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LUA-08-150_Misc
Examples of covenants required for subdivision projects under 8 different scenarios. Drainage facility covenant to be Drainage facility covenant to be recorded prior to final recorded prior to single family inspection of the subdivision final inspection. Drainage Facility ---© -D --(Q ~ D :51 ~ a -g: ~ ~ a -/", ~ 0 ~ 0 --... N m : "' CD .... 00 ... N m ... ~ <D .... 00 .. .. .. .. .. .. -~ .. .. .. .. .. .. .. 0 0 0 C 0 0 0 0 0 0 0 0 0 0 ·.:: ·.:: ·.:: ·.:: ·.:: 'C: 'C: ~ ·.:: ·.:: ·~ ·.:: ·.:: ·.:: ·.:: "' "' "' "' "' "' "' "' "' "' "' "' "' C C C C C C C C C C C C C C C OJ OJ OJ s "' "' "' OJ OJ "' t OJ OJ OJ OJ u u u u u u u u u u ' u u u V) V) V) V) V, VI V) V, V) V) V) V) V) Flow control facility X v © 0 Water quality X D .:'; v © • a treatment facility BMPs used for full .:'; dispersion BM Ps used for full 1 X D • infiltration BMPs used for 'i7 Limited infiltration BMps used for a Basic dispersion Rain Garden (C 0 Permeable X • Pavement Rain Water Harvesting Vegetated Roof Reduced X 'v © • a 0 Impervious Surface Native Growth Retention Credit Perforated Pipe 'i /, ·,, ht,:d ;: 1;2: X 'v (C • a . ' L} 0 co'nnectiijfi,,:; ;• .::,"'?' ,:,.' .. -· Scenario description Scenario #1 (X) Flow control facility, water quality treatment facility, full infiltration, permeable pavement, reduce impervious surface are being proposed for stormwater mitigation. Construction of the infiltration devices and permeable pavement will be deferred. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the Flow control facility, water quality treatment facility and reduce impervious surface as part of the subdivision improvements; and one for the infiltration device, permeable pavement and perforated pipe connection perforated pipe connection as part of the building permit review. Scenario #2 (D) Water quality treatment facility and full dispersion are being implemented and constructed as part of the subdivision improvements. Construction of dispersion devices will be deferred. No connection to the City's storm system required. Two covenants are required: one for the water quality treatment facility as part of the subdivision improvements; and one for the dispersion devices as part of the building permit review. •scenario #3 Water quality treatment facility, full dispersion and full infiltration are being implemented (Li) and constructed as part of the subdivision improvements. No connection to the City's Only scenario storm system required. One covenant is required for the water quality treatment facility, where only one dispersion and infiltration devices as part of the building permit review. covenant will be required always ••scenario #4 Flow control facility, water quality treatment facility, limited infiltration and reduced ('ii') impervious surface are being proposed. Construction of infiltration devices will be differed. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the flow control facility, water quality treatment facility, and reduced impervious surface as part of the subdivision improvements; and one for the perforated pipe connection and limited infiltration as part of the building permit review. ••scenario #5 Flow control facility, water quality treatment facility, rain garden and reduced impervious (0) surface are being proposed for stormwater mitigation. Construction of the Rain garden will be differed. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the Flow control facility, water quality treatment facility, and reduced impervious surface as part of the subdivision improvements; and one for the rain garden and perforated pipe connection as part of the building permit review. Scenario #6 (•) Water quality treatment facility and reduced impervious surface are being implemented and constructed as part of the subdivision improvements. Full infiltration and permeable pavement will be constructed with lot improvements. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the Water quality treatment facility and reduced impervious surface; and one for the Full infiltration, permeable pavement and perforated pipe connection as part ofthe building permit review. Scenario #7 (a) Water quality treatment facility, reduced impervious surface and basic dispersion are being implemented and constructed as part of the subdivision improvements. Basic dispersion devices will be constructed with lot improvements. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the Water quality treatment facility and reduced impervious surface; and one for the basic dispersion and perforated pipe connection as part of the building permit review. Scenario #8 ( o) Flow control facility, permeable pavement and reduce impervious surface are being implemented and constructed as part of the subdivision improvements. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the Flow control facility and reduced impervious surface as part of the subdivision improvements; and one for the perforated pipe connection as part of the building permit review. Examples of covenants required for subdivision projects under 8 different scenarios. Drainage facility covenant to be Drainage facility covenant to be recorded prior to final recorded prior to single family inspection of the subdivision final inspection. Drainage Facility -D -~ © --g g_ -~ <Q ~ 0 :::1 I;: a ~ t.::: ~ ~ ~ 0 ~ E. --.-< N m :it u"\ <.C> " co .-< N m ... ~ <.C> " co .. .. .. .. .. .. .. .. .. .. .. .. .. .. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ·;:: ·;:: ·;:: ·;: ·;: ·c: ·;: ·;: ·;:: ·;: ·;: ·;: ·;:: ·;: ·;: "' "' "' "' "' "' "' "' "' "' "' "' "' "' "' C: C: C: C: C: C: C: C: C: C: C: C: C: C: C: .. .. .. .. .. .. .. .. QJ (lJ (lJ (lJ (lJ (lJ .. u u u u u u u u u u .x ~ u u u V) V) V) V) V) V) V) V) V) V) V) V) V) Flow control facility X v © 0 Water quality X D ~ v © • " treatment facility BMPs used for full 6 dispersion BMPs used for full 6 X D • infiltration BMPs used for v Limited infiltration BMps used for " Basic dispersion Rain Garden t 0 Permeable X • Pavement Rain Water Harvesting Vegetated Roof Reduced X v © • " 0 Impervious Surface Native Growth Retention Credit Perforated Pipe ... ·.· . k, X v t • " .· .,s; 0 Connectioii'' '· ·:, , ' A. _: ~ Scenario description Scenario #1 (X) Flow control facility, water quality treatment facility, full infiltration, permeable pavement, reduce impervious surface are being proposed for stormwater mitigation. Construction of the infiltration devices and permeable pavement will be deferred. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the Flow control facility, water quality treatment facility and reduce impervious surface as part of the subdivision improvements; and one for the infiltration device, permeable pavement and perforated pipe connection perforated pipe connection as part ofthe building permit review. Scenario #2 (0) Water quality treatment facility and full dispersion are being implemented and constructed as part of the subdivision improvements. Construction of dispersion devices will be deferred. No connection to the City's storm system required. Two covenants are required: one for the water quality treatment facility as part of the subdivision improvements; and one for the dispersion devices as part of the building permit review. •scenario #3 Water quality treatment facility, full dispersion and full infiltration are being implemented (I',) and constructed as part of the subdivision improvements. No connection to the City's Only scenario storm system required. One covenant is required for the water quality treatment facility, where only one dispersion and infiltration devices as part of the building permit review. covenant will be required always ••scenario #4 Flow control facility, water quality treatment facility, limited infiltration and reduced (17) impervious surface are being proposed. Construction of infiltration devices will be differed. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the flow control facility, water quality treatment facility, and reduced impervious surface as part of the subdivision improvements; and one for the perforated pipe connection and limited infiltration as part of the building permit review. **Scenario #5 Flow control facility, water quality treatment facility, rain garden and reduced impervious (©) surface are being proposed for stormwater mitigation. Construction of the Rain garden will be differed. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the Flow control facility, water quality treatment facility, and reduced impervious surface as part of the subdivision improvements; and one for the rain garden and perforated pipe connection as part of the building permit review. Scenario #6 (+) Water quality treatment facility and reduced impervious surface are being implemented and constructed as part of the subdivision improvements. Full infiltration and permeable pavement will be constructed with lot improvements. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the Water quality treatment facility and reduced impervious surface; and one for the Full infiltration, permeable pavement and perforated pipe connection as part of the building permit review. Scenario #7 (a) Water quality treatment facility, reduced impervious surface and basic dispersion are being implemented and constructed as part of the subdivision improvements. Basic dispersion devices will be constructed with lot improvements. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the Water quality treatment facility and reduced impervious surface; and one for the basic dispersion and perforated pipe connection as part of the building permit review. Scenario #8 ( o) Flow control facility, permeable pavement and reduce impervious surface are being implemented-and constructed as part ofthe subdivision improvements. Connection to the storm system will be via perforated pipe connection as required in the 2009 KCSWDM. Two covenants are required: one for the Flow control facility and reduced impervious surface as part of the subdivision improvements; and one for the perforated pipe connection as part of the building permit review. TO: Talbot Ridge Estates 11711 SE B~ Street, #310 Bellevue, WA 98005 Attn: John 0 1 Neil Ref.# ~ PAClFIC NoR1HWES_I_:~ c.-,,,,!'&'1l' ..rw ... h;ngron, Inc. 215 Columbia Street Seattle, Washington 98104 SUPPLEMENTAL REPORT #1 cc: Core Design email: sjs@coredesigninc.com kws@coredesigninc.com PNWT Order Number: 686504 Owner: Talbot Ridge Estates cc: Development Management Engineers email: Cliff@belmonthomeswa.com The following matters affect the property covered by this order: • A Full Update of the Plat Certificate from December 4, 2008 through May 13, 2009 at 8:00 a.m. has disclosed the following: • The following has been added as paragraph 10: 10. GENERAL AND SPECIAL TAXES AND CHARGES: FIRST HALF DELINQUENT MAY l, IF UNPAID: SECOND HALF DELINQUENT NOVEMBER 1, IF UNPAID: YEAR: 2009 TAX ACCOUNT NUMBER: LEVY CODE: 052205-9045-02 2167 CURRENT ASSESSED VALUE: Land: $1,640,000.00 Improvements: $0.00 AMOUNT BILLED GENERAL TAXES: $17,448.27 SPECIAL DISTRICT: $2.70 $9.99 TOTAL BILLED: $17,460.96 PAID: $0.00 (continued) TOTAL DUE: $17,460.96 r' • SUPPLEMENTAL TITLE REPORT Page 2 Order No. 686504 • The following has been added as paragraph 10: 10. Driveway/Rockery Easement Agreement and the provision and conditions contained therein, recorded April 13, 2009 under Recording Number 20090413000328. • The following has been added as paragraph 11: 11. Building Occupation Easement Agreement and the provision and conditions contained therein, recorded April 13, 2009 under Recording Number 20090413000329. • The following has been added as paragraph 12: 12. Fence Easement Agreement and the provision and conditions contained therein, recorded April 13 1 2009 under Recording Number 20090413000330. • There has been no change in the title to the property covered by this order since December 4, 2008, EXCEPT the matters noted hereinabove. Dated as of May 19, 2009 at 8,00 a.m. MB PACIFIC NORTHWEST TITLE COMPANY By: Dave Maddux Title Officer Phone Number: 206-343-1353 ' . 4'fter Recording Return to: ,TaJbot Ridge Estates, LLC / ! .171 k\SE-8th Street, Suite 310 ,, Bellev~e. WA 98005 . .,,'·•· . .... DOCUMENT Tl'.U,E: i ,·. · ..... REFERENCE 1'(\JMBER(Sf OF, RELATED D()Cl.IMENTS: ,' Additiohal .i'efeb;nce nµin~r(s)or pages .. ,· -· /'·-~:-:- GRANTOR:"•, .. ,,.,.······ GRANTEE: ABBREVIATED LEG.AL DESCRIPTION: Additional legal on page_ 6f1pcurnent··· ASSESSOR'S TAX PARCEL NO(sr• IJttllllJIII JOHN M ONEIL REAS 49 11 PAG1iee1 OF Na . M/1J/ZIN 11:23 KING COUNTY, 11A Fence Easement A ement .,t ACCESS EASEMENi'A~,REEM.f:NT / Tl·IIS FENCE EASEMENT AGREEMENT (the "Agr.eert'lent;') is made ;ind eri'tere<i intojhis C 9 day of /1-/'fl_J L-, 2009, between the.Talbqt Ridgt;Estates, l,LC (Tal~ot) and Jy.tirth·S,:m Nguyen (Nguyen) based upon the folfowjng: . : .. ,· •: .. ·.. -i' RECITALS A. TalboLis tJ* o,Wnefof thatr~al property located in King County, Washington and legiil'ly df\.s'<:iibetj.,friattatihed )::xhibit "A" (Talbot Property). . .,' .. ... •' ·• . · ... , B. Ngu;~·~"fS'i~~ Jwnfr ofthatr~itl property)ocated in King County, Washington and legally descrihedfo attad'ied Exhibit ''B"(Nguyen Property) C. The legal desc;i;t'ftm'a~dtnapare at~acli~<iin E:'liibit "C" ("Fence Easement"). · AGREEMENT IN CONSIDERATION oflhe mutual pro~isfs ar'id cc;i~en:ants•C6~tai1Jed h~rein, and other good and valuable consideration, the receipt atid srifficienci6f \jlll'ic~ ar~ · · hereby acknowledged, the undersigned covenant, stipulate ~nd;agr~e ~s fqllow.s: / I. Grant of Easement to Nguyen. Talbot grants and conveys to Nguyen a perpetual, non-exclusive .. Fence Easement" for the "EXISTING FENCE" over, on, under and across that portion of Talbot's property described in attached Exhibit B. The Easement shall be appurtenant to Nguyen ,,•Property. 2. / Malntenanci Cost{ Ni;1:1yen shall hold Talbot harmless for all costs, /expense~ ~nd liabilitie_s"asso\;ia.ted with the Easement. Nguyen also agrees \tq.•defend, !i1.dem~\f:9"and )lqld/i'albot their successors and assigns from ··:. and \lg'ainit al)cl~lms, li~ns, fosis, liabilities and expenses (including \,.,,. attorney's fe¢s and courtiosts) incurred by or asserted against Talbot or . its successofs ancfassigris.as aJesult of any negligent or wrongful acts of mainti,riarice oriepait orythe.£as,ementor any iqfj,r9vements thereon by Nguyeri dr the.i~ employees, azents, renfors, con\ra¢tors, successors or assigns. Thii."indemnity shall run.wit.h the land and shall inure to the benefit of the owners of any por\i~n 6f T alb pt' s Property . . • ,' •' .. .,,_. .. ;. . }:'< . Severability. The invalidatjon fry,'any co.tirt cif an~ reservition, co:ii~rtlmt, '•,restriction, limitation or agreement 1].erejn cqiitain,ec!'shall intio ~y affect ii)y of the other provisions hereoflind ,the s.am1ts't;ail'r'erilain,' in ,full .force arid effect. · · ·· · ·· R,ins with the Land. The Agreement constifute,s a,cov¢han~ rt1hning with t})e la!).d.!lffecting Nguyen's Property and Talbot\s~i-opert_\/, a11d shall be ,bindi'ng upon and inure to the benefit of the respectivifowiiers; and their succ~SQfS ari,d assigns. · · · · .. 5.:· · Att6rn&'s tees:· If'ahy party brings a legal proceeding to enforce or '.obtil.in·-a de¢1.aratiop of its rights under this Agreement, including any '<l,rbitratior{cJ't action to. e!)force any lien for maintenance costs, the prevailihg part)' in suchleg~l proceajing shall be entitled to recover its reasonablei:osi~,l!,Jld attortiey'.; feei ft'qm the non prevailing party. ST A TEOF WASHtNGTON .• COUNTY OFKINGi y ') .. ·y On this qthdiiyo(• ··~· f , 2,009 befgfe ¢e,}he undersigned, a Notary Public in and for the State ilfo/asliingt{Jn, duly cqinmissi9ncda1;1d sworn pe~onally appeared John O'Neil, to me··kno)'l'n \ri be; orfiaving sh9wn / ;, isatisfaetory evidence of being, the itu.lividu!;lldiscrilied in'ana\vho.,~xeciited•the foregoirig instrument, and acknowlecfgedfo l)fe thilt lie si'gnedthe said/ / instrumerit, on oath stated that he was authorized•to e'xecute·this in§trui11e1.ft and ai:knqwle~ged it as the Managing Member ofT~lbotRitlgeEstatJs, LLC{a .::corpbratibn, to be his free and voluntary act and deed.for tile u~es and pmposes . ther~in nie~!i.m:ied. . ····· ./ i / .. LI ,.~ Print.J:::iam . · Washn:i.gton; q,:s1dmg at My Aj:ipointm'entexpires 1 S :W ·.·.-.,.,/ .::" . ..-.:· ·"' ·:.-. /,STATE OF WASHINGTON '\COUNTY OF KING ) ) ) ss _ , Onth;~-:2.l" <)ay-;(M'IYO'\ , 2009 before me, the undersigned, a Notary Pubtic irf'atjd for tne'State,(if Washington, duly commissioned and sworn person~llyappea!id Miri~ Son Nguyen to me known to be, or having shown saiisfal,'.tCll)' evidertce of b"i:ihg, the ihdfvii;lual described in and who executed the fofegoi;;g in:;trument/arid acknb;lei\g¢ to me that he signed the said insttum_eµt-;' on path litated that he' \\ill~ allthorized to execute this instrument and ackno~iedge,fit tobe a free and yoluritary act and deed for the uses and purposes therein mentk111e<J -· ----- WITNESS my hand and offici~l St,'.alt1erefy, a:flii.M~e day and year in this certificate above written: ·-------· -----. --------~~;k11{_ Notary P_11b,lic in and for the State of Washingtdh, rtjsidtngat t."lfU:1:-tfl'Jt'\ My Appointmei\t_~)(pires I 'kJV'l/1,011., EXHIBIT A L~gtit''c>;s~ription i Tli~ n¢rthJ1aJf·6flrul northwe1:1t quarter of Government Lot 4, Section 5, Township 22 N¢rth;'~ange 5 East, 1/V:M., iiJKing County, Washington; < .EXQEPT $out.he~! 194!"!,Str~ef and 102nd Avenue Southeast; < AL$0 .EXCEPT that pqrtion lylng s6uth pf an existing fence, described as foliowi,: / i. ... i-" ,:·: :> ... //"·:· ,./ ,!''',/ Beginning at point .. on .the We$t line ofsaii:I northwest quarter 33.66 Ft south of northwest"corner·'lhereof{ 0 / . •,-:· Thence soo<22'-25''w a\ong\Nestli'ne o(said northwest quarter 261.46 Ft to existing fence; ·-.-. : · . _, ,.' , . ,,., ...... ,,.· -.,,_ Thence along said fEihce S88"-28'-J5"E 2t5.76 Ft;S88",47'/51 'E 299.07 Ft and S88"-12'-26"E and extens.ic:m thereof J39.20.Ftlo the eai:itlfne of said northwest quarter Government Lot 4, an'd the terminus·· of said liri~. \ ,· . .. . . •' ., . EXHIBIT B Lof22, Hi~Vi¢~ l:,leigfit$,acco~l~gfo thl plat thereof recorded in Volume 79 of Plats/pages7§-thrqugti'76 .. r¢ords gfJ(igg County, Washington. ' , ' ~· ' ' .~·: ·'. ,-.. c0Ri0Es1GN, 1Nc. BELLEVUE WA 98007 .. •' . . -· EXHIBITC LEGAL oescR,PT1di.t( usECiAsEMEl)IT Core Project No: 04120 2/23/09 That portj~n ~(Gqv~rr'.lhler}ft'.~t 4, S~cfioh ~(Township 22 North, Range 5 East, W.M., KingGpt,i.nfy, \11/asl)iiigton describ_e!l at follows: COMMENCING af the/ northwest cbme; of said Government Lot 4; thence S89°26'15"E, along· the north Jine. of iajd·'Goilemment/Lot and the westerly prolongation of the south/line of Lot 22/ Hi-\f'.iew Height~ a6cording to the plat thereof recorded in Volurrie]9 of Plats, page$, 75 through 76, records of said county, 63.07 feet to the POINT OF SEGlNNING.,.bf)heJ1erein described tract; thence ,9ontinu\ng S89°26'15"E, along Si\id . common \)ne,_.-62:5Q feet; thi,mce 870°33'36'.Y'v' 2~.43 feet; thence S79°57'2fr'W .57.07 feet;/thence'N12°46;!\2':W 19.0;f feet to the POINT OF BEGINNING;_ _.,.• / / '>,/"• -\ / / . . .. , ,,• . ' .. ~ Cgntail)l; 873+it square feet (0.0020 +/-acres.) N:\2004104120\Legal\04120L07 Building FENCE Occupation Easement.doc .. 31 6 N89"26'15"W 63.07 TALBOT RIDGE ESTATES USE EASEMENT EXHIBIT EXHIBITC i~)' .·.·. ,fil-,\'1EW' 1£1GHTS "VOL'79,fG'S. 7~76 UNPLATIED PAGE .. ·.•· 10F1 coif ~DESIGN 1471 I NE" 29th Plac•, #101 8.Zlewe, Wcshlnaton 98007 425,885.7877 Fax '42$.885.7963 ENGINEERING· P!ANNING · SURVEYING JOB NO. 04'120 \ \ \ 23 \ / _\L__ J\fter Recording Return to: )falbot Ridge Estates, LLC U 71 {SE8th Street, Suite 310 Bellevue, W.A 98005 ... DOCIJMENt TIT.LE: i ... \ J{EFJ.;RENCE NUMBER{S)" OE · REI;;A TEO D()CUMEN1:.S: . 1111111111111111 20090413000328 JOHN W ONEIL REAS 49.88 PAGE891 OF eea 04/13/21118 11:23 KING COUNTY, WA Easement A reement Additi"onal )-efei:eni:e mimbfr(s) Qll pages .cL :6f\')ocument .. ./ •' ,•·.,,,. ::' •' ,· / GRANTOR!·-.... , .... GRANTEE: ABBREVIATED LEGAL DESCRIPTION: ,.Portion OfNW;Qtt:.Govt Lot 4 In NW Qtr Str 05-22-05 ii .. Additional legal on page_ M~pcument· ASSESSO:R'S TAX PARCEL NO S / ACCESS EASEME~T~G,R.EEMt~;·· . TBISDRl'VEWA Y/ROCKERY EASEMENT AGR.l'lEMENT ((he '.'Ag~ement") i~madciandkntered into this Cf day of fl?(l,1<-, 2009;·b¢lw\"enJheJalbot Ridge Estates, LLC.ff'alb9t) and Minh Son Nguyen (Nguyen) based l,ipo~ th«, .. following: ,. ,· ,: .. .-.:· ··. ;: . RECITALS ·J... Talbot\s th~ ow"neiofthat r~al property located in King County, Washington and legally dl:)Sqfibe<j.iil atta«;hed J:'.xhibit "A" (Talbot Property). B. Ngu;;,n"is"t~~ 6wnt;oft~;l~e;;; pripcrfy)ocated in King County, Washington and legally desii::ribi::d h1 atta9hed Exhibit '!B''.,.(Nguyen Property) C. The legal descr:;tiorra~d,aparcjj~;ach~\l;n E(hihit"C" ("Driveway/Rockery Easement;').-' · · AGREEM~NT .. / IN CONSIDERATION of the mutual prmriis~s apd c\i'venl\nts~ontaipe\'! h~rein. and other good and valuable consideration, the receipt ari<J ~iiffi,;1ien\iy''ofw6"ic$ an{ " · hereby acknowledged, the undersigned covenant, stipulate 'andigr<1e as fi;l'llo\vs: / l. Grant of Easement to Nguyen. Talbot grants and conveys to Nguyen a perpetual, non-exclusive "Driveway/Rockery Easement" for the "EXISTING DRIVEWAY AND ROCKERY" over, on, under and across that portion of Talbot's property described in attached Exhibit B. The .-·loa~ement shall be..1/ppurtenant to Nguyen Property. . ' ,.-···· . 2 .. / M~tnteriaqfi Co$ts'. Ng)Jyen shall hold Talbot hannless for all costs, / expfoses and liabilitie_s'assoi;iated with the Easement. Nguyen also agrees :, itcydefetid,indemri\ty·and,.hl,ildTalbot their successors and assigns from ·•. ind ~ain~t all'clafms, liel)S, fo,ssJs, liabilities and expenses (including ··.,.,,~1;teiney;s fefs an4courtctost~)'1ncurred by or asserted against Talbot or its suc.¢ess9fs and' assjgris tis ai-esult of any negligent or wrongful acts of maintenaryte or.,fepait onthe Ea~ement.or any iippr9vements thereon by Nguyen dr the,ir employees, agents, renters, coritraetors, successors or assigns. Thii).ndemniiy shall ruq.With th¢ land arid shall inure to the benefit of the oWher$ ofanx poryion dfTiilbdt's.Property. J' , . Severability. The invalidation hy'iiny c9urt 9f ank,re,.~e..i:va'tipn, cq.~~i\iint, 0 .restriction, limitation or agreement here.in contained·shall in 'no way affect a'riy or the other provisions her~orii~d.fhe ~art\e·;h~H refuain'in full(orce ~e~t. '· · · · · Runs with the Land. The Agreement constitUti;~. a,cov¢riarit ruhning with t])e l<\rnh1ffecting Nguyen's Property and Talbot's Pr,opbty, and shall be .bi!!d1ng upil!) and inure to the benefit of the respectiv{o\!/flers; and their · s,6cce~sors aiid assigns. · · :: _., :, .. . . ··s·· / ~td~nei's tee{.Jfanyparty brings a legal proceeding to enforce or iobtain·'a de,d1iratiqn9f iis rights under this Agreement, including any i\rbitratic;u'l or acdon tq etlfoice·ijny lien for maintenance costs, the pi~vaiUhg part:{ in sucfdegal pfoceeding shall be entitled to recover its reasonable'.costs,.ang attorney's fees from the non prevailing party. DATED thi~ ·,/:l· day of f±Pfi/l. /20()9 ST A TE OF WASIHNGtON COUNTY OFktNG/ On this 1:3::_ cby~f-YYlP.Yr.h, 2()69 b~fQ[e lli~,the undersigned, a Notary Public in and for the State ofW~shingtbn, duly coinmi~si9nedanji sworn ;• _ pttspnally appeared John O'Neil, io me lllio"Yfl ~o be/or ~vip~ sho~n / i /satisfactory evidence of being, the incljvidlll)J' d¢scri_bed i.nirid 'YhO ~xec,µtediihe ... foregoing instrument, and acknowledged'fo ri:ie thJ!t JJlsigned'the ~aid/ / · in$lfumerit, on oath stated that he was authori~edfo exec1-1te·this instrutnetit and "tkn~le4ged it as the Managing Member ofT~lbofRidgeE~tat¢;, J'.Lc;{a ,.Corporati~n, to be his free and voluntary act and deed foLtl:\e ~s ind purposes -.--· therdn qie~tjone1: · .-· ·· , /.)VITl'jJ',$1, my hand and official seal hereto affixed the da~·arid year in this < . :~!}ific;ite ij.bov{ wtj"tte~,_ .... < ).STATE OF W ASHJNGTON 'COUNTY OF KING . ·""··., ) ) ) ss 00 01JJhisll, <;ii'iy~lffi'IY!l\ , 2009 before me, the undersigned, a Notary Public itf and fot t!ie''Sta\J: o'f Wa§hington, duly commissioned and sworn person~lly.iipp¢atfd Mirt11 S01l"Ng1i'yen to me known to be, or having shown saiisf~tqty eyiderice {)f l'l°leirig, tl)ft)h<,iividual described in and who executed the for~going iQStru)rient/aii4 acknb}Vledgit to me that he signed the said instrunwn(on .oath statecl'that he° was, authorized to execute this instrument and ackno;ledged it to'be a free artdvoluritary act and deed for the uses and purposes therein mentiorie~f: ' ·· ·· ·. · WITNESS myl)al)d a11d ofiici'J S\;a:fh,ereio a(fi;~ithe day and year in this certificate above writteii: · · · · ·· ............ , .. ,~~ ... -.\. ~~~fue i"ft<ti!\ L-~cJ,<t" .. Notary Public µi a!)dforthe,State of Washington, residing a:i ~evth: ) WP.. My Appointment !rl>PiJeS A 1,f 1-'lj :2,01'1- EXHIBIT A Legal Dei;cription ,,,·.,. . •· Tlie nbrthhalfoflhe northwestquarter of Government Lot 4, Section 5, Township .. ?-2 Nert~; Range.5 East, 1/1/'.'M., ipi King County, Washington; \ .. ;i::XCEPTSoutfieast t92""'Str,eei and .. J02nd Avenue Southeast; > ALSO EXCEiPT that/Pflrtion lyjng south <>fan existing fence, described as foli6ws: :'. ·:.,, .... /· ,.a ..... · ., .. ,/. ·•••· • .-, .... · i ·· .,. Beginning at point.·bn.fhe yiiest line o(sakl 1:forthwest quarter 33.66 Ft south of northwesfcor[le{Thereo( ,C .. ' ,i .· Thence S00°-22·-2r·w along·west line ofsaid northwest quarter 261.46 Ft to existing fence; · ,·· . ,. · ... · .··· .. .. .. , . · • Thence along said ferice $88°s28'c15"E 215. 76 Ft; S88°47i51'E 299.07 Ft and S88° -12'-26"E and extension thereofj ~9.29.f'l)o tfye eas/line of said northwest quarter Government Lot 4, and the terminllil of said line .. o' EXHIBIT B .•.•. · Lo(22/Hi-Vi~w pleight(accotpingfoth¢ plat thereof recorded in Volume 79 of Plciiis;' pages\7,!fthr9ugh 76rEiic;oi'ds oCKirig County, Washington. -· .,' :; ::::,,: _.:-:: -:\: ... /' ,COREDJ:SIGN, INC. i BEL.LEVUE WA 98007 EXHIBITC Core Project No: 04120 10/3/08 "~ ,. -~· LEGALDESCRIPTIO~: ROCKERY.~QRIVEWAY EASEMENT .. •' .. .. .:.-;: ···:,,, ;· ,' .-•' Th~t portiori tit G~ernrrnefit'\,:i:>t 4, $.,;cti6n f,, Township 22 North, Range 5 East, W.M., King Cou,ify, Wast)ingtqn descii9edas follows: ··-,,,~····' COMMENCING at' th6 northw~,t cornir oLsaid Govern.men! Lot 4; thence S89'26'15"E, alorigJt\e north line of ~-Go<iemme~ lot and the westerly prolongation of the south' line of .lot ,22; Hi-V,ew j-leigtits ilccording to the plat thereof recorded in Volume ,79 bf Plats, page~ 75 through 76, records of said· county, 9.64 feet to the POINT OF 81::GJNNING,;.oLthe/herein described tract; thence continuing S89'26'15"E, <'!long s.!l.id ,.comm~n Uhe"···1]".iltlfeet; t~eqce S1':f17;'00"W 8.00 feet; thence S50'15'00'W'15:5Q feet; thenqe Sl/3°$4'15'\'.l,I 9;55 feet to the·west line of said GovemmeriL.Lot 4,.an¢ the soythi'iiist~rly rightcof,way margin of SE 192"d Street; thence N0021'2Q~E. •along saia·· west fine/and soµthea,!iterly margin, 3.90 feet to a nonradia(ifl~rs~ctionwith if t87.QO-foot radius :,'curve !o the left the center of which bears 'N54"00'47".W; .,thence portheasterly, ~ong said curve and southeasterly margin, thrq1,1gh/a ~ntral angle .bf O!'l'26'2e'', a ~istance of 17.76 feet to the POINT OF BEGiNNING. . .. Con\f,!ins 25!it/:.'square feet (0.0059+/-acres.) ·., .. , ... _.,,~.,······ N:'2004104!20\Legal\04120L06 Rockery-Drive Easement.doc EXHIBITC 22 HI-VIEW HEIGHTS VOL 79, PG'S. 75-76 R=187.00 ,'p05"26'26" l=17.76 TAU!OT RIDGE ESJATES DRIVEWAY/ IIOCMERY EASEMENT EXHIBIT coi1 ~DESIGN 1471J NE29tftPlaat1 #101 &.~W~98007 425.885.7877 ND 425.885.7963 ENGINEERING , Pi.ANNING · SURVEYING JOB NO. 04"1.20 After Recording Return to: ,TaJb'otRidge Estates, LLC / 11"71 k'SE·8th Street, Suite 310 . flellev~e, WA 98005 .. .,,•.,,. .. ''·., DOCUMENT TITliE: .. REFER.El'IICE/NUMBER(S) OF.: RELAtEI) DOCUM~N1'S: ,,· 1111111111111111 20090413000329 JOHN W ONEIL RIAS 41.ee PAGHlt OF eea 94/13/211119 tt:23 KING COI.IITY, WA Additional r'l;:ference,ri'umber(~) oilpages j__\1f,document -~ ~ ~ ; ',, . . •;, GRANTOR: GRANTEE: ABBREVIATED LEGAL DESCRIPTION: Additional legal on page _ of document ASSESSOR'S TAX PARCEL NO(S. . Portion QfNW.Q~f Govt Lot 4 In NW Qtr Stf05-22s05, 05220590445 . . ' ,, ACCESS EASEMENT AdkEEl\'(EN}' .) .. / ·tHISBUILDING OCCUPATION EASEMENT AGREEMENT(the .,· /'Agreement") is'm,ade'lln~ entered into this 5 day of A:P&t,1Li ; 20()9, between ./ the Talbot Riclge•Estates, [;LC (Talbot) and Minh Son Nguyen (Nguyen) based upon the ·. fqllowing: ·· " ·. ·. · " RECITALS A. Talbot is t~1:"~Jnef6;tha1Ical•projierty located in King County, Washington and legally described in attac!:ied E'.xhibh'.'A" (Talbot Property). .. ·. ,. .-·. B. Nguyen is the ri'w11er o(tha(reaipropertylot~;elJ in King County, Washington and legally describetl'in attach¢d E.*,hibit "Jl" (Nguyi.,n Property) ',•,,,• C. The legal description and map ~re atiadied j11 E.>ihibit "C" (''.Building Occupation Easement") · · · ........ · ·> ..... ,.,iE~~~~::~~iU)RE1) AGREEMENT ,· /)N CONSIDERATION of the mutual promises and covenants contained herein ,i'nd other good and valuable consideration, the receipt and sufficiency of which are : hereby,ackribwledged, the undersigned covenant, stipulate and agree as follows: . ., .: ..... , ...... / I.·' . Grant rif Easwieni to Nguyen. Talbot grants and conveys to Nguyen a J*rpetual, rfoh-ex,Fl\isive '..'.!_3uilding Occupation Easement" for the ,'''E:1(1SU:t'{G BUfLDI)',IG OQCUPATION" over, on, under and across that portioq of :falbot,)tprbperty'd¢s<:dbed in attached Exhibit B. The ·Easeµfon\shaJibt{~ppurtcpartt,t<iNguyen Property. 2. "iwainte~ante Co/its .. Nguyen§hall hold Talbot harmless for all costs, expen·s\!l, ahd 1ic1bilities assocfate..dwith.the Easeri\~t. Nguyen also agrees to deferid'; indemnify and hold Talbot tlieir suc~ss,brs and assigns from and against aliclaiins{lien( Josses;l4tbilftie5:·a.-i:a expenses (including attorney's fees iiitd cpurtco~ts) iricurretl,by /§r asserted against Talbot or its successors and assigps a$ a f\!SU_]_t of an¥neitfig91fo'i' \\11;0DgfuJ a_c~ of maintenance or repair on the. Easehien,t oranr·impj;pv_~ir.eni~ ther~pn {fy ,]'Jguyen or their employees, agfntS,J¢ntr:rs, cony:11E(~rs, .~uc~sso,rs of assigns. This indemnity shall ruii'withcthe fan1fand sh'iill inure to the be~efit of the owners of any portion ofT11lbofs PropeJty. / · ' Sejerability. The invalidation by any court otany.r:ese~ation, tovcnant, r~tri<;tio.n, limitation or agreement herein contained~ha'il in no·way affect anyrifthe6therprovisions hereof and the same shall rem4in iii full force and effect. . ,' . ' .,···· •:, ' · · ·4:·· .Rua·~ wi';h 4e.L~~d. The Agreement constitutes a covenant running with :the iantl affecting !',!guyen's l'rnperty and Talbot's Property, and shall be b,inding upbn amfimfre to the b(,nefit of the respective owners, and their sJtcess&s ~nd assigns. " ./ : ,:'• ,', 5. Attorney's Fees. Ifany,party brjrigs a lt;g~I proceeding to enforce or obtain a declaratioft·()f iis rights tinder this Agreelljent, including any arbitration or action to enforce·any lienfor.m;1inten\l,PCe. costs, the prevailing party in such Jeg<1l:pro<;eedlng .$half be e~titledJo recover its reasonable costs and altorney's f~es fron;i the .. iio11:pfllvailing party. ·· .. •' ·. •' -· ,• •. ,, .. -··""···=· DA TED this ____-=J__ day of ~ \11,/l., 2009., ,..,,. .. ST A TE OF WASHINGTON i .• COUNTY O;t<lNG /i / ) ..-·ss . .. i· ~ po.A-. I certify that I kribw,or ha\esatisfactdryevidenqe the John O'Neil is the pf;rnon who appeared before 111¢, arid sa.id persori #kndwl!Jdged tpat he sig9~d this iJ'.IStrument, on oath stated that he Wlli'fau\horized to ex.ecute tnl$ instn/inept /and ac~owledged it as the Managirig,Merrib~~bfT~lbot Ridge Est~es, ,tic;£ a Coq,oratl<;m, to be the free and voluntary·a~t \if sud, part)iJorlhe us~s Jtrid / pµrpbses {hentioned in this instrument. · /,STA TE OF WASHINGTON COUNTY OF KING ,. ' .... ,,, ... ) ) ) ss . /I ~~i~;1hat) lfu~;gr have satisfactory evidence the Minh Son Nguyen is tlie:person ~ho /ippdredJiefore 111\!,and said person acknowledged that he signed thi~ in$'irum'ent;'on oath iit11t~c!that h.e was authorized to execute this instrument / arjij aciknmvle!ifge~'it to b(ii free ,and vbi\.Jntary act for the uses and purposes mentioned in'ihis instturnfnt. ' ' ' DATE!) ~t.\f&\ 'pt •· , 2009 i ~mt Nani.:: 111i100i,Wlttci:i if •·. Nbtary Public inJmt.f6ttht;. State of .,, ·•· ... Wilshingt?,n: re.$1di~ .. a~. ~"~Ye:\:.\: /1'.~ f\'.lr..~ppq1ntm¢nt.e.11p1Te.~ l'vj y'f jj.o\1'.- EXHIBIT A /.Leg,f De~cription The l]Ortl)h~tftifthe northwe_i;;t quarter of Government Lot 4, Section 5, Township 22 North, Range 5 East, vy:ii.-1.: in King County, Washington; ,· iEXCEPT,Southi!!ast :192"~ Str.e!'it and 102"d Avenue Southeast; ./ ALS0EXCEi1PT thatp~rtion iyingso~ih,ofan existing fence, described as follows: ' . · ·, ,· '° Beginning af1)6infbn,the we~ line 6(. ;a\q northwest quarter 33.66 Ft south of northwestcorner''rhereot > / i ··· Thence soo•:::22·-2;Jiw .I,~ng'westlh1e olsaid northwest quarter 261.46 Ft to existing fence; . . .. · . · .·· .. .· .. ...... .. . ..· · _. Thence along said fE'irice S88°-2s·~1 snE ?15.76 F(S88°£47(51'E 299.07 Ft and S88° -12'-26"E and extension thereofJ 39.20-Ffto the eastline of said northwest quarter Government Lot 4, arid t.he termin4s of said Hn'e. / EXHIBIT B , .. Lo(22/HiLVi~w tf~ighti{accofgingto the•plat thereof recorded in Volume 79 of Plats/pages t5·'ihrqiJgh 76 reccirds of l<iri{County, Washington. .. ·' ;; .,··,,,,;-... -.•· ;-.-. . ,·· ''=··~;;,,,,,v,•'" ./ .'.::··,:. i66R~:DES1GN, INC. ,/ $ELLEVUE WA 98007 Core Project No: 04120 03/11/09 ~i~~1r°:sck1~f10N :{'3u:~,~''..f:IG 6cclJ~ATION EASEMENT That portio~ ofJ3oternrnenf Lo(4, Se¢tidh { Township 22 North, Range 5 East, W.M,, King County, 1/Yashjngtoo'desctibed ~ follows: COMMENCING at the' northwest corn.er.of said Goveri\mint Lot 4; thence S89°26'15"E, along the mirth line of /said Governrtien(loi and the westerly prolongation of Lot 22, Hi-View Hs)ights ,,iccoi~ing to th~ pfi!lt thereof recorded in Volume 79 of Plats, pages 75 through 76, r!)cords d'f said coupty, J 22. 72 feet to the POINT, OF BEGINNING of the herein.described tract;''thendt continding S89°26'.,15"E;0 <1long said common line, 34:J3 feet;)hence_S78'4q}1·8:.yv 34.41/feE}i; thencE}N04°40'0!J"W 7.06 feet to the POINT·OFHEGINN1N\.<,:"'•" . -' ConJilinsA21f/-square feet (0.0028 +/-acres,) N:\2004\04120\Legal\4 l20L09 Building Occupation Easement.doc .. .. 22 ,,/' HI-Vl~W HEIGHTS VOL.:'79, PG'S:· ·75-76 .,. •' •."···:. •' .;-:·/_::·..-:<· .. ':;,. \ 23 \ / 31 32 !~sn£.1s'w N. LIN~ ~vi1/4{Ec. ~-~22-s 6 ... ,. .. . ..... , .. "-122. 72 i ·.· , .. , . .. .· POBcJ .·· --{ N94'4/)'05"W _/ " 7.,06 ,' B~;LDI~~ o~u;l~o~ ... " ,,. EASEMENT . ...- ... ··121.±S.f UNPLATTED TALBOT RIDGE ESTATES BUILDING OCCUPATION EASEMENT EXHIBITC PAGE' . ·:1ot1 .:" coif ~DESIGN 14711 NE 29th Plcm,, #101 B,11/le-, Wcuhfngtc,n 98007 425,885.7871 Fax 425,885.7963 ENGINEERING, PLANNING· SURVEYING JOB NO. 04"'120 ·····'''""'······ SCALE: 1" = 20' 0 19' 20' I ~ I / 24 TALBOT RIDGE ESTATES A PORTION OF GOV'T LOT 4, (THE NW 1/4 OF THE NW 1/4). Lu M f'-/5?2xx-xxx-w / / I I SECTION 5, TOWNSHIP 22 NORTI-', RANGE 5 EAST, W.M .. CITY OF RENTON, KING COUNTY, WASHINGTON I " " / 4 <(,Jf<LJ ,·ct!"'.•m •(»ll!U(NJ<Ha 'nllU' Y CO\OI< 1 I NO O.'i. ,c~( DO,•HNOQ~l' \ / r--~l.CC COO,;,,·/ ,, ~" ' \ :~-'' .;;o:\' , "'\~ \..-I ;'.:' I\ ~ '~Ci' L:sf ,\ ;-Fc<Jl,()1//'R(l•• .. IH I / "JUlO'II r.A<nc "" $"MP£S , ;/ "/1'.«i,HPl~EN"Ollfq,)P. , jll ~ \ -,' ut<E F(N,:( Cl)'! IS;; ~ i'I ~ 1 I, I 391~1! ~ ,-fTNC[ CU' >SJ' I "l»-~OP LI-C N. _l,_!Nf;.NW l~C ~-l~-5 ----1 _____ __:,,'...'L _1. __ 1 -r---=----=---~P-=-r-=-_:=.:..::,!~~, Ll"l'M{.[COR Sl~S L;'P'JULIHEEA'il.•ENT l':::J -~-15Ptal h !! '5-., '!) OCC!< Cill' r.\ If S ~EC HC 5f73M1 I ii ™""'ol: .ci/ ,;.$ :;l Of "!'ill' ct<C :;,: 13 I (AS[M[NT :: :2 '15.1± sr (7 J\,ti I I SE~,;;IE;;, ,l ;!..::!:f ti" ~ ~A (..V '1. <:s. '!; [-, ·6di 'F E•~rn, ,u :;; '" -,..., ~,!,9 "'i.,,-: @]) H<Jrtt SHT 1 i --,o· ocwsi ~Alts E•SE"!:HT Sff l>(TJ:: ,~ o><r, a~i:o,~·~ ss,7 4 + ;).ioo 11 9·10·,s·w nou, " " Hl-\/i(W HEIGHTS ~Ol 79. PG'S. 75-76 --~~: " ...'._•:.!)85, -,~oo_--====---._ S.E. 192111 ST. ~:~---1:1;·~~r~, ~ !03.!J ~-v t:' ,-c"i ---•• -,, ·g --;;-;,t---··· >o.1o1t sr ( 8;; ·,;.i ,~ ~.2soo, -, ~,,., ,z \ V 1,,!9))~1" ,,.,_~ 1i~ ~ ~00 ,, '°" '-"}lizt"), C 10,:-J I -,o SC•'>ll·\ "\I @i j{fE~,!T~ .