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HomeMy WebLinkAboutLUA 09-125_6_Miscf A, King County Road Services Division Department of Transportation 201 South Jackson Street Seattle, WA 98104-3856 Camwest 9720 NE 12e Place, 4100 Kirkland, WA 98034 RE: Road Variance L04VO004 — Shamrock — Related File L02P0014 Dear Sir/Madam: March 19, 2004 Thank you for submitting your application for a road variance from the King County Road Standards (KCRS). You requested a variance from Section 2.03 of the KCRS concerning the requirement for a crowned road cross-section. The Shamrock project is a demonstration project that King County Ordinance 14662 approved as a low -impact development. We have reviewed the one directional road cross -slope that is proposed for minor access and subaccess classification roads. The one direction cross slope on these local access streets will allow for an alternative drainage design with discharge to adjacent water quality swales. I approve a variance to allow the one -directional road cross slope on minor access and subaccess classification roads with the condition that slotted drains be utilized in the vertical curb to direct flows to the water quality swales. A copy of the staffs analysis, findings and conclusions is enclosed. If you have any questions, please call Craig Comfort, Road Variance Engineer, Traffic Engineering Section, at 206-263-6109. WE, Paulette Norman, P.E. County Road Engineer PN: CC:kc cc: James Sanders, P.E., Development Engineer, Land Use Services Division (LUSD), Department of Development and Environmental Services (DDES) Pete Dye, P.E., Senior Engineer, LUSD, DDES Linda Dougherty, Director, Road Services Division (RSD), Department of Transportation (DOT) Norton Posey, P.E., Acting County Traffic Engineer, Traffic Engineering Section, RSD, DOT Fatin Kara, P.E., Supervising Engineer, Traffic Engineering Section, RSD, DOT Kris Langley, Senior Engineer, Traffic Engineering Section, RSD, DOT Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section, RSD, DOT King County Road Services Division Department of Transportation Traffic Engineering Section MS KSC-TR-0222 201 South Jackson Street Seattle, WA 98104 March 19, 2004 TO: Variance File FM: Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section RE: Road Variance L04 V0004 — Shamrock - Related File L02P0014 Ayulicant's Presentation: 1. Shamrock is a preliminary plat Low Impact Demonstration (LID) Project with 118 lots located on the west side of 148h Avenue SE at the 12400 block. The variance request is to apply a one directional cross slope for subaccess and minor access streets within the Low Impact Development portion of the project. The King County Road Standards requires a crowned road at 2% cross -slope. A variance is also requested for curb drops (notches) that convey surface water flow from the one directional cross slope pavement to the roadside grass -lined swales. 2. The design with one -directional road cross slope and notched curb.will allow for swales in lieu of closed pipe and provide increased contact of runoff with soils, facilitating opportunities for infiltration and water quality treatment and resulting in increased travel time and time of concentration. The natural function of the watershed is more closely mimicked resulting in reduced detention pond size and thus helping to minimize the impacts of development. The project will utilize vertical curb on the roads and the sidewalks will be on the upper side of the one -directional roads so that drainage will not run across the sidewalks. The grass -lined swales will be in privately maintained tracts. 3. The variance approval will not result increased County maintenance costs because the swales are in private tracts and fewer drainage appurtenances will be maintained by King County. Staffs Findings and Conclusions: 1. Concurrence with the applicant's presentation. 2. The one -direction cross -slope on these low classification roads (minor access and subaccess) would not compromise the traffic or maintenance functions of the roads. 3. The proposed notched curb should be replaced with slotted drains that extend through the vertical curb. Slotted drains will allow for a continuous top of vertical curb and no notching. King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-1219 March 25, 2004 Sara Slatten CamWest, Inc. 9720 NE 120`h Place Krkland, WA 98034 Rebecca Cushman, P.E. Triad Associates 11814 -- 115th Avenue NE Kirkland, WA 98034 RE: Shamrock Subdivision 1998 KCSWDM Adjustment and Shared Facility Plan Request File No. L04V0003 Dear Applicant and Engineer: The Land Use Services Division, Engineering Review Section, has completed review of the adjustment and shared facility plan approval request for the Shamrock subdivision. You are requesting an adjustment from the 1998 King County Surface Water Design Manual (KCSWDM), Core Requirement No. 1, Section 1.2.1, Discharge at the Natural Location for an on-site diversion, an adjustment from Section 3.3, Hydrologic Design Procedures and Considerations and Section 6.4, Wetpool Facility Design, concerning modification of hydrologic coefficients in acknowledgment for low -impact design (LID) enhancements and mitigations. You are also requesting approval for an adjustment from Core Requirement No. 3, Section 1.2.3 to utilize an off-site storm water facility and formalize its shared use through Special Requirement No. 1, Section 1.3.1, Shared Facility Drainage Plans with the Shared Facility Plan Guidelines published in a memo dated September 15, 1999. Our review of the information and a site visit provides the following findings: 1. The proposed Shamrock subdivision is located between approximately SE 120th and 125th Streets on the west side of 148th Avenue SE. The 118 lot, 29.8 acre, proposed Shamrock subdivision is filed under Land Use Services Division (LUSD) file number L02P0014. 2. The runoff from the northern edge of the site, tributary to both the northern part of Wetland B and the north -central wetland (Wetland C), flows north to the Honey Creek subbasin of the May Creek basin and is subject to Level One flow control. The remaining majority of the site is located in the Maplewood subbasin of the Lower Cedar River basin and is subject to Level Two flow control. The entire site is subject to the Basic water quality requirements of the 1998 KCSWDM. 3, The Shamrock subdivision is included as one of the three demonstration projects listed in King County Ordinance 14662, signed June 2, 2003, to promote low impact development techniques. Shamrock Subdivisions L 0003 March 25, 2004 Page 2 of 5 4. Approximately two acres adjacent to the north property line are tributary to Wetland C and the northern portion of Wetland B which both drain north to Honey Creek. See Exhibit 1, Existing Conditions. The remainder of the site sheetflows in a west to southwest direction toward the southern portion of Wetland B and other hydraulically - connected wetland areas to the west and south of the site. A wetland hydrology report indicates that for significant storm events (greater than the 1.1 year storm event) Wetland B drains to both the north and south. It is assumed that the southern wetland complex eventually drains to its natural discharge location at the southern property line and crosses under 128th Avenue SE through a 42 -inch culvert and continues south. Flows from the Honey Creek and Maplewood subbasin do not recombine. 5. From the SE 124" Street entrance road north, the Shamrock subdivision proposes 76, low -impact lots to be tributary to a reduced -volume North Pond shown at the southern end of Wetland B. Please see Exhibit 2, Developed Conditions. Although most of the rooftop and backyard lot areas surrounding Wetland C will be utilized for hydraulically maintaining Wetland C, the proposal is to collect most runoff from the remaining Honey Creek subbasin area to be developed and divert it to the North Pond located in the Maplewood subbasin. The North Pond will be a combined detention and water quality facility and is intended to be designed with a stormwater wetland. The allowed release would then outlet to the southern end of Wetland B. Because wetland areas south of Wetland B were filled, the wetland mitigation plan will require hand digging out the fill material so that Wetland B will reestablish direct hydraulic connectivity to the wetland complex to the south. 6. Site areas south of the SE 1201 Street entrance road will be directed to the South Pond. Sheetflow to the west will be intercepted by standard conveyance and diverted to the South Pond. Some nuisance sheetflow will be reduced along the western site boundaries in the south half of the site. Frontage improvements are included in the conceptual drainage plan. Flows from the South Pond are released into the storm drainage system of SE 128t}' Street. 7. No decorative ponds or shallow wells have been identified that would be affected by the proposed diversions. 8. The Level One Downstream Analysis identified no restrictions or problems associated with the proposed discharge location. 4. A consolidation of facilities for the proposed subdivision will be more economical in long term maintenance. 10. As previously mentioned, the northern 76 lots are being design to incorporate low impact best management practices (BMPs). The proposal includes all lot and common landscape areas to contain amended soils, that roof downspout perforated pipe lengths within the amended soil be 25-40 feet long and that nearly all pervious and impervious drainage will be directed to grass -lined and bioretention swales which will Shamrock Subdivision/L 0003 March 25, 2004 Page 3 of 5 significantly increase the flow path length to the stormwater facility. In addition, a rain garden is proposed for additional pre -storage and treatment before runoff is directed to the North Pond. 11. The proposal is to allow the cumulative benefits of the low -impact designs to translate into reduced North Pond stormwater facility size based on modest reduction of key hydrologic parameters used in the KCRTS model. This precedence is already established in the 1998 KCSWDM through Core Requirement No. 3 which allows peak flow exemptions for flow control BMPs and in Section 5.2.2 for BMPs that can reduce facility size. Specifically, the applicant is asking that a) the roofs be modeled as 50% till grass and 50% impervious, b) the amended soil landscape areas be modeled as `pasture' instead of `grass', and c) the coefficient associated with the `area of till soil covered with grass' in equation 6-13 used for wetpool sizing be reduced from 0.25 to 0.20. The applicant cites studies where extended use of amended soils has significantly reduced post -development runoff volumes. 12. South of the SE 124th Street entrance, two ad hoc parcels compose the southern 42 lots of the King County Shamrock development proposal. Adjacent immediately to the south, is another 1 I lot development within the City of Renton also referred to as Shamrock. Both the southern portion of the King County Shamrock development and the contiguous City of Renton Shamrock development are to be served by conventional conveyance and detention in a shared facility along SE 128th Street referred to as the South Pond. This parcel is owned by the applicant and the proposed shared facility will be dedicated to the City of Renton. An existing pond along the eastern edge of where the South Pond will be constructed appears to be an abandoned pond which now passes existing flows from the City of Renton Shamrock site to SE 128th Street. This pond will be expanded within the limits of the City of Renton Shamrock parcel to accommodate the southern portion of the King County and Renton Shamrock subdivisions. The City of Renton has adopted the 1998 KCSWDM for its storm water drainage standards, simplifying the design of the South Pond. 13. The applicant has submitted to the City bf Renton a subdivision permit to develop the parcel and expand the current drainage facility. It is acknowledged that the City of Renton has review and approval jurisdiction over the South Pond drainage modifications. This shared facility plan approval by King County is to acknowledge the accommodation of a King County subdivision's runoff by a Renton stormwater facility and the design assumptions used for the facility's expansion. The assumed land cover for the design of the King County's portion of the pond is to be calculated based on maximum zoning impervious coverage. The developer of the King County Shamrock subdivision will expand the facility to its final configuration. Both the North and South Ponds would utilize the Level Two flow control and Basic water quality requirements of the 1998 KCSWDM since they both drain south to the Maplewood subbasin. Based on these findings, we hereby approve this adjustment to allow a) the diversion of runoff to two facilities ultimately draining to SE 128th Avenue, b) modification of hydrologic Shamrock Subdivision/L 70003 March 25, 2004 Page 4 of 5 modeling coefficients used in the wetpool and KCRTS facility sizing methodology for the North Pond whose tributary area utilizes low impact BMPs, and c) use of an off-site, shared facility in the City of Renton with the following conditions: 1. The release rates for the North Pond detention facility will be based on the tributary area being directed to the facility including the area of diversion. The release rates for the South Pond detention facility will be based on the tributary area being directed to the facility and the area within the City of Renton that the city deems appropriate. 2. The volume for both detention facilities will be based on all flows directed to the facilities at full development under current zoning. The allowed release rates will be reduced by any undetained flows that would bypass the proposed subdivision drainage facilities as specified in the 1998 KCSWDM. The detention volumes shall be sized using the Level Two flow control standard in the 1998 KCSWDM. A 10 to 20 percent volumetric factor of safety must be applied to all storm events requiring detention. The design Technical Information Report shall state the factor of safety selected and the basis of that determination. 3. Water quality facilities must be sized based on the entire proposed subdivision draining to the facilities including any required frontage improvements. 4. The North Pond drainage facility to be maintained by King County must be located in a public right-of-way, recreation space tract with easement or storm drainage tract dedicated to King County. The City of Renton will determine tract requirements for the South Pond. 5. Amended soils will be used throughout all non -impervious, developed area tributary to the North Pond. Gravel encased perforated pipes shall be a minimum of 25 feet long and be designed to meet Figure 5.1.3.A in the 1998 KCSWDM for all lots intending to use the 50% impervious/50% till grass credit. 6. All amended soil areas shall be located on private property and be privately maintained. 7. The attached "Guidelines & Resources" Manual 2002 shall be used as minimum standards for implementing amended soil depth and quality for the Low Impact Development portion of the King County Shamrock site. This manual was established to implement Washington State's Department of Ecology guidelines for soil quality to improve storrnwater retention. 8. The accompanying "Field Guide" will be used to facilitate field inspection of the amended soil areas. 9. To document the impact of low impact development design, the North Pond's outflow stage/discharge shall be continuously monitored for three years starting at 75% buildout of that portion of the site. The data and interpreted results shall be presented Shamrock Subdivision./L 0003 March 25, 2004 Page 5 of 5 to King County WLRD Stormwater Services Section at the end of each full year of monitoring. 10. The developer of the South Pond facility is responsible for all costs associated with the implementation of the shared facility plan. Engineering plans for the King County Shamrock subdivision shall note this approved shared facility plan. 11. The South Pond shall be expanded/built to full facility size during development of the south portion of the Shamrock development. 12. Any proposed modification to the existing storm water facility adjacent to SE 128t" Street will require approval of a valid land use permit from the City of Renton. A note on the engineering plans shall state that on-site construction south of SE 124th Street shall not commence without an approved land use permit from the City of Renton. 13. The South Pond facility shall be inspected and receive approval for operation by the City of Renton prior to recording of the King County Shamrock subdivision. 14. Additional storm drainage requirements identified by SEPA or the plat hearing will apply to this project. Any additional storm drainage requirements identified by the City of Renton will apply to the South Pond. If you have any farther questions regarding this KCSWDM adjustment or the design requirements, please contact Mark Bergam at (206) 296-7270. Sincerely, James Sanders, P.E. Development Engineer Engineering Review Section Land Use Services Division Jim Chan, P.E. Supervising Engineer Site Engineering and Planning Section Building Services Division cc: Curt Crawford, P.E., Managing Engineer, Stormwater Services Section, KCDNR Bruce Whittaker, Senior Engineer, Engineering Review Section, LUSD Kim Claussen, Project/Program Manager 11I, Current Planning Section, LUSD Mark Bergam, P.E., Senior Engineer, Engineering Review Section, LUSD King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue Southwest Renton, Washington 96055-1219 206-296-6600 TTY 206-296-7217 Road Standards Variance Request to the County Road Engineer Alternative formats available upon request INSTRUCTIONS TO APPLICANTIDESIGN ENGINEER: Please be sure to include all plans, sketches, photos and maps which may assist in complete review and consideration of your variance request. For a complete list of road variance submittal requirements, refer to separate list from DDES. Failure to provide all pertinent information may result in delayed processing or denial of request. Please submit this request and applicable fee to the Department of Development and Environmental Services, Building or Land Use Services Intake Counters, at 900 Oakesdale Avenue Southwest, Renton, WA 98055-1219. To make an appointment for permit submittal, please call 206-296-6797. For more information see htt :/lwww.metrokc. av/ddesl. DESCRIPTION OF VARIANCE REQUEST: To allcui an E30 foot sag vertical ai ve with illuninaticn cn 1461, CT SE; A 75 foot sag vertical curve with illuninatiOn on SE 121st St; A 20 foot sag vertical curve with illuTination on Tract N APPLICABLE SECTION(S) OF STANDARDS: Sections 2.03 (Criteria F) and 2.12 of the 1993 King Cathy Road Standards JUSTIFICATION {see attachments, pages toD t1 W )� D See attached padket MAY 1 1 004 AUTHORIZATION SIGNATURES )ES STAFF RECOMMENDATION DEPARTMENT OF TF AUTHORIZATION AolyA royal Cc Design Engineer Date f County Road Engineer K.C. D.D.E.S. TION itioned Approval [ 1 Denied Date Check out the DDES Web site at www.metroke. ov/ddes P03dA Slandards Variance Request lu the County fiaad Engineer le -,nu rdvar pOf 05,'29703 Page 1 01 1 (i) DEPARTMENT OF DEVELOPMENT AND ENVIRONMENTAL SERVICES LAND USE SERVICES DIVISION KING COUNTY, WASHINGTON PRELIMINARY REPORT TO THE HEARING EXAMINER May 6, 2004 - PUBLIC HEARING AT 9:30 AM DDES Hearing Room 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 Phone: (206) 296-6640 PROPOSED PLAT OF SHAMROCK FILE NO: L02P0414 PROPOSED ORDINANCE NO: 2004-0160 A ff SUMMARY OF PROPOSED ACTION: This is a request for a subdivision of 29.8 acres into 118 lots for detached single-family dwellings and tracts for recreation, drainage and sensitive areas. A portion of the drainage facilities associated with this project are proposed to the south, within the City of Renton. The northerly portion of the site is also a low impact development (LID) demonstration project per Ordinance 14662. The lot sizes average approximately 5,000 square feet. See Attachment 1 for a copy- of the proposed plat map. GENERAL INFORMATION: Developer: Cam -West 9720 NE 124th Place, Suite 100 Kirkland, WA 98434 425-825-1955 Engineer: Triad Associates 11814 115`' Ave NE Kirkland, WA 98034 425-821-8448 STR: 10-23-05 Location: The site is located between NE 4th Court and SE 1200 St., on the west side of 148`h Avenue SE Zoning: R-4 Acreage: 29.8 acres Number of Lots: 118 lots Density: Approximately 4 units per acre Lot Size: Lots average approximately 5,000 square feet in size Proposed Use: Single-family detached dwellings Sewage Disposal: City of Renton j Water Supply: King County Water District 494 W " Fire District: City of Renton 1 School District: Issaquah School District Complete Application Date: October 29, 2002, revised October 8, 2003 A - Staffrpt/masters/FLATFMT.Qct 1997 C. HISTORY/BACKGROUND: The Subdivision Technical Committee (STC) of King County has conducted an on-site examination of the subject property. The STC has discussed the proposed development with the applicant to clarify technical details of the application, and to determine the compatibility of this project with applicable King County plans, codes, and other official documents regulating this development. As a result of preliminary discussions, the applicant presented the Technical Committee with a revised plat on February 13, 2004 which modified a portion of the lots to `°Z" type lots. D. THRESHOLD DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE: Pursuant to the State Environmental Policy Act (SEPA), RCW 43.21 C, the responsible official of the LUSD issued a mitigated threshold determination of non -significance (MDNS) for the proposed development on March 26, 2004. This determination was based on the review of the environmental checklist and other pertinent documents, resulting in the conclusion that the proposal would not cause probable significant adverse impacts on the environment provided the following measures are complied with: a. To mitigate the significant adverse impact the plat of Shamrock will have on the intersections of SR 900/148"' Ave SE and SR 900/164`' Ave SE, the applicant shall install, either individually or in conjunction with other development projects in this area, the following improvements at the SR 900/148" Ave intersection: • A traffic signal, and • Eastbound and westbound left turn lanes The design for the SR 9001148'' Ave intersection improvements shall be approved by the Washington State Department of Transportation (and by King County to the extent such improvements are located in County right-of-way). In addition, at a minimum, the existing entering sight distance looking east for the north and south legs of the intersection (602 feet and 386 feet, respectively) shall not be reduced as part of the intersection improvements. Documentation shall be submitted to show this requirement is met. All construction work associated with the intersection improvements shall be completed between April 1' and September 30". This seasonal restriction shall be clearly shown on the final engineering plans. In lieu of the installation of the above -noted intersection improvements prior to final plat approval, the applicant may post a financial guarantee with WSDOT which assures the installation of -these improvements within two years of the recording of Shamrock. In this event, intersection improvement design must be approved by WSDOT prior to King County approval of the engineering plans for Shamrock. If the above -noted intersection improvements have already been made by others prior to the recording of Shamrock, or a financial guarantee has been posted by others which assures the installation of these improvements, then the applicant for Shamrock shall pay a pro -rata share dollar amount to the developer who has made the improvements or "bonded" for the improvements, in an amount proportional to the impacts of Shamrock. The pro -rata share dollar amount to be paid shall be set by WSDOT, and documentation shall be provided by the Shamrock applicant to the King County Land Use Services Division to show this payment has been made, prior to final plat recording. The pro -rata dollar amount to be paid shall be based on the following: The final Shamrock lot count The trip distribution for Shamrock The total trips contributed to the intersection of SR 900.148' Ave by the plats of Aster Park (LOOP0024), Stone Ridge 9L99P3008), East Renton (L02P0005), Shamrock (L02P0014), Rosemonte (aka Ironwood L03P0018) and any future land use applications submitted to King County for which compliance with the King County Intersection Standards (KCC 14.80) is required at either the SR 900/148`, Ave intersection, or the SR 900/164"' Ave High Accident Location. In the event that either King County or WSDOT adopts a formal "latecomer's" system prior to final plat recording, that system may be followed in lieu of the approach described above, at the discretion of the applicant, as long as at a minimum there is a financial guarantee which assures the above -noted intersection improvements will be installed within two years of the date of recording of the plat of Shamrock. [Comprehensive Plan Policy T-303 and King County Code 21A.28.060A] Staffrpt/masters/PLATFMT.Nov99.doc cic 11/14./99 - 2 - b. Documentation shall be provided to demonstrate to the satisfaction of WSDOT that stopping sight distance (360 feet) is available on the east leg of the SR 900/148 `h Ave intersection. The intersection shall be modified by the applicant, if necessary, so that this stopping sight distance requirement is met on the east leg. In addition, the applicant shall clear vegetation within the right-of-way along SR 900, east of 148`h Ave., to maximize the entering sight distance for the north and south legs of the intersection, [Comprehensive Plan Policy T-303 and King County Comprehensive Policy T-303 and King County Code 21A.28.060A] An environmental impact statement (EIS) was not required prior to proceeding with the review process. Agencies, affected Native American tribes and the public were offered the opportunity to comment on or appeal the determination for 21 days. The MDNS was not appealed by any party, including the applicant, therefore, the above -referenced conditions will become part of the applicant's proposal. E. AGENCIES CONTACTED: King County Department of Natural Resources & Parks: No response. 2. King County Fire Protection Engineer: Fire protection engineering preliminary approval has been granted. Issaquah School District: The comments from this district have been incorporated into this report. 4. King County Water District #90: The comments from this district have been incorporated into this report. 5. Washington State Department of Ecology: No response. 6. Washington State Department of Fish and Wildlife: No response. 7. Washington State Department of Natural Resources. No response. S. Washington State Department of Transportation: The comments from WSDOT have been incorporated into this report. 9. The City of Renton: See Attachment 2, F. NATURAL ENVIRONMENT: Topography: The topography in the area to be developed is relatively flat, gradually sloping from the northeast towards the southwest. The slopes range from approximately five to ten percent. 2. Soils: Two surface soils are found on this site per King County Soil Survey, 1973. ARB - Alderwood gravely, sandy loam; 0-6% slopes. Runoff is slow and the erosion hazard is slight. This soil type has a moderate limitation for low building foundations due to a seasonally high water table, and severe limitations for septic tank filter fields due to very slow permeability in the substratum. AgC - AIder-wood gravely, sandy loam; 6-15% slopes. Runoff is slow to medium and the hazard of erosion is moderate. This soil has a moderate limitation for foundations, due to a seasonally high water table and slope. It has a severe limitation for septic tank filter fields due to very slow permeability in the substratum. Wetland/streams: Based upon evaluation of the site the Wetland Ecologist for DDES has determined that the wetlands are Class 2 wetlands_ These features will require 50 -foot buffers and be placed in separate tracts). Note, buffer averaging may be permitted. The northern portion of the site lies within the Honey Creek subbasin of the May Creek Basin. The southerly portion of the site is within the Maplewood subbasin of the Lower Cedar River. Staffrpt/masters/PLATFMT_Nov99.doc cic 11/10/99 - 3 - 4. Vegetation: This western portion of the site is moderately wooded with a second and third -growth mixture of coniferous and broad -leafed trees native to the Pacific Northwest. Second -story vegetation and groundcover consists of Northwest native species including salal, sword fern, berry vines, and grasses. The eastern portion of the site has been previously cleared as part of the former nursery. 5. Wildlife: Small birds and animals undoubtedly inhabit this site; however, their population and species are limited due to nearby development. Larger species may visit this site on occasion. 6. Mapped Sensitive Areas: The Sensitive Areas Map Folio does not identify the subject property within mapped sensitive areas. G. NEIGHBORHOOD CHARACTERISTICS: The property lies in southeast King County, north and east of the City of Renton. The site itself is currently three existing homes and several outbuildings, which will be removed with the development of this site, with the exception of the house on proposed lot 118 which will remain. The site formerly housed a nursery operation. Surrounding properties to the east consist of 1-5 acres parcels and is zoned rural. To the north, south and west are developed urban lots, ranging from 5,000 square feet to approximately 15,000 square feet. H. SUBDIVISION DESIGN FEATURES: 1. Lot Pattern and Density: The proposed lot and street layout will be in conformance with King County Code 21A. (Zoning). In addition, the applicant will comply with the built green requirements associated with the Iow impact development ordinance. Note, in general this may primarily affect the future building permits. 2. Internal Circulation: The majority of the site will be served from internal roads which will gain access from 148th Ave SE via SE 121St and SE 124`x' St. Future access has also been provided to proposed lot 118 in the northeast comer, and the out parcel between SE 1215L St. and SE 124th St. Additional right-of-way, no improvements, has been provided along the southerly property line (north of proposed lot 35), to allow for neighborhood circulation. The southern portion of the site will access via 144`h P1, SE, NE 4`h Ct. & Lyons Ave NE within the City of Renton. 3. Roadway Section: The frontage and internal roads will be improved to urban standards in accordance with the 1993 King County Road Standards and the road variance decision (File No. L04V0004 — Attachment 3). 4. Drainage: The Shamrock subdivision is included as one of the three demonstration projects Iisted in King County Ordinance 14662, signed June 2, 2003, to promote low impact The proposed Shamrock subdivision is located between approximately SE 120`h and 125`h Streets on the west side of 148`h Avenue SE. Drainage adjustment/shared facility plan L04VO003 is approved to incorporate the low impact design proposed for this project. See Attachment 4. The existing runoff from the northern edge of the site, tributary to both the northernmost part of Wetland B and the north -central wetland (Wetland C), flows north to the Honey Creek subbasin of the May Creek basin and is subject to Level One flow control. The remaining majority of the site is located in the Maplewood subbasin of the Lower Cedar River basin and is subject to Level Two flow control. The entire site is subject to the Basic water quality requirements of the 1998 KCSWDM. Approximately two acres adjacent to the north property line are tributary to Wetland C and the northern portion of Wetland B which both drain north to Honey Creek. The remainder of the site sheetfiows in a west to southwest direction toward the southern portion of Wetland B and other hydraulically -connected wetland areas to the west of the site. This wetland complex eventually drains to its natural discharge location at the Staffrpt/masters/PLATFMT.Nov99.doc cic 11/14/99 - 4 - southern property line and crosses under SE 128" St. through a 42 -inch culvert and continues south. From the SE 124`n Street entrance road north, the Shamrock subdivision proposes 76, low -impact lots to be tributary to a reduced -volume North Pond shown at the southern end of Wetland B. Although most of the rooftop and backyard lot areas surrounding Wetland C will be utilized for hydraulically maintaining Wetland C, the proposal is to collect most runoff from the remaining Honey Creek subbasin area to be developed and divert it to the North Pond located in the Maplewood subbasin. The North Pond will be a combined detention and water quality facility and will be co -located with a created wetland_ The allowed release would then be directed to the southern end of Wetland B. Site areas south of the SE 124th Street entrance road will be directed to the South Pond. Sheetflow to the west will be intercepted by standard conveyance and diverted to the South Pond. Some nuisance sheetflow will be reduced along the western site boundaries in the south half of the site. Flows from the South Pond are to be released into the storm drainage system of SE 128' Street. The proposal is to allow the cumulative benefits of the low -impact designs to translate into reduced North Pond stormwater facility size based on modest reduction of key hydrologic parameters used in the KCRTS model'. This precedence is already established in the 1998 KCSWDM through Core Requirement No. 3 which allows peak flow exemptions for flow control BMPs and in Section 5.2.2 for BMPs that can reduce facility size. Specifically, the applicant is asking that a) the roofs be modeled as 50% till grass and 50% impervious, b) the amended soil landscape areas be modeled as `pasture' instead of `grass', and c) the coefficient associated with the `area of til] soil covered with grass' in equation 6-13 used for wetpooI sizing be reduced from 0.25 to 0.20. The applicant cites studies where extended use of amended soils has significantly reduced post -development runoff volumes. South of the SE 124'h Street entrance, two parcels compose the southern 42 lots of the King County Shamrock development proposal. Adjacent immediately to the south, is another 12 lot development within the City of Renton also referred to as Shamrock. Both the southern portion of the King County Shamrock development and the contiguous City of Renton Shamrock development are to be served by conventional conveyance and detention in a shared facility along SE 128th Street referred to as the South Pond. This parcel is owned by the applicant and the proposed shared facility will be dedicated to the City of Renton. An existing pond along the eastern edge of where the South Pond will be constructed appears to be an abandoned pond which now passes existing flows from the City of Renton Shamrock site to SE 128`h Street, This pond will be expanded within the Iimits of the City of Renton Shamrock parcel to accommodate the southern portion of the King County and Renton Shamrock subdivisions. The City of Renton has adopted the 1998 KCSWDM for its storm water drainage standards, simplifying the design of the South Pond. The applicant has submitted to the City of Renton a subdivision permit to develop the parcel and expand the current drainage facility. It is acknowledged that the City of Renton has review and approval jurisdiction over the South Pond drainage modifications. The shared facility plan approved by King County is to acknowledge the accommodation of a King County subdivision's runoff by a Renton stormwater facility and the design assumptions used for the facility's expansion. The developer of the King County Shamrock subdivision will expand the facility to its final configuration. Both the North and South Ponds would utilize the Level Two flow control and Basic water quality requirements of the 1998 KCSWDM since they both drain south to the Maplewood subbasin. I. TRANSPORTATION PLANS: 1. Transportation Plans: The King County Transportation Plan indicates that 148" Avenue Southeast (adjoining east boundary) is designated as a collector arterial. Staffrpt/masters/PLATFMT.Nov99.doc cic 11/10/99 -5 - Subdivision Access: The site will gain access from 1481h Ave SE via SE 121St and SE 124th St. and from the south via NE 4th SUSE 128th St. 3. Traffic Generation: It is expected that approximately 1180 vehicle trips per day will be generated with full development of the proposed subdivision. This calculation includes service vehicles (i.e., mail delivery, garbage pick-up, school bus) which may currently serve this neighborhood, as well as work trips, shopping, etc. 4. Adequacy of Arterial Roads: This proposal has been reviewed under the criteria in King County Code 14.70, Transportation Concurrency Management; 14.80, Intersection Standards; and King County Code 14.75; Mitigation Payment System. a. King County Code 14.70 - Transportation Concurrency Management: The Transportation Certificate of Concurrency dated August 16, 2001, indicates that transportation improvements or strategies will be in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six (6) years, according to RCW 36.70A.070(6). b. King County Code 14.80 - Intersection Standards: The applicant submitted a traffic study, which evaluated the distribution, level -of -service and off-site issues associated with this project. The site is located southwest of the intersection of SR -900 and 148th Ave SE. Per the traffic analysis, this intersection will operate at Level -of -Service "F" following the development of the proposed plat, unless improvements to the intersection are made. In addition, WSDOT has concluded that, based on turn lane warrants from the Washington State Highway Design Manual, eastbound and westbound left turn lanes should be constructed on SR 900 at the 148`h Ave intersection. The installation of these Ieft turn lanes will correct the safety hazard that exists at this intersection, The proposed plat will send at least one vehicular trip to the hazardous westbound left turn movement at this intersection. The proposed plat will have a significant adverse impact on this intersection per KCC 14.80.030. In order to address the significant adverse traffic impacts from the proposed plat of Shamrock, WSDOT has requested that the applicant (along with other development projects that will send at least one vehicular trip to the SR 900/148th Ave intersection) improve this intersection with a traffic signal and eastbound and westbound left turn lanes. The traffic mitigation is contained within the SEPA MDNS _ C. King County Code 14.75 - Mitigation Payment System: King County Code 14.75, Mitigation Payment System (MPS), requires the payment of a traffic impact mitigation fee (MPS fee) and an administration fee for each single family residential lot or unit created. MPS fees are determined by the zone in which the site is located. This site is in Zone 442 per the MPS/Quartersection list. MPS fees may be paid at the time of final plat recording, or deferred until building permits are issued. The amount of the fee will be determined by the applicable fee ordinance at the time the fee is collected. PUBLIC SERVICES: Schools: This proposal has been reviewed under RCW 58.17.110 and King County Code 21A.28 (School Adequacy). a. School Facilities: The subject subdivision will be served by Apollo Elementary, Maywood Middle School, and Liberty Senior High Schools, all located within the Issaquah School District. b. School Capacity: The Issaquah School Board has adopted capacity figures which indicate their ability to accommodate additional students. The figures reveal the district has adequate capacity to accommodate the anticipated students generated by this proposal. Staffrpt/masters/PLATEMT.Nov99.doc c1c 11/10/99 - 6 - c. School Impact Fees: Currently, the Issaquah School District collects an impact fee per lot be imposed to fund school system improvements to serve new development within this district. This is a recommended condition of approval for 3t4e Shamrock proposal. d. School Acrcew. The Distri-tt liras' ir&ekated thathe future students frerrrr this subdivision will be bussed it) the elementary, n •Ile and senior high schools - Currently thy bus stop is loc,,rted at 148th Ave S' SE 124"' St. Walkway conditions will consist of sidewalks along the mtage and internal roads. The District hriw also requested a whiting area ,> 48t11 Ave SE. The STC recommends that the details of this waiting arc .irked out between the applicant and the District, 1)rior to or eoncurre, engineering plan submittal. 2. Parks and Recreation Space; KCC 21A.14 requires stt' ;cions in the UR and R zone classifications to either provide on-site recreation spar r- pay a fee to the Parks Division for establishment and maintenance of neighborhood pit '.s. At this time, the applicant is proposing to provide recreation space (Tract B). The S, -riivision Technical Committee concurs with the applicant's proposal, provided propose(: ,-ainage facilities do not preclude the development of the recreation tract and/or result in equipment in standing water or limit the available area with maintenance roads, etc.. In �iddition, the area shown as tract C adjacent to SE 124`h St is not to be utilized or counted cis recreation space, as this area is to be included within the right-of-way. KCC' 21 A.14.190 requires subdivisions to provide tot/children play areas within the recreati, sri space on-site. The applicant is required to submit a detailed recreation and landscape plan for review and approval by DDES prior to or concurrent with engineering plan submittal. 3. Fire Protection: The Certificate of Water Availability from the King County Water District 90 indicates that water is presently available to the site in sufficient quantity to satisfy King County Fire Flow Standards. Prior to final recording of the plat, the water service facilities must be reviewed and approved per King County Fire Flow Standards. K. UTILITIES.- Sewage TILITIES: Sewage Disposal: The applicant proposes to serve the subject subdivision by means of a public sewer system managed by the City of Renton. A Certificate of Sewer Availability, dated March 21, 2002 and May 14, 2002, indicates this sewer district's ability to serve the proposed development in the future, with the development of Shamrock proposal.. 2. Water Supply: The applicant proposes to serve the subject subdivision with a public water supply and distribution, system managed by King County Water District 490, A Certificate of Water Availability, dated March 21, 2002, indicates this district's ability to serve the proposed development L- COMPREHENSIVE AND COMMUNITY PLAN: 1, Comprehensive Plan: This proposal is governed by the 1994 King County Comprehensive Plan which designates this area as Urban. 2. Community Pians: The subject subdivision is located in the Newcastle Creek Community Planning Area. M. STATUTES/CODES: If approved with the recommended conditions in this report, the proposed development will comply with the requirements of the County and State Platting Codes and Statutes, and the lots in the proposed subdivision will comply with the minimum dimensional requirements of the zone district. Staffrpt/masters/PLATFMT.Nov99.doc cic 11/10/99 - % - N. CONCLUSIONS: The subject subdivision will comply with the goals and objectives of the King County Comprehensive Plan and will comply with the requirements of the Subdivision and Zoning Codes and other official land use controls of King County, based on the conditions for final plat approval. O. RECOMMENDATIONS: It is recommended that the subject subdivision, revised and, received February 13, 2004, be granted preliminary approval subject to the following conditions of final approval: I _ Compliance with all platting provisions of Title 19A of the King County Code. 2. All persons having an ownership interest in the subject property shall sign on the face of the final plat a dedication which includes the language set forth in King County Council Motion No. 5952. 3. The plat shall comply with the base density and minimum density requirements of the R-4 zone classification. All lots shall meet the minimum dimensional requirements of the R-4 zone classification or shall be as shown on the face of the approved preliminary plat, whichever is larger, except that minor revisions to the plat which do not result in substantial changes may be approved at the discretion of the Department of Development and Environmental Services. 4. All construction and upgrading of public and private roads shall be done in accordance with the Kang County Road Standards established and adopted by Ordinance No. 11187, as amended (1993 KCRS). 5. The applicant must obtain the approval of the King County Fire Protection Engineer for the adequacy of the fire hydrant, water main, and fire flow standards of Chapter 17.08 of the King County Code. 6. Final plat approval shall require full compliance with the drainage provisions set forth in King County Code 9.04. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Preliminary review has identified the following conditions of approval, which represent portions of the drainage requirements. All other applicable requirements in KCC 9.04 and the Surface Water Design Manual (SWDM) must also be satisfied during engineering and final review. a. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual and applicable updates adopted by King County. DDES approval of the drainage and roadway plans is required prior to any construction. b. Current standard plan notes and ESC notes, as established by DDES Engineering Review, shall be shown on the engineering plans. C. The following note shall be shown on the final recorded plat. All building downspouts, footing drains, and drains from all impervious surfaces such as patios and driveways shall be connected to the permanent storm drain outlet as shown on the approved construction drawings # on file with DDES and/or the King County Department of Transportation. This plan shall be submitted with the application of any building permit. All connections of the drains must be constructed and approved prior to the final building inspection approval. For those lots that are designated for individual lot infiltration systems, the systems shall be constructed at the time of the building permit and shall comply with plans on file." 7. A surface water adjustment (L04VO003) is approved for this subdivision. All conditions of approval for this adjustment shall be met upon submittal of the engineering plans; Note that this adjustment allows the use of low -impact designs for the storrnwater Staffrpt/masters/PLAT MT. Nov 99.doc cic 11/10/99 - 8 - facilities on the north portion of the site. The stormwater facilities shall be constructed in general conformance with the preliminary grading and storm drainage plan received February 13, 2004; unless otherwise approved by DDES. The final amended soil design shall be reviewed and approved with the engineering plans. 8. The stormwater facilities shall meet at a minimum the Level 2 flow control and basic water quality requirements in the 1998 King County Surface Water Design Manual (KCSWDM). The north stormwater detention pond shall be placed in a separate tract dedicated to King County for maintenance. The south stormwater detention facility is within the City of Renton. Engineering plans for the construction of this facility shall be approved by Renton. 9. The 100 -year floodplain for any onsite wetlands or streams shall be shown on the engineering plans and the final recorded plat per the 1998 King County Surface Water Design Manual (KCSWDM). 10. The following road improvements are required to be constructed according to the 1993 King County Road Standards (KCRS): a. SE 124" Street from 1461" Ave SE to148" Ave SE shall be improved to the urban subcollector street standard. b. 144" Place SE; 146" Ave SE, 146" Ct. SE(from SE 124`'` St. to SE 121" St); SE 121" St. (from 146`" Ct. to 148" Ave SE); 144" Ave SEISE 124" St. (from the145" Ave SE extn. to 146" Ave SE); shall be improved to the urban subaccess street standard. c. SE 125' St/147t' Ave SE; 146`" Ct. SE ( from SE 12151 St. to end); 145`" Ave SE (from SE 124`" St. to 144`" Ave SE); 144" Ave SE (from 145`" Ave SE extn, to end); shall be imIJroved to the urban minor access street standard. d. FRONTAGE. 148" Ave SE (west side) from the south property Iine to north line of Lot 117 shall be improved to the urban collector arterial standard with sidewalk. 148'h Ave SE (west side) from the north line of Lot 117 to the north property boundary shall be improved to the urban collector arterial width with a thickened edge design. e. Tract N shall be improved to the private access tract standard per Section 2.09 of the KCRS. This tract shall be owned and maintained by the owners of the lots served. Notes to this effect shall be shown on the final recorded plat. f. Tracts D, J, and M shall be improved as joint use driveways per Section 3.01 of the KCRS. These driveways shall be owned and maintained by the owners of the Lots served. Notes to this effect shall be shown on the final recorded plat. g- That portion of Lot 35, lying within the 30 -feet existing easement for ingress and egress, shall be dedicated as R/W. A R/W radius shall also be provided at Lot 35 (SE quadrant 144" PL SE) and at Lot 42 (NW quadrant 146" Ave SE). h. Tracts P and Q shall be dedicated as public R/W. Sixteen feet of right-of-way shall be provided along the northerly portion of lot 35, i. Right-of-way radius shall be provided as follows - SE corner of lot 42; SW corner of lot 34; NW corner of lot 35; SE corner of lot 26. j. Modifications to the above road conditions may be considered according to the variance procedures in Section 1.08 of the KCRS. k. Tracts A and C shall be included within the right-of-way. staffrpt/masters/PLATFMT.Nov99.doc cic 11/10/99 - 9 - Road Variance L04VO004 is approved for this project. All conditions of approval for this variance shall be incorporated into the engineering plans. in. Details for waiting area for school children along 148" Ave SE shall be determined by the applicant and the Issaquah School District, prior to or concurrent with the engineering plan submittal. Details of this waiting area shall be shown on the engineering plans and accompanied by correspondence from the School District. 11. All utilities within proposed rights-of-way must be included within a franchise approved by the King County Council prior to final plat recording. 12. The applicant or subsequent owner shall comply with King County Code 14.75, Mitigation Payment System (MPS), by paying the required MPS fee and administration fee as determined by the applicable fee ordinance. The applicant has the option to either: (1) pay the MPS fee at final plat recording, or (2) pay the MPS fee at the time of building permit issuance. If the first option is chosen, the fee paid shall be the fee in effect at the time of plat application and a note shall be placed on the face of the plat that reads, "All fees required by King County Code 14.75, Mitigation Payment System (MPS), have been paid." If the second option is chosen, the fee paid shall be the amount in effect as of the date of building permit application. 13. Lots within this subdivision are subject to King County Code 21A.43, which imposes impact fees to fund school system improvements needed to serve new development. As a condition of final approval, fifty percent (50%) of the impact fees due for the plat shall be assessed and collected immediately prior to recording, using the fee schedules in effect when the plat receives final approval. The balance of the assessed fee shall be allocated evenly to the dwelling units in the plat and shall be collected prior to building permit issuance. 14. The proposed subdivision shall comply with the Sensitive Areas Code as outlined in King County Code 21 A.24. Permanent survey marking shall be addressed prior to final plat approval. Temporary marking of sensitive areas and their buffers (for example, with bright orange plastic construction fencing) shall be shown on the engineering plans and placed on the site and shall remain in place until all construction activities are completed. Permanent signs identifying the sensitive areas shall be shown on the engineering plans and installed as part of the plat construction activities. 15. Wetlands a. Class 2 wetlands shall have a minimum 50 -foot of undisturbed or enhanced native vegetation. Wetlands and their buffers shall be placed in sensitive area tracts. A minimum 15 -foot building setback line shall be required from the edge of all sensitive area buffers. b. Buffer width averaging may be allowed if it will provide additional protection to wetlands or enhance their functions, as long as the total area in buffer does not decrease. Buffer averaging in conformance with the Code and administrative rules is proposed as shown on the preliminary plat plans. Buffer reductions of about 6,670 square feet would be compensated for by providing additional buffer area of about 23,400 square feet. Additionally, much of the buffer has been degraded by prior activities on the site, and the project would enhance the native vegetation of these wetland buffers. The enhanced wetland buffer must provide equal or greater biologic functions, including habitat, and equivalent or better hydrologic functions. c. Post -development wetland hydrology for the smaller, more frequent storm events shall match pre -development wetland hydrology to the maximum extent feasible. Calculations, graphs and text shall be included in the Technical Information Report with the engineering plans to show how this condition will be met, to be reviewed by DDES Environmental Scientist. Staffrpt/masters/PLATFMT.Nov99.doc cic 11/10/99 - 10 - d. Approved alterations to wetlands or their buffers including removal of wetland fill and enhancement of buffers shall require that a detailed mitigation plan shall be submitted for review along with the engineering plans. The mitigation plan must include final grades, hydrologic calculations showing how the mitigation feature will function, and a planting plan showing plant species, sizes, quantities and locations. The plan shall Iist goals and objectives, construction and installation notes, performance standards, and monitoring and maintenance measures. A conceptual mitigation plan shall be submitted for review along with the engineering plans for the proposed wetland reconnection area west of the stormwater facility in Tract H. The conceptual mitigation plan must include proposed grades, hydrologic calculations showing how the mitigation feature will function, and a planting scheme showing plant species, sizes and quantities. The plan shall also list goals and objectives, construction and installation notes, Performance standards, and monitoring and maintenance measures. This plan shall be conceptual to allow for in -the -field Iocation of a few channels through the northern fill area where a young alder forest has grown, leaving some areas of alder forest to mature. This mitigation area will be shown on the engineering plans as a concept, with notes requiring field location of the channels in order to protect the larger and healthier alder trees. An as -built mitigation plan shall be submitted for this wetland reconnection area west of the proposed stormwater pond in Tract H, following construction. f. Approval of the project wetland mitigation plans will include the requirement for Posting financial guarantee(s) to insure installation and success of the plan. Monitoring for up to five years from the date of installation shall be required, prior to a final inspection of the mitigation plan. Monitoring wiII commence upon a field inspection and approval of the installed mitigation areas II DDES Environmental Scientist. The financial guarantee(s) will be released when the performance standards have been met. If the performance standards have not been met at the conclusion of the monitoring period, a contingency plan will be required to remedy the situation, and the monitoring period may be extended. g- The western half (wet pond) of the stormwater facility pond shown in Tract H on the plans may be located within the wetland and wetland buffer restoration area, and will be considered restored wetland and wetland buffer as well as a stormwater facility. The wet pond shall be landscaped using native species at densities recommended in the Sensitive Areas Mitigation Guidelines to restore both wetland and buffer habitat. The plan for the wet pondshall be reviewed by DDES Engineering and Environmental Scientist staff. The planting plan shall be part of the wetland mitigation plans for the site, and meet .the criteria for those plans specified above. h- Post -construction monitoring of the wet pond in the stormwater facility in Tract H will include monitoring the water quality in the wet pond to evaluate its toxicity to wetland -dependent wildlife. Post -construction water level fluctuations will also be monitored along with observations of impacts on amphibians. Monitoring methods and schedule shall be included with the mitigation plans required above. The applicant shall prepare an operations and maintenance manual for the wet pond of the northern stormwater facility, including the vegetation, to provide to either King County Facilities Maintenance or the Homeowners' Association, depending upon which group has ownership of the stormwater wet pond. This Manual will be reviewed and approved by King County DDES Engineer and Environmental Scientist at the time of engineering plan review. Staffrpt/masters/PLAT FMT.Nov99,doc ctc 11/10/99 - 11 - The following note shall be shown on the final engineering plan and recorded plat: RESTRICTIONS FOR SENSITIVE AREA TRACTS AND SENSITIVE AREAS AND BUFFERS Dedication of a sensitive area tract/sensitive area setback area conveys to the public a beneficial interest in the land within the tract/setback area. This interest includes the preservation of native vegetation for all purposes that benefit the public health, safety and welfare, including control of surface water and erosion, maintenance of slope stability, and protection of plant and animal habitat. The sensitive area tract/setback area imposes upon all present and future owners and occupiers of the land subject to the tract/setback area the obligation, enforceable on behalf of the public by King County, to leave undisturbed all trees and other vegetation within the tract/setback area. The vegetation within the tract/setback area may not be cut, pruned, covered by fill, removed or damaged without approval in writing from the King County Department of Development and Environmental Services or its successor agency, unless otherwise provided by law. The common boundary between the sensitive area tract/sensitive area setback area and the area of development activity must be marked or otherwise flagged to the satisfaction of King County prior to any clearing, grading, building constriction or other development activity on a property subject to the sensitive area tract/setback area. The required marking or flagging shall remain in place until all development proposal activities in the vicinity of the sensitive area and buffer are completed. No building foundations are allowed beyond the required 15 -Foot building setback line, unless otherwise provided by law. 16. Suitable recreation space shall be provided consistent with the requirements of KCC 21A.14.180 and KCC 21A.14.190 (i.e., sport court[s], children's play equipment, picnic table[s], benches, etc.). a. An overall detailed recreation space plan shall be submitted for review and approval by DDES, prior to or concurrent with the engineering plans_ This plan shall include location, area calculations, dimensions, and landscape specs, equipment specs, etc b. A performance bond for recreation space improvements shall be posted prior to recording of the plat. 17. A homeowners' association or other workable organization shall be established to the satisfaction of DDES which provides for the ownership and continued maintenance of the recreation, open space and/or sensitive area tract(s). 18, Street trees shall be provided as follows (per KCRS 5.03 and KCC 21 A.16.050): a. ' Trees shall be planted at a rate of one tree for every 40 feet of frontage along all roads. Spacing may be modified to accommodate sight distance requirements for driveways and intersections. . b. Trees shall be located within the street right-of-way and planted in accordance with Drawing No. 5-009 of the 1993 King County Road Standards, unless King County Department of Transportation determines that trees should not be located in the street right-of-way. If King County determines that the required street trees should not be located within the right-of-way, they shall be located no more than 20 feet from the street right-of-way line. Staffrpt/maseers/PLATF"MT.Nov99,doc cic 11/10/99 - 12 - d. The trees shall be owned and maintained by the abutting lot owners or the homeowners association or other workable organization unless the County has adopted a maintenance program. Ownership and maintenance shall be noted on the face of the final recorded plat. e. The species of trees shall be approved by DDES if located within the right-of- way, and shall not include poplar, cottonwood, soft maples, gum, any fruit -bearing trees, or any other tree or shrub whose roots are likely to obstruct sanitary or storm sewers, or that is not compatible with overhead utility lines. £ The applicant shall submit a street tree plan and bond quantity sheet for review and approval by DDES prior to engineering plan approval. g. The applicant shall contact Metro Service Planning at 684-1622 to determine if 148" Ave SE is on a bus route. If so, the street tree plan shall also be reviewed by Metro. - h. The street trees must be installed and inspected, or a performance bond posted prior to recording of the plat. If a performance bond is posted, the street trees must be installed and inspected within one year of recording of the plat. At the time of inspection, if the trees are found to be installed per the approved plan, a maintenance bond must be submitted or the performance bond replaced with a maintenance bond, and held for one year. After one year, the maintenance bond maybe released after DDES has completed a second inspection and determined that the trees have been kept healthy and thriving. 20. The following have been established by SEPA as necessary requirements to mitigate the adverse environmental impacts of this development. The applicants shall demonstrate compliance with these items prior to final approval. a. To mitigate the significant adverse impact the plat of Shamrock will have on the intersections of SR 9001148`" Ave SE and SR 900/164` Ave SE, the applicant shall install, either individually or in conjunction with other development projects in this area, the following improvements at the SR 900/148`h Ave intersection: • A traffic signal, and • Eastbound and westbound left turn lanes The design for the SR 900/148`h Ave intersection improvements shall be approved by the Washington State Department of Transportation (and by King County to the extent such improvements are located in County right-of-way). In addition, at a minimum, the existing entering sight distance looking east for the north and south legs of the intersection (602 feet and 386 feet, respectively) shall not be reduced as part of the intersection improvements. Documentation shall be submitted to show this requirement completed between April I" and September 30`h. This seasonal restriis met. All construction work associated with the intersection improvements shall be clearly shown on the final engineering plans. ction shall be In lieu of the installation of the above -noted intersection improvements prior to final plat approval, the applicant may post a financial guarantee with WSDOT which assures the installation of these improvements within two years of the recording of Shamrock. In this event, intersection improvement design must be approved by WSDOT prior to King County approval of the engineering plans for Shamrock. If the above -noted intersection improvements have already been made by others prior to the recording of Shamrock, or a financial guarantee has been posted by others which assures the installation of these improvements, then the applicant for Shamrock shall pay a pro -rata share dollar amount to the developer who has made the improvements or "bonded" for the improvements, in an amount proportional to the impacts of Shamrock. The pro -rata share dollar amount to be paid shall be set by WSDOT, and documentation shall be provided by the Shamrock applicant to the King County Land Use Services Division to show this payment has been made, prior to final plat recording. The pro -rata dollar amount to be paid shall be based on the following: • The final Shamrock lot count • The trip distribution for Shamrock • The total trips contributed to the intersection of SR 900.148 `h Ave by the plats of Aster Park (LOOP0024), Stone Ridge 9L99P3008), East Renton (L02P0005), Staffrpt/masters/PLATFMT.Nov99,doc cic 11/10/99 - 13 - Shamrock (1,021`0014), Rosemonte (aka ironwood - L03P0018) and any future land use applications submitted to King County for which compliance with the King County Intersection Standards (KCC 14.80) is required at either the SR 9001148" Ave intersection, or the SR 9001164" Ave High Accident Location. In the event that either King County or WSDOT adopts a formal "latecomer's" system prior to final plat recording, that system may be followed in lieu of the approach described above, at the discretion of the applicant, as long as at a minimum there is a financial guarantee which assures the above -noted intersection improvements will be installed within two years of the date of recording of the plat of Shamrock. [Comprehensive Plan Policy T-303 and King County Code 21A.28.060A] b. Documentation shall be provided to demonstrate to the satisfaction of WSDOT that stopping sight distance (360 feet) is available on the east leg of the SR 9001148 " Ave intersection. The intersection shall be modified by the applicant, if necessary, so that this stopping sight distance requirement is met on the east leg. In addition, the applicant shall clear vegetation within the right-of-way along SR 900, east of 148`' Ave., to maximize the entering sight distance for the north and south legs of the intersection. [Comprehensive Plan Policy T-303 and Ding County Comprehensive Policy T-303 and King County Code 21A.28.060A] 21. The northerly portion (north of SE 124`h St.) shall comply with the Build Green requirements of Ordinance 14662 (Low Impact Development). Applicable notes, as necessary shall be shown on the engineering plans and final plat. OTHER CONSIDERATIONS: The subdivision shall conform to KCC 16.82 relating to grading on private property. 2. Development of the subject property may require registration with the Washington State Department of Licensing, Real Estate Division. Preliminary approval of this application does not limit the applicant's responsibility to obtain any required permit or license from the State or other regulatory body. This may include, but is not limited to the following: a. Forest Practice Permit from the Washington State Dept. of Natural Resources. b. National Pollutant Discharge Elimination System (NPDES) Permit from WSDOE. c. Water Quality Modification Permit from WSDOE. d. Water Quality Certification (401) Permit from U.S. Army Corps of Engineers TRANSMITTED TO PARTIES LISTED HEREAFTER: Hearing Examiner's Office Steven C. Townsend, P.E., Supervising Engineer, Land Use Inspection Section, LUSD Greg Borba, Supervisor, Current Planning Section, Land Use Services Division Kim Claussen, Project Manager III, Current Planning Section, Land Use Services Division Bruce Whittaker, Senior Engineer, Engineering Review Section, Land Use Services Division Laura Casey, Senior Ecologist, Critical Areas Section, Land Use Services Division Larry West, Senior Geologist, Critical Areas Section, Land Use Services Division Kris Langley, Senior Engineer, Traffic & Engineering, KCDOT Carol Rogers, Current Planning Section, LUSD, DDES Lisa Pringle, Supervisor, Land Use Education Section, DDES Bales,LTD, PS 13401 156th Ave SE, Renton, WA 98059 Behan, Terra 11920 148" Ave SE, Renton, WA 98059 Boston, Rick 13425 E. Lk Kathleen Dr., Renton, WA 98059 Care -West 9720 NE 120`h Pl, Suite 100, Kirkland, WA 98034 Campbell, Eric, Shamrock Highlands LLC 9720 NE 120" PI., Suite 100, Kirkland, WA 98034 Condrey, William, Triad Associates 11814 115th Ave SE, Kirkland, WA 98034 Donnelly, Claudia 10415 147" Ave SE, Renton, WA 98059 Eliason, John, King County Housing Authority Staffrpt/masters/PLAT FHT. Nov99.doc cic 11/10/94 -14- 600 Andover Park West, Seattle, WA 98188-3326 Flattum, Pat 12422 148`h Ave SE, Renton, WA 98059 Foster, Jeff, GGLO 1301 15t Ave No. 301, Seattle, WA 98101-2074 Fraser, Mike 5516 NE 4" Ct., Renton, WA 98059 Graves, John, Lozier Homes 1203 114"' Ave SE, Bellevue, WA 98004 Kelly, Bryant 12601 148th Ave SE, Renton, WA 98059 Lind, Rebecca, City of Renton EDNSP Dept. 1055 S. Grady Way, Renton, WA 98055 Martin, Kenneth 12439 148t� Ave SE, Renton, WA 98059 Nelson, Anna, Buck & Gordon LLP 2025 1" Ave, Suite 500, Seattle, WA 98121-3140 Oberg, Todd, Triad 11814 115th Ave NE, Kirkland, WA 98034 Seattle King County Health Dept., East District Environmental Health 14350 SE Eastgate Way, Bellevue, WA 98005 Triad Associates 11814 115" Ave NE, Kirkland, WA 98034 Zimmerman, Gregg, Administrator, City of Renton 1055 S. Grady Wray, Renton, WA 98055 Staffrpt/masters/PLATFKT,Nov99.doc r1c 11/10/99 - 15 - L01- 4 Shamrock Property Subdivision, SE 1/4, SE 1/4, SECTION 10, TWR. 23N., RGE SE,, W.M. � �1 'L �"—__•— . �>_J_.�L.w �—_1--�--y ��g��R.A. fly � �'DiVP}' I II 77-7 7 I InrrraE.cor[ry .ern■Am.eT_ i i I I J +..l,ronaA rGr I77r— I I 7Y A —;---- 1 { Iff I II I I i I I } —" .....r„I r r I 1___�--__i_ _. I I I ! I ! — —_� AorOs .oersFifmre,<mArsdr roxx.xwcur L--_�_ i � 11DRml. r, .vur/ iBOVA RIEPMTr N F wEtt,wg 'i nm�w ww c.ac a ac ! 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I P~ I I I SCALE: F' s j Do' 'n� s•W ,I 8NAPP .wF} ly-rl I A.1 ATTACHMENT - I OF -- Jesse Tanner, Iv November 27, 2002 CI i V 0-� RENTQN PlanningBuilding/PublicWorks Department Gregg Zimmerman P.E., Administrator Ms. Kim Claussen King County Department of Development and Environmental Services Land Use Services Division 900 Oakesdale Avenue SW Renton, WA 98055-1219 SUBJECT: FILE #L02P0014, SHAMROCK PROPERTY Dear iris. Claussen: Thank you for providing us with the opportunity to review and comment on the Shamrock Property proposal. The Renton Planning/Building/Public Works Dep comments. artment has the following 1) A certificate of water availability from Water District 90 will be required to be submitted to King County. 2) The project has received City of Renton sewer availability ce.rtif cate. 3) The proposed surface water detention and water quality facility will be in the Renton. portion of the project. Unlike King County, Renton does not maintain facilities associated with Private development projects, but rather requires an in to be recorded (note on face Of plat and recording of Homeowner's Association restrictive covenants) that places responsibility for operation and maintenance of these facilities on the Homeowners Association (or even better, directly upon the owners of the lots). A drainage easement is included allowing Renton staff to access these facilities, and a provision of the recorded instrument allows Renton to maintain the facilities if the Homeowner's Association fails in this responsibility, and to back bill either the Homeowner's Association of the owners of the individual lots for costs. We request that this approach be used on this project as well, since the drainage facilities are located within Renton. 4) Level 2 flow control at a minimum is required. Review and approval facilities and drainage of the surface water report by the City of Renton is required, King County should also review the detention, water quality and conveyance system design and sizing for the total Project for compliance with the 1998 King County Surfac within unincorporated King Ce Water Design Manual (both ounty and Renton) since it is all part of the same system. Approval of the stone drainage system by both jurisdictions should be required before any Permits are issued. 5} The northern portion of the project may flow to the May Creek B that the diversion of Clow from the May Creasin. It needs to be verified ek Basin to the Cedar River Basin is not occurring because or the site's development and storm system design. 6) The proposed development is located within Renton's potential annexation area. Therefore we request that any irnproveritents to existing streets abutting the development site, and any new streets within thi: development site,. be construction in accordance with Ci 1055 South Grady Way _Renton, Washington4$055 E 1V T 0 This paper contains 50% reoycled material, 34% past consumer AHEAD OF THE CURVE ATTACHMENT -----�__--- OF 2 �. November 27, 2002 Page 2 standards. The City of Renton has been working with King County and the developer to extend SE 124h Street (NE 6h Place in Renton) to the westernmost property line. We request that this street also be constructed in accordance with City of Renton standards. Thank you. DocumentZcor ATTACHMENT Z. OF 10, King County Road Services Division Department OfTraneportation 201 South3ackson Street Seattle, WA 981U,4 3856 197 Camwest Mxch 9720 NE 120'h Place, #100 Kirkland, WA 98034 RE: Road Variance L0111004_— Shamrock — Related File J :`_ 0014 Dear Sir/Madam. Thank you for submitting your application for a road variance a Standards (KCBs), Your nested a 'om the King County Road eq variance from Section 2. 1 of the KCRS concerning the requirement for a crowned road cross-section. The Shamrock :-oject is a demonstration project that King County Ordinance 14662 approved as a lo' w-impar* evelopment. We have reviewed the one directional road cross -slope that is ' roposed for minor access subaccess classification roads. The one. direction cross slo and allow for an alternative drainage designPe ';� these local access streets will approve .a variance to allow the one -directional cgross adj.-', dj . -.ent water quality swales. I Classification roads with the condition that slotted drains be utilized the verticaslf)PQ 011 minor access l ndrb baccess flows to the water quality swales. o direct A copy of the staffs analysis, findings and conclusions is enclosed If you have an please call Craig Comfort, Road Variance Engineer, is Engineering Sectio y questions, 206-263-6109. n, at Sincerely, Paulette Norman, P.E. County Road Engineer PN: CC:kc cc: James Sanders, P.E., Development Engineer, Land Use Services Division U Department of Development and Environmental Services (ODES) SD), Pete Dye, P.E., Senior Engineer, LUSD, DDES Linda Dougherty, Director, Road Services Division Transportation (DOT) (RSD), D Norton Posey, P.E., Actinepartment of g County Traffic Engineer, Traffic Engineering DOT Section, RSD, Fa s Kara, P.E., Supervising Engineer, Traffic Engineerin Sectio Langley, Senior Engineer, Traffic E g n, RSD, DOT Engineering Section, RSD, DOT Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section, RSD, DOT ATTACHaj ----�- Hing County Road Services Division Department of Tranwwwtion Traffte Engineering Section MS ESC -TR -0222 201 South Jackwn Street Seattle, WA 98104 March 19, 2004 TO: Variance File FM: Craig Comfort, P.E., Road Variance Engineer, Traffic Engineering Section RE: Road Variance L04V0004 — Shamrock - Related File L02P0014 A.licant's se tation: 1. Shamrock is a preliminary plat Low Impact Demonstration (LID) Project with 118 lots located on the west side of 148' Avenue SE at the 12400 block. The variance request is to apply a one directional cross slope for subaccess and minor access streets within the Low Impact Development portion of the project. The King County Road Standards requires a crowned road at 2% cross -slope. A variance is also requested for curb drops (notches) that convey surface'water flaw from the one directional cross slope pavement to the roadside grass -lined swales. 2. The design with one -directional road cross slope and notched curb, will allow for swales in lieu of closed pipe and provide increased contact of runoff with soils, facilitating opportunities for infiltration and water quality treatment and resulting in increased travel time and time of concentration. The natural function of the watershed is more closely mimicked resulting in reduced detention pond size and thus helping to minimize the impacts of development. The project will utilize vertical curly on the roads and the sidewalks will be on the upper side of the one -directional roads so that drainage will not run across the sidewalks. The grass -lined swales will be in privately maintained tracts. 3. The variance approval will not result increased County maintenance costs because the swales are in private tracts and fewer drainage appurtenances will be maintained by King County. Staff's Fin&gs and Conclusions: 1. Concurrence with the applicant's presentation. 2. The one -direction cross -slope on these low classification roads (minor access and subaccess) would not compromise the traffic or maintenance functions of the roads, 3. The proposed notched curb should be replaced with slotted drains that extend through the vertical curb. Slotted drains will allow fora continuous top of vertical curb and no notching. ATTACHMENT _.2 OF �— King County Department of Development and Environmental Services 900 Oakesdale Avenue SW Renton, WA 98055-4219 March 25, 2004 Sara Slatten CamWest, Inc. 9720 NE 120" Place Kirkland, WA 98034 RE: Shamrock Subdivisi File No. L04V0003 Dear Applicant and Engineer: Rebecca Cushman, P.E. Triad Associates 11814 — 115"' Avenue NE Kirkland, WA 98034 The Land Use Services Division, Engineering Review Section, has completed review Of e adjustment and shared facility plan approval request for the Shamrock subdivision. You are requesting an adjustment from the 1998 King County Surface Water Design Manual (KCSWDM), Core Requirement No. 1, Section 1.2.1, Discharge at the Natural Location for an on-site diversion, an adjustmezit from Section 3.3, Hydrologic Design procedures and Considerations and Section 6.4, Wet Facility Design, concerning modification f hydrologic coefficients in acknowledgment mitigations. You are also requesting for low -impact design (LID) enhancements and q g approval for an adjustment from C 3, Section 1.2:3 to utilize an off-site sore Requirement No. torm water facility and formalize its shared use throw h Special Requirement No. 1, Section 1.3.1, Shared Facility Drainage Plans with the g Facility Plan Guidelines published in a memo dated September 15, 1999. Our review of d information and a site visit provides the following findings: 1. Thethproposed Shamrock subdivision is located between approximate) S E 1200' An 125 Streets on the west side of 148th Avenue SE. The 118 lot, 29.8 acre, p oposedd Shamrock subdivision is filed under Land Use Services Division (1r.USD) file number L02P0014. 2. The runoff from the northern edge of the site, tributary to both the northern part of Wetland B and the north-oentral wetland (Wetland C), flows north to the HoneyCr subbasin of the May Creek, basin and is subject to Level One flow control. Theek remaining majority of the site is located in the Maplewood subbasin of the Lower Cedar River basin and is subject to J evel Two flow control. The entire sit to the Basic water quality requirements of the 1998 KCSWDM. e is subject 3. The Shamrock subdivision is included as one of the three demonstrationro' in King County Ordinance 14662, signed June 2, 2003, to prois listed development techniques. mote low impact ff TACHMENT --�-� 0F _ _� Shamrock Subdivisic V0003 March 25, 2004 Page 2 of 5 4. Approximately two acres adjacent to the'north property line are tributary to Wetland C and the northern portion of Wetland B which both drain north. to Honey Creek. See Exhibit 1, Existing Conditions. The remainder of the site sheetflows in a west to southwest direction toward the southern portion of Wetland B and other hydraulically - connected wetland areas to the west and south of the site. A wetland hydrology report indicates that for significant storm events (greater than the 1.1 year storm event) Wetland B drains to both the north and south. It is assumed that the southern wetland complex eventually drains to its natural discharge location at the southern property line and crosses under 128th Avenue SE through a 42 -inch culvert and continues south. Flows from the Honey Creek and Maplewood subbasins do not recombine. 5. From the SE 120 Street entrance road north, the Shamrock subdivision proposes 76, low -impact lots to be tributary to a reduced -volume North Pond shown at the southern end of Wetland B. Please see Exhibit 2, Developed Conditions. Although most of the rooftop and backyard lot areas surrounding Wetland C will be utilized for hydraulically maintaining Wetland C, the proposal is to collect most runoff from the remaining Honey Creek subbasin area to be developed and divert it to the North Pond located in the Maplewood subbasin. The North Pond will be a combined detention and water quality facility and is intended to be designed with a stormwater wetland. The allowed release would then outlet to the southern end of Wetland B. Because wetland areas south of WetlAnd B were filled, the wetland mitigation plan will require hand digging out the fill material so that Wetland B will reestablish direct hydraulic connectivity to the wetland complex to the south. 6. Site areas south of the SE 124th' Street entrance road will be directed to the South Pond. Sheetflow to the west will be intercepted by standard conveyance and diverted to the South Pond. Some nuisance sheetflow will be reduced along -the western site boundaries in the south half of the site. Frontage improvements are included in the conceptual drainage plan. Flows from the South Pond are released into the storm drainage system of SE 128th Street. 7. No decorative .ponds or shallow wells have been identified that would be affected by the proposed diversions. 8. The Level One Downstream Analysis identified no restrictions or problems associated with the proposed discharge location. 9. A consolidation of facilities for the proposed subdivision will be more economical in long term maintenance. 10. As previously mentioned, the northern 76 lots are being design to incorporate low impact best management practices (BMPs). The proposal includes all lot and common landscape areas to contain amended soils, that roof downspout perforated pipe lengths within the amended soil be 2540 feet long and that nearly all pervious and impervious drainage will be directed to grass -lined and bioretention swales which will ATTACHMENT OF Shamrock Subdivisiu_—04VO003 March 25, 2004 Page 3 of 5 signif cantly increase the flow path length to the stormwater facility. In addition, a rain garden is proposed for additional pre -storage and treatment before runoff is directed to the North Pond. 11. The proposal is to allow the cumulative benefits of the low -impact designs to translate into reduced North Pond stormwater facility size based on modest reduction of key hydrologic parameters used in the KCRTS model. This precedence is already established in the 1998 KCSWDM through Core Requirement No. 3 which allows peak flow exemptions for flow control BMPs and in Section 5.2.2 for BMPs that can reduce facility size. Specifically, the applicant is asking that a) the roofs be modeled as 50% till grass and 50% impervious, b) the amended soil landscape areas be modeled as `pasture' instead of `grass,, and c) the coefficient associated with the `area Of till soil covered with grass' in equation 6-13 .used for wetpool sizing be reduced from 0.25 to 0.20, The applicant cites studies where extended use of amended soils hassignificantly reduced post -development runoff volumes. 12. South of the SE 124`h Street entrance, two ad hoc parcels compose the southern 42 lots of the King County Shamrock development proposal, Adjacent immediately to the south, is another I 1 lot development within the City of Renton also referred to as Shamrock. Both the southern portion of the King County Shamrock development and the contiguous City of Renton Shamrock development are to be served by conventional conveyance and detention in a shared facility along SE 128' Street referred to as the South Pond. This parcel is owned by the applicant and the proposed shared facility will. be dedicated to the City of Renton. An existing pond along the eastern edge of where the South Pond will be constructed appears to be an abandoned pond which now passes existing flows from the City of Renton Shamrock site to SE 128' Street. This pond will be expanded within the limits of the City of Renton Shamrock parcel to accommodate the southern portion of the King County and Renton Shamrock subdivisions. The City of Renton has adopted the 1998 KCSWDM for its storm water drainage standards, simplifying the design of the South Pond. 13. The applicant has submitted to the City of Renton a subdivision permit to develop the parcel and expand the current drainage facility. It is acknowledged that the City of Renton has review and approval jurisdiction over.the South Pond drainage modifications. This shared facility plan approval by King County is to acknowledge the accommodation of a King County subdivision's runoff by a Renton stormwater facility and the design assumptions used for the facility's expansion. The assumed Iand cover for the design of the King County's portion based on maxiof the pond is to be calculated mum zoning impervious coverage. The developer of the King Co Shamrock subdivision will expand the facility to its final configuration. Both thsic water County North and South Ponds would utilize the Level Two flow control and Ba quality requirements of the 1998 KCSWDM since they both drain south si Maplewood subbasin. the Based on these findings, we hereby approve this adjustment to allow a) the diversion of runoff to two facilities ultimately draining to SE 128'x' Avenue, b) modification of hydrologic ATTACHMENT Shamrock Subdivision/L04VO003 March 25, 2004 Page 4 of 5 modeling coefficients used in the wetpool and KCRTS :facility sizing methodology for the North Pond whose tributary area utilizes low impact SMPs, and c) use of an off-site, shared facility in the City of Renton with the following conditions: 1. The release rates for the North Pond detention facility -will be based on the tributary area being directed to the facility including the area of diversion. The release rates for the South Pond detention facility will be based on the tributary area being directed to the facility and the area within the .City of Renton that the city deems appropriate. 2. The volume for both detention facilities will be based on all flows directed to the facilities at fall'development under current zoning. The allowed release rates will be reduced by any undetained flows that would bypass the proposed subdivision drainage facilities as specified in the 1998 KCSWDM. The detention volumes shall be sized using the Level Two flow control standard in the 1998 .KCSWDM. A 10 to 20 percent volumetric factor of safety must be applied to all storm events requiring detention. The design Technical Information Report shall state the factor of safety selected and the basis of that determination. 3. Water quality facilities must be sized based on the entire proposed subdivision draining to the facilities including any required frontage improvements. 4. The North Pond drainage facility to be maintained by King County must be located in a public right-of-way, recreation space'tract with easement or storm drainage tract dedicated to King County. The City of Renton will determine tract requirements for the South Pond. 5. Amended soils will be used throughout all non -impervious, developed area tributary to the North Pond. Gravel encased perforated pipes shall be a minimum of 25 feet long and be designed to meet Figure 5.1.3.A in the 1998 KCSWDM for all lots intending to use the 50% impervious/50%.till grass credit. 6. All- amended soil areas shall be located on private property and be privately maintained. 7. The attached "Guidelines & Resources" Manual 2002 shall be used as minimum standards for implementing amended soil depth and quality for the Low Impact Development portion of the King County Shamrock site. This manual was established to implement Washington State's Department of Ecology guidelines for soil quality to improve stormwater retention. 8. The accompanying "Field Guide" will be used to facilitate field inspection of the amended soil areas. 9. To document the impact of low impact development design, the North Pond's outflow stage/discharge shall be continuously monitored for three years starting at 75% buildout of that portion of the site. The data and interpreted results shall be presented ATTACHMENT .A_ aF L Shamrock Subdivi 04VO003 March 25, 2004 Page 5 of S to King County WLRD Stormwater Services Section at the end.of each full year of monitoring. 10. The developer of the South Pond facility is responsible for all costs associated with the implementation of the shared facility plan. Engineering pians for the King County Shamrock subdivision shall note this approved shared facility pian. I I. The South pond shall be expanded/built to full facility size during development of the south portion of the Shamrock development. 12. Any Proposed modification to the existing storm water facility adjacent to SE 128th Street will require approval of a valid land use permit from the City of Renton. A n Or' the engineering plans shall state that on-site construction south oto shall not cornmence without anrapproved land use permit from the City f SE .11Z4a' Street of Renton, 13. The South Pond facility shall be inspected and receive approval for operation by the City of Renton prior to recording of the King County Shamrock subdivision. 14. Additional storm drainage requirements identified by SEPA or the plat hearing aPP1Y to this ll project. Any additional storm drainage requirements identifiiby he City of Renton will apply to the South Pond. d by the If you have any fiuther questions regarding this requirements, please contact Mark BKCSWDIvI adjustment or the de is at is K 296-7270 sign Sincerely, G �_L James Sanders, P.E. Development Engineer Jim Chan, PE. Engineering Review Section Supervising Engineer Land Use Services Division Site -Engineering and Planning Section Building Services Division cc: Curt Crawford, P.E., Managing Engineer, Stormwater Services Section Bruce Whittaker, Senior Engineer, Engineering Review Section L ' KCDNR Kin' Claussen, Project/Program Manager III, Current planning USD ion Mark B�ergam, P.E., Senior'Engineer, Engineering Review Segtion,tLUSD SD ATTACHMENT ---- -_.., OF .