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HomeMy WebLinkAboutL_Title_Report_N0717_Office_180810_v1.pdf600 University St., Suite 2424 Seattle, WA 98101 Phone: (206) 628-2822 Fax: (206) 262-6292 27C101 (6/06)ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 22nndd CCOOMMMMIITTMMEENNTT FFOORR TTIITTLLEE IINNSSUURRAANNCCEE Issued by Fidelity National Title Company of Washington, Inc as Agent for Fidelity National Title Insurance Company Fidelity National Title Company of Washington, Inc as agent for Fidelity National Title Insurance Company, a California corporation (“Company”), for a valuable consideration, commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment. This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A by the Company. All liability and obligation under this Commitment shall cease and terminate 6 months after the Effective Date or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the Company. The Company will provide a sample of the policy form upon request. IN WITNESS WHEREOF, Fidelity National Title Company of Washington, Inc as agent for Fidelity National Title Insurance Company has caused its corporate name and seal to be affixed by its duly authorized officers on the date shown in Schedule A. Countersigned by: Warren Samek, Senior Vice President Authorized Signature 27C101A (6/06)1 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Fidelity National Title of Washington, Inc. SCHEDULE A Name and Address of Title Insurance Company: Fidelity National Title of Washington, Inc. 600 University St., Suite 2424 Seattle, WA 98101 Title Officer: Marc Wise Escrow No.: 20374954-416-416 1.Effective Date: November 1, 2017 at 8:00 A.M. 2.Policy or Policies to be issued: ALTA 2006 Extended Owner's Policy - Short Term Rate Proposed Insured:Seco Development, Inc. Amount:$TBD Premium:$TBD Tax:$TBD Total:$TBD Extended Surcharge: Premium:$TBD Tax:$TBD Total:$ 0.00 ALTA 2006 Extended Loan Policy Proposed Insured:Sail Harbor Capital LLC Amount:$262,000,000.00 Premium:$ 0.00 Tax:$ 0.00 Total:$ 0.00 3.The estate or interest in the land described or referred to in this Commitment is: A FEE, as to Parcel A, and AN EASEMENT, as to Parcel B 4.Title to the estate or interest in the land is at the Effective Date vested in: Office at Southport LLC, a Washington Limited Liability Company, formerly known as Southport LLC 5.The land referred to in this Commitment is described as follows: See Exhibit A attached hereto and made a part hereof. File No.: 20374954-416-416 27C101A (6/06)2 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. EXHIBIT A LEGAL DESCRIPTION PARCEL A: LOT B OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA 14-001514, AS RECORDED DECEMBER 23, 2014 AS RECORDING NO. 20141223900010, IN KING COUNTY, WASHINGTON. PARCEL B: EASEMENTS FOR INGRESS, EGRESS AND RAILROAD CROSSINGS AS ESTABLISHED IN RECORDING NOS. 6201855, 6317510, 9902019014 AND 20000131900006, IN KING COUNTY, WASHINGTON. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL MAP File No.: 20374954-416-416 27C101BI (6/06)3 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. SCHEDULE B – SECTION I REQUIREMENTS 1.INSTRUMENTS NECESSARY TO CREATE THE ESTATE OR INTEREST MUST BE PROPERLY EXECUTED, DELIVERED AND DULY FILED FOR THE RECORD. 2.PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED. SCHEDULE B OF THIS POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY. GENERAL EXCEPTIONS A.RIGHTS OR CLAIMS OF PARTIES IN POSSESSION, OR CLAIMING POSSESSION, NOT SHOWN BY THE PUBLIC RECORDS. B.ANY ENCROACHMENT, ENCUMBRANCE, VIOLATION, VARIATION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE AND COMPLETE LAND SURVEY OF THE LAND. C.EASEMENTS, PRESCRIPTIVE RIGHTS, RIGHTS-OF-WAY, LIENS OR ENCUMBRANCES, OR CLAIMS THEREOF, NOT SHOWN BY THE PUBLIC RECORDS. D.ANY LIEN, OR RIGHT TO A LIEN, FOR CONTRIBUTIONS TO EMPLOYEE BENEFIT FUNDS, OR FOR THE STATE WORKERS’ COMPENSATION, OR FOR SERVICES, LABOR, OR MATERIAL HERETOFORE OR HEREAFTER FURNISHED, ALL AS IMPOSED BY LAW, AND NOT SHOWN BY THE PUBLIC RECORDS. E.TAXES OR SPECIAL ASSESSMENTS WHICH ARE NOT YET PAYABLE OR WHICH ARE SHOWN AS EXISTING LIENS BY THE PUBLIC RECORDS. F.ANY LIEN FOR SERVICE, INSTALLATION, CONNECTION, MAINTENANCE, TAP, CAPACITY, OR CONSTRUCTION OR SIMILAR CHARGES FOR SEWER, WATER, ELECTRICITY, NATURAL GAS OR OTHER UTILITIES, OR FOR GARBAGE COLLECTION AND DISPOSAL