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Home My WebLink AboutMiscCONCORD PLACE FINAL PLAT Title Documents First American Title Insurance Company Subdivision Guarantee Order No. 2578272 Dated December 30, 2015 DRS PROJECT NO. 14103 D.R. STRONG CONSUL TING ENGINEERS 620 7th Ave. Kirkland, WA. 98033 RECE(VED fc60220i6 CITY Of RENTON PLANNING DIVISION U.S. BANK NATIONAL ASSOCIATION dlblo HOUSING CAPITAL COMP ANY 1420 fifllt. A'l"fllw, 8fb floor SH.ttlr, W~on 98101 A TJ"N: Ms. Krista l. Hulbmd -·· TUI,(,) (a,""""""""~ th=in), I. DEED OF 11'.UST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTIJRE FlLING :hfft"ftKr Nombtt(s) or Docmmnts aulped or n-lravd: (on page_ of do<umeul) Gnlltor(•) (La<l oame !us~ <h<D fitst name oad initials): I. AUIACOJIB ACH, I.l..C, a Wash.ingtoo limi1cd liability company 2. D Addioooa1 """"" on page _ of documatt. Gnat«(•) (La<l...., first, ,hen fuse omne ood inilials): I. U.S, BANK NATIONAL ASSOCIATION d,1,/, HOUSING CAPITAL COMPANY 2. U.S. BANK TRUST COMPANY, NAnONAL ASSOCIATI@ D Additionol....,. on page_ of documatt. IAcali desniptiao (sbbimated: i.e. lot,. block.,. plal or section, township, nmge) P1N SEC 3 TWP 23N ROE 5E SE QTI>. SE QTR, KING COUNTY l!I Full lop! description is oo Exluwl A of do<um,,,t. Assnsol''s Propnf}· Tu Parttl/Attannt Nmnbtt(1) 032305902101 DEED OF TRUST HCC LOAN #2395 12l87-S602.000I/l28233474.J DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES, SECURITY AGREEMENT AND FIXTURE FILING This deed of trust, assignment of rents and leases, security agreement and fixtnre filing (hereinafter called "Deed of Trust'') is made as of October 20, 2015, among ALBACORE ACH, LLC, a Washington limited liability company, whose address is 9675 SE 36th Street, Suite 105, Mercer Island, Washington 98040 (hereinafter called "Grantor"); U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, whose address is 111 S.W. Fifth Avenue, Portland, Oregon 97204 (hereinafter called "Trustee"); and U.S. BANK NATIONAL ASSOCIATION dlb/a HOUSING CAPITAL COMPANY, whose address is 1420 Fifth Avenue, 8th Floor, Seattle, Washington 98101 (hereinafter called "Beneficiary''). WITNESSETH: That Granter does hereby irrevocably GRANT, BARGAIN, SELL, and CONVEY TO TRUSTEE IN TRUST, WITH POWER OF SALE, that property in the County of King, State of Washington, described io Exhibit A attached hereto and by this reference incorporated herein, together with any and all buildiogs, structures and improvements now or hereafter erected on or attached to the property, including, but not limited to, the fixtures, attachments, appliances, equipment, machinery, and other articles on, in or attached to the property or to such buildiogs and improvements, all of which are hereio collectively called the ''Property"; TOGETIIER WITH all interests, estate or other claims, both io law and io equity, which Grantor now has or may hereafter acquire io the Property; TOGETHER WITH all easements, rights-of-way and rights used io connection therewith or as a means of access to the Property, and all tenements, hereditameots and appm1euances of and to the Property, and all water rights, permits, certificates and water rights agreements and shares of stock evidencing the same; TOGETHER WITH all right, title and interest of Granter, now owned or hereafter acquired, in and to any land lying within the right-of-way of any street, open or proposed, adjoining the Property; and any and all sidewalks, alleys, and strips and gores of land adjacent to or used in cormection with the Property; TOGETHER WITH all right, title and interest of Granter in and to all personal property (the "Personal Property") now or hereafter owned by Grantor and now or at any time hereafter located on or at the Property or used in connection therewith, inclnding, but not limited to, all goods, machinery, tools, insurance proceeds, equipment (iocludiog fire sprinklers and alarm systems, office air conditioning, beating, refiigerating, electronic DEE:> OF TilUST PAGE 1 HCC WAN #2395 12187°Sti02.00011121233474.l [EXECUl'lONCOPY] monitoringJ window or structuraJ cleaning rigs, maintenance, and all other equipment of every kind), lobby and all other indoor and outdoor furniture, rugs, carpets, and other floor coverings, all inventory related to the Grautor's operation of the Property and any business operated thereon by Grantor, draperies, drapery rods and brackets, awnings, window shades, venetian blinds, curtains, lamps, chandeliers and other lighting fixtures, and office maintenance and other supplies and all proceeds thereof and all rights of Grantor as lessee of any Personal Property; TOGETHER WITH all right, title, and interest of Grantor in the funds deposited pnrsnant to Section 1.6 or Section 1.7; TOGETIIER WlTil all the estate, interest, right, title, other claim or demand, which Grantor now has or may hereafter acquire in the Property, including all unearned premimns under insurance policies now or hereafter obtained by Grantor, claims or demands with respect to the proceeds of insurance, all proceeds (including, without limitation, funds, accmmts, deposits, instruments, general intangibles, notes or chattel paper) of the conversion, voluntary or involuntary, of any of the property described above into cash or other liquidated claims, including proceeds of hazard, title and other insurance and proceeds received pursuant to any sales or rental agreements of Grantor in respect to the Property, all refunds or rebates of taxes or assessments on the Property, all rights of action in respect of the Property and all judgments, damages, awards, settlements and compensation (including interest thereon), heretofore, or hereafter made to the present and all subsequent owners of any property or rights described or encmubered hereby for any injury to or decrease in the value thereof for any reason, or by any governmental or other lawful authority for the taking by eminent domain, condemnation or by any proceeding or purchase in lieu thereof of all or any part of the Property, including, without limitation, any awards resulting from a change of grade of streets and awards for severance damages. TOGETHER WlTil any and all existing and future leases (including subleases thereof), whether written or oral, rental agreements and all future agreements for use and occupancy, and any and all extensions, renewals and replacements thereof, upon all or relating to any part of the Property (hereinafter collectively referred to as the "Leases"); TOGETHER WlTil any and all guaranties of tenant's performance under any and all of the Leases; TOGETHER WlTil the immediate and continuing right to collect and receive all of the rents, fees, charges, accountsi income, receipts, revenues, issues, profits and other income or other payments of any nature now due or which may become due or to which Grantor may uow or shall hereafter (including any income of any nature coming due during any redemption period) become entitled to or may make demand or claim for, arising or issuing from or out of the Leases or from or out of the Property or any part thereof; including but not limited to fees, charges, accounts or other payments for the use or occupancy of rooms and DEED OF 11WST HCC LOAN 12395 12187-S602.00011128213474.1 PAGE2 [EXECIJ[ION COPY) other public facilities, minimum rents, additional rents, percentage rents, parking or connnou area maintenance contributionst lax and insurance contributions, deficiency rents and liquidated damages following default in any Lease, all accounts, instruments, and general intangibles related to the Grantor's operation of the Property and any business operated thereon by Grautor and all proceeds thereof, and all proceeds payable under any policy of insurance covering loss of rents resulting from untenantability caused by destruction or damage to the Property, together with any and all rights and claims of any kind which Granter may have against any tenant under the Leases or any subtenants or occupants of the Property and all proceeds payable as a result of the Tenanrs exercise of an option to purchase the Property, all proceeds derived from the termination or rejection of any Lease in a bankruptcy or other insolvency proceeding, and all proceeds from any rights or claims of any kind that Grant or may have against Tenant under the leases or any occupancy of the Property (all such monies, rights and claims described in this paragraph being hereinafter called "Cash Collateral"), excepting therefrom, any sums which by the express provisions of any of the Leases are payable directly to any governmental authority or to any other person, furn or corporation other than the landlord under the Leases; SUBJECT, HOWEVER, to a license hereby granted by Beneficiary to Granter, but limited as hereinafter provided, to collect and receive all of the Cash Collateral. TOGETHER WITH all plans, specifications, contracts, agreements and purchase orders pertaining or incidental to the design or construction of any Improvements; TOGETIIER WITH all of Grantor's rights 1D1der any payment, performance or other bond in coooection with construction of Improvements, and all construction materials, supplies and equipment delivered to the Property or intended to be used in coooection with the construction of Improvements wherever actually located. All architectural drawings, plaus, specifications, soil tests, feasibility studies, appraisals, engineering reports and similar materials relating to the Property; TOGETIIER WITH all contracts and rights pertaining to or affecting the Property including without limitation all options or contracts to acquire other property for use in coooection with operation or development of the Property, deposits, bank acco1D1ts, contract rights, acco1D1ts, geneml intangibles (including without limitation trademarks, trade names and symbols), permits, licenses, franchises and certificates; TOGE11IER WITH all commitments or agreements, now or hereafter in existence~ intended by the obliger thereof to provide Grant or funds to repay the Beneficiary or improve the Property and the right to receive all proceeds due wider such coonoitmeots or agreements including refundable deposits and fees; TOGETHER WITH all books, records, surveys, reports, and other documents related to the property described herein or construction or operation of the Property; DEED OF musr HCC LOAN i'239S 12187.5602.000IJl2S23H74J PAGEJ (EXECl111DN COPY] TOGETHER WITII all governmental pennissioos, environmental clearances, authority to subdivide the Property, rights, licenses and pennits as are necessary for the commencement, continuation, completion, occupancy, use and disposition of all or any portion of the Property; and TOGETHER WITII all additions, accessions, replacements, substitutions, proceeds and products of the property described herein. The entire estate, property, and interest hereby conveyed to Trustee may hereafter be referred to as the "T rnst Estate." FOR THE PURPOSE OF SECURING: IA. Payment of indebtedness in the principal amount of$2,973,750 with interest thereon, evidenced by that certain promissory note of even date herewith, executed by Grantor, as Borrower, which has been delivered to, and is payable to, the order of Beneficiary and which, by this reference, is made a part hereof, and any and all modificatious, extensions and renewals thereof: The interest rate, payment terms, or the balance due on such note and the indebtedness evidenced thereby may be indexed, adjusted, renewed, or renegotiated without affecting the priority of this Deed ofTmst. IB. Payment of indebtedness in the principal amount of $5,000,000 with interest thereon, evidenced by that certain promissory note dated as of July 18, 2014, execnted by ACH Builders, LLC, which has been delivered to, and is payable to, the order of Beneficiary and which, by this reference, is made a part hereof, and any and all modifications, extensions and renewals thereo( The interest rate, payment terms, or the balance due on such note and the indebtedness evidenced thereby may be indexed, adjusted, renewed, or renegotiated without affecting the priority of this Deed ofTmst. IC. Payment of indebtedness in the principal amount of$5,347,500 with interest thereon, evidenced by that certain promissory note dated as of Octobe.-27, 2015, executed by ALBACORE ACH, LLC, a Washington limited liability company, which has been delivered to, and is payable to, the order of Beneficiary and which, by this reference, is made a part hereof, and any and all modifications, extensions and renewals thereof. The interest rate, payment terms, or the balance doe on such note and the indebtedness evidenced thereby may be indexed, adjusted, renewed, or renegotiated without affecting the priority of this Deed of Trust. Each promissory note referenced in paragraphs IA, 1B and IC above are herein individually and collectively hereafter referred to as the ''Note." 2. Payment of all sums which may become due from Borrower under the Secured Loan Doctunents or advances by Beneficiary or its successor under the Secured Loan DEED OFTRUS'f HCC LOAN #2395 12187-S602.000l/128233474.1 [EXECUTION COPY] Docmnents, with interest thereon at the Default Rate (as defined herein), which include but are not limited to, fire aud other hazard insurance and taxes upon the Propel1y, according to the teims of this Deed of Trust; payment by the Borrowers of all reasonable attorneys' fees and costs incurred by the Trustee or Beneficiary in foreclosing this Deed of Trust or realizing upon any of the collateral for the obligations which this Deed of Trust secures; payment by Borrowers of all reasonable attorneys' fees and costs incurred by Trustee or Beneficiary in defending the priority or validity of this Deed ofTrust or the title to the Property; payment by Borrowers of all smns advanced by Beneficiary to or 011 behalf of Granter for the purpose of clearing enclllllbrances or defects from the title to the Property where Beneficiary, in good faith, believes such encwnbrances to be superior lo the lien of the Deed of Trust, includi!lg, without limitation, payment of ad valoren1 taxes 811d mechanics' or materialmen's liens which may have gained priority over the lien of this Deed of Trust; payment by Borrowers of all reaso118ble attorneys, fees and costs incurred by Trustee or Beneficiary in 811Y bankruptcy proceedings or 811Y reorganization or ammgement proceeding under the United States Banbuptcy Code affecting any Borrower or this Deed ofT rust, and payment of all other SUtnS advanced by Beneficiary nnder the Secured Loan Documents to protect the Trust Estate, with interest thereon at the Default Rate. 3. Payment of all other sums, with interest thereon, which may hereafter be loaned to Borrowers, its successors, or assigns, by Beneficiary, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. 4. Payment and perfoTTll8Dce of all of the obligations of Granter or Borrower nnder any loan agreement between 811Y Borrower and Beneficiary related to the loan evidenced by the Note or related to 811Y other indebtedness of any Borrower to Beneficiary when such indebtedness is evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust (together with all modifications, amendments, supplements, and exhibits thereto, the "Loan Agreement''). This Deed ofTrust, the Note, the Loan Agreement, and any other docmnent given to evidence or further secure the payment and performance of any obligation secured hereby may hereafter be referred to as the "Loan Documents." Notwithstanding the foregoing, this Deed of Trust does not secure and shall not be construed as securing (a) any obligation of Granter under (i) any Indemnity Agreement made by Grantor or any Borrower for the benefit ofBeneficimy or (.i.JJ any access laws indemnity made by Grantor or any Borrower for the benefit of Beneficiary and (b) any guaranty of or any obligation of any guarantor under any of the Loan Doctllllents. The terrn "Sec11Ted Loan Documents" means the Loan Doctllllents except the Indemnity Agreement and any guaranty of any of the Grantor's obligations under the Loan Doctllllents. ARTICLE I. COVENANTSANDAGREEMENTSOFGRANTOR Granter hereby covenants and agrees: DEED OF TRUST HCC LOAN #239:5 12187-:56020001/1282B474.l PAGES jEXEC\lllON COPY] 1.1 Maintenance of the Property The Property shall be maintained in good condition at all times. Grantor shall promptly make all necessary repairs, replacements, and renewals so that the value of the Property shall be maintained. Grantor shall oot commit or permit any waste on the Property. Grantor shall comply with all laws, ordinances, regulations, and private restrictions affecting the Property. Grantor shall operate the Property in such manner as to prevent deterioration of the land and improvements including fences, except for reasonable wear and tear from proper use. Grantor shall not demolish or remove any improvements from the Property without the written consent of Beneficiary. 1.2 Required Insurance Grantor shall at all times provide, maintain, and keep in force, or cause to be provided, maintained, and kept in force, the policies of insurance as required under the Loan Agreement. 