�� r 0 Surface Water -Design Manual King°only Requirements ! Standards Department of Development and Environmental Services Avenue Southwest Renton, Washington 905-1214 Adjustment* Request Project Name: DOES Project File No.: DOES Engineer/Planner 0- L02Pm14 Projecl Address: Design Engineer: hone: REQ 0 -is mn 425-821-6448 ApplicanVAgent; Phone: Date: Ca*_st 425-825•-1955 / -/,� -p-7/ rngm riame: Signatu - Date: —0 Triad Associates Address: City, State, Zip e: Address: City, State, Zip Code: 9720 W1 th Place Kirkland, & 98034 11814 -115th Ave W Kis4cLau-d, LLA 98034 INSTRUCTIONS TO APPLICANTIDESIGN ENGINEER: Please be sure to include all plans (7.1.13., N available), sketches, photos and maps that may assist in complete review and consideration of this adjustment request! Failure to provide all pertinent Information may result In delayed processing or denial of your request. Please submit two complete copies of this, feguest. application form, and applicable fee to the DDES Intake Counter, at 940 Oakesdale Avenue Southwest, Renton, Washington 98055-1219_ For additional information, phone Randall Parsons, P. E., at (206) 296-7207. L REFER TO SECTION 1.4 IN CHAPTER 1 OF THE SYMPACE WATER DESIGN MANUAL FOR ADJVST14ENTS DESCRIPTION OF ADJUSTMENT REQUEST: M Standard ❑ Cornplex ❑ Experimental 0 Blanket O Pre -application 1. provide an offsite- facility 2. Lary cover assurptions for low iapact develgxEnt c r-Iditions APPLICABLE VERSION KCSWDM: ❑ 1990 (11195) ` EX1998 (9198) ❑ *(Note. the term "variance" replaced by "adjustment") APPLICABLE SECTION(5) OF STANDARDS: Core Ri3qjiretrtemt #3; Special %4Jireffmt ff1 JUSTIFICATION PER KCSWDM SECTION 1.4.2 & See attachments listed below. Preliminary Ted-nical InfmTmtion Deport Cover Letter Preliminary Plat i+bp Low Impact DetleleiXrlent Project Report NATURES: 12 Approval YxCon. ditlonat Approval (see below) 11 penial ❑ DNRIWLRD Approval Signed: bate: (fExppeerimental & Blanket variances only) DOES Staff Recommendation Signed: '' pate: y Conditions of Approval: El See attached Memo Dated: . 4 * DDES, land Use Services Div., Engineering Review Supervisor: DDES, Bldg, Sere. Div., Site Engineering & Planning Supervisor: fined; Signed: ate: Date: ..�� r -r r� r -i n n rn r=1 ria F95! ERVSNOM-AD.7, doc Fe6;ERS;SHOMR-5.eoy72.d0c 11/17!94 ele ATTACHMENT —� - -D –OF�— W SAN 2.a 20 K. C. D.D.E.S. King County Department or Development and Environmental Services 900 Oakesdale Avenue Southwest Renton, WA 98055-1219 DATE: Project No. >= LQOXXXXX SUBDIVISION and SHORT SUBDIVISION REQUEST TO RECORD Interoffice Memo TO: Land Use Inspection ISection RE: Project Name: Project No.: Project name as shown on recording document -� Final Activity No.: Inspection Activity No.: Please inspect the above -referenced project for the following items: The Land Use Inspection Section does not recommend recording if any item is marked No 1. KCC 9.04.090(c): Are those portions of the drainage facilities necessary to accommodate the control of flows discharging from the sites constructed and in operation, per public RID rule? Yes No NIA 2. Are water mains and hydrants installed? (must also be approved by Fire Marshall) Yes N o N/A 3. Are roadways graded to all lots capable of providing access by passenger vehicles? Yes No 4. Are specific site improvements required by preliminary approval installed? Yes No NIA 5. Is sensitive area to remain undeveloped delineated? Yes No NIA 6. Is temporary control monuments set by Land Surveyor? Yes No NIA 7. Are all safety hazards addressed? Yes No 8. Do you object to the recording of this subdivision? If you have checked No, indicate the reason(s) in the comments section below. Yes No 9. Are there any building lots on this plat, which should have further review or engineering prior to building construction? If so, identify those lots in the comment section below and describe concerns along with suggested final plat note(s). 10. Minimum Performance Financial Guarantee required for recording is $ Restoration Financial Guarantee may be used if a Performance Agreement to Complete form is completed. 11. Minimum Landscaping Financial Guarantee amount required for recording is: $ 12. Minimum Recreation Financial Guarantee amount required for recording is: $ 13. Minimum Street Trees Financial Guarantee amount required for recording is: S COMMENTS: Inspector's signature and date: Project Manager's signature and date: RETURN To: , Engineering Review Section 5/Forms./CURRENTFORMS.RegtoRec.Present. 10/21144 Original: Platting Engineer Copy 1: FGMU Copy 2: Inspector t t �64� � I� ��iK y s l 1 is o l ,1 ri 1 t rr k �, a r�� •� ', � f � l y 1 n�rn�s • Bm..+'Y. 1.f' 7vM w.e auert.:e xua a cr �n rd a .pvr�..a o*., • Sca.. w+a x<e.n:m nc:a.e src cw�Peui wy. � sor .m ecacm mar my rosea ae ue m:dmo:e.. • Canprte aM ace.rsh eovrtax areae a- ' — .d be re4r L. !.E P�" a..�b Preliminary Plat Modification Exhibit SUMMIT HOMES RENTON PROPERTIE' for- l3-- acs940 EXHIBIT 1 LuAcq - 12,5 AFTER RECORDING MAIL TO: Sara Slatten CamWest Development, Inc. 9720 NE 120` Place, Suite 100 Kirkland, WA 98034 CONFORMED COPY � ii 6 ')' (d iob1 SHAMROCK HIGHL EAS 38.00 PAGE001 OF 004 11/04/2005 10:43 KING COUNTY, WA PUBLIC STORM DRAINAGE EASEMENT (Kitsap Ave SE) Grantor: SHAMROCK HIGHLANDS, LLC Grantee: KING COUNTY Legal Description: Ptn SW'/ SE'/ SE'/4 10-23-5 [Full Legal Description At Exhibit A] Tax Account No.: 1023059040 Related Documents: N/A Grantor, SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby conveys and quitclaims to Grantee, KING COUNTY, a Washington municipal corporatign, and its successors and assigns an easement for the installation and maintenance of a storm water conveyance and detention system (the "Improvements") on, under and across the real property described in the attached EXHIBIT A (the "Easement Area") together with a right of ingress and egress to the Easement Area for the purposes of maintenance, repair and replacement of the Improvements. The easement is granted for the benefit of the real property described in the attached EXHIBIT B (the `Benefited Parcel'). The easement is granted subject to the following terms and conditions: Grantor makes no warranties of any kind, express or implied, to Grantee concerning the condition of or title to the Easement Area, or the condition of the Improvements within the Easement Area. Grantor reserves all rights to use the Easement Area for any and all purposes not inconsistent with the Easement granted hereby; provided that such reserved rights shall be exercised in a manner that does not interfere with Grantee's exercise of the rights granted hereby. Grantee shall, at its own cost, maintain the Improvements in good condition. Upon the recording of the proposed plat of Shamrock Heights II, Grantee shall execute and record an instrument terminating this easement. The rights and obligations of the parties hereunder shall inure to the benefit of and be binding upon their respective successors and assigns. (Signatures on Following Pages) EASEMENT PAGE I Grantor's Signature Page For Easement Dated this ?� day of November, 2005. GRANTOR: SHAMROCK BGHLANDs, LLC., a Washington limited liability company By CamWest Development, Inc. Its Managing Member By: 1�&! Eric C pbell, sident STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Eric Campbell 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 the instrument, and acknowledged it in his capacity as the President of CamWest Development, Inc., the managing member of Shamrock Highlands, LLC, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. DATED this 3 day of November, 2005. FLA 'kit 60TA/?y 9�; :� r cn : PUBLIC :• _ y�aiaeC� ••8.29; 4$.• ��'��- �s���- -r2s�- • c.�' (Print Name) S. Y Residing at,3NOQUf{•LM6Gj f t4jA- My appointment expires: 6-27—Z)8 EASEMENT SIGNATURE PACE EXHIBIT A. DESCRIPTION OF EASEMENT AREA PARCEL A A STRIP OF LAND 10.00 FEET IN EVEN WIDTH LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON; THENCE NORTH 88020'50" WEST, ALONG THE NORTH LINE OF SAID ONE SIXTYFOURTH SECTION, A DISTANCE OF 99.78 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE DESCRIBED HEREIN; THENCE SOUTH 00035'55" WEST A DISTANCE OF 151.14 FEET; THENCE SOUTH 0015'26" WEST A DISTANCE OF 249.80 FEET; THENCE SOUTH 26°57'28" EAST A DISTANCE OF 16.07 FEET AND THERE ENDING. SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. I7:\k1kela1l:3 COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON; THENCE SOUTH 00015'24" WEST, ALONG THE EAST LINE OF SAID ONE SIXTYFOURTH SECTION, A DISTANCE OF 413.55 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00015'30" WEST A DISTANCE OF 203.14 FEET; THENCE NORTH 88021'07" WEST A DISTANCE OF 330.34 FEET; THENCE NORTH 0014'28" EAST A DISTANCE OF 197.76 FEET; THENCE SOUTH 89017'06" EAST A DISTANCE OF 330.31 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL C A STRIP OF LAND 10.00 FEET IN EVEN WIDTH LYING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M., KING COUNTY, WASHINGTON; THENCE NORTH 88020'50" WEST, ALONG THE NORTH LINE OF SAID ONE SIXTYFOURTH SECTION, A DISTANCE OF 99.78 FEET; EASEP= ExHiBITS THENCE SOUTH 0035'55" WEST A DISTANCE OF 151.14 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE DESCRIBED HEREIN; THENCE NORTH 87046'35" EAST A DISTANCE OF 27.30 FEET; THENCE NORTH 00042'54" EAST A DISTANCE OF 30.50 FEET; THENCE SOUTH 88021'07" EAST A DISTANCE OF 68.15 FEET; THENCE NORTH 01°38'53" EAST A DISTANCE OF 5.75 FEET AND THERE ENDING; SITUATE 1N THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. F aster EDITS EXHIBIT B: DESCRIPTION OF BENEFITED PARCEL PARCEL A THE EAST 266.04 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 50 FEET OF THE NORTH 16 FEET OF SAID PROPERTY,- SITUATE ROPERTY;SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B THE EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. EASEMENT E)WwiT5 AFTER RECORDING MAIL TO: Sara Slatten CamWest Development, Inc. 9720 NE 120th Place, Suite 100 Kirkland, WA 98034 CONFORMED COPY 20051104000775 SHAMROCK HIGHL EAS 34.00 PAGE001 OF 003 11/04/2005 10:43 KING COUNTY, WA PRIVATE STORM DRAINAGE EASEMENT (Rear Yard French Drain) Grantor: SHAMROCK HIGHL ANDs, LLC Grantee: SHAMROCK HIGRLANDs, LLC Legal Description: Ptn SW 1/4 SE'/4 SE 1/ 10-23-5 [Full Legal Description At Exhibit A] Tax Account No.: 1023059384;1023059040 Related Documents: N/A Grantor, SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby conveys and quitclaims to Grantee, SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, and its successors and assigns an easement for the installation and maintenance of a storm water conveyance system (the "Improvements") on, under and across the real property described in the attached EXHIBIT A (the "Easement Area") together with a right of ingress and egress to the Easement Area for the purposes of maintenance, repair and replacement of the Improvements. The easement is granted for the benefit of the real property described in the attached EXHIBIT B (the "Benefited Parcel"). The easement is granted subject to the following terms and conditions: Grantor makes no warranties of any kind, express or implied, to Grantee concerning the condition of or title to the Easement Area, or the condition of the Improvements within the Easement Area. Grantor reserves all rights to use the Easement Area for any and all purposes not inconsistent with the Easement granted hereby; provided that such reserved rights shall be exercised in a manner that does not interfere with Grantee's exercise of the rights granted hereby. Grantee shall, at its own cost, maintain the Improvements in good condition. Upon the recording of the proposed plat of Shamrock Heights H, Grantee shall execute and record an instrument terminating this easement. The rights and obligations of the parties hereunder shall inure to the benefit of and be binding upon their respective. successors and assigns. (Signatures on Following Pages) EA&EMENI' PAGE I Grantor's Signature Page For Easement Dated this day of November, 2005, GRANTOR: SHAMROCK HIGHLANDS, LLC., a Washington limited liability company By CamWest Development, Inc. Its Managing Member M— - By_r Eric Cam ell,P sident STATE OF WASHINGTON } ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Eric Campbell 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 the instrument, and acknowledged it in his capacity as the President of CamWest Development, Inc., the managing member of Shamrock Highlands, LLC, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. DATED this '� day of November, 2005. (Print Name) ._F1..+ t•)r Residing at -WQ& lt-x.M16( wA� My appointment expires: 3-.27--08• EA$EME[+IT SIGNATURE PAGES EXIMIT A: DESCRIPTION OF EASEMENT AREA BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., KING COUNTY, WASHINGTON; THENCE SOUTH 00015'26" WEST, ALONG THE EAST LINE OF SAID ONE SIXTYFOURTH SECTION, A DISTANCE OF 113.05 FEET; THENCE NORTH 88021'07" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 00015'26" EAST A DISTANCE OF 113.05 FEET TO A POINT ON THE NORTH LINE OF SAID ONE SIXTYFOURTH SECTION; THENCE SOUTH 88020'50" EAST A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. SITUATE IN SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10. CONTAINING 1131 SQ, FT. OF LAND MORE OR LESS EXHIBIT B: DESCRIPTION OF BENEFITED PARCEL THE EAST 266.04 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W -M.; EXCEPT THE EAST 50 FEET OF THE NORTH 16 FEET OF SAID PROPERTY; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. EASENM-NT EXHi iTs CONFORMED COPY AFTER RECORDING MAIL TO: 20051104000776 SHAMROCK HIGHL EAS 34.00 PACE001 OF 003 Sara Slatten 11/04/2005 10:43 KING COUNTY, WA CamWest Development, Inc. 9720 NE 120th Place, Suite I00 Kirkland, WA 98034 PRIVATE STORM DRAINAGE EASEMENT (Front Yard Roof Drains) Grantor: SHAMROCK HIGHLANDS, LLC Grantee: SHAMROCK HIGHLANDS, LLC Legal Description: Ptn SW '/4 SE '/4 SE 1/4 10-23-5 [Full Legal Description At Exhibit A] Tax Account No.: 1023059384;1023059040 Related Documents: N/A Grantor, SHAMROCK HRGELANDs, LLC, a Washington limited liability company, for and in consideration of One Dollar ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, hereby conveys and quitclaims to Grantee, SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, and its successors and assigns an easement for the installation and maintenance of a storm water conveyance system (the "Improvements") on, under and across the real property described in the attached ExHIBrr A (the "Easement Area") together with a right of ingress and egress to the Easement Area for the purposes of maintenance, repair and replacement of the Improvements. The easement is granted for the benefit of the real property described in the attached ExrMrr B (the "Benefited Parcel"). The easement is granted subject to the following terms and conditions: Grantor makes no warranties of any kind, express or implied, to Grantee concerning the condition of or title to the Easement Area, or the condition of the Improvements within the Easement Area. Grantor reserves all rights to use the Easement Area for any and all purposes not inconsistent with the Easement granted hereby; provided that such reserved rights shall be exercised in a manner that does not interfere with Grantee's exercise of the rights granted hereby. Grantee shall, at its own cost, maintain the Improvements in good condition. Upon the recording of the proposed plat of Shamrock Heights 11, Grantee shall execute and record an instrument terminating this easement. The rights and obligations of the parties hereunder shall inure to the benefit of and be binding upon their respective successors and assigns. (Signatures on Following Pages) EASEMENT PAGE] Grantor's Signature Page For Easement Dated this -� day of November, 2005. GRANTOR: SHAMROCK HIGHLANDS, LLC., a Washington limited liability company By CamWest Development, Inc. Its Managing Member By:—av, Eric CMnpbell,ifesident STATE OF WASHINGTON ) ss. COUNTY OF KING ) I certify that I know or have satisfactory evidence that Eric Campbell 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 the instrument, and acknowledged it in his capacity as the President of CamWest Development, Inc., the managing member of Shamrock Highlands, LLC, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument. DATED this 3 day of November, 2005, Pit ti�54aNE-fo'p��iti� i t� :i P(JBLIG �'�2 r �r 9J •.,8.29 '� �+ p� V N (Print Name) Tim S iY Residing atS NDQUArt.1Vl(G, 1.,A - My appointment expires: z`! -,08' EASEMENT SIGNATURE PAGE EXHIBIT A: DESCRIPTION OF EASEMENT AREA COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., KING COUNTY, WASHINGTON; THENCE NORTH 88020'50" WEST, ALONG THE NORTH LINE OF SAID ONE SIXTYFOURTH SECTION, A DISTANCE OF 84.02 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00015'26" WEST A DISTANCE OF 61.52 FEET; THENCE NORTH 89044'34" WEST A DISTANCE OF 10.00 FEET; THENCE NORTH 0015'26" EAST A DISTANCE OF 61.76 FEET TO A POINT ON SAID NORTH LINE; THENCE SOUTH 88020'50" EAST A DISTANCE OF 10.00 FEET TO THE TRUE POINT OF BEGINNING SITUATE IN SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10. CONTAINING 616 SQ. FT. OF LAND MORE OR LESS EXMIT B: DESCRIPTION OF BENEFITED PARCEL THE EAST 266.04 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W.M.; EXCEPT THE EAST 50 FEET OF THE NORTH 16 FEET OF SAID PROPERTY; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. EAsEymqT EMTs w f U�J 2A'P Pr-) L 0 (C� z2 0 (D BUILDING ATaD l ^ND DEVELOPMENT LIVISION 3600 — 136th Place Southeast t X3012evue, W, sh:Lagtnn 48006-1400 TELEFRONt.- 296--6640 � 1oa A clsoe,w.s',s//Waa. ..++ tlCGsmal Gley LiF 7.aL C._.sti�arJ' a Masa X64= -ass CTS Etp iaans ' -� ; ,+, � {?�4 '��. •� J3 ya9' � r/S •i'v+,�v.s SaS ox{a �'7/ ��Fa $� Ems;, S/3 Lac a..�.r a My+s AE��a■ Carl "itp i -nn. Tail Lme • SD.lf.LZ 09 mavor sdmaga D s*osA3 i er=tiir prate .�"w S"a1d7�_1R i+s1es�uon ivn fa�c►a xatshad o as #ruo grid tY • + �.,� + 38 ET avtadpa ZA" C Ink C fl +YgiL 4 SwC i .a `f 4C �fsx `1t ria f!a! 1L =nasal 1<reLstrd i r BD01 KING COUNTY DEPT OF ASSESSMENTS 13DO1 PAlI1Z$O-S, REAL PROPERTY LEGAL DESCRIPTION 10/24/90 15:40:05.7 COUNT: 102305-9174-0 SITUS: 12266 148TH ST SE 98065 XPAYER: SMITH ROY QSTR: SE 10 23 OS r..� CE ALSO 8 SPLIT) 3URS: KING CO GAL DESCRIPTION - PAGE 1 •T BLOCK PLAT: 1/2 OF 5 1/2 OF NE 1/4 OF SE 1/4 OF STR 10-23-05 LESS 230 FT OF N 300 FT THOF TAX{ POR PARTIALLY EXEMPT UNDER Q W 84.36.381 THRU .389 * END OF LEGAL DESCRIPTION * + C,• U1 �� �� •�� www a�� ,a'.s •_� a1_ �i� r..::� w'_-. ♦yam Sti+.T ��'� �M i �� voAei,4 /a o f �)-4 rz4sT' '%y c,,- -rAa So.Vy(Aa,-►- Yy- o.- iO row:rs. 23 � ,q /pin FxC�/PT. 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Fax ONLY to your dedicated MongoFAX number below 0REEKTFAO�WKS-0kj EIZU7M DOEDODD ED 00000❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ 000000000000000❑❑❑❑❑❑❑❑ 000000000000❑❑❑❑❑❑❑❑❑❑❑❑ From: (identifies Sender, Enables Replies, Provides Confirmation, Tracking Number 0Copy Email) ❑❑❑ 00000000000❑❑❑❑❑❑❑❑❑❑❑❑❑ 0 Vl2 • Notes: Here are the Shamrock documents you requested. Thanks MongoNet is not responsible for any losses or liabilities arising from the use of this product By using this product, you acknowledge and agree to the Terms of Service posted at wvwv.MongoNetnet. All rights reserved. U.S. Patent No. 6,424,426 and other patents pending. O 20002045 MongoNet Inc. MongoNet Customer Service: support0mongonetnet -or- t (866) 482-2229 Powered by MongoNet Fax Onlyto: Your Man oFAX Number NlongoFeAX 9 11/10/2005 17:37 FAX 425 646 8576 TRAYSNATION SCURTI UNIT L 002 SAFECO t Filed fpr Record At ROCIUM f Of so Thmas Xacrov COMPODY OL NAME - ADDRESS 1306 Lqorth 175th Suite 115 Ott T fr - Gj Seattle. Wshington 98131 ria CITY AND STATE----- W -4W& pdjCb1c&V787M9 4 v fa?c, r% STATUTORY LL WARRANTY DEED IV) L TK GROA-mil CAM= md CTME IFIC-ii OV11111111hill3f9m ratt 00 L3 for am in cuiskWagan of TZN.AM.WjjQ0--- DOLLAMS A16- ' '6= AM TAWABLI MER co - ti '*WZO. Wsb=d and ldf* f in 111 41111114 -wi—ti I'l A -P '4 7 State of ryG prow OWMV • at Fl� ftwwpi - kig difteir." f6ma"Oku&W LA .4, .7, AS TMATTACK.10'AND 411M A Z= yJ1t1t1Wl­" and cavomsts of recer4t salt dai'iirtiii- i"I -ZiI44' of DRWL4 imil I '4md.'W , . ,,isn Greco, TbMili;v;1iked *isj'" 0 t eirlAW B"Cadwr 15, 1977 -4 -kisti6. berme &Pee, to .v, :tbb "M -V !z f97A & ti, C k P it . . . . . . . . . . . . . . . . . . '6^ ;I d4 dV, 4yM161 j W -=A .j ---;!-,-CDU4TY* T is fim� -A— n. ul u ind Morn, -uj*&Lp& mow- �CIQIOrR- " sm r - iftmey' of A .5,1 11/10/2005 17:38 FAX 425 646 8576 TRANSNATION SCURTI UNIT fwgi�'%" li ,.nr.:�.' as dI'LuATE!) in ^$E cc){, .•-r: ce Knic, STXm-' OF WASUIMCGTON, 1L*!i] .[S .=F3�� 5 FOLLOWS : The nortaeasterlY 54.00 feet of the southW*S taxly 163-00 feet of Lot �4, Block 15, Aldef—imod Manor 41. , acCard4"19 _tO (i a plat � thereof recorded in volume 26 of Plats, Pada 9 La��shit►gtan. _ AI:Mks:own ds p..arcel 1 of Short Plat Humber 1176040 f' I&d under King ,1l"Zo ti Recording Humber 7741140550_ PRF.CEL 2 - 4 acoordin to the plat thereof I,o` Z4i;.'$1oC.i5,• Alderwood DlanoF it . g Washington, Z6 of lo-- page 4 in King County, g r•. r�cnrda:d.�'in yve�+.me � • ULE Y�the the 0{4trAl ' `+ 6. �# Y VP .k..�rL U003 ',squthwestsrly 163 fret, and rj.or�heastexlp ;171. �7 feet thereor - g . tue follow:LvLg described easement: '-aver tb t 'PoxtiCIV.of .ats 23 and 24, said addition des� ,v �.r��', h s",•.� 1 of said lot 23r On t$2 Aof ' Y S•�Tortheasti acid margin said the southwesterly -feet to the begLnning t , i o"ths northwest hawing a radius $cave "" I `a.1 MAY loe said curve through a central �rky. tandYa her y_, g to the nartl�•westerly line of I. PRIa . a,.aista;ics,:gf'.:47i12 feet '' . tstexiy"' D:"feed°;off ;Said tcit '24, tite'� 2$t38'iQ ' ;,east'.; long said northwesterly lane 320.64 'g.Cnrye' to the right, with a radius of Tose":,centsbears? north 37!17'5V east: ui3,snxd u de t rau h'a central angle of 277°03'251, a 12.64 feet; :th 60°21'50" west 8 feet to the southeasterly ling of the arly 12"feet.of 'said Lot 23: iris 29,936'}.0",*.,wast along said southeasterly line 156-00 feet; nth 60t,Z1'SO'TL; !t'8 feet: ii' 00 feet; .'i r;SQ'�"wst: feet to said southeasterly line of „ (.!atV-0--i2„;`eet'' af`+rot 3; r line 135 fee, 9i0” '�resti along said southeasterly ganai33K 'of"a='xaa enC curve to the leFr dt:,se radius is iii ,mak r,�. • a sa + C1.rue caacaye to the east through a cen-, _ a''clistauc''of +7.12 feet to sexic3 no7rtbeasteriy ,n 6th 0°7.I`;5 es 'along said 7.argin and the south%estarly ald' I.o; 23• s an cP 42 feet to the true point of }��I�''• 5 f f4}YJ -1�'•'�i F''V�r k' Y�1 .��r : ,'.�1". :M ►•,+s�.� ate! h� Co 4xj '1;',Secr g t ��g0��f + :the.`'sou ,•%S^Y•SC•N"^-.4'' S tfience'� '�S. }: ;'s:.+i- :� f' i ~1'40' L thd then6 • tttr�ee; ULE Y�the the 0{4trAl ' `+ 6. �# Y VP .k..�rL U003 ',squthwestsrly 163 fret, and rj.or�heastexlp ;171. �7 feet thereor - g . tue follow:LvLg described easement: '-aver tb t 'PoxtiCIV.of .ats 23 and 24, said addition des� ,v �.r��', h s",•.� 1 of said lot 23r On t$2 Aof ' Y S•�Tortheasti acid margin said the southwesterly -feet to the begLnning t , i o"ths northwest hawing a radius $cave "" I `a.1 MAY loe said curve through a central �rky. tandYa her y_, g to the nartl�•westerly line of I. PRIa . a,.aista;ics,:gf'.:47i12 feet '' . tstexiy"' D:"feed°;off ;Said tcit '24, tite'� 2$t38'iQ ' ;,east'.; long said northwesterly lane 320.64 'g.Cnrye' to the right, with a radius of Tose":,centsbears? north 37!17'5V east: ui3,snxd u de t rau h'a central angle of 277°03'251, a 12.64 feet; :th 60°21'50" west 8 feet to the southeasterly ling of the arly 12"feet.of 'said Lot 23: iris 29,936'}.0",*.,wast along said southeasterly line 156-00 feet; nth 60t,Z1'SO'TL; !t'8 feet: ii' 00 feet; .'i r;SQ'�"wst: feet to said southeasterly line of „ (.!atV-0--i2„;`eet'' af`+rot 3; r line 135 fee, 9i0” '�resti along said southeasterly ganai33K 'of"a='xaa enC curve to the leFr dt:,se radius is iii ,mak r,�. • a sa + C1.rue caacaye to the east through a cen-, _ a''clistauc''of +7.12 feet to sexic3 no7rtbeasteriy ,n 6th 0°7.I`;5 es 'along said 7.argin and the south%estarly ald' I.o; 23• s an cP 42 feet to the true point of }��I�''• 5 f f4}YJ -1�'•'�i F''V�r k' Y�1 .��r : ,'.�1". :M ►•,+s�.� ate! h� .. ...: 611 ,•%S^Y•SC•N"^-.4'' S '�S. }: ;'s:.+i- :� f' i ~1'40' L .. ...: 611 11/10,12005 17:39 FAX 425 646 8576 TRANSNATION�CLIRTI LWlT 6� J q WA)SOOM MM F OF �vr PUNIM coukrif NMIX TAX PAiD maxw" Rl"m 10 JUL ULIIW6 r- M k F7 VETUVUWY vwarw T. MLL. hobmW WW wire TM CMNTM GUM KLL end W" IMLM AND OSIER VAaLIAE MMSIDMATEDO 7 -kir N Vjy� ,p"CMveoms"womalple M T. FI 4 *111 W11111111111VOW bxUTi&wl the bauffling &EMand foe tomby m1mbw a the North half of the Mm,Wt quarter or Ve SwUvWt quarter at t1w sciiiAhmet *wur or SocUm 10, TMrr04 23 Horth. Rdnp 5 Ewt. M.N., inl" CamLy. MPWdML-1 TDMTFD W11H m #640w* over the Nath iis rett cr Lbs sewth hair or the "woo mk-ml-M 40kzfex or the South,,* q,,to of the sowu~ quwtw or EwA 5@GtAm 101 Aw I tA 16 Fact of the Ellet % rmt ar thei SOL" hat TOWMR WIM = amwwc gym the "a of Utw%wt*"t quarter or the Uwiiiiiiiiit, quarter of the smumust *MrLer of mmW Seddon suaxcT To, Eeeeaent, wA the teras sw caraiucm thcmr few pW* 111- " -WetrIc Lz JIM in rwor of sunrmlmlw f4jji& WW Whits ll'y ftrlaetM by that kMLM�11111111* romr&d wAar wowrdirq Me. 3D5589 ion August -�71;rr C=. beer equal skwm of tha coat rw cotructLon. mdmtwmmo or q_jr or road, w recorded under Auditor's File.,W0. SnUn : May 16, M. 16004 I 7E. - mm VLA RrATI on ~ bdm as My 00 judkjAMW in el !�, T-Eismo A 0 0 0 m A F" Illy, srax or wADUPmrv= courm or- as allb b6mhn AL iis IL Nogim Pdae kck*. t-: wvl� MWi>rr abed Mkw met. iamb marl AW &W 8" ylmmll" �*Jhd?—AR47 J� a� lsyin• ly p"Oa * .�M up«n nom. vpn"Oy yisil •■y v r8�p n �i,r'a Y•"n cin «r Py�:i' v�e7« $�i�`'Z�n►1tF�n� QO s � p«OY w -^wi"C SV+r[C Oy "z jAr g FF (ir � o ♦ yam. M :w;p'. � ys�w Y _ � VAm.► `- cY v'w,'. PP' it -i psn c ro"; `ate �Z 142 ND`-' ` AVENUE .' S.E. 4"mH W000 y v �Q09 V T M v jl z w �B m y v �Q09 V T M v jl ' w 1 m x ' Y, u y �Q09 V t v � m of " %S~ C z CIS C T \! a C 8 J a a�cl Z [.1 6) Z �B w z � n � N Y09'v ]"[ 2635,6 a « ur rt S, A s� � =s a o z Toa SO 117'50'W 3634b1 3b D b e 11/10/2005 17:39 FAX 425 646 8576 TRANSNATION SCURTI UNIT Filed for record at the request of KING COUNTY WATER DISTRICT NO 90 15606 S.E. 129TH STREET RENTON, WASHINGTON 98059 Easement No_.,14-23-5-16R _ �T Project: SE 125"' ST MAIN EXTENSION Tax Parcel ID#: Grantor(a)- cm co en 9393 57`h INA 98275 0 C= Grantee(s)- KING COUN THIS INDENTURE, made hstwren Kim Ceir.WTY CouTsty, Washington, hf hereinafter, termed the "C ROTN WILL EAS 12 H PON OEI OF X8,9 UNGpCOUNTY, Y'Z6 WATER DISTRICT NO 90 AGREEMENT FOR EASEMENT Z005 this 5'1 day of ! r<r-:�r-i1 1 20 oo , by and WATER-0F9TF6Vf -rinuo aysl ',09)0 --at- 117%of King :remafter termed the "Grantee", and ANDY f PHUNG, raptors"; WITNESSETH That the said Grantors f r ONE DOLLAR t$1.00) and other valuable consideration, the receipt of which is h�eby acknowledged by the Grantees, does by these presents convey, grant and warrant unto the Grantee a permanent easement for water mains and appurtenances un r, through, above, and across the following described property situated in King County, Washington, together with all after acqutred title of the Grantors therein, an more particularly described as follows: 1;121=1jDDCWmUNGKM DOC Page 1 of 5 OWZabo 11/10/2005 17:40 FAX 425 646 $576 TRANSNATION SGURTI UNIT 2006 EASEMENT NO.: 10-23-5-1 SH The North 10 feet of that portion of Section 10, Township 23 North, Range 5 East, W.M , King County, Washington described as follows The North 16 feet of the South half of the Northeast quarter of the Southeast quarter of the Southeast quarter, ALSO the North 1 6feet of the East 50 feet of the South half of the Northwest quarter of the Southeast quarter of the Southeast quarter; LESS County rhe GrEsytor warrants that their title is free and clear of all encumbrances except: fin IThme blanks sho be eahar filled n and irnmilad by tris Grantor of Rd out COMPlataly 1 CD � If the property of the Graintors at the time of granting this easement is unplatted but en Is platted prior to the recording of this document, then the Grantors do hereby U- authorize the Grantee to add to this agreement the designation (vofume and page, etc.) of such plat. 4 C%j The Grantor acknowledg s that part of the consideration being paid by the Grantee is for any and all damage resulting to or resulting hereafter from the possible Interference of the natural flow of surface waters by Grantee's digging of pipe limes which may disturb the sol composition within said easement. -The Cnntaa sh-11 lave law, at such time as rr Df constructing, repaint connections herewith, provided ( 1 ) The Grantee, Wat tion as good as or Water Distriot No. a rightkvahout prior 131gltfio Qt any suit of proceeding at be necessary, to enter upon the easement for the purpose altering or reconstructing said water mains, or making any ithout incurring any legal obligation or liabilrty thereflor, District No. 90, will restore Grantors property to a condi- itter than the premises were prior to entry by the Grantee, F 1271i5MOCsiP UNMM 00C IPage 2 of 6 03124= 11/10/2005 1.7;40 FAX 425 646 8576 TRANSNATION SCURTI UNIT Z007 L, a 0 on 0 Ln Q a 121 The District will ex ments on the ease said improvements, EASEMENT NO.: 10-23-5-15R its best efforts not to damage any p(wate improve - herein, but if it does so, it stall repair and/or replace (3) Restoration, replacement, and repair shall be completed within 90 days of the date of any entry by the Distnot and said restoration, replacement, or repair will be of a quality and/or quantity that ,s comparable or better than existed prior to the Grenteq's, District's, entry upon the easement. (4) The above set fort conditions shall apply not Only to the tnctial construction but also to any re-entry by the Water Distnet that becomes necessary for repair and maintenance of the water line on said easement. (5) Any damage andloir removal of any ornarnental tree, shrub, fence, or rockery shall be replaced within the aforementioned 0 day period by the District. The Grantor shall retain the right to use the surface easement if sunk use does not interfere with the installation, repairing, altering or reconstructing of the water main. PROVIDED, the Gantor shall not erect buildings or structures of a permanent nature on the easement dpring the existence of said easement. The easement, dui and shall be binding on hereto 114 WITNESS WHEREOF, '20- A )�R5Y— T. P STATE 20 - STATE OF WASHINGTO' COUNTY OF KING On this day of Q ANDY T. PHUNG to me the wrthm and foregoing F \2%{l52U=SV"jt40E9M Doc l its existence, shall be a covenant running with the land e successors, heirs, and assigns of both of the parties have set our hands and seals this !� day of OUR) ,P �uot► o;' } SS 20, before me personally appeared known to be the individuals described in and who executed instrument, and aeknowladged said instrument to be the PBge 3 of 5 i"124= 11/10/2005 17:40 FAX 425 646 8576 TRANSNATION SCURTI UNIT Z008 Un C%4 c=� 0 r 00 CM 0 EASEMENT Na.. 10-23-5-15R free and voluntary act and deed of said Grantors, for the uses and purposes therein mentioned GIVEN under my hand and official seal this dsY Of . 20 ROTAP MPUBLIC in and far a State of Washington, residing at j- M e&A My commission expires: / 5 (� 0 F %21ki 71ogCSIPNUNGESN4 DOG Foge 4 of 5 (33/14= 11/10/2005 17:40 FAX 425 648 8576 TRANSNATION SCURTI UNIT la009 IP F 121t153%oom WNGESm 04C EASEMENT NO 10-23-5-15fR b� N v ♦1'iT'A� � If PgRM. EASEMENT % Cal a2 .730% #t ;r, 3! Page 5 of 5 rfr ul i W FE wt a 0 o a ' 11a � .. K■ W w .3" - isjo, 0, � SE 125TH ST MAIN EXTENSION EASEMENT N0. 10-23-5-15R 03/24100 11/10/2005 17:41 FAX 425 646 8576 TRANSNATION SCURTI UNIT i I Return Address: i Lka3 a Cm �a� .LI -T ra a �1p kstoo 1, SE �2` %rt• I I Z010 rieise prLal ar lype tafanuatiuo WASHINGTON STATE RECORDER'S Cnver Sheet (ltt w O o41 Document Title(s) (or transactii ons contained therein) (1111 areas applicable to your docaniBrit must be filed ta) 2 F � I i Reference Number(s) of Documents 'gned or released: t 5elrvtclv�- t� to • 7.3 5 • 9 - Additional Additional refermee #'s on page ! of document Grantor(s) (Last name Fmt, then fust name and initials) 2 OAA--ACtt4er b,OvZSe LA . 3 qu.ASa kir, A ft~% . 4 Additional uamcs on page o f doermant Grantee(s) (Last name first, then firstnamc and initials) I lei%o t^eis Wa+cr DI sfiriC hAo . go 2 5 I 3 4 Additional names on page of dorumrnt Legal description (sbbroviahad t o lot, block, plat or section, township, range) i �AddlrSonal lcga! is on p11ge of documeai I Assessor's Property Tax PareeUAccount Number Assessor Tax # no yet assig�ed The Auditor/Ytecordcr will rely on eha uiromiaton provided on the form The staff unll nat rc,id rhe document to verify the accutac or crnnpletetu ss of dte indexing infarrnation providad harCln 11/10/2005 17:41 FAX 425 646 8576 TRANSNATION SCURTI t IT [moll Filed for Record at the request of KING COUNTY WATER DISTRICT NO 90 15606 5.E 128TH STREF;T RENTON, WASHINGTON 198059 Easement No.. 11 0-23-5-14F Project SE 125th ST MAIN EXTENSION Tax Parcel ID#. 102305-9584 C" Grantor(s). JOHN ID. H0ILAND and JAMES M. & DENISE M. HUNSAKER c/o John D. iHoiland I 1411 S. Concord Street # 5 Seattle WAS 98108 4 Granteels); KING COURtTY WATER DISTRICT NO. 90 AGREEMENT EOR EASEMENT THIS INDENTURE, madeAhis J day of &-tSi" Z 00 ,lay and between KING COUNTYI WATER DISTR1^T NO'. 90, a municipal corporation of King County, Washington, hereinafter termed. the "Grantee", and JOHN D. HOILAND and JAMES M. HUNSAKEI� and DENISE' M HUNSAKER, hwinafter termed the "Grantors", WITNESSETH That the said Grangers for ONE IJ4LLAR (01,00) and other valuable consideration, the receipt of which is hereby acknowledged by the Grantees, does by these presents convey, grant and warrant unto the Grantee a permanent easement for water mains and appurtenances under, through, above, and across the fotlowing described property situated in King County. Washington, together with all after acquired title of FN21100100051 01LEW DOC P2ge t of 5 47105/70 11110/2005 17;41 FAX 425 646 8576 TRANSNATION SCURTI UNIT U012 En Cn EASEMENT NO 10-23-5-14R the Grantors therein, and more particularly described as follows The North 10 feet Iof the West 216 94 feet of that portion of the South half of the Northwest quarter of the Southeast quarter of the Southeast Quarter of Section 110, Township 23 North, Rairige 5 East, W M., King County, Washington described as follows. Commencing at the Northeast corner of said South half; Thence North 88020'44" West, along the North line of said South half, 50 feet to the TRUE POINY OF BEGINNING; Thence continuing North BB620'44" West 216,94 feet, Thence South 0'Tsouth '25" West, parallel wrth the East line of said South half, 329 36 feet to th line thereof; Thence South 88120'52" East, along the South line of said South half, 266 94 feet to the Southeast comer,thereof; Thence North OP115'25" East, along the East line of said South half, 313 35 feet to a point 16 fleet Southerly of said Northeast corner; Thence North 88°20'44" West, parallel wM the North line of said South half, 60 feet; Thence North 0°15'25" East, parallel with the East line of said South half, 16 feet to the TRUE OOINT OF BEGINNING. The Grantor warrants that their title is free and clear of all encumbrance& except: OE� (These blanks sh6dd be elittfir flied in and IPWs6d * tea Glamor at Wd out cWVMely i CD If the property of the Grantors at the time of granting this easement is unplatted but is platted prior to the recording, of this document, then the Grantors do hereby authorize the Grantee to add to #itis agreement the designation (volume and page, etc.) of such plat. The Grantor acknowledges that part of the consideration being paid by the Grantee is for any and all darrtalge resulting to or resulting hereafter from the possible interference of the natural flow of surface waters by Grantee's digging of pipe Imes which may disturb the soil composition within said easement The Grantee shall have I he right without prior institution of any suit of proceeding at law, at such time as may be necessary, to enter upon the easement for the purpose of constructing, repairing, altering or reconstructing said water mains, or making any connections herewith, (without incurring any legal obligation or lability therefor, provided. f1211001%DDC8%Ho1LE5MDoc Page 2 of 6 vltosw 11/10/2005 17:42 FAX 425 646 8576 TRANSNATION SCURTI UNIT (T) (2) (3) X41 U013 i 1 I EASEMENT NO 10-23-5-14R The Grantee, Water District No, 90, wItl restore Grantors property to a condition as good as or better than the premises were prior to entry by the Grantee, Water Distkct No 90; The District will exercise its best efforts not to damage any private improvements on the easement iisrein, but if It does so, it shall repair and/or replace said improvements; l ' Restoration, replaCernent, and repair shall be completed wrthln 90 days of the date of any entry by the District and said restoration, replacement, or repair will be of a quality and/or quantity that is comparable or getter than existed priar to the Grantee's, Districjt's, entry upon the easement. The above set forth conditidns shall apply not only to the initial Construction but also to any re-entry by the Water District that becomes necessary for repair and maintenance of We water brie on said easement Any damage and/or removal of ',any ornamental tree, shrub, fence, a► rackety shall be replaced within the aforementioned 90 day period by the District. CC)- The Grantor shall retain the fight to use the surface easement If such use does not interfere with the instaliation,j repairing, altering or reconstructing of the water P main. PROVIDED, the Grantor shall not,erect buildings or structures of a permanent nature on the easement during thej existence of said easemeAt. V%IF The easement, and shall be binding hereto. Ing its ex:lsto the succes$t I , 3, shall be a covenant running with the land , heirs, and asatgns of both of the parties F 12t%1:01 Doc%)HotLESM 1)0C j PBQa 5 at 6 p7los+ao JF FAX TO ANY EMAIL ADDRESS i TransnatFon ®000®D®D®®000®®000000000©DD®®®®0000000. Underline all boxes that contain numbers 1. Enter email address(es) below 2. When hand printing, copy characters EXACTLY as above . 0 3. Fax ONLY to your dedicated MongoFAX number below 0000000❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑❑ 0From: (Identlfles Sender, Enables Repl�es, Provides Confi,malion,'TrarMng Nunber& Arc live Copy to Email) 00000000000000❑❑❑❑❑❑❑❑ 000000000000❑❑❑❑❑❑❑❑❑❑❑❑ 00000000000❑❑❑❑❑❑❑❑❑❑❑❑❑ 0 V12 • Notes: Here are the Shamrock documents you requested. Thanks MongoNet is not responsible for any losses or liabilities arising from the use of this product By using this product, you acknowledge and agree to the Terms of Service posted at www.MongoNetnet. All rights reserved. US. Patent No. 6,424,426 and other patents pending. © 2000.2005 MongoNet, Inc. MongoNet Customer Service: supportOmongonetnet -or- 1 (8G6)482-2229 by enU woM oFax Fax Only to: Your M ng0FAX Number g 11/11/2005 12:59 FAX 425 646 85.76 TRANSNATION SCURTI UNIT Ca 002 EASEMl3N17 For and in mns der+tioo of one Doller lil-OQl aid other valuable c nsidera[i8a, the recut of which 19 Romp ti h's:..isY acltriowledgtid. - X41 - , t 4 C»»lotte K. 8arne'tt Elmer Rogetad, Uu=tOr of the 3state Of Charlotte Ii. ift.rosttr- s vp Deceased Na*r Invastmb°t Group f r,, ("Greater" nereko. hereby grans, aoaveys and warrants to ptlGxT souND POWER & LlCM COMFANY. a vlashilrgWn eorporatiar {..Grantee" herein). lir the purpuses hereinafter set forth, a perpetuO easement over, °D across twd under tt,e fanowlnt; deserlbcd real Property phe . pr°ParA'" herein} la $ oCounty; Washington the N. 1/2 of the N. 1f2 vl the S. 1,13 of Lha H. 1/2 of the Co B. '1/ . of the 3B 1% of sea. l0, Twp. 23 ��, Rings 5 B., Y. IL l the 0 8aet 280 ft. thereof, together with is non — 4G=1=1V$ easement far ingress _Ca.• in ip earrato eetitit o�*Worm to tam intantiora the South 30tt. of "o the parties otilwm this ra1lLt Deed. .a 4 $mxpt as may be otherwise set forth back Grant$e'c rights shall be e"rciaed 'Wm that Portion of the Property (the "1s�� -c~' ham) described as follows` tint -side r#3aa described ss Idlers: t Y �••T_Y••—� The s. 30 feet of the N. 3,,/2 of the N. 1% of: the S. 112 of the N- 1/i 4 the it. 1/2 of the = 1/4 of sac. 10, Trp 23 Mxz-tho RMAP 3$.i W- R- AND Al 0, r ,. The oast 15 feet of the P-1,0ve: described property. FILED FOR RECORD AT REQUEST OF: T REQUIRED POWER 1 % F-\CISE TAX NO REAL ESTATE DIVISION ;_.. King Co. AeCGfds DjVW6n PUGET P01NER OLM BMAIVUTIAViiEONwG i pprpose. Grantee shall trove the right t4 cmmaintain, gate. elatafe, repair, replace and edarlpe me i or morn electric transmisslan and/or distrMtka lines over andlor under the Right -a[ Way together with all snecessary or convenient appurtenances thereto, vrhich mnyinciudewt are not limited to the follawing: j a- Overhead feafties. Pales and/or towars with crossarms, braces, guys mW M09", electric tram=assirm and dlstrmudoe lino; c�mudaz fan sed stzmal lines: transformers, h- tladergroaad facilities. Lloiff9romw cuaddts, cables. vaults. manholes, switches sad trans - AM `f formers: %earl -burled or sranmd owtted faotltles retch as pads. bwwormet5 and switches. 1 Fol uEW the hdoal mmumetlon of its facilities. Grantee may from time to time omsunct such add[ - fl tlmmi. lines tad other facilities as it may zeauirrt. x 2. Aecess. Urmtae tired have the rWa of access to the fright-gI WaY aver ttsd.ac#m thte Property W enable Groatee to eLexrkA its rights toreunder, provided, that Grantee shall compensate 4brW"r for WY damage to the Property caused by the exercise of said Fght or access. 1 9. Cooing sI 'Maes. Grantee shall hour the right tn, alt or trite any and all brush er sees stuxft or growing upon the irisin -ed -Way. and oleo 11MAOtt to cut ar' trim ergs- trees upon the Pi opa ty ii": to falling. caul . is Grantee'a reasonuble judgment. be a hazard to Grantee's fadllties. 4. Graawee use or R4ftL &-Vmy. Grantor reserves tuo right to use the Right-W-Wsy for any Pgrpn" Mt immals:ent with the rlgbttt herein granted, provided, Ihat Grantor sitan not.aoostruct or maintain etas- buddies or other strucutm on rhe Rl8ht-uf-Way and Grantor shall do ao blasting within 300 feet of, Grantees facilities without Grantee's prior written conveat- f 5- lodeamify- 131 ac+�stu ting and recording this eaeent, Grantee agrees to In -it ifY e<Md ens e Grantor from airy and all claims for damages Suffered by any person which tttay be used by Grantee's e=r,,-Lt* of the rights herein granted. provided, that Grantee shall eat be re,panskffie to Grantor, for cep k damages resuiting rrom injuries m any persue caused by seta or oPdx&w&ts or Grantor. 6, AbaodotimmL The rights herein grants shall cmdme until suds time as Grantee ceases to use the Rhbt-d-Way Ior s period of rive (5) successive years, in which erect this eammeat shall tarmlaare sad all rigtes hereunder shall revert to Grantor- provided- that no gbwdutmmU Shall be deemed OD bev romm of Grantee's rwlure to hdtially les= its raeiiities On the Right -of -Why Width my period of time fres the date hereof. 8-823 816668 KJ -44 235140 _ . 11/11/2005 13:00 FAX 425 646 8576 ---TFLANSNATION $CURTI UNIT Z003 7.-%ectsson md A5540,r Tbe rights wb& obilotims of the parties., sWl iAure mthe beftflk of wA be binding upon umdr rewwdve suceesws and"I"'V9 DATIM this clAy of ciRARTOR C5 POR STATE OF WA TON jj ss COUNTY OF NiAg appe"Od. hdore m tad On this day peeigMILAM ss -1W =muted the UhLn wpd fmWft WsLruwclt� and to in& kwou to be the indM&W— described iP RW wt- deed for the BM slgnW tM same as _h!Lgfr4* MW v6bm"" ,,,L and aomwie" that _ he and purpweb,Lk*Mn mentioned GIVEN under.�W_hsjd wd afficlia Deal thLs� day of 19 fMNotary : J PWIC In 111,11iiiiiiiiiii ii!a dee Gis of STATE OF WA3-11NGTON f ss COUFff OF li" rshVmd, Valsou" On 1M. o, ^, before we. the unde 8ppearKDOasld H. ,TaC6ba neral ar Hryi1 PlaxrImmuUmAt Group jLn"Tidua describtidin and who Gx*Mt")4.vqw� knd foregoin tome wawa to be free and V C7 1--c j=trwMt, M4 acknowLwged that he siv*d tiffs GA38 as for tbo use_R65 tbamin muntiowd �,Vaw* wd wkii ,.iA ftla, wellis @IRA lei, Gospow"lear "W LIM -ApAn. w1tDo" my hand NW oMseal al hAffixedAffimthe day first above r eekbw�ll,i'in and fu I "S'l, 'I residing as t RECORDED f.0 RECORDS yh // !r. .... - ..._.._.-._A FHs ftj,j MIM IM6._ %---�a�t�+ ------------- ji/t'7� "�'�,":,...✓' --- - i Maes ._...�._.T-......_./1ck "'..� �. • r � lom rt -..--------- ---- - -- _ �-.. { .mss . Wiz. _.,r....-•--1 "--- 4 s` e3 ` of .tte ecst 1azt.or, tho aIOka 7724-410 Preft to !cea fa 0 Q@ Owneei Mitioail Title Wwance C*Mpaar ,l at 12e•que -st f 3L7 4,:-jaranty NationaIliar k_-_ 1pring Glen Office ----1 4415 108th S.E.. — -- '!( c:;r FioNi L'., r , `'H0 DEPU,r 98104 Statutory Warranty Deed foals L" THEt:RANTO RS, THEODORE MUTSCHLER, JR. i MARGARET J. MUTSCHUR, his wile iorandinu,nsidcratiunu[ Ten Dollars and other valuable consideration in htad peid, conveys and warrents to DANA L. ROTH and CLCIELIA E. ROTH, his Mit• the lollowintt dcscrAml real estate, situated in the County of Kos; , Stets o: wa wrwon: That portion of the south half of the northwest quarter of the south- east quarter of the southeast quartar of section 10, township 23 north, Range 5 East. Y.M., in King County, Washington, described as followa: Commencing at the northeast corner of said south half: thence north 88`20'44" west along the north line of said south half 50 feet to the true point of beginning; thence continuing north 88020`44" vast 216.94 feet; thence south 0015'25" vest, parallel with the east line of said south half. 329.36 feet to the south line thereof; thence south 88 20'52" east along the south line of said south half 266.94 feet to the southeast cornet thereof; thence north 0°15'25" east along the east line of said south half 312.35 feet to a point 16 feet southerly of said northeast. 4;v4ucj, LLenca uuCLL 88'2V,A" vast r­- ilel to the north line of said south half 50 feet; thence north 0015'25" east parallel to the east line of said south half 16 feat �a the true point of beginning. And together with an easement for ingress, tgrass and utilities over and across the north 16 feat of the east 5u feat of said south half and the south half of the northeast quarter of the southeast quarter of the jouthesst quarter. �r Subject to an easement for ingress, s:ref le is utilites over the following described property. the nortil'3Q feet of south half of the northwest quarter of southeast quartet at southeast quarter of section 10 township 23 north, range 5 east, W.M:.itt.King County, WashLeStroo. Dated this / ! T day ar Asl W* 19TA Jr. and Mat:gorist J. s end.: ' fou saved.. sad #ct and dna, for the ail t. �.el WsfA�iapstu. j Filed for Record at Renu. s: of :,,'A',V wF 1,1 ,'jL 11: , .14 Ot. ()k4:,FH S Thomas Escrow Company NAME — --- 1304 North 175th Suite 115 ADDRESS-----... Seattle, Washington 98133 CITY AND STATE ',,/,7NC4846ff pd/C%1cago787009 v TP Ea I.— STATUTORY N-) WARRANTY DEED OL ftmnww un THE GRANTOR CAMM a" CLM INC., a Vashingtoo. corpmorat�l� I for am in consideration of TIX AND MO/loo ­­- ($10,00) DOLLS AND WM AND VALUABLE OTHER NJ co CONSIDMIIATION in haxd paid, corwro vid warrants to VUMIN D. =7M and. TEMM J MUTW. husband and wife the folkwing dawked real estate, skustad in the County Of State of Washington. AS M ATTACHED AND MM A PART HMXMi SMICT TO; easements, restrictims, reservatima and covenants of record and that certain Real Estate Contract in favor of David and Grace Thosipson dated Aupst 30, 1977 end recorded September 15, 1977 =4ov Auditor's Vile No. 7709130142 which grantees hereto agree to assm& gad continue to pay according to the tat= therein. 10 0 On" July 28 1978 Caaretto and Cleric. (Individual) By STATE OF WASHINGTON. STATE OF WASHINGTON ss count Of SL I.— STATUTORY N-) WARRANTY DEED OL ftmnww un THE GRANTOR CAMM a" CLM INC., a Vashingtoo. corpmorat�l� I for am in consideration of TIX AND MO/loo ­­- ($10,00) DOLLS AND WM AND VALUABLE OTHER NJ co CONSIDMIIATION in haxd paid, corwro vid warrants to VUMIN D. =7M and. TEMM J MUTW. husband and wife the folkwing dawked real estate, skustad in the County Of State of Washington. AS M ATTACHED AND MM A PART HMXMi SMICT TO; easements, restrictims, reservatima and covenants of record and that certain Real Estate Contract in favor of David and Grace Thosipson dated Aupst 30, 1977 end recorded September 15, 1977 =4ov Auditor's Vile No. 7709130142 which grantees hereto agree to assm& gad continue to pay according to the tat= therein. 10 0 On" July 28 1978 Caaretto and Cleric. (Individual) By STATE OF WASHINGTON. STATE OF WASHINGTON ss count Of SL COUN" OF. On this day persa"Iv appeared before me On 28th day of JU'y Is WMrM, the undwsirw4 a NwV Public in and for the Stoats of Washin #140C niWorWd and sworn. MEL r. HEIDE to !m. known to kw ft 60"W deseribad in and who personAly vmmd - oxooubrd to oftla v4 f*rsg*q kwbumwst, and m*no#A- MARLME MUM sigh the sense as !o n4 knom to be the President fm.sad voluntsrif M srW 0lledw for the uses and purposes Skrat", respeciively, of "'REM C=, 'INCi tfiereHt lrNntlonctl: 4. a Ye theoorparetlan thatwxoNtSd gjj jor000tng Insvurywt. and GIVEN.0 . rder my hV4 and so Olt I ge and volurb- acknowl dw said irtl0townt 10 be thf Irse of try wt and dead of said Corr-W&tk*% for ft um and Put, 77 poses therein ~tionad, And 00.081h stated that they were scree ;nstrurr.,rd vW that tht seal affixed k wall Public in grid nd for tM Static of Washington, residing ...... said corporation. L Witness my head and offiaiWWO hemo the day and vM first aboYR write 1A 'Notary ftblic In and for ft State 'residing _ X:ING S'1'.1'r7_ OE' ;:T iiE`,L :'J�, ..:d .=5 'J:'. -:;:, '7 AS F07,LOWS. P.V.'C F L 1 11ht• northeasterly 30.00 feet of the southwesterly 163.00 feet of Lot 24, HiQck 15, Alderwood Manor #14, according'to the plat t;ic_rcof recorded in Volume 26 of Plats, gaga 4, in King County, :v_shington. Also known as Parcel 1 of Short Plat Number 1176040 f{.led under. KTrS County Recording number 7701140550. PAPCEL 2 Lc.-. 24, Block 15,-Al.derwood Manor #14, according to the plat thereof r-- recorded in VoA'+.me 26 of Plats, page 4, in King County, Washington; fV EXCEPT the southwesterly 163 faet7 and QE:.,EPT the northeasterly 179.3.7 feet thereof. so -h parcels are TOGrTHER WITH x..~-: following described easement: 0 Ars easearent over that portion of .-ots 23 and 24, said addition de_- . -� as cribed ��';.,fol�ows s N Ber:ifiah4 .'a the most westerly 'cc.'ne�r of said Lot 23, on the north- easterly:margim'-of Bgthe�, Way .Northeast; then_-e.Ao�th 6Q!2l'50." w►es# along said margin and the southwesterly lisle bf sa�.d 7,01:24 a distance of 50 feet to the beginning of a tangent curve to the left,Concave to the northwest having a radius of 30,feett thence easterly and northerly along said curve through a central angle of 90" a distance of 47.12 feet to the nortb,:esterly line of the southeasterly 20 feet of said Lct 24; thence north 29938110".east Along said northwesterly line 320.64 �- feet to the beginning of a curve to the right, with a radius of 30 feet; whose center bears north 37017154" east; thence.alohg said curve through a central angle of 277'03'25" a distance of 145.05 feet;` thence'south 29038110" west 12.64 feet: thence north 60021150' west 8 feet to the southeasterly ling of the northwesterly 12 feet of said Lot 23; thence south 29038110" west along said southeasterly line 158.00 feet; thence 'scuth 60021150" east 8 feet; thence -,south 29°38'10' gest 15.00 feet; thence.nnorth 60°21'50" treat 8 feet to said southeasterly line of the 12 feet of Lot 23; thence south 29038'10" west along said southeasterly line 135 fact to the beginning of a tangent curve to the left radius is 30 feet; thence southerly along said curve concave to the east through a cen- trrl angle of 90* a distance,of 41.12 feet to said northeasterly margin.of Bothell. Way Northeast; thence north 60°21'50' west along said margin and the southwe ster'_y line of.said Lot 23 a distance of 42 feet to the true point of beginning. IMESK AGUINU t N q i W FW , bot , with, ww, thwefOTO, " &go for the mto&I benefit WLIGM Smopectip and are OUDed v md owe In favor of the properties Et the pKapaggs of japess, egress with the land. rgj'thjg ti" to put the present Mt of said road* shall be 4. ALL tau*,, ILWWUity insuram* ftd other chargess if says Oe tlais< pereftally appeared before no Thoodeco I.- V-bt8"u,, his wLfos to me know to be ..tli 09-etl3ted the within *nd f-_rr.=l= c- tw_ 'k-) ti ext they sued the some as the uy:`Iimnd and of ficlat seal this EEWY- r;-- IM, Y I f t I q<W CX_ Ak *At'114710 via& - I ugg U;L1 30 ft kaw War SMIW& bLaWT a f . or r5m loidow 41041.rlm'.. UAW. 'r*14 ajod MIAW—iik *Arg wo vu left 'Pip ey tw ow or 3n E4 Sai of a* ot Saof , 10 T 5 23 ur ow less :30 ft ina. side for Coo r2at =4 k4ft, 16 ft' onp. N old* for rmd*V, alit 1.1 kow: MOUR 'Am I&W ut tact ma it MAT i. ':111;1i1i1i=ft "gas, at- ft 8, aftlkmo iratt n - b 4: • **�r ba the Me IN Irew W#lS4* ass 31 at @r 10' TV a, A1.F S 30 Af 5 W roadway INma'A"• 6 PL: U I top or U401 it 4,1 4m ftw 1-10"abl*opm (m1 STCO left -ft 0.48Ha Halmadoo Mm W ap for or res at Um no 4o 96-39 '41 0 SASEKENr AGREEMM M THIS AG3lSENIMT, made this 2p day of %z 1961, 3s between THEODM MMSCMM and-, XARCASET .TUNS !QJ'iSCHL$R his wife, hereinafter called the '?tutschlersn, and WILLIAM , DONALD WILSON and BVM iR"CES WILSON, big Wife, hereinafter called the. "lJillona n. _. RECITALS; WRERKU the Mutschlers are the oMers of the following described real property situated in King County, Washington_ The south one-half of the northwest quarter of the south- east quarter of the southeast quarter of Secti 23 North, Range 5 S.W.K. in King County, Wason 10hington, except the north 15 feet of the east 50 feet thereof for ingress, egress and road purposes (said easement being used by them and by the Wilsons for ingress, egress and resd purposes to the property of each); together with an easement over the north 16 feet of the south one-half of the northeast quarter of the southeast quarter of the southeast quarter of said Section 10 (said easement being used by them and by the Wilsons for ingress, egress and road pi....as$ to the property of each ); and WHEREAS the Wilsons are purchasing the folloving described real property situated in King County, Washington, from G. H. Otto and Laincha H. Otto, his wife, under a real estate contract recorded with the [ting County Auditor under File No. 5219488: The north one-half of the northwest quarter of the south- east quarter of the southeast quarter of said Section 10; together with an easement over the north 16 feet of the east 50 feet of the mouth one-half of the northwest quarter of the southeast luarter of the southeast quarter of said Section 10 (said easement being used by them and bythe Mutschlers for ingress, egress and road purposes to the property of each; and together with an easement over the north 16 feet of the south one-half of the northeast quarter of the southeast quarter of the southeast quarter of said Section 10 (said egressnandercniadu•ed by there and by the Mutschlers = ingress, pur poses to the property of each); and WHERLU some of the conveyances in connection with said properties and other properties have not clearly defined that such easements are for the properties otthe Mutacblers and of the Wilsons; and .WHEREAS the parties mw Want to establish of record their ownership of said easewwts and the status of each and the relation- ship oetween them in connection therewith, now, therefore, IT IS DECLARED AUD AGREED: 1. The easements described above are for the mutual benefit of the Mutschler property and of the Wilson property and are owned by the Mutschlers and the Wilsons and are in favor of the properties of each, share and share alike, for the purposes of ingress, egress and roads. Said easements stall run with the land. 2. The Mutschlers agree at this time to put the present roads on the easements in good serviceable condition. Thereafter all repairs, maintena:.ce Aad improvement of Said roads shall be shared equally by the parties to the and that said roads are main- tained in good serviceable condition for the mutual benefit of the parties; provided, however, that no cost for maintenance, improve- ments or repairs shall be incurred by either party without the con- sent of the other party thereto which consent shall not be withheld unreasonably. 3. The tssement road shall be kept open for use and no vehicles or other objects or things shall be parked or lodatd thereon except for temporary purposes in connection with the reason- able use thereof by the parties for road purposes and with due con- sideration to the ritthts and needs of the other. Each party agrees to use the road prudently to avoid unnecessary wear, tear and damage to it and to its surface_ ;..� -2- X4152 4. All taxes, liability insurance -d other charges, if any, properly related to said easements and the roads thereon, shall be borne and paid by Lhe parties equally. 5. These covenants and agreements run with the land and shall be binding upon the panties, their hairs, successors and assigns. DATED and SIG NID as of the day and year first ��written above. Theodore MUtschler 0 STATE OF WASHINGTON ) ( ps COUNTY OF K I K G ) ances Wilson On this day personally appeared before me Theodorej: tscbler and Margaret June Hutacher, his wife, to we known to be th..t- �ividuals described in and who executed the within and foregoing: t.and acknowledged to me that they signed the Fame as their 6., ;Sroluntary act and deed for th;t F poses therein mentioned, Given under my hand and official seal this S p. 1961. Notary Public in and for the State of Washington, residing at STATE CF WASHINGTON ) ) as COUNTY OF K I N G) on this day personally appeared before me Williams Donald Wilson and Be*ty Frances Wilson, his wife, to me known to be the individuals described in and who executed the whin and foregcf.ng instrument and acknowledged to me that they signed the same as ....eir free and voluntary act and deed for the purposes therein mwncioned. Given under my hand and official seal this ," %'day of 1961. ary Public in and for the State % AMf Washington, residing at Seal �lce MAYIz� . We, G. H. O1TO *ad IAIHCHA H. OTTO, his `rife, being the sellers under the real estate contract doscribe.l in the foregoing Easemeat Agreement, hereby approve of the foregoing Easeeeat Agreseient, and agree to the terms thereof for and on behalf of ourselves and of the land being sold. DATED this .23 day of !larch, 1961. G. H. Otto Laincha H. Otto STATE OF WASHINGTON ) ) ss COUNTY OZ- K , N G ) On this day personally appeared before me G. H. Otto and Laincha H. Otto, his wife, to me known to be the indivi- duals described in and who executed the within and foregoing instrument and acknowledged to me that they signed the same as their free and voluntary act and deed for the purposes the_ein mentioned. Giveo under my hand and official seal this �2 3 `f� day o f A dam. k 191: Notary Public in and for the State r,- of Washington, residing at Seattle �Q V4 W4 go 01 awA 4r.MWIY PALA11CHUK and WATALTA PALARCHUK Asfw 12205 - 148TH AVEffUE SE Cris kvv REM11, VA 98059 934519LC Reference/ (If applicable): Grantor(s):(1) KEM JOSEPH R, (2) KRRL LEM 10, Grantee(s),O) PALANCHVK GM (2) PALARCHUK NAT Addit. Grantors) on YR. Addit. Grantee(s) on pR. Legal Descriptioa(abbr.): Addit. legal(s) on PA. Assessor's Tax Parcel IDS Acet +102365-9630-01 STATUTORY WARRANTY DEED T11E GRAETOR JOE H. XML, and LEZHi 8. EEBL 7EDBTEE9 OP E f H �AlQLI EST= 20M for and ill consideration of AND 20/100 DMLA a AMD D!ltE I VAI Mich CO■SEMATIM in hand ppaid conveys and warrants to Gmwzir PALM[211Rt am H#TALT1 PAfaRL'HBI d AM 91n, the following described real estate, situated in the L'ounty of KIM. State of llashi"ton: TEE mm HALF OF THE Mm MY or Ta WM QUilm of TM DST IAlml'!E ORRIZ.sin Km Ca orifi s "CuTO�P 23 MM BAMB m FOOT 172 FEET TR k'; 1C>1;EpT I= SOM HO nff a TRE EAST "CEP! um 174 PEST TKCMt i ARD Emm ROAM. SUBJECT TO: COIRHTIOIIS HET FORTH OR E1®18IT "A" ATWM S MADE A PART lamp. Dat : Autust 10. 1998 AEJ 9 Trate nd" Fam mag PW.12" TRAPMATWN T F]U 1NUMANM COMPANY I S Hiigi7>ZO C1Hli9/9� 2"2.00 185000.00 c Q 2e m v4 m c� O CALIFOPAIA A1.R.ry RMSX ACK I60"'LEDGLOAT Sd1aa1 .� aaaxra � a10 ,'' aatoaa rnr, - powmw appww / 11 D paraaaArlapwa mma- ow - m am en ft baaisal aWHadM arlearga m ba rr prate + +rhe arAaowe m be adein irrawrrr r+e adonowlaeyw m as IIrYJraArpafMiar rxw,u.c tlra 1an'm In >ipaalrrra,{a onina c@pwd4*swda aNWa �ty PAi1L TSANG ' !Lbr ft -&W W„ aanar of m. vahlh +: {� coNFA. V167626 rar mawnrr - �,1NDT/AYPUBLiC-CALIofttilA �y SAN UAnO COL fY %ATNESS mr Ia w ane a® : COMM. EXP. JAN. 30,2002" �P/tOAU1L ri►vy�ara■rgr,aU.rbw.aaot rglnr � rM6 �++�' 0br �rwr raraar nprYr/r�/a4oaDwwti � mrpauvw' rrdrww �rwr.� r..a�dr�a.. arra 1►wrwarrrraaa.r DevoipOM of AttaJ" OWUA*nt TAS d Tna a 3wowlt Doanmrn We -_ Nunba a Payas: S*wih 0VWT?w Nand Arora: CDRC%tjr(iU) CWffioe by Signor(s) slprr'a Narna. Slynara ate: G- km*Vk ual O irovid,rai e ompmW Oww O caporam often TA*): rims); C Paton—❑IIrNYd ❑GarrarW G P~--0uriae aGomw G Ap -bl-fad O AtWrrpirF&d a. Tnrma G TrwNe G Gwardan or CcnwvowO GuardleR or Cormwim lrr: C 0bp& . h r 0 OYmr Rrtlr,w rr. Sigrw ft Aep ewr&v: Sipes Is RgWN&ainp;1 IQ ; P ; p ; - /M+rrr Orrc.%0ftlaaw4pr V �:. 25 cl 14 ca EXHIM "A" ZMEW ' AW 'I= Tam AMG CORDITIMS THSMSOI►: PURP M: RL =wc T M8!'IISSICK I - ARBA AFPRCMt NOT DISCLOM RSC=ItD: AMUMT 3, 1904 RYCORDIM NUMMI 3055q ORDn A n K"V 4612 OF TIM CITY OF WrMg, Mj• nTADWSOnD A PROPOSRM JLW DISTRICP SA DOW='AND SSRYICI Ili A PORTION OR THS SO= HIOffi.AM ' 86 )ULPL$t90W SOS'SMM AMD ESTAI tMIMi TM X?40U T OF 788 CHAR= UPON CGUMWTIOM TO Ta nelLM'I88 AS RRLORDSD JA1R 31, 1996 UNPK! RSCORDMG MASS 96062149664 TO THS I== OI NHICH RE1=RMWZ IS � I MADS Tom. r= FAILTICOLARJI. En OF E7CHISIT "A" WHEN RECORDED MAIL TO Joseph P McCarthy Kantor Taylor McCarthy & Britzmann, P C 1501 4th Avenue, Suite 1610 Seattle, WA 98101-1662 E1846037 q6%!si PAGE 001 OF 003 STATUTORY WARRANTY DEED lFarcels A & B) 31a0- 411 3��o ,4k � � : Grantor: J P Hun L L C, a Washington hmitd hability compare Grantee: Shamrock Highlands, LLC, a Washington limited liability company r Legal Description: Ptn SE1/4 of SE1/4 Section 10, T23N, R5E, King County (Fill Description on Schedule A) a oz Tax Account Now 102305-9304, 102305-9040 a �- J P Hun L L C , a Washington limited liability company, for and in consideration of ten dollars and other good and valuable consideration in hand paid, hereby conveys and Cz warrants to Shamrock Highlands, LLC, a Washington limited liability company, the real property described on Schedule A attached hereto and incorporated herein by reference, situated in King County, Washington DATED the day of October, 2001 J P Hun L L C, a Washington limited liability company ABy FILED FOR RECORD AT THE REUUEST OF Name ,fie a 6- Ho,u . TRANSNATION TITLE INSURANCE CO Its Page 1 of 5 Cin r► r► e� Statutory Warranty Deed (continued) STATE OF WASHINGTON ) )Ss COUNTY OF K]NG ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of J P Hun L L C , a Washington limited liability company, to be the free and voluntary act and deed of such corporation for the uses and purposes mentioned in the mstrument DATED this — day of Q .2001 A OT4gr m; (Pant Name) u + Residing at My appointnnent expires Page 2 of 5 C= r -- Statutory Warranty Deed (continued) STATUTORY WAPJLU 1'Y DEED SCHEDULE A PARCEL A: THE EAST % OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/ 4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF, AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E 128 im STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS 5755891 AND 5755892, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST % OF THE SOUTHWEST 1/ 4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST WM, EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO ICING COUNTY FOR S E 128 rK STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO 5755891, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON SVWEC:T TO: 12 Notice of tap or connection charges which have been or an11 be due m connection with development or re -development of the land as disclosed by recorded instrument Inquiries regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY CITY OF RENTON RECORDED JUNE 21, 1996 RECORDING NO 9606210966 (Covers Parcels A & B) 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WID'T'H AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305589 (Covers Parcels A & B) 14 EASEMENT AND THE TERMS AND CONDITIONS THEREOF PURPOSE POWER AND LIGHT POLES AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 2794410 (Covers Parcels A & B) Page 3 of 5 Statutory Warranty Deed (continued) 15 Right to make necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording Nos 5755891 and 5755892 (Covers Parcels A &; B) 16 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE KING COUNTY, A MUNICIPAL CORPORATION PURPOSE UT1UTIES AREA AFFECTED SOUTHERLY PORTION OF PARCELS A AND B AS DESCRIBED THEREIN RECORDING NO 5767638 19 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE KING COUNTY PURPOSE UTILITIES AND DRAINAGE FACILITY AREA AFFECTED SOUTH 5 FEET OF THE WEST 40 FEET RECORDING NO 8711300920 The Grantee's interest is now held by City of Renton under instruments recorded under King County Recording Nos 20010116000508 and 20010426000238 (Covers Parcel B) 20 EASEMENT AND THE TERMS AND CONDITIONS THEREOF e>* GRANTEE KING COUNTY ni PURPOSE UTILITIES AND DRAINAGE FACILITY AREA AFFECTED SOUTH 5 FEET o RECORDING NO 8711300921 tsx The Grantee's interest is now held by City of Renton under instruments recorded under King County Recording Nos 20010116000506 and 20010426000236 e (Covers Parcels A & 8) 21 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE KING COUNTY � PURPOSE UTILITIES AND DRAINAGE FACILITY AREA AFFECTED EAST 65 FEET OF THE SOUTH 200 FEET RECORDING NO 8711340922 The Grantee's interest is now field by City of Renton under instruments recorded under King County Recording Nos 20010116000547 and 20010426000237 (Covers Parcels A & B) 22 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AIrFECTED SOUTH 10 FEET RECORDING NO 8807220452 Said instrument is a re-record of instrument recorded under King County Recording No 8805310868 (Covers Parcel B) 23 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE ONE OR MORE ELECTRIC TRANSMISSION Page 4 of 5 0 c= cm Statutory Warranty Deed (continued) AND/OR DISi'RIBUTION LINES AREA AFFECTED SOUTH 10 FEET RECORDING NO 8807220453 Said instrument is a re-record of instrument recorded under IGng County Recording No 8805310869 (Covers Parcel A) 31 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED APRIL 20, 2000 RECORDING NO 20000420000998 REGARDING LATECOMERS AGREEMENT (Covers Parcels A & B) 38 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF BENEFICIARY BALES LIMITED PARTNERSHIP ORIGINAL AMOUNT $400,000 00 DATED APRIL 16, 2001 RECORDED APRIL 20, 2001 RECORDING NO 20010420000751 (Covers Parcels A 8a 5) 39 ANY ENCROACHMENTS BY FENCES (Covers Parcels A & B) Page 5 of 5 WHEN RECORDED MAIL TO Joseph P McCarthy Kantor Taylor McCarthy & Britzniann, P C 1501 4th Avenue, Suite 1610 Seattle, WA 98101-1662 E1846037 8 ill 7�0$ r-- PW4 Sol OF 003 Grantee: 1 Shamrock Highlands, LLC, a Washington lirrnated liability company Legal Descriptions Ptn E 1/ 2 of S E 1/4 Section 10, TT23N, R5E, King County (Full Description on Schedule A) Tax Account Now 102305-9319 FILED FOR RECORD Al 1 HE REQUEST OF TRANSNATION TITLE INSURANCE CO Patrick Hunsaker and Ann Mane Hunsaker, husband and wife, James Hunsaker and Denise Hunsaker, husband and wife, John Hunsaker and Jean Hunsaker, husband and wife, Timothy Hunsaker and Bonnie Hunsaker, husband and wife, Brian Morrison and Cora Morrison, husband and wife, John Hoiland and Barbara Holland, husband and wife, and Kenneth Troseth and Sharon Troseth, husband and wife, for and in consideration of ten dollars and other good and valuable consideration in hand paid, hereby convey and warrant* to Shamrock Highlands, LLC, a Washington limited liability company, the real property described on Schedule A attached hereto and incorporated herein by reference, situated in King County, Washington *ail of grantors right title and interest DATED the day of October, 2001 Ann Mane Huns er Denise Hunsake Page 1 of 11 STATUTORY WARRANTY DEED (Parcel C� 31�:33 `'s71OS4R Granton: a 1 Patrick Hunsaker and Ann Mane Hunsaker 2 James Hunsaker and Denise Hunsaker 3 John Hunsaker and Jean Hunsaker 4 Timothy Hunsaker and Bonme Hunsaker 5 Brian Morrison and Cora Morrison 6 John Hoiland and Barbara Hoiland 7 Kenneth Troseth and Sharon Troseth ca en r-- PW4 Sol OF 003 Grantee: 1 Shamrock Highlands, LLC, a Washington lirrnated liability company Legal Descriptions Ptn E 1/ 2 of S E 1/4 Section 10, TT23N, R5E, King County (Full Description on Schedule A) Tax Account Now 102305-9319 FILED FOR RECORD Al 1 HE REQUEST OF TRANSNATION TITLE INSURANCE CO Patrick Hunsaker and Ann Mane Hunsaker, husband and wife, James Hunsaker and Denise Hunsaker, husband and wife, John Hunsaker and Jean Hunsaker, husband and wife, Timothy Hunsaker and Bonnie Hunsaker, husband and wife, Brian Morrison and Cora Morrison, husband and wife, John Hoiland and Barbara Holland, husband and wife, and Kenneth Troseth and Sharon Troseth, husband and wife, for and in consideration of ten dollars and other good and valuable consideration in hand paid, hereby convey and warrant* to Shamrock Highlands, LLC, a Washington limited liability company, the real property described on Schedule A attached hereto and incorporated herein by reference, situated in King County, Washington *ail of grantors right title and interest DATED the day of October, 2001 Ann Mane Huns er Denise Hunsake Page 1 of 11 Statutory Warranty Deed (continued) Ll� John Huneaker Timothy Hun r T�rran 1U�nrritnn Al. No7m Jean. Hun alter 'BaIL"'.j &Mkq=�, Bonnie Hunsaker Gory Momson „ 14 /1 Bar-YaHolland ci M rill C-1 � rlrr Page 2 of 11 0 0 Statutory Warranty Deed (continued) STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Patrick Hunsaker signed this instrument and acknowledged A to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of QLQ2001 STATE OF WASHINGTON ) )Sq COUNTY OF KING ) (grin Name) Residing at "T My appointment expires I hereby certify that I know or have satisfactory evidence that Ann Marie Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this mstrument DATED this ± day of dGZalbr� . 2001 (::::),LA. &gA, (Print ame) U t Residmg at T My appointment expires 1 b Page 3 of 11 CDP 0 Statutory Warrarity Deed (continued) STATE OF WASHINGTON ) ) ss COUNTY OF KINQ ) I hereby certify that 1 know or have satisfactory evidence that James Hunsaker signed this instrument and acknowledged it to be his free and 'voluntary act for the uses and purposes mentioned in this instrument DATED this � day of OCM� , 2001 STATE OF WASHINGTON ) COUNTY OF KING ) (Print Nhmej Residing at My appointment expires I hereby certify that I know or have satisfactory evidence that Denise Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of D=60L , 2001 A ��Qaui► "�£Nr i i�oTA# r w C)"L, rt &-A- - (Print acne) U Residing at r My appointment expires D Page 4 of 11 Statutory Warranty Deed (continued) v rn � STATE OF WASHINGTON } C.;• ) ss c� COUNTY OF KING j c� I hereby certify that I know or have satisfactory evidence that John Hunsaker signed this v instrument and acknowledged it to be his free and voluntary act for the uses and purposes r mentioned in this instrument -70 Q DATED this - day of - , 2001 N STATE OF WASHINGTON j ss COUNTY OF KING ) A , &,�EA (Print acne) L Residing at My appointment expires i a 1 hereby certify that I know or have satisfactory evidence that Jean Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this 6 day of 0=66 , 2001 (Print ame) 0 I E Residing at My appointment expires b Page 5 of 11 Statutory Warranty Deed (continued) STATE OF WASHINGTON } } ss COUNTY OF KING } I hereby certify that i know or have satisfactory evidence that Timothy Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this FA day of OZ96454 2001 'E A. Hlilri�, . y So STATE OF WASHINGTON } } ss COUNTY OF KING ) (7)3,0, A k�L (Print N e) u [ € Residing at My appointment expires I hereby certify that 1 know or have satisfactory evidence that Bonnie Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of , 2001 (Print Nime) aW Residing at T My appointment expires Page 6 of 11 CM c� statutory Warranty Deed (continued) STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Brian Morrison signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this � day of , 2001 STAVE OF WASHINGTON ) ss COUNTY OF KING ) (Pant Name) LA Residing at My appointment expires I hereby certify that I know or have satisfactory evidence that Cora Morrison signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned m this instrument ad DATED this ] � day of 2001 *OrA j .t (:�)11 a (Print ame)L Residing at V4-37 My appointment expires _ 1 Page 7 of 11 ca 0 Statutory Warranty Deed (continued) S'T'ATE OF WASHINGTON ) ss COUNTY OF KING j I hereby certify that I know or have satisfactory evidence that John Holland signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this � day of 2001 STATE OF WASHINGTON ) j ss COUNTY OF KING ) Residing at My appointment expires I hereby certify that I know or have satisfactory evidence that Barbara Hovland signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this �� day of Mm&l , 2001 Residing at My appointment expires Page 8 of 11 O Statutory Warranty Deed (continued) STATE OF WASHINGTON ) as COUNTY OF KING 1 I hereby certify that I know or have aattsfactory evidence that Kenneth Troseth signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned m this instrument DATED this ,?� day of , 2001 STATE OF WASHINGTON ) ss COUNTY OF KING ) (Print Name) u c� Resmdmg at My appomtrnent expires I hereby certify that I know or have satisfactory evidence that Sharon Troseth signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of OL , 2001 C�JLL Pt (Print Rame) u Residuig at My appointment expires Page 9 of 11 Statutory Warranty Deed (continued) STATUTORY WARRANTY DEED SCHEDULE A PARCEL C: THE NORTH 'A OF THE NORTH 'A OF THE SOUTH 'A OF THE NORTH 'A OF THE EAST 'A OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NOR'T'H, RANGE 5 EAST W M, EXCEPT THE EAST 280 FEET THEREOF, r� TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID rn EAST 280 FEET, C14 SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON cv c� o BUBJE)CT TO: prs ca 12 Notice of tap or connection charges which have been or will be due m connection with cx development or re -development of the Land as disclosed by recorded nnstrument Inquiries t- regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY CITY OF RENTON o RECORDED JUNE 21, 1996 C+ RECORDING NO 9606210966 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305589 18 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE ONE OR MORE ELECTRIC 'TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED SOUTH 30 FEET RECORDING NO 7808080327 (Covers Parcel C) 28 Declaration of Covenant imposed by instrument recorded on December 29, 1992, under Recordmg No 9212291639 (Covers Parcel C) Page 10 of 11 Statutory Warranty Deed (continued) 36 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF BENEFICIARY CHARLES AND NORMA HURLOCKER ORIGINAL AMOUNT $355,000 00 DA'Z'ED DECEMBER 28, 2000 RECORDED JANUARY 9, 2001 RECORDING NO 20010109000191 ASSIGNMENT OF THE DEED OF TRUST ASSIGNEE APRIL SHOWERS FAMILY LIMITED PARTNERSHIP RECORDED JANUARY 11, 2001 RECORDING NO 2001 01 1 1000053 (Covera Parcel C) 39 ANY ENCROACHMENTS I3Y FENCES LM � Lease by and between Grantor and Charles and Norma Hurincker, dated November 20, 2000 ca Cn t� a cD xv Page 11 of 11 WHEN RECORDED MAIL TO Joseph P McCarthy Kantor Taylor McCarthy & Bntzmann, P.C. 1501 4th Avenge, Suite 1610 Seattle, WA 98101-1662 E1846040 10 /Z� tb: K=tae i Mr. Got OF age STATUTORY WARRANTY DEED �^ 1X6 (Parcel D) 10//00 �+ Grantor: � 1 Jim Hunsaker and Denise Hunsaker e' 2 Tim Hunsaker and Bonnie Hunsaker c 3 John Hunsaker and Norma Jean Hunsaker 4 Pat Hunsaker and Ann Marie Hunsaker 5 Brian Morrison and Cora Morrison 6. Ken Troseth and Sharon Troseth c� 7, John D Hovland and Barbara Hozland Grantee: ] Shamrock Highlands, LLC, a Washington limited liability company ,C= • �` Legal Description: Ptn E 1/2 of S E 1/4 Section 10, T23N, R5E, King County (Pull Desersption on Schedule A) Tax Account Hoa: 102305-9022-01 Jin Hunsaker and Denise Hunsaker, husband and wife, Tun Hunsaker and Bonnie Hunsaker, husband and wife, John Hunsaker and Norma Jean Hunsaker, husband and wife, Pat Hunsaker and Ann Mere Hunsaker, husand and wife, Briars Morrison and Cora Morrison, husband and wife, Ken Troseth and Sharon 'Troseth, husband and wife, and John D Holland and Barbara Holland, husband and wife, as part of an Internal Revenue Code Section 1431 tax-free e=hange, hereby coney and warrant to Shamrock Highlands, LLC, a Washington luntted habtltty company, the real property described on Schedule A attached hereto and incorporated herein by reference, situated m Kung County, Washington DATED the day of toter, 2001 FILED FOR RECORD AT THE REQUEST OF �-WNSNATRN mix 1Ng112AM1*-nn Jim Hu aker Denise Hunsak6r t1u2= Bonnte Hunsaker Page 1 of 10 C2 0 rl- Statutory Warranty Deed (continued) John Hunsaker Pat Hunsaker x L. - Pik , I s ps MR Cora Morrison Page 2 of 10 tv do C%4 a 0 C" 0 O Statutory Warranty Deed (continued) STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that .fin Hunsaker swxed this instrument and acknowledged it to be hm free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of 2001 STATE OF WASHINGTON ) COUNTY OF KING ) C),LA-- (Print ame) u tW-C Residing at My appomtment expires O I hereby certify that I know or have satisfactory evidence that Denise Hunsaker signed th's instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this — — day of 9 fL'2001 (Print Ndme) Lt Residing at My appointment expires Page 3 of 10 tV Cn CNI Cn CD V 0 c.� cv Statutory Warranty Deed (continued) STATE OF WASHINGTON ) COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Tun Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. DATED this.:-'~ day of ---, 2001 rrr1►►►1LIf1l1/I �J 11b ��il• LiC : -� Ki��A STATE OF WASHINGTON ) } ss COUNTY OF KING} } Residing at ._ My appointment expires I hereby certify that I know or have satisfactory evidence that Bonnie Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this `�',�j day of , 2041 �r►r►titituri��� q.9����,,, !it Residing at — My appointment expires Page 4 of 10 t�4 oa cri cv e� c carp Q r statutory warranty Deed (continued) STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that John Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of , 2001 STATE OF WASHINGTON j ss COUNTY OF KING ) (Frsnt(Name) Residing at My appointment expires I hereby certify that I know or have satisfactory evidence that Norma Jean Hunsaker signed thus instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of 92�--L '2001 (Frust ) U4b- Residing ati My appointment expires page 5 of 10 CV C'F! CV (= Cn 4 Statutory Warranty Deed (continued) STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Pat Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of 2001 ��i� Nar�gy ;k •, ' Lit 0it`•••ta14 STATE OF WASHINGTON ) j ss COUNTY OF KING ) (Print Name) i t Lc Residing at My appointment expires I hereby certify that I know or have satisfactory evidence that Ann Marie Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned m this instrument DATED this-!f_day of '2001 Residing at�_ My appointment expires Page 6 of 10 Cz e= CD CM cam+ Statutory Warranty Deed {continued) STATE OF WASHINGTON } ss COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that Brian Morrison signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. DATED this day of , 2001 lit fatV. �4� in. A : tic s00 f��11y1��•. ii.!�it�J�. STATE OF WASHINGTON COUNTY OF KING } } ss Residing at My appointment expires I hereby certify that I know or have satisfactory evidence that Cora Morrison signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this J day of , 2001 ►►►►ui�urr��, ,,E A e� .•Qg1TiT�r. '04, . • m. (Print Name)c -jr Residing at My appointment expires Page 7 of 10 4=) C:3 r 4 v C%f Statutory Warranty Deed (continued) STATE OF WASHINGTON ) ) ss COUNTY OF KINQ 1 I hereby certify that I know or have satisfactory evidence that Ken Troseth signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED thus Z_ day of QC,7—()B6L, 2001 SPATE OF WASHINGTON ) )SS COUNTY OF KING ) (Print Vame) j us Residing at My appointment expires I hereby certify that I know or have satisfactory evidence that Sharon Troseth signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this -day of '2001 Residing at My appointment expires Page 8 of 10 c= Q Statutory Warranty Deed (continued) STATE OF WASHINGTON ) ] sa COUNTY OF KING j I hereby certify that I know or have satisfactory evidence that John D Holland signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this *�— day of 027T . 2001 �LLt�iu�ruUh �or.4,4 r 3. � s•� rA r Iw��V(�iri i.� r'•riry 1�A8�,���`�� STATE OF WASHINGTON ) ss COUNTY OF KING ) My appointment I hereby certify that I know or have satisfactory evidence that Barbara Holland signed this instrument and acknowledged it to he her free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of , 2001 st+u i u�ir�rr ,IE A' @Of`•�i A#J 9: 8M Residing at JSz� My appointment expires Page 9 of 10 statutory Warranty Deed (continued) STATUTORF WARRAMW DEED SCHEDULE A PARCEL D: THE SOUTH 3A OF THE NORTH '/7 OF THE SOUTH 1/] OF THE NORTH V, OF THE EAST 3/Q OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , EXCEPT COUNTY ROAD, rte„ SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON C14 c SVBJI= TO: CM ca 12 Notice of tap or connection charges which have been or Will be due :n connect:an with CD development or re -development of the land as disclosed by recorded instrument Inquires C= regarding the specific amount of the charges should be made to the city/county/agency ..-- CIV/COUNTY/AGENCY CITY OF RENTON r— RECORDED JUNE 21, 1996 e� RECORDING NO 9606210966 a+► 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WID'T'H AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT [.)CATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 345589 25 The effect on the tatle and the description of the land due to the location of "148th Avenue S E (C H Bankson Road No 72)" 39 ANY FENCE ENCROACHMENTS Page 10 of 10 I" wHEN RECORDED MAID To Joseph P. McCarthy Kantor Taylor McCarthy & Britzmann, P.C. 1501 4th Avenue, Suite 1610 Seattle, WA 9$101-1662 R84G040 i5•07 pAos Set of 905 QUIT CLQ DEED ,q (Farrel E) ( gat �a 15' 4?VdMane Hunsaker , spouse of Patrick K. Huns.ay.., Grantee: Shamrock Highlands, LLC, a Washington limited liability company Legal Description; Ptn. ME 1/4 of S.E 1/4 Section 10, T23N, R5E, King County (Full Description on Schedule A) 4 Tax Account Nos: 102305-9415 r Ann Marie Hunsaker for the purpose of relinquishing any interest in the property described ea in Schedule A attached hereto, hereby conveys and quitclaims to Shamrock Highlands, LLC, a Washington limited liability company, the real property described on Schedule A attached hereto and incorporated herein by reference, situated in King County, Washington - DATED the day of October, 2001 6GGCs FILED FOR RECORD Al THE REQUEST OF Ann Masse H TRANSNATION TITLE INSURANCE CO Ifll Page 1 of 4 F \DAEAsMMRdc1 HUMMMR R6- 611612�0o=%D0cA\D6od1V%rcel B QCD doc c*� css c� C%4 c CD rn 0 cs 0 C=> C14 Quit Clalrn Deed (continued) STATE OF WASHINGTON } ) ss COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that Ann Mane Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument -17-h DATED this J7- day of , 2401 (Pruit Name) +-zr-C Residu4 at �C-g*S My appointment expires Page 2 of 4 F \DABkSHAMR0CK•1{URSAKER RS - 611612%CknLng DOos\DeedalPanxl 3 QCD dOc Quit Claim Deed (continued) QUIT CLAIM DEED SCHEDULE A PARCEL. E; THE WEST 794 FEET OF THE SOUTH 'A OF THE SOUTH V2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, ALSO KNOWN AS A PORTION OF IAT B OF UNRECORDED LOT LINE ADJUSTMENT NO S90MO351 SUBJECT 70: 12. Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded instrument Inquiries regarding the specific amount of the charges should be made to the city/county/agency CITY I COUNTY/AGENCY CITY OF MENTON RECORDED JUNE 21, 1996 RECORDING NO 9606210966 4-3 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF � GRANTEE SNOQUALMIE FALLS AND WHITE RIVER c•i POWER COMPANY, A CORPORATION o PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT o LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305589 c� 26 MATTERS SET FORTH BY SURVEY tom.+ RECORDED MAY 2, 1988 RECORDING NO 8805029004 DISCLOSES FENCE ENCROACHMENT OVER WESTERLY AND SOUTHERLY BOUNDARY LINES AS SHOWN THEREON (Covers Parcel E) 27 Terms and Conditions of unrecorded Lot Line Adjustment No S90M0351, approved October 24, 1990 (Covers Parcel E) 33. NOTICE OF HOUSING CODE VIOLATION FILE NO E92C1531 RECORDED JANUARY 9, 2001 RECORDING NO 20010109001089 (Covers Parcel E) Page 3 of 4 F \imB\SN MRoCiSrHUli8AX3R RE • 611612%00309 r>0"\Deed5\pUW1 E QCD doe V-) Gn N O CT C7 W— C> C:� N Quit Claim Deed (continued) 34 LIEN clanned by King County Susldmg Sermee D1vimon AGAINST JIM & DENISE HUNSAKER AND PAT HUNSAKER FOR CIVIL PENALTY AMOUNT $5,400 00 RECORDED JULY 24, 2001 RECORDING NO 20010724001500 (Covera Parcel El 39 ANY FENCE ENCROACHMENTS Page 4 of 4 F \DA9\8HANR0CK-HUMAKrR RE - 611612\0oms DocaNDxde\Paml 9 QCD doc WHEN RECORDED MAIL TO Joseph P McCarthy Kantor Taylor McCarthy & Britzmann, P C 1501 4th Avenue, Suite 1610 Seattle, WA 98101-1662 E1846040 'If f 2"" i sai°�z�e�b,vvv� STATUTORY WARRANTY DEED (Parcel E) PAR Bel OF 005 ()17' 773uen Hunsaker and Dernse Hunsaker -5//Q co 02 Pat Hunsaker cv carGrantee: 1. Shamrock Highlands, LLC, a Washington limited liability company Legal Description: Ptn N E. 1/4 of S E 1/4 Section 10, T23N, R5E, King County c� (Full Description on Schedule A) e� Tax Account Nos: 102305-9415-06 Jun Hunsaker and Denise Hunsaker, husband and wife and Pat Hunsaker, as his separate c� estate, as part of an Internal Revenue Code Section 1031 tax-free exchange, hereby convey and warrant to Shamrock Highlands, LLC, a Washmgton Invited liability company, the real property described on Schedule A attached hereto and incorporated herein by reference, situated in Kung County, Washington DATED thelAd day of October, 2001 Jun Run4qker DemseHunsakdr Pat Hunsaker Page 1 of 5 C" cv 0 c� Statutory Warranty Deed (oantinued) STATE OF WASHINGTON ) ss COUNTY OF KING ) I hereby certify that I know or have satLafactory evidence that Jim Hunsaker signed ttus instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in flus instrument DATED this � day of _ , 2001 STATE OF WASHINGTON ) ) ss COUNTY OF KING j Residing at My appointment expires I hereby certify that I know or have satisfactory evidence that Demse Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED tiesday of , 2001 159 I A PiZ A (Print ane) U Residing at "r My appointment expires I D Page 2 of 5 Statutory Warranty Deed (continued) STATE OF WASHINGTON ) )Ss COUNTY OF IQNG ) I hereby certify that 1 know or have satisfactory evidence that Pat Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this rnetrament DATED this =<LD_ day of iL� J , 2001 _ ,ull1#rlr..._ Page 3of5 7A. i c p'•.•� �y • ' ���` (Printlame) I U L Residing at gH�N��`�� IViy appointment exp>res Page 3of5 Statutory Warranty Deed (continued) STATUTORY WARRANTY DEED SCHEDULE A PARCUL 8; THE WEST 794 FEET OF THE SOUTH °,2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/ 4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO S90MO361 r :) 5?1 &VC -631 12 Not= of tap or connection charges whtah have been or will be due in connection wtth development or re -development of the land as disclosed by recorded instrument Inquiries regardmg the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY C1TY OF RENTOR RECORDED .LUNE 21, 1996 RECORDING NO 9606210966 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINT: 10 FEET IN WIDTH C" AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS C-4 NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN v DESCRIBED C" RECORDING NO 305589 4= 26 MATTERS SET FORTH BY SURVEY RECORDED MAY 2, 1988 RECORDING NO 8805029004 ea DISCLOSES FENCE ENCROACHMENT OVER WESTERLY Cv AND SOUTHERLY BOUNDARY LINES AS SHOWN THEREON (Covers Parcel E) 27 Terme and Conditions of unrecorded Lot Lane Adjustment No 890M0351, approved October 24, 1994 (Covers Parcel E) 33 NOTICE OF HOUSING CODE VIOLA'T'ION FIDE NO E92CIS31 RECORDED JANUARY 9, 2001 RECORDING NO 20010109001089 (Covers Parcel E) Page 4 of 5 Statutory Warranty Deed (continued) 34 LIEN dlauned by Kmg County Building Semoes Division AGAINST JIM & DENISE HUNSAKER AND PAT HUNSAKER FOR CIVIL PENALTY AMOUNT $5,400 00 RECORDED JULY 24, 2001 RECORDING NO 20010724001500 (Covera Parcel E) 39 ANY FENCE ENCROACHMENTS c.► rn 0 Q r— Page 5 of 5 WHEN RECORDED MAIL TO Joseph P. McCarthy Kantor Taylor McCarthy & Britzmann, P C 1501 4th Avenue, Suite 1610 Seattle, WA 98101-1662 E x.846@37 IfMy w L . STATUTORY WARRANTY DEED (Parcel Fj �a f `'��" ` 0 I �� Patrick Hunsaker and Ann Maxie Hunsaker or: �..- 2 James Hunsaker and Denise Hunsaker vs 3 John Hunsaker and Jean Hunsaker 4 Timothy Hunsaker and Bonnie Hunsaker c 5 Brian Morrison and Cora Morrison c 6 John Holland and Barbara Holland 7 Kenneth Troseth and Sharon Troseth PAGE "I OF 003 e3 C=b Grantee: 1 Shamrock Highlands, LLC, a Washington limited liability company •-~ Legal Description: Ptn N E. 1/4 of S E 1/4 Section 10, T23N, R5E, King County (Full Description on Schedule A) c., Tax Account Nos: 102305-9174-07 Patrick Huneaker and Ann Marie Hunsaker, husband and wife, James Hunsaker and Denise Hunsaker, husband and wife, John Hunsaker and Jean Hunsaker, husband and wife, Timothy Hunsaker and Bonnie Hunsaker, husband and wife, Briars Morrison and Cora Morrison, husband and wife, John Hoiland and Barbara Holland, husband and wile, and Kenneth Troseth and Sharon Troseth, husband and wife, for and m consideration of ten dollars and other good and valuable consideration m hand paid, hereby convey and warrant* to Shamrock Highlands, LLC, a Washington limited liability company, the real property described on Schedule A attached hereto and incorporated herein by reference, situated in Kung County, Washington *any and all interest DATED the. day of October, 2001 Patrick Hunsaker James saker Ann Maize Huns4ker Denise Hunsaker ,e 1 of 10 Statutory Warranty Deed (continued) John Hunsaker 11+�D Timothy Hun 4 L...A' — &*a Again, Page 2 of 10 V- C" C1%1 c e, Cn c� N Statutory Warranty Deed (continued) STATE OF WASHINGTON ) )GS. COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Patrick Hunsaker signed this Instrument and acimowledged it to be lus free and voluntary act for the uses and purposes mentioned m tins instrument. DATED this r day of , 2001 STATE OF WASHINGTON ) )SS COUNTY OF KING ) 4 (Fruit ame) VS=C15 Residing at 'T'^ My appointment expires Ej I I 10 I hereby certify that 1 know or have satisfactory evidence that Ann Mane Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this mstrument DATED this day of 0� +- , 2001 (Print N(ame) I U +a;A Residing at My appointment expires Page 3 of 10 r t]! N CV CS C� cm 0 r C N Statutory Warranty Deed (continued) STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that James Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of , 2001 STATE OF WASHINGTON ) } ss COUNTY OF KING ) (PrintName) u L, C Residing at My appointment expires d I hereby certify that I know or have satisfactory evidence that Denise Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this e day of OCT0C<-12— , 2001 (Print arae) ut- Residing at My appointment expires Page 4 of 10 Statutory Warranty Deed (eontmued) STATE OF WASHINGTON ) ) ss COUNTY OF KING ) 1 hereby certify that i know or have satisfactory evidence that John Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this 30 day of QU�� , 2001 Nor • =�_ X10, b " Wo I ipw �qM1 STATE OF WASHINGTON ) )Ss COUNTY OF KING ) (7)JL�- 4. - ---- (Print N e)U �- Residing at My appointment empires I hereby certify that I know or have satisfactory evidence that Jean Hunsaker signed thus instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in t1us instrument DATED this e—dayof , 2001 ,�t�t11111111b�t *04, ��I,JIY�8�ttP�t�$ (Print Name) -Tu L4 Residing at My appointment expires Page 5 of 10 Cn CW �r 07 Cz 1 r- N Statutory Warranty Deed (continued) STATE OF WASHINGTON j j ss COUNTY OF SING } I hereby certify that I know or have satisfactory evidence that Timothy Hunsaker s4ned this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this � day of OC:MLOL , 2001 v���lE til 070 10 �Ae 1.