12
Parcel: 003-142-34-000 RESIDENTIAL SINGLE FAMILY 04/12/13 GRW:PIOR MOA/TAX DEED THIRD ADDITION BLK 24D LT 9 REAL ESTATE SERVICES PO BOX 196650 ANCHORAGE AK 99519 6650 Site: 001427 MEDFRA ST Lot Size: 7,000 ---DATE CHANGED- DEED CHANGED- Zone: R3 Owner: 11/26/12 StateID: 2012/0068525 Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! Grid: SW1432 HRA # : 000000 Plat: 00-0000 Ref #: ASSESSMENT HISTORY ---LAND-- --BUILDING- ---TOTAL--- 88,000 28,200 116,200 96,800 29,200 126,000 96,800 29,200 126,000 0 0 0 Appraised Val 2011: Appraised Val 2012: Appraised Val 2013: Exempt Value 2013: .--EXEMPTION TYPE-- State Credit 2013: 0 ]~ESIDENTIAL Resid Credit 2013: 12,600 J~ESIDENTIAL Taxable Value 2013: 113,400 Insp 451: 06/09 LAND ONLY Liv Units: 001 Common Area: 452: 11/12 QUICK REINVENTORY % Ownership:. 453: / Leasehold: Style: RANCH Story Hgt: 1.0 Exterior Walls: ASPHALT Year Built: 1948 Remodeled: Effective Year: 1948 Total Rooms: 04 Bedrooms: 01 Recreation Rms: 0 Full Baths: 1 Half Bths: 0 Add't Fixtures: 0 Heat Type : CENTRAL Fuel Type: NATURAL GAS Sys Heat Type : HOT WATER FP: Stacks: Openings: Free Stand FP : Extra Value: Extra Val: E-Z Set Firepl: Condo Style: Condo FIr: Condo Com Prop: Grade: POOR Cst/Desgn: Condition: AVERAGEMIN ARE.~ Basement: 0 Fin/Bsmt: Basement Gar: Car I Living 1st Floor: 512 2nd Floor: 0 3rd Floor: 0 I Area: Half Floor: 0 Attic Area: 0 Fin Deep Bsm: I 512 ADDITIONAL FEATURES Basement: 1st Floor: 2nd Floor: 3rd Floor-: Area: COV'RD OPEN PORCH 76 OTHER BUILDINGS AND YARD IMPROVEMENTS Type Qty YrBlt Size Grade Condition DETACHED GARAGE 1 53 480 POOR POOR STORAGE SHED -FR 1 80 9E; AVERAGE AVERAGE STORAGE SHED -FR 2 53 192 POOR POOR

Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

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Page 1: Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

Parcel: 003-142-34-000 RESIDENTIAL SINGLE FAMILY 04/12/13GRW:PIOR MOA/TAX DEED THIRD ADDITION

BLK 24D LT 9REAL ESTATE SERVICES

PO BOX 196650

ANCHORAGE AK 99519 6650 Site: 001427 MEDFRA ST

Lot Size: 7,000 ---DATE CHANGED- DEED CHANGED- Zone: R3 Owner: 11/26/12 StateID: 2012/0068525

Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;!Grid: SW1432 HRA # : 000000 Plat: 00-0000

Ref #:

ASSESSMENT HISTORY ---LAND-- --BUILDING- ---TOTAL---

88,000 28,200 116,200

96,800 29,200 126,000

96,800 29,200 126,000 0 0 0

Appraised Val 2011:Appraised Val 2012:Appraised Val 2013:Exempt Value 2013:

.--EXEMPTION

TYPE--

State Credit 2013: 0 ]~ESIDENTIALResid Credit 2013: 12,600 J~ESIDENTIALTaxable Value 2013: 113,400

Insp 451: 06/09 LAND ONLY Liv Units: 001 Common Area:452: 11/12 QUICK REINVENTORY % Ownership:.453: / Leasehold:

Style: RANCH Story Hgt: 1.0 Exterior Walls: ASPHALTYear Built: 1948 Remodeled: Effective Year: 1948Total Rooms: 04 Bedrooms: 01 Recreation Rms: 0Full Baths: 1 Half Bths: 0 Add't Fixtures: 0Heat Type : CENTRAL Fuel Type: NATURAL GAS Sys Heat Type : HOT WATERFP: Stacks: Openings: Free Stand FP :Extra Value: Extra Val: E-Z Set Firepl:Condo Style: Condo FIr: Condo Com Prop:Grade: POOR Cst/Desgn: Condition: AVERAGE MIN