1.3 Delivery of Policies; Payment of Premiums Proceeds (a) All policies of insurance shall be issued by companies and in amounts in each company satisfactory to Beneficiary. All policies of insurance shall have attached thereto a lender's loss payable endorsement for the benefit of Beneficiary in form satisfactory to Beneficiary. Grant or shall furnish Beneficiary with an original policy ( or certificate of insurance if acceptable to Beneficiary) of all policies of required insurance. If Beneficiary consents to Grant or providing any of the required insurance through blanket policies carried by Grant or and covering more than one location, then Gran tor shall furnish Beneficiary with a certificate of insurance for each such policy setting forth the coverage, the limits of liability, the name of the carrier, the policy number, and the expiration date. (b) At least 30 days prior to the expiration of each such policy, Gran tor shaU furnish Beneficiary with evidence satisfactory to Beneficiary of the payment of premium and !he reissuance of a policy continuing insurance in force as required by this Deed of Trust. All such policies shall contain a provision that such policies will not be canceled or materially amended, which term shall include any reduction in the scope or limits of coverage without at least 30 days' prior written notice to Beneficiary. In the event Grantor fails to provide, maintain, keep in force, or deliver and furnish to Beneficiary the policies or certificates of insurance required by this section, Beneficiary may procure such insurance or single-interest insurance for such risks covering Beneficiary's interest, and Grautor will pay all premiums thereon promptly upon demand by Beneficiary and, until such payment is made by Grantor, the amount of all such premiwns shall be secured by this Deed of Trust. ( c) In the event ofloss, Grant or shall immediately notify Beneficiary, who may make proof of loss if it is not made promptly hy Grantor. Proceeds shall be paid directly to DEED Of TRUST HCC LOAN #2395 12117•5602,0001/128233474.1 PAGE6 (EJ<EClmON COPY] Beneficiary who may compromise with any insurance company and make a final settlement which shall be binding upon Graotor. Beneficiary may, at its election, apply the proceeds to the reduction oftbe indebtedness secured hereby or to the restoration or repair of the Property. 1.4 Assignment of Policies Upon Foreclosure lo the eveut of foreclosure of this Deed of Trust or other transfer of title or assigmneut of the Trust Estate in extinguishment, in whole or in part, of the debt secured hereby, all right, title, and interest of Granter in and to all policies of insurance required by Section 1.2 shall inure to the benefit of and pass to the successor in interest to Graotor or the purchaser or grantee of the Trust Estate. 1.5 Indemnification; Snbrogation; Waiver of Offset (a) If Beneficiary is made a party defendant to any litigation concerning this Deed of Trust or the Trust Estate or any part thereof or interest therein, or the occupancy thereof by Granter, then Granter shall indemnify, defend, and hold Beneficiary hannless from all liability, loss, cost, or damage, by reason of said litigation, including reasonable attorney fees and expenses incurred by Beueliciary in any such litigation, whether or not any such litigation is prosecuted to judgment. (b) Granter waives any and all right to claim or recover against Beneficiary, its officers, employees, agents, and representatives, for loss of or damage to Grantor, the Trust Estate, Grantor's property, or the property of others under Grantor's control from any cause insured against or required to be insured against by the provisions of this Deed of Trust. (c) All sums payable by Borrowers hereunder and all obligations secured hereby shall be paid without counterclaim, setofI, deduction, or defense and without abatement, suspension, defermeut, diminution, or reduction; and the obligations and liabilities of Borrowers hereunder shall in no way be released, discharged, or othetwise affected ( except as expressly provided herein) by reason of (i) any damage to or destrnction of or any condemnation or similar talcing of the Trust Estate or any part thereof; (ii) any restriction or prevention of or interference with any use of the Trust Estate or any part thereof; (iii) any title defect or eucuwbrance or any eviction from the Property or the hnprovements or any part thereof by title paramount or otherwise; (iv) any bankruptcy, insolvency, reorganization, composition, adjustment, dissolution, liquidation, or other like proceeding relating to Beueficiary, or any action taken with respect to this Deed ofTIUSt by any trustee or receiver of Beneficiary, or by any colll1, in any such proceeding; (v) any claim which Borrowers have or might have against Beneficiary; (vi) any default or failure on the part of Beneficiary to perform or comply with any of the terms hereof or of any other agreement with Bcrrowers; or (vii) any other occurrence whatsoever, whether similar or dissimilar to the foregoing and whether or not Borrowers shall have notice or knowledge of any of the foregoing. Except as D:E:ED OF TRUST HCC IDAN 12395 121B7 .$6[)2.000IJ12J23J.474. l PAGE7 t=CUflON COPY] expressly provided hereio, Grantor waives all rights now or hereafter conferred by statute or otheiwise to any abatement, suspension, defennent, dimioution, or reduction of any sum secured hereby and payable by Borrowers. 1.6 Taxes and Liens Granter shall pay before they become delinquent all taxes and assessments levied against or on account of the Trust Estate and sball pay as due all claims for work done on or for services rendered or material furnished to the Property. Special assessments shall be paid currently, without deferral, unless the lien for deferred assessments is subordinate to the interest of Beneficiary under this Deed of Trust, or Beneficiary gives its prior written consent to the deferral. Gr.inter shall maintain the Trust Estate free of any liens or encumbrances except for Permitted Exceptions, the lien of taxes and assessments not delioquent, and except as hereioafter otherwise provided. Granter may withhold payment of any tax, assessment, or claim io coooectioo with a good faith dispute over the obligation to pay, so long as Beneficiary's ioterest io the Trust Estate is not jeopardized. If a lien arises or is filed as a result of nonpayment, Granter shall withio 15 days after the lien arises or, if a lien is filed, withio 15 days after Grant or bas notice of the filing, secure the discharge of the lien or deposit with Beneficiary cash or a sufficient corporate surety bond or other security satisfactory to Beneficiary in an amount sufficient to discharge the lien plus any costs, attorney fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. The assessor or tax collector of the county in which the Property is located is authorized to deliver to Beneficiary a written statement of the property taxes assessed or owiog at any time. l. 7 Reserves Beneficiary may require Granter to maiotaio reserves for payment of taxes (including special assessments and other charges against the Trust Estate by govermnental or quasi-goverrooeotal bodies) or premiums on property iosurance or both. The reserves shall be created by payment each month to Beneficiary of an amount determioed by Beneficiary to be sufficient to produce by the date they are due amounts equal to the estimated taxes and insurance premilDllS to be paid. If at the time that payments are to be made the reserve for either taxes or insurance premiums is iosufficient, Grantor shall upon demand pay such additional sum as Beneficiary shall determioe to be necessary to cover the required payment. If Grant or desires to carry a package plan of iosuraoce that iocludes coverage io addition to that required under this Deed of Trust, Beneficiary, if allowed by law, may at its option establish and administer a reserve for that purpose. Io such event the premilllD attributable to the required insurance coverage shall be quoted separately, and Beneficiary may permit Granter lo furnish a certificate of iosurance rather than deposit the policy as required above. If at aoy time Beneficiary holds an iosufficient amount io the iosurance reserve to cover the premium for the entire package policy, Beneficiary may, at its discretion, pay only that portion of the premilllD attributable to the required insurance coverage. If the blanket policy DEED OF 11WST HCC LOAN #239S 12187-S602.0001Jl282J3474.l PAGES [EXEClmON COPY] does not permit such partial payment, Beneficiary may use the reserve fimds for the premiUUI on a new, separate policy providing the required insurance coverage and allow the package policy to lapse. Beneficiary shall not charge a service charge for collecting reserves and paying taxes and insurance premiums. The reserves shall not constitute a trust. Grantor agrees that Beneficiary may commingle reserve funds with other funds of Beneficiary and need not invest them for the benefit of Grantor. Grantor agrees that Beneficiary need not pay Granto, interest ou reserves, unless applicable statutes require payment of interest notwithstanding any contrary agreement. 1.8 Expenditures by Beneficiary If Borrowers shall fail to comply with any provision of the Loan Documents, Beneficiary may, at its option, on Borrowers' behalf, and with subsequent notice to Borrowers, take the required action and any amount that it reasonably expends in so doing shall be added to the indebtedness secured hereby. Amounts so added shall be payable on demand with interest at the default interest rate specified in the Note ("Default Rate'') from the date of expenditure. Failure to repay such expenditure and interest thereon on demand will, at Beneficiary's option, constitute an event of default hereunder. Beneficiary may, at its option, commence an action against Borrowers for the recovery of such expenditure and interest thereon, and in such event Grantor agrees to pay, in addition to the amount of such expenditure, all costs and expenses incurred in such action, together with a reasonable attorney's fee at trial and on appeal. 1.9 Utilities Grantor shall pay or cause to be paid when due all utility charges which are incurred by Grantor for the benefit of the Trust Estate or which may become a charge or lien against the Trust Estate for gas, electricity, water or sewer services furnished to the Trust Estate and all other assessments or charges of a similar nature, whether public or private, affecting the Trust Estate or any portion thereof, whether or not such assessments or charges are liens thereon. 1.10 Warranly; Defense of Title Grantor warrants that Grantor holds merchantable title to the Property in fee simple, free of all encumbrances other than the Permitted Exceptions (as defined in the Loan Agreement). Grantor warrants and will forever defend the title against the claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Beneficiary under this Deed of Trust, Grantor shall defend the action at Grantor's expense. If any Permitted Exception is a lien, Grantor shall pay any sums and do any other acts necessary to prevent a default or prevent any action or condition which with the lapse of time, the giving ofnotice, or any other action of a creditor, would be a default or enable any creditor to declare a default or foreclose any Permitted Exception which is a lien. DEED OF TRUST HCC LOAN #231'5 12187-5602.0001/128233474.1 PAGE9 [EXECUl"ION COPY) 1.11 Condemnation If all or any part of the Trust Estate is condeuwed, the net proceeds of the award shall be paid directly to Beoeficiary and be applied on the indebtedness secured hereby. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorney fees necessarily paid or incurred by Granter and Beneficiary in connection with the condemnation. If any proceeding in condeuwation is filed, Granter shall promptly take such steps as may be necessary to defend the action and obtain the award. Granter hereby assigns to Beneficiary the net proceeds of any condemnation award. 1.12 Imposition of Tax The following shall constihlte taxes to which this paragraph applies: (a) A specific tax upon deeds of trust or upon all or any part of the indebtedness secured by a deed of trust. (b) A specific tax on the owner of property covered by a deed of trust which the taxpayer is authorized or required to deduct from payments on the deed of trust. ( c) A lax OD premises covered by a deed of trust chargeable against Beneficiary tmder the deed of trust or the holder of the note secured. ( d) A specific tax on all or any portion of the indebtedness secured hereby or OD payments of principal and interest made by a Grant or nnder a deed of trust If any federal, state, or local ta.x to which this paragraph applies is enacted subsequent to the date of this Deed of Trust, this shall have the same effect as a default and Beneficiary may exen:ise any or all of the remedies available to it in the event of a default unless the following conditions are met: (a) Grantor may lawfully pay the tax or charge imposed; and (b) Grantor pays the tax or charge within 30 days after notice from Beneficiary that the tax law has been enacted. 1.13 Inspedion That Beneficiary, or its agents, representatives or workmen, are authorized to eoter al any reasonable time upon or in any part of the Property for lhe pwpose of inspecting the same and for the pwpose of perfonning any of the acts it is authorized to perfonu tmder the tenns of any of lhe Loan Documeots. DEED OF TRUST HCC LOAN lil23515 12181-S602.00011128233474.l PAGE 10 [EXECllflON COPY) 1.14 No Waiver By accepting payment of any obligation seemed hereby after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other obligations · secured hereby or to declare default for failure so to pay. 1.15 Accounting Financial terms used herein which are not specifically defined herein shall have the meanings ascribed to them noder generally accepted accmmting principles. For any Granter or Borrower who does not have a separate fiscal year end for tax reporting purposes, the fiscal year will be deemed to be the calendar year. The financial statements and other information previously provided to Beneficiary or provided to Beneficiary in the fuhrre are or will be complete and accurate and prepared in accordance with generally accepted accounting principles. There has been no material adverse change in Grantor's or Borrower's financial condition since such information was provided to Beneficiary. Grantor and Borrower will (i) maintain accounting records in accordance with generally recognized and accepted principles of accounting consistently applied throughout the accounting periods involved; (ii) provide Beneficiary with such information concerning its business affairs and financial condition (including insurance coverage) as Beneficiary may request; and (iii) without request, provide to Beneficiary the following financial information, in form and content acceptable to the Beneficiary: Provide to Beneficiary the fmancial information called for in the Loan Agreement. In the event Grant or or Beneficiary fails to furnish any of the financial information hereinabove required, Beneficiary may cause an audit to be made of Grantor's and Borrower's books and records, at Grantor's and Borrower's sole cost and expense. 1.16 Use or Property; Commercial Loan The Property is not used principally for agriculhrral purposes. The loan evidenced by the Note is not made primarily for personal, family or household purposes. ARTICLE D. SECURITY AGREEMENT; FIXTURE FILING 2.1 Creation of Security Interest Granter hereby grants to Beneficiary a security interest in (a) the Personal Property located on or at the Property, including without limitation any and all property of similar type or kind hereafter located on or at the Property, (b) the Cash Collateral, and (c) all other Trust Estate property in which a security interest may be granted llllder the Uniform Commercial Code of Washington (collectively, the "Secured Property''), for the purpose of securing all obligations of Grantor contained in any of the Secured Loan Documents. DEED OF TRUST HCCLOANnl9.5 12187~5602.00CI )112823 3474 .) PAGE 11 [EXECUI'IDN COPY] 2.2 Warranties~ Representations~ and Covenants of Grantor Grantor hereby warrants, represents and covenants as follows: (a) Except for the security interest granted hereby, Grant or is, and as to portions of the Secured Property to be acquired after the date hereof will be, the sole owner of the Secured Property, free from any adverse lien, security interest, encumbrance or adverse clainJS thereon of any kind whatsoever. Grantor will notify Beneficiary of, and will defend the Secured Property against, all claims and demands of all persons al any time claiming the same or any interest therein. (b) Grant or will not lease, sell, convey or in any manner transfer the Secured Property without the prior written consent of Beneficiary. ( c) The Secured Property is not used or bought for personal, family or household purposes. (d) The Secured Property will be kept on or at the Property and Grantor will not remove the Secured Property from the Property without the prior written consent of Beneficiary, except such portions or items of Secured Property which are conmnned or worn out in ordinary usage, all of which shall be promptly replaced by Granter with an article of equal suitability owned by Grantor free and clear of any lien or security interest except such as may be approved in writing by Beneficiary. (e) Grnntor maintains a place of business in the State of Washington, and Grantor will immediately notify Beneficiary in writing of any change in its place of business. (f) Al the request of Beneficiary, Granter will join Beneficiary in executing one or more financing statements and renewals and amendments thereof pursuant to the Uuiform Commercial Code of Washington in form satisfaclmy to Beneficiary, and will pay the cost of filing the same in all public offices wherever filing is deemed by Beneficiary to be necessary or desirable. (g) All covenants and obligations of Grant or contained herein relating to the Trust Estate shall be deemed to apply to the Secured Property whether or not expressly referred to herein. (h) This Deed of Trust constitutes a security agreement as that term is used in the Uniform Commercial Code of Washington. 