\ ,: '--~--- ('71,.J) / :,,_l' f~.;; \ I~ A~A I 0 ,w,1n,rw ,,_;:"',,/>'1'~ ,.,--'} 7 Nllf~~ ~):; : '"1 I OOoo ' C (§;:, I 81 "'--"' I r IC6u,r 21 I ; ___ I -~---,~.~'~,"·.,~I- P,,s,..-, !. •/."t"' "-""{) :f .,,, J(.(~, ... -11:• '"h:U,7 mm' I l! o n ,1 I Pf>Vl [ ~OC[SS. I c F c, -·=-~' -,,,,'i':',:.;'~,;::,~.v -' '-' I ,D"T t ~,rt(_.,,-, __ ,,_ ~ --, s s ·-~; ' ~if ~~ ~· .., ~~ : 8 f ~ z " ·~ ,~ TRACT 0 <i!'.';',<,F RECl!EAT!ON/STORM OETENTION. IU IEllCl,JlOM. ~T. ;! /-f[Ol((I\VI' W (Jf P~LJ' .1e( ,-;;.":;.'~~, ·~ I I ' 'I' ~ ,; , 0 cl 'I ,,,, I ;L ' ' I I ""' '/ / " o-e·,:: .. • ({: ,lT~_,., ':"t~~ ii?!.~''frf'J ft/ " _ , -~ tol1L1 : __ ,aJL<f'~; , " ii' ;i;,~- ,"<1.JJ':.11~ 1, 15o .~u•l~OC·' ' .l.\:i& 5oOO-·, 6SH ' _:__IQ.(~ 1 i~ • W ~~ t.::~;-5i·.-~ ~ ~llJA DEOICATm~OCTH[P~BUC • II P0t ~ n s ...e__ I " f'OR ROAD PU~OSEs UPON "' SI"[ NOIE_< 1 .\ • -" zs:;. 7 y:}; -2.:_W~ TH( RECOll!lrNC Of THIS ?LAT '?? /(21//?:,,\ :~ ,,,,oo! ,--ioc =, C ! • <10" -.-----------~-- ~~ ,,{"s.:j rr,._5,Wll" I \-...1.~·~ 1-l<Joc:_ _____ so~--. _______ ' ! ~O~-~ JO~ ·•m:}~" "'· -'.~ i-~~.;Jlj '--t;_i\:i•/ '--JE':ri:1 {rtl/3 //% ,o·w111J:1 \.1o·PoE ---;•1\00 \ L•9~ /.-"lk, l>tll "( /C, EA<.!.'8<1{TYP) SCESOJ[t ll-89U5151 {C,0-Z...f ;f,, a i, ~ ja '.ii; ~' ~' .j(f/ /jj{:A:tj • 9, I~:.,; ~:sr ~ <I05±51" ~~ mhsr i"' .,11;<;" ~.i ..,,',If !::~ \::ii 2 ,,; 1 :;,)'{ '~'" 1:·:c•:n••ri:•-J",--@D ~ @p ~"" q,,-, 'ill :,! w;.:,r ~ <-'17St51" I_ ~ fA~(M[ST >EE NOfl: r ..... ~a I '=' (@) @) I :; 1 '"') I I,, '""''O~ FD>C.(C(IP r; I~ I~"'-\ •~ "~ • ,, LND-XX-X:X:X 0'5' J..2~Sf ~ I 8 , C 'I , I 1/ e I § !!I~ i }C' :; ~ I ,, UNPLJ\ITTD fX,o<"co,,(Yl1[ WCH.o,i(H[ NlH P.',<;Hru _ '00"0 ,• (ih:'R(l( ,· ~·•ss c:o:,; Dl'J¥ot< ''I / WQM.'IOH "'™ PC.WO r,(,\£'1, C / 1/1"!,FR,1~~.U(;l)QV,t< --Olt<C•SE,ONLP•E / I ~ -:--1-:c<r ---l----,,... --·-lllSI') ··<' <('l.'N~4"C0.rRfTl:IIONUuE>il-/l 101>< P\i•C>,LD 1 1/1" IIIASS N<,<000,,U''"C>SE kCS( PC~T,-,;Q, ~IC K~' ~~T c~w-•• IT ' 01s l!Jf\ I \.If' / o,· 1 Cf I 30 I ~ N88"2t2o·w 215.76 , H\lf / • , _l-0 '.-000 ',/J:J(I-'.,i.\OO ~GP LIN( " '~----------------·-. -~-• :· ----NS:46~:.:_ \_ -~_:__ --6_:_ ----NB811'3l'W 1~ Joo, ~ 11 1 \ fO\JH)•.',"R~ 5 L"E. N 1/:2, NW >/4, NW I/• GQV[. LOT4 ~-"cNCEL\1/ >SI•'>. ---;--,,---__.../!.-- '-~~l~ ;. ';,'2~ 7:,Cf ,o cl~ ~;~;E : t:.: CF ""'-"' LINI: A ';'t ~! Cf :i.; ~~~ I (oP.01',C<"ROI' UNPL,ITILO OiN«~oPLM' I cffi t,T\HOEO \ >< --I LEGEND BASIS OF BEARINGS I I w UNPLJ\TIED IN CASE ..S !;t,OIIH PLACE .O.T THE MORTH OUARTER .o.N0 -THWEST ,-A~ .. 1 .•. ~;'o,, --i EP sn ST.o.HDAAD aw or RENTON CQNCR£TE l,IOliUMENT NHll"26'1~·w BE'lll'EE:M n~ ~EN1S FOUND IN \ /" SECTION CO!lt<(R ~ S(C!1c;t< 5-22-5 PER H<E ' .· $ FOUND YOHUM8<T AS NOTED -PLAT ~PARKA 10 usr , . (REr 1) N -_w/--- ~' ,;,-> ,.. ""' O™ ~-M'° ,~ -• -;; J!!-d ST"1o1PE11 ·cORE 37~5-. .-• A -~c ~ r,,, 0 FOUND COf!NER MONJMOO AS MOlEO. (9L f --- ·~:,ft----,~ ,{f ,J;'J· · ..• -....... ~"-.,,,,.,_, ___ V ~oi.ii"i.,:6!. • SET lACK IN lU,ll WTI-1 SMIIIER STAMPE() "COFIE J7~~· ON PROPEl!TI UN[ EXTEND[D 6.50 FEET IN LIEU Of FROIH CORNEA OCCEPT A.5 $!OWN OTI-IER\\1SE. (@ CITY Of' REHTOH STI!EET AOO~ss PD£ PRl~Al[ Dll:,'INAO( EASEMENT Cl.f CH/Jl,I llNK FENCE HWI' HOC v.lRE fENCf: "111!< 'l/000 R.0.11. FENCE S.C.WS.O SOOS Cl!EEK WArrA "-NO 5£1\(R O>STl!!CT Y177tiOF4 --------= --~ .... cORE SCALE: 1" = 40' W <-0 B? ~DESIGN 147/INE'2911,l'!ac.S,,,,.!OI J-1i.ow, WodiltlQ""' 98007 4'25.985.7877 ro~ 425.BBS.7963 ENGINEER/NG PlANNING • SURVEYING JOB NO. 04120 PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. 215 Columbia Street Seattle, Washington 98104-1511 Senior Title Officer, Dave Maddux (davemaddux@pnwt.com) Senior Title Officer, Pete Harper (peteharper@pnwt.com) Unit No. 4 FAX No. (206) 343-8402 Telephone Number (206)343-1353 Talbot Ridge Estates 11711 SE 8'h Street, Suite 310 Bellevue, Washington 98005 Attention: John Q 1 Neil Your Ref.: Talbot Ridge Estates Title Order No. 686504 CERTIFICATE FOR FILING PROPOSED PLAT PLAT CERTIFICATE SCHEDULE A GENTLEMEN: In the matter of the plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of King County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that according to said records the title to the following described land: As on Schedule A, page 2, attached. IS VESTED IN: TALBOT RIDGE ESTATES LLC, a Washington limited liability company SUBJECT TO THE FOLLOWING EXCEPTIONS, As on Schedule B, attached hereto. CHARGE: TAX: $200.00 $ 18.00 TOTAL CHARGE: $218.00 RECORDS EXAMINED TO: December 4, 2008, at 8:00 a.m. PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, INC. Dave Maddux Senior Title Officer Unit No. 4 PLAT CERTIFICATE SCHEDULE A Page 2 Order No. 686504 The land referred to in this certificate is situated in the State of Washington, and described as follows: The north half of the northwest quarter of Government Lot 4, Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT 192nd Street and 102nd Avenue Southeast; ALSO EXCEPT that portion lying south of an existing fence, described as follows: Beginning at a point on the west line of said northwest quarter 33.66 feet south of the northwest corner thereof; Thence south 00°22'25" west along the west line of said northwest quarter 261.46 feet to said existing fence; Thence along said fence south 88°28'15" east 215.76 feet, south 88°47'51" east 299.07 feet and south 88°12 1 26" east and extension thereof 139.20 feet to the east line of said northwest quarter of Government Lot 4 1 and the terminus of said line. END OF SCHEDULE A GENERAL EXCEPTIONS: PLAT CERTIFICATE Schedule B Order No. 686504 1. Rights of claims of parties in possession not shown by the public records. 2. Public or private easements, or claims of easements, not shown by the public record. 3. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey or inspection of the premises. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records, or Liens under the Workmen's Compensation Act not shown by the public records. 5. Any title or rights asserted by anyone including but not limited to persons, corporations, governments or other entities, to tide lands, or lands comprising the shores or bottoms of navigable rivers, lakes, bays, ocean or sound, or lands beyond the line of the harbor lines as established or changed by the United States Government. 6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water. 7. Any service, installation, connection, maintenance, capacity, or construction charges for sewer, water, electricity or garbage removal. 8. General taxes not now payable or matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 9. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes. SPECIAL EXCEPTIONS: PLAT CERTIFICATE SCHEDULE B Page 2 Order No. 686504 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: Pacific Northwest Bell Telephone Company, a Washington corporation, its successors and assigns Telephone pole line The north 7 feet December 20, 1963 5678862 2. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: Puget Sound Power & Light Company, a Mass corp. Electric transmission lines The North 7 feet of said premises May 26, 1955 4577287 3. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: Puget Sound Energy, Inc., a Washington corporation Utility systems Portion of said premises October 26, 2007 20071026000641 4. RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBER: August 19, 1956 4719476 (continued) PLAT CERTIFICATE SCHEDULE B Page 3 Order No. 686504 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY: RECORDED: RECORDING NUMBER: REGARDING: JWO LLC, and King County Fire Protection District No. 37, a Washington special purpose district February 13 1 2007 20070213001020 Voluntary Mitigation Agreement and costs related thereto 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: Belmont Homes, Inc., a Washington Corporation Pacific Northwest Title Company of Washington, Inc. Eastside Commercial Bank, N.A. $4,290,000.00 March 21, 2007 March 26, 2007 20070326002735 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: Belmont Homes 1 Inc.1 a Washington corporation Chicago Title Insurance Company John w. O'Neil and Erika O'Neil $510,000.00 March 26 1 2007 March 27 1 2007 20070327000416 The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. (continued) PLAT CERTIFICATE SCHEDULE B Page 4 Order No. 686504 8. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: AFFECTS: Robert P. Wenzl and Susan L. Wenzi, husband and wife Chicago Title Insurance Company John W. O'Neil and Erika 0 1 Neil $510,000.00 March 26, 2007 March 27, 2007 20070327000417 Includes other property The amount now secured by said Deed of Trust and the terms upon which the same can be discharged or assumed should be ascertained from the holder of the indebtedness secured. 9. Matters disclosed on a survey recorded under Recording Number 9810289008. NOTE 1: GENERAL AND SPECIAL TAXES AND CHARGES, PAID IN FULL: YEAR: TAX ACCOUNT NUMBER: LEVY CODE CURRENT ASSESSED VALUE: 2008 052205-9045-02 5090 Land: $1,562,000.00 Improvements:$0.00 GENERAL TAXES: $19,501.08 SPECIAL DISTRICT: $2.70 $9.99 TOTAL BILLED: $19,513.77 PAID: $19,513.77 END OF SCHEDULE B Title to this property was examined by: Dick Chase Any inquiries should be directed to one of the title officers set forth in Schedule A. Cc: Development Management Engineers, LLC/Cliff Williams Cc: Core Design/Steve Schrei MN/20080609000252 December 11, 2008 Talbot Ridge Estates 11711 SE s'h St., #310 Bellevue, Washington 98005 Attention: John O'Neil Order No., 686504 Please find enclosed a copy of a plat certificate for Title Insurance on the above referenced transaction, as requested. Thank you for the opportunity to serve you. Pacific Northwest Title Company of Washington, Inc. takes great pride in the service and customer satisfaction we are able to provide our customers. If we can answer any questions or provide further assistance, please feel free to call. Dave Maddux Senior Title Officer Unit No. 4 Sec. ' l ___ ,. _______ - ----1--------------- 5, Twp. ' ' 22 t!I''·"" ,!IO .s.,a--+··.s"~ ~'''~'~"'-----~=~"S· I?· .l&.i !;\ -~-~---------------- N.' Rg. /- @ ;706 12.4.,_ @ 5 E. KING ' "'"r, l l ': • I ,. 1 l, ~ ' ... ~ .~ • ' ""A~ ___ ...::_ra._ , .. N PACIFIC NORTHWEST TITLE Company of Washington, Inc. Order No. 686504 t IMPORTANT, convenience streets and hereon. This is not a Plat of Survey. It is furnished as a to locate the land indicated hereon with reference to other land. No liability is assumed by reason of reliance EX. 12' SAN SEWER e .. , 21 ,, ' 'I ~-~ ',, ~7 18 II ,_, ', ,9 ' "-. e 111 ', '" ' ...,.., I <.J.C"'I 17 14 : ,_j. \J')'-: ll·m -1;/G~W o,i~Qijn-11 ~,, · :, I __2() . / __....---------19 13 23 ',,, 15 I; 1 I @ , ~ "2 \ ,.. lu , c, / 0 ,,PRO .DETENTION 's, EX 12"SAN : 1,EX 15"SAN _', '·, ,• /\ VYATER QUALITY CC•, SEWER : I SEWER ~ __ t____ /_ . I \,/ VAULT 74 ------: , ~'--------\ "·1-----~.--~. '-\i' , I ·-------------_J_ _________ _ :1 \,\ r"····-------, / \\ ~:_-_-_-_-_-_:·_-_-_-:~ 13 14 ,\ ,'. ________ ., / \\\ ~,------·-·r--~~f-------,b 19 20 i I'\ _J : n. , I :r: ' ._ : ;" 1),,,,, °' \1 I ~ f@ 3 \\\ ,f··----+---<J \~===---t..-~J ,.., --· 12 16 18 21 17 22 H '\, t -------TRACT"D" !._ ~-I ' """"""" I 7r c,c I. n--"~D p·I SPACE) / I 10 9 i B PROP0SED8" SAN. SEWER (TYP.) 5 0 SITE AREA MAP 4 I a I 2 -EX. 8" SAN SEWER w U) w@ :i: i z <"I 0 r= ~~ ! @ SITE DEVELOPMENT PLAN PROV,IOED BY CORE DESIGN @ Project Site D w S 192ND ST !/; ' <' Q: !,j VICINITY MAP ' '. '! " lj j I ·I, 'I " 1; ., " 11 i \ ----,., ' ' 11! ; f \ \ - Ii DRAFT DECLARATIONS OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TALBOT RIDGE ESTATES RENTON, WASHING TON • TABLE OF CONTENTS Page DESCRIPTION OF THE LAND 1 ARTICLE 1 INTERPRETATION 1.1 Liberal Construction 1 -----------. ---------------------------. --------. 1.2 Covenant Running with Land .. ____ .. . . ... .. .. .. . .. . . .. . ... . .. . . .. . . ... . 1 1.3 Declarantis Original Owner ____ ---------------------------····------2 1.4 Captions -------····---------------------------------------------·-··----· 2 1.5 Definitions 2 -. -------------------------------------------------. -----------.. 1.6 Percentage of Mortgagees ·---------------------···---------·-···----3 1.7 Percentage of Owners ·-----------------------··-------------··········· 3 ARTICLE 2 OWNERSHIP OF COMMON AREA 2.1 Ownership of Common Area 4 ARTICLE 3 OWNER'S PROPERTY RIGHTS 3.1 Owner's Rights of Enjoyment ···················--··-··-············-· 4 3.2 Delegation of Use 5 ARTICLE 4 OWNERS ASSOCIATION 4.1 Establishment 5 --------------------------------. -------------------------' 4.2 Form of Association 5 ---------------. --. --------------. -.. ---------------. 4.3 Membership ·······--·---··-···---·················-··················· 5 4.3.2 Transfer of Membership ·-·-·----·-·············--··················· 5 4.4 Voting ················--··--··---_ ········-···-······················-· 6 4.4.1 Classes of Voting Membership ········-··························--· 6 4.4.2 Number of Votes 6 -------------------. ---------------------------· 4.5 Bylaws of Association -----···········--························ 6 ARTICLE 5 MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development ················--·-············· 6 5.2 Management by Declarant ····-·-···-································ 6 5.3 Management by Elected Board of Directors ···········--···-··-····· 7 5.4 Authority and Duties of the Board 7 5.4.1 Assessments 7 -----------. -------------------------. -. ------------. -. ------. 5.4.2 Services 7 5.4.3 Utilities 7 5 .4 .4 Insurance 7 -----------------------------. ------------. -----------------------· 5.4.5 Maintenance and Repair of Common Areas ············--·-········· 8 5.4.6 Maintenance of Rights of Way, etc ······-····-···-··············-··· 8 5.4.7 Fences, Landscaping, etc ··········-······--···--··············-······· 8 5.4.8 Enforce Declaration 8 -------------------------------. ------------------· 5.4.9 Contracting & Payment for Materials, Services, etc. ··········--··· 8 5.4.10 Attorney-in-Fact ········-·----· ·····················-················-·· 8 • 5.4.11 5.4.12 5.4.13 Borrowing of Funds _ _ __ _ _ __ _ _ _ _ _ ___ __ __ _ _ ___ __ _ ___ _ _ ___ _ ____ ___ _ ___ _ _ 8 Adoption of Rules and Regulation, Fines ------------------------9 Additional Powers of Association 9 ARTICLE 6 ARCHITECTUAL CONTROL 6.1 Construction and Exterior Alteration or Repair -----------------9 6.2 Sales Facilities of Declarant 11 ----------------------------------------· 6.3 Variances 11 ·----.. --. -----------------------------------. -----------------· 6.4 Appeals _ _ __ _ _ _ __ _ _ __ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ __ _ _ ___ _ _ ____ _ _ __ _ _ __ _ _ ___ _ __ _ _ ___ 12 ARTICLE 7 USE AND MAINTENANCE OBLIGATION OF OWNERS 7.1 Maintenance of Lots 12 -------------------------------. -------. ------------. 7.2 Residential Use 12 -------------------------. ----. -------. ------------. 7.3 Restriction on Further Subdivision 12 ------. ------------. ----------------· 7.4 Rental Lots 12 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 -------------------------------. ------------. ----------------· Zoning Regulations _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ___ _ _ _ _ _ _ ____ _ _ __ _ _ __ _ _ __ __ __ _ _ __ _ 13 Business Use 13 ---------------------------------------. -------------------· Building Setback Requirements --------------------------------------13 Oil and Mining Operations ___ ---------------------------------------13 Catch Basin 13 ---------------------------. ---------. -. -------------------. Lot Size 13 -----------------------------------. ---------.. --.. -·. ------------. Garages _____________________________________________________________ . 13 Square Footage ___ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ ___ _ _ ___ _ __ __ _ _ _ __ _ _ __ _ ___ _ _ __ _ ___ _ 14 Mobile or Manufactured Housing ------------------------------------14 Driveway Standards _________ --------------------------------------14 Parking ___________________________________________________________________ . 14 Roof 14 -------------------------. -". -------. -------· ------------------..... Exterior Finish 14 . --------------------.. --------. ·-·· ------. -· -------------. Utilities 15 .. -· --·· ---------------. -----. --------..... ----------------------. Antenna 15 .. -·--· ----· -----------------. ---------...... ------· -------------. Fencing _________________________________________________________________ . 15 Fireplace Chimneys _________ ------------------------------------------15 Garbage and Refuse _ _ ------------------------------------15 Games and Play Structures -------------------------------------------15 Construction of Significant Recreation Facilities ______________ 16 Livestock and Poultry ______ ------------------------------------------16 Landscaping ___ ___ _ ___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ___ _ ___ _ _ ___ _ _ _ ___ __ __ _ _ __ _ _ __ _ _ __ _ 16 Signs . ______________________________________________________________________ . 16 Temporary Structures _ _ _ __ _ _ _ _ _ _ _ _ _ ___ _ _ __ _ _ ___ _ _ _ _ __ _ _ __ _ _ __ _ _ __ _ ___ _ 16 Completion of Construction _ _ _ _ _ _ _ _ ___ _ _ __ _ _ ___ _ _ _ _ __ __ __ _ _ __ _ _ __ _ _ __ __ 16 Easements 16 . -----... ----------· ----------------. -... -------....... ---------· Use During Construction ----------------------------------------------17 Excavations 17 -----·-------------------.... -----. --··· --------------------.. Nuisances 17 .......... ----------------... --· -. -----...... --· ---------------.. Cloths Lines, Other Structures 17 11 7.35 7.36 7.37 7.38 Common Drives Building Height Stonn Runoff Stonn Detention Operations and Maintenance ARTICLE 8 COMMON EXPENSES AND ASSESSMENTS 17 17 17 17 8.1 Creation of the Lien & Personal Obligation of Assessments 18 8.2 Unifonn Rate 18 -------------------. --. -----------------------. ---. -----. 8.3 Initial Assessment Amount 18 ------------------------------. ---------. 8.4 Limitation on Annual Assessment Amount 18 --------------------. ---. 8.4.1 Board Authority ----··-···---·-···--------·--·-·--···-----··-------·--18 8.4.2 Annual Increase in Dollar Limit 19 ---. ---------------------------------. 8.4.3 Owner Approval Required -·-···--·--------·-·--·---·---··------··--19 8.5 Manner and Time of Payment ·--·-----·--···--··--··--··---·------19 8.6 Accounts 19 ------------. ------------------------.. --. -------------------. 8.7 Lien 19 -. -----------------------------------------... --------------. -------. 8.8 Waiver of Homestead 20 -------------------. ----------. --.. --------------. 8.9 Continuing Liability for Assessments --····--··---·------·--------20 8.10 Records, Financial Statements -------------------------------------20 8.11 Certificate of Assessment 20 . ------------------------------------. -------. 8.12 Foreclosure of Assessment Lien, Attorneys' Fees & Costs 20 8.13 Curing of Default -·········· _ ------------------------------------21 8.14 Omission of Assessment 21 -----. --------------. ---. --------------. 8.15 Assessment Deposit _____________ --------------------------------------21 8.16 Exempt Property ________________ -------------------------------------21 8.17 Effect of Legal Proceedings ------------------------------------------22 ARTICLE 9 COMPLIANCE WITH DECLARATION 9 .1 Enforcement 22 . --------------------------------------------------------- 9 .1.1 Compliance of Owner ----------------------------------------22 9.1.2 Compliance of Lessee -----------------------------------------------22 9.1.3 Attorney's Fees --------·-·······-···-----------------------------·-----22 9.2 No Waiver of Strict Performance 23 --------. ·--.. -----------. -... -.. --. 9.3 Right of Entry ---------·-······-··------------···---------------------23 9.4 Remedies Cumulative 23 ARTICLE 10 LIMITATION OF LIABILITY 10.1 No Personal Liability ______ -···-···----------------------------------23 I 0.2 Indemnification of Board Members 23 ARTICLE 11 MORTGAGEE PROTECTION 11.1 Priority of Mortgagee -----------------------------------------------24 11.2 Effect of Declaration Amendments 24 --. ----.. --------------. -. ---. ---. 11.3 Right of Lien Holder ··---------------------------------------------24 111 11.4 11.5 11.6 Change in Manner of Architectural Review & Maintenance Within Project ···--· ---·--·-----·-·------------------------------25 Copies of Notices . ____________ .. _ _ __ _ _ _ __ _ ___ ______ _ _ __ _ _ ___ __ ___ _ ___ 25 Furnishing of Documents . _. _ .. _ _ _ _ _ _ _ __ _ ___ ______ _ ___ _ _ ___ __ ___ _ ___ 25 ARTICLES 12 EASEMENTS 12.1 Association Functions 25 ----------. --. -------------. -. ----------------· 12.2 Easements Over Common Areas 25 --.. ------------. -. ----------------· 12.3 Access to Public Streets 25 ---. --. ---------. ----------------------. 12.4 Utility Easements ___________ --------------------------------------25 ARTICLE 13 TERM OF DECLARATION 13.1 Duration of Covenants 26 -----------. -----------------------------------. 13.2 Abandonment of Subdivision Status 26 ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP 14.1 Declaration Amendment 26 ----------------------. ----------------------. 14.2 Plat Map ______________ _ --------------·---------------------------27 14.3 Amendments to Confonn to Construction 27 . ---. -------------------. 14.4 Amendments to Conform to Lending Institution Guidelines 27 14.5 Article 16 Amendments 27 ARTICLE 15 INSURANCE 15 .I Insurance 2 8 ARTICLE 16 ANNEXATION & WITHDRAWAL OF ADDITIONAL PROPERTIES 16.1 Annexation and Withdrawal by Declarant --------·-----------------28 16.2 Non-Declarant Annexations 29 ------------------------------------------. 16.3 Common Areas Within Additional Lands 29 ARTICLE 17 MISCELLANEOUS 17.1 Notices 29 . ----------------------------------------------------------------. 17.2 Conveyances, Notice Required ---------------------------------·---29 17.3 Successor and Assigns ____ -----·------------------------·-------------30 17.4 Joint and Several Liability ----------------------·----·----------------· 30 17.5 Mortgagee's Acceptance --·--·--------------------------------------30 17.5.1 Priority of Mortgage _ ------------------------·----------------30 17.5.2 Acceptance Upon First Conveyance ------------------------------30 17.6 Severability ---·-------··--------------------------··------------··------30 17.7 Effective Date 30 .. -----------------------------. -. ----. ----. -----. -----------. 17.8 Government Right of Access ·------------------------------------· 30 IV > DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF TALBOT RIDGE ESTATES RENTON, WASHINGTON THIS DECLARATION is made this DAY OF ______ 200_, by the undersigned TALBOT RIDGE ESTATES, TLC DESCRIPTION OF THE LAND A. TALBOT RIDGE EST A TES, LLC owns certain real property located within the State of Washington, which property and improvements are commonly known as the plat of TALBOT RIDGE ESTATES, located in the City of Renton, King County, Washington and legally described in the attached Exhibit A (the "Project"). All Common Areas of the Project are shown on the Plat Maps recorded in conjunction with this Declaration. B. For the benefit and protection of the Project, to enhance its value and attractiveness, and as an inducement to lenders and investors to make and purchase loans secured by Lots within the Project, TALBOT RIDGE ESTATES, LLC agrees to provide herein for a method of use and architectural control within the Project. NOW, THEREFORE, TALBOT RIDGE ESTATES, LLC hereby declares that the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following uniform covenants, conditions, restriction, grants of easement, rights, rights-of-way, liens, charges and equitable servitudes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incmporate by reference all provisions of the Declaration. The provisions of the Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first mortgagee of any Lot. ARTICLE 1 INTERPRETATION 1.1 Liberal Construction. The provisions of the Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 1.2 Covenant Running with Land. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, binding on Talbot Ridge Estates, LLC, their respective successors, heirs, executors, administrators, devisees or assigns. 1.3 Declarant is Original Owner. Talbot Ridge Estates, LLC is the original Owner of all Lots and Project and will continue to be deemed the Owner thereof except as conveyances or documents changing such Ownership regarding specifically described Lots or portions of the Project are filed ofrecord. 1.4 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions hereof. 1.5 Definitions. 1.5.1 "ACC" shall mean the Architectural Control Committee provided for in Article 6. 1.5.2 "Association" shall mean the Owner's Association provided for in Article 4 and its successors and assigns. 1.5.3 "Board" shall mean the Board of Directors of the Association provided for in Article 5. 1.5.4 "Bylaws" shall mean the duly adopted bylaws of the Association. 1.5.5 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the Owners and shall include (unless/until dedicated to a government entity) all Common Areas described on the Plat Map; Project entry sign(s) and landscaping, recreation space, planter islands and planted medians on roads or cul-de-sacs, and mailbox stands serving more then one Lot. 1.5.6 "Declarant" shall mean TALBOT RIDGE ESTATES, LLC (being the Owner of the real property described in Exhibit A thereof) and its successors and assigns if such successors or assigns should acquire more then one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties of Declarant. 1.5. 7 "Declaration" shall mean this declaration and any amendments thereto. 1.5.8 "Home" shall mean and refer to any structure or portion of a structure, located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family or which is intended for use in connection with such residence. 2 1.5.9 "Lot" shall mean and refer to any plot ofland shown upon any recorded Plat Map of the Project excluding Common Areas. Lot shall not include any land now or hereafter owned by the Association or by all of the lot Owners as tenants in common, nor included any land shown on a Plat Map but dedicated to the public or to a government entity. 1.5.10 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. 1.5.11 "Mortgagee" shall mean the beneficial Owner, or the designee of the beneficial Owner, ofan encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor, or designee of a vendor, of a real estate contract for the sale of a Lot. 1.5.12 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise express! y provided herein, shall in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such interest merely as security for the performance of an obligation shall not be considered an Owner. 1.5.13 "Person" shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives. 1.5.14 "Project" shall mean the real estate described in Exhibit A and all improvements and structures thereon, including such additions thereto as may hereafter be brought within the jurisdiction of the Association. 1.5.15 "Plat Map" shall mean any Plat Map(s) approved by the appropriate governmental entity and recorded in conj unction with or subsequent to this Declaration, which Plat Maps depict the layout of the Lots on the Project. 1.5.16 "Plat" shall mean and refer to the plat of TALBOT RIDGE ESTATES as recorded in Volume __ of Plats, Pages ~through_, Records; of King County, State of Washington, under Recording No. _________ _ 1.6 Percentage of Mortgagees. For purposes of determining the percentage of first mortgagees approving a proposed decision or course of action, a mortgagee shall be deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot. 1.7 Percentage of Owners. For purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. 3 ARTICLE2 OWNERSHIP OF COMMON AREA 2.1 Ownership of Common Area. All Common Areas shall be owned by the Association. The Common Area shall exclude those portions of common areas (and improvements thereto) which have been or may hereafter be, dedicated to and owned by the public or a governmental entity. The Common Area shall for all purposes be under the control, management and administration of the Declarant until all Class B membership (as defined in Article 4) terminates, and under the control, management and administration of the Association thereafter. The Association (and the Owners who are members thereof) have the responsibility and obligation to maintain, repair and administer the Common Area in a clean, attractive, sanitary and safe condition and in full compliance with applicable, governmental laws, rules and regulations and the provisions of this Declaration. ARTICLE3 OWNER'S PROPERTY RIGHTS 3.1 Owner's Rights of Enjovment. Every Owner shall have a non-exclusive right, in common with all Owners, of enjoyment in and to the Common Area that shall be appurtenant to and shall pass with the title to ever Lot, subject to the following provisions: 3.1.1 The right of the Association to limit access to those portions of the Common Areas, which in the opinion of the Board are dangerous. 3.1.2 The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon any Common Area. 3.1.3 The right of the Association to suspend the voting rights and right to use of the Common Areas by an Owner for any period during which any assessment against such Owner's Lot remains unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. Until all Class B membership terminates, the Association shall be required to exercise its right to suspend the voting rights of, and the right to the use of the recreational facilities by, a member for non- payment of an assessment, upon the request of the Declarant. 3.1.4 The rights of the Association to dedicate or transfer all or any part of the Common Area, including easements across said properties, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. 3.1.5 The right of the Association to limit the number of guests of members. 4 3.1.6 The right of the Association, in accordance with this Declaration and its Articles of Incorporation and Bylaws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, but the rights of such mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions of Section 11.5. 3.1.7 The right of the Association to take such steps as are reasonably necessary to protect any property mortgaged in accordance with Section 3 .1.6 against foreclosure, including, but not limited to, the right to charge admission and other fees as a condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment of such properties to the public. 3.1.8 Until all Class B membership terminates, the exercise of all the rights and powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.6 shall require the prior written approval ofDeclarant. 3.2 Delegation of Use. Any Owner may delegate (in accordance with the Bylaws), his/her right of enjoyment of the Common Area and facilities to the members of his/her family, or his/her tenants or contract purchasers who reside on the Owner's Lot and (subject to regulation by the Association) to his/her temporary guests. ARTICLE4 OWNERS' ASSOCIATION 4.1 Establishment. There is hereby created an association to be called TALBOT RIDGE ESTATES HOMEOWNERS' ASSOCIATION (referred to hereinafter as the "Association"). 4.2 Form of Association. The Association shall be a nonprofit corporation formed and operated pursuant to the Title 24 and Chapter 64.38, Revised Code of Washington. In the event of any conflict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit corporation, the provisions of the Declaration shall prevail. 4.3 Membership. 4.3.1 Qualification. Each Owner ofa Lot in the Project (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in the Association. 4.3.2 Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of 5 title to such Lot. Any attempt to make a prohibited transfer of membership shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant hereto to the new Owner thereof. 4.4 Voting. 4.4.1 Classes of Voting Membership. The Association shall have two classes of voting membership: (a) Class A members shall be all Owners except the Declarant. Class A members shall be entitled to one vote for each Lot owned; (b) The Class B members shall be the Declarant, which shall be entitled to (I 0) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership on the happening of the first of the following events: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership, or (b) the date when Declarant's management powers terminate, as provided in Section 5.2. In determining whether any given proposition shall have been approved by the membership, the total number of Class A and Class B votes shall be combined and the appropriate percentage applied against the combined number. If Declarant elects to annex Additional Lands pursuant to Section 16.1, the total number of votes shall be increased by the applicable number for the Lots in such annexed Additional Lands. 4.4.2 Number of Votes. Except as provided in Section 4.4.1 above, the total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of any one Lot shall be(!) vote. 4.5 Bylaws of Association. Bylaws for the administration of the Association and the Project and to further the intent of the Declaration, may be adopted or amended by the Owners at a regular or special meeting, provided, that the initial Bylaws shall be adopted by Declarant. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. ARTICLES MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development. The Owners covenant and agree that the administration of the Project shall be in accordance with the provisions of this Declaration and the Bylaws of the Association. 5.2 Management by Declarant. The Project shall be managed on behalf of the Association by the Declarant until the earlier of (a) one hundred twenty (120) days after all Class B membership terminates, or (b) the date on which Declarant elects to permanently relinquish all of its authority under this Section 5.2 by written notice to all Owners. So long as Declarant is managing the Project, Declarant or a managing agent selected by Declarant shall have the exclusive power and authority to exercise all the rights, duties and functions of the Board and the Association set forth or necessarily implied in this Declaration, provided however, that the Association may not be bound directly or indirectly to any contracts or leases without the right of termination 6 exercisable without cause and without penalty at any time after transfer of control to the Board elected pursuant to Section 5.3, upon not more than ninety (90) days' notice to the other party to the contract. 5.3 Management by Elected Board of Directors. At the expiration of Declarant's management authority under Section 5.2, power and authority shall vest in the Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent or officer of the Association as provided for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of the Board and the meetings of the Association. 5.4 Authority and Duties of the Board. On behalf of and acting for the Association, the Board ( or the Declarant or Declarant's managing agent as provided in Section 5.2 hereof), for the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board under this Declaration and any applicable law, including by not limited to the following: 5.4.1 Assessments. Establish and collect regular assessments (and to the extent necessary and permitted hereunder, special assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair, improvement and replacement of those portions of the Common Area or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by the above assessments. The Association may impose and collect charges for late payments of assessments. 5.4.2 Services. Obtain the services of persons or firms as required to properly manage the affairs of the Project to the extent deemed advisable by the Board including legal and accounting services, property management services as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Common Area, whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent. 5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility easements and street lighting, as required for the Common Area. 5.4.4 Insurance. Obtain and pay for policies of insurance or bonds providing Common Area casualty and liability coverage, and for fidelity of Association officers and other employees, the requirements of which are more fully set forth in Article 15. 