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Home My WebLink AboutLUA-07-047_Report 1B r ~f'1 ,'" I ~-I _f'1 19I ~M ,< 7~ ~ 0 "0 z t ~ " rol ~ @o-" • rol r rol < ". 00 V. I 0 0 Z ~ " " 7' .Gi ~I " F.i-l -f'1 'CI:~ 0 ,< -.» '00 "0 z Ej I 0 0 ~i. Ul -j < }> :JJ ~ om ~ ~AJ m ~~ .. I ~o 0 0;: II' -['1 m "m 'l-j fii~ I ~p. -.., , -< ", m 8 ~'U ' C o~ ...... Zz ~ f I I I I I I I I I I I I I I I I I I I I o (f) 10' PATIO 90' 20' RE,ll,~IET~~~ L ____ =-::=-~ xlO' DECK U~-L~--r--.-~~~~J~~~ ---394---- \ \ \ \ '\ '. '\ NOTES 33 7.2lXJ SO.FT. I. E3<0SIONISEDIIv€NT CONTRa.. M:ASUlEs M...iST BE FLl\ICTIONAL Ai'V LEGEND BE MAINT At>ED lHKlLIGHOUT CONS1l<UCTION. 2 MAW AIN POSITIVE DRAINAGE AWAY R<OM Tl-E S1l<UCTU<E. ,-------r-----------__ I ...... ,--.. I I I I 26 I I I I --- , ! /----. 3. ENTIRE LOT. Vv1-B2E EXPOSED SOILS -REMAIN AFTER CONS1l<UCTION ~ EXlSTIPROP DRMlAGE IS LAIVSCAPED WIll-! A.ANTS AIV BARKIMLLCH. 4. ROOF DRAINS TO DISO-JARGE INTO EXISTING STORM DRAINAGE ~ CONCRETE DRIVEWAY SYSTEM ENTI<E SITE TO BE DtSTU<EEI). 5. TEWORARY INTERCEPTOR SWAlE TO DISCHARGE INTO EXISTING STORM DRAINAGE SYSTEM SCAlE: I' = 20' LOT NO.: 33 LOT AREA: 7,2lXJ SO. FT. I~PERVIOUS AREA: 2,666 SO. FT. TI-E ~ AT ST<N3-lAVi3'I 19515 NOR1l-l a<e3( PJ>Rr::WA Y. SUTE 300 BOTl-IELL. WA 98011 (425) 485-1590 PROJECT TI-IE RESERVE AT STONEI-IAVEN r r'lf: , ,~ '~ j "iO. ~ -, ~ ." / , .. 5 43rd ST '72nd ST 5£ '76th ST ST 5 5£ '86th 5£ 5 55th ST VICINITY MAP , . p\..AN\'I\N(3 oE'IFt~~~WENTON MA't -3 2007 RECEWEO ., .' .--: ... ~,.. , . '. ! ) OFtENToN .I. ...... ....,H(G I PUBLIC WORKS Date: July 6, 2007 ' To: City Clerk's Office From: Stacy Tucker Subject: Land Use File Closeout Please complete the following information to facilitate project closeout and Indexing by the City Clerk's Office. ~~ ..... =' .. Project Name: Stonehaven Lot #33 Variance LUA (file) Number: LUA-07-047, V-A Cross-References: LUA04-003; LUA05-130 AKA's: Project Manager: Andrea Petzel Ac;ceptance Date: May 17, 2007 Applicant: , Cheryl Ca rdwell, The Reserve at Stonehaven, LLC Owner: The Reserve at Stonehaven, LLC Contact: Cheryl Cardwell, The Reserve at Stonehaven, LLC ;, 7238000330 PID N...,.ber: ~ , ERC Decision Date: -, ..... ' ERC Appeal Date: Administrative Approval: June 7, 2007/ Reconsideration approval: June 26, 2007, . , . , , Appeal Period Ends June 21 2007/ ReconSideration appeal ends June 28 20007 I Pub,lic Hearing DatE!: 'oate Appealed to HEX: By Whom: HEX Decision: Date: . Date Appealed to ,Council: I By Whom: Council Decision: Date: Mylar Recording Number: Project Description: The applicant requests a rear yard setback variance to allow for the construction of a 5'xlO' attached deck and stairs. The subject property is located in the R8 Zone, where the required rear yard setback is 20', The rear yard setback would be reduced to 15'. Lot I size is 7338 square feet, with 2096 square feet of lot coverage (29%). There are no critical areas " onsite, Location: 4726 Burnett Court 5 Comments: I , L , Cheryl Cardwell PARTIES OF RECORD STONEHAVEN LOT#33 VARIANCE LUA07-047, V-A The Reserve at Stonehaven, LLC 19515 N Creek Parkway ste: #300 Bothell, WA 98011 tel: (425) 485-1590 eml: ccardwell@westcotthomes.com (owner / applicant / contact) Updated: 05/17/07 (Page 1 of 1) July 6, 2007 Cheryl Cardwll The Reserve at Stonehaven, LLC 19515 N Creek Parkway#300 Bothell, W A 980 II SUBJECT: Stone haven Lot #33 Variance LUA07-047, V-A Dear Ms. Cardwell: CITY -F RENTON Planning/BuildinglPublic Works· Department Gregg Zimmerman P.E., Administrator This letter is to inform you that the appeal period ended June 28, 2007 for therecQnsideration decision on the Administrative Variance approval. No appeals wen: filed on the original Variance appmval or the reconsideration decision. This decision is final and application for the appropriately required permits may proceed. The revisedcondition#2'listed in the reconsideration letter dated June 26,2007 and the original condition #1 listed in the City of Renton Report & Decision dated June 7, 2007.must be adhered to during construction and prior to final inspection. If you have ap.y questions regarding the report and decision issued for this administrative. variance, please call me at (425) 430-7270. Sincerely, tik~t4( Andrea Petzel Associate Planner -------------10~5-5-S0-u-ili-G~rn-d-y-W-a-Y---R-en-to-n-,w--as-h-m-gw-n-. -98-0-57----------~-~ * }his paper-contains 50o/~ recyded m~8f, 313% post conSumer AHEAD OF THE CURVE Kathy Keolker, Mayor June 26, 2007 Cheryl Cardwell The Reserve at Stonehaven, LLC 19515 N. Creek Parkway, #300 Bothell, WA 9801 I CITY . _F RENTON Planning/Building/Public Works Department Gregg Zimmerman P.E., Administrator Subject: Reconsitjeration for Stonehaven Lot #33 Variance 111." Dear Ms, Cardwell: I have reviewed yourrequest foneconsiderations of the decision for Stonehaven Lot #33 Variance, LUA07 -04 7, V -A, Specifically, you requested review of the following condition of approval: I) Prior to selling .the house, the applicant shall revise building permit and construction plans for CP06056 to include either the 2 'xIO' balcony or the ]'x4' landing and stairs . . The building permit will be reviewed and approved by the Planning ancl Building clepartments and must meet all applicable codes. Your request is to revise the condition to allow for a 3'x 6'6" balcony to prevent obstruction ofthe sliding door by the deck railing. You further request that approval not be contingent on the deck being completed prior to selling to house, 111 order to allow you to close on the property and have the homeowners move in berore they have to be oul of their old house. Upon review, both reconsiderations are granted. Allowing a 3'x 6'6" balcony does not adjust the . width of the variance for the projection into the setback area (I foot), and is within the pounds ofthe length allowed for a projection (10 feet). In addition, purchase negotiations were already underway prior to applying for the variance, and it is reasonable to allow the homeowner's to move into their house before the deck has been completed. Therefore, based on those considerations, I will revise the condition (0 read as follows: By July 12, 2007, the applicant shall revise building permit and construction plans for CP06056 to include either the 2 'xIO' balcony or the 3' x 6'6" landing and stairs. The building permit will be reviewed and approved by the Planning and Building departments and must meetall applicable codes. Appeals of this revised decision must be filed in writing on or before 5:00 PM onJUNE 28, 2001. Appeals must be filed inwritingtogether with the required $75.00 application fee to the Office of the Hearing Ex~h11ner, 7"' Floor-Renton City Hall, 1055 South Grady Way, Renton, WA 98057. City of Renton Municipal Code Section 4-8-1 10.B governs appeals to the Hearing Examiner. Additional information regarding the appeal process may be obtained from the Renton City Clerk's Office, (425) 4:10-6510. --------~---IO-5-5-S0-u-ili-G-rad--y-W-a-Y---R-en-to-n-,w--as-b-in-gw-n--9-80-5-7------------~ $ Thispapercontains 50% recycled material,-3Q"k postoonsumer AHEAD OF. THE-GUR,VE Cheryl Cardwell June 26, 2007 Page 2 of2 Please contact Andrea Petzel, project manager, at (425) 430.7270 if you have any questions. Sincerely, Neil Watts, Director Development Services Division . co: City of Renton File LUA07·047· Andrea Petzel, Associate Planner. City . .en/on Department of Planning / Building / Pu Yorks ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MAY 31, 2007 APPLICATION NO: LUA07-047, V-A DATE CIRCULATED: MAY 17 APPLICANT: The Reserve at Stonehaven, LLC PROJECT MANAGER: ~rea Petzel ./ ~ PROJECT TITLE: Stonehaven Lot #33 Variance '--\ ;-"'\. PLAN REVIEW: Ameta Henninger LI SITE AREA: 7,338 square feet BUILDING AREA (gross): 2 980 square feet LOCATION: 4726 Burnett Court S. I WORK ORDER NO: 77754 SUMMARY OF PROPOSAL: The applicant requests a rear yard setback variance to allow for the construction of a 5'xl0' attached deck and stairs. The sUbject property is located in the R8 Zone, where the required rear yard setback is 20'. The rear yard setback would be reduced to 15'. Lot size is 7338 square feet, with 2096 square feet of lot coverage (29%). There are no critical areas onsite. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earlh Housing Air Aesthetics Water Light/Glare Plants Recreation Land/Shoreline Use Utilities Animals Trans ation Environmental Health Public $eTYices Energy/ Historic/Cultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feat B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS We have reWewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. Signature of Direct£f1l~ Representative Date CITY 'RENTON PlanninglBuilding/Public Works Department Gregg Zimmerman P.E., Administrator July 19,2007 Cheryl Cardwell The Reserve at Stonehaven, LLC 19515 N. Creek Parkway, #300 Bothell, W A 98011 Subject: Tree Approval for Stonehaven Lot #33 Variance LUA07-047, V-A Dear Ms. Cardwell: I received your site plan indicating theplacement and species of the three trees required as a condition of approval for the Stonehaven Lot #33 Variance (LUA 07-047). Per the site plan, you'will be planting three Alaskan cedar trees, of a two-inch caliper. ' These trees will provide acceptable screening on the north property line and fulfill the,requirement for the condition of approval. If you have any questions, please feel free to contact me at (425) 430-7270. Andrea Petzel, PIa Development Services Divis on CC,: City of Renton Fil b )! Andrea Petzel, Associate Planner --~~~~~-IO-5~5-S0-U-~~G-rnd~y-w-a-Y---R-rn-to-n-,-W-M-h-in~gt-o-n-9-80-5-7--~----~~~' . * Thls paper contains 50% recycled material, 3O%postconsum,er AHEAD OF THE CURVE \ \ \ \ " NOTES C.fo6 \ \ \ \ \' L EROSION/SEDIMENT CONll<'Cl. Iv'EA.SU<ES fAlST EE FLNCTIONAL MIJ LEGEND 8E MANT All'S:> TI-ROJGI-OJT CCN5TRUCTlON. ~"-, 2 MAlNTAN POSITIVE DRAINAGE AWAY FROM ~ STRUCTU2E. 3. ENTIRE LOT. WI-B2E EXPOSED SOLS -REMAIN AFTER ~TION -EXIST IF'I<a' DRANAGE B~OC~~W~~SMlJB~rn ~ 4. =OF DRAINS TO DISO-IARGE NTO EXlSTI/'..G STORM DRAINAGE 0 CCNCi<ETE OOVEWA '( SYSTEM ENTIRE SITE TO BE DIS1U1BED. 5. TSvI='ORARY INTERCEPTOR SWALE TO DIS~E MO EXISTING = STORM DRAiNAGE SYSTEM ! b, :, AI '''' _. 11' le~w " J/ ee Pin n +ctJ. I '-1 #ie. F? {;yy yen! s e fbfc t i 2 ': ~:J..!.I:=-=----i SCAl£: I' • 20' LOT NO.: 33 LOT AREA: 7.355 SQ, FT, IfJpEIMous AREA: ",066 r-, 1l-E ~ AT STCN3-IA'vS'i 1955 ~ 'a<EEK P~A'(. 9JTE 3CXl BOTl-ELL. WA 980/1 (4:2q) 485-l590 rROJE.Ci TI-IE -RESE-RVE AT STONEI-IAVEN SITE ADDRESS • Andrea Petzel-RE: Deck Permit lot 33 St---haven From: To: Date: Subject: Than you! "Cheryl Cardwell" <ccardwell@westcotthomes_com> "Andrea Petzel" <APetzel@ci.renton.wa.us> 07/18/20073:12:43 PM RE: Deck Permit lot 33 Stonehaven -----Original Message----- From: "Andrea Petzel" <APetzel@ci.renton.wa.us> To: "Cheryl Cardwell" <ccardwell@westcotthomes.com> Cc: "Adriann Alexander" <AAlexander@ci.renton.wa.us>; "Rocale Timmons" <RTimmons@ci.renton_wa.us>; "Seth Geiser" <SGeiser@ci.renton.wa.us> Sent: 7/18/073:03 PM Subject: RE: Deck Permit lot 33 Stonehaven Cheryl, The approval of the trees are part of the variance conditions which are actually separate from the building permit process, although they do need to appear on the site plan. Again, the condition states "".the applicant shall submit a written letter outlining the species to be used, for approval by the Development Services project manager". So it's not just the location that needs to be approved, but the size and species of the tree. Sorry if there's any confusion, I will treat this site plan as your request for approval and get an approval letter out to you. Let me know if you have any questions. Andrea Andrea Petzel, Planner City of Renton -Development Services Division Renton City Hall -6th Floor 1055 South Grady Way Renton, WA 98057 425-430-7270 apetzel@ci.renton.wa.us »> "Cheryl Cardwell" <ccardwell@westcotthomes.com> 07/18/0712:53 PM »> Andrea, The trees were part of the submittal of the building permit. I just wanted to make sure that I did it the right way. I have attached the plot plan that was submitted so that you can see what the trees were and where they are located. If this is not sufficient please let me know. We would like to build this deck as soon as possible.Cheryl CardwellLand DevelopmentWestcot! Homes19515 North Creek PKWY Ste 300Bothell, WA 98011425-293-2835 Mobile425-485-1590 Phone425-485-1597 Fax From: Andrea Petzel [mailto:APetzel@ci.renton.wa.usj Sent: Wednesday, July 18, 200712:31 PM To: Cheryl Cardwell Cc: Adriann Alexander; Rocale Timmons; Seth Geiser Subject: RE: FW: Deck Permit lot 33 Stonehaven Actually I checked, and it was a specific condition of approval: Please provide me with the information so I can approve that and it shouldn't take too long. After that we can release the building permit. which shouldn't have been approved with out this condition fulfilled. But like I said, it will be quick, so if you can get me that info, that would be great. Andrea Page 1 ~~------:---:--c-- . Andrea Petzel -RE: Deck Permit lot 33 St---haven Andrea Petzel, Planner City of Renton -Development Services Division Renton City Hall -6th Floor 1055 South Grady Way Renton, WA 98057 425-430-7270 a petzel@ci.renton.wa.us »> "Cheryl Cardwell" <ccardwell@westcotthomes.com>07/18/0712:17 PM »> I am not certain if it was specifically noted that the trees were required per the variance. I can provide you with a copy of the plot plan with the trees represented. Cheryl Cardwell Land DevelopmentWestcott Homes19515 North Creek PKWY Ste 300Bothell, WA 98011425-293-2835 Mobile425-485-1590 Phone425-485-1597 Fax From: Andrea Petzel [mailto:APetzel@ci.renton.wa.us] Sent: Wednesday, July 18, 2007 11 :51 AM To: Cheryl Cardwell Cc: Adriann Alexander; Seth Geiser Subject: Re: FW: Deck Permit lot 33 Stonehaven Cheryl, I believe the condition was to submit a planting plan to me, the project manager, prior to installing the trees ... but I can't remember off the top of my head. If so, I haven't seen the building permit or planting plan. Was the requirement for the trees as part of the variance noted on your building permit? Thanks, Andrea Andrea Petzel, Planner City of Renton -Development Services Division Renton City Hall -6th Floor 1055 South Grady Way Renton, WA 98057 425-430-7270 apetzel@ci. renton ~ wa. us »> "Cheryl Cardwell" <ccardwell@westcotthomes.com> 07/18/07 11 :34 AM >>> Andrea,We submitted our building permit for the deck, and addressed the tree's on the site plan. The deck has now been approved, would this also include approval of the trees? Would you check into this and let me know? I want to make sure that we are covering all our basesThe permit number is B070400Thank you,Cheryl Cardwell Land DevelopmentWestcott Homes19515 North Creek PKWY Ste 300Bothell, WA 98011425-293-2835 Mobile425-485-1590 Phone425-485-1597 Fax From: Adriann Alexander [mailto:AAlexander@ci.rentonwa.us] Sent: Wednesday, July 18, 2007 11 :26 AM To: Niki Franklin Cc: Seth Geiser Subject: RE: Deck Permit I really don't know anything about tree requirements~ There is a note on the permit that says "(3) 2" Alaskan Cedars to be planted in NE corner of the lot prior to final inspection." .... You can speak to Seth Geiser if you have any other questions about this. He reviewed the site plan for this deck and would be able to help you. His number is 425 430-7214. Thanks, Page 2 -----•. _ .•. _-----_. Andrea Petzel -RE: Deck Permit lot 33 St---haven Adriann Alexander Building Department Permit Technician City of Renton 425 430-7283 »> "Niki Franklin" <nfranklin@westcotthomes.com> 07/18/0711 :06 AM >>> Adriann, are the new trees approved also?? Thanks. Niki FranklinConstruction Support Westcott Homes From: Adriann Alexander [mailto:AAlexander@ci.renton.wa.us] Sent: Wednesday, July 18, 2007 10:48 AM To: Niki Franklin Subject: Deck PermitThe permit for the deck at 4726 Burnett Ct S. is approved and ready to pick up. The permit number is 8070400 and there is no balance due. Thanks, Adriann Alexander Building Department Permit Technician City of Renton 425 430-7283 Page 3 W[STCOTT HOM[S 19515 North Creek Pkwy. Suite 300 Bothell. WA 98011 425.485.1590 phone 425.485.1597 fax Andrea Petzel, Planner Renton City Hall-6th Floor 1055 South Grady Way June 11, 2007 RE: Reconsideration of the Variance Decision for The Reserve at Stonehaven Lot #33 File # LUA07-047, V-A, Project Manager Andrea Petzel Dear Andrea, Thank you for reviewing our variance request and approving a landing and stairs for this house. Per the Administrators decision it has been approved to construct a 3' x 4' landing and stairs to serve as access to the rear yard and constructed prior to selling the home. The only access to the rear yard is from a sliding door in the dining nook, this sliding glass door is 6' in width. If we were to build the deck as approved, 2' of the door would be obstructed by the deck railing and would be absent of a section of landing. We do not believe that this was the intention of the Administrator. Our specific request is to allow for a landing to be built that is 3' x 6'6", so as not to obstruct the sliding door. This landing would not increase in depth just in length by 2'6". The deck has been designed to have the least impact to other neighboring properties and would be the best alternative to not having access to a yard. In addition, as per the variance request decision, to reduce any impact that this landing may have, we will plant 3 new trees approximately 2" in caliper in the north east comer of the lot. This house is under contract to close on or before July the 2 nd, the new owners have to be out of their house by the 4th. We request that it not be contingent on being complete prior to selling and that landing be built as soon as it has been approved by the building department. This house does have its Certificate of Occupancy allowing us to close on the property and have owners to move in before they have to be out of their old house. Thank you for your support. Sincerely, Ch~ll~ Westcott Homes westcotthomes.com REPORT & DECISION Decision Date: Project Name: Applicant: File Number: Project Summary: Project Location: Exist. Bldg. Area: Site Area: City of Renton Department of Planning / Building / Public Works ADMINISTRATIVE VARIANCE LAND USE ACTION June 7, 2007 Stonehaven Lot #33 Variance Cheryl Cardwell The Reserve at Stonehaven, LLC 19515 North Creek Pkwy. Suite 300 Bothell, WA 98011 LUA07-047, V-A Project Manager: Andrea Petzel, Associate Planner The applicant requests a rear yard setback variance to allow for the construction of a 5'xlO' attached deck and stairs. The subject property is located in the R-8 Zone, where the required rear yard setback is 20 feet. The rear yard setback would be reduced to 15 feet. Lot size is 7,338 square feet, with 2,096 square feet oftot coverage (29%). There are no critical areas onsite. 4726 Brunett Court S. 2,096 sq. ft. Pmr)()sed New Bldg Area: 50 sq. ft 7,338 sq. ft. Total Building Area: 2,146 sq. ft. REPORT & DECISION Decision Dale: Project Name: Applicant: File Number: Project Summary: Project Location: Exist. Bldg Area: Site Area: City of Renton Department of Planning / Building / Public Works ADMINISTRATIVE VARIANCE LAND USE ACTION June 7,2007 Stonehaven Lot #33 Variance Cheryl Cardwell The Reserve at Stonchaven, LLC 19515 North Creek Pkwy. Suite 300 Bothell, W A 98011 LUA07-047, V-A Project Manager: Andrea Petzel, Associate Plarmer The applicant requests a rear yard setback variance to allow for the construction of a 5'xlO' attached deck and stairs. The subject property is located in the R-8 Zone, where the required rear yard setback is 20 feet. The rear yard setback would be reduced to 15 feet. Lot size is 7,338 square feet, with 2,096 square feet of lot coverage (29%). There are no critical areas onsite. 4726 Burnett Court S. 2,096 sq. ft. Proposed New Bldg Area: 50 sq. ft 7,338 sq. ft. Towi Bui/ding Area: 2,146 sq. ft. City of Renton PIBlPW Department Stonehaven Lot #33 Variance REPORT OF JUNE 7. 2007 Page 2 of 6 A. Type of Land Use Action Conditional Use Site Plan Review Special Permit for Grade & Fill X Administrative Variance B. Exhibits The following exhibits were entered into the record: Administrative Report and Decision LUA07-047, V-A Binding Site Plan Shoreline Substantial Development Permit Administrative Code Determination Exhibit No.1: Yellow file containing: application. proof of posting and publication. and other documentation pertinent to this request. Exhibit No.2: Zoning and Neighborhood Detail Map Exhibit No.3: Site Plan Submitted with Variance Application Exhibit No.4: Photo Exhibit No.5: Approved Building Permit CP06056 C. Project Description / Background: The applicant requests a rear yard setback variance at 4726 Burnett Court S in order to allow a deck with stairs that would provide access to the rear yard from the first noor of the existing home. The subject property is Lot 33 of the Reserve at Stonehaven located in the Residential-8 (R-8) zone. The required rear yard setback in the R- 8 zone is 20 feet. The house sits on a comer lot along Burnett Court S. The site is relatively nat, with a slight downward slope to the northwest comer. Lot size is 7,338 square feet, with 2,096 square feet of lot coverage (29%). There are no critical areas onsite. Abutting lots to the north and the east have similar single-family residences. The existing house meets all setback requirements and was approved per building permit CP06056, which did not indicate plans for an elevated deck in the rear yard. The applicant proposes a 5'x 1 0' attached deck and stairs which would provide access to the rear yard. but reduce the rear yard setback to 15 feet. The height of the proposed deck is approximately five feet from finished grade. City of Renton PIB/PW Department Stonehaven Lot #33 Variance REPORT OF JUNE 7, 2007 Page 3 of 6 D_ Findings Administrative Report and Decision LUA07-047, V-A 1. Request: The applicant, Cheryl Cardwell, has requested approval for an Administrative Variance for the property at 4726 Burnett Court South. The variance is requested from RMC 4-2-11 OA, which requires a 20 foot rear yard setback from the property line. The applicant is requesting a variance in order to reduce the northern rear yard setback area to approximately IS feet. 2, Administrative Variance: The applicant's Administrative Variance application complies with the requirements for information for a variance. The applicant's site plan and other project photo are entered as Exhibits 3 and 4, 3. Existing Land Use: Land uses surrounding the subject site include: North: R-8 zone, developed as single-family residential; South: R-8 zone, developed as a single-family residential home (across the street); East: R-8 zone, developed as a single-family residential home, and; West: R-8 zone, developed as a single-family residential home (across the street). 4. Consistency with Variance Criteria: Section 4-9-250B5 lists four criteria that the Reviewing Official is asked to consider the following four criteria, along with all other relevant information, in making a decision on an Administrative Variance application. The variance criteria are as follows: a. That the applicant suffers undue hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification; Through strict application of the zoning code the applicant doesn't necessarily suffer any undue hardship because of special circumstances pertaining to the size, topography, location or surroundings. The existing house was designed and built to meet the requirements for the R-8 zone, including, setbacks, density and lot coverage. However, it could be argued that Lot 33 is an unusual shape that merits consideration for a variance. It is almost triangular in nature, and bordered by Burnett Court South on one of three sides. b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated; Granting the variance doesn't appear to be materially detrimental or injurious to the properties in the vicinity. The presence of a door on the north fa,ade signals that a landing or deck is intended. It reduces the distance of rear yard setback area between Lot 33 and the abutting lot to the north, which is the side yard to an existing single-family home, but it is a relatively minor impact. Renton Municipal Code allows for up to a 2-foot encroachment into setback areas with a bay window, uncovered porch, etc. (but not an entire side of a house). As a condition of approval, City staff recommends that the applicant would be required to plant 3-4 trees along the northern property line to act as a screen or buffer, which would effectively mitigate for any loss of privacy to the lot to the north. City of Renton PIB/PW Department Stonehaven Lot #33 Variance Administrative Report and Decision LUA07-047. V-A REPORT OF JUNE 7, 2007 Page 4 of 6 c. That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. and; Granting an Administrative Variance in this situation would not necessarily constitute a special privilege. Surrounding homes also have decks that access their back yard, so in terms of architectural comparison, granting a variance access to the rear yard does not constitute a special privilege. The subject lot is somewhat constrained by its unusual shape and granting a variance would allow the homeowners access to their rear yard from the first floor of their house. The first story sliding glass door is already in place and it seems rcasonable to accept that the future homeowners would like to use the door as a means of access to their rear yard. However, it could be argued that approving the required variance in this situation would, in fact, constitute special privilege, if financial value for the builder were the sole reason for granting the request. It could also be argued that the City would be granting a special privilege because the developer could adhere to the code and simply add a 2'xlO' balcony to the house, rather than the proposed 5'xlO' deck. In that scenario, both the balcony and the house would be compliant with the development regulations. d. That the approval as determined by the Reviewing Official is a minimum variance that will accomplish the desired purpose. City staff has determined that the variance requested is not the minimum that would accomplish the desired purpose. As stated in their application letter, the desired purpose of the applicant is to grant the future homeowners access to their rear yard from the first story of their house through the existing sliding glass door. A 2'x 1 0' balcony could be installed, but that misses the intent; access to the rear yard. However, a 5'xlO' deck and stairs (as requested) exceeds a reasonable standard for achieving the desired purpose of access by adding an additional layer of use, the deck. Per RMC 4-2-110D4a, protrusions (such as bay windows or balconies) no greater than 2 by 10 feet are permitted. Adding a balcony that conforms to the standard for an allowable protrusion is not only possible; it effectively negates the need to apply for a variance. However, adding a balcony rather than a deck and steps wouldn't allow the new homeowners access to their rear yard. Adding a deck seems to be an unnecessary addition, as it does not serve the desired purpose of access to the rear yard. Therefore, City staff recommends as a condition of approval that the applicant reduce the area of the landing outside the sliding glass door to 3'(perpendicular to the house) x 4' (the length of the sliding door). This is the minimum amount necessary to grant access from the house to the rear yard, and offers the minimum amount of encroachment (1 foot) into the rear yard setback area. E. Conclusions I. The application as proposed does not meet the minimum criteria for a variance. 2. Staff-recommended changes would result in a proposal that meets variance criteria. City of Renton PIBIPW Department Stonehaven Lot #33 Variance REPORT OF JUNE 7. 2007 Page 50f6 Administrative Report and Decision LUA07·047, V·A 3. The recommendation of staff is to approve the variance request, as modified per conditions to reduce the size of the deck or replace with a 2x I 0 foot balcony; and, provide additional screening by planting trees on the north property line. F. Decision The Administrative Variance for the Jones Side Yard Setback Variance File No. LUA07-047, V-A is approved subject to the following conditions: I. Prior to final sale of the house, the applicant shall plant 3-4 trees to act as a screen or buffer along the north property line. The trees shall have a minimum caliper of 2 inches, and prior to planting the trees the applicant shall submit a written letter outlining the species to be used, for approval by the Development Services project manager. 2. Prior to selling the house, the applicant shall revise building pennit and construction plans for CP06056 to include either the 2'xlO' balcony or the 3'x4' landing and stairs. The building pennit will be reviewed and approved by the Planning and Building departments and must meet all applicable codes. SIGNATURE: Neil Watts, Director, Development Services Division TRA NSMITTED this 7'11 day oJ June, 2007 to the applic(llll and owner: Cheryl Cardwell The Reserve at Stonehaven, LLC 19515 North Creek Pkwy. Suite 300 Bothell, WA 98011 TRANSMITTED this 111 day of June, 2007 to the parties of record: There are no parties of record for this project. TRA.NSMITTED this 7th day of June, 2007 to the/allowing: Larry Meckling, Building Official Larry Rude, Fire Prevention Neil Watts, Development Services Director Date City of Renton PIB/PW Department Stonehaven Lot #33 Variance REPORT OF JUNE 7. 2007 Page 6 of 6 Land Use Action Appeals Administrative Report and Decision LUA07-047, V-A The administrative land use decision will become final ifthe decision is not appealed within 14 days of the date of approval. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.2l.C.075(3); WAC 197-11-680). RMC Title IV, Section 4-8-11.B, governs appeals to the Hearing Examiner and requires that such appeals be filed directly with the Office of the Hearing Examiner. Appeals must be made in writing on Or before 5:00 PM on June 21, 2007, and must be accompanied by a $75.00 fee and other specific requirements. THE APPEARANCE OF FAIRNESS DOCTRI:\fE provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation ofthe appeal by the Court. Ave. SE S 1 ''''U. R-14 CDW) R-10 R-4 R-l -4 SE 187th St..F r:q rn gt 4,-- -d' s:: 8 ...... , I SE 190thj ~ ZONING '0 :, TICIOOCAL SDVICBS / ,.J J4 • S T22N RSE W 112 SE 190th SE 1 1:4.800 o 200 tOO 14 32 T23N R5E W 71NING MAP 80-'( 7 81 26 T:24N A4E C1 334· G1.·.~·· 3 T231\1 R41!"~"' . 44 C2 / "la:T23t'{84E \335336 >h2···;:~'ij··· .. G· ..... A; "~ ,···UV '. .~!\ ~~ ~4.:T231 R4E 19'f23N A~'c .,,':, 2o.T23NH5E r ··· 60::j4 ;?IBM '~\14 15:, . J6 ~ '17" 22N A4E 36 t23N R4E 607 J2 t T22NR4E 6 T22N Fj5E BFS1l'£NTI"' ~ Resource ConllervllUoD ~ Residential 1 dulac ~ Reridential 4 dulac ~ Residential 8 dulac ~ Relidential Manufactured HDme. I R-IQ I Rellidential 10 dulac 11<-141 ReBidential 14, dulac I RM-rl RelJidential Multi-Family 33 T23N ~ . :.\ "34 T23N R5E 35 T23N R5E'" . 610'632 ; 833 5 T22N R5E lIIXIID lJSE CElITER ~ Center VW.,e Iuc-NII Urban Center -Nortb 1 IUC-N21 Urban Center -North 2 ~ Ceni.tlr DOWDloll'D· ~ Commerclal/otftc e/Rea1dential COYMERClc\J ~ Commercial Arterial- ~ Commercial Orrice- J7 2T22N A5E lNIWSTBlM. ~ Industrial -Heavy o Industrial -Medium o Induslrial -Licht {P> Publicly DlrIled _._ Renton City Limit. ___ Adjacent City Limit.. _ Book Pages Boundary 8 ~ 36 .6 1T2 I RM-T I Ruldential Multi-Fe.mily Traditional ~ Commerclal Ne:1lbborhDDd KROll PAGE I RM-U I Rellidential llulti-FIlIIlily Urban Cel1te~ Printed by Print & Mail Services, City of Renton • May includ" Overlay Districts, See Appendix mapll. For sdditional reJUlationll in Overlay DllltMct.. please 8ee RYC 4-3. PAGE# INDEX SECT!TOW~E o en 10''''1'''- PATIO 90' l~il1:33;r' __ -r-r-_l-L:1J~~~J2~-,,~~ ---394-- - - '\ ; / / / / 33 7.3515 SQFT. '\ '\ I I I I I I I I I I I I I 26 '\ ---... " '\ '\ '\ '\ '\ '. '\ NOTES '-" " " " " --'<:-"'<:' '-'- ~ B<OSIONISEDiM:NT CONll<OL M':ASLI<ES M..JST BE A...NCTIONAL AND LEGEND BE MAINT AiI'ED TI-ROl.JGI-lOUT CONSTI<UCTION. 2. MAl\lTAIN POSITIVE DRAINAGE AWAY fROIvi Tl-E STI<UClU<E. I I J --- 3. ENTIRE LOT. 'M-ERE EXPQSI3) SOLS l<EMAIN AFTE< CONSTI<UCTION ~ EXJSTIA<OP ORANAGE IS LAtvSCAPED WITH PLANTS AND 8ARKIMLLrn 4. ROOF DRAINS TO DlSO-lARGE iNTO EXISTiNG STORM DRAINAGE B CONCRETE DRIVEWAY SYSTEM ENTIRE Sl1E TO EE DISTU<8ED. 5. TEM='ORARY JNTB<CEPTOR SWALE TO DISCI-W1GE iNTO EXlSrnG STORM DRAINAGE SYSTEM ,...---- r SCALE: I' • 20' LOT NO.: 33 LOT AREA: 7.3515 SQ. FT. IMpERVIOUS AREA: 2.666 SQ. FT. PROJECT SITE ADDRESS oE'Ia.~~~E.~O~ JOB. NO. ~~ ~=~. TI-lE RESERVE 4726 ~'COI.J<T S. ~ SJ1E 300 AT STONEI-lAVEN RENTO-I. WA ... ~'( -3100 8OlH3..L WA 98011 ",,,, (425.) 485-1590 EO til o ------~_/ / I I I I I L ______ _ '{~ LOT 33 --394 --- 299u 5 -r------- ~I I I ~' ." . ~ .~iv~~1· I I I I 26 , . . NOTES I, EROSIONISEDlt.'ENT CONTROL tvEASURES MUST EE FUNCTICNAL AND LEGEND EE MAMAINED ~T CONSTRUCTION. 