NOT SHOWN BY THE PUBLIC RECORDS. G.UNPATENTED MINING CLAIMS, AND ALL RIGHTS RELATING THERETO. H.RESERVATIONS AND EXCEPTIONS IN UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF. I.INDIAN TRIBAL CODES OR REGULATION, INDIAN TREATY OR ABORIGINAL RIGHTS, INCLUDING EASEMENT OR EQUITABLE SERVITUDES. J.WATER RIGHTS, CLAIMS OR TITLE TO WATER. K.DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MATTERS, IF ANY, CREATED, FIRST APPEARING IN THE PUBLIC RECORDS, OR ATTACHING SUBSEQUENT TO THE EFFECTIVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. END OF SCHEDULE B – SECTION I File No.: 20374954-416-416 27C101BII (6/06)4 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. SCHEDULE B – SECTION II EXCEPTIONS SCHEDULE B OF THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWING MATTERS UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY: 1.REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% . FOR ALL TRANSACTIONS RECORDED ON OR AFTER JULY 1, 2005: A FEE OF $10.00 WILL BE CHARGED ON ALL EXEMPT TRANSACTIONS; A FEE OF $5.00 WILL BE CHARGED ON ALL TAXABLE TRANSACTIONS IN ADDITION TO THE EXCISE TAX DUE; 2.GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.:082305 9216 YEAR BILLED PAID BALANCE 2017 $68,908.72 $68,908.72 $0.00 TOTAL AMOUNT DUE, NOT INCLUDING INTEREST AND PENALTY: $0.00. LEVY CODE:2100 ASSESSED VALUE LAND:$5,437,700.00 ASSESSED VALUE IMPROVEMENTS:$0.00 3.LIABILITY FOR SEWER TREATMENT CAPACITY CHARGES, IF ANY, AFFECTING CERTAIN AREAS OF KING, PIERCE AND SNOHOMISH COUNTIES. SAID CHARGES COULD APPLY TO PROPERTY CONNECTING TO THE METROPOLITAN SEWERAGE FACILITIES OR RECONNECTING OR CHANGING ITS USE AND/OR STRUCTURE AFTER FEBRUARY 1, 1990. PLEASE CONTACT THE KING COUNTY WASTEWATER TREATMENT DIVISION, CAPACITY CHARGE PROGRAM, FOR FURTHER INFORMATION AT 206-296-1450 OR FAX NO. 206-263-6823 OR EMAIL AT CAPCHARGEESCROW@KINGCOUNTY.GOV * A MAP SHOWING SEWER SERVICE AREA BOUNDARIES AND INCORPORATED AREAS CAN BE FOUND AT: HTTP://YOUR.KINGCOUNTY.GOV/FTP/GIS/WEB/VMC/UTILITIES/SERVAREA_CITIES.PDF UNRECORDED SEWER CAPACITY CHARGES ARE NOT A LIEN ON TITLE TO THE LAND. NOTE: THIS EXCEPTION WILL NOT APPEAR IN THE POLICY TO BE ISSUED. File No.: 20374954-416-416 SCHEDULE B – Section II (Continued) 27C101BII (6/06)5 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 4.AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED:JANUARY 02, 1929 RECORDING NO.:2509355 REGARDING:USE OF HARBOR AREA AS A SLIP FOR WATER CRAFT 5.AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED:JULY 11, 1967 RECORDING NO.:6201855 REGARDING:USE OF EASEMENT GRANTED FOR PUBLIC STREET PURPOSES AND GRADE CROSSING 6.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:THE CITY OF RENTON PURPOSE:RIGHT OF WAY FOR ROADWAY AND RELATED UTILITY PURPOSES AREA AFFECTED:A PORTION OF SAID PREMISES RECORDED:MARCH 14, 1968 RECORDING NO.:6317510 7.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:THE CITY OF RENTON PURPOSE:MAINTENANCE, TESTING AND INSPECTION OF A FIRE MAIN AREA AFFECTED:A PORTION OF SAID PREMISES RECORDED:JULY 26, 1984 RECORDING NO.:8407260401 8.MATTERS DISCLOSED BY SURVEY: RECORDED:FEBRUARY 01, 1999 RECORDING NO.:9902019014 9.COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON FEBRUARY 26, 1999, UNDER Recording No. 9902264177. 10.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:PUGET SOUND ENERGY, INC. PURPOSE:TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED:A PORTION OF SAID PREMISES RECORDED:FEBRUARY 26, 1999 RECORDING NO.:9902264178 File No.: 20374954-416-416 SCHEDULE B – Section II (Continued) 27C101BII (6/06)6 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 11.ALL COVENANTS, CONDITIONS, RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 20000131900006. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 12.DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS IMPOSED BY INSTRUMENT RECORDED ON NOVEMBER 17, 2000, UNDER Recording No. 20001117000535. AND AMENDMENTS THERETO: RECORDED:AUGUST 08, 2016 , JANUARY 18, 2017 AND MAY 17, 2017 RECORDING NOS.:20160808000679, 20170118001806 & 20170517000204 13.TERMS AND CONDITIONS OF “PEDESTRIAN WALKWAY EASEMENT AGREEMENT” IMPOSED BY INSTRUMENT RECORDED ON OCTOBER 21, 2005, UNDER Recording No. 20051021000896. 14.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:THE CITY OF RENTON PURPOSE:STORM DRAINAGE LINES AND MANHOLES AREA AFFECTED:A PORTION OF SAID PREMISES RECORDED:JUNE 30, 2008 RECORDING NO.:20080630002054 15.