7 5.4.5 Maintenance and Repair of Common Areas. Pay for the cost of painting, maintenance, repair of all recreational facilities, landscaping and gardening work for all Common Area, and improvements located thereon, so as to keep the Project in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulation and the provisions of this Declaration. The foregoing shall include the cost of maintaining, repairing and replacing mailbox stands that serve more then one (1) Lot, and such replacing and repairing of furnishings and equipment, if any, for the Common Area as the Board shall determine are necessary and proper. 5.4.6 Maintenance of Rights of Way, etc. Pay for the costs of maintaining and landscaping of rights of way, traffic islands and medians, or other similar areas which are not part of the Lots or Common Area but which are within or adjacent to the Project boundaries, and which are owned by or dedicated to a governmental entity, if said governmental entity fails to do so; provided, the Lot Owner at the Owner's expense (rather than the Association) shall maintain and landscape such areas as are adjacent to such Owner's Lot. 5.4.7 Fences, Landscaping, etc. To the extent deemed advisable by the Board, pay for the cost of constructing, maintaining, repairing and replacing perimeter and interior fences, if any, and landscaping and improvements on easements, if any, which are located on or across Lots, provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 5.4.8 Enforce Declaration. Enforce the applicable provisions of the Declaration for the management and control of the Project. 5.4.9 Contracting and Pavment for Materials, Services, etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, management or other services, provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots 5.4.10 Attorney-in-Fact. Each Owner, by the mere act of becoming an Owner, shall irrevocably appoint the Association as his/her attorney-in-fact, with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Project, to deal with the Project upon damage or destruction, to grant easements and licenses over Common Areas, and to secure insurance proceeds. 5.4.11 Borrowing of Funds. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 8 5.4.12 Adoption of Rules and Regulation: Fines. When and to the extent deemed advisable by the board, to adopt reasonable rules and regulations governing the maintenance and use of the Project and other matters of mutual concern to the Lot Owners, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. The Board may impose and collect charges for late payments of assessments and, after notice and an opportunity to be heard by the Board or by a representative designated by the Board in accordance with procedures as provided in the Bylaws or rules and regulations adopted by the Board, levy reasonable fines in accordance with a previously established schedule adopted by the Board and furnished to the Owners for violation of the Bylaws, rules and regulation of the Association. 5.4.13 Additional Powers of Association. In addition to the duties and powers of the Association as specified in this Declaration, but subject to the provisions of this Declaration, the Association, acting through its Board, shall have the power to do all other things that it may deem reasonably necessary to carry out its duties and the purposes of the Declaration. ARTICLE6 ARCHITECTURAL CONTROL 6.1 Construction and Exterior Alteration or Repair. 6.1.1 All buildings and structures (including, without limitation, concrete or masonry walls, rockerics, fences, sheds, swimming pools, if any, or other structures) to be constructed within the Project, and all exterior alterations and repairs (including, but not limited to, re-roofing or repainting) of any buildings or structures on the Project and visible from any public street, Common Area or other Lot must be approved in writing by the Board, or by an Architectural Control Committee ("ACC") composed of three (3) or more representatives appointed by the Board, at least two (2) of whom shall be Board members; provided, that so long as Declarant owns any Lots within the Project, Declarant at its option may exercise all of the rights and powers of the Board under Section 6.1 including without limitation the appointment of members of the ACC. References in the Article 6 to the ACC shall be deemed to include the ACC, the Board, or the Declarant, as circumstances may dictate. Complete plans and specifications, including colors, of all such proposed buildings, structures, and exterior alterations and repairs, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC, shall be submitted to the ACC along with a written request for approval signed by the Owner. Any exterior modifications in accordance with plans and specifications developed by the Declarant and filed with the Board at the time of transfer (pursuant to Article 5.3) shall be deemed approved exterior modifications. 9 6.1.2 The ACC will review all requests for approval of construction, alteration or repair for quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and for location of the building with respect to topography, finish grade elevation and building setback restrictions. 6.1.3 In the event the ACC fails to approve or disapprove such request within thirty (30) days after all required plans and specifications have been submitted to it, such approval shall be deemed given by the ACC. 6.1.4 All plans and specifications for approval by the ACC must be submitted in duplicate, at least thirty (30) days prior to the proposed construction or exterior alteration or repair starting date. Construction, alteration or repair shall not be started until written approval thereof is given by the ACC. 6.1.5 The ACC may require that said plans or specifications be prepared by an architect or a competent house designer, approved by the ACC. One complete set of said plans and specifications shall in each case be delivered to and permanently retained by the ACC. All buildings or structures (including but not limited to garden sheds) shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ACC. The ACC shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ACC's reasonable opinion, aesthetic or otherwise. 6.1.6 In so passing such design, the ACC shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built, and the exterior color scheme, to the site upon which it is proposed to be erected, the harmony thereof with the surroundings, and the effect or impairment that said structure will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ACC's opinion, could affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 6.1. 7 The ACC shall have the right to disapprove the design or installation of a swimming pool or any other recreational structure or equipment, in the ACC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ACC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all the properties located in close proximity. The enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth therein for all buildings and structures. 10 6.1.8 The ACC shall have the right to require, at a Lot Owner's expense, the trimming or topping ( or, if deemed necessary by the ACC, removal) of any tree, hedge or shrub on a Lot which the ACC determines is unreasonably blocking or interfering with the view or access to sunlight of another Lot. 6.1.9 The ACC shall have the right to specify precisely the size, color and style of mailboxes, and of the post or support on which such mailboxes are affixed, and their location within the Project, whether or not such mailbox stand is a Common Area, all with the approval of the Postmaster (ifrequired). 6.1.10 Approval by the ACC is independent of, in addition to, and not to be construed as a representation as to compliance with, any requirements for a permit, license or other approval by the City of Renton or other applicable governmental or quasi-governmental entity. The Lot Owner is responsible for obtaining any such governmental approvals. 6.1.11 Declarant (including any successor in interest to Declarant's status as Declarant) shall not be subject to the restriction of this Section 6.1 as to any Lot owned by Declarant, whether or not any Class B membership exists and whether or not management of the Association has been relinquished by Declarant pursuant to Section 5.2 hereof. 6.2 Sales Facilities of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant (and its agents, employees and contractors) shall be permitted to maintain during the period of sale of Lots and/or Homes upon such portion of the Project (other than Lots sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots and Homes, including but not limited to, a business office, storage area, signs, model units, sales office, construction office, and parking areas for all prospective tenants or purchasers of Declarant. 6.3 Variances. So long as Declarant owns any Lot, the Board may in its reasonable discretion, upon written request of the Declarant, grant a variance from the requirements of Article 7, thereafter, the Board may, upon written request of an Owner, grant a variance from the requirements of Article 7 only in cases where, because of the physical characteristics of the Lot, strict enforcement would result in an unnecessary hardship. The Board may only grant a variance from the provisions of sections 7.11 through 7.17, 7.19 through 7.21, 7.23, 7.29, or 7.36. The Board's authority to grant such a variance shall not be. delegated to the ACC. Prior to granting such a variance, the Board shall hold an open hearing at which other Owners may comment. At least fifteen (15) days prior to such hearing, the Board shall give written notice of the nature of the requested variance to the Owner of each Lot immediately adjacent to the Lot for which the variance is requested, to other Owners that would reasonably be affected by the variance, and by requiring the Owner requesting the variance to post a notice on such Owner's Lot in a form reasonably satisfactory to the Board. 11 6.4 Appeals. Any aggrieved Ovmer may appeal a decision of the ACC to the Board by written notice within sixty (60) days after the ACC's written decision. The Board will review the ACC decision at the Board's next regularly scheduled meeting (but in any event not later than thirty (30) days after receipt of the notice of appeal). The Board shall give written notice to the appealing Owner of the time and place of such meeting at least five ( 5) days in advance. ARTICLE7 USE AND MAINTENACE OBLIGATION OF OWNERS 7.1 Maintenance of Lots. Each Owner, at said Owner's sole cost and expense, shall promptly and continuously maintain, repair and restore said Owner's Lot (including the yard and landscaping) and Home and other improvements located thereon, and also such other areas as may be required pursuant to Sections 5.4.6, 5.4.7 and 12.4, in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable governmental laws, rules and regulation and the provisions of this Declaration and the rules and regulations of the Association. · 7.2 Residential Use. Except as provided in Section 7.6, all Lots and improvements located thereon shall be used, improved and devoted exclusively to residential use. Nothing herein shall be deemed to prevent the Owner from leasing a Lot and improvements subject to all of the provisions of the Declaration. 7.3 Restriction on Further Subdivision. No Lot or portion of a Lot shall be divided and sold or resold, nor ownership changed or transferred whereby the ownership of any portion of this Project shall be less than the area required for the use district in which located, provided, the foregoing shall not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments. Lots may be joined and joined Lots may subsequently be subdivided only into the Lots originally joined. 7.4 Rental Lots. 7.4.1 With respect to the leasing, renting, or creating of any kind of tenancy of a Lot and improvements thereon by its Owners, such Owner shall be prohibited from leasing or renting less than the entire Lot or improvements thereon, or (with the exception of a lender in possession of a Lot and improvements thereon following a default in a first mortgage, a foreclosure proceeding or any deed of trust sale or other arrangement in lieu of a foreclosure) for a term of less than six ( 6) months, and all leasing or rental agreements shall be in writing, and shall be subject to the Declaration and Bylaws (with a default of the tenant in complying with the Declaration and Bylaws constituting a default under the lease or rental agreement). 7.4.2 Ifa Lot or Home is rented by its Owner, the Board on behalf of the Association may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Lot or Home as is required to pay any amounts due the Association 12 hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the right to challenge payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association, but will not discharge the liability of the Owner or the Lot under this Declaration for assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, nor in derogation of any rights that a mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article 7 there are no restrictions on the right of an Owner to lease or otherwise rent such Owner's Lot or Home. 7 .5 Zoning Regulations. Zoning regulations, building regulations, environmental regulations and other similar governmental regulations applicable to the Project shall be observed. In the event of any conflict between any provision of such governmental regulations and the restrictions of this Declaration, the more restrictive provision shall apply. 7.6 Business Use. No business of any kind shall be conducted on any Lot with the exception of(a) the business ofDeclarant in developing and selling all of the Lots, and (b) such home occupation as may be permitted by the appropriate local government and which is not otherwise in violation of the provisions of this Declaration. 7.7 Building Setback Requirements. All buildings and other Lot improvements shall comply with all applicable governmental requirements, including without limitation minimum setback requirements. No building or other structure shall be located within any building setback line shown on the Plat Map. 7.8 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot. 7.9 Catch Basin. The Owner of each Lot shall ensure the cleaning of all catch basins, if any, located on such Lot at least once prior to September 15th of each calendar year. 7. IO Lot Size. No residential structure shall be erected or placed on any Lot which has a Lot area ofless than that required by the government entity having appropriate jurisdiction over the Project. 7.11 Garages. Every Home must have a garage capable of holding at least two full-size cars, but no more than three full-size vehicles (any car, boat, recreational vehicle, etc. shall be deemed one car for purposes of this limitation). All vehicles must be stored in garages or in a manner that the Board reasonably determines is not offensive when viewed from the street or from the ground level of adjacent Lots or Common Areas. 13 7. I 2 Square Footage. Each single-family residence must include a minimum of I ,800 square feet for single story Homes and 2,200 square feet for two-story Homes, excluding garage, porches and decks. 7.13 Mobile or Manufactured Housing. Custom designs by licensed architects shall be strongly encouraged and any use of repetitive design shall be strongly discouraged and/or prohibited at the discretion of the ACC. The ACC may refuse to approve a plan based on design or repetitive use of a plan, or for failure to meet the approved criteria as set forth. There shall be no mobile or manufactured housing. 7.14 Driveway Standards. All driveways shall be constructed of concrete with a minimum of aggregate finish or other material approved by ACC. 7.15 Parking. Unless substantially screened from view from the street or from the ground level of adjacent Lots and Common Area in a manner reasonably approved by the ACC, no recreational vehicles, commercial vehicles, construction or like equipment, motorcycles, or trailers (utility, boat, camping, horse, or otherwise), shall be allowed to be parked or stored on any Lot or street for a cumulative period in excess of fourteen (14) days in any (I) calendar year. No motor vehicles of any kind shall be parked overnight on any street adjoining any Lot or Common Area, provided that, such vehicles belonging to guests of a Lot Owner may occasionally be so parked so long as such parking will not violate any other provision of this Section 7.15. No motor vehicle of any kind that is inoperative by reason of mechanical failure shall be parked or stored on any Lot or in any right-of-way or street adjoining any Lot or Common Area for more than seventy-two (72) hours. The Board shall have full authority to determine, in its sole discretion, if any vehicle is obnoxious or undesirable to the other Lot Owners and to enforce this covenant. Pursuant to Article 9 of this Declaration, the Association may levy fines or have vehicles that are parked in violation of this Section towed and impounded at the Owner's expense. 7.16 Roof. The exterior of all roofs shall be composed of materials approved by ACC. All roofs must have a pitch of at least 4/12 (four on twelve), unless approved by the ACC based on considerations regarding a specific Lot. Under no circumstances are flat roofs allowed. Roof material shall be at least twenty-five (25) year composition asphalt shingle, color approved by ACC, and by a mannfacturer approved and accepted by ACC. . 7.17 Exterior Finish. The exterior of each Home shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping of the Project. All exterior materials and all exterior colors must be approved by the ACC in accordance with the provisions of this Declaration. Exterior trim, fences, doors, railing, decks, eaves, gutters and the exterior finish of garages and other accessory buildings (including garden sheds) shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin. Homes and other structures may be finished in vinyl siding if approved by the ACC. 14 • 7.18 Utilities. All utilities shall be installed underground. No storage tanks or barrels of any kind shall be maintained above ground unless properly screened in a manner acceptable to the ACC. All Lots shall be served by public water and sewer. No wells or septic systems shall be constructed or maintained on any Lot. 7.19 Antenna. No antenna, satellite dish or other similar type of exterior equipment shall be allowed on any Lot unless approved in writing by the ACC. As a condition of approval the ACC may require reasonable shielding of such antenna, satellite dish or equipment from view from the street and the ground level of adjacent Lots or Common Areas. In no event shall any satellite dish or similar antenna greater then one (I) meter in diameter be permitted. 7.20 Fencing. Fences may only be placed along the rear property line (except any area within a Natural Greenbelt Protective Easement), along the front building line, and from the front building line to the rear Lot line (except any area within a Natural Greenbelt Protective Easement), cannot exceed six ( 6) feet in height above the ground, under no circumstances may obstruct view from any other Lot, must be constructed of wood approved by the ACC. Hedges or other solid screen planting may be used as Lot line barriers subject to the same height restrictions as fences. No chain-link fences shall be permitted on a Lot. No fence, wall or hedge shall be permitted on a Lot any nearer to any street then a building is permitted under Section 7.7, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than three (3) feet above the finished grade at the back of said retaining wall. 7.21 Fireplace Chimneys. Fireplace chimneys must be constructed with material approved by the ACC and as otherwise required by this Declaration. 7.22 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from view from the street and from the ground level of adjacent Lots and Common Area. Such containers shall be returned to the screened location by the end of each scheduled pick-up day. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. No building material of any kind shall be place or stored on any property within the Project until the Lot Owner is ready to commence construction, and then such materials shall be placed within the boundary lines of the Lot upon which its use is intended. Garbage cans may only be placed in public view on the day of garbage pick-up. All woodpiles and storage areas must be placed so that they do not obstruct or hamper any other Lot Owner's view and must be suitably screened from view from the street and from the ground level of adjacent Lots and Common Areas. 7.23 Games & Play Structures. No deck, platform, dog house, playhouse or structure of a similar kind or nature shall be constructed on any part of a Lot located in front of the rear line of the residence constructed thereon, and any such structure must have prior approval of the ACC. No basketball goals or similar moveable structures shall be kept or placed on any public sidewalk or street. 15 7.24 Construction of Significant Recreation Facilities. The construction of any significant recreational facilities on any Lot including, but not limited to, such items as swimming pools and tennis, badminton or pickle ball courts shall require the approval of the ACC and shall be subject to the requirements adopted by the ACC. 7.25 Livestock and Poultrv. No animals or reptiles of any kind shall be kept on the Project, except that dogs, cats, and other indoor household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. No individual Lot Owner shall keep more then two (2) dogs. 7 .26 Landscaping. All cleared areas between the front building line and the street shall be fully landscaped within thirty (30) days, depending on weather conditions, of the time when Home is ready for occupancy. Owner shall install or have installed fully landscaped rear and side yards within nine (9) months of occupancy unless a longer time is approved by the ACC. 7.27 Signs. No signs of any kind, nor for any uses, shall be erected, posted, painted or displayed on any Lot or Common Area whatsoever, except for public notices by political divisions of the State or Country or as required by law. Any builder or the builder's agent may erect and display signs during the period the builder is building and selling property in the Project only with prior approval from the ACC. Any Lot Owner or the Lot Owner's agent wishing to sell that Owner's Lot may place one (1) "For Sale" sign on the Lot, provided such sign complies with any rules published by the ACC. 7.28 Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuildings or any structure of a temporary character erected or placed on the Project shall at any time be used as a residence, even temporarily. No building or structure shall be moved on to the Project from any land outside the Project. A trailer may be placed and occupied by the designated subdivision sales agent with the prior written approval of the ACC. A construction shack may be used by an Owner's construction contractor during the construction period. 7 .29 Completion of Construction. Any dwelling or structure erected or placed on any Lot shall be completed as to external appearance, including finish painting or staining, and shall be connected to sewers within eight (8) months from the date of commencement of construction, unless some longer period of time is approved in writing by the ACC. 7.30 Easements. Easements for the installation and maintenance of utilities, drainage and irrigation facilities are reserved as shown on the Plat Map and as described in Article 12. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and/or maintenance of such utilities, or which may change the directions of flow of water through a drainage channel in the easement, or which may obstruct or retard the flow of water through drainage channels in the easement. Except as otherwise provided in 16 Section 12.4, any easement or portion thereoflocated on any Lot and all improvements thereon shall be maintained continuously by the Lot Owner. 7.31 Use During Construction. Except with the approval of the ACC, no person shall reside in any structure on any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the ACC have been completed. Completion shall be considered receipt of a final inspection of the dwelling unit by the City of Renton Building Department or other applicable government official. 7.32 Excavations. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation shall be made nor shall any dirt be removed from or added to any Lot. Except with permission of ACC, no retaining wall of more then four feet (4) in height (exposed height) may be constructed on any Lot. 7.33 Nuisances. No noxious or undesirable thing, or noxious or undesirable use shall be permitted or maintained upon any Lot or upon any other portion of the Project. If the Board determines that a thing or use is undesirable or noxious, that determination shall be conclusive. 7.34 Clothes Lines, Other Structures. No clothes lines or other structures of a similar nature shall be visible from any street or the ground level of any adjacent Lot or Common Area. 7.35 Common Drives. Common drives, walks (if any) and paths (if any) shall be used exclusively for normal transit and no obstructions shall be placed thereon of therein except by express written consent of the Board. 7.36 Building Height. Except with the permission of the ACC, no building height shall exceed thirty (30) feet, as measured from the lowest floor elevation of the house (either garage floor or living area floor) to the maximum point of the roof. 7.37 Storm Runoff. Each Lot Owner shall ensure that all roof down spout drains are properly cleaned and maintained, and that the Tight Line Drainage lines on each Lot are clean and free of any debris. Due diligence shall be exercised by each Lot Owner to prevent adverse impact of storm runoff onto down stream Lots. 7.38 Storm Detention Operations and Maintenance. It is the responsibility of the City of Renton to maintain the detention and water quality system and access roads located in Tract D. 17 ARITCLES COMMON EXPENSES AND ASSESSMENTS 8.1 Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the Project, hereby covenants, and each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein. Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless the lien for such delinquent assessments had been properly recorded prior to the title transfer or unless expressly assumed by them. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the Owner immediately prior to the date of any such sale shall be personally liable for installments that become due on and after said date. 8.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to the authority of the Board as set forth in Section 5.4.1, shall be fixed at a uniform rate for each Lot, except for assessments levied against an Owner for the purpose of reimbursing the Association for cost incurred in bringing the Owner or his/her Home and/or Lot into compliance with the provisions of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots owned by it. An assessment against a Lot shall be the joint and several personal obligation of all Owners of that Lot. 8.3 Initial Assessment Amount. Upon the sale of each Lot by the Declarant (whether to a builder or otherwise), each Lot Owner, at the time of his/her purchase of the Lot, shall pay an initial start-up assessment to the Association in the amount of$150.00. Such initial assessment shall be in addition to any annual assessment provided for in this Article 8 and shall be for the purpose of reimbursing the Declarant and/or Association for maintenance and operating expenses of and for the Common Areas during the initial development and house sales period. Notwithstanding the provision set forth above, the Declarant shall not be liable for any initial assessments assessed or due so long as Declarant owns any Lot. 8.4 Limitation on Annual Assessment Amount. 8.4.1 Board Authority. At any time after the sale of the first Lot by the Declarant (whether to a builder or otherwise), the Board shall have the authority, without obtaining prior approval of the Owners, to levy assessments in a given calendar year 18 totaling not more then $250.00 per Lot. Assessments included in the foregoing calculation shall not include any assessments which are levied against an Owner for reimbursing the Association for costs incurred in bringing the Owner or his/her Home and/or Lot into compliance with the provision of this Declaration nor any initial assessments provided for in Section 8.3. Notwithstanding the provision set forth above, the Declarant shall not be liable for any fees or assessments assessed or due so long as Declarant owns any Lot. 8.4.2 Annual Increase in Dollar Limit. The maximum dollar amount specified in Section 8.4.1 shall not be increased by more than fifteen percent (15%) without the approval of a majority of tbe Lot Owners voting at a meeting duly called for such purpose. 8.4.3 Owner Approval Required. Any assessment to be levied in a given calendar year which would cause the total of all assessments for the year to exceed the sum per Lot permitted by Section 8.4.1 and 8.4.2 shall require the calling of a meeting of the Association upon notice sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting, and the approval at such meeting of the levy of such assessment by a majority of the Lots represented at such meeting, provided a quorum is present as defined in the Bylaws. 8.5 Manner and Time of Pavment. Assessments shall be payable by each Owner in such reasonable manner as the Board shall designate. Any assessment or installment thereof which remains unpaid for at least fifteen (15) days after the due date thereof shall bear interest at an annual rate equal to fifteen percent (15% ), and the Board may also assess a late charge in an amount not exceeding twenty-five (25%) of any unpaid assessment which has been delinquent for more than fifteen (15) days. 8.6 Accounts. Any assessments collected by the Association shall be deposited in one or more insured institutional depository accounts established by the Board. The Board shall have exclusive control of such accounts and shall maintain accurate records thereof, provided, however, that the Board may exercise such control through a property manager retained pursuant to Section 5.4.2. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 8.7 Lien. In the event any assessment or installment thereof remains delinquent for more than thirty (30) days, the Board may, upon fifteen (15) days written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, cost, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim oflien may be recorded in the office where real estate conveyances are recorded for the county in which this Project is located. Such claim of lien may be filed at any time at least fifteen ( 15) days following delivery of the notice of default referred to above. The lien for payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as 19 provided in Section 11.1. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable with or without foreclosure or waiver of the lien securing the same. 8.8 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 8.9 Continuing Liability for Assessments. No Owner may exempt himself/herself from liability for his/her Assessments by abandonment of his/her Lot. 8.10 Records, Financial Statements. The Board shall prepare or cause to be prepared, for any calendar year in which the Association levies or collects any assessments, and shall distribute to all Owners, a balance sheet and an operating (income/expense) statement for the Association, which shall include a schedule of assessments received and receivable, identified by the number of the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolution authorizing expenditures of Association funds shall be available for examination by any Owner at reasonably convenient hours. 8.11 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien of his/her encumbrance. 8.12 Foreclosure of Assessment Lien, Attorneys' Fees and Costs. The Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs permitted by law. 20 8.13 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a claim of lien has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all other assessments which have become due and payable following the date of such recordation with respect to the Lot as to which such claim of lien was recorded, together with all costs, late charges and interest which have accrued thereon. An additional administrative fee of twenty-five dollars ($25.00) covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by the claim of lien shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purposes of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation and recordation of the claim oflien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. 8.14 Omission of Assessment. The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any current year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or any installment thereof for that or any subsequent year. The assessment and charge fixed for the preceding year shall continue until a new assessment or charge is fixed. 8.15 Assessment Deposit. A Lot Owner may be required, by the Board or by the managing agent, from time to time, to make and maintain a deposit of not more than the total of one (1) annual assessment, plus either one (I) special assessment if special assessments are payable on an annual basis, or three (3) special assessment installments if special assessments are payable on a monthly or other periodic basis. Such deposit may be collected as are other assessments and charges. Such deposit shall be held in a separate fund, be credited to such Owner, and be for the purpose of establishing a working capital fund for the initial Project operations and a reserve for delinquent assessments. Resort may be had thereto at any time when such Owner is ten (I 0) days or more delinquent in paying his/her assessments and charges, to meet unforeseen expenditures, to acquire additional equipment or services deemed necessary or desirable by the Board, or as a credit against any annual or special assessments to become due from such Owner. Said deposits shall not be considered as advance payments of annual assessments. All or any portion of such deposit may at any time be refunded to the Owner by the Association in the discretion of the Board, such refund being made as a cash refund or a credit against assessments subsequently to become due or a combination thereof. 8.16 Exempt Property. The follo\\ing property subject to this Declaration shall be exempt from the assessments created herein: 8.16.1 All properties dedicated to and accepted by a governmental entity, 21 • 8.16.2 All Common Areas, and 8.16.3 All properties owned by a charitable or nonprofit organization or an organjzation exempt from taxation by the laws of the state of Washington. However, the land or improvements, which are referred to in Sections 8.16.1, 8.16.2 and 8.16.3 and which are devoted to dwelling use, shall not be exempted from said assessments. 8.17 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 9.1.1, and notwithstanding the assessment limitation provided for in the Declaration, the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced. ARTICLE9 COMPLIANCE WITH DECLARATION 9.1 Enforcement. 9.1.1 Compliance of Owner. Each Owner, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association ( as the same may be lawfully amended from time to time). Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both, maintainable by the Board ( acting through its officers on behalf of the Association and the Owners), or by the aggrieved Owner on his/her own against the party (including an Owner or the Association) failing to comply. In addition, the Association may impose and collect fines as provided in Section 5.4.12 of this Declaration. 9.1.2 Compliance of Lessee. Each Owner who shall rent or lease his/her Lot shall insure that the lease or rental agreement is in writing and subject to the terms of this Declaration, Articles oflncorporation, and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under the lease. 9.1.3 Attorneys' Fees. In any action to enforce the provisions of this Declaration, the Articles of Incorporation or the Bylaws, the prevailing party in such legal action shall be entitled to an award for reasonable attorneys? fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action (including in any arbitration, on appeal or in any bankruptcy proceeding), in addition to taxable costs permitted by law. 22 9.