ARE.~ Basement: 0 Fin/Bsmt: Basement Gar: Car I Living

1st Floor: 512 2nd Floor: 0 3rd Floor: 0 I Area:Half Floor: 0 Attic Area: 0 Fin Deep Bsm: I 512

ADDITIONAL FEATURES Basement: 1st Floor: 2nd Floor: 3rd Floor-: Area:

COV'RD OPEN PORCH 76

OTHER BUILDINGS AND YARD IMPROVEMENTS Type Qty YrBlt Size Grade Condition

DETACHED GARAGE 1 53 480 POOR POOR

STORAGE SHED -FR 1 80 9E; AVERAGE AVERAGE

STORAGE SHED -FR 2 53 192 POOR POOR

Page 2: Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

IIAK STG Litigation Guarantee

SCHEDULE A

Prepared by: Nichole SmithTitle Officer: Nichole Smith

Guarantee Number: G-2226-000062140Parcel Tax Number: 003-142-34-000

Order Number: 01029-85474

Date of Guarantee: June 27, 2012 at 8:00 a.m.

Fee: $250.00Amount of Liability: $1,000.00

Name of Assured:

Municipality of Anchorage

2. The Litigation Guarantee is furnished solely for the purposes of facilitating the filing of an action to:

Foreclose Tax Judgment

3. The estate or interest in the land hereinafter described or referred to covered b~ this Guarantee is:

Fee Simple

4. Jitle to said estate or interest at the date hereof is '\Jested in:

I!f: Robert Joseph Hickey and Lisa Fannie Orr-Hickey, husband and wife

l!J /$I/.f o/Yk IJ' PM .r-r

A//if/fW/- 5"'~.&.3

5. The land referred to in this Guarantee is situated in the State of Alaska, Recording District of Anchorageand is described as follows:

Lot Nine (9), Block Twenty-four "0" (240), SUBDI\fISION OF BLOCKS 20, 21, :~2, 23 & 24, THIRDADD. TO THE TOWNSITE OF ANCHORAGE, acc:ording to the official plat thereof, filed under Plat No.C-28, in the records of the Anchorage Recording District, Third Judicial District, State of Alaska.

Page 1 of 4

ste~"tartcs tilleguaranty comJ)3"y

File No. 01029-85474AK STG Litigation GuaranteeGuarantee No. G-2226-000062140

Page 3: Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

AK STG Litigation Guarantee

SCHEDULE B

Guarantee Numrler. G-2226-000062140Order Number: 01029-85474

1. Taxes or assessments which are not shown as exiisting liens by the records of ,3ny taxing authority thatlevies taxes or assessments on real property or by the public records.Proceedings by a public agency which may re~sult in taxes or assessments or notices of suchproceedings whether or not shown by the records of such agency or by the public records.

2. Any facts, rights. interests, or claims which are nlot shown by the public recards but which could beascertained by an inspection of the land or by making inquiry of persons in poss'3ssion thereof.

Easements, claims of easements, or encumbrances which are not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which acorrect survey would disclose and which are not shown by the public records.

5. a. Unpatented mining claims;

b. Reservations or exceptions in patents or in Act~) authorizing the issuance the reof;

c. Water rights, claims, or title to water, whether or not the matters excepted under (1), (2) or (3) areshown by the public records.

6. Rights of the state or federal government and/or plJblic in and to any portion of tne land for right of wayas established by federal statute RS 2477 (whether or not such rights are ShOWll by recordings ofeasements and/or maps in the public records by the State of Alaska showing the general location of

these rights of way).

Any lien or right to lien, for services, labor or material heretofore or hereafter furnished imposed by lawand not shown by the public records.