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:THE CITY OF RENTON PURPOSE:SANITARY SEWER UTILITIES AND UTILITY PIPELINES AREA AFFECTED:A PORTION OF SAID PREMISES RECORDED:JUNE 30, 2008 RECORDING NO.:20080630002055 16.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:THE CITY OF RENTON PURPOSE:WATER LINE UTILITIES AND UTILITY PIPELINES AREA AFFECTED:A PORTION OF SAID PREMISES RECORDED:JUNE 30, 2008 RECORDING NO.:20080630002056 17.TERMS AND CONDITIONS OF “STORM DRAINAGE EASEMENT AGREEMENT” IMPOSED BY INSTRUMENT RECORDED ON FEBRUARY 07, 2013, UNDER Recording No. 20130207001325. File No.: 20374954-416-416 SCHEDULE B – Section II (Continued) 27C101BII (6/06)7 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 18.TERMS AND CONDITIONS OF “ACCESS, LANDSCAPE AND UTILITIES EASEMENT AGREEMENT” IMPOSED BY INSTRUMENT RECORDED ON FEBRUARY 07, 2013, UNDER Recording No. 20130207001327. 19.ALL COVENANTS, CONDITIONS, RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 20141223900010. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 20.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:PUGET SOUND ENERGY, INC. PURPOSE:TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AREA AFFECTED:A PORTION OF SAID PREMISES RECORDED:DECEMBER 31, 2014 RECORDING NO.:20141231000755 21.TERMS AND CONDITIONS OF “TEMPORARY AIRSPACE EASEMENT AGREEMENT” IMPOSED BY INSTRUMENT RECORDED ON FEBRUARY 19, 2015, UNDER Recording No. 20150219000534. 22.TERMS AND CONDITIONS OF “SUPPLEMENTAL PEDESTRIAN WALKWAY EASEMENT AGREEMENT” IMPOSED BY INSTRUMENT RECORDED ON FEBRUARY 08, 2016, UNDER Recording No. 20160208000458. 23.TERMS AND CONDITIONS OF “AGREEMENT AND EASEMENT FOR ELECTRIC SYSTEM” IMPOSED BY INSTRUMENT RECORDED ON AUGUST 25, 2016, UNDER Recording No. 20160825000843. 24.TERMS AND CONDITIONS OF “TEMPORARY AIRSPACE EASEMENT AGREEMENT” IMPOSED BY INSTRUMENT RECORDED ON NOVEMBER 21, 2016, UNDER Recording No. 20161121000143. 25.EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE:PARKING AND ACCESS EASEMENT AREA AFFECTED:A PORTION OF SAID PREMISES RECORDING NO.20170118001805 26.TERMS AND CONDITIONS OF “DECLARATION OF EASEMENTS” IMPOSED BY INSTRUMENT RECORDED ON APRIL 05, 2017, UNDER Recording No. 20170405000702. File No.: 20374954-416-416 SCHEDULE B – Section II (Continued) 27C101BII (6/06)8 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 27.RIGHT OF THE STATE OF WASHINGTON IN AND TO THAT PORTION, IF ANY, OF THE LAND HEREIN DESCRIBED WHICH LIES BELOW THE LINE OF ORDINARY HIGH WATER OF LAKE WASHINGTON. 28.RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 29.ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. 30.DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR:SOUTHPORT, LLC TRUSTEE:FIRST FINANCIAL DIVERSIFIED CORPORATION BENEFICIARY:FIRST SAVINGS BANK NORTHWEST ORIGINAL AMOUNT:$5,000,000.00 DATED:JANUARY 15, 2015 RECORDED:JANUARY 20, 2015 RECORDING NO.:20150120002145 THE DEED OF TRUST WAS MODIFIED BY INSTRUMENTS. RECORDED:JANUARY 11, 2016 AND FEBRUARY 16, 2017 RECORDING NOS.:20160111001224 & 20170216001017 PROVIDING FOR:AMEND TERMS OF NOTE SUBORDINATION OF DEED OF TRUST TO DECLARATION OF EASEMENTS AND THE TERMS AND CONDITIONS THEREOF: BY AGREEMENT DATED:MAY 18, 2017 RECORDED:MAY 19, 2017 RECORDING NO.:20170519000996 THE ABOVE DEED OF TRUST WAS PURPORTEDLY MADE SUBORDINATE TO “DECLARATION OF EASEMENTS” RECORDED UNDER RECORDING NO. 20170405000702, SET FORTH AT PARAGRAPH 26 HEREIN. 31.AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED:JANUARY 18, 2017 RECORDING NO.:20170118001807 REGARDING:SUBORDINATION OF DEED OF TRIST TO PARKING AND ACCESS EASEMENT File No.: 20374954-416-416 SCHEDULE B – Section II (Continued) 27C101BII (6/06)9 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. 