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or Declarant's managing agent, as applicable, in any one or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Board. 9.3 Right of Entry. Violation of any of the provisions hereof shall give to Declarant, its successors, or the Association, the right to enter upon the Lot as to which such violation exists and to abate, correct and remove, at the expense of the Owner thereof, any erection, thing or condition that may be or exists thereon contrary to the provisions hereof. Such entry shall be made only after three (3) days notice to said Owner and with as little inconvenience to the Owner as possible, and any damage caused thereby shall be repaired by the Association. Declarant, its successors, or the Association shall not be deemed guilty of any manner of trespass by such entry, abatement or removal. 9.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies that may be available under law although not expressed herein. ARTICLE 10 LIMITATION OF LIABILITY I 0.1 No Personal Liability. So long as a Board member, Association committee member, Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence ( except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity, PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. I 0.2 Indemnification of Board Members. Each Board member or Association committee member, or Association officer, Association agent, or Declarant exercising the powers of the Board, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he/sh.e may be a party, or in which he/she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein 23 such person is adjudged guilty of intentional misconduct or gross negligence or a knowing violation of law in the performance of his/her duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is.not legally entitled, PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section 10.2 shall, however, be deemed to obligate the Association to indemnify any Member or Owner of a Lot who is or has been a Board member or officer of the Association with respect to any duties or obligation assumed or liabilities incurred by him under and by virtue of the Declaration as a Member or Owner of a Lot covered thereby and not as a Board member or officer of the Association. ARTICLE 11 MORTGAGEE PROTECTION 11.1 Priority of Mortgagee. Notwithstanding all other provisions hereof, the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor an any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages which were made in good faith and for value upon the Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtains possession of a Lot as a result of Mortgage judicial or nonjudicial foreclosure or deed in lieu thereof, such possessor and its successors and assigns shall not be liable for the share of any assessment by the Association chargeable to such Lot which becomes due prior to such possession, but will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Lot Owners including such possessor, its successor and assigns. 11.2 Effect of Declaration Amendments. No amendment to this Declaration shall be effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such Mortgage. Any provision of this Article concerning rights of Mortgagees that is inconsistent with any other provision of this Declaration shall control over such other inconsistent prov1s1ons. 11.3 Rights of Lien Holder. A breach of any of the provisions, conditions, restriction, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide Mortgage made in good faith and for value on any Lots, provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. 24 11.4 Change in Manner of Architectural Review and Maintenance Within Project. The Association shall not, without prior written approval of seventy-five percent (75%) of all first Mortgagees (based upon one (1) vote for each first Mortgage owned) and seventy-five percent (75%) of all Owners ( other than Declarant) of record by act or omission change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior appearance of Homes, the exterior maintenance of Homes, maintenance of walkways, fences and driveways, or the upkeep of lawns and plantings in the development, including the provisions of Articles 4 and 5 hereof. 11.5 Copies of Notices. If the first Mortgagee of any Lot so requests the Association in writing, the Association shall give written notice to such first Mortgagee of an Owner/Mortgagor of a Lot has for more than sixty ( 60) days failed to meet any obligation under this Declaration. 11.6 Furnishing of Documents. The Association shall make available to prospective purchasers, Mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. ARTICLE 12 EASEMENTS 12.1 Association Functions. There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. 12.2 Easements Over Common Areas. The Board, on behalf of the Association and all members thereof, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, shall have authority to grant (in accordance with applicable governmental laws and regulations) utility, road and similar easements, licenses and permits, under, through or over the Common Area, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project, provided, however, that no easement shall be granted within any Native Growth Protection Area or Native Growth Protection Easement. 12.3 Access to Public Streets. Each Owner and his/her guests and invitees shall have a perpetual, non-exclusive easement across all roadways constructed within the Project, thereby providing access throughout the Project and to public streets. 12.4 Utility Easements. On each Lot, easements are reserved as provided by the Plat Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, 25 , underground electric power, telephone, water, sewer, drainage, and accessory equipment, together with the right to enter upon the Lots at all times for said purposes. ARTICLE 13 TERM OF DECLARATION 13.1 Duration of Covenants. The covenants contained herein shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods of ten (I 0) years each, unless an instrument executed in accordance with Section 14.1 below shall be recorded, abandoning or terminating this Declaration. · 13.2 Abandonment of Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Project and without prior written approval of one hundred percent (100%) of all first Mortgagees (based upon one (1) vote for each first Mortgage owned) and one hundred percent (100%) of all Owners (other then Declarant) of record, seek by act or omission to abandon or terminate the subdivision status of the Project as approved by the governmental entity having appropriate jurisdiction over the Project. ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP 14.1 Declaration Amendment. Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment, except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if seventy-five percent (75%) of the Owners vote for such amendment or without any meeting if all Owners have been duly notified and seventy-five percent (75%) of all the Owners consent in writing to such amendment. Notwithstanding the foregoing, any amendment to a provision of the Declaration establishing, providing for, governing or regulating the following shall require the consent of seventy-five (75%) of all the Owners and seventy- five percent (75%) of all the Mortgagees and the consent of the Declarant (so long as Declarant owns any Lots): voting, assessments, assessment liens or subordination of such liens, reserves for maintenance, repair and replacements of Common Areas, insurance or bonds; use of Common Areas, responsibility for maintenance or repairs, expansion or construction of the Project or the addition, annexation or withdrawal of property to or from the Project, boundaries of Lots, converting of Lots into common Areas or vice versa; dedicating or transferring all or any part of the Common Area to any public agency, authority or utility, leasing of Lots; provisions for the benefit of the Declarant, provisions for benefit of first Mortgagees, or holders, insures or guarantors of first Mortgages, the interests in Common Areas; or imposition of any right of first refusal or similar restrictions on the right of an Owner to sell, transfer or otherwise convey a Lot, provided, that a Mortgagee who fails to respond in writing within thirty (30) days of a 26 written request to approve an amendment shall be deemed to have approved the request. In all events, the amendment when adopted shall bear the signature of the president of the Association and shall be attested by the secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate governmental offices where real estate conveyances are recorded for the county in which the Project is located. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein that may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. 14.2 Plat Map. Except as otherwise provided herein, to effect an amendment to the Declaration adopted as provided for in Section 14.1, the Plat Map may be amended by revised versions or revised portions thereof, provided that the revised version or revised portions reference the adopted amendment to this Declaration. Copies of any such proposed amendment to the Plat Map shall be made available for the examination of every Owner. Such amendment to the Plat Map shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in conjunction with the Declaration amendment in the appropriate governmental office where real estate conveyances are recorded for the county in which the Project is located. 14.3 Amendments to Conform to Construction. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 14.4 Amendments to Conform to Lending Institution Guidelines. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 14.5 Article 16 Amendments. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file such amendments to the Declaration and Plat Map as are necessary in the exercise of Declarant's powers under Article 16. Annexations provided for in Article 16 shall be approved and recorded as an amendment to this Declaration as provided in this Article 14. 27 ' . • ARTICLE IS INSURANCE 15.1 Insurance. The Board shall have authority in the exercise of its discretion to obtain and maintain at all times as a common expense a policy or policies and bonds of liability insurance and property insurance covering the ownership, use and operation of all the Common Area (and Common Area improvements), if any, including common personal property and supplies belonging to the Association; fidelity coverage for Association Board members (including Declarant), officers, employees or agents, and such other insurance as the Board may deem advisable or as may be required by the Federal National Mortgage Association, Federal Home Loan Mortgage Association, Veterans Administration or similar agencies or lending institutions. In the event of damage to or destruction of any part of the Common Area improvements, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs ofrepair or placement of the property damaged or destroyed, the Association may make a reconstruction assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other common assessments made against such Lot Owners. ARTICLE 16 ANNEXATION AND WITHDRAW AL OF ADDITIONAL PROPERTIES 16.1 Annexation and Withdrawal by Declarant. Although not obligated to do so, Declarant reserves the right to develop as single family residential subdivisions additional lands that would be in addition to and are nearby the land described in Exhibit A ("Additional Lands"). Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Project without the assent of the members of the Association, PROVDED, however, that the annexation of Additional Lands described in this Article shall be adjacent to the then existing Project. Such Additional Lands shall be deemed "adjacent" to the existing Project even if separated therefrom by land which (i) is owned by Declarant, the Association or the Lot Owners as tenants in common, or (ii) is owned by or dedicated to the public or a governmental agency or instrumentality, or (iii) is available for the use or benefit of the Association or Lot Owners by easement or otherwise, or (iv) is a public or private street, path, bicycle path, railroad track or other improvement or easement for public transportation or utility service. Although not obligated to do so, Declarant reserves the right to discontinue development of and withdraw from the Project any unplatted land within the Project, including any Additional Lands previously annexed, without the assent of the members of the Association. 28 • •• • 16.2 Non-Declarant Annexation. Annexation of Additional Lands other than Declarant annexations provided for in Section 16.1 hereof shall require the assent of the Owners, Mortgagees and Declarant as provided in Section 14.1 16.3 Common Areas Within Additional Lands. Common Areas within any Additional Lands subsequently annexed to the existing Project shall be available for the common use of all Owners of Lots within the existing Project as well as within such subsequently annexed Additional Lands. Likewise, Common Areas within the existing Project shall be available for the common use of all Owners of Lots within such subsequently annexed Additional Lands as well as within the existing Project. ARTICLE 17 MISCELLANEOUS 17.1 Notices. Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. Ifby mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received forty-eight ( 48) hours after a copy thereof has been deposited in the United States first-class mail, postage prepaid, properly addresses as follows: (a) Ifto an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws, or ifno such address is filed, then to the address of the Owner's Lot. (b) If to Declarant, whether in its capacity as an Owner, or in any other capacity, to the address which Declarant shall have advised the Board in writing. (c) Prior to the expiration of the Declarant's management authority pursuant to Section 5.2, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, from and after the expiration of the Declarant' s management authority, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner's purchase of a Lot. 17.2 Conveyance, Notice Required. The right of an Owner to sell, transfer, or otherwise convey his/her Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board or anyone acting on their behalf. An Owner intending to sell a Lot shall deliver a written notice to the Board at least two (2) weeks before closing, specifying the Lot being sold; the name and address of the purchaser, of the closing agent, and of the title insurance company insuring the purchaser's interest, and the estimated closing date. The failure of an Owner to properly give such notice to the Board shall not invalidate the sale: The Board shall have the right to notice the purchaser, the title insurance company, and the closing agent of the amount 29 < •• • of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. 17.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to the benefits of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. 17.4 Joint and Several Liabilitv. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shall be joint and several. 17.5 Mortgagee's Acceptance. 17.5.1 Priority of Mortgage. This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of this Declaration but rather shall be subject and subordinate to said Mortgage. 17.5.2 Acceptance Upon First Conveyance. Declarant shall not consummate the conveyance of title to any Lot until each Mortgagee ofrecord at the time of recording of this Declaration shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of Lots from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and acknowledgment that this Declaration is binding upon all of the Lots remaining subject to its Mortgage, provided, that, except as to Lots so released, said Mortgage shall remain in full effect. 17.6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 17.7 Effective Date. The Declaration shall take effect upon recording. 17 .8 Government Right of Access. Governmental entities shall have rights of access and inspection for the open space and any drainage facilities contained therein. 30 • •• IN WITNESS WEREOF TALBOT RIDGE ESTATES, LLC have executed this Declaration the day and year first hereinabove written TALBOT RIDGE ESTATES, LLC a Washington limited liability company By: ------------ STATE OF WASHINGTON COUNTY OF KING ) ) ) ss: I certify that I know or have satisfactory evidence the -----------is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute this instrument and acknowledged it as the MANAGER of TALBOT RIDGE ESTATES, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED ,200_ ------- Print Name: -------- NOTARY PUBLIC in and for the State of Washington, residing at My Appointment expires: _____ _ 31 , • • EXHIBIT A Legal Description of the Project Lots 1-22 of TALBOT RIDGE ESTATES as recorded in Volume of Plats, Pages_ through_, Records of King County, State of Washington, under Recording No. _______ _ 32 TALBOT RIDGE ESTATES FINAL PLAT PACIFIC NORTHWEST TITLE COMPANY PLAT CERTIFICATE ORDER NUMBER 686504 TITLE DOCUMENTS 20080609000252.00 'RETURN ADDRESS: John W. O'Neil 11711 Sil 8~ Street, Suite 310 Bellevue, WA 98005-3543 auu,111 ~H"Gii01 OF 003 QCD 44 'Bt GRANTOR: GRANTEE: LEGAL DESCRll'TION: !BIBS/2088 10 :3B •ING COUNTY, IJ!l QUITCLAIM DEED John W. O'Neil and Erika O'Neil, husband and wife Talbot Ridge Estates LLC, a Washington limited liability company N Y, NW Y. Gov. Lot 4, Sec. 5, Township 22 North, Range 5 East, W.M., in King County, WA. Full legal description below continuing to page 2 .. AsSESSOR'S PROPERTY TAX PARCEL/ACCOUNT NUMBER: 052205-9045-02 The Grantors, John W. O'Neil and Erika O'Neil, in consideration for all of the membership interests in Grantee, convey and quitclaim warrants to Talbot Ridge Estates LLC, a Washington limited liability company, the Grantee, the real property (the "Property") situated in the County of King, State of Washington, legally described below, and all after acquired title of the Gran tor therein, together with all fixtures, appwtenances to the Property, and all slreets, alleys and other public ways adjacent thereto, before or after vacation thereof. The real property conveyed by this deed is legally described as follows: The north half of the northwest. quarter of Government Lot 4, Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT 192nd Street and 102•d Avenue Southeast; ALSO EXCEPT that portion lying south of an existing fence, described as follows: E2349580 e,,ea,zeea 10:as KING COUNTY I UA TAX $!0,l0 PAGEoa1 OF 081 Sll~E $9,00 •• Beginning at a point on the west line of said northwest quarter 33.66 feet south of the northwest comer thereof; Thence south 00022'25" west along the west line of said northwest quarter 261.46 feet to said existing fence; Thence along said fence south 88'28'15" east 215.76 feet, south 88°47'51" east 299.07 feet and south 88°12'26" east and extension thereof!39.20 feet to the east line of said northwest quarter of Government Lot 4, and the terminus of said line. DATED this 8 day of June, 2008. GRANTORS: L· 20080609000252.DD: 20080609000262.00: STATE OF WASHINGTON COUNlY OF KIIIG J On this S day of June, 2008 before me, the undersigned, a Notary Public In and for the State of Washington, duly commissioned and swom personally appeared John O'Ne/1, to me known to be, or having shown satisfactory evidence of being, the Individual described In and who executed the foregoing Instrument, and acknowledged to me that he signed and sealed the said Instrument as his free and voluntary act and deed for the uses and purposes therein menlioned. WITNESS my hand and official seal hereto affixed the day and year in this ce~ificate above written. ,,11 11111,,,l ,,,, l!, "'"' ,,,, ~' ,1.\. •"'' ..... "'" ,, $ /!,4Zs10N (f,-..~Q '-;, ::~·~ ~ iJI ~ .. ,,,.,, ...._ - : "fO 1101,IJ!'i" "' : = K pUiLIC ,::-:: -;. 0 :-~ ~ ~~ ~ ~~ ... ~!.:1~:t.-~ ~0 $ . '11,1 OF W~r;,Y.~,,~ ,,,,,. ... ,,,, STATE OF WASHPNGTON ) J•• COUNTY OF ~I.NG ) On this~ day of J .Jil'Z-, 2008 before me, the undersigned, a Notary Publlc In and for !he State of Washington, duly commissioned and swam personally appeared Erika O'Nell to me known lo be, or having shown saHsfactory evidence of being, !he lndlvldual desc~bed In and who executed the foregoing Instrument, and acknowledged to me that she signed and sealed the said Instrument as her fme and voluntary act and deed for !he uses and purposes therein menUoned. WITNESS my hand and official seal hereto affixed the day and year In this certificate above wrttten. forM of !'• ' ·1 I i ~ 1 ') ! i ~ f.i l i !i = • • • " l 1 • ' . !1 KNOW ALL MEN BY TflESE PRl1SENTS: '" C:aHStcn::1114TiCIN CP' ,.,..,. 001..t..AflS ,.,. 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I ~ '1 z JO 15300 l~ ·-·····P,ov d ' . ~ ~ . ._ • -I " 10 -·-····----1b~ I 1 O i '"' p '• :no~oo.i:; 1 \; z ~ .t Is, % !: : ! ipi .~ Q C ' j I > I ,lh g :z: d • "" .... ' . \' -:•• . ,.. !:;:.-• • ' -:: "t: ) ' ' ... l 0: 2<1071026000641.001 RETYBNAAPBESS! Puget Sound Energy, Inc. AttentJon: RIW Department PO SOX 90S6B -=ST--O&W BELLEVUE, WA 98009 K, MCGILL •11111111 ~,,. ·~ .... ,.,mah nr .. K:l:NG COUNTY I 11A ORIGINAL EASEMENT •' REFERENCE#: GRANTOR: BELMONT HOMES, INC. GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: NW05-22W-05E ASSESSOR'S PROPERTY TAX PARCEL: 052205-900 For and Jn conslderallon of Ono OoUar ($1.00) and olhervaluabte collSlderulion in hand pafd, BELMONT HOMES, INC. A WASHINGTON CORPORATION !"Granto~ he,.ln), hereby convey, and wommls la PUGET SOUND ENERGY, INC"I a Wasfllngton Corporation ("Grantee .. herein), for the purposes herefoallet set forth, a nonexclusive perpe-lual easement over, under. along across end 1hrough the followln9 described real property ("Proper1y" herein) lt1 KING Counly. Wash!ng!on: THE NORTH HAU' OF THE NORTHWEST QUARTER OF GOVERNMENT LOT 4, SECTtON 5, TOWNSHIP 22 NORTH, RAN.GE 5 EAST, W.M., IN KlNG COUNTY, WASHINGTON; 1:XCEPT 192ND STREET AND 10Z'° AVENUE SOUTHEASTi ALSO EXCEPT THAT PORTION LYING SOUTH OF AN EXISTING FENCE, DESCRIBED AS FOLLOWS: BE.GINNING AT·A POINT Ot.l THE WEST UN EDF SA.JD NORTHW.EST QUARTER 33.66 FEET SOUTH OF THE NORTHWE:ST CORNER THEREOF: THENCE S0U1H 00"22'25'1 WEST ALONG THE WEST LINE OF SAID NORTHWEST QUARTER 281.48 FEET TO SAID EXISTING FENCE; THENCE ALONG SAID FENCE SOUTH 8,S-28'1$" EAST 215,76 FEET, SOUTH 88"47'61" EAST 299,07 FEET AND SOUTH 88"12'26" EAST AND EXTENSION THEREOF 139.2 FEET TO THE EAST LINE OF SAID NORTHWEST QUARTER OF GOVERNMENT LOT 4, ANO THE TERMtNUSOF SAtO LINE. Exeepl S$ may be olherwlse ·set rorth herein Grantee's rights shaQ be exercleed upon thet portlon of lhe_Property ("Easement Area~ heteln) described as follows: §ASgMENJ Ng, jo AU. STREEni AND ROAD 1i1GHTS-0F-WAY·(S0ffl PFIIVATE AND PUBLIC) AS NOW OR HER!AFTER DgS:IGHED 1 PLATTED, AN Of OR CONSTRUCTED WITHIH THE ABOYe DESCRIBED PROPERTY. (WHElt SAID 8TfU!m AND ROADS ARE DEDJCATEDTO THE PUBUC, TliJS CLAUSE SHALL BECOME NULL ANOVOID.) EASEMENT NO. 2. A STRIP OF LAND 10 FE5T IN WIDTH AeflOSS AU. LOTS, TRACTS AND OPEN SPACES LOCATED WITHIN 'Tl-IE ABOVE OESCRl8E.O PROPERTY BEING PARALLEL TO AND COINCIDENT WITH TH! BOUNDARIES OF SAID PUB UC STREETS AND ROAD RIGHTS-OP.WAY. EA§EMENJ NO, 3: A STRIP OF LAND 5 ~EET IN WIDiH ACROSS ALL LOTS1 TRACTS AND OPEN SPACES LOCATED WJTHIN THI! ABOVE DESCRIBED PROPEJtTY BEJN'G PARALU!l. TO ANO COINC-IOENT wrrH TH& BOUNOArueS OF ALL ALLEYWAYS AND PRIVA1C DRM:S. EAsS.,ENf No 4: AN WEMENT OVER lHE ABOVE c:esPn~.~OPERTY FOR VAULTS, PEDESJf-'lS AND RELA~D FACILITIES (11 VAUL T EASEMEITTS11 ) ADJACENT TO EAsEMENT AREA No. 3. THE VAULT EAsEMENT MAY OCCUPY UP TO AN ADDITIONAL 5 F.EET IN WIDTH {FOR A TOTAL WIDTH OF 10 FEET) WrTH THE. LENGTit OF EACH VAULT EASEMENT ~ENDING 6 FEET FROM BACH END OF THE AS-BU!l T VAJ.iLT(S) •. • ·· J . 1. Purpose. Granlee shall haJJe lhe right to use the Easement Area to construct, operate, maintain, f9palr, replace, Improve, rem""8, and enlarga one or more uli/ily systems far purposes af lransmlaslo!'I, dlslrlbuUon end safe of gas and electrlclty. Strch &~am may lnc:lude, b~ are not limiled lo: 00 Gas & 8etliic EQ8n'IGl'll 10l2(J03 10604699311070l0581 RW-066560 Page 1012 " 20071028000641.002 Underground t.u::IIIUes. Pipes, plpednes, mains, laler.ats. conduits, regulators and feeders for ga~ condull8, Jines, cablas, vaulls, awl!ehes and treru>formel"8 for electrtc:llyj fiber optic cable and Olhet l[nes, cables end facl!Jflea for communications: seml-burled or ground-mounted ractJIUes and pads, manhol&s, meter.s, fixtures. aUachmen1s and any and al olher facRltle& or appurtenances necess8fY or convenient to any or all of ihe foregoing. FoUowing the lnitfsl construction or all or a portron or Us syslems, Grantee may, fl'tlffl lime to time, eotmruel such eddltlonef fsclDdes as lt msy require for such s}'stema. Grantee shall have the right of access tC> Iha EBSemenl Area over and acrou lhe Property to enable Gran!ee to exert:lse ils rights hereunder. Grantee shall compensate Gral11orforanydamage lo the Property caused by the e>cerdseof cuch rtg'htof access by Grantee, 2. Eaaement Anta Clear Ing and Maintenance, Grantee shalt have the right to cul, remove and dispose of any and BIi brush, tnies or olher vegelaUon In lho Eat.fment Are-a Grantee shell also haue Ute rfght IO conlro~ on a continuing bl!SEI erv:f by any prudent end reasonable means, Iha eslabllehment and growth of brt.lsh. trees o, olher vegetation lo the Easemenl Area. 3. Grantor's Use of Easement Area.. Grantor reserves lhe right lo use the Easement Area for any purpose not Inconsistent Wiih the rtghls here!n [Jtanted, pruvl'ded, however, Granl-or shall not construct or maintain any buQdlng&. lilructUJes or other objects on the, Easement Atea end Grantor shaft do no blasting within 300 reel of Grantee's racllllies wfthaul G~tee·s prior written consent. 4. rndemnlty. Granteai agrees to Indemnify Grantor from and against Uabtllty Incurred by Granlor as a restill or Gran1ee'a negUgence In the exerelse of the tights herein granted to Grantee, but nolhlng he~n shell require Granlee lo lndenmlfy Grsntor for that por11on or any such llab!llty attributable 1o lhe negligence of Gnmlor or lhe negligence a, others. 6. Abandonment. Th.e rlghl& herein granted shan continue until such Ume as Gran1ee ceases to use the Eesemant Araa for a period or five (5) successlve years, In which eve.nt, DIis easement shaU termlnale end au rfglll& hereunder, and any improvemenls remaining In the Easement Area, shaD revert to or otherwise become the proper1y or Granlor. provfded, however, thel no ebandonmenl shsn be d4;1emed to have occurred by reason of Grantee's. fanure to ln!tlelly lnstall lls syslema on 1he Eesement Area within any period of lime from the dale hereof 6. Successoni: ancl Asslgne. Gran1ee shall have the right !o assign, apportron or otherwise trensfer any or a~ of its rights. benefit&, prlVllege$ and ln!eresls artslng In end under 1hls easement. Without Hmlting the generalily or Iha foregoing, the rlghls and obl!gatlons of the parties ehaU inure to the benefit of and be binding upon !heir respecflve aucces.sors i!nd assigns ~ DATED!h!o I J"I'-day o<..Q..&.\.vb:e<:" 2007. BY: STATEOFWASHrNGTON ) ).S COUNTY OF ) On U,la / 7~day of ~k,kc 2007, before me, the und~lgned e.blotasv PubUc in and for Iha Stale of Washlngloo,@y commissioned and sworn, perao Uy appeared l'S:>be?f y, M'Jet.:rzj , lo me known to be the l)erson who signed es ' of BELMONT HOMES, INC,, lhe corporation thal exeeuled lhe wlthln end foregoing lnslru, nl nd n owledged ssld tnslrument to be his/lier free end voluntary act end deed end \he free and voluntaw §Ct and deed of BEL.MONT HOMES. fNC, for the uses and pwpose& the'lllln menlloned; and on oath staled lhat ~ authorized ID execute the said lnslrumenl ori behalf or r;efd BELMONT HOMES, INC. lJG Gu & EleclrJc Euemant 1Dl2003 1D5046993l1D70305R1 RW-o66titlD PogeZuf2 Or~ Altg 19-56 4719476 Ord l!:i!:i7 An Ord ot the o1ty of lfflnton, lfllb1ngton, Da1tgn1t1ng a re1tnoted ana acj to 11'1 nt6T-NHrvoir II being witb1n Jur11d1oation of thadty tor 11741teofl.1.on ot 1ta uter aupplJ'·,·'· rrom pollut1on; dealarin~ 01zot11&11 aota to be a nuiaanoa; preaoribing aota oonet1tut1111 ottanae, aglHtt thapur1tr ot a water supply; andproviding peaaltiaa fin' the v1olaton tbrt Be 1t or .. ,., r,ed by the Mayor and oity 0011noil ot th'llCity or Rent· ,11 &lotion I, For thepurpoaaor protecting th• wa1ier rarniehed to the 1nhab1tanta or the Citr ot Renton a!ld Dither from pollution, and for the preaervat1on alld proteot1on of the 1111 pur1tr or the City's wat1r 1uppJ¥, 1ot1!11!; plll'111&nt t1> ohapter 22'( or law, 11f 1907 and R,C-, W, 35,88.010 and •. 35,88,090 incl, tho City ot Renton brby deolana Jur1acUot1o uver the real pty hr1nbelD1f deaod, and deolare1 1d pty 1ub to the re1tr1ot1onM impoaed bJ' aro~ad lawa and by tbia ord, ad pty being oooup1ed by or &di and dra1n1ng to tbe . worka, reaervo1r1, 1yate111J!, branuhe1, pip1e, 1pring1, nreeka, tributariea and 1tream1 auv zllir and below ground, trill lfOh or by aeana of woh the oity of Jl-enton obt111·ri1,. 10.:i•lllal/ea, ,t1>~•• and tran1porte water fui-ni1hed totlle inhabltantt of the oity and adJ arose ~uppl~ed_with w1t1r •Jut111111a tie muniuipll water 1y11tem or the dty J 1d pty b!Pj, • •• • • 4719476-2- Beg "t the inter seotlon of tile B l!I of 96th Ave $ and ui the N ln of tp 2~-5 BIii!; th B alg the N ln of ad tp 22 N to the W ln of 11Ath Av• BB produoed NJ th 8 alg the W ln of 104th Avm SB produced N to the N ln or SW 200th St; th W al; the N lr, or 8JS 200th St to Ile E ln or 96th Ave S; th Nly 11, the Eln of 96th Ave 8 totbe N ln of tp 22N, be.lni{ the pob II ll 111t in tp 22-5 KWN, smotion II. Th~ ••t1bli1hment or maintenance of any alaughter per,a, a&o~I: l'aed!t'ng yard1, hog pens, or the depo1it or me1nt~nano~ of any uncleanly o~ unwno1-aoae aub1lenoe, or the conduct of any bu11neaa ur oooupatton, upon the pty hrlnabv d~•cd, er the ~reatlng or allowlr.g or any cund1t1on upon 11dpty or :uffloienuy nHr 1d pty to oauae the at'ore1d city wata1• 11upply to bepolluted or the purity of ad 11ater or •n;· ; .,;·t thuf LO bl! <ll'at,•,,y .. d or endangered, 11 hrby prohibited and dec,nnad to be unlawr•l, and la hrby fllf'ther declared to be and conetltute • nuiaanoe. · Saotlon Ill. Any per•on, firm or oonioration w~u shall do, e1tabliah, :11111ntain, or create any nf ~n• thing, or oonditiuna hrby prohibited, or 1hall :u any or 1M thing, hrby deolared unlewful, 1hell be jetl!Nld ;u1lty or oraatina and illa1nta1n1ng I nuiaancie, and llhall tW'ther be. guilty or.,· a mlademeanor; and any auah peraon, t1rm or oorporation . (oon't)ree • • • •• 4719'176-3- 1h1 ll be aub to ~~01eoutlon tor o ... 1illll end/or .. 1nt11n1hl 1uoh nu11anoe 111d/or ror ooaatttlng auoh mild1m11nor, and uron conv1oat1on tllrot lhall be pun11h1cl 117 11 fine 1n 1117 IWII up to Ooo or by .!11prhnn•nt 1n lie oity J11l tor any perlod up to JO dyu or by both auoh Una Incl 1apr11on..nt lleotlon IV. Thl1ord, in tbe det1n1ng otJIU'11dio1tion and reatrloted area hrln, 1h11l not be deemed or oonai.,·ued to be in derugatlon or 11m1t~tton ot an,v Jur1ad1ot1on, ratrna, proh1b1t1ono, righta, P"•r• or III area, allll th otherw1ae ex1at1ng under 1111y prov111on1 o! ll!W. 8eot1on v. Thia ord ahall be inl'ull force IHld err ~omand atter 1t1 p11a1ge, approval Ind publloation. Passed by the oity oounoil th11 Aug 7-5b Rlton L, All/Xander City olk Approved by the Mayor th11 AUS 7-~! · Joe R. Baxter, Mayor Approved as to r~rm, Gerard M. Shellan, olty atty dt of publloiation AUg 16-56 Ml to Haug1n & Shel lan, BOX 6?.b, Rent·on, Wn •RBS• ~~i4!5g 6 {TeX pd: Ho 230424) lr1 I 't 4 1 "7 ,- 01 l!ltlrt John1on, exeoutor of tie Htot' #elm I To Otto P. Han1en and V1rn101 lfln11n h oy• and waro Lnt. 0 blk 114 of Oilman Park 3 of plat1pg 40 1ub to an e1mt for 0D111111ty dr1veW8J' t&W the l'igbt ,o improve repair and 11alntain th• ,.., OVII' tlle B i " 111'1 of th4pty hr1n d11ot1, a~ sd drlvewq 1e •-'•bl111!.1d Mn a ,tone wall and tht houH tgw a like eut ovar tll1 If s rt or lot 10, adJ thepty hr1n de1od, 111d drivewe, 11 100 b~wnthe hou1e and 1t2f!e wa1i, 11 ore1ttd b1 tn1tr fld Apr 2-48 11 fl Ho 376885; xon ok 11,,ept aok ind only Nl to Ro11111n1 • Br1111b1ok 1111 8111'11 !owtl' i Return Address: King County Fire District #37 24611116 1h Ave SE Kent WA, 98030 · 111111,-·-· . -2001021Jlf llllll SNURE A 020 PAGE001 OF 008 ~o 37 .oo 02/13/2007 10:SS KING COUNT\', IJJI 20070213001020.00 Please pri•I or l)>pe Information WASHINGTON STATE nECORDER'S Cover Sheet (RCW 65 04) Document Title{s) (or transactions contained therein): (all areas applicable to your document.!!!.!!!! be filled In) MITIOATION AGREEMENT Reference Number(s) of Documents assigned or released: NIA Additional reference /l's on page __ of document Grantor(s) JWOLLC Grantee(s) (Last name frrst, then first name and initials) KING COUNTY FIRE PROTECTION DISTRJCT NO. 37, a Washington special pUIJlose district Legal description (abbreviated: I.e. lo~ block, plat or sectlo'l, township, range) See attached Exhibit A of tl1is document Assessor's Property Tax Parcel/Account Number D Asses,or Tax # not yet assigned 0522059045 The Auditor/Recorder will rely on the information provided on the fonn. The staff will not read the document to verllv the eccuracv orcomnleteness of the indexln• information nrovided herein. ·1· KING COUNTY FIRE MITTClATION AGREEMENT ORIGINAL 20070213001020. VOLUNTARY MITIGATION AGREEMENT This Voluntary Mitigation Agreement (" Agreement'') is made and entered into this 24 day of January, 2007 by and between JWO LLC and King County Fire Protection District No. 37, a Washington special purpose district (the "District''). RECITALS A. JWO LLC proposes to develop certain portions of King County on a site located at SE 192"d & 102 Ave SE, Renton, WA 98058. The proposed development would create 27 lot(s) for detached single-family dwellings, together with any recreation and open space tracts on said property (the "Development"), The legal description of the property affected by the Development and this Agreement is set for on Exhibit A hereto and incorporated herein by this reference. B. The Development will be located within the boundaries of King County Fire Protection District #3 7. C. The District holds the opinion that the Diivelopment would present a significant threat to public safety on the basis that without this Mitigation Agreement, the District will be unable to provide an adequate level of service according to accepted industry standard and the Districts adopted level of service to the Development and its residents. D. JWO LLC and the District have reached agreement on mitigation measures that would enable the District to provide acceptable fire and emergency medical services to the Development and assist the District in obtaining its goal of providing acceptable fire and emergency medical service to the areas within its jurisdiction as they develop. Now, therefore in consideration of the mutual promises contained herein, and for the benefit of the public generally, the parties agree as follows: AGREEMENT: J, The District shall be paid the sum of Six Hundred Ninety-Eight ($698.00) Dollars for each approved (as recorded by King County) detached single family dwelling (each a "Lot'') within the Development (the "Fire Level of Service Mitigation Fee"). Payment of the Fire Level of Service Mitigation Fee is not a prerequisite to final plat approval by King County. Rather, it shall be payable as follows: · a. One hundred percent (100%) of the Fire Level of Service Mitigation Fee {Six Hundred Ninety-Eight ($698.00) dollars per lot), shall be paid to the District ·2· KINO COUNTY FIRE Ml IIGATION AGREEMENT 20070213001020. within three (3) business days of King County issuing Final Plat Approval for the Development. For the purposes of this Agreement Final Plat Approval shall be deemed issued when all required authorizing signatures have been applied to the final recording documents. Recording documents are those docwnents required by the King County Assessors Office for the legal recording of the land division that forms the Talbot Ridge Estates Plat occurring on the land parcel legally described herein in Appendix A. b. Notwithstanding the foregoing, as to any unit that contains an approved fire sprinkler system, the Fire Level of Service Mitigation Fee shall be Four Hundred Eighty Eight and 60/100 Dollars ($488.60) rather than Six Hundred Ninety-Eight Dollars. 2. In the event of litigation concerning the terms of or performance under this agreement, the prevailing party, in addition to costs, shall be entitled to reasonable attorney's fees as determined by the court, 3. Payments not made at the time provided above shall be charged interest from the due date until the District receives the payment at the rate of I% per month. 