• i 40 �Z. ASHt STATE OF WASHINGTON } ss COUNTY OF KING j J, & -AZL4�. (Print?fame) u u. Residing at T My appointment expires ► f} I hereby certify that I know or have satisfactory evidence that Bonnie Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned rn this instrument DATED this day of Crib , 2001 C-�,L A 204 (Print N ej l Residmg at My appointment expires Page 6 of 10 eam cv C14 c c� Statutory Warranty Deed (continued) STATE OF WASHINGTON } ) ss COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that Brian Morrison signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. DATED this � day of Q -T 2001 STATE OF WASHINGTON } ) ss. COUNTY OF KING ) 0a, /k, R;5(J, [Print(game) 0 Y l Residing at My appointment expires o I hereby certify that I know or have satisfactory evidence that Cora Morrison signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this ; day of , 2001 (Print dame) i Residing at My appointment expires Page 7 of 10 O d I" Statutory Warranty Deed (continued) STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that John Holland signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument 110) DATED this day of 2001 STATE OF WASHINGTON ) ss COUNTY OF KING ) Residing atfJT My appointment expires I hereby certify that I know or have satisfactory evidence that Barbara Holland signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in t1us instrument DATED this day of 02R6a2001 01' Residing atK-VT. __ My appointment expires Page 8 of 10 Statutory Warranty Deed (continued) STATE OF WASHINGTON ) )ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Kenneth Troseth signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of C9XtePJk.P 2001 Iz -�.�� ��.�•��itiTa� Qui $OTAgy i Lia i • 'zfR�'j'ASH Man STATE OF WASHINGTON ) ss COUNTY OF KING ) (FnIng Name Resat My appointment expires I hereby certify that I know or have satisfactory evidence that Sharon Troseth signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of C , 2041 lt4 A (Pri t INa� t Residing at 'r My appointment expires Page 9 of 10 Statutory Warranty Deed (continued) STATUTORY WARRANTY DEED SCSEDULE A PAFXM F: THE SOUTH 'A OF THE SOUTH % OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , AND EXCEPT THE WEST 794 FEET THEREOF, AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF, '.. SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON en CN ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO 890MO351 SUBJECT TD; Cn C= 12 Notice of kap or connection charges which have been or will be due in connection with C= development or re -development of the land as disclosed by recorded metrument Inquinea regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY CITY OF RENTON c RECORDED JUNE 21, 1996 RECORDING NO 9606210966 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED THE DE8CRIFnON CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305589 25 The effect on the title and the description of the land due to the location of"1481b Ave S E (C H Bankson Road No 72)" 27 Terms and Conditions of unrecorded Lot Line Adjustment No S90M0351, approved October 24, 1990 (Covera Parcel F) 37 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF BENEFICIARY ROY R SMITH AND RUBY P SMITH, HUSBAND AND WIFE ORIGINAL AMOUNT $220,000 00 DATED JANUARY 17, 2001 RECORDED JANUARY 19, 2001 RECORDING NO 20010119001337 (Covers Parcel I) 39 ANY FENCE ENCROACHMENTS Page 10 of 10 WHEN RECORDED MAIL TO Joseph P McCarthy Kantor Taylor McCarthy & Bntanann, P C. 1501 4th Avenue, Suite 1610 Seattle, WA 98101-1662 E1846@40 SALE �;LQG: PAGE 001 4F 1605 STATUTORY WARRANTY DEED (Parcels 0 & H) �7*757 XdP9 1� cv [grantor. 1 James Hunsaker and Denise Hunsaker c i�j 2. Patrick K Hunsaker 3 John W. Hunsaker and Norma Jean Hunsaker 4 Timothy Hunsaker C' S Brian Morrison {lrrrantee. 1 Shamrock Highlands, LLC, a Washington I=ted liability company .q env Legal Description: Ptn S E 1/4 of 8 E 1/4 Section 10, T23N, RSR, King County (Full Description on Schedule A) Tax Account Hos: 102305-9031, 1023059191 James Hunsaker and Denise Hunsaker, husband and wife, Patrick Hunsaker (also known as Patrick K Hunsaker), as his separate estate, John W Hunsaker and Norma Jean Hunsaker, husband and wife; Tunothy Hunsaker, as his separate estate, and Brian Morrison, as his separate estate, as part of an Internal Revenue Code Section 1031 tax-free exchange, hereby convey and warrant to Shamrock Highlands, LLC, a Washington lunited liability company, the real property described on Schedule A attached hereto and incorporated herein by reference, situated in King County, Washington *any and all interest. DATED the,- day o�001 James Sunsaker en se Hunsaftr Patrick K Hunsaker T Timothy Hunskk& John W Hunsaker'- r Brian Momson age 1 of 7 Statutory Warranty Deed (continued) STATE OF WASHINGTON ) ) ss COUNTY OF KING j I hereby certify that I know or have satisfactory evidence that James Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED thus day of , 2001 STATE OF WASHINGTON j 1� COUNTY OF KING ) (.Print I$ame) u Residing at My appointment expires C= I hereby certify that I know or have satisfactory evidence that Denise Hunsaker ~ signed this instrument and acknowledged it to be her free and voluntary act for the uses and F purposes mentioned in this instrument. r� N DATED this3p) day of , 2001 (Print"e) QUA- -;r -Residing at My appointment expires Page 2 of 7 t— Ca C.4 Statutory Warranty need (continued) STATE OF WASHINGTON ) � ss COUNTY OF KING ) I hereby cmt* that I know or have satisfactory evidence that Patrick K Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned m this instrument DATED this day of _ C)qnO�jk , 2001 STATE OF WASHINGTON # ) ss COUNTY OF KING ) (Pent Name) ZjQ Residung at My appointment expires I hereby certify that I know or have satisfactory evidence that John W Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentxoned m this instrument DATED this 2t day of CW , 2001 (Print ame) I,? L>0y t Residing at T My appointment expires I1 0� Page 3 of 7 0 e= V V— cm CM Statutory Warranty Deed (continued) STATE OF WASHINGTON ) ) ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Norma Jean Hunsaker signed this mstrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in tkus mstrument DATED this ;& day of QC�MbEk- , 2001 STATE OF WASHINGTON ) ) ss COUNTY OF KING ) (Print Name) jU Residing at My appointment expires I hereby certify that I know or have satisfactory evidence that Tunothy Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentttooned m this instrument DATED this 2 day of 0� , 2001 (Print Natne) Q u L--,Pt Residingat My appointment expires Page 4 of 7 Statutory Warranty Deed (continued) STATE OF WASHINGTON j j ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Brian. Morrison signed this instrument and acknowledged it to be his free and voluntary act for the uses and � purposes mentioned in this instrument N 116 c DATED this day of , 2001 0 4 (Pent Ndme) Residinat g at My appointment expires Page 5 of 7 Statutory Warranty Deed (continued) STATUTORY WARRANTY DEED SCHEDULE A PARCEL G: u's THE NORTH % OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF acr► SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , N EXCEPT THE FORTH 168 05 FEET OF THE EAST 302 15 FEET THEREOF, o AND EXCEPT THAT PORTION THEREOF FOR 148,hi AVENUE S E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON e� PARCBL Ek Q THE NORTH 168 05 FELT OF THE EAST 302 15 FEET OF THE NORTH '/S OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE b 5 EAST W M, rr, EXCEPT THAT PORTION THEREOF FOR 148 tin AVENUE S E. RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON IE SFl+ll 12 Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded matrument Inquuzes regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY CITY OF RENTON RECORDED JUNE 21, 1996 RECORDING NO. 9606210966 (Covers Parcels G & H) 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRAN'T'EE: SNOQUALMlE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305589 (Covers Parcels 0 & H) 14 EASEMENT AND THE TERMS AND CONDITIONS THEREOF PURPOSE POWSR AND UGHT POLES AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY BEREIN DESCRIBED RECORDING NO 2794410 (Covers Parcels G & H) 25 The effect on title and the description of the land due to the location of 6148th Avenue S E (C H Bankson Road No 72r contained to the legal description (Covers Parcels G & H) Page 6 of 7 Statutory Warranty Deed (continued) 32 NOTICE OF HOUSING CODE VIOLATION FILE NO E92C1531 RECORDED NOVEMBER 18, 1992 RECORDING NO 9211180392 (Covera Parcels 0 & H) 39 ANY FENCE ENCROACHMENTS Ln Cn ew Cz v� c= c= V Page 7 of 7 WHEN RECORDED MAIL TO - Joseph P. McCarthy Kantor Taylor McCarthy & Britzmann, P.C. 15014" Avenue, Suite 1610 Seattle, WA 98101-1662 E1846040 K ° 2 PAGE 001 OF on QUIT CLAIM DEED (Parcels G&H) Grantor: 1 Ann Mane Hunsaker, spouse of Patrick Hunker C n I/ 2 Bonnie Hunsaker, Spouse of Timothy Hunsaker 3. Cora Morrison, spouse of Brian Morrison Grantee: Shamrock Highlands, LLC, a Washington limited liability company cs Legal Description: Ptn. S.E. 1/4 of S.E 1/4 Section 10, T23N, RSE, King County `-' (Full Description on Schedule A) Tax Account Nos: 102305-9031, 102305-9191 Ann Marie Hunsaker, Bonnie Hunsaker and Cora Morrison, for the purpose of relinquishing any interest in the property described in Schedule A attached hereto, hereby conveys and quitclaims to Shamrock Highlands, LLC, a Washington limited liability company, the real property described on Schedule A attached hereto and incorporated herem by reference, situated in King County, Washington - DATED the day of ctober, 2001. Ann Marie Hu raker Bonnie Hunsaker Cora Morrison in1 12.90 134 1 311F mug- / 0 t!ILUD KI oir 1 F VDAB;Xi QAK0CK.FRMAM BS -61161 =05M D0051D WWARCUS OH QM DOC av C%4 on STATE OF WASHINGTON) ) ss COUNTY OF KING ) I hereby certify that I know or have satisfactory evidence that Ann Marie Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this - day of . 0C , 2001 STATE OF WASHINGTON) ) ss. COUNTY OF KING } (Print Mame) �Tu 6 -=-- Residing at 1'-:t;:�T My appointment expires o I hereby certify that i know or have satisfactory evidence that Bonnie Hunsaker signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument. DATED this -30 day of , 2001 A, :►:LlC �� 0,�-LL A P (Printgame) u La Residing at My appointment expires: 2 F 1DADV AMROCK-KWSAKCR RB - 61161 :SCLOSM D0C5IDHB WARCMS GH QCD OW a STATE OF WASHINGTON) ) ss. COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that Cora Morrison signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument his t DATED this ` day of OnDU 4 2001 � � 's��1nlf1fl71�f��r, '4 e6 ,I�QtiNTAIFNl.��,�i .� Residing at My appointment expires 3 F Vk44% AAMRWK-HUNSAKER RE • 61161 2wADS N6 DOcsWEEDSIPARCELS GH QCD DOG LE QUIT CLAIM DEED SCHEDULE A PARCEL G-. THE NORTH % OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M; EXCEPT THE NORTH 168.05 FEET OF THE EAST 302 1 S FEET THEREOF; AND EXCEPT THAT PORTION THEREOF FOR 148 TH AVENUE S E. RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: 4= THE NORTH 168 05 FEET OF THE EAST 302 15 FEET OF THE NORTH % OF THE � NORTHEAST V4 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M., EXCEPT THAT PORTION THEREOF FOR 148 TH AVENUE S.E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. I ' SUBJECT TO: 12. Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded instrument Inquiries regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY CITY OF RENTON RECORDED: JUNE 21, 1996 RECORDING NO 9606210966 (Covers Parcels G & H) 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF- GRANTEE- SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED- THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO.. 305589 (Covers Parcels G & H) 4 F MAMSHAMROCK-HUNSAKER RE - 61361 MLOSING DOCSOEFD55PARCELS OH QCD DOC 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF' PURPOSE. POWER AND LIGHT POLES AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO.. 2794410 (Covers Parcels G & H) 25 The effect on title and the description of the land due to the location of "140 Avenue S 1- (C. (C. H Bankson Road No 72)" contained in the legal descnption. (Covers Parcels G & H) 32. NOTICE OF HOUSING CODE VIOLATION. FILE NO. E92CI531 an RECORDED NOVEMBER 18, 1992 Cm RECORDING NO.9211180392 (Covers Parcels G & H) C' 39. ANY FENCE ENCROACHMENTS 0 cm r r— Q 0 5 F 1DAb%9v ROCK-HUN$AKER RI - 61161 Y1CLOSING DOCSDBFD"ARCMS GH QM DOC WHEN RECORDED MAIL TO Joseph P. McCarthy Kantor Taylor McCarthy & Bntzmann, P C. 15010 Avenue, Suite 1510 Seattle, WA 98101-1662 E1846040 K0 GO�A�iTYIli;,l7 s . sF PAGE 001 OF 006 QUIT CLAIM DEED (Parcel I) 3?aa?,3Vl s I�00 Grantor: Barbara Hoiland, Spouse of John D. Holland la AP a Grantee: Shamrock Highlands, LLC, a Washington limited liability company CNA Legal Description: Ptn S E. 114 of S.E. 114 Section 10, T23N, R5E, King County cz (Full Description on Schedule A) Tax Account Nos: 102305-9384 �- Barbara Hoiland, for the purpose of relinquishing any interest in the property described in Schedule A attached hereto, hereby conveys and quitclaims to Shamrock Highlands, LLC, a Washington limited liability company, the real property described on Schedule A attached hereto and incorporated herein by reference, situated in King County, Washington Ad - DATED the,? day of October, 2001 Barbara Hoiland 1 F %DAz%SHAmR0CK4jUN9AKHR AE - 61161 EICLOSM DOCSWEEOSIPARCM 1 QCD WC Cn Cn STATE OF WASHINGTON ) ) ss COUNTY OF KING } I hereby certify that I know or have satisfactory evidence that Barbara Hoiland sued this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument DATED this day of om&4- '2001 .` .' a►'r `� !r 9Ji � �BL1C � "'Alm (Print Name) �Q u c=-- Residmg at My appointment expires, 2 F \DABWjAm0M-MMsAKM Re.6116131C1.OSM 00CADEMMARCU I QCD DOC QUIT CLAIM DEED SCHEDULE A PARCEL I: THAT PORTION OF THE SOUTH %= OF THE NORTHWEST 1/4 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M , DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST 1/4 OF SAID SOUTH'!z, THENCE NORTH 88020'44" NEST ALONG THE NORTH LINE OF SAID SOUTH % 50 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 88020'44" WEST 216.94 FEET, THENCE SOUTH 00015'25" WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH '/z 329 36 FEET TO THE SOUTH LINE THEREOF; THENCE SOUTH 88020'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH %z, 266.94 FEET TO THE SOUTHEAST CORNER THEREOF, THENCE NORTH 00" 15'25" EAST ALONG THE EAST LINE OF SAID SOUTH !a 313 35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER, THENCE NORTH 88020'44" WEST PARALLEL TO THE NORTH LINE OF SAID SOUTH 1/2 Cn c*+ 50 FEET, � THENCE NORTH 00°15'25" EAST PARALLEL TO THE EAST LINE OF SAID SOUTH 1/2, Ca 16 FEET TO THE TRUE POINT OF BEGINNING, � SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. ,-- SUBJECT TO: c> 12 Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded instrument inquiries regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY CITY OF RENTON RECORDED TUNE 21,1996 RECORDING NO 9606210966 3 r wAxeHAy9iocx-HuNsAxmt xs - 6I id i Y1ci.O5li+io DocmuDwAK" 1 Qco ow 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA, AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305559 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: POWER AND LIGHT POLES AREA AFFECTED: THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO.: 2794410 (Covers Parcel I) 17 EASEMENT AND THE TERMS AND CONDITIONS THEREOF PURPOSE, INGRESS, EGRESS AND UTILITIES AREA AFFECTED NORTH 30 FEET RECORDING NO - 7205100354 (Covers Parcel I) C; WHEN RECORDED MAIL TO Joseph P McCarthy Kantor Taylor McCarthy & Bntzmann, P C. 1501 4th Avenue, Suite 1610 Seattle, WA 98101-1662 E1846040 X5 PAR got OF No STATUTORY WARRANTY DEED ja(Parcel 11 00 Grantor. 7s James M Hunsaker and Denise M Hunsaker -510 e� 2 John D Hoiland r� Grantee- 1. Shamrock Highlands, LLC, a Washington hrmted liability company a -- Legal Description: Ptn S.E 1/4 of S E 1/4 Section 10, T23N, RSE, Icing County jF ll Description on Schedule A) 0 E" Tax Account Nos: 102305-9384 James M Hunsaker and Denise M Hunsaker, husband and wife and John D Holland, as his separate estate, as part of an Internal Revenue Code Section 1031 tax-free exchange, hereby convey and warrant to Shainrock Highlands, LLC, a Washington limited liability company, the real property described on Schedule A attached hereto and incorporated herein by reference, situated in Kung County, Washington. DATED the day of October, 2001 i MM Denise M Hunsaker Page 1 of 5 w N CV b C� Statutory Warranty Deed (ContLnizedj STATE OF WASHINGTON ) ss. COUNTY OF KING j I hereby certify that I know or have satisfactory evidence that James M Hunsaker signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this 3k) day of . 2001 .*,'01%iiri 111'0,, �4% N" ' �ti7 r l4� l•��J Ben M'_st�_.�� (Prmf t4ame) u tX1=- Residing at My appointment expires STATE OF WASHINGTON j C ] ss COUNTY OF IaNG j c7 I hereby certify that I know or have satisfactory evidence that Demise M Hunsaker shied civ this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument. DATED this ,.,�p� day of OC8M , 2001 A @'r/tip •���Qi�i�ae�rOyC� *0 A# k- &JR (Print ame) L -C Residing at K424 -1 My appointment expires Page 2 of 5 Statutory Warranty Deed (continued) STATE OF WASHINGTON ) j ss COUNTY OF KING j I hereby certify that I know or have satisfactory evidence that John D Ho=land signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument DATED this �day of , 2001 ri flll cti c Iffl e� �+ flll llll r-- fill cm 4= Illi (Print Named Residaig at 41�. My appointment expires Page 3 of 5 Statutory Warranty Deed (continued) STATUTORY WAPIL4NTY DEED SCHEDULE A PARCEL 1: ca THAT PORTION OF THE SOUTH 'h OF THE NORTHWEST 1/ 4 OF THE SOUTHEAST 1/4 OF THE C" SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, DESCRIBED AS cr FOLLOWS BEGINNING AT THE NORTHEAST 1/4 OF SAID SOUTH 'A. c� THENCE NORTH 88020'44' WEST ALONG THE NORTH LINE OF SAID SOUTH V2 50 FEET TO THE Cn TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 88°20'44" WEST 216 94 FEET, C= THENCE SOUTH 000 15'25" WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH 'A 329.36 FEET TO THE SOUTH LINE THEREOF, THENCE SOUTH 88°20'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH -A, 266 94 FEET TO THE SOUTHEAST CORNER THEREOF, � THENCE NOR'T'H 00" 15'25" EAST ALONG THE EAST LINE OF SAID SOUTH 'A 313 35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER, THENCE NORTH 88°20'44" WEST PARALLEL TO THE NORTH LINE OF SAID SOUTH A 50 FEET, THENCE NORTH 00° 1625" EAST" PARALLEL TO THE EAST LINE OF SAID SOUTH '/s, 16 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON SUBJECT TO: 12 Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded instrument Inquiries regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY CITY OF RENTON RECORDED .TUNE 21, 1996 RECORDING NO 9606210966 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305589 14 EASEMENT AND THE TERMS AND CONDITIONS THEREOF PURPOSE POWER AND LIGHT POLES AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 2794410 (Covers Parcel 1) Page 4 of 5 Statutory Warranty Deed (continued) 17 EASEMENT AND THE TERMS AND CONDITIONS THEREOF PURPOSE INGRESS, EGRESS AND UTILITIES AREA AFFECTED NORTH 30 FEET RECORDING NO 7208100354 (Covers Parcel n 24 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE ICING COUNTY WATER DISTRICT NO 90, A MUNICIPAL CORPORATION PURPOSE WATER MAINS AND APPURTENANCES AREA AFFECTED NORTH 10 FEET RECORDING NO 20000810000949 (Covers Parcel I) ars 29 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED MAY 16, 1961 RECORDINGS NO 5284273 C=' REGARDING ROAD MAINTENANCE (Covers Parcel I] a= am 39 ANY FENCE ENCROACHMENTS •-- 40 Lack of a recorded means of ingress and egress to a public road from the land (COVERS PARCEL I ) CD cam, Page 5 of 5 WHEN RF-CORDEU RETURN 1D. Office of the C:lk _';rk RentoRbulldlriS 200 MA,,'enuc�utfi genk YA 9WMu; :n L LAw CEMME 1, the: w�i+er1, u� Cmc of the City of e' nton, wt+�mgton, certify that this is a true and correct copy of I Msaibed and 1W t r 1 etc CITY OF RETON, WASHINGTON ORDnaaA m NO . 4612 Am ORD IMME OF TRS CITY OF REETON, WAS -rM6-r 1 ESTABLISHING .AN ASSSSMMT DISTRICT FOR S"'TARY SXKM SEWnCS XN A p0mrU N' DPS TIM SOUTH X31=1"Dg, Dg, BEATMM DOWNS, A= KhpLXWOOD sUB-BM3NS A= ESTABLISN33 3 THE AMKMT OF THE CHARGE VPM CONiMMION TO T= FACILITIES. THE CITY COUNCIL OF THE CITY OF REN ON, WASHINGTON, DO ORDAIN AS FOLLOWS SBMOK I. There is hereby created a Sanitary Sewer Service Special Assessment District for the area served by. the Bast Renton Sanitary Sewer Interceptor in the northeast quadrant of the City of Renton and a portion of its urban growth area within unincorporated Xing County, which area is more particularly described in Exhibit "A" attached hereto_ A map of the service area is attached as exhibit `B." The recording of this document is to provide notification of potential connection and interest changes. While this connection charge may be paid �at any time, the City does not require payment until. such time as the Parcel is 1 connected to and thus benefiting from the sewer facilities. The property may be sold or in any other way change hands without triggering the requirement, by the City, of payment of the charges associated with this district. S$M91 II. persons connecting to the sanitary serer facilities in this Special Assessment District and which properties i t ORDINANCE 4 612 have not been charged or assessed with all costs of the East Renton Sanitary Serer Interceptor, as detailed in this ordinance, shall pay, in addition to the payment of the connection permit fee and in addition to the system development charge, the following additional. fees: A. Fr Unit Charge, New connections of residential dwelling units or equivalents shall pay a fee of $224.52 per dwelling unit and all other uses shall pay a unit charge of $0.059 per square goat of property. Those properties included within this Special Assessment District and which may be assessed a urge thereunder are included within the boundary legally described in Exhibit "A" j and which boundary is shown on the utz.p attached as Exhibit ..g." *" 9ECTION xsl, In addition to. the aforestated charges, there shall. charge i� a e cha a of 4.111 per annum added, to the per Unit Charge. The.i.nterest charge shall accrue for no more than ten (10) years from the date this ordinance becomes effective. Interest charges will be simple interest and not compound interest. SECTIgH IV. This ordinance shall be effective upon its passage, approval, and thirty (30) days after publication`. pASSED Ey THE. CITY COUNCIL this 0th day of 199G. )22 Maril J eter`sea, City Clerk 2 ORtDWANCE 4612 APPROVED BY THE MAYOR this 14th day of Approve as to Orm: Lawrence J. Warren, City Attorney Date of Publication: 6/14/96 ORD.576:5/20/96:ae. June , 1996. JeS9 Tanner, Mayor 3 Exhibit A LEGAL DESCRIPTION OF THE SPE=CIAL ASSESSMENT DISTRICT FOR THE CITY OF RENT -ON - EAST RENTON INTERCEPTOR Portions of Sections 8, 9. 10. 11, 14, 15, 16, 17, 21 and 22 all in Township 23N, Range 5E W.M. in King County, Washington Section 8, Township 23K Range 5E W -M. All of that portion of Section 8, Township 23N, Range 5E W.M. bring East, of the East right -of --way lime of SR -405 and South of the following described line: Be&ming at the intersection of the East line of said Section S with the centerline of NE 7th Street; thence Westerly along said centerline of NE 7th Street to its intersection with the centerline of Sunset Boulevard NE; thence Northerly along the centerline of Sunset Boulevard NE to the North line of the Southeast 74 of said Section 8; thence West along said North line to the East right of -way line of SR -405 and the terminus of said line. Section 9, Township 23N, Range SE W.M. All of that portion of Section 9, Township 23N, Range 5E W.M. btV South and East of the following described line: - Beginning on the centerline of -NE 7th Street at its intersection with the centerline of Edmonds Avenue NE: thence Easterly along the centerline of NE 7th Street to its intersection with the cmterline of Monroe Avenue NE; thence North along said centerline to the South line of the Northeast 1/4 of said Section 9; thence East along said South line #n its intersection with the centerline of Redmond Avenue NE; thence Northerly along said centerline to its intersection with the center"ne of NE 10th Street; thence East along said centerline tc the East line of said Section 9 and the terminus of said line. Section 10, Township 23N, Range 5E W.M. All of that portion of Section 10, Township 23N, Range 5E W.M. lying Southerly and Westerly of the following described line: Beginning on the West line of Section 10 at its intersection with the North line of the South 1h of the North V2 of said Section 10; thence East along said North line to its intersection with the centerline of 142nd Avenue SE; thence Southerly along said centerline to its intersection with the North line of the Southeast 1/a of said Section 10; thence East along said North line to its intersecuon with the East line of said Section 10 and the terminus of said line. 0i0ATAhRM*ftWM=FWW=9d- Legal Description of the Special Assessment District for the City of Rmton — East Renton Inter for Page 2 of 3 Section 11, Township 23N, Range 5E W.M. All of the Southwest V4 of Section 11, Township 23N, Range 5E W.M.. Section 14, Township 23N, Range 5E W.M. All of that portion of Section 14. Township 23N, Range 5E. W.M. described as follows: All of the Northwest Y4 of said section. together with the Southwest V4 of said section, except the South Vz of the Southeast 'A of said Southwest 'A and except the plat of McIntire Homesites and 1h of streets adjacent as recorded In the Book of Plats, Volume 58, Paste 82, Records of King County, Washingtaan. and except the South 15 1. 55 feet of the East 239.435 feet of Tract 6, Block 1 of Cedar River Five Acre Tracts as recorded in the Book of Plats, Volume 16, Page 52, cords of King County, Washington, less 'A of the street abutting said potion of Tract 6, Block 1, and less Tract 6, Block 2 of said Cedar River Five Acre M acts, less % of the street adjacent to said Tract 6, Block 2, and except the South 82.785 feet of the East 150 feet of Tract 5, Block 2 of said Cedar River Flue Acre Tracts and less 'A the street adjacent to said portion of Tract 5, Block 2. Cif ' Section 15, Township 23N, Range 5E W.M. 0'1 All of that portion of Section 15. Township 23N, Range 5E. W.M., except the Southwest A of the Southwest A of the Southwest V4 of said section. Section 16, Township 23N, Range 5E W.M. All of that portion of Section 16, Township 23111. Range 5E W.M., except that portion of the Southeast 1A. of the Southeast 'l4 of the said Section 16 lying East of the East line of the Plat of Maplewood Division No. 2 as recorded in the Hook of Plats Volume 39, page 39, Records of King County Washington and its Northerly extension to the North lime of said Southeast y4 of the Southeast '/4 of the said Sections 16 and except that portion of said section lying Southerly of the Northerly right-of-way line of SR 169 (Maple Valley Highway] . Section 17, Township 23N, Range 5E W.M. All of that portion of Section 17. Township 23N, Range 5E W.M., lying Northeasterly of the Northeasterly right-of-way of SR -169 (Maple Valley H*"y and Easterly of the East right-of-way line of SR -405 less that portion lying generally West of the East and Southeasterly line of Bronson Way NE lying F ATAwEuu Wo2+ VMED5ADLEM"-d- Legal Da cription of the Special AzmwwM District yr the City of Rertbn — Fast Renton t#er for Page 3 of 3 between the South line of the NE 3rd Street and the Northeasterly margin of SR - 405. R405. Section 21, Township ?AFM, Range SE W.M. All that portion of Section 21, Township 23N, R 5E W.M. lying Northeasterly of the Northeasterly right -cif way line of SR -189 (Maple Valley Highway) and West of the .East line of the Plat of Maplewood Division No. 2 as recorded in the Book of Plats, volume 39, page 39, Records of King County, Washington. Section 22, Township 23K Range 5E W.M. All of that portion of Section 22, Township 23N, Range 5E W.M. described as follows: All of the Northwest 34 of the Northeast V4 of said Section 22 41ag Northerly of the Southerly line of the Plat of Maplewood Heights as recorded in the Book of Plats, volume 78, pages 1 through 4. Records of King County, Washi l ton, Together with the North 227.11 feet of the West 97.82 of the Northeast 1/. of the Northeast V4 of said Section 22. FtipATAw@At EGAL9- tr 0 a Return Address: _q V -1w. Co W 4%W—e_hl--T Nv•�i1 k -56 0(o SE l2.$&—` S. -F. IzermtA. anus,) Please prrot or type uifermatwn WASHINGTON STATE RECORDER'S Cover Sheet (R(w e5 04) Document Title(s) (or transactions contained therein) (all areas applicable to your document must be filled in) I i-rD r LCA -Se wti ! two 2 3 4 Reference Number(s) of Documents signed or released: 6agievrev�,+ 'tl' lv • z3•- I�t2 Additional reference Ws on page of document Grantor(s) (Last name fust, then first name and initials) 2 DCv%ZSc L4. 3 I,�Sw. keyrj .1 awrerz to . 4 PAdditional names on page of document Grantee(s) (Last name first, then first name and mitrals) L Ki) cou w+l vJ aft.- bvstyi l.1a . `!O 2 3 4 1__1 Additional names on page of document Legal description (abbreviated t e lot, block, plat or section, township, range) EAddttional legal is on page 26Tiy of document Assessor's Property Tax Parcel/Account Number Assessor Tax #riot yet assigned The AuditorlRecoTder will rely on the information provided on the fora~ The staff will not read the document to verify the accuracy or completeness of the indexing information provided heron cs C=, C— Filed for Record at the request of KING COUNTY WATER DISTRICT NO 90 15606 S,E 128TH STREET RENTON, WASHINGTON 98059 Easement No.: 10-23-5-14R Project SE 125th ST MAIN EXTENSION _ Tax Parcel ID#. 102305-9384 Grantor(s): JOHN D. HOILAND and JAMES M. & DENISE M. HUNSAKER c/o John D. Holland 1411 S. Concord Street # 5 Seattle WA 98108 Grantees): KING COUNTY WATER DISTRICT NO. 90 AGREEMENT FOR EASEMENT THIS INDENTURE, made this +sr day of A -u auir _ , 7-000 , by and between KING COUNTY WATER DISTRICT NO. 90, a municipal corporation of King County, Washington, hereinafter termed the "Grantee", and JOHN D. HOILAND and JAMES M. HUNSAKER and DENISE M HUNSAKER, hereinafter termed the "Grantors", WITNESSETH That the said Grantors for ONE DOLLAR ($7.00) and other valuable consideration, the receipt of which is hereby acknowledged by the Grantees, does by these presents convey, grant and warrant unto the Grantee a permanent easement for water mains and appurtenances under, through, above, and across the following described property situated in King County, Washington, together with all after acquired title of F Qi10011OOMHOIt6SM DOC Page t of 5 0»08100 EASEMENT NO 10-23-5-14R the Grantors therein, and more particularly described as follows The North 10 feet of the West 216 94 feet of that portion of the South half of the Northwest quarter of the Southeast quarter of the Southeast quarter of Section 10, Township 23 North, Range 5 East, W M., icing County, Washington described as follows: Commencing at the Northeast corner of said South half; Thence North 88°20'44" West, along the North line of said South half, 50 feet to the TRUE POINT OF BEGINNING; Thence continuing North 88°20'44" West 216.94 feet, Thence South 0115'25" West, parallel with the East lire of said South half, 329 36 feet to the South line thereof; Thence South 88°20'52" East, along the South line of said South half, 266 94 feet to the Southeast corner thereof; Thence North 0015'25" East, along the East line of said South half, 313 35 feet to a point 16 feet Southerly of said Northeast corner; Thence North 88*20'44" West, parallel with the North fine of said South Half, 50 feet; Thence North 015'25" East, parallel with the East line of said South half, 16 feet to the TRUE POiNT OF BEGINNING. The Grantor warrants that their title is free and clear of all encumbrances except: c� r - c (These blanks should be eviler filled in end mgialed by the Grantor of X'd out eompietely ) r� Q if the property of the Grantors at the time of granting this easement is unplatted but is platted prior to the recording of this document, then the Grantors do hereby authorize the Grantee to add to this agreement the designation (volume and page, etc.) of such plat, The Grantor acknowledges that part of the consideration being paid by the Grantee is for any and all damage resulting to or resulting hereafter from the possible interference of the natural flow of surface waters by Grantee's digging of pipe lines which may disturb the soil composition within said easement The Grantee shall have the right without prior institution of any suit of proceeding at law, at such time as may be necessary, to enter upon the easement for the purpose of constructing, repairing, altering or reconstructing said water mains, or making any connections herewith, without incurring any legal obligation or liability therefor, provided. F %21M1%D0C"01LFSM t?OC Page 2 of 6 07/05100 EASEMENT NO 10-23-5-14R (1) The Grantee, Water District No. 90, will restore Grantors property to a condition as good as or better than the premises were prior to entry by the Grantee, Water District No 90; (2) The District will exercise its best efforts not to damage any private improvements on the easement herein, but if it does so, it shall repair and/or replace said improvements; (3) Restoration, replacement, and repair shall be completed within 90 days of the date of any entry by the District and said restoration, replacement, or repair will be of a quality and/or quantity that is comparable or better than existed prior to the Grantee's, District's, entry upon the easement. (4) The above set forth conditions shall apply not only to the initial construction but also to any re-entry by the Water District that becomes necessary for � repair and maintenance of the water line on said easement Cr o (5) Any damage and/or removal of any omamental tree, shrub, fence, or rockery shall be replaced within the aforementioned 90 day period by the District. The Grantor shall retain the right to use the surface easement if such use does not interfere with the installation, repairing, altering or reconstructing of the water main. PROVIDED, the Grantor shall not erect buildings or structures of a permanent Cn nature on the easement during the existence of said easement. The easement, during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs, and assigns of both of the parties hereto. F %2ioDi%oOCS HM6SU DOC Page 3 of 6 07iosm AFTER RECORDING MAIL FQ Office of the City Clerk City of Renton 1055 S. Grady Way Renton WA 98055 TEMPORARY ACCESS EASEMENT Grantor CAMWESTDEVELOPMEN1, INC Grantee CITY OF RENTON Abbreviated Legal Description PTT SE 114, SE 114, SEC 10, T231s1, R5 E, KING COUNTY Reference Number of Related Documents: NONE rr. Assessor's Parcel Numbers 1023059040, 1023059039 as r CamWe%t Devclopment, Inc, a Washington corporation, for and in consideration of One Dollar (S1 00) and CQN other good and vatuahle consideration, receipt of which is hereby aoknowledged, hereby conveys to the City of Renton, a Washington municipal corporation, its successors and assigns, a temporary casement on and over the c�4 real property described as the "Easement Area" in the attached Exhibit A, for construction and maintenance of C14 an asphalt cul de sac for the benefit of the real property described ah the "Benefitted Parcel" um the attached Exhibit L3 cis o This easement is granted subject to the following terms, which Grantee agree,, to perform and obey ]'his easement shall terminate upon the dedication by Grantor to Grantee of a public road right of way on the "Burdened Parcel" a% described in the attached Exhibit A, that coanects with NE 5"' Street located on the "Benefitted Parcel " Grantee %hall defend, indemnify and hold harmless Grantor from any and all liability, lobs, damages, claims, demands, suits or expen%e%, including reasonable attorney% fees, arising out of the acts or omissions of Grantee or its invitee~, licences, servants, agents, successors and assigns in the exercise of the rights granted herein Provided, however, that Grantee shall not indemnify defend or hold harmless Grantor from any Itability, loss, damages, 4laims, demands, Butts or expense arising out of or ry ulttnS solely from the negligence of Grantor, its servants, agents or assigns The right; and obltgattons of the parties hereunder shall inure to the benefit of and be bindamg upon their respective successors and assigns Dated this 2 dray of2002 CAMW"T DEVELOPMF,NT, INC, a Washington Accepted by the City of Renton corporation 0. of•� a. By �,�'- ; . 7es annex, Mayor Eric lbampbelf, F esident � r n � � 0 j ' = Bonnier Walton, City Clerk i STATE OF WASHINGTON ) ) 43 COUNTY OF KING ) 1 certify that T know or have,atisfactory evidence that Enc Campbell 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 the instrument, and acknowledged it in his capacity as the Pre-,tdent of C imWest Development, Inc, a Washington corporation, to be the free and voluntary act of such entity For the uses and purposes mentioned in the instrument DA1 ED this 21 day of Jan Vw , 2002 1-11 ����►►►t tt1 tltf���` •� S 0 �� • i APA s *: 27 2005 r-, ev% am r� Tamp Fa%.mnt NforganPla" 0,.t29 01 C.A. M W,v;�—j (Print Arne) - -Residing at a f, i h My appointment expire,,'- _ �i/ - %app 5 2 EXHIBIT A DESCRIPTION OF EASEMENT AREA THAT PORTION OF ME EAST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNIER OF SAID SOUTHWEST QUARTER, THENCE NORTH 00°15'25" EAST ALONG THE EAST LINE THEREOF J0214 FEET TO THE TRUE POINT OF BEGINNING, THENCE NORTH 8821'09" WEST 1647 FEET TO THF, BEGINNING OF A CURVE TO THE RIGHT THE CENTER OF WHICH BEARS NORTH 59004'04" WEST 46 00 FEET THENCE ALONG SAID CURVE 242 01 FEET THROUGH A CENTRAL ANGLE OF 30125'59", THENCE SOUTH 88021'04" EAST 1756 FEET TO SAID EAST LINE, FHENCh SOUTH 00°15'25" WEST ALONG SAID EAST LINE 45 01 FEET TO TUE TRUE P01NT OF BEGINNING SITUATE IN THF CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON DESCRIPTION OF BURDENED PARCEL THE EAST Y2OF THE SOUTHWEST 1/4 OF CHl• SOUTHEAST IA OF THE SOUTI-IFAST I14 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE EAST 100 rrET OF T HE SOUTH 150 FEET THEREOF, t q AND EXCLPT THE SOU'IH 42 kEEI FHEREOF AS CONVEYED TO KING COUN IY FOR S E 128 111STREEI BY DEED RECORDED UNDER KING COUNTY RECORDING NOS 5755891 AND 5755892, SITUA I I: IN I HE. CI I Y OF RENTON, COUNTY OF KING, STATE OF WASHINGTON c� EXTUBIT B DESCRIPTION OF BENEFITTED PARCEL PARCEL A THE WEST HALF OF TUE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUAR`IER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN THE CITY OF RE.NTON, KING COUN'T'Y, WASHINGTON, EXCEPT THE SOUTH 42 FFET IHEREOF CONVEYED TO KING COUNTY FOR SOUTHEAST 1281° STREET BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 5755895 PARCEL B THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, 1N THE CITY OF RENTON, KING COUNTY, WASHINGTON, EXCEPT THE EAST 15001 FEET THEREOF, AND EXCEP T THE SOUTH 42 FEET THEREOF CONVEXED TO KING COUNTY FOR SOUTHEAST 128"" STREET BY DEED RECORDED UNDER AUD[TOR'S FILE NUMBER 5837604 4 a CD Ey,Ai6lT C, N. E. 4 th SCALE 1' - 200 � w l �P w � =f 10 11 SE CORNER OF THE SW 1/4 15 14 OF THE SE 1/4 OF THE SF ST.- ' 1 /4. OF SEC 10, IWP 23N RGE SE, W h1UmBER DELTA ANGLE RADIUS IARC LENGTH C5D 30t 25'59" 48 OQ 262 01 NUMBER DIRECTION DISTANCE L40 N QO 15'25 F 505661 L41 N 83 26 52' W 330 53' L42 N 0014'20" E 618 72' L43 N BS 21'09 W 230 30' L44 N 0015,25" E 10803 , L45 jt4 88 21'08° W 10003, L46 N 0015'25" E 50214' L47 N M270-7 09" W 16 47' L48 N 8521'09" W 1756' L49 N 00 15'25' E 45 01' L50 N 59 04"09" W 146 00' s 1A\ZAri SEI A. SEC 10.7 23 H . R 3 0 cv After Recording, Return To: Dirk A Bartram Vandeberg Johnson & Gandara 600 University St, Suite 2424 Seattle, WA 98101-1192 DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT C„ Grantor. hamrock Highlands, LLC, a Waslu ngton limited liability ion�pnauyA50,0 Cn Grantee: Transnation Title Insurance Company, 188 106th Avenue NE, Suite 660, Bellevue, WA 98004 Legal Description: FILED FOR RECORD Al THE REOUEST OF TRANSNATION FITLE INSURANCE CO Abbreviated Legal: PTN OF SE % SEC 10 TWN 23 RNG 5 R r i G CNJ Full Legal: See Schedule A3- `l7 Property Tag Parcel Numbers: 102305-9040-09, 102305-9304-00, 1.02305-9319-03, 102305- 9022-01,102305-9415-06,102305-9174-07,102305-9031-00, 102305-9191-06,102305-9384-03, €02305-9042 THIS DEED OF TRUST, ASSIGNMENT OF RENTS AND LEASES AND SECURITY AGREEMENT ("Deed of Trust) is made this 5th day of October, 2001, by Grantor, Shamrock Highlands, LLC a Washington limited liability company ("Borrower'% whose mailing address is 9720 N E. 1204 Place, Suite 100, Kirkland WA 98034 The Trustee is Transnation TITLE INSURANCE COMPANY, whose mailing address is 188 106d' Avenue NE, Suite 660, Bellevue, WA 98004 The Beneficiary is Patrick Hunsaker and Ann Marie Hunsaker, husband and wife, Jaynes Hunsaker and Denise Hunsaker, husband and wife, John Hunsaker and Norma Jean Hunsaker, husband and wife, Timothy Hunsaker and Bonnie Hunsaker, husband and wife, Brian Morrison and Cora Morrison, husband and wife, John Hoiland and Barbara Hoiland, husband and wife, and Kenneth Troseth and Sharon Troseth, husband and wife and J P. HUN LLC, a Washington limited liability company (collectively, "Lender"), whose mailing address is 12409 148th SE Renton, WA 98059 For purposes of Article 9A of the Uniform Commercial Code (RCW 62A 9A), this Deed of Trust constitutes a r WASMAMOM-HUNSAKFR RE -61 1612NCLOSMDOCOHAMRC CX 19OKLANDS DOT 1Q 04 01 DOC Security Agreement and Financing Statement with Borrower being the Debtor and Lender being the Secured Parry This Deed of Trust shall also constitute a Financing Statement filed as a fixture filing pursuant to Article 9A of the Uniform Commercial Code (RCW 62A.9A-502(c)) In consideration of the Loan described below, Borrower hereby irrevocably GRANTS, TRANS- FERS, CONVEYS and ASSIGNS to Trustee, IN TRUST, WITH POWER OF SALE, all of Borrower's present and future estate, right, title, claim, and interest, either in law or in equity, in and to the following property ("Property") (a) The real property and all rights to the alleys, streets and roads adjoining or abutting the real property described on Schedule A attached hereto ("Realty"), (b) All of Borrower's rights in easements, access, air and development rights, minerals and oil, gas and other hydrocarbon substances, royalties, water, water rights and water stock, and all other rights, hereditaments, privileges, permits, licenses, franchises and appurtenances now or hereafter belonging or in any way appertaining to the Realty, rn o (c) All buildings, improvements and tenements now or hereafter located on the Realty ("Improvements"), (d) All fixtures and articles of property now or hereafter attached to, or used or adapted for `" use in the ownership, operation or maintenance of the Realty and Improvements, including, without limitation, all heating, cooling, air-conditioning, ventilating, refrigerat- ing, plumbing, lighting, security and access control, cooking, gas, electric and communi- cation fixtures, equipment and apparatus; all conduits, pipes, pumps, tanks, ducts, water heaters and furnaces, all ranges, stoves, disposers, refrigerators and other appliances, all baths, sinks, all cabinets, partitions, mantels, built-in mirrors, window shades, blinds, screens, awnings, storm doors, windows and sash, all carpeting, underpadding, floor covering, panelling, and draperies; and all shrubbery and plants All such items shall be deemed part of the Realty and not severable wholly or in part without material injury to the freehold; (e) All of the rents, revenues, issues, profits and income of the Realty and Improvements, and all present and future leases and other agreements for the occupancy or use of all or any part of the Realty and Improvements, including without limitation all cash or security deposits, advance rentals and deposits or payments of similar native, and all guarantees of tenants' or occupants' performance under such leases and agreements, SUBJECT, HOWEVER, to the assignment of rents and other property to Lender herein contained, (f) All tangible and intangible personal property ("Personal Property") used in connection with the ownership, operation or maintenance of the Realty and Improvements, 2 P SDAIMHAMROCK•HUt"KER RE - 6i 161 2VCWSING DOCSML%MR4CK HIGHLANDS DOT 10 0401 DOC (g) All materials supplies, and other goods, wherever located, whether in the possession of Borrower, warehouseman, bailee, or any other person, purchased for use in the con- struction or furnishing of the Improvements, together with all documents, contract rights, and general intangibles relating thereto, and all proceeds thereof, (h) All of Borrower's rights in use permits, building permits, government approvals and entitlements, and applications, filing, and submittals therefore, all subdivision, tract, and parcel maps, and all surveys, All architectural drawings and specifications, site plans, plot plans, grading and erosion plans and other drawings; All architectural, engineering, surveyor, and other consultant agreements, All documents, reports, calculations, studies, plans, specifications, designs, analyses, correspondence, contracts, and other materials relating to the possible subdivision or development of the Property, including, but not Ln limited to, feasibility studies, investigative reports, souls reports, wetland studies or M delineations, environmental studies, engineering analyses, calculations or reports, biological assessments, traffic studies, or drainage analyses, and any other rights or contracts relating to the possible subdivision or development of the Property or any part thereof (the "Entitlements' } a (n) Any construction contract relating to the Improvements, together with all performance, payment, completion or other surety bonds now, or hereafter issued, by any surety in � connection with or related to said construction contract, insofar as the same may be C1 transferable by Borrower without breach of any such bond, and U) All proceeds of the foregoing TO SECURE THE FOLLOWING ("Secured Obligations") (a) Payment of the sum of FIVE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($525,000 00), plus such additional amounts and interest as specified by the terms and provisions of a Promissory Note ("Note") of even date, made by Borrower and payable to Lender, including any and all modifications, extensions, renewals and replacements thereof, (b) Payment of all sums advanced to protect the security of this Deed of Trust, including sums in excess of the amount of the Note, together with interest thereon as herein provided, (c) Payment of all other sums which are or which may become owing under the Loan Documents; (d) Performance of all of Borrower's other obligations under the Loan Documents As used herein, the term "Loan Documents" means the Note, this Deed of Trust, and that certain Assignment for Security Purposes and Security Agreement, Palanchuk Contract, of even date 3 R 10AMSHAMROCK•HUNBAKER RC-611612%CLOSING DOMSHAMROCK HIGHLANDS OOT 10.04 01 DOC herewith, by Borrower for the Benefit of Lender (the "Assignment for Security Purposes") and any and all modifications, extensions, renewals and replacements thereof The indebtedness secured by this Deed of Trust may be indexed, adjusted, renewed or renegotiated BORROWER HEREBY REPRESENTS, WARRANTS, COVENANTS AND AGREES AS FOLLOWS ARTICLE 1 TITLE AND USE 1.1 Warranty of Tale Borrower covenants and agrees that (a) Borrower is lawfully seized Cn of the estate hereby conveyed and has full right and power to grant, convey and assign 1.2 Non -Agricultural Use. Borrower represents and warrants to Lender that the Property is not used principally for agricultural or farming purposes 13 Hazardous Substances. (a) Covenant Borrower covenants and agrees that Hazardous Substances will not be generated, processed, stored, transported, handled or disposed of on the Property by itself or any person or entity of whom it has control, except in accordance with all applicable laws For purposes of this covenant Borrower is deemed to have no control over Lender or any persons or entity affiliated with Lender, or their agents, or over any persons occupying any portion of the property pursuant to the Lease/Rental Agreement dated November 20, 2000, by and between Charles and Norma Hurlocker, as Tenant and Lender (except J P HUN LLC) as Lessor (the "Hurlocker Lease") Borrower shall unmediately remedy any violation of this covenant or the consequences thereof (b) Definition "Hazardous Substance" shall mean any substance which now or hereafter becomes regulated under any federal, state or local statute, ordinance, 4 F TA01M AMROCK HUNSAKER RE 61161 ZCLOSIN0 DOCSSHAURpCK HI011LANDS QOr 10 04 01 DDC the Property, (b) the Property is free from liens, encumbrances, exceptions and other CNA charges of any kind whatsoever, except for the items ("Permitted Exceptions") listed on Schedule B, (c) no other liens or encumbrances, whether superior or inferior to this Deed m of Trust, will be created or suffered to be created by Borrower without the prior written consent of Lender, except that certain Deed of Trust with Borrower as Grantor, Richard J. Powers, Attorney at Law, as Trustee, and Base Capital, L L C , a Washington limited liability company, as Grantee, dated October 1, 2001 (the "Base Capital Deed of Trust"), and except the Development Liens (as defined in Article 7 below), and (d) Borrower shall forever warrant and defend the Property unto Lender against all claims and demands of any other person whatsoever (except those arising through Lender), subject only to non - delinquent taxes and assessments, the Permitted Exceptions and the Base Capital Deed of Trust and the Development Liens 1.2 Non -Agricultural Use. Borrower represents and warrants to Lender that the Property is not used principally for agricultural or farming purposes 13 Hazardous Substances. (a) Covenant Borrower covenants and agrees that Hazardous Substances will not be generated, processed, stored, transported, handled or disposed of on the Property by itself or any person or entity of whom it has control, except in accordance with all applicable laws For purposes of this covenant Borrower is deemed to have no control over Lender or any persons or entity affiliated with Lender, or their agents, or over any persons occupying any portion of the property pursuant to the Lease/Rental Agreement dated November 20, 2000, by and between Charles and Norma Hurlocker, as Tenant and Lender (except J P HUN LLC) as Lessor (the "Hurlocker Lease") Borrower shall unmediately remedy any violation of this covenant or the consequences thereof (b) Definition "Hazardous Substance" shall mean any substance which now or hereafter becomes regulated under any federal, state or local statute, ordinance, 4 F TA01M AMROCK HUNSAKER RE 61161 ZCLOSIN0 DOCSSHAURpCK HI011LANDS QOr 10 04 01 DDC rule, regulation or other law relating to environmental protection, contarnination or cleanup (c) Ri t of Egtty Lender is hereby authorized to enter the Property, including the interior of any structures, at reasonable tunes, and after reasonable notice, for the purpose of inspecting the Property to determine Borrower's compliance with this paragraph. ARTICLE 2 BORROWER'S COVENANTS 21 Payment and Performance of Secured Obligations Borrower shall pay when due all =' sums which are now or which may become owing under the Note, and shall pay and � perform all other Secured Obligations in accordance with their terms c.� 2.2 Payment of Taxes, Utilities, Liens and Charges. c-+ — C (a) Taxes and Assessments Borrower shall pay when due directly to the payee ¢- thereof all taxes and assessments (including without limitation, non-governmental r- levies or assessments such as maintenance charges, owner association dues or charges, or fees, levies or charges resulting from covenants, conditions or "' restrictions) levied, assessed or charged against or with respect to the Property or this Deed of Trust. Upon request, Borrower shall promptly furnish to Lender all notices of amounts due under this subparagraph and all receipts evidencing such payments. (b) Utilities. Borrower shall pay when due all utility charges and assessments for services furnished the Property, except to the extent such charges are an obligation of Lender as occupant of the Property, or of the Hurlockers under the Hurlocker Lease (c) Labor and Materials Borrower shall pay when due the claims of ail persons supplying labor or materials to or in connection with the Property at the request of Borrower or its subcontractors, contractors or agents (d) Liens and Charges Borrower shall promptly discharge any lien, encumbrance, or other charge, whether superior or inferior to this Deed of Trust, which may be clumed against the Property except the Base Capital Deed of Trust, the Development Liens and the Permitted Exceptions or any items arising from or through Lender; provided that Borrower shall have the right to contest the amount or validity in whole or in part of any lien, encumbrance or other charge against the Property by appropriate proceedings conducted in good faith and with due diligence, in which event Borrower, upon prior written notice to Lender, may postpone or defer payment of such lien, encumbrance or other charge so long as F WAB1SHAMROCK4UN "M RL - 61161 11CLOSiNG DOGSkSHAMK= HIGHLANDS DOT 10 04 01 DOC (i) such proceedings shall operate to prevent the collection of the lien, encumbrance or other charge, (ii) neither the Property nor any part thereof will, by reason of such postponement or deferment, be in danger of being forfeited or Iost, and (iii) Borrower, before the date such lien, encumbrance or other charge becomes delinquent, gives such reasonable security as may be requested by Lender to ensure payment thereof and prevent any forfeiture or loss of the Property or any part thereof 23 Insurance (a) Coverages Required. Borrower shall keep the following insurance coverages in effect with respect to the Property C" M (1) Insurance against loss by fire and the hazards now or hereafter embraced by the standard "All Risk" form of insurance, in an amount equal at all times to the full insurable value of the Improvements (2) Comprehensive public liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Property in �. amounts and on terms acceptable to the Lender (b) Policies. Each insurance policy shall be from a company and in a form acceptable to Lender Each hazard insurance policy will include a mortgagee indorsement in favor of and in form acceptable to Lender All required policies will provide for at least thirty (30) days' written notice to Lender prior to the effective date of any cancellation or material amendment, which term shall include any reduction in the scope or limits of coverage. Borrower shall furnish to Lender a certificate of insurance setting forth the coverage, the limits of liability, the carrier, the policy number and the expiration date. As security for the Secured Obligations, Borrower hereby assigns to Lender all required insurance policies, together with all proceeds thereof, rights thereto and all unearned premiums returnable upon cancellation (c) Payment, Renewals Borrower shall promptly furnish to Lender all renewal notices relating to insurance policies Borrower shall pay all prenuums on insurance policies directly to the carrier Prior to the expiration date of each such policy, Borrower shall furnish to Lender a renewal certificate in a form acceptable to Lender, together with evidence that the renewal premium has been paid (d) Application of Insurance Proceeds In the event of any loss, Borrower shall give prompt written notice thereof to the insurance carrier and Lender. Borrower agrees to promptly take any and all action necessary to collect and receive the maximum allowable amount of insurance proceeds payable If the Borrower elects to restore or repair the Property, the proceeds will be applied to such 0 r 1UAWHAMROCK HUHSAKER AL 61161 2WLOSINO DOCS SHAMROCK IIfGM AMRS DoT 10 04 01 DOC restoration or repair. If Borrower elects not to restore or repair the Property, then the proceeds will be applied to the full payment of the Secured Obligations, whether then due and payable or not Any such application of proceeds to principal on the Note shall be without the imposition of any prepayment fee otherwise payable under the Note, but shall not extend or postpone the due dates of the installment payments under the Note, or change the amounts thereof (e) Transfer of Title. If the Property is sold pursuant to Article 9A or if Lender otherwise 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 thereon and in and to the proceeds resulting from any damage to the Property prior to such sale or acquisition. cn r= 2.4 Preservation and Maintenance of Property. Rip -lit of Entry M - CZ) (a) Preservation and Maintenance Borrower shall (i) not commit or suffer any waste CM or permit any impairment or deterioration of the Property, (n) not abandon the C:, Property, and (iii) keep the Property in good condition and repair, and (iv) generally operate and maintain the Property in a commercially reasonable manner � (b) Right of Entry. Lender is hereby authorized to enter the Property, including the interior of any structures, at reasonable times and after reasonable notice, for the purpose of inspecting the Property to determine Borrower's compliance with this paragraph and for the purpose of performing any act authorized under this Deed of Trust 25 Use of Property. Borrower shall comply with all laws, ordinances, regulations and re- quirements of any governmental body, and all other covenants, conditions and restric- tions applicable to the Property, and pay all fees and charges in connection therewith 26 Condemnation (a) Proceedings Borrower shall promptly notify Lender of any action or proceeding relating to any condemnation or other taking (including without limitation any change in the grade of the Property), whether direct or indirect, of the Property or part thereof or interest therein, and Borrower shall appear in and prosecute any such action or proceeding unless otherwise directed by Lender in writing. All proceeds of any condemnation awards, payments, damages or claims shall be paid to Borrower (b) Application of Condemnation Proceeds Borrower shall apply any such proceeds to the payment of the Secured Obligations, whether then due and payable or not 7 F OABWA1w AM-HUNSAKU RE • 61161 MCLDSINO DOCNHAMAOCK HIGMANDS 007 M44 01 DOC 2.7 Protection of Lender's Security. Borrower shall give notice to Lender of and shall appear in and defend any action or proceeding that may affect the Property, the interests of Lender or Trustee therein, or the rights or remedies of Lender or Trustee under the Loan Documents If any such action or proceeding is commenced, or Borrower fails to perform any obligation under the Loan Documents, Lender or Trustee may, at their option, make any appearances, disburse any sums, snake any entries upon the Property, and take any actions as may be necessary or desirable to (a) protect or enforce the security of this Deed of Trust or of the Loan Documents, (b) remedy Borrower's failure to perform its obligations under the Loan Documents (without waiving such default by Borrower), or (c) otherwise protect Lender's or Trustee's interests Borrower shall pay all losses, damages, fees, costs, and expenses incurred by Lender and Trustee in taking such actions; including without limitation reasonable legal fees c7► m 28 Reimbursement of Lender's and Trustee's Expenses All amounts disbursed by Lender and Trustee pursuant to paragraph 2,7 or any other provision of this Deed of Trust or of C� the Loan Documents, with interest thereon, shall be additional indebtedness of Borrower secured by this Deed of Trust All such amounts shall be immediately due and payable � and bear interest from the date of disbursement at the lesser of the default rate under the 1 Note, or the maximum rate permitted by law 0 2 9 Superior Liens Borrower shall promptly and timely make all of its payments and "' perform all of its obligations secured by the Base Capital Deed of Trust the Permitted Exceptions, any Development Lien or by any other hen superior to the lien of this Deed of Trust and shall allow no default thereunder Borrower shall promptly cure any default under the Base Capital Deed of Trust, the Permitted Exceptions, any Development Lien, or any other lien superior to the lien of this Deed of `frust within any applicable cure period provided for such default Borrower shall promptly forward to Lender any notice of default it receives from the holder of any lien superior to the lien of this Deed of Trust and, in any event, within such period of time as will allow Lender to protect the security of the lien of this Deed of Trust ARTICLE 3 [ INTENTIONALLY OMITTED, ARTICLE 4 RESTRICTIONS ON TRANSFER OR ENCUMBRANCE Except for the Base Capital Deed of Trust, the Permitted Exceptions or Development Liens, neither the Property nor any part thereof or interest therein shall be encumbered, sold (by contract or otherwise), conveyed, or otherwise transferred by Borrower, nor shall the Property be vacated; nor shall there be any change in (a) the ownership or control of Borrower's stock if Borrower is a corporation, or the ownership or control of Borrower's membership or other equity interests if Borrower is a limited liability company, (b) the ownership or control of any general partnership interest in Borrower if Borrower is a partnership, (c) the ownership or control of any r 1DAI; HAMR=-mNSAxtK RE. 6t m ZCLOSINO dOMWAMROCK Hlfi}{I.ANDS DO f 10 0441 DOC c» M cv cz e� r cv beneficial interests in Borrower if Borrower is not otherwise a natural person or persons, or (d) the ownership or control of any stock, any limited liability company interest, any general partnership interest, or any other beneficial interest in any corporation, partnership, limited liability company or other entity that has an ownership interest in Borrower, provided, however, that shares of CamWest Development, Inc may be placed in a trust in which the sole trustee is Eric Campbell Any such prohibited action without Lender's prior written consent shall be deemed to be a prohibited transfer and increase the risk of Lender, and shall constitute an Event of Default if not corrected within five (5) days after Lender's delivery of written demand to Borrower Lender's prior written consent shall not be unreasonably withheld as to a transfer of membership interests in Borrower by a member other than CamWest Development, Inc, but only if (i) immediately after such transfer, CamWest Development Inc owns and controls the same or higher percentage of all of Borrower's membership and other equity interests as it held immediately prior to such transfer, and (ii) Borrower is not then in default under any of the Loan Documents Borrower hereby represents and warrants to Lender that (i) Eric Campbell or his marital community is the sole owner of all of the shares and other equity interests in CamWest Development, Inc; and (ii) CamWest Development, Inc owns fifty-five percent (55%) of all membership and other equity interests in Borrower ARTICLE 5 UNIFORM COMMERCIAL CODE SECURITY AGREEMENT 51 Grant to Lender This Deed of Trust constitutes a security agreement pursuant to the Uniform Commercial Code with respect to (a) Any of the Property which, under applicable law, is not real property or effectively made part of the real property by the provisions of this Deed of Trust, and (b) Any and all other property now or hereafter described on any Uniform Com- mercial Code Financing Statement naming Borrower as Debtor and Lender as Secured Party and affecting property in any way connected with the use and enjoyment of the Property (any and all such other property constituting "Property" for purposes of this Deed of Trust); and Borrower Hereby grants Lender a security interest in all property described in clauses (a) and (b) above as security for the Secured Obligations Borrower and Lender agree, however, that neither the foregoing grant of a security interest nor the filing of any such financing statement shall be construed as limiting the parties' stated intention that every- thing used in connection with the production of income from the Property, or adapted for use therein, or which is described or reflected in this Deed of Trust, is and at all times shall be regarded as part of the Realty L'] r vxkwiHA Rom HUNSAKER RE -mw Z1MOSING DOCWHAMROCK HIGHLANDS DOT 1004 01 DOC 52 Lender's Rights and Remedies. With respect to the property subject to the foregoing security interest, Lender shall have all of the rights and remedies (a) of a secured party under the Uniform Commercial Code, (b) provided herein, including without limitation the right to cause such Property to be sold by Trustee under the power of sale granted by this Deed of Trust, and (c) provided by law In exercising its remedies, Lender may proceed against the items of real property and any items of personal property separately or together and in any order whatsoever, without in any way affecting the availability of Lender's remedies Upon demand by Lender following an Event of Default hereunder, Borrower will assemble any items of personal property and make them available to Lender at the Property Lender shall give Borrower at least five (5) days' prior written notice of the time and place of any public sale or other disposition of such Property or of the time of or after which any private sale or any other intended disposition is to be made. Any person permitted by law to purchase at any such sale may do so Such property may be sold at any one or more public or private sales as permitted by applicable law ch C1 ARTICLE 6 ASSIGNMENT OF RENTS AND LEASES, LEASES OF PROPERTY APPOINTMENT OF RECEIVER, LENDER IN POSSESSION 61 Assignment of Rents and Leases. As part of the consideration for the Secured Obliga- tions, bligestions, and not as additional security therefor, Borrower hereby absolutely and uncondi- tionally assigns and transfers to Lender all right, title and interest of Borrower in and to (a) any and all present and future leases, subleases, and other agreements for the occupancy or use of all or any part of the Property, and any and all extensions, renewals and replacements thereof ("Leases"), (b) all cash or security deposits, advance rentals and deposits of a similar nature under the Leases; (c) any and all guarantees of tenants' or occupants' performances under any and all Leases, and (d) all rents, issues, profits and revenues ("Rents") now due or which may become due or to which Borrower may now or shall hereafter become entitled or may demand or claim (including Rents coming due during any redemption period), arising or issuing from or out of any and all Leases, including without limitation minimum, additional, percentage and deficiency rents and liquidated damages 62 Collection of Rents Prior to any Event of Default hereunder, Borrower shall have a license to, and shall, collect and receive all Rents of the Property as trustee for the benefit of Lender and Borrower, apply the Rents so collected first to the payment of taxes, assessments and other charges on the Property prior to delinquency, second to the cost of insurance, maintenance and repairs required by the terms of this Deed of Trust, third to the casts of discharging any obligation or liability of Borrower under the Leases, and fourth to the Secured Obligations, with the balance, if any, to the account of Borrower provided there is no Event of Default Upon delivery of written notice by Lender to Borrower of an Event of Default hereunder and stating that Lender exercises its rights to the Rents, and without the necessity of Lender entering upon and taking and maintaining frill control of the Property in person, by agent or by a court-appointed receiver, Lender 14 r ummsHAMROcK HUNSAKEA RE 61161 ZCL4)SINCyDOCPSUA) WCK 1IIGIILANDS DDT 14 O4 Ot WC shall immediately be entitled to possession of all Rents from the Property as the same become due and payable, including without limitation 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 Upon delivery of such written notice by Lender, Borrower hereby agrees to direct each tenant or occupant of the Property to pay all Rents to Lender on Lender's written demand therefor, without any liability on the part of said tenant or occupant to inquire further as to the existence of a default by Borrower Borrower hereby authorizes Lender as Borrower's attorney-in-fact to make such direction to tenants and occupants upon Borrower's failure to do so as required herein Payments made to Lender by tenants or occupants shall, as to such tenants and occupants, be in discharge of the payors' obligations to Borrower Lender may exercise, in Lender's or Borrower's name, all rights and remedies available to Borrower with respect to collection of Rents. Nothing herein contained shall be construed as obligating Lender to perform any of C+ Borrower's obligations under any of the Leases. era a•, 63 [Intentionally omitted] c C1 6.4 Leases of the Property. Borrower shall comply with and observe Borrower's obligations c as landlord under all Leases and will do all that is necessary to preserve all Leases in force and free from any right of counterclaim, defense or setoff All commercial Leases W311 specifically provide that the tenant attoms to any person succeeding to the interest of Borrower upon any foreclosure of this Deed of Trust or conveyance in lieu thereof, such r.. attornment shall be in such form as Lender may approve and shall provide that Tenant shall not have the right of set off or defense to payment of rents for any event or act that occurred prior to such successor obtaining title to Borrower's interest except to the extent such event or act is continuing at the time such successor obtains such title Tenant shall also agree to execute such further evidences of attornment as Lender may from time to time request 65 Lender in Possession Appointment of Receiver Upon any Event of Default hereunder, Lender may, in person, by agent or by a court-appointed receiver, regardless of the adequacy of Lender's security, enter upon and take and maintain full control of the Property in order to perform all acts necessary and appropriate for the operation and maintenance thereof in the same manner and to the same extent as Borrower could do the same, including without limitation the execution, enforcement, cancellation and modifi- cation of Leases, the collection of all bents of the Property, the removal and eviction of tenants and other occupants, the making of alterations and repairs to the Property, and the execution and termination of contracts providing for management or maintenance of the Property, all on such terms as are deemed best by Lender to protect the security of this Deed of Trust From and after the occurrence of any such Event of Default, if any owner of the Property shall occupy the Property or, part thereof such owner shall pay to Lender in advance on the first day of each month a reasonable rental for the space so occupied, and upon failure so to do Lender shall be entitled to remove such owner from the Property by any appropriate action or proceedings Following an Event of Default here - 11 F MMMSHAMROCK.HVM4AYFK lip 41141 2%CLOSM DOCSWLkMRM IIIO]ILANDS DOT ]D D4 Ot DOC under, Lender shall be entitled (regardless of the adequacy of Lender's security) to the appointment of a receiver, Borrower hereby consenting to the appointment of such receiver Said receiver may serve without bond and may be Lender or an employee of Lender The receiver shall have, in addition to all the rights and powers customarily given to and exercised by such receivers, all the rights and powers granted to Lender in this Article 6 Lender or the receiver shall be entitled to receive a reasonable fee for so managing the Property 66 Application of Rents All Rents collected subsequent to delivery of written notice by Lender to Borrower of an Event of Default hereunder shall be applied first to the costs, if any, of taking control of and managing the Property and collecting the Rents, including without limitation attorneys' fees, receiver's fees, premiums on receiver's bonds, costs of maintenance and repairs to the Property, premiums on insurance policies, taxes, assess- ments and other charges on the Property, and the costs of discharging any obligation or liability of Borrower under the Leases, and then to the Secured Obligations Lender or the receiver shall be liable to account only for those Rents actually received Lender shall not be liable to Borrower, anyone claiming under or through Borrower or anyone having Q' an interest in the Property by reason of anything done or left undone by Lender under this C= Article. r _ 6 7 Deficiencies. To the extent, if any, that the costs of takrng control of and managing the o Property, collecting the Rents, and discharging obligations and liabilities of Borrower C" under the Leases, exceed the Rents of the Property, the excess sums expended for such purposes shall be indebtedness secured by this Deed of Trust Such excess sums shall be payable upon demand by Lender and shall bear interest from the date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law 6.8 Lender Not Mortgagee in Possession. Nothing herein shall constitute Lender a "mort- gagee in possession" prior to its actual entry upon and taking possession of the Property Entry upon and taking possession by a receiver shall not constitute possession by Lender. 69 Enforcement Lender may enforce the assignment without first resorting to or exhausting any security or collateral for the Secured Obligations ARTICLE 7 SUBORDINATION Subject to the conditions set out herein, the lien of this Deets of Trust shall be subordinate to the following liens: (a) The Base Capital Deed of Trust, to the extent set forth in that certain Subordination Agreement of even date herewith between Lender, Borrower and Base Capital, LLC, 12 F QWSHAMKOCK-HUNSAM RC -61 L61 21CU)SING DCMSHAMROCK HIGHLANDS DOT LORI -0i DOC c+^s C%4 c (b) That certain deed of trust dated as of January 0', 2001, between Patrick Hunsaker and Ann Mane Hunsaker, James Hunsaker and Denise Hunsaker, John Hunsaker and Norma Jean Hunsaker, Timothy Hunsaker and Bonnie Hunsaker, Brian Momson and Cora Momson, John Hoiland and Barbara Holland, Kenneth Troseth and Sharon Troseth as grantors for the benefit of Charles Hurlocker and Norma Hurlocker, husband and wife, who have assigned their interest to April Showers Family Linmed Partnership, a Washington L P, securing a promissory note in the original face amount of $355,000, recorded at King County Auditor file no 20010109000191 (the "Hurlocker Deed of Trust" }, (c) That certain deed of trust dated as of April 16, 2001, between J P HUN LLC, a Washington limited liability Company, as grantor, for the benefit of Bales Limited Partnership, a Washington Imuted partnership, securing a pronussory note in the original face amount of $400,000, recorded at King County Auditor file no 20010420000751 (the "Bales Deed of Trust' ); and (d) That certain deed of trust dated as of January 17th, 2001, between Patrick Hunsaker and Ann Mane Hunsaker, James Hunsaker and Denise Hunsaker, John Hunsaker and Norma Jean Hunsaker, Timothy Hunsaker and Bonnie Hunsaker, Brian Morrison and Cora Momson, John Hoiland and Barbara Hoiland, Kenneth Troseth and Sharon Troseth, for the benefit of Roy R. Smith and Ruby P Smith, husband and wife, securing a promissory note in the original face amount of $220,000, recorded at King County Auditor file no 20010119001337 (the "Smith Deed of Trust") Further, the lien of this deed of trust shall be subordinate to any Development Lien, as defined below For the purposes of this Article VII, a "Development Lien" shall mean any lien created by or through Borrower for a loan the proceeds of which are used exclusively for (t) the development of a residential subdivision on the Realty and the Palanchuk Property, but on no outer real property, or (n) the retirement of the amounts secured by thus Deed of Trust, the Assignment for Secunty, the Base Capital Deed of Trust, the Hurlocker Deed of Trust, the Bales Deed of Trust, or the Smith Deed of Trust, or (iii) the acquisition of the Palanchuk Property, provided that upon acquisition of the Palanchuk Property by Borrower this Deed of Trust shall be recorded against the Palanchuk Property and the Palanchuk Property shall become collateral for the obligations secured by the lien of this Deed of Trust This Article VII shall not apply to subordinate the lien of this Deed of Trust to any mechanic's or matenalman's lien, any other liens for labor or services performed or materials provided to the development of the Realty or improvements thereon, or any other statutory orjudgment lien The foregoing notwithstanding, the lien of this Deed of Trust shall not be subordinate to any Development Lien created after the occurrence of any default under the Note, any Event of Default under this Deed of Trust or any of the other Loan Documents, any default under the Base 13 F TAMSHAMROCK HU14SAKER RC -61161 MOSING DOCS4HAMR= HIG11LANDS DOT 10 04 01 DOC Capital Deed of Trust, the Hurlocker Deed of Trust, the Bales Deed of Trust, the Smith Deed of Trust, or any then -existing Development Lien or the act or omission of Borrower that would constitute any such event or occurrence. ARTICLE 8 EVENTS OF DEFAULT 8.1 Events of Default The occurrence of any one or more of the following shall constitute an Event of Default hereunder (a) A default under the Note, or the failure to make any payment under this Deed of Trust wgtlun fifteen (15) days after its due date (b) The occurrence of a default under any of the Permitted Exceptions or the Base Cn Capital Deed of Trust, or any Development Lien, if not cured within any cure period given in the Permitted Exceptions or the Base Capital Deed of Trust or the cn Development Liens with regard to such default. Ca (c) The failure to perform any other covenant, agreement or obligation under this Beed of Trust within the time allowed If no cure period is otherwise specified for such default, the cure period shalt be within thirty (30) days after Lender's delivery of written demand to Borrower, or if such cure cannot in Lender's opinion be completed within such thirty (30) day period, and Borrower commences the required cure within such thirty (30) day period and thereafter continues the cure with diligence, the cure period shall be ninety (90) days after Lender's delivery of such written demand (d) A default under the Assignment for Security Purposes. (e) Borrower or any Member thereof or any guarantor or any trustee of Borrower or any Member thereof or any guarantor files a petition in bankruptcy or for an arrangement, reorganization or any other form of debtor relief; or such a petition is filed against Borrower or any Member thereof or any guarantor or any trustee of Borrower or any Member thereof or any guarantor and the petition is not dismissed within forty-five (45) days after filing (f) A decree or order is entered for the appointment of a trustee, receiver or liquidator for Borrower or any Member thereof or any guarantor for Borrower or any Member thereof s or any guarantor's property, and such decree or order is not vacated within forty-five (45) days after the date of entry (g) Borrower or any Member thereof or any guarantor commences any proceeding for dissolution or liquidation, or any such proceeding is commenced against 14 F 1DAff SHAMROCK•HUNSAK$R AG - 61161 2WLOSM DOCOHAMROCK H1diLANDS DOT 1004 01 DOC Borrower or any Member thereof or any guarantor and the proceeding is not dismissed within forty-five (45) days after the date of commencement (h) Borrower or any Member thereof or any guarantor makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due (i) There is an attachment, execution or other judicial seizure of any portion of Borrower's or any Member thereof s or any guarantor's assets and such seizure is not discharged within ten (10) days (j) Any representation or disclosure made to Lender by Borrower in Article 4 above c7, proves to be materially false or misleading when made Cn 82 Form. of Notice. At Lender's option, any written notice of default given to Borrower under paragraph 8 1 may be given in the form of a statutory notice of default under the CZN top,) Washington Deed of Trust Act or any other form as Lender may elect. c� ARTICLE 9 REMEDIES c, 9.1 Acceleration Upon Default, Additional Remedies Upon any Event of Default, Lender may, at its option and without notice to or demand upon Borrower, exercise any one or more of the following actions - (a) Declare all the Secured Obligations immediately due and payable (b) Bring a court action to enforce the provisions of this Deed of Trust or any of the other Loan Documents (c) Foreclose this Deed of Trust as a mortgage. (d) Cause any or all of the Property to be sold under the power of sale granted by this Deed of Trust in any manner permitted by applicable law (e) Elect to exercise its rights with respect to the Leases and the Rents (f) Exercise any or all of the other rights and remedies under this Deed of Trust and the other Loan Documents. (g) Exercise any other right or remedy available under law or in equity 92 Exercise of Power of Sale For any sale under the power of sale granted by this Deed of Trust, Lender or Trustee shall record and give all notices required by law and then, upon is r 1DAa�SHAMROCK.WNSAKCR RK -63161 XCLOSING DOCS%SKAMROCK HIGHLANDS Doi 10 N 01 DOC the expiration of such time as is required by law, Trustee may sell the Property upon any terms and conditions specified by Lender and permitted by applicable law Trustee may postpone any sale by public announcement at the time and place noticed for the We If the Property includes several lots or parcels, Lender in its discretion may designate their order of sale or may elect to sell all of them as an entirety The Property, real, personal and mixed, may be sold in one parcel. To the extent any of the Property sold by the Trustee is personal property, then Trustee shall be acting as the agent of the Lender in selling such Property Any person permitted by law to do so may purchase at any sale Upon any sale, Trustee will execute and deliver to the purchaser or purchasers a deed or deeds conveying the Property sold, but without any covenant or warranty, express or � implied, and the recitals in the Trustee's deed showing that the sale was conducted m Cn compliance with all the requirements of law shall be prima facie evidence of such a. compliance and conclusive evidence thereof in favor of bona fide purchasers and en - C" cumbrancers for value. CM , 9.3 Application of Sale Proceeds The proceeds of any sale under this Deed of Trust will be apphed in the following manner FIRST Payment of the costs and expenses of the sale, including without lumitation Trustee's fees, legal fees and disbursements, title charges and transfer taxes, and payment of all expenses, liabilities and advances of Trustee, together with interest on all advances made by Trustee from date of disbursement at the lesser of the default rate under the Note or the maximum rate permitted by law. SECOND: Payment of all sums expended by Lender under the terms of this Deed of Trust or under the terms of the Loan Documents and not yet repaid, together with interest on such sums from date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law THIRD Payment of all other Secured Obligations in any order that the Lender chooses. FOURTH The remainder, if any, to the person or persons legally entitled to it 9.4 Waiver of Order of Sale and Marshalling Lender shall have the right to determine the order in which any or all portions of the secured indebtedness are satisfied from the proceeds realized upon the exercise of any remedies provided herein Borrower, any party who consents to this Deed of Trust and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof, hereby waives any and all right to require marshalling of assets in connection with the exercise of any of the remedies permitted by applicable law or provided herein, or to direct the order in which any of the Property will be sold in the event of any sale under this Deed of Trust 16 r %bAB'LSHAMROCK.HUNSAKER RE - 61161 MCI.OSING DOMSHAMAOCK HIGHLANDS DOT 10 04 01 DOC 95 Non -Waiver of Defaults The entering upon and taking possession of the Property, the collection of Rents or the proceeds of fire and other insurance policies or compensation or awards for any taking or damage of the Property, and the application or release thereof as herein provided, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice 9.6 Expenses During Redemptton Penod If this Deed of Trust is foreclosed as a mortgage and the Property sold at a foreclosure sale, the Purchaser may during any redemption period allowed, make such repairs or alterations on the Property as may be reasonably necessary for the proper operation, care, preservation, protection and insuring thereof �r Any sums so paid together with interest thereon from the time of such expenditure at the Iesser of the default rate under the Note, or the maximum rate permitted by law, shall be added to and become a part of the amount required to be paid for redemption from such Q sale cz> 97 Foreclosure Subiect to Tenancies Lender shall have the nght at its option to foreclose r'- this Deed of Trust subject to the rights of any tenant or tenants of the Property 98 [Intentionally omitted] c.+ 99 Remedies Cumulative To the extent permitted by law, every right and remedy provided m this Deed of Trust is distinct and cumulative to all other rights or remedies under this Deed of Trust or afforded by law or equity or any other agreement between Lender and Borrower, and may be exercised concurrently, independently or successively, in any order whatsoever Lender may exercise any of its rights and remedies at its option without regard to the adequacy of its security 910 Lender's and Trustee's Expenses. Borrower shall pay all of Lender's and Trustee's expenses incurred in any efforts to enforce any terms of this Deed of Trust, whether or not any suit is filed, including without limitation legal fees and disbursements, fore- closure costs and title charges All such sums, with interest thereon, shall be additional indebtedness of Borrower secured by this Deed of Trust Such sums shall be imme- diately due and payable and shall bear interest from the date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law ARTICLE 10 (NUT APPLICABLE) 17 F M)A3%SHAMROCK HUMAK1'sR A8 61161 Z1CJ OSWO SOCK HJGM ANDS 001 10 04 OL DOC ARTICLE 11 GENERAL 11 1 No Offset Borrower's obligation to timely pay and perform all obligations under the Note, this Deed of Trust, and the other Loan Documents shall be absolute and uncondi- tional and shall not be affected by any event or circumstance, including without ltmita- tion any setoff, counterclaim, abatement, suspension, recoupment, deduction, defense or any other right that Borrower or any guarantor may have or claim against Lender or any other person or entity The foregoing shall not constitute a waiver of any claim or demand which Borrower or any guarantor may have in damages or otherwise against �.� Lender or any other person or entity; provided that Borrower shall maintain a separate action thereon N c 112 Aunlication of Payments Except as applicable law or this Deed of Trust may otherwise provide, all payments received by Lender under the Note or this Deed of Trust shall be p applied by Lender in the following order of priority (a) Lender's and Trustee's expenses r_' incurred in any efforts to enforce any terms of this Deed of Trust or of the Loan Documents; (b) interest payable on advances made to protect the security of flus Deed of Trust or of the Loan Documents; (c) principal of such advances, (d) interest and late charges payable on the Note, (e) principal of the Note, and (f) any other Secured Obligations in such order as Lender, at its option, may determine; provided, however, that Lender may, at its option, apply any such payments received to interest on or principal of the Note prior to applying such payments to interest on and principal of advances made to protect the security of this Deed of Trust 113 Reconveyance. Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled thereto The grantee in any reconveyance may be described as the "person or persons legally entitled thereto," and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof Such person or persons shall pay Trustee's reasonable casts incurred in so reconveying the Property 114 Successor Trustee In accordance with applicable law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties con- ferred upon the Trustee herein and by applicable law 115 Lender's Powers Without affecting the liability of any person for payment or per- formance of the Secured Obligations or any of Lender's rights or remedies, Lender, at its option, may extend the time for payment of the indebtedness secured hereby or any part thereof, reduce payment thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of the 18 rNDAB%SKAMR0CK-KWSARERRE-61161 2 IMINoDOCMAMOCKMCHLANDS aor Lo -a 01 DOC indebtedness, release the lien of this Deed of Trust on any part of the Property, take or release other or additional security, release or reconvey or cause to be released or reconveyed all or any part of the Property, or consent and/or cause Trustee to consent to the making of any map or plat of the Property, consent or cause Trustee to consent to the granting of any easement or creating any restriction on the Property, or join or cause Trustee to ,loin in any subordination or other agreement affecting this Deed of Trust or the lien or charge hereof 116 Subrogation Lender shall be subrogated for further security to the hen, although released of record, of any and all encumbrances discharged, in whole or in part, by the proceeds of the Note or any other indebtedness secured hereby. 117 Limitation on Interest and Charges. The interest, fees and charges under the Loan Documents shall not exceed the maximum amounts permitted by any applicable law. If any such interest, fee or charge exceeds the maximum, the interest, fee or charge shall be reduced by the excess and any excess amounts already collected from Borrower shall be refunded. Lender may refund such excess either by treating the excess as a prepayment of principal under the Note or by making a direct payment to Borrower. If Lender elects to treat the excess as a prepayment of principal, Borrower shall not be obligated to pay any prepayment premium required under the Note The provisions of this paragraph shall control over any inconsistent provision in the Loan Documents 118 Intentionally omitted] 119 [Intentionally omitted] 11 10 _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, and no waiver by Lender of any particular default shall constitute a waiver of any other default or of any similar default in the future Without limiting the generality of the foregoing, the acceptance by Lender of payment of any sum secured by this Deed of Trust after the due date thereof shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to 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 Deed of Trust, nor shall Lender's receipt of any awards, proceeds or damages under paragraphs 2 3 and 2 6 hereof operate to cure or waive Borrower's default in payment of suras secured by this Deed of Trust 11.11 Modifications and Waivers This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought 19 T' hDA91SHAMROCK-HUNSAKER RC - 61141 MCLOSING OOCS%SHAMAOCK HIGHLANDS DOT 30 04 01 ODC 11 12 Notice. Any notice to Borrower under flus Deed of Trust shall be to the address noted above or such other address as may be designated by Borrower in writing and shall be deemed to have been given on the date delivered in the case of personal delivery or, if mailed, three (3) days after the postmark thereof. 