2.3 Fmure Filing This Deed of Trust constitutes a financing statement filed as a fixture filing in the Official Records of the County in which the Property is located with respect to any and all DEED OFlRUST HCC ID.AN llil2351S 12187-5602.0001/128233474.l PAGE 12 [EXECUl'ION COPY] fixtures included within the term "Trust Estate" as used herein and with respect to any goods or other personal property that may now or hereafter become such fixtures. ARTICLE ill. ASSIGNMENT OF LEASES AND RENTS 3.1 Assignment Grantor hereby assigns to Beneficiary and grants to Beneficiary a security interest in all Leases and Cash Collateral as secwity for performance of all obligations contained in the Secured Loan Docwneots. J.2 Representations and Warranties Granter represents and warrants as follows: (a) Grantor has good right, title and interest in and to the Leases and Cash Collateral and good right to assign the same, and no other person has any right, title or interest therein. (b) Grant or has duly and punctually performed all and singular the terms, covenants, conditions and warranties of the Leases on Grantor's part to be kept1 observed and performed. (c) The existing Leases, if any, are valid and, except as disclosed to Beneficiary in writing, unmodified and are in full force and effect. (d) Grnntor has not previously sold, assigned, transferred, mortgaged, pledged or granted a security interest in the Leases and Cash Collateral, whether now due or hereafter to become due_ (e) None of the Cash Collateral due and issuing from the Property or from any part thereof has been collected for any period in excess of one month from the date hereof, and payment of any of same has not otheiwise been anticipated, waived, released, discounted, set off or otherwise discharged or compromised. (f) Grnntor has not received any funds or deposits from any tenant for which credit has not already been made on account of accrued Cash Collateral. (g) thereo[ None of the tenants under any existing Leases is in default of any of the terms 3.3 Covenants of Performance Granter covenants and agrees as follows: DEED OF TRUSf HCC I.DAN#239S 12l87-S602..000l/1282B474J PAGEB [EXECUTH)N COPY] (a) Grantor shall observe, perfonn, and discharge, duly and punctually, all of the obligations of the Leases on the part of Grant or to be kept, observed, and perfonned; and shall give prompt notice to Beneficiary of any failure on the part of Granter to observe, perform, and discharge same. (b) Grant or shall notify and direct in writing each and every present or future tenant or occupant of the Property or any part thereof that any security deposit or other deposits heretofore delivered to Granter have been retained by Grantor or assigned and delivered to Beneficiary as the case may be. ( c) Grant or shall enforce the performance of each and every obligation, term, covenant, condition, and agreement in the Leases by any tenant to be performed, and shall notify Beneficiary of the occurrence of any material default Ullder the Leases. (d) Granter shall appear in and defend any action or proceeding arising wider, occwring out of, or in any manner connected with the Leases or the obligations, duties, or liabilities of Granter or any tenant thereunder at the expense of Granter. 3.4 Prior Approval for Actions Affecting Leases Granter, without the prior written consent of Beneficiary, further covenants and agrees as follows: (a) Granter shall not receive or collect any Cash Collateral from any present or future tenant of the Property or any part thereof for a period of more than one month in advance (whether in cash or by promissory note) nor pledge, transfer, mortgage, grant a security interest in, or otherwise encumber or assign future payments of Cash Collateral. (b) Gmntor shall not waive, forgive, excuse, condonei discount, set off, cornpromise, or in any manner release or discharge any tenant under any Leases having a term in excess of one year of or from any material obligations, covenants, conditions, and agreements by such tenant to be kept, observed, and performed, including the obligation to pay the Casb Collateral therewider in the manner and at the place and time specified therein. (c) Grantor shall not cancel, terminate, or consent to any surrender of any of the Leases having a tenn in excess of one year, nor collllllence any action of ejectment or any summary proceedings for dispossession of the tenant under any such Leases, nor exercise any right of recapture of the Property provided in any such Leases, nor modify or in any way alter the terms thereof. {d) Granter shall not lease any part of the Property for a term in excess of one year, nor renew or extend the term of any Leases of the Property other than month-to-montb rental agreements unless an option therefor was originally so reserved by tenants in the Leases. DEED OFlRUST HCC lDAN #239S 12117~5602.0001/12:82334 74.l PAGE 14 [EXECUTION COPY) ( e) Grant or shall not relocate any commercial tenant within the Property nor consent to any modification of the express purposes for which the Property has been leased, uor consent to any subletting of the Property or any part thereof, or to any assigmnent of the Leases by any commercial tenant there1mder or to any assignment or further subletting of any sublease. 3.5 Rejection of Leases Granter further covenants and agrees as follows: (a) In the event any teoant under the Leases should become the subject of any proceeding under the United States Bankruptcy Code or any other federal, state or local statute which provides for the possible termination or rejection of the Leases assigned hereby, Granter covenants and agrees that in the eveot any of the Leases are so rejected, no damage settlemeot shall be made without the prior written consent of Beneficiary. (b) Grant or will request that any check in paymeot of damages for rejection or termination of any such Lease will be made payable both to Granter and Beneficiary. ( c) Grant or hereby assigns any such payment lo Beoeficiary and further coveoants and agrees that upon request ofBeoeficiary, it will duly eodorse to the order of Beneficiary any such check, the proceeds of which will be applied to any portion of the indebtedness secured by this Deed of Trust in such manner as Beneficiary may elect. 3.6 Litense to CoDect Cash Collateral As long as there shall exist no default by Grantor or any Borrower in the payment of any indebtedness secured hereby or in the observance and performance of any obligation, term, coveoant or condition or warranty herein or in the Note or contained in the Leases, Grantor shall have the right under a license granted hereby (but limited as provided herein) to collect, but not prior to accrual, all of the Cash Collateral arising from or out of said Leases or any renewals, extensions and replacements thereof, or from or out of the Property or any part thereof. Granter shall receive such Cash Collateral and hold the Cash Collateral, together with the right and liceose herein granted as a trnst fund to be applied, and Grantor hereby covenants to so apply them, as required by Beneficiary, firstly to the payment of taxes and assessments upon the Property before penalty or interest is due thereon; secondly to the costs of insurance, maintenance and repairs required by the terms of this Deed of Trust; thirdly to satisfaction of all obligations under the Leases; and fourthly to the payment of interest, principal and any other sums becoming due under the Note and Secured Loan Documents, before using any part of the same for any other purposes. Upon the conveyance by Grantor and its successors and assigns of Grantor's interest in the Property, all right, title, interest and powers granted under the license aforesaid shall automatically pass to and may be exercised by each subsequent owner. DEED OF TRUST HCCWANM1395 12187-S602.000111 282334 74.l PAGE IS [EJCECUI']ON COPY] ARTICLE IV. DEFAULT AND REMEDIES UPON DEFAULT 4.1 Events of Default Any of the following events shall be deemed an event of default here!l!lder: (a) Default shall be made in the payment of any installment of principal or interest on the Note or any other sum secured hereby when due; or (b) Granter, any Borrower or any guarantor of the indebtedness secured hereby as applicable shall file a voluntary petition in bankruptcy or such a petition shall be filed against Granter, any Borrower, or any guarantor; or if Grant or, any Borrower, or any guarantor shall file any petition or answer seeking or acquiescing in any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief for itself under any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or shall seek or consent to or acquiesce in the appointment of aoy trustee, receiver or liquidator of Grantor, any Borrower, or any guarantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereof, or shall make any general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts generally as they become due; or ( c) A court of competent jurisdiction shall enter au order, judgment or decree approving a petition filed against Granter, any Borrcwer, or any guarantor seeking any reorganization, dissolution or similar relief nnder any present or future federal, state or other statute, law or regulation relating to bankruptcy, insolvency or other relief for debtors; or any trustee, receiver or liquidator ofGrantor, any Borrcwer, or any guarantor or of all or any part of the Trust Estate, or of any or all of the royalties, revenues, rents, issues or profits thereo( shall be appointed without the consent or acquiescence of Granter, any Borrcwer, or any affected guarantor; or ( d) A notice of lien, levy or assessment is filed or a writ of execution or attachment or any similar process shall be issued or levied against all or any part of or interest in the Trust Estate, or any judgment involving monetary damages shall be entered against Grantor which shall become a lien on the Trust Estate or any portion thereof or interest therein; or (e) There has occurred a breach ofor default under any term, covenant, agreement, condition, provision, representation, or warranty·contained in any of the Loan Documents or any part thereof, not referred to in this Section 4.1; or (f) A default occurs nnder any guaranty of a loan secured hereby or any guaranty of a loan secured hereby ceases to be in full force and effect or any guarantor asserts that any guaranty is not in full force and effect or any guarantor shall die; or DEED OF1RUST HCC LOAN #239S l2187-S602..0001/128233474.1 PAGE 16 (g) The actual or attempted conveyance, assignment, transfer, mortgage, pledge, encrnnbrance, or other disposition of the Project, the Property, or Grantor's rights under this Deed ofTmst in violation of the tenns of this Deed ofTmst or the Loan Docmnents without the written consent of Beneficiary; or (h) If the Loan Docmnents evidence or secure a constmction loan, any of the following events shaU also be deemed an event of default hereunder (capitalized terms not otherwise defined herein shall have the meanings given to them in the Loan Documents): (i) The dissolution, liquidation, bankmptcy, reorganization or insolvency, voluntary or involuntary, of the contractor, engineer or architect. (ii) Title to the Properly is not satisfactory to Beneficiary by reason of any defect ( even though the same may have existed at the time of any prior advance of the Joan proceeds), except those matters affecting title which have at any time been consented to in writing by Beneficiary, or the Title Insurer fails or refuses to insure any disbursement to be secured by this Deed ofTmst as a valid lien on the Property subject only to those matters affecting title which have al any time been consented to in writing by Beneficiary. (iii) Grantor and Borrower do not constmct the Project substantially in accordance with aU material aspects of the Plans and Specifications and aU applicable laws, rules, regulations and requirements now existing or hereafter enacted, adopted or promulgated of aU goverrnnental authorities having jurisdiction over the Property, or Gran tor fails to file with the appropriate departments of any governmental authority having jurisdiction over the Property amended or supplemental Plans and Specifications if required by Jaw, or Grant or or Borrower fails lo furnish to Beneficiary written certificates issued by such departments approving the Plans and Specifications. (iv) The substantial delay, discontinuation, or prohibition of construction of Improvements on the Property. (v) Granter or Borrower fails lo comply with any requirement of any government authority having jurisdiction over the Property within the lime required by such authority after notice in writing of such requirement shall have been given to Grantor or Borrower. (i) If Grantor or any Borrower shall be in default, violation or non-compliance with a Permitted Exception. (i) Any default by Granter or Borrower or any guarantor of any of Grantor's or Borrower's indebtedness to Beneficiary under any indebtedness (whether now existing or he:i:eafter incurred) in favor of Beneficiary or the failure ofGrantor or Boaower or any such DEE> OF TRUST PAGE 17 HCC LOAN '2395 12187 ·5602.000111282334 74.J [EXEC11J'ION COPY) guarantor to comply with or to perform any tenn, obligatioo, covenant or coodition cootaiued in any agreemeut between Grantor and Beneficiary or in any agreement between Borrower and Beneficiary or in any agreement between any such guarantor and Beneficiary (whether such agreement exists now or is hereafter made). (k) The Grautor or Borrower or any guarantor of the Grantor's or Borrower's indebtedness to the Beneficiary shall be in default under the tenns of any loan agreemenl, promissory note, lease, conditional sale contract or other agreement, document or instrumeul evidencing, governing or securing any indebtedness owing by the Grautor or Borrower or any such guarantor lo any third party and the period of grace, if any, to cure such default shall have passed. (I) Any judgment shall be obtained against the Grantor, Borrower or any guarantor of the Grantor's or Borrower's indebtedness to the Beneficiary which shall remain unvacated, unbonded or unstayed for a period of 30 days following the date of entry thereof. 4.2 Rights and Remedies on Default Upon the occurrence of any event of default and at any time thereafter, Beneficiary may exercise any one or more of the following rights and remedies: (a) Withhold further disbursement of proceeds of the loan that is evidenced by the Note. {b) The right at its option by notice to Grautor and Borrower to declare the en lire indebtedness secured hereby immediately due and payable. ( c) With respect lo all or any part of the Property, the right to foreclose by judicial foreclosure in accordance with applicable law. (d) The right to have Trustee sell the Trust Estate in accordance with the Deed of Trust Act ofWashmgton and the Uniform Commercial Code of Washington where applicable, at public auction to the highest bidder. Any person except Trustee may bid at the Trustee's sale. The power of sale conferred by this Deed of Trust and the law is not an exclusive remedy and when not exercised, Beneficiary may foreclose this Deed of Trust as a mortgage. Truslee is not obligated to notify any party hereto of a pending sale under any other deed of trust or of any action or proceeding in which Grautor, Trustee, or Beneficiary shall be a party, unless such action or proceeding is brought by Trustee. (e) With respect to all or any part of the Trust Estate that constitutes personalty, the right, and remedies of a secured party under the Uniform Commercial Code of Washington. DEED OF TRUST PAGE 18 HCC I.DAN #2395 121S7-S602,000l/l28233474.1 [EXECl1l10N COPY] (I) The right, without notice to Grantor, to terminate the license granted to Granter to collect the Cash Collateral without taking possession, and to demand, collect, receive, sue for, attach and levy against the Cash Collateral in Beneficiary's uame; to give proper receipts, releases and acquittauces therefor; and after deducting all necessary and proper costs and expenses of operation and collection as detemrined by Beneficiary, including reasonable attorney fees, to apply the net proceeds thereof, together with any ftmds of Grant or deposited with Beneficiary, upon any indebtedness secured hereby and in snch order as Beneficiary may detennine. In furtherance of this right, Beneficiary may require any tenant or other user to make payments of rent or use fees directly to Beneficiary, and payments by such tenant or user to Beneficiary in response to its demand shall satisfy the obligation for which the payments are made, whether or not any proper grounds for the demand existed. (g) The right to have a receiver appointed to take possession of any or all of the Trust Estate, with the power to protect and preserve the Trust Estate and to operate the Trust Estate preceding foreclosure or sale and apply the proceeds, over and above cost of the receivership, against the indebtedness secured hereby. The receiver may serve without bond if permitted by law. Beneficiary's right to the appoinbuent of a receiver shall exist whether or not apparent value of the Trust Estate exceeds the indebtedness by a substantial am01mt. Granter hereby irrevocably consents to the appoinbuent of a receiver on the terms set forth herein. Employment by Beneficiary shall not disqualify a person from serving as receiver. Upon taking possession of all or any part of the Trust Estate, the receiver may: (I) Use, operate, manage, control, and conduct business on the Trnst Estate; (2) Make expenditure for all maintenance, renewals, replacements, alterations, additions, and improvements to the Trust Estate as in its judgment are proper; (3) Insure andreinsure the Trust Estate and all risks incidental to the possession, operation, and management of the Trust Estate; (4) Collect the Cash Collateral and any other revenues and income from the Trust Estate and apply such sums to the expenses of use, operation, and management in such priority as the receiver deems appropriate. Granter shall promptly turn over to the receiver all documents, books, records, papers, and accounts, together with the amount of any deposits, rentals, and use fees from any tenant or other user. The receiver may appear in any proceeding or briog suit on Grantor's behalf, as necessary to enforce obligations of any tenant or other user, including actions for the recovery of rent and actions in forcible detainer; DEED OF TRUST HCC LOAN #2395 12Ul'M602.000lf12S233474.1 PAGEl9 (5) Cancel or terminate any Lease or agreement for any cause for which Granter would be enlitled lo cancel the same; (6) Extend or modify any Lease and make any new Lease on any portion of the Trust Estate. Any such instrwnents shall be binding upon Granter and all persons whose interests in the Trust Estate are subordinate to this Deed of Trust, and upon the purchaser or purchasers at any foreclosure sale, notwithstanding any redemption from sale, discharge, or indebtedness, satisfaction of the foreclosure decree or issuance of any cer1ificate of sale or deed to any purchaser; (7) Complete any construction in progress on lhe Property, and in that connection, pay bills, borrow funds, employ contractors, and make any changes in plans or specifications as the receiver deems appropriate; or (8) If the revennes and income are insufficient to pay expenses, the receiver may borrow from Beneficiary such sums as the receiver deems necessary for the pwposes stated in this paragraph. The amounts borrowed shall bear interest from the date of expenditure until repaid at the same rate per annum as is accruing on the Note. Such sums shall become a part of the balance secured by this Deed of Trust and shall be payable by Granter on demand. (h) Subject to any limitations imposed by law, the right to obtain a deficiency judgment in the event the net sale proceeds of any foreclosure sale are insufficient to pay the entire unpaid indebtedness secured hereby. (i) Any other right or remedy provided in this Deed of Trust, the Nole, any other Loan Documents, or nuder law. G) If the Loan Documents evidence or secure a constmction loan, then Beneficiary shall have the righl to take over and complete the work of construction, and, for that pwpose, to make disbursements from the nndisbursed loan funds. Any contracts enlered into or indebtedness incurred on the exercise of such right may be in the name of Grant or, and Beneficiary is hereby irrevocably appointed attorney-in-fact (the appointment being coupled with an interest) to enter into the contract, incur such obligations, enforce contracts or agreements theretofore made by or on behalf of Granter, and to do any and all things necessary or proper to complete the work of construction, including the signing of Grantor's name to such contracts and documents as may be deemed necessary by connsel for Beneficiary. In no event shall Beneficiary be required to use its own funds to complete the improvements ifundisbursed loan funds are insufficient, but Beneficiary may, at its option, advance such funds. Any funds so advanced shall be payable to Beneficiary by Granter on demand together with interest at the Default Rate stated in the Note tmtil paid and shall be secured by this Deed of Trust. DEFJ>OFTRUST HCC LOAN fl2J9S 12! 