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HomeMy WebLinkAboutA 2018021600033720180216000337.001 Instrument dumber: 201802161HHk337 Diwunlent:A Rec: $79.00 Page-1 af6 Record Dale:2l1612018 9:52 AM Electrxwicalb Rceurded King County. WA AFTER RECORDING MAIL TO: Name 3r0 and Williams, LLC Address 13414 SE $5- St, City/State Newcastle, WA 98059 Document Title(s): -- 1. Assignment of Membership Interest of 316 and Williams, LLC Reference Numbers) of Documents Assigned or released: Grantor(s): 1. Khanh C. Lu 2, Hoa Lu-Vo ) Additional information on page of document Grantee(s): 1. Melissa tune Lu 2. ] Additional information on page of document 1 ST AM ] Complete legal description is on page of document Instrument Number: 2018021649HF337 Dncumcnt:A lice: S79AN1 P;rl;e-2 of Record I1ate:2116120tS 9:52 AM Kin County, WA 20180216€00337.002 ASSIGNMENT OF MEM13ERSEIIE INTEREST OF 3RD AND WILLIAMS, LLC This Assi;gnrnmt of Membership Interest of 3RD AND WILLIAMS, LLC: (the "Assignment') is made and effective as of the 21 st day Qf December 2017, by and among K1r1ANH C. LU AND HOA LU-VO (Collectively "Assigoo "), and lvIELISSA JUNIE Lli ("Assignee"), RECITALS: WHEREAS, Assignor and the Assignee constitute all of the members of a limited liability company formed under the Washington State Limited Liability Company Act, by the name of 3RD AND WILLIAMS, LLC: (the "Cam'), and the Company is governed and operated pursuant to an Operating Agreement of 3RD AND WILLIAMS, LLC dated April 2009 (the "Operating Agreement"); WHEREAS, Assignor is the legal and beneficial owner of a 100% Membership Interest in the Company; and WHEREAS, Assignor wishes to transfer and assign 49% of their Membership Interest which constitutes a 4r}o!o of all membership interest in the Company to Assignee, and all of the members of the Company are agreeable to such transfer and withdrawal under the icons and conditions set forth below; NOW, THEREFORE, for and in consideration of the mutual promises, covenants, and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each of the parties hereto, the parties hereto agree as follows: 1. Conveyance by Assignor. Assignor bcreby assigns, conveys, transfers and delivers to Assignee, its sueeessors and assigns, all of Assignor's rights, title and interest in and to its 49%Membership Interest in the Company. This assignment is absolute and irrevocable and includes all rights in and claims to any undistributed cash or distributions of any kind and all other rights or benefits of any stature allocable to the Membership Interest under the Operating Agreement. 2. Acceptance by Assignee, Assignee hereby accepts the foregoing assignment and transfer of the Membership Interest in the Company from Assignor. Assignee hereby assumes and agrees to be bound by all: of the terms, conditions, and provisions of the Operating Agreement with respect to the Membership Interest in the Company transferred to Assignee by Assignor. Instrument Number: 201802161100337 DocumencA Rec: S79.tN1 Parke-3 of Record Date: 211612418 9:52 AM ]Ling County, WA _ 20180216000337.003 3. Representations and Warranties of Assignor. Assignor hereby represents and warrants to Assignee that the Membership Interest transferred under this Assignment to Assignee is free and clear of all liens, claims, encumbrances and other restrictions of any kind; that Assignor has full right and legal authority to assign the Membership Interest to Assignee; and that the Mcrnbcrship Interest constitutes Assignor's entire ownership interest in the Company and Assignor has no other equity interests or rights to acquire additional interests in the Company. Assignor covenants to defend its title to the Membership Interest from claims originating prior to the date hereof Assignor further agrees and acknowledges that upon the effectiveness of the transfer of Assignor's entire Membership Jntcrest in the Company to Assignee under this Assignment, Assignor shall withdraw from, cease to be a member of, and have no further rights or interest as a member in the Corn pan y. 4. Execution of ]Documents. Assignor and Assignee each agrees to perform any further acts and execute and deliver any further documents and forms reasonably required or requested by the other, by the Company, or by counsel for either of them or the Company that may be necessary to reflect the transfer to Assignee of all rights, title, and interest in and to Assignor's entire Membership Interest in the Company, and to cooperate with each other for the fulfillment of the terms of this Assignment. 