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DECLAkATION
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' COYENANTS, CONDITI(N�lS, RESTkICT:ONS, AND RESERYATIONS
FOR �
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� v TERHUNE'S KENNYDALE BEACH N1 r
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� A CONOOt4INIUM �
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+ Pursuant to the laws of 1963, Chapter 15G, of the Laws of the State of �
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I o Washington. for the purpose of submitting the real property hereinafter described R
� � to the provisions of said Chapter, the u�dersigned persons being the sole owners
� f� or all of the owners, lessees or possessors of said property. hereby make the
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� � following declaration:
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1. LEGAL DESCRIPT'ON ;
� The land on Nhich the building anu improvertients he��einafter described are �
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in rib d real rn rt� situated in Kin Count
� located is the follow g desc e p pe , g y,
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Washington: �
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Lot 5 and the North 4.6 feet of lot 6, in 61ock 4 of C.D. Hillman's
Lake WAshington Garden of Eden Addition to Seattle No. l. as per plet recorded
in Volune 11 of Plets on page 63, records of King County;
Together witA an �aseeent for ingress and egress over the West 10 ,
f+eet of Lot 4 in Blak 4 of C.D. Hilla�n's Lake Mashinyton Garc;en of Eden
AdQitlon to City of Seattte No. 1. as per plat recorded in Volume 11 of
Pl�ts, on page 63. records of i(in9 Coun�y. Washington. ,
2. OESCRIPTI011 OF BUILuING
� ihere is one residence Duilding W be situated upon the site. Principal
witerial used in the construction of said building is concrete base and Mood frawe
co�struction. The residence Duilding so�talns three residence apart�nen!s.
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�3. DESCRIPTION OF APARThENTS �
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Following is a statement on the name or apartmPnt number of each apartment� �
a statement of its location, approximate area. nunber of roon:s and imnediate
caman area to which it has access, together with other data being necessary for �
its proper identification:
Apa�rtment Nl
N Location: On the lower or first floor, including the entire first ftoor.
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� Approximate area: 1024 square feet.
� Number of Rooms: 6, including one bathroom.
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x' � Immediate Connan
� Area: Concrete steps and walk on the south side of said building.
, ; Apartment M2
� �ocation: On the second and third floor, including approximately the
north one-half of said second and third floor.
Approxlmate area: 1088 square feet.
Number of Rooms: 6, including one and one-half bathrooms.
Irtmediate Camion
Area: Concrete steps and walk on the east side and wooden deck
on the west side of said building.
Apartment 1�3
Location: On the second and third floor. including approximately the
south o�e-half of said second and third floor.
Approximete area: 1088 square feet.
Nunber of Rooms: 6, including one and one-half bathr�ooms.
Iaaiediate Can�on
Area: Concrete steps and Malk on the east sic�e and u�ooden deck
on the west side of said building.
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4. DESCRIPTIi�I OF COMl�ON ARENS AND FACILITIES
The co�nnon areas and facilities consist of:
a. The land above described.
b. The concrete foundations. columns, girders, beams, supports, main
walis (excluding interior partitions of apartments). a�id all other
structural parts and roof of the building..
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c. The roadways and driving areas which provide access to the limited
' common areas for parking and to the apartments.
d. All utilities and water and sewer lines situated outside the limits
; N of the residence apnrtments as described.
� e. All other parts of the property necessary or convenient to its
O exlstence, maintenance, safety and use not otherwise classified
`a herein.
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O 5. DESCRIPTION OF LIMITED COM40N AREAS AND FACILITIES
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~ The limited camwn areas shall consist of those set forth in paragraph number
, three (3) above wherein each apartment has within this description an "imnediate
! common area" the same being incorporated herein, and also the parking spaces assigned
to each apartment as indicated in the survey map and plans, a copy of which is
attached as exhibit 'A'.