11.13 Governing LawiSeverabilrty, Captions. This Deed of Trust shall be governed by the laws of the State of 'Washington if any provision or clause of this Deed of Trust conflicts with applicable law, such conflicts shall not affect other provisions or clauses hereof which can be given effect without the conflicting provision, and to this end the cr provisions hereof are declared to be severable The captions and headings of the para- graphs and articles of this Deed of Trust are for convenience only and are not to be used C%4 to interpret or define the provisions hereof "' 11 14 Definitions As used herein- the term "Borrower" means the Borrower herein named, o together with any subsequent owner of the Property or any part thereof or interest therein, w' the term "Trustee" means the Trustee herein named, together with any successor Trustee, and the term "Lender" means the Lender herein named, together with any subsequent owner or holder of the Note or any interest therein, including pledgees, assignees and c.1 participants. 11 15 Successors and Assigns, Joint and Several Liability, Agents This Deed of Trust shall bund and inure to the benefit of the parties hereto and their respective heirs, devisees, legatees, administrators, executors, successors and assigns, subject to the provisions of Article 4 hereof Each person executing this Deed of Trust as Borrower shall be jointly andseverally liable for all obligations of Borrower hereunder In exercising any rights hereunder or taking actions provided for herein, Lender and Trustee may act through their respective employees, agents or independent contractors as authorized by Lender and Trustee 11.16 Number Gender. This Deed of Trust shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders 11 17 Time Time is of the essence in connection with all obligations of Borrower herein 11 18 Request for Notice. Borrower hereby requests that a copy of any notice of default and notice of sale hereunder be mailed to it at its address set forth at the beginning of this Deed of Trust F F 1DAEMHAMOCK HUNSAKFA M -61161 TOCLOSM bMNSHAMROCK HIGHLANDS IDOT 30 04 01 DOC IN WITNESS WHEREOF, Borrower has executed this Deed of Trust as of the date first above written BORROWER: SHAMROCK. HIGHLANDS, LLC, a Waslungton Limited Liability Company By CAMWEST DEVELOPMENT, INC Its Managing Member m M By:-r-;;A�aAw2 4p Eric pbell resident os 0 a N 21 P )DAELSHAMROCK•HUNSAKER RE -61161 ZCL0SFN0 D0CMHAMROCK HIGHLANDS DDT 10 04 01 DOC tV C" 0 STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this day personally appeared before me Eric Campbell, to me known to be the President of CamWest Development, Inc., a Washington corporation, the corporation that executed the within and foregoing instrument in its capacity as managing member of Shamrock Highlands, LLC, a Washington limited liability company, and acknowledged said instrument to be the free and voluntary act and deed of said corporation and said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument, and that the seal affixed, if any, is the corporate seal of said corporation GIVEN under my hand and official seal this day of. -Qd , 2041 ,•`iN 4 4&M'.toN 1 ''�.,tiHptg .• 1 {Print Name) NOTARY PUBLIC in and for the State of Washington, miding at 6i -L4' v F - My appointment expires. 3j 7-ovr Axa F WAMHAMROCK R MSAKFR RF - A 161 ZTLOSIMG DOMMIAMROCK HIGHLANDS DDT 10-N 01 DOC SCHEDULE A (REALTY) PARCEL A: THE EAST '/z OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF, AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E 128 TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS 5755891 AND 5755892, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON c.+ PARCEL B: G, THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST'/Z OF THE SOUTHWEST r- 1/4 OF THE SOUTHEAST I/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S.E 128 TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO 5755891, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO: 12. Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded instrument Inquiries regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY]AGENCY CITY OF RENTON RECORDED JUNE 21, 1996 RECORDING NO. - 9606210966 (Covers Parcels A & B) 23 F IDAMSHAkRtOCK-MUN$AKLit ¢1r. 61161 MLO51NG DOC31 HAMR0CK H1OKLANDS DOT 1044 01 DOC 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO.: 3 05 589 (Covers Parcels A & B) CXI* 14 EASEMENT AND THE TERMS AND CONDITIONS THEREOF C PURPOSE• POWER AND LIGHT POLES en AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO.; 2794410 C= (Covers Parcels A & B) 15. Right to make necessary slopes for cuts or fills upon the land herein described as granted cz CI -4 to King County by deed recorded under Recording Nos 5755891 and 5755892 (Covers Parcels A & B) 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE KING COUNTY, A MUNICIPAL CORPORATION PURPOSE UTILITIES AREA AFFECTED. SOUTHERLY PORTION OF PARCELS A AND B AS DESCRIBED THEREIN RECORDING NO.: 5767638 19 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE KING COUNTY PURPOSE UTILITIES AND DRAINAGE FACILITY AREA AFFECTED SOUTH 5 FEET OF THE WEST 40 FEET RECORDING NO.- 8711300920 The Grantee's interest is now held by City of Renton under instruments recorded under King County Recording Nos 20010116000508 and 20010426000238 (Covers Parcel B) 24 f 1DA SHAMROCK-HUNSAKER RE - 4511451 ZCLO51N0 D0C=NAMROCK HIGH ANDS DDT 10 04-01 DOC 20. EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE KING COUNTY PURPOSE UTILITIES AND DRAINAGE FACILITY AREA AFFECTED SOUTH 5 FEET RECORDING NO.: 8711300921 The Grantee's interest is now held by City of Renton under instruments recorded under King County Recording Nos 20010116000506 and 20010426000236 (Covers Parcels A & B) 21 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE ICING COUNTY PURPOSE UTILITIES AND DRAINAGE FACILITY AREA AFFECTED EAST 65 FEET OF THE SOUTH 200 FEET mRECORDING NO • 8711300922 The Grantee's interest is now held by City of Renton under instruments recorded under Icing County Recording Nos 20010116000507 and 20010426000237 (Covers Parcels A & B) c=r r— 22. EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE PUGET SOUND POWER AND LIGHT a COMPANY, A WASHINGTON CORPORATION PURPOSE ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED SOUTH 10 FEET RECORDING NO 8807220452 Said instrument is a re-record of instrument recorded under King County Recording No 8805310868 (Covers Parcel B) 23 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE- ONE OR MORE ELECTRIC TRANSMISSION AND/OR DIS'T'RIBUTION LINES AREA .AFFECTED SOUTH 10 FEET RECORDING NO 8807220453 Said instrument is a re-record of instrument recorded under Icing County Recording No 8805310869 (Covers Parcel A) 041 r WAV SKWWCK-HVNSAXM RE -61 US 12TLOSrNC D0CSW1A1v=CK AKHLhMDS 001 10 04-01 DW 31. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED- APRIL 20, 2000 RECORDING NO 20000420000998 REGARDING LATECOMERS AGREEMENT (Covers Parcels A & B) 38 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF BENEFICIARY; BALES LIMITED PARTNERSHIP ORIGINAL AMOUNT $400,000 00 DATED. APRIL 16, 2001 RECORDED APRIL 20, 2001 RECORDING NO 20010420000751 (Covers Parcels A & B) crs 39 ANY ENCROACHMENTS BY FENCES (Covers Parcels A & B) a PARCEL C: THE NORTH %2 OF THE NORTH `/z OF THE SOUTH %z OF THE NORTH %z OF THE EAST %2 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE S EAST W M, EXCEPT THE EAST 280 FEET THEREOF, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON SUBJECT TO: 12 Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded instrument Inquiries regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY. CITY OF RENTON RECORDED • JUNE 21, 1996 RECORDING NO 9606210966 26 C 1DADxsHAA4llocK mNSAKER RC - 61 l61 2wLos1NG Docs%HAMRocK H1G1 MNDs DOT to o4 o! Doc 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH. AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305589 18. EASEMENT AND THE TERMS AND CONDITIONS THEREOF - GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE. ONE OR MORE ELECTRIC TRANSMISSION � AND/OR DISTRIBUTION LINES C~ AREA AFFECTED SOUTH 30 FEET C> RECORDING NO -7808080327 (Covers Parcel C) 28. Declaration of Covenant imposed by instrument recorded on December 29, 1992, under Recording No 9212291639 (Covers Parcel C) 36. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF BENEFICIARY CHARLES AND NORMA HURLOCKER ORIGINAL AMOUNT $355,000.00 DATED DECEMBER 28, 2000 RECORDED- JANUARY 9, 2001 RECORDING NO- 20010109000191 ASSIGNMENT OF THE DEET] OF TRUST ASSIGNEE APRIL SHOWERS FAMILY LIMITED PARTNERSHIP RECORDED: JANUARY 11, 200I RECORDING NO 20010111000053 (Covers Parcel C) 39 ANY ENCROACHMENTS BY FENCES. Lease by and between Grantor and Charles and Norma Hurlocker, dated November 20, 2000 27 r oABU^HAMROCK-HuNwER R6 - 6i m ZCLOS[NG DOCMHAMROCK HIGHLANDS DOT l0 %4) POC PARCEL D: THE SOUTH 'A OF THE NORTH 1/z OF THE SOUTH 1/s OF THE NORTH '/x OF THE EAST 1/% OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT COUNTY ROAD, SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON SUBJECT TO: Cz 12. Notice of tap or connection charges which have been or wall be due in connection with. "'' development or re -development of the land as disclosed by recorded instrument Inquiries � regarding the specific amount of the charges should be made to the city/county/agency. � CITY/COUNTY/AGENC'Y' CITY OF RENTON RECORDED: JUNE 21, 1996 � RECORDING NO 9606210966 V- 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF N GRANTEE SNOQU'ALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE. ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305589 25 The effect on the title and the description of the land due to the location of "148' Avenue S E (C H. Baunkson Road No 72)" 39 ANY FENCE ENCROACHMENTS PARCEL E: THE WEST 794 FEET OF THE SOUTH %2 OF THE SOUTH %s OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S90MO351 28 F 1 MDWi.,kXMOCK-HUNSAK>;ILRC. 61161 21CLOSINO DOCMAMROCK HIGHLANDS DOI 0 944! OOC SUBJECT TO: 12. Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded instrument Inquiries regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY CITY OF RENTON RECORDED, JUNE 21, 1996 RECORDING NO 9606210966 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE- ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED. THE DESCRIPTION CONTAINED THEREIN IS C-- NOT SUFFICIENT TO DETERMINE ITS EXACT C: LOCATION ON THE PROPERTY HEREIN Cn DESCRIBED cm C=) RECORDING NO 305589 26. MATTERS SET FORTH BY SURVEY o RECORDED- MAY 2, 1988 RECORDING NO 8805029004 DISCLOSES FENCE ENCROACHMENT OVER WESTERLY AND SOUTHERLY BOUNDARY LINES AS SHOWN THEREON (Covers Parcel E) 27 Terms and Conditions of unrecorded Lot Line Adjustment No S90MO351, approved October 24,1990. (Covers Parcel E) 33 NOTICE OF HOUSING CODE VIOLATION FILE NO E92CI S31 RECORDED- JANUARY 9, 2001 RECORDING NO 20410109001089 (Covers Parcel E) 34 LIEN claimed by King County Building Services Division AGAINST TIM & DENISE HUNSAKER AND PAT HUNSAKER FOR- CIVIL PENALTY AMOUNT $5,400 00 RECORDED- JULY 24, 2001 RECORDING NO 20010724001500 (Covers Parcel E) iI'7 F Y)AmsHAmRocK-Rvms"FR RP • b1161 25CLOWN0 DMUHAMROCR HIGHLANDS DOT 10 04 01 DOC 39 ANY FENCE ENCROACHMENTS PARCEL F: THE SOUTH'/z OF THE SOUTH'/z OF THE NORTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M., AND EXCEPT THE WEST 794 FEET THEREOF, AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON ALSO KNOWN AS A PORTION OF LOT 13 OF UNRECORDED LOT LINE ADJUSTMENT NO S90M0351 SUBJECT TO: c� t,4 12 Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded mstrwnent In4umes rn regarding the specific amount of the charges should be made to the city/county/agency o CITY/COUNTY/AGENCY CITY OF RENTON RECORDED. JUNE 21, 1996 RECORDING NO.. 9606210966 e`er 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPQRATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO.. 305589 25 The effect on the title and the description of the land due to the location of "148`' Ave S E (C. H. Bankson Road No. 72)" 27 Terms and Conditions of unrecorded Lot Line Adjustment No S90MO351, approved October 24, 1990 (Covers Parcel F) im F %DA1*HAMR0CK4[UNSAKCA RB - 61141=05]HG DOC&SHAMROCK MOHLANDS OAT 10 04 01 DOC 37 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF BENEFICIARY ROY R SMITH AND RUBY P SMITH, HUSBAND AND WIFE ORIGINAL AMOUNT $220,000 00 DATED JANUARY 17, 2001 RECORDED: JANUARY 19, 2001 RECORDING NO 20010119001337 (Covers Parcel F) 39 ANY FENCE ENCROACHMENTS PARCEL G: THE NORTH V2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF C%4 SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W,M , C- EXCEPT THE NORTH 168 05 FEET OF THE EAST 302.15 FEET THEREOF, Cn AND EXCEPT THAT PORTION THEREOF FOR 148 TH AVENUE S E RIGHT OF WAY, C= SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON CM `-' PARCEL H: THE NORTH 168 05 FEET OF THE EAST 302.15 FEET OF THE NORTH t /2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M., EXCEPT THAT PORTION THEREOF FOR 148 TH AVENUE S E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON SUBJECT TO; 12 Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded instrument Inquiries regarding the specific amount of the charges should be made to the city/county/agency CITY/COUNTY/AGENCY• CITY OF RENTON RECORDED- JUNE 21, 1996 RECORDING NO.: 9606210966 (Covers Parcels G &. H) 31 F %DABlSHAMAOCK.HUNSAM RE - 6i l61 21CLOSM DOCSWIAMROCK HIGHLANDS DOT 1004 01 DOC 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305589 (Covers Parcels G & H) 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF PURPOSE POWER AND LIGHT POLES AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS C= NOT SUFFICIENT TO DETERMINE ITS EXACT � LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 2794410 (Covers Parcels G & H) 25 The effect on title and the description of the land due to the location of "1480' Avenue S E (C. H Bankson Road No. 72)" contained in the legal description ,� (Covers Parcels G & H) C%` 32 NOTICE OF HOUSING CODE VIOLATION FILE NO E92C 1531 RECORDED NOVEMBER 18, 1992 RECORDING NO 9211180392 (Covers Parcels G & H) 39 ANY FENCE ENCROACHMENTS 32 P U7AMHAMROCK IMSAKER RE- 61 1612%CI.OSING DOCSSHAMRDCK HIGHLANDS Do r 10 04 01 DOC PARCELI: THAT PORTION OF THE SOUTH'/a OF THE NORTHWEST 114 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST 114 OF SAID SOUTH '/2, C" THENCE NORTH 88020'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 1/2 50 FEET TO THE TRUE POINT OF BEGINNING; C" THENCE CONTINUING NORTH 88020'44" WEST 216.94 FEET, THENCE SOUTH 00015'25" WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH r� 329 36 FEET TO THE SOUTH LINE THEREOF, C=� THENCE SOUTH 88020'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH 'h, 266 94 ' FEET TO THE SOUTHEAST CORNER THEREOF, Ca THENCE;. NORTH 000 15'25" EAST ALONG THE EAST LINE OF SAID .SOUTH 1/2 cc1v 313.35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER; THENCE NORTH 88020'44" WEST PARALLEL TO THE NORTH LINE OF SAID SOUTH 1/z 50 FEET; THENCE NORTH 00°15'25" EAST PARALLEL TO THE EAST LINE OF SAID SOUTH'/2, 16 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. SUBJECT TO: 12. Notice of tap or connection charges which have been or will be due in connection with development or re -development of the land as disclosed by recorded instrument Inquiries regarding the specific amount of the charges should be made to the city/countylagency CITY/COUNTY/AGENCY CITY OF RENTON RECORDED JUNE 21, 1996 RECORDING NO - 9606210966 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE- SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE, ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED- THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO.. 305589 33 F 1DA0%SHAMROCK WMAKFK 86-61161 MOSiNO DOMSHAMROCK nrGS1f,AN0s DDT to 64 QI bOC 14 EASEMENT AND THE TERMS AND CONDITIONS THEREOF PURPOSE POWER AND LIGHT POLES AREA AFFECTED. THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 279441.0 (Covers Parcel I) 17 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: � PURPOSE. INGRESS, EGRESS AND UTILITIES v AREA AFFECTED: NORTH 30 FEET RECORDING NO.. 7208100354 Cn (Covers Parcel I) 0 �► 24 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE. KING COUNTY WATER DISTRICT NO 90, A r- MUNICIPAL CORPORATION N PURPOSE WATER MAINS AND APPURTENANCES AREA AFFECTED NORTH 10 FEET RECORDING NO 20000810000949 (Covers Parcel I) 29 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED MAY 16, 1961 RECORDING NO 5284273 REGARDING ROAD MAINTENANCE (Covers Parcel I) 39. ANY FENCE ENCROACHMENTS 40 Lack of a recorded means of ingress and egress to a public road from the land (COVERS PARCEL I ) ROAD PARCELS: ANY RIGHT, TITLE AND INTEREST IN AND To: The North 16 feet of the South half of the Northeast quarter of the Southeast quarter of the Southeast quarter of said Section 10, Township 23 North, Range 5 East, W.M , in King County, Washington The North 16 feet of the East 50 feet of the South half of the Northwest quarter of the Southeast quarter of the Southeast quarter of said Section 10, Township 23 North, Range 5 East, W M, in Ding County, Washington 34 P iDABLSHAMROCUMNSAKER RB • W 161 31CLOSING DOCSWAMROCK HIGBE ANDS Doi to o4 01 Doc SCHEDULE B (PERMITTED EXCEPTIONS) All exceptions shown on Schedule A hereto, The Base Capital Deed of Trust; the Bales Deed of Trust, the Smith Deed of Trust, or the Hurlocker Deed of Trust; Any encumbrances or liens arising from or through Lender, Any occupancy or possession of the Property by Lender or its affiliated entities or persons pursuant to the provisions of the Real Estate Purchase and Sale Agreement (Shamrock Parcels) dated August 21, 2001, by and between Lender (except J P HUN LLC) and CamWest Development, Inc, as amended and as assigned to Borrower, and the Real Estate Purchase and Sale Agreement (Additional Parcels) dated August 24, 2001, by and between Lender and CamWest Development, Inc , as amended and as assigned to Borrower, Any occupancy or possession of the Property pursuant to the Hurlocker Lease C= Any claim or interest in the Entitlements acquired from Lender or the Taylor Group except those "1 created by or through Borrower 35 f 4DAMSHAMROCK•HUNSAKCR RC - 61161 HOSING DOCWHAMROCK HIGHLANDS DOT 10 04 01 DOC After recording return to: Richard J. Powers Attorney At Law Suite 300 800 Bellevue Way N.E. Bellevue, WA 98004 SUBORDINATION AGREEMENT t $ NG T CB; SUBORDINATION AGREEMEN4' RESULT ` YOUR SECURITY INTEREST IN THE PROPERTY BECOMING SUEJBCT TO AND OF DOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT OR ENCUMBRANCE. ALSO, THE PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY MAY BE EXPENDING LOAN PROCEEDS FOR OTHER PURPOSES THAN IMPROVEXENT OF THE LAND. IT 10 RBCOMMBNDBD THAT, PRIOR TO EXECUTION OF THIS SUBORDINATION AGREEMENT, THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT TO ALL ASPECTS OF THIS AGREEMENT. The undersigned Subordinator, Lender, and the Owner agree as follows FILED FPR RECORD A7 THE REQUEST OF TRANSNATION TITLE INSURANCE CO 1. GRANTOR: PATRICK FNNSAKER and ANN MARIE HUNSAKER, husband and Wife; JAMES HUNSAKER and DENISE HUNSAKER, Husband and Wife; JOHN HUNSAKER and NORMA JEAN HUNSAKER, Husband and Wife; TIMOTHY HUNSAKER and BONNIE HUNSAKER, Husband and Wife; BRIAN MORRISON and CORA MORRISON, Husband and Wife; JOHN HOLLAND and BARBARA HOILAND, Husband and Wife; KENNETH TROSET'H and SHARON TROSETH, Husband and Wife; and a.P. HUN LLC, a Washington limited liability company, referred to herein as "SUBORDINATOR", is the owner and holder of a Deed of Trust, Assignment of Rents and Leases, and Security Agreement dated October, 2001, which is being recorded contemporaneously with this Subordination Agreement. The legal description of the property which is the subject matter of this Agreement, located in King county, Washington, is as set forth on attached Exhibit "A". Abbreviated Legal Description: Portions of Section 10, TownshhiiP 23 North, Range 5, EWM, in King County, Washington. 0 Tax Parcel Numbers: 102305-9040-09; 102305-9304-00; 102305-9319-03; 102345-9022-01; 102305-9415-06; 102305-9174-07; 102305--9031-00; 102305-9191-06; 102305-9384-03 and the aforementioned Deed of Trust is incorporated herein by this reference and hereinafter referred to as the "SUBORDINATOR Deed of Trust." Lender hereby consents to Owner's granting of the SUBORDINATOR Deed of Trust and consents to the first position of the Existing Notes and Deeds of Trust as defined in that certain Real Estate purchase and Sale Agreement (Additional Parcels) by and between CamWest DEVELOPMENT, INC., a Washington corporation and SUBORDINATOR, dated August 24, 2001, as amended. 2. GRANTEE: BASE CAPITAL, L.L.C., a Washington Limited Liability Company, referred to herein as "Lender" is the owner, holder and beneficiary of a Deed of Trust dated October 1, 2001, in the amount of Three Million Five Hundred Thousax►d Dollars ($3,500,000.00), executed by the Owner, (which is being recorded concurrently with this Subordination Agreement), a copy of which is attached hereto as Exhibit "B". 3. SHAMROCK HIGHLANDS, LLC, a Washington Limited Liability Company, referred to herein as "Owner", is the owner of the real property described above. 4. In consideration of benefits to SUBORDINATOR from Lender and Owner, receipt and sufficiency of which is hereby acknowledged, and to induce Lender to advance funds under its Deed of Trust, and all agreements in connection therewith, SUBORDINATOR does M hereby unconditionally and for all time subordinate the lien of o its SUBORDINATOR Deed of Trust identified in Paragraph 1 above to a the lien of Lender's Deed of Trust, identified in Paragraph 2 o� above, including, but not limited to, principal, interest, late payment charges, default interest, and attorney fees and litigation costs, and all additional loans, advances or charges made or accruing thereunder, including any extensions, modifications or renewals thereof. Notwithstanding the a foregoing, said subordination shall not apply to the extent that °" the lien of Lender's Deed of 'gust secures loan proceeds used for any purpose other than the acquisition or development of the subject property. SUBORDINATOR further certifies that it has, as a creditor, a financial interest in the development of the property which is the subject matter of this Agreement, and that Lender would not maize its loan to Owner unless SUBORDINATOR executes this Agreement. Owner shall secure its debt to SUBORDINATORS under the Promissory Note dated_ EIL6o � , 2041 in the principal amount of Five Hundred Twenty Five Thousand Dollars ($525,000.00) plus the additional amount described therein (the "Note") with an Assignment acceptable to SUBORDINATORS of the owner's interest in the Vacant Land Purchase and Sale Agreement dated May 2, 2001 by and between GEORGY PALANCHUK as Seller and JP HUN LLC as Buyer concerning the property described therein (the "Palanchuk Property"). Said Assignment shall be subordinate to the assignment that Lender takes in such Agreement in accordance with Paragraph 4. Owner agrees that upon the closing of its acquisition of the Palanchuk Property, SUBORDINATOR shall be granted a Deed of Trust thereon securing Owner's obligations under the Mote, such Deed of Trust being in substantially the same form as the Deed of Trust described in Paragraph 1 above, and said Deed of Trust shall be subordinated as provided in this Paragraph 4, as set forth above. The security described in this paragraph above is in addition to the SUBORDINATOR Deed of Trust described in Paragraph 1 above. 5. SUBORDINATOR acknowledges that, prior to the execution of this Agreement, it has had the opportunity to examine the terms of Lender's Loan Agreement, Promissory Note, and Deed of Trust, consents to and approves same. 6. Owner shall be in default of this Agreement and SUBORDINATOR's Deed of Trust if Owner is in default under any deed of trust against the subject property or engages in any act or omission which would constitute a default under the terms of any agreement which is secured by a security interest in the subject property, to Which interest SUBORDINATOR'S security is subordinate. owner shall promptly provide SUBORDINATOR written notice of any such default or claimed default. 7. This Agreement shall be the whole and only agreement between the parties hereto with regard to the subordination of the lien or charge of the 5VWRDINATOR Deed of Trust referred to in Paragraph 1 to the lien or charge of the Deed of Trust in favor of Lender referred to in Paragraph 2, and shall supersede and cancel any prior agreements as to such. 8. This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, assigns and successors in interest of the parties. m C14 DATED this 1st day of October, 2001. c% q OWNER: 2 r-. o SHAMROCK HIGHLANDS, LLC, By its o Managing Member: CamWest DEVELOPMENT, INC, By; ERIC LL, resident LENDER: BASE CAPITAL, L.L.C., By: # /L-&� H. THOMAS WICK, Managing Member SUBORDINATOR: S�� PATRICK HONSOER ANN MARIE HUNSfAKER JAMESAFER 43� DENISE HUNSXUR til JOHN HUNSAKER e~ DONNIE MAMAIKEk cv 0 cz o BRIAN MORRISON 0 w c� CORA MORRISON J OILAND i BARBARA HOx D �) 'a �7'-k C% �5�i ETH TRO ETH 1'L" , SHXRON TROSETH •7.P. HUN LLC, By: STATE OF WASHINGTON ss. COUNTY OF KING on this day personally appeared before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, PATRICK HUNSAKER, ANN MARIE HUNSAKER, JAMES HUNSAKER, DENISE HUNSAKER, JOHN HUNSAKER, NORMA JEAN HUNSAKER, TIMOTHY HUNSAKER, BONNIE HUNSAKER, BRIAN MORRISON, CORA MORRISON, JOHN HOILAND, BARBARA HOILAND, KENNETH TROSETH, and SHARON TROSETH, the persons who executed the foregoing instrument, and acknowledged the said instrument to be their free �- and voluntary act and deed of said Trust, for the uses and purposes therein mentioned. <, Given under my hand and official seal this' ..day of c�L 2001. �terL ! NOTAR PUBLIC R WAS14 Residing at -c My appointment expirles, Printed name of Notary STATE OF WASHINGTON ) ss, } COUNTY OF KING } On this day of 0 CT , 2001 before me, the undersigned, a Notary Public in and for the State of Washington, duly,pommissioned and sworn, personally appeared to me known to be the of J.P. HUN, LLC, the Washington Limited Liability Company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Washington Limited Liability Company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. A NO'TkRY PUBLIC FqR WAS$ Residing atr-5,- 3r ; 1 My appointment expires Printed name of Notary 5 a 0 N STATE OF WASHINGTON ss. COUNTY OF KING on this _ Z day of �°'j� , 2001 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ERIC CAMPBELL to me known to be the President of CamWest DEVELOPMENT, INC., the Managing Member of SHAMROCK HIGHLANDS, LLC, the Washington Limited Liability Company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Washington Limited Liability Company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC FOR WASHINGTON iA Residing at Ai, _ &y s� My appointment expires?y ; 3, 7-ao.s ` �.. Printed name o€ Notary Ii�r_H;k�tAT. STATE OF WASHHl oN } ss. COUNTY OF KING on this T`� day of QCTI�y'A- , 2001 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared H. THOMAS WICK to me known to be the Managing Member of BASE CAPITAL, L.L.C., the Washington Limited Liability Company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Washington Limited Liability Company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. 6r26h ' 1 i..�. � NOTARY PUBLIC FOR WASHINGTON i s 4 Residing at, X & VUh o r n; My appointment expires'3UL Z --r = Printed name of Notary 4. PARCEL A, THE EAST V2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET'OF THE SOUTH 150 FEET THEREOF; AND EKCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E. 12e STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS, 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL, R: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST A OF THE SOUTHWEST 114 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FES THEREOF AS CONVEYED TO ICING COUNTY FOR S.E 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; cv c� c+ SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. cn c� PARCEL C: Y.. o THE NORTH'/x OF THE NORTH Ili OF THE SOUTH 1h OF THE NORTH Vz OF THE EAST ih OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL &. THE SOUTH Va OF THE NORTH 3/2 OF THE SOUTH Vi OF THE NORTH Vi OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT COUNTY ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTONV. £ X- E I B I T A-1 0 PARCEL E: THE WEST 794 FEET OF THE SOUTH 1/2 OF THE SOUTH yh OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, FLANGE S EAST W. M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LAT LINE AD.IUSTMENT NO. S90M03S1. PARCEL F: THE SOUTH 'h OF THE SOUTH 'A OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; AND EXCEPT THE WEST 794 FEET THEREOF, AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. (SEE NOTE 6) ALSO KNOWN AS A PORTION OF LOT a OF UNRECORDED LOT LINE ADJUSTMENT NO. S90MO351, PARCEL G: THE NORTH V2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE S EAST W.M.; EXCEPT THE NORTH 168.05 FEET OF THE FAST 302.15 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF FOR 1487" AVENUE S E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: THE NORTH 168.05 FEET OF THE EAST 302.15 FEET OF THE NORTH 112 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S.E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. E X H I B IT A-2 PARCEL is THAT PORTION OF THE SOUTH % OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST 1/4 OF $AID SOUTH %; THENCE NORTH 88°20'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 'h 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°20'44" WEST 216.94 FEET; THENCE SOUTH 0015'75" WESt PARALLEL WITH THE EAST LINE OF SAID SOUTH 1h 329.36 FEET TO THE SOUTH LINE 'HEREOF; THENCE SOUTH 88620'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH Ihk, 266.94 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00°1§'25" FAST ALONG THE EAST LINE OF SAID SOUTH 313,35 FEET TO A POINT 16 FEET' SOUTHERLY OF SAID NORTHEAST CORNER; THENCE NORTH'W20#44" WEST PARALLEL, TO THE NORTH LINE OF SAID SOUT14 Y* 50 FEET, THENCE MORIN 00¢15'25` EAST PARALLEL TO THE LAST LINE OF SAID SOUTH /z, 16 FEET TO THE TRUE POINT OF BEGINNING; +r— V-- c+�, SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON. Q n v, CD "Panhandle Road Parcels to : c7 ANY RIGHT, TITLE AND INTEREST IN AND TD: The North 16 feet of the South half of the Northeast quarter ?� of the Southeast quarter of the Southeast quarter of Section lar Township 23 North, Range 5, EM, in King County, `�" Washington; c The North 16 feet of the East 50 feet Of the South half of the Northwest quarter of the Southeast quarter of the Southeast quarter of Section 10, Township 23 North, Range 4, EWM, in King County, Washington. E X h I B I T A-3 r.. AFTER RECORDING RETURN TO: RICHARD 7. POWERS Attorney At Law 800 Bellevue Way N.E., Suite 300 Bellevue, WA 98004 E X H I B I T B DEED OF TRUST THIS DEED OF TRUST is made as of October 1, 2001, by and among: GRANTOR: SHAMROCK HIGHLANDS, LLC, a Washington Limited Liability Company; whose address is: 411 - 108th Ave. N.E., Suite 1970, Bellevue, Washington 98DD4; and (Grantor is also sometimes referred to hereinafter as "Borrower"}; Trustee: RICHARD J. POWERS, Attorney At Law, whose address is: 800 Bellevue Way H. E., Suite 300, Bellevue, Washington 98004; and GRANTEE (Beneficiary): BASE CAPITAL, L.L.C., a Washington Limited Liability Company; whose address is: 411 - 108th Ave. N.E., Suite 1970, Bellevue, Washington 96004 (Grantee -Beneficiary is also sometimes referred to hereinafter as "Lender"). Grantor hereby irrevocably GRANTS, TRANSFERS, CONVEYS and ASSIGNS to Trustee, IN TRUST, WITH POWER OF SALE, all of Grantor's present and future estate, right, title, claim and interest, either in law or in equity, in and to the Property as herein described, located in King County, Washington, the legal description of the real property of which is as set forth on attached Exhibit "A". (FULL LEGAL PAGES 16, 17 & 18) Abbreviated legal description: Portions of Section 10, Township 23 North, Range 5, EWK Tax Parcel No's. 102305-9040-09; 102305-9304-00; 102305-9319-03; 102305-9022-01; 102305-941506; 102305-9174-07; 102305-9031-00; 102305-9191-06; 102305-9384-03 TO SECURE THE FOLLOWING (collectively, the "Secured Obl' at' on ") (1) Payment of the stun of THREE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,500,000.00), with interest thereon, according to the terms of a Promissory Note ("Note") and 1 MD a Loan Agreement ("Loan Agreement") of even date, made by Borrower and payable to Lender, including any and all modifications, extensions, additional advances, renewals and replacements thereof, plus costs and other charges as provided in such Note and Loan Agreement. The Note may provide for adjustments of the interest rate, and/or may contain a provision authorizing negative amortization, and if negative amortization occurs, the loan amount may increase. (2) Payment of all sums advanced to protect the security of this Deed of Trust, together with interest thereon as herein provided; (3) Payment and performance of all other sums and obligations that are or which may become owing under the Loan Documents; and (4) Payment and performance of all amounts due and obligations existing under any other agreement or instrument that specifically provides it is secured by this Deed of Trust. "Loan Documents" means the Note, Loan Agreement, this Deed of Trust, any construction loan agreement and uniform Commercial Code Security Agreement and Financing Statement executed in connection herewithand any other instrument or document evidencing or securing the Secured obligations or otherwise executed in connection therewith, including any and all modifications, extensions, renewals and replacements thereof. (5) In the event of any conflict in the wording between this Deed of Trust and the Note and Loan Agreement, the Note and Loan Agreement terms and conditions shall prevail. (6) Grantor warrants that the loan evidenced by the Loan Documents is a commercial loan for business and investment purposes, and is not a consumer loan for personal, family or household purposes. GRANTOR HEREBY.REPRESENTS, WARRANTS, COVENANTS AND AGREES AS FOLLOWS: I. PROPERTY. 1.1 Property Defined: As used herein, the term "Property" includes all of the following: (a) The real property described on Exhibit "All hereto and all interest therein, and all accessions thereto, and all rights to the alleys, streets and roads adjoining or abutting the real property (the "Land"), (b) All buildings, improvements and tenements now or hereafter located on the Land, or appurtenant thereto, and all fixtures and materials (and renewals, substitutions and replacements thereof) that are now or hereafter affixed to, placed on or used in connection with the Land (collectively, the "Improvements"); (c) To the extent the same are not Improvements, all articles of property now or hereafter attached to, or used or adapted for use in the ownership, development, operation or maintenance, of the Land and/or Improvements (whether such items be leased, owned absolutely or subject to any title -retaining or security instrument, or otherwise used or possessed), including without limitation all heating, cooling, air-conditioning, ventilating, refrigerating, plumbing, generating, power, lighting, laundry, maintenance., incinerating, lifting, fire prevention and extinguishing, security and access control, cooking, gas, electric and communication fixtures, equipment and apparatus; all engines, motors, conduits, pipes, pumps, tanks, ducts, compressors, boilers, water heaters and furnaces; carpeting, floor covering, panelling, and draperies; all shrubbery and plants; all of which items shall be deemed part of the real property and not severable wholly or in part without material injury to the Freehold; p,RQVIDBD HOW, ER, personal property and trade fixtures owned or supplied by tenants of the Property with the right of removal an or before the termination of the tenancy shall not be included within the scope of this paragraph; (d) All easements, all access, air and development rights, all minerals and oil, gas and other hydrocarbon substances, all royalties, all water, water rights and water stock, and all other rights, hereditaments, privileges, permits, licensed franchises, and appurtenances now or hereafter belonging or in any way appertaining to the Land; (e) All of the rents, revenues, issues, profits and income of the Property, and all right, title and interest of Grantor in and to all present and future leases and other agreements for the occupancy or use of all or any part of the Land, and all right, title and interest of Grantor thereunder, C;, including without limitation all cash or security deposits, �^+ advance rentals and deposits or payments of similar nature, and p all guarantees of tenants' or occupants' performance under any C" and all leases or agreements of occupancy or use of all or part r=e of the Land; SUBJECT, HOWEVER, to the assignment to Lender of c:F rents and other property herein contained; (f) All intangible personal property used or c useful in connection with the ownership, development, operation � or maintenance of the Land or Improvements (including without limitation, permits, licenses, franchises, the right to use any trade names, contract rights, accounts receivable, leases and rental agreements, escrow accounts, insurance policies, tenant and other deposits, instruments, documents of title, general intangibles, and business records pertaining to the Land or improvements); (g) Materials, supplies, and other goods (collectively, "Nat_eriai.s") now owned or hereafter acquired, wherever located, whether in the possession of Grantor, a warehouseman, bailee, or any other person, purchased for use in the construction or furnishing of Improvements on the Land, together with any documents covering such Materials, all contract rights and general intangibles relating thereto, and proceeds thereof; (h) All site plans, plats, architectural plans, specifications, working drawings, surveys, engineering reports, test borings, market surveys, and other work products relating to the development of the Property; (i) All of Grantor's rights under a construction contract (if any) relating to Improvements and all amendments thereto, together with all of the right, title and interest of Grantor in, to and under any and all performance., payment, completion or other surety bonds now or hereafter issued by any surety in connection with or related to the aforesaid construction contract, insofar as the same may be transferable without breach of such agreement or bond; (j) All proceeds of the foregoing; 1.2 Warranty of Title: Grantor represents and warrants that: Grantor is lawfully seized of the estate hereby conveyed and has the right to grant, convey and assign the Property; the Property is free from liens, encumbrances, a CD C14 exceptions and other charges of any kind whatsoever other than those set forth in the attached Exhibit "B" (the "permitted Exceptions"); no other liens, or encumbrances, whether superior or inferior to this Deed of Trust, will be created or suffered to be created by Grantor during the life of this Deed of 'gust without the prior written consent of Lender; that no default on the part of Grantor or any other person exists under any of the Permitted Exceptions and, as applicable, all are in full force and effect and in good standing, and without modification except as disclosed in writing to Lender; and Grantor will forever warrant and defend the Property unto Lender against all claims and demands of any other person whoever, subject only to the non - delinquent installments of taxes and assessments and Permitted Exceptions. As to any mortgages, deeds of trust, real estate contracts or other liens that are Permitted Exceptions ("Liens"), Grantor covenants and warrants that: (i) Complete and current copies of the agreements relating to those Liens have been furnished to Lender, and none have been or will be modified in any way without Lender's prior written consent; (ii) Grantor is not in default with respect to those Liens and the outstanding balance of the Lien, as set forth in Grantor's application for credit or other document delivered to Lender, is accurate; (iii) Grantor will fully comply with all agreements relating to the Liens and will deliver a copy of any notice of default or non- performance related thereto to Lender; (iv) Lender has the right at any time and from time to time to contact the holder of any Lien to confirm the status of or obtain other information related to the Lien, and Grantor will, from time to time, at the request of Lender, request of the lienholder a certificate stating that any agreements pertaining to a Lien are in full force and effect, are unmodified, that no notice of default thereunder has been served on the Grantor, and specifying any defaults thereunder, if any. 1.3 Non A ric t e: Grantor represents and warrants that the Property is not used principally for agricultural purposes. " � tFmr-aRFMW-MM- tT;n M (a) ReLresentations and Warrantiag: Grantor represents and warrants that to the best of its knowledge after due inquiry and inspections as follows: Grantor is unaware of any information pertaining to the subject matter of the presence or absence of hazardous substances in, on or about the Property that has not been communicated to the Grantee/Beneficiary. Grantor covenants and agrees that during the term of this Deed of Trust, Hazardous Substances will not be generated, processed, stored, transported, handled or disposed of on the Property by any person or entity whom Grantor has a right to control, except in accordance with all applicable laws. "JJazA&d9ms_su4stance" means any substance that is or becomes regulated under any federal, state or local statute, ordinance, rule, regulation or other law, now or hereafter in effect pertaining to environmental protection, contamination or cleanup. (b) Indemnity,. Grantor shall defend, hold harmless and indemnify Lender and its directors, officers, employees, Members, and agents from and against any claims, demands, penalties, fees, liens, damages, losses, expenses or liabilities arising out of or in connection with any alleged or actual past or future presence on or emissions from the Property of any Hazardous Substance for any reason whatsoever unless caused by Beneficiary after foreclosure or deed in lieu of foreclosure; it being intended that Grantor's obligation under this section shall be Strict and absolute without regard to any fault by Grantor. This indemnity shall survive full payment of all amounts secured by this peed of Trust and the reconveyance or foreclosure of this Deed of Trust. (c) NOtificat on: cleanup. Grantor shall immediately notify Lender if Grantor (i) becomes aware of any hazardous Substance problem or liability with respect to the Property, (ii) receives any notice of or becomes aware of any actual or alleged violation with respect to the property of any federal state or local statute, ordinance, rule, regulation or other law pertaining to Hazardous Substances, or (iii) becomes aware of any lien or action with respect to any of the foregoing. Grantor will, at its sole expense, take all actions as may be necessary or advisable for the cleanup of Hazardous Substances with respect to the Property, including without limitation, all removal, containment and remedial actions in accordance with all applicable laws and in all events in a manner satisfactory to Lender, and shall further pay or cause to be paid all cleanup, administrative and enforcement costs of governmental agencies if obligated to do so by contract or by law. (d) Right of Entry.Lender is hereby authorized to enter the Property, including the interior of any structures, at ,.._ reasonable times, and from time to time, after reasonable notice, .— for the purpose of inspecting the Property to ascertain the accuracy of all representations and warranties in this Deed of o Trust relating to Hazardous Substances, and the observances of cz� all covenants contained in this section. C" 0 1.5 Payment of Taxes Utilities. Except as the same Ca may otherwise be paid out of Reserves (defined below), Grantor r- will pay when due all taxes and assessments (including without an limitation, non-governmental levies or assessments) levied, assessed or charged against or with respect to the Property or this Deed of Trust. Upon request, Grantor shall promptly furnish to Lender all notices of amounts due under -this subsection and all receipts evidencing such payments. Grantor will pay when due all utility charges and assessments for services furnished to the Property. Grantor will pay when due the claims of all persons supplying labor, or materials to or in connection with the Property. without waiving the restrictions against liens and encumbrances set forth herein, Grantor will promptly discharge any lien or other charge, whether superior or inferior to this Deed of Trust, claimed against the Property; PROVIDED THAT Grantor shall have the right to contest the amount or validity in whole or in part of any lien or other charge against the Property by appropriate proceedings conducted in good faith and with due diligence, in which event Grantor, upon prior written notice to Lender, may postpone or defer payment of such encumbrance, lien or charge if, and so long as, (i) such proceedings shall operate to prevent the collection of the encumbrance, lien or charge; (ii) neither the Property nor any part thereof will by reason of such postponement or deferment be in danger of being forfeited or lost; and (iii) Grantor, before the date such encumbrance, lien or charge becomes delinquent, gives such reasonable security as may be requested by Lender to ensure payment of such encumbrance, lien or charge and prevent any forfeiture or loss of the Property or any part thereof. If at any time there shall be assessed or imposed on Lender any tax (except income tax), assessment, or other charge measured by or based on any portion of the indebtedness secured by this Deed of Trust, Grantor shall pay such amount to Lender on demand; provided that if any such payment would be unlawful Lender may declare the entire principal balance and all accrued interest immediately due and payable. 1.6 Maintgnance of Property; Alteration; Right of ni tCZ: Grantor (i) will maintain and preserve the Property in good condition and repair, and will not commit or permit any waste, impairment or deterioration of the Property, (ii) will not abandon the Property, (iii) will restore or repair promptly and in a 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 the costs of such restoration or repair, and (iv) will generally operate and maintain the Property in a manner to ensure maximum revenue. No building or other Improvement on the Land will be structurally altered, removed or demolished, in whole or in part, without Lender's prior written consent, nor will any future or chattel covered by this Deed of Trust be removed at any time without like consent unless actually replaced by an article of equal suitability, owned by Grantor free and clear of any lien or security interest except such as may be approved in writing by Lender. bender is hereby authorized to enter the property, including the interior of any structures, at reasonable times and after reasonable notice, for the purpose of inspecting the Property, ascertaining compliance with this Deed of Trust, or for the purpose of performing any of the acts it is authorized to perform hereunder. 1.7 Parking: Grantor will take all actions as are necessary to provide parking facilities in kind, size and location to comply with all governmental zoning and other regulations, and all leases. 1.6 Vse OL Property: Grantor will comply with all CIA laws, ordinances, regulations and requirements of any � governmental body, and all other covenants, conditions and os restrictions, applicable to the Property, and pay all fees and b charges in connection therewith. Unless required by applicable c7 Law or unless Lender has otherwise agreed in writing, Grantor -- will not allow changes in the use for which all or any part of the Property was intended at the time this Deed of Trust was o executed. Grantor will not initiate or acquiesce in a change in n, the zoning classification of the Property without Lender's prior written consent. 1.9 Xnsurance Coverage geauired: Grantor will keep the following insurance coverages in effect with respect to the Property. (i) Insurance against loss by fire and the hazards now or hereafter covered by the standard "extended coverage" form of insurance, in an amount equal at all times to the full insurable value of the Improvements then located on the Property, which during any construction of the Improvements that occurs during the term of this Deed of Trust shall be an "all risk/builder's risk" special form policy. All insurance coverage shall contain a *replacement cost indorsement" without reduction for depreciation, and loss of rents and/or business interruption insurance coverage, a fluctuating value indorsement with a waiver of the co-insurance clause (or an agreed amount indorsement with an inflation guard indorsement), and such other indorsements as Lender may reasonably request. The policy shall not contain a co-- insurance clause, unless permitted by Lender. (ii) comprehensive public liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Property. (iii) Flood insurance, if the Property is located in a designated flood hazard area. (iv) Insurance against such similar or other hazards, casualties, liabilities and contingencies, as Lender may from time to time reasonably require. Each insurance policy will bc: with a company, in a form, and with terms and amounts acceptable to Lender. Each hazard insurance policy will include a Form 439BFU or equivalent mortgagee indorsement in favor of and in form acceptable to Lender. All policies will provide for at least thirty (30) days' written notice to Lender prior to the effective date of any cancellation or material amendment (including reduction in the scope or limits of coverage). Grantor shall furnish to Lender the original of each required insurance policy, or a certified copy thereof or certificate of insurance setting forth the coverage, the limits of liability, the carrier, the policy number and the expiration date. As security for the Secured Obligations, Grantor hereby assigns to Lender all required insurance policies, together with all proceeds thereof, rights thereto and all unearned premiums returnable upon cancellation. Grantor shall promptly furnish to Lender all renewal notices relating to insurance policies. Except as the same may otherwise be paid out of Reserves, Grantor will pay all premiums on insurance policies directly to the carrier. At least thirty (30) days prior to the expiration date of each such policy, Grantor shall furnish to Lender a renewal policy in a form acceptable to Lender, together with evidence that the renewal premium has been paid. 1.10 Insurance Frocegds: In the event of any loss, Grantor will give prompt written notice thereof to the insurance carrier and to Lender. Grantor hereby authorizes Lender as Grantor's attorney-in-fact to make proof of loss, to adjust and compromise any claim, to commence, appear in and prosecute, in Lender's or Grantor's name, any action relating to any claim, and to collect and receive insurance proceeds; provided, however, that Lender shall have no obligation to do so. Lender shall apply any insurance proceeds received by it hereunder first to the payment of the costs and expenses incurred in the collection of the proceeds and then, in its absolute discretion (excepted as provided below) and without regard to the adequacy of its security, to: (i) The payment of indebtedness secured hereby, whether then due and payable or not, and any application of proceeds to principal shall be without the imposition of any prepayment premium or penalty, but shall not extend or postpone the due dates of the installment payments under the Note, or change the amounts thereof; or (ii) The reimbursement of Grantor, under Lender's prescribed disbursement control procedures, for the cost of restoration or repair of the Property. Lender may, at its option, condition the reimbursement on Lender's approval of the plans and specifications of the reconstruction, contractor's cost estimated architect's certificates, waivers of liens, sworn statements of mechanics and materialmen, and such other evidence of costs, percentage completion of construction, application of payments and satisfaction of liens as Lender may reasonably require. Except to the extent that insurance proceeds are applied to payment of the indebtedness secured hereby under clause (i) above, nothing herein contained shall be deemed to excuse Grantor from restoring, repairing or maintaining the Property, rsgardless of whether or not there are insurance proceeds available or whether any such proceeds are sufficient in amount. if the Property is foreclosed and sold or if Lender otherwise acquires title to the Property, Lender shall have all of the right, title and interest of Grantor in and to any insurance policies and unearned premiums thereon and in and to the proceeds resulting from any damage to the Property occurring prior to such sale or acquisition. 1.11 e e a Grantor will promptly notify Lender of any action or proceeding relating to any condemnation or other taking (including without limitation any change in the grade of the property), whether direct or indirect, of the Property or part thereof or interest therein, and Grantor will appear in and prosecute any such action or proceeding unless otherwise directed by Lender in writing. Grantor authorizes Lender, at Lender's option, as attorney-in-fact for Grantor, to commence, appear in and prosecute, in Lender's or Grantor's name, any action or proceeding relating to any such condemnation or other taking, and to settle or compromise any claim in connection with such condemnation or other taking, provided, however, that Lender shall have no obligation to do so. All awards, payments, damages (direct, consequential and otherwise) claims, and proceeds thereof, in connection with any such condemnation, are hereby assigned to Lender, and all proceeds of any such awards, payments, damages or claims shall be paid to Lender. Lender shall apply any such proceeds in the manner and upon the terms and conditions set forth in Section 1.10 relating to the application of insurance proceeds. 1.12 Advances tg Pr2tect JdMgerlsi Grantor will give notice to Lender of and will, at its expense, appear in and defend any action or proceeding that might affect the Property or title thereof or the interests or rights of Lender or Trustee. It any such action or proceeding is commenced or if Lender or Trustee is made a party to any such action or proceeding by reason of this Deed of Trust, or if Grantor fails to perform any obligation on its part to be performed hereunder, then Lender and/or Trustee, each in its own discretion may make any appearances, disburse any sums, make any entries upon the Property and take any actions as may be necessary or desirable to protect or enforce the security of this Deed of Trust, to remedy Grantor's failure to perform (without, however, waiving any �., default by Grantor) or otherwise to protect Lender's or Trustee"s interests. Grantor agrees to pay all loss, damage, costs and o expenses, including reasonable attorneys' fees, of Lender and rn Trustee thus incurred. This paragraph shall not be construed to o require bender or Trustee to incur any expenses, make any c� appearances or take any actions. All amounts disbursed by Lender and Trustee pursuant to this section or any other provision of r this Deed of Trust, plus interest thereon, shall be additional indebtedness of Grantor secured by this Deed of Trust. All such �*+ amounts shall accrue interest from the date of disbursement at the interest rate in effect on the Note from time to time. 1.13 Books and Records; Financial Statements: Grantor will keep and maintain at Grantor's address stated above, or such other place as Lender may approve in writing, accounts and records adequate to reflect correctly the results of the operation of the Property and copies of all written contracts, leases and other instruments that affect the Property. Such items shall be subject to examination, inspection and copying at any reasonable time by Lender. Grantor shall provide to Lender within sixty (60) days after the end of Grantor's fiscal year, a balance sheet for Grantor, Grantor's most recent federal income tax return (if that is not available within the sixty (60) days, then it shall be provided as soon thereafter as it is available), a statement of income and expenses of the Property, and a statement of changes in financial position with respect to the Property for the prior year, each in reasonable detail and certified by Grantor, and if Lender shall require, by an independent certified public accountant. At the same time, Grantor shall also furnish a rent roll for the Property, certified by Grantor, showing the name of each tenant, the space occupied, the lease expiration date, the monthly rent, the date to which rent has been paid, and any deposit Granton' is holding. In addition, Grantor will furnish to Lender within twenty (24) days after Lender's request therefore, a complete and current financial statement, in reasonable detail on any general partner and any guarantor of all or any part of the Secured Obligations, together with a true and correct copy of such person's most recent federal income tax return. 2. RESERVES. (Not applicable.) 3. RXUXICTTQNS ON, TRANSFNR OR ENejJFKBRM". Grantor acknowledges and agrees that the Secured Obligations are personal to Grantor or any successor -in -interest approved by Lender, and 0 0 N neither the Property nor any part thereof or interest therein shall be encumbered, sold (by contract or otherwise), conveyed, or otherwise transferred by Grantor, except as provided in the Loan Agreement; nor shall there be any change in (i) the ownership or control of any of Grantor's stock if Grantor is a corporation, (ii) the ownership or control of any general partnership interest in Grantor if Grantor is a general, or limited partnership, (iii) the ownership of any beneficial interests if Grantor is not otherwise a natural person or persons, or (iv) the ownership of stock or any general partnership interest in any corporation or partnership that has an ownership interest in Grantor. Any such action without Lender's prior written consent shall be deemed to increase the risk of Lender, and shall constitute a default if not corrected within five (5) days after Lender's delivery of written demand to Grantor. Lender may, in its sole discretion, consent to any such action, subject to such terms and conditions as Lender may require, including without limitation the payment of a transfer review fee and/or an assumption fee equal to 1% of the principal balance, and/or an increase in the interest rate on the indebtedness secured hereby (such increase not to exceed a total of 181 per annum). In such event Lender shall not be required to release the original obliger or any other party liable for the Secured obligations. 4. UNIFORM 9=ERCIAL C012E 99CURITX A98ZEMENT. This Deed of Trust is a security agreement pursuant to the Uniform Commercial Code with respect to: (a) any of the Property that, under applicable law, is not real property or effectively made part of the real property by the provisions of this Deed of Trust; and (b) any and all other property now or hereafter described on any Uniform Commercial Code Financing Statement naming Grantor as Debtor and Leader as Secured Party in any way connected with the use and enjoyment of the Property (any and all such other property constituting "Property" for purposes of this Deed of Trust); and Grantor hereby grants Lender a security interest in all property described in clauses (a) and (b) above as security for.the Secured obligations. Grantor and Lender agree, however, that neither the foregoing grant of a security interest nor the filing of any such financing statement shall aver be construed as in any way derogating from the parties' intent that everything used in or adapted for use on the Property or which is described or reflected in this need of Trust is and at all times shall be regarded for all purposes as part of the real property. with respect to Property subject to the foregoing security interest, Lender has all rights and remedies (i) of a secured party under the Uniform Commercial Code, (ii) provided herein, including without limitation the right to cause such Property to be sold by Trustee under the power of sale granted by this Deed of Trust, and (iii) provided by law. in exercising its remedies, Lender may proceed against the items of real property and any items of personal property separately or together and in any order whatsoever, without in any way affecting the availability of Lender's remedies. Upon demand by Lender following default, Grantor will assemble any items of personal property and make them available to Lender at the Property (a place which is hereby deemed to be reasonably convenient to both parties). Lender shall give Grantor at least ten (10) days' prior written notice of the time and place of any public sale or other disposition of such Property or of the time of or after which any private sale or any other intended disposition is to be made. Any person permitted by law to purchase at any such sale may do so. Such Property may be sold at any one or more public or private sales as permitted by applicable law. All expenses incurred in realizing on such Property shall be borne by Grantor. 5. ASSIGNMENT OF RENTS AND LEASES; LEASES OF PROPERTY: APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. (Not applicable.) 6. CONSTRUCTION, LOAN M-VISIO95. (Hot applicable.) 7. EVMM bF DEFAULT. 7.1 Definition 9K DefaMlt:The occurrence of any one or more of the following shall constitute a "default" or an "event of default" hereunder; (i) Failure to make any payment under the Note, this Deed of Trust, or any of the other Loan Documents as and when due, atter expiration of any notice and grace period, if any. (ii) Failure to perform any other covenant, agreement or obligation under this Deed of Trust, or any of the other Loan Documents, or any breach of warranty thereunder, and the failure to cure such default within the stated cure period (or if none is `- stated, then failure to cure within thirty (30) days after Lender's delivery of written notice to Grantor, or if such cure cannot in Lender's opinion be completed within such thirty (3o) c, day period, failure by Grantor to commence the required cure p' within such thirty (30) day period, and thereafter to continue the cure with diligence and to complete the curia within ninety (90) days after Lender's delivery of such demand). (iii) Grantor files a petition in bankruptcy or for a o reorganization or any other form of debtor relief; or such a petition is filed against Grantor, or a decree or order is entered for the appointment of a trustee, receiver or liquidator for Grantor or Grantor's property; or Grantor commences any proceeding for dissolution or liquidation; or any such proceeding is commenced against Grantor; and any of the same are not dismissed within forty-five (45) days after the date of commencement. (iv) Grantor makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or there is an attachment, execution or other judicial seizure of any portion of Grantor's assets and such seizure is not discharged within ten (10) days. (v) Any representation or disclosure made to Lender by Grantor or any guarantor in connection with the Loan proves to be materially false or misleading when made, whether or not that representation or disclosure is expressly set forth in the Loan Documents. 7.2 AccalerAtion Troon DeCAult: Additional Remedies: Upon any default, Lender may, at its option and without notice to or demand upon Grantor, exercise any one or more of the following actions: Declare all amounts secured by this Deed of Trust immediately due and payable; bring a court action to enforce the provisions of this Deed of Trust or any of the other Loan Documents; foreclose this Deed of Trust as a mortgage; cause any or all of the Property to be sold under the power of sale granted by this Deed of Trust in any manner permitted by applicable law; and/or exercise any or all of the other rights and remedies under this Deed of Trust and the other Loan Documents or available under law.or in equity. To the extent permitted by law, every right and remedy provided in this Deed of Trust is distinct and cumulative to all other rights or remedies under this Deed of Trust or afforded by law or equity or any other agreement between Lender and Grantor, and may be exercised concurrently, 7.0 independently or successively, in any order whatsoever. Lender may exercise any of its rights and remedies at its option without regard to the adequacy of its security. 7.3 Exarcisq 91 RoXere: For any sale under the power of sale granted by this Deed of Trust, Lender or Trustee shall record and give all notices required by law and then, upon the expiration of such time as is required by law, Trustee may Sell the Property upon any terms and conditions specified by Lender and permitted by applicable law. Trustee may postpone any sale by public announcement at the time and place noticed for the sale. If the Property includes several lots or parcels, Lender in its discretion may designate their order of sale or may elect to sell all of them as an entirety. The Property, real, personal and mixed, may be sold in one parcel. To the extent any of the Property sold by the Trustee is personal property, then Trustee shall be acting as the agent of the Tender in selling such Property. Any person permitted by law to do so may purchase at any sale. Upon any sale, Trustee will execute and deliver to the purchaser or purchasers a deed or deed conveying the Property sold, but without any covenant or warranty, express or implied, and the recitals in the Trustee's deed showing that the sale was conducted in compliance with all the requirements of law shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of Mona fide purchasers and encumbrances for value. 7.4 AD91 Cation of Sale _Proceeds: Except as otherwise required by applicable law, the proceeds of any sale under this Deed of Trust will be applied in the following manner: FIRST: Payment of the costs and expenses of the sale, including without limitation Trustee's fees, legal fees and disbursements, title charges and transfer taxes, and payment of all expenses, liabilities, and advances of Trustee, together with interest on all advances made by Trustee from date of disbursement at the applicable interest rate under the Note from time to time; SECOND: Payment of all sums expended by Lender under the terms of this Deed of Trust and not yet repaid, together with interest on such sums from data of disbursement at the applicable interest rate under the Note from time to time; THIRD: Payment of all other indebtedness secured by this Deed -of Trust in any order that the bender chooses; FOURTH: The remainder, if any, to the person or persons legally entitled to it. 7.5 Waiver of Order _of_Sale and Marshalling: Lender shall have the right to determine the order in which any or all portions of the secured indebtedness are satisfied from the proceeds realized upon the exercise of any remedies provided, herein. Grantor, any party who consents to this Deed of Trust, and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof, hereby waives any and all right to require marshalling of assets in connection with the exercise of any of the remedies permitted by applicable Law or provided herein or to direct the order in which any of the Property will be sold in the event of any sale under this Deed of Trust. 7.6 No-n--Wayer, of gefaults: The entering upon and taking possession of the Property, the collection of the proceeds of fire and other insurance policies or compensation or awards for any taking or damage of the Property, and the application or release thereof as herein provided, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 7.7 Exemption During e e o o : If this Deed of Trust is foreclosed as a mortgage and the Property sold at a foreclosure sale, the Purchaser may during any redemption period allowed, make such repairs or alterations on the Property as may 11 be reasonably necessary for the proper operation, care, preservation, protection and insuring thereof. Any sums so paid, together with interest thereon from the time of such expenditure at the default rate of interest stated in the Note shall be added to and become a part of the amount required to be paid for redemption from such sale. 7.8 ec a S Lender shall have the right at its option to foreclose this Deed of Trust subject to the rights of any tenant or tenants of the Property. 7.9 Dendder's_and Trpsteg's gxnenses: Grantor will pay all of sender's and Trustee's expenses incurred in any efforts to enforce any terms of this Deed of Trust, whether or not any suit is filed, including without limitation reasonable legal fees and disbursements, inspection fees, foreclosure costs and title charges. All such sums, with interest thereon, shall be additional indebtedness of Grantor secured by this peed of Trust. Such sums shall be immediately due and payable and shall bear interest from the date of disbursement at the default Rate of interest stated in the. Note, or the maximum rate which may be collected from Grantor under applicable law if that is less. 8. GEMRALL PROVISIONS. a.l Application ;PC gavments. Except as expressly Provided otherwise herein or in any of the other Loan Documents, or as required under law, amounts received under the Note or otherwise in connection with the secured obligations shall be applied against the Secured obligations as Lender may elect, in its sole discretion. 6.2 Reconvevance: Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Dead of Trust to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled thereto. The grantee in any reconveyance may be described as the "person or persons legally entitled thereto", and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Such persons shall pay all costs of reconveyance and recordation, including any fee charged by the Trustee. 6.3 Successor Trustee: In accordance with applicable law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder. The successor trustee shall succeed to all the title, power and ditties conferred upon the Trustee herein and by applicable law. 8.4 Lender's Powers and Obligations: Without affecting the liability of any person for payment or performance of the secured obligations or any of Lender's rights or remedies, Lender, at its option, may extend the time for payment of the indebtedness secured hereby or any part thereof reduce payment thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of the indebtedness, permit an assumption of the Secured Obligations and/or transfer of the Property, release the lien of this Deed of Trust on any part of the Property, or consent and/or cause Trustee to consent to the making of any map or plat of the Property, consent or cause Trustee to consent to the granting of any easement or creating any restriction on the Property, or join or cause Trustee to join in any subordination or other agreement affecting this Deed of Trust or the lien hereof. Grantor shall pay bender a reasonable service charge, together with such title insurance premiums and attorneys' fees as may be incurred at Lender's option, for any such action if taken at Grantor's request. This Deed of Trust is intended to 12 benefit Lender and provide security to it, and no third party shall be deemed to be owed any obligations or to have any rights or benefits by reason of any provisions herein or by Lender's election to exercise or not exercise any right or remedy set forth herein or to take any other action permitted hereunder. 8.5 No V'o o Us Interest, fees and charges collected or to be collected in connection with the indebtedness secured hereby shall not exceed the maximum, if any, permitted by any applicable law. If any such Law is interpreted so that said interest, fees and/or charges would exceed any such maximum, and Grantor is entitled to the benefit of such law, then: (a) such interest, fees and/or charges shall be reduced by the amount necessary to reduce the same to the permitted maximum, and (b) any sums already paid to Lender which exceeded the permitted maximum will be refunded. Lender may choose to make the refund either by treating the payments, to the extent of the excess, as prepayments of principal or by making a direct payment to the person(s) entitled thereto. No prepayment premium shall be assessed on prepayments under this paragraph. The provisions of this paragraph shall control over any inconsistent provision of this Deed of Trust or the Note or any other Loan Documents. 8.6 Subdiv sion: Grantor hereby consents to a subdivision of the Property if Lender, in its sole discretion, •- determines such subdivision is necessary or desirable to preserve ems.. Lender's lien or the value of its security (including but not c limited to the situation in which part but not all of the m Property may be subject to environmental contamination and Lender wishes to foreclose on part, but not all, of the Property, or c� wishes to convey its interest as to part, but not all of the c Property). 0 8.7 Add ti nal Dogme tsm PowerAttorney: Grantor, CM from time to time, will execute, acknowledge and deliver to Lender upon request, and hereby irrevocably appoints lender its attorney-in-fact to execute, acknowledge, deliver and if appropriate file and record, such security agreements, assignments for. security purposes, assignments absolute, financing statements, affidavits, certificates and other documents, in form and substance satisfactory to Lender, as Lender may request in order to perfect, preserve, continue, extend or maintain the assignments herein contained, the Lien and security interest under this Heed of Trust, the priority thereof, and/or accomplish a subdivision as provided in the prior subsection. This and all other powers of attorney granted in this Deed of Trust are coupled with an interest and are irrevocable. Grantor will pay to Lender upon request therefor all costs and expenses incurred in connection with the preparation, execution, recording and filing of any such document. 8.9 Vorbea anee by Le -p -der Not a waive : Any forbearance by Lender in exercising any right of remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy, and no waiver by Lender of any particular default shall constitute a wavier of any ether default or of any similar default in the future. without limiting the generality of the foregoing, the acceptance by Lender of payment of any sum secured by this Deed of 'frust after the due date thereof shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to 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 Deed of Trust, nor shall Lender's receipt of any awards, proceeds or damages operate to cure or waive Grantor's default in payment of sums secured by this Deed of Trust. 13 8,9 Modifications and Waivers; This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 8.11 Notice; Any notice to Grantor under this Deed of Trust shall be to the address noted above or such other address as may be designated by Grantor in writing and shall be deemed to have been given on the date delivered in the case of personal or messenger delivery or, if mailed, three (3) days after being placed in the U.S. mail. 8.12 GOVerningve t : This Deed of Trust shall be governed by the laws of the state of Washington, if any provision or clause of this Deed of Trust conflicts with applicable law, such conflicts shall not affect other provisions or clauses hereof which can be given Affect without the conflicting provision, and to this end the provisions hereof are declared to be severable. 8.13 Inte retat on : As used herein: the term "Grantor" means the Grantor herein named, together with any N subsequent owner of the Property or any part thereof or interest 4 therein, the term "Trustee" means the Trustee herein named, together with any successor Trustee•, and the term "Lender" means the Lender herein named, together with any subsequent owner or a bolder of the Note or any interest therein, including pledges, .— assignees and participants. This Deed of Trust shall be construed so that wherever applicable the use of the singular o number shall include the plural number, and vice versa, and the env use of any gender shall be applicable to all genders. Captions and headings of the paragraphs and articles of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 8.14 gUCQeSSQrg and Ass' s o Joint and Seve Liability, Agents: This Deed of Trust shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees,• legatees, administrators, executors, successors and assigns, subject to the restrictions on transfer set forth herein. All obligations of Grantor hereunder are joint and several. In exercising any rights hereunder or taking actions provided for herein, Lender and Trustee may act through their respective employees, agents or independent contractors as authorized by Lender and Trustee. 8.15Time: Time is of the essence in connection with all obligations of Grantor herein. 8.1.6 Estantael certificatg: Borrower shall, within ten days of a written request from Lender and at no charge to Lender, furnish Lender or any other party designated by Lender with a written statement, duly acknowledged setting forth the sums secured hereby and any right of set-off, counterclaim or other defense that may exist with regard to the Secured Obligations. 8.17 t c e s: Phis peed of Trust includes the Exhibits listed below, which are attached hereto and incorporated herein by this reference.: Exhibit A -- Legal Description Exhibit B -- Permitted Exceptions 14 IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the date first above written. GRANTOR: SHAMROCK HIGHLANDS, LLC, By: its Manager: CAM WEST DEVELOPMENT, Inc., By; 1. b;Zj= ERIC C BELL, F esi ent C�s Ctik STATE OF WASHINGTON ) c C=3 COUNTY OF KING ) cam., On this day of "-' ` , 2001, before me personally appeared ERIC CAMPBELL, known to me, or proven to me on the basis of satisfactory evidence, to be the President of CAM WEST DEVELOPMENT, INC., the Managing Member of SHAMROCK HIGHUNDs, LLC, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Limited Liability company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. 01 0 to t%0TAAy � .S � r NOTARY PUBLIC FOR WASHINGTON Residing at livvc �r My appointment expires V4.- v hs��,r Printed name of Notaryx stn 15 PARCEL A: THE EAST % OF THE SOUTHWEST Ifo OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W,M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KIM COUNTY FOR S.E. 12e STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755$91 AND 5755692; SITUATE: IN THE CTTY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PAROL B., ' THE EAST 100 FEET OF THE SOUTH M FEET OF THE EAST % OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S.E. 12e STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 575SB91; CSITUATE IN THE CITY OF RENTON, COUNTY OF MING, STATE OF WASHINGTON. r.� 0 PARCEL Q o THE HMN W OF THE NORTH 1/2 OF THE SOUTH % OF THE NORTH Va OF THE EAST v: OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGir 5 FAST W.M.; O EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL D: THE SOUTH +h OF THE NORTH % OF THE SOUTH Vi OF THE NORTH % OF THE EAST % OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT COUNTY ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXNIaIT A-1 16 PARCEL E: THE WEST 794 FEET OF THE SOUTH 14 OF THE SOUTH % OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 64W W.M.; SITUATE IN THE COUNTY OF {GING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LAT B OF UNRECORDED IAT LINE ADJUSTMENT NO S90M0351. PARCEL F: THE SOUTH Ma OF THE SOUTH th OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; AND EXCEPT THE WEST 794 FEET THEREOF; AND EXCEPT THE FAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. (SEE NOTE 6) T- mALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S90M0351. cw ' PARCEL G: cys THE NORTH *4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF a SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 Wr W.M.; r - EXCEPT THE NORTH 168.05 FEET OF THE EAST 302.15 FEET THEREOF; C%4 AND EXCEPT THAT PORTION THEREOF FOR 148 AVENUE 5.6. RIGHT OF WAY; SITUATE IN THE COUIILTY OF ICING, STATE OF WASHINC,70N. PARCEL H: THE NORTH 168.05 FEET OF THE EAST 302.15 FEET OF THE NORTH V2 OF THE NORTHEAST 114 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THAT PORTION THEREOF FOR 14e AVENUE S.E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. E X M I B I T A--2 17 PARCEL. I: THAT PORTION OF THE SOM 'h OF THE NORTHWEST 1/4 OFF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION[ 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W -M-, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST 1/4 OF SAW SOUTH Vi; TMENCE NORTH 8802t}'44" WEST ALONG THE NORTH LINE OF SAID SOUTH !h $fl F POINT OF EET TO THE TRUE �CiWONG; TMNCE CONTINUING NORTH 88620'44- WEST 216.94 FEET, THS SOUTH OFA 5'25" WEST PARAUEL WUH THE, BAST LINE OF SAID SouTH % 329.36 FEET To TM# SOlF"F!t LINE THEREOF; 'MN'** "00 W*ZQ'Sr EAST ALONG THE SOUTH LINE Of SAID SOUTH V4 266.94 FEET TO THE SOUTHEW CPMIWR THEREOF; T'tl NORA4 WIT25• EAST ALONG THE EAST LINE OF SAID SOUTH Tex 313.35 FEET TO A POINT i F $W40amm CORI+lER; , SO= 44 WEST PARALLEL. TO THE NORTH LINE OF SAID SOUTH % 50 FEET T> ts 00)k* 6"1Y2S- EAST PARALLEL TO THE EAST LINE OF SAID SOUTH %, 16 FEET To THE TRUE PMNT OF BEGINAING; SITUATE IN T1 * COUNTY OF KING, STATE OF yyAS1iINCa74N, r- c+� cr c CD r" "anhandIO Road ParcelaRt. 16 The North 15 feet of the South half of the Northeast Of the Southeast quarter of the Southeast quarter 10, Township 23 North, Range 5, EWM, in KingaCounty, Section Washington; The North 16 feet of the East 5D feet of the South half of the Northwest quarter of the Southeast quarter of the Southeast quarter of section 10, Township 23 North, Range 4, EWM, in Icing County, Washington. E X S I B T T is A-3 E XII i B I T B PERMITTED EXCEPTIONS 12. Notice of tap or corm aka charges which have beer+ or win be due in connection with devetopment or m -development of the land as dWdosed by recorded ms4vment. Ingwnes regarding the specific amount of the charges shauld be made to the City/county/age"!. CITY/COUNTY/AGENCY. CITY OF RENTON RECONDW., AM 21, 1996 FECOKDM NO.. 96D62109% 13. EASEMENT AND TK TERMS AND CONDITIONS THEREOF: GRANTEE: SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE. ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTEp: THE DESCRIPTIDN CONTAINED THEREIN IS RECORDING NO ' NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO : 305589 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. PURPOSE: POWER AND LIGHT POLES AREA AFFECTED' THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO : 2794414 (Covers Parcels A, 8, G, H & E) 15. Right to malas necessary slopes for cuts or fills upon the land herein described as granted to King County by deed recorded under Recording Nos. 5755891 and 5755892. (Covers Parcels A & 8) 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF' GRANTEE. KING COUNTY, A MUNICIPAL CORPORATION PURPOSE: UTILITIES AREA AFFECTED, SOUTHERLY PORTION OF PARCELS A AND B AS DESCRIBED THEREIN RECORDING NO.: 5767638 17. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. PURPOSE: INGRESS, EGRESS AND UTILITIES AREA AFFECTED: NORTH 34 FEET RECORDING NO.: 7208100354 (Covers Parcal I) 18, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED. SOUTH 30 FEET RECORDING NO ' 7806090327 E X H I B I T B-1 19. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY PURPOSE' UTILITIES AND DRAINAGE FACILITY AREA AFFECTED: SOUTH 5 FEET OF THE WEST 40 FEET RECORDING NO.: 8711300920 The Grantee's interest is now held by Crty of Renton under instruments recorded under King County Recording Nos. 20010116000508 and 20010416000238. (Covers Partes 8) 20. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. GRANTEE: KING COUNTY PURPOSE. UTILFTIES AND DRAINAGE FACILITY AREA AFFECT M: SOUTH 5 FEET RECORDING NO.- 6711300921 the Grantee's interest Is now held by City of Renton under instnifrmits mwrded under K4q County Raoordlnt} Has. 2W10116ONS06 and 20010426000236. 21. EASEMENT AND THE TERMS AND CONDITIONS THEREOF' GRANTEE: KING COUNTY PURPOSE. UTILITIES AND ORMNAGE FACRIT! o AREA AFFECTED: EAST 65 FEET OF THE SOUTH 200 FEET an RECORDING NO.: 871000922 o The Grantee's interest is now held by City of Renton under instruments recorded under — King County Retarding Nos. 200L01L6000S07 and 20010426000237. o (Covers Parcels A & 8) 22. EASEMENT AND THE TERMS ANIS CONOITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE. ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: SOUTH 10 FEET RECORDING NO.. 8807220452 Said instrument is a re-record of instrument recorded under King County Recording No 8805310868. (Covers Parcel B) 23. EASEMENT AND THE TERMS AND CONDITIONS THEREOF; GRANTEE* PUGET SOUND POWER AND TIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: SOUTH 10 FEET RECORDING NO.. 8807220453 Said instrument is a re-record of instrument recorded under King County Recording No. 8805310669. (Covers Parcel A) 24. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KING COUNTY WATER DISTRICT NO. 90, A MUNICIPAL CORPORATION PURPOSE. WATER MAINS AND APPURTENANCES AREA AFFECTf0. NORTH 10 FEET RECORDING NO.: 20000810000949 (Covers Parcel 1) Ia H I B I T B-2 25 The elrect on the title and the douipthm of the lend drre to the 100rd n Of'140 AYenue S.E. (C.N. Hank on RAad No. 721' =ftk ed in the h*W dmcr4ptWn in Schedule A. (Co-" Put" 0, F, tli, t H ) 26. MATTERS SEr FORTH 6Y SURVEY: RECORDED: MAY 2, 1998 RECORD00 NO.: 13805029004 OtSCI ores: FENCE MKILoACtiMIUfT OM WESTERLY AND SOME RLr 60UNDARY LINES AS (Covets Faucet E) 27. Tartu cad Conddana of turewwded lot ura Adiugment Na S90NO51, epprmrerl October 24, 19917. (saver$ Pard E & F) 29. DiCI#rlttlerl or covenant IrtVoaed by 1,16VUltlent recorded on December 29, 1992, under Retarding Wo. 9712.291639. (Covers Parcel C9 E92C15a1 Plmgmm Is, 1"7 29. AQREEK111 T AND M='St:" AND OONDM*Mg THEREOF. PIKN DED: MAY 15.�,.y1961 RN9CDRN m NO.: �/i Rr,WW 11G: ROAD KPalfMHANCe (Covers Parcel I) 20010141Ioa10N39 REOf : 30, AGRE MEM AND THE it°RMS AND COMOrlIONS THEREOF* RECORDED: JANVARY 24, 1990 RECORDING 90.: 9r;V0124%79 RMRDING: aX)NPAKfMON AND TRANSPN:R M! RICTMN ACUEMENT (Comm Pamels G & H) 31. AGREEMENT AND THE TERMS ANO CONDITIONS THEREOF: ROMRM.- APRIL 20,200D RECORDM MD.: 20000420000999 REGARDING; NATEODMW AGREEMENT (Crum s Perosis` A G 5) ]2. FIa= OF HOUSING COO! VIOLATMC ME NiO.: R11CORM: E92C15a1 Plmgmm Is, 1"7 RKMING NO.: 0211180392 (Cavern Parcels Q R H) 33. No= QF Houma CODE VIOLATION: FILE NO.: RECORDED: 192CLMI JANUARY 9, 2001 0110Rp1NO W: 20010141Ioa10N39 (Germ Pavel C) U X H I E I T 8--3 cn cv v 0 rn 0 0 36. NrA HEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR; TRUSTEE: BENEFICIARY: ADDRESS: LOAN NO.• ORIGINAL AMOUNT' DATED: RECORDED: RECORDING NO.: ASSIGNMENT OF THE DEED OF TRUST: ASSIGNEE. ADDRESS RECORDED: RECORDING NO.. (Covers Pared Q JAMES AND DENISE HUNSAKER, 8US8ANO AND WIFE, PATRICK HUNSAKER AND ANN MARIE: HUNSAKER, HUSBAND AND WIFE, JOHN HUNSAKER AND SEAN HUNSAKER, HUSBAND AND WIFE, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, BRIAN MOPJUSON AND CORA MORRISON, HUSBAND AND WIFE, JOHN HOLLAND AND BARBARA HOILANO, HUSBAND AND WIFE AND KENNETH TROSETH AND SHARON TROSETH, HUSBAND AND WIFE CHICAGO TITLE INSURANCE COMPANY CHARLES AND NORMA HURLOCKER 12217 14STM AVENUE SE., RENTON, WA 98059 $355,000.04 DECEMBER 28, 2DOD JANUARY 9, 2001 20010109009191 APRIL SHOWERS FAMILY LIMITED PARTNERSHIP 12217 146' AVENUE S.E., PENTON, WA 96059-4602 JANUARY 11, 2001 20010111000053 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: PATRICK HUNSAKER AND ANN MARIE HUNSAKER, HUSBAND AND WIFE, AS TO AN UNDIVIDED 33.485% INTEREST,3AME5 HUNSAKER AND DENISE HUNSAKER, HUSBAND AND WIFE, AS TO AN UNDIVIDED 33,485% INTEREST, JOHN HUNSAKER AND JEAN TIUNSAKER, HUSBAND AND WIFE, AS TO AN UNDIVIDED 9.303% INTEREST, TIMOTHY HUNSAKER AND BONNIE HUNSAKER, HUSBAND AND WIFE, AS TO AN UNDIVIDED 9.303% INTEREST, BRUIN MORRISON AND CORA MORMON, HUSBAND AND WIFE, AS TO AN UNDIVIDED 5.606% INTEREST, JOHN HOLLAND AND BARBARA HOAAND, HUSBAND AND WIFE, AS TO AN UNDIVIDED 3.909% INTEREST AND KENNETH TROSETH ANO SHARON TROSETH, HUSBAND AND WIFE:, AS TO AN UNDIVIDED 3.909% INTEREST TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: ROY R. SMITH AND RUBY P. SMITH, HUSBAND AND WIFE ADDRESS: 12265 1487" STREET SE., RENTON, WA 98056 LOAN NO.: --' ORIGINAL AMOUNT. $220,000.90 DATED: JANUARY 17, 2001 RECORDED' 3ANVARY 19, 2001 RECORDING NO.: 20010119001337 (Covets Parse! F) E X H I B I T B-4 39. DEQ OI' Tpt T ANo TmE TmKS AND LDNATfaONS THEREOF: 99. 40. GRANTOR: J.P. HUN LLQ, A WASHINGTON LIMITED uAouxry COMPANY TRLISTM& COMMONWEALTH WIND TITLE INSURANCE COMPANY, A CWORATM BENEFICIARY: Z ALW LIN{ W MVNSMIP, A U WTED P W!TH THE STATE OF WASK OK`AUt,' v 1,1936, wrm L4mMAHAGmEwmsf,g rA usmED UNM ACREEMEWr DtlITW X" 18, 1995, GWPjSe H. SALEM, OR FIS SU009�SCR.S, 7AMVE, AS GENERAL PARTNfR AODMS: P.O. @06(3013, RENTON, WA 98055 No.: ORXMNAL AMOUNT: #400,000.00 D&M.. APM 16, 2041 APRIL 20, 2001 RecMING NO.: 20010420000751 (Covers Pwcds A & $) invegdg1tl01t Rh94ld be *Ugk W d9torMlAt the pmt balw4m ow*d by e n d" ft appropdjes lwW*r/sowwV/IndwkWaL Our htspoGo4a mads on SEPTENBEA IS, 2001, disdoW the lbllawinq: NIIMMOUS 6vCRoAcmm& TS B"f FENM ALONG NORTHMLY, WESTERLY AND SoUr tERLY BOUNDARIES. Lade of g ra0omW =am of Inpraoa and egress to a public road from the land. (COVW PARC& I ) E X H 1 B I T B-5 When Recorded Return To: Dirk A Bartram Vandeberg Johnson & Gandara 600 University Street Suite 2424 Seattle, WA 98101 ASSIGNMENT FOR SECURITY PURPOSES AND SECURITY AGREEMMNT PALANCHUK CONTRACT J6 0) Grantor (Assignor) QKShanuock Highlands LLC, a Washington limited liability company t"I Grantee (Assignee): J P. Hun LLC, a'Washington limited habilrty company and the other persons set out below cox Legal Description (abbrev) PtnNEl/4 SE1/4 S10, T23N, R5E <n FILED FOR RECORD Al THE BEQUEST OF `'TRANSNATION TITLE INSURANCE CO CD Assessor's Property Tax Parcel Number(s). 