87 ~5602.0001/128233474. J PAGE20 (EXFCUl10N COP'i] 4.3 Foreclosure by Power of Sale Should Beneficiary elect to foreclose by exercise of the power of sale herein contained, Beneficiary shall notify Trustee and shall deposit with Trustee this Deed of Trust and the Note and such receipts and evidence of expenditures made and secured hereby as Trustee may require. (a) Upon receipt of such notice from Beneficiary, Trustee shall cause to be given such Notice of Default as then required by law. Trustee shall, without demand on Grantor, after lapse of such time as may then be required by law and after Notice of Sale and Notice of Foreclosure having been given as required by law, sell the Trust Estate at the time and place of sale fixed by it in such Notice of Sale and Notice of Foreclosure, either as a whole, or in separate lots or parcels or items as Trustee sball deem expedient, and in such order as it may detennine, at public auction to the highest bidder for cash in lawful money of the United States payable at the time of sale. Trustee sball deliver to such purchaser or purchasers thereof its good and sufficient deed or deeds cooveying the Property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the lruthfulness thereof. (b) After deducting all costs, fees and expenses of Trustee and of this Trust, including costs of evidence of title and reasonabJe counsel fees in connection with sale, Trustee shall apply the proceeds of sale to payment of all sums expended under the terms hereof, not then repaid, with accrued interest, all other sums then secured hereby and the remainder, if any, shall be paid into court in the manner provided by law. 4.4 Sale of Personal Property Beneficiary shall give Grant or reasonable notice of the time and place of any public sale of any Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten days before the time of the sale or disposition 4.5 Due on Sale or Increase in Interest Rate on Sale Grantor agrees and acknowledges that the indebtedness evidenced by the Note is personal to Grantor and Borrower, and that Grantor's personal responsibility and/or control of the Property is a material inducement to Beneficiary lo agree to enter into this transaction Any conveyance of the whole or any part of the Property, whether by deed, contract, fwtber encumbrance (by way of any lien, mortgage, deed of trust or otherwise), lease oftbe same ( other than a lease of any portioo of the space in the improvements on the Property in the ordinary course of business without an option to purchase) or otherwise, without Beneficiary's prior written consent, or any transfer of capital stock or partnership interests or limited liability company interests in Grantor without Beneficiary's prior written consent, DEED OF TRUST HCCWAN#239.S 12117-5602..0001/128233474.I PAGE21 [EXECUlIDN COPY) shall be deemed to increase the risk of Beneficiary, and Beneficiary or other holder may declare the entire Ullpaid balance immediately due and payable, or, at its sole option, it may consent to such conveyance? or transfer in writing and may increase the interest rate on the Note, change the marurity date of the Note, modify the loan tenns, or impose whatever other conditions it shall deem necessary to compensate it for such increased risk. Any increase in interest shall entitle the holder to increase monthly payments on the loan evidenced by the Note so as to retire the obligation within the original stipulated time. In the event Grantor shall request the consent of Beneficiary in accordance with the provisions of this Section 4.5, Gnwtor shall deliver a written request to Beneficiary, together with such information as Beneficiary may reasonably request regarding such conveyance or transfer and shall allow Beneficiary 30 days to evaluate such request. In the event Beneficiary approves such conveyance or transfer, Grantor shall pay Beneficiary a processing fee in an amount to be determined by Beneficiary but in no event Jess than $500 to compensate Beneficiary for its costs in processing such request Consent as to any one transaction shall not be deemed to be a waiver of the right to require consent to any further or successive transaction. The execution and delivery by Grantor of any joint venture agreement, partnership agreement, declaration of trust, option agreement, or other instrument whereunder any person, corporation, or other entity may become entitled, directly or indirectly, to the possession or enjoyment of the Property, or the income or other benefits derived or to be derived therefrom, shall in each case be deemed to be a conveyance or transfer for the pwposes of this section, and shall require the prior written consent of Beneficiary. In the event ownership of the Property or any portion thereof becomes vested in a person other than Grantor herein named, Beneficiary may, without notice to Grantor herein named, whether or not Beneficiary bas given written consent to such change in ownership, deal with such successor or successors in interest with reference to this Deed of Trust and the obligations secured hereby, in the sam~ manner as with Grantor herein named, without in any way vitiating or discharging Gnwtor's liability hereunder or the obligations hereby secured. 4.6 Attorneys' Fees In the event snit or action or proceeding is instituted to enforce any of the terms of this Deed of Trust, Beneficiary shall be entitled to recover from Grantor such sum as the court may adjudge reasonable as attorney fees at trial, on any appeal, and in any bankruptcy proceeding. All reasonable expenses incurred by Beneficiary that are necessary at any time in Beneficiary's opinion for the protection of its interest or the enforcement of its rights, including without limitation, the cost of searching records, obtaining title reports, surveyors' reports, demanding payment, attorneys' opinions, or title insurance, whether or not any court action is involved, shall become a part of the indebtedness secured hereby, payable on demand, and shall bear interest at the Defauli Rate from the date of expenditure until paid. DEED OF TRUST HCCI.0ANB2395 l2117.S602.000l/l2S233474.I PAGE21 [EXECUTION COPY] ARTICLE V. MISCELLANEOUS 5.1 Governing Law This Deed of Trust shall be governed by the laws of the State of Washington. In the event that any provision or clause of any of the Loan Documents conflicts with applicable laws, snch conflicts shall not affect other provisions of such Loan Documents which can be given effect without the conflicting provision, and to this end the provisions of the Loan Documents are declared to be severable. 5.2 Modification This instrwnent cannot be waived, changed, discharged or terminated orally, but only by an instrwnent in writing signed by the party against whom enforcement of any waiver, change, discharge or tenninatiou is sought. 5.3 Inspections and Appraisals Granter agrees that Beneficiary shall have the right to obtain, at Grantor's expense, an appraisal of the Property, prepared by an appraiser acceptable to Beneficiary and in substantial conformance with governmental regulations applicable to Beneficiary and approved by Beneficiary at any time that (a) an event of default has occurred hereunder or Wlder any of the Loan Documents, (b) any damage or destruction of the Property occurs, ( c) Beneficiary determines in its sole opinion that the security for the Nole has been physically or financially impaired in any material manner, or ( d) such appraisal is required by then current banking laws or regulations. In the event that Beneficiary shall elect to obtain such an appraisal, Beneficiary may immediately commission an appraiser acceptable to Beneficiary, at Grantor's cost and expense, to prepare the appraisal and Grantor shall fully cooperate with Beneficiary and the appraiser in obtaining the necessary information to prepare such appraisal. Io the event that Grantor fails to cooperate with Beneficiary in obtaining such an appraisal or in the event that Grantor shall fail to pay for the cost of such appraisal and Beneficiary's internal appraisal review fee, immediately upon demand, such event shall constitute an event of default hereunder and under the Loan Documents and Beneficiary shall be entitled to exercise all remedies available to it hereunder and under the Loan Documents. 5.4 Retonveyance by Trustee Upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of the Note to Trustee for cancellation and retention or upon payment of the Release Price ( as defined in the Loan Agreement) and upon payment by Grantor of Trustee's fees, Trustee shall reconvey to Grantor, or the person or persons legally entitled thereto, without warranty, the applicable portion of the Trust Estate then held hereunder. The recitals in such reconveyance of any matters or fuels shall be conclusive DE:ED OFTRUSI' HCC WAN '2195 12187.~0001112823347-t.l PAGE23 [EXECUTION COPY] proof of the truthfulness thereof. The grantee in any reconveyance may be described as "the person or persons legally entitled thereto." 5.5 Notices Whenever Beneficiary, Granter or Trustee shall desire to give or serve any notice, demand, request or other coD1111unication with respect to this Deed of Trust, each such notice, demand, request or other collllllunication shall be in writing and shall be deemed given when (i) personally delivered, (ii) three (3) days after deposit in the United States mail by registered or certified mail, postage prepaid and return receipt requested or (iii) one (1) day after deposit with a nationally recognized overnight delivery service such as Federal Express or Airborne. Any coD1111unication which is mailed or deposited with an overnight delivery service as provided above shall be addressed to the address set forth at the beginning of this Deed of Trust. Any party may at any time change its address for such notices by delivering or mailing to the other parties hereto, as aforesaid, a notice of such change. 5.6 Acceptance by Trustee Trustee accepts this trust when this Deed of Trust, duly executed and acknowledged, is made a public record as provided by law. 5. 7 Captions The captions or headings at the beginning of each section hereof are for the convenience of the parties and are not a part of this Deed of Trust. 5.8 Invalidity of Certain Provisions If the lien of this Deed of Trust is invalid or ,menforceable as to any part of the debt, or if the lien is invalid or ,menforceable as to any part of the Trust Estate, the unsecured or partially unsecured portion of the debt shall be completely paid prior to the payment of the remaining and secured or partially secured portion of the debt, and all payments made on the debt, whether volnntary or under foreclosure or other enforcement action or procedure, shall be considered to have been first paid on and applied to the full payment of that portion of the debt which is not secured or fully secured by the lien of this Deed of Trust. Further, the invalidity or unenforceability of any portion or provision of this Deed of Trust shall in no way affect the validity or enforceability of the remainder hereof. 5.9 Subrogation To the extent that proceeds of the Note are used to pay any outstanding lien, charge or prior encwubraoce against the Trust Estate, such proceeds have been or will be advanced by Beneficiary at Grantor's request and Beneficiary shall be subrogated to any and all rights and DEED OF TRUST HCC WAN #239.S 12117.S602.000lll28233474.1 PAGE24 [EXECUf!DN COPY] liens owned by any owner or holder of such outstanding liens, charges and prior encumbrances, irrespective of whether such liens, charges or eucmnbrances are released. 5.10 No Merger If both the lessor's and lessee's estates under any lease or portion thereof which constitutes a part·of the Trust Estate shall at any time becpme vested in one owner, this Deed of Trust and the lien created hereby shall not be destroyed or tenninated by application of the doctrine of merger and, in such event, Beneficiary shall continue to have and enjoy all of the rights and privileges of Beneficiary as to the separate estates. [n addition, upon the foreclosure of the lien created by this Deed of Trust on tbe Trust Estate pursuant to the provisions hereof, any leases or subleases then existing and created by Grnntor shall not be destroyed or tenninated by application of the law of merger or as a matter oflaw or as a result of such foreclosure unless Beneficiary or any purchaser at any such foreclosure sale shall so elect. No act by or on behalf of Beneficiary or any such purchaser shall constitute a termination of any lease or sublease unless Beneficiary or such purchaser shall give written notice thereof to such tenant or subtenant. S.11 Late Char-ge Grantor recognizes that default by Grnntor io making the payments under the Note and/or in any of the other Loan Docmnents when due will result in Beneficiary incurring additional expense servicing the loan, loss to Beneficiary of the use of the money dne, and frustration to Beneficiary io meeting its other loan commitments. Jn the event that any payment or portion thereof is not paid within 15 days after the date it is due, Beneficiary may collect, and Grnntor agrees to pay with such payment, a "late charge" of 5 percent of any overdne amount as liquidated damages for the additional expense of handling such delinquent payments. Such late charge represents the reasonable estimate of Beneficiary and Grnntor of a fair, average compensation dne to the failure ofGrantor to make timely payments. Such late charge shall be paid without prejudice to the right ofBeneficiary to collect any other amounts provided to be paid or to declare a default hereunder. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LEND MONEY, EXTEND CREDIT, OR FORBEAR FROM ENFORCING REPAYMENI OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. OEfD OF TRUST HCC LOAN "2395 12187-S602.0001/1211233474.l [Sig11ature Page Follows] PAGE 2' [EXECIITION COPY] IN WITNESS WHEREOF, Grant or bas executed this Deed of Trust as of the day and year fust above written. DEED OF TRUST HCC LOAN 112395 12187-5602.0001/128233474.J Grantor: ALBACORE ACH, LLC, a Washington limited liability company By: Mirojo Builders, LLC, a Washington limited liability company, as Manager By~ A:iame: -:hi~ Title: Manager By PAGE26 (EXECUTION COPY] STAIB OF WASHINGTON) ) ss. I .fl_ COUNlYOF/C/;vcy ) I certify that I know or have satisfactory evidence that J ,,.Jl~s the person who appeared before me, and said person acknowledged that such person signed this instrument, on oath stated that such person was authorized to execute the instrument, and acknowledged such person as a Manager ofMirojo Builders, LLC, a Washington limited liability company, the Manager of ALBACORE ACH, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentiooed in the instrument. LAURIE M. NYBERG NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES AUGUST 29 2017 DEED OF 1RUST HCCWANt1239S 12117-S602.000ll128233474.l , 2015. (Print or stamp name ofN tary) NOTARY PUBLIC in and for the State of Washington, residing at: IS:~ tJA-H- My appointment expires: a ·ZR. c 7 PAGET/ [EXECIJTION COPY] STATE OF WASHINGTON) ) ss. . / COUNTY OF Jc/ Ill UZ: ) I certify that I know or have salisfactory evidence that 'l<oe...«<'.7~s the person who appeared before me, and said person acknowledged that such person signed this instrument, on oath stated that such person was authorized to execute the instrument, and acknowledged such person as a Manager of Mirojo Builders, LLC, a Washington limited liability company, the Manager of ALBACORE ACH, LLC, a Washington limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: C\ .. .,-z/ ()'~ 1... 