8. Easement for electrical transmission and/or telephonedistribution and incidental purposes, including termsand provisions thereof:Granted To .Inlet Power and Light ComparlYRecorded .March 15, 1950City Book .89

Page.28Affects .Blanket Easement

9. Deed of Trust, including terms and provisions thereof,securing the amount shown together with any othE~r EJamounts due thereunder: <- L.dLlI)l;I~Trustor : Robert Joseph Hickey and ,-)A""P~.Lisa Fannie Orr-Hickey, husband and wife ~; C I. .s-rTrustee. "iW1~:' acific Rim T!tle Insur~nce A~le~cy, Inc. \; .// IS' 7/1'IYICt-) /I'Beneficiary Jfq. ~nC.. 1!Y'ln and Alison F. Irwin, 7 j ~I /' u ~()7V7husband and wi e sq /IllI/tlJJ) ~'/~ C=::,c{Amount : $45,000.00, together with any other /

amounts due thereunderDated : July 30, 1997Recorded : August 1, 1997

Page 2 of 4

ste'\l\f;art~ title guaramy campa"]'

File No. 01029-85474AK STG Litigation GuaranteeGuarantee No. G-2226-000062140

Page 4: Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

AK STG Litigation Guarantee

310262

BookPage

10. No past or current municipal taxes, assessments or tax foreclosure judgments are being shown forpurposes of this report.

END OF EXCI:PTIONS

NOTE: Attention is called to the Military Reservist Relief Act of 1991 (sec. 800 to 81O, Military and VeteransCode), and the Servicemembers Civil Relief Act of 2003 (:50 U.S.C. Appendix, seq. 501 et seq) which replacesSoldiers' and Sailors' Civil Relief Act of 1940 and amendments thereto, which contain inhibitions against thesale of land under a Deed of Trust if the owner is entitlelj to the benefits of said act~. Also, federal law mayrequire a judicial foreclosure, subject to applicable redem~ltion rights, to cut off a junior United States judgment.

NOTE: Attention is called to the Federal Tax Lien Act of 1966 (Public Law 89-719) which, among other things,provides for the giving of written notice of sale in a specified manner to the Secretary vf Treasury or his or herdelegate as a requirement for the discharge or divestment of a Federal Tax Lien ir a nonjudicial sale, andestablishes with respect to such lien a right in the United States to redeem the property within a period of 120days from the date of any such sale. --

Page 3 of 4

-st:eV\/iart-.title Ql.laranty conlp3ny

File No. 01029-85474AK STG Litigation GuaranteeGuarantee No. G-2226-000062140

Page 5: Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

AK STG Litigation Guarantee

SCHEDULE C

Guarantee Number. G-2226-000062140Order Number: 01029-85474

Said necessary parties (other than those having a claim or interest by reason of matter as shown in Exceptionsnumbered N/A to be made defendants in said action to be~ brought by

Municipality of Anchorage

as plaintiff, are as follows:

Robert Joseph HickeyLisa Fannie Orr-HickeyBurton C. IrwinAlison F. Irwin

Page 4 of 4

ste\f\lal-t-.title guaranty conlpany

File No. 01029-85474

AK STG Litigation Guarantee

Guarantee No. G-2226-000062140

Page 6: Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

,B~ LJ 3 1 0 ~~ PG 0 h Iif

18843K/38359AFTER RECORDING MAIL TO:GRANTEE AT ADDRESS BELOW:

STATUTORY WARRANTY DEED

The GrantorsBURTON C. IRWIN AND ALISON F. IB.tmr, Husband and Wife

of 1&206 f/r-~AJ ())/~ r ~~ T3L 77()(7D

for and in the consideration of the sum of TEN DOLLARS ($10.00)

and other good and valuable consideration, in hand paid, convey

and warranty to Grantees,ROBERT JOSEPH HICKEY AND LISA FANN:rE OB,R.-HICKEY Husband and Wi:Ee

of ILl I q fn.R-~a... I4nd- Il1:-. 9q J"Z) /

the following described real property:LOT NINE (9), BLOCK TWENTY-FOUB. "D" (24D). THIRD ADDITION !{ THEORIGINAL TO~SITE OF ANCHORAGE. ACCORDIN~ TO THE OFFICIAL PlATTHEREOF. FILED UNDER PLAT NO. C- 28, IN THE RECORDS OF THE M[CHORAGERECORDING DISTRICT, TIlIRD .JUDICIAL DISTRICT, STATE OF ALASKI..

