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HomeMy WebLinkAbout02-40163783-1-ETRGC Form No.: 3747 Limited Liability Guarantee Limited Liability Guarantee Face Page Guarantee No.: 40163783-1-A 834-LLG-40163783 Order No.: 40163783 Liability: $2,500.00 Charge: $ 275.00 Tax: $ 26.16 Total: $ 301.16 Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Title Resources Guaranty Company a corporation here in called the Company Guarantees the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Date: April 11, 2016 at 8:00 A.M. TRGC Form No.: 3747 Limited Liability Guarantee Guarantee Conditions and Stipulations (09-12-08) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1.Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a)Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b)(1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c)(1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2.Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a)Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b)Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c)The identity of any party shown or referred to in Schedule A. (d)The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1.Definition of Terms. The following terms when used in the Guarantee mean: (a)the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b)"land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c)"mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d)"public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e)"date": the effective date. 2.Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3.No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4.Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a)The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be TRGC Form No.: 3747 Limited Liability Guarantee necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b)If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c)Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d)In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5.Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6.Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. TRGC Form No.: 3747 Limited Liability Guarantee Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b)To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7.Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a)the amount of liability stated in Schedule A or in Part 2; (b)the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c)the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8.Limitation of Liability. (a)If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b)In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c)The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9.Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10.Payment of Loss. (a)No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b)When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11.Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. TRGC Form No.: 3747 Limited Liability Guarantee 12.Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $2,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13.Liability Limited to This Guarantee; Guarantee Entire Contract. (a)This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b)Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c)No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14.Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 8111 LBJ Freeway, Ste. 1200, Dallas, TX 75251, or trgcclaims@trgc.com. TRGC Form No.: 3747 Limited Liability Guarantee Page 1 Limited Liability Guarantee Issued By Title Resources Guaranty Company Guarantee No.: 40163783-1-E 834-LLG-40163783 SCHEDULE A Order No.: 40163783 Liability: $2,500.00 Charge: $ 275.00 Tax: $ 26.16 Total: $ 301.16 1.Name of Assured: City of Renton 2.Date of Guarantee: April 11, 2016 at 8:00 A.M. 3.The assurances referred to on the face page hereof are: a.That, according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b.Title to the estate or interest in the land is vested in: Safeway Inc., a Delaware corporation c.The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Exceptions: 1.GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.:1823059071 YEAR BILLED PAID BALANCE 2016 $6,153.12 $0.00 $6,153.12 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $6,153.12. LEVY CODE:2100ASSESSED VALUE LAND:$464,500.00ASSESSED VALUE IMPROVEMENTS:$0.00 File No.: 40163783-800-T35 Guarantee No.: 40163783-1-E SCHEDULE A (Continued) TRGC Form No.: 3747 Limited Liability Guarantee Page 2 2.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:CITY OF RENTON PURPOSE:STORM DRAIN AND SANITARY SEWER AREA AFFECTED:A PORTION OF SAID PREMISES RECORDED:NOVEMBER 28, 1962 RECORDING NO.:5512374 3.RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 5646861, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS-OF-WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER LAND, AS RESERVED IN DEED REFERRED TO ABOVE. 4.RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON RECORDED UNDER RECORDING NO. 7306060499, RESERVING TO THE GRANTOR ALL OIL, GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING AND WORKING THE SAME, AND PROVIDING THAT SUCH RIGHTS SHALL NOT BE EXERCISED UNTIL PROVISION HAS BEEN MADE FOR FULL PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY. RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, TO ACQUIRE RIGHTS-OF-WAY FOR PRIVATE RAILROADS, SKID ROADS, FLUMES, CANALS, WATER COURSES OR OTHER EASEMENTS FOR TRANSPORTING AND MOVING TIMBER, STONE, MINERALS AND OTHER PRODUCTS FROM THIS AND OTHER LAND, AS RESERVED IN DEED REFERRED TO ABOVE. 