7 LAURIE M. NYBERG NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES AUGUST 2S 2017 DEED OF TRUST HCC LOAN i239j 12181-5602.1)001/1211233474.1 2015. (Print or stamp name o otary) NOTARY PUBLIC in and for the State of Washington, residing at:/~~ My appointment expirest=zy rf 7 7 PAGE28 EXHIBIT A to Deed of T rosl LEGAL DESCRIPTION Real property iu the County of King, State of Washington, described as follows: PARCEL A: THE NORTH 677.44 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTIIEAST QUARTER OF THE SOUJHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH RANGE 5 EAST., W .M., IN KING COUNTY, WASHJNGTON; EXCEPT THE WEST 130 FEET OF PORTION LYING SOUTH OF A LINE 339.5 FEET SOUTH OF THE NORTH LINE; EXCEPT THAT PORTION OF SAID NORTH 677 .44 FEET LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 677.44 FEET WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 87 DEGREES, 49 MJNUIES AND 08 SECONDS WEST ALONG SAID SOUTH LINE A DISTANCE OF 89.01 FEET TO THE BEGINNING OF SAID LINE; THENCE NORTH 67 DEGREES, 07 MJNUIES, 57 SECONDS WEST A DISTANCE OF 119.88 FEET TO INTERSECilON OF THE EAST LINE OF THE WEST 130 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3, SAID INTERSECTION BEING TERMINUS OF LINE; EXCEPT PORTION, IF ANY, CONVEYED TO JAMES L. DIXON, ET UX, BY DEEDS RECORDED UNDER RECORDERS NOS. 6468344 AND 7207120398. PARCELS: A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS AS CREA TED BY INSTRUMENT RECORDED AS RECORDING NUMBER 7609140487. Tax Parcel Number: 032305902101 Situs Address: 1508 Ilwaco Ave NE, Renton, WA 98059 DEE)OFTRUST HCC LOAN #2395 12187-S602.0001/12823:l'ii4.l PAG£29 [EXECUIIDN COPY] ' Fl&'C BOW~Ol' !'9C-1n~1.l\e a ·a orr O!" v· r,o, W Tog 11(.tt}l 11. ""'~ 11 the t t,!J to h Md. to had p wi i;li a unto to b,ti# h aJl!l. "'' r 2 wi t'e to ea.~ • p aad Deed ?I.led June 2.;,05,2:15 pm. nated AP 11,05· Con.$400 000 Vc,l j./:; / D ,_:, //7 ~ ( Fo r;n 5) l:_~ Northern ~e ~ Co &c J/ 'Recites that by a eontii, w:-1tin.g d«ted Aug :,,1H96 t.>1e Nor ,Pa(:· / ... ;Jo ?iall:-oaa Company 1,redecesao ,-1n int or t p contra.cted to sell ( .5 ~ and conv to !'.ynu; ;; T_ove to ·,:ho"~ ri;;;hta o i, d\,l:l succeeded, tor J .. ... ... -f """¥ -.. '. 't. ~ ·--• --• -~~!lr.-i;~'"l!.. ..... _...,.:,:~... .... --= > -.~ ..... '.. • -,. --.,.. -=.,,~~ .. ~. Ii.;-:~~·"-,,_..,., -,...-~ ~""'~;r ::~~ '~ .. /::.J'!"~ ... :.~~:~;:t·:: ~ . ·--.-.,--''-'--.·~ ---·~-·--··· -. ' ---·-· -,-.. ----.-·---·-·----~·. -.~ ---- t;.~ considhere in expressed the yren,s herein .. t t er d.esc; tha.t sd has been d.ul:,r perf and a p has become anti tled. to a. ~onv of sd prems------ R f'i E 'Ill{ ·-40 ac--- cont . The SE t o:f t.l'.te SEi of aec 3 in tp 23 N (copy min r~s) subj aluo tc an easement in eretofore laid out or estab and .v. ~x1stg sd de:,c la.t,cl----:iinr.e Anz 3, 1.B96' the pu.b for any pi..b roal'a ov and ac any part of" 2 wits Ho rthern pac.ific n.ailwa.y ·· :BY Howard Elliott; Company Presill,eut Assi.:..tant Attest: RH Reif, S of Minn Co of Ra.msey)ss, .rune 10, 05; by H E a.s pr Minn. seal, or sd C"rll bef' R W Cla.rk N P R cc ga.t of M Filed June -ated .rune 15,05 0000 22,05~2:J.6 pm, Con,i,ilO 'lol K A MeQ.ues ten To Anton Rau and Rosa Rau his wf' . F p does l1ereby a.ck and dee that a cert mtge dated June 24,03 ""'to sec $210·0 and· rec in the aud o 'ff of' ,r roo W in Vol 212 p:f l! p ...\ 601 has beeii fully r,d and sat. And in consiJ ~ paymt f p does hereby r r. and :i' q o unto e p o:f sd and to their h ands thet &c To h "'mi / 'so) ano as 'I' the lanii ,o esc in sd mt.ge toe with a ~ to h unto s !J their h and as :f 70 1-.vit KAMcQ,ueBten (Seal) S o't-1.19-Be Co o :i' Frankl in )ss. . _ j'-'ifiHi' 15,0f; by K A ii be:f' Char lea Allen H P in and t:or the s o:1" :r&a:B1F·rea at Green:f'ield, Seal. :;:.,, ~ _> -. 1),.,,~d Filed .Tt1ne ,.,a ,;·ed. ,Tun'& l 9 1 05: 0000 22 1 05,2:17 JlI!.l• '.'ol · Con ;.·t1 • 000 ] I 'I· o ol d o,\ 1 . c/,I JS D J,j J 342934 l;'rank S Smith and r,ena 3mi th his wf of S, W To Frank 1t Goodhue o:1" am pl l' p d hereby g b. e o & c unto a p and to his h and u the f' lg iand in K Co, W,ti\•.'Nit: CGmmg at t1fe NW cor of' lot or tract 21 of' E 'fl .T<Jhns and CH 1•anford•e 5 ac lotB qnd runn,: th s al the W b~dy lin11: of sd 1,, t ::?'., 1 ch send. 56•:?/3 llrn; th at rt a.ng E par· with t,1e, 1, . J . ·{ ,1 . i j I i i ' . ' t I "'l ' ' I : J ·. ,I I j j ·l ,. .•. ' 1'H GflA~TOK O&a. e. B01Jey and Grace A. BoslfJ')'. his 1drC? tor ' and Jn eonsfde-ration of lov~ and ··af!ect'ion co11ve1 \O Spi Ttil M. Bosley a water right·and &aut11e12t on that rll'.o.l tistute situated in tha-County ot Ki11g, Staie~_or·w:a1ftit1:gton rfl"Hribttd a.s: • Tbat _po?'ti{)n "et th,e 1-le:st one quart.er of the SE quarter a! the SE quarter or Sec .. 3 1 T. 23N, H. -5 r.:, ,-\lf~M. • lying North of State Highway No. 2. (Renton-Issaqu•lt,.!11:e•d)t ax~ept tke ~est 130 ft. less· tbe North-, 33',.S-l !t.. the1 ~of and exeept tht Eas.t 100 Ct.. less·the North 411 .. Sl Ct. tfle1cof; sale.I water rigf,t to be. the right. to use l'laler fro:"! the ~'-'.l su :i·J ·~~11 Joc~ted approximately 195 feet from tho southerly m~r~i~ ~r suid property; and the easement to be tor the i11Hall:1t1Dn of n ,1atC'r ..:> line-from said well to tlte adj;cont property to the no:-tll, 1,·t~ll 111 .. -. grantee 'having the ri!)bt to inst.al) and matntnin sa1<l i1at,..r line, subject to the cor:idition of l'er,airin"J any da~aqe tfori,... ~, thf" 1,rc,.,,.rt,; :trI the JHocess a.r j,!lstalli11!) OT repairin{E. and the-,cr,'lt.t{'c> sh,1ll 11,,·l t.hc rt11ilt to 11se such 1-r<l.t<?r from tll<!" well ro lon•i as ,;,1111 1· •• 1t , 1 ~ usublc from a ltc:alt.h standpoint and avail.1blc, 1or th,.. <l,1t1 .. ~l Ir ,1:;c, 01 t1~0 llouses, and tflc r,rant(?C or his ~ii, ("i's:;r,r.s shall 1,.i\' t~ thl• 11rat'lti:.r or Ills sui.:cessors water rates CO"\jl<H.lhl~ t,1 tl, q, "f tl,,-. Ci!.. of l?cnto.n. u,o st, 10·,o. " pcrsoneJly n11:1crare-d ltutri.rr-•t! 0;111 I, Jt,,s.;,-., ;in,J t•> me lcnown. to lie ti-!• 1nli11id1n.11: t.!1·'i• r1t1, ii 11 1 ,1rJ11 tdthir:i and forci:,oirirJ i 1-;trunt!"nt, an'i :i.r r.,; 11•1!,p•iJ tho siu1te as t.beir frr ... nntl v, l11nlnn :icl 111• r -1,., _1, purposes therein ,enttonr~. my flani1 anli orfir.J::il Sl'Jl tti!s 11th 1111~ rd ,\•1-t1~t. ,-,' /' . , i"'t1 IAH1 l':JJll.Jf In ~p-1J1,H \.lt4' :i.Ult• at .,._:.·'lr1•1L• lo, r''!J·lir•,1 ;1t : .. 11t1111. ' 1 ,. " f /r ,· 1u:ru1114 rn N:i~d Building Credir•, Inc, ?.l::!1 f,::n,,1'1 Avrn11i, ~-~ ••hi!" J, W•fm1.rWn ,· EA:3EMENT THE Grantor, ARLENE BOS .• L.Y, a singJ.e womanl hereinafter referred to at the first party~ METROPOLITAN FEDERAL SAVINGS & LOAN ASS0C1ATIOM, ftef'einafter referred to as the Mortgage h.older, for and. in consider~t-ion of ·tt~e sum of $LOO and other good and val11able considerations convey tc LLORA S. MANGOLD, a single woman, and her successors in title, hereinafter referred to as the second party, an easement :'Or ingress,-ee,ress and uti-lities on, over and under the Wes~erly 30 :'eet of the following described real es~ate~ situated in the County of Kihg, State of Wash-ingt_on: Tbe West 130 feet of that portion of the West one quarter of the Southeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 5 East, W.l'-1. 1 lying North of State Highway No. 2 (the Renton- Issaquah Road). LESS the North 339.51 feet thereof. said easemeP.t to be for the benefit of the following described real eatate l.n King County, Washington: That portion of the West one quarter of the Southeast quarter of the Southeas~ quarter of Section 3, Township 23 North, Range 5 East, W,M., lying Nor'th of State Highway No. 2, (Renton-Issaquah Road), EXCEPT the West 130 feet, LESS the North 339.51 feet thereof and EXCEPT the East 100 feet, LE:SS the North 411. 51 feet thereof. This easement is granted on the condition only that the second party will pay one half of the reasonable expenses incurred by the first party in maintaining the easement, The first party shall not be liable for any expenses for improvements o~ maintenance of this easement authorized by the second party without the written approval of the first party executed prior to the ~ommenc~ent of installation of said imp~overnent. Metropolitan federal Savings & Loan Association is the holder-of that certain Mortgage recorded·February 23, 1966 under Auditor's.File No. 5991922 and by their execution of this Easement only.approve ·the same for the benefit of the above named p.µ-ties as tt,e SqJn~ may· relate to the rights held und::!r the mor,tgage set forth a_bove. . . I 73--: ~~T~~ .this day of September, 1976 ..... OPOL ASSOCIATION 1% EXCISE T/v( fi'.)T rrnurrEO K;-·&> Hec•::i; Divpion By ................ ("(,.!.. ................... , Dep,,1 I ' l ! ; l -STATE OF Wa.ehington } ' ""--"· CoU11ty of--.-- On thie 10th d~1 of SeptemLer A O. 19---1£. hefo:re m~ U.e Ulldeniped, a Notaiy duly eom.m..i9iao!led qd lll'IIOffl JM:NOD*lly a~ Ptlblie i:i:I utd f-or the-State of 'll'ashington Arl ... (A. J.) :Bosley ~ . . . OOto mekno""111 to be~ indi\'iduaL_ desetibed in and who cXeeuted the foregoiq: iiutnunent. aad uknowledseJ ti) m,a gt hat Jhe...._ ~ ~d mealed the sa.i~ inttrumcnt ,u~.__hiee &l\d voluntuy act Md deed for tl:ie IIINS and~ ~tlien,i11~~ · · · . cr-: .. · • . . . . O WITI'IIE.S.5 ffi)·halld ... ncl Qf6cial ,enl liuet<l' atfi:ted the d11:,: # . . . . . ( -,.l,,,#,"--L..&....,LL.'.µ,4~~~:.._ ., /, (Ao::kno .. l..dcmnat b, ln.liYid ... l. Pl<Mll!er' Nati anal Tit~ 1,11nuaru::e Company. Furm L 21!1) STATE OF WaJffl.i.ngton 0a th;, 10th day of September A. D. 19-1§.. before me,. the under- .iped, a Nom,' Publie in and for lhc State of 'waph1 ngt:on ' duly ,,.oa:uNNWned / and awom penoiaal}y appei':red Ferris L. Dracob!y and Richard H. Shontt, Jr. to me bowu t,;i, be the Vice-P,e,idmt an __________.5ccm, rnpectivdJ, of M,tropolitan :F4d@ral Savings am: LQan Asrmc!atinn of Seattle I tfwi corpo:nation that aCC-1:1ted the for,eao1ng 1Ntnunent. ;,,,r.d ;u:Ju1owledged the said inttrumen.t to be the free aad -volun- tuy act aad deed of aid corpo:iiration, for the uses AJ1d purpo1et tber.ein mentioned.. and on oath atated that ~eY ~ authorized to eicei::ule thi!! Sllld inftrumept 11nd that thie aea.1 a1mcd iis the corporate Ral of ,aid .. ,.. corpo~i..;,I?,.. · WITNESS mJ' band and official aea.l hiereto a.fli:ll:ed lnie da a.te dx,•:,, written. ... . . . . '...( _..,.,,~,.,a.-L.,L/t.l<:..s{~, {Ac:b-W..,.•111 "1 Corponlion: Pionter Na1ioo&I Title lmurall!:e. Ca,-npa..,.. Fom1 L 29) ·~ "76 ,. I~ M 8 Jo DIRECTOR RECORDS & ELECTJONS KIN':: -· · "' "" *t 0 c:, "' <D ,... <D 0 N ,... ~ ., ""-AS. 1:50' ~·--· e?::.4!l'-oa" w 330."-t' T.L. 2.J "'1r,,,:.,:..(,, .s . .a: ~ <>~ 4.C1'1 ~CU'"' ;t" """""'""'""'#"*'-~ .....,.,..,_,,,l!~,:;,r,: ,,._,._.,__,.,....,, ...... 130.01' N f!?:. 49:.oa W ' : ' : i I ' 1 • f • , • • ' • l ·······.·... DESCRIPTION: HD;J'.·,-,,,•,a.--<Sw',,',L<o"°"-'--'-'~C-=,>M-S_""_ SDIT \ TAX LOT 2/: ··-Qq:c HO. 7*<1'1/4<:,-fU) ::,...e --"Mlol,..• l'ttT .... TMI WAT 1/:&. er 'fllf< ln.:S'r 11%, . OF '"HI! ;1,;; r,,q. .... "1111!' n: I/+ OF ,$!C. ii, '"!"llN.,:~'f:"!l.•,W..N., IH It.HI&. ¢"°11,V, IO'UHN-; a:,1<::1"'7' ?P"<,:,, A,wc( .. ,,, .. ii.«.:, _.,,..;~ll~f'T""'"""~",'"'"..,.,-~ -~"" '--~~~ illTUW, •Y DBI!.,: 11;11~ U-A A~ RU NO.-~--. ~ 1;1.,0711W:l'f.' l5.l(CUT TII.I! ~ 1:to FUT OP ~DII ::: a=:r",: ~ .. := .. :!/ .... ~;=;/::;~ ~:. (i!IIC. NO. 7'SO'll4<H6T) 7=£1! WITH -Kl F0or s,~'brT ~· .. ,.-.IYU!D, E"'9.m:~11p <.ITII.IT!li.S .,,,.9, nu; .,._.,. zo ~ .,,,,. ,,.. ~m&t ·· ,.,,.., .... .,.,.. r.ao ,:u,-""' ~ ~ oP 7"" '/,/,;;;-r l/+ -TH• cs•v+-"fJII! st!~ oF 3~4~ Tz,iN.:,~s~~ ;:;:.;.::::: :; ~::~;;;:·-~;;;:,,>.\' TAX LOT/67= C REC. HO. "ISO'-J00"4li) · nvr.--.,.,.. °",,.,. ~; ·;)i·.~" T>II w~\,-;1, 01' TN ;~ \Mo _..,,, .!I!. v'• o• ~.lll, ,-'i;,;,:4,, 11;:rc.,:;,..,,..~III "'i,;,~ o:;>1.>HTY, ""~~H1>1•ni..i/:L)?'.,._ _,.,:,~~ • ..,,.·:$.,,.~ ~ -.z; UN•.,,, -~:·~~-• .21· wn·H -.n,"i!,,;rr UHi/.·.·&,, S...ID S</80 ... "'°"i i<j.i~ '" /1',:·,,_..,.,.,~y'(I~ ON~ <:&>1<11'• 'n> -nll[ lt-t Win; A: .. IUS 01" 3;•,Jl"I ~, ,\ t:OTIWG" OF 11,.<ff R"n-;l'!' -rm:.ii ..... ,.,'™"5-or<:~,.;\.,,.,•l TUOJ,:e: N r1~/J3-,S.: [06",S Fli.r-~ ,\ ~T /00 J:f.t:r_,.~ .. "nfl! ...... T '-'NI! Of' TH>: war,rv~, 7>1~ -.rn,.ii,,.,. /.I ~,:=;s;,,,,; c "z.so Fr!Ff' -= n+ll:~u,:rcp'~,.,,.,I!,.! S0&3CT "ID ii\~=,~-"'!!' lll!SE!.Vl'IT!OAI.S 01" -r.~;·; :~~--:~·;~·-:. ,_.No,·.~~) ', . ;:.,..,I! -~· ·;-n;:_~T J,;s, ~U.,,.....W, AJ.o,,6,..... $:ST UN£ OF :n1, vi,,., ,oo FCV""'~ ... ~,.,.,.,,., _,,.,..,..,.. ,; ... <>F wr.tr v:2. 0 '.Q,F .$A~ oi:: s .. ~ Of' '58pl"""' a, -rzaH., l'i:'5"1!., W,1'!.., IN ~1"'6 -0:JIJ~, WASS/~ ,}-Yu.r6-~ oP ::511\TII" HWY. HO, z • ... ~I se jw<k,p-;,..,,o,, ~vi;: FOi<.~>< '-'>T' /f.7 F<>~ LOT' rit:~•, :· .. u,..,il:. .. ..U,,,,,.,$7MO,T-n,..,T" A~"T>I~ Wlil!T e,,,_,.-y 01"--rH~ -~Iii:.~---. ~.._"":"- ·~ • ' i' •I • " \ i 1 l ' I I 1 ' l .& . : DECLARATION OF CONDITIONS, COVENANTS AND RESTRICTIONS REGARDING FORMATION OF A UTILITY LOCAL IMPROVEMENT ors·rRICT In consideration of approval by Ki~g County of a~~~~- ~~~~~b-u-il~d~i~ng.,.~~~~~~~~ permit/approval for the property (Buiid.L11g er Plat) described belnw, LLORA S. t1AERTINS (a.mer(s) Names) ~~~~.~~~~~~~-; property ownQrs, hereby covenant and agree as follows: 1. I/We are the owners of property within Xing county, which is ler:ally de:v.:ribed as follows: (legal Description) SEE ATTACHED LEGAL DESCRIPTION RECC, F GASHSL 5.QO """'~~l.:5.00 22 2. I/We have requested the issu·ance by King county of the following permit or approval, for the above described property! (Jet) No. or Plat No.) J. Pursuan~ to Kirig County Ordinance 5828, section 4, the above described permit or approval is exempt from :·:ing County's requirements for fire hydrants and water mains. 4. Recognizing the above facts and in consideration of Y.ing Countyts iS$~ance of the requested permit/approval: I/We h~£eby agree to join in the execution o~ a petition for and not to protest, the . .'formation o": a utility local improvement district tor.purposes of providing water mains and fire hydrants consis- tent with applicable King County standards. For this purpose, 1/we hereby designate the manager of the public water district responsiole for the local improvement di~~rict as Our agent authorized to ~ign a petition p~rsuant to RCW 57.16.060 on our behalf. > • fEa 17 8 jJ Ml 'J·i • i .J , i ' ··.J ' J. ---~~ --~ ··:~---------~-- ... The North 677 .44 feet of the West 1.; of the West !2 of the SE -1.. of the SE~ of Sect'ion 3, T -23 N., R 5 E., W.M., in King County, Washington; EXCEPT the West 130 feet of portion lying South of a Tine 339.5 feet South of the rforth line; EXCEPT that portion of said f-{orth 677.44 feet lying South of the following described Jine: Beginning at the intersection of the South line of the North 677. :4 feet with the East line of the West ~ of the \~est ~ of the Southeast \ of the Southeast .\;; of said Sectfon 3; T!![i{CE N !;17-49~06 W along said South line a distance :>f 89.01 feet to the beginning of said line; THENCE N 67•07-57 W a distance of 119.88 feet to intersection of the East-line of the West 130 feet of the Southeast J.: of the Southe.::st %: of said Section 3, sa1d intersection being ter'lilinus. of lir.e: EXCEP-i portion 9 ff any, conveyed to James L. 01xon, et ux 1 by deeds rec.crded under Auditor F~le Ho. 64683,14 and 7207120398; EXCEPT·. coal anl' mineral rights; TOGETHER !·/ITH easenent for ingress, egress and 1.a:ilit1es by instrur.tent recorded under Recording No. 7609140487; SUBJECT :·o easements, reservations, restrictions and rights of record, if any, f: ! \ ' • . -~ j ., l ! l .. -·. --·~--~-~ ----· ··-;·---·~-- / ./i·~·•'' . - 5. This Declar.ation of Conditions, ·c('>·,enants and Restric- tricts is-binding upon our heirs, assignees and successors ~ n interest as the owners of the above-described property and is a covenant .i:,mning with the land. 6. This Declaration of Conditions, Co;renants and Restrii::- tions shall not be released WithoQt the express written approval of the King County Fire Marshai or his successor. On this / IO~y at ~Af,fr/tfl{ V , 19f!/, before me personally I appeared LLoRA S. k:nA{-fl!JAJS to me known to be the (individ,· •lF) ( of the corporation) described herein and who executed the foregoing instrument as their free and volu-ntary act and deed for the uses and purposes herein mentioned. Witness my hand and seal hereto affixed the /(qitday of ,tLtU ior Kecora at Kequest 0 LL,,, /)i1feltA'S Neta State at ~-,,-'r,.,;.ca.<&...a..<---~~~ • \ ; I ! ! I l .. _ ........... , KING COU!iT't WAIJ:;R D1.51R"i.CT NO. 90 KING COIJNIY, WASHINGTON AGREEMENT FOR TEMPORARY WATER SERVICE THE UNDERSIGN£!) 1.U:ffl. S. M.Jiral'OO i HAR:IID C. WiERrlm (husb.;.nd and vife), owners of the follow1.ng described rea'l~p=r=o=p=e=r·ty in King CG!unty. W'ashington, t?-"Wit: (insert leial description) N 677 ,44: ft of W 1/'l o! the W .. l/2 of S.E. l/i of S.E. l/4 less W l30 ft of PclrDtia,. lying so.it1'I of a tine 339,5 ft S .. Df N, In less per ly s of fQlg ce,c .llli-beg 1m$n of s tn of, etc. For. and in cons:!.deratio;1 of King r:vunty Water District No. 90, King County, \lashing ton. hereinafter ~.r.lled DlScrict :granting permhsio,i co connect a private temp(lrary water li,e to said pl'operty, does oereby agree as f'lllows: 1. 11SES; Water Service sl,all be for one single family home. 2. E:.SDIENTS: The Owner shall obtain fr1fll others at his sole cost, all easement~ which may be nc~essary fo~ the lnstall~tion of the t~mporary servi;:e line; and if req.iire,, by r.he Oi.stdct as part of th< consideration for said prirnis.;ion, the under.;igned shall grant and con.,ey tr, tM District eas~mentR aver, throui;h, under <.1nci across the above described property for water !Pains and appurter.,1rices for the implenienta•.ion of the cu~prehensive plan or £or the imrrove!Ilent of the water supply of the aysteui. of the District. 3. COSTS: lne undersigned agrt.e to p.iy the following ,;est•• (!le!:! ~ ~ a) met"r and service ins t;1l lac:ion charge b) ger.eral facility chargt· c) specia2 temporary service charge '/'< .:s. 3-:f.:2.-':}-flf ti' )( 16 Do .P~.< hlr Th<!se charges must be paid prior to the District providing any (installation of meter. et cetera) $ ·-.,3 7.-S-csZ- $ roo.r,o ~ ae0 -~ ~,o,9.- 1$C.rvic411, 4. JERM * U::r«.TH -OF AGREE!-IENi: this temporary service agreeaent, and rhe tet11porary se:rvl.ce. provi.ded hereby, sh.all te:mir.ate at such tilllfl .is tbe District !:as permanent water main suvice available fot" the pt ,pertJ here in i;pestion; PROVIDED, that the unden•igned shall be entitled to thirty (~O) d.ays' notice of the tenaination of said agrecsent. 90747 0 8,00 --00 ... -~ -,.;1S:·· ~~~~:~~~~si,,,,,,~~ a) mder and ~., installatiM ~ bl ~ facillty d1ar:ge c:) ~ ~ .servioe CMr9I! 11!9. 