2, MAINTAIN POSITIVE DRANAGE AWAY FROM n-E S11<I.CT1.1R5 I I I I l --- 3. ENTIRE LOT. WI-B<E EXPOSED SOILS l<EMAIN AF1'ER CQ\iSTRUCTION -EXISTIf'RCf' DRAINAGE ---- IS L.l>NJSCAPED '/'iffi.l PLANTS AN) BARKfMU..CH. r;:<l A, ROOF Di<"AINS TO DISCHARGE INTO EXISTING STORM DRAINAGE ~ CONC:RI=TE DRIVEV'/AY SYSTEM ENTIRE SITE TO BE DiSTU<8ED, 5. TElvF'ORARY INTERCEPTOR $WALE TO DISCHARGE NrO EXISTING STORM DRAINAGE SYSTEM. . i uS SCALE: It " 20' LOT NO.: 33 LOT AREA: 7.'285 SO. FT. ~,\Dl SO. FT. '1he laSfrvt. /lt3torRloli fl, 10519 -20m ST SE. SUITE I EVERETT, WA 98205 A25-397-8070 PROJECT 1hL Kesevv€ iti stUlt he. lJe..0 SITE ADDRESS JOB. NO. 1-f7() Lr 23 u rnd-f c.. -t S. '. Nn-ion I Wfl RECEIVED FEB 27 . City enton Department of Planning / Building / Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET COMMENTS DUE: MAY 31, 2007 , APPLICATION NO: LUA07-047, V-A DATE CIRCULATED: MAY 17, 2007 APPLICANT: The Reserve at Stonehaven, LLC PROJECT MANAGER: Andrea Petzel REci:'lVED PROJECT TITLE: Stonehaven Lot #33 Variance PLAN REVIEW: Ameta HenninQer ... v ,., """ .. SITE AREA: 7,338 square feet BUILDING AREA (Qross): 2,980 square feet LOCATION: 4726 Bumett Court S. I WORK ORDER NO: 77754 BUILDING DIVISION SUMMARY OF PROPOSAL: The applicant requests a rear yard setback variance to allow for the construction of a 5'x10' attached deck and stairs. The subject property is located in the R8 Zone, where the required rear yard setback is 20'. The rear yard setback would be reduced to 15'. Lot size is 7338 square feet, with 2096 square feet of lot coverage (29%). There are no critical areas onsite. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Air Watsr Plants LandlShoreline Use I~ Animals Environmental Health Public SSMess Energy/ Natural Resources A~".~ . :~:ggg~:: B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is needed to properly assess this proposal. <) b~ DateT / City enton Department of Planning I Building I Pub,," Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MAY 31, 2007 APPLICATION NO: LUA07-047, V-A DATE CIRCULATED: MAY 17, 2007 APPLICANT: The Reserve at Stonehaven, LLC PROJECT MANAGER: Andrea Petzel D ~';:"U~Hi'~;V':; 1'\ PROJECT TITLE: Stonehaven Lot #33 Variance PLAN REVIEW: Amela Henninaer SITE AREA: 7,338 square feet BUILDING AREA (gross): 2,980 sauare~e'~l 10 {WI LOCATION: 4726 Bumett Court S. WORK ORDER NO: 77754 BUILDING DIVISION SUMMARY OF PROPOSAL: The applicant requests a rear yard setback variance to allow for the construction of a 5'x10' attached deck and stairs. The subject property is located in the R8 Zone, where the required rear yard setback is 20'. The rear yard setback would be reduced to 15'. Lot size is 7338 square feet, with 2096 square feet of lot coverage (29%). There are no critical areas onsite. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earlh Housin Air Aesthetics Water Light/Glare Plants Recreation LandlShoreline Use Utilities Animals TransfX)ftation Environmental Health Public Services Energy/ HistoricJCultural Natural Resources Preservation Airport Environment 10,000 Feet 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS We have revIewed thiS apR' atlon With particular attention~o those areas in which we have expertIse and have identifIed areas of probable impact or areas where additional Inli atlon IS need d to properly s ess thIS proposal. =~~~~~:-l=::...l.-~h/l::2..."""":::":":~, y eX ! MOttA d-() 0--7 "'-Date ~ I City enton Department of Planning / Building / Puv,,~ Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: COMMENTS DUE: MAY 31,2007 APPLICATION NO: LUA07·047, V·A DATE CIRCULATED: MAY 17, 2007 APPLICANT: The Reserve at Stonehaven LLC PROJECT MANAGER: Andrea Petzel PROJECT TITLE: Stonehaven Lot #33 Variance PLAN REVIEW: Amela Henninaer SITE AREA: 7,338 square feet BUILDING AREA (aross): 2,980 square feet LOCATION: 4726 Burnett Court S. I WORK ORDER NO: 77754 SUMMARY OF PROPOSAL: The applicant requests a rear yard setback variance to allow for the construction of a 5'x10' attached deck and stairs. The subject property is located in the R8 Zone, where the required rear yard setback is 20'. The rear yard setback would be reduced to 15'. Lot size is 7338 square feet, with 2096 square feet of lot coverage (29%). There are no critical areas onsite. A. ENVIRONMENTAL IMPACT (e.g. Non·Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable Mare Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earlh lousk", Air w_ Plants ~ Land/Shoreline Use UtiNties Animals Environmental Health Public Setv""'s Energy! Nafural Resources A;~~F' ~·;';'OF. ro~u; B. POLICY·RELA TED COMMENTS C. CODE·RELA TED COMMENTS We have reviewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas where additional information is ne ed to properly assess this proposal. Signature of Director or Authorized Representative Date City enton Department of Planning I Building I PUv<l" Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: Ct.l (:,+I'U1~-hnr\ APPLICATION NO: LUA07-047, V-A APPLICANT: The Reserve at Stonehaven, LLC PROJECT TITLE: Stonehaven Lot #33 Variance SITE AREA: 7,338 SQuare feet LOCATION: 4726 Burnett Court S. COMMENTS DUE: MAY 31,2007 DATE CIRCULATED: MAY 17, 2007 PROJECT MANAG ER: Andrea Petzel PLAN REVIEW: Arneta HenninQer BUILDING AREA (Qross): 2,980 SQuare feet I WORK ORDER NO: 77754 MA~ 17 2007 "" III nll\l(.\ nlVISION SUMMARY OF PROPOSAL: The applicant requests a rear yard setback variance to allow for the construction of a 5'x10' attached deck and stairs. The subject property is located in the R8 Zone, where the required rear yard setback is 20'. The rear yard setback would be reduced to 15'. Lot size is 7338 square feet, with 2096 square feet of lot coverage (29%). There are no critical areas onsite. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Environment Minor Major Information Impacts Impacts Necessary Impacts Impacts Necessary Earth Housin Air Aesthetics Water U ht/Gfare Plants Recreation LandiShore/ine Use Utilities Animals Transportation Environmental Health Public Services Energyl HlstoriclCultural Natural Resources Preservation Airport Environment 10,000 Feel 14,000 Feet B. POLICY-RELA TED COMMENTS C. CODE-RELA TED COMMENTS We have viewed this application with particular attention to those areas in which we have expertise and have identified areas of probable impact or areas fe additional inform ion is n ed to P~P9rly assess this proposal. Date City. enton Department of Planning I Building I Public Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT:Pr,Y('cffLJ .<:'.\It~> COMMENTS DUE: MAY 31,2007 APPLICATION NO: LUA07-047 V-A DATE CIRCULATED: MAY 17, 2007 APPLICANT: The Reserve at Stonehaven, LLC PROJECT MANAGER: Andrea Petzel PROJECT TITLE: Stonehaven Lot #33 Variance PLAN REVIEW: Ameta Henninaer SITE AREA: 7,338 sauare feet BUILDING AREA (aross): 2,980 sauare feet LOCATION: 4726 Burnett Court S, WORK ORDER NO: 77754 SUMMARY OF PROPOSAL: The applicant requests a rear yard setback variance to allow for the construction of a 5'x10' attached deck and stairs, The subject property is located in the R8 Zone, where the required rear yard setback is 20', The rear yard setback would be reduced to 15', Lot size is 7338 square feet, with 2096 square feet of lot coverage· (29%), There are no critical areas onsite. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth Housin Air Aesthetics Water Light/Glare Plants Recreation LandlShoreline Use Utilmes Animals Transportation Environmental Health Public SeNices Energy! Historic/Cultura/ Natural Resources Preservation Airport Environment 10,000 Feet 14000 Feet B. POLICY-RELA TED COMMENTS C. E-RELATED COMMEN and h va identified areas of probable impact or Date City, enton Department of Planning / Building / Pub"c Works ENVIRONMENTAL & DEVELOPMENT APPLICATION REVIEW SHEET REVIEWING DEPARTMENT: F'ire COMMENTS DUE: MAY 31,2007 APPLICATION NO: LUA07-047, V-A DATE CIRCULATED: MAY 17, 2007 , ~~' '; ,'j -:"~' APPLICANT: The Reserve at Stonehaven, LLC PROJECT MANAGER: Andrea etZel PLAN REVIEW: Arneta Henning~r , I -- PROJECT TITLE: Stonehaven Lot #33 Variance ~.\ i "'. \ ! ! SITE AREA: 7,338 square feet BUILDING AREA (gross): 2,980 ~Qu<iJi fee\l AY t., i "i " £lJVI , LOCATION: 4726 Burnett Court S. WORK ORDER NO: 77754 I ~ __ , '-----1 SUMMARY OF PROPOSAL: The applicant requests a rear yard setback variance to allow for thlj constructioill(jf S'!%i,oratlaChed deck and stairs. The subject property is located in the R8 Zone, where the required rear yard setb ck is 20', 'Th.near yard setback ! would be reduced to 15'. Lot size is 7338 square feet, with 2096 square feet of lot coverage (29%). I!\ere are no critical ar~j onstte. A. ENVIRONMENTAL IMPACT (e.g. Non-Code) COMMENTS Element of the Probable Probable More Element of the Probable Probable More Environment Minor Major Information Impacts Impacts Necessary Environment Minor Major Information Impacts Impacts Necessary Earth /ou,ino Air Wafer Plants LandlShoreline Use f~ Animals Environmental Health Energy/ Natural Resources ~:f:ggg ~eel ':OOOF~~' B. POLICY-RELA TED COMMENTS !JA C. CODE-RELATED COMMENTS 'cular attention to those areas in which we have expertise and have identified areas of probable impact or to properly assess this proposal. ~k j't ~~--~~~~~~~~~~~~~---------------Date ~ I A Master AppllcaUon has been flied and accepted with the Dov"lopm"n! S8rvlc,,~ Division of the City of Renton. The follOWing brlafl~ describes the application and the nKenary Public Approval •. PROJECT NAME/NUMBER: SWneha,·en I 0\ #33 Var>ance I LUA07-047. V-A PROJECT DESCRIPTION: The apDllcJnl requ£!sls a rear yard sr.tback vanance to allow for the oonslruction 01 a S·x10· atta<.;hed dec~ and stows The subject ~rooertl is localad In the RS Zone where the required rear yard setback 1$ 20· The rear yard setback would oc reduced to 15· ~ot size IS 7338 square leet. with 2096 square feel of lot cOlierage (29%1. There are no cnllcal area5 on5118 PROJECT LOCATION: 4726 Burnell Court S PUBLIC APPROVALS: APPLICANT/PROJECT CONTACT PERSON Cherll Cardwell. The Reserve at Stonehaven. LLC; Tel {42S) 485-1590; Eml· ccardwell@wesoco\thomescom Comments on the above application must be submll!ed In writing to Amlr8a Petazel, Associate Plan_, Development S<lrvlclI$ DlVltdon, 1055 Soulh Grady Way, Romlon, WA 980-57, by $;00 PM on May 31, 2007. If you have queostions about this propasal. Or wisr to be made a party of record and re~ve add~Ional notification by mail. contact the Prolect Manager a\ ~4251 430-7270 Anyone who submits written comments Will autom9tically become a party 01 record and will be notified of any deCISion 0' thiS project PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IOENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: May 3, 20D7 May 17, 2007 May 17, 2007 11 you would li~e 10 be made a part/ 01 'eeord to reCeive 'urthe( information on thiS proposed proJect, comp1ete thiS form and retum to. City of Renton. De·,elopmcnl Planning lOSS South Grady Way. Renton. WA 98057. File Name I No Stone haven lot #33 Var,al1ce i lUA07-047. V·A NAME _______ _ MAILING ADDRESS ________________________ _ TELEPHONE NO. CERTIFICATION I, 5e:-rn Gem-I" hereby certify that "7 copies of the above document "\I.", . ~",,-""','" were posted by me in -2-conspicuous places or nearby the descnbed property o_,~~.ail \., YNo\';~11 ~: . ;,,'. .V;.-,. .;,.' n.~~ ~ _-,<JIIV •• -;., , ,,-I- DATE: S-/rg-SIGNED: ~ ",', (T '., "~~ =-!----T-« ,", "'"" ',,' .. "- :; ~ .~ ~ • • _ ~a .~~% ~~ A TrEST-Subscribed and sworn before me, a Notary Public, 10 and for the State of Washington reslding 1~ :.,:....01) "'; = ~T\ Ulk~ .1:: 18 ", ~ "''''~'1''_10 ~: ~~~~~~~~R~R~,'~A~S~~~ TTl"\\\,,,,"''' CITY OF RENTON CURRENT PLANNING DIVISION AFFIDAVIT OF SERVICE BY MAILING On the 17th day of May, 2007, I deposited in the mails of the United States, a sealed envelope containing Acceptance Letter & NOA documents. This information was sent to: Name Cheryl Cardwell -The Reserve at Stonehaven, LLC Surrounding Property Owners -NOA only (Signature of Sender):. ~(j< 0wk[j/ STATE OF WASHINGTON ) ) SS COUNTY OF KING ) Representing Owner/Applicant/Contact See Attached I certify that I know or have satisfactory evidence that Stacy Tucker signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. §" ....... 'S.~~~/II Dated: 5 -l6 -07 :: \c" c:t.,~~ 9li 9 JIt :::~ ~ : ~o '/~$ ~ , -.-" , liOn :;;<~ £::: Nota ry (Pri nt) :_--,A-,,' ,,-, Y.!..,'-'I"'-::>"'{--'C_-"J,....;v'f-'-I).J...LO-'-..JN....!("")'-'tl-'--"..Ltn.L..>~q~no.~ '''T.,.---,''' .. I.tI' .. ..,..,.>.,'':;,--,;z''''' ~~:~ T ~ I , ~ \) .. 0-My appointment expires: '] -\ n .'/ 0 "'VJ'~ <C_ 19-\ ..... ~.-.:..: rJ' I111 ~ ;::h"""~~~.$' II, f: WA$T';. ............ 'hll\\\""" Project Name: Stonehaven Lot #33 Variance Project Number: LUA07-047, V-A · . 723800003003 ANDEBRHAN BEYENE+WAINNIE AS 4715 BURNED CT 5 RENTON WA 98055 723800023001 CHU GWEN HUYEN 9065 48TH ST RENTON WA 98055 322305918300 DEPT OF NATURAL RESOURCES PO BOX 47016 OLYMPIA WA 98504 855920007009 HOLMES TIMOTHY A+KRISTA M 7395 47TH ST RENTON WA 98055 723800006006 KHUU VAN+JULIE 4733 BURNED CT 5 RENTON WA 98055 723800026004 MARENTES JOSE N 8665 48TH ST RENTON WA 98055 723800001007 PHAM CHINH C+MICHELLE T DAN 4703 BURNETT CT 5 RENTON WA 98055 312305904806 SCHNEIDER HOMES I LLC 6510 SOUTHCENTER BLVD STE 1 TUKWILA WA 98188 855920001002 SPERBER JOHN LEE+KARLA JOANNE 7355 47TH ST RENTON WA 98055 723800004001 WOO KYLE P+RANDY W 4721 BURNED CT 5 RENTON WA 98055 723800024009 BUI ANNA T 8745 48TH ST RENTON WA 98055 723800008002 CONDELLES JAMES+CHRISTINA R 8555 48TH ST RENTON WA 98055 723800007004 FULLER LARRY HSHARIE L 4739 BURNETT CT 5 RENTON WA 98055 723800005008 HUNTER GLORIA L 4727 BURNED CT 5 RENTON WA 98055 322305917005 LONGO L 18509 102ND SE RENTON WA 98055 855920002000 NAVARRO JAIME+JOYCE 7295 47TH ST RENTON WA 98055 855920003008 RASMUSSEN DAVID N+RUSSO TRA 7235 47TH ST RENTON WA 98055 723800032002 SIVONGXAY PHON+MAY 8655 47TH ST RENTON WA 98055 723800036003 UMAROV MURAT +RUSTAM+BOTAGOZ 4700 BURNETT CT 5 RENTON WA 98055 855920018006 YU XINYAN 736 5 47TH ST RENTON WA 98055 723800027002 CABILES PEARL ANN 8705 48TH ST RENTON WA 98055 855920005003 DEAN DENNIS+CAROL 4714 SMITHERS AVE 5 RENTON WA 98055 855920017008 Ol-O'f7 5-11-01 GRADY MICHAEL W+SHIRIN 7305 47TH ST RENTON WA 98055 322305917609 KELLY JEFFREY+JESSICA 4823 MAIN AVE 5 RENTON WA 98055 322305917104 MACKENZIE JOSEPH + MARTHA 4835 MAIN AVE 5 RENTON WA 98055 723800030006 NGUYEN COUNG T + TRAN NINA N 9035 47TH ST RENTON WA 98055 723800035005 RESERVE AT STONEHAVEN 10519 20TH ST SE STE 1 EVERED WA 98205 855920006001 SPECIALIZED HOMES 3001 E YESLER WAY SEADLE WA 98122 723800020007 VOONG PHANG K 9105 48TH ST RENTON WA 98055 NOTICE OF APPLICATION A Master Application has been filed and accepted with the Development Services Division of the City of Renton. The following briefly describes the application and the necessary Public Approvals. PROJECT NAME/NUMBER: Stonehaven Lot #33 Variance J LUA07-047, V-A PROJECT DESCRIPTION: The applicant requesls a rear yard setback variance to allow for the construction of a 5'x10' attached deck and stairs. The subject property is located in the R8 Zone, where the required rear yard setback is 20'. The rear yard setback would be reduced to 15'. Lot size is 7338 square feet, with 2096 square feet of lot coverage (29%). There are no critical areas onsite. PROJECT LOCATION: 4726 Burnett Court S. PUBLIC APPROVALS: Administrative Variance approval APPLICANT/PROJECT CONTACT PERSON Cheryl Cardwell, The Reserve at Stonehaven, LLC; Tel: (425) 485-1590; Eml: ccardwell@Westcotthomes.com Comments on the above application must be submitted in writing to Andrea Petezel. Associate Planner, Development Services Division, 1055 South Grady Way, Renton, WA 98057, by 5:00 PM on May 31, 2007. If you have questions about this proposal, or wish to be made a party of record and receive additional notification by mail, contact the Project Manager at (425) 430-7270. Anyone who submits written comments will automatically become a party of record and will be notified of any decision on this project. PLEASE INCLUDE THE PROJECT NUMBER WHEN CALLING FOR PROPER FILE IDENTIFICATION DATE OF APPLICATION: NOTICE OF COMPLETE APPLICATION: DATE OF NOTICE OF APPLICATION: May 3,2007 May 17, 2007 May 17, 2007 If you would like to be made a party of record to receive further information on this proposed project, complete this form and return to: City of Renton, Development Planning, 1055 South Grady Way, Renton, WA 98057. File Name I No.: Stonehaven Lot #33 Variance I LUA07-047, V-A NAME: MAILING ADDRESS: _____________________________ _ TELEPHONE NO.: _____________ _ May 17,2007 Cheryl Cardwell The Reserve at Stonehaven, LLC 19515 N Creek Parkway #300 Bothell, W A 98011 Subject: Stonehaven Lot #33 Variance LUA07-047, V-A Dear Ms. Cardwell: CIT .... T OF RENTON Planning/BuildinglPublic Works Department Gregg Zimmerman P.E., Administrator The Development Planning Section of the City of Renton has determined that the subject application is complete according to submittal requirements and, therefore, is accepted for review. You will be notified if any additional infonnation is required to continue processing your application. Please contact me at (425) 430-7270 if you have any questions. Sincerely, {fvkrt#{ Andrea Petzel, Planner Development Services -------------I-05-5-S-o-u-fu-O-rn-d-y-W-a-y---R-e-nt-o-n,-W-a-s-h;-n-gt-on--9-S0-5-7-------------~ * This papercor.tains 50% recycled material, 30% post consumer AHEAD OF THE CURVE City of Renton LAND USE PERMIT MASTER APPLICATION PROPERTY OWNER(S) PROJECT INFORMATION NAME: ''''c. ~GSe.w~ Gl+ 'i:;+ovJe h:t V6Vl .~ PROJECT OR DEVELOPMENT NAME: 1Vie.. R~ct+ 0~~ /).(,;Y'v lcI-5 E> VA'?- ADDRESS: I q 5' \ 5" AJ ",,-1M C-v u, It. of'tlYv 6 TE 300 • CITY: ZIP: PROJECT/ADDRESS(S)IlOCATION AND ZIP CODE: i1 (Zb i3w 1I\c..-tJ... Q.w/-'r5 &>~clL I UJ14. cr ZO II ~0V\~ I WI4- TELEPHONE NUMBER: 4l'S -'is:)' -I'ISD KING COUNTY ASSESSOR'S ACCOUNT NUMBER(S): APPLICANT (if other than owner) 12 3"'3~ocJ 330 NAME: EXISTING LAND USE(S): S ,' .... '" Ie. ~,., .. L'l Re~;c(I/IVJ.. COMPANY (if appl~le): . PROPOSED LAND US~S): t'Z> F--- ADDRESS: EXISTING COMPREHENSIVE PLAN MAP DESIGNATION: e..~F- CITY: ZIP: PROPOSED COMPREHENSIVE PLAN MAP DESIGNATION (H applicable): TELEPHONE NUMBER EXISTING ZONING: 'K?5 CONTACT PERSON PROPOSED ZONING (H applicable): NAME: C ~NI Ca.~we\ ~ SITE AREA (in square feel): 7 33~ SQUARE FOOTAGE OF PUBLIC ROADWAYS TO BE COMPANY (if applicable): l""Thp~~~~ )+OWJ hav~{....L.(l DEDICATED: - SQUARE FOOTAGE OF PRIVATE ACCESS EASEMENTS: ADDRESS: ~ V15TS ;00(~ c..vOCl.¥i:::UJLb1'E ?,DO PROPOSED RESIDENTIAL DENSITY IN UNITS PER NET CITY: ZIP: ACRE (if applicable): ,r fu-H1c-ll UJA CfC6o/l NUMBER OF PROPOSED LOTS (if applicable): ,/ TELEPHONE NUMBER AND E-MAIL ADDRESS: 4z5 -y.~'5'" -/&to / CU\~OWeu. C!- NUMBER OF NEW DWELLING UNITS (if applicable): ,.-/ lUlflt'CD-t+ Q:weblpw/devserv/formslplanninglmasterapp.doc 07/29105 PROu~CTINFORMATrl_O_N~(_cco_n_t_in~u_eu~J) ______________ ~ NUMBER OF EXISTING DWELLING UNITS (~ applicable): , SQUARE FOOTAGE OF PROPOSED RESIDENTIAL BUILDINGS (if applicable): SQUARE FOOTAGE OF EXISTING RESIDENTIAL BUILDINGS TO REMAIN (if applicable): 2.'iW sr' SQUARE FOOTAGE OF PROPOSED NON-RESIDENTIAL BUILDINGS (n applicable): SQUARE FOOTAGE OF EXISTING NON-RESIDENTIAL BUILDINGS TO REMAIN (if applicable): NET FLOOR AREA OF NON-RESIDENTIAL BUILDINGS (if applicable): NUMBER OF EMPLOYEES TO BE EMPLOYED BY THE NEW PROJECT (if applicable): PROJECT VALUE: IS THE SITE LOCATED IN ANY TYPE OF ENVIRONMENTALLY CRITICAL AREA, PLEASE INCLUDE SQUARE FOOTAGE (if applicable): o AQUIFER PROTECTION AREA ONE o AQUIFER PROTECTION AREA TWO o FLOOD HAZARD AREA sq. ft. o GEOLOGIC HAZARD sq. fl. o HABITAT CONSERVATION sq. fl. o SHORELINE STREAMS AND LAKES sq. ft. o WETlANDS sq. fl. , LEGAL DESCRIPTION OF PROPERTY (Attach legal description on separate s.heet with the following Information IncludedL SITUATE IN THE 5 LV QUARTER OF SECTION ~, TOWNSHIP. 21, RANGE .s-,IN THE CITY OF RENTON, KING COUNTY, WASHINGTON. . TYPE OF APPLICATION & FEES List all land use applications being applied for: 1. II C\.t\c. "'C~ 3. < 2. 4. . Staff will calc\llate applicable fees and postage: $ \00 AFFIDAVIT OF OWNERSHIP I. (Print Name/s) Q)C\. VV-. ':.. t::t:Mne-v-declare 1hat I am (please check one) _ 1ha current owner of1ha property Involved In this application or ---X... 1ha aulhorized representative 10 act for a corporation (please attach proof 01 authorization) and 1hat the foregoinQ sta~temants and _ herein contained and 1ha information herewi1h are In all raspects true and corract 10 1ha bast 01 my knowledge and belief. Icertify1hatlkncworhavesalisfactooyevidence1ha1 VV'?'I V~ c; . Don r-e-r signed this Instrument and acknowIedQed ~ 10 be hislherllhelr free and voluntary act lor the o uses and purposes mentioned in Ihelnstrumant . . . -rJ>. J. HJ\Ij>A (Signature of Owner/Representative) ~.V ~ <qv I;SION EXPI,£ ~"" Q;} ~ "'0' ,. (Signature of OwnerlRepresenlative) Q:weblpw/devserv/fonns/pianning/maslerapp.doc Notary Public in and for 1ha State 01 Washington Notary (Print) Re baCCi J . M rpc r if {1 l'I~'( 1'\.l\3LIC 9_\5-'2.0\0 § ~)')... .~~ • '" OF Wt>-"" . My appointment expires: 5t: pi. \ C; J 2-0) D . 2 07129105 . DEVELOPMENT SERVICES DIVISIOI WAIVt:" OF SUBMITTAL REQUll"u:MENTS FOR LAND USE APPLICATIONS This requirement may be waived by: 1. Property Services Section 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section Q:\WEB\Pw\OEVSERv\Forms\Planning\waiverofsubmitlalreqs_9-06.xis ,VELOPMENT SERVICES DIVISION WAIVER uF SUBMITTAL REQUIREIYII:NTS FOR LAND USE APPLICATIONS Agreement Statement AND 3 Inventory of Existing Sites 2 AND 3 Lease Agreement, Draft 2 AND 3 Map of Existing Site Conditions 2 AND 3 Map of View Area 2 AND 3 Photosimulations 3 This requirement may be waived by: 1, Property Services Section PROJECT NAME: _~L-=-'-· -=,--=-/'f"-'V\L-'-'I"-.)e=->C",-,'k,--",tl1",-,-,fi",,()JJI=(f,,=-- 2. Public Works Plan Review Section 3. Building Section 4. Development Planning Section DATE: _--#-fJ< ...... U"-"4'+'-f,4( ____ _ Q:IWEBIPWIOEVSERWormslPtanninglwaiverofsubmittalreqs_9-06.xls 09106 WESTCOTT HOMES Andrea Petzel, Planner Renton City Hall-6th Floor 1055 South Grady Way RE: Variance Request for The Reserve at Stonehaven Lot 33 Project Narrative: 19515 North Creek Pkwy. Suite 300 Bothell. WA 98011 425.485.1590 phone 425.485.1597 fax May 2, 2007 The location of the project is 4726 Burnett CT s. in Renton, Wa This is a new single family home that is 2980 SF. It is located on a corner lot with in the plat of The Reserve at Stonehaven, a 36 lot plat. This plat is zoned R8 and the site area of the lot is 7338 SF, it conforms to the lot density for the plat. All of the development regulations have been met and all site improvements have been made, including all wet and dry utilities. This new RSF home has obtained its Certificate of Occupancy and is ready to be sold to a loving new family. Justification for request: This house sits on a sloped lot to the rear of the yard; it is also a corner lot that abuts to the street on 2 sides. Its only access to the rear yard is from a sliding door in the dining nook. Due to the slope of the yard the sliding door is approximately 5' from finished grade. We acknowledge that in the planning stages of this house we could have done a better job to reduce this impact. In the City of Renton we would.,be allowed to pour a patio or construct a deck in the rear yard setback if it was not more that 18" high. ~ur specific request is to allow for a deck to be built within the rear yard setback to allow for the home owners to access this area of their yard. In doing so the deck would be built to the plans attached and would be approximately 3.5' above what the current code would allow. This deck would encroach into the setback 5' and would be 10' wide, with stairs to a poured patio at grade. This new deck would not be detrimental to the neighboring homes since it abuts their side yard and would still leave a 15' buffer between them. All the other homes in the plat have access to their rear yard so this would not constitute a grant of special privilege; only add this benefit to a home that doesn't otherwise have that ability. The deck has been designed to have the least impact to other neighboring properties and would be the best alternative to not having access to a yard that the city required. In addition, to reduce any impact that this deck may have, we would plant 2 new trees approximately 2 Yz" in caliper in the north east corner of the lot. Thank you for your support. S~~ Cheryl Cardwell Westcott Homes westcotthomes.com CHICAGO TITLE INSURANCE COMPANY DEV~g~~~Wo%NING 25668104TH AVENUE SE. KENT. WA 98031 A.L.TA COMMITMENT SCHEDULE A Order No.: Title Unit: Phone: Fax: U-ll (253)520-7691 (253)856-9775 Customer Number: RESERVE AT STONEHAVEN/PESTL Buyer(s): LUE PESTL AND ANGELA PESTL Officer: LORI FORBES, PENNI WARREN, JANE PERRY Commitment ElTective Date: APRIL 26. 2007 at 8:00 A.M. 1 . Policy or Policies to be issued: PREMIUM APPLICABLE BETWEEN 1600.001.00 . 1610.000.00 Amount: $609 , 950 . 00 MAY -3 2007 RECEIVED 1209039 ALTA Owner's Policy 1992 STANDARD Premium: $468. 00 BUILDER SALE -STANDARD RATE Tax: $ 41.65 Proposed Insured: LUE PESTL AND ANGELA PESTL, HUSBAND AND WIFE Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Amount: $0.00 Premium: Tax: Amount: $0 . 00 Premium: Tax: 2. The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 3. Title to the estate or interest in the land is at the elTective date hereof vested in: RESERVE AT STONEHAVEN, LLC, A WASHINGTON LIMITED LIABILITY COMPANY 4. The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT CQMMA805/KLCilL1.05 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE A (Continued) Order No.: 1209039 Your No.: RESERVE AT STONEHAVEN/PESTL LEGAL DESCRIPTION EXHIBIT (paragraph 4 of Schedule A continuation) LOT 33, THE RESERVE AT STONEHAVEN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 233 OF PLATS, PAGES 43 THROUGH 47, IN KING COUNTY, WASHINGTON. CLTACMA6/RDAl0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA COMMITMENT SCHEDULEB Order No.: 1209039 Your No.: RESERVE AT STONEHAVEN/PESTl Schedule B of the polley or policies to be issued will contain exceptions to the following matters unless the same are disposed ofto the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession not shown by the public records. B. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. C. Easements, or claims of easements, not shown by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity, other utilities, or garbage collection and disposal. G. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims, or title to water. I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW WLTACOMB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULEB (Continued) Order No.: 001209039 Your No.: SPECIAL EXCEPTIONS 1. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON THE PLAT OF THE RESERVE AT STONEHAVEN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 233 OF PLATS, PAGES 43 THROUGH 47, IN KING COUNTY, WASHINGTON. 2. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND LIABILITY FOR ASSESSMENTS CONTAINED IN INSTRUMENT, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW: RECORDED: RECORDING NUMBER: MARCH 21, 2006 20060321000568 3. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: SOOS CREEK WATER AND SEWER DISTRICT TALBOT DEVELOPMENT PARTNERS, LLC JULY 31, 2001 20010731000733 DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT 4. PAYMENT OF THE REAL ESTATE EXCISE TAX, IF REQUIRED. THE PROPERTY DESCRIBED HEREIN IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING AUTHORITY OF CITY OF RENTON. PRESENT RATE IS 1.78%. ANY CONVEYANCE DOCUMENT MUST BE ACCOMPANIED BY THE OFFICIAL WASHINGTON STATE EXCISE TAX AFFIDAVIT. THE APPLICA8LE EXCISE TAX MUST BE PAID AND THE AFFIDAVIT APPROVED AT THE TIME OF THE RECORDING OF THE CONVEYANCE DOCUMENTS. 5. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALT I ES) : CLTACMB1/RDAl0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA COMMITMENT SCHEDULEB (Continued) Order No.: 1209039 Your No.: RESERVE AT STONEHAVEN/PESTL SPECIAL EXCEPTIONS YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: 2007 723800-0330-00 2130 $ 124,000.00 $ 337,000.00 BILLED: PAID: UNPAID: $ 5,091.87 $ 0.00 $ 5,091.87 NOTE: IF THE TAX AMOUNT IS NOT EVENLY DIVISIBLE INTO TWO PAYMENTS, KING COUNTY WILL REQUIRE THE HALF PAYMENT BE ROUNDED UP TO THE NEXT CENT. FAILURE TO ROUND UP THE HALF PAYMENT MAY RESULT IN REJECTION OF THE TAX PAYMENT BY THE COUNTY. 6. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: THE RESERVE AT STONEHAVEN, LLC, A WASHINGTON LIMITED LIABILITY COMPANY CHICAGO TITLE INSURANCE COMPANY STERLING SAVINGS BANK $ 14,983,180.00 MARCH 24, 2006 MARCH 27, 2006 20060327001139 NOT DISCLOSED THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. AFFECTS: INCLUDES OTHER PROPERTY APPOINTMENT OF SUCCESSOR TRUSTEE: APPOINTED: BY: RECORDED: RECORDING NUMBER: FIDELITY SERVICE CORPORATION STERLING SAVINGS BANK NOVEMBER 3, 2006 20061103002208 CLTACMB2/RDAl0999 CHICAGO TITLE INSURANCE COMPANY A.LTA. COMMITMENT SCHEDULEB (Continued) Order No.: 1209039 Your No.: RESERVE AT STONEHAVEN/PESTl SPECIAL EXCEPTIONS 7. THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. NOTE 1: THE FOLLOWING DEED(S) AFFECTING SAID LAND WAS (WERE) RECORDED WITHIN 24 MONTHS OF THE DATE OF THIS COMMITMENT: NONE NOTE 2: COUNTY RECORDS INDICATE THAT THE ADDRESS OF THE IMPROVEMENT LOCATED ON SAID LAND IS: 4726 BURNETT COURT SOUTH RENTON, WASHINGTON 98055 NOTE 3: AS OF THE DATE HEREOF THERE ARE NO MATTERS WHICH WOULD APPEAR AS EXCEPTIONS IN THE POLICY TO ISSUE AGAINST: LUE PESTL AND ANGELA PESTL NOTE 4: EFFECTIVE JANUARY 1, 1997, DOCUMENT FORMAT AND CONTENT REQUIREMENTS HAVE BEEN IMPOSED BY WASHINGTON LAW. FAILURE TO COMPLY WITH THE FOLLOWING REQUIREMENTS MAY RESULT IN REJECTION OF THE DOCUMENT BY THE COUNTY RECORDER OR IMPOSITION OF A $50.00 SURCHARGE. FOR DETAILS OF THESE STATEWIDE REQUIREMENTS PLEASE VISIT THE KING COUNTY RECORDER'S OFFICE WEBSITE AT WWW.METROKC.GOV/RECELEC/RECORDS AND SELECT ONLINE FORMS AND DOCUMENT STANDARDS. THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: CLTACMBURDAl0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1209039 Your No.: RESERVE AT STONEHAVEN/PESTL SPECIAL EXCEPTIONS LOT 33, VOLUME 233 OF PLATS, PAGE 43. END OF SCHEDULE B TO EXPEDITE THE COMPLETION OF YOUR CLOSING, PLEASE FORWARD YOUR CLOSING ORDER AND RECORDING DOCUMENTS TO: CHICAGO TITLE INSURANCE COMPANY -CENTRAL RECORDING 701 FIFTH AVENUE, 33RD FLOOR SEATTLE, WASHINGTON 98104 THANK YOU, UNIT 11 -SOUTHEND TITLE UNIT ClTACMB2IRDAl0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULEB (Continued) Order No.: 1209039 Your No.: RESERVE AT STONEHAVEN/PESTL SPECIAL EXCEPTIONS THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: CTI/RENA SAUNIER 555 SOUTH RENTON VILLAGE PLACE SUITE 225 RENTON, WASHINGTON 98055 RENA SAUNIER 3/1 (425)277-8681 JOHN L. SCOTT 20632 108TH AVE. S.E. KENT, WASHINGTON 98031 JOAN POSANKE 1/0 (253)852-9200 JOHN L. SCOTT 20632 108TH AVE. S.E. KENT, WASHINGTON 98031 JOAN POSANKE 1/1 (253)852-9200 WESTCOTT HOMES 19515 NORTH CREEK PKWY # 300 BOTHELL, WASHINGTON 98011 LORI 0 NEAL 2/2 (425)485-1590 CLTACMB2IRDAi0999 • i"- t;'; Cl G G N I\{) Cl ~ <::J C) N IV\ e: '-1-~ o-r-. "'.- """ '-J ...-7 CJ 10 Z 10 N) ~I Z "-N\ 1 0 Z-'~ ~,«~ 0 ~ '" 3 ~!z !z~ wu. Z ::to W 9~ ::$!o >~ « "6 IWI-WLO~ Z WI (')(j) O~3§ I- (j) z " t<') >-Niz . :::> 1-0... 0 sU « I-Cl W "7 l'.j ~ "y: >C)Z L.LJ () cr::: U) iz W 'w '¢~ (j):-:-LL W~O cr::: , ?= '¢-""u W'"" 3= I"Z ~>, ~ ~ ...., ~ ". 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"'~ ~ , " 0:08 ;0; ';;;fji , .. "in '" . , ~ • ! • , .,d: ~ "~? ~ I f'· ,~'i.j: • o"~'a ~ ~ • ~"". , ' ~ l' g ~ ~ ~ ~ ~~'" 'i ~~ g. i I • "~o . ~" .::'f: ~, ~ > ~ w ~ <J~ ~ ~ 15 ';; 15 ~3 t;; 8 :: ~ I ~g t;;{J r+-+-+--.,--------... -~ ... ------. -------------,V""'OL""P"'"G----, THE RESERVE AT STONEHAVEN / 233/o<.{t , LUA-05-130-FP LNO-10-0411 :.NWJ/4, SW1/4, SfT 52, TWP. 23N., .•.... CITY OF RENTO~!, K!~~C COUNTY, RGE:. 5E., W.M . WASHINGTON .•... ,/ ,.-,):; ~~C~~':;~t.F Of if: ~CIF.~~OSJ':·:aI;.>f<T<'T/;;f ;~t ~~"11111"~ (Jl.tltH ~, lH<" SOJTH'IfS OUARTl1i:DF SrCTION 52: lO'~NS«[> ~3 No~h, rw.,.r oJ.""" \IIlcJ\~c:ri~. ~Um"N. IN <INC ~.:ru~·Y. '!'l'Sfllr..:;:l~,~: .,' ':':., El<CEPT TKE SOST ~Q "Flo", .11if'lECr' CONVEY&: TO ",lie COl"?f FO~ *,~D P~RFOSl~"JY :" DELG RECORcm UND~R Rt:CaRi)I~G:.~UM8E~ '1~~.l}tl4; Al.$O ~:,' ,: ," :: ... :' O:CEPT TK.\T PORnON TliER£O;-r.O>/VEY;:n TC ~INO CO~'1T'i .. :"OR ~~ p~~pos&·B" .L. R;:COlln"D l'N)ER R<ca"~:N~ ~\)~~"1I.1q~~ogllnOI2".3 ,." . ;" .:' PARCD.. ~; WE NORTH n FEET OF THE SOlITH HMF Of THE NO!!lHWEST :~lJART"R W THe No~rf!II--;T QUARTER Dr WE SOUTffl'EST Q\!4~T£R OF SEcnO~ 3~, TOWN~'P 23 NClRl"1". RmGE·5 F_'~', WIL.L~~ElTE i,tE/lICW'l. I~ ~ItiG COUWY, <lAS~IN;;TON' " , " E<CE}'T THE EAST 20 FEET liEREOf CONVtY'EO T~ KING CoGl¥;:f FOR,~OA~ PUIlPip: ~. O,EO RECORD~O ~NCER RfCORO,NG ~Ut.l3ER 14S1384 '." ' EXCc?! I>HY MoenJ: OR l.WIuF~CTuRW HeME cOCATID THf:R.:)~ RfSTRICTIONS· 1. PROPERlY IS SUBJECT TO TH~ EiCEPno~s mo RaER\lATIONS COmAlNED IN P~!lC C(loIST ccw. C:)M~,>m R~CCRDED UNDOR R=:COROI~ NUIo!B~ ~:l4O~70 2. ~ROPEIffi' IS Sl.I8..J=:cT TO THE AGREEIdENT mo TIiE IT~MS AND c{)N~InDNS lHOlr~ eOTIIEEN socs CR~EK W~TER AN{) S~ '"'STRICT ~ND TAcSC' DEVELaPIo!ENT PA'nNER';, I AS RECORDEO U~OEIi ~ECOROING ,~~MaER 2001DD1QOQH~, .3, LOTS' &. 36, SIiAlL ""\t.',;-·HE"~~ YARD SEI1lA(:~ Fo\Cl~~ BUR~,-r COURT 5 A~J LOT '6. SfI.'L" I'AVE mE >ROtlt Y.<IiD S!:'IliiICK F"'I~G S 48TH S'RHI GENERAl NOTES' " lHc RO..u ANQ SlDRI.t.:bAAlW<GE =~s S;~~ !JC CONsrnUC"D ACCO~D,~G TO 7d, .o,pPROVED PcJo.N .>.NO PROf'lL, "" ,IcE WITH RENTOJI 02iElOP"E'1T SE"~IC85 OIVlSIQtl ,"~, .om OE-.1AnON mm .. Tl-,=:! Ai'PRQl.EO.~S WILl R~~'Ulllt: .... RITT£~ A"I'R{M'-. FROU n<, PROPER A(;ENC"', CUR~~LY RENTOj'f ilf;'J'-LO"lolENT 'S£R"Crs 1l",SION 2. AL. BU:LOI~C DoV;i SPOlIlS, .~OTI~;~Ro\i~5, ~D DRAIN'S fR()~ All II.IP!l'NKlUS S~RFAC!:S S~C:1 I-):; ./>ATIOS MiD IlR"""''IIAn;, ShAlL at: CONNa:TED TO THE rERIJA~ENT o':O,'1H g~:O~~TE~ ~~D~~Kl~ ~~o/~ C~~~;~B~~~~~N~~L~~~~.~"'~~ N'.Y CWIW'NG f='~M". .t.!.L CjJNNlCIIONs,,:OF Tl1~ OWJNS UUST 3~ CQ~smUC7...o Atlr il.PPR(M:O P'OOR,'.TO FIHJ\L. ~1tIC INSPl::CTlON APf'irovIU.. 3, 1-10 lOr OR.~··~ORTlO~ of"A LOT IN .~IS Pl.AT ~ Be: OMOEIl AND SOlD DR mo:o O~ OWHEIISHIf.' CHANG!::D DR lR.OHSFfflRlD WH~6tn' m[ OWI:lm~KII' Of .om FOImOO Dr ~l~'t.T S,!r'LI. BE ~ l11All m7:'AI!~ ~EOl!~EIl "o,tI,·TflE lISt.