5.MATTERS SET FORTH BY SURVEY: RECORDED:MARCH 22, 1979 RECORDING NO.:7903229005 6.ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 8211239011. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 7.CITY OF RENTON ORDINANCE NO. 4640 AND THE TERMS AND CONDITIONS THEREOF: RECORDED:NOVEMBER 15, 1996 RECORDING NO.:9611150135REGARDING:CITY OF RENTON VACATION OF LAKE AVENUE SOUTH RESERVATION OF EASEMENT FOR UTILITIES AND RELATED PURPOSES 8.DECLARATION OF RESTRICTIVE COVENANTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED:DECEMBER 08, 1998 RECORDING NO.:9812080571 REGARDING:USE OF GARBAGE AREAS, TRASH COMPACTOR AND DELIVERY HOURS File No.: 40163783-800-T35 Guarantee No.: 40163783-1-E SCHEDULE A (Continued) TRGC Form No.: 3747 Limited Liability Guarantee Page 3 9.OPTION TO ENTER INTO EASEMENT AGREEMENTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED:DECEMBER 22, 1998 RECORDING NO.:9812222256 REGARDING:CROSS-ACCESS EASEMENT BETWEEN THE SAFEWAY PROPERTY AND THE CARNEY PROPERTY AND AMENDED BY RECORDING NO. 20000111001495 10.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:CARNEY INVESTMENT GROUP, L.P., A WASHINGTON LIMITED PARTNERSHIP PURPOSE:A NON-EXCLUSIVE EASEMENT TO ERECT, MAINTAIN, REPAIR AND REPLACE ONE MONUMENT SIGNAREA AFFECTED:A PORTION OF SAID PREMISES RECORDED:DECEMBER 22, 1998 RECORDING NO.:9812222257 11.EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED:JANUARY 11, 2000 RECORDING NO.:20000111001493 REGARDING:AN EASEMENT TO ACCESS THE SUBARU PROPERTY FROM TIME TO TIME AS REASONABLY NECESSARY TO CARRY OUT THE HYDROCARBON CONTAMINANTS CLEANUP PROJECT 12.DECLARATION OF RESTRICTIVE COVENANTS AND THE TERMS AND CONDITIONS THEREOF: RECORDED:JANUARY 11, 2000 RECORDING NO.:20000111001494 REGARDING:OWNERSHIP OF “LOT 2” CANNOT BE SEPARATED FROM OWNERSHIP OF “STORE” 13.DECLARATION OF EASEMENTS WITH COVENANTS AND RESTRICTIONS AFFECTING LAND AND THE TERMS AND CONDITIONS THEREOF: RECORDED:FEBRUARY 20, 2004 RECORDING NO.:20040220001680 14.USE RESTRICTION AND THE TERMS AND CONDITIONS THEREOF: RECORDED:FEBRUARY 20, 2004 RECORDING NO.:20040220001681 15.RIGHT OF ENTRY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED:MARCH 08, 2010 RECORDING NO.:20100308000451 REGARDING:CITY OF RENTON 16.PRIVATE EASEMENTS RIGHTS, IF ANY, OF ADJACENT OWNERS OVER VACATED STREETS AND ALLEYS; UNRECORDED, COMMON LAW, PRIVATE EASEMENT RIGHTS MAY PERSIST DESPITE CESSATION OF PUBLIC EASEMENT BY: 1) NON-USER STATUTE, RCW 36.87.090; OR 2) BY VACATION OR RELEASE OF PUBLIC INTEREST. 17.UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. File No.: 40163783-800-T35 Guarantee No.: 40163783-1-E SCHEDULE A (Continued) TRGC Form No.: 3747 Limited Liability Guarantee Page 4 18.MATTERS AFFECTING SECURITY INTERESTS IN PERSONAL PROPERTY WHICH MAY BE DISCLOSED BY A SEARCH OF THE UNIFORM COMMERCIAL CODE (UCC) RECORDS AT THE WASHINGTON STATE DEPARTMENT OF LICENSING IN OLYMPIA. 19.NUMEROUS MATTERS OF RECORD AGAINST THE PARTY/PARTIES VESTED IN TITLE, AS DISCLOSED IN SCHEDULE A PARAGRAPH 3B, AND PARTIES WITH SIMILAR NAMES. NO COVERAGE IS AFFORDED FOR THE EFFECTS OF SUCH NUMEROUS MATTERS OF RECORD ON THE LAND. . File No.: 40163783-800-T35 Guarantee No.: 40163783-1-E SCHEDULE A (Continued) TRGC Form No.: 3747 Limited Liability Guarantee Page 5 NOTE 1.A $1.00 mailing fee will be charged per document recorded. NOTE 2.WHEN SENDING DOCUMENTS FOR RECORDING, VIA U.S. MAIL OR SPECIAL COURIER SERVICE, PLEASE SEND TO THE FOLLOWING ADDRESS, UNLESS SPECIFIC ARRANGEMENTS HAVE BEEN MADE WITH YOUR TITLE UNIT: CW Title KING PRODUCTION CTR 11201 SE 8TH ST, SUITE 200 BELLEVUE, WA 98004 ATTN: Recording Dept. CW TITLE PRE-ADDRESSED ENVELOPES MAY STILL BE USED WHEN SENDING DOCUMENTS VIA TDS (TITLE DELIVERY SERVICE) TO THE ADDRESS ON THE FACE OF THE COMMITMENT COVER PAGE OR TO THE ABOVE ADDRESS. NOTE 3.BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: KNOWN AS: RAINIER AVE SOUTH RENTON, WA 98057 MAP NOTE 4.THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT 2 CRLLA# LLA-010-82 REC 8211239011 BEING POR GOV LOT 10 & TRACTS 10 & 11 OF RENTON SHORELANDS 2 SUPP SEC 18 T23N R5E WM KING COUNTY File No.: 40163783-800-T35 Guarantee No.: 40163783-1-E TRGC Form No.: 3747 Limited Liability Guarantee Page 6 EXHIBIT A LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF KING, STATE OF WASHINGTON, AND IS DESCRIBED AS FOLLOWS: LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LLA-010-82, OF LOT LINE ADJUSTMENT SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 8211239011, BEING A PORTION OF GOVERNMENT LOT 10 AND TRACTS 10 AND 11 OF RENTON SHORELANDS 2ND SUPPLEMENTAL, ALL IN SECTION 18, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN; TOGETHER WITH THAT PORTION OF VACATED LAKE AVENUE SOUTH ADJOINING, PURSUANT TO CITY OF RENTON ORDINANCE NO. 4640 RECORDED UNDER RECORDING NO. 9611150135; SITUATE in the CITY OF Renton, County of King, STATE OF WASHINGTON. APN: 1823059071 THE ADDRESS FOR THE EXHIBIT “A” ABOVE IS AS FOLLOWS: Rainier Ave South Renton, WA 98057 THE PROPERTY ADDRESS SHOWN ABOVE IS NOT PART OF THE LEGAL DESCRIPTION FOR THE TITLE TO THE LAND TO BE INSURED.