102305-4030 a This ASSIGNMENT FOR SECURITY PURPOSES AND SECURITY AGREE- MENT ("Secmty Assignment") is made as of this 5th day of October, 2001, by Sharnr'ock Highlands LLC, a Washington limited liability company (hereinafter called "Shamrock <14 Highlands"), for the benefit of J P. Hun, LLC, a Washington limited liability company, and Patrick Hunsaker and Ann Marie Hunsaker, husband and wife, Jaynes Hunsaker and Denise Hunsaker, husband and wife, John Hunsaker and Norma Jean Hunsaker, husband and wife, Timothy Hunsaker and Bonnie Hunsaker, husband and wife, • Brian Morrison and Cora Morrison, husband and wife, John Hoiland and Barbara Hoiland, husband and wife, and Kenneth Troseth and Sharon Troseth, husband and wife (hereinafter collectively called "Secured Party"). RECITALS On May 2, 2001, J. P Hun as buyer and George Palanchuk and Natalya Palanchuk as sellers ("Seller"), executed that certain Vacant Land Purchase and Sale Agreement (the "Purchase Agreement") concerning the real property commonly known as 12205 — 104, Renton, Washington, and legally described on Exhibit A hereto (the "Palanchuk Property") (A copy of the Purchase Agreement is attached hereto as Exhibit B ) CamWest Development, Inc ("CamWest'� and Secured Party have entered into that certain Real Estate Purchase and Sale Agreement (Additional Parcels), dated as of August 24, 2001 (hereafter the "REPSA") pursuant to which CamWest has agreed to assume, and J P I r MABZHAMROCK-MjN5AKERRE -61161 2lClostn3DoplPelv4A StCKn1y- 10 04 Ot doe Hun has agreed to assign to CamWest, all of J P Hun's rights and obligations under the Purchase Agreement. CamWest has in turn asst fined all of its rights and obligations under the REPSA., including its rights under the Purchase Agreement, to Shamrock Highlands, which has agreed to assume all of those rights and obligations The Seller has consented to these assignments of rights and obligations under the Purchase Agreement Pursuant to the terms of the REPSA, Shamrock Highlands has agreed to pay to Secured Party a portion of the purchase price for the real property described in the REPSA through its execution and delivery of a promissory note secured by certain real property and its rights under the Purchase Agreement (the "Loan") v NOW, THEREFORE, for and in consideration of the Loan and other consideration, Cn C+ the parties agree as follows. c+ o� AGREEMENT a . Assarunent. Shamrock Highlands hereby irrevocably grants, transfers, conveys, and assigns to Secured Party all of its right, title, and interest in and under the Purchase cz� Agreement. ment. (The Purchase Agreement together with any other property affected by this Security Assignment is sometimes referred to herein as the "Property') Shamrock Highlands further hereby irrevocably grants, transfers, conveys, and assigns to Secured Party all of its right, title, and interest, now exiting or hereafter acquired, in and to the following items of property to the extent they relate to the Palanchuk Property - (a) All fixtures and articles of property now or hereafter attached to, or used or adapted for use in the ownership, operation or maintenance of the Palam;huk Property, including, without limitation, all heating, cooling, air-conditioning, ventilating, refrigerating, plumbing, lighting, security and access control, cooking, gas, electric and communication fixtures, equipment and apparatus, all conduits, pipes, pumps, tanks, ducts, water heaters and furnaces, all ranges, stoves, disposers, refrigerators and other appliances; all baths, sinks, all cabinets, partitions, mantels, built-in mirrors, window shades, blinds, screens, awnings, storm doors, windows and sash, all carpeting, underpadding, floor covering, paneling, and draperies, and all shrubbery and plants All such items shall be deemed part of the Realty and not severable wholly or in part without material mjury to the freehold, (b) All of the rents, revenues, issues, profits and income of the Palanchuk Property, and all present and future leases and other agreements for the occupancy or use of all or any part of the Realty and improvements, including without limitation all cash or security deposits, advance rentals and deposits or payments of similar nature, and all guarantees of tenants' or occupants' performance under such leases and agreements, 2 F0AWSHA3rFMXK4WX&AKHR RE.611 fit ,tWksue DocsgWurAuk Seventy -]004 01 doe (c) All tangible and intangible personal property used in connection with the ownership, operation or maintenance of the Palanchuk Property, (d) All materials supplies, and other goods, wherever located, whether in the possession of Shamrock Highlands, warehouseman, bailee, or any other person, purchased for use in the construction or furnishing of the Improvements, together with all documents, contract rights, and general intangibles relating thereto, and all proceeds thereof; (e) All of Shamrock Highland's rights in use permits, building permits, government approvals and entitlements, and applications, filing, and submittals therefore; all subdivision, tract, and parcel maps, and all surveys, All architectural drawings and specifications, site plans, plot plans, grading and erosion plans aud. other c drawings; All architectural, engineering, surveyor, and other consultant agreements, e= All documents, reports, calculations, studies, pians, specifications, designs, analyses, � correspondence, contracts, and other materials relating to the possible subdivision or development of the Palanchuk Property, including, but not limited to, feasibility ► studies, investigative reports, soils reports, wetland studies or delineations, environmental studies, engineering analyses, calculations or reports, biological assessments, traffic studies, or drainage analyses, and any other rights or contracts relating to the possible subdivision or development of the Palanchuk Property or any part thereof. (f1 Any construction contract relating to the Palanchuk Property, together with all performance, payment, completion or other surety bonds now, or hereafter issued, by any surety in connection with or related to said construction contract, insofar as the same may be transferable by Shamrock Highlands without breach of any such bond; and (g) The proceeds of any of the foregoing 2. Securi This Assigninent is made for the purpose of securing (a) Shamrock Highlands' repayment of its promissory note to Secured Party in the original face amount of $525,004 (plus additional principal) of even date herewith, together with interest as specified therem ("Note"), made by Shamrock Highlands and payable to Secured Party, including any and all modifications, extensions, renewals and replacements thereof; (b) Payment of all sums advanced to protect the security of the Deed of Trust (as defined below) or of this Security Assignment, including sums in excess of the amount of the Note, together with interest thereon as herein provided, 3 F �DAW, IAMR x WjMAKER RE, 6 i i6j 2Tk*.uxOoc* wmhuk So=y -1a 04 61 doe (c) Payment of all other sums which are or which may become owing under the Loan Documents; and (d) Performance of all of Shamrock Highlands' other obligations under the Loan Documents. As used herein, the term "Loan Documents" means the Note, that certain Deed of Trust, Assignment of Rents and Leases, and Security Agreement between Shamrock Highlands and Secured Party of even date herewith (the "Deed of Trust') and this Security Assignment, and any and all modifications, extensions, renewals and replacements thereof The indebtedness secured by this Security Assignment may be indexed, adjusted, renewed, extended or Cn renegotiated The obligations refereed to herein are sometimes referred to as the "Secured c Obligations"). cD CM 3. Release of Security Assignment. This Security Assignment shall be released by v Secured Party upon the earlier to occur of the following. (i) Shamrock Highlands' payment in full of all amounts and performance iii full of all obligations secured by this Security Assignment; or (n) simultaneously with Shamrock Highlands' acquisition of the real property which is the subject of the Purchase Agreement (the "Palanchuk Property"), the recording of a deed of trust to the Palanchuk Property from Shamrock Highlands for the benefit of Secured Party, securing to the Secured Party all of the obligations secured hereby and in substantially the form of the Deed of Trust 4 Shamrock Hiddands' Representations, Warranties, and Covenants To Secured Par Shamrock Highlands represents and warrants the following items to Secured Party (a) Shamrock Highlands is a lunited liability company duly organized and validly existing under the laws of the State of Washington. Shamrock Highlands has the power and authority to execute, deliver and perform this Security Assignment (b) Shamrock Highlands has duly authorized the execution and delivery of this Security Assignment, and this Security Assignment is a valid and binding obligation of Shamrock Highlands, enforceable m accordance with its terms, subject to applicable bankruptcy, insolvency, reorganization, moratorium or other law and equity principles applied for the relief of debtors heretofore or hereafter enacted (c) There is no action, suit or proceeding or any investigation pending or, to the best of Shamrock Highlands' knowledge, threatened against or affecting Shamrock Higlilands' in any court or by any federal, state or municipal authority which is likely to have an adverse effect on Shamrock Highlands' ability to perform its obligations under the Purchase Agreement. (d) Neither Shamrock Highlands nor any Member thereof or guarantor has filed or is the subject of any f€ling for bankruptcy or reorganization under federal bankruptcy laws 4 FIDAJAS6 MaOCK•HUNSAKM RE 151161 WcGjtq Dont\hl"uk Sta ty 10 04 Ol do (e) During the pendency of this Security Assignment, Shamrock Highlands will not amend or modify the Purchase Agreement without the prior written consent of the Secured Party (f) Shamrock Highlands shall give notice to Secured Party of and shall appear in and defend any action or proceeding that may affect the buyer's interest under the Purchase Agreement or the interests of Secured Party therein, or the rights or remedies of Secured Party under the Loan Documents. If any such action or proceeding is commenced, or Shamrock Highlands fails to perform any obligation under the Loan Documents, Secured Party may, at its option, make any appearances, disburse any sums, and take any actions as may be necessary or desirable to (a) protect or enforce the security of this Security Assignment, (b) remedy Shamrock Highlands' failure to perform its obligations under the Loan Documents (without waiving such default by Shamrock Highlands), including, without limitation the exercise of the buyer's rights or the fulfillment of the buyer's obligations under the Purchase r-4 Agreement, or (c) otherwise protect Secured Parry's interests Shamrock Highlands shall pay � all losses, damages, fees, costs, and expenses incurred by Secured Party in taking such CM actions, including without limitation reasonable attorneys' fees, costs, and expenses. e= (g) All amounts disbursed by Secured Party pursuant to paragraph 4 f or any other provision of this Security Assignment, with interest thereon, shall be additional indebtedness of Shamrock Highlands secured by this Security Assignment All such amounts shall be C'M immediately due and payable and bear interest from the date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law 5 Restrictions on Transfer Except as permitted for the Base Capital Deed of Trust, the Development Liens and the Permitted Exceptions (as defined in the Loan Documents) neither the buyer's interest in the Purchase Agreement nor any part thereof or interest therein shall be encumbered, sold (by contract or otherwise), assigned, conveyed, or otherwise transferred by Shamrock Highlands; nor shall there be any change in the ownership or control Shamrock Highlands' membership or other equity interests Any such prohibited action without Secured Party's prior written consent shall be deemed to increase the risk of Secured Party and shall constitute an Event of Default if not corrected within five (5) days after Secured Party's delivery of written demand to Shamrock Highlands Secured Party's prior written consent shall not be unreasonably withheld as to a transfer of membership interests in Shamrock Highlands by a member other than CamWest Development, Inc, but only if (i) immediately after such transfer, CamWest Development Inc owns and controls the same or higher percentage of all of Shamrock Highland's membership and other equity interests as it held immediately prior to such transfer, and (n) Shamrock Highlands is not then in default under any of the Loan Documents 5 F kf WSHAMROCK HEWMER R6 - 61 161 ZCbsml DOOVka mdwk Sec uLty 10 04 01 d« 5 UCC Security Agreement. This Security Assignment constitutes a security agreement pursuant to the Uniform Commercial Code with respect to (a) Any of the Property which, under applicable law, is not real property or effectively made part of the real property by the provisions of this Security Assignment, and (b) Any and all other property now or hereafter described on any Uniform Com- mercial Code Financing Statement naming Shamrock Highlands as debtor and Secured Party as secured party and affecting property in any way connected with the use and enjoyment of the Property (any and all such other property constituting "Property" for purposes of this Security Assignment) Shamrock Highlands hereby grants Secured Party a security interest in all property described in clauses (a) and (b) above as security for the Secured Obligations With respect to the r property subject to the foregoing security interest, Secured Party shall have all of the rights and remedies (i) of a secured party under the Uniform Commercial Code, (n) provided herein, (lit) provided in any of the Loan Documents and (iv) provided by law In exercising its remedies, Secured Party may proceed against the items of real property and any items of personal property separately or together and in any order whatsoever, without in any way affecting the availability of Secured Party's remedies Upon demand by Secured Party following an Event of Default hereunder, Shamrock Highlands will assemble any items of personal property and make them available to Secured Party Secured Party shall give Shamrock Highlands at least ten (10) days' prior written notice of the time and place of any public sale or other disposition of such Property or of the time of or after which any private sale or any other intended disposition is to be made. Any person permitted by law to purchase at any such sale may do so Such Property may be sold at any one or more public or private sales as permitted by applicable law 7. Events of Default The occurrence of any one or more of the following shall constitute an Event of Default hereunder (a) A default under the Note, or the failure to make any payment under this Security Assignment or the Deed of Trust within fifteen (15) days after its due date. (b) The occurrence of a default under any of the Permitted Exceptions or Base Capital Deed of Trust (as defined in the Loan Documents), if not cured within any cure period given in the Permitted Exceptions or Base Capital Deed of Trust with regard to such default (c) The failure to perform any other covenant, agreement or obligation under this Security Assignment, the Deed of Trust, or the Loan Documents within the time allowed If no cure period is otherwise specified for such default, the cure period shall be within thirty (30) days after Secured Party's delivery of written demand to Shamrock Highlands, or if such cure cannot in Secured Party's opinion be completed within such thirty (30) day period, and Shamrock Highlands commences the required cure within such thirty (30) day period and 6 F %DABSHAhMCK.KUHSAKCR RL d 1151 2tiClaang doasl?alaochok Seamy 100401&a thereafter continues the cure with diligence, the cure period shall be ninety (90) days after Secured Party's delivery of such written demand (d) Shamrock Highlands or any Member thereof or any guarantor or any trustee of Shamrock Highlands or any Member thereof or any guarantor files a petition in bankruptcy or for an arrangement, reorganization or any other form of debtor relief, or such a petition is filed against Shamrock Highlands or any Member thereof or any guarantor or any trustee of Shamrock Highlands or any guarantor and the petition is not chsmissed within forty-five (45) days after filing (e) A decree or order is entered for the appointment of a trustee, receiver or liquidator for Shamrock Highlands or any Member thereof or any guarantor for Shamrock Highlands or any Member's or guarantor's property, and such decree or order is not vacated within forty-five (45) days after the date of entry. C {f) Shamrock Highlands or any Member thereof or any guarantor commences any proceeding for dissolution or ligwdation, or any such proceeding is commenced against Shamrock Highlands or any Member thereof or any guarantor and the proceeding is not dismissed within forty-five (45) days after the date of commencement ' (g) Shamrock Highlands or any Member thereof or any guarantor makes an assign- ment for the benefit of its creditors, of admits in writing its inability to pay its debts generally as they become due (h) There is an attachment, execution or other judicial seizure of any portion of Shamrock Highland's or any Member thereof or any guarantor's assets and such seizure is not discharged within ten (10) days (i,) Any representation or disclosure made to Secured Party by Shamrock Highlands in this Security Assignment or any of the Loan Documents above proves to be materially false or misleading when trade. 8 Remedies (a) Upon any Event of Default, Secured Party may, at its option and without notice to or demand upon Shamrock Highlands, exercise any one or more of the following actions (1) Declare all the Secured Obligations immediately due and payable (2) Bring a court action to enforce the provisions of this Security Assignment or any of the other Loan Documents (3) Exercise any or all of the other rights and remedies under this Security Assignment or the other Loan Documents. 7 F lBA81SHAMPLOCK 11UNSAM RE -6k]61 ZCko jng CicmVjhLawhuk Seamlp-10 01-01 doe (4) Subject to the terms of the Purchase Agreement, exercise the buyer's rights or fulfill the buyer's obligations under the Purchase Agreement and acquire the property described therein in the name of Secured Party (5) Exercise any other right or remedy avw fable under law or in equity (b) The proceeds of any sale under this Security Assignment will be applied in the following manner. (1) First, to payment of the costs and expenses of the sale, including without limitation any trustee's fees, legal fees and disbursements, title charges and transfer taxes, and payment of all expenses, liabilities and advances of any trustee, together with interest on all advances made by any trustee from date of disbursement at the lesser of the default rate under the Note or the maximum rate pernutted by law (2) Second, to payment of all sums expended by Secured Party under the terms of this Security Assignment or any of the Loan Documents and not yet repaid, together with interest on such sums from date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law v (3) Third, to payment of all other Secured Obligations in any order that the T Secured Party chooses C' (4) Fourth, the remainder, if any, to the person or persons legally entitled to 0 ca it. (c) Secured Party shall have the right to determine the order in which any or all portions of the secured indebtedness are satisfied from the proceeds realized upon the exercise of any remedies provided herein. Shamrock Highlands, any party who consents to this Security Assignment and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof, hereby waives any and all right to require marshalling of assets in connection with the exercise of any of the remedies permitted by applicable lave or provided herein, or to direct the order in which any of the Property will be sold in the event of any sale under this Security Assignment (d) To the extent permitted by law, every right and remedy provided in this Security Assignment is distinct and cumulative to all other rights or remedies under flus Security Assignment or afforded by law or equity or any other agreement between Secured Party and Shamrock Highlands, and may be exercised concurrently, independently or successively, in any order whatsoever Secured Party may exercise any of its rights and remedies at its option without regard to the adequacy of its security (e) Shamrock Highlands shall pay all of Secured Parry's expenses incurred in any efforts to enforce any terms of this Security Assignment, whether or not any suit is filed, including without limitation legal fees and disbursements, receiver's fees and expenses, fore - 8 F 1DAWHAMILOCY4RJN$AKCPL RE - 41161 2VCbiiag DowT&h o Irk Semrny -ID 0"1 doo closure costs and title charges All such sums, with interest thereon, shall be additional indebtedness of Shamrock Highlands secured by this Security Assignment Such sums shall be immediately due and payable and shall bear interest from the date of disbursement at the lesser of the default rate under the Note, or the maximum rate permitted by law. 9 Subordination This Security Assignment shall be subject to that certain Subordi- nation Agreement of even date herewith among Shamrock Highlands, Secured Party, and Base Capital L L C 14 Miscellaneous (a) All representations and warranties made in this Security Assignment shall survive the execution and delivery of this Assignment Agreement, but shall expire upon the release of this Security Agreement pursuant to paragraph 3 (b) This Security Assignment shall be binding upon Shamrock Highlands and its successors and assigns and shall inure to the benefit of Secured Party and its successors and cz:$ assigns. c5 Cali (c) This Security Assignment shall be governed by and construed and interpreted C4 in accordance with the laws of the State of Washington and venue of any action ansing from this Agreement shall be in King County, Washington t - C=5 IN WITNESS WHEREOF, the undersigned have executed and delivered this Security Assignment on the day and year first above written. BORROWER: SHAMROCK HIGHLANDS, LLC, a Washington Limited Liability Company By CAMWEST DEVELOPMENT, INC., Its Managing Member By.� A� Eric Campbe resident [ACKNOWLEDGMENT APPEARS ON PAGE FOLLOWING1 9 rWaA SHMvM0CK-RUNSAKCK3S•6116121Cbsingi7mTplaedn+kSa ntp10OM1do STATE OF WASHINGTON) )ss; COUNTY OF KING ) On this day personally appeared before me Enc Campbell, to me known to be the President of CamWest Development, Inc, a Washington corporation, the corporation that executed the within and foregoing instrument in its capacity as managing member of Shamrock Highlands, LLC, a Washington limited liability company, and acknowledged said instrument to be the free and voluntary act and deed of said corporation and said linuted liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument, and that the seal affixed, if any, is the corporate seal of said corporation. a� GIVEN under my hand and official seal this day of 0 C-1d6Z L 2001 t (Print Name) a i' c NOTARY PUBLIC in and for the State of Washington, residing atr i -1N.2 My appointment expires triJ-1 10 F�DAMSHAMROfK IWHSAICER R6- 61111 AC(wng Dm3VMI1WAUk S40MIY- 10 04 01 Ooe EXHIBIT A LEGAL DESCRIPTION THE SOUTH l2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/a OF SECTION 14, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE NORTH 132 FEET THEREOF, AND EXCEPT THE EAST 286 FEET THEREOF, c SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON t� 11 F NDA6 8MMRDCK.MUN&AKEK RE -61162 Z4Claeiog Doc V4mchuk Saew�tr •10,04 01 doe m Q cm r - r C= CI EXHIBIT B PURCHASE AGREEMENT F DDASI.SKAMKOCK HUNSA'KU RE 6314! tilgoasnt dvatiPalsechuk Seauj! _1 1 L r a11of&0 � r VACANT LAND PURCHASE AND SALE AGREEMENT SPECIFIC TERMS r 1 Date, May 2, 2041",, 2001 I 2 BUYER, ,!P Hun Lt C ondlor Assigns 3 SELI,.ER Georgy Palanchuk 4 Property Street Address 12205 14$" F3e[+ton, Washington, 98052 { Legal Description Exhibit Wand `B" attached Tax Loi Descripbon 102305 9030 Total Property Size is approximately 42-9= 5, Purchase Pnce• $ 275,000 U S f=unds 6 Earnest Money (To be held by Closing Agent) Personal Check S NIA Note $ 15,040 U 5 Funds other( ) S NIA 7 Default. X Forfeiture of Earnest Money t t 's Remedies 8 Title Insurance Company. Pacific Norlhwest Title Insurance Company 9 Closing Agent, Chicago Title Insurance Company 10 Closing Date. See Addendum `A' S1 Possesslon Date See Addendum 'A 12 Offer Expiration Date: 3 00 PM PST May 101h, 2001 13 Counteroffer Expiration Date, - — ca 14. Addendum Altached m 15 Short Plat, Not legacy required to tm Shact Platted cam► 16, Zoning. R-5 <:� 17 Peastbtfity Contingency Expiration Date, See Addendum A 541 ffQ:T� 06,�t+tt�u.� O -- 8UYER JP Nun LLC SELLER GeoMy Pal huk C� Per Cti Act orvin+i Sianalary Dale :S i 6 t Dale -5lxe�lrl BUYER S Address SELLER'S Address 12409 148t" Ave SE 12205 1481" Ave SE Sinal sheet Renton• Wa 98452 Rent n WR 98050 C+ty Stale Zip City, Slale.ZFp �jfZ��ar INITALS BUYERS DATF _s`6f sEt,LER: f nT� r VACANT LAND PURCHASE AND SALE AGREEMENT GENERAL TERMS A Purchase Pnce BUYER agrees to pay to SELLER the purchase Pnce, including the Earnest Money, in cash or certified check at Closing, unless otherwise specified in this Agreement. BUYER represents that BUYER has or will have sufficient funds to close this sale in accordance with this Agreement and is not relying on any contingent source of funds or gifts, except to the extent otherwise specified in this Agreement. If Buyer is able to receive Plat approval with more than the 12 lots , then the BUYER will pay the SELLER $23,000 per ea. additional lot at closing. ii Buyer uses one or more of the legal lots for open space eirparkSeller will still be paid for the lot The lots wttl Trot be less than 4500 sq ft. and not great- than 8000 sq. ft. Byer t shall provide to Seller a sewer stub, to the Sellers property line, fo the future hook up of the S� ` existing residence. It will be up to the Seller to pay for the hook p and installation to the residence 00, C V"A � B. Earnest Money BUYER agrees to deliver the Earnest Money within 2 days after mutual ,[] acceptance of this Agreement If the Earnest Money is over $5,000 00 it shall be deposited into an interest bearing trust account Earnest money shall be in the form of a promissory note due and f) V � payable to Chicago Title Insurance Company upon mutual acceptance of this offer Interest, d Iv o any, after deduction of bank charges and fees, well be paid to the BUYER or credited to BUYER at o closing BUYER agrees to pay financing and purchase costs incurred by BUYER If all or part of the �+ Earnest Morey is to be refunded to BUYER and any such casts remain unpaid, the Closing Agent r� may deduct and pay them there from Earnest money is to be released directly to SELLER, non o refundable and is to be credited to BUYER at closing C. Zoning SELLER does not warrants that the current zoning designation is as identified in Specific c:1 Terms item No 16 Buyer to check with County at his sole discretion C:p D. Condition of Title. BUYER and SELLER authorize Closing Agent to insert, attach or correct the Legal Descnp(ion of the Property over their signatures. Unless otherwise specified in this Agreement, title to the Property shalt be marketable at Closing The follow'umg shall not cause the tale to be unmarRetable rights, reservations, covenants, conditions and restrictions, presently of record and general to the area, easements and encroachments, not materially affecOng the value of or unduly interfering with BUYER's reasonable use of the property; and reserved oil andlor mining rights Monetary encumbrances not assumed by the BUYER shall be paid by SELLER on or before Closing Title shall be conveyed by a Statutory Warranty Deed If this Agreement is for conveyance of a BUYER's interest in a Real Estate Contract, the Statutory Warranty Deed shall include a EWYER's assignment of the contract sufficient to convey after acquired title If the property has been short platted, the Short Platt numor is i the Legal Description 54arIM E. Title Insurance. SELLER uthonzes BUYER's lender or Closing Agent, at SELLi:R's expense, to �. apply for an Alia form owner's policy of title snsuranoe, with Cntlataon protection endorsements if available at no additional costs, from the Tina insurance Company The Title Insurance Ccmpany is to send a copy of the preliminary oommltment to both BUYER and SELLER The preliminary commitment, and the title policy to be issued, shall contain no exceptions other than the General Exclusions and Exceptions In said form and Special exceptions consistent with jot the Condition of Title herein provided If title cannot be made so insurable prior to the Closing Date, then the Earnest Money shall, unless BUYER elects to waive such defects or encumbrances, be refunded to the BUYER, and SELLER shall reimburse BUYER for all actual out-of-pocket expenses V V PJ� 51716( (�� /2 a M c.i c C" ca VACANT LASED PURCHASE AND SALE AGREEMENT SPECIFIC TERMS incurred by the BUYER, and this Agreement shall thereupon be terminated. BUYER shall have the right to damages as a consequence of SELLER's inability to provide insurable tate. F. Closing. This sale shall be closed by the Closing Agent on the Closing Date "Closing" means the date on which all documents are recorded and the sale proceeds are avallible to SELLER The date for Closing shall be (a) thirty (30) days after Preliminary Plat approval from King County or City of Renton, but no longer than 16 months from signed agreement, unless there is Title exceptions G. Possession. BUYER shall be entitled to possession at 100 p m. on the Possession Date SELLER agrees to maintain the Property in its present condition, normal wear and tear excepted, until the BUYER is entitled to possession H, Closing Costs and Prorations. SELLER and BUYER shall each pay one-half of the escrow fees. Taxes for the current year, rent, interest, and hanable homeowners association dues shalt be prorated as of Closing BUYER agrees to pay BUYER's loan costs, Including credit report, appraisal charge and lender's title insurance, unless provided otherwise in this Agreement. if any payments are dehnquent on encumbrances %Nch will remain after Closing, Closing Agent is instructed to pay them at Closing from money due to, or to be paid by, $ELLER, I. FIRPTA - rax Withholding at Closing. The Closing Agent is instructed to prepare a certifleakon that Si~LLER is not a 'foreign person" within the meaning of the Foreign Investment In Real Property Tax Act SELLER agrees to sign this certification, If SELLER Is a foreign person. and this transaction is not otherwise exempt from FIRPTA, Closing Agent Is instructed to withhold and pay the required amoisnt to the Internal Revenue Service ,f. Notices. Unless otherwise specified in this Agreement, any notice required or permitted in, or related to, this Agreement (including revocations of offers or oounterof ars) must be in writing Any dernand, request or notice which either party hereto desires or may be required to make or deliver to the other shall be in writing and shall be deemed given when delivered by facsimile, personally delivered, delivered by private courier service (such as Federal Express), or three days after being deposited in the United States Maa in registered or certified form, return Mcelpt requested, addressed as follows or to such other single address and person as either party may communicate to the other by lixe written notice K. Computation of Time. Unless otherwise specified in this Agreement, any period of time stated in this Agreement shall start on the day following the event commencing the period and shall expire at 9 00 p m of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday, in which event the specified period of time shall expire on the next day that is not a Saturday, Sunday of legal holiday Any specified period of 5 days or less shall not include Saturdays, Sundays or legal hoWays Time is of the essence in this Agreement L. Facsimile Transmission. Facsimile transmission of any signed origmai document, and retransmission of any signed facsimile, shall be the same as delivery of an original. At the request of either party, or the Closing Agent, the parties will confirm facsimile transmitted signatures by signing an original document INITALS BUYERS DATE f 4l SELLER DATV-,f�*4 Al I % VACANT LAND PURCHASE AN13 SALe AOREEMENT SPECIFIC TERMS M. Integration. This Agreement constitutes the entire understanding between the parties and supersedes all prior or contemporaneous understandings and representations. No modification of this Agreement shall be effective unless agreed in writing and signed by BUYER and SELLER N. Assignment. BUYER may assign this Agreement, or BUYER's rights hereunder, with SELLER's written consent Said consent not to be unreasonably withheld 0. Default. in the event BUYER fads, without legal excuse, to complete the pur+o me of the Property, then the following provision, as idenWed in Specific Terms item No 7, shall apply, i. Forfeiture of Earnest Money. That porton of Ute Eamest Money that does not exceed five percent (5%)of the Purdhase Price shall be forfeited to the SELLER as the sole and exclusive c remedy available to SELLER for such failure C" P. Attorneys` Fees. Ji BUYER or SELLER institutes suit against the other concerning this Agreement 4:14 the prevailing party is entitled to reasonable attorneys' fees and expenses. c cD Q. Offer. BUYER agrees to purchase the Property under terms and conditions of this Agreement SELLER shall have unto 3 00 p m on the Expiration Date to accept this offer, unless sooner withdrawn Acceptance shall not be effective untit a signed copy is actually received by SELLER If this offer is not accepted, it shall lapse and any Earnest Money shall be refunded to BUYER, r- �, R. Counteroffer SELLER agrees to sell the Property under the terms and conditions of this N Agreement If SELLER makes a counteroffer, BUYER shall have until 6100 p.m. on the Counteroffer Expiration Date to accept the counteroffer, unless sooner withdrawn Acceptance by BUYER shall Constitute mutual acceptance K the counteroffer is not accepted, it shag lapse and Earnest Morley shall be refunded to BUYER. if no expiration date is specified for a future counteroffer, the counteroffer shall expire at 5 00 p m on the second day after the counteroffer is signed by tate last party making the counteroffer, unless sooner withdrawn S. Commission. The BUYER is responsible for any real estate commissions or finder's fees payable in relation to this transaction Pacific Land Cwsulting Inc is being paid by a signed consulting Agreement by BUYER T, Agency Disclosure: No agency disclosure is required for this transaction Each pally acknowledges that they shall seek their awn legal advice iii regard to flus transaction U, Feasibility Contingency. It is the BUYER's responsibility to verify before the Feasibility Contingency Expiration Date identified in Specific Terms item No 17, whether or not tate property can be platted, developed and/or built on (now or in the future) and what It vdlt cast to do this BUYER shall have days after mutual acceptance of this agreement within which to conduct a feasibility study Said feasibility study shall be conducted by BAYER at BUYER's expense This feasibility study shall be deemed unsatisfactory if notice to the contrary Is not received by SELLER or his agent by the date §_1Says from mutual acceptance of this Agreement. if BUYER is not satisriad with the feasibility study, this transaction shall be null and void, and eamest money shalt be ratumed to BUYER In the event BUYER fails to provide written approval of said Feasibility Coribngency to SELLER iN lTALS BL yin DATE 5h a I ,, SELLERS , DA'T'E .lam Al tl VACANT LAND PURCHASI* AND SALE AGREEMENT SPECIFIC TERMS within the specified period, this Agreement shall be rendered null and void, the entire Earnest Money Deposit shall be returned immediately to BUYER and BUYER and SELLER shall have no further obligation hereunder V It Is further Agreed to: I SELLER SHALL PROVIDE BUYER within three days (3) of mutual acceptantte of this agreement, copses of any engineering plans, soil study reports, surveys, ernironmental review studies or correspondence including wetlands, cost reports, construction bids, feasibility studies, traffic reports, rezoning or development applications, correspondence wrath all govemment agencies and authorities, notices of claims and/or any other informatwn in the SELLER's possession that would be pertinent to the development of the property SELLER shall disclose to BUYER any information of which the SELLER is aware that could adversely affect the dev*pment of the Property contemplated herein and/or impact the BUYER's feasibility investigation. c+I> 2 SELLER HEREBY UNDERSTANDS AND AGREES that BUYER may annex, plat, rezone, grads, I clear and develop any or all portions described in this contract, provided that BUYER do so at his c� awn expense SELLER further agrees to join} with BUYER in any action as maybe necessary in cr► BUYER's sole discretion to effect said plat or any other land use approvals as deemed necessary by BUYER, such as signing of all appticatcons, documents, easements, dedication of roads, r� acquisition of utilities, requests for zoning, annexation etc, at no expense to SELLER, the BUYER agrees to indemnify and hold harmless the SELLER from any liens that may be asserted against the property because of action or work done by BUYER c� 3 BUYER shall have permission to enter the subject property for inspections by himself or his agents CIA to conduct an investigation and a feasibility study of the suitat„lity of the property for BUYER's interided use including, but not limited to, market feasibility, engineering and soils studies, mvestigaton of zoning, subdivision, and other land use and environmental restrictions, and availabitiky, adequacy, and cost of utilities and to complete any other work required for the development of the Property BUYER shall hold SELLER harmless from any liabilities therein BUYER shall also have permission to post any necessary signage. 4 NO PENDING ACTIONS To the best of SELLER's knowledge, no action, litigation, government investigation, condemnation proceeding, eminent domain proceeding or any other proceeding is pending or contemplated as to all or part of the Property 5 HAZARDOUS SUBSTANCES To the best of SELLER's knowledge, there are no underground substances on, in, under or adjacent to the Property by SELLER, or any other person or entity For purposes of this Agreement, "hazardous substances" means any toxic or hazardous wastes, materials or substances, including wAhout limitation pofychlonnated biphenyls, petroleum products and by-product storage tanks on the Property and there has been no production, disposal or storage of any hazardous substances, defined as "hazardous substances" or"toxic substances" m local, state or federal ordinances, laws, rules, and regulations INITAL5 BUYERS DATE i SIELLEXi TATE' A VACANT LAND PURCHASE AND SALE AGRKMENT SPECIM TERMS To BUYER JD Faun LLC Attention Brian Ross 7947 159i' PI EVE, Rernond, Wa 98452 Facsimile (425) 793-3388 To SELLER r2eoray Patanchuk 12243 1449 Ave BE Renton, Wa 98059 c*7 6 SECTION 1031 EXCHANGE: 8 UYER acknowledges that SELLER may elect to sell the Property pursuant to a Section 1031 Exchange BUYER agrees to cooperate with SELLER to give effect to said exchange and to execute and deliver such documents and writings as may be reasonably required to ca evidence said exchange transaction, PROVIDED, however, SELLER shall be req*ed to pay any o additional costs or expenses associated with the 1031 Exchange, and BUYER shalt not be responsible for any additional costs, liabilities or expenses nor shall BUYER be mored to take title to any property except the Property Further, BUYER has made no representations or warranties to SELLER in connection with the ability to quality the sale as a 1031 Exchange, V.4 7 OTHER TERMS MS For the purpose of this Agreement, and within the terms of this Agreement, the terms BUYER, BUYERS, BUYERS' and BUYER's shall refer to and be binding upon JO Hun LLC, its successors and assigns by the parties of this contract, and only at BUYER's option and/or discretion, any future company, corpombon or entity name in which JD Hun LLC. may enter into All or part of this Agreement may be sold or assigned by BUYERS with the consent of the SELLER. Said consent not to be unreaswabty wnthhetd Assignment or sate by the BUYER shall not relieve it of the BUYER's obligations under this agreement For the purpose of this Agreement, and within the terms of this Agreement, the terms SELLER. SELLERS, SELLERS' and SE.LLER's shall refer to GeoT}y Palanchuk, its successors and assigns by the parties of this contract, and only at SELLER'S option and/or discretion, any future company, corporation or entity name in which Georgy Palanchuk, may enter into. If the by SELLERS interest in this Agreement is assigned any tiros prior to the final closing ,the SELLER's responsibility to BUYER to fulfill all terms of the Agreement shall not be waived All representations and warranties of the SELLER contained herein shall be true, accurate and complete at dosing Date as rf made again at such time INITAL5 BUYERS DATE 6( SELLER: DATE. it . / // VACANT LAND PURCHASE AND SALE AGREEMENT SPECIFIC TERMS BUYER offers to purchase the property on the terms and oondittons of this Agreement and SELLER agrees to sell the property on the terms and condibons of this Agreement c BUYER JD Hun LLC Per Authonzed signatory Date SELLER. G Date nom,. o INITALS BUYERS AdA DATE 7h, �ELLER DATE 0 REc Real Estate Purchase and Sale Agreement Dated May 3, 2001ths 2001 for that property known as 4.1 acres of 11205 1480` Ava SE, Renton ,WA, by and between JP HMrt LLC. and/orassiERs as SHYER, and Georgy Palattc_ tuk as SELLER. PROMISSORY NOTE (SHORT FORM) S15,00000 Redmond, Washington For value received Duclualt to the 001 erenced Real Estate Purch0le Anj Sak, ]D HUN LLC AND/OR ASSIGNS promises to pay to Chicago Title lttsurarm Company: at 10500 NE a suite 1760 Bellevue, WA 98004 , the sum of !fifteen Tho!Ugad and no/IMI DOLLARS, with inUcestthmaon at flus c,-, rate of -4- percent per annum from date hereof, payable as follows Upon removal of contingencies as set forth to Paragraph I of Addendum A of the above retbrenoed Real Estate e� Purchase and Sale Agreement c This note shall bear interest at the rate of -10- percent per annum, but not to exc*W the statutory limits, after 4= matunty or after failure to pay any installment as above specified, and if this vote shall be placed in the hands Of an `— attorney for collection, or if suit shall be brought to collect any of the pnncipal or interest of this now I promise to pay a reasonable attorney's fee 0 o Each maker of this npae executes the samo as a principal and not as a surety. C.4 By XD HUN LLC 49VA.,)� 517461 AutNoraed signatory late VACANT LAND PURCHASE AND SALE AGREEMENT GENERA. TERMS Al— P ��10jaIV v 1' bridals BUYER DATE g 46 f SELLER DATE BUYER DATE SELLER DATE: _ Exhibit A SHAMPOCK NURSERY TRIAD JOB NO. 00-194 FEB. 13, 2001 REVISED MAY 3, 2001 LEGAL DESCRIPTION FOR WESTERLY PORTION OF PAL.ANCHUK PROPERTY THE SOUTH HALF OF THE NORTH HALF OF THE NORTHEAST QUAFi S OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE S EAST, W M, KING COUNTY, WASI•IWNGTON: EXCEPT THE NORTH 132 FEET THEREOF; AND EXCEPT THE EAST 286 FEET THEREOF. c� CONTAINING 4.70 ACRES, MORE OR LESS. r m era o WRITTEN: WC CHECKED NAY o (NOTE THIS LEGAL DESCRIPTION IS INTENDED TO BE USED IN FINANCING DOCUMENTS ONLY AND I$ NOT INTENDED TO aE USED IN DOCUMENTS THAT CONVEY FEE TITLE, THE FINAL LEGAL DESCRIPTION FOR THIS LOT c WILL BE THE RESULTS OF AN APPROVED BOUNDARY LINE ADJUSTMENT OR SHORT PLAT) TRIAD ASSOC(ATIES 14814 115th Avenue N E Knidend. WA 98034 (425)621-84481 Fax (425)821.3481 3/714( cm cqn N C2± 0 W 0 k�� Q P M Z air r EpGE 4F �FtK,T 148TH AVE. S.E. I i I I I SHA CK AfLgSFRY Ila s� WASHWOM x�rc caaravr�; ' y 1 _3 W 0 k�� Q P M Z air r EpGE 4F �FtK,T 148TH AVE. S.E. I i I I I SHA CK AfLgSFRY Ila s� WASHWOM x�rc caaravr�; � „� , f � �`�;/'� �,4 �� �y • �4 fes_ -n Jfr` Return Address DIRKA BARTRAM CIO VANDEBERG JOHNSON & GANDARA 600 UNIVERSITY STREET. SHITE 2424 SEATTLE, WA 98101-1192 ■wasararaaasraraaaaarrraraawrraaaaaaassarwawwaraaawrrrraasawrrsaawwrrrawa� Document Title(s) (or transactions contained therein) 1 UGC FINANCING STATEMENT?�'$� .-- 2 4 C> Iawwrrraaaaawarrrraaaarrraaawasraaaraaaaraaaaawrraraaaaraaaraawrraaaawrrr■ Reference Numbers) of Documents assigned or released. (on Page of documenis(s)) C� �aaaaaarraaaaaa■■rrawawwarrraaawasasrrawwwrrraawsarrraaraawaraa■■rraaaaaw■ ■-- Grantor(s) 1 SHAMROCK HIGHLANDS LLC FILED FOR RECORD Al THE REQUEST OF 2 TRANSNATION TITLE INSURANCE CO 4 Additional names on page of document lowaaraaaa■warraaawwwwwararaawwararrwrrwrrrarwawararasw■■rrraaswrraaawwrri Grantees(s) 1 J P HUN LLC 2 3 4 Additional names on page of document ■■rwaaawrwrraawaawrrrrrawawwwarrrra■■■■rrarwawrrarrr■■ww■rrrar■arsaa■■ww Legal description (abbreviated i e lot, block, plat or section, township, range) PTN SW'/, SEW SEI/4 SEC 10 TWON 23N RGE 5E Additional legal is on pages7&8 of document ■■a■wrrrrrerwwa■rrrrrww■■■rrrraaaarrrraaaaawwrrarww■w■rrawaawrrraaswwrraa■ Assessor's Property lax ParcellAccount Number 102305 9174 102305 9174 Additonal parcels are on page of document �aaawr■rrawawawrrrrraaawwwwaraaawwwrrraaawarrraaaaawwarraaa■rrraraaawrrrr� The Auditor/Recorder will rely on the information provided on the form The staff wdl not read the document to verify the accuracy or completeness of the indexing information provided herein ■■■rrawrw■■■■■rrrawaa■■rrrrwra■rrarawaww■rraau www■rsaaa■arrrrrawwwarrwaw■ Washington State County Auditor/Recorder's Indexing Form (Cover Sheet) UCC FINANCING STATEMENT FOLLOW INSTRUCTIONS Mont and beck CAREFULLY A NAME 4 PHONE OF CONTACT AT FILER [OPWOQ Dirk A Bartram (206) 388.8081 B SEND ACKNO LEDGMENT TO (Name and Address) I—Dirk A Bartrarn do Vandeberg Johnson & Ganders 600 University S00et. SUrte 2424 LSeattle WA 88101-1192 1 DEBTOR'S EKACT FULL LEGAL NAME..nnd only M dabW name (Ie or 1b) -do Md- rWaWNIZATIOWS teE --I Shamrock Highlands LLC OR YST N FIRST NAI CNr V_ — cr7 1a MA C-4 411 108th Avenue NE, Suite 1970 O 1d TAX ID O SSN OR EIN AWL IN ORE Ila TYPEOFOA OROANITAYM LLC DEBTOR O 2 ADDITIONAL DEBTOR'S ExACT FULL LEGAL NAME L=) 20 ORGAN VOWS NAM r' - OR 2b INDIVIDUAL'S LAST NAME N N MA LINO AODREW THE A90VE SPACE N FOR ww ria"m Bellevue WA 1 98004 if Jl1RISDICTIONOFOR NIZATION 10 oROANiTATiWNAL Washington I602150596 dsbiar mu (Zs or 2b)- do not aubnnab or ooalbaia norm Orly { DEBTOR I 9 SECURED PARTY'S NAME W TAME ofTOTALASSIONEEdASSMORSM) Inmett024olsem&adP r Of�0AN12ATION S NAM, J P hun LLC and the adddionat secured parties listed on Exhibit A attached hereto OR ....w.R, i ." Nauc FIRSTNAME USA ^ �12409 148th SE Renton WA 1 98059 USA 4 This FINANCING STATeJENT*w6f51ha Mlow ep ealeteral See Exhibit B attached hereto and incorporated by reference herein EXHIBIT A TO UCC FINANCING STATEMENT BETWEEN Shamrock Highlands, LLC, Debtor, and J.P. HUN LLC, et al , secured creditors. Additional Secured Parties, Patrick Hunsaker and Ann. Marie Hunsaker, husband and wife, 4�+ James Hunsaker and Dense Hunsaker, husband and wife; John Hunsaker and Norma Jean Hunsaker, husband and wife, Timothy Hunsaker and Bonnie Hunsaker, husband and wife, Brian Morrison and Cora Morrison, husband and wife; C:' John Hoiland and Barbara. Hovland, husband and wife, and Kenneth Troseth and Sharon Troseth, husband and wife. C. Address 12409 148`' S.E. Renton, WA 98059 c.1 F Vn"%3RAMROCK•HUNSAKER RE - 6k 161 81fa MIT A TO UCC DOC EXHIBIT B TO UCC FINANCING STATEMENT BETWEEN Shamrock Highlands, LLC, Debtor, and J.P HUN LLC, et al, secured creditors Collateral Description. (a) All fixtures and articles of property now or hereafter attached to, or used or adapted for use in the ownership, operation or maintenance of the real property and improvements ``4 thereon, legally described on Addendum One, Exhibit A hereto ("Real Property"), including, without limitation, all heating, cooling, air-conditioning, ventilating, refnger- ating, plumbing, lighting, security and access control, cooking, gas, electric and com- munication fixtures, equipment and apparatus; all conduits, pipes, pumps, tanks, ducts, v� water ]Heaters and furnaces; all ranges, stoves, disposers, refrigerators and other appliances; all baths, sinks, all cabinets, partitions, mantels, built-in mirrors, window - shades, blinds, screens, awnings, storm doors, windows and sash, all carpeting, under- !.- padding, floor covering, paneling, and draperies, and all shrubbery and plants All such Q items shall be deemed part of the Real Property and not severable wholly or in part without material injury to the freehold, (b) All tangible and intangible personal property ("Personal Property") used in connection with the ownerslup, operation or maintenance of the Real Property, (c) All materials supplies, and other goods, wherever located, whether in the possession of Debtor, warehouseman, bailee, or any other person, purchased for use in the construction or furnishing of the Improvements, together with all documents, contract rights, and general intangibles relating thereto, and all proceeds thereof, (d) All of Debtor's rights in use permits, building permits, government approvals and entitlements, and applications, filing, and submittals therefore, all subdivision, tract, and parcel maps, and all surveys, All architectural drawings and specifications, site plans, plot plans, grading and erosion plans and other drawings, All architectural, engineering, surveyor, and other consultant agreements; All documents, reports, calculations, studies, plans, specifications, designs, analyses, correspondence, contracts, and other materials relating to the possible subdivision or development of the Real Property , including, but not limited to, feasibility studies, investigative reports, soils reports, wetland studies or delineations, environmental studies, engineering analyses, calculations or reports, biological assessments, tragic studies, or drainage analyses, and any other rights or contracts relating to the possible subdivision or development of the Real Property or any part thereof I P IDAHLSHAMR=.HUNSAKCR RC - 61161 21MC •- EX MU B •COLLATERAL 0CSCR7n0N - 1002 01 DW (e) Any construction contract relating to the Real Property, together with all performance, payment, completion or other surety bonds now, or hereafter issued, by any surety in connection with or related to said construction contract, insofar as the same may be transferable by Debtor without breach of any such bond; and (f) All of the Buyer's rights and interest under that certain Vacant Land Purchase and Sale Agreement dated on or about May 2°4, 2001, between Georgy Palanchuk and Natalya Palanchuk, husband and wife, as sellers, and J P. HUN LLC, a Washington limited liability company, as buyer, concerning the real property commonly known as 12205 — 1480`, Renton, Waslungton, 98052 and legally described as follows The south half of the north half of the northeast quarter of the southeast :- quarter of Section 10, Township 23 North, Range 5 East, WM, King M County, Washington, except the north 132 feet thereof, and except the east 286 feet thereof, containing 4 70 acres, more or less And together with all of the items of collateral described in items (a) -- (e) and (g) r- of this Exhibit B, as the same may relate to the Palanchuk Property, and Buyer's rights under Palanchuk Agreement have been assigned to Debtor pursuant to that C* certain Assignment Assumption, Consent and Release Agreement dated October 1, 2001, and Addendum No. 1 thereto among J.P. HUN LLC, CamWest Development, Inc, Georgy Palanchuk and Natalya Palanchuk and Debtor (g) All of the rents, revenues, issues, profits, and income of t'ne Real Property, and all right, title, and interest of the Debtor an and to all present and future leases and other agreement for the occupancy or use of all or any part of the Real Property described in Exhibit A to Addendum l hereto, and all right, title, and interest of Debtor thereunder, including without limitation all cash or security deposits, advance rentals and deposits or payments of similar nature, and all guarantees or tenants' or occupants' performance under any and all leases or agreements of occupancy or sue of all part of the Real Property described in Exhibit A to Addendum One, SUBJECT, HOWEVER, to the assignment to Lender of rents and other property set forth in that certain Deed of Trust, Assignment of Rents and Leases, and Security Agreement (h) All proceeds of the foregoing 2 F 1pABIRHAMROCK-HUNSAKM Rt - dl101 21UCC LXHM17 D OULA7LML DESCA MON 10 0Y 0[ DOC UCC FINANCING STATEMENT ADDENDUM FOLLOW INSTRUCTIONS {irons and back) CAREFULLY 1) NAME OF FIRST DEBTOR (la or 11}) ON RELATED FINANCING STl ya ORGANIZADOH S NAME Shamrock HlgN nds LLC DR INOIYlDUAL S LAST NAME IFIRSTNAME SD MWELLANEOUS C�1 C+'7 M G C? O 11 ApDLTIONALDEBTI cm 11a ORGAMIZAT10MS OR 11b INDMDUALSLAS 4=0 id TAX 11)# SSNOREIN JAODLINFORE pl* 12 OR THR ABOVE f;PACE a FOR FILING OFFICE USEONLY 1S Tho FINA!lCWGsTATEMENT c mrs Li tagbar to be outer[ as ewaded 16 AdMorml mlalent d—O On Cdatarrl or ur 140 as a ® l turr r1hN 14 Daadiptron of real salrlr See E►dnblt A to Addendum aftached hereto and Incorporated by reference herein 15 Name and eddrasa of a RECORD OWNER of anoae d8smb4d rasl aaUts la Dwyw due not hFa a reowd sfe W ww 17 C6* ftift d ayW"s and &" Q* onp boa o"r a • Tnrp a Truster aclxq wdh +aspect la txaprtN hold n trual or Deaderq r Fatale 18 am* q* if ■pvx" and die& gift am barn Dabw s a TR7"M17 W UTIUW NO In COnneCbOn with 6 Mmufadund-Norna Tneaaehm — offW" 30 ywra Filed u+=nneclwn vsM s ftbkp- rruaros Iremsaw — atfac4+e Sb yaws FILING OFFICE COPY NATIONAL UCC FINANCING STATEMENT ADDENOUM (FORM UCC1Ad) (REV 07129198) WASHINGTON FILLABLE (REV OW1312001) EXHIBIT A DESCRIPTION OF PROPERTY PARCEL A: THE EAST l3 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF, AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E 128 TH STREET BY DEED RECORDED UNDER ICING COUNTY RECORDING NOS 5755891 AND 5755892, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL B. THE EAST 100 FEET OF THE SOUTH ISO FEET OF THE EAST'/a OF THE SOUTT IWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST WM, EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E 128 TH S'T'REET BY 4�r DEED RECORDED UNDER KING COUNTY RECORDING NO 5755891, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON c+7 PARCEL C: THE NORTH 14 OF THE NORTH % OF THE SOUTH'h OF THE NORTH 1/2 OF THE EAST'/ OF THE c SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE EAST 290 FEET THEREOF, o TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOU CFi 30 FEET OF SAID © EAST 280 FEET, SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON C= PARCEL D � THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH % OF THE NORTH '/a OF THE EAST 'A OF rHE SOUTHEAST 114 OF SECTION I0, TOWNSHIP 23 NORTH, RANGE 5 EAST W M. EXCEPT COUNTY ROAD, SITUATE IN THE COUNTY OF ICING, S TATE OF WASHINGTON PARCEL E. THE WEST 794 FEET OF THE SOUTH Ya OF THE SOUTH Ma OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO S90MO351 PARCEL F: THE SOUTH '/2 OF THE SOUTH 'h OF THE NORTHEAST 1/4 OF T14E SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, AND EXCEPT THE WEST 794 FEET THEREOF, AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON (SEE NOTE 6) ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO S90MO351 PARCEL G: THE NORTH 'A OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M. EXCEPT THE NORTH 168 05 FEET OF THE LAST 302 15 FEET THEREOF, AND EXCEPT THAT PORTION THEREOF FOR 148 rH AVENUE S E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON F\DAy%KAMRoCK-HUNSAKLARE-6116121C1oifn&0m%VCC -AddaW m I -Exh A -1002-014W 04 m 0 C=3 PARCEL H: THE NORTH 168 05 FEET OF THE EAST 30215 FEET OF THE NORTH k/, OF THE NORTHEAST 1/4 OF THS SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE S EAST Wm, EXCEPT THAT PORTION THEREOF FOR 148 THAVENUE S E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING. STATE OF WASHINGTON PARCEL THAT PORTION OF THE SOUTH h OF THE NORTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTII, RANGE 5 EAST W M. DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST 114 OF SAID SOUTH h, THENCE NORTH 88°20'44" WEST ALONG THE NORTH LINE OF SAID SOUTH'A 50 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 88020'44" WEST 216 94 FLET, THENCE SOUTH 0(1SZ" WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH % 329 36 FEET TO THE SOUTH LINE THEREOF, THENCE SOUTH 88°20132" EAST ALONG THE SOUTH LINE OF SAID SOUTH'/2, 266 94 FEET TO THE SOUTHEAST CORNER THEREOF, THENCE NORTH 04015'25" EAST ALONG TIE EAST LINE OF SAID SOUTH'A 313 35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER., THENCE NORTH 88°20'44" WEST PARALLEL TO THE NORTH LINE OF SAID SOUTFI A 50 FEET, THENCE NORTH 00015'25" EAST PARALLEL TO THE EAST LINE OF SAID SOUTH'!2, 16 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE COUNTY OF KING, STATS OF WASHINGTON ROAD PARCELS: The North 16 feet of the South half of the Northeast quarter of the Southeast quarter of the Southeast quarter of said Section 10, Township 23 North, Range 5 East, W M , in King County, Washington The North 16 feet of the East 50 feet of the South half of the Northwest quarter of the C= Southeast quarter of the Southeast quarter of said Section 10; Township 23 North, Range 5 East, W M, in King County, Washington. 2 F TAMSHANMOCK HUMSAKER R6.6716131ClmmS Dm%UCC -- Addmdum 1- Exh A - 10 02 di doe After recording return to: U.S. BANK, NA Attention: THOMAS SILVER 10800 N.E. 8th St., Suite 1000 Bellevue, WA 98004 ASSIGNMENT OF DEED OF TRUST For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned, a Washington limited liability company, as Beneficiary, hereby grants, conveys, assigns and transfers to U.S. BANK NATIONAL ASSOCIATION, whose address is 10800 Northeast Eighth Street, Suite 1000, Bellevue, Washington 98004, for security purposes, all beneficial interest under that certain Deed of 'frust, dated October 1, 2001, executed by SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, as Grantor, to RICHARD J. POWERS, Attorney At Law, as Trustee, and recorded on the 9th day of October, 2001 under Auditor's recording Number 20011009002308, `~ Records of King County, Washington, encumbering that certain real CC.o property legally described on Exhibit "A" attached hereto. r- 0 C3 Abbreviated legal description: CIO Portions of Section 10, Township 23 North, Range 5, EWM r-- Tax Parcel No's. 102305-9040-09; 102305-9304-00; N 102305-9319-03; 102305-902201; 102305-9415-06; 102305-9174-07; 102305-9031-00; 1023059191-06; 102305-9384-03 Together with Promissory Note or Notes therein described or referred to, the money due and to become due thereon, with interest, and all rights accrued or to accrue under said Deed of Trust. DATED October 24, 2001 - BENEFICIARY: BASE CAPITAL, L.L.C., a Washington limited liability company, By: H. THOMAS WICK, Managing Member SEE ATTACHED ACKNOWLEDGEMENT STATE OF WASHINGTON ss. COUNTY OF KING On this�,�day of elG � P- , 2001 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared H. THOMAS WICK to me known to be the Managing Member of BASE CAPITAL, L.L.C., the Washington Limited Liability Company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Washington Limited Liability Company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. e•. L477 WITNESS my hand and official seal hereto affixed the `a day and year first above written. 4 L N �0 � ^� C/ ( 2/ Y �a �'� •. •�ggj H�Qsy1�� NOTARY PUBLI FOR WASH NGTON NO Residing at IL t L��U � y %0 My appointment expires VL �a � q,� _ = Printed name of Notary 91 1'iajU' K lAV=L A: THE EAST 'h OF THE SOUTHWEST 5 4OFTHE W.M.;SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SEMON 10, TOWNSHIP 23 NORTH, RANG EXCEPT THE EASY 104 FEET OF THE SOUTH ISO FEET WHEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S.E. 121P STREET BY DEED RECORDED UNDER KING COUWN RECORDS NOS. 57SS991 AND S755M2; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON' PARCEL 0: OFTHE THE EAST 100 FEET OF THE SOUTH 1,50 FEET SECTIONHE EEST 114 lo 1h OGWN� 21 RANGE S EAST SOUTHEAST 1/4 OF THE SOUTHEAST 1/4OF W.M.; SOUTH 42 FEET THEREOF AS COf4VVW To KING b0IJN1Y FOR S.E. 128m STREET BY EXCEPT THE DEED RECORDED UNDER KING COUNTY RECQA�GING NO. 5751: SITUATE IN THE CITY OF FtENTON, COUNTY OF KING, STATE OF WASH TON. c— PARCEL C: cr *OF THE NO 16 OF THE EAST % OF THE THE Nom Ifs OF THE NORTH .Vi OF THE SOUTHEAST 114 OF SECT= 10, TOWNSHIP 23 NORTH, RANGE S EAST W.M.; EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 260 FEET; � SITUATE im THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL D: THE SOUTH V2 OF THE NORtH � TOWNSF THE HIP 5�P 23 NORTH, RANGE 5S EAST W.MUTH Y: OF THE NORTH A OF E F�IST'h OF THE SOUTHEAST 1/4 OF SECTION 1 p(CEPT COUNTY ROAD,' SITUATE IN THE COUNM OF KING, STATE OF WASHINGTON. EX_fiIB IT A -I PARCEL. 9.1 THE WEST 794 FEET OF THE SOUTH 'A OF THE SOUTH % OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S90M0351. PARCEL F: THE SOUTH W OF THE SOUTH V2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; AND EXCEPT THE WEST 794 FEET THERE -OF; AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. ' (SEN NOTE 6) ALSO KNOWN AS A PORTION OF IAT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S94MO351. PARCEL G: THE NaRTH % OF THE NORTktLW 1/4 OF THE SOUTHEAST 1/4 OF THE SOLttWAS T 1/4 OF LOP SECTION 10, TOWNSW23 NORTH, MANGE 9 EAST W.M., EXCEPT THE NORTH 168.05 FEET OF THE EAST 302.15 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF FOR 14$x" AVENUE S.E. RIGHT OF WAY; ' SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: +ca THE NORTH 168.05 FEET OF THE EAST 302.15 FEET OF THE NORTH % OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THAT PORTION THEREOF FOR 148TM AVENUE S.E. RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. E x 2I 1 H I T A--2 Z' PARCEL I: THAT PORTION OF THE SOUTH 'lei OF THE NORTHWEST 214 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST WM., DESCRIBED AS FOLLOWS: SEGIKNIHG AT THE NORTHEAST 1/4 OF SAID SOUTH %; THENCE NORTH 88020'44" WEST ALONG THE NORTH LINE OF SAID SOUTH Ui 50 FEET TO THE TRUE POINT OF 8EMMM: THVCE CONTIWJM NORTH 88024'44" WEST 216.94 FEET; THENCE We 15'25" WEST PARALLEL WITH THE EAST LINE 0f SAID SOUTH � 323.36 FEET TO TH9 SOUTH LINE THEREOF; THENCE 93UTH 88°20'52' EAST ALONG THE SOUTH LINE OF SAID F )UTH V+ , 266.94 FEET TO THE SOLiYHOW CORNER THEREOF. ` THENCE WATH W15,7S' EAST ALONG THE EAST LINE OF SAID SOUTH iii 313.35 FEET TO A POINT Iv ' OI�•.$A� NORTHEAST CORNER; � 2V4e,,)#EST PARALLEL TO THE NORTH LIN€ OF SAID SOUTH % SC FEET; THENCE NOXM 1**152'i'" EAST PARAtiB. To TFfE EAST LINE OF SAID SOUTH *h, 16 FEET TO THE TRUE PONT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINFON. "]Panhatldle load Parcels": av The Nczk th 16, feet of the, South half of the, Northeast quarter of the 'Southeast quarter of the Southeast quarter of Section 10, Township 23 North, Range 5, LWM, in King CountY, Washington; �s The North 16 feet of the East 50 feet of the South half of �— the Northwest quarter of the Southeast quarter of the Southeast quarter of Section 10, Township 23 North, Range 4, EWN, in King County, Washington. E X H I H I T A-3 Filed for Record at the request of KING COUNTY WATER DISTRICT NO 90 15606 S.E. 128TH STREET RENTON, WASHINGTON 98059 Easement No.: 10-23-5-15R Project: SE 125'" ST MAIN EXTENSION Tax Parcel ID#: 102305-9042 ar, Grantor(s): ANDY T. PHUNG a 9333 57"` Avenue West Mukdteo, WA 98275 0 C= Grantee(s)- KING COUNTY WATER DISTRICT NO 90 CN AGREEMENT FOR EASEMENT THIS INDENTURE, made this 5 t2' day of 'Ary, -I I , 20 o o , by and bexwnen KIN CObWTY WAT-Ef"it8TRi0T +4e: 9Q -r el ..orporat, ,n of King County, Washington, hereinafter termed the "Grantee", and ANDY F PHUNG, hereinafter termed the "Grantors"; WITNESSETH That the said Grantors for ONE DOLLAR ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged by the Grantees, does by these presents convey, grant and warrant unto the Grantee a permanent easement for water mains and appurtenances under, through, above, and across the following described property situated in. King County, Washington, together with all after acquired title of the Grantors therein, and more particularly described as follows: F %2110011DOMPHUNGESM DOC Page 1 of 5 03124= EASEMENT NO.: 10-23-5-15R The North 10 feet of that portion of Section 10, Township 23 North, Range 5 East, W.M , King County, Washington described as follows The North 16 feet of the South half of the Northeast quarter of the Southeast quarter of the Southeast quarter, ALSO the North 16 feet of the East 50 feet of the South half of the Northwest quarter of the Southeast quarter of the Southeast quarter; LESS County Road. 1 -he Grr.ntor warrants that their title is free and clear of all encumbrances except: C 1 IThese blanks should be either flied m and imbaled by the &antor of Wd out completely E v cm em If the property of the Grantors at the time of granting this easement is unplatted but C= is platted prior to the recording of this document, then the Grantors do hereby � authorize the Grantee to add to this agreement the designation (volume and page, etc.) of such plat. a � The Grantor acknowledges that part of the consideration being paid by the Grantee is for any and all damage resulting to or resulting hereafter from the possible interference of the natural flow of surface waters by Grantee's digging of pipe lines which may disturb the soil composition within said easement. _The Cent" si all have the rsghLw4thaut prior snoWt(Qn p€ any suit of proceeding at law, at such time as may be necessary, to enter upon the easement for the purpose of constructing, repairing, altering or reconstructing said water mains, or malting any connections herewith, without incurring any legal obligation or liability therefor, provided (1) The Grantee, Water District No. 90, will restore Grantors property to a condi- tion as good as or better than the premises were prior to entry by the Grantee, Water District No. 90; F 12111531000SWHl1NGESM DOC Page 2 of 5 03124!00 EASEMENT NO.: 10-23-5-15R M The District will exercise its best efforts not to damage any private improve- ments on the easement herein, but if it does so, it shall repair and/or replace said improvements, (3) Restoration, replacement, and repair shall be completed within 90 days of the date of any entry by the District and said restoration, replacement, or repair will be of a quality and/or Quantity that is comparable or better than existed prior to the Grantee's, District's, entry upon the easement. (4) The above set forth conditions shall apply not only to the initial construction but also to any re-entry by the Water District that becomes necessary for repair and maintenance of the water line on said easement. (5) Any damage and/or removal of any ornamental tree, shrub, fence, or rockery shall be replaced within the aforementioned 90 day period by the District. The Grantor shall retain the right to use the surface easement if such use does not interfere with the installation, repairing, altering or reconstructing of the water main. PROVIDED, the Grantor shall not erect buildings or structures of a permanent nature on the easement during the existence of said easement. The easement, during its existence, shall be a covenant running with the land ,o and shall be binding on the successors, heirs, and assigns of both of the parties o hereto v IN WITNESS WHEREOF, we have set our hands and seals this day of _ 20 00 it%"L a R 'rto �%,,� ANDY T. ,P ANG M+U*t 'w p�atit� o: STATE OF WASHINGTON) ��'•�! � ss �......... ba.#� COUNTY OF KING ) 4tf f IAS %. ► On this day of ge4 , 20 M , before me personally appeared ANDY T. PHUNG to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged said instrument to be the F U 153MOCSNPgUNGESM DOC Page 3 of 5 03/24100 O 6.n C3 EASEMENT NO.. 10-23-5-15R free and voluntary act and deed of said Grantors, for the uses and purposes therein mentioned GIVEN under my hand and official seal this 15 Gr— day of , 20 d NOTAAY PUBLIC in and for a State of Washington, residing at - My commission expires; L F 121116300CSTHUNGESM DOC Page 4 of 5 03124/00 EASEMENT NO 10-23-5-15R S qw'X- v L_ _ Zyus O h� M 70' PERM. EASEMENT 031.22 +3/ F ire ` G 4 r sf• It G S of •fi Jia as ISO E+ S W r a.w � a a y' r i SE 125TH ST ATTAIN EXTENSION EASEMENT NO. 10-23-5-15R F 121%1531D0CWHVNGESM DOC Page 5 of 5 031MOO �I h� R s5 � k cs t• � cm 0 11'7 C 0 a CV i � EASEMENT NO 10-23-5-15R S qw'X- v L_ _ Zyus O h� M 70' PERM. EASEMENT 031.22 +3/ F ire ` G 4 r sf• It G S of •fi Jia as ISO E+ S W r a.w � a a y' r i SE 125TH ST ATTAIN EXTENSION EASEMENT NO. 10-23-5-15R F 121%1531D0CWHVNGESM DOC Page 5 of 5 031MOO Rea urn Address: City Clerk's Office City of Renton 1055 South Grady Way Renton, WA 98055 00251!1 45.16 20041229002517.001 DECLARATION OF COVENANT AND property Tax Parcel Numbers. 1023059319,90Z2, ANNEXATION AGREEMENT 9415 9174, 9031 9191 93$4 9030 9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights Grantor(s): Grantee(s): 1. Shamrock Highlands, LLC 1. City of Renton, a Municipal Corporation The Agreement executed herein between the City of Renton, Washington, a municipal corporation, hereinafter referred to as "CITY" and the Grantor(s), as named above andlor successors in interest of certain property, hereinafter referred to as "OWNER'p is for and in consideration of the furnishing of viility service by the CITY to certain property of the OWNER hereinafter referred to as "PROPERTY". The OWNER does hereby petition for annexation of the PROPERTY to the CITY, does bereby ague to the conditions of annexation herein, and does hereby declare this covenant. 1, AMtMIEDGEMENTS AND REPRESENTATIONS The Grantor does hereby ackrtowledge mid agree as follows: LL The OWNER is the owner of certain PROPERTY, which is located outside the corporate limits of the CITY. 1.2, The OWNER is seelcingPreliminary Plat approval from King County for the PROPERTY. 1.3. The OWNER has requested the QTY to furnish sewer service to the PROPERTY. 1.4. This Agreement to extend sewer service outside the corporate. limits of the CITY is eathorized by RCW 35.67.3 10 and RCW 35.92.174 and shall not be construed as a voluntary agreement pursuant to RCW 82.02.020 and therefore the provisions of RCW 82.02.020 shall not be applied hereto. 1.5. Phis Agreement does not preclude any evaluation and determination by the CITY that later development actions or proposals undertaken by the OWNER may require a determination of significanee and environmental review under SEPA. 1.6. Per Renton Municipal Code Section 4-6-040, the owner of property in Renton's Potential Annexation Area shall execute a commitment to future annexation and compliance with cenain other conditions as a prerequisite for the extension of or connection to the City's sanitary sewer system outside of the City Limits. 1.7. A CITY'S requirement of an annexation agreement or a coimnitment to future annexation as a condition of extending utility service outside the corporate limits of the CM is recognized by Washington law. 1.8. The PROPERTY is looted within the CITY'S POTENTIAL ANNEXAT90N AREA or URBAN SERVICE AREA for annexation purposes as adopted by the C17Y in its Comprehensive, Plan pursuant to the King Cou* Countywide Planning Policies. 20041229002517.002 DECLARATION OF COVENANT AND Property Tax Parcel. Numbers: 1023059319, 9022., ANNEXATION AGREEMENT 9415, 9174, 9031, 9191, 9384, 9030, 9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights 1.9. It is the interest of the citizens ofthe CITY to insure that al/public improvements that are or could be constructed within the corporate limits of the CITY or will be ultimately annexed into the CITY are constructed in amordance with CITY cors b%wfian standards. 1.10. The OWNER'S request for the extension. of utility services was duly considered by the CITY, and it was determined that the furnishing of sewer service to the PROPERTY would be proper upon the fulfilling of all coaditions herein. 1.11. The OWNER does hereby acknowledge that in the event of violation or breech of the terms of this PE=ON, AGREEMENT AND COVENANT, or upon the invalidation of this PETITON, AGREEMENT AND COVENANT by judicial action, operation of law or otherwise, the CITY reserves the right at its sole discretion to Immediately terminate the provision of utility service to the PROPERTY and in such case the OWNER agrees to indemnity and hold the CITY harmless from any and all claims of any party. 2. PPROPIERTY,PFSCRIPTION The PROPERTY is ]hereby described as follows: The PROPERTY is legally described in Attachment A, attached hereto and incorporated by reference as if set forth in full. The OWNER warrants that Attachment A is eorrect•as fully describing subject PROPERTY. 3. P=10N AND COVENANT' FOR ANNEXATION The OWNER, in consideration of the CITY'S agreement to provide utility service to the PROPER'T'Y, does hereby petition, agree and covenant as follows: 3.1 The OWNER does hereby agree, promise and covenant that if at any time the PROPERTY is included within any area which is being considered for annexation to tate CITY, said OWNER does join in said annexation. 3.2 The OWNER agrees to execute all necessary documents such as letters, notices, petitions or other instruments initiating, furthering or accomplishing the annexation of the PROPERTY to the CITY, whether or not the annexation involves the assumption by the area to be annexed of existing CITY indebtedness, the application to the area to be annexed of the CITY Comprehensive Plan and land use controls, and such other conditions as the CITY may lawfully impose. The OWNER, for him/her/themselves and for hislherltheir heirs, successors and assigns, agrees and covenants with the CITY, and to the present and fixture owners of the PROPERTY to which this covenant relates, that such agreement is to constitute a covenant running with the land, that helshe/they shall, whenever so requested, execute such letters, notices, pethions or other instruments. OWNER understands that the CITY will record this document and the OWNER agrees to specifically advise future interests in the property. Covenant to Annex Documem 11-30.04111 /29/44 Parc 2 FORM 03 000fth/ 20041229002517.003 DECLARATION OF COVENANT AND Property Tax Parcel Numbers; 1023059319, 9022, ANNEXATION AGREEMENT 9415, 9174, 9031, 9191, 9384, 9030, 9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights 3.3 The OWNER recognizes that the laws of the State of Washington relating to the annexal€on of property by a city provides that property may be annexed to a city if property owners sign a petition for such an annexation. The OWNER recognized and agrees that by signing this Agreetn 4 the PROPERTY of the OWNER will automatically be included as a property to be annexed in the event PROPERTY is within a proposed annexation area. The OWNERfurther recognizes that there are other methods of annexation allowed under the laws of the State of Washington, including the election method 3.4 The OWNER understands that the OWNER'S signatures on this Agreement is an admission that the OWNER understands the ccrWa rights which the OWNER has regarding the PROPERTY and that the OWNER is willingly waiving such tights in consideration of receiving the described utility services. 3.5 The undersigned OWNER of the PROPERTY, on behalf of himselgherselfhhemselves, his1her/their heirs, successors and assigns, hereby designates) the MY as OWNER'S true and lawful attorney-in-fact for the purpose of sighing any petition leading to the annexation of said PROPERTY to the CITY, with full power to do and perform any proper act which the OWNER. may do with respect to the annexation of said real property. The CITY may exercise this power through its City CIerk or otherwise as the CITY COUNCIL may direct. This Special Power of Attorney is given for the valuable consideration of the furnishing of sewer service by the CITY, and this Special Power ofAttorney is further given as security for performance of the annexation covenant obligation set forth herein. This Special Power of Attorney Is not revocable and shall not be affected by the disability of the principal. AGREEMENT AND CQMA241 OF COMMONS AND M OATL N hEASURES The OWNER acknowledges that the MY has a desire to have certain minimum development standards met for new developments in the CPPY's Potential Annexation Area. The OWNER, in consideration of the C1TY's agreement to provide sanitary sewer utility service to the PROPERTY and in recognition of the CITY's conditions for annexation of the PROPERTY, does hereby agree and covenant to submit their development plans to the CITY for review and approval prior to official submittal to King County. Except as may be waived by the CIT'Y's Public Works Administrator or his/her deslgnee, the minimum design standards that will be required are: 4.1 The OWNER shall provide record drawings of all of the constructed Public Work's facilities for the CITY's records. Covenant to Anrm Document 1I-30-04111129104 Pago 3 FORM 03 Ot108/bW 20041229002517.004 DECLARATION OF COVENANT AND Property Tax Pareel Numbers 1023059319, 9022, ANNEXATION AGREEMENT 9415, 9174, 9031, 9191, 9384, 9030, 9042 NEW DEVELOPMENT Street Intersection or Project Name. Shamrock Heights 5. MIER4LPROVISIONS T1re OWNER and the CITY do hereby acknowledge and agree to the following provisions, which apply to the entire Agreement herein. 5.1 The OWNER fees that all future land use and development on the PROPERTY will meet all land use and development standards of the CITY. In the event of a ronflict between CITY standards and any applicable County standards, the more restrictive standards as determined by the CITY shall apply, 5.2 No modifications of this Agreement shall be made unless mutually agreed upon by the patties in writing. 5.3 Nothing in this agreement shall be construed to create any financial obligation on the part of the CITY with regard to animation, construction of utilities and appurtenances, or any other matter. The OWNER and the CITY hereby acknowledged that it is the OWNER's responsibility to finance the design and construction of utility facilities needed to serve OWNER's property consistent with the C17'Y plans and specifications, unless otherwise agreed by the CrrY. 5.4 The terms and provisions of anis PETITION, AGREEMENT AND COVENANT shall insure to the benefit and become binding upon the heirs, assigns and/or successors In interest of the parties hereto. The OWNER agrees to indemnify and hold the CITY harmless from any claims any subsequent purchaser may have as aresult of this Agreement, including CITY'S attorney fees and costs. 5.5 Any notice or demand required or permitted to be given under this Agreement shall be sufficient if given in wrlting and sent by registered or certified mail, return receipt requested, to the address of the parties set forth below. Any notice shall be deemed to have been given on the dale it is deposited in the U.S. Postal Service mail with postage prepaid. 5.6 If for my reason of any default or breach on the part of either the OWNER -or the CITY in the performance of any of the provision of this Agreement a legal action is instituted, the party not prevailing agrees to pay all reasonable costs and attorney fees and costs in connection therewith. It is hereby agreed that the venue of arty legal action brought under the terms of this Agreement shall be King County, Washington. This Agreement steal l be governed by the applicable laves, rules, and regulations of the State of Washington and the CrrY. 5.7 In the event that any term, provision, condition, clause or other portion of this Agreement be held to be inoperative, invalid, void, or in conflict with applicable provision, condition, clause or other portion of this Agreement, and the remainder of this Agreement shall be effective as if such tern, provision, condition or other portion had not been contained herein, and to this end, the terms of this Agreement are declared by the parties to be severable. 5.8 Upon execudon, the CITY will record these covenants with the King County Recorder's Of ee. Covenant to Annex Document 11-30.44111/29104 Page FORM 030008/hh1 20041229OD2517.0135 DECLARATION OF COVENANT AND Property Tax Parcel Numbers 1023059319, 9022, ANNEXATION AGREEMENT 9415, 9174, 9031, 9191, 9384, 90-30,9042 NEW DEVELOPMENT Street Intersection or Project Name: Shamrock Heights IN WI"1 ESS WHEREOF, I have hereunto set my hand and seal the day and year as written below. r S) INDIMIJAL 0 MOFACKNOWLEDGMMNf L e Notary Seal must be within box STATE OF WASHINGTON ) SS COUNTY OF KING I certify that I know or have satisfactory evidatce that signed this instruawd and aclmowledged it to be hislhedtheir free and voluntary act for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Notary (Print) My appointment expires: Dated: DECLARATION OF COVENANT AND Property Tax Parcel Numbers; 1 023 0593 1 9, 9022, ANNEXATION AGREEMENT 9415, 9174, 9031, 9191, 9384, 903% 9042 Project File #: Street Intersection or Project Name: Shamrock Heights IN WITNESS Wt:IEREOF, I have hereunto set my hand and seal the day and year as written below. Votary Seal must be within box CORPORATE FORM OF STATE OF WASHINGTON ) SS COUNTY OF KING On this _moi'- day of 20A before me personally appeared to me known to of the corporation that executed the within instrument, and acknowledge the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and each on oath sWcd that he/she was authorized to exceute said instrument and that the seal affixed is the corporate Seal of said corporation. Notary PuRc in and for the State of Washington Notary (Print) My appointrnep nt exires: 4 -,Z1 - 05 Dated: 1 ` 1 -3b -b4 Covenant to Annex O=ment n -30-04u ing144 Page 5 FORM 01 00091bbI Shamrock Height Property A tachmentA PARCEL C: Z-UU41 ZZWO O "M THE NORTH 1/2 OF THE NORTH 1h OF THE SOUTH t/2 OF THE NORTH W OF THE EAST 112 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET; EXCEPT THAT PORTION THEREOF FOR 14P AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL D•. THE SOUTH 1h OF THE NORTH 1/2 OF THE SOUTH lh OF THE NORTH 1/2 OF THE EAST'h OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH; RANGE 5 EAST W.M.; EXCEPT COUNTY ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.' PARCEL E: THE WEST 794 FEET OF THE SOUTH 112 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; SITUA'T'E IN THE COUNTY OF KING, STATE OF WASHINGTON, ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S90Ma351. PARCEL F: THE SOUTH 1/2 OF THE SOUTH 'h OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; AND EXCEPT THE WEST 794 FEET THEREOF; AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. Shamrock Height Property Attachrirent A PARCEL G: Zuu41LL3YVL7 1 !.UUI THE NORTH 112 OF THE NORTHEAST 1/4 OF THE SOUTHEAST L/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE NORTH 163.05 FEET OF THE EAST 302.15 FEET THEREOF; ANP EXCEPT THAT PORTION THEREOF FOR 14P AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: THE PORTH 168.05 FEET OF THE EAST 302,15 FEET OF THE NORTH'h OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCIRL 1: THAT PORTION OF THE SOUTH lh OF THE NORTHWEST 114 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 25 NORTH, RANGE 5 EAST W. M,, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH ih ; 'THENCE NORTH 88620'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 1/2, 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 880 20'44" WEST,. 216.94 FEET; THENCE SOUTH fl0°15'25"WEST PARALLEL WITH THE EAST TINE OF SAID SOUTH'h, 329.35 FEET TO THE SOUTH LINE THEREOF; THENCE SOUTH 88020'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH fh, 266.94 FEEL' TO THE SOUTHEAST CORNER THEREOF; THENCE NORTH 00015'25" EAST ALONG THE EAST LINE OF SAID SOU'T'H la, 313,35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER; THENCE NORTH 880'20'44" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 1/2, 50 FEET; THENCE NORTH OD°15'25" EAST PARALLEL WITH THE EAST LINE OF SAID SOUTH 1h, 15 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF !GING, STATE OF WASHINGTON, Shamrock $eight Property ,A#tachmentA PARCEL ]: 4VV41I.AVV VLO'I l .V Vo THE SOUTH '/a OF THE NORTH 'h OF THE NORTHEAST 1k OF THE SOUTHEAST 'A Or- SECTION FSECTION 10, TOWNSHIP 23 NORTH, RANGE15 EAST, W. M.; EXCEPT THE NORTH 132.FEET THEREOF; AND EXCEPT THE EAST 286 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL Vu THE NORTH 16 FEEL' OF THE SOUTH Yz OF THE NORTHEAST 1/a OF THE SOUTHEAST Ila OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M,; EXCEPT THAT PORTION THEREOF FOR 140 AVENUE SOUTHEAST RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. RARCEL i.� THE NORTH 16 FEET OF THE EAST 50 FEET OF THE SOUTH lh OF THE NORTHWEST 1/q OF THE SOUTHEAST IA OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGES EAST, W. M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON- 20040813000484.001 WHEN RECORDED RETURN TO: BANK OF AMERICA - HOME BUILDER DIVISION WA3-504-64-01 1osoo N.E. am STREET, SUITE 400 BELLEVUE, WA 99004 ATTN: LOAN ADMINISTRATION 20040813000484 TRANGMT10N TI OT 70 00 paaaaaoS 0F%13 KaMGat0Y90uas Document Title: 1. DEED OF TRUST ��- 2. SECURI'T'Y AGREEMENT 3. FIXTURE FILING (in accordance with the Washington UCC) Grantor: ShamrockEighlaods, LLC 1 Grantee: Bank of America, N A I ` Legal Description: Abbreviated Legal Description: Ptn of E'/2 of SE V4 of Section 10, Township 23N, Range 5E WM Full Legal Description: See Exhibit A attached 1�— As8essor's Tax Parcel Nos.: 1023059040,1023059304, 1023059319, 1023{159022, 1023059415,1023059174,1023059031,1023059191,1023059384,1023059030, 1023059042 Reference Nos, of Documents Released or Assigned: Not Applicable o : 499595 filk C OL EO FOR RECORD of THE MOST OF rnk co & Nn LandAmcncq oraerrro CS -20076587 TRANSNATiON TTIU IWM MCE M NOTICE TO RECORDER: THIS DOCUMENT SERVES AS A FIXTURE FILING UNDER THE WASHINGTON UNIFORM COMMERCIAL CODE. This Financing Statement covers goads described herein by item or type some or all of which are affixed or are to be affixed to the real property described in Exhibit A to this document. For purposes of this fixture filing the Debtor and the Secured Party and their respective addresses are: Debtor: Shamrock Highlands, LLC c1a CamWest Development, Inc. 9720 NE 12Wh Place, Suite 100 Kirkland, WA 98034 Secured Party: Bank of America, N.A. REBG - Home Builder Division WA3-504-04-01 10500 N.E. 8th Street, Suite 400 Bellevue, WA 98004 Debtor's Organizational Identification No.: 602 150 596 DEED OF TRUST, SECURITY AGREEMENT and FIXTURE FILING (Washington) TRIS DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING ("Deed of Trust") is made as of July 29, 2004, by SHAMROCK HIGHLANDS, LLC, a Washington hunted liability company ("Grantor"), whose address is do" CamWest Development, Inc., 9720 NE 120d' Place, Suite 100, Kirkland, WA 98034; in trust to PRLAP, INC., a Washington corporation ("Trustee"), whose address is P 0. Sox 515351, Los Angeles, CA 90051-6651, for the benefit of BANK OF AMERICA, N.A. ("Beneficiary"), 13901793 OMM4 -1- DOTI ABASSE)BA HOMEVCAMWESTSHAMROCK HIGHLANDS -A AND D 20040613000464,002 whose address is Home Builder Division, WA3-504-04-0I, 10500 ME Sth Street, Suite 400, Dcllevue, WA 98004, Attention, Loan Administration. FOR VALUABLE CONSIDERATION, Grantor covenants and agrees for the benefit of Beneficiary. 