~.smCT IN 'II'·lrll tOT ~E T~~~g:~~Njtr~~ YM'J:) ,JLm:.'·j' mJ J~ TO fAC~"~:~N[TT CT. s "1," EASEMENT PRO\IISIONS/NOIFS' ",.".' mE EASEMENTS DEPICTEC ON TKE J.OM' 51;C= Of' TH:S rJN.Il PlAT A~~·.fOR TlF LI~ITE~' PU.OJ'C5£'5 I..ISfED BELOW AtlO AR~ HEREBY rotNE'fD FOLLOWI'I(l THr. ~OOo~wING OF • .. ·k F'1AA;. P .... , AS SPEC:FlED ACCC~ING TO Tl-lE RE'SER~AnotlS LlSTID BElOw'·· lHI:: Cl1Y OF RON"'O~ S~AU fiO.lI! Tl<E RIGHT TO ::NTER rt1E Pf'J\(I.TE DRAlN~d~':~,1's S~C'fON HEI'~O~ TO REPAIR .om CrFICIE~CJES OF me DRAINAGE FACllJlY IN P-IE £VENT 1.-1: CWNEII(S) IS/ARE NEGLfGEIIT IN TflE Io(,\INTEIW<CE 0" TflE OR,OJtWl. ;/(:lunES. TfI!:S<: RCFAIRS SHAlL BE AT THE OWlJrR"S COST 1. loti fAS::MENT rs HEREEIV GRANTIT. A~ CO~ TO ll'E C,D' OF RENTON. PUOE" SOUND E~ERGY, SOO5 CREOK \\'Arr~ AND SE'/lER DISTIlICT, CI'II,,:;;, CO .. CAST. ;HE OVi~[~'; Of .oJ.!. lOTS WITHIN Tl-l15 PLAT N'.v T~[)R RESPECTIVE S'JCCE5S0RS AND ASS,r."-S, UNOfR, OVER ~-"'u U"ON Tl-IOSS ~SE\.lEN1S O::S1::;w.1ED i'S ·1e· SIDo\'lAU( AN~ UnLJ1Y E'SD.I~Nr', T1iE ootRIO;;: 10 Fi:ET PARllLL;:l-W,n! AND ""JOI~:~C )~" ~TlI<£T FI«lNIAGE Of JW. LLTO A.~D TRACTS IN WHICH 10 INSIAcl, lAY CONSCRLCT. I!E~£W, DP;:'lATE ~NO IJAINUIN UNXRGROUND CONOUllS, (;.1&£. FIPElJNI;, IotID WlR~ 'IIIT}I me >I!::C;:S5~~ rACIU"[S ",., OTHt~ EOUIf'I.!ENT FOR THE PURPOSE Of S",RVCE 'l() THiS 5U6JMSION ANt OTliER PROPERlY I'm'H ElECTRIC, ITLEPHON" G'.S, CABl£ ','1. SERVIC~, $.EWF~. WAT[~ ...... 0 U"AI ...... GE TC~ETJ-jER "'"W lJ<~ RI~T TO [NTtR UPO~ ll-'~ E'SSI.I[Nro; AT ,,"--_ Ti~r5 FO~ 11-<E <O(JRPOSES STATED. ~O LlNO!> OR WRES ~OR Iii( T;""NS~ISSION cr [lECT'lIC CU~IiEtC, OR fOR TELEPHONE uS;;, CA3L£ TElEVlSlm~, nRc OH POIXO: S'G':AL FC~ on,", P~RPOSES, SkOU BE PLACED UPo>I .om LOT UN..rSS HE SAI.IC S'WJ. 3t UNilE'lGRCUW, OR IN ~ONJ.UIT ~TTACrlfD TO A ~JIl-JI~G. 2. il-'E PRIVATE ORAlNA.(;to EoI5E1.1ENIS ~s S~DWN ON THo MAP SHEers Of' TellS PlAT A~r FeR mr S£NEfn Of 'fIE RES"~E AT Sru~EoiAVEN ~OIo!EO""'ERS ASSOC"'T1ON. UN,.ESS S~~CII'I(;JoL"Y IIC-ED OTll~FMI5E I~ -rloSE EASEMENT PRClVlSlONS AND N~T"S. TIlE' ~r:;E'~'.'r AT STO~;:IV\''EN OO"EO'~N~RS ASSOCIAnON SfII>U BE R£S"ONSJBU: FaR TIlE W.I~CF CF THE PRIllATE ORAINolGE FACIL,1<:5 '/j,T~IN SAID EASEJ.OENTS J, 1<." p~euc W~'t~ ANJ S~II'ER EASEI,IENTS AS SHO\\N O~ TK~ MAl' S~EElS or THIS P .... T Of' WE ROS£RVE AT STONEMAVE:N ...,~ '!ERE-BY CCII.VEY~O fflD GRANTE'J TO THE SOGS CRE~K WATER AND SEWER C<STRICI FOR ll<E. FIJRPOSt OF' ""O'~OING-TMIS flAT AND OTHf~ P:<OPERTlES ",IT" ' .... -~ ...... D 5£11I;:R 5ERVICO:. ALl. 'II"'T~R ANO SEWE~ FACILlnES \'/,TH'N SAI~ EASEIoIt'JofTS SIW..l fiE OI'INEO mJ WJNTAIN(O BY TflE SOCS CREEK "'!lTE~ ~NO s,,";'.R D,STRfCT. + TIlE OW~ERS OF LOTS '-I~ mo 33 '" J~. SHAll 8~ R£SPOt.S1BLE feR TH~ ROOf ':M' FOOTING OR.t.IN SI'STEIoIS WITHIN THE 10' EASEloIHIT N)J1.CENT 'l() MID FAF!.Ioll~ WITH BURNETT ~OlJRT OOlJ11-< ANt) SO~ 48TI< S7'REET, SAID LOTS SI-.AU. .3!: EOUAL-Y R£SI'OOSIB.E 'OR Ti-l~S;: POI!TIOI<S 0; T"~ [lRo\j""GE S'IS'B.IS USEe I~ CO .... ON /jIm NQ DI'IN8': DoiNG RESPONSIBLE fO~ ANf PDRTIO~ THERE~F /oSO';E TH8R CON~EcnoN "O'~T. ~ WE )0' PIlIVATE OR.o\IHA>E E/oSEIoIM O'IE~ 7"rlE REoI.R PORT1()t, Or LOTS E-9 IS F"O" EASE"MEt:JT PRQ\ljSIONS/NOTE"S CONT.: ~, n,E OW!';ERS OF ~D~ lB, 19 &: 2B_32, SHAll. B~ RLSP~NSI~"L r:w '11~ f<CO, AND FOOliNG DR"'N ,YSTEhiS WIT>IIN THE PRW'-Tf DI'.AlNAGc £.O.SWoNffi O,j 5.'D LrlTS. S,\~~ LOTS ~>'~i ac EQlj""--LY .rSPONSl3LE FOR ':HOS, L>OR~ONS OF l'll: DRA~N"GE S'rSTfMS USF.o IN C~"''''~N /11TH Ne OWNER am .... RESPONSlIhE FeR M-:¥ D()mle~ m:p.EO" A30'~: mEIR CON~tCI:ON POIN;. 7. THo 0RIVA1~ ACC£SS AN~ 11I1L!N UosEl.lwr 'JV[R LOT la IS rCR HIE ~~NF,T OF LaTS 17.0./10 19, I~E CW~£RS Of lOTS 11--1S SHALl. SHARe IN ~CUAL p,,-~;:; '1-IE WoI',lU.' .. 'KE Of AU. FACIIJTlES WPHIN SAID lA'Sc"'~Nr. WITH IH" ~xc::;'nON OF no" ')!o~INAo;;E: "-,,,J SANIT'"W :OEW":R 'I>.:::ILm£, e ~E ~~N~TF ,~CC8SS AN') oJIll.IlY !:ASEI.IENT OVSR l.O~ 21 AND 22 IS FOR THl 9SN"FiT or LOTS ~~ A"D 20. ':)IE ()'~'N£RS OF lOT'i ~.> oUiO w ~~A,~ Sf;.>R~ IN ::QI)A~ PAR"S THi: WJIfT;:I>lA.~C~ 0" ALL FACI.Jn£S WITHI~ SkD EASEMENT, '~T>I TH~ E1-C0f'T1QfI OF --,-I" DRA»;M;" F~CII m;:; 9. TI!':: PRI>'ATr ACCrsS ~NJ lITIlJlY V.SEj,lE~'1 OVER LOTS 2~ -\NO 25 IS FOP. TIlE 3ENEFIT or LCTS 2L AND~. THE C\\,NfRS Of lOTS ~~ AND 2] SHAlL SHARE IN ;:QUAl p,'ms TH!: >.WNTt'WlCE .Or'IoI-.L 'ACI.mrs WJTH~ s.\1~ E'S9.lENT, wITH TH, lXCEPTION Of -He: UR~IMGE 'ACllJTTiS '., .... ~, 11iE O"'N~~2 OF .~E IAlD EIo!8R.lCEO WITl<IN THI~ PIA" IN RETU~N F'O~ THE ~""Em TO AcCIIl.il FI\6I.! THIS SU&lIV'SlON, BY SIGNING HERlON. CO'~ At<~ AGREE> m'CONVE'1' THo 9I:r-F-Ilil:: .... INTEREST IN TIiE N~W <A5OMU<T5 SH"""N ON lHIS PlAT TO Mo"i MIO Al-,. J'1.TUR£.:FIJRCH!.SERS Of THE LOTS, OIl Of AIfr SUcDIVISICN IH~R~Qf, THIS COI-NENAtH ,.'Si!ol+ RUN W'TH ',",0 lAl'ID AS SrlOWN ON lH~ PlAl .\:. '1':: ~ 5·::'KCEsi'.~o MAi~C£ EAStM!::liT IS "IER<.--aY CONVEYEO TO THE ell'( OF ·:,.R8om)N",'Il-IE RE~ ~T STCNEHo\I'EN OOI.IEOWNERS ASSCC'ATION ANO ~EIR RE5PEC"IVE . SI:lcc~RS ... ~ ASSIGNS AS ~HCII'N HEREON OYER Lars ~. a, fO~ THE MONITORING N'.J MAlHT~CE op:· WE WET~··Ri.,4NTlNGs WITHIN TJQ.CT .... lotiO IIAlNRNANCt: Of lHE fENCE oItlD '9tT\;>};O SlCl>I'oGo ,~Jr;c T~E:·~U.NDo\RY '/jITll TRl<CT A. 12,/TllACT A:,'rs A N!I;~~ GROWTM PRO-&nON 1JID.. T,;[:i~riii:';;RQWTIl PIIOTECTION ~ IS Fa~ PR01E~ON DF ~ \\UlANO "*' ITS oI550Cl'.:t:l 6un'ER. Tl-lE ~~D-110N OF TK NG~A ,CO~~ T(!.·:JHE f'ljill.,e A BENEfICIAl. INTER£~ IN mr( '-A~D WITHIN TH£ ARE.'c .~~l~~~.~~[:TsC~E B~~i~t~-i' t~70~~ 'f~~~~~G~A1tE,,~~~~l'A~~ ;,o~~~ON .:·~~~~~c~~~~~~ •. ~~~~~F::TI~~1~NO~~~:jR~E~E ~~Ei~U;'E ll'E WY D!' R["';Jn, TO ,EAVE: UNnlST\1~9H) .u: lRE[S,·.;>.J-;J OTtl!.:R \/EGE:IAnON 1IlT\l,N THE :,: ~~:;~D~5~~~T~g~W~;;: •. ~EPR'1:sA ~';~~~~M~~iIt~~~~ iH~~ ~/ R~~'JN, .: . "H,,·RIGHT ,0" c'lTAY.,I'itllEIN St1Au APfU"'TO TI-j( .I.tlrnry; ~F RE~R,5E'/TATNES ANJ "E;dPLOYEES:,'Qf' 'HE:6WNER5 tti 5U!lSE~Nf D\'I~!:RS OF,·.'THE LJ"NiJ. '.: '~ .... ' '::. ... , ...• ,,", ... ': .A,£«Ki 'f!Ii1I1T~.&J4~/ PROFESSIONAL LANDSURVt¥oRS· THE 9ENEm OF LeTS 0, 6. &. 8-10. TffE OWNORS Of LCO'S 5-10 St\lll 6D.R EQJAL ~SPot..S'8IUTY FOR ioIAiNJUI.;N~E OF niOT PORTICh OF Tt1:: FAClclTiES Wf'H N SAiD ::ASO).'o.'{T USED !~ C::;"'MO.~. I'IIT~ THE ~CEPTION "fiO.T NO OWNER SH'olL BE RESPaNSIB_, =O~ IoWNTENo\NCE OF TIlE FACI,,'1'ES ASOIiE Tl<EIR CONNECTIDN POINT. 17625 i 30TH AVE. 'H., 'vIAIL!NG ADDReSS. P.O . STE. 104, WOOD;~\i'l.d, WA ~8072:' < .KlB NO. 042711 SHEET 2 OF 5 80)( 289, WOODINVILLE, INA ~'!,!072 PHONE: (425) 486-1252 ;: VOL PG Z. '3:0::)0'7 <; THE RESERVE AT STONEHAVEN LUA-05-130-fP LND-10-0411 > NVV1/4, SW1/4, SC,,;.", CiTY OF PE~HCji', fUJ:; TWP. 23N., COUNTY, 2 60 0 60 120 180 ~--.-! Scale 1 " = 60' Mf1lIllJeI:t "cAT OF "'NDSO~ '<"JC~TS, ~~~"o~:OEl I~ ·{()LUt.I£ I :'3 OF Flrs hT P/.(;ES 2S-30. U'lOER ~~COR!JING ~UIo1BE~ 9504:<410:9, Ri'CDRDS O' KIOO COUNT\'. WASHI'IG'ON EQUIPMENT &; PROCEOlJRES' REfERENCES' 1. PL'.J OF 'IIL'II:{lS 4,IGfITS, Rr:oRDED 1111 VOLJM~ 173 CF PL'.TS Al p.'.m:s ~~_JO, UNOER R~CO~O:NG NUIll8E~ ~504241079, RECOROS OF KING ::auN"TY, WIoSHINGTON. 1-l;;~O FO~ SEc;10N SU8CMsroN. •. PLAT or TALEOT RIOO[, RF:CORDEO iN VOlU~E 19. 0' FL)TS AT PAOE;S T~-I7. UNCE~ R=RD4NG ~:J"8£R 200004()o4OO1QS6. R!:CORDS 0, KI/I.G ~~JN1Y. WAS~I~CT0N J. CIlY 0, ~ENTCN LOT IJN~ A~JUsrnCNT 'LUA-Ol-Of~-LlA H[CCROf;O IN ElOOK : ~ or SURVNS AT PAGCS 2J5 « 23~ l'I'<DER R[CO~DI~G NJ~arR :<QQ~Oal:WQOOOJ, ~ECORV~ OF KING ~OUN""r. WASHINGTOI<. ~ E& roU~D S\!R\IEY I.!ONWENT .os NOTED. S_C.w.~.O, SOOS CRW( WATER ,o.N) $(W~R ~STllICT CONTROl ' fGEt1D, ~ FOUND 1/,' ~cE'.o un-' C~" '2'4~4' AT C'.LCULA-ml POS1ION. (6/011) G SOUTrlWEST ~OR~_'I ,U:: ;2 IW-'. :1~N .. ROE. 5£ .. lo1ONU~oNT NO' >'J!~D. ~C,!T"~>J V .• CUI.AT!:O FROM R~m:oa;c,s, ~, ,'''; '~!iv Oc ~,'TON CO'llP.CL °OlW '10. 587. ClJR-,{ hc,-,- CURVE L.i:NGTH R~')IJo Jell" JOB NO. 04279 SHEET 3 OF 5 PGE. 5[., W,M. WASHINGTm~ r .Mood ';§lImtan-.,·&A~/ PROFESSIONAL LANO SURV!:fOR§ 17625 DOTH AVE. N.E., STE. 104, WOCDI~;~'~~, IVA iS072~; MAILING ADDRESS, P.O. BOX 259, WOODltNILLE, WA 9:~072 PHONE: (425; 486-1252 FAX: (425) 486-5108 '::":: .. /i THE RESERVE AT STONEHAVEN LUA-05-130-FP ll'JO-l0-0411 :>NW1/4 SW1/4 SEC. "t , .. , ....... . CITY OF RENTON, -"',1 ." ..... --' , ~." ··,o"'TR:ACT ::'O.14J s~ n oiss~(;.O"~S'16: .' w=:n.iI.~~ 14' 8 '" 0 .. " 120 ~-.-! Scale 1" 40' = $ :-0'.11'>0 SUIiVEY MCNt.:II::NT AS ~CTED .. SET 1/2" ROlAR M1h 1 ~/4" OAAtIOE FlAS'llC CAl' STAllPED "MEA!) (lIUAAN & ASSOCI'~ES zg~7S/J24,JV~:'145/~f.I!ll· so 4" x 4" COOlCRETr I.IONUUEXT WHH 1 5/8· SR4SS DISC WITIl "X • STAAlI'EO ·J~'4~· IN SiANtrARD KING ceuNT'( CASE. s.C,W.S,D. SOOS CRfZX W,o,TEIl ANO SMR D'STRICT * SEE OENEIW. NOn: 4 SHEET 2 EASEMENT I fGENp' ® @ © @ " © PU(lUC SAN'W!Y SEWER EASE"'~IfT. sa: EASc~ENT PIICMSIONSjNOTES NO. 3, SHEET 2. P~I/ATE DFW>lA:)( EASEIolENT SeE EASEIolOIT PROI'ISIONS/NQT(S NOS. 2 &: 5. SHED" 2 p~r'~TE lJIII.l1Y MoJO PRr-I~r,: DROJw.GE ~E~EMT. PU3'-lC WATEII EAS...O),I,t.IT. sa EJ...5UoIfMT FfKN.SlO~·S/NOTffi Nos. 2 &: 5, SIIEET 2 PRr.I.'.TE ACCESS, UTlUT"r" MoJJ DRAlr.tAGE EASEIIENT. SIT EAS9oIE>IT PflOYlSlONS/NCTES ~os. 2. &: 9. SHEET 2. PRr-IA1E DRAlNIIl"E St.SrYENT 01: Fuauc s.>NIlAAY SEW::~ WEI.IM SEE ,ASrurNT FROI'ISIONSjt.lOTOS NOS 2. J. i!< 6. ~= 2. PUBUC W~TER EJoSEME'f." 50<: ~[I.<£NT PRO'IiSjONSjNOTES ~O J. SH~:E1 2. ACCESS AAO f!~::E WlMTE~CE ~EIo(EtIT. SEE EASEJ,jE'iT PRO\I1Sl0N5 NCiTl:S NO.1 \ SHET 2. 32, K!!'IG N.' 89'37 T. TWP. 23N., RGE. 5E., W.M. COUNTY, WASHINGTON PARCEL HO. 822305,9183 " 5 47Tff ST. JOB NO. 04279 SHEET 4 Of 5 31 3C ~.3D.:l w. fT 23 22 20,O(l' , . " I~ ~ t#r 11 , u • 12 ~ 4.~~ sa. n. ",-r"§", '0' WATER • , ~, EASEI.IEtlT , I~' o ~ CII!S.D 20.00' 52.W· , .95 ;,.20'- .M,«Uf, '&~.,&:.~~;' PROFESSIONAL LAND SURVEYORS 17625 1.DTH AVE, N.E" STE. 104. WOOD;~0rtiE, WA~;9807i;:;. MAI~ING A~DRESS. P.O. BOX 289, WOOOINVI'_LE, IVA ",98072 FHO"::: (425) 486-1252 FAX: (425) 486-61~·~::. ,., '~. VOL PO / RESERVE AT STONEHAVEN 233/0'/ 7 LUA-05--130-FP LNO··' 0-0411 "NW1/4, ,CITY SW1/4, sec; }/ OF RENTO[\J, f<:[\!C PARCE,l/';;' -'-'-,~ -WP. 23N., COUN1Y, S 4/l TH Sf. 2 11 <'+2' ,.' 4.065 SC. FT. , PARCE'L NO. 3223059171 '" 0 40 60 120 ~.-! .- Scale 1 " 40' l.EGEtlQ: E9 rOUN~ S~!lVE'I' 140~W,NT AS ~OTTII .. S8 1/2" REBA/! WITH , 3/4" OR.'.NGE PlASllCE CJJ' STM!PED ""CAO (;I(MIo.'l I< /..SSOC\O,E5 Z9~7€/J.2""4/~'~5/36Bll· SIT 4" • 4" r.ONCR(Tf. 1oI0NU>.I[NT wlm 1 ~/H" 6RASS olse WrTH "~ • 5T ..... P~O .~~,~. IN STANIlARJ KINe cout(JY CAS" S.C.W.S.D. SOOS CR[[~ 'IIATCR ~/>ID 5rnER msmrcT * S€E GfNERA-NOTE 4 SHEET 2 EASEMENT ! FGENQ- @ @ © @ @ PUBLIC SAJNNff SEWER EASE ... E>IT S~ EASEl.<~~T 'fWVlSIQNS!NOTES NO. ~, SHill Z PRf,ATE ORAINAGE USEJ.IENT. SEE rASEMENT PROIIISlQNS!NO= NOS 2 01< 5, SHEET 2. PRIlfAIT UTII.1TY AN] PRllfATl: OAAlNo.GE <ASD'ENT. Pl!al.!C WATUl t:>I>EMENT. SE:: EASEMENT P~~SIONS/NOru NOS. :.l ole 5, s~on 2. PRr{ATE ..c:CESS, D~~E AND unUTY EASEMENT. SEE EASElOENT PROVISICN5/H= >lOS. Z ole 8. SHEET Z. PRIVATE ACCESS l1TII..ITY '" D/OAI~ EASEMENT. A'I: PUBUC ~rrARY SfWE:Il (.O.SEMEN1. S£E EASt:MiNf FF!OVlSlONS/NO"rES ~OS. 2. 3. B. & 7. SHEET Z ® PRIVATE: CR"IMAGE EASEMENT ole ~ual.Jc SANITARY SEWER Eo.SE~;:N1. ~E EASEMENT PRO\lSIO~S/NOTES NOS. 2. 3. & " SliEr 2. TRACT E·>' CC'I"'Y">:~> "1A~T PA$.'f:/'. -;;({.. JOB NO. 04279 SHEET 5 OF 5 RGE. 5E., W.Ivi. WASHINGTON PARelf'£. NO. 3223059286 I ____ I PL. ··UI/E T},1iLE: LE~GH . . 3:EilRING J,i«Kf, ,&i.Inr.aJr" &-..4~.i PROFESSIONAL LAND"SURVEYORS: .," 17625 130TH AVE. N.E., 5TE. 104, woo:ii~v']..Li WA ;'~072 :~: MAILING ADDRESS, P.O. SOX 289, WO()!)IN\~Ll:E:'; WA ~8072" PHONE: (425) 485-1252 Ffo,X: (425) 486-61O~: ... '.J/ ......... LIMITED LIABILITY COMPANY AGREEMENT OF The ReseITe At Stonehaven, LLC (a Washington Limited Liability Company) Dated and Effective as of July 2, 2004 LIMITED LIABILITY COMPANY AGREEMENT OF THE RESERVE AT STONEHA VEN, LLC THIS LIMITED LIABILITY COMPANY AGREEMENT (the "Agreement") is made and entered into effective as of July 2, 2004, by the members of the Company (as defined below), in accordance with and pursuant to the Act (as defined below). ARTICLE 1 -DEFINITIONS 1.1 Definitions. The following tenns used in this Agreement shall have the following meanings (unless otherwise expressly provided herein): "Act" means the Washington Limited Liability Company Act, as amended (RCW Ch.25.15). "Assignee " means the holder or transferee of an interest in the Company who has not been admitted as a Member of the Company. An Assignee shall have no right to participate in the Management of the business and affairs of the Company. An Assignee is entitled to share in such profits and losses, to receive such distributions, and to receive such allocations of income, gain, loss, deduction or credit or similar item to which the assignor was entitled, subject to the limitations applicable to the assignor, to the extent of the transferred interest. "Agreement" means this Limited Liability Company Agreement, as originally executed and as subsequently amended from time to time. "Built-In Gains" means the excess of the value overtax basis of property contributed to the Company which is allocated pursuant to section 704(c) of the Code in determining Net Profits and Net Losses. "Built-In Losses" means the excess of tax basis over the value of property contributed to the Company which is allocated pursuant to section 704(c) of the Code. "Capital Account" means the capital account determined and maintained for each Member or Transferee on the books of the Company pursuant to Section 8.3. "Capital Contribution" means the total amount of cash and the fair market value of other property (net of liabilities secured by such property that the Company is considered to assume or take subject to under section 752(c) of the Code) contributed to the Company by a Member pursuant to the terms of this Agreement. 2 999999.004011 067840.1 "Certificate of Formation" means the certificate of formation pursuant to which the Company was formed, as originally filed with the office of the Secretary of State, and as amended from time to time. "Code" means the Internal Revenue Code of 1986, as amended, and underlying Regulations. "Company" means The Reserve At Stonehaven, LLC, formed and operated in accordance with the terms and conditions of this Agreement. "Distributable Cash" means the amount of cash determined by the Manager pursuant to Section 10.1 to be available for distribution to the Member. "Economic Interest" means the interest of an Assignee in the Company. "Entity" means any general partnership, limited partnership, limited liability partnership, limited liability company, corporation, joint venture, trust, estate, business trust, cooperative or association or any other organization that is not a natural Person. "Event of Dissociation" means an event of dissociation as defined by RCW 25.15.130. "Incompetence" or "Incompetent" means the inability of a Member or Manager to manage his or her property and affairs effectively for reasons including, but not limited to, mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance. If the Member or Manager is unable to act because of physical or mental illness or disability, advanced age, or chronic intoxication or drug use, then written notice to that effect must be signed by that Member's or Manager's personal physician or, if he or she has no personal physician, by any qualified physician who is then treating him or her. If the Member or Manager is unable to act because of being detained, confined or missing, then written notice must be signed by someone having personal knowledge of his or her situation. "Joinder Agreement" means an agreement substantially in the form of attached Schedule D. "LLC" means "limited liability company," as defined by the Act. "Manager or Managers" means Mark Donner, and any other Person who may become a substitute or additional Manager as provided in Article 5. "Member" or "Members" means Westcott Holdings Inc., and each Person or entity who makes his, her or its required Capital Contribution and executes a counterpart of this Agreement as a Member and each Person who may hereafter becomes a Member pursuant to the terms of this Agreement. The term "Member" as used herein shall include a Manager to the extent of his or her Membership Interest in the Company. "Membership Interest" or "Interest" means the interest in the Company representing the Member's right to receive distributions from the Company, to receive allocations of profits and 3 999999.004011 067840.1 ... , .,.-' losses and to vote or otherwise participate in any decision subject to approval by Members. The Membership Interest of each Member is set forth on Schedule C, as amended or restated. "Net Profits" and "Net Losses" means for any taxable year the net income or loss of the Company, as reported for federal income tax purposes, and additional amounts allocated to the Members pursuant to sections 702 and 705 of the Code. "Permitted Transferee" means a. Any Person who is a lineal descendant of a Member, including adopted persons ("Lineal Descendant"); b. A spouse of a Lineal Descendant, but only for the period during which the spouse is married to the Lineal Descendant or is the surviving spouse of the Lineal Descendant; c. A trustee of any trust or custodian of a custodial arrangement which at the applicable time is held solely for the benefit of Permitted Transferees; d. Any corporation, partnership, limited liability company, or other form of business organization, in which each class of stock, interest, or other ownership interest is 100% owned by Permitted Transferees; and e. The executor or administrator of the estate of a deceased Permitted Transferee subject to Article 13. "Person" means any individual or Entity, and the heirs, executors, administrators, legal representatives, successors, and assigns of such "Person" where the context so permits. "Property" means any real, personal, tangible or intangible property contributed to, purchased, developed or otherwise acquired by, the Company including but not limited to the assets described on Schedule B, as amended or restated. "Purchase Event" means anyone of the events described in Section 13.1 below which events result in the right of the Company and/or the Members to purchase the affected Membership Interests or Economic Interests pursuant to Section 13.2. "Regulations" means proposed, temporary and [mal Treasury Regulations promulgated under the Code and the corresponding sections of any regulations subsequently issued that amend or supersede such regulations. "Tax Matters Manager" means Mark Donner and any other Person who may become a substitute Tax Manager as provided in Section 11.6. "Transfer" means any sale, assignment, gift, exchange, pledge, encumbrance, devise, bequest, intestate transfer, change in beneficial interest of any trust or estate, distribution from any 4 999999.004011 067840.1 \., trust or estate, change in ownership of Entity Members, or any other disposition of a Membership Interest, whether voluntary or involuntary. "Unit Holder" means either a Member, an Assignee or both. 1.2 Interpretation. 1.2.1 When required by the context, the singular includes the plural and vice versa, and the masculine includes the feminine and neuter genders, and vice versa; 1.2.2 Except as otherwise specifically indicated, all references in this Agreement to "Schedules," "Articles," "Sections," and other subdivisions are to the corresponding Schedules, Articles, Sections or subdivisions of this Agreement as they may be amended from time to time; and 1.2.3 Headings used in this Agreement have been included for convenience and ease of reference only and will not in any manner influence the construction or interpretation of any provision of this Agreement. 1.3 Governing Law. This Agreement shall be construed and the rights, duties and obligations of the parties shall be determined in accordance with the laws of the state of Washington. ARTICLE 2 -FORMATION OF COMPANY 2.1 Formation. The Company was formed on July 2, 2004 when the executed Certificate of Formation was filed with the office of the Secretary of State in accordance with and pursuant to the Act. 2.2 Name. The name of the Company is The Reserve At Stonehaven, LLC 2.3 Principal Place of Business. The principal place of business of the Company shan be _10519 20th Street, SE Ste. I, Everett Washington. The Company may locate its places of business at any other place or places as the Members may from time to time unanimously designate in writing. 2.4 Registered Office and Registered Agent. The Company's initial registered agent and the address of its initial registered office in the State of Washington are as follows: Name Mark Donner. Address 10519 20th Street, SE Ste I Everett, Washington 98270 The registered office and registered agent may be changed by the unanimous written consent of the Members, and by filing a Certificate of Change of Registered Agent or Registered Office Address with the Washington Secretary of State. 5 999999.004011067840. I ARTICLE 3 -TERM 3.1 Tenn. The tenn of the Company shall be perpetual, unless the Company is earlier dissolved in accordance with either Article 14 or the Act. ARTICLE 4 -BUSINESS OF COMPANY The business of the Company shall be: 4.1 To engage in the business of the ownership, development, sale and management of real property including the Property and related services. 4.2 To engage in any business, trade or activity which may be lawfully conducted by a Limited Liability Company organized under the Act; and 4.3 To engage in all such activities as are incidental or conducive to the attainment of the purposes of this Company, or any of them, and to exercise any and all powers authorized or pennitted to be done by a limited liability company under any laws that may be now or hereafter applicable or available to this Company. The foregoing clauses of this Article 4 shall each be construed as purposes and powers, and the matters expressed in each clause shall be in no way limited or restricted by reference to or inference from the tenns of any other clauses, but shall be regarded as independent purposes and powers; and nothing contained in these clauses shall be deemed in any way to limit or exclude any power, right, or privilege given to this limited liability company by law or otherwise. ARTICLE 5 -MANAGEMENT 5.1 Management. The business and affairs of the Company shall be managed by the Manager. The initial Manager is Mark Donner. Except as otherwise expressly provided in this Agreement including under Section 6.6 below, the Manager shall have full and complete authority, power and discretion to manage and control the business, affairs and properties of the Company, to make all decisions regarding those matters and to perform any and all other acts or activities customary or incident to the management of the Company's business. At any time when there is more than one Manager, anyone Manager may take any action pennitted to be taken by the Managers, unless the approval or more than one of the managers is expressly required by this Agreement or the Act. Without limiting the generality of the foregoing, each Manager shall have power and authority, on behalf of the Company: 5.1.1 to acquire property from any Person as the Manager may detennine, and subject to Section 5.5, the fact that a Manager or a Member is affiliated with such Person shall not prohibit the Manager from dealing with that Person; 6 999999.004011 067840.1 5.1.2 to borrow money from financial institutions, the Manager, Member, or Affiliates of the Manager or Member on such terms as the Manager deems appropriate, and in connection therewith, to hypothecate, encumber and grant security interests in the assets of the Company to secure repayment of the borrowed sums; 5.1.3 to purchase liability and other Insurance to protect the Company's property and business; 5.1.4 except as provided in Section 6.6, to acquire, improve, manage, charter, operate, sen, grant an option for the sale of, lease, transfer, exchange, encumber, pledge or dispose of any real or personal property of the Company; 5.1.5 to invest Company funds temporarily in time deposits, short-term governmental obligations, commercial paper or other short-term investments; 5.1.6 to vote or give proxies to vote any stock or other voting security, to exercise management rights as a general partner or as a manager or member of a limited liability company, and to enter into or oppose, alone or with others, voting trusts, mergers, consolidations, foreclosures, liquidations, reorganizations or other changes in the fmancial structure of any business organization or buy-sell agreements, stock restriction agreement or stock redemption agreements; 5.1. 7 to execute instruments and documents, including without limitation, checks, drafts, notes and other negotiable instruments, mortgages or deeds of trust, security agreements, financing statements, documents providing for the acquisition, mortgage or disposition of the Company's property, assignments, bills of sale, leases, partnership agreements, operating agreements of other limited liability companies, and any other instruments or documents necessary, in the opinion of the Manager, to the business of the Company; 5.1.8 to employ accountants, legal counsel, managing agents or other experts to perform services for the Company and to compensate them from Company funds; 5.1.9 to enter into any and all other agreements with any other Person for any purpose, in such form as the Manager may approve; 5.1.10 to collect obligations payable to the Company and take any lawful means for the recovery thereof by legal process or otherwise, and to execute and deliver a satisfaction and release therefor, together with the right to compromise any claim; 5.1.11 from time to time open bank accounts in the name of the Company, and the Manager shall be the sole signatory thereon, unless the Manager determines otherwise; and 5.1.12 to do and perform all other acts as may be necessary or appropriate to the conduct of the Company's business. 5.2 Time. The Manager will devote to the business of the Company such time as the Manager, in his individual capacity, considers to be reasonable and prudent. 7 999999.0040/1067840.1 '. · ' 5.3 Compensation. The Manager's compensation, if any, shall be determined from time to time by the affirmative vote of a Majority Interest of the Members. The Manager shall also be reimbursed by the Company for reasonable out-of-pocket expenses incurred by the Manager in connection with their Company's business, including without limitation expenses incurred in the organization of the Company and the placement of the Membership Interests. 5.4 Limitation on Liability; Indemnification. 5.4.1 A Manager shall not be liable, responsible or accountable in damages or otherwise to the Company, other Managers, or the Unit Holders for any act or omission by a Manager performed in good faith and in a manner reasonably believed by such Manager to be (a) within the scope of authority granted to the Manager by this Agreement or in accordance with its provisions, and (b) in the best interest of the Company. A Manager shall be liable for an act or omission that constitutes fraud, intentional misconduct, bad faith, gross negligence, a knowing violation oflaw, or any other act referred to by RCW 25.15.040(l)(a). The liability of any Manager shall be further limited as set forth in the Act and other applicable law, unless the terms of the Agreement state otherwise. 5.4.2 The Company shall indemnify and hold harmless the Manager, and each director, officer, partner, employee or agent thereof, against any liability, loss, damage, cost or expense incurred by them on behalf of the Company or in furtherance of the Company's interests without relieving any such Person of liability for fraud, misconduct, bad faith or negligence. No Member shall have any personal liability with respect to the satisfaction of any required indemnification of the above-mentioned Persons. Any indemnification required to be made by the Company shall be made promptly following the fixing of the liability, loss, damage, cost or expense incurred or suffered by a final judgment of any court, settlement, contract or otherwise. In addition, the Company may advance funds to a Person claiming indemnification under this Section 5.4 for legal expenses and other costs incurred as a result of a legal action brought against such Person only if (i) the legal action relates to the performance of duties or services by the Person on behalf of the Company, (ii) the legal action is initiated by a party other than a member, and (iii) such Person undertakes to repay the advanced funds to the Company if it is determined that such Person is not entitled to indemnification pursuant to the terms of this Agreement. 5.5 Related Party Transactions A Manager may cause the Company to obtain products or services from entities controlling, controlled by, or under common control of any Manager and to pay such entities reasonable fees for such products and services. 5.6 Removal or Resi !ffiati on. At a meeting called expressly for that purpose, a Manager may be removed at any time, with or without cause, by the affirmative vote of a Majority Interest of the Members. The removal or resignation of a Manager who is also a 8 999999.004011 067840.1 .. , . Member shall not affect the Manager's rights as a Member and shall not constitute a withdrawal ofaMember. 5.7 Vacancies. Any vacancy occurring for any reason in the number of Managers may be filled by the affirmative vote of a Majority Interest of the Members. 5.8 Right to Rely on the Manager. Any Person dealing with the Company may rely (without duty of further inquiry) upon a certificate signed by a Manager as to the identity and authority of the Manager or other Person to act on behalf of the Company or any Member. ARTICLE 6 -RIGHTS AND OBLIGATIONS OF MEMBERS 6.1 Identification of Members. The name and address of each Member is set forth on the attached Schedule C, as amended or restated. 6.2 Limitation of Liability. No Member shall be liable for satisfaction of Company obligations. Each Member's liability shall be limited to the extent provided in Section 5.4.1 with the term "Member" read in place of the term "Manager." 6.3 Indemnification. The Company shall indemnifY each Member for all costs, losses, liabilities and damages paid or accrued by such Member, and advance expenses incurred by such Member, in connection with the business of the Company, to the fullest extent provided or allowed by the Act. 6.4 Member Not Agent of the Company. No Member, other than a Member acting as a Manager, shall have any powers as a Member to bind the Company in contract or otherwise, nor will the Company be liable, responsible, or accountable in damages or otherwise for any action or failure to act by the Member. The Manager is vested with all management responsibility for the Company. 6.5 Accountability to Company. Every Member shall be accountable to the Company as provided in Section 5.4 with the term "Member" being read in place of the term "Manager." 6.6 Approval of Sale of All Assets. Notwithstanding the powers of the Manager under Section 5.1, the Company shall not sell, exchange or otherwise dispose of all, or substantially all, of its assets without the unanimous written consent of all Members. 6.7 Inspection of Records. Upon reasonable request and during ordinary business hours, each Member shall have the right to inspect and copy the records maintained by the Company at such Member's expense. 6.8 No Priority and Return of Capital. Except as expressly provided in Articles 8 or 9, no Member shall have priority over any other Member, either as to the return of Capital Contributions or as to Net Profits, Net Losses or distributions; provided, that this Section 6.8 shall not apply to loans made by a Member (0 the Company. 9 999999.0040/1067840.1 · ' 6.9 Withdrawal of Member. Except as expressly permitted in this Agreement, no Member shall voluntarily resign or otherwise withdraw as a Member. Unless otherwise approved by the unanimous written consent of all other Members, a Member who resigns or withdraws shall be entitled to receive only those distributions to which such Member would have been entitled had such Member remained a Member (and only at such times as such distribution would have been made had such Member remained a Member). Except as otherwise expressly provided herein, a resigning or withdrawing Member shall become an Assignee. 6.10 Expulsion of Member. Any Member may be expelled from the Company on the unanimous vote of all the Members (excluding the Member who is the subject of the vote). Upon the expulsion of any Member, the Company shall be required to pay to such Member the Fair Market Value, defmed in Section 13.4, of such Member's Membership Interest. ARTICLE 7 -MEETINGS OF MEMBERS 7.1 Annual Meeting. The annual meeting of the Members shall be held on January 10th of each and every year, or at such other time as shall be determined by the Members, for the purpose of the transaction of such business as may come before the meeting. 7.2 Special Meetings, Special meetings of the Members, for any purpose or purposes, may be called by any Member. 7.3 Place of Meetings. The Members by unanimous agreement may designate any place, either within or outside the State of Washington, as the place of meeting for any meeting of the Members. If no designation is made, or if a special meeting is called, the place of meeting shall be the principal place of business of the Company specified in Section 2.3. 