Subject to all reservations, easements, restrictions,covenants, conditions, exceptions a.nd rights of way of record,if any.

To have and to hold the premi~,es, all and singular. togetherwith the appurtenances and privilege:s thereto incinrient untosaid Grantees, and to the heirs, eXeCIJtors, administratorsand assigns of the survivor, FOREVEIA.

DATED this ~ 30th day of ~uly 19,97

55.

',::~.t~~J.~" -a~::: ;.,~~ t ~ Q ABURTON C. IRWJ:N b-:F t ~(')A

'-'i ALISON F. IIlWIN BY HER ATmY IN E~ BUrow C. IHiJN

/J~ e ~-,. °0 ASTATE OF ALASKA" rt"

TEiIRD JUDICIAL DISTRICT

th The foregoinq instrument was acknowledged before me this30 day of July .1997 by

BURTON C. IRWIN AND ALISON F. IB.IO.IN,?~ ATINY m BORrJN C. rmm

My L:6mmi~sion Expires: a I~Q~~~~~ IOFfICIAL SEAL

STI\TE OF AlASKAKIMBERLY A. WATSON

NOTARY PUBLIC~~~~ ~

G"'NCHOR",GE REO. I:i;STR:CT PRTIA (;{EOUESTED BY -

,

f.

f-t:(;j;

~

'97 RUG 1.- flFl- 9 28 .,:'1

dIl

Page 7: Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

RE.'r 'ro :~ Bk rJ31 02PGn~2

'\'~~~~

~0..('.')

First National Bank of Anchorage ~,.Escrow DepartmentP.O. Box 100720 DEED OJ!' TRUSTAnchorage, AK 99510-0720

THIS DEED OF TRUST, made this 30th day of J\lJ.Y.' 3.997

BETWEEN AND AMONG THE FOLLOWING PARTIJ~S:

TRUSTOR; ROBERT JOSEPH HICKEY and LISA FANN:rE ORR-H:rCKEY, h\tsband an" wife

TRUSTEE: PACXF:rC RIM TXTLE INSURANCE AGENCY, INC.

BENEFICIARY; BURTON C. IRWIN and AL]:I~ON F. IRWIN, husJJand &21d wife

WITNESSETH: That Trustor GRANTS, BARGAINS, SELLS and CO}~S to TRUSTEE INTRUST WITH POWER OF SALE, that protlerty (herein the "Property") in theAnchorage Recording District, State o:E Alaska, described as:

Lot Nine (9), Block Twenty-four "0" (24D), THiRD ADDiTJON TO THEORIGINAL TOWNSJ:'l'E OF AlfCHORAGE, according to t.he offigiaJ. pJ.atthereof, fil.ed under Plat. No. C-21~, in the records of the AnchorageRecording District, Third JudicilU Distrigt, state of AJaska.

SUBJECT to reservations and exc4~ptions in U.s. Patent and/or inActs authorizing the issuance thereof, which Patent wa~ recordedApril 3, 1944, in city Book 40 at Page 96; real property taxes, ifany due; and easements of record"

TOGETHER WITH the tenements, heredJltaxnents and appurtena11ces thereuntobelonging, or in anywise appertaining, the rents, issues and pJ:'ofits thereof,SUBJECT, HOWEVER, to the right, power and authority hereinaft!~r given to andconferred upon Beneficiary to colle(::t and apply such ren't;s, issues andprofits. To have and to hold thE! same, with the appurtenances, untoTrustee:

A. FOR THE PURPOSE OF SECURING:

1. Performance of each agreement of Trustor herein contained.

2. Payment of the indebtedness evidenced by a promissory note or notesof even date herewith (herein "the not1~"), in the principaJ. sum of &45.000.00executed by Trustor and payable to Beneficiary or order, including allrenewals, extensions or modifications thereto.