32.AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED:JANUARY 18, 2017 RECORDING NO.:20170118001808 REGARDING:SUBORDINATION OF DEED OF TRUST TO EASEMENT IN FIRST AMENDMENT TO COVENANTS, CONDITIONS AND RESTRICTIONS 33.ASSIGNMENT OF RENTS AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR:OFFICE AT SOUTHPORT LLC, A WASHINGTON LIMITED LIABILITY COMPANY, FORMERLY KNOWN AS SOUTHPORT LLC ASSIGNEE:FIRST FINANCIAL NORTHWEST BANK DATED:FEBRUARY 09, 2017 RECORDED:FEBRUARY 16, 2017 RECORDING NO.:20170216001018 34.FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF: SECURED PARTY:FIRST FINANCIAL NORTHWEST BANK DEBTOR:OFFICE AT SOUTHPORT LLC, A WASHINGTON LIMITED LIABILITY COMPANY COVERS:PERSONAL PROPERTY LOCATED ON SAID PREMISES RECORDED:FEBRUARY 16, 2017 RECORDING NO.:20170216001032 35.UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM. 36.MATTERS RELATING TO QUESTIONS OF SURVEY, RIGHTS OF PARTIES IN POSSESSION, AND UNRECORDED LIENS FOR LABOR OR MATERIAL. AN ALTA "AS-BUILT" SURVEY MUST BE FURNISHED TO THIS COMPANY WHICH SHOWS THE LOCATION OF ALL IMPROVEMENTS AND REVEALS ALL ENCROACHMENTS, DRIVEWAYS AND EASEMENTS WHICH ENCUMBER THE PROPERTY. WE WILL REVIEW THE SURVEY AND WILL REPORT THE RESULTS OF THE REVIEW BY SUPPLEMENTAL REPORT. 37.UTILITIES EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE:CITY OF RENTON PURPOSE:PUBLIC UTILITIES AREA AFFECTED:A PORTION OF SAID PREMISES RECORDED:OCTOBER 5, 2017 RECORDING NO.:20171005000929 File No.: 20374954-416-416 SCHEDULE B – Section II (Continued) 27C101BII (6/06)10 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. END OF SCHEDULE B – SECTION II File No.: 20374954-416-416 27C101 Notes (6/06)11 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. NOTES NOTE 1:WE ARE INFORMED THAT OFFICE AT SOUTHPORT LLC IS A LIMITED LIABILITY COMPANY (LLC). A COPY OF THE DUPLICATE ORIGINAL OF THE FILED LLC CERTIFICATE OF FORMATION, THE LLC AGREEMENT, AND ALL SUBSEQUENT MODIFICATIONS OR AMENDMENTS MUST BE SUBMITTED TO THE COMPANY FOR REVIEW. NOTE 2:ANY CONVEYANCE OR MORTGAGE BY OFFICE AT SOUTHPORT LLC, A LIMITED LIABILITY COMPANY (LLC), MUST BE EXECUTED BY ALL THE MEMBERS, OR EVIDENCE SUBMITTED THAT CERTAIN DESIGNATED MEMBERS OR MANAGERS HAVE BEEN AUTHORIZED TO ACT FOR THE LIMITED LIABILITY COMPANY. NOTE 3:THE COMPANY HAS BEEN ASKED TO ISSUE AN OWNER’S POLICY WITHOUT DISCLOSURE OF THE LIABILITY AMOUNT. THIS COMMITMENT SHALL BE EFFECTIVE ONLY WHEN THE AMOUNT OF THE POLICY COMMITTED FOR HAS BEEN INSERTED IN SCHEDULE A HEREOF. THE FORTHCOMING POLICY MUST BE ISSUED IN AN AMOUNT AT LEAST EQUAL TO THE FULL VALUE OF THE ESTATE INSURED IN ACCORDANCE WITH OUR RATING SCHEDULE ON FILE IN THE OFFICE OF THE WASHINGTON STATE INSURANCE COMMISSIONER. THE COMPANY MAY HAVE FURTHER REQUIREMENTS IF THE UNDISCLOSED AMOUNT TO BE INSURED EXCEEDS THE CURRENT ASSESSED VALUATION. NOTE 4:ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, THE PROPOSED INSURED IS SECO DEVELOPMENT, INC.. WE FIND NO PERTINENT MATTERS OF RECORD AGAINST THE NAME(S) OF SAID PARTY(IES). NOTE 5:BASED ON INFORMATION PROVIDED TO THE COMPANY, ON THE DATE OF THIS COMMITMENT IT APPEARS THAT THERE IS LOCATED ON THE LAND: VACANT LAND KNOWN AS: 1101 LAKE WASHINGTON BOULEVARD NORTH RENTON, WA 98056 NOTE 6:IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT " FIDELITY NATIONAL TITLE OF WASHINGTON, INC." MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 7:THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. File No.: 20374954-416-416 NOTES (Continued) 27C101 Notes (6/06)12 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. NOTE 8:THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOT B CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA 14-001514 REC NO. 20141223900010 NOTE 9:IN THE EVENT THAT THE COMMITMENT JACKET IS NOT ATTACHED HERETO, ALL OF THE TERMS, CONDITIONS AND PROVISIONS CONTAINED IN SAID JACKET ARE INCORPORATED HEREIN. THE COMMITMENT JACKET IS AVAILABLE FOR INSPECTION AT ANY COMPANY OFFICE. NOTE 10:THE POLICY(S) OF INSURANCE MAY CONTAIN A CLAUSE PERMITTING ARBITRATION OF CLAIMS AT THE REQUEST OF EITHER THE INSURED OR THE COMPANY. UPON REQUEST, THE COMPANY WILL PROVIDE A COPY OF THIS CLAUSE AND THE ACCOMPANYING ARBITRATION RULES PRIOR TO THE CLOSING OF THE TRANSACTION. NOTE 11:PRIOR TO CLOSING PLEASE CONTACT YOUR TITLE OFFICER FOR CURRENT COURIER AND/OR ACCOMMODATION FEES WHICH MAY BE CHARGED FOR RECORDING RUNS. END OF NOTES 27C101 (6/06)13 ALTA Commitment – 2006 Copyright American Land Title Association. All rights reserved. The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. CONDITIONS 1.The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2.If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions. 3.Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4.This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. 