7.4 Notice of Meetings. Written notice stating the place, day and hour of the meeting and, in the case of a special meeting, the purpose or purposes for which the meeting is called shall be delivered not less than ten (10) nor more than fifty (50) days before the date of the meeting, either personally or by mail, by or at the direction of the Member calling the meeting, to each Member entitled to vote at such meeting. If mailed, such notice shall be deemed to be delivered two (2) calendar days after being deposited in the United States Mail, addressed to the Member as specified on attached Schedule C (as the same may be amended from time to time) with postage thereon prepaid. 7.5 Record Date, For the purpose of determining Members entitled to notice of or to vote at any meeting of Members or any adjournment thereof, or members entitled to receive payment of any distribution, the date on which notice of the meeting is mailed or the date on which the resolution declaring such distribution is adopted, as the case may be, shall be the record date for such determination of Members. When a determination of Members entitled to vote at any meeting of Members has been made as provided in this Section, such determination shall apply to any adjournment thereof. 7.6 Quorum. The presence of all Members, in person or by proxy, shall constitute a quorum at any meeting of Members. At adjourned meeting at which a quorum shall be present 10 999999.0040/1 067840.1 .. or represented, any business may be transacted which might have been transacted at the meeting as originally noticed. The Members present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal during such meeting of any Member whose absence would cause less than a quorum. 7.7 Manner of Acting. If a quorum is present, the affirmative vote of Members holding more than fifty percent (50%) of the voting power represented at the meeting in person or by proxy shall be the act of the Members, unless the vote of a greater or lesser percentage is required by this Agreement or the Act. 7.8 Proxies. At all meetings of Members, a Member may vote in person or by proxy executed in writing by the Member. Such proxy shall be filed with a Manager of the Company (or the presiding Member, if a Manager is not present) before or at the time of the meeting. No proxy shall be valid after eleven (lJ) months from the date of its execution, unless otherwise provided in the proxy. 7.9 Action by Members Without a Meeting. Action required or permitted to be taken at a meeting of Members may be taken without a meeting if the action is evidenced by one or more written consents describing the action taken, executed by all Members entitled to vote thereon and included in the Company's minutes. Action taken under this Section 7.9 is effective when all Members entitled to vote thereon have signed such consents, unless such consents specify a different effective date. The record date for determining Members entitled to take action without a meeting shall be the date the first Member signs a consent. 7.10 Waiver of Notice. When any notice is required to be given to a Member, a waiver thereof in writing signed by the Memher entitled to such notice, whether before, at, or after the time stated therein, shall be equivalent to the giving of such notice. ARTICLE 8 -CONTRIBUTIONS TO THE COMPANY AND CAPITAL ACCOUNTS 8.1 Members' Capital Contributions. Each Member has contributed such amounts as is set forth in attached Schedule A as such Member's share of the assets of the Members' Capital Contribution as of the date set forth on said Schedule A. 8.2 Additional Contributions. No Member will be required to make any Capital Contributions in addition to that Member's initial Capital Contribution without such Member's consent. No Member may make an additional contribution without the consent of all Members. 8.3 Capital Accounts. 8.3.1 Establishment and Maintenance. A separate Capital Account will be maintained for each Unit Holder throughout the term of the Company in accordance with the regulations under section 704 of the Code. A Member's capital account initially shall be the agreed value of initial capital contributed by the Member as shown on Schedule A. Each Unit Holder's Capital Account will be increased by (1) the amount of money contributed by such Unit Holder to the Company; (2) the fair market value of property contributed by such Unit Holder to the 11 999999.0040/1067840.1 " Company (net ofliabilities secured by such contributed property that the Company is considered to assume or take the property subject to under Code Section 752); (3) allocations to such Unit Holder of Net Profits excluding Built-In Gains and Built-In Losses; and (4) allocations to such Unit Holder of income and gain exempt from federal income tax. Each Unit Holder's Capital Account will be decreased by (I) the amount of money distributed to such Unit Holder by the Company; (2) the fair market value of property distributed to such Unit Holder by the Company (net of liabilities secured by such distributed property that such Unit Holder is considered to assume or take the property subject to Code Section 752); (3) allocations to such Unit Holder of expenditures described in Code Section 705(a)(2)(B); and (4) allocations to such Unit Holder of Net Losses excluding Built-In Gains and Built-In Losses. In the event of a pennitted sale or exchange of a Membership Interest or an Economic Interest in the Company, the Capital Account of the transferor shall become the Capital Account of the transferee to the extent it relates to the transferred Membership Interest or Economic Interest. 8.3.2 Compliance with Regulations. The manner in which Capital Accounts are to be maintained pursuant to this Section 8.3 is intended to comply with the requirements of Code Section 704(b) and the Regulations promulgated thereunder. If in the opinion of the Company's legal counselor accountants the manner in which Capital Accounts are to be maintained pursuant to the preceding provisions of this Section 8.3 should be modified in order to comply with Code Section 704(b) and the regulations thereunder, then notwithstanding anything to the contrary contained in the preceding provisions of this Section 8.3, the method in which Capital Accounts are maintained shall be so modified; provided, however, that any change in the manner of maintaining Capital Accounts shall not materially alter the economic agreement between or among the Members. 8.4 Withdrawal or Reduction of Members' Contributions to Capital. A Member shall not receive out of the Company's property any part of its Capital Contribution until all liabilities of the Company, except liabilities to Members on account of their Capital Contributions, have been paid or there remains property of the Company sufficient to pay them. A Member, irrespective of the nature of its Capital Contribution, has only the right to demand and receive cash in return for its Capital Contribution. ARTICLE 9 -ALLOCATIONS OF NET PROFITS AND LOSSES 9.1 Allocation of Net Profits ill1d Net Losses. The Company's Net Profits and Losses remaining after the allocations required by Section 9 shall be allocated proportionately among the Unit Holders according to their respective interests. No Unit Holder has priority over any other Unit Holder as to the Net Profits and Losses of the Company. 9.2 Transfer or Death. In the event of a Transfer of a Membership Interest or Economic Interest, a Unit Holder's death, or the expulsion of a Member, Net Profits and Losses shall be allocated based on the number of days in the particular year during which each Unit Holder owned such interest, or on any other reasonable basis consistent with applicable federal tax laws and regulations. 12 999999.004011067840.1 " 9.3 Authority to Vary Allocations, The Manager has the authority to vary allocations to the extent necessary to comply with federal income tax laws. 9.4 Determination of Net Profit or Loss. 9.4.1 Computation of Net Profit or Loss. The Net Profit or Net Loss of the Company, for each fiscal year or other period, shall be an amount equal to the Company's taxable income or loss for such period, determined in accordance with Code Section 703(a) (and, for this purpose, all items of income, gain, loss or deduction required to be stated separately pursuant to Code Section 703(a)(I), including income and gain exempt from federal income tax, shall be included in taxable income or loss). 9.4.2 Adjustments to Net Profit or Loss. For purposes of computing taxable income or loss on the disposition of an item of Company property or for purposes of determining the cost recovery, depreciation, or amortization deduction with respect to any property, the Company shall use such property's book value determined in accordance with Regulation Section 1.704-1 (b). Consequently, each property's book value shall be equal to its adjusted basis for federal income tax purposes, except as follows: (a) The initial book value of any property contributed by a Member to the Company shall be the gross fair market value of such property at the time of contribution; (b) In the sole discretion of the Manager, the book value of all Company properties may be adjusted to equal their respective gross fair market values, as determined by the Manager as of the following times: (I) in connection with the acquisition of an interest in the Company by a new or existing Member for more than a de minimis capital contribution, (2) in connection with the liquidation of the Company as defined in Regulation Section 1.704-(I)(b)(2)(ii)(g), or (3) in connection with a more than de minimis distribution to a retiring or a continuing Unit Holder as consideration for all or a portion of his or its interest in the Company. In the event of a revaluation of any Company assets hereunder, the Capital Accounts of the Unit Holders shall be adjusted, including continuing adjustments for depreciation, to the extent provided in Regulation Section 1.704-(l)(b)(2)(iv)(f); (c) If the book value of an item of Company property has been determined pursuant to this Section 9.4.2, such book value shall thereafter be used, and shall thereafter be adjusted by depreciation or amortization, if any, taken into account with respect to such property, for purposes of computing Net Profit or Net Loss. 9.5 Mandatorv Tax Allocations Under Code Section 704(c). In accordance with Code Section 704(c) and Regulation Section 1.704-3, income, gain, loss and deduction with respect to any property contributed to the capital of the Company shall, solely for tax purposes, be allocated among the Unit Holders so as to take account of any variation between the adjusted basis of such property to the Company for federal income tax purposes and its initial book value computed in accordance with paragraph (a) of Section 9.4.2. Prior to the contribution of any property to the Company that has a fair market value that differs from its adjusted tax basis in the hands of the contributing Member on the date of contribution, the contributing Member and the 13 999999.004011067840.1 '. Manager (or, if the contributing Member is a Manager, a Majority Interest of the non-contributing Members) shall agree upon the allocation method to be applied with respect to that property under Regulation Section 1.704-3, which allocation method shall be set forth on a new Schedule 1 to be attached hereto, as amended from time to time. If the book value of any Company property is adjusted pursuant to paragraph (b) of Section 9.4.2, subsequent allocations of income, gain, loss and deduction with respect to such property shall take account of any variation between the adjusted basis of such property for federal income tax purposes and its book value in the same manner as under Code Section 704( c). The choice of allocation methods, if made, under Regulation Section 1.704-3 with respect to such revalued property shall be made by the Manager and, if made, set forth on a new Schedule 2 to be attached hereto, as amended from time to time. Allocations pursuant to this Section 9.5 are solely for purposes of federal, state, and local taxes and shall not affect, or in any way be taken into account in computing, any Unit Holder's Capital Account or share of Net Profit, Net Loss, or other items as computed for book purposes, or distributions pursuant to any provision of this Agreement. ARTICLE 10 -DISTRIBUTIONS 10.1 Cash Distributions. The Company shall make distributions to the Manager or Members only as provided in this Article and as provided in Article 14 upon liquidation of the Company. 10.1.1 Non-liquidating Distributions. Distributable Cash includes only cash remaining after the Manager has set aside reasonable reserves of cash for working capital, expected expenditures, current and reasonably expected investment opportunities and foreseen debt service and contingencies. Cash derived from Member contributions, borrowed funds and from sale of Company Property shall not be considered Distributable Cash. [If the Manager determines that the Distributable Cash to be distributed to the Members will be insufficient to enable the Members to pay income taxes attributable to their respective interests in the Company, the Manager may distribute an amount reasonably necessary (as determined by the Manager) to cover any federal, state and local taxes on the Members' allocable share of taxable Company profits.] 10.1.2 Distributions in Liguidation. Notwithstanding Section 10.1.1, distributions in liquidation of the Company shall be made to each Unit Holder in the manner set forth in Section 14.3. 10.2 Distributions in Kind. The Manager shall not distribute any Property in kind except upon liquidation of the Company. 10.3 Withholding; Amounts Withheld Treated as Distributions. The Manager are authorized to withhold from distributions, or with respect to allocations or payments, to Unit Holders and to pay over to the appropriate federal, state or local governmental authority any amounts required to be withheld pursuant to the Code or provisions of applicable state or local law. All amounts withheld pursuant to the preceding sentence in connection with any payment, 14 999999.004011 067840.1 " distribution or allocation to any Unit Holder shaH be treated as amounts distributed to such Unit Holder pursuant to this Article 10 for all purposes of this Agreement 10.4 Limitation Upon Distributions. No distribution shall be declared and paid unless, after the distribution is made, the assets of the Company are in excess of aU liabilities of the Company, except liabilities to Members on account of their contributions. ARTICLE 11 -ACCOUNTING, BOOKS, AND RECORDS 11.1 Accounting Principles. The Company's books and records shall be kept, and its income tax returns prepared, under such permissible method of accounting, consistently applied, as the Manager determines to be in the best interest of the Company and its Members. 11.2 Interest on and Return of Capital Contributions. No Member shall be entitled to interest on its Capital Contribution or to return of its Capital Contribution, except as otherwise specifically provided for herein. 11.3 Loans to Comoanv. Nothing in this Agreement shall prevent any Member from making secured or unsecured loans to the Company. 11.4 Accounting Period. The Company's accounting period shall be the calendar year. 11.5 Records, Audits and Reports. At the expense of the Company, the Manager shall maintain records and accounts of all operations and expenditures of the Company. At a minimum the Company shall keep at its principal place of business the following records: 11.5.1 A current list and past list, setting forth the full name and last known mailing address of each Member, Assignee and Manager; 11.5.2 A copy of the Certificate of Formation and all amendments thereto; 11.5.3 Copies of this Agreement and all amendments hereto; 11.5.4 Copies of the Company's federal, state, and local tax returns and reports, if any, for the three most recent years; 11.5.5 Minutes of every meeting of the members and any written consents obtained from Members for actions taken by Members without a meeting; 11.5.6 Copies of the Company's financial statements for the three most recent years; 11.5.7 The amount of cash and a description of the agreed value of the other property or services contributed by each Member (including that Member's predecessors in interest), and which each Member has agreed to contribute. 15 999999.004011067840.1 '. The Manager shall deliver to the Secretary of State, for filing, annual reports which set forth information as required by the Act. 11. 6 Tax Matters Manager. 11.6.1 Designation. The Manager, or if the Manager is ineligible to serve then the Member with the largest interest in Company profits, shall be the "tax matters manager" of the Company for purposes of Code Section 6221 et seq. and corresponding provisions of any state or local tax law. 11.6.2 Resignation: Replacement. The Tax Matters Manager may resign upon written notice to all other Members mailed by certified mail no later than thirty (30) days preceding the effective date of such resignation. The Members may remove a Tax Matters Manager and may elect a new Tax Matters Manager by atfirmative vote of a Majority Interest. 11.6.3 Expenses of Tax Matters Manager, Indemnification. The Company shall indemnify and reimburse the Tax Matters Manager for all reasonable expenses, including legal and accounting fees, claims, liabilities, losses and damages incurred in connection with any administrative or judicial proceeding with respect to the tax liability of the Unit Holders attributable to the Company. The payment of all such expenses shall be made before any distributions are made to Unit Holders (and such expenses shall be taken into consideration for purposes of determining Distributable Cash) or any discretionary reserves are set aside by the Manager. Neither the Tax Matters Manager nor any Member shall have any obligation to provide funds for such purpose. The provisions for exculpation and indemnification of the Manager set forth in Section 5.4 of this Agreement shall be fully applicable to any Member acting as Tax Matters Manager for the Company. 11.7 Returns and Other Elections. The Manager shall cause the preparation and timely filing of all tax and information returns required to be filed by the Company pursuant to the Code and all other tax and information returns deemed necessary and required in each jurisdiction in which the Company does business. Copies of such returns, or pertinent information therefrom, shall be furnished to the Unit Holders within a reasonable time after the end of the Company's fiscal year. 11.8 Tax Elections. Except as otherwise expressly provided to the contrary in this Agreement, all elections permitted to be made by the Company under federal or state laws shall be made by the Manager in his sole discretion; provided that no election shall be made to exclude the Company from the application of the provisions of subchapter K of the Code or from any similar provisions of state tax laws. If a Membership Interest is transferred, a Member dies, or any Property is distributed to a Member, the Manager shall, upon the written request of any Member, elect to cause the basis of the Property to be adjusted for federal income tax purposes under sections 734, 743 and 754 of the Code. 16 999999.004011 067840.1 •• ARTICLE 12 -TRANSFERABILITY 12.1 General. A Permitted Transferee shall be admitted as a Member after satisfying the conditions set forth in Section 12.3.1. A Permitted Transferee who is not admitted as a Member because all of the conditions of Section 12.3.1 have not been satisfied, shall be treated as an "Assignee" pursuant to Section 12.5. If the Permitted Transferee does not become a Member, but is an Assignee, the Assignee shall. nevertheless, still be required to comply with the terms of Section 12.3.3 below. Except as otherwise expressly provided in this Agreement, neither a Member nor an Assignee shall have the right to: 12.1.1 sell, assign, transfer, exchange or otherwise transfer for consideration, (collectively, "sell" or "sale"), 12.1.2 gift, bequeath or otherwise transfer for no consideration whether or not by operation of law, except in the case of bankruptcy (collectively "gift"), all or any part of its Membership Interest or Economic Interest, except to a Permitted Transferee. Each Member and Assignee hereby acknowledges the reasonableness of the restrictions on sale and gift of Membership Interests and Economic Interests imposed by this Agreement in view of the Company's purposes and the relationship of the Members and Assignees. Accordingly, the restrictions on sale and gift contained herein shall be specifically enforceable. In the event that any Unit Holder pledges or otherwise encumbers any of its Membership Interest or Economic Interest as security for repayment of a liability or performance of any obligation, any such pledge or hypothecation shall be made pursuant to a pledge or hypothecation agreement that requires the pledgee or secured party to be bound by all the terms and conditions of this Article 12. 12.2 First Refusal Rights. 12.2.1 A Unit Holder desiring to sell all or any portion of its Membership Interest or Economic Interest to a third party purchaser shall obtain from such third party purchaser a bona fide written offer to purchase such Membership Interest or Economic Interest, stating the terms and conditions upon which the purchase is to be made and the consideration offered therefor. Such Unit Holder shall give written notice to the other Unit Holders and Manager of its intention to so Transfer such Interest. Such notice shall set forth the complete terms of the written offer to purchase and the name and address of the proposed third party purchaser. 12.2.2 The other Unit Holders, shall, on a basis pro rata to their combined Membership Interests and Economic Interests , have the first right to purchase all (but not less than all) of the Membership Interests or Economic Interests proposed to be sold by the selling Unit Holder upon the same terms and conditions stated in the notice given pursuant to Section 12.2.1 by giving written notice to the other Unit Holders and the Manager within ten (l0) days after such notice from the selling Unit Holder. The failure of a Unit Holder to so notify the other Members and Manager of its desire to exercise its first refusal rights within said ten (l0) day period as required by this Section 12.2.2 shall result in the termination of such Unit Holder's first refusal rights. 17 999999.004011067840.1 · . 12.2.3 Within ten (10) days after expiration of the ten (10) day period specified in the preceding paragraph, the Manager shall notify those Unit Holders electing to exercise their first refusal rights of any Membership Interests or Economic Interests that the other Unit Holders did not elect to purchase. Those Unit Holders exercising first refusal rights in accordance with the preceding paragraph shall then notify the Manager and the other purchasing Unit Holders whether they elect to purchase such remaining interests, which shall be pro rata or allocated in such other manner as the purchasing Unit Holders shall agree. If no such notification is received by the Manager from any such Unit Holders in accordance with this paragraph, no Unit Holder shall have any further first refusal rights with respect to such interests. 12.2.4 If Unit Holders have elected to purchase all of the Membership Interests or Economic Interests offered by the selling Unit Holder, the selling Unit Holder shall sell such interests upon the same terms and conditions specified in the notice required by Section 12.2.1, and the purchasing Unit Holders shall have the right to close the purchase within thirty (30) days after receipt of notification from the Manager that such Unit Holders have elected to purchase the selling Unit Holder's Membership Interests or Economic Interests. 12.2.5 If Unit Holders do not elect to purchase all of the Membership Interests or Economic Interests offered by the selling Unit Holder in accordance with this Section 12.2, then the selling Unit Holder shall be entitled to sell such Membership Interests or Economic Interests to the third party purchaser in accordance with the terms and conditions upon which the purchase is to be made as specified in the notice under Section 12.2.1. However, if such sale is not completed within thirty (30) days following expiration of the other Unit Holders' first refusal rights under this Section 12.2, then the selling Unit Holder shall not be entitled to complete the sale to such third party purchaser and the selling Unit Holder'S Membership Interests or Economic Interests shall continue to be subj ect to the rights of first refusal set forth in this Section 12.2 with respect to any proposed subsequent transfer. 12.2.6 Subject to Section 12.3 below, a Unit Holder may gift all or any portion of its Membership Interest and Economic Interest (without regard to Section 12.2.1 and 12.2.2) and further provided that the donee is a Permitted Transferee. In the event of the gift of all or any portion of a Unit Holder's Membership Interest or Economic Interest to one or more donees who are under eighteen (18) years of age, one or more trusts shall be established to hold the gifted interest(s) for the benefit of such donee(s) until all of the donee(s) reach the age of at least eighteen (18) years. 12.3 Admission as Member; Transferee Not Member in Absence of Consent. 12.3.1 To be admitted as a Member, an Assignee must (l) obtain the written consent of all the Members, which consent may be v.ithheld by each Member in his or her sole and absolute discretion, and (2) deliver to the Company a fully executed Joinder Agreement substantially in the form of the attached Schedule D, and if applicable, a fully executed Spousal Consent substantially in the form of the attached Schedule E. A Person holding a valid proxy of a Member may sign a written consent on behalf of the Member. These requirements apply to all Assignees, including Permitted Transferees. Any Assignee who is not admitted as a Member shall retain the status of an Assignee as defined in this Agreement. 18 999999.00401l 067840.1 · . 12.3.2 Promptly following any sale or gift of a Member's Economic Interest which does not at the same time transfer the balance of the rights associated with such Person's Membership Interest, the Company shall purchase from such Person, and such Person shall sell to the Company for a purchase price of $1 00, all such remaining rights and interests retained by such Person which immediately prior to such sale or gift were associated with the transferred Economic Interest or from which such Economic Interest was derived. The acquisition by the Company of such Person's rights shall not cause a dissolution of the Company and such Person shall no longer be a Member. 12.3.3 Conditions to Transfer. To the extent not dealt with under Section 12.3.1 above, upon the purchase or the gift of a Membership Interest or an Economic Interest, whether or not to a Permitted Transferee and as a condition to recognizing the effectiveness and binding nature of any sale or gift and (subject to all other provisions in this Agreement) substitution of a Person as a new Assignee, the Manager or, if no Manager, then the majority of the remaining Members may require the transferring Unit Holder and the proposed purchaser, donee or successor-in-interest, as the case may be to execute, acknowledge and deliver to the Company such instruments of transfer, assignment and assumption and such other agreements and to perform all such other acts that the Manager or, if no Manager, then the majority of the remaining Members, may deem necessary or desirable to: a. constitute such Person as an Assignee; b. confirm that the Person desiring to become an Assignee, has accepted, assumed and agreed to be subject and bound by all of the terms, obligations and conditions of this Agreement; c. maintain the status of the Company as a partnership for federal tax purposes; and d. assure compliance with any applicable state and federal laws, including securities laws and regulations. 12.4 Effective Date: Indemnity. Any sale, gift or other Transfer of a Membership Interest or Economic Interest or admission of a Member in compliance with this Article 12 shall be deemed effective as of the last day of the calendar month in which the remaining Members, consent thereto was given, or, if no such consent was required pursuant to this Article 12, then on such date that the transferor and the transferee both comply with Section 12.3. The transferring Unit Holder hereby indemnifies the Company and the Manager, if there is one, against any and all loss, damage, or expense (induding, without limitation, tax liabilities or loss of tax benefits) arising directly or indirectly as a result of any Transfer or purported Transfer in violation of this Article 12. 12.5 Rights of Assignees. An "Assignee" shall be entitled only to allocations and distributions with respect to such Economic Interest in accordance with this Agreement, but shall have no right to any information or accounting of the affairs of the Company, shall not be 19 999999.004011 067840.1 '. entitled to inspect the books and records of the Company and shall not have any of the rights or powers of a Member under the Act or this Agreement. Furthermore, such Assignee shall be bound by the restrictions on Transfer set forth in this Agreement as if a Member and shall execute an Agreement to be so bound. 12.6 No Withdrawals by Members. No Member shall have the right to withdraw from the Company without the prior written consent of all Members, which consent may be withheld for any reason whatsoever. A purported withdrawal by a Member shall be null and void and of no force and effect whatsoever. 12.7 Indemnification. In the case of a Transfer of Membership Interest or an Economic Interest that is not permitted by this Section 12, the parties engaging in such Transfer or withdrawal shall be liable to, and indemnify and hold harmless the Company and the other Members from all costs, liabilities, and damages that any such identified persons may incur (including, without limitation, incremental tax liabilities, attorneys' fees and expenses) as a result of such a Transfer or withdrawal and efforts to enforce the indemnity granted hereby. ARTICLE 13 -PURCHASE EVENTS. 13.1 Definition of Purchase Event. For purposes of this Agreement, anyone of the following events shall constitute a "Purchase Event": 13.1.1 Death. The death of a Member, unless the Membership Interest or Economic Interest passes to a Permitted Transferee in full compliance with the conditions of Article 12, and all other conditions of this Agreement. For such Purchase Event, the personal representative of the deceased Member shall be obligated to give notice of his appointment or qualification to the Company and the remaining Members as soon as practicable following his appointment or qualification. F or purposes of determining the purchase price under Section 13.4, the date of the death of the Member shall be deemed the date of the Purchase Event. 13.1.2 Bankruptcy or Assignment for Benefit of Creditors. A Member's assignment for the benefit of creditors, or a Member being adjudicated bankrupt. In any such event, such Member shall be obligated to give notice of such event to the Company and the remaining Members as soon as practicable following such event. For purposes of determining the purchase price under Section 13.3, the date of the assignment for the benefit of creditors, or the date of the bankruptcy adjudication, whichever is applicable, shall be deemed the date of the Purchase Event. 13.1.3 Incompetency. A finding that a Member is Incompetent by a Court of competent jurisdiction under such circw1lStances that Member's interest in Company (or the right to exercise ownership powers over such interest) shall pass to a trustee, guardian or successor. The trustee, guardian, or successor shall be obligated to give notice of his appointment to the Company and remaining Members as soon as practicable following his appointment. For purposes of determining the purchase price under Section 13.4, the date the Court finds the Member is Incompetent shall be deemed the date of the Purchase Event. 20 999999.0040/1067840.1 · , 13.1.4 Marriage Dissolution. Legal dissolution of the marriage of a Member (hereinafter such Member, not the spouse, is referred to as the "Divorced Member") in which the former spouse of such Divorced Member is entitled to receive any or all of the Divorced Member's Membership Interest or Economic Interest of the Company, Notwithstanding the foregoing, this shall not be a Purchase Event if the former spouse of the Divorced Member is a Permitted Transferee. For any Purchase Event under this Section 13.1.4, such Divorced Member and the former spouse to whom title of the Membership Interest is to pass, shall be obligated to give notice of such event to the Company and the remaining Members as soon as practicable following the event. For purposes of determining the purchase price under Section 13.4, the date of dissolution shall be deemed the date of the Purchase Event. 13.2 Offering Procedure in Event of Purchase Event. 13.2.1 Upon the occurrence of any Purchase Event under Section 13,1, Company shall have the first right to elect to purchase the Membership Interest or Economic Interest in the Company held by the Member precipitating the Purchase Event, by written notice to that Member (or executor, as the case may be), the transferee(s) of that Member's Membership Interest or Economic Interest in Company and the other Members. Company shall have thirty (30) days after Company's knowledge of the occurrence of the Purchase Event within which to elect to purchase, Upon Company's failure to elect to purchase within said thirty (30) days, the other Members shall have thirty (30) days to elect to purchase by written notice to Company, to the transferee(s) of the Membership Interest or Economic Interest and to the Member (or executor) participating in the Purchase Event. 