4. The District agrees that the voluntary payment of the Fire Level of Service Mitigation Fee will enable the District to provide reasonable fire protection services to the Development and will assist the District in obtaining its goal of providing acceptable fire and emergency medical services to other areas within its jurisdiction as such areas develop. The District further agrees this Agreement shall constitute evidence that JWO LLC has made appropriate provisions for the public health, safety and welfare and to the best of the District's knowledge is in compliance with King County codes and planning policies pertaining to the provision of public services. Accordingly, the District hereby withdraws ifs objection to the proposed Development and agrees to simultaneously execute any other documentation required by the applicable King County Staff member or Hearing Examiner to evidence such withdraw. 5. This Agreement shall be submitted to the King County Hearing Examiner or other appropriate land use authority upon execution and may be recorded by either party. The District agrees to execute any documents necessary to clear this Agreement from title upon payment of the Fire Level of Service Mitigation Fee as provided for above. 6. All provisions of this Agreement, including the benefits and burdens set forth herein, shall run with tho land and are binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. -3- KING COUNTY FIRB MITIOATION ACJREEMENT 20070213001020.I 7. This Agreement shall be construed and enforced in accordance with the laws of the State of Washington without regard to its conflict of laws provisions. 8. Toe duty owned by the District is a duty to the public generally. This Agreement is not intended to create a "special relationship" as that term is commonly understood under the Public Duty Doctrine. 9. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of such counterparts, when taken together, shall constitute one and the same instrument. JWOLLC KING COUNTY FIRE PROTECTION DISTRICT NO. 37, a Washin on special purpose district BY:•.tL.L_~~~-"*'-/-J'-/-!06J_ B Title: District Secretary Date: \ -'2A -0'7 Date: / -2 0 ·O 7 KINO COUNTY FIRE MITIOATION AGREEMENT 20070213001020. STATBOFWASHJNGTON J ) ss. COUNTY OP KING J On this ~ day ofV'ihfMJM__, 2007, before me. the State of Washington, duly commissioned anJJ,;om personally appeared known to me who executed the foregoing instrument, and acknowledged,"th'e__;sal~dV-.!"lrum'-en~t ,UtoJ!biae-!,th'e-:fre:--o-an-d'""v-o,-lun-tary:-' act and deed, for the pUJJ)oses therein mentioned, and on oath slated that he/she was aulhorized to execute said instrument 1 certify that I know or have satisfactory evidence thai the person appearing before mo and making this acknowledgment ls the person whose true signature appears on this document. WJ~~~m'. hand and official seal hereto a xed the day and ear in the oertiftoate above written . ._,,,,\\. Mli.''1,,,. ~~ :-\'" .... " ..... ~a ~ ~ ~ ~/~,\ON ~,(?ft~ s,·gnature ~ ;!:1'.f¥ v· ~ :Ot ~ : Cvi [ f I\Mtz:oS :: U tUB~\C :;e: ~~f"-+k!A'+"-~-·---~--,:.. o :: Print Nam~ ".:,,'J,IJ, .. '!?~',.~ *°c!j NOTARY PUBLIC in an.W'of ~,,/" Op W~"o~~,,," Washington, residing at ~',111111111\\ My commission expires ~ • STATE OF WASHINGTON ) ) "· COUNTY OF KING ) On this~ day o~iefore me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Linda Y. Mock, lmown to me to be tho Board Secremry of KING COUNTY FIRE PROTECTION DISTRICT NO 37, the Washington special pwposa district U1at executed the foregoing lnstrumen~ and acknowledged the said instrument to be the free and volunta,y act and deed of said distrlc~ for the purposes !herein mentioned, lllld on oath stated that he/she was authorized to execute said instnunenl I certify that I know or have satisfactol)' evidence dlat the person appearing before me aad making this acknowledgment Is the person whose true signature appears on dlis document. WITNESS my hand and official seal h~ret KlNO COUNTY FIRE MITIGATION AGREEMENT 1gna qfe L ;1do.. J<. Print Name NOTARY PUBLIC in and for the State of Washington, residing at (\,w:1.:on . My commission expires \;!-l'H11 . 20070213001020. Exhibit A Legal Description The north half of the northwest quarter of Government Lot 4, Section 5, Township 22 North, Range 5 East, W.M., In King County, Washington; EXCEPT 192nd Street and 102"" Ave Southeast; ALSO EXCEPT that portion lying south of an existing fence, described as follows; Beginning ala point on the west line of said northwest quarter 33,66 feet south of the northwest corner thereof; Thence south 00°22'25" west along the west llne of said northwest quarter 261.46 feet to said existing fence; Thence along said fence south 88'47'51• east 299.07 feet and south 88°12'26' east and extension thereof 139.20 feet to the east line of said northwest quarter of Government Lot 4, and the terminus of said llne KING COUNTY FIRE MffiOAllON AGREEMENT Return To: East&ide COim11ercial Bank 3326 160th Avenue SE, 1101 Bellevue. WA 98008 11111111111111· 111 2007032600273 PACIFIC I TIT DT ., ... ..... ~ ... 0a,zs sa:et KING TY, UA This Space Provided for Recorder's Un 20070326002736.001 When Recorded Return to: Eestslde Commercial Bank, 3326150th Ave SE, Ste 101, Bellevue-. W .. hington9B008 @!11 l9/!]\!VT-lP"1 rV//J/-r DEED OF TRUST (With Future Advance Clouse) Grantor(s): Belmont Homes, Jnc. Grantee(s): Eastslde Commercial Bank, N.A. legal Description: NW l/4, 05~22-05 Assaswr's Property Tax Parcel or Account Number: 062205-9045-02 Ref-&rence Numbe,s Of Documents Assigned or Released: DATE AND PARTIES. The date of this Deed Of Trust (Security lnstrumeht} Is March ~1, 2007. The parties and their addresses ere: GRANTOR: BELMONT HOMES, INC. A Weshlngta-n Corporation PO Box 2401 Klrkland, Washington 88083 TRUSTEE: PACIFIC NORTHWEST TITLE COMPANY OF WASHINGTON, ING. a Corporetfon 215 Columbia Streat Seattle, Washtngton 98104·1511 LENDER: EASTSIOE COMMERCIAL BANK, N .A. Organized end existing under the Jaws of the United States of America 33213 160th Ave SE, Suite 1 O 1 Bellevue, Wa-shlngton 98008-641 B 1. CONVEYANCE. For good end valuo.ble consideration, the recelpt and sufficiency of which Is eeknowledged, and to secura the Secured Dtibts end Grantor's performance under thls Securl1y lnstrum~t, Grantor Irrevocably grants, convoy:i and setJs to Trustee, In uuin: for the benefit of Lender, with power of sale, the fol!owlng described property: The north halt of the northwest quarter of Govemmen1 Lot 4, Section 6, Township 22 North, Rang-a 5 East, W.M., In King County, Washington; EXCEPT 192nd Street and 102nd Avenue Southeast; ALSO EXCEPT that portion lying south of en e)(istlng fence. descniied es follows: Beginning at a ~lnt on the west line of said nonhwein quener 33,66 feet south of the nonhwast comer thereof; Thence south 00degrees22'25~ west along the west line of said nonhwes.t quaner 261.46 feet to Hid exl5tlng fence; Theni;e along tald fence south 88degrees28' 15 • east 216-76 feet, south 88degrees47'61 n east 299.07 feet and south 8Sdegrees12'26" east end extension thereof 139,20 feet to the east llne of 1tald northwest quarter of Government Lot 4, end the terminus of said line . .INO,lLC Wnllln1J11M1 Dud Clf TFIIII WA/4XJ(X)(JlnOOOODOOOOSIS85014032207Y The property Is loeeted In King County at 19200 102nd Ave: SE, Renton, Weshlngton 98055. Together with aU righta, easements, appurtenances, royeltles, mineral rights, oil and gas rights, ell water and riparian rights, wells, ditches and water stock, crops, timber. ell diversion payments or third party payments made to crop producers and all existing and future lmprovements, structures1 fixtures, and repleeements that may now, or at any time In the ruture, be part of the real estate described (all rehmed to as Property). This Security Instrument will remain In effect until the Secured Debts and all underlying agreements have been terminated In wrltlng by lender. 2, SECURED DEBTS. The' term "Sticured Debts" includes end this Security Instrument will secure aach of the followfng: A. Speclflc Debts. The following debts and ell extensions, renewals, refinanclngs, modlflcatlons and repfacemants-A promissory note or other agreement, dated March 21. 2007, frQm JWO, LLC !Borrower) to Lender, with a loan amount of $4,290,000.00. Ooe or more of the debts secured by this Security rnstrument contains e future advance provision B, All Debts. All present end future debts from JWO, U.C to lender, even If this Security Instrument ls not speel1fcaUy referenced, or if the future debt Is unrelated to or of a different type-than this debt, If more than one person signs thls Security Instrument, each agrees that It wlll secure debts Incurred either indivldua11y or w!th others who may not sign this Security Instrument, Nothing In this Security Instrument constitutes a commitment to make edditloner or future loans or advances. Any such commitment must be In writing. In the event that Lender falls to provide any required notice of the right of rescJsslon, Lender wahles any subseQUent security Interest In the Grantor's prlnclpal dwelllng that ls created by this Securlty Instrument. This Security Instrument will not oect1re uny debt for which a non• possessory, non-purchase money security in1erest la created In "household goods" In connection with a •consumer loan,~ as those terms are defined by federal law governing unfelr arid deceptive credit ~r~cllces. Tills Security Instrument wlll not secure any debt for whfch a securitY Interest Is created in "margin stock• and Lender does not obtain a •statement of purpose,• es defined and required by federal law governing securttles. C. Sums Advanced. All sums advanced end expenses Incurred by lender under the terms of this Security Instrument. 3. PAYMENTS. Granter agrees that al! payments under tha Secured Debts wlll be paid when due and [n accordance with the terms of the Secured Debts and this Security Instrument. 4, WARRANTY OP TIRE, Grantor warrants that Grantor Is or wm be lewfuUy seized of the estate conveyed by this Security lnstrumont and has the right to irrevocably ,grant, convev encf sell the Property to Trustee, In trust, with power of sale. Grtintor also w.arrants that the Property Is unencumbered, except fot encumbrances of record. 6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other Hon document that created e prior security Interest or encumbrance on the Property, Grant or agrees: A, To make ell payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Grantor receives from the holder, C. Not to allow any rnodlflcetlon or extension of, nor to request any futur.e advances under any note or agreement secured by the lien document without Lender's prfor written consent. 6. CLAIMS AGAINST TITLE, Grantor will pay at! taxes, assessments, liens, encwnbrances, lease payments, ground rants, utllltles, and other chorges relating to the Property when due.. Ll!nda.r may rec:iulre Grantor to provide to Lander coplas of all notices that such amounts are due end the receipts evidencing Grantor's. payment. Grantor wlll defend tltle to tha Property against any clalms that would Impair the Hen of this Security lm1trument. Gran-tor agrees to assign to Lender, as requested by Lender, anv rlgllts, claims or defenses Grantor may have against parties who supply labor or materials to maintain or Improve the Property. 7. DUE ON SALE OR ENCUMBRANCE. lender moy, at Its option, declare the entrre bahmce of the Secured Debt to be fmmedlacelv due and payable upon 1he creation of, or contract for the creation of, any hen, encumbrance, transfer or sole of all or lllllV part of the Property. This rrght Is aubjectto the restrlctians Imposed by federal law [12 C.f .R. 591h as applicable 8. TRANSFER OF AN INTEReSi IN THE GRANTOR. If Grentor Is an entity other 1han e natunll person (such as a corponnlon or other organization}, lender may cfemand Immediate payment if: A. A benenclal Interest 1n Grantor ls sold or transferred. B. There Is a change In either the identity or number of members of a partner.ship or slmllar entity. C. There Is a Chenge In ownership of mora thah 2B percent of the voting stoek of a ,corporation or slmllar entity. lnillal• 0 19913 8anko•• Srttem,, Ing , St Cloud. MN' ~ Poge 2 zoo·gcao09ZCOLOOZ 20070326002735.003 However, Lender may not demand payment in the above situations If It Is prohibited by law as of the data of this Security !nstrument- 9. WARRANTIES AND REPRESENTATIONS. Grantor makes to Lender tha following warranties and representations whlr::h will continue as long as this Security rnstrument Is In effect: A. Power. Gnntor Is duly organized, and valfdly eldsrlng and in good standing tn all jurisdlctJone In which Granter operates. Grantor has the power and authority to enter Into this transaction and to cerrv on Grantor's business or ectlvlty as It Is now being conducted and, as appllr::able, Is qualified to do so In each jurtsdlt:tlon In which Granter operates. B. Authority, The execution,, delivery and performance of this Securlty Instrument and the obllgadon evidenced by this Security lnsttument are within Grantor'.s powers, have bean duJy authorized, have received all necessary govemmenU.I app,oval, wlll not violate any provision of faw, or order of court or govemmentsl agency, and wlll not vloJe1e any agreement to which Grentor Is a perty or to which Grantor Is or any of Grantor's properry Is subject, C. Neme and Plar;l!I of Buslness. Othet then previously disclosed In wrlt!ng to Lender I Grantor has not changed Gfanto,'51 name or p-rlnclpal piece of business withln 1he last 10 years and has not used any other.trade or fictrtlous name, Without Lender's prior written consent, Grantor does not and wlll not use any other name end will praseive Grantor's e>eistlng namit, trade names end franchises. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION, Grentor will keop the Property ln good condltfon and. make all repairs that ere reasonably necessary, Grantor wlU not commit or alftiw any waste. lmpa1rmeht1 or deterioration of the Property. Grantor wlll keep the Property free of noxrous weeds and gr.nsses. Grar.tor agrees that the nature of the occupancy and use will not substantially change without Lender's prfor wrttten con~nt. Grantor will not permit any change In ,;iny flcense, restrictive covenant or easement without Lender's prior written consent. Granter wUI notffy Lender of all demands, proceedings, clalms, and aotlorui ege!nst Grantor1 and of any loss or damage to the Property, No portlon of the Praµeny wlll be removed, demolished or materially altered without lender's prior written consent except that Granter has the dgh[ to remove Items of personal property comprising a pan of the Property that become worn or obsolete, provided that such personal p1operty Is replaeod with other personal property at least equal fn value to the replaced personal prc!Jerty, free from any titla retention devlce 1 security agreement or other encumbrance. Such replacement of personal property wiU be deemed subject to the security interest created by thls Security Instrument. Grantor will not partiticn or subdivide the Property with.out Lender's prior written consent. lender or Lender's agents may, at Lender's option, enter the Property .at any reasonable time for the purpose of illSpectlng tt,e Property. Lrmder WIii give Grantor notice at the time of or before an Inspection speclfy!1111 a f8aaon·able purpose for the Inspection. Any Inspection of the Property wm be 1;1n1lrely for Lender's benefit end Grantor w111 In no way rely on lender's Inspection. 11, AUTHORITY TO PERFORM. If Granter falls to perfom, any duty or any of the covenants contained In this Security Instrument, Lender may, without notk:e, perform or cause them to be performed. Grantor appolnte lender as attorney In faot to sign Grantor's name or pay any amount necessary for performance. Lender's right to ·perform for Granter will not create an obligation to perform, and lender's failure to perform will not preclude Lender from e)(etclslng any of Lender 1s other rights under the law or this securlty Instrument. If eny construction on the Property Is discontinued or not carried an In a reesonable manner, lender may take all steps necessary to protect Lender's security interest In the Property, Including completlon of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Granter Irrevocably oss/gns, 13rents, eonveys to Lender as ~ditlClnal security ah the right, title and Interest In the following IPropertyJ, A, Existing or future leeaas, subleases, llcenses, guaranties and any other wrilten or verbal agreements for the Use and occupancy of the Property, Including but not limited to any extensions, renewals, modlflcatioM or replacements {LeesesJ. B. Rent$, l.asues and profits, [ncludlng but not llmlted to $BCUrltv deposits, minimum re11ts, percentage rents, eddlrlonal rents, common area malntenanee charges, pel'ldng charges, real estate taxes, other appllceble taxes, insurance premium contrlbutfons, liquldated damages followlng dafaultz ,;encallatJon prnm[ums, "loss of rents• Insurance, guest receipts, r~vtinues. toyaltles, proceeds, bonuses, accouncs, contrnct rights, ganera1 lntanglbles, end an rights and claims which Glentor may have that in any way pertafn to or are on account of the use or occupem:y of the whole or any part of the Property (Rents>. In the event any Item lfsted as leases or Rents Is determined to ba personal propertY, thls Assignment wm also be regarded os o security agreement. Grentor wtll promptly provide lender with copies of the Leases and wur certify these leases ar-e trw and correct copies. The existing Leases will be provided on execution of the Assignment, end all future leases and any other Information with respec-t to these Leases will be provided Immediately after they are executed. JWO,LLC Wt1N!l;ton 0.•11 OC TRld WA/4XKXXIIMOOOOIOOOOOB!i88014032207Y lnltfal1 __ e1l1iSBtnkm1Syninns,1too.St Cloud.MN~ P~g•3 Grantor may collect, receive, enjoy and use the Rents so long as Grantor Is not In default, Grantor wUl not collect In advance any Rents due in future lease perlods, unless Grentor first obtains Lender's written consent. Upon default, Grontor wm r~ive any Rents In trust for Lender and Gnmtor wlTI not commingle the Rents with sny other lunds. Granter agrees that this Securlty Instrument Is lmmedlately effective between Granter and lender end effective as to third panlea on the recording of this Assignment. This Security Instrument will remain affective during any statutory redemption perfod until the Secured Debts are satisfied. As long as this Assignment Is In effect, Granter warrants end represents that no defa~t exists under the leases, and the pertles subJect to the I.eases have not vtorated eny applicable law ori leases, llcenses and landlords end tenants. Grantor, at its sole cost and expense, will keep, observe and per(orm, and require all other parties to the Lease, to comply wlth the leases and anv app!rcable law. 11 Gramor or any party to the Leas1J defaults or falls to observe any eppllceble law, Grentor wHI prompdy notify Lender. Jf Grantor neglects or refuses to enforce compOence with ths terms ot the Leases, then tender may, at Lender's option, 1mforce compliance. Grant or wlll not sublet, modify, extend, cancel, or otherwise alter the Leases. or accept the surrender of tml Property covered by the leases (unless the Leases so require) without Lend,ar1s oonsent Granter will not assign, compromlse, subordinate or encumber the Leases and Rents without Lender's prior written consent, lender does not assume or become U11ble for the Property's maintenance, deprecltitlon. or other losses or damages when Lender acts to mMage, protect or preserve the Property, except for losses l:lnd dama,ges due to lender's gross negligence or intentional torts Otherwise, Grantor will indemnify Lender and hold Lender harmless for all nabUlty, loss or damage that Lender may incur when Lender opts to exerclsa any of Its remedies against any party obltgeted under tho Leases. When the Property is not farm lend or the homestaed of Granter or Grantor's successor In interest. Gnmtor agrees that Lender is entitled 10 notify Grantor or Grantor1 s tenants to make payments of Rants due or to be<:ome dua directly to Lender after such recording, however Lender agrees not to notify Grantor's tenants until Grantor defaults and Lender notl1fes Grantor of the default and demands that Grantor and Gtantor's tenants i:,ay all Rents due or 10 becomo duo dlreetlv to Lende.r. Grantor consents to Grantor's tenants paying all Rents due or to become dua direct[y to Lender after Lender makes thls notlfleallon and demand to Granter When the Property Is farm land or the homestead of Grantor or Grontor'e successor In Interest, len-c:ler may not enforce this Security Instrument by tak.Jng: possession of the Property for the purpose of collecting Rents, but Lender may seek the ai:,pointment of e receiver to t1;1ke chargo of the Property, collect the Rents for" non-homestead ProJ)erty, end apply the Rents under thls Assignment, 13. DEFAULT. (3rantor wlll be In default If any of tha followlng occur: A. Pevments. Gtantor or Borrower fail to make a payment In full when due, B, Insolvency or BankNptcy, The death, dlssolutlon or insolvency of, appointment of a receiver by or on behalf of, apptlcJJtion of any debtor relief law, tho asslgnment for the benefit of creditors by or 011 behalf of, the voluntary or involWltcr; termrnatlon of &xlstenee by, or the commencement of any proceeding under any present or tuturo federal or state insolvency, bankruptcy, reorganiza1ion, composition or debtor relief law by or against Grentor, Borrower, 01 any co-s1gner, endorser, surety or guarantor of this Security Instrument or any other obllgotlons Borrower hes with I.ender. C. Business Termfnatlon, Gran tor merges, dissolves, reorganizes, ends Its bustm1ss or e,i:lstence, or a pattner or majority owner dies or Is declared legally Incompetent 0. Fa!Jure to Perform. Granter fails to perform any condttlon or to keep any promise or covenant of thls Seourlty rnstrument E, Other Oocuments. A default occurs under the terms of any other document relating to the Secured Debts. F. Other Agreements. Granter Is In defa1,1lt on any othet debt or agreement Grantor has with Lender. G. Mluepresentatlon. Grantor makos any verbal or written statement or provides any financial Information that ls untrue, inaccurnte, or conceals a material feot et the time lt"ls made or provided, H. Judgment. Grantor falfs to satisfy or appeel any fudgment against Granter I. Forfeiture. The Property is used ln a manner or fer a purpose that threatens confiscation by a legal authorlty. J. Name Change, Grentor chenges Grantor's name or as5Umes en additional name without notifying tender before making such a change I(. Property Transfer. Grantor transfers all or a substantial pert of Grantor's rnonay or property. This condltfon of default, as It relates to the transfer of the Property, Is subfeet to the restrictions contained !rt the DUE ON SALE section, [., Property Value. Lender determines In good faith that the value of the Property has declined or is lmi:,alred. JWO,W: WHHnQton O.ed DI Tnal W.V4XXXXl11itOOOOUOOODShGG1403:U07V 20070326002736:005 M. MaterfaJ Changa, Without first notifying Lender, there Is a material change ln Grantor's bustness, Including ownerahlp1 management, and flnenc1al conditions. N. lnncurlty. Lender determines In good faith that a muarlaJ adverse ohanga has occurred In Borrower's flnencla? condltion from the conditions set forth In Bonower's most recent financial statement befor.e the dilte of this. S~urJty Instrument or that the prospect for payment or performance of the Secured Debts ls Impaired for any reeS!ln. 14, REMEDIES. On or after default, Lender rnay use any end aJf remedies Lender has under state or federal faw or In any document refoting to the Secured Debts, Any amounts edvanced on Grantor's behalf wnJ tie Immediately due and may be added to the balenee owing undor the Secured Debts. lender may make a claim for any end ell Insurance benefits or refunds that may be· available on Grantor's default. Subject to any right to C\Jre, raqu[rad tlme schedules or any othe-t notice rights Grantor may have under federal end state law, lender may make all or eny part of the amount owing by the terms of the Sequred Debts Immediately due ahd foreclose this Security Instrument In a manner provided by law upon the occurrence of a default or ftnytlme thereafter. Alt remedies e.ra dlstlnct, oumulatlve and not excluslve, end the Lender Is entitled to all remedres provided at Jew or equlty, whether -or not expressly set fonh. The acceptant"e by Lender of any sum In payment or partial payment on the Secured Debts after the betance Is due or Is accelerated or after foreclosure proceedings are flied will not constitute e waiver of lender's right to require full end complete cure of any existing default By not exercising any remedy, Lender does not wafve Lender's right to later conslder the event a default If Jt continues or happens again. 16. COLLECTION EXPENSES ANO ATI"ORNEYS' FEES. On or after Default, to the extent permitted by few, Granter agrees to pay all expensGS of conectlon, enfotc::emant or protection of Lender's rights and remedies under thls Security Instrument or any ather document relating to the Secured Debts. Grantor agrees to pa.y expenses for lender tc Inspect and presern the P1operty and for any recordetlon eosts of releasln9 the Property from this Security Instrument. Expenses Include, but are not llmlted to, attorneys' fees, eaurt costs and other legal expenses. ~e expenses are due end payable Immediately, If not paid immediately, lhese eJpenses wlll bear Interest from the date of payment until peld in full at the highest Interest rate In effect as provided for In the terms of the Secured Debts. In addition, to the extent permitted by the United Starns Bankruptcy Code, Grantor agrees to pay the ,aasonable attorneys' fees Incurred by lender to protect lender's rlghtg and Interests fn conneodon with anv bankruptcy proceedings lnltleted by or agelhst Grantor. 16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used In this section, (11 Envlrontnat1tE1I Law means, without !imitation, thB Comprehensive Environmental Response, Compensation and llabffity Act {CERCLA, 42 U.S.C. 9601 et seq.I, nit other federal, state end local laws, raguletlons, ordinances, caurt orders, attorney general opinions or Interpretive letters concern3ng the publlo health, sufaty, welfare, envlrontnent or a hazardous substance; and C21 Hazardous Substance means any toxrc, radioactive or hazardous rnacerlel, waste, pollutant or contsmlnant which has chara.cterlstlcs which render the substance dangerous or potentlaUy dangerous to the public health, safety, welfare Qf environment. The 1erm Includes, without llmitation1 any substances defined as "hazardoui;; material," "toxic substance,• "haurdous waste, n •hazardous substance," or "regulated substance" under any Environmental law. Granter represents, warrants and agrees that: A, Except as prevtously disclosed and ecknowt&dged In writing 10 Lender, no Hazardous Substance has been, is, or wlll be located, transponed, manufactured, tra&tad, re11ned, or handled by any person cm, under or about the PropertY, except In the ordinary course of business and fn strict complfnnce with all ~ppllcable Environmental Lew. IJ. Except as prevlouslv dlsclosed and acknowledged In writing to lender, Grantor has not and will not cause, contribute to, or permit the refenGS ot any Hazardow, Substence on the Propeny. C. Granter wlll immediately notlfy Lender if 11 l a release or threatened rele8.!1e of Hazardous Substance occurs on, under. or about the Property or migrates or threatttns to migrate from nearby property; or (2) the"re Is a vlalarlon of any Environmental Law co11cernlng the Property. In SUQh an event, Granter will take all necessary remedlal action rn accordance wi1h Environmental Law D. Except &!I r:ireViously dlsclosed and acknowledged rn writing to bnder, Gnnrtor heia no knowledge of or reason to belleve there Is any pending or threatvned lnvesdgatlon, claim, or proceeding of anY kind relating: to ( 1) eny Hanirdous Substance located on, under or about the Property; or 12) eny violation by Grantor or any tenant of any Envlronmental Law. Grentor WOI Immediately notify Lender In writing es soon ae: Grantor has reascn to beUeve there fir any such pending or thraetened Investigation, claim, or proceedJng. In such an event, lender has the right, but not the obffgatlon, to pcrtlclpa1e In any suc:h proceeding. lncludfng the right to receive ce>pies of any documents relating to such proceedings. JW<J. w: WDlhl!IQton DHd 01 Trvlll WAt4XXXXl1110000690DD0568.!E01403l!207Y E. Exeept as previously dlsdosed and acknowledged In writing to Lender, Grentor end every tenant have been, are and wm remain in full compliance with any appllca.ble Envlronme11tal Law~ F, Except as previoualy disclosed and acknowled1:1ed in wrldng to lender, there are no underground storage tanksi private dumps or open wella located on or under the Property and no suoh tank, dump or well wm be dded untess Lender first consents In wrltlng. G. Granror win regularly Inspect the Property, monitor the actMdes end operations on the Property, and connrm that alt p&rrrilts, licenses or approvals requlr&d by any applicable Environmental law are obtalned end complied with. H, Grantor wlU permit, or cause any tenant to permit, lender or lender•s ag,mt to enter and inspect the Property end review all records .e.t any reasonable time to detennlna {1t the existence, locetlon end nature of any Hazardous Substance o~ under or about the Property; (2} the exlstence, location, nature, end magnitude of any Hazardous Substance, that hes been released on, under or .ebout the Property; or l:3) whather or not Grantor and any tenant ere In compliance with epp\lcabla Envlronmcntal lew, I. Upon lander's request and at any time, Grantor agrees, at Grantor's expense, to engage a quallfled environmental englne&r to prepara an envlronmental audit of the Property and to submit tha results of such audit to Lender. The chorea of the environmental engineer who wlll perform wch audtt bi subject to Lender's approval J. Lender has: the right, but not the obligatlon, to perform any of Grentor's obrlf:latlons under this section at Grantor's expense, K, As a consequenco of en.y breach of any representation, warrl!!flty or promise made In 1hls section, 111 Grantor wtU Indemnify und hold Lender and lender's successors or assigns harmless from and against alt losses, claims, demands, liablntles, damages, cleanup, response and remediation c.oltts, penalties and expenses, inctudlng without limitation all costs of llligatlon and ettorMy.s' f.ees, which Lender end Lender's successors or assigns mav sustain: and {21 at lender's cflscJatfon, lender may release this Security Instrument and in re-tum Grantor will provide lender with collateral o( at least equal value to the Propertv without prejudice to any of Lender's rights under this Security Instrument L. Notwithstanding any of the language contained ln this Security lns1rument to the conuary, the terms of this section wlll survive eny foreclosure or satisfaction of this Security Instrument regardless of any passage of title ta lender or any disposition by Lender o1 any 01 all of the Property. Anv claims and deferis~s to the contrary are heraby wahred. 17, CONDEMNATION. Granter wlll give Lender prompt notice of any pending or threatened action by prlvate or publlo entftles to purchase or take any or all of the Property through condemnation, emlncmt domarn, or any 01her means. Grantor authorizes Lender to lotervena in Grantor•s name In any of the above described actions or claims, Grantot assigns to Lender the proceeds of any award ot claim for damagos connected with a condetnnatfon or other taking of all or any part of the Property, Such proceeds wlll be considered payments and wm be applied as provided In this Security Instrument. Tflls ,;1sslgnment of proceeds Is subject to the terms of any prior mortgage, deed of trust, security agreement or other lten documcnt- 18, INSURANCE. Granter agrees to keep 1he Property Insured a;alnst the rh;ks reasonably associated with the Property, Grantor will maintain this Insurance ln the amounts Lender requires., This insurance wlU lest until the Property is rcleiised from thls Security ln:strt11Tient. What lender requires pursuant to the preceding two sentences cen cht1:nge during the term ot the Sec:llfed Debts. Grantor may choose the lnsuranco company, subject to Lender's approval, which will not ba unreasonably wlthheld. All lnsuremce policies end renewals will include a standard "mortgage clause• end, where eppl[cable, "loss payee clause.• If required by lender, Gran.tor agrees to maintain comprehensive general llablllty Insurance and rent~I loss or business lntarruptlon lnsuranoe in amounts and under policies acceptable to lender, The comp1ehenslve general llabllity insure nee must name lander tlS an additional lns1Jred, The rental loss or business Interruption Insurance must be In en amount equal to at feast coverage of one year's debt servfr;e, and required escrow account deposits Of egrud to separately ln writing). Granter wUI give lender end the Jn,surenca company Immediate notice of any loss. All lnS'Ufance proceed, wlll be applied to restoration or repoir of the Property or to the Secured Debts, at Lender's option. It Lender acquires the Property in damaged condition, Grantor's rights to eny Insurance policies: end procae& wlll pa,s to Lender to the extent of the Secured Debts. Grantor will lmmedlately notify Lender of cance!latlon or termination of insurance-If Grahtor fells to keep the Property insured, Lender mav obtain insutanee to protect lender's Interest In the Proparty and Granter will pay for the Insurance on lender's demand, lender may demsnrl that Grantor pey far the insurance an at onca, or lender may add the lnsutmce premiums to the balance of the Secured Debts and chf!lrge Interest on It at th& rate that applies to the Secured Debts, Thls Insurance may Include coverages not orlg!naDy required of' Granter, may be written by a company other than one Granter would choose, and may be written at a hl9her rate than 900'9&LtOOOtCOLOOt ,• 20070326002735.007 Grantor oould obtaln If Grantor purchased the lnsural'IQe. Granter acknowledges end agr-ees that Lender or one or Lander's afflllates may receive commissions on the purchesv of thls insunmee. 19. ESCROW FOR TAXES AND INSURANCE. Grant-or wlU not be requtred to pay to Lender funds for taxes and lnsurant$ In escrow, 20. CQrSIGN~S. If Granter sigf'IS thfs Security lnsuumcint bl.It ls not otherwise obligated to pay the Secured Debts, Grantor does so only to convey Grantor's Interest in the Propartv to secure payment of the Secured Debts and Granter does not egrea by slgntng this Security Instrument to be personalty llab!e on the Secured Debts. It thls Security Instrument secures a guaranty between Lender and Grantor, Grantor agrees to waive anv rights that may prevent Lender from bringing any action or claim against Grantor or any party Indebted undor the obllgetlo.n, Thesa rights may Include, but Qre not tlmlted to, any antl-deflclencv or orte-aotion faws. 21, SUCCESSOR TRUSTEE. lender, at Lender's option, may born time to time remove Trustee and appolm a S1Jccessor without any other formality than ihe designation In wrltlng. Tha successor trustee, without conveyance of th8 Property, wl!I succeed to ell the thle, power and duties conferred upon Trustee by thfs Security Instrument and eppUcable law. 22, USE OF PROPERTY, The real property conveyed by this Securtty Instrument ts no-t used prlnclpelly for egrfculturul purposes, 23. APPLICABLE LAW. This Security tnstrument Is governed by the laws of Was:hlngton, the UnJted States of America, and to the e:aent required, by the law, of the Jurh;,dh;don where the Property ki located, except to the extent such state laws ere preempted by federal law. 24. JOINT AND INDIVIDUAL LIABILITY ANO SUCCESSORS, Each Grantor's obllgetions under thls Security fnstrument are Independent of the obligatlons of any other Grantor. Lender may sue each Granto, lndividuanv or together with any other Grantor. Lendor may relaese any part of the Property and Grantor wlll sti1J be ob!lgated under this Seo1.ulty ln,mument for the remaining Property. If this SacuritY Instrument secures a .gueranw between Lender end Granter, Grantor agrees to waive any rights thilt may prevent Lender from bringing any action or claim against Granter or anv party Indebted under the obligation. Thase rights meiy Include, but are not limited to, any anti-deficiency or one•llction laws. Grantor agrees that Lender and any party to thfs Seourrty Instrument may extend, modify or make any chan(:Je fn the terms of thfs Security Instrument or any evidence of debt without Gr11ntor's consent. such e change wlll not release Grantor from the terms of this S,ecuritv Instrument. lhe duties and benefits of this Security lnstroment wUI btnd and benefit the succe3sors end esSJgns of Lender and Grantor. 