3. Payment of any and a11 sums Beneficiary may expend or advance forthe protection or preservation of the Property.

B. TO PROTECT THE SECURITY OF THIS DEED OF TRUST. TRUSTOR }.GRE~S:

1. ~. To keep said property in good condition, repair andenvirornnentally safe condition; not to remove or demoJ.ish. any buildingthereon; to complete or restore promp1:;ly and in good and wor~:manlike mannerany bui1ding which may be constructea, damaged or destroyed thereon and topay when due a1l claims for J.abor performed and materials furn:.shed therefor ito comply with aJ.l laws affecting said property or requiring .~ny alterationsor improvements to be made thereon; n,ot to commit or permit waste thereof;not to commit, suffer or permit any act upon said property in vioJ.ation oflaw; to cultivate, irrigate, ferti1ize, fumigate, prune and do all other actswhich from the character or use of said property may be reason,~b1y necessary,the specif.ic enumerations herein not .~xcluding the general.

2. Insurance. To provide, mai:l1tain and de1iver to Beneficiary fireinsurance satisfactory to and with 101;5 payable to Beneficiaz.'y in an amountnot less than ~1T.T. T1\!'1rJRABTE VALUE. Un:less Beneficiary and Trtlstor otherwise

Page :L of 5

!'I\ANCIS). NOSeK. )11.. A l'ror...j"",1 CorpOl1lIion -

310 K S""ct. SVit~ 601. I\ncll",,£., AI.."" 99501(907) 274-2602f'

f'isR,

i

Page 8: Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

r-

°,

B~ r.131 02PGOfi3

agree in writing, insurance proceeds shall. be applied t~o restoration orrepair of the Property damaged, provided such restoratlon or repair iseconomically feasib~e or if the security of this Deed cf Trust wou~d beimpaired, the insurance proceeds sh,~ll be applied to the sUJns secured by thisDeed of Trust, with the excess, if any, paid to the Trustor. Suchapplication or release shall not cure or waive any default or notice _ofdefault hereunder or invalidate an~' act done pursuant to such notice.

3. Defend. To appear in and dlefend any action or proc:eeding purportingtc affect the security hereof or the rights or powers o:~ Beneficiary, orTrustee, and to pay al1 costs and expenses, including COi;t of evidence cftitle and attorney's fees in a reasonab1e sum, in any such action orprcceeding in which Beneficiary or Trustee may appear, and in any suitbrought by Beneficiary to forecloSE! this Deed of Trust.

4. Taxes. To pay: at least 1:en days before delinquency all taxes andassessments affecting said property, and, if applicable, a11 homeownersassociation dues and/or assessments; when due, all encumbre.nces, charges andliens, with interest, on said prOpE!rty or any part thereof, which appear tobe prior or superior hereto; all costs, fees and expenses of this Trust.

5. Exnenditures. To pay immediately and without demand a1l sumsexpended by Beneficiary or Trustee pursuant to the provisions hereof, withinterest frDm date of expenditure llt the rate provided for in the Note.

6. Prot2ction of Security. Should Trustor fail to meLke any payment orto do any act as herein provided, then Beneficiary or Trustee, but withoutobligation so to do and without notice to or demand upon Trustor and withoutreleasing Trustor from any ob1igation hereof, may: make or do the same insuch manner and to such extent as either may deem necessary to protect thesecurity hereof, Beneficiary or Trustee being authorized to enter upon saidproperty for such purposes; appea:r in and defend any action or proceedingpurporting to affect the securit~y hereof or the rights or powers ofBeneficiary or Trustee; pay, purcha:;e, contest or compromis~~ any encumbrance,charge or lien which in the judgrment of either appearei to be prior orsuperior thereto; and, in exercisiru~ any such powers, pay ne!cessary expenses,employ counse1 and pay his reasonable fees.

C.

IT IS MUTUALLY AGREED THAT:

1. Condemnation. Any award or damages in con:1ection with anycondemnation for public use of OJ:- injury to said property, or any partthereof, is hereby assigned and shall be paid to Beneficiary who may applysuch sum upon any indebtedness secured hereby and irl such order asBeneficiary may determine, or at the option of Beneficiary the entire amountso collected or any part thereof may be released to Trustc,r.

2. No Waiver. By accepting payment. of any sum secured hereby after itsdue date, Beneficiary does not wclive his right either 1;0 require promptpayment when due of all other BUlliS so secured or to de(:lare default forfailure BO to pay.