13.2.2 The exercise of any right to purchase hereunder, to be valid, must be for all of the Member's Membership Interest or Economic Interest in the Company available for sale (or a former spouse's share of Membership Interest or Economic Interest, in the event of a Purchase Event under Section 13.1.4). In the event neither the Company nor the other Member(s) exercises the option to purchase, then unless all remaining (non-selling) Members agree otherwise (excluding the selling Member), the Company shall be liquidated. In such case, the remaining Member(s) (as opposed to the selling Member) shall have the right and duty to proceed with the liquidation of the Company with such liquidation to be completed as soon as reasonably practicable. No additional payment shall be made to the remaining Member(s) for such Members' efforts in the dissolution, although all costs and expenses, including professional fees reasonably incurred in such liquidation, shall be an expense of and paid by the Company. The selling Member, or those claiming by, through, or under the selling Member, shall provide a proxy to the remaining Member(s) to vote the selling Member's Membership Interest or Economic Interest in connection with the liquidation and winding up of the Company, and shall sign such further additional documents as reasonably requested by the remaining Member(s) in accomplishing such liquidation. 13.3 Determination and Pavment of Purchase Price in Event of Section 13.1.2 (Bankruptcy, Etc.) Purchase Event. In the event of any purchase of a Membership Interest or Economic Interest under a Purchase Event described in Section 13.1.2 above, the purchase price shall be that percentage of the book value of the Company as shown on the Company's books 21 999999.004011 067840.1 • • and records at the date of such Purchase Event (with no value for goodwill or other intangible assets, except as those have been reflected on the books of the Company using generally accepted accounting principles, immediately prior to the date of the Purchase Event under Section 13.1.2) equal to the Seller's percentage of Membership Interest or Economic Interest in the Company. The purchase price, thus determined, shall be reduced by forty-five percent (45%) for a minority interest and lack of marketability, unless the Membership Interest being sold represent more than fifty percent (50%) of the issued and outstanding Membership Interests. If the Membership Interest involved is more than fifty percent (50%) of the issued and outstanding Membership Interests, then the discount for lack of marketability will offset the control premium so there will be no premium and no discount. The purchaser shall pay the purchase price in three (3) equal annual installments, without interest, with the first installment payable three (3) months after the notice of exercising the election to purchase. 13.4 Determination and Payment of Purchase Price under Other Purchase Events. In the event of any purchase of a Member's Interest, for any Purchase Event under Sections 13.1, 13.3 or 13.4, the purchase price shall be based upon Company's fair market value at the time of the Purchase Event. If the Purchaser and Seller cannot agree on the purchase price, then the same shall be the fair market value of the assets and liabilities of the Company, discounted as appropriate for minority discount and lack of marketability discounts. For all marketable securities, the last sale price as of the close of business on the date ofthe purchase (as reported in The Wall Street Journal if in fact such securities are reported in such journal) shall be the fair market value of such assets. Otherwise, the fair market value shall be determined by appraisal as follows: 13.4.1 The Seller and the Purchaser shall each select an appraiser, who shall be an individual licensed as a certified public accountant who has been practicing as a CPA for at least five (5) consecutive years preceding sueh appointment, and who is experienced in valuing businesses similar to Company's business. Promptly upon designation of an appraiser, each party shall notify the other party of the name, address and phone number of such appraiser. If within 10 days after receipt of notice of the appointment of an appraiser by the other party, one party fails to designate an appraiser, then the one appointed appraiser shall make the determination. If the two appraisers thus selected cannot, within a reasonable time, reach an agreement as to the purchase price, then the two appraisers shall jointly select a third appraiser and the decision agreed to by a majority of the three appraisers shall be binding. If for any reason the two appraisers cannot agree upon a third appraiser, then either the Seller or the Purchaser may apply to the Presiding Judge of the King County Superior Court for the appointment of the third appraiser. 13.4.2 Each party shall pay the cost of the appraiser designated by that party, and the cost of any third appraiser shall be shared equally by the Seller and Purchaser. 13.4.3 Once the purchase price has been determined, if the parties cannot agree on other terms of payment, it shall be paid as follows: 22 999999.004011067840.1 • • (a) A down payment shall be paid in cash within ninety (90) days of the date said purchase price is agreed upon or the appraisal is completed, whichever is earlier, as the "Initial Payment." The Initial Payment shall be twenty percent (20%) of the purchase price. (b) The balance of the purchase price shall be amortized in equal monthly installments of principal over a period of ten (10) years, commencing thirty (30) days after the Initial Payment is made, including interest at the Prime Rate as reported in The Wall Street Journal for Bank of America, as of the date of the Initial Payment. (c) Until payment in full of the purchase price, the Membership Interest or Economic Interest being so Id shall be pledged and held in escrow according to the terms of a pledge agreement in form and substance reasonably satisfactory to the parties at such law firm as Seller shall select as Escrow Agent. The fee for such escrow shall be paid for by Seller. Said pledged Membership Interest or Economic Interest shall be security for the unpaid balance of the purchase price. ARTICLE 14 -DISSOLUTION AND TERMINATION 14.1 Dissolution. The Company shall be dissolved upon the occurrence of any of the following events: 14.1.1 upon expiration of the term specified in Article 3; 14.1.2 an Event of Dissociation of any Member who is also a Manager; or 14.1.3 by the written agreement of all Members. Upon the Event of Dissociation of any Member who is also a Manager, the Company shall not be dissolved, however, if there are at least two remaining Members and, within ninety (90) days from the occurrence of the Event of Dissociation, a Majority Interest of remaining Members vote to continue the Company under this Agreement. The Company shall continue despite an Event of Dissociation of a Member who is not a Manager. Upon the occurrence of an Event of Dissociation of a Member (including a Member who is also a Manager), the dissociating Member (or such Member's assignee) shall have the rights of an assignee pursuant to RCW 25.15.130. No Member shall have the right to dissolve or terminate the Company for any reason other than as set forth above and each Member hereby waives any other rights that Member may have to dissolve or terminate the Company. 14.2 Allocation of Net Profit and Loss in Liquidation. The allocation of Net Profit, Net Loss and other items of the Company following the date of dissolution, including but not limited to gain or loss upon the sale of all or substantially all of the Company's assets, shall be determined in accordance with the provisions of Articles 9 and 10 and shall be credited or charged to the Capital Accounts of the Unit Holders in the same manner as Net Profit, Net Loss, and other items of the Company would have been credited or charged if there were no dissolution and liquidation. 23 999999.004011067840.1 , . 14.3 Winding UP. Liquidation and Distribution of Assets. Upon dissolution, the Manager shall inunediately proceed to wind up the affairs of the Company, unless the business of the Company is continued as provided in Section 14.1.3. The Manager shall sell or otherwise liquidate all of the Company's assets as promptly as practicable (except to the extent the Manager may determine to distribute any assets to the Unit Holders in kind) and shall apply the proceeds of such sale and the remaining Company assets in the following order of priority: 14.3.1 Payment of creditors, including Members and Managers who are creditors, to the extent otherwise permitted by law, in satisfaction of liabilities of the Company, other than liabilities for distributions to Members; 14.3.2 To establish any reserves that the Manager deems reasonably necessary for contingent or unforeseen obligations of the Company and, at the expiration of such period as the Manager shall deem advisable, the balance then remaining in the manner provided in Section 14.3.3 below; 14.3.3 By the end of the taxable year in which the liquidation occurs (or, if later, within ninety (90) days after the date of such liquidation), to the Unit Holders in proportion to the positive balances of their respective Capital Accounts, as determined after taking into account all Capital Account adjustments for the taxable year during which the liquidation occurs (other than those made pursuant to this Section 14.3.3). 14.4 No Obligation to Restore Negative Capital Account Balance on Liquidation. Notwithstanding anything to the contrary in this Agreement, upon a liquidation within the meaning of Regulation Section 1.704-1 (b )(2)(ii)(g), if any Unit Holder has a negative Capital Account balance (after giving effect to all contributions, distributions, allocations and other Capital Account adjustments for all taxable years, including the year during which such liquidation occurs), such Unit Holder shall have no obligation to make any Capital Contribution to the Company, and the negative balance of such Unit Holder's Capital Account shall not be considered a debt owed by such Unit Holder to the Company or to any other Person for any purpose whatsoever. 14.5 Termination. The Manager shall comply with any applicable requirements of applicable law pertaining to the winding up of the affairs of the Company and the final distribution of its assets. Upon completion of the winding up, liquidation and distribution of the assets, the Company shall be deemed terminated. The Manager is hereby authorized to do any and all acts and things authorized by law in order to effect such winding up and liquidation and distribution of the Company's assets. 14.6 Certificate of Cancellation. Wben all debts, liabilities and obligations have been paid and discharged or adequate provisions have been made therefor and all of the remaining property and assets have been distributed to the Unit Holders, the Manager shall file a certificate of cancellation as required by the Act. Upon filing the certificate of cancellation, the existence of the Company shall cease, except as otherwise provided in the Act. 24 999999.00401l 067840.1 , , 14.7 Return of Contribution Nonrecourse to Other Members. Except as provided by law or as expressly provided in this Agreement, upon dissolution each Unit Holder shall look solely to the assets of the Company for the return of its Capital Contribution. If the property remaining after the payment or discharge of liabilities of the Company is insufficient to return the contributions or Capital Account balances of Unit Holders, no Unit Holder shall have recourse against any other Unit Holder. ARTICLE 15 -INDEPENDENT ACTIVITIES OF MANAGERS AND MEMBERS Any Manager and Member may engage in or possess an interest in other business ventures of every nature and description, independently or with others, including but not limited to, the ownership, financing, management, employment by, lending to or otherwise participating in businesses which are similar to the business of the Company, and neither the Company nor any Manager or Unit Holders shall have any right by virtue of this Agreement in and to such independent ventures or to the income or profits therefrom. ARTICLE 16 --POWER OF ATTORNEY 16.1 General. Each Member names the Manager as the Member's attorney-in-fact, and gives the Manager full power and authority in the place of the Member to undertake the limited actions set forth in this Section 16.1. After the Manager establishes his authority to act pursuant to Article 5, the Manager may sign, file and record, on behalf of all the Members, any document necessary to accomplish or complete the authorized acts or activities. Such documents include, but are not limited to, those which (1) relate to the refinancing of the Company's Property, (2) amend the Certificate of Formation, (3) are required by any state in which the Company is doing business, (4) are deemed advisable by the Manager, (5) are required to continue the Company, admit additional or substituted Members, or dissolve or terminate the Company or any interest in it, (6) are required to obtain or settle any loan, and (7) are required to Transfer any Property. 16.2 Power With an Interest. The power of attorney granted under this Article 16: (1) is a power coupled with an interest; (2) is a durable power of attorney and survives the Member's Incompetence; (3) may be exercised by the Manager by a facsimile signature or by listing all of the Members executing the instrument with the signature of the Manager as the attorney-in-fact for all of them; and (4) survives the assignment of the Member's interest, and empowers the Manager to act to the same extent for such successor Member. ARTICLE 17 -MISCELLANEOUS PROVISIONS 17.1 Notices. Any notice, demand, or communication required or permitted under this Agreement shall be deemed to have been duly given if delivered personally to the party to whom directed or, if mailed by registered or certified mail, postage and charges prepaid, addressed (a) if to a Member, to the Member's address specified on attached Schedule C, as the same may be amended from time to time, (b) if to the Company, to the address specified in Section 2.4, and ( c) if to the Manager, to the address specified in Section 2.4. Except as otherwise provided herein, any such notice shall be deemed to be given when personally delivered or, if mailed, three (3) business days after the date of mailing. A Member, the Company or the Manager may 25 999999.0040/1 067840.1 • • change its address for the purposes of notices hereunder by giving notice to the others specifying such changed address in the manner specified in this Section 17.1. 17.2 Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Washington. 17.3 Amendments. This Agreement may not be amended except by the unanimous written agreement of all of the Members. 17.4 Waiver of Right of Partition. The Members hereby irrevocably waive any and all right that each may have to maintain any action for partition with respect to the Property, which is now held by the Company or is hereafter acquired, or to compel any sale thereof under any law now existing or hereinafter enacted. 17.5 Construction. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural and vice versa, and the masculine gender shall include the feminine and neuter genders and vice versa. 17.6 Headings. The headings in this Agreement are inserted for convenience only and shall not affect the interpretations of this Agreement. 17.7 Waivers. The failure of any Person to seek redress for violation of or to insist upon the strict performance of any covenant or condition of this Agreement shall not prevent a subsequent act, which would have originally constituted a violation, from having the effect of an original violation. 17.8 Rights and Remedies Cumulative. The rights and remedies provided by this Agreement are cumulative and the use of anyone right or remedy shall not preclude or waive the right to use any or all other remedies. Said rights and remedies are given in addition to any other rights, other than the right of partition, the parties may have by law, statute, ordinance or otherwise. 17.9 Severability. If any provision of this Agreement or the application thereof to any Person or circumstance shall be invalid, illegal or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected and shall be enforceable to the fullest extent permitted by law. 17.10 Heirs, Successors and Assigns. Each of the covenants, terms, provisions and agreements herein contained shall be binding upon and inure to the benefit of the parties hereto and, to the extent permitted by this Agreement, their respective heirs, legal representatives, successors and assigns. 17.11 Creditors. None of the provisions of this Agreement shall be for the benefit of or enforceable by any creditors of the Company. 26 999999.0040/1067840.1 1, i. 17.12 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which shall constitute one and the same instrument. 17.13 Arbitration. Any dispute or controversy arising out of this Agreement, including any claimed breach thereof, or in connection with dissolution of the Company, shall be determined and settled by arbitration pursuant to the arbitration rules of the American Arbitration Association although the arbitration need not be conducted by the American Arbitration Association. Any award rendered therein shall be final and binding on all parties to such arbitration and judgment may be entered thereon in any court of competent jurisdiction. 17.14 Attorneys' Fees. In the event of a dispute between the Manager and Members, or the Members arising out of this Agreement, willch is arbitrated or litigated, the non-prevailing party shall pay the reasonable costs and attorneys' fees of the prevailing party, including the reasonable costs and attorneys' fees incurred in the appeal of any final or interlocutory judgment. 17.15 Reasonableness. Whenever the consent or approval of a Member is required under this Agreement, the same shall be given in a timely manner and shall not be unreasonably withheld. 17.16 Investment Representations. The Membership Interests and/or Economic Interests have not been registered under the Securities Act of 1933, the Securities Act of Washington or any other state securities laws (collectively, the "Securities Acts") because the Company is issuing the Membership Interests and/or Economic Interests in reliance upon the exemptions from the registration requirements of the Securities Acts, and the Company is relying upon the fact that the Membersillp Interests and/or Economic Interests are to be held by each Unit Holder for investment. Accordingly, each Unit Holder hereby confirms the Membership Interests and/or Economic Interests have been acquired for such Unit Holder's own account, for investment and not with a view to the resale or distribution thereof and may not be offered or sold to anyone unless there is an effective registration or other qualification relating thereto under all applicable Securities Acts or unless such Unit Holder delivers to the Company an opinion of counsel, satisfactory to the Company, that such registration or other qualification is not required. The Unit Holders understand that the Company is under no obligation to register the Membership Interests and/or Economic Interests or to assist any Unit Holder in complying with any exemption from registration under the Securities Acts. Executed by the undersigned Member effective as of the date set forth above. 27 999999.004011067840.1 • • Its: pit£;<;; I D~T Schedule A Schedule B Schedule C Schedule D Schedule E 999999.004011 067840.1 S INC., Member Table of Attachments Member's Capital Contributions Description of Company Property Current Membership Interests, including names and addresses of members Joinder Agreement Spousal Consent 28 I , ,. Schedule A Memher Capital Contributions Effective as of July 2, 2004 Names and Addresses of Members Initial Capital Contribution I. WESTCOTT HOLDINGS INC. $195.00 B-1 999999.0040/1067840.1 l , •• 999999.004011067840.1 Schedule B Description of Company Property B-1 I • .. . Schedule C Member Information Effective as of July 2, 2004 Names and Addresses of Members Current Capital Contribution 1. WESTCOTT HOLDINGS INC. $195.00 C-1 999999.0040/1067840.1 Membership Interest 100% • • , . • ScheduleD Joinder Agreement CURRENTLY NOT INACTED This Agreement is made and entered into this _ day of __ -;' _--::-:::--" by and between Mark Donner (the "Manager") acting on behalf of (the "Company"), and the person whose signature appears below ("New Member"). A. Admission. The New Member is hereby admitted to the Company as a [MemberlManagerlMember and Manager 1 and shall have all the rights and be subject to all the obligations of [MemberlManagerlMember and Manager] under the Limited Liability Company Agreement of dated and effective as of (the "Agreement"). 2. Agreement to Be Bound by Agreement. The New Member acknowledges receipt of a copy of the Agreement. The New Member agrees to be bound by all the terms and conditions of the Agreement. 3. Capital Contribution. The New Member shall make a contribution to capital (if any) as shown on an amendment to Schedule C to the Agreement to the extent applicable. 4. Counterparts. This Agreement may be executed in multiple counterparts. This Agreement is executed as of the date fust written above. Manager New Member By: ______________________ ___ Mark Donner D-J 999999.0040/1067840.1 • 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 acknowledged that he/she signed this instrument and acknowledged it to be hislher free and voluntary act for the uses and purposes mentioned in this instrument. DATED: ____________________________________________________ _ STATE OF WASHINGTON ) ) ss. COUNTY OF ) [Notary Signature] [Type or Print Name of Notary] NOTARY PUBLIC for the State of Washington, residing m ______________________________ __ My appointment expires: 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 and acknowledged it to be hislher free and voluntary act for the uses and purposes mentioned in this instrument. DATED:_______________________ _ ______ ~~--~----~------- [Notary Signature] [Type or Print Name of Notary] NOTARY PUBLIC for the State of Washington, residing at ______ -:-________________ __ My appointment expires: ____________ _ D-2 999999 .00401l 067840.1 ... y , • Schedule E Spousal Consent CURRENTLY NOT INACTED The Undersigned, being the spouse of a Member of (the "Company"), hereby acknowledges that I have read the foregoing Agreement and understand its contents, including those provisions that allow the Company and other members to purchase any interest that I may have or acquire by any means at such time as I cease to be married to a Member. In accordance with the Agreement, I hereby agree on behalf of myself and all my successors in interest that the Agreement shall bind my community property interest, if any, in any Membership Interest therein that is at any time registered on the books of the Company in the name of my spouse. In addition to the above, I hereby consent to (i) the execution of all documents relating to the Company business or property by my spouse, without the necessity of obtaining my signature, and (ii) the grant of a power of attorney in my spouse for the sole and exclusive purpose of dealing with my respective Membership Interest and the Property. I acknowledge that I have been advised to seek separate counsel in the execution of this consent. Dme ________________________ ___ E-l 999999.0040/1067840.1 DEVELOPMENT PLANNING CITY OF RENTON THE RESERV~E~E~TONEHAVEN NW1/4, SW1/4, SEC. 32, TWP. 23N., RGE. 5E., w.M. CITY OF RENTON, KING COUNTY, WASHINGTON DfPK'aID'" ICfRJlElCATJOtt I<.';(IW ..... l P£OPU BY. 'iI£SE PRESEHfS fllll.T WE.. lI£ ~ ~ IN ru: S/Nf':J: f$ T\€ LOHD ffEIiEBr P\.lTTED, HF:IlmY 0£CL,t$!£ THIS PlAT IIHO IJ£IJK:ATE/CERlII'Y:. TO Tl-<E US£ 01' TIf( PI18UC rOlttvER .ou:. = .......... 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T11I!: _ -= t.IPON /ill PMSOIT AltO MUIII: 0'I'II€lIS IHJ tICCIII'IEI'IS at TlIE v.ND; DIFUIa:MIl£ 0lI 8DW.F OF 1li( P\.IElJC BY tHE em' OF REHlOI, TO JDM: ~am _ lIIEI:5 _ GIlO '€G(J,,~ ....,... lliE _ Dt5;1IDZfAl'IIlN_TI1ENGfII."WOTM)Tm;QJT,I'IIIJIEDCOIIEl'IEl)9'I'FU. ~ IJII. D¥MGED .n-on ElI1'ft£S$ lIWI1aI ~ F1ICU T11I!: tRY or 1tEImIN, TIlE" IIDfJ or fNIIn" HEREIN sw.u. APPt.'J JU tHE AGDII'S, OF ~o\JMS NolO flIf'I.DIff5 fJf 'll1E 'OWIIERS 011: SlJ8SEQLIOa O'/I!N(RS OF 'lH!; tNID. D. ~ Oft7t' ',.9ittt '-2,-'Of"_ 5 .J1uuJ '&~ &: ...4M-G<>. PROFtSSiOfM( WlO SURVt'lORS lnlis ·1_jOlH __ AVE. N.E .• STE. 104, YiOODI~._ WI:o ,98?72 MAI,LING _~ciA~. P.O. ,BOX 289, W<1091i-Mu.¢. V!A 9B672 THE RESERVE AT STONEHAVEN NW1/4, SW1/4, SEC. 32, TWP. 23N., RGE. 5L, W.M. CITY OF RENTmJ, KING COUNTY, WASHINGTON , " • PAIilCS/. C ~ ~: w ~$ g ~~ ,\ r ~ Q 5 ~~. 2 ~ ~ , 5 . TRACT A , 6 --------7 B TRACT F 17 a r ';... "" -.------"'£ :-~th-ST.-----" , u , s. LHE:" N-:1]2NW1/4, HW 1/4, Sw~ -- 1/4, Sl::C. 32, TM'~ 23M •• RCE. 5E. I 11 12 '1~ 14 15 16 , , TRACT [ % S. UN N. 7 • s. 1/2. HW 1/-4, NW l/4. 'YII 1/4, SEC. 32, T'IIP. 22l1., RCE. !iE. fQlnpMEHI " fJROCfPlIBES' A 5" fI:fC"IItOtC: 1"0'1'/1&. SflII_ 'lIAS USED Fort lItIS AELD TIIIiY£IISE SUR\IO'. ~ loUTS OIl ucnDS W.A.c. 332-1»-000. BfFIBfNCfJ?' 1, PlAT (K ~ ~. RECOIItDED .... VOI.IJI,I( 17.J C1F P\.A15 AT P.-oES 2&-30;. tMI;IflI. RIE£aIII»IG tuoI8£R 1I&I42~107D, RElXJI!Ilo5 (K IOIC" COOIIlV, ~ tIEi.U rcA stC"f1Il'f 5UlD11$1ON. 2. Pi.J,T·(i-4~~·,,~,sM:·ciPv.Ts,;r ::r~5'-o!-7~oiMY; ... ~·~I!J58.· . J. 'arr or ~ lOr UIt~'"\!.I.<i-02:~ R£coiIDW ... 9001( 154 01' SUIII'¥E"l"S" ,of PHlES 215 a, ~ IHlER REOOfIDINC ~ ~: A£t:OAI)S (f" J(N; COUNTY. -- PARCEL ",v. !l22S0S9nt L __ (iT CONJRQ! I EGENQ' ~~~~~u!ta:lWP.n~~~A5 em-or IlEHfON CDOIlJlOL o>O.Wf I" NIJf 'IISn!lI ~~riF'~ J!o.rr· =:--~ £. POSIIJCN Q) nxJND ~', ~. exlllCllEn: MIltf\.PIottNT MhI I J/.' P\,IIDED BIIASS (lISe STN.!PW "'l2.).."l6-!I COS[. fUJI POSIIIIlN /18 CIIlCI.IU<!'ED rn~ REFEREHC£ NO :L (8/«» ~ ~~c~~:i-~~~ ~~ 1m WOHUI.I(Nl pos.sIll~Y ~ _ ~ at 1M! PUT OF" "T1.lBOT RIDGE" ~~':" l/Z" IlUW! WfTlI CloP "21.u ,q ~ "'", S:',.SlllUlHWEST CORNIJI s~c. ~2. ~. iJrf.. lICE s.. I.IO!I!MiN'T NOT HIUMI. NSnOOt! ~ FIllIIoI RffiJlOICES ' '" 7. .ou;tl CITY 01:" RENION COImtO.. r'QM" JIO. 5a7. . . I I COHJRQI ! BiEMt ii>_-~:gj~;'lril~Wm. 11/.·DIlWE!I~ I;II!iC SD"'~ 6'+~III,'CIISf: ~'t Ir:soifrH <IF THE ~..: ~-~.w:.: ~~c~c..·~ I'OSIID' ~ THE 50Imt 1/1ST11 ~ F'Ot ~ t. 4Ilnull •• ~ r CXM:II£I[ NDtIUIoIDIf WIIK I :5/4" PUIICKl) ~ IBC DOMr GA' ... CICS[ JIJ THE IN'ItR5ECIIOH at _ INIL S. ~ SE lB1!1r1f I'L. IoIC:INIJIoIOO 15 ~ ", ... to". JoIOIUoI(NJI5~~""'D.llI·EIoSJorl:N,.CUl.ATEl) f'<li!ImIII. (t/05) 1I)RIlIII;) ." ~ ." ~ Y!NI.II[Jfl' IIITH I 3/." PUIICICO ~0I5C o(mj,OA" " COS[ J.T K INIlRSECTION Of" WIN oWE: S:. NoD $I! lesft1 I'L. IoIOIC.IW9lT IS ~ "4410", -..etJ IS D.~3" EASf Of co.u:ut.t.TED I'OSITIDt (&/05) , ~ CUl<:VE ,A!U CU~ LENGll< R.t.DIUS· DUTA ~ &#IJ,.~ EI l'OJHD ~ IIONI..1WEM 1>5 ItOl[!).. s..c:.w.5:fr. sOos CRax \rJ.1[R IH) ~ 0ISru;r PRoFEsSiONAl LAN D SU1~VtYbFis N.E., STE. 104'. w066iNvlllE WA 9s'b12: .P.O. eiOx 289. ~ril:~.Vi'i:U:·; ,,!A 9~i-? rAJ(:' '(425) VOl 23:;,0</&' THE RESERVE AT STONEHAVEN NW1/4, SW1/4, SEC. 32, KING TWP. 23N., RGE. 5E., W.M. Lu,,'-b5-130~FP . ' t..NQ':::"l, q-0411 CITY OF RENTON, COUNTY, WASHINGTON 16 ~ I /8 I PARC.Et AU .JZ2$059fB,J ':~~;'l.\",~\ --.-'1-1 5 47Tl-l Sf -------- . ___________ $-------m.Q: 8'il'2~J:...f. __ 1'----------~-:W-_e:;~ __ ------f-----~ II}" Sl:WEI' [J.S[k[Nl I,~ ;" V') TO S.C.WS.D. ~.,. 611.58' _____ _ 6 PAK'J'L C '20 I TRACT '0,143 so. n. ... , ~''''''''''' .. ""'" Scale ," = 40' lW>lDi e FOUNIl~~!lS1ICJIED. !EI' 'lor IIflII,R wmt I J/4" llFWIGE F'I.A5IlC eN> ST_ro "!.IUD CUWI .I: ASSC)CIjOl[$ 'l92711/32.u.~14~11· o ~'~~~~cAsE.BRI>S$OISC-"lI· * 'SEi-~ tti.rit .. S>nT 7 EAsEuENt-oj EGfNo- @ @ © @ I!J ., ® Pu9UC' s.o;bolllY SEW(II EASVIlEtII'. so: EASEMOO PR(MSKlNS/NCJfE5 NO. J. 9I£tT 1. . i>RIv.on DlWN'I)( E'J\S[Y£UT. SEE EA'3[loIENt PIllM5lOflS/l'C1 NOS. :-" 5. SHED 1- ~ -Uri,.nY /IHD PRm.-oc ~ ~, P\.IiIIJC W,oJER EllSOOIr. 5EE EASDlEMT PIICMSIOIIS/fOOI($ __ 2 I< ~ SHEET 2. ~ii·:.mss.,'UIlI.iT't~~~-sa"E.t>SDIOO ~ NelS. %; .. 'I; 'SHEET :z. . ;.;.~--~ ~ :",Pueuc: SOMI".olIIT iiOo~. SEE' ~'~JI!'IIE5:HIiS: 2. ,,-,, ... MD,2. . PirBuc .. TEii -~. SEE lASOIEtrr ~~ NO. l • ~1"2. "--- -, .. .i.Cci:ss.Oito-mu~~. sa~ NO. 11, SI€Et 1. ~ __ ~,04X1~ sHEa 4.Cf" 5 .30 §J_} ___ _ kJ' ~I ~I ~I 2.3 ~~ r. , . i • 22 11 12 ",se 9Q. FT. ~ I· :~ I 1U S.S'III.S,D n .... .... .A(~ '&~ &: .A~. PROFESSIQtw. LAND SURVE:Y()RS 17625 '~~_TH, ~VE. ~t£.. _~. ,104; :W.OOOiI>lViU£;,. iNA .?8072 i.WLJNG IPDRE:ss. P.O; B,OX 289, wOO_gt.fMLl.~" v.',tI;.::,:_,-?SQi2 PHt?'N'E: (.$i5),',~'~6'-t2,52 FAX: (t~5) :4~,6~~1,?B:_ < p AT STONEHAVEN VOL G 2330'17 THE RESERVE NW1/4, SW1/4, SEC, 32, TWP. 23N., RGE. 5E., W,M. LUA~05-130-FP U:'D'-10-0411 CITY OF RENTON, KING COUNTY, WASHINGTON 24 25 11 PARCEL Ml 92230S9f7t .., 0 &-.-., , Scale 1" = ~ ao 40' "" ! 50 1~ I![8M wm; I 3/ ... OIWIGIE Pl.osnct: t:N' SWIf'Ei) '\IEAO GUWt''' ~ 2t11~.Q.+/lOI-46Il6!Il1" '" If.J;;~1~~~~tz'l;.nI"X" $.I:.W.$.D.. 'si:m CRrtic w.i"iER Hii. 's£M:R DIsTIicT "* SEi:'~i«i1i-~s.m··i .EASf'MjiT;lii-fFxa?W @ ~ =~ SE.'WEiI 6.sEwr1lT sa ~ 1'ACMSOISfNC'JES ® ~=~'EI&EIItirr. 5([E.OSDIDII'~..os. @ =.r~~1t~~~:'"!~2. ® ~'~'~~~,-~. ~~ ~_2I!1i"'~2.· (tI ,~~ Iin.iN ~ '~~,_144 PWJC wm.rr SEWOr~. -stE: tASriIENT'~ 1m. 2: 3. .. a: TiSJ££r>:t.,'-· -_ .. -,-. en '~~Tf ~ ~ &:~ ~.«i smiI usoIOO' sEE~ f'JIOO/ISI()l$-NIlS. 1;3>./I!"$.-!!tI[[I':z, ~~-PillC.l'.l NO. $22~5!1/WJ ..lOB NO. 0;270 SHEET,-a'"CF.5 ( I I PARCEL NO 8.223059286 I f----- I I ! FABeEt Na 322S069298 I .1lu.d '!t~& ;A~. PROFE$sI()NAL LAND sURvEYoRs 17625 '_~TH_ AIIf.. N£ .. ,str._ 104,_ wooDiNVILlE;_.WA: g-a07"t t.tA1U~G ADDREss. P.o. BOx 289, WOODI~lll.. wii; ~~(172' ~~~!" ~:,!2~); ,~_~r'12_5~ FAX: ~4i5)' ~_8~~~h08 .~ " . ' t WHFNRECOIlDEll JlH]1JRNTO TIlERESBRVEATSTONEHA¥ENU.c 105192trlH SI'REIIT 51! SUITE 1 EVERBITWA 98lOS E2063770 08/19/2084 15'25 KING COUNTY I LIft ~~~ $2~~Z: PAGEMl OF 01U @ CHICAGO TIlLE INSURANCE COMPANY .--=-----~----------1134252 STATUTORY WARRANTY DEED Dated AUauSfl2,2004 TIlE GRANTOR CARLD PAIK. J.ANE1"L ABlIBAlCAR OR TIIEIRSUCCBSSORS INTRUST,AS CO~TRUSTEES OFlHENlNAE. PALK RBSIDENCETRUST AS TO PARCELA, AND FREDE GUSTAFSONANDDBBRA 0 GUSTAFSON, HUSBANDANDWlFEASlU PARCELB for and m eonsuieratJon of TENDOlLARSAND OTIIBRGOOD AND VALUABLE CONSIDBRATION CHICAGO 11TlE INS, CO@ REF# 1/ .)</,;JJ.J-/c m band paid, conveys and warrants to THERESERVBATSl'ONEHAVEN, LLC,A WASHINGTONUMJTED UABJUI'Y COMPANY the followmg descnbcd real estate situated lD the COlmly of KING Tax Account Number(s) 322305-9022 & -9096 PARCEL A State ofWashmgton THE NORTH HALF OF THB NORTHWEST QUARTBR OF THE NORTHWEST QUARTER OF THE SOl1I'HWBST QUARTER OF SECTION 32 I TOWNSHIP 23 NORTH, RANGE S EAST, WILLAMBTTS-MERIDlAN, IN KING COUNTY, WASHINGTON, EXCEPT THE BAST 20 FBBT THEREOF CONVEYED TO KING COONTY FOR ROAD PURPOSES BY DRBD RECORDED UNDER RECORDING NUMBER 1461384., ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 1990812001273. (1 PARCEL B; TH8 NORTH 72 PEET OF 'tHE SOUTH HALF OP THE NORTHWEST QUARTBR OF THB NORTHWEST QtmRTBR OF "mE SOUTHWEST QUARTBR OF SECTION 32, TOWNSHIP' 23 SEE ATTACHBO DESCRIPTION Ttl: NINA E FALK RESIDENCE TRUST ~~ I~~ J'iM?r UBlJIlAKAIl: CO-TRUSTEE DEBRA 0 GUSTAFSON .... """" ... Escrow No· 1134252 CHICAGO TITLE INSURANCE COMPANY EXHmlTA Tille No: 1134252 NORTH, RANGE 5 BAST, WILLAMETTB MERIDIAN, IN KrNG COUNTY, WASHINGTON, EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 1461384 SUBJECT TO EXHIBIT itA" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF STATE OF WASHINGTON ss COUNTY OP KING I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT CARL D FALK, AND JANBT L. ABUBAKAR IS THE PERSON WHO APPEARED BEFORE ME, AND SAID PERSON ACKNOWLEDGED THAT THEY SIGNED THIS INSTRUMENT, ON OATH STATED THAT THEY WERE AUTHORIZBD TO EXECUTE THE INSTRUMENT AND ACKNOWLEDGED IT AS CO-TRUSTEBS OF NINA B. FALK RESIDENCE TRUST TO BE THE FREE AND DATED ~Ult'-u...e..... NOTARY SIGNATURE PRINTED NAME: I ~.J,. STATE OF WASHINGTON COUNTY OF KING IN THE ss ON THIS I~.,." DAY OF AUGUST 2004 BEFORB ME, THE UNDBRSIGNED. A NOTARY PUBLIC IN .AND FOR THE STATE OF WASHINGTON, DULY CCMoIISSIONED AND SWORN, PERSONALLY APPEARED FRED E. GUSTAFSON AND DEBRA O. GUSTAFSON KNOWN TO ME TO BE THE INDIVIDUAL (S) DBSCRIBED IN AND WHO EXECUTED THE WITHIN INSTRUMENT AND ACKNOWLEDGED THAT THEY SIGNED AND SEALED THB; SAME AS THEIR FREE .AND VOLUNTARY ACT AND DBED, FOR THB USBS AND PURPOSBS HERBIN M~ONBD. NarARY SIGNATURE CHICAGO TITLE INSURANCE COMPANY EXHIBIT A Escrow No. 1134252 EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED: FRCl4: RBCORDED: RECORDING NUMBER: PACIFIC COAST COAL COMPANY OCTOBER 11, 1943 3340970 AS FOLLOWS: ALL COAL AND MINERAL RIGHTS OF EVERY NA'rnRB WHATSOEVER IN SAID LANDS, AND THE RIGHT TO DIG, MINE, EXCAVATE, CARRY AWAY, SELL, AND DISPOSE OF SUCH MINERALS AS MAY BE POUND TRERD!N, WITHOUT LIABILITY FOR ANY LOSS OR DAMAGES DOB TO SUBSIDENCE OF THE SOIL OR ARISING IN ANY MANNER OUT OF MINING OPBRATIONS THAT HAVE BEEN OR MAY HERBAPTBR BE CARRIED ON IN SAID LAND, WHETHBR SAID SUBSIDENCE BE CAUSED BY NEGLIGENTLY CARRYING ON SAID MINING OPERATIONS OR O'rHERWISB IT IS THE INTENTION OF THIS DEED TO CONVgy TRR SURFACE ONLY OF SAID LAND AFFECTS ~ PARCEL B. AGREEMENT .AND THE TERMS AND CONDITIONS THEREOF: BE'I1mEN: AND, RECORDBD- RECORDING NUMBBR. REGARDING. SOOS CREEK WATER AND SEWER DISTRICT TALBOT DEVELOPMENT PARTNERS, Ltc JULy 31, 2001 20010731000733 DINBLOPER EXTENSION REIMBURSEMENT AGREEMEN'l' APFBCTS· PARCEL A. AND OTHER PROPERTY. WHEN RECORDED RETURN TO: City Clerks Office City of Renton 10S5 s. Grady Way Renton, WA 98055 Document TItle: Declaration of Covenants, Conditions and Restrictions of The Reserve at Stonehaven GrllDtor: The Reserve at Stonehaven, LLC Grantee: Plat of1be Reserve at Stonehaven Legal Description: Abbreviated Legal Description: NW1I4, NW1I4, SEC. 32, TWP. 23N, RGE. 5E., WM. Full Legal Description: See Exhibit A attached. Assessor's Tax Parcel Nos.: 322305-9096-06 & 322305-9022-05 Reference Nos. of Documents Released or Assigned: N/A Y:ILAND ACQUISITIONIPRELIMED·SITES\STONEHA VEN\FINAL PLA1\RSJlOA..CCRS.DOC DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THE RESERVE AT STONEHA VEN KING COUNTY, WASHINGTON TABLE OF CONTENTS Page DESCRIPTION OF THE LAND ............................................................................................ 