6. VAL�IE AND PERCENTAGE OF UNDIVIDED INTEREST IN COMAOIi AREAS
a. The value of the property 1s 5174,850.00.
b. The value of each residence apartment and the percentage of undivided
lnterest in the coamon areas and facilities as pertaining to each
residence apartment and its owners for all purposes including voting
is as folla+s:
APARTf�ENT PERCENTAf� OF
NU�BER YAII� UiDIVI0E0 INTEREST
1 554.950 .31426
2 559,950 •�287
3 f59,950 •342a�
7. 115E
a. The buildirg and each apar�twent therein is intended and restricted
as to use for single fawily di+elli►gs, together ►+ith the carrying on of
the nor�l �anage■ent functions of the Association of AparUsent Owners.
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b. M aparUnent owner shall not place nor cause to be placed 1n the
canxon walkwa�ys or stairways any packages or ob�ects of any k1nd.
Such areas shall be used for no other purpose than for non�el
transit through them, except parking areas and areas speclfically
set aside for storage and other caman purposes.
c. Limited cormon areas shall be for the sole and exclusive use of
the apartment for which they are reserved. `
8. SERVTCE OF PROCESS
Robert C. Terhune, Sr. whose address is Apartment �M1, 3308 Lake Ylashington
Blvd. North, Renton, Washington 98055, is hereby designated as the person to
receive service of procsss in the cases provided in the Laws of 1963, Chnpter 156.
N After organization of the Association of Apartment Gvners, service of process for
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� p the purposes provided in the Act may also be made upon the President of the '�
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4 0 Association. The 8oard of Apartment Owners Association may at any time designate
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� a new or different person or agency for such purposes by filing an amen�nent to
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this Declaration limited to the sole purpose of making such change, and such
" amen�nent need only be signed a,�d acknowledged by the then president of the
Association of Apartment Owners. The Declarant may at any time before the Board
of Apartment Owners Association is organized change such designation by amendment
to the Declaration signed and acknowledged only �y Declarant.
9. DAMAGE AND DESTRUCTION AND RECONSTRUCTION OF THE APARTMENTS
Any decision on the question of whether to rebuild, repair, restore, or sell
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the property in the event of damage or destruction of all or part of the property, �
shall be in accordance with the voting requirements of Section 23, of Laws of 1963,
Chapter 156, as the same now exists or may hereafter be amended.
10. PROCEDURES FOR SUBDIYIDING AND/OR COhBINING
Except as this declaration a�y be amended as providzd for herein, no subdivision
or combination of �Ry apartment u�it or units or of the coamon areas or facilities
or limited co�nacn areas or facilities may be accanplished except by authorization by
the affinwative vote Slx of the owners of the apart�ent units.
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t 11• BY-UWS OF ASSOCIATION OF APARTMENT OIINERS
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� The owners of all apartments (as the term "apartment" is deftned in la�vs of
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. ter 156 in th b din shal
P e u11 1 ado t B Laws for the ad�inlstration ot
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the property or for other purposes not inconsistent with the laws of 1963, Chapter
156. Abninistration of the property shall be by a Board of not less than three
directors. elected from among the apartment owners. By-Laws shall be adopted or t
amended by a ma�ority of the voting power of all owners of apartments in attendance �
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. at a meeting held and called upon written notice, statin9 the time, place and purpose
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of such meeting, personally delivered or mailed to each apartment owner with postage
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°D prepaid, at least ten (10) days in advance of such meeting. The fee owners of the �
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� apartments in this said declaration shall constitute the Association of Apartment
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p Owners.
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� i2. r�aNn+�r AssEssr�rRs
� All apartment owners are obligated to pay monthly assessments imposed by
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the Association of Apartment Owners to meet all common expenses of the property,
which may include premiuns on insurance policies, including but not limited to
liability insurance and property damage insurance to cover loss due to hurricane.
fire. earthquake or other hazard. The assess�nents shall be made �ro rata according
to the percentage of undivided interest� in the cama� areas and facilities owned
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by each aparUnent owner. Such assessments shall include monthly payments to a
general operating reserve and a reserve fund for reptace�nents for ahich provisio�
shall be made in the By-Laws. Assess�aents shall be payable in advance on the first
day of each month, and shall bear interest at the rate of one per cent (1X) per
month, if not paid on or before the lOth day of the wonth for which the same are due.