5. Consent to Transfer and Admission of Assignee as Member. The Members hereby approve and consent to the foregoing transfer to Assignee of Assignor's 40% Membership Interest in the Company and, in connection therewith, hereby approve the admission of Assignee as a new member of the Company. 6. Remised Membership Interest ]Percentages. After giving effect to the transfer to Assignee of Assignor's entire Membership Interest in the Company, the members of the Company and their respective Membership Interest percentages are as follows: Narne of Mernber Membership Interest Percentage MELISSA JUNE LU 49.0% K14ANH C. LU AND HOA LU-VO 51.Q°fo 7. Continuation of Company and Other Terms of Operating Agreement, The parties hereby agree that the Company shall continue as a limited liability company under the Act by and between the continuing members and that the Company shall not be dissolved and that its business and operations shall not be liquidated or wound up because of the transfer of Assignor's Membership Interest in the Company to Assignee. Except for the substitution of Assignee for Assignor as a member of the Company, the Operating Agreement shall continue in full force and effect in accordance with its terms, unmodified in any other respect whatsoever. 8, Severabilq and Survival. Each provision of this Assignment is intended to be severable. If any terra or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall, to the greatest extent possible, not affect the legality or validity of 2 Instrument Number: 2018021649HP337 Dncumcnt:A Rec: 579.tN1 P�kge-4 of Record Datc:211612018 9:52 AM Kin County, WA 20180216000337.004 the remainder of this Assignment. All of the terms, representations, warranties, and other provisions of this Assignment shall survive and remain in effect after the date hereof. 9. Successors and Assigns. This Assignment shall bind and inure to the benefit of the transferees, successors, assigns, heirs, beneficiaries, executors, administrators, members, partners, shareholders, agents, employees, and representatives of cash party hereto. 10. Controlling Law. This Assignment has been entered into in the State of Washington, and this Assignment, including any rights, remedies, or obligations provided for hereunder, shall be construed and enforced in accordance with the laws of the Mate of Washington. IN WITNESS WHEREOF, each of the undersigned }parties has duly executed this Assignment, effective as of the day and year first written above, ASSIGNOR "J� e-v� - 1KHATNH C. LU w - 0 a HOA LU-VO ASSIGNEE MELISSA JUN LU a' 1 t DATV DATE . W! DATE Instrument Numher: 2018021649HF337 Documcnt:A Rec: 579AN1 Nkge-5 of Record Date:211612018 9:52 AM Kinty County. A 20180216000337.O05 AeknoswJe[i eenellt Form State of ( ^-- ) )ss.: County of �) On the ! day of in the year efore rue, the undersigned notary public, personally appeared personally known to rno or proved to me on the basis of satisfactory evidence to be the individuals) whose namc(s) is (arc) subscribed to the within instrument and acknowledged to me that hefsbelthey executed the same: in his}hesltheir capacity(ies), and that by hisihnrlthcir signature(s) on the instrument, the iridividual(s), or the person upon behalf of which the individual(s) acted, executed the, instrument. HOWY Fublie Srate 4f W9511inglon Lary Public ROBERT ANTHONY ALVARIZ My CpMMISSION ExPIAES February 22, 20113 Instrument Number: 241841,21649HP337 Dncument:A Rec: S79.tN1 P;Lge-6 of Record Date: 211612418 9:52 A H King Cou nt►•. WA 20180216000337.006 Aeknowl<edeement Form k State of f )ss— Natary Public state of wasninpron DfrY YU HONG tJQUIE County My 11Rpolntmedt Expires Mae 2. 2019 On the II J-� day of in the year, before me, the undersigned notary ptablic, personally appeared t',`,, O , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals) whose narne(s) is (are) subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherltheir capacity(ies), and that by hislherltheir signature(s) on the instrument, the individual(s), or the person upon behalf ofwhich the individuals) acted, executed the irhstr ument. Notary Public,