port lbwnsend, Washington 98368 i i,` --�L "t. ' nj r Planning(206)385-9140 J Building(206)385-9141 FAX(206)385-9357 JEFFERSON COUNTY COURTHOUSE Craig Ward, Director EXHIBIT "C" PROMISSORY NOTE (Deferred Payment) NUMBER 92-005-18 Jefferson County, Washington FOR VALUE RECEIVED, undersigned owner(s) promises to pay to the order of Jefferson County, a political subdivision of the State of Washington, with its county seat in Port Townsend, Washington, hereinafter referred to as "BENEFICIARY," the sum of Five thousand nine hundred thirty-nine and 84/100 dollars, ($5.939,84) in lawful money of the United States of America, which is the actual costs of Rehabilitation Measures and Loan Costs associated with the project. Interest shall be charged on this NOTE as set out below. The principal and interest shall be payable to Jefferson County at the office of Jefferson County Treasurer at Port Townsend, Washington, or such other place as BENEFICIARY may designate in writing. The principal amount of this NOTE shall be due and payable at such time as: (1) the grantor dies; (2) the grantor fails to maintain his or her permanent residence on the real property which secures this NOTE, which is set out in the premises attached hereto as Exhibit "B" and the deed of trust attached hereto as Exhibit "D," and by this reference incorporated herein; or, (3) the real property subject to the deed of trust, attached hereto as Exhibit "D," is transferred, sold, or conveyed, or any interest in the said property is transferred, sold, or conveyed. Where grantors are husband and wife at the time of execution of this NOTE, a transfer of the interest of one spouse to the other on dissolution of marriage or on death will not constitute a transfer of interest which makes this NOTE due and payable. INTEREST RATE: There will be a Zero percent (0%) interest rate charge for the first five (5) years. An interest rate of Four percent (4%) per annum compounded annually will be charged thereafter on the unpaid balance of the LOAN. The interest will be collected at such time as the principal amount of this NOTE is due and payable. PREPAYMENT OF NOTE: The grantor may pay the debt evidenced by this NOTE in full, or may pay any portion, without penalty at any time; however, any such payment will be credited to grantor's account as if received on the final day of the current interest period. If default be made in the payment of the indebtedness when due, then, at the option of the holder of this NOTE, the entire indebtedness shall thereafter bear interest at the maximum rate permitted by law. If this NOTE is placed in the hands of an attorney for collection after any default, whether suit is brought or not, OWNER promises to pay all costs of collection, including reasonable attorney's fees, and agrees that at the option of the holder the venue of any such suit may be laid in Jefferson County, Washington. Failure of BENEFICIARY to exercise all or any of its rights herein shall not constitute a waiver of any of such rights. Each and every party signing or endorsing this NOTE hereby waives presentment, demand, protest, and notice of non-payment hereof and binds himself as a principal and not as a surety. This NOTE is secured by a deed of trust of evgts-date-terewith granted by OWNER to Jefferson County. y. . Beneficiary Representative: / - /9- bated Riehar o t, airman. erson County Boara of Commissio rs STATE OF WASHINGTON) ss. County of Jefferson) On this day personally appeared before me , Aa I� o. , to me known to be the individualfs) described i and who executed the foregoing instrument, and acknowledged to me that they signed and sealed this said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this ft day of 199g.15{ . C 4 C in and or the State of Washington residin at Poownsend. My commission expires der Own homes IT Melds : •" n a unarm ` ,may: Pam Melds arolyn ► fun ann STATE OF WASHINGTON) ss. County of Jefferson) On this day personally appeared before me jam` and/7/ ie ,'L. / to me known to be the individuals described'in and who executed t e oreg ing instrument, and acknowledged to me that they signed and sealed this said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this y of l ' 1992. A UB in an for the State of Washington residing t Port Town-tndbitio E • My commission expires c ./4 SUM OF WASHINGTON STATE OF WASHINGTON) NOT/ »e••P! ss. MLA()mires NM County of Jefferson) On this day personally appeared before m `' r r and , to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed this said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this IC.ti.day of Kod - 1992. NOTARPUBLIC in and for the State of Washington residing at Port Townsend. My commission