13. COLLECTION OF ASSESSAENTS
a. Security Deposit
Should an apartwent owner be delinquent in paying his monthly
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� assessments. the Board of Directors of the Assoclation et Apartwent
,. Owners ma�y. in its discretion, require such �naber, fraa ttine to ttiae,
� to make a security deposit not in excess of three months' esti�ted
monthly assessments, which may be collected as are other assesswents.
Such deposit shall be held in a separate fund, credited to such �e�-
ber, and resort may be had thereto at ar�y time when such �ne+nber is
ten (10) days of more delinquent in paying his monthly or other
assessments.
b. Severance of Utilities
� On ten (10) days notice, all utility services to the apartment of an
t owner delinquent in the payment of aRy assessment or security deposit
F inay be forthwith severed and ramain severed until such assessments or
� security deposit be paid.
� G. Non-pre�udice to Other Means of Collection
# cj The remedies herein provided for collection of delirquent assessments
� shall be cumulative, and any attempt at collection by the use of any
� 0 such remeQy shall not prevent the collection of said delinquent assess-
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� p ments by aRy other lawful means.
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� d. Foreclosure of Assessment Lien
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� 1. Attorney's fee and costs
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; In ar�y action to foreclose a lien on arty apartment for non-pa,yment
of delinquent assessments, any �udgment in favor of the Association
of Apartment Owners rendered therein shall include a reasonable
sun for attorneys' fees and all costs and expenses reasonably
incurred in preparation for or in the prosecution ot said action,
in addition to taxable costs permitted by law.
' 2. Rental durin9 foreclosure
Fran the time of canmencement of aRy action to foreclose a lien
, against an apartaient for non-payment of delinquent assessments,
the owner of such apartment shall pay to the Association of
Apart�ent Owners the reasonable rental value of said apartment to
be fixed by the Board of Oirectors �f the Association of Apartment
0►mers, and the plaintiff in any such foreclosure action shatl be
entitled to the appointment of a recniver to collect the same.
' 14. STRUCTURAL M�IFICATIONS
M aparte�ent owner shall not make structural nadifications or alterations in
his apartiaent w�it or in�tallation located therein without previousty notifying
the Assoclation of Aparta�ent Owners in writing through the Managing Agent, if any.
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or through the President of the Board of Directors, if no Managing Agrnt is e�ployed,
� and securing the consent of the Association to such modification or alteration. The
Association shall have the obligation to answer within seven (i) days of such Nritten
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� notice, and failure to do so within such time shall mean that there is no ob�ection
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} to the proposed modification or alteration.
15. RESTRICTION ON CONVEYANCE OF APARTMENTS
a. 0 tp ion �F Association
In the event of any sale, rental, lease or convcyance of an apartment,
after the first conveyance thereof to an apartment owner, the
f Association of Apartment Owners shall have a first option to purchase.
rent or lease the same on the sanie conditions and at the same price
and terms as are offered by said apartment owner to any tM rd person.
+ N Any atten�t to sell, resell, rent, lease or .:onvey any apartment,
' w without prior offer to the Association of Apartment Owners, shall be
�j wholly null and void and shall confer no title, interest or right
� whatsoever upon the intended purchaser, tenant, lessee or grantee.
� � b. Notice to Board
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r' Should any apartment owner desire to sell, rent, lease or convey an
apartment or ar�y portion thereof, he shall, before making or accepting
any offer therefor, and before making any conveyance of the apartment,
give to each member of the Board of Directors, written notice of his
intent to sell, rent, lease or convey such apartment, or any interest
therein, which notice shall contain the terms of the offer he has
received or which he wishes to accept, or the terms of the offer he is
prepared to make. and the name and address of the prospective purchaser,
tenant, or grantee.
c. Exercise of Qption by Board
The Board of Directors shall, within thirty (30) days after receiving
such notice. either consent to the transaction specified in said notice,
or by written notice to such owner designate one or more persons who
are then apartment or+ners, or any other pe�son or persons of satisfac Wry
credit, who are willing, within fifteen (15) days of such designation,
to purchase, lease, rent or accept title upon the same terms and con-
ditions as those specified in such owner's notice. Such owner may,
within said fifteen (15) day period, either accept such new offer, if
made. or withdraw or re�ett the offer specified in his notice to the
Board, as weli as such ne++ offer; but he ma: not rr3ect such nea offer.
