HomeMy WebLinkAboutFields, Thomas E. and Pamela Full Reconveyance - 060622 615 Sheridan Street
Port Townsend, WA 98368
ce11ihson www.JeffersonCountyPublicHealth.org
Public He� Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners -I
Mark McCauley, County Administrator �� (
FROM: Veronica Shaw, Deputy Public Health Director
DATE: --ItiNt . Dp?-d-
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 or' -I Deed of Trust, is no longer in business and therefore a Substitution of Trustee is
necessary. /
FISCAL IMPA' S -T ANALYSIS:
The original V' l/ ` ' -,/as $5,939.84 with 0.0% interest for 5 years, then 4% annually
compounde' L 1 $15,834.64.
RECOMMENDS., �
JCPH management req ilveyance and Substitution of Trustee Re: Water Pollution Control
Loan; Parcel 702 254 012; ,=ields and Pamela Fields.
REVIEWED BY:
A . / ,,,,4/ ...f....a. ,/41----
Mark McCauley, teunty 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
615 Sheridan Street
Port Townsend, WA 98368
etson www.JeffersonCountyPublicHealth.org
Public H@Glf Consent Agenda
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:
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 966 900 122; Thomas E. Fields and Pamela Fields.
REVIEWED BY:
Mark McCauley, County 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 Fu l Reconveyance
•
The undersigned beneficiary Is the legal owner and holder fof the promissory note in theoriginal sum of
—..,,, -_—. secured by that certain Deed of Trustdated«.....NN4.�.�4.b.2 . lo..��......,
in ....N.. ...»... ...«.......N.N».....»..».»«». *grantor
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fled-for record .....»....19.23...».;as Auditor's File Na �'. NNH.«w , and recorded,In
Volume... RQ • of Mortgages,at page...2.5.3 25.9.«»., records ef...J.c tc.r.sQ.NN .—....County. -Washington.
The note-and all other Indebtedness secured by said Deed of:Trust having been fully satisfied, the note•and
Deed•of 7tuat are(herewith surrendered'to you for°cancellation-and**conveyance..
.You are therefore requested,-upon payment:of all sums.owing to you,to.::rsconvey without warranty, to the
person(e) entitled thereto,the right, title and interest 1now`held'by:youtbereunder.
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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 hi A Z
J fferson County,Washington
(Benefici )
By
tdi 6(51'^hokr, C1`41-tV J Oc'C
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: (P/(P(2.Z
�rwP 6la
Notary Publi6'in and for the State of 114,5/4iJi/ 1? ea41,1'h'f of
\\\\\M\1 I 1 t) Residing at�.Q( to COv*'l'� " ,JO f�vSOI.
GP`L W
A .�°II My appointment expires: .3/7g/Z(,,
\‘‘‘‘ttittt
v?of RY`Rtol r1i, i #
lr : z 1 0
idip ►�� " vi
i T
///,IS1 TE Of'
WATER QUALITY IMPROVEMENT
LOAN AGREEMENT
NUMBER 92-005-18
AGREEMENT made this f rri'°day of ( T. 1992, by and between JEFFERSON COUNTY,
hereinafter referred to as t e COUNT , an nd 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 Mustang 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($5 4) hereinafter referred to as the "LOAN",after installation
of the REHABILITATION MEA 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) inctallation 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 hereinabove irw tten. h
Granting Authority: / i 1 _ J _/
7,,?af /r /59z. r Gv—,--.
Dated <shard ^o.t, Cha.i
etterson County Board of Commissioners
STATE OF WASHINGTON) -__
I as,
County of Jefferson)
On this day personally appeared before me , 4 t ► ,ri/ r1.tl., „?.,
and , to me known to be the Individual s descn ed in an 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 lf.e4day of e!iti . 1992.
cNOT,,. ,„,.,..„__
ARY,,,PUBLIC in and for the
State of Washington residing
PortI at Townsen
d.
e sJ � ', /99V
My commission expire
l
l Ownerfs):
Oc-74- /F /9 92 /947/92
Date Date / I
�'1 horn s E elds
a E n Calundann
atidilt.
Pam Fields fro frolyr(Calundann
I
STATE OF WASHINGTON)
► ss.
County of Jefferson)
epn
.
is dal,personally appeared before me .�//e,=mot and/7/ ,a`�{lr/,+r
.r to me known to be the in ividuals 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 offici thi y of Or.vZ 1992.
N0 1( PUBCI in nfor and the
State of Washington residing DAVID E. TRIMMER
at Port Townsend. // STATE OF WASHINGTON q
i My commission expiresC" NOTARY--t--RUBUC
I
My COMMila011 Wires 2-20%
STATE OF WASHINGTON)
I ss.
County of Jefferson) r�
On this day personally appeared before me , Rjp kb� i"' and_
to me known to be the individuals descri ed irVend 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 6day of—/ 19
1VO A lUBLI andth
State of Washington residing
at Port Townsend.