25, AMENDMENT, INTEGRATION ANO SEVERABILTTY, Thls Secul1ty Instrument may not ba amended or modlfled by oral agreement. No amendment or modtflcatlon of this Security Instrument Is effective unless made ln writing end executed by Grantoi end Lender. This Secorlty Instrument end any other documents relating to the Secured Debes are the complate and final expression of the agreement. If any prov[slon of this Securlty Instrument Is unenforceable .. then the unenforcea,ble provision wUI be severed and tha remaining provlslons will stltl be enforceaDle, 26. INTERPRETATION. Whenever used, the :sfngular Includes the P.lural und the plur~ lnc!udes the singular, The eecdon headings are for convenlenca only and ere not to b& used to Interpret or define the terms of this Sacuritv Instrument. 27, NOTICE, FINANCIAL RE?ORTS, ADDITIONAL DOCUMENTS AND RECORDING TAXES, Unless otherwlsa, required by law, any notice wlU be given by dellverlng It Dr manlng It by both first class end either registered or certified malt, return receipt requested, to tha appropriate party's address lfsted ln the DATE ANO PARTIES section, or to any other address deslgnatad In writing. Notice to one Granter will be deemed to be notice to ell Grentors. Grantor WIii inform Lender In writing of any char1ge In Grantot's name, addresSJ or other application Information. Grantor wlll provlda Lender any flmmc:Jal statements or Information Lender requests. All flnancfel statementSJ and ln1otmatlon Grantor gives lender will be correct and complete. Grantor agrees to pay all expenses, eharges and taxes in connection whh the preparation and racordlng of this Security Instrument. Granter egreas lo si9n, deriver, end fife any eddl11onal doc:umants or cenJflcatfons that Lender may consldar necessary to perfect, condnuo, and preseiva Grantor's obllgations under this Security Jnstrunient end to confirm Lender's Den 5tetus on any Propeny, and Grantor agrees to pay all expenses, chc:rges and taXe:fl In connection with the preparation and t(!cordlng theteof. Time Is of 1he ess8nce. 28. AGREEMENT TO ARBITRATE. Lender or Gran.tor may submit to binding arbitration any dispute, cletm or other matter In questlon between or emons lend'er and Grentor that arises out of or reh1tas to this Transaction {Dlsputa), except es otherwise Indicated In this section or as Lender and Granter agree to In wrltrng. For purposes of this sactlon, thrs Transaotlon rncludea this Securlty Instrument and any other document relating to the Secured Debts, and proposed loans or extenslons of credit that retate to this Security Instrument. lender or Granter wlll not arbitrate any Dispute within any "core proceedings" under the United States bankruptcy laws. JWO,UC w .. hlrioton 0.,1101 Tmt WA/4XXXXlsa000059000015&EIIIOl4032207'1' lender and Grantor must consent to arbitrate any Dispute concerning the Secured Debt secured by real estate at the time of the proposed arbitratlan. lender may foreclose or e!lerclse any powers of sale agalnst real property securing the Secured Debt underlying eny Dispute before, during or attar any arbitration. Lender may also enforce the Secured Debt secured by this reat property and underlying the Dispute before, during or after any arbltretlon. Lender or Grant0r may. whether or not any arbitration has begun, pursue any self~help or .slmUar remedlas, lncludln.g taking property or exercising other rights under the law: seek ottactunant, garnishment, receivership or other provisional remedie.s from a court having JurJsdlctlon to preserve the rights of or to prevent Irreparable injury to Lender ar Grantar; or foreclose against any property by any method or take legal action to recover any property. Foraclosfng or exerclslng a power of sale, baglnnlng end continuing e Judicial actlon or putt1olng self~help remedies will not constitute a waiver of the right to compel arbitration. The arbltre:t,at will determine whether a Dispute is erbitrable. A stngle arbitrator will resolve any Dispute, whether lndMdual or Joint rn nature, or whether based on contract, tort, or any other matter at law or In equity, The arbitrator may consolidate any Dispute wtth any related dlspt1tes, claims or other meuers in question not arising out of this Transaction, Any court having Jurlsdicdon may enter a judgment or decree on the arbltrator1s award. The judgment or decree: wlll ba enforced as any other Judgment or decree, Lender and Grantor acknowledge that the agreements, transactions or th& relationships which result from the agreements or transactions betwoon end among lender :end Grantor lnvotve Interstate commerce, The United States Arbitration Act wit! govern the Interpretation and enforcement of thiJ section The American Atbltratl,an Assoclatlon's Commercial Arbitration Rules, In affect on the date of this Security Instrument, will govern the se!actlon of the arbitrator and the artltratlon process, unless otherwise agnied to In this Security Instrument or another writing. 29. WAIVER OF TRIAL 10R ARBITRATION. Lendar and Grantot Llndemand that tho parties have the rlght or opportunlty to litigate any Dlspute through a trial by Judge or Jury, but that the parties prefer to resolve O[sputes through arbitration Instead of Utlgatton. If any Dispute Is arbftrated, Lendet and Grantor voluntarily Elnci knowlngly waive the right to have a trial by )UTV or Judge during the arbnratlon. SIGI\IATURES, By signing, Granter ogrees to tho terms Emd covenants contained In this Security Instrument, Grantor also BQknowledges receipt of a capY of thts Sacwlty Instrument. GRANTOR: aoo·staoosztoLooz /' / 7 ~IS-$5 Bimkors Sy$t11t1•, lno St Cloud.MN ~ln\dals Ptga ll ACKNOWLEDGMENT. [Busln,,&0 or Entity) 20070325002735.009 Sf,;.{e OF W .. rkb,&s~ C-, 1·~ OF /a~ ss. I certify that I know a-r heva satisractary evldenc~ .!It Robert P' ~I, ~re the person{s) who appeared before me, att~ld personlsl acknowledged that e he/they signed this Instrument, on oath stated thee he he/they was/were authoriz.ed to e ute the ln.strumtmt and acknowledged It as the Preside of Belmont Homes, Inc. to be the free and voluntary act of such party for the uses and purposes mentioned In thi, fnstrTJment, Dated: H4w.f,, ;J.J.1 2PP7 My appointment e,plres: 4 / <1 / :Z.009 LERO.V Yf MILLER 8ti\TE df WASHINGTON NOTAAY-• -PU8UC trr(QCF MDPIRES CM-O'Hl9 REQUEST FOR RECONVEYANCE (Not to ba complotad until paid In fulll TO TRUSTEE: The undersigned Is the hokier of the note or notes secured by this Security Instrument. Said note or notes, tog.ether with afl other Indebtedness secured by this Security lnstrwnent, have be&n paid Jn full. You are hereby directed ta cancel this Security Instrument, which Is delivered hereby, and to reC!lnvey, without warranw, all the estate now held by you under this Security Instrument to thtl person or persons legally entitled thereto, (Authorized Lender Slgnature) JWO, LLC Wuhlng1Dn DNd Of Trmt WA/4)0CXXllnOOOOH00005196014032207Y IDatol AFTER Rl;CORDING. MAIL TO: John W. O'Ne!I 11711 SE a" Street, Suite 310 Bellevue, WA 98005 GRANTOR: TRUSTEE: BENEFICIARY: LEGAL DESCRIPTION: DEED OF TRUST Belmont Homes, Inc., a Washington corporation Chicago Title Insurance Company . John W. O"Neil and Erika O'Nell Portion Gov'! Lot 4, Section 5, Township 22 North, Range 5 East, W.M., King County, WA Full legal on bottom of this page and page 2. ASSESSOR'S PROPERTY TAX PARCEi/ACCOUNT NUMBERS: 052205-9045-02 DEED OF TRUST 20070327000416. ;t_ THIS DEED OF TRUST (herein "Instrument') is made this :2(..1 day of March 2007, among Belmont Homes, Inc., a Washington corporalion, whose address Is P.O. Box 2401, Kirkland, Washington, 98083 (herein "Borrower"), Chicago Title Insurance Company, whose address is 701 Fifth Avenue, Suite 3400, Seattle, Washington 98104 (herein "Trustee"), and the Beneficiary, John W. O'Neil and Erika O'Neil, whose address Is 11711 SE 6"' Street, Suite 310, Bellevue, WA 98005 (herein "Lender"). BORROWER, in consideration of the indebtedness described in this Instrument, irrevocably grants, conveys, and assigns to Trustee, in trust, with power of sale, the following described property located in Seattle, King County, State of Washington: The north half of the northwest quarter of Government Lot 4, Section 5, Township 22 North, Range 5 East, W.M., in King County, Washington; EXCEPT 192"" Street and 102°" Avenue Southeast; ALSO EXCEPT that portion lyipg south of an existing fence, described as follows: 20070327000416. Beginning at a point on the west line of said northwest quarter 33.66 feet south of the northwest comer thereof; J"hence south 00'22'25" west along the west line of said northwest quarter 261.46 feet to said existing fence; TheRce along said fence south 88"28'15" east 215.76 feet, south 88°47'51" east 299.07 feet and south 68'12'26'' east and extension thereof 139.20 feet to the east line of said northwest quarter of Government Lot 4, and the tenninus of said line. Subject to the permitted exceptions listed on Exhibit A. TOGETI-IER with all bulldings and Improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, franchise rights (subject, however, to the assignment of rents to Lender herein), royalties, mineral, oil, gas and water rights appurtenant to the property or any business oonducted on the described property, insurance proceeds, condemnation proceeds, and all fixtures, equipment, materials, and personal property now or hereafter located on or used in connection with the described property. All of the foregoing, together with the legally described property are herein referred lo as the "Property' TO SECURE TO LENDER (a) Borrower's obligations under that promfssory note of even dale In the amouritofFlve Hundred Ten Thousand.and No/100 U.S. Dollars ($510,000.00), togetherwith interestthereon, with the balance ofthe Indebtedness, If not sooner paid, due and payable.on March 31, 2009; {b) the repayment of any future advances, with interest thereon, made by Lender to Borrower (herein "Future Advances"); (c) the payment of all other sums, with Interest thereon, advanced under the tenns of this instrument; and (d) the perfonnance of the agreements and warranties of Borrower contained in this Instrument. Borrower warrants that Borrower owns the Property oonveyed by this Instrument, has the right to grant, convey and assign the Property, thatthe Property is unencumbered except as set forth on Exhibit A (the 'Pennitted Encumbrances"), and subject lo no easements and restrictions except land use restrictions general to the district and the Pennitted Encumbrances. Borrowerwarrants and will defend title to the Property against any claim or demand not listed in the exceptions in the preceding sentence. Notwithstanding any other provision of this Instrument or of the Note to the contrary, any default under or failure to comply with the terms and conditions of the allowed encumbrances or the obligations which they secure shall be a default under thl~ Instrument and the Note entitling lender to Immediate payment In full of the Note and to all remedies in the event of default under this Instrument. Borrower agrees and covenants as follows: 1, Payment of Principal and Interest. Borrower shall promptly pay when due. the principal of and Interest on Iha indebtedness evidenced by the Note. any prepayment and late charges provided in the Note and all other sums secured by this Instrument. 2. Fund for Taxes, Insurance and Other Charges. Upon receipt of written request from Lender, Borrower shall pay to Lender monthly on the day Installments of principal or interest 2 20070327000416.00: are payable under the Note (oron another day designated In writing by Lender if the Note does not call for monthly payments), until the Note is paid in full, a sum (herein "Funds") equal lo one-twelfth of (a) the yearly water and sewer rates and taxes and assessments which may be levied on the Property, and (b) the yearly premium installments for fire and other hazard insurance, rent loss insurance and such other insurance covering the Property as Lender may require pursuant to this Instrument, all as reasonably estimated initially and from to time by Lender on the basis of assessments and bills and reasonable estimates. Any waiver by Lender of a requirement that Borrower pay such Funds may be revoked by Lender, In Lender's sole discretion, at any time upon notice In writing to Borrower. Lender may require Borrower to pay to Lender, In advance, such other Funds for other taxes, charges, premiums, assessments, and impositions In connection with Borrower or the Property which Lender shall reasonably deemed necessary to protect Lender's Interests (herein "Other Impositions'") Unless otheiwlse provided by applicable law, Lender may require Funds for other Impositions to be paid by Borrower in a lump sum orin periodic installments, at Lenders option. The Funds shall be held in an institutlon(s) the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shaH apply the Funds to pay said rates, rents, taxes, assessments, Insurance premiums, and other Impositions so long as Borrower Is not In breach ofany covenant or agreement of Borrower In this Instrument. Lender shall not be required to pay Borrower any interest, earnings, or profits on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds In Lender's normal format showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional securtty for the sums secured by .this instrument. lf the amount of the funds held by Lender atthe lime of the annual accounting thereof shall exceed the amount deemed necessary by Lender to provide of the payment of water and sewer rates, taxes, assessments, Insurance premiums, rents, and Other Impositions, as they fall due, such excess shall be credited lo Borrower on the next monthly installmeiritor installments of Funds due. If at anytime the amount of the Funds held by Lender shall be less than the amount deemed necessary by Lender to pay water and sewer rates, taxes, assessments, insurance premiums, rents, and Other Impositions, as they fall due, Borrowers hall pay to Lender any amount necessary to make up the deficiency within thirty (30) days after notice from Lender to Borrower requesting payment thereof. Upon Borrowe~s breach of any covenant or agreement of Borrower in this Instrument, Lender may apply, In any ~mount and in any order as Lender shall determine In Lender's sole discretion, any Funds held. by Lender at the time of application (I) to pay rates, rents, taxes, assessments, insurance premiums, and Other Impositions which are now or will hereafter become due, of (ii) as a credit against sums secured by this Instrument. Upon payment in full of all sums secured by this Instrument, Lender shall promptly refund to Borrower any Funds held by Lender: 3. Appl/cation of Payments. Unless applicable law provides otherwise, all payments received by Lender from Borrower under the Note or this Instrument shall be applied by Lender in the following order of Priority: (I) any amounts payable to Lender by Borrower for taxes, insurance, and other charges; (iO interest payable on the Note; (Ill) principal of the Note; (iv) interest payable on advances made pursuant to this Instrument; (v) principal advances made pursuant to this Instrument; (v~ Interest payable on any Future Advance, provided that if more than one Future Advance Is outstanding, Lender may apply payments received among the principal balances of the Future Advances In such order as Lender, In Lender's sole discretion, may determine; and (vilQ any other sums secured by this lnstrumentin such order as Lender, at Lender's option, may determine; provided, however, that Lender may, at Lender's option, apply any sums payable pursuant to the 3 20070327000416.00, numbered paragraph dealing wlU1 Protection of Lender's Security prior to interest on and principal of the Note, but such application shall not otherwise affectthe order of priority of application specified In this numbered paragraph. 4. Charges; Lfens. If Borrower does not pay all water and sewer rates, rents, taxes, assessments, premiums, and Other Impositions atbibulablo, to U,e Property to Lender, Borrower shall make payment, when due, directly to the property payee, or in such other manner as Lender may designate in writing. Borrower shall promptly furnish to Lender, if Lenderrequires, all notices of amounts due under this paragraph and the receipts evidencing the payments. Borrower shall promptly discharge any lien which has, or may have, priority over or equality with, the lien of this Instrument, unless specifically allowed by this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor of materials to or In connection with the Property. Without Lender's prior written permission, Borrower shall not allow any lien inferior to this Instrument to be perfected against the Property. 5. Hazard Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property Insured by carriers at all limes satisfactory to Lender against loss by fire, hazards included within the term ''extended coverage", renlloss and such other hazards, casualties, liabilities, and contingencies as Lender shall reasonably require and in such amounts and for such periods as Lender shall reasonably require, but in no event for less than the total amount of all allowed encumbrances on the Property, Including this Instrument All premiums on Insurance policies shall be paid, at Lender's option, In the manner provided for monthly payments to Lender, or by Borrower making payment, when due, directly to the carrier, or in such other manner as Lender may designate In writing, All Insurance policies and renewals thereof shall be in a form acceptable to Lender and shall Include a standard mortgage clause in favor of and In form acceptable to Lender. Lender shall have the right to hold the policies, and Borrower shall prompttyfurnish to Lender all renewal notices and all receipts of paid premiums. At least 30 days prior to the expiration date of a policy, Borrower shall deliver to Lender a renewal policy in form satisfactory to Lender. Lender shall have no liabinty to Borrower nor to anyone else arising out of Lender's approval, for Lender's own purposes, of any Insurance companies or policies under this section. Lender shall have no liability to Borrower nor to anyone else arising out of the exercise of, or failure to exercise, Lender's right to apprpve the Insurance carriers, policy forms and terms or amounts of Insurance. In the event of loss, Borrower shall give immediate written notice to the insurance canierand to Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof of loss, to adjust and comprom lse any claim under insurance policies, to appear In and prosecute any action arising from such insurance policies, lo collect and receive insurance proceeds, and to deduct therefrom Lender's expenses incurred In the collection of such proceeds; provided, however, that nothing continued in this numbered paragraph shall require Lender lo incur any expense or take any action hereunder. Borrower further authorizes Lender, at Lende(s option, (a) lo hold the balance of such proceeds to be used to reimburse Borrower for the cost of reconstruction or repair of the Property or (b) to apply the balance of such proceeds to the payment of the sums secured by this Instrument, whether ornot then due, in the order of application set forth In the numbered paragraph describing Application of Payments (subject, however, to the rights of any prior encumbrance speclfically allowed to remain on the Property by the terms of this 4 20070327000416.001 Instrument). If the Insurance proceeds are held by Lender to reimburse Borrower for the cost of restoration and repair of the Pr.operty, the Property shall be restored to the equivalent of its original condition or such other conditlon·as Lender may approve In writing. Lender may, at Lende(s option, condition disbursement of said proceeds on Lende~s approval of such plans and specifications of an architect satisfactory to lender. contraclots cost estimates, architect's certificates, waivers of liens, sworn statement of mechanics and materlalmen, and such other evidence of costs, percentage completion of construction, application of payments, and sallsfaction of liens as Lender may reasonably require. If the Insurance proceeds are applied lo the payment ofthe sums secured by this Instrument, any such application of proceeds to prlnc!pal shall not extend or postpone the due dates of the installments required by the Note or change the amounts of such installments. If the Property is sold as provided In the numbered paragraph describing Acceleration and Remedies or If Lender acquires title to the Property, Lender shall have all of the right, title, and interest of Borrower in and to any Insurance policies and unearned premiums thereof and in and to the proceeds result In from any damage to the Property prior to such sale or acquisition. 6. PreseNation and Maintenance of Property; Franchises; Leaseholds. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property, (b) shaft not abandon the Property, (c) shall restore or repair promptly and In good and workmanlike manner all or any part of the Property to the equivalent of its original condition, or such other condition as Lender may approve in writing, in the event of any damage, Injury or loss thereto, whether or not Insurance proceeds are available to cover in whole or in part the costs of such restoration or repair, (d) shell keep the Property, including Improvements, fiXlures, equipment, machinery, and appliances thereon In good repair and shall replace fixtures, equipment, machlneiy, and appliances on the Property when necessary to keep such items In good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, (I) shall giVE! notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend anyaclion orp(Oceeding purporting to affecllhe Property, the security of its Instrument or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture, equipment. machineiy, or appliance in or on the Property except when incident to the replacement of fixtures, equipment, machinery, and appliances with items ofllke k!nd. If this Instrument allows any other encumbrance of lien on or interest In the Property, Borrower (I) shall comply with the provisions of the allowed encumbrance or lien, (ii) shall give Immediate written notice to Lender of any default by the holder of the allowed encumbrance or lien or of any notice received by Borrower from the holder of the allowed encumbrance or Hen of any default by Borrower, and (iii) shall give immediate written notice to Lender of the commencement of any remedial proceedings by any party thereto and, if required by Lender, shall permit Lender as Borrower's attorney-In-fact to control and act for Borrower in any such remedial proceedings. Borrower hereby expressly transfers and assigns to Lender the benefit of all covenants contained in any allowed encumbrance on or interest In the Property, whether or not such cpvenanls mn with the land, but Lender shall have no liability with respect to such covenants. 7. Protection of Lender's Security. If Borrower rails to perform the covenants and agreements contained in this Instrument, or if any action or proceeding Is commenced which affects the Property or title thereto or the Interest of Lender therein, Including, but not limited to eminent domain, insolvency, code enforcement, or arrangements or proceedings Involving a bankmpt or decedent, then Lender at Lende(s option may make such appearance, disburse such sums. and take such action as Lender deems necessary, in its sole discretion, to protect Lender's Interest, 5 20070327000416.I including, but not llmlted to, (I) disbursement of attorney's fees, (ii) entry upon the Property to make repairs, (fil) procurement of satisfactory insurance and (iv) exercise of any option on behalf of Borrower and the curing of any defaull ofBorrower. Any emounts disbursed by Lender pursuantto this numbered paragraph, with interest thereon, shall become additlonal indebtedness of Borrower secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be Immediately due and payable and shall bear Interest from the date Of disbursement at the rate stated in the note unless collection from Borrower of interest at such rate would be contrary to applicable law, in which event such amounts shall bear Interest at\he highest amount or rate which Is allowed to be imposed on Borrower under applicable law. Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of any mortgage or other lien discharged, In whole or in part, by the additional Indebtedness. Nothing continued In this numbered paragraph shall require Lender to incur any expense or take any action. 8, Inspection. Lender may make or cause to be made reasonable entries upon and Inspections of the Pro party. 9. Condemnation. Borrower shall promptly notify Lender of any action or proceeding relating to any condemnation or other taking, whether direct or indirect, of the Property, or part thereof, and Borrower shall appear in and prosecute any such action or proceeding unless otherwise directed by Lender in writing. Borrower authorized Lender, at Lenders option, as attorney-in-fact for Borrower to commence, appear in and prosecute, in Lenders or BorrowerDs name, any action or proceeding relating to any condemnation or other taking of the Property, whether direct or Indirect, and to settle or compromise any claim In connection with such condemnation or othertaking. The proceeds of any awards, payment or claims or damages, direct or consequential, in connection with any condemnation or other taking, whether direct or indirect, of the Property, or part thereof, or for conveyance In neu of condemnation, are hereby assigned to and shall be paid to Lender subject to the rights of the holder of any encumbrance specifically allowed by this Instrument Borrower authorized Lender to apply such awards, payments, proceeds, or damages, after the deduction of Lender's expenses incurred in the conectlon of such amounts, at Lende~s option, to restoration or repair of the Property orto payment of the sums secured by this Instrument, whether or not then due, with the balance, if any, to Borrower. Unless Borrower and lender otherwise agree in writing, any application of proceeds to principal shall not extend or postpone Iha dua date of the installments referred to in the Note or change the amount of such installments. Borrower agrees to execute such further evidence of assignment of any awards, proceeds, damages, or claims arising in connecllon with such condemnation or taking as Lender may require. 10. Borrc>wer and Lien Not Ref eased. From time to time, Lender may, at Lenders option, without giving notice to or obtaining the consent of Borrower, Borrowers successors or assigns or of any other lienholder or guarantors, wilhout liablllty on Lenders part and notwithstanding Borrower's breach of any covenant or agreement of Borrower In this lnstrumen~ extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note emotes therefor, modify the terms and time of payment of said indebtedness, release from the lien of.this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join in any extension or subordination agreement, and agree in writing with Borrower to modify the rate of Interest or period or amortization of the Note or change the amount of the monthly installments payable there4nder. Any actions taken by Lender pursuant to thetenns of this numbered paragraph shall not affect the obligation of Borrower's successors or assigns to pay the sums secured by this 6 20070327000416.00' Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any parson, corporation, partnership, or other entity for payment of the indebtedness secured hereby and shall not affect the lien or priority of lien hereof on the Property.. Borrower shall pay Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be incurred at Lende(s option, for any such action if taken at Borrowe(s request. 11. Forbearance by Lender Not a Waiver. Any forbearance by Lender in exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy. The acceptance by Lender of payment of any sum secured by this lnstrumentafterthe due date of such payment shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured orto declare a default for failure to make prompt payment. The procurement of Insurance ·or the payment of taxes or other liens or charges by Lender shall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by this Instrument, nor shall Lender's receipt of any awards, proceeds or damages as provided in this Instrument operate to cure or waive Borrowe~s default in payment of sums secured by this Instrument. 12. Estoppel Certificate. Borrower shall within ten (10) days of a written request from Lender furnish Lender with a written' statement, duly acknowledged, setting forth the sums secured by this Instrument and any right of set-off; counterclaim or other defense which exists against such sums and .the obligaHohs of this Instrument. 13. Un if arm Commercial Code Security Agreement. This Instrument is intended to be a security agreement pursuantlo the Uniform Commercial Code for the rents listed in Paragraph 21 below which, under applicable law, may be subject to a security interest pursuant to the Uniform Commercial Code, and in the fixtures and personal property, including insurance proceeds and condemnation proceeds, which together wilh the real property comprise the "Property," and Borrower hereby grants Lender a security interest in said items. Borrower agrees that Lender may file any appropriate doc1iment in the appropriate index as a financing statement for any of the items specified above as part of the Property. In addition, Borrower agrees to execute and deliver to Lender, upon lender's request, any financing statements, as well as extensions, renewals and amendments thereof, and reproductions of this lnstniment in such form as Lender may require to perfect a security Interest with respect to said items. Borrower shall pay all costs of filing such financing statements and any extension, renewals, amendments and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements Lender may · reasonably require. Without the prior written consent of Lender, Borrower shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in said items, including replacements and additions thereto. Upon Borrower's breach of any covenant or agreement of Borrower contained in ihis Instrument, including the covenants to pay when due all sums secured by this Instrument, lender shall have the remedies of a secured party under the Uniform Commercial Code and, at Lenders option, may also invoke the other remedies provided in this Instrument as to such Items. In exercising any of said remedies, Lender may proceed against \he Items of real property and any items of personal property specified above as part of the Property separately or together and In any order whatsoever, without in any way affecting the availability of Lenders remedies under the Uniform Commercial Code or of the other remedies provided in this Instrument 7 20070327000416.00i 14. Remedies Cumulative. Each remedy provided in this Instrument is distinct and cumulative to all other rights or remedies under this Instrument or afforded by law or equity, and may ba exercised concurrently, independently, or successively, In any order whatsoever. 15. Acceleration In Case of Borrower's Insolvency. If Borrower shall voluntarily file a petition under the Federal Bankruptcy Act, as such Act mayfrorn time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, orfile an answer In an Involuntary proceeding admitting insolvency or inability to pay debts, or if Borrower shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or Jfquldallon or Borrower, or if Borrowers hall be adjudge~ a bankrupt, or if a Trustee or receiver shall be appointed for Borrower's property, or if the Property shall become subject o the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower shall make an assignment for the benefit of Borrower's creditors, or if there is an attachment,executlon or other judicial seizure of any portion of Borrower's assets.and such seizure is not discharged within ten days, then Lenderrilay, at Lender's option, declare all of the sums secured by this Instrument to be immediately due and payable wtthoutpriornotlceto Borrower, and Lender may Invoke any remedies permitted by this lnstrumenl Any attorney's fees and other expenses incurred by Lender in connection with Borrower's bankruptcy or any of the other events described in Its numbered paragraph shall .be additional Indebtedness of Borrower secured by this Instrument. 16. Transfers of the Property or Beneficial Interest in Borrower; Assumption. On sale or transfer of (i) all or any part of the Property, or any interest therein, or (II) any legal or equitable interest In Borrower (if Borrower is not a natural person but is a corporation, partnership, trust or other legal entity), or (iii} the attachment of any lien or encumbrance on the Propertyjuniorto this Instrument. Lender may, at Lender's option, declare all of the sums secured by this Instrument to be immediately due and payable without regard to any provisions for notice and opportunity to cure which might otherwise be applicable, and Lender may invoke any remedies permitted by his Instrument. At Lender's sole option, Lender may accept the transfer and, if the transfer is acceptable to Lender, require the transferee to execute, prior to the safe or transfer, a written assumption agreement containing such terms as Lender may require, includfng an increase fn the rate of interest payable under the Note and if the interest note is Increased, an increase in the doDar amount of the payments to the amount necessary to amortize this Note In the same number of payments as under the prior Interest note. Because the rights described in this paragraph cannot be meanfngfuny exercised unless notice of a prospecUve sale or transfer and any reasonably requested information on the transferee (hereafter collectively referred to as "prlornotice'~ are provided prforto a sale ortransfer, the failure to give priornotice In writing to Lender shall itself constitute a breach of a materfal provision of. this agreement. 17. Notice. Except for any notice require under applicable law to be given In another manner, (a) any notice to Borrower provided for in this Instrument or in the Note shall be given by personal delivery or by mailing s\Jch notice by certified all addressed to Borrower at Borrowe(s address stated In this Instrument or at such other address as Borrower.may designate by notice to Lender, and (b) any notice to Lender shall be given by personal delivery or by certified mail, return receipt requested, to Leni:fer's address stated In this Jnstrument or to such other address as Lender may designate by notice io Borrower-Any notice provided for In this Instrument or in the Note shall be deemed to have been given to Borrower or Lender on the earlier of the second day following the date of malling or the date of actual receipt when given In !he manner designated herein. 8 20070327000416. 18. Successors and Assigns Bound; Joint and Several Lfabi/lty; Agents; Captions. The covenants and agreements herein contained shan bind, and the rights hereunder shall inure to the respective successors and assigns of Lender and Borrower, subject to the limitations on transfer described in this Instrument. All covenants and agreements of Borrower shall be joint and several. In exercising any rights ortaklng any actions provided for in this Instrument, Lender may act through lls employees, agent or Independent contractors. The captions and headings of the paragraphs of this Instrument are for convenience in locating provisions only and are not io be used to Interpret or define the provisions. 