if nade, and conti�ue Lo propose or accept the offer. if made. or with-
draw or re,�ect tAe offer specified in his notice to the Board, as well
as such ne�+ offer; but he �ay no*. re3ec+. such ner+ offer, if made, and
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contim�e to propose or accept the offer specltted 1n h1s ortylnal
notiu. Fa11ure of the Board to desl9nate such person or persons
- within sald thirty (30) d�y period, or tailure of such person or
perwns to �ake such an offer Mithin the sa�e flfteen (15) day
period, shall be ded�ed consent by the Associatlo� to tM trans-
action specified in said owner's notice, and he shall be free
thereafter to wake or accept the offer specified in his original
notice, and to sell. lease, rent or convey said tpart�ent or interest
therein pursuant thereto to the prospective purchaser. tenant or
grantee nanied therein, within ninety (90) days after his original
ratice was given, after which such right shall cease.
d. Restrictions on Sub-Leasing
The sub-leasing or sub-renting of an apart�ent or any part thereof
shall be sub3ect to the same li�itations and restrictions as ar�
here�^ �aade applicable to the leasing or rental thereof, and the sawe
� procedures and other provisions of this Paragraph shall apply thereto.
� e. Non-Maive� of Restrictions
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` No aparta�ent owner shatl have any right to sell, lease, sub-lease,
re�t or convey his apart�nent or aRy interest therein, except as
expressly provided herein. The provisio�s, limitations and restrict-
ions of this Paragraph shall not be MaiveE by Lhe Association
� , N notwithstandinq the fact that any aparL■ent onner �aa�y have previously
�p leased. suD-leased. rented or conveyed his apartment or aRy interest
' � therein in co�fonaity with the provisions hereof or otherwise.
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� O 16. MENOPENT OF OECLAf2ATI0N
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�p lhis Declaration may be amended, consistent with the Lars of the State of
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Mashington, appertaining thereW, upon securing the aritten consent of sixty
per cent (60x) of the apart�nent owners; provided, however, that aRy aaiend�ent
altering the value of the property and of each apart�ent and the percentag2 of
undivid� interest in the cawoo areas and facilities shall require the unani�nous
consent of al? the aparisent owners.
The awen�ent shall De reduced to writing and shall contain the certificate
of the Board of Oirectors that the requisite n�wDer of apart�ent owners have
consented thereto, as above set forth. arb shall be acknaw�edyed by the Oirectors.
Such a�end■ent shall Deco�e effective upon t.he recording thereof with the Auditor
of Ki�g County. Washington.
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17. FILE NU�BER OF FLOOR PLANS
The floor plans ot the building referred to hereln were filed Mith the
Auditor of King County. Washington sinultaneously with the recordine ;` this !
� Declaration under File No. '!P�� 7������ and recorded in volu�ne 20 '
� of Condominiu�as, Pages / - %�- on the � � day of -�� - � 1978•
� IN MITNESS I�EREOF, the undersigned have caused this i�strunent to De
t executed th i s ����'� day of �;��c��� , 1978.
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� STATE OF 1�lASHINC•TON, )
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County of King )
On this �(�� day of N��=,(�a , 1978, before �ae. the un6ersigned.
a Notary Publ c n and for the tate o as ngton. duly co�issioned and s+�rorn,
personally appeared Robert C. TerAune, Sr. to we k�orm to De the individual described
in and who executed the foregoing instru�ent for hiwself a�d as attorney in fact of
Judith A. Terhune also therein described, and acknowledged to �e that he sigrpd and
� sealed the sa�ae as his voluntary act and deed ar�d as the free and voluntary act and
deed of the said Judith A. Terh� fo� the uses and purposes therein �entioned, and
� on oath statcd that the povrer of attorney authorizing the execution of this instrument
� has not been revoked and that the said Judith A. Terhune is ncr�vv liviny.�� .
