(1) Real property
shall not be deemed to be encumbered within the meaning of RCW 48.13.110 by reason of the existence of:
(a) Instruments reserving mineral, oil, timber or similar
rights, rights-of-way, sewer rights, or rights in walls;
(b) Liens for taxes or assessments not delinquent, or liens
not delinquent for community recreational facilities, or for the
maintenance of community facilities, or for service and
maintenance of water rights;
(c) Building restrictions or other restrictive covenants;
(d) Encroachments, if such encroachments are taken into
consideration in determining the fair value of the property;
(e) A lease under which rents or profits are reserved to the
owner if in any event the security for the loan or investment is
a first lien upon the real property; or
(f) With respect to loans secured by mortgage, deed of
trust, or other collateral guaranteed or insured in full or in
part by the government of the United States, such encumbrances as
are allowed as exceptions in title by the administrator or
administration of the division of such government so guaranteeing
or insuring.
(2) If under any of the exceptions set forth in subsection
(1) of this section there is any sum owing but not due or
delinquent, the total amount of such sum shall be deducted from
the amount which otherwise might be loaned on the property. The
value of any mineral, oil, timber or similar right reserved shall
not be included in the fair value of the property.
[1955 c 303 § 2; 1947 c 79 § .13.13; Rem. Supp. 1947 § 45.13.13.]