19. Governing Law; Severabi/ity, This instrument shall be governed by the law of the State of Washington, without regard to tts conflicts of laws principles. In the eventthatanyprovlslon of this Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Instrument or the Note which can be given effectwithoutthe conflicting provisions, and tothis end the provisions of this lnslrument and the Note are declared to be severable. In the · event that any applicable law limiting the amount of interest or other charges permitted to be collected from Borrower is interpreted so that any charge provided for in this Instrument or in the Note, whether considered separately or together with other charges levied in connection with this Instrument and the Note, violates such law, and Borrower Is entitled lo the benefit of such law, such charge is hereby reduced to the extent necessary to eliminate such violation. The amounts, if any, previously paid to Lender In excess of the amounts payable fo Lender pursuant to such charges as reduced shall be applied by Lender lo reduce the principal of the Indebtedness evidenced by the Note. For the purpose of determining whether any applicable law limiting the amount of interest or other charges permitted to be collected from Borrower has been violated, all Indebtedness which is secured by this Instrument or evidenced by the Note and which constitutes interest, as well as all other charges levied in connection With such indebtedness which constitute interest, shall be deemed to be allocated and spread over the stated term of the Note. Unless otherwise required by applicable law, such allocation and spreading shell be effected in such a manner that the rate of Interest computed thereby is uniform throughout the stated term of the Note. 20. Waiver of Marshaling. Notwithstanding the existence of any other security interests In the Property held by Lender or by any other party, Lender shall have the right to deterrnfne the order In which any or all of the Property shall be subjected to the remedies provided by this Instrument.· Lender shall have the right to determine fhe order in which any or all portions of the Indebtedness secured by this Instrument are satisfied from the proceeds realized upon the exercise of the remedies provided in this Instrument. Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security inlerest In the Property and who has actual or consiructlve notice of this Instrument hereby waives any and all right to require the marshaling of assets In connection with the exercise of any of the remedies permitted by applicable law or by this Instrument. 21. Assignment of Rents; Appointment of Receiver; Lender in Possess/on. As part of the consideration for the indebtedness evidenced by the Note, Borrower hereby absolutely and unconditionally assigns and transfers to Lender, subject to the rights of any prior encumbrance allowed by this Instrument, all the rents and revenues oft he Property, Including those now due, past due. orto become due by virtue of any lease or other agreement for the occupancy or use of all or any part of the Property, regardless of to whom the rents and revenues of the Property are payable. Borrower hereby authorizes Lender or Lendel's agents to collect the aforesaid rents and revenues and hereby directs each tenant of the Property to pay such rents to Lender or Lendets agents; provided, however, that prior to written notice given by Lender to Borrower of the breach by the 9 20070327000416.01 I Borrower of any covenant or agreement of Borrower in this Instrument, Borrower shall collect and receive all rents and revenues of the Property as Trustee for the benefit of Lender and Borrower, to apply the rents and revenues so collected to the sums secured by this Instrument In the order provided in this lnstrumentwlth the balance, so long as no such breach has occurred, to the account of Borrower, ii being intended by Borrower and Lender that this assignment of rents constitutes an absolute assignment and not an assignment for additional security only. Upon delivery of written notice by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument, and withoutthe necessity of Lender entering upon and laking and maintaining full control of the Property In person, by agent or by a court-appointed receiver, Lender shall Immediately be entitled to possession of all rents and revenues and franchise rights as specified In this numbered paragraph as the same become due and payable, Including but not limited to rents then due and unpaid, and all such rents shall immediately upon delivery of such notice be held by Borrower as Trustee for the benefit of Lender only; provided, however, that the written notice by lender to Borrower of the breach by Borrower shall contain a statement that lender exercises its rights to such rents. Borrower agrees that commencing upon delivery of such written notice of Borrower's breach by Lender to Borrower, each tenant of the Property shalt make such rents payable to and pay such rents to Lender or Lender's agents on Lender's written demand to each tenant therefor, delivereq to each tenant personally, by mail or by dellveling such demand to each rental unit, without any liability on the part of said tenant to Inquire further as to the existence of a default by Borrower. Borrower hereby warrants that Borrower has not executed any prior assignment of said franchise rights and rents except as included in the list of allowed encumbrances in this Instrument and that Borrower will not perform any acts and will not execute any Instrument which would prevent Lender from exercising ifs rights under this numbered paragraph, and that aft he time of execution of this Instrument there has been no anticipation or prepayment of any of the rents of the Property except as a security deposit for not more than two monlhs rents. Borrower covenants that Borrower wfll not hereafter collect or accept payment of any rents of the Property more than two months prior to the due dates of such rents except as security deposit for no more than two months· rent. Borrower further covenants that Borrower will execute and deliver to Lender such further assignments of rents and revenues of the Property as Lender may from time to time ,equest. Upon Borrowe~s breach of any covenant or agreement of Borrower In this Instrument, lander may In person, by agent or by a court-appointed receiver, regardless of the adequacy of Lender's security, enterupon and take and maintain full control of the Property In order to perform all acts necessary and appropriate for the operation and malntenancethereofincluding, but not limited to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the exercise of all franchise rights now operated atthe Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of Iha Property, all on such terms as are deemed best to protect the security of this Instrument, Borrower hereby expressly consent to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequent to delivery of written notice by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument shall at lender's sole option be applied first to the costs, if any, of taking control or and managing the Property and collecting the rents, including, but not limited lo, attorney's fees, receiver's fees, premiums on receiver's bonds, costs of repairs to the Property, premiums on Insurance pollcles, faxes, assessments and other charges on the Property, and the costs of discharging any obligation or JfabR!tyor Borrower as lessor or landlord of the Property and then to the sums secured by this Instrument Lender or the receiver shall have access to the books and records used In the operation and maintenance of the Property 10 20070327000416.I and shall lie fiable to account only for those rents actually received. Lender shall not be Uable to Borrower, anyone claiming under or through Borrower or any having an intereslln the Property by reason or anything done or left undone by Lender under this numbered paragraph. If the rents of the Property are not sufflcientto meet the costs, If any, of taking control of and managing the Property and collecting the rents, any funds expended by Lender for such purposes shall become Indebtedness of Borrower to Lender secured by this lnst11.1ment. Unless Lender and Borrower agrees in writing to other terms of payment, such amounts shall be payable upon notice from Lender to Botrower requesling payment thereof and shall bear Interest from the date of disbursement at the rate stated in the Nole unless payment of interest at such rate would be contrary to applicable law, In which event such amounts shall bear interest at the highest rate which may be collected fi'om Borrower under applicable law. Anyone en.taring upon and taking and maintaining of control of the Property by Lender or the receiver and any application or rents as provided shall not cure or waive any default or invalidate any other right or remedy of Lender under applicable law or provided in this Instrument This assignment of rents of the Property shall terminate at such time as this Instrument ceases to secure Indebtedness held by Lender. · 22. Acceleration; Remedies. Upon Borrowe(s breach ofanycovenantoragreementof Borrower In this Instrument, Including, but not limited to, the covenants lo pay when due any sums secured by this Instrument, Lender at Lende(s option may declare all of the sums secured by this lnstrumentlo be immediately due and payable without further demand. Aftergivlng Borrowernofice of default in any manner prescribed by applicable law, Lender may Invoke the power of sale and any other remedies pennltted by applicable law or provided herein. Borrower acknowledges that the power of sale granted by !his Instrument may be e~erclsed by Lender without prior judicial hearing. Borrower has the right to bring an action to assert the non-existence of a breach or any other defense of Borrower to acceleration and sale. Lender shall be entitled to collect all costs and expenses incurred pursuing such remedies, including, but not limited to, attorney's fees and costs of tlocumentary evidence, abstracts and title reports. If Lender Invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall give such notices as the appncable laws may require to Borrower and to such other persons as the applicable laws prescribe, and after !he lapse of such lime as maybe required by applicable law, Trustee shall sell the Property according to the applicable laws. T11.1stee may sell the Property at the time and place and under the terms designated in the nollce of sale in one or more parcels ands in such order as Trustee may determine. Trustee may postpone sale of all or any parcel of the Property for a period or periods not exceeding a total of 30 days by public announcement at the time and place fixed in the notice of sale. Lenders deslgnee may purchase the Property at any sale. Trustee shall dellverto the purchaser Trustee's deed conveying the Property so sold without any covenant or warranty, expressed or Implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of !he statements made therein. Trustee shall apply the proceeds of the sale in the following order; (a) to all costs and expenses of the sale, including but not rrrnited to, Trustee's and attorney's fees and costs of title evidence; (b) to all sums secured by this instrument In such order as Lender, in Lender's sole discretion, directs; and (c) the excess, If any, to the clerk of the superior court of the county in which the sale took place. II 20070327000416.01: 23. Reconv9yance. Upon payment of all sums secured by this Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Instrument and all notes evidencing indebtedness secured by this Instrument to Trustee. Trustee shall re convey the Property without warranty to the person or persons legally entitled thereto. Such person or persons shall pay Trustee's reasonable costs Incurred in so reconveylng the Property. 24, Substitute Trustee. In accordancewithappTicable law, lendermayfromtime to time appoint a successor Trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor Trustee shall succeed to all the tltie, power and ulilities conferred upon the Trustee herein and by applicable law. 25. Use of Property. The Property is not used principally for agricultural or farming purposes. 26. Attorney's Fees and Costs. In the event of any controversy, claim or dispute arising out of, or relating to, this agreement or the method and manner of performance thereof or the breach thereof, the prevailing party shall be entitled in addition to any other relief, a reasonable sum in attorneys' fees and lltlgatlon expenses. In the event neither party wholly prevails, the party that substantially prevails shall be awarded a reasonable sum for attorneys' fees and litigation expenses. In determining what is a reasonable sum for attorneys' fees and litigation's expenses, the actual amount of the attorneys' fees the party is obligated to pay its attorney or attorneys shall be presumed to be reasonable, which presumption is reputable, and the actual expenses Incurred In the proceeding Including all expenses of a party for travel, etc., shall be presumed to be reasonable, which presumption Is reputable. 27. Hazardous Substances, Borrower warrants that no Hazardous Materials exist on, under or over the Property or on, under or over any properties immediately adjoining the Property, and the Property Is not in violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or the environmental conditions on, under or over the Land and the Property, including, without limitation, soil and groundwater conditions; "Hazardous Materials" shall mean: (I) substances defined as ''hazardous substances," "hazardous matertals," or "tmdc substances" in the Comprehensive Envfronmentai Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. 06901, et. seq.; the Hazardous Materials Transportation Act, as amended,49 U.S.C. 06901, et. seq.; (ii) substances covered and/or regulated pursuant to the Resources Conservation and Recovery Act, 42 U.S.C. Sec. 9601, et. seq., (ill) substances covered and/or regulated by the Washington Model Toxins Control Act, Chapter 70.105D RCW, and the Washington Hazardous Waste Managemen!Act, Chapter70.105 RCW, (iv) asbestos in any form, urea formaldehyde foam Insulation, transformers or other equipment which contain dielectric fluid or other fluids containing levels of polychlorinated biphenyl's; (v) petroleum and/or petroleum products or byproducts; and (vi) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by any governmental authority or may or could pose a hazard to the health and safety of the occupants of the Property or the owners and/or occupants of property adjaoent to the Property. Borrower/Granter agrees to pay, defend (including, but notiimited to, payment of attorney's fees and costs of suit), Indemnify and hold Lender harmless from any and all costs, actual and foreseeable consequential damag.es and losses, fines, penalties, remediation costs or other costs or expenses of any kind, arising from or related to the pasl, current or future presence of Hazardous Materials on, under or over-the Property, whether or not known to Borrower/Granter ani;t whether prior to or following the repayment of the Note or prior to or following the foreclosure of this Instrument or 12 20070327000416. trustee's sale under this Instrument. This indemnificatlon is not secured by this Instrument. This indemnity shall survive any foreclosure or trustee's sale under this Instrument, or any deed in lieu of foreolosure or slmTiar transfer, and Is not Included hi any debt which is statutorily extinguished. 28. W,immty of Authority. Each person signing this Deed ofTrust on behalf of Belmont Homes, Inc., a Washington corporation, warrants (I) thatthe person ls authorized to sign this Deed of Trust on behalf of, and as the valid binding act of, Belmont Homes, Inc., a Washington corporation, and Qi) all actions necessary to authorize Robert P. Wenzl to sign thts Deed of Trust, and the Note secured by this Deed ofTrust ori behalf of Belmont Homes, Inc., have been taken and that Belmont Homes, Inc. is obligated on the Note and the Deed ofTrust recording to their terms. 29. Payment on Sale of!.ots. This Deed of Trustencumbers real property upon which Granter intends to construct single-family residential homes. As additional consideration for Beneficiary making the loan represented by the promissory note secured by this Deed of Trust, Grentor agrees to, and shall, pay Beneficiary the sum of Ten Thousand and No/100 U.S. Dollars ($10,000.00) upon the sale of each and every lot within the real property subject to this Deed of Trust. The $10,000.00 payment shall be due and payable upon the date that title to the lot is transferrad to the buyer, or the date that the buyer and seller enter into a real estate contract for the sale of the property. This Deed of Trust secures grantor's obligations under this Section 29, and Grantor's failure lo pay when due any $10,000.00 payment required by this Section 29 shall be a default under this Deed of Trust. Any amounts not paid when due shall earn interest at eighteen percent per annum, which is the default rate set forth in the promissory note secured by this Deed of Trust. Belmont Homes, In By.---;o::;::~~{::t.~:...:::.-;ff--'-~- lts Address: P.O. Box 2401 Kirkland, WA 96083 JJ has executed this Instrument: 20070327000416.01• STATE OF WASHINGTON ) ) COUNTY OF KING } On thlsci!(p day of March, 2007, before me, the undersigned, a Notary Public In and for .Jlle Stat~ of Washington, duly commissioned and sworn personally appeared ~bee:\: Y. ~.,_ \ , to me known to be, or having shown satisfactory evidence of being, the ~eas,d~,-,t · of Belmont Homes, Inc, a Washington corporation that executed the foregoing Instrument, and having on oath stated that he was authorized to execute the instrument, acknowledged the said instrnment to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year In this certificate above wrltten. '-01~d? ca.& NOTARY PUBLIC ln and for the State. of Washington, residing at Seattle d y appointment expires 3 ,;J.."7 · 0~ 14 EXHIBIT A PERMITIED ENCUMSRANCES 20070327000416.01 I 1. EASEMENT AND THE TERMS AND CONDITIONS REFERENCED THEREIN, INCLUDING BUT NOT LIMITED TO, THE FOLLOWING; GRANTEE: PURPOSE; AREA AFFECTED: RECORDED: RECORDING NUMBER: Pacific Northwerst Bell Telephone Company, a Washington corporation, Its successors and assigns Telephone pole line The north 7 feet December 20, 1963 5678862 2. EASEMENT AND THE TERMS AND.CONDITIONS REFERENCED THEREIN, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING; GRANTEE: PURPOSE:· AREA AFFECTED: RECORDED: RECORDING NUMBER: Puget Sound Power & Light Company, a Mass corp. Electric transmission lines The North 7 feet of said premises May 26, 1955 4577287 3. RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBER: August 19, 19p6 4719476 4. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BY; RECORDED: RECORDING NUMBER: REGARDING: JWO LLC, and King County Fire Protection District No. 37, a Washington special purpose district February 13, 2007 20070213001020 Voluntarty Mitigation Agreement and costs related thereto 5. Matters disclosed on a suivey recorded under Recording Number 9810289008. 15 AFTER RECORDING. MAIL TO: John W. O'Neil 11711 SE a" Slreet Suite 310 Bellevue, WA 98005 GRANTOR: TRUSTEE: BENEFICIARY: L6GAL DESCRIPTION: · 1111111111111111 20070327000417 JOHN U ONEIL DT 61,00 PAGE00~F 019 03/27/ 7 10:07 KING TY I UA DEED OF TRUST RobertP, Wenzl and Susan L. Wenzl, husband and wife Chicago Title Insurance Company John W. O'Neil and Erika O'Neil Portion Gov't Lot 1, 36-25-05. Full legal on pages 1-3. ASSESSOR'S PROPERTY TAX PARCEUACCOUNT NUMBERS: 362505-9087-01 DEED OF TRUST 20010321000411 .oo· THIS DEED OF TRUST (herein "Instrument'' Is made this c) (p 'I-"' day of March 2007, among Robert P. Wenzl and Susan L. Wenzl, husband and wife, whose address ls P.O. Box 2401, Kirkland, Washington, 98083 (herein ''Borrowe('), Chicago Title Insurance Company, whose address Is 701 Fifth Avenue, Suite 3400, Seattle, Washington 98104 (herein ''Trustee"), and the Beneficiary, John W. O'Neil and Erika O'Neil, whose address is 11711 SE 8., Street, Suite 310, Bellevue, WA 98005 (herein "Lender'?. BORROWER, In com;lderation of the indebtedness described In this Instrument, irrevocably grants, conveys, and assigns to Trustee, in trust, with power of sale, the following described property located In Seattle, King County, Slate of Washington: THAT PORTION OF GOVERNMENT LOT t, SECTION 36, TOWNSHIP 25 NORTH, RANGE 5 EAST, WILI.AME"ITTMERIDIAN, IN KJNG COUN1Y, WASHINGTON, DESCRIBED AS fOLLOWS: 20070327000417.00: BEGINNING AT THE [NTERSECTION OFTIIE NORTHEASTERLY LINEOF LOT I, SAMMAVISTAADDITION, ACCORDING TO THEPLAT THEREOF, RECORDED IN VOLUME46 OF PLATS, PAGE(S) 90, IN J<ING COUNTY, WASHINGTON, WITH THE SOUTHEASTERLY MARGIN OF LAKE SAMMAMISH SHORELINE ROAD; TIIENCB NORTH 55'32'30" EAST ALONG SAID SOUTHFAS'TERLYMARGIN 116.29 FEET; THENCE SOUTH 49'21'58" EAST 142.20 FEET; THENCE NORTH 39'07'20" EAST JO. 72 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 10'11'02" EAST TO AN INTERSECTION WITH A LINE PARALLEL WITH AND l O FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM A LINE HA VINO A BEARING OF SOUTH 44'49'19" EAST AND PASSING THROUGH THE SOUTH 44°49'19" EAST J07 FEET; THENCE SOUTH 64' PAST TO AN INTERSECTION WITH A LINE PARALLEL WITH AND 25 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID LINE HA VINO A BFARING OF 44°49'19" EAST; THENCE SOUTH 44'49' 19" EAST TO THE SHORE OF LAKE SAMMAMISH; THENCE NORTHEASTERLY ALONG SAID SHORE TO AN [NTERSECTION WITH A LINE PARALLEL Willi AND 80 FEET NORTHEASTERLY, MEASURED AT RIGHT ANGLES, FROM SAID LINE HAVING A BEARING OF NORTH 44°49'19" EAST; THENCE NORTH 44°49'19" WEST TO A POINT WHICH IS NORTH 39'07'20"EAST 65.48 FEET FROM THE POINT OFBEGINNlNG; THENCE SOUTH 39"07'20" WEST 65.48 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER. WITH SECOND CLASS SHORE LANDS ADJOINING; TOGElHER. WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER A STRIP OF LAND 20 FEET IN WIDTH IN GOVERNMENT LOT I, SECTION 36, TOWNSHIP 25 NORTH, RANGE 5 EAST, WILLAMEITE MERIDIAN, IN KING COUNTY, WASHINGTON, AND IN GOVERNMENT LOT I, SECTION 31, TOWNSHIP 25 NORTH, RANGE 6 EAST, WILLAMEITE MERIDIAN, IN KING COUNTY, WASHINGTON, THE NORTHWESTERLY MARGIN OF SAID STRIP (ALSO KNOWN AS IBE LEFT MARGIN OF SAlD STRIP) BBNG DESCRIBED AS FOLL()WS: BEGINNING AT THE NORTHEAST CORNER OF SAID GOVERNMENT LOT 1 IN SECTION 36; THENCESOU1H 35°52'23" WEST 742.44 FEET TO lHETRUEPOINTOFBEGINNING OF SAID LEFT MARGIN; THENCEALONGACURVETOTHELEFfHAVINGARADIUS0F20FEET,ANINITIAL BFARING OF SOUTH 41'30'00" EAST, AN ARC DISTANCE OF 44.69 FEET; THENCEALONGACURVETOTHERIGHTHAVINGARADIUS0F68.l8FEET,ANARC DISTANCEOFSl.31 FEET; THENCE NORTH 78"47'22" EAST 30.84 FEET; THENCEALONGACURVETOTHELEFTHAVINGARADIUSOF90.J6FEET,ANARC DISTANCE OF 39.36 FEET; THENCE NORTH 53°49'47" EAST 127.41 FEET; TIIENCE NOR1H 41'13'08" EAST 190.55 FEET; 2 20070327000417.I THENCE NORTH 26°43'55" EAST 157 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF48.14 FEET, AN ARC DISTANCE OF 53 FEET, MORE OF LESS, TO THE LAKE SAMMAMISH SHORE LINE ROAD AND THE END OF SAID LEFT MARGIN OFSAJD STRIP. TOGETHER with all buildings and Improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, franchise rights (subject, however, to the assignment of rents. to Lender herein), royalties, mineral, oil, gas and water rights appurtenantto the property or any business conducted on the described property, insurance proceeds, condemnation proceeds, and all fixtures, equipment, materials, and personal property now or hereafter located on or used in connection wlth the described property. All of the foregoing, together with the legally described property are herein referred to as the 'Property." · TO SECURE TO LENDER (a) Borrower's obligations under that Guaranty of Note and Deed of Trust under which Borrower guarantees payment and performance of both Q) a promissory note of even date in !he amount ofFive Hundred Ten Thousand and No/100 U.S. Dollars ($510,000.00), togetherwilh Interest thereon, with the balance of the indebtedness, if not sooner paid, due and payable on March 31, 2009, and wh_ich is from Belmont Homes. Inc. a Washington corporation, as maker, to Beneficiary, or order, as payee, and (If) a deed of trust of even date from Belmont Homes, Inc., as grantor, to Beneficiary as beneficiary, encumbering the real property described on the attached Exhibit A and securing the $510,000.00 promissory note from Belmont Homes, Inc. to Beneficiary; (b) the repayment of any future advances, with interest thereon, made by Lender lo Borrower .(herein "Future Advances"); (c) the payment of all other sums, with interest thereon, advanced under the terms of this instrument; and (d) the performance of the agreements and warranties of Borrower contained in this .Instrument. Borrower warrants that Borrower owns the Property conveyed by this Instrument, has the right to grant, convey and assign the Property, that the Property is unencumbered except as set forth on Exhibit B (the "Permitted Encumbrances"), and subject to no easements and restrictions exceptland use restrtctlonsgenerai to the dislrict and the Permitted Encumbrances. Borrowerwarrants and will defend title to the Property against any claim or demand not listed in the exceptions in the preceding sentence. Notwithstanding any other provision of this Instrument or of the Note to the contrary, any default under or failure to comply with the terms and conditions of the allowed encumbrances or the obligations which they secure shall be a default under this Instrument and the Note entitling Lender to Immediate payment In full of the Note and to all remedies in the event of default under this Instrument Borrower agrees and covenants as follows: 1. Payment of Principal and Interest. Borrower shall promplly pay when due the principal of and interest on the indebtedness evidenced by the Note, any prepayment and late charges provided in the Note and all other sums secured by this instrument. 2. Fund for Taxes, Insurance and Other Charges. Upon receipt of written request from Lender, Borrower shall pay to Lender monthly on the day installments of principal or Interest are payable under the Note (or on another day designated In writing by Lender if the Note does not call for monthly payments), until the Note is paid in full, a sum (herein "Funds'1 equal to one-twelfth of (a) the yearly water and sewer rates and taxes and assessments which may be levied on the Property, and (b) the yearly premium installments for fire and other hazard insurance, rent loss 3 20070327000417.00. insurance ahd such other Insurance covering the Property as Lender may require pursuant to this Instrument, all as reasonably estimated initially and from to lime by Lender on the basis of assessments and bills and reasonable estimates. Any waiver by Lender of a requirement !hat Borrow.ir pay such Funds may be revoked by Lender, in Lender's sole discretion, at any time upon noUce in writing lo Borrower. Lender may require Borrower to pay to Lender, In advance, such other Funds for other taxes, charges, premiums, assessments, and impositions in connection With Borrow.ir or the Property w~lch Lender shall reasonably deemed necessary to protect Lender's interests (herein ''Other Impositions"). Unless otherwise provided by appficable law, Lender may require Funds for Other Impositions to be paid by Borrower In a lump sum or in periodic Installments, at Lender's option. The Funds shall be held In an institution(s) the deposits or accounts of which are insured or guaranteed by a federal or state agency. Lender shall apply the Funds to pay said rates, rents, taxes, assessments, insurance premiums, and Other Impositions so long as Borrower is not in breach of any covenant or agreement of Borrower In this Instrument. Lender shall not be required to pay Borrower any interest earnings, or profrts on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds in Lender's normal format showing credits and debltsto the Funds and the purpose for which each debit to the Funds was Made. The Funds are pledged as additional security for the sums ser.:ured by this instrument. If the amount of the funds held by Lender at the time of the annual acr.:ounting thereof shall exceed the amount deemed necessary by Lander to provide' of the payment of water and sew.ir rates, taxes, assessments, insurance premiums, rents, and Other Impositions, as they fall due, such excess shall be credited to Borrower on the next monthly installment or installments of Funds due, If at any time the amount of the Funds held by Lender shall be lass than the amount deemed necessary by Lender to pay water and sewer rates, taxes, assessments, insurance premiums, rants, and Other Impositions, as they fall due, Borrow.ir shall pay to Lender any amount necessaf)I to make up Iha deficiency within thirty (30) days after notice from Lander to Borrower requesting payment thereof. Upon Borrower's breach of any covenant or agreement of Borrower In this Instrument, Lender may apply, in any amount and In any order as Lender shall determine in Lender's sole discretion, any Funds held by Lender at the time of appttcation (l) to pay rates, rents, taxes, assessments, insurance premiums, and Other Impositions which are noworwUI hereafter become due, of (ii) as a credit against sums secured by this Instrument. Upon payment in full of all sums secured by this Instrument, Lander shall promptly refund to Borrower any Funds held by Lander. 3. Application of Payments. Unless appficable law provides otherwise, all payments received by Lender from Borrower under the Nola or this Instrument shall be applied by Lender in the following order of Priority: (I) any amounts payable to Lender by Borrowerfortaxes, Insurance, and other charges; Oi) Interest payable on the Note; (iii) principal of the Note; Qv) interest payable on advances made pursuant to this Instrument; (V) principal advances made pursuant to this Instrument; (vQ Interest payable on any Future Advance, provided that if more than one Future Advance Is outstanding, Lender may apply payments received among the principal balances of the Future Advances in such order as Lender, in Lender's sole discretion, may determine; and (viii) any other sums secured by this Instrument in such order as Lender, at Lender's option, may determine; provided, however, that Lender may, at Lender's option, apply any sums payable pursuant to the numbered paragraph dealing with Protection of Lendets Security prior to interest on and prlncipalof the Note, but such application shall not otherwise affect the order of priority ofapplication specified in this numbered paragraph. 4 20070327000417. 4. Charges; Uens. If Borrower does not pay all water and sewer rates;rents, taxes, assessments, premiums, and Other I mp ositlons attrlbutable to the Property to Lender, Borrower shall make payment, when due, directly to the property payee, or In such other manner as lender may designate In writing, Borrower shall promptly furnish to Lender, if Lender requires, all notices of amounts due under this paragraph and the receipts eVidenclng the payments. Borrower shall prompHy discharge any lleri which has, or may have, priority over or equality wtth, the lien of this Instrument, unless specifically allowed by this Instrument, and Borrower shall pay, when due, the claims of all persons supplying labor of materials to or In connection with the Property. Without Lender's prior written permission, Borrower shall not allow any lien Inferior to this Instrument to be perfected against Iha Prope[ly. 5. Hazard Insurance. Borrower shall keep the Improvements now existing or hereafter erected on the Property insured by carriers at all times satlsfactory to Lender against Toss by fire, hazards included within the term "extended coverage", rent loss and such other hazards, casua!Ues, liabilities, and contingencies as Lender shall reasonably require and In such amounts and for such periods as Lender shall reasonably require, but fn no event for less than the total amount of all allowed encumbrances on the Property, Including this Instrument. All premiums on Insurance policies shall be paid, at Lender's option, in the manner provided for monthly payments to Lender, or by Borrower making payment, when due, directly to the carrier, or in such other manner as Lender may designate in writing. All Insurance policies and renewals thereof shall be In a form acceptable to Lender and shall Include a standard mortgage clause in favor of and in form acceptable to Lemler. Lender shall have the right to hold the policies, and Borrower shall prompUy furnish to Lender all renewal notices and all receipts of paid premiums. At least 30 days prior to the expiration date ofa policy, Borrower shall deliver to Lender a renewal policy in form satisfactory lo lender. Lender shall have no-liability to Borrower nor to anyone else arising out of Lendefs approval, for Lender's own purposes, of any insurance companies or policies under this section. Lender shall have no liability to Borrower nor to anyone else arising out of the exercise of, or failure to exercise, Lender's right to approve the insurance carriers, policy forms and terms or amounts of Insurance. In the event of loss, Borrower shall give immediate written notice to the insurance carrier and to Lender. Borrower hereby authorizes and empowers Lender as attorney-in-fact for Borrower to make proof offoss, to adjust and compromise any claim under Insurance pollc!es, to appear In and prosecute any action arising from such insurance policies, to collect and receive insurance proceeds, and to deduct therefi'om Lender's expenses Incurred in the collection of such proceeds; provided, however, that nothing continued in this numbered paragraph shall require Lenderto Incur any expense ortakeany action hereunder. Borrower further authorizes Lender, at Lende(s option, (a) to hold the balance of such proceeds lo be used to reimburse Borrower for the cost of reconstruction or repair of the Property or (b) to apply the balance of such proceeds to the payment of the sums secured by this Instrument, whetherornotthen due, In the orderofappllcationsetforth in the numbered paragraph desclibing Application of Payments (subject, however, to the rights of any prior encumbrance specifically allowed to remain on 1he Property by the terms of this Instrument). If the Insurance proceeds a re held by lender to reimburse Borrower for the cost of restoration and repair of the Property, the Property shall be restored to the equivalent of its original condition or such other condition as Lender may approve In writing. lender may, at Lendefs option, condiHon disbursement of said proceeds on Lender's approval of such plans and specificaftons of 5 20070327000417.00I an architect satisfactory to lender, contraoto~s cost estimates, architect's certificates, waivers of liens, sworn statement of mechanics and matertalmen, ·and such other evidence of costs, percentagecompletlonof construction, application of payments, and satisfaction ofllens as Lender may reasonably require. If the insurance proceeds are applied to the payment of the sums secured by this Instrument, any such appllcatlon of proceeds to principal shall not extend or postpone the due dates of the Installments required by the Note or change the amounts of such installments. If the Property is sold as provided In the numbered paragraph describing Acceleration and Remedies or if Lender acquires title to the Property, Lender shall have au of the right, title, and interest of Borrower in and to any insull!nce policies and unearned premiums thereof and in and to the proceeds result in from any damage to the Property prtor to such sale or acquisition. 