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WITNESS a�y hand and official seal hereto affixed the day and ys�r {�I�Ni '��
certificate above written. r r ,?'o' � �c' A;
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�,i�� -1 /� ' ,.•
� Motary C n �' t� .
Mashington residi i(t .�
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6xhibit A
; TERHUNE'S KENNYDAL� 13EACH N0. 1
, � A CO/VDOMIN/UM
� SECTION 32, TOWNSH/P 2I NORTH, RANCsE 5 EAST, WA�,
KING COUNTY, WASN/NGTON
� DE3CR/PTION aurNowcEa6�wurr
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' A CONIIO��INIUFI
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t � TNIS F1RST Al�iIiNDMF:NT to thc I�eclaration and Covenants,
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.�-� ConJitions� Rcstrictions and Reservations for Terhune's
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� .��> l�ennydale Bea:.h fl , A Condoniin�.um� made on tho date herein-
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� o after set forth� by Declarant � bcing the sole owne� of the t'
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1' property� make� the following amendment to the Declaration
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� � and Covenants� Conditions, Restrictions and Reservations.
� ;= WIIEREAS, Declarant on �tarch 26. 1978, e�ecuted th�
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# J Declaration and Ccvenants, Conditions� Restrictions and
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Reservations �herei.nafter called "Declaration") for said
condominium. On the Gth day of July, 1978, the Declaration -
� was recorded with the Kin� County Departr�ent of Records
and Elections, King Cocrty Recording Number 7807060782.
A'HEREAS, Declarant is desirous of repealing and
supe�ceding Article 6 (b) o� said Declaration.
NOW, THEREFORE� Ueclarant hereby declares:
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That Article 6 (b) of the Declaration of Covenaats.
Conditions� Restrictions and Reservations for Terhune's
l:ennydale Beach �1� dated Atarch 26, 1978, King County
Recordinq l�'o. 7807860782 is repealed in its rntirety and
is superceded in +ts entirety and replaced by the follow-
ing P.rticle 6 (b) :
6. b. The value of each residence apartment und the
percentage of undivided interest in the con:mon
areas and facilities as pertaining to each
residcnce apartment and its ownora for all
purposea includin� voting ia aa follows;
AEt• � Valu� � of Undiv. Int.
31./2d
2 , sS9,9S0. s1.2A�
3 554�950. 3�1.217 '
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I
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tixccpt as aw�lific�l horoin� �ll otlior tor�ns, con-
ditions� covonunts, and rostrictiens of tl�e Dotlaratfon
shall rcmain in full forco and effect.
UATfiD th:s /•� � Jny of JULY� 1978.
DEC��A T:
� .
�' �l� 4� �t-: _���
l �
Robo�rt C. Te une, Srs' ,
�/`� � `� � ', `,, ,
c^ J '� �
q� � r � " .
� Judith A. TerFune, by Robert
v C. Terhune, Sr . � her attorney
� in fact.
O
CJD
N
STATE OF WA..r:I�GTOV)
) ss.
COUh'TY OF KIYG )
On this /�? � day of Jul I978 befor
Y. e me t
� he under-
. .
signed� a Notary ublic in and for the State oi Mashington, �
duly comraisioned and sworn� personally appeared Robert C.
Terhune, Sr. to me known to be the individual des:ribed
in and rrho execu:ed the foregoing instrument for hi�n�elf
snd as attorney in fact of Judith A. Terhune also thcrein
�escribed� and acknowledged to me that he signed and sealed ;
. the same as his voluntary aGt and deed and as the free and
voluntary act and deed of the sai� Judith A. Terhune for I
the uses and purposes therein mentioned� and on oath stited ��
that thc power of attorney authorizing the execution of I
this instruraent has not been revoked and that the said
Judith A. Terhune is now living. a I
MITNESS my hand and official seal heroto affixed the
dar and year in thia certificate above written. .,.
.',
/' ' "�
�'� . . ' � .
• ot�ry Public in and o the
StAte of NlashinQtun residin`
at 'Renton.