1 ARTICLE 1: INTERPRETATION ....................................................................................... 1 1.1 Libernl Construstion ................................................................................................ 1 1.2 Covenant Running with Land ................................................................................. 1 1.3 ¥atant is Original Owner .................................................................................... 2 1.4 Captions ..................................................................................................................... 2 1.5 Definitions .................................................................................................................. 2 1.6 Percentage of Mortgagees ........................................................................................ 3 1.7 Percentage ofOWDers .............................................................................................. .4 ARTICLE 2: OWNERSHIP OF COMMON AREA .................................................. ~ ......... 4 2.1 Ownership of Common Area .................................................................................... 4 ARTICLE 3: OWNER'S PROPERTY R1GIffS ................................................................... 4 3.1 Owner's Rights of Enjoyment ................................................................................. .4 3.2 Delegation of Use ....................................................................................................... 5 ARTICLE 4: OWNERS' ASSOCIATION ................ , ........................................................... 5 4.1 Establishment ............................................................................................................. 5 4.2 Form of Association ................................................................................................... 5 4.3 Membership ............................................................................................................... 6 4.3.1 Qualifieation. ...................................................................................................... ~ ... 6 4.3.2 Transfer of Membership ....................................................................................... 6 4.4 Voting ......................................................................................................................... 6 4.5 ................................................................................................ 6 ARTICLES: 7 5.1 AdmiBistration of the Development ........................................................................ 7 5.2 Management by Peclarant ....................................................................................... 7 5.3 Mgnagement by Elected Board ofDireetors .......................................................... 7 5.4 Anthority and Duties of the Board ......... : ................................................................ 7 5.4.1 Assessments ....................................................................................................... 7 5.4.2 Service ................................................................................................................ 8 5.4.3 Utilities ............................................................................................................... 8 5.4.4 Insurance ........................................................................................................... 8 5.4.5 Maintenance !!lid Repair of Common Areas .................................................. 8 5.4.6 Maintenance of Rights of Way, etc .................................................................. 8 Y;ILAND ACQUlSmONIPREUMED SITESISTONEHAVENIFINAL PLA1IRS .. HOA...,CCRS.OOC 5.4.7 Fences, Landscaping, etc .................................................................................. 8 5.4.8 Enforce Declaration .......................................................................................... 8 5.4.9 Contracting and Payment for Materials, Services, etc .................................. 9 5.4.10 Attomey-in-Fact ................................................................................................ 9 5.4.11 Borrowing of Funds .......................................................................................... 9 5.4.12 Adoption of Rules and Regulations; Fines ..................................................... 9 5.4.13 Additional Powers of Association .................................................................... 9 ARTICLE 6: ARCHITECTURAL CONTROL ................................................................... 9 6.1 Construction and Exterior Alteration or Repair ................................................... 9 6.2 Sales Facilities of Declarant ................................................................................... 11 6.3 Variances ................................................................................................................. 11 6.4 Appeals ..................................................................................................................... 12 ARTICLE 7: USE AND MAINTENANCE OBLIGATION OF OWNERS .................... 12 7.1 Maintenance of Lots ............................................................................................... 12 7.2 Residential Use ........................................................................................................ 12 7.3 Restriction on Further Subdivision ....................................................................... 12 7.4 Rental Lots ............................................................................................................... 12 7.5 Zoning Regulations ....................................................................................... : ......... 13 7.6 Business Use ............................................................................................................. 13 7.7 Building Setback Requirements ............................................................................ 13 7.8 Oil and Mining Operations .................................................................................... 13 7.9 Catch Basin .............................................................................................................. 13 7.10 Lot Size ..................................................................................................................... 14 7.11 Garages .................................................................................................................... 14 7.12 Square Footage ........................................................................................................ 14 7.13 Mobile or Manufactured Housiug ......................................................................... 14 7.14 Driveway Standards ............................................................................................... 14 7.15 Parking ..................................................................................................................... 14 7.16 Roof .......................................................................................................................... 14 7.17 Exterior Finish ........................................................................................................ 15 7.18 Utilities ..................................................................................................................... 15 7.19 Antenna .................................................................................................................... 15 7.20 Fencing .................................................... : .................................................... , ........... 15 7.21 Fireplace Chimneys ................................................................................................ 15 7.22 Garbage and Refuse ................................................................................................ 15 7.23 Games and Play Structures .................................................................. : ................. 16 7.24 Construction of Significant Recreation Faeilities ................................................ 16 7.25 Livestock and Pouitrv ............................................................................................. 16 7.26 Landscapiug ............................................................................................................ 16 7.27 ~ ......................................................................................................................... 16 7.28 Temporary Structures ............................................................................................ 16 7.29 Completion of Construction ................................................................................... 17 7.30 Easements ................................................................................................................ 17 7.3l Use During Construction .................................. ; ..................................................... 17 Y:IU.ND ACQUlsmONIPRELlMED SITES\STONEHA VEN\FJNAL PLATIRS .. IIOA..,CCRSDOC 7.32 Excavations .............................................................................................................. 17 7.33 Nuisances ...............................................................................................•.•............... 17 7.34 Clothes Lines, Other Strnctnres ............................................................................ 17 7.3 5 Common Drives .•............................................... '" ................................................... 17 7.36 Building Height ....................................................................................................... 17 7.37 Storm Runoff ............................ , .............................................................................. 18 ARTICLE 8: COMMON EXPENSES AND ASSESSMENTS ......................................... 18 8.1 Creation of the lien and Personal Obligation of Assessments .............................. 18 8.2 Uniform Rate ........................................................................................................... 18 8.3 Initial Assessment Amount ...................................................................................... 18 8.4 Limitation onAnnuai Assessment Amount ....................................................•..•.•.. 18 8.4.1 Board Authority ................................................................................................... 19 8.4.2 Annual Increase in Dollar Limit ..............•..•••..•.............................................•.••. 19 8.4.3 Owner Approval Reguired .................................................................................. 19 8.5 Manner and Tune of Payment ................................................................................ 19 8.6 Accounts ................................................................................................................... 19 8.7 11m ........................................................................................................................... 19 8.8 Waiver of Homestead .......................................••.•. ; ...•............................................. 20 8.9 Continuing Liability for Assessments ..................................................................... 20 8.10 Reeords, Finaneial Statements ................................................................................ 20 8.11 Certificate of Assessment ......................................................................................... 20 8.12 Foreclosure of Assessment lien, Attorneys' Fees and Costs ................................. 20 8.13 Curing of Default ..................................................................................................... 21 8.14 Omission of Assessment ......................•...................................................................• 21 8.15 Assessment Deposit .................................................................................................. 21 8.16 Exempt Property ...................................................................................................... 21 8.17 Effect of Legal Proceedings ..................................................................................... 22 ARTICLE 9: COMPLIANCE WITH DECLARATION ..................................................... 22 9.1 EDforcemllpt ................................................................................................. , ........... 22 9.1.1 CompJianceofOwner .......................................................................................... 22 9.1.2 CompHance of Lessee ........................................................................................... 22 9.1.3 Attorneys' Fees ........................................... ~ ......................................................... 22 9.2 No Waiver ofStriet Performance ........................................................................... 22 9.3 Right of Entry .......................................................................................................... 23 9.4 Remedies CmnuJatjye .............................................................................................. 23 ARTICLE 10: LIMITATION OF LIABILITY .................................................................... 23 10.1 No Personal Liability ............................................... : ............................................... 23 10.2 IndemnHication of Board Members ........................................................... ; ........... 23 ARTICLE 11: MORTGAGEE PROTECTION .................................................................. 24 11.1 Priority of Mortgagee ...................................................................................... : ....... 24 11.2 Effect of Declaration Amendments .............................................................. : .......... 24 113 Right of Lien Holder ................................................................................................ 24 11.4 Change in Manner of Architectural Review and Maintenance Within Project ... 24 11.5 Copies of Notices ...................................................................................................... 24 Y:IlAND ACQUISITIONlPRELlMED SITES\STONEHA VEN\FINAL PLAl\RSJjOA..,CCRS.DOC 11.6 FumishiDg of Documents ........................................................................................ 25 ARTICLE 12: EASEMENTS ................................................................................................ 25 12.1 Association Functions .............................................................................................. 25 122 Easements Over Common Areas .....................................................••..................... 25 12.3 Access to PubHc Streets .......................................................................................•... 25 12.4 Utility Easements ..................................................................................................... 25 12.5 Storm Drainage and Maintenance Easements ....................................................... 25 ARTICLE 13: TERM OF DECLARATION ..........••.....•..................................................... 26 13.1 Duration of Covenants ............................................................................................. 26 13.2 Abandonment of Subdivision Status ....................................................................... 26 ARTICLE 14: AMENDMENT OF DECLARATION. PLAT MAP ................................... 26 14.1 Declaration Amendment ......................................................................................... 26 142 Plat Map ................................................................................................................... 27 14.3 Amendmmts to Conform to Construction ............................................................. 27 14.4 Amendments to Conform to Lending Institution GuideHnes ................................ 27 14.5 Article 16 Amendments ........................................................................................... 27 ARTICLE 15: INSURANCE ................................................................................................. 27 15.1 Insorance .................................................................................................................. 27 ARTICLE 16: ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES ......................................................................................................................... 28 16.1 Annexation and Withdrawal by Declarnnt ............................................................ 28 16.2 Non-Declarant Annexations .................................................................................... 29 16.3 Common Areas Wrthin Additional Lands .............................................................. 29 ARTICLE 17: MISCELLANEOUS ...................................................................................... 29 17.1 Notices ...................................................................................................................... 29 17.2 Conveyances, Notice Reguired ................................................................................ 29 17.3 Successor and A ............................................................................................... 30 17.4 Joint and Several Liability ...................................................................................... 30 17.5 MOr!Jr!l1>ee's Aeceptance .......................................................................................... 30 17.5.1 Priority of Mortgage ........................................................................................ 30 17.5.2 Acceptance Upon FirstConvevanu ............................................................... 30 17.6 Sevcrabillty ............................................................................................................... 30 17.7 Effective Datc ........................................................................................................... 30 17.8 Government Right of Access .................................................................................. .30 EXHIBIT A -Legal Description of the Project EXHIBIT B -Common Fence Design Standards Y:1lAND ACQUlSITION\PRELIMED SlTES\SIONEHA VENlFlNAL PLA1\RSJIOA...CCRS.DOC DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF THERESERVEATSTONEHAVEN KING COUNTY, WASIDNGTON TIIIS DECLARATION is made this _2_ day of _March~ 2006, by the undersigned, hereinafter collectively referred to as "Declarant." DESCRIPTION OF THE LAND A. Declarant owns certain real property located within the State of Washington, which property and improvements are commonly known as The Reserve at Stonehaven, located in King County, Washington, and legally described in attached Exhibit A (the "Project"). All Common Areas of the Project are shown on the Plat Maps recorded in conjunction with this Declaration. B. For the benefit and protection of the Project, to enhance its value and attractiveness, and as an inducement to lenders and investors to make and purchase loans secured by Lots within the Project, Declarant agrees to provide herein for a method of use and architectural control within the Project. NOW, THEREFORE, Declarant hereby declares that the Lots described herein shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the following uniform covenants, conditions, restrictions, reservations, grants of easement, rights, rights-of-way,liens, charges and equitable servitndes. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and hereby is deemed to incorporate by reference all provisions of this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot Owner, the Association, and any first mortgagee of any Lot. ARTICLE 1: INTERPRETATION 1.1 Liberal Construction. The provisions of this Declaration shall be liberaI1y construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project. 12 Covenant Runnmg with Land. It is intended that this Declaration shall be operative as a set of covenants running with the land, or equitable servitudes, as applicable, binding on Declarant, its successors and assigns, all subsequent Owners of the Project or any Y:\LAND ACQUlSmON\PRELlMED SJTESISTONEHA VEN\FlNAL PLA'NlSJlOA...CCRS.DOC Lots, together with their grantees, successors, heirs, executors, administrators, devisees or assigns. 1.3 Declarant is Original Owner. Declarant is the original Owner of all Lots and Project and will continue to be deemed the Owner thereof except as conveyances or documents changing such ownership regarding specifically described Lots or portions of the Project are filed of record by Declarant. 1.4 Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modifY or affect the meaning of any of the substantive provisions hereof. 1.5 Defmitions. 1.5.1 "ACe" shall mean the Architectural Control Committee provided for in Article 6. 1.5.2 "Association" shall mean the Owners' AssOciation provided for in Article 4 and its successors and assigns. 1.5.3 "Board" shall mean the Board of Directors of the Association provided for in Article 5. 1.5.4 "Bylaws" shall mean the duly adopted bylaws of the Association. 1.5.5 "Common Area" shall mean all real property (including the improvements thereto) owned by the Association fur the common use and enjoyment of the Owners and shall include (unless/until dedicated to a governmental entity): all Common Areas described on the Plat Map including but not limited to Tracts A, B, C, D,E, G, I, J, K, L, Q, R, U and V; Project entry sign(s) and landscaping; planter islands on roads or cu1-de- sacs; and mailbox stands serving more than one Lot. 1.5.6 "Declarant" shall mean the undersigned (being the sole Owner of the real property described in Exhibit A hereof), and its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development and by written instrument in recordable form be specifically assigned the rights and duties ofDeclsrant. 1.5.7 "Declarant Control Period" shall mean the period of time from the date of recording of this Declaration Wltil one (1) year after the date upon which all of the Lots and any other portion of the Project (excluding Common Areas) that are subject to this Declaration have been sold, or any earlier period as may be agreed to by Declarant. A partial delegation of authority by Declarant of any of its management duties described in the Declaration shall not terminate the Declarant Control Period .. Y:ILAND ACQUlSmONIPRELlMED SITES\STI)NEHA VEN\FINAL PLA'N!SJlOA.,CCRS.DOC 1.5.8 "Declaration" shall mean this declaration and any amendments thereto. 1.5.9 "Home" shall mean and refer to any structnre, or portion of a structnre, located on a Lot, which structure is designed and intended for use and occupancy as a residence by a single family or which is intended for use in connection with such residence. 1.5.10 "Lot" shaH mean and refer to any plot ofland shown upon any recorded Plat Map of the Project excluding Common Areas, provided the "Lot" shaH not include any land now or hereafter owned by the Association or by all of the Lot Owners as tenants in common, nor include any land shown on a Plat Map but dedicated to the public or to a governmental entity. 1.5.11 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. . 1.5.12 "Mortgagee" shall mean the beneficial holder, or the designee of the beneficial holder, of an encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor, or the designee of a vendor, of a real estate contract for the sale of a Lot. 1.5.13 "Owner" shall mean and refer to the record Owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Project, and, except as may be otherwise expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee's interest under such real estate contract, to the exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for the performance of an obligation shall not be considered an Owner. 1.5.14 "Person" shall include natural persons, partnerships, limited liability companies, corporations, associations and personal representatives. 1.5.15 "Project" shall mean the real estate described in Exhibit A and all improvements and structures thereon, including such additions thereto as may hereafter be broughtwithin the jurisdiction of the Association. 1.5.1 6 "Plat Map" shall mean the Plat Map(s) approved by the appropriate governmental entity and recorded in conjunction with or subsequent to this Declaration, which Plat Maps depict the layout of the Lots on the Project. 1.6 Percentage of Mortgagees. For purposes of determining the percentage of first Mortgagees approving a proposed decision or course of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot. Y,ILAND ACQUISmONIPREUMEDSITES'STONEHAVENlFINAL PLArutSJIOA...CCRS.DOC , 1.7 Percentage of Owners. For purposes of detennining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. ARTICLE 2: OWNERSHIP OF COMMON AREA 2.1 Ownership of Common Area. The Common Areas, if any, within any Additional Lands (as defined in Articlc 16) will be deemed to be conveyed to the Association upon the recording of an amendment to this Declaration incorporating such Additional Lands within the Project and will be depicted on the Plat Map recorded in conjunction with such amendment. The Common Area shall exclude those portions of common areas (and improvements thereto) which have been or may hereafter be, dedicated to and owned by the public or a governmental entity. The Common Area shall for all purposes be under the control, management and administration of the Declarant during the Declarant Control Period, and under the control, management and administration of the Association thereafter. The Association (and the Owners who are members thereof) have the responsibility and obligation to maintain, repair and administer the Common Area in a clean, attractive, sanitary and safe condition and in full compliance with applicable, governmental laws, rules and regulations and the provisions of this Declaration. Provided that the developer, rather than the homeowner's association, is to be responsible for the initial minimmn 5 years of successful wetland maintenance and mitigation monitoring pursuant to the approved wetland mitigation plan. The transfer of responsibility to the Homeowners Association shall not occur until the City of Renton releases the developer in writing from further maintenance and monitoring upon the completion of a minimmn of 5 years successful consecutive years of the wetland monitoring consistent with the approved wetland monitoring and maintenance plan. ARTICLE 3: OWNER'S PROPERTY RIGIITS 3.1 Owner's Rights of Enjoyment. Every Owner shall have a non-e:xclusive right and easement, in common with all Owners, of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: 3.1.1 The right of the Association to limit access to those portions of the Common Areas, which in the opinion of the Board are dangerons. 3.1.2 The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon any Common Area 3.1.3 The right of the Association to suspend the voting rights and right to use of the Common Areas by an Owner: for any period during which any assessment against such Owner's Lot remains Wlpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and regulations. Y:ILAND ACQUISITIONIPREUMED SITESISTONEHA VENIFINAL PLA1\RS_HOA....CCRS.lXJC 3.1.4 Upon agency approval the rights of the Association to dedicate or transfer all or any part of the Common Area, including easements across said properties, to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members of the Association. Provided that no easements may be granted over the wetland Tract A or the drainage Tract B with out prior written City of Renton Approval. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (213) of the Owners has been recorded and the provisions of Article 12 hereof have been observed; provided, only a majority of Owners will be necessary to approve dedicating a storm retention pond or similar facility, if any, to a governmental entity which shall agree to maintain such ponds or facilities. 3.1.5 The right of the Association to limit the number of gnests of members. 3.1.6 The right of the Association, in accordance with this Declaration and its Articles of Incorporation and Bylaws, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage said property, but the rights of such Mortgagee in said property shall be subordinate to the rights of the Owners hereunder and subject to the provisions of Section 11.5. 3.1.7 The right of the Association to take such steps as are reasonably necessary to protect any property mortgaged in accordance with Section 3.1.6 against foreclosure, . including, but not limited to, the right to charge admission and other fees as a condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment of such properties to the public. 3.1.8 During the Declarant Control Period, the exercise of all of the rights and powers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.6 shall require the prior . written approval of Declarant. 3.2 DelegatioD of Use. Any Owner may delegate (in accordance with the Bylaws), hislher right of enjoyment to the Common Area and facilities to the members of hislher family, or hislher tenants or contract purchasers who reside on the Owner's Lot and (subject to regnlation by the Association) to hislher temporary guests. ARTICLE 4: OWNERS' ASSOCIATION 4.1 Establishment There is hereby created an association to be called TIm RESERVE AT STONEHA VEN HOMEOWNERS' ASSOCIATION (lefeneJ to hereinafter as the • Association"). 4.2 Form of AssociatioD. The Association shall be a nonprofit corporation fonned and operated pursuant to Title 24 and Chapter 6438, Revised Code of Washington. In the event of any conflict between this Declaration and the Articles of Incorporation or Bylaws for such nonprofit corporation, the provisions of this Declaration shall prevail. Y:\lJ\ND ACQUISITIONIPRELIMED STlES'SroNEHA VEN\FJNALPLA 'N!SJIOA...CCRS.IlOC 4.3 Membership. 4.3.1 Qualification. Each Owner of a Lot in the Project (including Declarant) shall be a member of the Association and shall be entitled to one membership for each Lot so owned. Ownership of a Lot shall be the sole qualification formembership in the Association. 4.32 Transfer of Membership. The Association membership of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer of title to said Lot and then only to the transferee of title to such Lot. Any attempt to make a prohibited transfer of membership shall be void. Any transfer of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. 4.4 voting. The total voting power of all Owners shall equal the number of Lots at any given time and the total number of votes available to Owners of any one Lot shall be one (1) vote. 4.5 Bylaws of Association. Bylaws for the administration of the Association and the Project and to further the intent of this Declaration, may be adopted or amended by the Owners at a regular or special meeting; provided, that the initial Bylaws shall be adopted by Declarant, and during the Declarant Control Period, Declarant shall have the sole right to amend the Bylaws. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail. 4.6 Declarant Control Period. During the Declarant Control Period, the Association and the ACC(as defined in Section 6.1 below), together with all Common Areas administered by the Association shall, for all pmposes, be under the management and administration of Declarant or its assignees. During the Declarant Control Period, Declarant shall appoint the directors of the Association as provided in the Bylaws. Declarant may appoint any persons Declarant chooses as directors. At the Declarant's sole discretion, Declilmnt may appoint members of the Association to such committees or positions in the Association, including the ACe, as Declarant deems appropriate, to serve at Declarant's discretion, and Declarant may assign such responsibilities, privileges and duties to the members as Declarant determines, or for such time as Declarant determines. Members appointed by Declarant during the Declarant Control Period may be dismissed at Declarant's discretion. Declarant's control of the Association during the Declarant Control Period is established in order to insure that the Project and the Association will be adequately administered in the initial phases of development and to insure an orderly transition of Association operations. Except for initial wetland mitigation maintenance monitoring as provided in Article 2.1, from and after the end of the Declarant Control Period, the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's articles, bylaws, rules and regulations and this Declaration, together with other duties that may be assigned to the Association in any easement or in the plat of The Reserve at Stonehaven. From and after the end Y:ILAND ACQUISmONIPREUMED SlTES'STONEHA VENIFINAL PLA TlRSJIOA-CCRS.OOC .. of the Declarant Control Period, the Association shall also have the authority and obligation to manage and administer the activities of the ACC and its responsibilities. ARTICLE 5: MANAGEMENT OF THE ASSOCIATION 5.1 Administration of the Development. The Owners covenant and agree that the administration of the Project shall be in accordance with the provisions of this Declaration and the Bylaws of the Association. 