~~

3. Trustee Scecial Powers. i\.t any tiIne or from timE; to time, withoutliability therefor and without notice, upon written request of Beneficiaryand presentation of this Deed of ~~rust and said note for endorsement, andwithout affecting the personal lia.bility of any person f"r payment of theindebtedness secured hereby, Trustee may: reconvey all or any part of saidproperty; consent to the making of any map or plat thereof; join in grantingany easement thereon; or join in any extension agreement or any agreement5ubordinating the lien or charge hE~reof.

4. B.gconve~ance. Upon written request of Beneficiar)r stating that allsums or obligations secured hereb:r have been paid or sa.t;isfied, and uponsurrender of this Deed of Trust and said note to Trustee fo];" cancellation andretention and upon payment of it!. fees, Trustee shall t"econvey, withoutwarranty, the property then held heJ:"eunder. The recitals il1 any reconveyance

Pa~Je 2 of 5

i

Page 9: Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

..-

(

Iexecuted under this Deed of Trust of any matters or facts shalJ. be conclusiveproof of the truthfulness thereof. Th.e grantee in such recorJveyance may bedescribed as "the person or persons le,gally entitled thereto".

5. Additional Securitv. As addj.tional security, Trustcr hereby givesto and confers upon Beneficiary the right, power and authority, during thecontinuance of these Trusts, to collec1: the rents, issues and profits of saidproperty, reserving to Trustor the right, prior to any defau11~ by Trustor inpayment of any indebtedness secured heJ:-eby or in performance 0: any agreementhereunder, to collect and retain suc:h rent:s, issues and pJ:-ofits as theybecome due and payab~e. Upon any such default Bene~iciary nay at any timewithout notice, either in person, by agent, or by a receiver 1:0 be appointedby a court, and without regard tD t.he adequacy of any se,::urity for theindebtedness hereby secured, enter up<:,n and take possession 0: said propertyor any part thereof, in his own name stle for or otherwise coll'~ct such rents,is6ue~ and profits, including those pa,st due and unpaid, and .lpply the same,less CDsts and expenses of operation and collection, inclucling reasonableattorney's fees, upon any indebtednesla secured hereby, and in such order asBeneficiary may determine. The entering upon and taking pos~;ession of saidproperty, the collection of such rents, issues and pr~fits and theapplication thereof as aforesaid, shall not cure or waive any default ornotice hereunder or invalidate any ac.t done pursuant to such notice.

6. Defaylt.

(a) Upon default by Trustor in payment of any indebtedness securedhereby or in performance of any agreernent hereunder, all sums secured herebyshall immediately become due and payable at the option of ttle Beneficiary.In the event of default Beneficiary may execute or cause the Trustee toexecute a written notice of such default and of his e1ection to cause to besold the herein described property 11:0 satisfy the obligatJ.on hereof, andshall cause such notice to be recorded in the office of the J:'ecorder of eachrecording district wherein said rei:11 property or some part thereof issituated.

(b) Notice of sale having been given as then req\;ired by ].aw andnot less than the time then required by law having elapsed after recordationof such notice of default, Trustee, without demand on Trustor, shall se].].said property at the time and place of sale fixed by it in said notice ofsale, either as a Whole or in separate parcels and in such order as it maydetermine, at public auction to the: highest and best bidder for cash inlawful money of the United states, payable at time of sala. Trustee maypostpone sale of all or any portion of said property by pub:.ic announcementat such time and place of sale, and f]:-om time to time thereafter may postponesuch sale by public announcement at the time fixed by the precedingpostponement. Trustee shall deliver to the purchaser its de3d conveying theproperty so sold, but ~li thout any co'V'enant or warranty, exp::-ess or implied.The recitals in such deed, of any mat"ters of facts shall be I:onclusive proofof the truthfulness thereof. Any person, including Trustor, Trustee orBeneficiary, as hereunder defined, may purchase at such sal,!.

(c) After deducting all c:osts, fees and expenseE; of Trustee andof this Trust, including cost of evidence of title and reasonable counselfees in connection with sale, TrUst,ee shall apply the proc:eeds of sale topayment of: all sums expended under the terms hereof, not then repaid, withaccrued interest at 8 percent :per annum; all other sums then securedhereby; and the remainder, if any, to the person or persons legally entitledthereto. Nothing contained herein shall be construed to limit the right ofBeneficiary to foreclose this Deed c,f Trust by judicial action.