5.The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. You may review a copy of the arbitration rules at <http://www.alta.org/>. FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 3/2/17)Page 1 Order No. 20374954-416-416-MAW FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. This Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information, and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt-out of certain disclosures by following our opt-out procedure set forth at the end of this Privacy Notice. Types of Information Collected. You may provide us with certain personal information about you, like your contact information, address demographic information, social security number (SSN), driver’s license, passport, other government ID numbers and/or financial information. We may also receive browsing information from your Internet browser, computer and/or mobile device if you visit or use our websites or applications. How Information is Collected. We may collect personal information from you via applications, forms, and correspondence we receive from you and others related to our transactions with you. When you visit our websites from your computer or mobile device, we automatically collect and store certain information available to us through your Internet browser or computer equipment to optimize your website experience. Use of Collected Information. We request and use your personal information to provide products and services to you, to improve our products and services, and to communicate with you about these products and services. We may also share your contact information with our affiliates for marketing purposes. When Information Is Disclosed. We may disclose your information to our affiliates and/or nonaffiliated parties providing services for you or us, to law enforcement agencies or governmental authorities, as required by law, and to parties whose interest in title must be determined. Choices With Your Information. Your decision to submit information to us is entirely up to you. You can opt-out of certain disclosure or use of your information or choose to not provide any personal information to us. Information From Children. We do not knowingly collect information from children who are under the age of 13, and our website is not intended to attract children. Privacy Outside the Website. We are not responsible for the privacy practices of third parties, even if our website links to those parties’ websites. International Users. By providing us with your information, you consent to its transfer, processing and storage outside of your country of residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan servicers and, in some cases, their websites collect information on behalf of mortgage loan servicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us or by using our website, you are accepting and agreeing to the terms of this Privacy Notice. Access and Correction; Contact Us. If you desire to contact us regarding this notice or your information, please contact us at privacy@fnf.com or as directed at the end of this Privacy Notice. FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 3/2/17)Page 2 Order No. 20374954-416-416-MAW FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority-owned subsidiary companies providing title insurance, real estate- and loan-related services (collectively, “FNF”, “our” or “we”) respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws. This Privacy Notice is only in effect for Personal Information and Browsing Information collected and/or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the “Website”). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: contact information (e.g., name, address, phone number, email address); demographic information (e.g., date of birth, gender, marital status); social security number (SSN), driver’s license, passport, and other government ID numbers; financial account information; and other personal information needed from you to provide title insurance, real estate- and loan-related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information; browser language and type; domain name system requests; browsing history, such as time spent at a domain, time and date of your visit and number of clicks; http headers, application client and server banners; and operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: applications or other forms we receive from you or your authorized representative; the correspondence you and others send to us; information we receive through the Website; information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and information from consumer or other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. Cookies. When you visit our Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. To improve our products and services. To communicate with you and to inform you about our, our affiliates’ and third parties’ products and services, jointly or independently. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section “Choices With Your Personal Information” to learn how to limit the discretionary disclosure of your Personal Information and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; to our affiliate financial service providers for their use to market their products or services to you; to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 3/2/17)Page 3 Order No. 20374954-416-416-MAW to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and/or Browsing Information when required by law or in the good-faith belief that such disclosure is necessary to: comply with a legal process or applicable laws; enforce this Privacy Notice; investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party; or protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party’s own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benefit of creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and/or Browsing Information that, by law, you cannot limit, include: for our everyday business purposes – to process your transactions, maintain your account(s), to respond to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders, or report to credit bureaus; for our own marketing purposes; for joint marketing with financial companies; and for our affiliates’ everyday business purposes – information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and/or Browsing Information under the following circumstances (“opt-out”): for our affiliates’ everyday business purposes – information about your creditworthiness; and for our affiliates to market to you. To the extent permitted above, you may opt-out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize “do not track” requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934-3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact information: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email: BCPINFO@ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties, except as permitted by Vermont law, such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name, contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website, you affirm that you are over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. FNF is not and cannot be responsible for the privacy practices or the content of any of those other websites. International Users FNF’s headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and/or Browsing Information outside of your country of residence or the European Union for any of the FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1, 2017 Copyright © 2017. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 3/2/17)Page 4 Order No. 20374954-416-416-MAW purposes described in this Privacy Notice. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act For some FNF websites, such as the Customer CareNet (“CCN”), FNF is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: first and last name; property address; user name and password; loan number; social security number - masked upon entry; email address; three security questions and answers; and IP address. The information you submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan servicer. CCN does not share consumer information with third parties, other than (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled “Choices with Your Information” and “Access and Correction.” If you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments to the Privacy Notice will be posted on the Website. Each time you provide information to us, or we receive information about you, following any amendment of this Privacy Notice will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information, or want to opt-out of information sharing with our affiliates for their marketing purposes, please send your requests to privacy@fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Attn: Chief Privacy Officer (888) 934-3354