352 208.89 X 16.00 p@r' fcot:. (20'9 X 16) $375.00 $100.00 $200.1)1' $4,019.00 .,·.:·:;· ·.:.;.,,·~-.. ~,.;):•:~ i l 1 I ' 1 ~ 0 ,., 5. PERMANEliT WA1'£R JllAH,: Al sud1 t ir.ic ,,.._ IL,• LJ1.o;tri,•t 1 . .J.s available to the unde-rsignec.l's property, w;;,lt•t· '-:,•r·v:c1• fr~, a permanent main, the undersigned ,,ha! 1 r:om,~C'l tri ,.;.,.id ~,:1in: <mC at such time, P"Y to th;:, District th<· pror,,la 1•n,;t ol s..i1ci rna1t, which is properly allocat1;>d to his prop..-rt.y and sh,,lJ fud.her pay the cost of reeving the meter from 1l.!> origin.,] 10<:..iliOn to connect to the new water main, toqc-U1~r with Lh<:-r.ost ,,£ ("Or,no;:~-- tion. lt is agreed ,,.r\d understood t.hat. tt".f' r:ost. ~,f .::;;:c:h future main shall inelllde the installati,;,n and c:onstr·uctior. expense of uid aa.in, the District's administrative overhead c~:-ge of 2:f!_"/. the engineering and legal expenses attributed to such main con- •tnJ.Ction; pursuant to Resolution No. 262, Resolution no. 352 and Resolution~. )57. 6. ACKNOWLEDGEMENT OF FIRE PROTECTION PROVISIONS: That attached het"ef.o is an acknowledgement by the owner--applicant that the temporary water serviee inay not be consistent with the King County Fire Code Ordina~ces in 9rovidin9 a<lequate water ftm,, for fire prote~tion, 7. iE~MINATlON: If thJs agreement is not fulfilled by the undersigned within ninety (90) days from the date of its exe- cution, then the Agreem~nt shall become null ~no void and the appllcatio11 fee, to be distinguished from the c:osts p,·ovided for in paraqraph 3 Bbove, shall becot:1e the prope~ty of the District and all right~ of the owner and/or undersigned snall be terminated. 3. T!TW: -PARTIES BOUND BY THIS AGREEMENT: This ..igrecr.ient shall be a covenant. running with the [and and sh;01l be bindinl] upon the undersig,1ed, any and all successors. in int.,.:r.,st, heirs, personal representatives, assigns, rentor_7. and lt!ssors. IN WITNESS the .1.:1...... day of -2 - o;oim.k 110.90 DlSTIUCT ,~-. ,·;;.:,· l I·. I I· '· •• . --.:..:..,].__,. STATE OF WASHINGTO~) ss County of King ) ~On this day pen<?n·1lly i1pper.1ro,~ b...-fon• ~ _il_~_S:.:....'·,t~ d..01\A.-:lha~-------' tum .. known to !:;le the 1ndividual/s) described J.n <1nd wh~·-xec.,t.ed th•· forc-Y,.r-~1;g instrU111ent a~~ acknowlcdr:icd that signed sri:me ,ls~ £.-cc ,jlfld vo!unta"ry ;act and det:CI for the es and purpo~es 't1wi~J.n rentionc,d. . Gl'i/i:N under my h.:md anC o!fici-.i se,il thi!. _!i ddy of -~,ii, ... .,... l'a18J,._. y (\..,,~ ~~ ,Kl~~BJ,IC: ln and. far tile ~t.,1tl" of jjpsh.~gton, r-,,sidinq at K-1.i:-:!,.... ' ::, c~ ...... . STATE OF W~SJiINGTON) " County of King l on this day p.?rsonally appeared before me ~ o~ /(,,.c. f C,~h~ t9fttt...-f , to me known to tie the President Secretary "esµectively of iClNG COUNTY WATE:fl DlS- TRICT 90, ~d acknowledged th~t they were authorized tQ execute the within instrument on t.he District's behalf, that they execute same as their free and volunt~ry act an4 deeQ for the use~ and purposes therein mentioned. GIVEN W1der my ham! G.lld official seal this ...:i_ ~ay of M/l~c/\ , 193.k_. _,_ fl.;)),~ NOTARY PUBLician for the St~te of Washington, re:!l!ding at ; ? .s1-J SI! f3~7l. ~,#..,,; .... ,.,. ... 2ooooqo3qoooo7 140 /31 0 ¢ NORTH SCALE: 1" = f{Ji SE 1/4, SE 1/4, SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. ,_ \fi "---">, ~' ~ ',,.. I~ ' (10"' ' I ~ tJ ~:,-, . •. .u' 06" w IJ22.62' {KC.AS. ,WO lofAS.j ' --ifL,,,.~ ' I )1 , .. -····}--" ., . .,. oa· • '~~\ , • , , i I • , < I •' . I. • I ''}; I /;;,' ,' : J· ... ' ( .t .. ~ :, 1 'I ~ , · I 1, . .-:- T ' I~' ' I ,.,· ' ., '\%\ i "' ~ ... ·= .,.,,, H: ' ,;,,_ ,( o.10E>&ro..-~H1GH-1 ' -y..>-.: WO\)[)~ '\ Q \. l'j!: ,.-, :,.,,.·.·=: ... ,_ -_/_._-. ~;·':Cl; ~t~EHCE \ i,() o.•T SOIJl\j•OF ij" lilGH Woo :· ··:, .. ,,. ''i: \ 1, \ '[' ~rn•rnAA,-oo '-"A·"" . .--,... . ..... ,,. BASIS OF BE/!RiNC X ~JI ·-a.~~~-~, ••. ,· ._,/ · .-· r.1ff~S~~6l;.o·o:~1'·.:: EAST UNE OF s~ 1~4, 5,_EC. __ ;.J; T 2J -~-·/lt .. _.1: E, W.M. \ \ '\ D,10'-.,~,;Al N B7· 49' OB w ,.j~·oo· _;:_-=. ~}001H Of'~~~--~~~~: BEARING; N01 25 02 _i;; DAWM; K.,C.A.S. \ /. \. ,, ,-•-•-,-,.:.....-a., .. _, -J-: -:-,.:: INSTRUMENT U.SED _IS/A N.IK. ON_ QTM A.-2QLG . . u) ~ -~9.(lJ'J '·>. r>11or. :JNE ---1~·-o.~7' . ·· 5 sEcoNo rnrn9QLJn:-EoM :.iNsrnuMErr \ iJl 1 .- 1 ,::.:.=--0-~7 LEGEND, . •' . ' \Q 'j e, S .,.''s~t t./fJ~ ~.+b"ar w/ YPp:jt0702 _ .. "'"······:.: .• C::-. I g' . " I . \ ·"%-I £ / _.-·;-· >ii/ : \ . LEGAL DESCRIPTION ,>\ \. ,,,!: .. ···: : . ,,,') ': '?.'\ : THE NORTH LINE OF, . '"·'•-.···"·' \.:· 1 \~Q..<t ·, ) lHE WEST lJO FEE:T OF THAT PORTION OF THE WEST HALF or TI-it: 'M:ST HI\Lf OF THE ....... I ',O .... ;. SOUTHEAST QUARTI:R Of TH!:: S0Un-lEAST QUARTER OF SECTION 3, TCI\\NSHIPT 2J NORTH, · ·. I ' ' .. , . __ •.. .! RANCE 5 EAST. W.1,1 .. IN KING COUiffl', WASHINGTON, L'tlNG NOR1H OF THE STA1[ HIGHWAY ' : f.r,.. '-· j· j ... ,_, ~ NO. 2 (THE RENTON-ISSAQUAH ROAD): ··3 . , V~;f> ''-.-:."-' / ._{ S O:CEPT THE NORTJ-l 607 •. ~, FEET lHERl:'.OF. :0 -;. -·.,. _;,-~-_..;... . , .. , ... I_ ...... .-. ! / ,"--·.. "'o,y ,: ' i J I "-._ ·.. ,:, ~ NOTE. ~ t\ 1J22.~as· _1 I ,· ·· _ -. i The d_rcwing shewn_ haraon dcas net nece~scrily 10 --~ · 1J22.:;w" conto1n QIJ o1 the mJormoti<m o.bloined nnd/or N .eti-· l2" Otj" W 2e...,_:;, {J{G.A S. ~NO -· d,welcped by the the SURVE'l"OR 1n his field ' · '"US·"J: .. 11ork, olfic~ work, or re5ecrch. RECORDER'S CERTIFICATE Flied for r,i_cqi,d lhisMl:!..._dqy of~, 2000. aE,E'J.t. in boo~ l':l.9..._of ~at page l.j/ at tile request of ALBERT 1-1. AFINETI. Bofl B"d~~~ger we1:r l•)!fl:'?HIH'ilOt.1 S"pt. of Rocc.--ds SURVEYOR'S CERTIFICATE Tole mqp correctly repre,,snts <1 3urvey mode by me (>( under IT'Y d.-ectlon in con!onnanc<> wHII th" requirements of the Surl'<I~ R"eor<iing Act o\ the requast <>f !.!cGHE(. @L~ZJ AJl>llrl M. Amett.~10702 ="' McGHEE BOUNDARY SURVEY NORTH LINE OF McGHEE'S PROPERTY 10930 144TH AVENUE SE R.E.f•HON,. WA~f--!!NGTON .~ ' • ol,.- :r? ,q , . a' ~ ~ ·"' e • ~ ' ~IC\'l!.LCREX,/;~1}E.·.' .. ,, • .,., by: Dato. -,.~--.-, SEP'1'£MBER, :,i:ooo DeA ct,...,kod by. =· AJ,!A r=".:il!. 00l92 20050621002061.001 After recording return to: Joshua Rosenstein 1111111111111111 20050621002061 CHICAGO TITLE AG 24,00 POGo001 OF 006 . 06/21/2005 15:52 KING COUNTY, WR HANSON BAKER LUDLOW DRUMHELLER P.S. I 0777 Main Street. Suite 300 Bellevue, Washington 98004 DOCUMENT TITLE Memorandum of A ~-eroent ,r- GRANTOR Llora S. Nfaertins, as Trustee ofLlora S. Maertins Revocable Trust ( {c_. lJlD 3-14-05 GRANTEE KBS Develonment Corooration, a Wasbim:i:ton corooration - LEGAL DESCRIPTION Portion of SE !4 of Sec. 3, T. 23 N., R. 5 E .. W.M. ASSESSOR'S PARCEL NOS. 032305-9021 /-l <.__;, l L 'vl MEMORANDUM OF AGREEMENT !)) 0 3 sD 01 , TIIIS MEMORANDUM OF AGREEMENT is to provide notice that an Agreement Between Neighbors of even date herewith ("Agreement") has been executed by and between Llora S. Maerlins, as Trustee of Llora S. Maertins Revocable Trust DID 3-14-05 C'Maertins"), owner of real property legally described on Exhibit A, attached hereto and incorporated herein (the "Maertins Property"), and KBS Development Corporation, a Washington corporation and/or its successors or assigns ("KBS"). owner of the adjoining real property legally described on Exhibit B, attached hereto and incorporated herein (the "KBS Property"). Pursuant to the terms of the Agreement, Maertins has agreed to convey certain easements for access and slope and construction across the Maertins Property for the benefit of the KBS Property. The easements will be recorded upon the occurrence of certain events described more fully in the Agreement. The Agreement imposes additional obligations on KBS, Maertins and their respective heirs, successors and assigns, and by its terms and by recording of this Memorandum runs with the land. Pursuant to the Agreement, if the Plat of Windstone IV, City of Renton File No. LUA-04-135, SHPL-H ("Windstone IV"), which plat subdivides a portion of the KBS Property, has not been recorded on or before December 31, 2008, the Agreement shall be null and void and two of the Easements described in the Agreement and held in escrow shall not be recorded and shall be returned to Maertins. This Memorandum may be signed in any number of counterparts, which together shall constitute a single document. W:\ WPDOCS12402S\004\JfR14n .DOC 6/15/2005 [Signature page follows.] Page 1 of 6 Memorandum of Agreement / 20050621002061.002 DATED this /~ay of __ .JZ( __ tvl' ____ ~ 2005. MAERTINS: ~~7k__ LLORA S. MAERTINS, as Trustee ':ifLJora S. Maertins Revocable Trust UID 3-14-05 KBS: KBS Development Corporation, a Washington corporation. er St., Suite 100 Bellevue, W 98005 Page 2 of6 W:\WPD0CS\2<1025\004\JIR24n.DOC 6/15/2005 Memorandum of Agreement 20050621002061.003 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on the /? day of :TU A£' , 2005, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came Llora S. Maertins, Trustee of Llora S. Maertins Revocable Trust UID 3-14-05, personally known or having presented satisfactory evidence to be the individual described in and who executed the within instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS.M'i'~ and official seal the day and year in this certificate first above written. ---::, G. Sc~',, ~-/ /c:7'--,, -<~sYo;;•,,,, v.r,\ -~~""""=--=-="'-"·W~IC;f-"~=:::;:....s...,c:=-----i d!,f"~:··_1 ~-.,,~', Prin~6-Sc/Y,s-fec ~ fU ~-.~ ; iO ~ NotaryPublicinandfortheSt_aJeofWashington, ~ ,, f : Residing at ~WJ~-'.t'R~"'Kl."'Z.""/hrl.-'JJ'->..------~ \ \,,• .. , .o .. ~~: ~ ~ ExpirationDat~: __ _.,Jf~,=WtJ~.:OS~~------,,1 ~ 11 11H,,,,,..,, Q~ _: 1 • Op WAfiWl"I ---1 \ •• :-'",,,,,.,, ... STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this /.S~yof O:wtvE , 2005, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came Kolin Taylor. personally known or having presented satisfactory evidence to be the President of KBS Development Corporation, the corporation that executed the foregoing instrument, and acknow !edged the said instrument to be the free and voluntary act and deed of said cotporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on bebalf of said corporation. WITNESS MY HAND and official seal the day and year in this certificate first above written . ........ ,,,,,\\ ~~~ ~ ---~G.SC1t,''•,, p~- ;-m--~"_ .. ,•"'i,io/J'~•,,}'~' •, Notary Public in and for the : .::::i -~ ,,.. \ t'C'\: ', State of Washington, residing at ' = ~ ",;.. ' ;G ~ k<:Rfff'lfrtt/0, ~ ~;u ~-~ ~ E -Ex_p_i~ra"n-.o~n~D~a~t-e~: -~3=--,3-o---<7-?'°~----- ', "' .! 'II,,, ... ,d),.,, ....... ~ .. ',, .,~ 1 '11\h'"'" :;..e~ _: • 1 0,: WA,»W ... .. '1 \ \' '"'' ................ ... W:\WPD0CSl2-40251004\JIR2477.DOC 6/1512005 Page 3 of 6 Memorandum of Agreement i EXHIBIT A LEGAL DESCRIPTION OF MAERTINS PROPERTY The North 677.44 feet of the West Y, of the West Y, of the SEY. of the SE Y. of Section 3, T 23 N., R 5 E., W.M., in King County, Washington; EXCEPT the West 130 feet of portion lying South of a line 339.5 feet South of the North line; EXCEPT that portion of said North 677.44 feet lying South of the following described line, Beginning at the intersection of the South line of the North 677.44 feet with the East line of the West Y, of the West Y, of the Southeast Y. of the Southeast Y. of said Section 3; THENCE N 87-49-08 W along said South line a distance of 89.01 feet to the beginning of said line; THENCE N 67-07-57 W a distance of 119.88 feet to intersection of the East line of the West 130 feet of the Southeast ~ of the Southeast l,i of said Section 3, said intersection being terminus of line; EXCEPT portion, if any, conveyed to James L. Dixon, et ux, by deeds recorded under Auditor File No. 6468344 and 7207120398; EXCEPT coal and mineral rights; TOGETHER WITH easement for ingress, egress and utilities by instrument recorded under Recording No. 7609140487; SUBJECT TO easements, reservations, restrictions and rights of record, if any. Page 4 of 6 20050621002061.004 W;\WPDOCS\2402S\004\JIR2477.D0C 6!1St200S Memorandum of Agreement EXHIBITB LEGAL DESCRIPTION OF KBS PROPERTY Lot X, Lot Y and Lot Z of King County Lot Line Adjustment No. LL0089, as filed under Recording No. 20020702900007, records of King County, Washington. AND Lot I, King County Short Plat Number 486017, recorded under Recording Number 8703039001, and amended by Affidavit of Correction recorded under Recording Nwnber 8706260950, in King County, Washington, being a portion of the South halfof the South half of the South half of the Northeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 5 East, Willamette Meridian, in King CoWity, Washington; TOGETHER WITH the following described property in accordance with Decree Quieting Title in King County Superior Court Cause Number 86- 2-22118-2 entered on March 23, 1987: The South 330 feet of the Northeast quarter of the Southeast quarter of Section 3, Township 23 North. Range 5 East~ Willamette Meridian. in King County} Washington; EXCEPT the West 840.50 feet thereof; and EXCEPT the North 165 feet thereof; and EXCEPT that portion of lying within the South half of the South half of the South half of said subdivisionj and EXCEPT County roads. AND A portion of the Northeast quarter of the Southeast quarter of Section 3 Township 23 N, Range 5 East, W.M. in King County, Washington; BEGINNIN"G at the Southeast corner of said Section 3; Thence Northerly 65.00 feet along the East line of said Section 3; Thence North 87°49'08" West 670.20 feet; Thence South 01 °25'02" West 65.00 feet to the South line of the Northeast quarter of the Southeast quarter of said Section 3~ Thence Easterly along said South line 670.20 feet to the Point of Beginning; Situate in King County, Washington. Page 5 of 6 20050621002061.005 W :\WPDOCS\2402S\004\JlR24n .DOC 6/l5/200S Memorandum of Agreement AND Lot 3 of King County Short Plat Number 486017, recorded under Recording Number 8703039001, and corrected by Affidavit recorded under Recording Number 8706260950, together with the West 428.00 feet of the South 330 feet of the Northeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; EXCEPT the North 165 feet thereof; EXCEPT that portion lying within the South half of the South half of the South half of said subdivision and EXCEPT County roads; IN ACCORDANCE with Decree Quieting Title in King County Court Cause Number 86-2-22118-2 entered on March 23, 1987: EXCEPT the East 164 feet of said Lot 3; (BEING KNOWN AS Lot 3 of King County Lot Line Adjustment No. S92L0103, recorded under Recording Number 9209101022, and other property.) Page 6 of 6 20050621002061.006 W:\WPOOCS\24025l.004\JIR2477.D0C 6/15/2005 Memorandum of Agreement After recording return to; Curtis G. Schuster KBS Deveto;ment Corporation 12320NE8 Street,Ste#lOO Bellevue, WA 98005 DOCUMENT TITLE REFERENCE NUMBER(S) GRANTOR(S) GRANTEE(S) LEGAL DESCRIPTION: ASSESSOR'S PROPERTY TAXPARCEUACCOUNT NUMBER: 20060808001642.001 11111111-11111111 20060808001642 GLOSSER LAU OF EA$ 3g 00 PAGE001 OF 008 . ©8/08/2006 13;56 ICING COUNTY, IJA Easement Agreement None Llora S. Maertins, as Trustee ofLlora S. Maertins Revocable Trust UID 3-14-05 KBS Development Corporation Portion of the SE !4 of Sec. 3, Twp. 23 N., Range 5 E., W.M., in King County, Washington. 032305-9021 EASEMENT AGREEMENT THIS EASEMENT AGREElvlENT is made on this / sz1t day ofcc--'''"'1J~!ttlG::="'=~~-=-~ 2005 by Llora S. Maertins, as Trustee ofLlora S. Maertlns Revocable Trust UID 3-14-05 e·Maertins',), and KBS Development Corporation and/or its successors or assigns ("K.BSn). RECITALS A. KBS owns certain real property, all of which property is referred to herein as the "KBS Property," and is legally described on Attachment 11 A 11 • B. Maertins owns certain real property, all of which property is referred to herein as the 11Maertins Property,11 and is legally described on Attachment 11 B11 • C. KBS desires a slope and construction easement, on, over and tmder a portion of the Maertlns Property legally described on attached Attachment "C." KBS intends to use the easement in KBS' development of the Plat ofWindstone IV, City of Renton File No. LUA-04-135, SHPL-H ("Windstone IV"), located on a portion of the KBS Property. NOW, THERFORE, in consideration of the mutual covenants and agreements herein contained, Maertins and KBS hereby agree as follows: W:\WPD0CS\24025\004\flR2226.00C 20060808001642.002 1. Declaration of Slope and Construction Easement. Maertins hereby grants and conveys to KBS non-exclusive easements for slope and construction (the "Slope and Construction Easement") over that portion of the Maertins Property described in Attachment "C" and depicted in Attachment HD" (the "Slope and Construction Easement Area"). Maertins shall continue to own and will be entitled to use the Easement area to the extent pennitted by the Renton City Code and other applicable law. The Maertins Property shall be the burdened property and the KBS Property shall be the benefited property. 2. Restoration. KBS, at KBS 1 expense, will relocate any fencing disturbed. during construction to the Slope and Construction Easement Area, and shall install a barrier arm gate in the new fence at a location determined by Maertins. Any timber from trees felled as a result ofKBS' use of the Easement shall belong to Maertins and shall be stacked by KBS on the Maertins Property adjacent to the Slope and Construction Easement Area in a location determined by Maertins. 3. Sanitary Sewer Stubs. At such time as KBS constructs a sanitary sewer system within the KBS Property, KBS shall, at KBS's sole cost and expense, install up to two (2) sanitary sewer stubs up to ten feet (10') onto the Maertins Property for Maertins to hook into said sanitary sewer system. The location of the stubs shall be detennined by KBS. Maertins shall pay any hookup fees to the applicable municipality, but shall not be liable to KBS for any latecomer charges. 4. Termination of Easement. The Construction Easement shall automatically terminate ninety (90) days following the recording of the final plat or final short plat of Windstone N. _ The Slope Easement shall be perpetual. 5. Applicable Law. This Agreement shall be construed in accordance with and all disputes hereunder shall be governed by the law of the State of Washington. The venue of any suit between the parties to this Agreement shall be the King County Superior Court. 