My commission expires 30 Q1
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
PLANNING AND BUILDING DEPARTMENT
F:
r- Et` .•,r` P.O. Box 1220
Port Townsend, Washington 98368
0 3.°N ''• ii' + Planning(206)385-9140
rIt t :#
— Building(206)385-9141
- ". -"I ,=-= 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 evgn-date'herewith granted by OWNER to Jefferson
County.
Beneficiary Representative:
Dated R:ichar o j t, airman
erson County Boara of Commissio rs
STATE OF WASHINGTON)
) ss.
County of Jefferson)
A ,
On this day personally appeared before me ,‘ ct.Ri (Vvpr
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 ft day of 199$
in an or t e
State of Washington residing at Po tjlownsend.
Owner: My commission expires
- 'Thomas E. Fields -fin Calundann
T, „1"*; ,. r r., ''y. Y —v-�* "0" ..[.-
Pam'Fields '` arolyn (undann
STATE OF WASHINGTON)
) ss.
County of Jefferson)
r, fr
On this day personally appeared before me = and/Mitz r
to me known to be the individuals described`in and who executed the foreg 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 ;4° - 1992.
NO AR UBL'fC in an for the
State of Washington residing t Port Town--nc vo E Thum
My commission expires ,,,,V,,.."74.415STATE OF WIiIPICTON
STATE OF WASHINGTON) NOTARY—•••MALE
) ss. •
County of Jefferson) �ExP Z•20A6
On this day personally appeared before me 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 i' day of d - 1992.
NOTARY PUBLIC in and for the
State of Washington residing at Port Townsend.
My commission expires.. - .` qg�
REFERENCE: 92-005-18
After recording, delive— to : Lgg ,`�#
Jefferson County Planning Dept, 356592 'Jot.. ,_, yi
Or Or 1C;4 ; CORDS
PTC 29484 EXHIBIT D P1ONEE 1' 't'.__OMPANy
:13 JAN 14 PN 12: 28
DEED OF TRUST HOr E.Gia
CtriRY
This Deed of Trust, hereinafter referred to as Security Instrument, ism eon to f 2.
The Grantors hereinafter referred to as Borrowers, are Thomas E. Fields d 'amel&- Ttran
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 ($5,939.84). This debt
is evidenced by Borrower's note dated the same date as this Security Instrument, hereinafter referred
to as Note, which provides for payment terms. This Security Instrument secures to Lender: (a) the
repayment of the debt evidenced by the Note, with interest, and all renewals, extensions, and
modifications; (b) the performance of Borrower's covenants and agreements under this Security
Instrument and the Promissory Note executed on October 7, 1992, hereinafter referred to as Note. For
this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the
following described property located in Jefferson County, Washington, to-wit:
Lot 129, LAZY C RANCH, DIVISION 1, according to the plat thereof recorded in Volume 5
of Plats, pages 9 through 11, records of Jefferson County, Washington, commonly known as 20
Mustang Lane Brinnon, Washington 98320, and is hereinafter referred to as Property Address.
Together with all the improvements now or hereafter erected on the property, and all easements,
rights, appurtenances, rents royalties, mineral, oil and gas rights and profits, water rights and stock and
all fixtures now or hereafter a part of the property. All replacement and additions shall also be covered
by this Security Instrument. All of the foregoing is referred to in this Security instrument as the
"Property".
Borrower covenants that Borrower is lawfully seised of the estate hereby conveyed and has the
right to grant and convey the property and that the Property is unencumbered, except for encumbrances
of record. Borrower warrants and will defend generally the title to the Property against all claims and
demands, subject to any encumbrances of record.
Borrower and Lender covenant and agree as follows:
SECTION I
PAYMENT OF PRINCIPAL AND INTEREST
Borrower shall promptly pay when due the principal of and interest on the debt evidenced by
the Note.
1
JAN 1 4 199$ VOL 400 ni.t 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.
ViIL 4 Yi.c254
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 400 PAwc 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.
4
VOL 400 Fh.2
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 YA..r 25'75
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.
D this day of October, 1992.
THOMAS E.'FIR DS PAMELA 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 3i day of•Oettober, 1992.
k
-
�- •� ;° NOTARY PUBLIC in and for-
. ;a .. the State of Washington
C • a residing at /.
von 40 J 6
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 l00-02e, 1g4.-
M. Sl ,
4"4 "" 44 N TARY PUBLIC in and f the State
pTARy 3 of residing at
OF W ►S
M OLYN 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.
Oeee�.2,
Given under my hand and official seal this day of 1992.
NOTARY PUBLIC in and f r the State
of Washington, residing at /, 5G)G17e .
epua 10-
t .
2111)
1165 Landes Court
P.O.Box 1530
Port Townsend,WA. 98368
(360)385-3663
FAX 360-385-9561
April25, 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 financial
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