1. CONVEYANCE - GRANT OF SECURITY INTEREST. As security for payment and performance of the Secured Obligations, Grantor irrevocably grants, bargains, sells and conveys to Trustee, in trust, with power of sale, and with right of entry and possession, for the benefit of Beneficiary, and assigns and grants to Beneficiary a security interest in, all of Grantor's right, title and interest, now owned or hereafter acquired, in and to the following (the "Property"), (a) The real property described in Exhibit A attached to this Deed of Trust, together with all buildings, structures and other improvements now or in the future located or to be constructed thereon, and all tenements, hereditaments, appurtenances, privileges and other rights and interests now or in the future benefiting or otherwise relating thereto including, without limitation, easements, licenses, nghts-of-way, development rights, oil and gas rights, royalties, minerals and mineral rights, irrigation, well, ditch, reservoir and water rights, permits and stock, and the right to construct, use, connect to or have the benefit and enjoyment of any offsite unprovement or utility (collectively, the "Project"), (b) All rents, issues, income, revenues, royalties and profits now or in the future payable with respect to or otherwise derived from the Protect or the ownership, use, management, operation, leasing or occupancy of the Project including, without limitation, those past due and unpaid, (c) A€I present and future right, title and interest of Grantor in and to all inventory, equipment, materials, supplies, fixtures and other goods and property of every kind, type and description now or in the future located at, upon or about, or affixed or attached to or installed in the Project, or used or to be used in connection with or otherwise relating to the Project or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing or occupancy of the Project wherevcr such property may be actually located including, without limitation, building materials and supplies, tools and equipment, machinery, furnaces, water tanks, ventilating and air conditioning equipment, furniture, furnishings, appliances, and all other types of tangible personal property and fixtures of any kind or nature, and all accessories, additions, attachments, parts, replacements, substitutions, products and proceeds of or to any such property, (d) All present and future right, title and interest of Grantor in and to all accounts and proceeds (whether cash or non-cash and including payment intangibles), general intangibles, chattel paper, money, deposit accounts, loan disbursement accounts, accounts receivable, instruments, documents, letter of credit rights and all other agrecinents, contract rights, obligations, rights, claims, causes of action and written materials now or in the future relating to or otherwise arising in connection with or derived from the Project or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing, occupancy, sale or financing of the Project including, without limitation, (i) studies, reports, maps, diagrams, surveys, plats, design and consulting work, and tand use permit applications, filings and supporting information, (ii) permits, approvals and other governmental and non-governmental consents, licenses and authorizations, (ui) improvement plans and specifications and architectural drawings, (iv) agreements with contractors, subcontractors, suppliers, project managers and supervisors, designers, architects, engineers, sales agents, leasing agents, consultants and property managers, (v) takeout, refinancing, standby and permanent loan commitments, (vi) warranties, guaranties, indemnities and insurance policies, insurance payments and unearned insurance premiums, (vii) claims, demands, awards, settlements and other payments arising or resulting from or otherwise relating to any insurance or any loss or destruction of, or injury or damage to, .respass on or taking, condemnation (or conveyance in lieu of condemnation) or public use of any of the Project, (viii) Grantors funds or any other amounts deposited by or on behalf 139W93 07Q9*4 •2- DOTI A13ASSMA 1 iOMOCAMWESTSHAMROCK 14IGHLANDS•A AND D 20040843000484.003 Of Grantor with Beneficiary or with another in connection with the making of on-site or off- site Project related improvements, (ix) leases, rental agreements, license agreements, service and maintenance agreements, listing agreements, signs, telecommunication numbers, purchase and sale agreements and purchase options, together with advance payments, earnest money, security deposits, and other amounts paid to or deposited with Grantor under such agreements, (x) reserves, deposits, bonds, surety bonds, payment and performance bonds, letters of credit, deferred payments, latecomer payments, refunds, rebates, discounts, cost savings, escrow proceeds, sale proceeds and all other rights to the payment of money, trade names, trademarks, service marks, logos, goodwill and all other type of intangible personal property of any kind or nature, and (xi) all supplements, modifications, amendments, renewals, restatements, extensions, proceeds, repairs, replacements and substitutions of such property; and (e) All books and records pertaining to the Property including, without Iimitahon, all computer readable memory and any computer hardware or software necessary to access and process such memory Grantor represents and warrants to the Beneficiary that THE REAL PROPERTY CONVEYED BY THIS DEED OF TRUST IS NOT USED PRINCIPALLY FOR AGRICULTURAL PURPOSES 2. SECURITY AGREEMENT; FIXTURE FILING This Deed of Trust also constitutes (a) a common law assignment for security and a security agreement under the Washington Uniform Commercial Code assigning and granting to Beneficiary a security interest in all or any of the Property now or hereafter constituting personal property or fixtures, and in any personal property, tangible or mtangible, described in any UCC Financing Statement filed in connection with this Deed of Trust or the Secured Obligations, including products and proceeds thereof and all supporting obligations ancillary thereto, and (b) a financing statement filed for record in the real estate records as a fixture filing pursuantngton and covering items of property to the Uniform Commercial Code of the State of Washington which are or are to become fixtures with respect to the Property Grantor authonzes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements with or without the signature of Grantor as authonzed by applicable law, as applicable to the Property, and ratifies any such filings by Beneficiary made prior to the date of this Deed of Trust For purposes of such filings, Grantor agrees to furnish any information requested by Beneficiary promptly upon request by Beneficiary 3. SECURED OBLIGATIONS The following obligations (the "Secured Obligations') are secured by this Deed of Trust (a) Payment of the sum of Eleven Million Three Hundred Thirty Six Thousand Two Hundred Fifty and 001100 Dollars ($11,336,250.00) with interest thereon according to the terms of a promissory note of even date herewith, payable to Beneficiary or order and made by Grantor, including all renewals, amendments, modifications, restatements and extensions thereof (the "Note") THE NOTE MAY CONTAIN PROVISIONS ALLOWING FOR THE INTEREST RATE TO BE INDEXED, ADJUSTED, RENEWED, OR RENEGOTIATED. BY THIS REFERENCE THC NOTE IS INCORPORATED IN AND MADE A, PART OF T141S DEED OF TRUST AS THOUGH SET FORTH IN FULL If the Note evidences a revolving line of credit by Beneficiary to Grantor, then it is the express intent of Grantor and Beneficiary that this Deed of Trust and the estate held by the Trustee hereunder shall continue in effect notwithstanding that from time to time no Secured Obligations may exist, and shall survive as security for all new or additional Secured Obligations from time-to-ume arising; (b) Payment of such further sums as may now or hereafter be advanced or loaned by Beneficiary to Grantor or any of its successors and assigns, and payment and performance of every other present and future obligation owmg by Grantor to Beneficiary of any kind, and all renewals, modifications, restatements and extensions thereof, including any interest, fees, costs, service charges, indemnifications and expenses connected with such i 3401793 0729/04 -3- DoT i ABASSRBA HOMEP—WWESrSHAMROCK MOHLANDS-A AND D 20040893000484.004 obligations, if (i) the promissory note or other written document evidencing the future advance or loan or other obligation specifically states it is secured by this Deed of Trust, or (ii) the advance, loan or other obligation is made or incurred pursuant to the Note, this Deed of Trust or any other document, instrument or agreement evidencing, securing or relating to the loan evidenced by the Note (the "Loan"), whether executed prior to, contemporaneously with, or subsequent to this Deed of Trust (all such documents, including, without limitation, any loan commitments and any construction or other loan agreement, and all renewals, amendments, modifications, restatements or extensions thereof, are collectively referred to as the "Loan Documents"), together with interest thereon at the rate set forth in the Note, unless otherwise specified in the Loan Documents or agreed in writing, (c) Performance of each agreement, term and condition contained in this Deed of Trust or set forth or incorporated by reference in the Loan Documents including, without limitation, any provisions relating to Loan funds set-aside for the benefit of third parties, as evidenced by a set-aside agreement between Grantor and Beneficiary; and (d) Payment and performance of the obligations of Grantor to Beneficiary under any one or more interest rate swap transactions, forward rate transactions, interest rate cap, floor or collar transactions, swaptions, bond and bond price swaps, options or forwards, treasury locks, any similar transaction, any option to enter into any of the foregoing and any combination of the foregoing, with Beneficiary, whether now existing or hereafter entered into including, without limitation any master agreement relating to or governing any or all of the foregoing and any related schedules and confirmations, and in which this Deed of Trust is expressly referenced as a credit support document (each, a "Swap Contract") As used in this Deed of Trust, the term "Loan Documents" includes each Swap Contract secured by this Deed of Trust. The Secured Obligations shall gt include the obligations of Grantor (or any other Person or entity) under any Environmental Indern uty Agreement at any time executed by Grantor (or any other person or entity) in connection with the Loan The right is reserved to the Beneficiary, without actual notice to or the consent of Grantor, to amend this Deed of Trust to delete from the security of this Deed of Trust any one or more of the Secured Obligations, provided, that the original or a Beneficiary certified copy of such amendment is recorded in the County where the Protect is located on or prior to the date the Trustee concludes a sale of the Property under applicable law. 4. AFFIRMATIVE COVENANTS. Grantor shall, unless waived in writing by Beneficiary (a) Maintain and preserve the Property in good condition and repair, and not commit or permit any waste thereof, with diligence obtain all required permits and approvals and constrict and complete, in a good an workmanlike manner free of defective materials or workmanship and in accordance with the plan and Project budget approved by Beneficiary, the on-site and any off-site improvements to be constructed as part of the Project; restore any improvements which may be damaged or destroyed; maintain the Property free and clear of all liens and encumbrances other than the enciunbrance of this Deed of Trust, any lien specifically approved by Beneficiary in writing, and any hen for taxes or assessments not delinquent; not purchase or contract for any materials, equipment, furnishings, fixtures or personal property that the seller has the right to remove; and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights and powers of Beneficiary or Trustee; (b) Comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property, (c) Pay and perform promptly all Secured Obligations, all taxes, assessments and governmental liens or charges levied against the Property, and all claims for labor, materials, supplies or otherwise which, if unpaid, might become a lien or charge upon the Property; 139A1747 07129104 -4- DOTI ABASSEMA HOME'i WESTlSHAMROCK H143HLANDS-A AND D 20040813000484.005 (d) Keep all on-site and any off-site Project improvements and all Project related inventory, equipment, materials and supplies continuously insured, with premiums prepaid, against all risks, casualties and losses through Standard fire and extended coverage insurance or otherwise, including, without limitation, insurance against fire, theft, casualty, vandalism and any other risk Beneficiary may reasonably request. During construction on the Project, such policies shall be in "Builders Risk" form The insurance policies shall be in an aggregate amount of not less than the full replacement cost of said improvements and other property, including the cost of demolition and removal of debris, and shall name Beneficiary as loss payee under a lender loss payable endorsement in. form satisfactory to Beneficiary. The amounts collected under the insurance policies may be applied to the Secured Obligations m any manner as Beneficiary determines, and such application shall not cause discontinuance of any proceeding to foreclose upon this Deed of Trust. In the event of foreclosure, all of Grantors rights in the insurance policies shall pass to the purchaser at the foreclosure sale Furthermore, Grantor shall (i) obtain flood insurance if the Project is located in a designated flood hazard area (as deterintned by Beneficiary, with such determination to be made at Grantor's expense); and (u) maintain commercial general liability insurance insuring against liability from risks associated with the use, ownership, construction and operation ofthe Project, with coverage limits approved by Beneficiary All insurance policies required hereunder shall be subject to Beneficiary'sapproval and do ed from financially reputable insurers acceptable to Beneficiary. All deductibles shall be in amounts acceptable to Beneficiary; (e) Pay, reimburse and indemnify Beneficiary for all of Beneficiary's costs and expenses incurred in connection with the enforcement of Beneficiary's rights and Grantors obligations under this Deed of Trust, foreclosing upon this Deed of Trust, defending any action or proceeding purporting to affect the rights or duties of Beneficiary or Trustee under this Deed of Trust, or managing the Property and collecting the rents fromthe Property, including, without limitation, all reasonable attorneys' fees and the value of the services of staff counsel (including on appeal or otherwise), collection costs, costs of dile search, and trustee's and receiver's fees, and (f) Not permit or allow any one to four family residential dwelling or condominium unit encumbered by this Deed of Trust to be occupied prior to closing the sale of that dwel,ling/condominium unit to an owner occupant and payment to Beneficiary of the amount required to obtain a reconveyance of this Deed of Trust with respect to that dwelling/condominium unit 5. INSPECTION OF COLLATERAL. Beneficiary and/or its agents or representatives may at reasonable times enter upon and inspect the Project including, without limitation, inspecting work in progress, and the making of tests and the taking of samples. If Beneficiary and/or its agents or representatives believes it has a duty or obligation to disclose any report or findings made as a result of or in connection with any inspection of the Project, then Beneficiary and/or its agents or representatives may make such disclosure In the event of a default Beneficiary may obtain a current regulatory conforming appraisal of the Project. In addition, Beneficiary may commission appraisals when required by laws and regulations which govern Beneficiary's Ieading practices. The cost of all such appraisals (and related internal review fees and casts) will be paid by Grantor within fifteen (15) days after request by Beneficiary. 6. ,PROTECTION OF BENEFICIARY'S .INTEREST. If Grantor falls to Pay any amounts which may become a hen on the Property, or fails to maintain adequate insurance on the Property as required by Section 4(d) above, Beneficiary may at its sole option pay such obligations and/or obtain such insurance and all costs and expenses so incurred by Beneficiary shall be added to the Secured Obligations and payable by Grantor on demand together with interest at the default rate in the Note. 7. DEFAULT Time is the essence of Grantor's obligations under this Deed of Trust and the other Loan Documents. The following events shall, at Beneficiary's option, and at any time without regard to any previous knowledge on Beneficiary's part, constitute a default under this Deed of Trust, and the other Loan Documents. 17904793 07119/04 -5. DOTI ARASSMA 1710MEICAM W ESPSHAMROCK HIGHLANDS -A AND D 20040813000464.006 (a) Construction of any on-site or off-site Project improvements is abandoned or discontinued for fifteen (15) consecutive days or more, or Beneficiary determines that the work is not being performed in accordance with the plans, specifications or project budget approved by Beneficiary, or a stop work order is issued on all or any portion of the Project and the order is not dismissed within ten (10) days after the date the order is issued, (b) Any payment is not made when due under the Note, this Deed of Trust or any other Loan Document, (c) There is a default under, a breach of, or failure to perforin any other covenant, agreement or obligation to be performed under this Deed of Trust or any other Loan Document or under any guaranty of all or any part of the Secured Obligations, (d) Any representation or warranty contained in this Deed of Trust or any other Loan Document, or any financial or other information furnished to Beneficiary in connection with the Loan, proves to be false or misleading In any material respect, (e) Grantor defaults under any contract or other agreement relating to the Property, and such default is not cured within the applicable cure period, if any; to Grantor, (f) Grantor is in default with respect to any other loan from Beneficiary (9) An event occurs which gives Beneficiary the right or option to terminate any Swap Contract, (h) Grantor, or any guarantor of the Loan fails to pay his, her or its debts generally as they become due, or files a petition or action for relief under any bankruptcy, reorganization or Insolvency laws or makes an assignment for the benefit of creditors, or (i) An involuntary petition is filed against Grantor or any guarantor of the Loan under any bankruptcy, reorganization or other insolvency laws, or a custodian, receiver or trustee is appointed to take, possession, custody or control of the Property or any other properties or assets of Grantor or of any guarantor of the Loan, and such petition or appointment is not set aside, withdrawn or dismissed within thirty (30) days from the date of filing or appointment 8 REMEDIES. If any default occurs and is continuing, and subject to any applicable notice and cure period provided for in the Note or any other Loan Document, Beneficiary may, at its option. (a) Dectare any or all of the Secured Obligations, together with all accrued interest, to be immediately due and payable without presentment, demand, protest or notice of any kind, all of which are expressly waived by Grantor, (b) Pay such sums as may be necessary to obtain a current appraisal of the Prolect, to inspect and test the Prolcct and/or other Property, to pay any tax, assessment, insurance premium, lien, encumbrance or other charge against the Property, to obtain a title report and/or Trustee's Sale Guaranty, all such expenditures to be paid for by Grantor on demand and added to the Secured Obligations; and (c) Exercise its rights and remedies under this Deed of Trust, the other Loan Documents, and applicable law including, without limitation, foreclosure of this Deed of Trust judicially as a mortgage or non judicially pursuant tothe power of sale. In anyeed of Trust, the Property may be sold judicial or non -judicial foreclosure of this D separately or as a whole at the option of Beneficiary, and in the event of a trustee's sale of the Property pursuant to the power of sale granted herein Beneficiary hereby assigns its security interest in the personal property collateral to the Trustee Beneficiary may also realize on the personal property collateral in accordance with the remedies available to secured parties under the Uniform Commercial Code or at law. Grantor and the holder of 13901793 07agJ04 ABASSSBA HOMBIGAMWIESMHAMROCK HIOHLANn5-A AND D DOTI 20040813000484.007 any subordinate lien or security interest with actual or constructive notice hereof waive any cquitable, statutory or other right to require marshalling of assets or to direct the order in which any of the Property Will be sold Beneficiary's failure to exercise or enforce any of Its rights or remedies in the event of a default shall not constitute a waiver or cure of the default, or of any subsequent default, or of its rights and remedies with respect to such default In the event of default under thIs Deed of Trust or the other Loan Documents, and whether or not suit is filed or any proceedings are commenced, all of Beneficiary's costs and expenses incurred in connection therewith including, without lurntation, Trustee's and attorneys' fees (including attorneys' fees for any appeal, bankruptcy proceeding or any other proceeding), accountants' fees, appraisal and internal appraisal review fees, inspection fees (including inspections for hazardous substances, asbestos containing materials, and compliance with building and land use codes and regulations), engineering fees, and expert witness fees and costs of title reports shall be added to and be a part of the Secured 4bhgations and shall be payable by Grantor on demand together with interest on such sums at the default rate in the Note 4 ENTRY Upon the occurrence of an event of default, and if Grantor has not cured the default within any applicable notice and cure period, then Beneficiary shall have the right but not the obligation, in person or through a third party designated by Beneficiary, or by a court appointed receiver, to enter, take possession of, and manage or operate all or any part of the Project and the Property, and to perform or cause to be performed all work and labor necessary to complete construction of the Project All suras expended by Beneficiary in doing so shall be deemed to have been advanced under the Note and together with Interest at the default rate under the Note shall be secured by this Deed of Trust and any other collateral for the Loan. Any funds disbursed by Beneficiary in excess of the maximum principal amount of the Note will be considered an additional advance on the Loan to Grantor bearing interest at the default rate under the Note, and will be secured by this Deed of Trust and any other collateral for the Loan Beneficiary, by electing to complete a Project will not be deemed to have assumed any liability to Grantor or any other person or entity for completing the Project or for the manner or quality of construction of the Project, and Grantor hereby expressly waives any such liability on behalf of Beneficiary. Grantor hereby designates, constitutes and appoints Beneficiary as its true and lawful attorney-in-fact with frill power of substitution to complete the Project in the name of Grantor and to (a) use any undisbursed Loan proceeds or funds of Grantor held by Beneficiary for the purpose of completing the Project, (b) make such additions, changes and alterations to the Project, the plans and specifications for the Project, and to the Project budget as Beneficiary deems desirable; (c) employ contractors, subcontractors, architects, surveyors, engineers and other persons as may be required for such purposes; (d) to collect and receive any payment of money owing to Grantor and to pay, settle or compromise all existing hills and claims which may be liens against the Project, any of the Property or as may be necessary or desirable for the completion of the Project or for clearance of title, and (e) do any and all things which Grantor might do on its own behalf in order to complete the Project free and clear of all liens and encumbrances and in accordance with all governmental and other requirements applicable to the Project The power of attorney granted pursuant to this paragraph shall be deemed a power coupled with an interest and irrevocable Beneficiary, in the exercise of this power, shall not be deemed a trustee or fiduciary of Grantor and Beneficiary is authorized to take all such actions as Beneficiary in Its sole determination may consider necessary or desirable to protect the security of this Deed of Trust. Grantor shall, within five (5) days following written demand from Beneficiary, surrender and deliver to Beneficiary the originals of all books and records, all plans and specifications, all permits, licenses and approvals, and all agreements with suppliers and contractors for the Project, and shall grant Beneficiary and it agents and contractors unrestricted possession of and access to and control over the Project Grantor further agrees that any failure on its part to do so shall entitle Beneficiary, without further notice to Grantor, to make ex -parte application to a court of general jurisdiction in the county where the Project is located for immediate issuance of an order, without bond, granting specific performance of Beneficiary's rights under this paragraph and/or for appointment of a receiver to take possession and control of the Property and the Project. Beneficiary's attorneys' fees, costs and expenses to obtain the 13991793 0729144 -7- Dori ABASMBA HOME%CAMWESTlSHAMROCK HIGHLANDS -A AND D 20040813000484.008 court order, and any payment or reimbursement by Beneficiary of a receiver's costs, expenses and attorneys' fees (including on appeal or otherwise), shall be deemed an additional advance to Grantor under the Note as provided above in this paragraph All sums expended by Beneficiary shall be repayable by Grantor on demand together with interest at the default rate in the Nate 10 APPOINTMENT OF RECEIVER In the event of a default, Grantor consents to, and Beneficiary, to the fullest extent permitted by applicable law, shall be entitled, without notice, bond or regard to the adequacy of the Property, to the appointment of a receiver for the Property The receiver snail have, in addition to all the nghts and powers customarily given to and exercised by a receiver, all the rights and powers granted to Beneficiary by the Loan Documents. The receiver shall be entitled to receive a reasonable fee for management of the Property If Grantor is an occupant of the Property, Beneficiary W the right to require Grantor to pay rent at fair market rates and the right to remove Grantor from Property if Grantor fails to pay rent 11. CUMULATIVE REMEDIES. To the fullest extent allowed by law, all of Beneficiary's and Trustee's rights and remedies specified in this Deed of Trust or in any of the other Loan Documents are cumulative, not mutually exclusive and not in substitution for any rights or remedies available at law or in equity Without waiving its rights in the Pmperty, Beneficiary may proceed against Grantor, any other party obligated to pay or perform the Secured Obligations or against any other security or guaranty for the Secured Obligations, in such order or manner as Beneficiary may elect Except where prohibited by applicable law, the commencement of proceedings to enforce a particular remedy shall not preclude the commencement of other proceedings to enforce a different remedy 12 .PARTIAL RECONVEYANCES. By the acceptance of this Deed of Trust, the Beneficiary agrees it will, upon request of the Grantor, if no default exists under this Deed of Trust or any of the other Loan Documents and no event has occurred which through the passage of time, the giving of notice or both, could constitute a default, join with the Grantor in requesting the Trustee to partially reconvey, at Grantor's expense, a portion(s) of the Property as specifically described in the Loan Documents if the following conditions are met. (a) Full compliance with the partial release provision(s)of the Loan Documents including, without bmitation, payment to Beneficiary of the full partial release charges; payment and payment to the Trustee of the Trustee's reconveyance fez and recording (b) Grantor delivers to Beneficiary evidence that the partial reconveyance Will not have any adverse effect upon the priority position of the rernauung security as evidenced by the title insurance held by the Beneficiary, (c) If applicable, the remaining collateral must be platted in accordance with regulations of the local government authority, the plat must be properly recorded, and Beneficiary must receive evidence satisfactory to Beneficiary of final plat approval from the government authority, and (d) The reconveyance, in Beneficiary's opinion, will not result in the loss by any other pan of the Project of reasonable access to a public street or the use of any necessary easements or utility services 13 EMINENT DOMAIN If any portion of the Property is taken or damaged through eminent domain (or pursuant to a transfer in lieu thereof), the amount of the award to which Grantor is entitled shall be paid to Beneficiary and applied to the Secured Obligations at Beneficiary's option. 14. TRANSFERS Grantor shall not, without Beneficiary's prior written consent, directly or indirectly (1) transfer, assign or convey any interest in the Property, for 13901793 OW29164 ROTI ABASSb1BA HOMEVCAMWBSi15HAMRpCK HIGHLANDS -A AND D 20040613000484,009 security purposes or otherwise, or (i]) consent to, permit or allow the transfer of any interest in Grantor 15 SUCCESSORS AND ASSIGNS, This Deed of Trust inures to the benefit of and is binding upon the respective hews, administrators, successors and assigns of Grantor and Beneficiary. 14. SUCCESSOR TRUSTEE. In the event of Trustee's death, incapacity, disability, dissolution, resignation or refusal to act, Beneficiary may appoint a successor trustee and, upon the recording of such appointment in the records of the county in Much this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original Trustee. 17. GOVERNING LAW, This Deed of Trust shall be construed and enforced under the laws of the State of Washington. In any action or proceeding to construe or enforce this Deed of Trust or any of the Loan. Documents, the prevailing party shall recover its costs and reasonable attorneys' fees including those incurred in any trial or arbitration proceeding, in any bankruptcy or receivership proceeding, and in any appeal therefrom WASHINGTON NOTICE: ORAL AGREEMENTS, PROMISES OR COMMITMENTS TO: (1) LOAN MONEY, (2) EXTEND CREDIT, (3) MODIFY OR AMEND ANY TERMS OF THE LOAN DOCUMENTS, (4) RELEASE ANY GUARANTOR, (5) FORBEAR FROM ENFORCING REPAYMENT OF THE LOAN OR THE EXERCISE OF ANY REMEDY UNDER THE LOAN DOCUMENTS, OR (6) MAKE ANY OTHER FINANCIAL ACCOMMODATION PERTAINING TO THE LOAN ARE ALL UNENFORCEABLE UNDER WASHINGTON LAW. GRANTOR: SHAMROCK HIGHLANDS, LLC, a Washington limited liability company By. CamWest Development, Inc., a Washington corporation, Managing Member By CAPD IFS-r.s . c fo 13M743 07x%4 -9• DoT] ABASSMA 17101AiMCAMWESMI-1AMROCK HIGHLANDS -A AND D 20040613000484.010 STATE OF WASHINGTON ) ss. COUNTY OF ) On this .Z' day of 2004, before me, the undersigned, a Notary Pu is u1� th State of Washuigtoi , duly c(Lrgissioned and sworn personally appeared known to me to be the Pres WuL of CamWest Development, Inc., a Washington corporation, the Managing Member of SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument I certify that 1 know or have satisfactory evidence that the person appearing before rite and making this acknowledgment is the person whose true signature appears on this document WITNESS my hand and official seal hereto affixed the day and year in the certificate above written I MI Print Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 13901793 07)29104 -10- DOT1 AHASSMAHOMSCAMWES RAMROCKH1GH4ANDS.AANDQ EXHIBIT A LEGAL DESCRIPTION PARCEL A: 20040813000484.011 THE EAST 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF, AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S.E 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO 5755891, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL C: THE NORTH 112 OF THE NORTH 112 OF THE SOUTH 112 OF THE NORTH 112 OF THE EAST 1l2 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE EAST 280 FEET THEREOF, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET, EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S E RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL D: THE SOUTH 112 OF THE NORTH 112 OF THE SOUTH 112 OF THE NORTH 112 OF THE EAST 112 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT COUNTY ROAD, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 13901793 07MI04 • U. • DOTI A13ASSE18A HOMIF CAMWHST%HAMlROCK HIGHLANDS -A AND D 200408130004s4.012 PARCEL E: THE WEST 794 FEET OF THE SOUTH 1/2 OF THE SOUTH 112 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED IAT LINE ADJUSTMENTNO S90MO351 PARCEL F: THE SOUTH 112 OF THE SOUTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M; AND EXCEPT THE WEST 794 FEET THEREOF; AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL G: THE NORTH 112 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE NORTH 168 05 FEET OF THE EAST 302.15 FEET THEREOF, AND EXCEPT THAT PORTION THEREOF FOR 148Tx AVENUE S.E RIGHT OF WAY, SITUATE IN THE. COUNTY OF KING, STATE OF WASHINGTON PARCEL H: THE NORTH 168.05 FEET OF THE EAST 302.15 FEET OF THE NORTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S E. RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL I: TIIAT PORTION OF THE SOUTH 112 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 25 NORTH, RANGE 5 EAST W. M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 1/2; THENCE NORTH 88020'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 1/2, 50 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 88020'44" WEST, 216 94 FEET; THENCE SOUTH 00015'25" WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH 1/2,329 36 FEET TO THE SOUTH LINE THEREOF; THENCE SOUTH 88°20'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH 112, 266 94 FEET TO THE SOUTHEAST CORNER THEREOF,- 1390\793 HEREOF; 13901793 07129104 -12- DOTI ABASS ELBA HDMEcAM W ESTI.SHAMROCK HIGHLANDS -A AND D 20040913000484.013 THENCE NORTH 00015'25" EAST ALONG THE EAST LINE OF SAID SOUTH 1/2, 313 35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER, THENCE NORTH 88020'44" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 1/2,50 FEET; THENCE NORTH 00°15'25" EAST PARALLEL WITH THE EAST LINE OF SAID SOUTH 112, l6 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL J. THE SOUTH 112 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M; EXCEPT THE NORTH 132 FEET THEREOF; AND EXCEPT THE EAST 286 FEET THEREOF, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL K: THE NORTH 16 FEET OF THE SOUTH 1/2 OF THE NORTHEAST V4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M; EXCEPT THAT PORTION THEREOF FOR I48.. AVENUE S.E. RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL L: THE NORTH 16 FEET OF THE EAST 50 FEET OF THE SOUTH '/z OF THE NORTHWEST `'A OF THE SOUTHEAST'/. OF THE SOUTHEAST'/, OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 3941793 47124/04 .0- DOTI ABASSEIBAHOMEGAMWESMEAMROCK HIGHLANDS -A AND D WHEN RECORDED RETURN TO: BANK OF AMERICA - HOME BUILDER DIVISION iVA3-504-0401 10504 N.E. 8"' STREET, SUITE 400 BELLEVUE, WA 98004 ATPN: LOAN ADMINISTRATION 20041018002418.001 11111111111111111 21-004-11180024181018002418 PIF VII TUNJI MT 31.00 40!11/2$14 15:30 KING COUNTY, A Document Title: Loan Modification Agreement (Short Form) Grantor: Shamrock Highlands, LLC. Grantee: Bank of America,N.A, Recording Nos, of Documents Related Documents: Deed of Trust, Security Agreement and Fixture Filing, Recording No. 20040813000484; Consent to Subordinate Financing and Agreement of Subordination, Recording No. 20040813000485; Subordination Agreement, Recording No. 20040813000486 LOAN MODIFICATION AGREEMENT 1.3 7(058� Q (Short Form) 1 This Loan Modification Agreement ("Agreement") is made as of September 23, 2004, by SHAMROCK HIGHLANDS, LLC, a Washington limited liability company ("Borrower'), and BANK OF AMERICA, N.A. ("Lender'). F,uX FOR RECORD Al THF REQUZ5T 3F FACTUAL BACKGROUND: TRAMNATION TITLE INSURANCE COL A. Lender made a loan to Borrower in the original principal amount of $11,336,250.00 (the "Loan') pursuant to a Construction Loan Agreement between Lender and Borrower dated as of July 29, 2004 (the "Loan Agreement"). The Loan is evidenced by a Promissory Note dated as of July 29, 2004, in the principal amount of $11,336,250.00, made by Borrower and payable to bender or order (the "Note"). The maturity date of the Note is August 1, 2007. B. The loan is secured by a Deed of Trust, Security Agreement and Fixture Filing dated as of July 29, 2004 (the "Deed of Trust"), and recorded in the real property records of King County, Washington under Recording No. 20040813000484, made by Borrower as Grantor, for the benefit of Lender, which constitutes a first lien encumbrance on the real property and the personal property and fixtures described in the Deed of Trust or in any uniform commercial code financing statement filed with respect thereto (collectively the "Property"). The Loan Agreement, the Note, the Deed of Trust and all other documents evidencing and securing the Loan are collectively referred to in this Agreement as the "Load Documents In addition to the Loan Documents, Borrower and Guarantors executed and delivered to Lender in connection with the Loan, an Environmental Indemnification and Release Agreement, dated as of July 29, 2004 (the "Environmental Agreement"). Capitalized terms used in this Agreement and not defined shall have the meanings given to them in the Loan Documents, C. Guarantors are guaranteeing the payment and performance of Borrower's obligations under the Loan Documents pursuant to certain Unconditional Continuing 13901793:09/23144 -i- MOD AGR -SHORT FRM ABASSE RA HDMEICAMWESM1-1AJvIROCK HIGHLANDS -A AND D 20041018402418.002 Guaranties of Payment and Performance from Guarantors dated as of June 6, 2003 ( as now or hereafter amend, the "Guaranties"). 17. In connection with the closing of the Loan, Base Capital, L.L.C., a Washington limited liability company ("Base Capital"), Borrower and Lender entered into a Consent to Subordinate Financing and Agreement of Subordination, which was recorded in the real property records of King County, Washington under Recording No. 20040813000485, pursuant to which Lender consented to a subordinate deed of trust against the Property in favor of Base Capital (the 'Base Capital Subordinate Deed of Trust"). The Subordinate Deed of Trust is recorded in the real property records of King County, Washington under Recording No. 20011009002308 (as modified by documents recorded under Recording Nos, 20020815000404 and 20021231002396). Base Capital assigned its interest under the Base Capital Subordinate Deed of Trust to U.S. Bank National Association ("US Bank") for security purposes pursuant to an Assignment of Deed of Trust recorded in the real property records of King County, Washington under Recording No. 2.0011026001657. E. Patrick and Ann Marie Hunsaker, husband and wife, James and Denise Hunsaker, husband and wife, John and Norma Jean Hunsaker, husband and wife, Timothy and Bonnie Hunsaker, husband and wife, Brian and Cora Morrison, husband and wife, John and Barbara Hoiland, husband and wife, Kenneth and Sharon Troseth, husband and wife, and J.P. Hun LLC, a Washington limited liability company (collectively the "Hunsaker Group"), and Lender entered into a Subordination Agreement, which was recorded in the real properly records of King County, Washington under Recording No. 20040813000486, pursuant to which Lender consented to a subordinate deed of trust against the Property in favor of the Hunsaker jOroup. F. Lender, Borrower and Guarantors have agreed to modify the Loan and increase the maximum principal amount of the Note pursuant to a Loan Modification Agreement (the "Modification Agreement") dated as of the same date as this Agreement. AGREEMENT: Therefore, Borrower and Lender agree as follows: 1. The Modification Agreement is incorporated in this Agreement by this reference, the same as though set forth here in full. 2. The Loan is amended on the terms and subject to the conditions of the Modification Agreement. The modifications to the Loan and the Loan Documents include increasing the maximum principal balance of the Loan from $11,336,250.00 to $13,305,000.00, extended the completion date for the Project to June 1, 2005, modifying the release prices for Lots, and modifying certain limitations on the outstanding principal balance of the Loan as set forth in the Note. 3. To evidence the increase in the maximum principal amount of the Loan (and the other modifications to the Note provided for in the Modification Agreement), Borrower has (or will) execute and deliver to Lender an Amended and Restated Promissory Note (the "Restated Note") which will replace and supersede the Note. The Restated Note will include the amount of the increase in the Loan. 4. All references to the maximum principal amount of the Loan in the Deed of Trust, the other Loan Documents, the Guaranties and the Environmental Agreement are hereby changed to $13,305,000.00, and all references to the "Note" in the Deed of Trust, the other Loan Documents, the Guaranties and the Environmental Agreement shall mean the Restated Note. 139DV9109123104 -2- MOD AGR -SHORT FEW ABASSMA HOMEICAMWEMSHAMROCK HIGHLANDS -A AND D 20041018002418.049 S. By executing this Agreement, Base Capital, US Bank and the Hunsaker Group hereby consent to the maximum principal amount of the Loan, and the other modifications to the Loan set forth in the Modification Agreement G. The Modification Agreement constitutes the entire agreement among the parties with respect to the modifications of the Loan and may not be amended except in writing signed by all parties. To the extent any of the terms or conditions of the Loan Documents or the Environmental Agreement are inconsistent with any of the terms or conditions of the Modification Agreement, the terms and conditions of the Modification Agreement shall control. Dated as of the day and year first written above. LENDlR: BANK OF AMERICA, N.A. By BORROWER: SHAMROCK HIGHLANDS, LLC, a Washington limited liability company By: CamWest Development, Inc., a Washington corporation, Managing Member By F� [Prod Name and Tide) 13901791.09123/04 -3- MOD AGR -SHORT FRM ABASSMA HOMBCAMWESIZSHAMROCK HIGHLANDS -A AND D CONSENT BY SUBORDINATE LIEN HOLDERS BASE CAPITAL: BASE CAPITAL, L.L.C., a Washington limited liability company B y H. 'Phomas Wick, Managing Member VS BANK: U.S. BANK NATIONAL ASSOCIATION By Title HUNSAKER GROUP: Patrick Hunsaker James Hunsaker John Hunsaker Timothy Hunsaker Brian Morrison Jahn Holland Kenneth Troseth J.P. HUN LLC, a Washington limited liability company By Patrick Hunsaker, Manager Ann Marie Hunsaker Denise Hunsaker Norma Jean Hunsaker Bonnie Hunsaker Cora Morrison Barbara Hoiland Sharon Traseth 20041018002418.004 139OQ93:09/23104 4- MOD AGR -SHORT FRM ABASS"A HOM MAM W EMSHAMROCK FUGHLANDS-A AND D CONSENT BY SUBORDINATE LIEN HOLDERS BASE CAPITAL: BASE CAPITAL, L.L.C., a Washington limited liability company B�+ H. Thomas Wick, Managing Member US BANK:- U.S. ANK:U.S. BANK NATIONAL ASSOCIATION »y a,,' -19r Title Se"i c,i v,' HUNSAKER GROUP: Patrick Hunsaker James Hunsaker John Hunsaker Timothy Hunsaker Brian Morrison John HoiIand Kenneth Trosetb J.P. RUN LLC, a Washington limited liability company I3y Patrick Hunsaker, Manager Ann Marie Hunsaker Denise Hunsaker Norma Jean Hunsaker Bonnie Hunsaker Cora Morrison Barbara Hoiland Sharon Troseth 20041018002418.005 13M793:091231134 4- MOD AGR -SHORT FRM ABASSWA HOME1CAMWESTSHAMROCK HIGHLANDS -A AND D 20041018002418.006 CONSENT BY SUBORDINATE LIEN HOLDERS BASE CAPITAL: BASE CAPITAL, L.L.C., a Washington limited liability company By. H. Thomas Wick, Managing Member [11.11". 0111C U.S. BANK NATIONAL ASSOCIATION By Title HUNSAKER GROUP. Lx&;�dx� 4AOI]M4q,�k Patrick Hunsaker Ann Marie Hunsaker dam Hunsaker Denise Hunsaker John Hunsaker N6rma Jean Hunsak J TimothyRuWker annie Hunsaker Brian Morrison Cora Morrison F � ` n Hoiland Barbara Hoiland �4a,+ Kenneth Troseth Sharon. Troseth J.P. HUN LLC, a Washington limited liability company By �^- Patrick Hunsaker, Manager 139M?93:99M/04 -4- MOD AGR -SHORT FRM ABASSEWROMMCAMWBSTSHAMROCKHLGHLANDS-A AND Q 20041018002418.007 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) 1$ )PEz On this 'day of 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 5 Saui t to me known to be the Q ,UCC! �f I Fsl d+'Ut-' of BANK OF RICA, N.A., the national banking association named in and which executed the foregoing instrument; and he/she acknowledged to me that he/she signed the same as the free and voluntary act and deed of said national banking association for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal the day and year in this certificate above written. t IOTAI{Y' ' f Signature Print Name OF WAa' NOTARY PUBLIC in and for the State of Washington, residing at FILE► kl Q, My commission expires NCAJ STATE OF WASHINGTON ) ) ss. COUNTY OF 41 NCS _ ) On this Z day of Svc rt w► g a y, 2004, before me, the undersigned, a Notary Public itr and for the State of Washington, duly commissioned and sworn personally appeared �'a 4' f -T . P X ,'< , known to me to be the G • F. 0. of CamWesst Development, Inc., a Washington corporation, the Managing Member of SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. Signatur- �iuo� S• Gw1,c.>�. Print Name NOTARY PUBLIC in and for the State of Washington, residing at &Umt4 My commission expires 4 7.T 04 139093:09123164 -5- MOD AOR -SHORT FRM ABASSMAHOMEtiC"WE TSWWROCKHIGHLANDS-A ANDD 2U04101U00241t3.0oa STATE OF WASHINGTON ) ) ss. COUNTY OF r n ) On this -7 day of a-�.,,l.e,r•b..T , 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared H. Thomas Wl* known to me to be the Managing Member of BASE CAPITAL, L.L.C., a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) gni a'iwe a 1neL A— P Ii. i —Print Name NOTARY PUBLIC in and for the State of Washington, residing at L«yc 1.j My commission expires -� - 19 - Dto , On this day of , 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared _ , to me known to be the of U.S. BANK NATIONAL ASSOCIATION, the national banking association named in and which, executed the foregoing instrument; and he/she acknowledged to me that helshe signed the same as the free and voluntary act and deed of said national banking assooiation for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal the day and year in this certificate above written. Signature Print Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 139M43:09M/D4 -& MOD AGR -SHORT FRM ABASWBA HOM&CAMWMSHAMROCK HIGHLANDS -A AND D 2UU4101tJU1J241U.000 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this day of , 2044, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared H. Thomas Wick, known to me to be the Managing Member of BASE CAPITAL, L.L.C., a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument, I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. signaturc Print Nanx NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) } ss. COUNTY OF KING ) On this day of 2004, before me, a Notary Public in and for , � State f Washington, euly conunissionpd and swo ally appeared to me known to be the persopf U.S. BANK NA ONA ASSOCIATION, the national bwffdng associati6i named in and which execated the foregoing instrument; and he/she acknowledged to me that he/she signed the same as the free and voluntary act and deed of said national banking association for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on i gj Ap%K{1ent. B1AUIVY`Qa,�� WITNESS ray hand and offi fxalsral the day and year in this certifics 3W;114i �..a��o�A�� OFIN Print Name NOTARY PUBLIC infor the State of Washington, residing a! {,Ulm My commission expires 1394A793:09P13104 •Cr MOD AGR -SHORT PRM AHASSMBA H0ME1CAMWFSrSHAMR0CK HIGHLANDS•A AND D ZU1J41V1bU0141tW1U STATE OF WASHINGTON ) ss. COUNTY OF } On this 8kyN day of 0dobe ✓ , 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Patrick Hunsaker and Ann Marie Humaker, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written. I11t11f1►11 10 Signature MAY s L i l l tti Pck dnt to 2008 ; PrintName � NOTARY PUBLIC in and for the State of OP ,...• �� Washington, residing atm. ��� 4Y P110��>>` 41111 tt My commission expires _M� t �_7 � STATE OF WASHINGTON ) ) ss. COUNTY OF On this day of %M-0 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared James Hunsaker and Denise Humaker, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written, IN Signature Print Nano NOTARY PUBLIC in and for the State of Washington, residing at Cui t'+>Y My commission expiresrn�� 13904793:09n3104 -7- MOD AGR -SHORT FRM ABASSE BA HOMECAMWESTlSHAMRaCK HIGHLA NDS -A AND D 20041018002418.011 STATE OF WASHINGTON ) ) ss. COUNTY- OF� ) On this $fit, day ofcam^, 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John Hunsaker and NO" Jean Hunsaker, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and malting this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official sea] the day and year in this certificate above written. twtrturrrrr L ;;i'�(iWE �' Signature MM np i ll i�tcltlt?c 20G8 *y _ Print Name NOTARY PUBLIC in and for the State of k ...•• 'i��� Washington, residing at exG'%+ NI . ty PVA ���� I111rINti4��, M commission expires M 1 wn8 y p STATE OF WASHINGTON ) ss. COUNTY OF On this day of Q. 6\0, ' , 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Timothy Hansaker and Bonnie Hunsaker, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written. ( Ayo, Signature L:,tR, Puav cx0 Print Name NOTARY PUBLIC in and for the State of Washington, residing at Qd,►ytUvt My commission expires �Z aA 139M793:0912M4 -a• MOD AGR -SHORT FAM ABASSEiBA HOMEICAMWUW HAM ROCK HIGHLANDS -A AND D 20U41U1UU0241U.U12 STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this AN day of OCAU�W , 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Brian Morrison and Cora Morrison, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document WITNESS my hand and official seal the day and year in this certificate above written. tttitit,tfff\ P. - PAG+Hf��r Signature AMY OS Li ru �t I . print Name �...••.� CG . NOTARY PUBLIC in and for the State of Washington, residing at QA.v11-bn rrmwa+r+► My commission expires no6A l 'L - STATE OF WASHINGTON ) ) ss. COUNTY OF �–'Ayi — ) On this 5k day of dL 2004, before me, a Notary Public in and for the State of Washington, duty commissioned and sworn, personally appeared John Hoiland and Barbara Hoiland, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written. Signature LU 117n fucht", Print Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires " 1. UR t3gQ m:oga3m -9- MOD AOR -SHORT FRM ABASSEIBAHOME1CAMWES SHAMROCK HIGHLANDS -A AND D ,4VV4IVI0VVA410.VIJ STATE OF WASHINGTON ) ) ss. COUNTY OF ) Dn this _ day of bt)/� 2004, before rne, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared Kenneth Troscth and Sharon Troseth, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written. t� I Signature l:r1i�f Print Name NOTARY PUBLIC in and for the State of Washington, residing at W 2v% My commission expires A 120 STATE OF WASHINGTON ) ) ss. COUN'T'Y OF On this ?,4 -V -s_ day of -�� , 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Patrick Hunsaker, known to me to be the Manager of J.P. HUN LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrurnent to he the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. I oerdfy that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above writtem Signature 117• �,1RQ ca Print Name NOTARY PUBLIC in and for the State of Washington, residing atytin My commission expires M1,3 g 13901793:09123104 44- MOD AGR -SHORT FRM ABASSElBA HOMMAMWES-MHAM1tOCK HIGHLANDS -A AND D 20040813000465.001 WHEN RECORDED RETURN Tp: Bank of Amenea, N.A, - RE Bank - NW Home Builder WA3-504-04-01 10500 NE 8th Street, Suite 400 Bellevue, WA 98004 Attn: Loan Administration 20040813000485 x�g ATI ON TI CONS 31 to OF 013 ppOMl 01/13/2004 09,38 KING COIaYiTY, W Document Tithe: Consent to Subordinate Financing and Agreement of Subordination Grantor: 1 Base Capital, L.L. C 2 U.S. Bank National As ociatioa jo�3o5� t1c� I � O �WAi ��31�i -,toad. Grantee: Bank of America, N,A. •Iij - q* Nob �%4Qk- POI- s-Tf� I Q ��.` N�S I~ Vkt� f� Il ` 13 Reference Nos. of Documents Released or Assigned. Grantor Deed of Trust Recording No 20011009002308 (as modified by 20020915000404 and 20021231002396); Assignment of Deed of Trust Recording No. 20011026001657, Grantee Deed of Trust Recording No. F ED FOR RECORD .iT THE REQUEST OF Loan Na 499595 fPANSNAn OR TITLE INSURANCE CO, CONSENT TO SUBORDINATE FINANCING AND AGREEMENT OF SUBORDINATION NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN THE SUBORDINATOR'S DEED OF TRUST ON THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF A DIFFERENT OR LATER DEED OF TRUST. THIS CONSENT TO SUBORDINATE FINANCING AND AGREEMENT OF SUBORDINA'T'ION ("Agreement") is made to be effective as of July 29, 2004, by and between Bank of America, NA, and its universal successors, assigns, and participants ("Lender"), whose address is RE Bank - NW Home Builder/Loan Administration, WA3- 504-04-01, 10500 NE 8th Street, Suite 400, Bellevue, WA 99004, BASE CAPITAL, L.L.C., a Washington limited liability company, and its universal successors assigns and participants ("Subordinator"), whose address is 411-108" Avenue N.E., Suite 1970, Bellevue, WA 98004, and SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, and its universal successors, assigns and participants ("Owner"), whose address is c/o CamWest Development, Inc, 9720 NE 1201 Place, Suite 100, Kirkland, WA 98034, with respect to the following facts: RECITALS: A. lender is making a loan (the "Loan") to Owner in the principal amount of $11,336,250.00 for the purpose of refinancing Owner's debt with respect to 'tiie real property located in King County, Washington (the "Project'), legally described iii A1061t A attached - ,.r hereto and by this reference incorporated herein. The Loan is subjecta,w.,, # V o e— condition, among others, that payment and performance of Owner's obligations io Le��k►nder under the Loan be secured by a first lien deed of trust (the "First Deed of Trust") on the Project, with unconditional priority over all other permitted liens and encumbrances thereon B Owner is the owner of all of the property both real and personal, tangible and intangible, described in and encumbered by the First Deed of Trust. 130793 0729104 1- SUBORD BASK i ABASSMA HOMSI CAMWEST SHAMWCK HIGHLANDS -A AND D 20440813000485.002 C. The terms of the Loan prohibit any lien or encumbrance on the Project other than the First Deed of Trust. The Project is currently encumbered by a Deed of Trust recorded in the real property records of King County, Washington under Recording No. 20011009002308 (as modified by documents recorded under Recording Nos 20020815000404 and 20021231002396) (the "Subordinate Deed of Trust") which secures indebtedness to Subordmator evidenced by a promissory note in the ongmal principal amount of $3,500,000 Owner and Subordinator have requested that Lender permit the Subordinate Deed of Trust to remain as an encumbrance on the Project, and Lender has agreed to the encumbrance of the Subordinate Deed of Trust on the terms and conditions set forth in this Agreement D. Subordinator assigned its interest under the Subordinate Deed of Trust to U S Bank National Association ("US Bank") for security purposes pursuant to an Assignment of Deed of Trust recorded in the real properly records of King County, Washington under Recording No 20011026001657. AGREEMENT: NOW, THEREFORE, in consideration of Lender's consent to the Subordinate Heed of Trust, to induce Lender to advance loan funds under the First Deed of Trust, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties represent, warrant and agree as follows - I Recordina Information. The First Deed of Trust was recorded in County, Washington on , 2004, under King County Recording No. and the Subordinate Deed of Trust was recorded in Ding County, Washington, on October 9, 2001, under Kung County Recording No 20011009002308, and modified by documents recorded under Recording Nos 20020815000404 and 20021231002396. It is contemplated that this Agreement will be executed prior to the recording of the Fust Deed of Trust and Subordinator and Owner specifically authorize Lender to insert or cause to be inserted in this Section 1 the recording date and recording number for the First Deed of Trust. 2. Consent to Subordiriit_te Deed of Trust, Lender hereby consents to the Subordinate Deed of Trust, provided, that the maximum amount which may be, by its terms, secured by the Subordinate Deed of Trust shall not exceed $ 11,336,250.00. 3 Subordination Subordinator, being the holder(s) of all of the beneficial interest in the Subordinate Deed of Trust, hereby unconditionally and irrevocably agrees that the Subordinate Deed of Trust and all indebtedness and obligations secured thereby, and any other estate, lien or interest which Subordinator may at any time now or hereafter have or acquire in any of the property, real and personal, described in the First Deed of Trust, is and shall at all times be and remain unconditionally subject, subordinate and inferior to the lien and security interest now or hereafter created by the First Deed of Trust and to all advances or charges made or accruing under the First Deed of Trust Without limitation, this agreement of subordination extends to and includes unconditional and irrevocable subordination of the Subordinate Deed of Trust to (i) any extension, modification, amendment, renewal or replacement of the First Deed of Trust, (ii) all leases, rents, cash collateral, accounts, insurance and condemnation proceeds, inventory, equipment, general intangibles and other tangible and intangible property comprising or derived from the Project, (in) all advances made in connection with the Loan, any advance made by Lender to Owner as a debtor in possession under the U.S. Bankruptcy Code, advances to protect Lenders interest in the Project, and advances made by Lender for taxes, insurance, improvements, or other advances made with respect to the Project, whether or not such advances are expressly authorized by the ten is of the First Deed of Trust, and (iv) any interest or other sums which may accrue to Lender on the obligations secured by the First Deed of Trust following the filing of any petition in bankruptcy with respect t--.) Owner, regardless of whether Owner is excused from paying such interest or other sums under the U.S, Bankruptcy Code 13901793 07129M -2• SU13ORD BASHI ABASSEIBA HOMBCAMWESIMHAMROCK HIGHLANDS -A ANDD 20040813004485.003 4. Payments to subordinator. Prior to any default on the First Deed of Trust or any default by Owner on any loan or other obligation of Owner to Lender, Owner may make and Subordinator may receive payments on the obligations secured by the Subordinate Deed of Trust in the amounts and at the times due but not otherwise without Lender's prior written consent After any default under the First Deed of Trust or under any loan or other obligation of Owner to Lender, Owner shall not ]make and Subordtnator, with actual knowledge of such default, shall not take any payments on such obligations and following such default of which Subordinator has actual knowledge any payment of such obligations by Owner to Subordinator shall be collected, enforced and received by Subordinator m trust for the benefit of Lender and promptly paid over to Lender on account of the obligations secured by the First Deed of Trust Failure to remit shall be deemed equivalent to rrusappropriahon while acting in a fiduciary capacity so as to constitute a non -dischargeable debt under the U S. Bankruptcy Code 5 Covenants of Subordinator Subordinator hereby covenants and agrees with Lender that (a) Until such time as the indebtedness and obligations secured by the First Deed of Trust have been paid and performed in full, Subordinator waives, relinquishes and releases any and all rights of subrogation which Subordinator may have with respect to the First Deed of Trust, in any other security for payment of the Loan which Lender now has or Hereafter acquires, or otherwise to participate in any claim, right or remedy of Lender against Owner (b) So long as the First Deed of Trust remains in effect, not to declare any obligation secured by the Subordinate Deed of Trust in default, not to exercise any of the rights or remedies available to Subordinator under the Subordinate Decd of Trust, the U S. Bankruptcy Code, or any other federal, state or local laws including, without limitation, acceleration of any obligation secured by the Subordinate Deed of Trust, the right to the appointment of a receiver, the right to receive any rents, issues or profits from the Project and the nght to foreclose the Subordinate Deed of Trust (c) In the event of a default under the Loan, Subordinator shall, following Subordinator's receipt of written notice from Lender, have the option, in its sole discretion, but not the obligation to (i) promptly cure any monetary default and thereafter keep the Loan current, and (ii) promptly make all reasonable efforts to cure any non -monetary default. (d) Lender shall not be bound to exhaust its recourse or take any action against Owner or any guarantor or any other person or entity or proceed against any other collateral or property prior to judicial or nonjudicial (trustee's sale) foreclosure of the First Deed of Trust. Lender may, without notice to or the consent of Subordinator, (i) enter into any extension, modification, amendment, renewal, replacement of the First Deed of Trust or any other document or agreement evidencing or securing the Loan, (ii) release any or all parties liable for any obligations or indebtedness secured by the First Deed of Trust, and (in) release all or any of the security for the obhgations or indebtedness secured by the Fust Deed of Trust. Subordmator agrees to promptly execute and deliver to Lender from time to time all such documents and agreements as Lender may require to confirm the subordination of the Subordinate Deed of Trust, (e) Subordinator waives (i) the benefit of suretyship claims and defenses generally, (ii) any right to require marshalling of assets or to require Lender to proceed against or exhaust any specific security for the obligations secured by the First Deed of `frust, and (iii) any defense to any exercise of Lender's rights hereunder or under the First Deed of Trust or the other documents and agreements evidencmg and securing the Loan arising out of the loss or impairment of any right of subrogation to the First Deed of Trust or to any other document or agreement evidencing or securing the Loam (f) In the event of a casualty to the Project or a condemnation or taking under a power of eminent domain of all or any portion of the Project, the buildings or improvements thereon, or a threat of such condemnation or taking, all payments and 13901793 07!29104 -3- SUBORD EASB1 ABASSRBA 80MESCAMWEST%S$AMROCKHEGHLANDS-A AND D 20040813000485.004 settlement of insurance claims and condemnation awards shall be paid first to Lender to be used or applied as provided in the First Deed of Trust, and then to Subordinator to be used or applied as provided in the Subordinate Deed of Trust (g) Subordinator represents to Lender that Subordinator (i) is adequately informed of the financial condition of Owner and of Owner's pians and resources for development and operation of the Project, (ii) has not relied upon any financial or other information about Owner or the Project furnished by Lender, if any, and (iii) does not expect Lender to provide and waives any duty on the part of Lender to provide such information in the future including, without limitation, adverse information about the Owner or the Project, if any, which Lender may possess or acquire and which may not be available to Subardinator, (h) Prior to the execution of this Agreement, Subordinator has had the opportunity to examine the terms of the First meed of Trust and the other documents, instruments and agreements evidencing and securing the Loan, all of which Subordinator consents to and approves Subordinator acknowledges that Lender has no obligation to Subordmator to advance any funds under the First Deed of Trust or to see to the proper use and application of the funds so advanced Subordinator understands that construction loans can involve substantial risks for junior lien holders and agrees that Lender is not a trustee or fiduciary for Subordinator and undertakes no duty, obligation responsibility or special relationship to Subordinator to see to proper use and application of the Loan or otherwise to protect and not act adversely to Subordinator's interests. Any application or use of the Loan for purposes other than those provided for in the First Deed of Trust and the other documents Instruments and agreements evidencing and securing the Loan shall not defeat, limit or impair this subordination in whole or in part 6 Partial Releases (a) Subordinator acknowledges the primary purpose of the Loan is to finance a portion of the costs of making certain improvements to the Project described generally as a plat consisting of finished buildmg lots (each a "Lot") for the construction of single family homes, with associated amenities, streets, utilities, retention ponds and greenbelts Until the Loan is paid in full and the Project is released from the lien of the Senior Deed of Trust (and any other security interest of Subordinator in the Project), Subordinator will from time to time cause the lien created under the Subordinate Deed of Trust to be promptly released and reconveyed from individual Lots upon the closing of the sale thereof. Subordinator's obligation to release the Subordinate Deed of Trust (and any other security interest of Subordinator in the Project) upon the sale of any Lot shall not be affected by any default under the First Deed of Trust or the Subordinate Deed of Trust (b) Prior to the occurrence of a default or an event of default udder the First Deed of Trust, Subordinator shall be paid from the net sale proceeds from the sale of any such Lot, after payment of all costs and expenses of such sale and the payment to Lender of any amount then required under the Senior Loan Documents for release and reconveyance of the Senior Deed of Trust from such Lot, the amount of any payments then due and payable to Subordinator pursuant to the Subordinate Deed of Trust; provided, however, Subordinator agrees to release Lots from the lien created under the Subordinate Deed of Trust (and any other security interest of Subordinator in the Project) even if the net sale proceeds available for payment to Subordinator is less than the amount required under the Subordinate Deed of Trust or if Subordinate Lender receives no payments or paydown whatsoever from such sale (c) Subordinator acknowledges that Lender would not make the loan to Owner without the agreements of Subordinator set forth in this Section 6 and that this Section 6 shall be specifically enforceable by Lender. Subordinator agrees to execute and deliver requests for partial reconveyance (and such other documents or instruments as Lender or any escrow agent or title company may request) for the release of Lots from the lien created under the Subordinate Deed of Trust (and any other security interest of Subordinator in the Project) in accordance with this Section 6 within five (5) 17901743 M9104 4. SU BORD BASE 1 ABASSEIBA HOMMCAMWE511SHAMROCK HIOHLANDS•A AND D 2004W13000485.005 business days after written request from Owner, Lender or any escrow agent for the sale of any such Lot. 7. Q0—Ls Default Any breach or default of Subordinator's duties and obligations under this Agreement or any claim or assertion by or on behalf of Subordinator that the Subordinate Deed of Trust is of equal or greater priority to the First Deed of Trust shall, at Lender's option, constitute an event of default under the First Deed of Trust and the other documents and agreements evidencing and securing the Loan Any breach or default of the duties and obligations secured by the Subordinate Deed of Trust shall, at Lender's option, constitute an event of default under the First Deed of Trust and the other documents and agreements evidencing and securing the Loan. S Cont by US Baa By executing this Agreement in the space below, US Bank hereby consents to the subordination of the Subordinate Deed of Trust to the First Deed of Trust on the terms and conditions of this Agreement, and US Bank joins in flus Agreement solely for such purpose. Miscellaneous. (a) This Agreement shall be governed and construed in accordance with the laws of the State of Washington Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. (b) In any action or proceeding to construe or enforce this Agreement, the prevailing party shall recover its costs and reasonable attorneys' fees including those incurred in any trial or arbitration proceeding, in any bankruptcy, insolvency or receivership proceeding, and in any appeal therefrom. (c) This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof, replaces all prior and contemporaneous ora] agreements and understanding, and may be modified only by a writing signed by all parties hereto. (d) This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors, assigns and participants IN WITNESS WHEREOF, the parties have made this Agreement to W effective as of the day and year first set forth above ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. LENDER: BANK OF AMERICA, N.A. By ,g . Title c57i' Vie- ]signatures ooiitinued on next page] 13965793 07729/04 -5- SUBORD BASEL ABASSEIBA HOME4CAMWESMSHAMROCK HIGHLANDS -A AND D LVV'�V4 .+/VVVYV.+.vvv SUBORDINA'T'OR: BAST: CAPITAL, L.L.C., a Washington lirnited habilq company B w. /—L, H. 'Phomas Wick, Managing Member OWNER: SHAMROCK HIGHLANDS, LLC, a Washington llnuted liAihty company By CamWest Development, Inc., a Washington corporation, Managing Member By &2QtTO s US BANK: U.S. BANK NATIONAL ASSOCIATION 1 13901793 0X29 -6- SUROU BASEE ABASSESBA HOM E\CAM W ESTLSHAMRGCA HIGHLANDS -A AND D .4VV4V014VUV408.UU1 STATE OF WASHINGTON } ss COUNTY OF NG ) I certify that I know or have satisfactory evidence that 14 Icts- 1it+ _ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledge it as the j iof Site pflSt�dI+f BANK OF AMERICA, N.A. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: IS • 11.04 . �• Ss "`''•,t�' Name Printed:_ Pukt ti* n. Notary Public in and for the State of AOT: YS * Washington, residing at LLN=c �AtA 114 pUBUG _ My appointment expires bjtV . 11,fto5 was 13 9 017 93 0 712 4!04 -7- SUBORD BP SE1 ABASSMA HOMWAMWESRSHAMROCKHIOHLAND5-A AND D LYV4Uo 1 JVVV40u. UV0 STATE OF WASHINGTON ) )SS COUNTY OF J } On this N day of 2004, before me, the undersigned, a Notary Public in and for the State of Washit gton, duly commissioned and sworn personally appeared Ii. Thomas Wick, known to me to be the Managing Member of SASE CAPITAL, L.L.C., a Washington limited liability company, the limited liability company that executed the foregoing Instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited hability company, for the purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument I ceftlfy that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document WITNESS my hand and official seal hereto affixed the day and year in the certificate above written �2au f - N&) "�*�OTAgr PrintName NOTARY PUBLIC in and for the State of Washington, residing at My comtnission expires 7 �~ i*AS��� 13905793 OV29IN •8- SUBORD BASEL ABASSEMA HOMESCAMWESTSHAMROCK HIGHLANDS•A AND D 4-1 ---- STATEV V VY -- STATE OF WASHINGTON ) ) ss COUNTY OF J ) On this v20 day of 2004, before me, the undersigned, a Notary Pu�inV the State of Washington, duty c ri iissioned and sworn personally appeared known to me to be the Priewt of CamWest Development, Ire., a Washington corporation, the Managing Member of SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, the ttmited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. '\11311tII�fY7llj�j� G G ii G 5tgnat e GQ • gs��;� �,�,: Lam' S G.�.�. �. *:s' � R *^ PnniName 2005 fir; w NOTARY PUBLIC in and for the State of Washington, residing at �� �,�•' My commission expires :j 7z 5 13M793 07!19104 -9• SUSORD BASSI ABASSMBA HOMEICAMWES'irSHAMROCK HIGHLANDS -A AND D STATE OF WASHINGTON 1 ss COUNTY OF ) I certify that I know or have satisfactory cvidence ,jfk�ii,,l is the person who appeared before me, and said person acknowled ed that he/she signed this instrument, on oath stated that hel a was authorized to execute the instrument and acknowledge it as the of U.S. BANK NATIONAL ASSOCIATION to be the fres and voluntary act of such party for the uses and purposes mentioned to the mstrument. Dated: 'r ' '31 L L r Name Printed Notary Public m and for Stat of !t c^ • ` " ' f �� Washington, residing # •.•• My appointment expires ? &- 13941793 07/29104 •10- SUBORD 13ASE3 ABASSMA HOMEICAMWESTtSRAMROCK HIGHLANDS•A AND D iV VYVV 1VVL VY V.•.•v I 1 EXHIBIT A LEGAL DESCRIPTION PARCEL A: THE EAST 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF, AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E. 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL C: THE NORTH 112 OF THE NORTH 112 OF THE SOUTH 112 OF THE NORTH 112 OF THE EAST 1/2 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 280 FEET THEREOF, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET, EXCEPT THAT PORTION THEREOF FOR 140H AVENUE S E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL D: THE SOUTH 112 OF THE NORTH 112 OF THE SOUTH 112 OF THE NORTH 112 OF THE EAST 1/2 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT COUNTY ROAD, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 13901793 07aN4 -ll- SURORD BASE ABASSEIBA NOMEICAMWESMITAMROCK HIGHLANDS•A AND 0 LVV4VV I JV4vYVJ.V I PARCEL E: THE WEST 794 FEET OF THE SOUTH 112 OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M., SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LAT B OF UNRECORDED LOT LINE ADJUSTMENT NO, S90MO351 PARCEL F: THE SOUTH V2 OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M , AND EXCEPT THE WEST 794 FEET THEREOF, AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL G: THE NORTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W -M , EXCEPT THE NORTH 168.45 FEET OF THE EAST 302 15 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, PARCEL H. - THE NORTH 168.05 FEET OF THE EAST 342.15 FEET OF THE NORTH 112 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M , EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, PARCEL I: THAT PORTION OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 25 NORTH, RANGE 5 EAST W M, DESCRIBED AS FOLLOWS - BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 112, THENCE NORTH 88020'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 112, 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 8820'4411 WEST, 216 94 FEET; THENCE SOUTH 0015'25" WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH 1/2,329 36 FEET TO THE SOUTH LINE THEREOF, THENCE SOUTH 88°20'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH 1/2, 266.94 FEET TO THE SOUTHEAST CORNER THEREOF, 1390/793 D7129M -E2• SUSDRD BAS61 ABASSMA HOME CAMWEST\SHAMROCK 14I014LANDS-A AND D LVu4UO 1,3uuu'+Ou.V i,J THENCE NORTH 00° 15'25" EAST ALONG THE EAST LINE OF SAID SOUTH 112, 313 35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER, THENCE NORTH 88020'44" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 112, 50 FEET; THENCE NORTH 0001525" EAST PARALLEL WITH THE EAST LINE OF SAID SOUTH 1/2,16 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL J: THE SOUTH 112 OF THE NORTH 112 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M; EXCEPT THE NORTH 132 FEET THEREOF; AND EXCEPT THE EAST 286 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL K: THE NORTH 16 FEET OF THE SOUTH 112 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION I0, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S E. RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL L: THE NORTH 16 FEET OF THE EAST 50 FEET OF THE SOUTH '/z OF THE NORTHWEST 'l4 OF THE SOUTHEAST 14 OF THE SOUTHEAST '1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M , SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON 1341 'M 07/29/04 •I3— SUBORD BASSI ABASSEIBA HOMEsCAMWESMHAMROCK HIGHI,ANDB•A AND D <VV41j0-1.3VVV400,VV a WHEN RECORDED RETURN TO: BANK OF AMERICA - HOME BUILDER DIVISION WA3-504-44-01 l V Marie 10500 N.E. 9TH STREET, SU1TF 400 Hunsaker, Patrick and Ann 1 BELLEVUE, WA 96004 Hunsaker, James and Denise ATTN: LOAN ADMINISTRATION Hunsaker, John and Norma Jean 3 20040813000486 ` 4 ilipliSNATI0f1 Tj RO 30 EB 5. Ppg0 WN K0ONT KING WA Document Title: Subordination Agreement l V Marie Grantor: 1. Hunsaker, Patrick and Ann 1 —� 2 Hunsaker, James and Denise ��tCq OD 3. Hunsaker, John and Norma Jean 3 Hunsaker, Timothy and Bonme 4 Morrison, Brian and Cora 5. Hailand, John. and Barbara S Troseth, Kenneth and Sharon 7. J.P. Hun, LLC 8 Shamrock Highlands, LLC Grantee: Bank of Amenca, N A Abbreviated Legal Description: Pto of E % of SE 'h of Section 10, Township 23N, Range 5E WM Full Legal Description: See Exhibit A attached io Reference Nos, of Related Documents: Deed of "frust, Assignment of Rents and Leases and Security Agreement, Recording No. 20011009002309; Assignment for Secunty Purposes and Security Agreement, Recording No 20011009002310, UCC Financing Statement, Recording No 20011009002312 R,.M FOR RECORD Al NE REOUFST OF I 4 4SNATION TrTLE INSURANCE CQ NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR INTERESTS IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY INSTRUMENT. SUBORDINATION AGREEMENT This Subordination Agreement ("Agreement") is made as of July 29, 2004, by and among SHAMROCK HIGHLANDS, LLC, a Washington limited liability company ('Borrower"), PATRICK and ANN MARIE HUNSAKER, husband and wife, JAMES and DENISE HUNSAKER, husband and wife, JOHN 'axed 'NORMA JEAN HUNSAKER, husband and wife, TIMOTHY and BONNIE HUNSrR, Eim>sband and wife, BRIAN and CORA MORRISON, husband and wife, JOHN and BARBARA HOLLAND, husband and wife, KENNETH and SHARON TROS01, husband and wife, and J.P. HUN LLC, a Washington limited liability company (collectively "Subordinatorl, and BANK OF AMERICA, N.A. ("Leader") RECITALS: A Borrower owns the real property more particularly described in Exhibit attached, and all improvements now or hereafter located or constructed thereon (collectively, the "Property") 13901793 07129104 1- SuSORD HUNSAKERi ABASSRDA HOMEICAMW6ST%SH"R0CK H[pHLANDS-A AND D 200401313000486,002 B Lender has agreed to make a loan to Borrower ]n the original principal amount of up to Eleven Million Three Hundred Thirty Six Two Hundred Fifty and 00/100 Dollars (511,336,250.00) (the "Loan") The Loan is or will be evidenced by a Promissory Note dated as of the same date as this Agreement (the "Senior Note"), and secured by a Deed of Trust, Security Agreement and Fucture Filing encumbering the Property (the "Senior Deed of Trust', made by Borrower for the benefit of Lender to be recorded in the real property records of King County, Washington, concurrently with the recordation of this Agreement, The Senior Note, the Senior heed of Trust and all the other documents executed by Borrower in connection with the Loan, as they may subsequently be extended, amended, restated or otherwise modified, arc hereafter referred to collectively as the "Senior Loan Documents" deo y !e 1 L� �� C Borrower onginally acquired the Property from Subordinator and in connection with such acquisition executed and delivered to Subordinator a Promissory Note dated as of October S, 2001 (the "Subordinate Note"), secured by a Deed of Trust, Assignment of Rents and Leases and Security Agreement, recorded in the real property records of King County, Washington under Recording No 20011009002309 (the "Subordinate Deed of Trust"), an Assignment for Security Purposes and Security Agreement recorded in the real property records of King County, Washington under Recording No 20011009002310 (the "Subordinate Assignment'), and a UCC Financing Statement recorded in the real property records of King County, Washington under Recording No 20011009002312 (the "Subordinate Financing Statement") The Subordinate Note evidenced the obligation of Borrower to pay to Subordinator the principal sum of $525,000 (the "Initial Amount"), and certain additional amounts as more particularly described in the Subordinate Note (the "Contingent Payments"). The Subordinate Nate, the Subordinate Deed of Trust, the Subordinate Assignment and the Subordinate Financing Statement are referred to collectively in this Agreement as the "Subordinate Loan Documents". D. It is a condition precedent to Lender advancing Loan proceeds to Borrower to acquire the Property that, subject to all terms and provisions of this Agreement, the Senior Deed of 'frust and the Senior Loan Documents shall be and remain at all times a lien or charge upon the Property prior and superior to the lien or charge of the Subordinate Deed of Trust and the other Subordinate Loan Documents, and that the obligations of Borrower under the Loan be prior and superior to all obligations of Borrower under the Subordinate Loan Documents. AGREEMENTS: For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows Subordination. 1 l General Subordination. Subordinator agrees that its rights in, to and under the Subordinate Loan Documents, including without limitation the Subordinate Deed of Trust (including without limitation the right to receive the Contingent Payments), shall be subordinated to the lien of the Senior Deed of Trust and to all of the payments, terms, covenants and conditions contained in the Senior Loan Documents and any extensions, replacements, consolidations, modifications and supplements thereto, including but not limited to the payment of any and all principal or other advances (whether or not obligatory) in whatever amounts and whenever made, accrued interest, default interest, fees, expenses, charges, prepayment premiums, release prices, reconveyance fees, or other amounts owing under the Senior Loan Documents, any or all of which may increase the indebtedness secured by the Senior Loan Documents above the original principal amounts thereof, and any post-petition interest accrued atter the commencement of any case under the Bankruptcy Code. 13901793 07129!44 -2- SUBORD HUKSAKER] ABASSESA HOMECAM WESMHAMROCK HIGHLAND$ -A AND D 20040813000486.003 1.2 Qualifications and Exceptions. (a) So long as there does not exist any default under the Senior Loan Documents, and in the case of payments to be made from the proceeds of sales of any Portion of the Property, so long as there exists sufficient excess net sale proceeds after payment to Lender of the amounts required to be paid to it under the Senior Loan Documents, Subordinator shall be able to collect the Contingent Payments it is entitled to receive under the Subordinate Note. However, after Lender has given Subordinator written notice of the occurrence of an event of default under the Senior Loan Documents and prior to cure of the default or the full satisfaction of the Loan or release of Borrower and any guarantors thereunder, any payment by Borrower or any such guarantor to Subordinator shall be collected, enforced and received by Subordinator as trustee for Lender and promptly paid over to Lender in payment of such portion of the Loan as Lender may direct (b) The Subordinator's subordination made hereunder shall apply automatically to any extension, replacement, consolidation, modification or supplement of the Loan, including but not limited to any agreement that authorizes or requires additional advances by Lender or otherwise increases the amount of the Loan 2 Qualifications and Confirmations Subordinator qualifies and confirms to Lender the following; 21 Borrower and Subordinator hereby confirm to Lender that the Initial Amount has been paid in full, and the only remaining obligation of Borrower under the Subordinate Note is the obligation to make the Contingent Payments as and when such payments are due and payable pursuant to the terms of the Subordinate Note 2.2 Any foreclosure sale Oudicial or non -judicial) under Senior Deed of Trust and/or any deed in lieu of foreclosure, shall extinguish the Iien of the Subordinate Deed of Trust and the other Subordinate Loan Documents with respect to the Property, or portion thereof, subject to the foreclosure sale and/or deed in lieu of foreclosure Without limiting the generality of the foregoing, if Lender or its affiliate becomes the owner of the Property through a foreclosure sale or deed in lieu of foreclosure, Leader shall have no obligation to Subordinator for the payment of the Contingent Payments Partial Releases. 3.1 Subordinator acknowledges the primary purpose of the loan evidenced by the Senior Note is to finance a portion of the costs of making certain improvements to the Property described generally as a plat consisting of finished building lots. (each a "Lot") for the construction of single family homes, with associated amenities, streets, utilities, retention ponds and greenbelts. Until the Senior Note is paid in full and the Property is released from the lien of the Senior Deed of Trust, Subordinator will from time to time cause the liens created under the Subordinate Loan Documents to be promptly released and reconveyed from individual Lots upon the closing of the sale thereof. Subordinator's obligation to release the Subordinate Deed of Trust (and any other security interest of Subordinator therein) upon the sale of any Lot shall not be affected by any default under the Senior Loan Documents or the Subordinate Loan Documents, 3.2 Prior to the occurrence of a default or an event of default under the Senior Loan Documents, Subordinator shall be paid from the net sale proceeds from the sale of any such Lot, after payment of all costs and expenses of such We and the payment to Lender of any amount then required under the Senior Loan Documents for release and reconveyance of the Senior Deed of Trust from such Lot, the amount of any Contingent Payments then due and payable to Subordinator pursuant to the Subordinate Loan Documents, provided, however, Subordinator agrees to release Lots from the liens created under the Subordinate Loan Documents even if the net sale proceeds available for payment of the Contingent Payments is less than the amount required under the Subordinate Loan 1390/797 07!24104 -3- SUBORD HUNSAKER1 ABASSMBA HOMMAMWESMHAMROCK H10HLANDS•A AND D 2004051300048fi.004 Documents or if Subordinate Lender receives no Contingent Payments or paydown whatsoever from such sale 3.3 Subordinator acknowledges that Lender would not make the hart to Borrower without the agreements of Subordinator set forth in this Section 3 and that this Section 3 shall be specifically enforceable by Lender. Subordinator agrees to execute and deliver requests for partial reconveyance (and such other documents or instruments as Lender or any escrow agent or title company may request) for the release of Tuts from the liens created under the Subordinate Loan Documents in accordance with this Section 3 within five (5) business days after written request from Borrower, Lender or any escrow agent for the sale of any such Lot 4 Further Assurances, Entire Agreement Subordinator, its successors or assigns, or any other holder of the Subordinate Note and the other Subordinate Loan Documents shall execute, acknowledge and deliver, upon the reasonable request of Lender, any and all further subordination, agreements or other instruments, in recordable form, that Lender or its successors or assigns may hereafter reasonably require for carrying out the purposes and intent of this Agreement This Agreement shall be the entim agreement with regard to the subordination of the Subordinate Loan Documents to the lien or charge of the Senior Deed of Trust and the other Senior Loan Documents. This Agreement shall supersede and cancel, but only with respect to such priority, any prior inconsistent agreements as to such subordination, including, without limitation, those provisions, if any, contained in the Subordinate Loan Documents which provide for the subordination of the indebtedness, lien or charge thereof to other debt or security instruments. 5. Confirmation Subordinator hereby confirms to, and agrees with, Lender as to the following. 5 1 There are no defaults (or conditions or events which, with notice and the expiration of any applicable cure period without a cure, would constitute a default), known to Subordinator as of the date hereof, by Borrower under its obligations set forth in the Subordinate Loan Documents 5.2 Subordinator hereby consents to the Loan, and to the execution and delivery by Borrower to Lender of the Senior Loan Documents. 5.3 Subordinator and Borrower agree not to amend or modify the terms of the Subordinate Note or any of the other Subordinate Loan Documents without the prior written consent of Lender. 6. Miscellaneous. This Agreement will be governed by, and cowtrued and enforced in accordance with, the laws of the State of Washington. Each party hereby consents to the jurisdiction of any federal or state court within the State of Washington, County of King, and also consents to service of process by any means authorized by Washington or federal law. This Agreement may be signed in multiple counterparts with the same effect as if all signatories had executed the same instrument Dated as of the date first set forth above SUBORDINATOR; Patrick Hunsaker Ann Marie H asaker [signatures continued on next page] 13905793 OV29iO4 4- SUBDRD HUNSAKEM ABASSEIHA HOME1CAMWESTMAMROCK HIGHLANDS -A AND 11 John Hansaker J.P. HUN LLC, a Washington limited liability company By k2�e= Patrick Hunsaker, Manager LENDER: BANK OF AMERICA, N.A. Bye DouglaA. Sollitt, Senior Vice President BORROWER: SHAMROCK HIGHLANDS, LLC, a Waslungton limited liability company By CamWest Development, Inc., a Washington corporation, Managing Member By � 7 WLLC i Cf -0 Denise Hansa er T orma Jean unsal er oonnnaie Hansaker Cora Morrison Barbara Hoilan Sharon Troseth 20040813000486.005 13901743 07!1.9!04 -3- SUBORD HUNSAKERI A13ASSDBA HOMEICAMWES'RSHAMROCK HION LANDS -A AND D 20040813000486.006 STATE OF WASHINGTON ) ) Ss COUNTY OF i -' N,G.L— ) On this G41) day of! u 9H si . 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Patrick Hunsaker and Anrt Marie Hunsaker, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I cftfy that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on flus document WITNESS my hand and official seat the day and year in this certificate above written. G µ� R. Signature o. 4 0.r a r>— (-^,j Print Name NOTARY PUBLIC in and for the State of Washington, residing at R-^+aw, My commission expmes Hay I' -L0018 1390/793 07/29104 •6• SUBORD HUNSAKERI AHASSMA IIOMWAMWESMHAMROCK HIGHLANDS -A AND D 20040813000486.007 STATE OF WASHINGTON ) } ss COUNTY OF On this ( 11, day of A(kgusf , 2004, before me, a Notary Public to and for the State of Washington, duly commissioned and sworn, personally appeared ,Tames $unsaker and Denise Runsaker, husband and wife, known to me to be the iii&viduals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document WITNESS my hand and official seal the day and year in this certificate above written. 13901791 07729144 7- SUDORD HUNSAKERt ARASSEISA HOMMAMWESIISHAMROCK HIGHLANDS -A AND D B� 0lttltlt0lrlp OASA Signature gyp` wts'siov�Ay�+ �arba�o• rL �AAY pm'. N; PnntNeme 1 * 2008 NOTARY PUBLIC in and for the State of Washington, residing at ,E ���, wAsH°°y�V.�` ly��gR My commission expires 5 k o ikQX)gv,*,. 13901791 07729144 7- SUDORD HUNSAKERt ARASSEISA HOMMAMWESIISHAMROCK HIGHLANDS -A AND D 20040813000486.008 STATE OF WASHINGTON ) ) ss. COUNTY OF I/� n r } On this Wday of Ii_k y os + , 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared John Hunsaker and Norma Jean Hunsaker, husband and wife, known to me to be the individuals named ui and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before rile and making tlus acknowledgment are the persons whose true signatures appear on this document WITNESS my hand and official seal the day and year in this certificate above written 1340/743 09129!% -B- SUBORD HUNSAKERI ARASSEI[aA HGMU CAMwES11SHAMROCK HIGHLANDS -A AND D RA.�i,� Sigiyadire 10; o�4 ' MRS' riz- fta pnntName 2008 -Z NOTARY PUBLIC in and for the State of Washington, residing at f4 „d a ihlJliJE11111��� My commission expires 5 1 0t6 1340/743 09129!% -B- SUBORD HUNSAKERI ARASSEI[aA HGMU CAMwES11SHAMROCK HIGHLANDS -A AND D 20040813000466.009 STATE OF WASHINGTON ) ) ss COUNTY OF On this G -VI, day of � RNs t , 2DO4, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Timothy Hunsaker and Bonnie Hunsaker, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therem mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document. WITNESS my hand and official seal the day and year in this certificate above written IMV93 07/19!04 •9- SUBORD HUNSAKERt ABASSMBA H0MEXCAM W ES1MHAMRACK HIGHLANDS -A AND D � 3 - �"\1111I1I1)11�1" pRA R /* signature i 's•. �_ (3arbo,ra R Iia :4 MAY N; t ; * ....� Print Narne '•4 2Q0$ a. �'�.` NOTARY PUBLIC in and for the State of rti0-..°; wrs;�"� `'i���R Washington, residing at P—+on l'pt1 gyp•` My commission expires 5 rpe IMV93 07/19!04 •9- SUBORD HUNSAKERt ABASSMBA H0MEXCAM W ES1MHAMRACK HIGHLANDS -A AND D 20040813000486.010 STATE OF WASHINGTON } } ss COUNTYOF jL4ncL_ ) On this (off day of r1+kg u s f 2004, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Brian Morrison and Cora Morrison, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. I certify that i know ar havc satisfactory evidence that the persons appearing before me and malting this acknowledgment are the persons whase true slanatures appear on this document WITNESS my hand and official seal the day aad year in this certificate above written �ARA R �'/ice Signature N io MAY =tk: 1 �;*= Pr1ntName r 2008 NOTARY PUBLIC In and for the state of �p • ° wAs ; U�.�~ Washington, residing at tz-*-4 b- r'���� I IPMy commission expires t �� 13901793 9729104 -10- SU$DRD HUNSAKER I ABASMBAHOMMCAMWES'i HAMRaCKHIOBLANUS-A ANDD 20040813000486.011 STATE OF WASHINGTON ) ss. COUNTYOF On this f 1'n day of A sys j , 2404, befoe me, a Notary Public in and for the State of Washington, duly comuuskoned and sworn, personally appeared John Hoiland and Barbara Hoiland, husband and wife, known to me to be the zudivlduals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary aet and deed for the uses and purposes therein mentioned. I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose trac signatures appear on this document. WITNESS my hand and official seal the day and year to this certificate above written NRA q I�Signature i ��� �P,pilrtlssiopF�� .yam � .4 MAY ft..a 9�: r'Ff6�C� (Z k _ printName s 2008 NOTARY PUBLIC in and for the State of %gyp 6FWASK `: %ZWashington, residing at 9<.,, la,, �R �IP13 �`My commission expires S I 0 6 11 [3901793 07129104 -11- SUBORD HUNSAKERI ABASSEIBA HOME1CAMWESTSHAMROCK HIGHLANDS -A AND D 20040813000486.012 STATE OF WASHINGTON ) ) ss. COUNTY OF On this %+�- day of_ .R ut,k s+ , 2004, before me, allotary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Kenneth Troseth and Sharon Troseth, husband and wife, (mown to rue to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned, I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document WITNESS my hand and official seal the day and year in this certificate above written 1390/793 07129M -12• SUBORD HUNSAKERI ABASSMA HOMSCAMWEMSHAMROCK HIOHLAN)s-A AND D RA�q�r4,i� 3lgnature •VO �'Oi � � l7r�f:�Nf^ :4 MAY -*'t PrntName 200$ ' r: y ,y� NOTARY PUBLIC in and for the State of Washington, residing at (zen4.n pT'WAS 4"%Z My commission expires 5.1 oy 1390/793 07129M -12• SUBORD HUNSAKERI ABASSMA HOMSCAMWEMSHAMROCK HIOHLAN)s-A AND D 20040813000486.013 STATE OF WASHINGTON } } ss. COUNTYOF_ On this tofa day of . Ak,, nsi- . 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared Patrick Hunsaker, known to me to be the Manager of J.P. HUN LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that helshe was authorized to execute said instrument I certify that I know or have satisfactory evidence that the person appearing before me and making tins acknowledgment is the person whose true signature appears on thjs document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written. 