5.2 Management by Declarant. The Project shall be managed on behalf of lhe Association by the Declarant during the Declarant Control Period. Declarant may terminate the Declarant Control Period as to all or a part of the Project by giving at least thirty (30) days' prior written notice of Declarant's election to permanently relinquish all of its authority under this Section 5.2 by written notice to all Owners. So long as Declarant is managing the Project, Declarant or a managing agent selected by Declarant shall have the exclusive power and authority to exercise all lhe rights, duties and functions of the Board and the Association set forth or necessarily implied in this Declaration; provided, however, that the Association may not be bound directly or indirectl y to any contracts or leases without the right of termination exercisable without cause and without penalty at any time after transfer of control to the Board elected pursuant to Section 5.3, upon not more than ninety (90) days notice to the olher party to the contract. 5.3 Management by Elected Board of Directors. At the expiration of Declarant Control Period, the Association shall hold an election to elect lhe Board of Directors. Power and authority shall vest in the Board of Directors elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall be sufficient to adequately handle lhe affairs of the Association. The Board may delegate all or any portion of its management duties to a managing agent or officer of the Association as provided for in the Bylaws. All Board offices shall be open for election at an organizational meeting. The Board shall elect from among its members a president who shall preside over meetings of lhe Board and lhe meetings of lhe Association. 5.4 Authoritv and Duties of the Board. On behalf of and acting for the Association, lhe Board (or lhe Declarant or Declarant's managing agent as provided in Section 5.2 hereof), for lhebenefit of lhe Project and lhe Owners, shall have all powers and authority permitted to the Board under this Declaration and any applieable law, including but not limited to lhe following: 5.4.1 Assessments. Establish and collect regular assessments (and to the extent necessary and permitted hereunder, special assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair, improvement and replacement of lhose portions of lhe Common Area or facilities which must be maintained, repaired or replaced on a periodic basis, which reserve shall be funded by lhe above assessments. The Association may impose and collect charges for late payments of assessments Y:\lAND ACQUISITIONIPRELIMED SlTES\STONEHA VEN\FlNAL PLA1'.RSJlOA....CCRS.DOC 5.4.2 Service. Obtain the services of persons or finns as required to properly manage the affairs of the Project to the extent deemed advisable by the Board including legal and accounting services, property management services as well as such other personnel as the Board shall determine are necessary or proper for the operation of the Common Area, whether such personnel are employed directly by the Board or are furnished by the manager or management firm or agent 5.4.3Utillties. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other necessary utility service, including utility easements and street lighting, as required for the Common Area; and install, activate and operate street lights for roadways within the Project The Association shall payoff any sums owed for street light installation prior to conveying street lights and related landscape areas and roads to the City of Renton. 5.4.4 Insurance. Obtain and pay for policies of insurance or bonds providing Common Area casualty and liability coverage, and for fidelity of Association officers and other employees, the requirements of which are more fully set forth in Article IS. 5.4.5 Maintenance and Repair of Common Areas. Pay for the costs of painting, maintenance, repair and all landscaping and gardening work for all Common Area, and improvements located thereon, so as to keep the Project in a good, clean, attractive, sanitary and safe condition and in full compliance with applicable governmental laws, rules and regulations and the proviSions of this Declaration. The foregoing shall include: the cost of maintaining storm retention ponds or similar facilities, if any; the cost of maintaining, repairing and replacing mailbox stands that serve more than one (1) Lot; and such replacing and repairing of furnishings and equipment, if any, for the Common Area as the Board shall determine are necessary and proper. 5.4.6 Maintenance of Rights of Way, Etc. To the extent deemed advisable by the Board, pay fur the costs of maintaining and landscaping rights of way, traffic islands and medians, or other similar areas which are within or adjacent to the Project boundaries, and which are owned by or dedicated to a governments! entity, if said governmental entity fails to do SO; provided, the Lot Owner at the Owner's expense (rather than the Association) shall maintain and landscape such areas as are adjacent to such Owner's Lot. 5.4.7 Fences' Landscaping. Etc. To the extent deemed advisable by the Board, pay for the cost of constructing, maintaining, repairing and replacing: perimeter and interior fences, if any; and landscaping and improvements on easements, if any, which are located on or across Lots; provided, the Board at its option may require a Lot Owner at the Owner's expense to maintain, repair and replace such fences, landscaping and improvements as are alljacent to such Owner's Lot All such perimeter and interior fences shall be constructed, maintained, repaired and replaced in accordance with the Common Fence Design Standards contained in attsched Exhibit B. 5.4.8 Enforce Declaration. Enforce the applicable provisions of the Declaration for the management and control of the Project. Y;ILAND ACQUlsmONIPRELlMED SITES\$TONEHA VEN\F1NAL PLA1\RSJlOA...CCRS.DOC 5.4.9 Contracting and Payment for Materials. Services. Etc. Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, management or other services; provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners, the cost thereof shall be specially charged to the Owners of such Lots. 5.4.10 Attorney-in-Fact. Each Owner, by the mere act of becoming an Owner, shall irrevocably appoint the Association as hislher attorney-in-fact, with full power of substitution, to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Project, to deal with the Project upon damage or destruction, and to sc:;cure insurance proceeds. 5.4.11 Borrowing of Funds. In the discharge of its duties and the exercise of its powers as set forth herein, but subject to the limitations set forth herein, the Board may borrow funds on behalf of the Association. 5.4.12 Adoption of Rules and Regulations; Fines. When and to the extent deemed advisable by the Board, to adopt reasonable rules and regulations governing the maintenance and use of the Project and other matters of mutual concern to the Lot Owners, which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. The Board may impose and collect charges fur late payments of assessments and, after notice and an opportunity to be heard by the Board or by a representative designated by the Board in accordance with procedures as provided in the Bylaws or rules and regulations ·adopted by the Board, levy reasonable fines in accordance with a previously established schedule adopted by the Board and furnished to the Owners for violation of the Bylaws, rules and regulations of the Association. 5.4.13 Additional Powers of Association. In addition to the duties and powers of the Association as specified in this Declaration, but subject to the proviaions of this Declaration, the Association, acting through its Board, shall have the power to do all other things that it may deem reasonably necessary to carry out its duties and the purposes of this Declaration. ARTICLE 6: ARCHITECTURAL CONTROL 6.1 Construction and Exterior Alteration or Repair. 6.1.1 All buildings and structures (including, without limitation, concrete or masonry walls, rockeries, fences, sheds, swimming pools, if any, or other structures) to be constructed within the Project, and all exterior alterations and repairs (including, but not limited to, reroofing or repainting) of any buildings or structures on the Project and visible from any public street, Common Area or other Lot must be approved in writing by the Board, Y:\LAND ACQUISIT/ONIPREUMED SITESISTONEHA YEN\FJNAL PLA l1RSJlOA_CCRS.DOC or by an Architectural Control Committee ("ACC") composed of three (3) or more representatives appointed by the Board, at least two (2) of whom shall be Board memberS; provided that during the Declarant Control Period, Declarant at its option may exercise all of the rights and powers of the Board under Section 6.1 including without limitation the appointment of members of the ACC. References in this Article 6 to the ACC shall be deemed to include the ACC, the Board, or the Declarant, as circumstances may dictate. Complete plans and specifications, including colors, of all such proposed buildings, structures, and exterior alterations and repairs, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC, shall be submitted to the ACC along with a written request for approval signed hy the Owner. Any exterior modifications in accordance with plans and specifications developed by the Declarant and filed with the Board at the time of transfer (pursuant to Article 5.3) shall be deemed approved exterior modifications. 6.1.2 The ACC will review all requests for approval of construction, alteration or repair for quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on the Lots, and for location of the building with respect to topography, finish grade elevation and building setback restrictions. 6.1.3 In the event the ACC fails to approve, apProve with conditions, or disapprove the plans and specifications submitted by an Owner within thirty (30) days after submission of an application therefore, then the applicant may request in writing a response within an additional fourteen (14) days. In the event there remains no response, the application shall be deemed approved, provided, however, the plans and specifications must still comply with this Declaration in all aspects. 6.1.4 All plans and specifications for approval by the ACC must be submitted in duplicate, at least thirty (30) days prior to the proposed construction or exterior alteration or repair starling date. Construction, alteration or repair shall not be started until written approval thereof is given by the ACC. 6.1.5 The ACC may require that said plans or specifications be prepared by an architect or a competent house designer, approved by the ACC. One complete set of said plans and specifications shall in each case be delivered to and permanently retained by the ACC. All buildings or stroctures (including but not limited to garden sheds) shall be erected or constructed, and alI exterior alterations or repairs made, by a contractor, house builder or other person or entity approved by the ACC. The ACe shall have the right to refuse to approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible from a public street, Common Area or other Lot which is not suitable or desirable, in the ACC's reasonable opinion, aesthetic or otherwise. 6.1.6 In so passing upon such design, the ACC shall have the right to take into consideration the suitability of the proposed building or other structnre,and the material of which it is to be built, and the exterior color scheme, to the site upon which it is proposed Y:ILAND ACQUlSITION\PRELlMED SITESlSTONEHAVEN1FINALPLA1\RSJiOA...CCRS.DOC to be erected, the harmony thereof with the surroundings, and the effect or impainnent that said structure will have on the view or outlook of surrounding building sites, and any and all factors, which, in the ACC's opinion, could affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. 6.1.7 The ACC shall have the right to disapprove the design or installation of a swimming pool or any other recreational structure or equipment, in the ACC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or proposed installation, the ACC shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all of the properties located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collaps:ible, seasonal, or otherwise, shall be treated as a pennanent structure for the purposes of these covenants, and sha1l be subject to all the conditions, restrictions, and requirements as set forth herein for all buildings and structures. 6.1.8 The ACC shall have the right to require, at a Lot Owner's expense, the bimming or topping (or, if deemed necessary by the ACC, removal) of any tree, hedge or shrub on a Lot which the ACC determines is unreasonably blocking or interfering with the view or access to sunlight of another Lot. 6.1.9 The ACC shall have the right to specify precisely the size, color and style of mailboxes, and of the post or support on which such mailboxes are affixed, and their location within the Project, whether or not such mailbox stand is a Corornon Area. 6.1.1 0 Approval by the ACC is independent of, in addition to, and not to be construed as a representation as to compliance with, any requirements fur a permit, license or other approval by the City of Renton or other applicable govennnental or quasi-governmental entity. The Lot Owner is responsible for obtaining any such govennnental approvals. 6.1.11 Declarant (including any successor in interest to Declarant's status as Declarant) sha1l not be subject to the restrictions of this Section 6.1 as to any Lot owned by Declarant, either during or after the Declarant Control Period. 6.2 Sales f)"i!jties of Declarant. Notwithstanding any provision in this Declaration to the contrary, Declarant (and its agents, employees and contractors) sha1l be pennitted to maintain during the period of sale of Lots and/or Homes upon such portion of the Project as Declarant still owns and as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots and Homes, including but not limited to, a business office, storage area, signs, model units, sales office, construction office, and parking areas for all prospective tenants or purchasers ofDec1arant. 6.3 Variances. So long as Declarant owns any Lot, the Board may in its . reasonable discretion, upon written request of the Declarant, grant a variance from the requirements of Article 7; thereafter, the Board may, upon written request ofan Owner, grant Y:\IAND ACQUISmONIPREUMED SrrnslSTONEHA VENlFINAl. PLA1\RSJlOJ\...CCRS.llOC a variance from the requirements of Article 7 only in cases where, because of the physical characteristics of the Lots, strict enforcement would result in an unnecessary hardship. Beginning at such time that Declarant owns no Lot, the Board may only grant a variance from the provisions of Sections 7.11 through 7.17, 7.19 through 721, 7.23, 7.29, or 7.36. The Board's authority to grant such a variance shall not be delegated to the ACC. Prior to granting such a variance, the Board shall hold an open hearing at which other Owners may comment. At least fifteen (15) days prior to such hearing, the Board shall give written notice of the nature of the requested variance: to the Owner of each Lot immediately adjacent to the Lot for which the variance is requested; to other Owners that would reasonably be affected by the variance; and by requiring the Owner requesting the variance to post a notice on such Owner's Lot in a form reasonably satisfactory to the Board. 6.4 Appeals. Any aggrieved Owner may appeal a decision of the ACC to the Board by written notice within sixty (60) days after the ACC's written decision. The Board will review the ACC decision at the Board's next regularly scheduled meeting (but in any event not later than thirty (30) days after receipt of the notice of appeal). The Board shall give written notice to the appealing Owner of the time and place of such meeting at least five (5) days in advance. During the Declarant Control Period, !be Declarant shall perform the role of the Board described in this Section 6.4. ARTICLE 7: USE AND MAINTENANCE OBLIGATION OF OWNERS 1.1 Maintenance of Lots. Each Owner, at said Owner's sole cost and expense, shall promptly and continuously maintain, repair and restore said Owner's Lot (including the yard and landscaping) and Home and other improvements located thereon, and also such other areas as may be required pursuant to Sections 5.4.6 and 5.4.7, in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable governmental laws, rules and regulations and the provisions of this Declaration and the rnles and regulations of the Association. 12 Residential Use. Except as provided in Section 7.6, all Lots and improvements located thereon shall be used, improved and devoted exclusively to residential use. 7.3 Restriction on Further Subdivision. No Lot or portion of a Lot shall be divided and sold or resold, nor ownership changed or transferred wbereby the ownership of any portion of this Project shall be less than the area required for the use district in which located; provided, the foregoing shall not prohibit deeds of COllection, deeds to resolve boundary disputes and similar corrective instruments. Lots may be joined and joined Lots may subsequently be subdivided only into the Lots originally joined. 7.4 Rental Lots. 7.4.1 With respect to the leasing, renting, or creating of any kind of tenancy of a Lot and improvements thereon by its Owners, such Owner shall be prohibited from Y:ILAND ACQUISmoNIPRELlMED SITES'STONEHA VENlFfNALPLA1\RS_HOA...CCRS.DOC leasing or renting less than the entire Lot or improvements thereon, or (with the exception of a lender in possession of a Lot and improvements thereon following a default in a first mortgage, a foreclosure proceeding or any deed of trust sale or other arrangement in lieu of a foreclosure) for a term of less than six (6) months; and all leasing or rental agreements shall be in writing, and shall be subject to the Declaration and Bylaws (with a default of the tenant in complying with the Declaration and Bylaws constituting a default under the lease or rental agreement). 7.4.2 If a Lot or Home is rented by its Owner, the Board on behalf of the Association may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Lot or Home as is required to pay any amounts due the Association hereunder, plus interest and costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the right to challenge payment over to the Board, and such payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the Association, but will not discharge the liability of the Owner or the Lot under this Declaration fur assessments and charges, or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed with respect to the Lot or its Owner, nor in derogation of any rights which a mortgagee of such Lot may have with respect to such rents. Other than as stated in this Article 7 there are no restrictions on the right of any Owner to lease or otherwise rent such Owner's Lot or Home. 7.5 Zoning Regulations. Zoning regulations, building regulations, environmental regulations and other similar governmental regulations applicable to the Project shall be observed. In the event of any conflict between any provision of such governmental regulations and the restrictions of this Declaration, the more restrictive provision shall apply. 7.6 Business Use. No business of any kind shall be conducted on any Lot with the exception of: (a) the business of Declarant in developing and selling all of the Lots; and (b) such home o<:eupation as may be permitted by the appropriate local government and which is not otherwise in violation of the provisions of this Declaration. 7.7 Building Setback Requirements. All buildings and other Lot improvements shall comply with all applicable governmental requirements, including without limitation minimum setback requirements. 7.8 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any Lot; nor shall oil wells, tsnks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other stmcture designed for Use in boring for oil or natural gas Shall be erected, maintained or permitted upon any Lot. 7.9 Catch Basin. The Owner of each Lot shall ensure the cleaning of all catch basins, if any, located on such Lot at least once prior to September 15 of each calendar year. Y:ILAND ACQUISmONIPREUMED SlTES\STONEHAVEN\FINAL PLA1\RS_HOA..CCRS.OOC .-., 7.10 Lot Size. No residential structure shall be erected or placed on any Lot which has a Lot area of less than that required by the government entity having appropriate jurisdiction over the Project. 7.11 Garages. Every Home must have a garage capable of holding at least two full- size cars, but no more than three full-size vehicles (any car, boat, recreational vehicle, etc. shall be deemed one car for purposes of this limitation). All vehicles must be stored in garages or in a manner which the Board reasonably determines is not offensive when viewed from the street or from the ground level of adjacent Lots or Common Areas. 7.12 Square Footage. Each single family residence must include a minimum of 1,400 square feet for single story Homes and 1,600 square feet for two-story Homes, excluding garage, porches and decks. 7.13 Mobile or Manufactured Housing. Custom designs by licensed architects shall be strongly encouraged and any use of repetitive design shall be strongly discouraged and/or prohibited at the discretion of the ACC. The ACC may refuse to approve a plan based on design or repetitive use of a plan, or for failure to meet the approved criteria as set forth. There shall be no mobile or manufactured housing. 7.14 Driveway Standards. All driveways shall be constructed of concrete with a minimwn of aggregate finish or other material approved by ACC. 7.15 Parking. Unless substantially screened from view from the street or from the ground level of adjacent Lots and Common Area in a manner reasonably approved by the ACC, no recreational vehicles, commercial vehicles, construction or like equipment, motorcycles, or trailers (utility, boat, camping, horse, or otherwise), shall be allowed to be parked or stored on any Lot or street for a cumulative period in excess of fourteen (14) days in anyone (1) calendar year. No motor vehicles of any kind shall be parked overnight on any street adjoining any Lot or Common Area; provided that, such vehicles belonging to guests of a Lot Owner may occasionally be so parked so long as such parking will not violate any other provision of this Section 7.15. No motor vehicle of any kind that is inoperative by reason of mechanical failure shall be paiked or stored on any Lot or in any right-of-way or street adjoining any Lot or Common Area for more than seventy-two (72) hours. The Board shall have full authority to determine, in its sole discretion. if any vehicle is obnoxious or undesirable to other Lot Owners and to enforce this covenant. Pmsuant to Article 9 of this Declaration, the Association may levy fines or have vehicles that are parked in violation of this Section towed and impounded at the Owner's expense. 7.16 !!2!![. The exterior of all roofs shall be composed of materials approved by ACC. All roofs must have a pitch of at least 4/12 (four on twelve), unless approved by the ACC based on considerations regarding a specific Lot. Under no circumstances are flat roofs allowed. Roof material shall be at least twenty-five (25) year architectural composition asphalt shingle, charcoal color or other color approved by the ACe, and by a manufacturer approved and accepted by ACC. Y:ILAND ACQUlSITIONlPRELIMED SlTES\STONEHA VEN\FINAL PLA nRSJiO"-OCRS.OOC 7.17 Exterior Finish. The exterior of each Home shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping of the Project. All exterior materials and all exterior colors must be approved by the ACC in accordance with the provisions of this Declaration. Exterior trim, fences, doors, railing. decks, eaves, gutters and the exterior finish of garages and other accessory buildings (including garden sheds) shall be desigued, built and maintained to be compatible with the exterior of the structnres they adjoin. Homes and other structures may be finished in vinyl siding if approved by the ACC. In no event shall T -111 panelized type siding be permitted on any Home or other structure. 7.18 Utilities. All utilities shall be installed underground. No fuel tank shall be maintained above ground unless properly screened in a manner acceptable to the ACC. All Lots shall be served by public water and sewer. No wells or septic systems shall be constructed or maintained on any Lot. 7.19 Antenna. No antenna, satellite dish or other similar type of exterior equipment shall be allowed on any Lot unless approved in writing by the ACC. As a condition of approval the ACC may require reasonable shielding of such antenna, satellite dish or equipment from view from the street and the ground level of adjacent Lots or Common Areas. In no event shall any satellite dish or similar antenna greater than one (1) meter in diameter be permitted. 7.20 Fencing. No fences or site-screening improvements shall be·erected without the prior written approval of the ACC. Fences may only be placed along the.rear property line, along the front building line, and from the front building line to the rear Lot line, cannot exceed six (6) feet in height above the ground, under no circumstances may obstruct view from any other Lot, must be constructed of wood or other material approved by the ACC, and shall be constructed, maintained, repaired and replaced in accordance with the Common Fence Design Standards contained in attached Exhibit B: provided that the foregoing height limitation shall not apply to site screening approved by the ACC pursuant to Section 7.15. Hedges or other solid screen planting may be used as Lot line barriers subject to the same height restrictions as fences. No chain-link fences shall be permitted on a Lot. No fence, wall or hedge shall be pemritted on a Lot any nearer to any street than a building is permitted under Section 7.7, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than three (3) feet above the finished grade at the back of said retaining wall. 7.21 Fireplace Chimneys. Fireplace chimneys must be constructed with material approved by the ACC and as otherwise required by this Declaration. 7.22 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from view from the street and from the ground level of adjacent Lots and Common Area. Such containers shall be returned to the screened location by the end of each scheduled pick-up day. All equipment for the storage or disposal of such materials Y:ILAND ACQliISmONIPRELlMED SITESISTONEHA VEN\FINAL PLATJtSJIOA.CCRS.DOC " .-. shall be kept in a clean and sanitary condition. No building material of any kind shall be placed or stored on any property within the Project until the Lot Owner is ready to commence construction, and then such materials shall be placed within the boundary lines of the Lot upon which its use is intended. Garbage cans may only be placed in public view on the day of garbage pick-up. All woodpiles and storage areas must be placed so that they do not obstruct or hamper any other Lot Owner's view and must be suitably screened from view from the street and from the ground level of adjacent Lots and Common Area. 7.23 Games and Play Structures. No deck, platform, dog house, playhouse or structure of a similar kind or nature shall be constructed on any part of a Lot located in front of the rear line -of the residence constructed thereon, and any such structure must have prior approval of the ACC. 7.24 Construction of Significant Recreation Facilities. The construction of any significant recreational fucilities on any Lot including, but not limited to, such items as swimming pools and tennis, badminton or pickle ball courts shall require the approval of the ACC and shall be subject to the requirements adopted by the ACC. 7.25 Livestock and Poultry. No animals or reptiles of any kind shall be kept on the Project, except that dogs, cats, and other indoor household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. No individual Lot Owner shall keep more than two (2) dogs. 726 Landscaping. All cleared areas between the front building line and the street shall be fully landscaped within thirty (30) days, depending on weather conditions, of the time when Home is ready for occupancy. Owner shall install or have installed fully landscaped rear and side yards within nine (9) months of occupancy onless a longer time is approved by the ACC. 727 Signs. No signs of any kind, nor for any uses, shall be erected, posted, painted or displayed on any Lot or Common Area whatsoever, except for public notices by political divisions of the State or County or as required by law. Any builder or the builder's agent may erect and display signs during the period the builder is building and selling property in the Project only with prior approval from ACC. Any Lot Owner or the Lot Owner's agent wishing to sell that Owner's Lot may place one (1) "For Salen sign on the Lot, provided such sign complies with any rules published by the ACC. 7.28 TelDPOrary Structures. No trailer, basement, tent, shack, garage, barn or other outbuildings or any structure of a temporary character erected or placed on the Project shall at any time be used as a residence, even temporarily. No building or structure shall be moved on to the Project from any land outside the Project. A trailer may be placed and occupied by the designated subdivision sales agent with the prior written approval of the Ace. A construction shack may be used by an Owner's construction contractor during the construction period. Y:ILAND ACQUlsmON\PREUMED STIES\STONEHAVEN\FlNAL PLA1\RS_HOA-CCRS.OOC 7.29 Completion of Construction. All construction shall begin within eighteen (18) months of the date of closing of the sale from the Declarant for each Lot. Any dwelling or structure erected or placed on any Lot shall be completed as to external appearance, including finish painting or staining, and shall be connected to sewers within eight (8) months from the date of commencement of construction, unless some longer period of time is approved in writing by theACC. 7.30 Easements. Easements for the installation and maintenance of utilities, drainage and irrigation facilities are reserved as shown on the Plat Map and as descnbed in Article 12. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation andlor maintenance of such utilities, or which may change the directions of flow of water through a drainage channel in the easement, or which may obstruct or retard the flow of water through drainage channels in the easement. Any easement or portion thereof located on any Lot and all improvements thereon shall be maintained continuously by the Lot Owner. 7.31 Use During Construction. Except with the approval of the ACC, no person shall reside in any structure on any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the ACC have been completed. Completion shall be considered receipt of a final inspection of the dwelling unit by the King County Building Department or other applicable government official. 7.32 Excavations. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation shall be made nor shall any dirt be removed from or added to any Lot. ExcePt with permission of ACe, no retaining wall of more than four feet (4) in height (exposed height) may be constructed on any Lot. 7.33 N.isances. No noxious or undesirable thing. or noxious or undesirable use shall be permitted or maintained upon any Lot or upon any other portion of the Project. If the Board determines that a thing or use is undesirable or noxious, that determination shall be conclusive. 7.34 Clothes Lines. Other Structures. No clothes lines or other structures of a similar nature shall be visible from any street or the ground level of any adjacent Lot or Common Area.. 7.35 Common Drives. Common drives, walks (if any) and paths (if any) shall be used exclusively for nonnal transit and no obstructions shall be placed thereon or therein except by express written consent of the Board. 