6. Attorney's Fees and Costs. In the event a party takes action to enforce any of the tenns of this Easement, the prevailing party shall be awarded its costs, litigation expenses, and reasonable attorney's fees, whetht::r incurred before or at trial, on appeal, -in bankruptcy or in enforcement of a judgment. 7. Appurtenant and Runs with the Land; Counterparts. The Easements created herein shall be appurtenant to and shall run with the land. It shall be binding upon the burdened property owner and the benefited property owner and their successors, heirs and assigns. This Agreement may be signed in any number of counterparts, which together shall constitute a single document. MAERTINS KBS DEVELOPMENT CORPORATION, a Washington Corporation ---- ~ A'~ /w-.-a"kqJy,~~~""'--------- Llora S. Maertins, as Trustee of Llora S. Maertins Revocable Trust UID 3-14-05 W:\ WPD0CS\24025\004VIR2226.DOC 2 20060808001642.003 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Llora S. Maertins, Trustee ofLlora S. Maertins Revocable Trust UID 3-14-05 is the person who appeared before me, acknowledged that she signed this instrument, and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument.. DATED ,TtJ.i,lc I!:, 2005 ~~ Cu..-fis G . .xMc, (Printed Name) Notary Public ? OS-. My Appointment Expires f-..:,0- STATEOFWASHINGTON ) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that Kolin Taylor is the person who appe.ared before me, and said person acknowledged that he was authorized to execute the instrument, and acknowledged it as the President ofKBS Development Corporation, a Washington Corporation, to be the free voluntary act of such party for the uses and purposes mentioned in this instrwnent DATED J{J/lllf" P; 2005 ~-~ &c 17r C,S";k:b::(PrintedName) Notary Public My Appointment Expires f'~ 3t> 'Qj . W:\\VPDOCS\24025\004\JIR,2226.00C 3 ATTACHMENT "A" LEGAL DESCRIPTION OF KBS PROPERTY Lot X, Lot Y and Lot Z ofKing County Lot Line Adjustment No. LL0089, as filed under Recording No. 20020702900007, records of King County, Washington. AND Lot 1, King County Short Plat Number 486017, recorded under Recording Number 8703039001, and amended by Affidavit of Correction recorded under Recording Number 8706260950, in King County, Washington, being a portion of the South halfof the South half of the South half of the Northeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; TOGETHER WITH the following described property in accordance with Decree Quieting Title in King County Superior Court Cause Number 86-2-22118-2 entered on March 23, 1987: The South 330 feet of the Northeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; EXCEPT the West 840.50 feet thereof; and EXCEPT the North 165 feet thereof; and EXCEPT that portion oflying within the South half of the South halfofthe South halfof said subdivision; and EXCEPT County roads. AND BEGINNING at the Southeast corner of the Northeast quarter of the Southeast quarter of Section 3, Township 23N, Range 5 East, W.M. in King County, Washington; Thence Northerly 65.00 feet along the East line of said Section 3· ' Thence North 87°49'08" West 670.20 feet; Thence South 01°25'02" West 65.00 feet to the South line of the Northeast quarter of the Southeast quarter of said Section 3; Thence Easterly along said South line 670.20 feet to the Point of Beginning; Situate in King County, Washington. AND Lot 3 of King County Short Plat Number 486017, recorded under Recording Number 8703039001, and corrected by W:\WPDOCS\24025\004\JIR2226.DOC 4 20060808001642.004 Affidavit recorded under Recording Number 8706260950, together with the West 428.00 feet of the South 330 feet of the Northeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; EXCEPT the North 165 feet thereof; EXCEPT that portion lying within the South half of the South half of the South half of said subdivision and EXCEPT County roads; IN ACCORDANCE with Decree Quieting Title in King County Court Cause Number 86-2-22118-2 entered on March 23, 1987: EXCEPT the East 164 feet of said Lot 3; (BEING KNOWN AS Lot 3 of King County Lot Line Adjustment No. S92LOI 03, recorded under Recording Number 9209101022, and other property.) W:\WPDOCS\24025\004'JIR2226.DOC 5 20060808001642. 005 ATTACHMENT "B" LEGAL DESCRIPTION OF MAERTJNS PROPERTY The North 677.44 feet of the West Y, of the West Y, of the SE Y., of the SE !4 of Section 3, T 23 N., R 5 E., W.M., in King CoW1ty, Washington; EXCEPT the West 130 feet of portion lying South of a line 339.5 feet South of the North line; EXCEPT that portion of said North 677.44 feet lying South of the following described line: Beginning at the intersection of the South line of the North 677.44 feet with the East line of the West 1.4 of the West Y2 of the Southeast ~ of the Southeast ~ of said Section 3; THENCE N 87-49-08 W along said South line a distauce of 89.01 feet to the beginning of said line; THENCE N 67-07-57 W a distance of 119.88 feet to intersection of the East line of the West 130 feet of the Southeast !4 of the Southeast 14 of said Section 3, said intersection being tenninus of line; EXCEPT portion, if any, conveyed to Jaines L. Dixon, et ux, by deeds recorded under Auditor File No. 6468344 and 7207120398; EXCEPT coal and mineral rights; TOGETHER WITH easement for ingress, egress and uti1ities by instrument recorded under Recording No. 7609140487; SUBJECT TO easements, reservations, restrictions and rights of record, if any. W:\ WPDOCS'24025\004\JIR2226.00C 6 20060808001642.006 .. Attachment "C" t 0' Slope Easement & l O' Temporary Constructioo Easement Acro,s the Maertins Property That portion of the West half of the West half of the South<ast quarter of lhe South<ast quarter of Section 3, Township 23 North, Range 5 East oflhe Willamette Meridian in King County, Washington, more particularly descnoed as fullows: A 10 foot wide strip of land, lying 10 feet North of the following described line: Commendng at the Northwest corner of said subdivision; thence South 01 °25'01 tt West, along the West line of said subdivision, a distance of 17.00 feet to the True Point of Beginning; thence South 87°49'13" East, a distance of 137.47 feet to the beginning of a curve concave to the North having a radius of 137.83 feet and a central angle of 8°48' 17" and being subtended by a chord which bears North 87°49'44" East 21.16 feet; thence Easterly along said curve, a distance of 21.18 feet; thence North 83°25'35" East tangent to said curve, a distance of25.25 feet to the beginning of a curve tangent to said line; thence Easterly a distance of9.50 feet along the curve coocave to the South, having a radius of 62.17 feet and a central angle of 8°45'10"; thence South 87°49'15" East tangent to said curve, a distaoce of 60.00 feet; thence N<>rth 02°10'45" East, a distance of0.83 feet to a point 10 feet South of the North line of said subdivision; thence South 87°49'!5" East, parallel with said North line, a distance of77.56 feet to the East line of said subdivision and the terminus of .said line. It is the intent of this description that sidelines shall extend or truncate as necessary to intersect at boundary lines and intersections. Situate in the County of King. State of Washington. W :\ WPD0CS\24025\0041JfR2226.DOC 7 20060808001642.007 ~ 0 "' ;z -0 0 0:, 0 0:, 0 g N Attachment PD" 10' 10' Slope Easement & Temporary Construction Easement Across the Maert.ins Property ~;;1;; ;J, ... :RIO !: C: 5o 5•.; !i,- (t}Ci -- --- I l1le If Un• of the SE 1/4 cf \be SE 1/ 4. sec 3, TIOl .!3ff. Rng 511. IIM, Curve Table Cl t,,;!l, 18' t,,, ..... ·11· -·"'' ca L-0.!!0' t,,, 9•4$·JQ" IK!.11' n-.. e um, of tile 11 1/a1-of ~• K 1./2 ot tne SE" 1/.4 of t110 SE I/ii. Soc S. Twp 23N. Riv 11£. lftf. ~ j!S i not to scale q.. ....... s-2a-aoos J 00 8 i ~ !ii ~ 8 ! .. After recording return to: Office of the City Clerk City of Renton 1055 S. Grady Way Renton, WA 98055 DOCUMENT 'IITLE REFERENCE NO. OF DOCUMENTS ASSIGNED/ RELEASED GRANTOR GRANTEE LEGAL DESCRIPTION ASSESSOR'S PARCEL NO. 20060914001333.001 lttllf Ill ff 11111 :rr:01 wsis~ EAS ,3S. 0-0 KING /2006 11:27 COUNTY, UR Access Easement Llora S. Maertins, as Trustee of L1ora S. Maertins Revocable Trust UID 3-14-05 City of Renton Ptn of SE % of Sec. 3, T23N, RSE, WM 032305·9021 EXCISE TAX NOT REQUIRED ACCESS EASEMENT ~lEX::pu~ Llora S. Maertins, as Trustee of L!ora S. Maertins Revocable Trust UID 3-14-05, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby conveys to the City of Renton, a Washington municipal corporation, its successors and assigns, a permanent easement on and over the real property described as the HEasement Area' in the attached Attachment A and depicted on Attachment B, for construction and maintenance of an access road for vehicular and pedestrian traffic for the benefit of the real property described as the "Benefited Parcel" in the attached Attachment C. Tltis easement is granted subject to the following terms, which Grantee agrees to perform and obey: Grantee shall defend, indemnify and hold harmless Grantor from any and all liability, loss, damages, claims, demands, suits or expenses. including reasonable attorneys fees, arising out of the acts or omissions of Grantee or its invitees. licensees. servants, agents, successors and assigns in the exercise of the rights granted herein. Provided, however, that Grantee shall not indemnify defend or hold harmless Grantor from any liability, loss, damages, claimst demands, suits or expense arising out of or resulting solely from the negligence of Granter, ·its servants, agents or assigns. W:\WPOOCS\24025\004\TMB5096.DOC 06/15/05 Page 1 )oor;,~o//1 ' . 20060914001333.002 The rights and obligations of the parties hereunder shall inure to the benefit of and be binding upon their respective successors and assigns. Tf." Dated this (.) &y of J7A.r4f' , 2005 W:\WPD0CS\24025\004\TMB5096.DOC 06/15/05 ~~~-4__ Llera S. Maertins, as Trustee of L!d'ra S. Maertins Revocable Trust UID 3-14-05 Accepted by the City of Renton: By: -----------,-,----__________ ,, Mayor Attest: ----------=c-=---,-_________ • City Clerk Page2 20060914001333.003 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on the /~day of ~ , 2005, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, came Llora S. Maertins, Trustee of Llora S. Maertins Revocable Trust UID 3-14-05, personally known or having presented satisfactory evidence to be the individual described ii;l and who executed the within instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS MY HAND and official seal the day and y STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this __ day of , 2005, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn. came ___________ , personally known or having presented satisfactory evidence to be the -----------of City of Renton, a Washington municipal corporation, the corporation that executed the foregoing instrument. and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to execute the said instrument on behalf of said corporation. WITNESS MY HAND and official seal the day and year in this certificate first above written. W:\WPDOCS\24025\004\TMBS096.D0C 06115/05 Print Name:,....,,..........,-=--.....,-------- Notary Public in and for the State of W asbington, residing at Expiration Date: __________ _ Page 3 Attachment "A" Access Easement Across the Maertins Property That portion of the West half of the West half of the Southeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 5 East of the Willamette Meridian in King County, Washington, more particularly described as follows: Beginning at the Northwest comer of the Westhalfofthe West half of the Southeast quarter of the Southeast quarrerofsaid Section 3; theoce South 87'49'15" Bast, along the North line of said subdivision, a distance of243.21 feet; thence South 02°10'45" West, a distaoce of0.83 feet; thence North 87°49'15" West, a distance of 50.00 feet to the beginning ofa curve tangent to said line; . theoce Westerly a distance of 11.02 feet along the curve ooncave to the South, having a radius of72.17 feet aod a ceotral angle of8°45'IO"; thence South 83'25'35"Westtangentto said curve, a distance of25.25 feet to the beginning of a curve tangeDt to said line; thence Westerly a distance of19.64 feet along the curve ooncave to the North, having a radius of 127.83 feet and a central angle of8°48'17'; thence North 87°49'13'' West, a distance of 137.61 feet to the Westline of said subdivision; thence North 01'25'01" Bast, along said Westline, a distance of7.00 feet to the True Point of Beginning. W;\WPDOCS\2402$\004\TMB:5096.DOC 06/15/05 Page 4 20060914001333.004 "' 0 0 .; "' "' ~ 0 0 ... ~ ~ :g lil NE 16th s;l - N0! '25'0l'E 7.00' 'O -~=t[J ,: C: ID 0 E: ·~ !L: fl}('.) -- Attachment "B" Access Easement Across the Maertins Properly The N line of the SE 1/4 of the SE 1/4, Sec 3,, TWP 23N, Ang SE, WM. I ~7.'~' 15"E 243.21_' 587 •49 · 1rE 137 .61' Thew line of th~ SE i/4 of the SE: 1/4, Sec _3, Twp 23N, ~ng SE, WM. Cl •25_25•·C2' Silt "49' i5'E Ne3'25'35'E 50.oo· Curve Table 102 '10 • 45'E a.ea· Cl L•l9.64' A• 8'48'!7" R•!27.83' C2 L•H.02' A• 8'45'10' R•72.17' The E line of the W 1/2 of the W 1/2 of the SE !/4 of the SE l/4, sec 3, Twp 23N, Rng 5E, WM. "' ~ "' not to scale 8 I EJO>mes5-23-2005 I ~~ ~-ii is ATTACHMENT C LEGAL DESCRIPTION OF BENEF1TED PROPERTY Lot X, Lot Y and Lot Z of King County Lot Line Adjustment No. LL0089, as filed under Recording No. 20020702900007, records of King County, Washington. AND Lot l, King County Short Plat Number 486017, recorded under Recording Number 8703039001, and amended by Affidavit of Correction recorded under Recording Number 8706260950, in King County, Washington, being a portion of the South half of the South half of the South half of the Northeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; TOGETHER WITH the following described property in accordance with Decree Quieting Title in King County Superior Court Cause Number 86-2-22118-2 entered on March 23, 1987: The South 330 feet of the Northeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 5 East, Wi11amette Merid.ianj in King County, Washington; EXCEPT the West 840.50 feet thereof; and EXCEPT the North 165 feet thereof; and EXCEPT that portion of lying within the South half of the South half of the South half of said subdivision; and EXCEPT County roads. AND A portion of the Northeast quarter of the Southeast quarter of Section 3 Township 23 N, Range 5 East, W.M. in King County, Washington; BEGINNING at the Southeast corner of said Section 3; Thence Northerly 65.00 feet along the East line of said Section 3; Thence North 87°49'08" West 670.20 feet; Thence South 01 '25'02" West 65.00 feet to the South line of the Northeast quarter of the Southeast quarter of said Section 3; Thence Easterly along said South line 670.20 feet to the Point of Beginning; Situate in King County, Washington. AND W:\WPDOCS\24025\004\TMB5096.DOC 06/tS/OS Page 6 20060914001333.006 Lot 3 of King County Short Plat Number 486017, recorded under Recording Number 8703039001, and corrected by Affidavit recorded under Recording Number 8706260950, together with the West 428.00 feet of the South 330 feet of the Northeast quarter of the Southeast quarter of Section 3, Township 23 North, Range 5 East, Willamette Meridian, in King County, Washington; EXCEPT the North 165 feet thereof; EXCEPT that portion lying within the South half of the South half of the South half of said subdivision and EXCEPT County roads; IN ACCORDANCE with Decree Quieting Title in King County Court Cause Number 86-2-22118-2 entered on March 23, 1987: EXCEPT the East 164 feet of said Lot 3; (BEING KNOWN AS Lot 3 of King County Lot Line Adjustment No. S92L0103, recorded under Recording Number 9209101022, and other property.) W:\ WPDOCS\24025\004\TMB5096.DOC 06ll5!05 Page 7 20060914001333.007 20140306000025.001 -· ]WHEN RECORDED RETURN TO: LEININGER & CHRISTENSON, P .S. 8407 South 259" Street Kent A 98031 Assessor's Parcel or Account No. 032305-9167-05 & 032305-9021-01 Abbreviated Legal Description: Ptn. ofWl/2, SEl/4, SEl/4, 3-23-5 Full Legal Description on Pages: One & Two EXCISE TAX NOT REQUil'lED EASEMENT ~-Co.