6. Preservation and Maintenance of Property; Franchises; Leaseholds. Borrower (a) shall not commit waste or permit impairment or deterioration of the Property, (b) shall not abandon the Property, (c) shall restore or repair promptly and in good and workmanlike manner ail or any part of the Property to the equivalent of ifs original condition, or such other condition as Lender may approve In writing, in the event of any damage, injury or loss thereto , whether or not Insurance proceeds are available to cover In whole or in part the costs of such restoration orrepair, (d) shall keep the Property, including improvements, fixtures, equipment, machinery, and appliances thereon fn good repair and shall replace fixtures, equipment, machinery, and appliances on the Property when necessary to keep such items In good repair, (e) shall comply with all laws, ordinances, regulations and requirements of any governmental body applicable to the Property, (f) shai give notice in writing to Lender of and, unless otherwise directed in writing by Lender, appear in and defend any action or proceeding purporting to affect the Property, the security of its instrument or the rights or powers of Lender. Neither Borrower nor any tenant or other person shall remove, demolish or alter any improvement now existing or hereafter erected on the Property or any fixture, equipment, machinery, or appliance in oron the Propertyexceptwhen incidenttothereplacementof fixtures, equipment, machinery, and appliances with items ofllke kind. If fhls Instrument allows any other encumbrance of lien on or Interest in the Property, Borrower (i) shall comply with the provisions of the allowed encumbrance or lien, (ii) shall give immediate written noflce to Lender of any default by the holder of the allowed encumbrance or lien or of any noffce received by Borrower from the holder of the allowed encumbrance or lien of any default by Borrower, and Oii) shall give immediate written notice to Lender of the commencement of any remedial proceedings by any party thereto and, if required by Lender, shall permit Lender as Borrowe~s attorney-in-fact to control and act for Borrower in any such remedial proceedings. Borrower hereby expressly transfers and assigns to lender the benefit of all covenants contained In any allowed encumbrance on or Interest In the Property, whether or not such covenants run with the land, but Lender shall have no liability with respect to such covenants. 7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements contained in this Instrument, or if anyacflon or proceeding is commenced which affecls the Property or title thereto or the interest of Lender therein, including, but not limited to eminent domain, Insolvency, code enforcement, or arrangements or proceedings involving a bankrupt or decedent, then Lender at Lende(s option may make such appearance, disburse such sums, and take such action as Lender deems necessary, in its sole discretion, to protect Lender's interest, Including, but not limited to, (I) disbursement of attorney's fees, (ii) entry upon the Property to make repairs, (iii) procurement of satisfactory insurance and (iv) exercise of any option on behalf of Borrower and the curing of any def a ult of Borrower. Any amounts disbursed by Lender pursuant to this numbered paragraph, with interest thereon, shall become addition al Indebtedness of Borrower 6 20070327000417 .( secured by this Instrument. Unless Borrower and Lender agree to other terms of payment, such amounts shall be Immediately due and payable and shall bear Interest from the date of disbursement al the rate stated in the note unless collect Ion from Borrower of interest al such rate would be contrary to applicable law, in which event such amounts shall bear Interest at the highest amount or rate which Is allowed to be Imposed on Borrower under applicable law. Borrower hereby covenants and agrees that Lender shall be subrogated to the lien of any mortgage or other lien discharged, In whole or in part, by the additional indebtedness. Nothing continued In this numbered paragraph shall re9ulre Lender to incur any expense or take any action. 8. Inspection. Lender may make or cause to be made reasonable entries upon and Inspections of the Property. 9. Condemnation. Borrower shall promptly notify Lender of any action or proceeding relating to any condemnation or other taking, whether direct or Indirect, of the Property, or part thereof, and Borrower shall appear in and prosecute any such action or proceeding unless otheiwlse directed by Lender in writing. Borrower authorized Lender, at Lender's option, as attorney-In-fact for Borrower to commence, appear in and prosecute, In Lender's or Borrowers name, any action or proceeding reJating to any condemnation or other taking of the Property, whether direct or Indirect, and to settle or compromise any claim In connection with such condemnation or othertaklflg. The proceeds ofany awards, payment orclaims or damages, direct or consequential, in connection with any condemnation or other taking, whetherdirectorlndlrec~ of the Property, or part thereof, or for conveyance in lieu of condemnation, are hereby assigned to and shall be paid to Lender subject to the rights of the holder of any encumbrance specifically allowed by this Instrument. Borrower authorized Lender to apply such awards, payments, proceeds, or damages, after the deduction of Lender's expenses Incurred In the collection of such amounts, at Lenders option, t9 restoration or repair of the Property orto payment of the sums secured by this Instrument, whether or not then due, witli the balance, If any, to Borrower. Unless Borrower and lender otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the Installments referred to In the Note or change the amount of such Installments. Borrower agrees to execute such further evidence of assignment of any awards, proceeds, damages, or claims arising in connection wlth such condemnation or taking as Lender may require. 10. Borrower and Lien Not Released. From time to time, Lender may, at Lenders option, without giving notice to or obtaining the consent of Borrower, Borrower's successors or assigns or of any other llenholder or guarantors, without liability on Lender's part and notwithstanding Borrower's breach of any covenant or agreement of Borrower in this Instrument, extend the time for payment of said indebtedness or any part thereof, reduce the payments thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of said indebtedness, release from the lien of this Instrument any part of the Property, take or release other or additional security, reconvey any part of the Property, consent to any map or plan of the Property, consent to the granting of any easement, join In any extension or subordination agreement, and agree in writing with Borrower to modify the rate of interest or period or amortization of the Note or change the amount of the monthly installments payable thereunder. Any actions taken by Lender pursuant to the terms of this numbered paragraph shall not affect tha obligation of Borrower's successors or assigns to pay the sums secured by this Instrument and to observe the covenants of Borrower contained herein, shall not affect the guaranty of any person, corporation, partnership, or other entity for payment of the indebtedness secured hereby and shall not affect the lien or priority of Oen hereof on the Property. Borrower shall pay 7 20070327000417 .oo: Lender a reasonable service charge, together with such title insurance premiums and attorney's fees as may be Incurred at lender's option, for any such action Jf taken at Borrower's request. 11. Forbearance by Lender Not a Waiver. Any forbearance by lender In exercising any right or remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any light or remedy. The acceptance by lender of payment of any sum secured by this Instrument after the due date of such payment shall not be a waiver of Lender's light to either require prompt payment when due of all other sums so secured orto declare a default for failure to make prompt payment. The procurement of Insurance or the payment of taxes or other rrens or charges by lender ohall not be a waiver of Lender's right to accelerate the maturity of the indebtedness secured by thls Instrument, nor shall Lender's receipt of any awards, proceeds or damages as provided in this Instrument operate to cure or waive Borrower's default in payment of sums secured by this Instrument. 12, Estoppel Certificate. Borrower shall within ten (10) days of a written request from lenderfumish Lender with a written statement, duly acknowledged, setting forth the sums secured by this Instrument and any right of s~t-off, counterclaim or other defense which exists against such sums and the obligations of this Instrument 13. Unlfonn Commercial Code Security Agreement. This Instrument is intended to be a security agreement pursuantto the Uniform Commercial Code for the rents listed in Paragraph 2·1 below which, under applicable law, may be subject to a security interest pursuant to the Unifonn Commercial Code, and ln the fixtures and personal property, Including Insurance proceeds and condemnation proceeds, which together with the real property comprise the "Property," and Borrower hereby grants Lander a s ecurily interest in said items. Borrower agrees that lender may file any appropriate document in the appropriate index as a financing statement for any of the items specified above as part of the Property. In addition, Borrower agrees to execute and deliver to Lender, upon Lender's request, any financing statements, as well as extensions, renewals and amendments thereof, and reproductions ofthls Instrument In such fonn as Lender may require to perfect a security interest with respect to said items. Borrower shall pey all costs of filing such financing statements and any extension, renewals, amendments and releases thereof, and shall pay all reasonable costs and expenses of any record searches for financing statements lender may reasonably require. Without the prior written consent of Lender, Borrower shall not create or suffer to be created pursuant to the Uniform Commercial Code any other security interest in said items, including replacements and additions thereto. Upon Borrower's breach of any covenant or agreement of Borrower contained in this Instrument, lncludlng the covenants to pay when due arr sums secured by this Instrument, Lender shall have the remedies of a secured party under the Unlfonn Commercial Code and, at Lender's option, may also invoke the other remedies provided in this Instrument as to such Items. In exercising any of said remedies, Lender may proceed against the items of real property and any items of personal property specified above as partoflhe Property separately or together and in any order whatsoever, without In any way affecting the avallablllty of Lender's remedies under the Uniform Commercial Code or of the other remedies provided in this Instrument 14. Remedies Cumulative. Each remedy provided In this Instrument is distinct and cumulative to all other rights or remedies under lhis Instrument or afforded by law or equity, and may be exercised concurrently, Independently, or successively, in any order whatsoever. 8 ~~~~~~~;5 .. -::, • .. --. 20070327000417.001 15. Ac_celeration In Case of Borrower's Insolvency. If Borrower shall voluntarily file a pelttlon under the Federal Bankruptcy Act, as such Act may from time to time be amended, or under any similar or successor Federal statute relating to bankruptcy, Insolvency, arrangements or reorganizations, or under any state bankruptcy or insolvency act, or file an answer In an involuntary proceeding admitting Insolvency or inability to pay debts, or if Borrower shall fail to obtain a vacation or stay of involuntary proceedings brought for the reorganization, dissolution or liquidation or Borrower, or if Borrower shaU be adjudged a bankrupt, or if a Trustee or receiver shall be appointed for Borrower's property, or if the Property shall become subject o the jurisdiction of a Federal bankruptcy court or similar state court, or if Borrower shall make an assignment for the benefit of Borrower's creditors, or if there is an attachment, execution or other judicial seizure of any portion of Borrower's assets and .euch seizure is not discharged within ten days, then Lender may, at Lender's option, declare all of Iha sums secured by this Instrument to be Immediately due and payable without prior notice to Borrower, and Lender may Invoke any remedies permitted by this Instrument Any attorney's fees and other expenses incurred by Lender in connection with Borrower's bankruptcy or any of the other events described in its numbered paragraph shall be additional Indebtedness of Borrower secured by this Instrument. 16. Transfers of the Property or Beneficial/nterest in Borrower; Assumption. On sale or transfer of (I) all or any part of the Property, or any Interest !herein, or (Ii) any legal or equitable Interest In Borrower (if Borrower is not a natural person but ls a corporallo!l, partnership, trust or other legal enttty), or (Iii) the attachment of any lien or encumbrance on the Property junior to this Instrument, Lender may, at lender's option, declare all oflhe sums secured by !his Instrument to be immediately due and payable without regard to any provisions for notlce and opportunity to cure which might otheJWise be applicabl_e, and Lender may invoke any remedies permitted by his Instrument. At Lenoor's sole option, Lender may accept the transfer and, if the transfer rs accepteble to Lender, require the transferee to execute, prior to the sale or transfer, a written assumption agreement containing such terms as Lender may require, lncludlng an increase in the rate of interest payable under the Note and if the interest note is Increased, an increase in the dollar amount of the payments to lhe amount necessary to amortize this Note in the same number of payments as under the prior Interest note .. Because the rights described in !his paragraph cannot be meaningfully exercised unless notice of a prospective sale or transfer and any reasonably requested Information on the transferee (hereafter collectively referred to a~ "prior notice") are provided prior lo a sale or transfer, the failure to give priornotlce In writing to Lender shall Itself constitute a breach of a material provision of this agreement. . 17. Notice. Except for any notice require under applicable law to be given in another manner, (a) any notice to Borrower provided for in this Instrument or in the Note shall be given by personal delivery or by mainng such notice by certified ail addressed to Borrower at Borrower's address stated In this Instrument or at such other address as Borrower may designate by notice to Lender, and (b) any notice to Lender shall be given by personal delivery or by certified mall, retum receipt requested, lo Lender's address staled in this lnstrument'orto such other address as Lender may designate by notice to Borrower. Any notice provided for In this lnstrumentorinthe Note shall be deemed to have been_glven to Borrower or Lender on the eariler' oflhe second dayfollowjng the . date of malling or the date of actual receipt when given In the rrian_ner designated herein. 18. Successors and Assigns Bound; Joint and S~veial Liability; Agents; Captions. The covenants and agreements herein contained shall bind, al')~ t~e rights hereunder shall inure to ,the respective successors and assigns of Lender and Borro'iver. subject to the !Imitations on transfer described in this.Instrument. All covenants and agreen\j3nts of Borrower shall be joint and 9 20070327000417.011 several. In exercising any rights or taking any actions provided for In this Instrument, Lender may act through Its employees, agent or independent contractors. The captions and headings of the paragraphs of this Instrument are for convenience In locating provisions only and are not to be used to Interpret or define ttie provisions. 19. Govemlng Law; Severab/1/ty, This Instrument shall be governed by the law of the Stale of Washington, without regard to its conflicts of laws principles. In the eventthatanyprovislon of this Instrument or the Note con~lcts with applicable law, such conflict shall not affect other provisions of this Instrument or the Note which can be given effectwi!houlthe conflicting prqvtsions, and to this end the provisions of this Instrument and the Note are declared to be severable. In !he event that any applicable law limiting the amount of interest or other charges permitted to be collected from Borrower rs Interpreted so that any charge provided for in this Instrument or in the Note, whether considered separately or together with other charges levied in connection v.;th this Instrument and the Note, violates such law, and Borrower Is entitled to the benefit of such law, such charge Is hereby red.uced to the extent necessary to eliminate such violation. The amounts, if any, previously paid to Lender In excess of the amounts payable lo Lender pursuant to·such charges as reduced shall be applied by Lender to reduce the principal or the indebtedness evidenced by the Note. For the purpose of determining whether any applicable law limtting the amount of interest or other charges permitted to be collected from Borrower has been violated, all Indebtedness which is secured by this Instrument or evidenced by the Note and which constitutes interest, as well as all other charges levied in connection with such indebtedness which constitute interest, shall be deemed to be allocated and spread over the stated term of the Nate. Unless otherwise required by applicable law, such allocation and spreading shall be effected In such a manner that the rate of interest computed thereby is uniform throughout the stated term oflhe Note. 20. Waiver of Marshaling. Notwithstanding the existence of any other security interests In the Property held by Lender or by any other party, Lender shall have the right to determine the order In which any or all of the Property shall be subjected to the remedies provided by this Instrument Lender shall have the right to determine the order Tn which any or all portions of the Indebtedness secured by this Instrument are satisfied from the proceeds realized upon the exercise of the remedies provided In this lnstrumenl Borrower, any party who consents to this Instrument and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice of this Instrument herebywa!ves any and all righttorequirethe marshaling of assets In connection with the exercise of any of the remedies permitted by applicable law or by this Instrument. 21. Assignment of Rents; Appointment of Receiver; Lender in Possession. As part of the consideration for the Indebtedness evidenced by the Note, Borrower hereby absolutely and uncondit!onally assigns and transfers to Lender, subject to the rights of any prior encumbrance allowed by this Instrument, all the rents and revenues of the Property, Including those now due, past due, or to become due by virtue of any lease or other agreement For the occupancy or use of all or any part of the Property, regardless of to whom the rents and revenues of the Property are payable. Borrower hereby authorizes Lender or Lende~s agents to collect the aforesaid rents and revenues and hereby directs each tenant of the Property to pay such rents to Lender or Lendets agents; provided, however, that prior to written notice given by Lender to Borrower of the breach by the Borrower of any covenant or agreement of Borrower in this Instrument, Borrower shall collect and receive all rents and revenues of the Property as Trustee for the benefit of Lender and Borrower, to . apply the rents and revenues so collected to the sums secured by this Instrument in the order provided in this Instrument with the balance, so long as no such breach has occurred, to the account 10 20070327000417.01· of Borrower, ff being Intended by Borrower and Lender that this assignment of rents constitutes an absolute assignment and not an assignment for addlllonal security only. Upon delivery of written notice by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower In this Instrument, and without the necessity of Lender entering upon and taking and maintaining full control of the Property in person, by agent or by a court-appointed receiver, Lender shall immedlatelybe entitled to possession of all rents and revenues and franchise rights as specified In this numbered paragraph as the same become due and payable, Including but not limited to rents then due and unpaid, and all such rents shall immediately upon del!Very of such notice be held by Borrower as Trustee for the benefit of Lender only: provided, however, that the written notice by Lender to Borrower of the breach by Borrower shall contain a statement that Lenderexercises Its rights to such rents. Borrower agrees that commencing upon delivery of such written notice of Borrowet's breach by Lender to Borrower, each tenant of the Property shall make such rents payable to and pay such rents to Lender or Lendet's agents on Lendet's written demand to each tenant therefor, delivered to each tenant personally, by mall or by delivering such demand to each rental unit, without any liability on the part of said tenant to lnquira further as to the existence of a default by Borrower. Borrower hereby warrants that Borrower has not executed any prtor assignment of said franchise rights and rents except as included in the list of allowed encumbrances in this Instrument and that Borrower will not perform any acts and will not execute any instrument which would prevent Lender from exercising Its rights under this numbered paragraph, and that atthe time of execution of this Instrument there has been no a nticipatlon or prepayment of any of the rents of the Property except as a security deposit fornot more than two months rents. Borrower covenants that Borrower will not hereafter collect or accept payment of any rents of the Property more than two months prior to the due dates of such rents except as security deposit for no more than two months rent. Borrower further covenants that Borrower will execute and deliver to Lender suoh further assignments of rents and revenues of the Property as Lender may from time to time request. Upon Borrower's breach of any covenant or agreement of Borrower in this Instrument, Lender may ln person, by agent or by a court-appointed receiver, regardless of the adequacy of Lende(s seculity, enter upon and take and maintain full control of the Propertyinorderto perfonn all acts necessary and appropriate for the operation and maintenance thereof lncludlng, but not limned to, the execution, cancellation or modification of leases, the collection of all rents and revenues of the Property, the exercise of all franchise rights now operated at the Property, the making of repairs to the Property and the execution or termination of contracts providing for the management or maintenance of the Property, all on such temis as are deemed best to protect the security of this Instrument, Borrower hereby expressly consent to the appointment of such receiver. Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property. All rents and revenues collected subsequentto delivery of written notice by Lender to Borrower of the breach by Borrower of any covenant or agreement of Borrower in this Instrument shall at Lendet's sole option be applied flrstto the costs, if any, of taking control or and managing the Property and collecting the rents, Including, but not limited to, attorney's fees, receiver's fees, premiums on receivets bonds, costs of repairs to the Property, premiums on insurance poficies, taxes, assessments and other charges on the Property, and the costs of discharging any obligation or liability or Borrower as lessor or landlord of the Property and then to the sums secured by this lnsbtJment. Lender or the receiver shall have access to the books and records used in the operation and malnlenatme of the Property and shall be liable to account only for those rents actually received. Lender shall not be liable lo Borrower, anyone claiming under or through Borrower or any having an Interest in the Properly by reason or anything done or left undone by Lender under this numbered paragraph. 1 l 20070327000417.J lfihe rents of the Property are not sufficient to meet the costs, if any, of taking control of and managing the Property and collecting the rents, any funds expended by Lender for such purposes shan become indebtedness ofBorrowerto Lender secured by this Instrument. Unless Lender and Borrower agrees in writing to other terms of payment, such amounts shall be payable upon notice · from Lender to Borrower requesting payment thereof and shall bear interest from the date of disbursement at the rete stated in the Note unless payment of Interest at such rate would be contrary to applicable law, In which event such amounts shall bear interest at the highest rate which may be collected 1mm Borrower under applicable law. Anyone entering upon and taking and maintaining ofcontrol of the PropertybyLenderorthe receiver and any application or rents as provided shall not cure or waive any default or Invalidate any other right or remedy of Lender under applicable law or provided in this instrument. This assignment of rents of the Property shall terminate at such time as this instrument ceases to secure indebtedness held by Lender. 22. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower In this Instrument, Including, but not limfted to, the covenants to pay when due any sums secured by this Instrument, Lender at Lende~s option may declare all of the sums secured by this lnsirumentto be immediately due and payable without further demand. After giving Borrowernotice of default in any manner prescribed by applicable law, Lender may Invoke the power of sale and any other remedies permitted by applicable law or provided herein. Borrower acknowledges that the power of sale granted by this Instrument may be exercised by Lenderwilhout prior judicial hearing. Borrower has the right to bring an action to assert the non-existence of a breach or any other defense of Borrower to acceleration and sale. Lender shall be entitled to collect an costs and expenses Incurred pursuing such remedies, including, but not Umited to, attorney's fees and costs of doqumentary evidence, abstracts and litle reports. If Lender invokes the power of sale, Lender shall give written notice. to Trustee of the occurrence of an event of default and of Lende~s election to cause the Property to be sold. Trustee and Lender shall give such notices as the applicable laws may require to Borrower and to such other persons as the applicable laws prescribe, and after the lapse of such time as may be required by applicable law, Trustee shall sell the Property according to the applicable Jaws. Trustee may sell the Property at the time and place and under the terms designated in the notice of sale In one or more parcels ands In such order as Trustee may determine. Trustee may postpone sale of all or any parcal of the Property for a period or periods not exceeding a total of 30 days by public announcement at the time and place fixed in the noUce of sale. Lender's designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying lhe Property so sold without any covenant or warranty, expressed or implied. The recitals In the Trustee's deed shall be prima racre evidence of the truth of the statemenlsmade therein. Trustee shall apply the proceeds of the sale In the following order; (a) to all costs and expenses of the sale, including but not limited to, Trustee's and attorney's fees and costs of title evidence: (b) to all sums secured by this Instrument in such order as Lender, in Lender's sole discretion, directs; and (c) the excess, if any, to the clerk of the superior court of the county In which the sale took place. 23. Reconvej,ance. Upon payment of all sums secured by this Instrument, Lender shall request Trustee to ieconvey I.he Properly and shall surrender this Instrument and all notes evidencing Indebtedness secured by this fnst11Jmenl to Trustee. Trustee shall reconveythe Property 12 20070327000417.01: without warranty ID the person or persons legally entitled thereto. Such person or persons shall pay Trustee's reasonable costs incurred in so reconveylng the Property .. 24. Substitute Trustee. In accordance with applicable law, lender may from time to time appoint a successor Trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor Trustee shall succeed to all thetltle, power and utilities conferred upon the Trustee herein and by applicable law. 25. Use of Property. The Property is not used principally for agricultural or farming purposes. 26. Attorney's Fees and Costs. In the event of any controversy, claim or dispute arising out of, or relating to, this agreement or the method and manner of performance thereof or the breach thereof, the prevaillng pariy shall be entitled In addition to any other relief, a reasonable sum in attorneys' fees and litigation expenses. In the event neilher party whoUy prevails, the party that substantially prevails shall be awarded a reasonable sum for attorneys' fees and litigation expenses. In detenninlng what Is a reasonable sum for attorneys' fees and litigation's expenses, the aciual amount of the attorneys' fees the party is obligated to pay its attorney or attorneys shall be presumed to be reasonable, which presumption Is reputable, and the actual expenses Incurred In the proceeding including all expenses of a party for travel, etc., shall be presumed to be reasonable, which presumption is reputable .. 27. Hazardous Substances. Borrower warrants that no Hazardous Materials exist on, under or over the Property oron, under or over any properties immediately adjoining the Property, and the Property ls not In violation of any federal, state or local law, ordinance or regulation relating to Industrial hygiene or the environmental conditions on, under or over the Land and the· Property, including, without limitation, soil and groundwater conditions. "Hazardous Materials" shall mean: (I) substancesdeflned as "hazardous substances,""hazardous materials,"or'1oxlcsubstances" lnthe Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. D6901, et. seq.; the Hazardous Materials Transportation Act, as amended, 49 U.S.C. D6901, et. seq.; (ii) substances covered and/or regulated pursuant to the Resources Conservation and Recovery Act, 42 U.S C. Sec. 9601, et. seq., (Iii) substances covered and/or regulated by the Washington Model Toxins Control Act, Chapter 70.105D RCW, and the Washington Hazardous Waste Management Act, Chapter 70. 105 RCW, (iv) asbestos in any form, urea formaldehyde foam insulation, transformers or other equipment which contain dielectric fluid or other fluids containing levels ofpolychlorinated blphenyl's; (v) petroleum and/or petroleum producl$ or byproducts; and (vi) any other chemical, material or substance, exposure to which is prohibited, limited or regulated by anygoveinmental authority or may or could pose a hazard to the health and safety of the occupants of the Property or the owners and/or occupants of property adjacent to the Property. Borrower/Granter agrees to pay, defend (including, but not limited to, payment of attorney's fees and costs of suit), Indemnify and hold lender harmless from any and all costs, actual and foreseeable consequential damages and losses, fines, penaltles, remediation costs or other costs or expenses of any kind, arising from or related to the past. current orfuture presence of Hazardous Materials on, under or over the Property, whether or not known to Borrower/Grantor and whether prior to or following the repayment of the Note or prior to or following the foreclosure of this Instrument or trustee's sale under this Instrument. This indemnification is not secured by this Instrument This indemnity shall survive any foreclosure or trustee's sale underthis Instrument, or any deed in lieu of foreclosure or similar transfer, and is notincluded In any debt which rs statutorily extinguished. 13 ~UM1'.~ Susan L Wenzl, his wife Date: ~ • 9-1· Or Address: P.O. Box 2401 Kirkland, WA 98083 14 20070327000417.01• as executed this Instrument: STATEOFWASHINGTON ) )ss COUNTY OF K I N G 20070327000417 .011 on thlscll, day of March, 2007, before me, the undersigned, a Notaiy Public in and for the State ofWashlngton. duly commissioned and sworn personally appeared Robert P. Wenzl, to me known to be,.or having shown satisfactory evidence of being, the individual described in and who executed the foregoing instrument, and acknowledged to me that he signed and sealed the said Instrument as his tree and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year In this certificate above written- NOTARY PUBLIC in and for the State of Washington. residing at®;.!j""'d l,J ~ My appointment expires -:a..;,: · D j On this<"'~ day of March, 2007, before me, lhe undersigned, a Notaiy Publlc in and for the State of Washington, duly commissioned and sworn personally appeared Susah L Wenzl, to me known to be, or having shown satisfactory evidence of being, the individual described in and who executed the foregoing instrument, and acknowledged to me that she signed and sealed the said instrument as her free and voluntary act and deed for the uses and purposes therein mentioned •. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC in and f~t~e Slat70! • ,f Washington, residing at _,.,,/M,,.,...1'1'11'1J,.£(u._ ..... ....,_.c;K.ut=., My appointment expires 3 · ?:1 · CJ¥ 15 20070327000417 .011 EXHIBIT A LEGAL DESCRIPTION OF REAL PROPERTY SUBJECT TO BELMONT HOMES, INC. DEED OF TRUST The north half of the northwest quarter of Government Lot 4, Section 5, Township 22 North, Range 5 East, WM , in King County, Washington: EXCEPT 192"" Street and 102"' Avenue Southeast: ALSO EXCEPT that portion lying south of an existing fence, described as follows: Beginning at a point on tt1e west line of said northwest quarter 33 66 feet south of the northwest comei thereof; Thenca.soutb ·00~22!25" west along the west line of said northwest quarter 261.46 feet Ip said'el(istlng fecice; Thence along said fence south 88'28'15" east 215.76 feet, south 88°47'51" east 299.07 feet and south 88°12126'.' east and extension thereof 139.20 feet to the east tine of said northwest quarter of Government Lot 4, and the terminus of said line . . , 16 20070327000417.I EXHIBIT B SPECIAi, EXCEPTIONS A 1. EASEMENT AND THE TERMS ANO CONDITIONS THEREOF: PURPOSE: AREA AFFECT£D: RECORDED: RECORDING NUMBER: I NGRESS. EGRESS AND un LI Tl ES THE NORTHERLY AND NORTHWESTERLY PORTION OF SA IO PRE!! I SES AND OTHER PROPERTY DECEMBER 4, 195B 4972509 B SAID INSTRUMENT CONTAINS PROVISIONS FOR BEARING THE COST OF MAINTENANCE, REPAIR OR RECONSTRUCTION OF THE EASEMENT BY THE USERS. C 2. COVENANT TO BEAR PART OR ALL OF THE COST OF CONSTRUCTION OR REPAIR OF EASEMENT GRANTED OVER ADJACENT PROPERTY : PURPOSE OF EASEMENT: RECORDING NUMBER: ROAD 4999239 D 3. COVENANT TO BEAR PART OR ALL OF THE COST OF CONSTRUCTION OR REPAIR OF. EASEMENT GRANTED OVER ADJACENT PROPERTY: PURPOSE OF EASEMENT: RECORDING NUMBER: ROAO 4999240 E 4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED, RECORDING NUMBER: CITY OF BELLEVUE, A MUNICIPAL CORPORATION TEMPORARY CONSTRUCTION EASEMENT PORTION OF SAID PREMISE$ NOVEMBER 3, 1987 8711030713 F 5. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL. GASES, COAL, ORES, MINERALS, FOSSILS, ETC., AND THE RIGHT OF ENTRY FOR OPENING, DEVELOPING ANO WORKING THE SAME AND PROVIDING THAT SUCH RIGHTS SHAU NOT BE EXERCISED UNTIL PROVISION HAS BEEN l!ADE FDR FULL l.1.tACMIIIIRDA/119'111 20070327000417 .011 EXHIBIT B SPECIAL EXCEPTIONS PAYMENT OF ALL DAMAGES SUSTAINED BY REASON OF SUCH ENTRY: RECORDED UNDER RECORDING NUMBER 527387. G 6. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FROM: RECORDED: RECORDING NUMBER: WILLIAM F. RAWSON AND DOUGLAS C. CONOVER JUNE 17, 1927 2366805 AS FOLLOWS: RESERVATION OF AN UNDIVIDED ONE HALF INTEREST IN ANO TO THE WATERS OF ANY AND ALL STREAMS OF WATER AND THE RIGHT TO GO UPON THE LAND AND LAY A PIPE LINE OR LINES FQR DOMESTIC PURPOSES. H 7. QUESTION OF LOCATION OF LATERAL BOUNDARIES OF SAID SECOND CLASS TIDELANDS OR SHORELANDS. 8. ANY PROHIBITION OR Lll~ITATION OF USE, OCCUPANCY OR IMPROVEMENT OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW OR HAS BEEN FORMERLY COVERED BY WATER. J 9. PARAMOUNT RIGHTS AND EASEMENTS IN FAVOR OF THE UNITED STATES FOR COMMERCE, NAVIGATION, FISHERIES AND THE PRODUCTION OF POWER, K 10. INTENTIONALLY LEFT BLANK l 11. INTENTIONALLY LEFI BLANK EXHlllIT B U 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: ROBERT P. WENZL AND SUSAN L. WENZL, HUSBAND AND WIFE WASHINGTON MUTUAL BANK, FA, A FEDERAL SAVINGS BANK PACIFIC NORTHWEST TITLE $ 2, 100,000,00 DECEMBER 27, 2006 JANUARY 3, 2007 20070103000775 3012417907•080 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. N 13, DEED OF TRUST AND THE TERMS ANO CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: ROBERT P. WENZL AND SUSAN L. WENZL GROUP 9, INC., A PENNSYLVANIA CORPORATION WASHINGTON MUTUAL BANK, A FEDERAL ASSOCIATION $ 417,200.00 NOT DISCLOSED FEBRUARY 12, 2007 20010212001 aao 0754819464 THE AMOUNT NOW SECURED BY SAID DEED OF :TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. 20070327000417.011 -- " ' \ ' ' / .. / , . I ~· . .. ~· ,ltfr / /I/ • -$' I ti •;'7 •• . ,// !'; ; ; i ~ I •/ ~ I ' I, i~ L 102NDSTSE -----t:---- '1ri1r.&j r-I 1,1;,, .•. l uti:!llj iil,111t;Rai: i1a~•';; C/l !;-l:ja' --~... ~ £'ii!~? .1a ~ .. %!11 eir O l ,· ,. : i=<~~~:; ' l ! ! /2.5/!46 \ ' I ' I , r t " •• ,. ,:, qi, i!'i' -f r • I • i·· 111~p1 ·~·'i !ii I~! I '.(!li ! ti ;---~---- I' '!1'1, '" t, i a-iii I • i•i i ' t Iii .. ·,