01� 1arrrrrrl ,pry 0 ARA � ref/: 0Poy�'"ss'si�,�4a ;:a MAV 9N: r 2008 r: '`lR Signature l�atbarr� 2 (zau Print Name NOTARY PUBLIC in and for the State of Washington, residing at (4n+v-, My commission expires _ 5 1 0;3 1394793 07129104 J3• SUBORD HUNSAKERI ARASSEIBA HGMRCAMWESTtSHAMROCK HIGHLAND$ -A AND D 20040813000488.014 STATE OF WASHINGTON) ) ss COUNTY OF KING ) On this day personally appeared before me Douglas B. Sallft#, to me known to be a Senior Vice President of BANK OF AMERICA, N.A., the national banking association that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such national banking association, for the uses and purposes therein mentioned, and on oath stated tlW s/he was duly authorized to execute such Instrument. GIVEN UNDER MY 2004. � ; pIIBLtC 9y 12, WA HAND AND OFFICIAL SEAL flus day of Printed Name !A b4 5S6U, . NOTARY PUBLIC in and for the State of Washington, residing at �ac�l+7Li�ll 2� My Commission Expires J16U • t1k, a D05 13901743 07/29/64 .14. SUBORD HUNSAKERI ABASSMBAH0MWAh7vi1:.3WKAMR0CK EEWiANIM-A AND D 20040813000486.015 STATE OF WASUNGTON ) ss COUNTY OF ) On this day of 2004, before me, the undersigned, a Notary d �nd f r{the State of W huigton, duly r ussioned and sworn personally appeared known to me to be the awW44i4 of CamWest Development, Inc., a Washington corporation, the Managing Member of SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instn ment to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument, I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written ' ,,, .,fi i w- SI& -v R Prmt Name 227 NOTARY PUBLIC in and for the State of 14 Washington, Washington, residing at `f/1 f� L& X1`4 My commission expires -4•27-nS , 139Uk793 07129164 •15- SUBOM HUNSAKERI ABASSEIBA HOMEICAMWEMHAMROCIC HIGHLANDS -A AND D EXHIBIT A LEGAL IIESCRLPTION OF PROPERTY PARCEL A: 20040813000466.016 THE EAST 112 OF THE SOUTHWEST I14 OF THE SOUTHEAST 1/4 OF THE SOUTfiEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 FAST W.M , EXCEPT THE EAST 104 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S.E 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS 5755891 AND 5755892; SITUATE IN TIDE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 1l2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 114 OF THE SOUTHEAST I/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S.E. 128tH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO 5755891, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL C. THE NORTH 112 OF THE NORTH 1/2 OF THE SOUTH U2 OF THE NORTH 1/2 OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M.. EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET, EXCEPT THAT PORTION THEREOF FOR 148' AVENUE S E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL D: THE SOUTH 112 OF THE NORTH I/2 OF THE SOUTH 112 OF THE NORTH 1/2 OF THE EAST 112 OF THE SOUTHEAST 114 Of SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M., EXCEPT COUNTY ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 13M193 07129!04 -16• SU13ORD HUNS AKERI ABASSEIBA HOMEICAMWESWFIAMROCK HICULA14DS-A AND D 4 20040893000486.017 PARCEL E: THE WEST 794 FEET OF THE SOUTH 112 OF THE SOUTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 1I4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S90M0351. PARCEL F: THE SOUTH 112 OF THE SOUTH 1!2 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; AND EXCEPT THE WEST 794 FEET THEREOF, AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL G.- THE :THE NORTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M , EXCEPT THE NORTH 168 05 FEET OF THE EAST 302.15 FEET THEREOF, AND EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S E RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL H. THE NORTH 168 05 FEET OF THE EAST 302.15 FEET OF THE NORTH 112 OF THE NORTHEAST U4 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M.; EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S.E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL I: THAT PORTION OF THE SOUTH 112 OF THE NORTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 25 NORTH, RANGE 5 EAST W M., DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 112, THENCE NORTH 8802044" WEST ALONG THE NORTH LINE OF SAID SOUTH 1l2, 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88°20'44" WEST, 216 94 FEET, THENCE SOUTH 00015'25° WEST PARALLEL WITH THE FAST LINE OF SAID SOUTH 1/2,329.3 6 FEET TO THE SOUTH LINE THEREOF, THENCE SOUTH 88020'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH 112, 266 94 FEET TO THE SOUTHEAST CORNER THEREOF; 1390/743 0329104 -17. SUBORO HUNSAKERI ABASSMBA HOMESCAMWES'[1SHAMROCK HIGHLANDS -A AND 17 20040BIZ00048e.D18 THENCE NORTH 00°15'25" EAST ALONG THE EAST LINE OF SAID SOUTH 112, 313 35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER; THENCE NORTH 88020'44" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 112, 50 FEET; THENCE NORTH 00°15'25" EAST PARALLEL WITH THE EAST LINE OF SAID SOUTH 112,16 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL J: THE SOUTH 112 OF THE NORTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M,; EXCEPT THE NORTH 132 FEET THEREOF; AND EXCEPT THE EAST 286 FEET THEREOF, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL K: THE NORTH 16 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; EXCEPT THAT PORTION THEREOF FOR 148'" AVENUE S E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL L: THE NORTH 16 FEET OF THE EAST 50 FEET OF THE SOUTH !z OF THE NORTHWEST f/, OF THE SOUTHEAST'/4 OF THE SOUTHEAST %+ OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON 13901793 07/29104 -1 B- SUBORD HUNSAKER I ABASSECEA HOMECCAMWEMSHAMROCK HIGH LANDS -A AND D WHEN RECORDED RETURN TO: Bank UtAmenea, N.A. R6 Bank—NVW Horne BrlOder WA3-504-04-01 10500 NE Ot11 Street, Suite 400 Bellevue, WA 98004 Attn, Loan Admm)3tratioR PTI G0115 31 00 pp�� 45 20040928001366.001 Document Title: Consent to Subordinate FlWocing and Agreement of Subordination Grantor: 1 Base Capital, L.L C 2 U.S. Bank National As iation � �-10930456V) 40, � �13C>' E, —q-Nt-1 t o cXx 9q M cI t7 � Grantee: Bank of America, N,A. fill - .} j Nob(' Referee Nos. of Documents Released or Assigned: Grantor heed of Trust Recording No 20011009002308 (as modified by 20020815000404 and 20021231002390; Assignment of Deed of Trust Re co drug No. 20011026001657, Grantee Deed of Trust Recording No. C F.,>30 WR RE=D ,5T THE RBQIW OF Loan [+b 449593 iRa4ISWATI0NTI1i.E1Ntilgi�liCEtlllt CONSENT TO SUBORDINATE FINANCING AND AGREEN ENT OF SUBORDINATION NOTICE. THIS SUBORDINATION AGREEMENT RESULTS IN THE SUBORDINATOR'S DEED OF TRUST ON THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF A DIFFERENT OR LATER DEED OF TKUST. THIS CONSENT TO SUBORDINATE FINANCING AND AGREEMENT OF SUBORDINATION ("Agreement") is made to be effective as of July 29, 2004, by and between Bank of America, N A, and its universal successors, assigns, and participants ("Lender"), whose address is RE Bank — NW Home Builder/Loan Administration, WA3- 504-04-01, 10500 NB 8th Street, Suite 400, Bellevue, WA 9$004, BASE CAPITAL, L.L.C.,' a Washington limited Lability company, and its Universal successors assigns and participants ("Subordinator"), whose address is 411-tOe Avenue NE, Suite 1970, Bellev6e, WA 98004, and SHAMROCK HIGHLANDS, LLC, a Washington limited Liability company, and its universal successors, assigns and participants ("Owner"), whose address is do CamWest Development, Inc, 9720 NE 12e Place, Suite 100, Kirkland, WA 98034, with respect to the following facts: FILED F01:1 fiI:CORp AT THE REQUEST OF RECITALS: TRANSNATION TITLE INSURANCE Ca A. Lender is making a loan (the "Loan') to Owner in the prnncipal amount of $11,336,250.04 for the purpose of refinancaAg Owner's debt with respect te'the real property Located in King County,'Washrngton (tire "Project"), legally described iii UH' r attached hereto and by this re%rence incorporated herein. The Loan is suiiject'S' a condition, among others, that payment and performance of Owner's obligations to t" under the Loan be secured by a first lion deed of trust (the "First Beed of Trust'D on the Project, with unconditional priority aver all other pemutted liens and encumbrances thereon B Owner is the owner of all of the property both real and personal, tangible and intangible, described in and encumbered by the First Deed of Trust, " . VS 0IR 4140,L 1 i3 b rr> Apr,' f2 �—. ti f -J b M fVAM 13905793 0712911W P R P -� PAWS Z . 3UBDADBA551 AOASSEU3A H06+O:lCAMWES"rLS1iAMROCIC HfGNLANDS A AND 0 20040928001366.002 C. The terms of the Load prohibit any lien or encumbrance on the Project other than the First Deed of Trust. The Project is currently encumbered by a Deed of Trust recorded in the real property records of King County, Washington under Recording No. 20011009002308 (as modified by documents recorded under Recording ' Nos 20020815000404 and 20021231002396) (the "Subordinate Deed of Trust'? which secures indebtedness to Subordinator evidenced by a promissory note in the original principal amount of $3,300,000 Owner and Subordinator have requested that Lender penult the Subordinate Deed of Trust to remain as an encumbrance on the Project, and Lender has agreed to the encumbrance of the Subordinate Deed of Trust on the terms and conditions set forth in this Agreement D. Subordinator assigned its interest under the Subordinate Deed of Trust to U S Bank National Association ("US Bank") for security purposes pursuant to an Assignment of Deed of Trust recorded in the real property records of King County, Washington under Recording No 20011026001657. AGREEWNTC NOW, THEREFORE, in consideration of Lender's consent to the Subordinate Deed of Trust, to induce Lender to advance loan funds under the First Deed of Trust, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties represent, warrant and agree as follows - ,X 1 ne laf9irmation. The Fust Deed of Trust was recorded in County, Washington on 2004, under King County Recording No. 24o40813VW and the Subordinate Deed of Trust was recorded in Kang Courcy, Washington, on October 9, 2001, under Krng County Recording No 20011009002308, and modified by documents recorded under Recording Nos 20020813000404 and 20021231002396. It is contemplated that this Agreement will be executed pnor to the recording of the First Deed of Trust and Subordinator and Owner specifically authorize Lender to insert or cause to be inserted in this Section I the recording date and iiccording number for the First Deed of Trust. 2. Consent to Madinait Doed of Trust. Lender hereby consents to the Subordinate Deed of Trust, provided, that the maxinivm amount which may be, by its terms, secured by The Subordinate Deed of Trust shall not exceed $11,336;250.00. 3 Subordination Subordinator, being the holder(s) of all of the beneficial interest m the Subordinate Deed of Trust, hereby unconditionally and irrevocably agrees that the Subordinate Deed of Trust and all mdebteduess and obligations secured thereby, and any outer estate, lien or Anterest which Subordinator may at any time now or hereafter have or acquire in any of the property, real and personal, described in the First Deed of Tnist, is and shalt at all #tees be and remain unconditionally subject, subordinate and inferior to the lien and security interest now or hatafter created by the First Deed of Trust and to all advances or charges made or accruing under the First Deed of Trust Without lirmtatton, this agreement of suboirdmation extends to and includes unconditional and irrevocable subordination of the Subordinate Deed of Trust to (i) any extension, modification, amendment, renewal or replacement of the First Deed of Trust, (ti) all leases, rents, cub collateral, accounts, insurance and condemnation proceeds, inventory, equipment, general intangibles and other tangible and intangible property comprising or derived from the Project, (iii) all advances made in connection with the Loan, any advance made by Lender to Owner as a debtor in possession under the U.S. Bankruptcy Code, advances to protect Lender's interest in the Project, and advances made by Lender for taxes, insurance, improvements, or other advances made with respect to the Project, whether or not such advances are expressly authorized. by the terms of the First Deed of Trust, and (iv) any iuoterest or other sums which may accrue to Lender on the obligations secured by the First Deed of Trust following the filing of any petition in bankruptcy with respect to Owner, regardless of whether Owner is excused from paying such interest or other sums under the U.S. Bankruptcy Code MOV93 R WIN -2- SUBORD BASE] ABASSMAHOMMAL4WSSM iAMROCg iliOHLANDS-A ANDD 20040928001366.903 4, Payments to Subordinator. Prior to any default on the Fust }Deed of Trust or any default by Owner on any loan or other obligation of Owner to Lender, Owner may make and Subordmator may receive payments on the obllgaiions secured by the Subordinate Deed of Trust in the amounts and at the tip s due but not otherwise without Lender's prior written consent After any default under the First Deed of Trust or under any loan or other obligation of Owner to Lender, Owner shall not make and Subordinator, with actual knowledge of such default, shall not take any payments on such obligations and following such default of which Subordinator has actual knowledge any payment of such obligations by Owner to Subordinator shall be collected, enforced and received by Subordinator in trust for the beanefit of Lender and promptly paid over to Lender on account of the obligations secured by the First Deed of Trust Failure to remit sliall.be deemed equivalent to misappropriation while acting in a fiduciary capacity so as to constitute a non -dischargeable debt under the US. Bankruptcy Code S- Covenants ofsubordinator Subordinator hereby covenants and agrees with Lender that (a) Until such time as the indebtedness and obligations secured by the First Deed of Trust have been paid and performed in full, Subordinator waives, relinquishes and releases any and all rights of subrogation which Subordinator may have with respect to the First Deed of Trust, in any other security for payment of the Loan which Lender now has or hereafter acquires, or otherwise to participate in any claim, right or remedy of Lender against Owner (b) So long as the First Deed of Trust remains in effect, not to declare any obligation secured by the Subordinate Deed of Trust in default, not to exercise any of the rights or remedies available to Subordinator under the Subordinate Deed of Trust, the U S. Bankruptcy Code, or any other federal, state or local laws including, without limitation, acceleration of any obligation secured by the Subordinate Beed of Trust, the right to the appotntntent of a receiver, the right to receive any rents, issues or profits from the Project and the right to foreclose the Subordinate Decd of Trust (c) In the event of a default under the Loan, Subordinator shall, following Subordinator's receipt of written notice from Lender, have the option, in its sole discretion, but not the obligation to (i) promptly cure any monetary default and thereafter keep the Loan current, and (H) promptly make all reasonable efforts to cure any non -monetary default. (d) Lender shall not be bound to exhaust its recoiuse or take any action against Owner or any guarantor or any other person or entity or proceed against any other eoIlateral or property prior to judicial or nonjudicial (trustee's safe) foreclosure of the first Deed of Trust. Lender my, without notice to or the consent of Subordinator, (i) enter into any extension, modification, amendment, renewal, replacement of the Furst Deed of Trust or any other docurnent or agreement evidencing or securing the Loan, (ii) release any or all partes liable. for any obligations or indebtedness secured by the First Deed of Trust, and (iii) release all or any of the security for the obligations or indebtedness secured by the Fust Deed of Trust. Subordmator agrees to promptly execute and deliver to Lender from time to time all such documents and agreements as Lender may require to confirm the subordination of the Subordinate Deed of Trust. (e) Subordinator waives (i) the benefit of suretyship claims and defenses generally, (ii) any right to require marshalling of assets or to xegwre Lender to proceed against or exhaust any specific security for the obligations secured by the First Deed of Trust, and (iii) any defense to any exercise of Lender's rights hereunder or under the First Deed of Tmst or the other documents and agreements evidencing and securing the Loan arising out of the loss or impairment of any right of subrogation to the First Deed of Trost or to any other document or agreement evidencing or securing the Loan (f) in the event of a casualty to the Project or a condemnation or taking under a power of eminent domain of all or any portion of the Protect, the buildings or tmprovements thereon, or a threat of such condemnation or taking, all payments and /3401793 07729/04 •3- SUBGRD riASe1 AeasssA xoM7c,airiV E=Har,tROCK xtaiu aNMA AND D 20040928001366.004 settlement of insurance claims and condemnation awards shall be paid first to Lender to be used or applied as provided in the First Deed of Trust, and then to Subordinator to be used or applied as provided in the Subordinate Deed of Trust (g) Subordinator represents to Lender that Subordinator (i) is adequately informed of the financial condition of Owner and of Owner's pians and resources for development and operation of the Project; (ii) has not rehed upon any financial or other information about Owner or the Project furnished by Lender, if any, and (iii) does not expect Lender to provide acid waives any duty on the part of Lender to provide such information in the future including, without [imitation, adverse information about the Owner or the Project, if any, which Lender may possess or acquire and which may not be available to Subordinator. (h) Prior to the execution of this Agreement, Subordinator has had the opportunity to exainine the terms of the First Deed of Trust and the other documents, instruments and agreements evidencing and securing the Loan, all of which Subordinator consents to and approves Subordmator acknowledges that Lender has no obligation to Subordinator to advance any funds under the Fust Deed of Trust or to see to the proper use and application of the funds so advanced Subordinator understands that construction loans can involve substantial risks for junior lien holders and agrees that Lender is not a trustee or fiduciary for Subordinator and undertakes no duty, obligation responsibility or special relationship to Subordinator to see to proper use and application of the Loan or otherwise to protect and not act adversely to Subordinator's interests, Any application or use of the Loan for purposes othei than those provided for in the Fitst Deed of Trust and the other documents instruments and agreements evldemeing and securing the Loan shall nor defeat, limit or impair this subordination in whole or in part Partial Releases (a) Subordinator acknowledges the primary purpose of the Loan is to finance a portion of the costs of making certain improvements to the Project described generally as a plat consisting of finished building lots (each a Mot") for the construction of single family homes, with associated amenities, streets, utilities, retention ponds and greenbelts Until the Loan is paid in full and the Project is released from the lien 'of the Senior Deed of Trust (and any other security interest of Subordinator in the Project), Subordinator will from time to time cause the lien created under the Subordinate Deed of Trust to be promptly released and reconveyed from individual Lots upon the closing of the sale thereof. Subordunatoes obligation to release the Subordutate Deed of Trust (and any other security interest of Subordinator in the Project) upon the sale of any Lot shall not be affected by any default under the First Deed of Trust or the Subordinate Deed of Trust (b) Prior to the occurrence of a default or an event of default under the First Deed of Trust, Subordinator shall be paid from the net sale proceeds from the sale of any such Lot, after payment of all costs and expenses of such sale and the payment to Lender of any amount then required under the Semor Loan Documents for release and reconveyance of the Seruor Deed of Trust from such Lot, the amount of any payments then due and payable to Subordinator pursuant to the Subordinate Deed of Trust; provided, however, Subordinawr agrees to release Lots from the lien created under the Subordinate Deed of Trust (and any other security interest of Subordinator in the Project) even if the net sale proceeds available for payment to Subordinator is less than the amount required under the Subordinate Deed of Trust or if Subordinate Lender receives no payments or paydown whatsoever from such sale (c) Subordinator aelmowledges that Lender would not make the loan to Owner without the agreements of Subordinator set forth In this Section 6 and that this Suction 6 shall be specifically enforceable by Lender. Subordhistor agrees to execute and deliver requests for partial reconveyance (and such other documents or instruments as Leader or any escrow agent or title company may request) for the release of Lots from the lien created under the Subordinate heed of Trust (and any other security interest of Subordinator in the Project) in accordance with this Section 6 within five (5) 1399'743 07n9M 4. SVeoiuD BASSI A9ASMBA ROMb\OAMW5571SHAMROCKHIGHLANDS•A AND D 20040528001366.005 business days after written request from Owner, Lender or any escrow agent for the sale of any such Lot. 7. Cross Default Any breach or default of Subordinator's duties and obligations under this Agreement or any claim or assertion by or on behalf of Subordmator that the Subordinate Deed of Trust is of equal or greater priority to the Fust Deal of '[Must shall, at Lender's option, constitute an event of default under the First Deed of Trust and the other documents and agreements evidencing and securing the Loan Any breach or defauh of the duties and obligations secured by the Subordinate Deed of Trust shall, at Lender's option, constitute an event of default under the First Deed of Trust and the other documents and agreements evidencing and securing the Loan. 8 Consent by US_ Bank By exeoutaig this Agreement in the space below, US Bank hereby consents to the subordination of the Subordinate Deed of Trust to the First Deed of Trust on the terms and conditions of tins Agreement, and US Bank joins in this Agreement solely for such purpose. 9. Miscellaneous. (a) This Agreement shall be governed and construed in accordance with the laws of the State of Washington Wherever possible, each provision of this Agreement shall be interpreted m such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. (b) In any action or proceeding to construe or enforce this Agreement, the prevailing party shall recover its costs and reasonable attorneys' fees including those incurred in any trial or arbitration proceeding, in arty bankruptcy, Insolvency or receivership proceeding, and in any appeal therefr aL (c) This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof; replaces all prior and contemporaneous oral agreements and understanding, and way be modified only by a writing signed by all parties hereto. (d) This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors, assigns and participants IN WITNESS WHEREOF, the parties have made this Agreement to be effective as of the day and year first set forth above ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. LENDER: BANK OF AMERICA, N.A. By Title Mire- �/rpt t MI [signatures continued on next pagel L39M793 0711910-0 -5- $UBQ iD HASEI AUSSSBAHOM!?.1CAiotwE,4' KAMROCKEIGHLANDS-AAND a 20040928001366.006 SUBORDINATOR: BASE CAPITAL, L.L.C., a Washington limited liabihty company B H. Thomas Wick, Maunagmg Momber OWNER, SHAMRO CK BIGHLANDS, LLC, a Washington Iimited liakhty company By C=W est Development, Inc., a Washington corporadlon, Managing Membar By Loll, L (Fo US BANK: U.S. BANK NATIONAL ASSOCIATION B Title - eQjt rc 13901743 07a"4 S SUBOPWRASE t ABASMA HOME CAMWESTLSHAMAOCK HIGHLANDS -A ANDD 20040928001366.007 STATE OF WASHINGTON } } ss COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person aanowledge-d that helshe signed this mstrument, on oath stated that he/she was authorized to. execute the instr ent and acknowledge it as the str,tof 0(tt Qr15?AL4 of BANK OF AMERICA, N.A. to be the the and voluntary act of such party for the uses andpvsposes mentioned m the instrument, Dated: I - X1.64 Natoo Printed•_..k146 ts* Z,_Zlp %3L". Notary Public m and for the State of Washington, residing at WoxWMA My appointment cxpires U -V . 11, ft05 1390V93 Q7Wk4 7- SUBOAD BASEL AOASSMAHOMMAMWEMKAMRCKX HIGHLANDS -A AND D 20U4U92UUU1366.000 STATE OF WASHINGTON ) ) ss COUNTYO> ) On tins _TrL day of 2004, before me, the undersigned, a Notary Public in and for the State of Was ' n, duly oommissioned and sworn personalty appeared H. Thomas Wick, known to me to be the Managing Member of SASE CAPITAL, L.L„C., a Washington limited liability company, the limited liabt jty company that executed the foregoing rnstrament, and acknowledged the said Instrument to be the free and voluntary act and deed of sand limited liability company, fox the purposes therein 7neznhoned, and on oath stated that he/she was authorized to execute said instrument 1 certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true si gnature appears on this document WITNESS my hand and official sea] hereto acted the day and year in the certificate above written i boas lox Ad Aw". lies #fu�K07�gy PrinCN&me NOTARY PUBLIC its and for the State of ::,� Washington, residing at ;tidos My cotnmission expires. r YFAS�1 WM793 07/29!04 -& $UBORI)EASEI ABASSUA HOMO CAMWES MHAMROCK HIOHL"S.A AND D 1VU4v=tiUU1 sb4.UUv STATE OF WASHINGTON ) } ss COUNTY OF ) On this 'r.4 day of 2004, before me, the undersigned, a Notary Pub to a ci the State of Washington, duly caWasioned and swom personally appeared i known to me to be the Rpcii& ti of C,amWest Development, Inc., a Waslungton caporabon, the Managing Member of SHAMROCK HIGHLANDS, LLC, a Washjngton hnuted llabdO company, the limited haN ity company that executed the foregoing u AAment, and acknowledged the said instrument to be the free and voluntary act and deed of seed limited Imbility company, for the purposes therein mentioned, and on oath stated that he was authorized to execute said wsm m=t I ce&* that I know or have satisfactory evidence that the person appearing before me and making ihes acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year m the certificate above written. ,`ttttriulUryri�, [�ij�/ ��f� Sl k PR :*e _ A 2005 FrmtName NOTARY PUBLIC In and for the State of fir; Washington, residing at �_ •�;,�' M)r commission expires±} IaH%793 09f2M A- SITBORDBASEI ADASSIMA HOMECAMWES'[15HAMROCK HMOULANDS-A AND D YUU4VVZ*VVIJ043.vIV STATE OF WASHINGTON ss COUNTYOF ) 1 certify that I know or have satisfactory evidence is the person who appeared before me, and sard person aclmo 4, that helshe signed this instrumeut, on oath stated that he/At was authonzed to execute the instrument and acknowledge it as the of U.S. BANK NATIONAL ASSOCIATION to be the free and voluntary act of such party for the uses and purposes mentioned In the Instrument. Notary Pubila in and for Washrngton, residing av My appointnnent expires L39ON793 07M/U4 to. SUBDRD GASEI ABASSMA R0MEVCAMWMT%SHAMR0CK MOlilMM-A AND D YUU4UWY0UU'l saa.0 I I EXHIBIT A LEGAL DESCRIPTION PARCEL A: THE EAST 112 OF THE SOUTHWEST.' 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M ; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF, AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E. 120' STREET BY DBED RECORDED UNDER KING COUNTY RECORDING NOS 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL 13: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M.; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING N0.5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL C: THE NORTH 112 QF THE NORTH 112 OF THE SOUTH 1/2 OF THE NORTH 112 OF THE EAST 112 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 260 FEET THEREOF, TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET, EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S E, RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL D; THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTH lit OF THE NORTH 1/2 OF THE EAST I/2 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT COUNTY ROAD, SITUATE IN TETE COUNTY OF KING, STATE OF WASHINGTON. 1390%793 0729!04 R 1• SUEOAD HASEI MAMMA jjom5CWW@MHAMR4XxHIGHL.ANDS RAND 0 'li]u4VyMMI 4ti4.u'lz PARCEL E: THE WEST 794 FEET OF THE SOUTH 112 OF THE SOUTR 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M,, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO.690MO351 PARCEL F: THE SOUTH 112 OF THE SOUTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.IA, AND EXCEPT THE WEST 794 FEET THEREOF, AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON. PARCEL, G: THE NORTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M , EXCEPT THE NORTH 168.05 FEET OF THE EAST 30215 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF 11OR 148TH AVENUE S E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: THE NORTH 165,05 FEET OF THE EAST 302,15 FEET OF THE NORTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M, EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATS OF WASI-IINGTON. PARCEL I: THAT PORTION OF THE SOUTH 112 OF THE NORTHWEST 114 OF THE SOUTHEAST 114 OF THE SOU'II3EAST 114 OF SECTION 10, TOWNSHIP 25 NORTH, RANGE 5 EAST W M, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 112., THENCE NORTH 88°20'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 1/2, 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88o-20'44" WEST, 216 94 FEET; THENCE SOUTH 00015'25" WEST PARALLEL WITH THE EAST LINE OF SAID SOUT14112, 329 36 FEET TO THE SOUTH LINE THEREOF, THENCE SOUTH 88°20'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH 112, 266.94 FEET TO THE SOUTHEAST CORNER THEREOF, 1396179'!VON .12- SMORDBASEL pgASSOBA }MECAF [W FSTZRAMROCK}IIOHLAND&A ANDD 7UV4VJ27JUIJl4".V io THENCE NORTH 000 15'25" EAST ALONG THE EAST LINE OF SAID SOUTH 1/2, 313 35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER, THENCE NORTH 9$020'44" WEST PARALLEL WITH THENORT14 LINE. OF SAID SOUTH 112, 50 FEET; THENCE NORTH 000 15'25" EAST PARALLEL WITH THE EAST TINE OF SAID SOUTH 112,16 F13ET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON PARCEL J: THE SOUTH 1/2 OF THE NORTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M; EXCEPT THE NORTH 132 FEET THEREOF; AND EXCEPT THE EAST 286 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, PARCEL IC: THE NORTH 16 FEET OF THE SOUTH U2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M., EXCEPT THAT PORTION THEREOF FOR 148TR AVENUE S E. RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL L.- THE :THE NORTH 16 FEET OF THE EAST 50 FEET OF TIM SOUTH A OF THE NORTHWEST 'l OF THE SOUTHEAST 1/4 OF THE SOUTHEAST V4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W,M, SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON 1340 m 07/29M •13- SUBORO BASEL ASASSE\BA HOMMCAMWES71514AMROCK HICHLAMS-AANU 6 2004092a00lJbb.Vl4 AA . STATE OF WASHINGTON) .County of King, The Director of Records & Elections. King Counry. State of Washington and exofficio Rcconlet of Deeds and other instruments. da herehy certify the foregoing copy has been compared with the original instrument as the. same appears an lite and of retard in tha c:'scc. and that the same is a true and prrfct:t transcript of said urigina! and ol'thr wholes thrrror Witnessd h I seal chi _day of ft%EP Director of Records & Eteefiow BY C � I Detxu+r 20031212002038.001 WHEN RECORDED RETURN TO: BANK OF AMERICA -HOME BUILDER DIVISION WA3-5D4-04-01 10500 N.E. im STREET, SUITE 440 BELLEVUE,'WA 98004 ATTN: LOAN ADMINISTRATION Document Title: 1. DEED OF TRUST 2. SECURITY AGREEMENT 3. FIXTURE FILING (in accordance with the Washington UCC) Grantor: Shamrock Highlands, LLC Grantee: Bank of America, N.A. IL Legal Description: Abbreviated Legal Description: Ptn of E 1/2 of SE V. of Section 10, Township 23N, Range 5E WM Full Legal Description: Sec x ib t attached Assessor's Tax Parcel Nos.: 1023059040, 1023059304, 1023059319, 1023059022, 1023059415,1023059174,1023059031,1023059191,1023059384,1023059030, 1023059042 Reference Nos. of Documents Released or Assigned: Not Applicable LoaDNo.:4nlS 1Z_) Tale Co & No.: LandAm nca, O,dt[ No CS•20015393•723 MED FOR RECORD AT THE REDDEST OF C40 ZOO/ �53`73'D TFASNATION TITLE INSURANCE M NOTICE TO RECORDER: THIS DOCUMENT SERVES AS A FIXTURE FILING UNDER THE WASHINGTON UNIFORM COMMERCIAL CODE. This Financing Statement covers goods described herein by item or type some or all of which are affixed or are to be affixed to the real property described in Exhibit A to this document. For purposes of this fixture Filing the Debtor and the Secured Party and their respective addresses are: Debtor: Shamrock Highlands, LLC c/o CamWest Development, Inc. 9720 NE 1210 Place, Suite 100 Kirkland, WA 98034 Secured Party: Bank of America, N.A. REBG - Homt Builder Division WA3-504-0401 10500 N.E. 8th Street, Suite 400 Bellevue, WA 98004 Debtor's Organizational Identification No.: 602 15D 596 DEED OF TRUST, SECURITY AGREEMENT and FIXTURE FILING (Washington) THIS DEED OF TRUST, SECURITY AGREEMENT AND FIXTURE FILING ("Deed of Trust") is shade as of December 1, 2003, by SHAMROCK HIGHLANDS, LLC, a Washington limited liability company ("Grantor"), whose address is clo CamWest Development, Inc., 9720 NE 120d'Place, Suite 100, Kirkland, WA 98034; in trust to PRLAP, INC„ a Washington corporation ("Trustee"), whose address is P.O. Box 515351, Los Angeles, CA 90051-6651, for the benefit of BANK OF AMERICA, N.A. ("Beneficiary"), 139017591126/09 -1- DOT ABASK%A HOMEICAMWEST&jAMROCK HIGHLANDS 20031212002038.002 whose address is Home Builder Division, WA3-504-04-01, 10500 N.E. 8th Street, Suite 400, Bellevue, WA 98004, Attention: Loan Administration, FOR VALUABLE CONSIDERATION, Grantor covenants and agrees for the benefit of Beneficiary: L CONVEYANCE - GRANT OF SECURITY INTEREST. As security for payment and performance of the Secured Obligations, Grantor irrevocably grants, bargains, sells and conveys to Trustee, in trust, with power of sale, and with right of entry and possession, for the benefit of Beneficiary, and assigns and grants to Beneficiary a security interest in, all of Grantor's right, title and interest, now owned or hereafter acquired, in and to the following (the "Property"). (a) The real property described in Exhibit A attached to this Deed of Trust, together with all buildings, structures and other improvements now or in the future located or to be constructed thereon, and all tenements, hereditaments, appurtenances, privileges and other rights and interests now or in the future benefiting or otherwise relating thereto including, without limitation, easements, licenses, rights-of-way, development rights, oil and gas rights, royalties, minerals and mineral rights, irrigation, well, ditch, reservoir and water rights, permits and stock, and the right to construct, use, connect to or have the benefit and enjoyment of any offsite improvement or utility (colleclively, the "Project"); (6) All rents, issues, income, revenues, royalties and profits now or in the future payable with respect to or otherwise derived from the Project or the ownership, use, management, operation, leasing or occupancy of the Project including, without limitation, those past due and unpaid; (c) All present and future right, title and interest of Grantor in and to all inventory, equipment, materials, supplies, fixtures and other goods and property of every kind, type and description now or in the future located at, upon or about, or affixed or attached to or installed in the Project, or used or to be used in connection with or otherwise relating to the Project or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing or occupancy of the Project wherever such property may be actually located including, without limitation, building materials and supplies, tools and equipment, machinery, furnaces, water tanks, ventilating and air conditioning equipment, furniture, furnishings, appliances, and all other types of tangible personal property and fixtures of any kind or nature, and all accessories, additions, attachments, parts, replacements, substitutions, products and proceeds of or to any such property; (d) All present and future right, title and interest of Grantor in and to all accounts and proceeds (whether cash or non-cash and including payment intangibles), general intangibles, chattel paper, money, deposit accounts, loan disbursement accounts, accounts receivable, instruments, documents, letter of credit rights and all other agreements, contract rights, obligations, rights, claims, causes of action and written materials now or in the future relating to or otherwise arising in connection with or derived from the Project or the ownership, use, development, construction, maintenance, management, operation, marketing, leasing, occupancy, sale or financing of the Project including, without limitation, (i) studies, reports, maps, diagrams, surveys, plats, design and consulting work, and land use permit applications, filings and supporting information, (ii) permits, approvals and other governmental and non-governmental consents, licenses and authorizations, (iii) improvement plans and specifications and architectural drawings, (iv) agreements with contractors, subcontractors, suppliers, project managers and supervisors, designers, architects, engineers, sales agents, leasing agents, consultants and property managers, (v) takeout, refinancing, standby and permanent loan commitments, (vi) warranties, guaranties, indemnities and insurance policies, insurance payments and unearned insurance premiums, (vii) claims, demands, awards, settlements and other payments arising or resulting from or otherwise relating to any insurance or any loss or destruction of, or injury or damage to, trespass on or taking, condemnation (or conveyance in lieu of condemnation) or public use of any of the Project, (viii) Grantues funds or any other amounts deposited by or on behalf WM759 11/26M -2- WT ABASSMAHOMECAMWESM AMROCKHICHLAMS 20031212002038.003 of Grantor with Beneficiary or with another in connection with the making of on-site or off- site Project related improvements, (ix) leases, rental agreements, license agreements, service and maintenance agreements, listing agreements, signs, telecommunication numbers, purchase and sale agreements and purchase options, together with advance payments, earnest money, security deposits, and other amounts paid to or deposited with Grantor under such agreements, (x) reserves, deposits, bonds, surety bonds, payment and performance bonds, letters of credik deferred payments, latecomer payments, refunds, rebates, discounts, cost savings, escrow proceeds, sale proceeds and all other rights to the payment of money, trade names, trademarks, service marks, logos, goodwill and all other type of intangible personal property of any kind or nature, and (xi) all supplements, modifications, amendments, renewals, restatements, extensions, proceeds, repairs, replacements and substitutions of such property; and (e) All books and records pertaining to the Property including, without limitation, all computer readable memory and any computer hardware or software necessary to access and process such memory. Grantor represents and warrants to the Beneficiary that THE REAL PROPERTY CONVEYED BY THIS DEED OF TRUST IS NOT USED PRINCIPALLY FOR AGRICULTURAL PURPOSES. 2. SECURITY AGREEMENT; FIXTURE FILING, This Deed of Trust also constitutes (a) a common law assignment for security and a security agreement under the Washington Uniform Commercial Code assigning and granting to Beneficiary a security interest in all or any of the Property now or hereafter constituting personal property or fixtures, and in any personal property, tangible or intangible, described in any UGC Financing Statement filed in connection with this Deed of Trust or the Secured Obligations, including products and proceeds thereof and all supporting obligations ancillary thereto, and (b) a financing statement filed for record in the real estate records as a fixture filing pursuant to the Uniform Commercial Code of the State of Washington and covering items of property which are or are to become fixtures with respect to the Property. Grantor authorizes Beneficiary at any time and from time to time to file any initial financing statements, amendments thereto and continuation statements with or without the signature of Grantor as authorized by applicable law, as applicable to the Property, and ratifies any such filings by Beneficiary made prior to the date of this Deed of Trust. For purposes of such filings, Grantor agrees to furnish any information requested by Beneficiary promptly upon request by Beneficiary. 3. SECURED OBLIGATIONS The following obligations (the "Secured Obligations") are secured by this Deed of Trust. (a) Payment of the sum of Two Million Nine Hundred Five Thousand and 001100 Dollars (52,905,000.00) with interest thereon according to the terms of a promissory note of even date herewith, payable to Beneficiary or order and made by Grantor, including all renewals, amendments, modifications, restatements and extensions thereof (the "Note"). THE NOTE MAY CONTAIN PROVISIONS ALLOWING FOR THE INTEREST RATE TO BE INDEXED, ADJUSTED, RENEWED, OR RENEGOTIATED. BY THIS REFERENCE THE NOTE IS INCORPORATED IN AND MADE A PART OF THIS DEED OF TRUST AS THOUGH SET FORTH IN FULL If the Note evidences a revolving line of credit by Beneficiary to Grantor, then it is the express intent of Grantor and Beneficiary that this Deed of Trust and the estate held by the Trustee hereunder shall continue in effect notwithstanding that from time to time no Secured Obligations may exist, and shall survive as security for all new or additional Secured Obligations from time -to -time arising; (b) Payment of such further sums as may now or hereafter be advanced or loaned by Beneficiary to Grantor or any of its successors and assigns, and payment and performance of every other present and future obligation owing by Grantor to Beneficiary of any kind, and all renewals, modifications, restatements and extensions thereof, including any interest, fees, costs, service charges, indemnifications and expenses connected with such 17901754 1126103 3 DOT ABASSEIBA HONW CAM WESTSHAM ROM HIGHLANDS LUUJI LI LVU6UJ0.VV9 obligations, if (i) the promissory note or other written document evidencing the future advance: or loan or other obligation specifically states it is secured by this Deed of Trust, or (i i) the advance, loan or other obligation is made or incurred pursuant to the Note, this Deed of Trust or any other document, instrument or agreement evidencing, securing or relating to the loan evidenced by the Note (the "Loan"), whether executed prior to, contemporaneously with, or subsequent to this Deed of Trust (all such documents, including, without limitation, any loan commitments and any construction or other loan agreement, and all renewals, amendments, modifications, restatements or extensions thereof, are collectively referred to as the "Loan Documents"), together with interest thereon at the rate set forth in the Note, unless otherwise specified in the Loan Documents or agreed in writing; (c) Performance of each agreement, term and condition contained in this Deed of Trust or set forth or incorporated by reference in the Loan Documents including, without limitation, any provisions relating to Loan funds set-aside for the benefit of third parties, as evidenced by a set-aside agreement between Grantor and Beneficiary; and (d) Payment and performance of the obligations of Grantor to Beneficiary under any one or more interest rate swap transactions, forward rate transactions, interest rate cap, floor or collar transactions, swaptions, bond and bond price swaps, options or forwards, treasury locks, any similar transaction, any option to enter into any of the foregoing and any combination of the foregoing, with Beneficiary, whether now existing or hereafter entered into including, without limitation any master agreement relating to or governing any or all of the foregoing and any related schedules and confirmations, and in which this Deed of Trust is expressly referenced as a credit support document (each, a "Swap Contract"). As used in this Deed of Trust, the term "Loan Documents" includes each Swap Contract secured by this Deed of Trust. The Secured obligations shall alt include the obligations of Grantor (or any other person or entity) under any Environmental Inderrmty Agreement at any time executed by Grantor (or any other person or entity) in connection with the Loan. The right is reserved to the Beneficiary, without actual notice to or the consent of Grantor, to amend this Deed of Trust to delete from the security of this Deed of Trust any one or more of the Secured Obligations, provided, that the original or a Beneficiary certified copy of such amendment is recorded in the County where the Project is located on or prior to the date the Trustee concludes a sale of the Property under applicable law. 4 AFFIRMATIVE COVENANTS. Grantor shall, unless waived in writing by Beneficiary: (a) Maintain and preserve the Property in good condition and repair, and not commit or permit any waste thereof; with diligence obtain all required permits and approvals and construct and complete, in a good an workmanlike manner free of defective materials or workmanship and in accordance with the plan and Project budget approved by Beneficiary, the on-site and any off-site improvements to be constructed as part of the Project; restore any improvements which may be damaged or destroyed, maintain the Property free and clear of all liens and encumbrances other than the encumbrance of this Deed of Trust, any lien specifically approved by Beneficiary in writing, and any lien for taxes or assessments not delinquent, not purchase or contract for any materials, equipment, furnishings, fixtures or personal property that the seller has the right to remove; and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights and powers of Beneficiary or Trustee; (b) Comply with all laws, ordinances, regulations, covenants, conditions and restrictions affecting the Property; (c) Pay and perform promptly all Secured Obligations; all taxes, assessments and governmental liens or charges levied against the Property: and all claims for labor, materials, supplies or otherwise which, if unpaid, might become a lien or charge upon the Property; 11901759 [W&W 4- DOT ABASSEIBA NQMMAMWESWFIAMROCK HIGHLANDS LVV.71 r ILVULV..IU.UUU (d) Keep all on-site and any off-site Project improvements and all Project related inventory, equipment, materials and supplies continuously insured, with premiums prepaid, against all risks, casualties and losses through standard fire and extended coverage insurance or otherwise, including, without limitation, insurance against fire, theft, casualty, vandalism and any other risk Beneficiary may reasonably request. During construction on the Project, such policies shall be in "Builders Risk" form. The insurance policies shall be in an aggregate amount of not less than the full replacement cost of said improvements and other property, including the cost of demolition and removal of debris, and shall name Beneficiary as loss payee under a lender loss payable endorsement in form satisfactory to Beneficiary. The amounts collected under the insurance policies may be applied to the Secured Obligations in any manner as Beneficiary determines, and such application shall not cause discontinuance of any proceeding to foreclose upon this Deed of Trust. In the event of foreclosure, all of Grantor's rights in the insurance policies shall pass to the purchaser at the foreclosure sale. Furthermore, Grantor shall (i) obtain flood insurance if the Project is located in a designated flood hazard area (as determined by Beneficiary, with such determination to be made at Grantor's expense); and (ii) maintain commercial general liability insurance insuring against liability from risks associated with the use, ownership, construction and operation of the Project, with coverage limits approved by Beneficiary. All insurance policies required hereunder shall be subject to Beneficiary's approval and obtained from financially reputable insurers acceptable to Beneficiary. All deductibles shall be in amounts acceptable to Beneficiary; (e) Pay, reimburse and indemnify Beneficiary for all of Beneficiary's costs and expenses incurred in connection with the enforcement of Beneficiary's rights and Grantor's obligations under this Deed of Trust, foreclosing upon this Deed of Trust, defending any action or proceeding purporting to affect the rights or duties of Beneficiary or Trustee under this Deed of Trust, or managing the Property and collecting the rents from the Property, including, without limitation, all reasonable attorneys' fees and the value of the services of staff counsel (including on appeal or otherwise), collection costs, costs of title search, and trustee's and receiver's fees; and (f) Not permit or allow any one to four family residential dwelling or condominium unit encumbered by this Deed of Trust to be occupied prior to closing the sale of that dwelling/condominium unit to an owner occupant and payment to Beneficiary of the amount required to obtain a reconveyance of this Deed of Trust with respect to that dwelling/condominium unit 5. INSPECTION OF COLLATERAL. Beneficiary and/or its agents or representatives may at reasonable times enter upon and inspect the Project including, without limitation, inspecting work in progress, and the making of tests and the taking of samples If Beneficiary and/or its agents or representatives believes it has a duty or obligation to disclose any report or findings made as a result of or in connection with any inspection of the Project, then Beneficiary and/or its agents or representatives may make such disclosure. In the event of a default Beneficiary may obtain a current regulatory conforming appraisal of the Project. In additon, Beneficiary may commission appraisals when required by laws and regulations which govern Beneficiary's lending practices The cost of all such appraisals (and related internal review fees and costs) will be paid by Grantor within fifteen (15) days after request by Beneficiary. 6. PROTECTION OF BENEFICIARY'S INTEREST. If Grantor fails to pay any amounts which may become a lien on the Property, or fails to maintain adequate insurance on the Property as required by Section 4(d) above, Beneficiary may at its sole option pay such obligations andlor obtain such insurance and all costs and expenses so incurred by Beneficiary shall be added to the Secured Obligations and payable by Grantor on demand together with interest at the default rate in the Note. 7. DEFAULT. Time is the essence of Grantor's obligations urider this Deed of Trust and the other Loan Documents The following events shall, at Beneficiary's option, and at any time without regard to any previous knowledge on Beneficiary's part, constitute a default under this Heed of Trust, and the other Loan Documents - 13900 59 ocuments• 1790059 I M6103 5• DOT ABASSE'SA HOMEWAMWESRSHAMROCK HIGHLANDS LVVJ IL ILVW'W. V. W - (a) Construction of any on-site or off-site Project improvements is abandoned or discontinued for fifteen (15) consecutive days or more, or Beneficiary determines that the work is not being performed in accordance with the plans, specifications or project budget approved by Beneficiary, or a stop work order is issued on all or any portion of the Project and the order is not dismissed within ten (10) days after the date the order is issued, (b) Any payment is not made when due under the Note, this Deed of Trust or any other Loan Document, (c) There is a default under, a breach of, or failure to perform any other covenant, agraemcnt or obligation to be performed under this Deed of Trust or any other Loan Document or under any guaranty of all or any part of the Secured Obligations; (d) Any representation or warranty contained in this Deed of Trust or any other Loan Document, or any financial or other information furnished to Beneficiary in connection with the Loan, proves to be false or misleading in any material respect; (e) Grantor defaults under any contract or other agreement relating to the Property, and such default is not cured within the applicable cure period, if any; (f) Grantor is in default with respect to any other loan from Beneficiary to Grantor, (g) An event occurs which gives Beneficiary the right or option to terminate any Swap Contract; (h) Grantor, or any guarantor of the Loan fails to pay his, her or its debts generally as they become due, or files a petition or action for relief under any bankruptcy, reorganization or insolvency laws or makes an assignment for the benefit of creditors, or (I) An involuntary petition is filed against Grantor or any guarantor of the Loan under any bankruptcy, reorganization or other insolvency laws, or a custodian, receiver or trustee is appointed to take, possession, custody or control of the Property or any other properties or assets of Grantor or of any guarantor of the Loan, and such petition or appointment is not set aside, withdrawn or dismissed within thirty (30) days from the date of filing or appointment S. REMEDIES. If any default occurs and is continuing, and subject to any applicable notice and cure period provided for in the Note or any other Loan Document, Beneficiary may, at its option: (a) Declare any or all of the Secured Obligations, together with all accrued interest, to be immediately due and payable without presentment, demand, protest or notice of any kind, all of which are expressly waived by Grantor; (b) Pay such sums as may be necessary to obtain a current appraisal of the Project, to inspect and test the Project and/or other Property, to pay any tax, assessment, insurance premium, lien, encumbrance or other charge against the Property, to obtain a title report and/or Trustee's Sale Guaranty, all such expenditures to be paid for by Grantor on demand and added to the Secured Obligations, and (c) Exercise its rights and remedies under this Deed of Trust, the other Loan Documents, and applicable law including, without limitation, foreclosure of this Deed of Trust judicially as a mortgage or non judicially pursuant to the power of sale. In any judicial or non judicial foreclosure of this Deed of Trust, the Property may be sold separately or as a whole at the option of Beneficiary, and in the event of a trustee's We of the Property pursuant to the power of sale granted herein Beneficiary hereby assigns its security interest in the personal property collateral to the Trustee. Beneficiary may also realize on the personal property collateral in accordance with the remedies available to secured parties under the Uniform Commercial Code or at law, Grantor and the holder of 139M759IMM DOT ABASSUA H0ME\CAMWMS1LAMK0CK HWFLANDS 4W464 I LVVLV171J.VV? any subordinate lien or security interest with actual or constructive notice hereof waive any equitable, statutory or other right to require marshalling of assets or to direct the order in which any of the Property will be sold. Beneficiary's failure to exercise or enforce any of its rights or remedies in the event of a default shall not constitute a waiver or cure of the default, or of any subsequent default, or of its rights and remedies with respect to such default In the event of default under this Deed of Trust or the other Loan Documents, and whether or not suit is filed or any proceedings are commenced, all of Beneficiary's costs and expenses incurred in connection therewith including, without limitation, Trustee's and attorneys' fees (including attorneys' fees for any appeal, bankruptcy proceeding or any other proceeding), accountants' fees, appraisal and internal appraisal review fees, inspection fees (including inspections for hazardous substances, asbestos containing materials, and compliance with building and land use codes and regulations), engineering fees, and expert witness fees and costs of tale reports shall be added to and be a part of the Secured Obligations and shall be payable by Grantor on demand together with interest on such sums at the default rate in the Note. 9. ENTRY. Upon the occurrence of an event of default, and if Grantor has not cured the default within any applicable notice and cure period, then Beneficiary shall have the right but not the obligation, in person or through a third party designated by Beneficiary, or by a court appointed receiver, to enter, take possession of, and manage or operate all or any part of the Project and the Property, and to perform or cause to be performed all work and labor necessary to complete construction of the Project All sums expended by Beneficiary in doing so shall be deemed to have been advanced under the Note and together with interest at the default rate under the Note shall be secured by this Deed of Trust and any other collateral for the Loan Any funds disbursed by Beneficiary in excess of the maximum principal amount of the Note will be considered an additional advance on the Loan to Grantor bearing interest at the default rate under the Note, and will be secured by this Deed of Trust and any other collateral for the Loan. Beneficiary, by electing to complete a Project will not be deemed to have assumed any liability to Grantor or any other person or entity for completing the Project or for the manner or quality of construction of the Project, and Grantor hereby expressly waives any such liability on behalf of Beneficiary, Grantor hereby designates, constitutes and appoints Beneficiary as its true and lawful attomey-in-fact with full power of substitution to complete the Project in the name of Grantor and to (a) use any undisbursed Loan proceeds or funds of Grantor held by Beneficiary for the purpose of completing the Project, (b) make such additions, changes and alterations to the Project, the plans and specifications for the Project, and to the Project budget as Beneficiary deems desirable, (c) employ contractors, subcontractors, architects, surveyors, engineers and other persons as may be required for such purposes; (d) to collect and receive any payment of money owing to Grantor and to pay, settle or compromise all existing bills and claims which may be liens against the Project, any of the Property or as may be necessary or desirable for the completion of the Project or for clearance of title; and (e) do any and all things which Grantor might do on its own behalf in order to complete the Project free and clear of all liens and encumbrances and in accordance with all governmental and other requirements applicable to the Project The power of attorney granted pursuant to this paragraph shall be deemed a power coupled with an interest and irrevocable. Beneficiary, in the exercise of this power, shall not be deemed a trustee or fiduciary of Grantor and Beneficiary is authorized to take all such actions as Beneficiary in its sole determination may consider necessary or desirable to protect the security of this Deed of Trust. Grantor shall, within five (5) days following written demand from Beneficiary, surrender and deliver to Beneficiary the originals of all books and records, all plans and specifications, all permits, licenses and approvals, and all agreements with suppliers and contractors for the Project, and shall grant Beneficiary and it agents and contractors unrestricted possession of and access to and control over the Project. Grantor further agrees that any failure on its part to do so shall entitle Beneficiary, without further notice to Grantor, to make ex -parte application to a court of general jurisdiction in the county where the Project is located for immediate issuance of an order, without bond, granting specific performance of Beneficiary's rights under this paragraph and/or for appointment of a receiver to take possession and control of the Property and the Project. Beneficiary's attorneys' fees, costs and expenses to obtain the 134017591 (26103 -7- DOT ABASSCIBA HOMECAMWESDSHAMROCK WGRLANDS 'lUUJI'll LUusUJo.Voo court order, and any payment or reimbursement by Beneficiary of a receiver's costs, expenses and attorneys' fees (including on appeal or otherwise), shall be deemed an additional advance to Grantor under the Note as provided above in this paragraph. All sums expended by Beneficiary shall be repayable by Grantor on demand together with interest at the default rate in the Note 10. APPOINTMENT OF RECEIVER. In the event of a default, Grantor consents to, and Beneficiary, to the fullest extent permitted by applicable law, shall be entitled, without notice, bond or regard to the adequacy of the Property, to the appointment of a receiver for the Property. The receiver shall have, in addition to all the rights and powers customarily given to and exercised by a receiver, all the rights and powers granted to Beneficiary by the Loan Documents. The receiver shall be entitled to receive a reasonable fee for management of the Property. If Grantor is an occupant of the Property, Beneficiary has the right to require Grantor to pay rent at fair market rates and the right to remove Grantor from Property if Grantor fails to pay rent. 11. CUMULATIVE REMEDIES. To the fullest extent allowed by law, all of Beneficiary's and Trustee's rights and remedies specified in this Deed of Trust or in any of the other Loan Documents are cumulative, not mutually exclusive and not in substitution for any rights or remedies available at law or in equity. Without waiving its rights in the Property, Beneficiary may proceed against Grantor, any other party obligated to pay or perform the Secured Obligations or against any other security or guaranty for the Secured obligations, in such order or manner as Beneficiary may elect. Except where prohibited by applicable law, the commencement of proceedings to enforce a particular remedy shall not preclude the commencement of other proceedings to enforce a different remedy. 12. EMINENT DOMAIN. If any portion of the Property is taken or damaged through eminent domain (or pursuant to a transfer in lieu thereof), the amount of the award to which Grantor is entitled shall be paid to Beneficiary and applied to the Secured Obligations at Beneficiary's option. 13, TRANSFERS. Grantor shall not, without Beneficiary's prior written consent, directly or indirectly (i) transfer, assign or convey any interest in the Property, for security purposes or otherwise, or (ii) consent to, permit or allow the transfer of any interest in Grantor. 14. SUCCESSORS AND ASSIGNS This Deed of Trust inures to the benefit of and is binding upon the respective heirs, administrators, successors and assigns of Grantor and Beneficiary 15, SUCCESSOR TRUSTEE In the event of Trustee's death, incapacity, disability, dissolution, resignation or refusal to act, Beneficiary may appoint a successor trustee and, upon the recording of such appointment in the records of the county in which chis Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original Trustee. 16. GOVERMNG LAW. This Deed of Trust shall be construed and enforced under the laws of the State of Washington. In any action or proceeding to construe or enforce this Deed of Trust or any of the Loan Documents, the prevailing party shall recover its costs and reasonable attorneys' fees including those incurred in any trial or arbitration proceeding, in any bankruptcy or receivership proceeding, and in any appeal therefrom WASHINGTON NOTICE: ORAL AGREEMENTS, PROMISES OR COMMITMENTS TO: (1) LOAN MONEY, (Z) EXTEND CREDIT, (3) MODIFY OR AMEND ANY TERMS OF THE LOAN DOCUMENTS, (4) RELEASE ANY GUARANTOR, (5) FORBEAR FROM ENFORCING REPAYMENT OF THE LOAN OR THE EXERCISE OF ANY REMEDY UNDER THE LOAN DOCUMENTS, OR (6) MAKE ANY OTHER FINANCIAL ACCOMMODATION PERTAINING TO THE LOAN ARE ALL UNENFORCEABLE UNDER WASHINGTON LAW. 1390 759 11 tMl 6 DOT ADASMBA HOMMAMWEsrSHAMROCK HIGHLANDS LWJIL I tWLVJV.wv. GRANTOR: SHAMROCK HIGHLANDS, LLC, a Washington limited liability company By: ComWest Development, Inc., a Washington corporation, Managing Member By C. LL It GtiFE� i" iE��u�' �►�.�- 139M75959 11126M3-9_ DOT ABASSEMA ROMk1CAMWFSrSHAMKOM""J-"LANDS LVVJ IL I4VVi6Vd0.V IV STATE OF WASHINGTON ) ss. COUNTY OF On this- _-1(P-� day of ale, , 2003, before me, the undersigned, a Notary Pk% arg for the State of Washington, duly %pmissioned and sworn personally appeared Pak known to me to be the es ern of CamWest Development, Inc, a Washington corporation, the Managing Member of SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, the limited habihty company that executed the foregoing instrument, and acknowledged the said insh anent to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instnunent. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. WITNESS my hand and official seal hereto affixed the day and year in the certificate above written �`��puurnrrr»� �� �C��sr�ls5lLlrr�L��!s. =:; APR N; _�I, 27 :*t PnntName 2005Boz: NOTARY PUBLIC in and for the State of '�:y�eFw�s�"•:G.'`~ Washington, residing at fggSA -U A . My commission expires !!�. 1390/759 I V26Mri 40- DOT ABASS08A HOMMCAMWESWRAMROCK HIGHLANDS EXHIBIT A LEGAL DESCRIPTION PARCEL A: THE EAST 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S.E. 128"' STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M ; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S.E. 128T" STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL C: THE NORTH 112 OF THE NORTH 112 OF THE SOUTH 112 OF THE NORTH 112 OF THE EAST 112 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W. M ; EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 290 FEET; EXCEPT THAT PORTION THEREOF FOR 148-nI AVENUE S.E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL D. THE SOUTH 112 OF THE NORTH 112 OF THE SOU'T'H 112. OF THE NORTH 112 OF THE EAST 112 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE S EAST W.M.; EXCEPT COUNTY ROAD, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 1790175911126103 -Il- DOT ABASSE4CMA HOMMAMWESi\SHAMROCK HIGHLANDS PARCEL E: THE WEST 794 FEET OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO S90M0351. PARCEL F: THE SOUTH 1/2 OF TETE SOUTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; AND EXCEPT THE WEST 794 FEET THEREOF; AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL G: THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE NORTH 168.05 FEET OF THE EAST 302.15 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF FOR 148"H AVENUE S.E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: THE NORTH 168.05 FEET OF THE EAST 302.15 FEET OF THE NORTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M; EXCEPT THAT PORTION THEREOF FOR 148"' AVENUE S.E RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL I: THAT PORTION OF THE SOUTH 112 OF THE NORTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 25 NORTH, RANGE 5 EAST W. M, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 112; THENCE NORTH 88020'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 112, 50 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 88020'44" WEST, 216.94 FEET; THENCE SOUTH 0015'25" WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH 112, 329.36 FEET TO THE SOUTH LINE THEREOF, THENCE SOUTH 88020'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH 112, 266.94 FEET TO THE SOUTHEAST CORNER THEREOF; 119%75911/2&W •12- DOT ABASSMA HOMMAM W@MHAMROCK HIGHLANDS THENCE NORTH 00015'25" EAST ALONG THE EAST LINE OF SAID SOUTH 112, 313.35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER; THENCE NORTH 88020'44" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 1/2,50 FEET; THENCE NORTH 00015'25" EAST PARALLEL WITH THE EAST LINE OF SAID SOUTH 112,16 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL J: THE SOUTH 112 OF THE NORTH 112 OF THE NORTHEAST 114 OF THE SOU'T'HEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; EXCEPT THE NORTH 132 FEET THEREOF; AND EXCEPT THE EAST 286 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL K. THE NORTH 16 FEET OF THE SOUTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M; EXCEPT THAT PORTION THEREOF FOR 148"' AVENUE S E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 13 9017 5 9 1112M3 •13- DOT ABASSMA HOME1CAMwFS7�SH"KOCK HIGHLANDS WHEN RECORDED RETURN TO: Bank of America, N.A. RE Bank—NW Home Ruilder WA3-504-04-01 10500 NE 8th Street, Suite 400 Bellevue, WA 98004 Min; Loan Administration LVVJ I Z I LVVLVJ7J.VVi Document Title: Consent to Subordinate Financing and Agreement of Subordination Grantor: 1. Base Capital, L.L,C. 2. U.S. Bank National Association Grantee: Sank of America, N.A. Reference Nos. of Documents Released or Assigned: Grantor Deed of Trust Recording No 20011009002308 (as modified by 20020815000404 and 20021231002396); Assignment of Deed of Trust Recording No. 20011026003657; Grantee Deed of Trust Recording No. wwl:7-M2 a%' L— r".. 4CA SCIS --Teinlr CONSENT TO SUBORDINATE FINANCING AND AGREEMENT OF L-0 we'Y1SUBORDINATION 1 NOTICE: THIS SUBORDINATION AGREEMENT RETS TS IN THE SUBORDINATOR'S DEED OF TRUST ON THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORI'T'Y THAN THE LIEN OF A DIFFERENT OR LATER DEED OF TRUST. THIS CONSENT TO SUBORDINATE FINANCING AND AGREEMENT OF SUBORDINATION ("Agreement") is made to be effective as of December 1, 2003, by and between Bank of America, N A, and its universal successors, assigns, and participants ("Lender"), whose address is RE Bank — NW Home Builder/Loan Administration, WA3- 504-04-01, 10500 NE 8th Street, Suite 400, Bellevue, WA 98004; BASE CAPITAL, L.L.C., a Washington limited liability company, and its universal successors assigns and participants ("Subordinator"), whose address is 411-109'h Avenue N.E., Suite 1970, Bellevue, WA 98004, and SHAMROCK HIGHLANDS, LLC, a Washington limited liability company, and its universal successors, assigns and participants ("Owner"), whose address is clo:'CamWest Development, Inc., 9720 NE 1200' Place, Suite 100, Kirkland, WA 98034, with respect to the following facts >aiEQ FOR RECORD AT THE REQUEST OF RECITALS: TRANSWATION TITLE I, iSUEMCE CC A- Lender is making a loan (the "Loan") to Owner in the principal amount of $2,905,000.00 for the purpose of refinancing a portion of Owner's debt with respect to the real property located in King County, Washington (the "Project"), legally described in Exhi attached hereto and by this reference incorporated herein The Loan is subject to the condition, among others, that payment and performance of Owner's obligations to Lender under the Loan be secured by a fust lien deed of trust (the "First Deed of Trust") on the project, with unconditional priority over all other permitted liens and encumbrances thereon.4 g5 id - I-V , . r4iufu UqW. St-cr-1w'10" "Va � ,B Owner is the owner of all of the property both real and personal, tangible and intangible, described in and encumbered by the First Deed of Trust 139M759 12M/03 1- SU13ORD-BASE 2 ABASSFOA noMMCAMWE511SHAMROCK HIORL ANDS �uvsi�izuuzusy.uuz C. The terms of the Loan prohibit any lien or encumbrance on the Project other than the First Deed of Trust. The Project is currently encumbered by a Deed of Trust recorded in the real property records of King County, Washington under Recording No. 20011009002309 (as modified by documents recorded under Recording Nos. 20020815000404 and 20021231002396) (the "Subordinate Deed of Trugt") which secures indebtedness to Subordinator evidenced by a promissory note in the original principal amount of $3,500,000. Owner and Subordinator have requested that Lender permit the Subordinate Deed of Trust to remain as an encumbrance on the Project, and Lender has agreed to the encumbrance of the Subordumte Deed of Trust on the terms and conditions set forth in this Agreement. D. Subordinator assigned its interest under the Subordinate Deed of Trust to U.S. Bank National Association ("US Bank") for security purposes pursuant to an Assigruncnt of Deed of Trust recorded in the real property records of King County, Washington under Recording No. 20011026001657. AGREEMENT: NOW, THEREFORE, in consideration of Lender's consent to the Subordinate Deed of Trust, to induce Lender to advance loan funds under the First Deed of Trust, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties represent, warrant and agree as follows: I. R2ggrding Info atio . The Fust Deed of Trust was recorded in "n ( - County, Washington on Dim . 17, . 2003, under ehNb County Recording No_ 1212tic3?13t� , and the Subordinate Deed of Trust was recorded in Kang County, Washington, on October 9, 2001, under Icing County Recording No. 20011009002308. It is contemplated that this Agreement will be executed prior to the recording of the First Deed of Trust and Subordinator and Owner specifically authorize Lender to insert or cause to be inserted in this Section I the recording date and recording number for the First Deed of Trust. 2. Consent to Subordinoe Deed of Trust. Lender hereby consents to the Subordinate Deed of Trust, provided, that the maximum amount which may be, by its terms, secured by the Subordinate Deed of Trust shall not exceed $2,905,000.00. 3. Subordination Subordinator, being the holder(s) of all of the beneficial interest in the Subordinate Deed of Trust, hereby unconditionally and 'irrevocably agrees that the Subordinate Deed of Trust and all indebtedness and obligations secured thereby, and any other estate, lien or interest which Subordinator may at any time now or hereafter have or acquire in any of the property, real and personal, described in the First Deed of Trust, is and shall at all tunes be and remain unconditionally subject, subordinate and inferior to the lien and security interest now or hereafter created by the First Deed of Trust and to all advances or charges made or accruing under the First Deed of Trust. Without limitation, this agreement of subordination extends to and includes unconditional and irrevocable subordination of the Subordinate Deed of Trust to (i) any extension, modification, amendment, renewal or replacement of the First Deed of Trust, (ii) all leases, rents, cash collateral, accounts, insurance and condemnation proceeds, inventory, equipment, general intangibles and other tangible and intangible property comprising or derived from the Project, (iii) all advances made in connection with the Loan, any advance made by Lender to Owner as a debtor in possession under the U S. Bankruptcy Code, advances to protect Lender's interest in the Project, and advances made by Lender for taxes, insurance, improvements, or other advances made with respect to the Project, whether or not such advances are expressly authorized by the terms of the First Deed of Trust, and (iv) any interest or other sums which may accrue to Lender on the obligations secured by the First Deed of Trust following the filing of any petition in bankruptcy with respect to Owner, regardless of whether Owner is excused from paying such interest or other sums under the U S Bankruptcy Code. 1390759 1204/03 d- susaaD-BASE 2 An ASSLiiiAH0MMCAM WF.SWHAMROCK HIGHLANDS LVVJ IL I IVVLU37J.VVa 4 PaWms 0 Subordinator. Prior to any default on the First Deed of Trust or any default by Owner on any loan or other obligation of Owner to Lender, Owner may make and Subordinator may receive payments on the obligations secured by the Subordinate Deed of Trust in the amounts and at the times due but not otherwise without Lender's prior written consent After any default under the First Deed of Trust or under any loan or other obligation of Owner to Lender, Owner shall not make and Subordinator, with actual knowledge of such default, shall not take any payments on such obligations and following such default of which Subordinator has actual knowledge any payment of such obligations by Owner to Subordinator shall be collected, enforced and received by Subordinator in trust for the benefit of Lender and promptly paid over to Lender on account of the obligations secured by the First Deed of Trust. Failure to remit shall be deemed equivalent to misappropriation while acting in a fiduciary capacity so as to constitute a non -dischargeable debt under the U S Bankruptcy Code 5. Covenants of Subordinator. Subordinator hereby covenants and agrees with Lender that: (a) Until such time as the indebtedness and obligations secured by the First Deed of Trust have been paid and performed in full, Subordinator waives, relinquishes and releases any and all rights of subrogation which Subordinator may have with respect to the First Deed of Trust, in any other security for payment of the Loan which Leader now has or hereafter acquires, or otherwise to participate in any claim, right or remedy of Lender against Owner. (b) So long as the First Deed of Trust remains in effect, not to declare any obligation secured by the Subordinate Deed of Trust in default, not to exercise any of the rights or remedies available to Subordinator under the Subordinate Deed of Trust, the U.S Bankruptcy Code, or any other federal, state or local laws including, without limitation, acceleration of any obligation secured by the Subordinate Deed of Trust, the right to the appointment of a receiver, the right to receive any rents, issues or profits from the Project and the right to foreclose the Subordinate Deed of Trust (c) In the event of a default under the Loan, Subordinator shall, following Subordinator's receipt of written notice from Lender, have the option, in its sole discretion, but not the obligation to (i) promptly cure any monetary default and thereafter keep the Loan current; and (ii) promptly make all reasonable efforts to cure any non -monetary default. (d) Lender shall not be bound to exhaust its recourse or take any action against Owner or any guarantor or any other person or entity or proceed against any other collateral or property prior to judicial or nonjudicial (trustee's sale) foreclosure of the First Deed of Trust Lender may, without notice to or the consent of Subordinator, (i) enter into any extension, modification, amendment, renewal, replacement of the First Deed of Trust or any other document or agreement evidencing or securing the Loan, (ii) release any or all parties liable for any obligations or indebtedness secured by the First Deed of Trust, and (iii) release all or any of the security for the obligations or indebtedness secured by the First Deed of Trust Subordinator agrees to promptly execute and deliver to Lender from time to time all such documents and agreements as Lender may require to confirm the subordination of the Subordinate Deed of Trust. (e) Subordinator waives (i) the benefit of suretyship claims and defenses generally, (ii) any right to require marshalling of assets or to require Lender to proceed against or exhaust any specific security for the obligations secured by the First Deed of Trust, and (iii) any defense to any exercise of Lender`s rights hereunder or under the First Decd of Trust or the other documents and agreements evidencing and securing the Loan arising out of the loss or impairment of any right of subrogation to the First Deed of Trust or to any other document or agreement evidencing or securing the Loan (f) In the event of any sale or transfer of all or any part of the property comprising the Project and until payment in full of the obligations secured by the First Deed 1YM75912i041R3 •3• 5UBORD-BASE 2 ABASSMA HOMWAMWESRSHAMROCK HIGHLANDS ZUU157 L'11UULu4v.UU4 of Trust Subordinator agrees, without receipt of payment or consideration, to cause the Subordinate Deed of Trust to be fully or partially reconvcyed, as applicable. (g) In the event of a casualty to the Project or a condemnation or taking under a power of eminent domain of all or any portion of the Project, the buildings or improvements thereon, or a threat of such condemnation or taking, all payments and settlement of insurance claims and condemnation awards shall be paid first to Lender to be used or applied as provided in the First Deed of Trust, and then to Subordinator to be used or applied as provided in the Subordinate Deed of Trust. (h) Subordinator represents to Lender that Subordinator (i) is adequately informed of the financial condition of Owner and of Owner's plans and resources for development and operation of the Project, (h) has not relied upon any financial or other information about Owner or the Project furnished by Lender, if any, and (iii) does not expect Lender to provide and waives any duty on the part of Lender to provide such information in the future including, without limitation, adverse information about the Owner or the Project, if any, which Lender may possess or acquire and which may not be available to Subordinator. (i) Prior to the execution of this Agreement, Subordinator has had the opportunity to examine the terms of the First Deed of Trust and the other documents, instruments and agreements evidencing and securing the Loan, all of which Subordinator consents to and approves Subordinator acknowledges that Lender has no obligation to Subordinator to advance any funds under the First Deed of Trust or to see to the proper use and application of the funds so advanced. Subordinator understands that construction loans can involve substantial risks for junior lien holders and agrees that Lender is not a trustee or fiduciary for Subordinator and undertakes no duty, obligation responsibility or special relationship to Subordinator to see to proper use and application of the Loan or otherwise to protect and not act adversely to Subordinator's interests. Any application or use of the Loan for purposes other than those provided for in the First Deed of Trust and the other documents instruments and agreements evidencing and securing the Loan shall not defeat, limit or impair this subordination in whole or in part. 6. Cross Default Any breach or default of Subordinator's duties and obligations under this Agreement or any claim or assertion by or on behalf of Subordinator that the Subordinate Deed of "frust is of equal or greater priority to the First Deed of Trust shall, at Lender's option, constitute an event of default under the First Deed of Trust and the other documents and agreements evidencing and securing the Loan. Any breach or default of the duties and obligations secured by the Subordinate Deed of Trust shall, at Lender's option, constitute an event of default under the First Deed of Trust and the other documents and agreements evidencing and securing the Loan. 7. Consent by.US Bank By executing this Agreement in the space below, US Bank hereby consents to the subordination of the Subordinate Deed of Trust to the First Deed of Trust on the terms and conditions of this Agreement, and US Bank joins in this Agreement solely for such purpose 8. Miscellaneous. (a) This Agreement shall be governed and construed in accordance with the laws of the State of Washington. Wherever possible, each provision of this Agreement Shall be interpreted in such a manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under such law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. (b) in any action or proceeding to construe or enforce this Agreement, the prevailing party shall recover its costs and reasonable attorneys' fees including those incurred in any trial or arbitration proceeding, in any bankruptcy, insolvency or receivership proceeding, and in any appeal therefrom. 1390/779 124MQ3 A. SUBOMBASE 2 ABASSEMA HOME CAMWESMAMROCK HIGHLANDS (c) This Agreement constitutes the entire Understanding of the parties with respect to the subject matter hereof replaces all prior and contemporaneous oral agreements and understanding, and may be modified only by a writing signed by All parties hereto. (d) This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors, assigns and participants. IN WITNESS WHEREOF, the parties have made this Agreement to be effective as of the day and year first set forth above. ORAL AGREEMENTS OR ORAL COMMITMEN'T'S TO LOAN MONEY, EXTEND CREDIT OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. LENDER: BANK OF AMERICA, N.A. 5 By Title�ar VCE- �ies.d�.ot SUBORDINATOR: BASE CAPITAL, L.L.C., a Washington limited liability company By l H. Thomas Wick, Managing Member SHAMROCK HIGHLANDS, LLC, a Washington limited liability company By: CamWest Development, Inc., a Washington corporation, ManagingMember By LTV Ley s , —41CI- Ftp c,ry Dr -k - US BANK: U.S. BANK NATIONAL ASSOCIATION By 1390\759 12M0 03 -5- SUDORD-BASE 2 ABASSOMA HOMMAMWESTMIAMROC% HIGHLANDS 70U31y120o2U39.U06 STATE OF WASHINGTON ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that alcor a.antli is the person who appeared before me, and said person acknowledge that he/she signed this instrument, on oath stated that /she was authorized to execute the instrument and acknowledge it as the . of BANK OF AMERICA, N.A. to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated Z 3 Name Punted; OtA S �� Notary Public in and for the State of Washington, residing at nota My appointment expires KW •11, WO=; �. PUBUG Z f22 13901754 1210M03 SUBORD-SASL 2 ABASSE16A HOMEICAMWESWHAMAOCK HIGHLANDS LV VV iL ILVYiVV�.VVI STATE OF WASHINGTON ) ) ss COUNTY OF}i, ) On this I_ day of J�e,� 6 r , 2003, before me, the undersigned, allotary Public in and for the State of Washington, duly commissioned and sworn personally appeared H. Thomas Wick, known to me to be the Managing Member of BASE CAPITAL, L.L.C., a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liability company, for the purposes therein mentioned, and on oath stated that helshe was authorized to execute said bztwnent. I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document WITNESS my hand and official seal hereto affixed the day and year in the certificate ahnve written 13901759 12704103 -7• SUBORD-BASE I ABASSETA HOMEICAMWEMHAMROCK HIGHLANDS gnaturc ;o`ypY�gmt +�� Dina. i , l"t i n rFio , •`� Ptffi�C .` Pnnt Namc NOTARY PUBLIC in and for the State of lb sj •.. 3.1(3,ri Washington, residing at NL vr.1 l Mycomraisstonexpues5-r9-oG 13901759 12704103 -7• SUBORD-BASE I ABASSETA HOMEICAMWEMHAMROCK HIGHLANDS STATE OF WASHINGTON ) } ss. COUNTY OF ) On this }N'�) day of 1rrkeP-. , 2003, before me, the undersigned, a Notary Pig in a� for the State of Washington, duly commissioned and sworn personally appeared £n ?' ` ,known to et�AOr 1P, i�,de�� of CaMwest Development, Inc.. a Washington corporation, the Ve c1 t ROCK HIGHLANDS, LLC, a Washington limited liability company, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said limited liahihty company, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. I certify that 1 know or have satisfactory evidence that the person appearing before rue and making this acknowledgment is the person whose true signature appears on this document WITNESS my hand and official seal hereto affixed the day and year in the certificate above written Via, 13, i%i =.- Pant Name NOTARY PUBLIC m and for the State of Washington, residing at jkffw, UA My commission expires At 27•DC . 1390%7591204X3 4- SUBORD-BASE 2 ABASS> 1DA HOMWAM WESMILAMROCK HIGHLANDS LVVJ I L ILUVLVJ.7.VVz STATE OF WASHINGTON ) ss COUNTY OF n a } I certify that I know or have satisfactory evidence thati�ti,tr,(j� �_I r is the person who appeared before me, and said person acknowledged that hdshe signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledge it as the V1 c,- Ar„t of U.S. BANK NATIONAL ASSOCIATION to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: ...... ,�p,4 M1lSljht� Printed C�rnn� L 1 l :g�r``� '�.� tt ame rry , 'Rotary Public in and for the State of o NO Y �, ` t Washington, residing at J ,v -11 _ My appointment expires .3-1 S-nG 1390/754 170M •9• SUBORD-BASE 2 ABASSMA ROMEICAM WESTMAMROCK WOHLANDS LVVJ I L I LVVLVJ.7.v I V EXHIBIT A' LEGAL DESCRIPTION PARCEL A: THE EAST 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S.E. 1287H STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS 5755891 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL B: THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST 112 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M; EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR - S.E. 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. PARCEL C; THE NORTH 112 OF THE NORTH 112 OF THE SOUTH 112 OF THE NORTH 112 OF THE EAST 112 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W,M.; EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET; EXCEPT THAT PORTION THEREOF FOR 14STH AVENUE S, E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE 6F WASHINGTON. PARCEL D: THE SOUTH 10 OF THE NORTH 112 OF THE SOUTH I OF THE NORTH 112 OF THE EAST 112 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT COUNTY ROAD; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL E: 139M59 1210003 -10- SUBORD•BASE 2 ABASSEIBA 140MEZCAMWEST1S11AMROCK HIGHLANDS THE WEST 794 FEET OF THE SOUTH 1/2 OF THE SOUTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M-; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S90MO351 PARCEL F: THE SOUTH 112 OF THE SOUTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; AND EXCEPT THE WEST 794 FEET THEREOF; AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL G: THE NORTH 112 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE NORTH 168.05 FEET OF THE EAST 302.15 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S.E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL H: THE NORTH 168.05 FEET OF THE EAST 302.15 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST WN, EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S.E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL L THAT PORTION OF THE SOUTH 112 OF THE NORTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 25 NORTH, RANGE 5 EAST W. M, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 112; THENCE NORTH 88°20'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 1/2, 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 8820'44" WEST, 216.94 FEET; THENCE SOUTH 0015'25" WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH 1/2,329.36 FEET TO THE SOUTH LINE THEREOF; THENCE SOUTH 8820'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH 112, 266.94 FEET TO THE SOUTHEAST CORNER THEREOF; THENCENORTH 00°15'25" EAST ALONG THE EAST LINE OF SAID SOUTH 112, 313.35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER; 13901759 12/DM -11- SUBORD-BASE 2 ABASSMA H0MFCAMWFZTMAMR0CK HIGHLANDS THENCE NORTH 88°20'44" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 112, 50 FEET; THENCE NORTH 00°15'25" EAST PARALLEL WITH THE EAST LINE OF SAID SOUTH 112.16 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL J.- THE :THE SOUTH 1/2 OF THE NORTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; EXCEPT THE NORTH 132 FEET THEREOF, AND EXCEPT THE EAST 286 FEET THEREOF, SLTUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, PARCEL K: THE NORTH 16 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W. M.; EXCEPT THAT PORTION THEREOF FOR 148"" AVENUE S.E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. 1790175912!04!03 12- SUBORB-BASE 2 ABASSEGA I IOME%CAMWESMHAMROCK IUGFILANAS 1; 14 , 20031212002040.001 WHEN RECORDED RETURNTO + i 20031212002040 003TRMSNATIO1212002 019 BANKOFAMERICA- HOME BUILDER DIVISION 100 /1201 0 14: WA3-504- "I KUS CG101t01�Y14WAt3 10500 N E ST" STREET, SUITE 440 BBLLEVUE, WA 98404 ATTN LOAN ADMINISTRATION Document Title: Subordination Agreement Grantor: I Hunsaker, Patrick and Ann Marie 2 Hunsaker, James and Dense 3 Hunsaker, John and Norma Jean 3 Hunsaker, Timothy and Bonnie 4 Morrison, Brian and Cora 5 Holland, Jahn and Barbara 6 Troseth, Kenneth and Sharon 7 J P Hun, LLC 8 Shamrock Highlands, LLC Grantee, Bank of America, N A J Abbreviated Legal Description: � of E %i of SE % of Section 10, To ship 23N, Range 5E WM ilu:50?N, iJ Full Legal Description. See Exhibit A attached) tjE(.I' " 0, Reference Plow. of Related Documents: Deed of Trust, Assignment of Rents and Leases and Security Agreement, Reeordi ig No 20011009002309, Assignment for Security Purposes and Security Agreement, Recording No 20011009002310, UCC Financing Statement, Recording No 2001 1 0090023 12 lL�o � r �oo3r NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR INTERESTS IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER PRIORITY THAN THE LIEN OF SOME, OTHER OR LATER SECURITY INSTRUMENT FLED Foq p, -Cr vn '7-- RrQUEST Of TjRluso DIVA BM&AEP�T'.'