~ds By~~, ,Deputy ,1 M_&JSOfri. LLORA S. MAERTINS, TRUSTEE OF THE LLORA S. MAERTINS REVOCABLE LIVING TRUST UID 3-14-05, hereinafter referred to as "Grantor" and as owner of Parcel "A" set forth hereafter, grants a perrnanent non-exclusive perpetual easement for the lawful construction, installation1 maintenance, operation, repair, replacement and use of underground water pipes and appurtenances as follows: WHEREAS, the Grantor is the owner in fee simple of the real property legally described as: THAT PORTION OF THE WEST Y, OF THE WEST Y, OF THE SOUTHEAST Y. OF THE SOUTHEAST Y. OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF STATE ROAD NO. 2; EXCEPT THE WEST 130 FEET; EXCEPT THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF STATE ROAD NO. 2 WITH THE EAST LINE OF SAID SUBDIVISION; THENCE IN A NORTHWESTERLY DIRECTION ON A CURVE TO THE RIGHT WITH A RADIUS OF 379.51 FEET, A DISTANCE 119.49 FEET TO THE BEGINNING OF SAID LINE; THENCE NORTH 11-30-47 EAST A DISTANCE OF 168.52 FEET, MORE OR LESS, TO INTERSECTION OF THE SOUTH LINE OF THE NORTH 677.44 FEET OF SAID SUBDNISION, SAID POfNT BEING KNOWN AS POINT "A" AND THE TERMINUS OF SAID LINE; ALSO EXCEPT THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT "A", THENCE NORTH 67-07-57 WEST ALONG SAID LINE A DISTANCE OF 119.88 FEET TO and 20140306000025.002 INTERSECTION OF THE EAST LINE OF THE WEST 130 FEET OF THE SOUTHEAST Y. OF THE SOUTHEAST Y. OF SAID SECTION 3, SAID INTERSECTION BEING TERMINUS OF SAID LINE; EXCEPT PORTION, IF ANY, CONVEYED TO JAMES L. DIXON, ET UX., BY DEEDS RECORDED UNDER AUDITOR FILE NO. 6468344 AND 7207120398: SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF RECORD, IF ANY. hereinafter referred to as Parcel "A" WHEREAS, the Grantor desires and is willing to grant a permanent non- exclusive easement for water lines, and appurtenances now existing or hereafter constructed across a portion of Parcel "A" for the use and benefit of Parcel "B", legally described as: THE NORTH 677.44 FEET OF THE WEST Y, OF THE WEST Y, OF THE SOUTHEAST V. OF THE SOUTHEAST Y. OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M. IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 130 FEET OF PORTION LYING SOUTH OF A LINE 339.5 FEET SOUTH OF THE NORTH LINE; EXCEPT THAT PORTION OF SAID NORTH 677.44 FEET LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 677.44 FEET WITH THE EAST LINE OF THE WEST Y, OF THE WEST Y, OF THE SOUTHEAST Y. OF THE SOUTHEAST Y. OF SECTION 3; THENCE NORTH 87-49-08 WEST ALONG SAID SOUTH LINE A DISTANCE OF 89.01 FEET TO THE BEGINNING OF SAID LINE; THENCE NORTH 67-07-57 WEST A DISTANCE OF 119.88 FEET TO THE INTERSECTION OF THE EAST LINE OF THE WEST 130 FEET OF THE SOUTHEAST Y. OF THE SOUTHEAST V. OF SAID SECTION 3, SAID INTERSECTION BEING TERMINUS OF LINE; EXCEPT PORTION, IF ANY, CONVEYED TO JAMES L. DIXON, ET UX., BY DEEDS RECORDED UNDER AUDITOR FILE NO. 6468344 AND 7207120398, EXCEPT COAL AND MINERAL RIGHTS; TOGETHER WITH EASEMENT FOR INGRESS, EGRESS AND UTILITIES BY INSTRUMENT RECORDED UNDER RECORDING NO. 7609140487; SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF RECORD, IF ANY. herein referred to as Parcel "B" 20140306000025.003 NOW, THEREFORE, the Grantor does by these presents, convey and grant across a Portion of Parcel "A" unto Parcel '4B'1, a pennanent non-exclusive perpetual easement for the law construction, installation, inspection, maintenance, repair, replacement, locating and relocating of water lines, under, through, above and across the following described property situated in King County, Washington, and more particularly described as follows: The West 15 feet of the following described property: THAT PORTION OF THE WEST Y, OF THE WEST Y, OF THE SOUTHEAST \4 OF THE SOUTHEAST \4 OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING NORTHERLY OF STATE ROAD NO. 2; EXCEPT THE WEST 130 FEET; EXCEPT THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH LINE OF STATE ROAD NO. 2 WITH THE EAST LINE OF SAID SUBDIVISION; THENCE IN A NORTHWESTERLY DIRECTION ON A CURVE TO THE RIGHT WITH A RADIUS OF 379.51 FEET, A DISTANCE 119.49 FEET TO THE BEGINNING OF SAID LINE; THENCE NORTH l 1-30-47 EAST A DISTANCE OF 168.52 FEET, MORE OR LESS, TO INTERSECTION OF THE SOUTH LINE OF THE NORTH 677.44 FEET OF SAID SUBDIVISION, SAID POINT BEING KNOWN AS POINT "A" AND THE TERMINUS OF SAID LINE; ALSO EXCEPT THAT PORTION LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT SAID POINT "A", THENCE NORTH 67-07-57 WEST ALONG SAID LINE A DISTANCE OF I I 9.88 FEET TO INTERSECTION OF THE EAST LINE OF THE WEST 130 FEET OF THE SOUTHEAST '!. OF THE SOUTHEAST \4 OF SAID SECTION 3, SAID INTERSECTION BEING TERMINUS OF SAID LINE; EXCEPT PORTION, IF ANY, CONVEYED TO JAMES L. DIXON, ET UX., BY DEEDS RECORDED UNDER AUDITOR FILE NO. 6468344 AND 7207120398: SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF RECORD, IF ANY. This Easement shall be a covenant running with the land and shall be binding upon the successors, heirs and assigns of the Granter and heirs, successors and assigns of Parcel B, hereinafter referred to as Grantee, as follows: (1) The Grantee shall have the right without prior institution of any suit or proceeding at law, at such time as may be necessary, to enter upon the easement for the purpose of constructingt repairing, altering or reconstructing said water mains, or making any connections herewith, without incurring any legal obligation or liability therefore, provided: 20140306000025.004 .. (2) The Grantee shall be solely responsible for the construction and cost of the initial improvements within the easement area and any subsequent maintenance thereto. (3) The Grantee shall keep the easement property free and clear of all liens and shall indemnify and defend Granters from all claims, liabilities, damages or losses of any kind that arise as a result of Grantee's or Grantee's invitees' use of the easement area; Provided, that in the event of the concurrent negligence of Grantor and Grantee, Grantee shall only be liable to the extent of Grantee's negligence. (4) The Grantee will restore Grantor's property to a condition as good as or better than the premises were prior to entry by the Grantee. (5) The Grantee will construct the improvements in a workmanlike manner and in compliance with the applicable statutes, ordinances, rules and regulations of all governing public authorities as those statutes, ordinances, rules and regulations are amended from time to time (6) Each individual signing on behalf of a party to this Agreement states that he or she is the duly authorized representative of the signing party and his or her signature on this Agreement has been duly authorized by, and creates the binding and enforceable obligation of the party on whose behalf the representative is signing. (7) In the event of any dispute between the parties regarding the enforcement or effect of this Agreement, the non-prevailing party in any such dispute shall pay the prevailing party's reasonable attorney's fees and costs incurred. 2J r.C IN WITNESS WHEREOF, [ have hereunto set my hand this _7 __ day of ~ a,.z ~ . 2014. STATE OF WASHINGTON) )ss. COUNTY OF KING ) Llora S. Maertins, Trustee of the Llora S. Maertins Revocable Living Trust UlD 3-14-05 On this day personally appeared before me, Llora S. Maertins, Trustee of the Llora S. Maertins Revocable Living Trust UID 3-14-05 to me known to be the individual described in and who acknowledged to me that she executed the within and foregoing 20140306000025.005 •• instrument as her free and voluntary act and deed, for the uses and purposes therein mentioned. ~EN upder my hand and official seal this \ pJ.OJ !~ , 2014. Ci:10~itqe State of ~gton residing at ~ . 4-day of My Commission Expires: ,J -Cf-17 ,· RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department (AEM) PO Box 97034 I EST -06W Bellevue, WA 98009-9734 • PUGET SOUND ENERGY REFERENCE #; 11111111111111111 2015100800,}!78 PUGET SOUND EM E~S PAGE-0•1 Of' "'4 1,,,a1201s 15~~3 KING COUNT'I, EASEMENT ORIGINAL GRANTOR (Owner): ALBACORE ACH, UC GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: Portion of SE 114 Sec. 03, Twp. 23 N., Rng. 05 E., W.M., K.C. ASSESSOR'S PROPERTY TAX PARCEL: 032305-9021 20151008001478.001 For and in consideration of good and valuable constderation, the receipt and sufficiency of which are hereby acknowledged, ALBACORE ACH, LLC, a Washington limited liabifity company rowner" herein), hereby grants and ccnveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property (the ~Property" herein) in King County, Washington: SEE EXHIBIT 11 A" ATIACHED HERETO AND BVTHIS REFERENCE MADE A PART HEREOF. Except as may be otherwise set forth herein PSE's rights shall be e.xercised upon that portion of the Properly ( .. Easement Area" herein) described as follows: EASEMENT NO. 1: ALL STREETS AND ROAD RIGHTS-OF-WAY (BOTH PRIVATE AND PUBLIC) AS NOW OR HEREAFTER DESIGNED, PLATIEO, AND/OR CONSTRUCTED WITHIN lHE ABOVE CESCRIBEO PROPERTY. (WHEN S.AtD STREETS AND ROADS ARE DEDICATED TO THE PUBLIC, THIS CLAUSE SHALL BECOME NULL AND VOID.) EASEMENT NO. 2: A STRIP OF LANO 10 FEET IN WIDTH ACROSS ALL LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN THE ABOVE DESCRlBEO PROPERTY BEING PARALLEL TO AND COINCIDENT WITH THE BOUNDARIES Of SAID PRIVATE ANO PUBLIC STREETS ANO ROAD RIGHTS-OF•WAY. 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for purposes of transmission, distribution and sale of gas and electricity. Such systems may include, but are not limited to: Underground facllltles. Conduits, !ines, cables, vaults, switches and transformers for electricity; pipes, pipelines, mains, laterals, conduits, regulators, gauges and rectifiers for gas; fiber optic cable and other Jines, cables and facilities for commvnicalions; semi-buried or ground~mounted facilities and pads, manholes, meters. fixtures, attachmen1s and any and all other facilities or· appurtenances necessary or convenient to any or all of the foregoing. 10· Plat easement 2013 WO# 105077968 / 107050149 / RW-092452 / Mae11ins Page 1 ol 4 201510080014 78.002 Following the initial conslruclion of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as ii may require for such systems. PSE shall have the right of access lo the Easement Area over and across the Property to enable PSE lo exercise ilS rights granted in this easement 2. Easement Area Clearing and Malnlenanee. PSE shall have the right, but not the obligation to cut, remove and dispose of any and all brush, trees or other vegetation in !he Easement Area. PSE shall also have the right, but not the obligation, to control, on a continuing basis and by any prudent and reasonable means, the establishment and grov...th of brush, trees or other vegetation in the Easement Area. 3. Trees Outside Easement Area. PSE shall have the rlght to cut, trim remove and dispose of any trees located on the Property outside the Easement Area that could, in PSE's sole judgment, interfere with or create a hazard to PSE"s systems. PSE shall, except in the event of an emergency, prior to the exercise of such right, identify such lrees and make a reasonable effort lo give Owner prior notice lhat such trees will be cut, trimmed, removed or disposed. Owner shall be entitled lo compensation for the actual market value of merchantable timber (if any) cul and removed from the Property by PSE. 4. Restoration. Following initial installation, repair or ex1ension of its facilities, PSE shall, to the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected by PSE's work !o the condition existing immediately prior to such work, unless said work was done al the requesl of Owner, in which ease Owner shall be responsible for such restoration. All restoration which is lhe responsibility of PSE shall be performed as soon as reasonably possible after the completion of PSE's work and shall be coordinated with Owner so as to cause the minimum amount of disruption to Owner's use of the Property. 5. Owner's Use of Easement Area. owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall no! excavate within or otherwise change lhe grade of the Easement Area or construct or maintain any buildings or structures on the Easement Area and Owner shall do no blasting within 300 feet of PSE's facilities without PSE's prior written consent. 6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of the negligence of PSE or its contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion or any such liability a1tributable to the negligence of Owner or the negligence of others. 7. Terminatl'on. The rights herein granted shall continue until such lime as PSE terminates such right by written instrument. tr terminated, any improvements remaining ITT the Easement Area shall become the property of Owner. No termination shall be deemed to have occurred by PSE's failure to install its systems on the Easement Area. 8. Successors and Assigns. PSE shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement Without limiting the generality of the foregoing, the rights and obligations of the parties shall be binding upon their respective successors and assigns. 10' Plat Easemenl 2013 WO# 1 oson968 / 107050149 J AW-092452 J Maertins Page 2 of 4 ·' DATED this t"f-0. day of ~~=t<-"\i:;~~~~ .. ~I,.....=-----'' 20 //>. OWNER: Its: ncco 'er "5 t'Y'4 m \, c STATE OF WASHINGTON ) ) ss COUNTY OF !(iO~ ) 20151008001478.003 On this 'L qrbday of '2,e.vtembe.{ , 20~. before me, the undersigned, a Notary Public in and . for the State of Washington, duly commissioned and sworn, personally appeared ~{~a~~ § \a~~e.,~ 'to me known lobe the person(s) who signed as3°'R£G.&cc, e..(l.. , of ALBACORE ACH, LLC, the Washington limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said limiled liability company for the uses and purposes therein mentioned; and on oath stated lhal he was authorized to execute the said inst11.Jment on behalf of said limi!ed liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. ~'''''"'\\11, ~~""'\,.EY PA, 11 111 §"~CJ.'',:, -. ..., , E tP""'~ c::, ~ .. ~ .. ~~ ;;~i ..... ! ~ :::; ... ~... . :: ~ 7 . "'a1.\C-E ~ ~ i ~·oe.16 ,; cf E ~, Op "t11,"\\'w-':_.,o~ ~ 1'11 1 WAS\-11~ ,.,.f'" ,,,\\\\\\\\,,,, .... NDWY ,aal, l"xt and ai llOtatiornJ misL be inside 1· mBl'!llns 10' Plat Easement 20"13 (Signature oftary} ~'-r, \-e........, ~a \.ac.\r:,u'(.. (F'rint or stampnan,e'of Notary) NOTARY PUBLIC in arid for the State of Washington, residing at P.., C-n ::\::0 D , L,.J A My Appointment Expires: __ ~=-,./~8~1_,_/_jµ\"'o~----- / I WO# 105077968 / 107050149 J RW-092452 / Maertirls Page 3 of 4 EXHIBIT 0 A" THE NORTH 677.44 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 130 FEET OF THAT PORTION LYING SOUTH OF A LINE 339.5 FEET SOUTH OF THE NORTH LINE; EXCEPT THAT PORTION OF SAIO NORTH 677.44 FEET LYING SOUTH OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 677.44 FEET WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 87°49'08" WEST ALONG SAID SOUTH LINE A DISTANCE OF 89.01 FEET TO THE BEGINNING OF SAID LINE; THENCE NORTH 67°07'57" WEST A DISTANCE OF 119.88 FEET TO INTERSECTION OF THE EAST LINE OF THE WEST 130 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3, SAID INTERSECTION BEING TERMINUS OF LINE; EXCEPTION PORTIONS, IF ANY, CONVEYED TO JAMES L. DIXON, ET UX, BY DEEDS RECORDED UNDER RECORDERS NUMBERS 6468344 AND 7207120398. 10' Plat Easement 2013 WO# 1oson96B / 107050149 / AW-092452 / Mae rt ins Page 4 of 4 20151008001478.004 RETURN ADDRESS: Puget Sound Energy, ln-c. Attention: R/W Deparbnent IAEMJ PO Box 97034 I EST--06W Bellevue, WA saoog.9734 • PUGET SOUND ENERGY I lllll~li~llll~l~l~IIII 20151029001392 PUGET SOUND EN EAS 7B.80 PAGE-081 OF 814 10/29/2015 15:45 KING COUNTY, \IA ORIGINAL AMENDMENT OF EASEMENT AND CONFIRMATION AGREEMENT This Amendment of Easement and Cor,ifirmation Agreement )"Agreement" herein) is made and entered Cnto this 2:/ day of Qer.ft>b(r , 20 fl"' by and between ALBACORE ACH, LLC, a Washington limited liability company ("Grantor"), and Puget Sound Energy, Inc:,, a Washington corporation ("PSE"). PSE is the holder of certain perpetual easement rights pursuant to that certain easemenl (the ··Easemenl") from ALBACORE ACH, l.LC, dated September, 29, 2015 and recorded under Auditot Fife Number 20161008001478, in the Real Property Records of King County, Washington. The Granter herein is the present owner of the real property described in Exhibit "A" attached hereto and by this reference made a part hereof which G a portion of the property encumbered by said easement. The Grantor herein and PSE wish to clarify certain matters regarding the above mentioned easement. NOW, THEREFORE, for and in consideration of good an<i 'l'aluable consideration in hand paid, the parties hereto confirm and agree as follows: Section 1. The Easement, as granted in September 2015. as hereinafter amended. remains in full force and effect. Section 2. The legal description of the Easement Area lying within the property described in said Exhibit "A'" is hereby amended to include the following described Easement Area; EASEMENT NO. 3: AN EASEMENT AREA TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF SUCH WIDTH ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS: THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTcD, TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE SOUTH 155 FEET OF THE ABOVE DESCRIBED PROPERTY. Section 3. This Agreement shall be binding upon and inure to the benefit of Successors and Assignees of both parties. 1N WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the day and year first set forth abo'l'e. Amendment of Easement WQ#. 105D7796S F 107050149 I RW-092452 / Maertins Page 1 of4 EXCISE TAX NOT REQUIRED ~~~~ 20151029001392.001 GRANTOR: ALBACORE AC:~ca;~ilitycompany Mi~~ ITS: Managing Member ----- All signatures to be acknowledged STATE OF WASHINGTON ) \<..' )ss COUNTY OF , 'r\ '0 ) On this 'L \ day of CY\"s:tib,e::c , 20_l5_, before me, the undersigned, a Notary Public in and for the Stale of Washington, duly commissioned and sworn, personally appeared Michael Gladstein to me known to be the person who signed as managing member, of ALBACORE ACH, LLC, the Washington limited liability company that exec:u1ed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and votunlary act and deed of said company for the uses and purposes therein mentioned; and on oalh stated lhat he was authorized to execute lhe said instrument on behalf of said limited liability company. Amendment of E;isement WO# 105077968 / 107050149 / RW-092452 I Maertiris Page 2 of 4 (SignatureoiNtary) 'A-C:. 'r, \ ~ ?a \2';; b IA'C, (Print or stamp name of Notary) NOTARY PUBLIC in and for 1he State of Washington, residing at ~~• Y,J~ My Appointment Expires: / / f c I 20151029001392.002 ' STATE OF WASHINGTON) )SS COUNTY OF KING ) On this ·2 Gay of ()t ~ , 20-1..2.._, before me, the undersigned, a Notary Public: in and for the State of Washington, i:luly commissioned and sworn. personally appeared /ta Mc.Daniel, to me known to be the person who signed as SuperYisor Real Estate of Puget Sound Energy, Inc., lhe corpofalion that executed the within and foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed and the free and voluntary act and deed of said corporation fot the uses and purposes therein mentioned; and on oath slated that he was authorized to execute the said instruction on behalf of said corporation. IN WffNESS WHEREOF I have hereunto set my hand and official seal the day a written. Amendment of Easement WO# 105077968 J 107050149 1 RW-092452 / Maertins Page J of4 (Prine or stamp name of Notary) NOT~RY PUBLI~ in and for ~~late of ~ .• A Washington, residing at A ~~ 1 (.JN- My Appointment Expires: --1 20151029001392.003 EXHIBIT 11 A 11 THE NORTH 677.44 FEET OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 130 FEET OF THAT PORTION LYING SOUTH OF A LINE 339.5 FEET SOUTH OF THE NORTH LINE; EXCEPT THAT PORTION OF SAID NORTH 677.44 FEET LYING SOUTH OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 677.44 FEET WITH THE EAST LINE OF THE WEST HALF OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3; THENCE NORTH 87"49'08" WEST ALONG SAID SOUTH LINE A DISTANCE OF 89.01 FEET TO THE BEGINNING OF SAID LINE; THENCE NORTH 67°07'57" WEST A DISTANCE OF 119.88 FEET TO INTERSECTION OF THE EAST LINE OF THE WEST 130 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 3, SAID INTERSECTION BEING TERMINUS OF LINE; EXCEPTION PORTIONS, IF ANY, CONVEYED TO JAMES L. DIXON, ET UX, BY DEEDS RECORDED UNDER RECORDERS NUMBERS 6468344 AND 7207120398. Amendmenl of Easement WO# 105077968 / 107050149 / RW-092-1521 Maertin& Page 4 of 4 20151029001392.004