expires_ , " , REFERENCE: 92-005-18 After recording, deliver to : Jefferson County Planning Dept. +32 VOL. P Ci 51' Or r s;L RECORDS (i PTC 29484 EXHIBIT D PIONEER I I OMPANY 3 JAN I4 PN1228 DEED OF TRUST NARY E.Of This Deed of Trust, hereinafter referred to as Security Instrument, is a onecagiQ2. The Grantors hereinafter referred to as Borrowers, are Thomas E. Fields itictilameleTpialdstiflabandJ and wife, as purchasers under an Option to Purchase Leased Real Estate entered into by said Thomas Fields and Pamela Fields as Lessee and Egon Calundann and Marolyn Calundann, husband and wife as Lessors. The Trustee, hereinafter referred to as Trustee, is Pioneer Title Company of Jefferson County. The Beneficiary, hereinafter referred to as Lender is Jefferson County, Washington, which is organized and existing under the laws of the State of Washington, and whose address is P. O. Box 1220, City of Port Townsend, County of Jefferson, State of Washington. Borrower owes Lender the principal sum of Five Thousand Nine Hundred Thirty Nine Dollars and 84/100 ($5,939.84). This debt is evidenced by Borrower's note dated the same date as this Security Instrument, hereinafter referred to as Note, which provides for payment terms. This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions, and modifications; (b) the performance of Borrower's covenants and agreements under this Security Instrument and the Promissory Note executed on October 7, 1992, hereinafter referred to as Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in Jefferson County, Washington, to-wit: Lot 129, LAZY C RANCH, DIVISION 1, according to the plat thereof recorded in Volume 5 of Plats, pages 9 through 11, records of Jefferson County, Washington, commonly known as 20 Mustang Lane Brinnon, Washington 98320, and is hereinafter referred to as Property Address. Together with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacement and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security instrument as the "Property". Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. Borrower and Lender covenant and agree as follows: SECTION I PAYMENT OF PRINCIPAL AND INTEREST Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note. 1 JAN VOL 4MIK.,253 SECTION II APPLICATION OF PAYMENTS Unless applicable law provides otherwise, all payments received by Lender under Section I hereof shall be applied: first, to interest due; and last, to principal due. SECTION III CHARGES; LIENS Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property that may attain priority over this Security Instrument,and leasehold payments or ground rents, if any. Borrower shall pay these obligations on time directly to the person owed payments. SECTION IV PRESERVATION AND MAINTENANCE OF PROPERTY; LEASEHOLDS Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. SECTION V INSPECTION Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice in writing at least twenty four hours prior to an inspection specifying reasonable cause for the inspection. SECTION VI 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 modify 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. VOL 4CK3 Mir 254 SECTION VII SUCCESSORS AND ASSIGNS BOUND; JOINT AND SEVERAL LIABILITY; CO-SIGNERS The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower„ subject to the provision of Section XIII hereof. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security 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. SECTION VIII 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 that 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 under the Note. SECTION IX LEGISLATION AFFECTING LENDER'S RIGHTS If enactment or expiration of applicable laws had the effect of rendering any provision of the Note or this Security Instrument unenforceable according to its terms, Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted by Section XV hereof. If Lender exercises this option, Lender shall take the steps specified in the second paragraph of Section XIII hereof. SECTION X 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 written 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. 