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HomeMy WebLinkAboutL_Via405_TitleReport01Commitment_20170421_v1COMMERCIAL SERVICES Fidelity National Title 600 University St., Suite 2424 Insurance Company Seattle, WA 98101 0- Phone: 206-262-6291 Email: marc.wise@fhf com 3rd CONB41TNIENT FOR TTIFLE INSURANCE Issued by Fidelity National Title of Washington, Inc., as agent for Fidelity National Title Insurance Company Fidelity National Title of Washington, Inc., as agent for Fidelity National Title Insurance Company, a California corporation ("Company"), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Fidelity National Title Insurance Company, through its agent, Fidelity National Title of Washington, Inc., has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: 0,Z Marp4se, Commercial Title Officer Kerry Wise, Chi f Commercial Title Officer Authorized Signature PO's` 4-, SEAL°" as �rX/-,MCW Grwerk, skiefavy 27C101 (6/06) ALTA Commitment - 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land TM , ANn r`r" Title Association.ew a, Fidelity National Title of Washington, Inc. SCHEDULE A Name and Address of Title Insurance Company: Fidelity National Title of Washington, Inc. 600 University St., Suite 2424 Seattle, WA 98101 Title Officer: Marc Wise 1. Effective Date: February 13, 2017 at 8:00 A.M. 2. Policy or Policies to be issued: ALTA 2006 Standard Owner's Policy - General Schedule Rate Proposed Insured: To Be Determined Amount: $ 0.00 Premium: $ 0.00 Tax: $ 0.00 Total: $ 0.00 3. The estate or interest in the land described or referred to in this Commitment is: A FEE, as to Parcel A, and AN EASEMENT, as to Parcel B 4. Title to the estate or interest in the land is at the Effective Date vested in: RVA Cinema LLC, a Washington limited liability company 5. The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. Escrow No.: 20374076-416-416 27C 101 A (.6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land :`:'• `"Ah Title Association. EXHIBIT A LEGAL DESCRIPTION PARCEL A: File No.: 20374076-416-416 LOT 1 OF RENTON VILLAGE ASSOCIATES BINDING SITE PLAN NO. BSP -026-90, AS PER PLAT RECORDED MAY 8, 1990 IN VOLUME 152 OF PLATS, PAGES 26 THROUGH 31, AS RECORDING NO. 9005080690, RECORDS OF KING COUNTY AUDITOR; PARCEL B: A NON-EXCLUSIVE EASEMENT FOR ROADWAY AS ESTABLISHED UNDER RECORDING NO. 8612311880, AS AMENDED UNDER RECORDING NO. 9005161048 SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 27C 101 A (6/06) 2 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LAND RTIT E Title Association. ASSOCIATION File No.: 20374076-416-416 SCHEDULE B - SECTION I REQUIREMENTS INSTRUMENTS NECESSARY TO CREATE THE ESTATE OR INTEREST MUST BE PROPERLY EXECUTED, DELIVERED AND DULY FILED FOR THE RECORD. 2. PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. SCHEDULE B OF THIS POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. GENERAL EXCEPTIONS A. RIGHTS OR CLAIMS OF PARTIES IN POSSESSION, OR CLAIMING POSSESSION, NOT SHOWN BY THE PUBLIC RECORDS. B. ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. C. EASEMENTS, PRESCRIPTIVE RIGHTS, RIGHTS-OF-WAY, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. D. ANY LIEN, OR RIGHT TO A LIEN, FOR CONTRIBUTIONS TO EMPLOYEE BENEFIT FUNDS, OR FOR THE STATE WORKERS' COMPENSATION, OR FOR SERVICES, LABOR, OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, ALL AS IMPOSED BY LAW, AND NOT SHOWN BY THE PUBLIC RECORDS. E. TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT YET PAYABLE OR WHICH ARE SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. F. ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL NOT SHOWN BY THE PUBLIC RECORDS. G. UNPATENTED MINING CLAIMS, AND ALL RIGHTS RELATING THERETO. H. RESERVATIONS AND EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. I. INDIAN TRIBAL CODES OR REGULATION, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENT OR EQUITABLE SERVITUDES. J. WATER RIGHTS, CLAIMS OR TITLE TO WATER. K. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS, OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. END OF SCHEDULE B - SECTION I 27C 101 BI (6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land l NDRILAN TITLE Title Association. ASSOCIATION It File No.: 20374076-416-416 SCHEDULE B - SECTION II EXCEPTIONS SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78%. FOR ALL TRANSACTIONS RECORDED ON OR AFTER JULY 1, 2005: • A FEE OF $10.00 WILL BE CHARGED ON ALL EXEMPT TRANSACTIONS; • A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE; 2. 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.: 723200 0010 YEAR BILLED PAID BALANCE 2017 $49,883.39 $0.00 $49,883.39 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $49,883.39. LEVY CODE: 2100 ASSESSED VALUE LAND: $1,733,300.00 ASSESSED VALUE IMPROVEMENTS: $1,637,100.00 3. LIABILITY FOR SEWER TREATMENT CAPACITY CHARGES, IF ANY, AFFECTING CERTAIN AREAS OF KING, PIERCE AND SNOHOMISH COUNTIES. SAID CHARGES COULD APPLY TO PROPERTY CONNECTING TO THE METROPOLITAN SEWERAGE FACILITIES OR RECONNECTING OR CHANGING ITS USE AND/OR STRUCTURE AFTER FEBRUARY 1, 1990. PLEASE CONTACT THE KING COUNTY WASTEWATER TREATMENT DIVISION, CAPACITY CHARGE PROGRAM, FOR FURTHER INFORMATION AT 206-296-1450 OR FAX NO. 206-263-6823 OR EMAIL AT CAPCHARGEESCROW ('KINGCOUNTY.GO V * A MAP SHOWING SEWER SERVICE AREA BOUNDARIES AND INCORPORATED AREAS CAN BE FOUND AT: HTTP://YOUR.KINGCOUNTY.GOV/FTP/GIS/WEB/VMCiUTILITIES/SERVAREA CITIES.PDF UNRECORDED SEWER CAPACITY CHARGES ARE NOT A LIEN ON TITLE TO THE LAND. NOTE: THIS EXCEPTION WILL NOT APPEAR IN THE POLICY TO BE ISSUED. 27CIOIBII (6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTAMR! members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land AND TIT F Title Association. ASSOCIATION File No.: 20374076-416-416 SCHEDULE B — Section II (Continued) 4. RELINQUISHMENT OF ALL EXISTING, FUTURE OR POTENTIAL EASEMENTS FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS CONSTRUCTED ON LANDS CONDEMNED BY PROCEEDINGS UNDER KING COUNTY SUPERIOR COURT. BY: STATE OF WASHINGTON CAUSE NO.: 588966 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE UNITED STATES OF AMERICA PURPOSE: ELECTRIC TRANSMISSION LINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NOS.: 3158541, 3163692, 3165254, 3171112, 3176514, 3196045, 3361858, 3386405, 3443062 AND 3399762 AND AMENDMENTS THERETO: RECORDING NOS.: 3664559, 3664560, 7210300117 AND 7210300118 6. RELINQUISHMENT OF ALL EASEMENTS EXISTING, FUTURE OR POTENTIAL, FOR ACCESS, LIGHT, VIEW AND AIR, AND ALL RIGHTS OF INGRESS, EGRESS AND REGRESS TO, FROM AND BETWEEN THE LAND AND THE HIGHWAY OR HIGHWAYS TO BE CONSTRUCTED ON LAND CONVEYED BY DEED. TO: STATE OF WASHINGTON RECORDED: MAY 10, 1962, MAY 18, 1962 AND AUGUST 14, 1987 RECORDING NOS.: 5440059, 5424489, 5428428, 5754046 AND 8708140475 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JANUARY 13, 1964 RECORDING NO.: 5686245 8. AN UNRECORDED CROSSING PERMIT FOR TRANSMISSION LINE OR LINES 350 FEET WIDE IN FAVOR OF SEATTLE CITY LIGHT, OVER A PORTION OF SAID PREMISES LYING WITHIN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 19, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, AS DISCLOSED IN DEED RECORDED JANUARY 16, 1964 UNDER KING COUNTY RECORDING NO. 5687617 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE CITY OF RENTON PURPOSE: SANITARY SEWER LINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JANUARY 28, 1966 RECORDING NO.: 5982750 27C101BII (6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA AMLRmembers in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land AND IT E Title Association. ASSOCIATION File No.: 20374076-416416 SCHEDULE B — Section II (Continued) 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE CITY OF RENTON PURPOSE: WATER MAIN AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MARCH 20, 1970 RECORDING NO.: 6631805 11. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 21, 1979 RECORDING NO.: 7909210721 12. INTENTIONALLY DELETED. 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: AUGUST 27, 1982 RECORDING NO.: 8208270358 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 19, 1986 RECORDING NO.: 8612191504 15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 19, 1986 RECORDING NO.: 8612191505 27C101BII (6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land AAIIlIGAi+ t"!n TMI Title Association. MIMIA*kv File No.: 20374076-416-416 SCHEDULE B — Section H (Continued) 16. TERMS AND CONDITIONS OF "RECIPROCAL ACCESS EASEMENT" IMPOSED BY INSTRUMENT RECORDED ON DECEMBER 23, 1986, UNDER RECORDING NO. 8612231195. AND AMENDMENT THERETO: RECORDED: SEPTEMBER 29, 1987 RECORDING NO.: 8709291408 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: ROADWAY AND PARKING AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 9005161048 AND AMENDMENTS THERETO: RECORDED: SEPTEMBER 27, 2001 RECORDING NO.: 20010927001009 18. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: INGRESS, EGRESS AND RECIPROCAL PARKING AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 8708210528 19. DECLARATION OF ROADWAY COVENANT IMPOSED BY INSTRUMENT RECORDED ON NOVEMBER 09, 1988, UNDER RECORDING NO. 8811090770. 20. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 19, 1989 RECORDING NO.: 8906190529 21. ALL COVENANTS, CONDITIONS, RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9004099029. 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. SAID INSTRUMENT IS A RE-RECORD OF THE INSTRUMENT RECORDED ON NOVEMBER 13, 1989, UNDER RECORDING NO. 8911139006. 27C 101 BII [6/06 - ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land LXMIAN NSD TITLE Title Association. ASSOC ATION File No.: 20374076-416-416 SCHEDULE B — Section II (Continued) 22. ALL COVENANTS, CONDITIONS, RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BINDING SITE PLAN RECORDED UNDER RECORDING NO. 9005080690. 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. 23. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: THE CITY OF RENTON PURPOSE: PUBLIC UTILITIES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MAY 15, 1990 RECORDING NO.: 9005150963 24. TERMS AND CONDITIONS OF "AGREEMENT REGARDING MANAGEMENT OF COMMON AREAS" IMPOSED BY INSTRUMENT RECORDED ON MAY 29, 1990, UNDER RECORDING NO. 900529137 1. AND AMENDMENTS THERETO: RECORDED: SEPTEMBER 02, 1998 AND SEPTEMBER 02, 1998 RECORDING NOS.: 9809022302 & 9809022304 25. DECLARATION OF COVENANT IMPOSED BY INSTRUMENT RECORDED ON OCTOBER 29, 1992, UNDER RECORDING NO. 9210290251. AND AMENDMENTS THERETO: RECORDED: JANUARY 21, 1999 RECORDING NO.: 9901210221 26. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC LINE AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: SEPTEMBER 21, 1993 RECORDING NO.: 9309211130 27C 101 BII (6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. File No.: 20374076-416-416 SCHEDULE B — Section II (Continued) 27. SHORT FORM OR MEMORANDUM OF LEASE: LESSOR: RENTON VILLAGE ASSOCIATES LESSEE: GENERAL CINEMA CORP. OF WASHINGTON DATED: JUNE 15, 1988 RECORDED: AUGUST 11, 1988 RECORDING NO.: 8808110658 AND AMENDMENT THERETO: RECORDED: JUNE 03, 1991 RECORDING NO.: 9106030389 28. 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. 29. MATTERS RELATING TO THE QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIEN RIGHTS FOR LABOR AND MATERIAL, IF ANY, THE DISPOSITION OF WHICH WILL BE FURNISHED BY SUPPLEMENTAL REPORT. END OF SCHEDULE B — SECTION II 27C101BII (6/06) ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land AND TIT E Title Association. ASSOCIATION File No.: 20374076416416 NOTES NOTE 1: WE ARE INFORMED THAT RVA CINEMA LLC, IS A LIMITED LIABILITY COMPANY (LLC). A COPY OF THE DUPLICATE ORIGINAL OF THE FILED LLC CERTIFICATE OF FORMATION, THE LLC AGREEMENT, AND ALL SUBSEQUENT MODIFICATIONS OR AMENDMENTS MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. NOTE 2: ANY CONVEYANCE OR MORTGAGE BY RVA CINEMA LLC, A LIMITED LIABILITY COMPANY (LLC), MUST BE EXECUTED BY ALL THE MEMBERS, OR EVIDENCE SUBMITTED THAT CERTAIN DESIGNATED MEMBERS OR MANAGERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. NOTE 3: THE COMPANY HAS BEEN ASKED TO ISSUE AN OWNER'S POLICY WITHOUT DISCLOSURE OF THE LIABILITY AMOUNT. THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNT OF THE POLICY COMMITTED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE FORTHCOMING POLICY MUST BE ISSUED IN AN AMOUNT AT LEAST EQUAL TO THE FULL VALUE OF THE ESTATE INSURED IN ACCORDANCE WITH OUR RATING SCHEDULE ON FILE IN THE OFFICE OF THE WASHINGTON STATE INSURANCE COMMISSIONER. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. NOTE 4: TITLE WILL BE VESTED IN PARTIES YET TO BE DISCLOSED. WHEN TITLE IS VESTED, THEIR TITLE WILL BE SUBJECT TO MATTERS OF RECORD, IF ANY, AGAINST THEIR NAMES. NOTE 5: BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: COMMERCIAL/INDUSTRIAL STRUCTURE(S) KNOWN AS: 25 S GRADY WAY RENTON, WA 98055 NOTE 6: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT " FIDELITY NATIONAL TITLE OF WASHINGTON, INC." MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 7: THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. 27C 101 Notes (6/06 F ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA � AµlRlul members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land i.H" ri�� Title Association. •SIWA}IO.1 File No.: 20374076-416416 NOTES (Continued) NOTE 8: 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 1 RENTON VILLAGE ASSOCIATES BINDING SITE PLAN NO. BSP -026-90 REC NO. 9005080690 NOTE 9: IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. NOTE 10: THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITTING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. NOTE 11: PRIOR TO CLOSING PLEASE CONTACT YOUR TITLE OFFICER FOR CURRENT COURIER AND/OR ACCOMMODATION FEES WHICH MAY BE CHARGED FOR RECORDING RUNS. END OF NOTES 27C101 Notes (6/06) 11 ALTA Commitment — 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land jkMIERICAN AND TITLE Title Association. ASSOCIATION It CONDITIONS The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5. The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>. 27C101 6/06 o- i ALTA Commitment — 2006 Copyrlght American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. SEN