��A'�CEC4 This Subis3C( 3ordination Agreement ('Agreement") is made as of December 1, 2003, by and among SHAMROCK HIGHLANDS, LLC, a Washington limited ])ability company ("Borrower"), PATRICK and ANN MARIE HUNSAKER, husband and wife, JAMES and DENISE HUNSAKI~R, husband and wife, JOHN and NORMA JEAN HUNSAKER, husband and wife, TIMOTHY and BONNIE HUNSAKER, husband and wife, BRIAN and CORA MORRISON, husband and wife. JOHN and BARBARA HOILAND, husband and wife, KENNETH and SHARON TROSETH, husband and wife, and J P. HUN LLC, a Washington linuted liability company (collectively "Subordmator"), and BANK OF AMERICA, AIA. ("Lender") RECITALS , A Borrower owns the real property more particularly desciibed in Exhibit A attached, and all unprovements now or hereafter located or constructed thereon (collectively, the "Property") L39M759 «3Po3 4 - Al ASSeAA NGME4CAMWESTWAWOCK HIGHLANDS SUBORD•KUNSAKER i 20031 2 1 2002040.002 B Lender has agreed to make a loan to Borrower in the ongrnal principal anwurit of up to Two Million Nine Hundred Five Thousand and 001100 Dollars ($2,905,000.00) (the -Loan") The Loan is or will be evidenced by A Promissory Note dated as of December 1, 200Vthe "Dote"), and secured by a Deed of Trust, Security Agreement and Fixture Filing ncumbering the Ptoperty (the "Lender Deed of Trust"), made by Borrower for the benefit of Lender to be recorded in the real property records of Kang County, Washington, concurrently with the recordation of this Agreement The Note, the tender Deed of Trust and all the other documents executed by Borrower in connection with the Loan, as they may subsequently be extended, amended, restated or otherwise modified, are hereafter re erred to collectively as the "Loan Doe ments" e V ,a Bonower originally acquired the Property from Subordinator and in connection with such acquisition executed and delivered to Subordinator a Promissory Note dated as of October 5, 2001 (the "Subordinate Note"), secured by a Deed of Trust, Assignment of Rents and Leases and Security Agreement, recorded m the real property records of King County, Washington under Recording No 20011009002309 (the "Subordinate Deed of Trust"), an Assignment for Security Reposes and Security Agreement recorded in the real property records of Kang County, Washington under Rccordurg No 2001 1 0090023 10 (the "Subordinate Assignment"), and a UCC Financing Statement recorded in the real property records of Kang County, Washington under Reeordmg No 20011009002312 (tho `Subordinate Financing Statement") The Subord=te Note evidenced the obligation of Borrower to pay to Suboidnnator the principal sum of $525,000 (the "Initial Amount"), and cerin addtttonal amounts as more particularly described in the Subordinate Note (the "Contmgeat Payments") The Subordinate Note, the Subordinate Deed of 'Trust, the Suboidinatc Assignment and the Subordinate Financing Statement are referred to collectively in this Agreement as the "Subordinate Loan Documents". D It is a condition precedent to Lender advancing Loan proceeds to Borrower to acquire the Property that, subject to all terms and provisions of this Agreement, the Lender Deed of Trust and the Loan Documents shall be and remain ar all times a lien or charge upon the Property prior and supenor to the lion or charge of the Subordinate Deed of Trust and the other Subordinate Loan Documents, and that the obligations of Borrower under the Loan be prior and superior to all obligations of Borrower under the Subordinate Loan Documents AGREEMENTS. For good and valuable coinsideration, the receipt and sufilciency of which ate hereby acknowledged, the parties agree as follows Subordination 11 General Subordination Subordinator agrees that its rights m, to and under the Subordinate Loan Documents, including without limitation the Subordinate Deed of Trust (including without linutatton the right to receive the Contingent Paymerits), shall be subordinated to the lien of the Lender Deed of Trust and to all of the payments, terms, covenants and conditions contained in the Loan Documents and any extensions, replacements, consolidations, modifications and supplements thereto, including but not limited to the payment of any and all principal or other advances (whether or not obligatory) m whatever amounts and whenever made, accrued interest. default interest, fees, expenses, charges, prepayment premiums, release prices, reconveyance fees, or other amounts owing under the Loan Documents, any or all of which may increase the indebtedness secured by the Loan Documents above the original principal amounts thereof, and any post-petition interest accrued after the commencement of any case raider the Bankruptcy Code 13901799 11WM3 .2• SUBORD HUNSAXER 1 ABASSt WA HoMmCAMWEYNHAMROCk HIGHLANDS 20031212002040.003 12 Qnshfications and Exceptions (a) So long as there does not exist any default under the Loan Documents, and in the case of payments to be made from the proceeds of sales of any portion of the Property, so long as there exists sufficient excess net sale proceeds aper payment to Lender of the amounts requued to be pard to it under the Loan Documents, Subordinator shall be able to collect the Contingent Payments it is entitled to receive under the Subordinate Note However, after Lender has given Subordtnator written notice of the occurrence of an event of default under the Loan Documents and pnoi to cure of the default or the full satisfaction of the Loan or release of Borrower and any guarantors thereunder, any payment by Borrower or any such guarantor to Subordinator shall be collected, enforced and received by Subordinator as trustee for Lender and promptly paid over to Leader in payment of such portion of the Loan as Lender may direct (h) The Suborduuitoes subordination made hereunder shall apply automatically to any extension, replacement, consolidation, modification or supplement of the Loan, including but not limited to any agreement that authorizes or requires additional advances by Lender of otherwise increases the amount of the Loan 2 Qualifications and Confirmations Subordinator qualifies and cunfums to Lender the following 21 Boirower and Subordinator hereby confirm to Lender that the initial Amount has been paid in fully and the only remaining obligation of Borrower under the Subordinate Note is the obligation to make the Contingent Payments as and when such payments are due and payable pursuant to the terms of the Subordinate Note 22 Any foreclosure sale oudicral or non judicial) under Lender Deed of Trust and/or any deed in heu of foreclosure, shall extinguish the Len of the Subordinate Deed of Trust and the other Subordinate Loan Documents with respect to the Property, or portion thereof, subject to the foreclosure sale and'or decd in lieu of foreclosure Without limiting the generality of the foregouig, if Lender or its affiliate becomes the owner of the Property through a foreclosure sale or deed m lieu Of foreclosure, Lender shall have no abligation to Subordinator for the payment of the Coattrigent Payments 3 Further Assurances, Entire Agreement Subordinator, its successors or assigm% or any other holder of the Subordinate Note and the other Subordinate Loan Documents shall execute, acknowledge and deliver, upon the reasonable request of Lender, any and all further subordulations, agreements or Other instruments, in recordable form, that Lender or its successors or assigns may hereafter reasonably require for carrying out the purposes and intent of this Agreement This Agreement shall be the entire agreement wtth regard to the subordination of the Subordinate Loan Documents to the lien or charge of the Lender Deed of Trust and the other Loan Documents This Agreement shall supersede and cancel, but only with respect to mach priority, any prior inconsistent agreements as to such subordination, including, withour hmlration, those provisions, if any, contained in the Suboi dinate Loan Documents which provide for the subordination of the indebtedness, hen or charge thereof to other debt or security instruments 4 Confirmation Subordinator hereby confirms to, and agrees with, Lender as to the following 4 1 There are no defaults (or conditions or events which, with notice and the expiration of any applicable cure period without a cure, would constitute a default), known to Subordinator as of the date hereof by Bonower under its obligations set forth in the Subordinate Loan Documents 42 Subordinator hereby consents to the Loan, and to the execution and delivery by Borrower to Leader of the Loan Documents 13909591205M -} SUBORM-MUNSAKLR I ABASSIPSA HOMBCAMWESTWAMROCK HPUMANDS 43 Subordinator and Borrower agree not to amend or modify the terms of the Subordinate Note or any of the other Subordinate Loan Documents without the prior written consent of Lender 5 Miscellaneous This Agreement will be govemcd by, and construed and enforced in accordance with, the laws of the State of Washington Lath party hereby consents to the jurisdiction of any federal or state court within the State of Washington, County of Icing, and also consents to service of process by any means authorized by Washington or federal law This Agreement may be signed in multiple counterparts with the siunc effect as if all signatories had executed the same instrument Dated as of the date first set forth above SUBORDINATOR: _, John Hunsake V Timothy HtNinVr Brian Morrison J P. HUN LLC, a Washington limited hability company S Patrick unsaker, Manager LENDER - BANK OR AMERICA, N.A. By Douglas B Sollitt, Senior Vice President 13401759 12105!03 .4 ABASSMA P0kMCAWWeM)1AMRDCi. AIGHLANDS - d",l, Ann Mane 11 ak=r LA;a&W&&,oaktt- Denise Huniakeif N rma Jean Huns ter Axz QL- Bonnie Hunsaker Cora Morrison Z. Barbara [land .-AGA Im� lt. Sharon Traseth /Eorrawrr's sigiurrure wr pags if SUBULD BUMMER i 20034212002040.004 20031212002040.00 43 Subordinator and Borrower agree not to amend or modify the terms of the Subordinate Note or any of the other Subordinate Loan Documents without the prior written consent of Lender. S. Miscellaneous. This Agreement will be governed by, and construed and enforced in accordance with, the laws of the State of Washington. Each party hereby consents to the jurisdiction of any federal or state court witfun the State of Washington, County of King, and also consents to service of process by any means authorized by Washington or federal law. This Agreement may be signed in multiple counterparts with the same effect as if all signatories had executed the same instrument. Dated as of the date fust set forth above SUBORDINATOR: Patrick Hunsaker Ann Marie Hunsaker James Hunsaker Denise Hunsaker John Hunsaker Norma Jean Hunsaker Timothy Hunsaker Bonnie Hunsaker Brian Morrison Cora Morrison John Hoiland Barbara Iloiland Kenneth Troseth Sharon Troseth J.P. HUN LLC, a Washington limited liability company By Patrick Hunsaker, Manager LENDER: BANK OR AMERICA, N.A. By Douglas Vr Sollim Senior Vice President fBorrower's sIgnarare on Page 51 1396475912X15/03 -4• SV90RD-HmsAKER 1 ABASSEDAHOMECAMWEs %SHAMRoCKHIGHLAM)S 20031212002040.006 BORROWER: SHAMROCK HIGHLANDS, LLC, a Wasbington lumted kablkty company By- CamWest Development, Inc., a Wastnngtan corporation, Mamgmg Mcmbcr By F% ftayk H. 41 GKw,a.,1 V1'ce e►+ae�e..rt oma, H rr 1390175912AVO •S• SUROMHU14SAKER 1 ABASSEGA HOMESCAMWEnMRAMKOCK HIGHLANDS 20039292002040.007 STATE OF WASHINGTON ) ss COUNTY OF On flus _LL_ day of }, 2003, before me, a Notary Public in and for the State of Washington, duly eornmissiorAd. and sworn, personally appeared Patrick Humsaker and Ann Marie Hunsaker, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they signed the Same as !herr free and vohmiary act and deed for the uses and pti gorses therein mentioned I certify that I know or have satisfactory evidence that the persons appearing before me and wAlung thus acknowledgment ate the persons whose clic signatures appear on this document WITNESS my hand and official seal the day and year in this certificate above wntten Slgrintvin Pnnt Name WrARY PUBLIC m and for the State of Washington, residing at My COII1rliission expires 13901759 13MI/9 -6- SUBORD-HU4SAKEa 1 ABASSESA H0MZCAMW&nMHAMR0CK HIGHI.ANW 20031212002040.008 STATE OF WASHINGTON ) COUNTY OFYIA ) On tlus _1L day of 1�y, 2003, before me, a Notary Public m and for the State of Washington, duly commissioned and sworn, personally appeared James Hunaaker and Dense Hunsaker, husband and wife, known to me to be the individuals named M and wbo executed the foregoing document, and acknowledged to me that they signed the same as their fi-ee and voluntary act and decd for the uses and purposes therein mentioned I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on this document WITNESS my hand and offictal seal the day and year to (}us certificate above written S�gnattae PrIM Name , NOTARY PUBLIC in and for the, State of Washington, residing at Ualf My comnussion expues 1390M9 M0110 •7- seaoan HUNSAKEA i ABASSMAHOMVZAMWESRSH OCI,HIGHLAND9 2003121 2002040.009 STATE OF WASHINGTON ] ) ss ('AUNTY Of' ) On this_ L day of Mer , 2003, before me, allotary Public >n and for the State of Wasl'ungtan, duly commissioned and sworn, personally appeared John Humaker and Norma Jean Hunsaker, husband and wife, known to me to be the individuals armed to and who executed the foregoing document, and acknowledged to me that they signed the same as thea free and voluntary act and deed for the lues and purposcs therein mentioned I eemfy that I know or have satisfactory evidence that the persons appearing before me and rnakmg this aclmowledgpxnt are the persons whose Cue signatures appear on tbls document WITNESS my hand and official seal the day and year to this certificate above written Signature Pint Name .J NOTARY PUBLIC in and ("e to of Washrngtoa, resrdkng at � My commission expo es -g I - 139 739 L7ASN3 4- Slr$oRD HUNSALER i ABASSE ELA HOMEtiC"WEffMRAMROCK HIGH1AMM 20031212002040.010 STATE OF WASHINGTON ) 93 couNrY OF ) 0nfts-LL—dayDfheMVbW, 2003, before me, a Notary Public in and foi the State of Wasbington, duty commissioned and swum, personally appeared Timothy Hunsaker and Bonnie Hunsaker, husband and wife, known to me to be the individuals named in and who exoc ited the foregoing doeuineru, and acknowledged to me that they signed the same as their free and voluntary act and deed for the uses and purposes theoui mentwned I certify that I know or have satisfactory evidence that the persons appearing before me and making this acknowledgment are the persons whose true signatures appear on dus document WITNESS my hand and efficial seal the day and year in thus certificate above written �Slg- -Doema Prmt Name NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Ia9M139 IRM5N3 9 SUBORn 14UNSAKER r ABASMSAMMMAMWESrL MROCKHIOHLANUS 20031212002040.011 STATE OF WASH NGTON ) couKrY oF,��p�. ss On this _U____ day of he 2003, before me, a Notary Public in and for the State of Waslungton, duly commissioned and sworn, personally appeared Brian Morrisva and Cora Morrison, husband acid wife, known to me to be the tndividuals named m and who executed the foregoing document, and acknowledged to me that they signed the same as their free acid voluntary act and deed for the uses and purposes therein mentioned I ecrtsfy that I know or have satisfactory evidence that the persons appearing before me and snaking this acknowledgment are the persons whose true signab= appear on flus document WITNESS my band and official seal die day and year w this ceittficate above written ` JP - " �����uti1i���rr�rlrr�a�f s�g�rct�A I.,l. JIT a Prue Name • q . * NOTARY PUBLIC in and for the State of Waslungton, residing at 1CAAAr - -db 0 4MD- +* My commission expires B9B US WIT 0%759 1V01003 •Io SUBORd HGNSAXMI ABASSMA HOMMAMWEMIEAMFUXK HIOHLANDS STATE OF WASHINGTON } )SS Comm OF On this i,l__ day of r003, before me, &Nota y Public to and for the State of Waslvngtop, duly comr ussnoned and sworn, personally appeared John Hoyland and Barbara Hoiland, husband and wife, known to me to be the individuals named in and who executed the foregoing document, and acknowledged to me that they pgned the same as their free and voluntary act and deed for the uses and purposes tlrercan mentioned I certify that I know or have sattsfaciory mdence that the persons appeanng before me and rnalang this acknowledgment me the persons whose true signatures appear on flus docs moat WITNESS my hand and official seal the day and year to dus certificate above wntten aF 5n�11ature l C50L U. Unk he" NOTARY PUBLIC In and for the S ate of Washmgton, residing at U hk My comnusslon expt►cs 13901734 12ASdD3 .11• SUDORQ HUNSAKCtt L AHASSMBA HOMEICAM W ESM IAMROCI, HIQHLINDS 20031212002040.012 20031212002040.013 STATE OF WASHINOTON ) ) ss COUNTY OF } On this __E day of DC 2403, before me, a Notary Public in and for the State of Washington, duly commsswr►ed and sworn, personally appealed Konoeth Troseth and Sharon Troseth, husband and wf-,known to me ti) be the individuals named m and who executed the foregoing document, and acknowledged to me that they signed the same as their free and voluntary act and decd for the uses and purposes thercm mentioned I ceritfy that I know or have satisfactory evidence that the persons appearing before me and making thus acknowledgment are the persons whosc true signatures appear on tins document WITNESS my hand and official seal the day and year m thu certificate above written Signature Pant N ame NOTARY PUBLIC in and for the State of Washington, rending at My commission expues�� J)9W" 17103/07 •12• SUBDRa411iHSAKER 1 ARASSEMA HO1q MAM4JF_MSHAMROCK HIGHLANDS 28031212002040.014 STATE OF WASHINGTON ) ) ss COUNTY OF �_ ) On tins J ( • day of 2003, before me, the undersigned, a Notary Public m and for the State of Washington, duly eo=nissioned and sworn personally appeared Patntk Hunsaker, known m inn to be the Manager of J P HUN LLC, a Washington limited liability company, the limned liability, company that executed the foregoing instrument, and aclmowledged the swd insh%inmd to be the free and voluntary act and deed of said lumted liability company, for the purposes thereia mentioned, and on oath stated that he/she was anthormed to execute said instrument I certify that I know or have satisfactory evidence that the person appearing before me end Malang this acknowledgment is the person whose true signan5re appears on thus document W1TNF.SS my hand and official seal hereto affixed the day and year m the certificate above written Si�ature Trutt Nam NOTARY PUBLIC in and for the State of Washington, residing at My commission expires I' 1]90575912WA) •13— SUBORD 14UNSAKER t ABASSMA HOMSCAM 5V3:'SinBniAMROCK HIGNLANDS 2oa31212002040.01 5 STATE OF WASHINGTON) ) ss. COUNTY OF KING ) On this day personally appeared before me Douglas B. Sollitt, to me known to be a Senior Vice President of BANK OF AMERICA, N.A., the national banking association that executed the foregoing instrument, and acknowledged such instrument to be the free and voluntary act and deed of such national banking association, for the uses and purposes therein mentioned, and on oath stated that s/he was duly authorized to execute sueh instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this A� day of December, 2003. Signatur Printed Name NOTARY PUBLIC in and for the State of Washington, residing at 0AM 1'* - My Commission Expires, ffil'). O� WA� 1390\759 12M5103 -14 SUBOBD41UNSAUR L ABASSMA 11oM2CAM WEMtiAMAoCK WOHLANDS zUU3111 zoUzO40.O16 STATE OF WASH NGTON ) )SS COUNTY Ol 1? ,V. ) On 1244 day of b¢c e,&3v 4-,o 2003, before me, the undersigned, a hiotaryPu !�Irr the tate of Washington, d 1 eco Issioned and sworn personally appeared , wn to me to be tiie�of CAn:west Development, Int. a Waslungton corporation, the Managing Member of SILkMROCK HIGHLANDS, LLC, a Washington limited Lability company, the hnuted liabihty company that executed the foregoing mstrament, and acknowledged the said insCI invent to be the free and Voluntary act and deed of said limited Labilay company, for the purposes therein mentioned, and on oath stated that he was authorized to execute said instrument 1 ccrrify that I know or have satisfactory evidence that the person appearing before me and making thus admowledgment is the person whose true signature appears on this document WITNESS my hand and official seal hereto affixed the day and year m the cahficate above whiten �loW1111rrry" .S: •G o �-,/ice r Apia *� 27 2005 •; ��, tea• ;q i1P10,�`�, 0 PcnNamc NOTARY PUBLIC in and for the State of Waslungton, residing at Bq&r"w�. My conurussion expires 1396759 1?A1 M •I5- suBORD-RUNSAKER I ABAS5F6A Ho&LE1CAMWE5tL5HAMROCX HIGHLANDS 20031212002040.017 EXHIBIT A LE',GAL DESCRIPTION OF PROPERTY PARCEL A, THE EAST 1I2 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M , EXCEPT THE EAST 100 FEET OF THE SOUTH 150 FEET THEREOF, AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E 128T" STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS 5755891 AND 5755892, SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON PARCEL B. THE EAST 100 FEET OF TETE SOUTH 150 FEET OF THE EAST 111 OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S E 128TH STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NO 5755891, SITUATE IN THE CITY OF RENTON, COUNTY Of KING, STATE OF WASHINGTON PARCEL C: THE NORTH 112 OF THE NORTH 112 OF THE SOUTH 112 OF THE NORTH 112 OF THE EAST 112 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE EAST 280 FEET THEREOF. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 280 FEET, EXCEPT THAT PORTION THEREOF FOR 149TH AVENUE S E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL D. THE SOUTH 112 OF THE NORTH 112 OF THE SOUTH 1/2 OF THE NORTH 112 OF THE EAST 112 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT COUNTY ROAD, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON 131104754 F7/DM d6• SUBOit"kJNSAM I ABASSMA NO?4EcAmwEST MMWCK HIONLANDS PARCEL E. THE WEST 794 FEET OF THE SOUTH 112 OP THE SOUTH 1l2 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON, ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENTNO S90M0351. PARCEL F: THE SOUTH lit OF THE SOUTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE S EAST W M, AND EXCEPT T14E WEST 794 FEET THEREOF, AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREOF, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL G: THE NORTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THE NORTH 168 fly FEET OF THE EAST 302 15 FEET THEREOF, AND EXCEPT THAT PORTION THEREOF FOR 14a" AVENUE S E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL H: THE NORTH 163 05 FEET OF THE EAST 3 02 15 FEET OF THE NORTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST I/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W M, EXCEPT THAT PORTION THEREOF FOA 148n{ AVENUE S E RIGHT OF WAY SITUATE TAI THE COUNTY OF KING, STATE OF WASHINGTON PARCEL 1: THAT PORTION OF THE SOUTH U2 OF THE NORTHWEST 114 OF THE SOUTHEAST I/4 OF THE SOUTHEAST 114 OF SECTION I0, TOWNSHIP 25 NORTH, RANGE 5 EAST W. M, DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTH 1/2, THENCE NORTH 88°20'44" WEST ALONG THE NORTH LINE OF SAID SOUTH 1/2, 50 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING NORTH 88°20'44" WEST, 216 94 FEET, THENCE SOUTH 00°15'25" WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH 1/2,329 36 FEET TO THE SOUTH LINT_ THEREOF, THENCE SOUTH 88°20'52" EAST ALONG THE SOUTH LINE OF SAID SOUTH 111, 266 94 FEET TO THE SOUTHEAST CORNER THEREOF, 139(Vs4 12m3m -il- ABASS"A ROM:CAIHWESMiL.MftOC� IUC)IiLANDS SUBORD-HUNSAKER [ 1Muj7111UU204u.U95 THENCE NORTH 00015'25" EAST ALONG THE EAST LINE OF SAID SOUTH 112, 313 35 FEET TO A POINT 16 FEET SOUTHERLY OF SAID NORTHEAST CORNER, THENCE NORTH 88°20'44" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTH 1/2,50 FEET, THENCE NORTH 00°1525" EAST PARALLEL WITH THE EAST LINE OF SAID SOUTH 111,16 FEET TO THE TRUE POINT OF BEGINNING, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL .I: THE SOUTH 112 OF THE NORTH 112 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M, EXCEPT THE NORTH 132 FEET THEREOF. AND EXCEPT THE EAST 286 FEET THEREOF, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON PARCEL K: THE NORTH 16 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST, W M, EXCEPT THAT PORTION THEREOF FOR 148TH AVENUE S E RIGHT OF WAY, SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON 1390%75R20510 -11 SUBORD HUMAKER 1 AHASSL%BAHOMM MWEMHAMROCI,HIGHLANDS 0 AFTER RECORDING RETURN TO: RICHARD J. POWERS Attorney At Law 800 Bellevue Way N.E., Suite 300 Bellevue, WA 98004 103Ab_X 4W9110RIfa 3 1A a-430y%g 70Y k 4300 aPf THx D OF UST is made as of October 1, 2001, and am g: GRANTOR: SHAMROCK HIGHLANDS, LLC, a Washington Limited Liability Company; whose address is: 411 - 108th Ave. N.E., Suite 1970, Bellevue, Washington 98004; and (Grantor is also sometimes referred to hereinafter as "Borrower") ; FILED FOR RECORD Al THE REQUEST OF TRANSNAMN TITLE INSURANCE 00 Trustee: RICHARD J. POWERS, Attorney At Law, whose address is: 800 Bellevue Way N. E., Shite 300, Bellevue, Washington 98004; and GRANTEE (Beneficiary): BASE CAPITAL, L.L.C., a Washington Limited Liability Company; c whose address is: 411 - 108th Ave. N.E., Suite 1970, Bellevue, o Washington 98004 (Grantee -Beneficiary is also sometimes referred to hereinafter as 1'LMder11) . Grantor hereby irrevocably GRANTS, 'TRANSFERS, CONVEYS and ASSIGNS to Trustee, IN TRUST, WITH POWER OF SALE, all of Grantor's present and future estate, right, title, claim and interest, either in law or in equity, in and to the Property as herein described, located in King County, Washington, the legal description of the real property of which is as set forth on attached Exhibit "A". (FULL LEGAL PAGES 16, 17 & 18) Abbreviated Legal description: Portions of Section 10, Township 23 North, Range 5, EWM Tax Parcel, No's. 102305-9040-09; 102305-9304-00; 102305-9319--03; 102305--9022-01; 102305-9415-06; 102305-9174-07; 102305-9031-00; 102305-9191-06; 102305-9384-03 TO SECURE THE FOLLOWING (collectively, the "Secured Obligations"): (1) Payment of the sum of THREE MILLION FIVE HUNDRED THOUSAND AND 00/100 DOLLARS ($3,500,000.00), with interest thereon, according to the terms of a Promissory Note ("note") and 1 Loan Agreement ("Loan Agreement") of even date, made by Borrower and payable to Lender, including any and all modifications, extensions, additional advances, renewals and replacements thereof, plus costs and other charges as provided in such Note and Loan Agreement. The Note may provide for adjustments of the interest rate, and/or may contain a provision authorizing negative amortization, and if negative amortization occurs, the loan amount may increase, (2) Payment of all sums advanced to protect the security of this Deed of Trust, together with interest thereon as herein provided; (3) Payment and performance of all other sums and obligations that are or which may become owing under the Loan Documents; and (4) Payment and performance of all amounts due and obligations existing under any other agreement or instrument that specifically provides it is secured by this need of Trust, "Loan Documents" means the Note, Loan Agreement, this Deed of Trust, any construction loan agreement and Uniform Commercial Code Security Agreement and Financing Statement executed in connection herewith, and any other instrument or document evidencing or securing the Secured Obligations or otherwise executed in connection therewith, including any and all modifications, extensions, renewals and replacements thereof. w (5) In the event of any conflict in the wording between e� C'+ this Deed of Trust and the Note and Loan Agreement, the Note and C_ Loan Agreement terms and conditions shall prevail. rn (6) Grantor warrants that the loan evidenced by the Loan c Documents is a commercial loan for business and investment �- purposes, and is not a consumer loan for personal, family or household purposes. 0 0 N GRANTOR HERESY REPRESENTS, WARRANTS, COVENANTS AND AGREES AS FOLLOWS: 1. PROPERTY. 1.1 Property Defined: As used herein, the term "Prorertv'l includes all of the following: (a) The real property described on Exhibit "A" hereto and all interest therein, and all accessions thereto, and all rights to the alleys, streets and roads adjoining or abutting the real property (the "Land"), (b) All buildings, improvements and tenements now or hereafter located on the Land, or appurtenant thereto, and all fixtures and materials (and renewals, substitutions and replacements thereof) that are now or hereafter affixed to, placed on or used in connection with the Land (collectively, the "Im rovements"); (c) To the extent the same are not Improvements, all articles of property now or hereafter attached to, or used or adapted for use in the ownership, development, operation or maintenance, of the Land and/or Improvements (whether such items be leased, owned absolutely or subject to any title -retaining or security instrument, or otherwise used or possessed), including without limitation all heating, cooling, air-conditioning, ventilating, refrigerating, plumbing, generating, power, lighting, laundry, maintenance, incinerating, lifting, fire prevention and extinguishing, security and access control, cooking, gas, electric and communication fixtures, equipment and apparatus; all engines, motors, conduits, pipes, pumps, tanks, ducts, compressors, boilers, water heaters and furnaces; carpeting, floor covering, panelling, and draperies; all shrubbery and plants; all of which items shall be deemed part of the real property and not severable wholly or in part without material injury to the freehold; PROMDED H!I VER, personal property and trade fixtures owned or supplied by tenants of the Property with the right of removal on or before the termination of the tenancy shall not be included within the scope of this paragraph; (d) All easements, all access, air and development rights, all minerals and oil, gas and other hydrocarbon substances, all royalties, all water, water rights and water stock, and all other rights, hereditaments, privileges, permits, licensed franchises, and appurtenances now or hereafter belonging or in any way appertaining to the Land; (e) All of the rents, revenues, issues, profits and income of the Property, and all right, title and interest of Grantor in and to all present and future leases and other cn agreements for the occupancy or use of all or any part of the Land, and all right, title and interest of Grantor thereunder, including without limitation all cash or security deposits, advance rentals and deposits or payments of similar nature, and Q, all guarantees of tenants' or occupants' performance under any and all leases or agreements of occupancy or use of all or part 0 of the Land; SUBJECT, HOWEVER, to the assignment to Lender of a rents and other property herein contained; o (f) All intangible personal property used or o useful in connection with the ownership, development, operation or maintenance of the Land or Improvements (including without limitation, permits, licenses, franchises, the right to use any trade names, contract rights, accounts receivable, leases and rental agreements, escrow accounts, insurance policies, tenant and other deposits, instruments, documents of title, general intangibles, and business records pertaining to the Land or Improvements); (g) Materials, supplies, and other goods (collectively, "Materials") now owned or hereafter acquired, wherever located, whether in the possession of Grantor, a warehouseman, bailee, or any other person, purchased for use in the construction or furnishing of Improvements on the Land, together with any documents covering such Materials, all contract rights and general intangibles relating thereto, and proceeds thereof; (h) All site plans, plats, architectural plans, specifications, working drawings, surveys, engineering reports, test borings, market surveys, and other work products relating to the development of the Property; (i) All of Grantor's rights under a construction contract (if any) relating to Improvements and all amendments thereto, together with all of the right, title and interest of Grantor in, to and under any and all performance, payment, completion or other surety bonds now or hereafter issued by any surety in connection with or related to the aforesaid construction contract, insofar as the same may be transferable without breach of such agreement or bond; (j) All proceeds of the foregoing; 1.2 warranty of Title: Grantor represents and warrants that: Grantor is lawfully seized of the estate hereby conveyed and has the right to grant, convey and assign the Property; the Property is free from liens, encumbrances, c, N exceptions and other charges of any kind whatsoever other than those set forth in the attached Exhibit "B" (the "Permitted Exceptions"); no other liens, or encumbrances, whether superior or inferior to this Deed of Trust, will be created or suffered to be created by Grantor during the life of this Deed of Trust without the prior written consent of Lander; that no default on the part of Grantor or any other person exists under any of the Permitted Exceptions and, as applicable, all are in full force and effect and in good standing, and without modification except as disclosed in writing to Lender; and Grantor will forever warrant and defend the Property unto Lender against all claims and demands of any other person whoever, subject only to the non - delinquent installments of taxes and assessments and Permitted Exceptions. As to any mortgages, deeds of trust, real estate contracts or other liens that are Permitted Exceptions ("Liens"), Grantor covenants and warrants that: (i) Complete and current copies of the agreements relating to those Liens have been furnished to Lender, and none have been or will be modified in any way without Lender's prior written consent; (ii) Grantor is not in default with respect to those Liens and the outstanding balance of the Lien, as set forth in Grantor's application for credit or other document delivered to Lender, is accurate; (iii) Grantor will fully comply with all agreements relating to the Liens and will deliver a copy of any notice of default or non- performance related thereto to Lender; (iv) Lender has the right at any time and from time to time to contact the holder of any Lien to confirm the status of or obtain other information related to the Lien, and Grantor will, from time to time, at the request of Lender, request of the lienholder a certificate stating that any agreements pertaining to a Lien are in Pull force and effect, are unmodified, that no notice of default thereunder has been served on the Grantor, and specifying any defaults thereunder, if any. 1.3 Ncn_Agricultupal Use: Grantor represents and warrants that the Property is not used principally for agricultural purposes. 1.4 Hgzardq3asgMbstances: (a) Representations and Warranties: Grantor represents and warrants that to the best of its knowledge after due inquiry and inspections as follows: Grantor is unaware of any information pertaining to the subject matter of the presence or absence of hazardous substances in, on or about the Property that has not been communicated to the Grantee/Beneficiary. Grantor covenants and agrees that during the terns of this Deed of Trust, Hazardous Substances will not be generated, processed, stored, transported, handled or disposed of on the Property by any person or entity whom Grantor has a right to control, except in accordance with all applicable laws. "Hazardous Substance" means any substance that is or becomes regulated under any federal, state or local statute, ordinance, rule, regulation or other law, now or hereafter in effect pertaining to environmental protection, contamination or cleanup. (b) Indemnity. Grantor shall defend, hold harmless and indemnify Lender and its directors, officers, employees, Members, and agents from and against any claims, demands, penalties, fees, liens, damages, losses, expenses or liabilities arising out of or in connection with any alleged or actual past or future presence on or emissions from the Property of any Hazardous Substance for any reason whatsoever unless caused by Beneficiary after foreclosure or deed in lieu of foreclosure; it being intended that Grantor's obligation under this section shall be strict and absolute without regard to any fault by Grantor. This indemnity shall survive full payment of all amounts secured m cv c crs 0 0 0 c� by this Deed of Trust and the reconveyance or foreclosure of this Deed of Trust. (c)Notification; Cleanup. Grantor shall immediately notify Lender if Grantor (i) becomes aware of any Hazardous substance problem or liability with respect to the Property, (ii) receives any notice of or becomes aware of any actual or alleged violation with respect to the Property of any federal state or local statute, ordinance, rule, regulation or other law pertaining to Hazardous Substances, or (iii) becomes aware of any lien or action with respect to any of the foregoing. Grantor will, at its sole expense, take all actions as may be necessary or advisable for the cleanup of Hazardous substances with respect to the Property, including without limitation, all removal, containment and remedial actions in accordance with all applicable laws and in all events in a manner satisfactory to Lender, and shall further pay or cause to be paid all cleanup, administrative and enforcement costs of governmental agencies if obligated to do so by contract or by law. (d) Richt of Entry. Lender is hereby authorized to enter the Property, including the interior of any structures, at reasonable times, and from time to time, after reasonable notice, for the purpose of inspecting the Property to ascertain the accuracy of all representations and warranties in this Deed of Trust relating to Hazardous Substances, and the observances of all covenants contained in this section. 1.5 Payment of Taxes Utilities. Except as the same may otherwise be paid out of Reserves (defined below), Grantor will pay when due all taxes and assessments (including without limitation, nongovernmental levies or assessments) levied, assessed or charged against or with respect to the Property or this Deed of Trust. Upon request, Grantor shall promptly furnish to Lender all notices of amounts due under this subsection and all receipts evidencing such payments. Grantor will pay when due all utility charges and assessments for services furnished to the Property. Grantor will pay when due the claims of all persons supplying labor or materials to or in connection with the Property. Without waiving the restrictions against liens and encumbrances set forth herein, Grantor will promptly discharge any lien or other charge, whether superior or inferior to this Deed of Trust, claimed against the Property; PROVIDED THAT Grantor shall have the right to contest the amount or validity in whole or in part of any lien or other charge against the Property by appropriate proceedings conducted in good faith and with due diligence, in which event Grantor, upon prior written notice to Lender, may postpone or defer payment of such encumbrance, lien or charge if, and so long as, (i) such proceedings shall operate to prevent the collection of the encumbrance, lien or charge; (ii) neither the Property nor any part thereof will by reason of such postponement or deferment be in danger of being forfeited or lost; and (iii) Grantor, before the date such encumbrance, lien or charge becomes delinquent, gives such reasonable security as may be requested by Lender to ensure payment of such encumbrance, lien or charge and prevent any forfeiture or loss of the Property or any part thereof. If at any time there shall be assessed or imposed on Lender any tax (except income tax), assessment, or other charge measured by or based on any portion of the indebtedness secured by this Deed of Trust, Grantor shall pay such amount to Lender on demand; provided that if any such payment would be unlawful Lender may declare the entire principal balance and all accrued interest immediately due and payable. 1.6 Maintenance of Property; Alteration] Richt of Entry: Grantor (i) will maintain and preserve the Property in good condition and repair, and will not commit or permit any waste, impairment or deterioration of the Property, (ii) will not abandon the Property, (iii) will restore or repair promptly and in a 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 the costs of such restoration or repair, and (iv) will generally operate and maintain the Property in a manner to ensure maximum revenue. No building or other Improvement on the Land will be structurally altered, removed or demolished, in whole or in part, without Lender's prior written consent, nor will any future or chattel covered by this Deed of Trust be removed at any time without like consent unless actually replaced by an article of equal suitability, owned by Grantor free and clear of any lien or security interest except such as may be approved in writing by Lender. Lender is hereby authorized to enter the Property, including the interior of any structures, at reasonable times and after reasonable notice, for the purpose of inspecting the Property, ascertaining compliance with this Deed of Trust, or for the purpose of performing any of the acts it is authorized to perform hereunder. 1.7 Parkina: Grantor will take all actions as are necessary to provide parking facilities in kind, Size and location to comply with all governmental zoning and other regulations, and all leases. 1.8 ITS ofProperty: Grantor will comply with all laws, ordinances, regulations and requirements of any governmental body, and all other covenants, conditions and restrictions, applicable to the Property, and pay all fees and charges in connection therewith. Unless required by applicable Law or unless Lender has otherwise agreed in writing, Grantor will not allow changes in the use for which all or any part of the ProCNO perty was intended at the time this Dead of Trust was executed. Grantor will not initiate or acquiesce in a change in the zoning classification of the Property without Lender's prior written consent. 1.9 Insurance „gra%fEAge Re fired: Grantor will keep the following insurance coverages in effect with respect to the Property: (i) Insurance against lose by fire and the hazards now or hereafter covered by the standard "extended coverage" form of insurance, in an amount equal at all times to the full insurable value of the Improvements then located on the Property, which during any construction of the Improvements that occurs during the term of this Deed of Trust shall be an "all risk/builder's risk" special form policy. All insurance coverage shall contain a "replacement cost indorsement" without reduction for depreciation, and loss of rents and/or business interruption insurance coverage, a fluctuating value indorsement with a waiver of the co-insurance clause (or an agreed amount indorsement with an inflation guard indorsement), and such other indorsements as Lender may reasonably request. The policy shall not contain a co- insurance clause, unless permitted by Lender. (ii) Comprehensive public liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Property. (iii) Flood insurance, if the Property is located in a designated flood hazard area. (iv) Insurance against such similar or other hazards, casualties, liabilities and contingencies, as Lender may from time to time reasonably require. Each insurance policy will be with a company, in a form, and with terms and amounts acceptable to Lender. Each hazard insurance policy will include a Form 438BFU or equivalent mortgagee indorsement in favor of and in form acceptable to Lender. All policies will provide for at least thirty (30) days' written notice to Lender prior to the effective date of any cancellation or material amendment (including reduction in the scope or limits of coverage). Grantor shall furnish to Lender the original of each required insurance policy, or a certified copy thereof or certificate of insurance setting forth the coverage, the limits of liability, the carrier, the policy numbei and the expiration date. As security for the Secured Obligations, Grantor hereby assigns to Lender all required insurance policies, together with all proceeds thereof, rights thereto and all unearned premiums returnable upon cancellation. Grantor shall promptly furnish to Lender all renewal notices relating to insurance policies. Except as the same may otherwise be paid out of Reserves, Grantor will pay all premiums on insurance policies directly to the carrier. At least thirty (30) days prior to the expiration date of each such policy, Grantor shall furnish to Lender a renewal policy in a form acceptable to Lender, together with evidence that the renewal premium has been paid. 1.10 Insurance Proceeds: in the event of any loss, Grantor will give prompt written notice thereof to the insurance w carrier and to Lender. Grantor hereby authorizes Lender as Grantor's attorney-in-fact to make proof of loss, to adjust and eh compromise any claim, to commence, appear in and prosecute, in � Lender's or Grantor's name, any action relating to any claim, and C% to collect and receive insurance proceeds; provided, however, "' that Lender shall have no obligation to do so. Lender shall CM apply any insurance proceeds received by it hereunder first to a the payment of the costs and expenses incurred in the collection of the proceeds and then, in its absolute discretion (excepted as provided below) and without regard to the adequacy of its Nsecurity, to: (i) The payment of indebtedness secured hereby, whether then due and payable or not, and any application of proceeds to principal shall be without the imposition of any prepayment premium or penalty, but shall not extend or postpone the due dates of the installment payments under the Note, or change the amounts thereof; or (ii) The reimbursement of Grantor, under Lender's prescribed disbursement control procedures, for the cost of restoration or repair of the property. Lender may, at its option, condition the reimbursement on Lender's approval of the plans and specifications of the reconstruction, contractor's cost estimated architect's certificates, waivers of liens, sworn statements of mechanics and materialmen, and such other evidence of costs, percentage completion of construction, application of payments and satisfaction of liens as Lender may reasonably require. Except to the extent that insurance proceeds are applied to payment of the indebtedness secured hereby under clause (i) above, nothing herein contained shall be deemed to excuse Grantor from restoring, repairing or maintaining the Property, regardless of whether or not there are insurance proceeds available or whether any such proceeds are sufficient in amount. if the Property is foreclosed and sold or if Lender otherwise acquires title to the Property, Lender shall have all of the right, title and interest of Grantor in and to any insurance policies and unearned premiums thereon and in and to the proceeds resulting from any damage to the Property occurring prior to such sale or acquisition. 1.11 Condemnation: Grantor will promptly notify Lender of any action or proceeding relating to any condemnation or other taking (including without limitation any change in the grade of the property), whether direct or indirect, of the Property or part thereof or interest therein, and Grantor will appear in and prosecute any such action or proceeding unless otherwise directed by Lender in writing. Grantor authorizes Lender, at Lender's option, as attorney-in-fact for Grantor, to commence, appear in and prosecute, in Lender's or GrantorTs name, any action or proceeding relating to any such condemnation or other taking, and to settle or compromise any claim in connection with such condemnation or other taking, provided, however, that Lender shall have no obligation to do so. All awards, payments, damages (direct, consequential and otherwise) claims, and proceeds thereof, in connection with any such condemnation, are hereby assigned to Lender, and all proceeds of any such awards, payments, damages or claims shall be paid to Lender. Lender shall apply any such proceeds in the manner and upon the terms and conditions set forth in Section 1.10 relating to the application of insurance proceeds. 1.12 Advances to protect Lender's Security: Grantor will give notice to Lender of and will, at its expense, appear in and defend any action or proceeding that might affect the Property or title thereof or the interests or rights of Lender or Trustee, if any such action or proceeding is commenced or if Lender or Trustee is made a party to any such action or proceeding by reason of this Deed of Trust, or if Grantor fails to perform any obligation on its part to be performed hereunder, then Lender and/or Trustee, each in its own discretion may make any appearances, disburse any sums, make any entries upon the Property and take any actions as may be necessary or desirable to „ protect or enforce the security of this Deed of Trust, to remedy M Grantor's failure to perform (without, however, waiving any default by Grantor) or otherwise to protect Lender's or Trustee"s c� interests. Grantor agrees to pay all loss, damage, costs and Q' expenses, including reasonable attorneys' fees, of Lender and b Trustee thus incurred. This paragraph shall not be construed to o require Lender or Trustee to incur any expenses, make any T appearances or take any actions. All amounts disbursed by Lender and Trustee pursuant to this section or any other provision of CD this Deed of Trust, plus interest thereon, shall be additional "' indebtedness of Grantor secured by this Deed of Trust. A11 such amounts shall accrue interest from the date of disbursement at the interest rate in effect on the Note from time to time. 1.13 Books gnd Records; Financial Statements: Grantor will keep and maintain at Grantor's address stated above, or such other place as Lender may approve in writing, accounts and records adequate to reflect correctly the results of the operation of the Property and copies of all written contracts, leases and other instruments that affect the property. Such items shall be subject to examination, inspection and copying at any reasonable time by Lender. Grantor shall provide to Lender within sixty (60) days after the end of Grantor's fiscal year, a balance sheet for Grantor, Grantor's most recent federal income tax return (if that is not available within the sixty (60) days, then it shall be provided as soon thereafter as it is available), a statement of income and expenses of the Property, and a statement of changes in financial position with respect to the Property for the prior year, each in reasonable detail and certified by Grantor, and if Lender shall require, by an independent certified public accountant. At the same time, Grantor shall also furnish a rent roll for the Property, certified by Grantor, showing the name of each tenant, the space occupied, the lease expiration date, the monthly rent, the date to which rent has been paid, and any deposit Grantor is holding. In addition, Grantor will furnish to Lender within twenty (20) days after Lender's request therefore, a complete and current financial statement, in reasonable detail on any general partner and any guarantor of all or any part of the Secured Obligations, together with a true and correct copy of such person's most recent federal income tax return. 2. RESERVES. (Not applicable.) 3. USTRICTIONS ON -TRANSFER OR ENCUMBRANCE. Grantor acknowledges and agrees that the Secured Obligations are personal to Grantor or any successor -in -interest approved by Lender, and neither the Property not any part thereof or interest therein shall be encumbered, sold (by contract or otherwise), conveyed, or otherwise transferred by Grantor, except as provided in the Loan Agreement; nor shall there be any change in (i) the ownership or control of any of Grantor's stock if Grantor is a corporation, (ii) the ownership or control of any general partnership interest in Grantor if Grantor is a general or limited partnership, (iii) the ownership of any beneficial interests if Grantor is not otherwise a natural person or persons, or (iv) the ownership of stock or any general partnership interest in any corporation or partnership that has an ownership interest in Grantor. Any such action without Lender's prior written consent shall be deemed to increase the risk of Lender, and shall constitute a default if not corrected within five (5) days after Lender's delivery of written demand to Grantor. Lender may, in its sole discretion, consent to any such action, subject to such terms and conditions as Lender may require, including without limitation the payment of a transfer review fee and/or an assumption fee equal to it of the principal ,,n balance, and/or an increase in the interest rate on the t.m indebtedness secured hereby (such increase not to exceed a total N of 18% per annum). In such event Lender shall not be required to c release the original obliger or any other party liable For the C= - Secured Obligations. 0 4. UNIFORM CO=RQJJL CODE SECURITY AGREEMENT. This Deed of Trust is a security agreement pursuant to the Uniform Q Commercial Code with respect to: (a) any of the Property that, under applicable law, is not real property or effectively made part of the real property by the provisions of this Deed of Trust; and (b) any and all other property now or hereafter described on any Uniform Commercial Code Financing Statement naming Grantor as Debtor and Lender as secured Party in any way connected with the use and enjoyment of the Property (any and all such other property constituting "Property" for purposes of this Deed of Trust); and Grantor hereby grants Lender a security interest in all property described in clauses (a) and (b) above as security for the secured obligations. Grantor and Lender agree, however, that neither the foregoing grant of a security interest nor the filing of any such financing statement shall ever be construed as in any way derogating from the parties' intent that everything used in or adapted for use on the Property or which is described or reflected in this Deed of Trust is and at all times shall be regarded for all purposes as part of the real property. With respect to Property subject to the foregoing security interest, Lender has all rights and remedies (i) of a secured party under the Uniform Commercial Code, (ii) provided herein, including without limitation the right to cause such Property to be sold by Trustee under the power of sale granted by this Deed of Trust, and (iii) provided by law. in exercising its remedies, Lender may proceed against the items of real property and any items of personal property separately or together and in any order whatsoever, without in any way affecting the availability of Lender's remedies. Upon demand by Lender following default, Grantor will assemble any items of personal property and make them available to Lender at the Property (a place which is hereby deemed to be reasonably convenient to both parties). Lender shall give Grantor at least ten (14) days' prior written notice of the time and place of any public sale or other disposition of such Property or of the time of or after which any private sale or any other intended disposition is to be made. Any person permitted by law to purchase at any such sale may do so. Such Property may be sold at any one or more public or private sales as permitted by applicable law, All expenses incurred in realizing on such Property shall be borne by Grantor. P] 5. ASSIGNMENT OF RENTS AND LEASES; LEASES OF PROPERTY: APPOINTMtNT OF RECEIVER; LENDER IN POSSESSION. (Not applicable.) U. CONSTRUCTION LOAN PROVISIONS. (Not applicable.) 7. EVENTS OT DEFAULT. 7.1 pefinition of Default: The occurrence of any one or more of the following shall constitute a "default" or an "event of default" hereunder: (i) Failure to make any payment under the Note, this Deed of Trust, or any of the other Loan Documents as and when due, after expiration of any notice and grace period, if any. (ii) Failure to perform any other covenant, agreement cry or obligation under this Deed of Trust, or any of the other Loan Documents, or any breach of warranty thereunder, and the failure tv to cure such default within the stated cure period (or if none is C__ stated, then failure to cure within thirty (30) days after Lender's delivery of written notice to Grantor, or if such cure cannot in Lender's opinion be completed within such thirty (30) day period, failure by Grantor to commence the required cure �- within such thirty (30) day period, and thereafter to continue the cure with diligence and to complete the cure within ninety c� (90) days after Lender's delivery of such demand). 0 N (iii) Grantor files a petition in bankruptcy or for a reorganization or any other form of debtor relief; or such a petition is filed against Grantor, or a decree or order is entered for the appointment of a trustee, receiver or liquidator for Grantor or Grantor's property) or Grantor commences any proceeding for dissolution or liquidation; or any such proceeding is commenced against Grantor, and any of the same are not dismissed within forty-five (45) days after the date of commencement. (iv) Grantor makes an assignment for the benefit of its creditors, or admits in writing its inability to pay its debts generally as they become due, or there is an attachment, execution or other judicial seizure of any portion of Grantor s assets and such seizure is not discharged within ten (10) days. (v) Any representation or disclosure made to Lender by Grantor or any guarantor in connection with the Loan proves to be materially false or misleading when made, whether or not that representation or disclosure is expressly set forth in the Loan Documents. 7.2 Acc9leration Upon Default; Additional Remedies: Upon any default, Lender may, at its option and without notice to or demand upon Grantor, exercise any one or more of the following actions: Declare all amounts secured by this Deed of Trust immediately due and payable; bring a court action to enforce the provisions of this Deed of Trust or any of the other Loan Documents; foreclose this Deed of Trust as a mortgage; cause any or all of the Property to be sold under the power of sale granted by this Deed of Trust in any manner permitted by applicable law) and/or exercise any or all of the other rights and remedies under this Deed of Trust and the other Loan Documents or available under law or in equity. To the extent permitted by law, every right and remedy provided in this Deed of Trust is distinct and cumulative to all other rights or remedies under this Deed of ^rust or afforded by law or equity or any other agreement between Lender and Grantor, and may be exercised concurrently, 10 independently or successively, in any order whatsoever. Lender may exercise any of its rights and remedies at its option without regard to the adequacy of its security. 7.3 ExerCise of Power of SAle: For any sale under the power of sale granted by this Deed of Trust, Lender or Trustee shall record and give all notices required by law and then, upon the expiration of such time as is required by law, Trustee may sell the Property upon any terms and conditions specified by Lender and permitted by applicable law. Trustee may postpone any sale by public announcement at the time and place noticed for the sale. If the Property includes several lots or parcels, Lender in its discretion may designate their order of sale or may elect to sell all of them as an entirety. The Property, real, personal and mixed, may be sold in one parcel. To the extent any of the Property sold by the Trustee is personal property, then Trustee shall be acting as the agent of the Lender in selling such Property. Any person permitted by law to do so C -Q may purchase at any sale. Upon any sale, Trustee will execute C-2 and deliver to the purchaser or purchasers a deed or deed M conveying the Property sold, but without any covenant or C14 warranty, express or implied, and the recitals in the Trustee's cz� deed showing that the sale was eonduoted in compliance with all C" the requirements of law shall be prima facie evidence of such C= compliance and conclusive evidence thereof in favor of bona fide CZ3. purchasers and encumbrances for value. r 7.4 Application of sale PrQoeeds: Except as otherwise required by applicable law, the proceeds of any sale under this Deed of Trust will be applied in the following manner: FIRST: Payment of the costs and expenses of the sale, including without limitation Trustee's fees, legal fees and disbursements, title charges and transfer taxes, and payment of all expenses, liabilities, and advances of Trustee, together with interest on all advances made by Trustee from date of disbursement at the applicable interest rate under the Note from time to time; SECOND: Payment of all sums expended by Lender under the terms of this Deed of Trust and not yet repaid, together with interest on such sums from date of disbursement at the applicable interest rate under the Note from time to time; THIRD: Payment of all other indebtedness secured by this Deed of Trust in any order that the Lender chooses; FOURTH: The remainder, if any, to the person or persons legally entitled to it. 7.5 Waives of Order of Sale and Marshalling: Lender shall have the right to determine the order in which any or all portions of the secured indebtedness are satisfied from the proceeds realized upon the exercise of any remedies provided herein. Grantor, any party who consents to this Deed of Trust, and any party who now or hereafter acquires a security interest in the Property and who has actual or constructive notice hereof, hereby waives any and all right to require marshalling of assets in connection with the exercise of any of the remedies permitted by applicable Law or provided herein or to direct the order in which any of the Property will be sold in the event of any sale under this Deed of Trust. 7.6 Non -waiver of Defaults: The entering upon and taking possession of the Property, the collection of the proceeds of fire and other insurance policies or compensation or awards for any taking or damage of the Property, and the application or release thereof as herein provided, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. 7.7 Exempti_gJ3 QUrinb Redemption Period: If this Deed of Trust is foreclosed as a mortgage and the Property sold at a foreclosure sale, the Purchaser may during any redemption period allowed, make such repairs or alterations on the Property as may 11 w m N C C O C=D be reasonably necessary for the proper operation, care, preservation, protection and insuring thereof. Any sums so paid, together with interest thereon from the time of such expenditure at the default rate of interest stated in the Note shall be added to and become a part of the amount required to be paid for redemption from such sale. 7.8 FQreclosure Subject to Tenancies: Lender shall have the right at its option to foreclose this Deed of Trust subject to the rights of any tenant or tenants of the Property, 7.9 Lender's and Trustee's Expenses: Grantor will pay all of Lender's and Trustee's expenses incurred in any efforts to enforce any terms of this Deed of Trust, whether or not any suit is filed, including without limitation reasonable legal fees and disbursements, inspection fees, foreclosure costs and title charges. All such sums, with interest thereon, shall be additional indebtedness of Grantor secured by this Deed of Trust. Such sums shall be immediately due and payable and shall bear interest from the date of disbursement at tha default Rate of interest stated in the Note, or the maximum rate which may be collected from Grantor under applicable law if that is less. 8.1&pplication of Paygents. Except as expressly provided otherwise herein or in any of the other Loan Documents, or as required under law, amounts received under the Note or otherwise in connection with the Secured Obligations shall be applied against the secured Obligations as Lender may elect, in its sole discretion. 8.2 Ribeonyeyance: Upon payment of all sums secured by this Deed of Trust, Lender shall request Trustee to reconvey the Property and shall surrender this Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled thereto. The grantee in any reconveyance may be described as the "person or persons legally entitled thereto", and the recitals therein of any matters or facts shall be conclusive proof of the truthfulness thereof. Such persons shall pay all costs of reconveyance and recordation, including any fee charged by the Trustee, 8.3 Successor Trustee: In accordance with applicable law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder. The successor trustee shall succeed to all the title, power and duties conferred upon the Trustee herein and by applicable law. 8.4 Lender's Powers and Obligations: Without affecting the liability of any person for payment or performance of th6 Secured Obligations or any of Lender's rights or remedies, Lender, at its option, may extend the time for payment of the indebtedness secured hereby or any part thereof reduce payment thereon, release anyone liable on any of said indebtedness, accept a renewal note or notes therefor, modify the terms and time of payment of the indebtedness, permit an assumption of the Secured Obligations and/or transfer of the Property, release the lien of this Deed of Trust on any part of the Property, or consent and/or cause Trustee to consent to the making of any map or plat of the Property, consent or cause Trustee to consent to the granting of any easement or creating any restriction on the Property, or join or cause Trustee to join in any subordination or other agreement affecting this Deed of Trust or the lien hereof. Grantor shall pay Lender a reasonable service charge, together with such title insurance premiums and attorneys' fees as may be incurred at Lender's option, for any such action if taken at Grantor's request. This Deed of Trust Is intended to 12 0 0 benefit Lender and provide security to it, and no third party shall be deemed to be owed any obligations or to have any rights or benefits by reason of any provisions herein or by Lender's election to exercise or not exercise any right or remedy set forth herein or to take any other action permitted hereunder. 8.5 NN Violation of Usury Laws: Interest, fees and charges collected or to be collected in connection with the indebtedness secured hereby shall not exceed the maximum, if any, permitted by any applicable law. If any such Law is interpreted so that said interest, fees and/or charges would exceed any such maximum, and Grantor is entitled to the benefit of such law, then: (a) such interest, fees and/or charges shall be reduced by the amount necessary to reduce the same to the permitted maximum, and (b) any sums already paid to Lender which exceeded the permitted maximum will be refunded. Lender may choose to make the refund either by treating the payments, to the extent of the excess, as prepayments of principal or by making a direct payment to the person(s) entitled thereto. No prepayment premium shall be assessed on prepayments under this paragraph. The provisions of this paragraph shall control over any inconsistent provision of this Deed of Trust or the Note or any other Loan Documents. 8.6 Subdivision: Grantor hereby consents to a subdivision of the Property if Lender, in its sole discretion, determines such subdivision is necessary or desirable to preserve Lender's lien or the value of its security (including but not limited to the situation in which part but not all of the Property may be subject to environmental contamination and Lender wishes to foreclose on part, but not all, of the Property, or wishes to Convey its interest as to part, but not all of the Property). 8.7 Additional Dacument.s:_Power of_Attorngy: Grantor, from time to time, will execute, acknowledge and deliver to Lender upon request, and hereby irrevocably appoints Lender its attorney-in-fact to execute, acknowledge, deliver and if appropriate file and record, such security agreements, assignments for security purposes, assignments absolute, financing statements, affidavits, certificates and other documents, in form and substance satisfactory to Lender, as Lender may request in order to perfect, preserve, continue, extend or maintain the assignments herein contained, the Lien and security interest under this Deed of Trust, the priority thereof, and/or accomplish a subdivision as provided in the prior subsection. This and all other powers of attorney granted in this Deed of Trust are coupled with an interest and are irrevocable. Grantor will pay to Lender upon request therefor all costs and expenses incurred in connection with the preparation, execution, recording and filing of any such document. 8.8 Forbearance by Lender Not a waiver: Any forbearance by Lender in exercising any right of remedy hereunder, or otherwise afforded by applicable law, shall not be a waiver of or preclude the exercise of any right or remedy, and no waiver by Lender of any particular default shall constitute a wavier of any other default or of any similar default in the future, without limiting the generality of the foregoing, the acceptance by Lender of payment of any sum secured by this Deed of Trust after the due date thereof shall not be a waiver of Lender's right to either require prompt payment when due of all other sums so secured or to 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 Deed of Trust, nor shall Lender's receipt of any awards, proceeds or damages operate to cure or waive Grantor's default in payment of sums secured by this Deed of Trust. 13 ci c*� cv G O rn 4 0 c 0 c.. 8.9 Modifications and Waivers: This Deed of Trust cannot be waived, changed, discharged or terminated orally, but only by an instrument in writing signed by the party against whom enforcement of any waiver, change, discharge or termination is sought. 8.11 Notice: Any notice to Grantor under this Deed of Trust shall be to the address noted above or such other address as may be designated by Grantor in writing and shall be deemed to have been given on the date delivered in the case of personal or messenger delivery or, if mailed, three (3) days after being placed in the U.S. mail. 8.12 Governing Law;_ Severability: This Deed of Trust shall be governed by the laws of the State of Washington. If any provision or clause of this Deed of Trust Conflicts with applicable law, such conflicts shall not affect other provisions or clauses hereof which can be given effect without the conflicting provision, and to this and the provisions hereof are declared to be severable. 8.13 LnLt.=retations: As used herein: the term "Grantor" means the Grantor herein named, together with any subsequent owner of the Property or any part thereof or interest therein; the term "Trustee" means the Trustee herein named, together with any successor Trustee, and the term "Lender" means the Lender herein named, together with any subsequent owner or holder of the Note or any interest therein, including pledges, assignees and participants. This Deed of Trust shall be construed so that wherever applicable the use of the singular number shall include the plural number, and vice versa, and the use of any gender shall be applicable to all genders. Captions and headings of the paragraphs and articles of this Deed of Trust are for convenience only and are not to be used to interpret or define the provisions hereof. 8.14 S ces n • o and Severdl Liability, Agents: This Deed of Trust shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, devisees, legatees, administrators, executors, successors and assigns, subject to the restrictions on transfer set forth herein. All obligations of Grantor hereunder Are joint and several. In exercising any rights hereunder or taking actions provided for herein, Lender and Trustee may act through their respective employees, agents or independent contractors as authorized by Lender and Trustee. 8.15 Time: Time is of the essence in connection with all obligations of Grantor herein. 8.16 Estapoel Certificate: Borrower shall, within ten days of a written request from Lender and at no charge to ]Lender, furnish Lender or any other party designated by Lender with a written statement, duly acknowledged setting forth the sums secured hereby and any right of set-off, counterclaim or other defense that may exist with regard to the Secured obligations. 8.17 Attachments: This peed of Trust includes the Exhibits listed below, which are attached hereto and incorporated herein by this reference: Exhibit A -- Legal Description Exhibit 8 Permitted Exceptions 14 IN WITNESS WHEREOF, Grantor has executed this Deed of Trust as of the date first above written. GRANTOR; SHAMROCK HIGHLANDS, LLC, By: its Manager: CAM: WEST DEVELOPMENT, Inc., By. ERIC C BELL, P esi ent w M ry Q o STATE OF WASHINGTON a, 0 r COUNTY OF KING } cs c.. On thiday of 2001, before me personally appeared ERIC CAMPBELL, known to me, or proven to me on the basis of satisfactory evidence, to be the President of CAM WEST DEVELOPMENT, INC., the Managing Member of SHAMROCK HIGHLANDS, LLC, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Limited Liability Company, for the uses and purposes therein mentioned, -and on oath stated that he is authorized to execute said instrument. J %%ikk NOTARY PUBLIC ICOR WASHINGTON • Residing at k My appointment expires 01-- 2-0115— Printed -O> — Printed name of Notary�'� I--i- 15 --e 15 PARCEL A: THE EAST lb OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 200 FEET OF THE SOUTH 150 FEET THEREOF; AND EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO KING COUNTY FOR S.E. 12P STREET BY DEED RECORDED UNDER KING COUNTY RECORDING NOS. $755892 AND 5755892; SITUATE IN THE CITY OF RENTON, COUNTY OF ICING, STATE OF WASHINGTON. c,a PARCEL 8: 0 THE EAST 100 FEET OF THE SOUTH 150 FEET OF THE EAST % OF THE SOUTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.I.; c� EXCEPT THE SOUTH 42 FEET THEREOF AS CONVEYED TO ICING COUNTY FOR S E. 128 ' 5 MET BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 5755891; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. 0 CID PARCEL C: THE NORTH V:OF THE NORTH lb OF THE SOUTH 'A OF THE NORTH lb OF THE EAST Yt OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; EXCEPT THE EAST 280 FEET THEREOF; TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET OF SAID EAST 28C FEET; $MATE IN THE COUNTY OF ICING, STATE OF WASHINGTON. PARCEL D: THE SOUTH Yz OF THE NORTH 3h OF THE SOUTH Vi OF THE NORTH 1/1 OF THE EAST Y2 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.I4.; EXCEPT COUNTY ROAD; SITUATE IN THE COUNTY OF ICING, STATE OF WASHINGTON. E X E I B I T A-1 16 PARCEL E. THE WEST 794 FEET OF THE SOUTH +/z OF THE SOUTH Yi OF THE NORTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EASE W.M.; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON; ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO S90M0351. PARCEL F: THE SOUTH % OF THE SOUTH Vi OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M.; AND EXCEPT THE WEST 794 FEET THEREOF; AND EXCEPT THE EAST 230 FEET OF THE NORTH 300 FEET THEREDF; cn rn SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. cv a rfi = ALSO KNOWN AS A PORTION OF LOT B OF UNRECORDED LOT LINE ADJUSTMENT NO. S90M0351, *- PARCEL G: © THE NORTH 'h OF THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 1/4 OF SECTION 10, TOWNSHIP 23 FORTH, RANGE 5 EAST W.M.; EXCEPT THE NORTH 168.05 FEET OF THE EAST 302.15 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF FOR 148"t AVENUE S.E. RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. PARCEL It THE NORTH 168.05 FEET OF THE EAST 302.15 FEET OF THE NORTH V2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE S EAST W.M.; EXCEPT THAT PORTION THEREOF FOR 148'4 AVENUE Sf- RIGHT OF WAY; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. EXHHIB IT A-2 17 PARCEL. I; THAT PORTION OF THE SOUTH 1V2 OF THE NORTHWEST 114 OF THE SOUTHEAST 114 OF THE SOUTHEAST 114 OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST 114 OF SAID SOUTH %; THENCE NORTH 88020'44• {NEST ALONG THE NORTH LINE OF SAID SOUTH Vz 50 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 88220'44" WEST 216.94 FEET; THENZ SouTH 00°15'25' WEST PARALLEL WITH THE EAST LINE OF SAID SOUTH % 32,36 FEET TO Tm SOUTH LEVE; THEREOF; THENCE SOUTH 68°10'52' EAST ALONG THE SOUTH LINE OF SAID sQUTH Y4 266.94 FEET TO THE SOUTHI W COMER THEREOF; THENCE N46 00415'25' EAST ALONG THE EAST LINE OF SAID SOUTH 1� 313.35 FEET TO A POINT 16 FEET SOk ' HERLY OF SAID NORTHEAST CORNER; THENCE NORTH 88020'44' WEST PARALLEL TO THE NORTH LINE OF SAID SOUTH 1h50 FEET; THEMCC NORTH 00°15'25' EAST PARALLEL TO THE EAST LINE OF SAID SOUTH Vi, 16 FEET TO THE TRUE POINT OF BEGINNING; .. SITUATE IN THE COUi+ITY OF IGNG, STATE OF WASHINGTON. tlftftAdle Road Parcels": ARY RIGHT, TITLE AND INTEREST IN AND TO; The North 16 feet of the South half of the Northeast quarter of the Southeast quarter of the Southeast quarter of Section 10, Township 23 North, Range 5, EWM, in King County, Washington; The North IG feet of the East 50 feet of the South half of the Northwest quarter of the Southeast quarter of the Southeast quarter of Section 10, Township 23 North, Range 4, EWN, in Icing County, Washington. E X H T B T T 18 A-3 E X H I B I T H PERMITTED EXCEPTIONS co v "} 12 Notice of tap or connection charges which have been or wdl be due in connection with development or re -development of the land as disclosed by recorded instrument. Inquiries C" regarding the specific amount of the charges should be made to the city/Muntylagency. CITY/COUNTY/AGENCY, CITY OF RENTON ,— RL JUNE 21, 2996 RECORDING NO.. 9606210966 0 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE' SNOQUALMIE FALLS AND WHITE RIVER POWER COMPANY, A CORPORATION PURPOSE. ELECTRIC TRANSMISSION LINE 10 FEET IN WIDTH AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO 305589 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE, POWER AND LIGHT POLES AREA AFFECTED THE DESCRIPTION CONTAINED THEREIN IS NOT SUFFICIENT TO DETERMINE ITS EXACT LOCATION ON THE PROPERTY HEREIN DESCRIBED RECORDING NO . 2794410 (Covers Parcels A, B, G, H & I) 15. Right to make necessary slopes for cuts or fills upon the land herein described as granted to Kang County by deed recorded under Recording Nos. 5755891 and 5755892 (Covers Parcels A & 8) 16 EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: KIING COUNTY, A MUNICIPAL CORPORATION PURPOSE: UTILITIES AREA AFFECTED. SOUTHERLY PORTION OF PARCELS A AND B AS DESCRIBED THEREIN RECORDING NO , 5767638 17, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE- INGRESS, EGRESS AND UTILITIES AREA AFFECTED: NORTH 30 FEET RECORDING NO : 7208100354 (Covers Parcel 1) 18, EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED; SOUTH 30 FEET RECORDING NO. 7808089327 E X H I E I T B-1 0 a N 19. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. GRANTEE- KING COUNTY PURPOSE: UTILITIES AND DRAINAGE FACILITY AREA AFFECTED SOUTH 5 FEET OF THE WEST 40 FEET RECORDING NO. 8711300920 The Grantee's interest is now held by City of Renton under instruments recorded under King County Recording Nos. 20010116000508 and 20010426000238. (Covers Parcel 8) 20. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. GRANTEE' KING COUNTY PURPOSE: UTILITIES AND DRAINAGE FACILITY AREA AFFECTED, SOUTH 5 FEET RECORDING NO.: 8711300921 Tle Grantee's interest is now held t+y City of Renton under instruments recorded under King County Recording Nos. 20010116040506 and 20010426000236. 21 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE: KING COUNTY PURPOSE. UTILITIES AND DRAINAGE FACILITY AREA AFFECTED, EAST 65 FEET OF THE SOUTH 200 FEET RECORDING NO.: 8711300922 The Grantee's interest is now held by City of Renton under instruments recorded under King County Recording Nos. 24010116000507 and 20010426000237. (Covers Parcels A & B) 22. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE- PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: SOUTH 10 FEET RECORDING NO.: 8807220452 Said instrument is a re-record of instrument recorded under King County Recording No 8805310968. (Covers Parcel B) 23. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE' PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE. ONE OR MORE ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: SOUTH 10 FEET RECORDING NO.: 8807220453 Said instrument is a re-record of instrument retarded under King County Recording No. 8805310869. (Covers Parcel A) 24. EASEMENT AND THE TERMS AND CONDITIONS THEREOF. GRANTEE: MING COUNTY WATER DISTRICT NO 90, A MUNICIPAL. CORPORATION PURPOSE. WATER MAINS AND APPURTENANCES AREA AFFECTED: NORTH 10 FEET RECORDING NO 20000810000949 (Covers Parcel I) C H I S I T B--2 0 0 n 2S. The *Nett on the title and the desalption Of the fond due to the location Qf'140 Avenue Sx. (C.H. 6arfkson Road Na 72)" conbined in the legal dasariptlorn In Schedule A. (Covers Pereela D, F, G, & H ) 26. MATTERS 5Ef FORTH by SURVEY: RECORDING NO.: DISCLOSES: MAY 2, 1986 9805029004 FENCE E NMACHMENT OVER WESTERLY AND SOUTHERLY 8DUNOMY LINES AS SHOWN THEREON (Covers Farrel6) 27. Terms and Conditlons of unracordad Lot Una Adjustment No. S90MO3511 eppmved October 24,199D, (Covers Parcels E & F) 2S. OWmraV*n of Covowt imposed Iry Instrument recorded on December 29, 1992, under Recording No. 921191639. (Covers Parcel C) 29. AGR NT AND THE TERMS AND OONDI ONO THEREOF: RECORDED: MAY 16, 1951 REODRDING NO.: S294M REGARDING: ROAD MAINTENANCE (Covera Parcel I) 30. AGREE14ENT AND THE TERMS AND CONDMONS THEREOF: RECORDED, JANUARY 24, 1990 RWORDING NO.: 9001140979 RIGARDING: NONPARTI IO1N AF40 TRMSPER RLSTRICTIDN AGREEMENT (Covers Parcels G & H) 31. AGREEMENT ANO THE TERMS AND CONDMONS THERMR RECORDED: APRIL 20, 2.000 RECORDING NO.* 20DOD4200D0998 REGARDING: LATECOMBS AGREEMENT (Cavus Parcels A & 5) 32, NOTICE Or* HOUSING LODE VIOLATION: MLE NO.: 59201531 RECORDED: NOVEMSM Is, 1992 RECORDING NO.: 9211190392 (Covera PWW S E3 & N) 33. NOTICE OF HOUSING CODE VIOLATION: FU NO.: Ee92CLS31 RECORDED: JANUARY 9, 2091 ReCOMM4 Ka.: 200101090M1089 (Covers Partial E) E x tI I 5 I T B-3 V—S 11 S I H X a 'AO=W3H1 SNOIIIONOO ONV SN11313W. ONV 1Sndi elO 0330 'L£ £S000011TOTOOZ TOOZ'TT AdvnNVC zOsb-65086 VM'NOiN3a'*3'S 3flWAV w84T LTZZT dIHS3ddNltlVd Q3i1WI"1 AllWVA S'll3MOHS lyddV 1610c"GT9I06Z TOOz'6 AbVnNW OQOL'8Z 1l38W3O3U 00'000'sss3 6SO86 VM 'NO1N31i ''3S 9nN3AV µL$bT LTZZt 2i3XO011InH VKVON 0NV S91V*0 ANVdWOO 30~SNI 3I.LI109VMWH 3dIM oNY ONV'3snH'H13SMI NOIIVHS QNV Hi35O111 H13NNU 43NV 3dIM ONV 43NV9SnH 'ONYllOH YtlV91lVA (INV GNYMON NHOC'3dIM ONY ONvasnH 'NOSUNO+3 YW3 UNV NOSIZI2IOW NVDd9'3AIM UNV ONV9SnH 'IWVSNIIH MNNOS ONV ,d3-AvSNnH AHt0WLl'3dIM ONV oNmsnH '133XVSNnH NY3C QNY li3)IVSNnH NHOt '3dIM UNV away 1H'VawsNnH alvvw NNV (3NV iia)mNnH 71Oraw '3dIM CNV ONV95f1H '113WSNnH 3SIN3a CNV S3WVC (7 IDWed S3an00} 'ON E)NIall0A11 'a3a,doaa)! 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MW OF TRUST AND THE TERMS AND COND![IONS THLRt'OF: GRANTOR: J.P. HUN LLC., A WASHINGTON Llh IM LIABU ITY C"ANY TRUSTEE: COMMONWEALTH LAND TIRE INSURANCE COMPANY, A CORPORAIM BENEFICIARY: BALES LIM= PA101S BWIP, A LIMITED PARTIMERS ML FORMED WITH 7F* STATE OF WASWINOTON ON AUGUST 1, 1996, WITH ALES KANACi04W 70M, ESTABLISHED UNDER AGAi4:M M DATED IULY 18, 199S, w GEORGE H. BALES, OR MLS SUCCaMRS, TRUSTEE, AS GENERAL PARTNER AI)DPMS, P.O. BOOL 3035, AWMK, WA 98058 cm" LOAN NO.: --- ORIGINAL AMUNT: $400,000.00 rn DATED: APRIL 15, 2003 RECORDED: APRIL 20, 2001 a RECORDING NO.: 20010470000751 r - (Opxers Parcels A & 0) © bWestlBatron should be made to determine the present balance owed by contaong the appropdaft 1endvjageney/Wi& klual. 39. Our Inspedit made on SIPTEMBIR IB, 2001, disdeted the following: NUMEROUS ENCROACHMENTS BY FENCES ALONG NORTHERLY, WESTERLY AND SOUTKERLY BWHbApas. 40. Lack of a recorded means of Ingress and apron tD a public road tram the land. (COVERS PARCEL I ) E X H I S I T B-5 After Recording Return to: KING COUNTY WATER DISTRICT NO. 90 15606 SE 12811 Street Renton WA 98059 Easement No. 10-23-5-15R Project: SE 125tk STREET MAIN EXTENSION Tax Parcel ID# 1023059384 Grantor(s) CamWest Shamrock Heights, LLC 9720 NE 12011 Place SE�Suite 100 Kirkland WA 98034 1111111111111111� 20051123001365 PA E001KOF 004 EAS 38.00 11/23/2005 12:15 KING COUNTY, WA Grantee(s) KING COUNTY WATER DISTRICT .NO. .90. AGREEMENT FOR EASEMENT THIS INDEN'T'URE, made this 1- i�'day of Voy5)Se(Z , 2005, by and between KING COUNTY WATER DISTRICT NO. 90, A Washington municipal corporation, hereinafter termed the "Grantee" and CamWest Shamrock Heights, LLC, a Washington limited liability company, hereinafter termed the "Grantor" WITNESSETH: That the said Grantor for ONE DOLLAR ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged by the Grantee, does by these presents, convey, grant and warrant unto the Grantee a permanent easement for water mains and appurtenances under, through, above and across the following described property situated in King County, Washington, together with all after acquired title of the Grantors therein, and more particularly described as follows: The North 10 feet of that portion of Section 10, Township 23 North, Range 5 East, W.M., King County, Washington, described as follows: EXCISE TAX NOT REQUIRED rkut:�rruc�; ;tJiv+s Bre r The North lb feet of the South half of the Northeast quarter of the Southeast quarter of the Southeast quarter; ALSO the North 16 feet of the East 50 feet of the South half of the Northwest quarter of the Southeast quarter of the Southeast quarter; LESS County Road. If the property of the Grantor at the time of granting this easement is unplatted but is platted prior to the recording of this document, then the Grantor does hereby authorize the Grantee to add to this agreement the designation (volume and page, etc.) of such plat. The Grantor acknowledges that part of the consideration being paid by the Grantee is for any and all damage resulting to or resulting hereafter from the possible interference of the natural flow of surface waters by Grantee's digging of pipe lines which may disturb the soil composition within said easement. The Grantee shall have the right without prior institution of any suit or proceeding at law, at such times as may be necessary, to enter upon the easement for the purpose of constructing, repairing, altering or reconstructing said water mains, or making any connections herewith, without incurring. any legal obligation or liability therefore, provided: (1) The Grantee, King County Water District No. 90, will restore Grantor's property to a condition as good as or better than the premises were prior to entry by the Grantee, King County Water District No. 90; (2) The District will exercise its best efforts not to damage any private improvements on the easement herein, but if it does so, it shall repair and/or replace said improvements; (3) Restoration, replacement, and repair shall be completed within 90 days of the date of any entry by the District and said restoration, replacement or repair will be of a quality and/or quantity that is comparable or better than existed prior to the Grantee's entry upon the easement. (4) The above set forth conditions shall apply not only to the initial construction but also to any re-entry by King County Water District No. 90 that becomes necessary for repair and maintenance of the water line on said easement. (5) Any damage and/or removal of any ornamental tree, shrub, fence, or rockery shall be replaced within the aforementioned 90 period by King County Water District No. 90. The Grantor shall retain the right to use the surface easement if such use does not interfere with the installation, repairing, altering or reconstructing of the water main. PROVIDED, the Grantor shall not erect buildings or structures of a permanent nature on the easement during the existence of said easement, The easement, during its existence, shall be a covenant running with the land and shall be binding on the successors, heirs and assigns of both of the parties hereto. IN WITNESS WHEREOF, the undersigned has set its hand and seal this day of ( VFM_ , 2005. CamWest Shamrock Heights, LC By: CamWest Develo ent, Inc., Managing Member Eric Campbell, President STATE OF WASHINGTON) }ss. COUNTY OF KING ) On this day, personally appeared before me, Eric Campbell, to me known to be the President of CatnWest Development, Inc., the Managing Member of CamWest Shamrock Heights, LLC, the within and foregoing Limited Liability Company, who acknowledged to me that he is authorized to execute the instrument for and on behalf of said Company and that the instrument is the free and voluntary act and deed of said Company, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 2� day of tAJ M ??= , 2005. Q 4 A C Vd � �- NO Y P in and for the State of Washington, siding at 9J5V114pNP70A My Commission Expires: a -d-s--Os it 4 1 14' PERm EASEMENT 47611 EASEMENT NO 10-23-5-15R 0 1 ye• 4M r3-0 > I } 3Ste d It/ _ SE 125"" ST MAIN EXTENSION EASEMENT NO. 10-23-5-15R • uJ- ixo � It La t ia`r rro � 0 1 ye• 4M r3-0 > I } 3Ste d It/ _ SE 125"" ST MAIN EXTENSION EASEMENT NO. 10-23-5-15R 0 v 11h'0 - I CLAIIATIUN UV COVLNAN'L' In con"idcration of approval by King County of an on-site sewage disposal system for the property described below, il:•��1ccrinrK�,,'Tf_ rtiv�ci ;! , property owners, hereby COVenant and agree as follows: �;r,; � iur lC'rk-,•fr 1, 1 We,~` the grantar_c� herein, is/moi the owner S in fee simple of (an interest in) p op"perty within !Sing County, which is legally described as follows (legal description) :Q73Q on which a residence will be conptructed having a J designated address of �a.�l"} t4Aa°!�E_ ,�^►e.(_ Lt�r� qos`� 7 � Y. Cct�'l+f 'Gv' 1.�2 - 4'••i. awner (signat re} "" ner {signature► on this /d/`Wfir' day.9i 19 [ before me per- sonally appeared ICI _ !C..• I rr 7j c "f -i n ti �.to%-Pe known to be the (individuals) ( G F? d '—eaPpo-r-e•Ni'bn-)- described herein and who executed the fo c�i' instrument as their free and voluntary act and 0 the uses and purposes herein mentioned_ +l! V�,K e s ^m� hand and seal hereto affixed the i��� day r p g CX: , 1'� / �r r , 19 ��►ti�..nS .� Notary Public in and for Sta of Washingtpn, res' ing FILING: at _ Department of Records and Clcctions 4"rvl+-n Z� :;C.,l Room 311 - !Ging County Admin Bldg Fourth and James Seattle, Washington 99104 m.. t,-.., a..... ... lee-zor.A v Z. I/we have requested the approval by King County of the on-site sewage disposal system for the above described Jproperty. 3. I/We recognize that when the existing septic system serving the proposed residence Fails, an alternative type of septic system such as a sand Filter or mound will be required to be installed in the reserve area C7` as a repair to the existing system. C+rj Cg 4. This Declaration of Conditions, Covenants and C7� Restrictions is binding upon our heirs, assignees Nand successors in interest as the owners of the above- described property and is a covenant running with {L1 the land. 07 5. This Declaration of Conditions, Covenants and Restrictions shall not be released without the expressed written approval of the Seattle -King County Department of Public tiealth or its successor. 7 � Y. Cct�'l+f 'Gv' 1.�2 - 4'••i. awner (signat re} "" ner {signature► on this /d/`Wfir' day.9i 19 [ before me per- sonally appeared ICI _ !C..• I rr 7j c "f -i n ti �.to%-Pe known to be the (individuals) ( G F? d '—eaPpo-r-e•Ni'bn-)- described herein and who executed the fo c�i' instrument as their free and voluntary act and 0 the uses and purposes herein mentioned_ +l! V�,K e s ^m� hand and seal hereto affixed the i��� day r p g CX: , 1'� / �r r , 19 ��►ti�..nS .� Notary Public in and for Sta of Washingtpn, res' ing FILING: at _ Department of Records and Clcctions 4"rvl+-n Z� :;C.,l Room 311 - !Ging County Admin Bldg Fourth and James Seattle, Washington 99104 m.. t,-.., a..... ... lee-zor.A v a THE NORTH HALF OF THE NORTH HALF OF THE SO:JTH HALF OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION JW, TG;YNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING OOUNTY, WASHINGTON; EXCEPT THE EAST 2BO FEET THEREOF, TOGETHER WITH AN EASEIlEHT FOR INGRESS AND EGRESS OVER THE SOUTH 30 FEET ` OF SAID 280 FEET. PV CNLI cn is I t n I.