7. Bindincr. This Deed applies to, inures to the benei'it of, and bindsall parties hereto, their he~irs, legatees, devisees, personalrepresentatives, successors and assi.~ns. The term Beneficiary shall mean theholder and owner, including pledgee, of the note secured hereby, whether or

Page 3 of 5

Page 10: Tax Dist: 001 Address: 11/26/12 Date: 11/21/1;! · if B~ LJ 3 1 0 ~~ PG 0 h I 18843K/38359 AFTER RECORDING MAIL TO: GRANTEE AT ADDRESS BELOW: STATUTORY WARRANTY DEED The Grantors

I I7-3tQ-1997 8:03AM FROM 9137 ;adS 6672 P.2-Bk M3 'O2psOnS

not nam~d as a beneficiary herein, 0%', if the note has been pledged. thepledgee thereof. In this Deed, whenever thQ contQxt so requires, themasculine gender include5 the feminine ,and/or neuter, and the si.ngu1.ar numbarincludes the plural.

s. Accentance. 'rrusteB accQP~~S this Trust wh~n th:cs Deed, duJ.yexecuted and ac~nowledged, is made a puDlic record as pro"tided by law.Trustee is not obligated to notify any party hereto of pending sa1.e under anyother Deed of Trust or of any action or procee~in9 in ~hich Trustor,Beneficiary or Trustee shall be a party unless brought by Truiitee.

9. Substitute Trustee. Beneficia,ry 1I\ay. from time to ti1ne, as providedby statute, appoint another Trustee j.n place and stead of ~~ru5tee hereinnamed, and thereupon, the Trustee hf~t'e.in named shall be c,ischarged andTrustee so appoin'ted shall be subst.itu~:.ed as Trustee hereunder with the'sameeffect as if originally named Trustee herein.

lO. Co~Trus'tees- If two or l!1.ore persons be designated as Trus'teeherein, any or a1.l powers granted here:in to Trustee may be ex~rcised by anyof such persons, if 'the other person or persons is unable, for any reason,to act, and any recital of such inability in any instrument e1Cecutcd by anyof such persons shall be conclusive against Trustor. his heirs and assigns.

11. Pavmen't or Sa'tisfaction. It. addition to the powers bes'towed uponthe Trustee by statute and elsewhere ir~this indenture, the Tr1;,stee is herebyspecifically empowered to execute cLnd deliver an approp1:iate deed ofreconveyance upon receiving satisfactory assurance that the not~ orobligation secured hereby, together with interest and any ad~ance shown tohave been made by or on behalf of the Beneficiary under thE' terms of 'theTrust Deed, have b~en paid in fulJ, or otherwise satisfied. In thisconnection, the Trustee may conside1: advice in writing from either theBeneficiary or any agent authorized to collect the Promissory No'te ordetermine performance of the obliCJation as such satisfac'tory assurance.

12. Maturit~ Date.. The date of !.1aturity of this Deed of Trus't pursuantto A. S. 34.20 -J.50 is -the period of' thf~ note or obligation sec:ured hereby asset forth in Section A above.

ADDr~J:ONAL PROVISIgNS: See Par~qraph ~3 following:

J.3. Trustors agree to furnish Be,llefi.ciary with written proof of paymentannuaJ.1-y fo:r :rea1- property taxes w~th5.n ten (2,0) days of the due dat.e, untilsuch time as the Deed of Trust promissory Note secured hereb~r has been paidin fn1-1-. Failu}:e to provide such proof of payment shaJ.:. constitute a.material default hereunder.

THE UNDERSIGNED TRUSTOR REQUESTS AND DIRECTS THAT A COpy OF A:~ NOTICE GIVENHEREUNDER, INCLUDING BOT I~OT LrMrTE~ TO NOTICE OF DEFAULT AN]) OF ANY NOTICEOF SALE, BE MAILED OR DELIVERED TO HIM AT HIS ADDRESS HEREINAF'TER --FORTH.

Mailing Address:

/ tfI r/J1e.~.k J"{I$4~L AK 9 "9' ~ I

.Il~e-~~ .BURTON c. IRWIN

/ lJi7;;lp If; t/J rtf-,!n /) ~ ~/

(=2~.,.{...J' m" U 7 7 P ..9Z>...f-

INBlJR:roN C. IW!N

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