3 VOL a FA, 255 SECTION XI 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. SECTION XII BORROWER'S COPY Borrower shall be given one conformed copy of the Note and of this Security Instrument. SECTION XIII 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 written consent, Lender may, at its option, require immediate payment in full of all sums as indicated by the Note and 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 thirty [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 to 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. SECTION XIV 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) five [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 this Security Instrument. Those conditions are that Borrower: (a) pays the Lender all sums that then would be due under this Security Instrument and the Note has no acceleration 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) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Sections IX or XIII hereof. rjec,4 VOL 400 rii.t4idiu SECTION XV 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 Sections IX or XIII hereof unless applicable law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than thirty [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 one hundred twenty [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 or 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, including, but not limited to, reasonable attorney's 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 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. Trustee shall deliver to purchaser Trustee's deed conveying the Property without any covenant or guaranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements 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. SECTION XVI LENDER IN POSSESSION Upon acceleration under Section XV hereof, or abandonment of the Property,Lender(in person, by agent or by judicially appointed receiver) shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Lender or the receiver shall be applied first to payment of the costs of management of the Property and collections of rents, including, but not limited to receiver's fees, premiums on receiver's bonds, and reasonable attorneys' fees, and then to the sums secured by this Security Instrument. VOL 400 FA,.c 2575 SECTION XVII 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. SECTION XVIII 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 the applicable law. SECTION XIX USE OF PROPERTY The Property is not used principally for agricultural or farming purposes. DD this _._ day of October, 1992. ./Trat_i_e 74,16 YTHOMAS E. DS PAM A FIELDS STATE OF WASHINGTON) ) ss. County of Jefferson ) On this day personally appeared before me Thomas E. Fields and Pamela Fields, husband and wife, to me known to be the individual(s)described in and who executed the foregoing instrument, and acknowledged to me that they signed and sealed this said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this oZ� day of-October, 1992. NOTAf2Y PUBLIC in Land f for . _� -, the State of Washington ` residing at iC (4 70 `/1t`m9' 6 VOL 4 !;, EGON CALUNDANN STATE OF WASHINGTON) ) ss. County of Jefferson ) On this day personally appeared before me Egon Calundann , to me known to be the individuals described in and who signed the foregoing instrument, and acknowledged to me that they signed and sealed this said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this a day of A)o-ede G' igg.t , ► *"" " 'p TARY PUBLIC in and f the State �, of Washington, residing atn oTAR,S• �,�. . OF WASH y„.I d /:de„,"i. , ,,,, /‘ gam=;✓"' ".'".iG'G..oi./ MAJCOLYN CALUNDANN STATE OF WASHINGTON) ) ss. County of Jefferson ) On this day personally appeared before me . Marolyn Calundann, to me known to be the individuals described in and who signed the foregoing instrument, and acknowledged to me that they signed and sealed this said instrument as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this. day of Oeteber 1992. N ARY PUBLIC in and f r the State of Washington, residing at G) 17 . `vtiXcu c I -/Y-9 Va 4O YA. 1165 Landes Court P.O.Box 1530 Port Townsend,WA. 98368 (360)385-3663 FAX 360-385-9561 Apri125, 1997 Thomas&Pam Fields Egon&Marolyn Fields 20 Mustang Lane Brinnon,Wa 98320 RE: Water Quality Loan#9-10014 We are pleased to advise you that your Jefferson County Water Quality Loan has been turned over to Quimper Community Credit Union to manage. Your agreement is still with Jefferson County. The terms,interest rates and methods of repayment will remain the same as originally disclosed. If you are currently making loan payments, please make them payable to: QUIMPER COMMUNITY CREDIT UNION P O Box 1530 Port Townsend,Wa 98368 Please note that this is a corrected address. As a resident of East Jefferson County you are eligibe for membership in our Credit Union. We offer all fmancial services including savings,checking,certificates,IRA's,loans,student loans,fee free notary service,VISA credit card,VISA check card,fee free travelers checks,safety deposit boxes,Christmas club,investment dug,kids club and teen club's. If we can be of any further assistance regarding any of our services please advise. Sincerely, QUIMPER COMMUNITY CREDIT UNION Judy-Kay Smith Senior Loan Officer