7.36 Building Height. Except with the permission of the ACe, no building height shall exceed thirty five (35) feet, as measured from the lowest floor elevation of the house (either garage floor or living area floor) to the maximum point on the roof or as otherwise limited by the building code of the applicable jurisdiction or government entity. V:lLAND ACQUlSmoNIPRELlMED SITESISTONEHA VEN\FJNAL PLA'lIRSjlOA..CCRS.DOC 7.37 Storm Runoff. Each Lot Owner shall ensure that all roof down spout drains are properly cleaned and maintained, and that the tight line drainage lines or stonn infiltratiou system on each Lot are clean and free of any debris. Due diligence shall be exercised by each Lot Owner to prevent adverse impact of stonn runoff onto down stream Lots. ARTICLE 8: COMMON EXPENSES AND ASSESSMENTS 8.1 Creation of the Lien and Penonal Obligation of AssesSments. The Declarant, for each Lot owned within the Project, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association any assessment duly levied by the Association as provided herein. Such assessments, together with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to successors in title unless the lien for such delinquent assessments had been properly recorded prior to title transfer or unless expressly assumed by them. Provided, however, that in the case of a sale of any Lot which is charged with the payment of an assessment or assessments payable in installments, the person or entity who is the Owner immediately prior to the date of any such sale shan be personally liable only for the amount of the installments due prior to said date. The new Owner shall be personally liable for instalhnents which become due on and after said date. 8.2 Uniform Rate. Any assessments which may be levied from time to time pursuant to the authority of the Board as set forth in Section 5.4.1, shall be fixed at a uniform rate for each Lot, except for assessments levied against an Owner for the purpose of reimbursing the Association for costs incurred in bringing the Owner or hislher Home and/or Lot into compliance with the provisions of this Declaration. Declarant shall not be obligated to pay any assessment levied against any Lots owned by it. An assessment against a Lot shall be the joint and several personaI obligation of all Owners of that Lot. 83 Initial Assessment Amount. Upon the sale of each Lot by the Declarant (whether to a builder or otherwise), each Lot Owner, at the time ofhislher purchase of the Lot, shall pay an initial start-up assessment to the Association in the amount of $300.00. Such initial assessment shall be in addition to any annual assessment provided for in this Article 8 and shall be for the purpose of reimbursing the Declarant and/or Association for maintenance and operating expenses of and for the Connnon Areas during the initial development and house sales period, and for costs incurred by the Declarant and/or Association for the installation, activation and operation of street lights within the Project. Notwithstanding the provisions set forth above, the Declarant shall not be liable for any initial assessments assessed cir due so long as Declarant owns any Lot. 8.4 Limitation on Annual Assessment Amount. Y:ILAND ACQUlSITJONlPRELIMED SITES\STONEHA VENIFINAL PLA 1\RSJlOA..CCRS.DOC 8.4.1 Board Authority. At any time after the sale of the first Lot by the Declarant (whether to a builder or otherwise), the Board shall have the authority, without obtaining prior approval of the Owners, to levy assessments in a given calendar year totaling not more than $285.00 per Lot. Assessments included in the foregoing calculation shall not include any assessments which are levied against an Owner for reimbursing the Association for costs incurred in bringing the Owner or hislher Home andlor Lot into compliance with the provisions of this Declaration nor any initial assessments provided for in Section 8.3. Notwithstanding the provisions set forth above, the Declarant shall not be liable for any fees or assessments assessed or due so long as Declarant owns any Lot. 8.4.2 Annual Increase in Dollar Limit. The maximum dollar amount specified in Section 8.4.1 shall not be increased by more than fifteen percent (\5%) without the approval of a majority of the Lot Owners voting at a meeting duly called for such purpose. 8.4.3 Owner Approval Required. Any assessment to be levied in a given calendar year which would cause the total of all assessments for the year to exceed the sum per Lot permitted by Sections 8.4.1 and 8.4.2 shall require the calling of a meeting of the Association upon notice sent to all members not less than thirty (30) nor more than sixty (60) days in advance of the meeting, and the approval at such meeting of the levy of such assessment by a majority of the Lots represented at such meeting, provided a quorum is present as defined in the Bylaws. 8.5 Manner and Time of Payment. Assessments shall be payable by each Owner in such reasonable manner as the Board shall designate. Any assessment or instalhnent thereof which remains unpaid for at least fifteen (15) days after the due date thereof shall bear interest at an annual rate equal to the greater of twelve percent (12%) or:the Prime Rate plus three percent (3%), and the Board mayalso assess a late charge in an amount not exceeding twenty-five (25%) of any unpaid assessment which has been delinquent for more than fifteen (I S) days. "Prime Rate" means the prime business lending rate, determined and quoted from time to time by U.S. Bank, Seattle Main Branch (or its successor), as the same may be adjusted from time to time. If U.S. Bank ceases to quote a prime rate or a similar rate, the interest rate shall be based upon such similar prime business lending rate as is determined and quoted from time to time by the Wall Street Journal or, if the Wall Street Journal ceases to quote such rate, by a nationally recognized financial publication selected by the Board. If any such prime rate is determined and quoted as a range of rates, the simple average of the high and low rates of such range shall be used. 8.6 Accounts. Any assessments collected by the Association. shaI1 be deposited in one or more insured institutioual depository accounts established by the Board. The Board shaI1 have exclusive control of such accounts and shall maintain accurate records thereof; provided, however, that the Board may exercise such control through a property manager retained pursuant to Section 5.4.2. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized by this Declaration. 8.7 Lien. In the event any assessment or instalhnent thereof remains delinquent for more than thirty (30) days, the Board may, upon fifteen (I S) days prior written notice to the Owner of such Lot of the existence of the default, accelerate and demand immediate payment of Y:IlAND ACQUJSmONIPREUMED S!TESISTONEHA VENlFlNAL PLA1\RSJID~CCRS.DOC the entire assessment. The amount of any assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A claim of lien may be recorded in the office where real estate conveyances are recorded for the county in which this Project is located. Such claim of lien may be filed at any time at least fifteen (15) days following delivery of the notice of default referred to above. The lien fur payment of such assessments and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as provided in Section 11.1. Suit to recover a money judgment for unpaid assessments or charges shall be maintainable with or without foreclosure or waiver of the lien securing the same. 8.8 Walver of Homestead. Each Owner hereby waives, to the extent of any liens created pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assessment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof. 8.9 Continuing Liability for Assessments. No Owner may exempt himsel17herself from liability for hislher Assessments by abandonment ofhislher Lot. 8.1 0 Records, Financial Statements. The Board shall prepare or caUse to be prepared, for any calendar year in which the Association levies or collects any assessments, and shall distribute to all Owners, a balance sheet and an operating (income/expense) statement for the Association, which shall include a schedule of assessments received and receivable, identified by the number of the Lot and the name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association fimds shall be available for examination by any Owner at reasonably convenient hours. 8.11 CertifIcate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board, or an authorized agent thereof if neither the president nor treasurer is available, stating the indebtedness fur assessments and charges or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association as to the amount of such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good fimb. Such a certificate shall be finnished to any Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prolu'bited by law, any encmnbrancer holding a lien on a Lot may pay any unpaid assesaments or charges with respect to such Lot, and, upon such payment, shall have a lien on such Lot fur the amounts paid of the same rank as the lien ofhislher encumbrance. 8.12 Foreclosure of Assessment Lien. Attorneys' Fees and Costs. The Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien o:t: or collect, any assessment. lu any action to foreclose the lien ot; or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Association shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in preparation for or in the YolLANO ACQUISITIONIPREUMEO SITES'STONEHA VENIFINAL PLA 1\RS_HOA_CCRS,OOC prosecution of said action (including in any arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs permitted by law. 8.13 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a claim of lien has been filed and recorded in accordance with this Article upon timely payment or other satisfaction of all delinquent assessments set forth in the Notice, and all other assessments which have become due and payable following the date of such recordation with respect to the Lot as to which such claim of lien was recorded, together with all costs, late charges and interest which have accrued thereon. An additional administrative fee of twenty-five dollars ($25.00) covering the cost of preparation and recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by the claim of lien shall be executed by the president or treasurer of the Association or by any authorized representative of the Board. For the purposes of this paragraph, the term "costs" shall include costs and expenses actually incurred or expended by the Association in connection with the cost of prepaIation and recordation of the claim of lien and in efforts to collect the delinquent assessments secured by the lien and a reasonable sum for attorneys' fees. 8.14 Omission of Assessment. The omission by the Board or the Association to fix the estimate for assessments and charges hereunder for the next year before the expiration of any current year shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of the Owner from the obligation to pay the assessments and charges, or any installment thereof for that or any subsequent year. The assessment and charge fixed for the preceding year shall continue until a new assessment or charge is fixed. 8.15 Assessment Deposit. A Lot Owner may be required, by the Board or by the managing agent, from time to time, to make and maintain a deposit of not more than the total of: one (I) annual assessment; plus either one (I) special assessment if special assessments are payable on an annual basis, or"three (3) special assessment installments if special assessments are payable on a monthly or other periodic basis. Such deposit may be collected as are other assessments and charges. Such deposit shall be held in a separate fund, be credited to such Owner, and be for the purpose of establishing a working capital fund for the initial Project operations and a reserve for delinquent assessments. Resort may be had thereto at any time when such Owner is ten (1 0) days or more delinquent in paying hislher assessments and charges, to meet unforeseen expenditures, to acquire additional equipment or services deemed necessary or desirable by the Board, or as a credit against any annual or special assessments to become due from such Owner. Said deposits shall not be considered as advance payments of annual assessments. All or any portion of such deposit may at any time be refunded to the Owner by the Association in the discretion of the Board, such refund being made as a cash refund or a credit against assessments subsequently to become due or a combination thereof. 8.16 Exempt Property. The following property subject to this Declaration shall be exempt from the assessments created herein: 8.16.1 All properties dedicated to and accepted by a governmental entity; y,1LAND ACQUlSITIONIPREUMED SJTES\STONEHA VEN\FINAL PLA 1\RSJjOA_CCRS.DOC 8. J 6.2 All Common Areas; and 8.16.3 All properties owned by a charitable or nonprofit organization or an organization exempt from taxation by the laws of the State of Washington. However, the land or improvements, which are referred to in Sections 8.16.1,8.16.2 and 8.16.3 and which are devoted to dwelling use, shall not be exempt from said assessments. 8.17 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 9.1.1, and notwithstanding the assessment limitations provided for in this Declaration, the court having jurisdiction over such proceeding shall also have jurisdiction and power to cause assessments to be levied and collected on an equal per Lot basis in such amounts as is reasonably necessary to cause the Project to be properly administered in accordance with the provisions of this Declaration and the Bylaws, or to cause the provisions of this Declaration and the Bylaws to be properly applied and enforced. ARTICLE9:COMPLMNCE~DECLARATION 9.1 JgoforcemenL 9.1.1 CompUance of Owner. Each Owner, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the Association (as the same may be lawfully amended from time to time). Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief, or both, maintainable by the Board (acting through its officers on behalf of the Association and the Owners), or by the aggrieved Owner on his/her own against the party (including an Owner or the Association) failing to comply. In addition, the Association may impose and collect fines as provided in Section 5.4.12 of this Declaration 9.1.2 CompUance of Lessee. Each Owner who shall rent or lease bis/her Lot shall insure that the lease or rental agreement is in writing and subject to the terms of this Declaration, Articles of Incorporation, and Bylaws. Said agreement shall further provide that failure of any lessee to comply with the provisions of said documents shall be a default under the lease. 9.1.3 Attorneys' Fees. In any action to enforce the provisions of this Declaration, the Articles of InCorporation or the Bylaws, the prevailing party in such legal action shaII be entitled to an award for reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or prosecution of said action (including in any arbitration, on appeal, or in any bankruptcy proceeding), in addition to taxable costs permitted by law. 9.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or Declarant's managing agent, as applicable, in anyone or more instances to insist upon or enforce the strict performance of any of the terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a . Y:ILAND ACQlJISmoN1PRELIMED SITESISTONEHA VENIFINAL PLA1'.RS_HOA...CCRS.DOC waiver or a relinquishment for the future of such term, covenant, condition or restriction, but such tenn, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have been made WJJess expressed in writing and signed by the Board. 9.3 Right of Entry. Violation of any of the provisions hereof shall give to Declarant, its successors, or the Association, the right to enter upon the Lot as to which such violation exists and to abate, correct and remove, at the expense of the Owner thereof, any erection, thing or condition that may be or exists thereon contrary to the provisions hereof. Such entry shall be made only after three (3) days notice to said Owner and with as little inconvenience to the Owner as possible, and any damage caused thereby shall be repaired by the Association. Declarant, its successors, or the Association shall not be deemed guilty of any manner of trespass by such entry, abatement or removal. 9.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available WIder law although not expressed herein. ARTICLE 10; LIMITATION OF LIABILITY 10.1 No Personal Liability. So long as a Board member, Association conunittee member, Association officer, Association agent, or Declarant exercising the powers of the Board, has acted in good faith, without willful or intentional misconduct, upon the basis of such information as may be possessed by such person, no such person shall be personally liable to any Owner, or other party, including the AssOciation, fur any damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligenCe (except gross negligence), any discretionary decision, or failure to make a discretionary decision, by such person in such person's official capacity; PROVIDED, that this section shall not apply where the consequences of such act, omission, error or negligence are covered by insurance or bonds obtained by the Board pursuant to this Declaration. 10.2 Indenmifieation of Board Members. Each Board member or Association committee member, or Association officer, Association agent, or Declarant exercising the powers of the Board, and their respective heirs and successors, shall be indemnified by the Association against all expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which helshe may be a party, or in which he/she may become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct or gross negligence or a knowing violation of law in the performance of hislher duties, and except in such cases where such person has participated in a transaction from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interest of the Association. Nothing contained in this Section 10.2 shall, however, be deemed to obligate the Association to indemnifY any Owner of a Lot who is or has Y:ILAND ACQUISITIOMPREUMED SITES\STONEHAVENIFlNAL PLA 1\RS_HOA_CCRS.DOC been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incwred by him under and by virtue of the Declaration as an Owner of a Lot covered thereby and not as a Board member or officer of the Association. ARTICLE 11: MORTGAGEE PROTECrION ll.l Priority of Mortgagee. Notwithstanding all other provisions hereof: the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor of any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages which were made in good faith and for value upon the. Lot. Where the Mortgagee of a Lot, or other purchaser of a Lot, obtsins possession of a Lot as a result of Mortgage judicial or nonjudicial foreclosure or deed in lieu thereof; such possessor and its successors and assigns shall not be liable for the share of any assessment by the Association chargeable to such Lot which becomes due prior to such possession, but will be liable for any assessment acauing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be connnon expenses collectible from all of the Lot Owners including such possessor, its successor and assigns. 11.2 Effect of Declaration Amendments. No amendment to this Declaration shall be effective to modifY, change, limit or alter the rights expressly conferred upon Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless the amendment shall be consented to in writing by the holder of such Mortgage. Any provision of this Article concerning rights of Mortgagees that is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions. 11.3 Right of Lien Holder. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge of any bona fide Mortgage made in good fuith and for value on any Lots; provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. 11.4 Change in Manner of Architectnral Review and Maintenance Within Proiect. The Association shall not, without prior written approval of seventy-five percent (75%) of all first Mortgagees (based upon one (1) vote for each first Mortgage owned) and seventy-five percent (75"10) of all Owners (other than Declarant) of record by act or omission change, waive or abandon any scheme· of regulations, or enforcement thereof; pertaining to. the architectural design or the exterior appetIlance of Homes, the exteriormain1enance of Homes, maintenance of walkways, fences and driveways, or the upkeep of lawns and plantings in the development, including the provisions of Articles 4 and 5 hereof. 11.5 Copies of Notices. If the first Mortgagee of any Lot so requests the Association in writing, the Association shall give written notice to such first Mortgagee if an OwnerlMortgagor of a Lot has for more than sixty (60) days failed to meet any obligation under this Declaration. Y:\LAND ACQUISITIONIPREUMEO SlTES\STOWEHA VEN\FlNAL PLA'T\RSJlOA..CCRS,DOC 11.6 Furnishing of Documents. The Association shall make available to prospective purchasers, Mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. ARTICLE 12: EASEMENTS 12.1 Association Functions. There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association. 12.2 Easements Over Common Areas. Except as provided in Article 3.1.4, the Board, on behalf of the Association and all members thereof: shall have authority to grant (in accordance with applicable governmental laws and regulations) utility, road and similar easements, licenses and permits, under, through or over the Common Area, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project. 12.3 Access to Public Streets. Each Owner and his/her guests and invitees shall have a perpetual., non-exclusive easement across all roadways constructed within the Project, thereby providing access throughout the Project and to public streets. 12.4 Utility Easements. On each Lot, easements are reserved as provided by the Plat Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer, drainage, and accessory equipment, together with the right to enter upon the Lots at all times for said purposes. 12.5 Storm Drainage and MaintepMce Easements. A private perpetual, nonexclusive easement for storm drainage, grading, landscaping and maintenance is hereby granted and conveyed to the Lot Owners and the Association under and upon the exterior five (5) feet adjoining each side and rear boundary line of each Lot and Tract. If the boundary line of any Lot or Tract is altered, the easement shall relocate accordingly. The Association shall have the right of ingress and egress and the right to excavate, construct, operate, maintain, repair and/or rebuild: (i) an enclosed or open channel storm water conveyance system and/or other drainage futilities under, upon or through the drainage easement, provided that each Lot Owner shall have the explicit responsibility for maintaining the portion of the system located on the Owners Lot; and (ii) landscaping, including retaining walls and similar improvements, fencing, and any regrading that the Association deems reasonable to advance the safety, beautification or value of the Project, provided that each Lot Owner shall have the explicit responsibility for maintaining the portion of any such improvements located on the Owner's Lot. Y:IlAND ACQUlSITIONlPRELIMED SlTESISTONEHA VENlFINAL PLA1\RS.JIOA...CCRS.DOC ARTICLE 13: TERM OF DECLARATION 13.1 Duration of Covenants. The covenants contained herein shall run with and bind the land for a term of thirty (30) years from the date this Declaration is recorded, after which time the covenants shall be automatically extended for successive periods often (10) years each, unless an instrument executed in accordance with Section 14.1 below shall be recorded, abandoning or temrinating this Declaration. 13.2 Abandonment of Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Project and without prior written approval of one hundred percent (100010) of all first Mortgagees (based upon one (1) vote for each first Mortgage owned) and one hundred percent (1000/0) of all Owners (other than Declarant) of record, seek by act or omission to abandon or tenninate the subdivision status of the Project as approved by the governmental entity having appropriate jurisdiction over the Project ARTICLE 14: AMENDMENT OF DECLARATION. PLAT MAP 14.1 Declaration Amendment Amendments to the Declaration shall be made by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment. Except as otherwise specifically provided for in this Declaration, any proposed amendment must be approved by a majority of the Board prior to its adoption by the Owners. Amendments may be adopted at a meeting of the Owners if seventy-five percent (75%) of the Owners vote for such amendment, or without any meeting if all Owners have been duly notified and seventy-five percent (75%) of all the Owners eonsent in writing to such amendment. Notwithstanding the foregoing, any amendment to a provision of the Declaration establishing, providing for, governing or regulating the following shall require the consent of seventy-five percent (75%) of all the Owners and seventy-five percent (75%) of all the Mortgagees and the consent of the Declarant (during the Declarant Control Period): voting; assessments, assessment liens or subordination of such liens; reserves for maintenance, repair and replacements of Common Areas; insurance or bonds; use of Common Areas; responstbilityfor maintenance or repairs; expansion or construction of the Project or the addition, annexation or withdrawal of property to or from the Project; boundaries of Lots; converting of Lots into Common Areas or vice versa; leasing of Lots; provisions for the benefit of the Declarant; provisions for benefit of first Mortgagees, or holders, insures or guarantors of first Mortgages; the interests in Common Areas; or imposition of any right of first refusal or similar restrictions on the right of an Own« to sell, transfer or otherwise eonvey a Lot; provided, that a Mortgagee who fails to respond in writing within thirty (30) days of a written request to approve an amendment shall be deemed to have approved the request. In all events, the amendment when adopted shall bear the signature of the President of the Association and shall be attested by the Secretary, who shall state whether the amendment was properly adopted, and shall be acknowledged by them as officers of the Association. Amendments once properly adopted shall be effective upon recording in the appropriate governmental offices where real estate conveyances are recorded for the county in which the Project is located. It is specifically covenanted and understood that any amendment to Y:lLAND ACQUlSmoNIPREUMED SITESISTONEHAVEN\FlNALPLA1\RSJ\Ol\..CCRS.DOC this Declaration properly adopted will be completely effective to amend any or all of the covenants, conditions and restrictions contained herein that may be affected and any or all clauses of this Declaration unless otherwise specifically provided in the section being amended or the amendment itself. 14.2 Plat Map. Except as otherwise provided herein, to effect an amendment to the Declaration adopted as provided for in Section 14.1, the Plat Map maybe amended by revised versions or revised portions thereof, provided that the revised version or revised portions reference the adopted amendment to this Declaration. Copies of any such proposed amendment to the Plat Map shall be made available for the examination of every Owner. Such amendment to the Plat Map shall be effective, once properly adopted, upon having received any governmental approval required by law and recordation in conjunction with the Declaration amendment in the appropriate governmental office where real estate conveyances are recorded for the COllIlty in which the Project is located. The declaration may not be amended to eliminate the responsibility to maintain the stonn water detention ponds or similar facilities without the permission of the City of Renton. 14.3 Amendments to Conform to Construction. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an inevocable power coupled with an interest, may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to the Plat Map to conform data depicted therein to improvements as actually constructed and to establish, vacate and relocate utility easements and access road easements. 14.4 Amendments to Conform to Lending Institution Guideljnes. So long as Declarant continues to own one or more Lots, Declarant, upon Declaranfs sole signature, and as an attorney-in-fae! for all Lot Owners with an inevocable power coupled with an interest, may at any time, IlIltil all Lots have been sold by Declarant, file such amendments to the Declaration and Plat Map as are necessary to meet the then requirements of Federal National Mortgage Association, Veterans Administration, Federal Home Loan Mortgage COIpOratiOn, or other agencies, institutions or lenders financing and/or title insuring the purchase of a Lot from the Declarant. 14.5 Article 16 Amendments. Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an interest, may at any time, IlIltil all Lots have been sold by Declarant, file such amendments to the Declaration and Plat Map as are necessary in the exercise of Declarant's powers under Article 16. Annexations provided for in Article 16 sha11 be approved and recorded as an amendment to this Declaration as provided in this Article 14. ARTICLE 15: INSURANCE 15.1 Insurance. The Board shall have authority in the exercise of its discretion to obtain and maintain at all times as a common expense a policy or policies and bonds of liability insurance and property insurance covering the ownership, use and operation of all of the Common Area (and Common Area improvements), if any, including common personal property Y:II.AND ACQUJSmoNIPRELlMED S!TES\STONEHA VEN\FINAL PLA lW)JIOA....CCRS.DOC and supplies belonging to the Associati on; fidelity coverage for Association Board members (including Declarant), officers, employees or agents; and such other insurance as the Boardmay deem advisable or as may be required by the Federal National Mortgage Association, Federal Home Loan Mortgage Association, Veterans Administration or similar agencies or lending institntions. In the event of damage to or destruction of any part of the Common Area improvements, the Association shall repair or replace the same from the insurance proceeds available. If such insurance proceeds are insufficient to cover the costs of repair or replacement of the property damaged or destroyed, the Association may make a reconstruction assessment against all Lot Owners to cover the additional cost of repair or replacement not covered by the insurance proceeds, in addition to any other common assessments made against such Lot Owners. ARTICLE 16: ANNEXATION AND WlTBDRA W AL OF ADDITIONAL PROPERTIES 16. I Annexation and Withdrawal by Declarant. Although not obligated to do so, Declarant reserves the right to develop as single fiunily residential subdivisions additional lands that would be in addition to and are nearby the land described in Exln'bit A ("Additional Lands"). Declarant may cause all or any portion of such Additional Lands to be annexed to the existing Project without the assent of the members of the Association; PROVIDED, however, that the annexation of Additional Lands described in this Article shall be adjacent to the then existing Project. Such Additional Lands shall be deemed "adjacent" to the existing Project even if separated thereftom by land which: (i) is owned by Declarant (or any entity under common control with Declarant), the Association or the Lot Owners as tenants in common; or (ri) is owned by or dedicated to the public or a governmental agency or instrumentality; or (iii) is available for the use or benefit of the Association or Lot Owners by easement or otherwise; or (iv) is a public or private street, path, bicycle path, railroad track or other improvement or easement for public transportation or utility service. Any Additional Lands shall be added to the Project covered by this Declaration by the filing for record of an amendment to this Declaration. All Lot Owners hereby covenant and agree to burden the Project and any Additional Lands with all of the duties, respo1lSlbilities, costs and expenses related to the management, administration, maintenance and improvement of the Common Areas, and such additional Connnon Areas as may be included in the Additional Lands. This Declaration does not give the Association or any Lot Owners any rights to any Additional Lands until such Additional Lands are subjected to this Declaration. When any Additional Lands are subjected to the terms ofthls Declaration, then the Additional Lands. shall become part of the Project and the ownecs of the Additional Lands, including Lot OWners, sha11 automatically become members of the Association and sha11 be entitled to all of the rights and benefits, and subject to all of the obligations of, the members of the Association. Although not obligated to do so, Declarant reserves the right to discontinue development of and withdraw nom the Project any unplatted land within the Project, including any Additional Lands previously annexed, without the assent of the members of the Association. When any Additional Lands are made subject to this Declaration, they shall also become subject to assessment. Assessments may be adjusted to reflect the total number of Lots obligated to contribute to the Association budget. Y:ILAND ACQUlSmONIPREUMED SITESISTONEHA VEN\FINAL PLAnRSJIOA..JXltS.DOC 162 Non-Declarant Annexations. Annexation of Additional Lands other than Declarant annexations provided for in Section 16.1 hereof shall require the assent of the Owners, Mortgagees and Declarant as provided in Section 14.1. 16.3 Common Areas Within Additional Lands. Common Areas within any Additional Lands subsequently annexed to the existing Project shall be available for the common use of all Owners of Lots within the existing Project as well as within such subsequently annexed Additional Lands. Likewise, Common Areas within the existing Project shall be available for the common use of all Owners of Lots within such subsequently annexed Additional Lands as well as within the existing Project. ARTICLE 17: MISCELLANEOUS 17.1 Notices. Any written notice, or other document as required by this Declaration, may be delivered personally or by mail. If by mail, such notice, unless expressly provided for herein to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received forty-eight (48) hours after a copy thereof has b"een deposited in the United States first-class mail, postage prepaid, properly addressed as follows: (a) If to an Owner, other than Declarant, to the registered address of such Owner, as filed in writing with the Board pursuant to the reqnirernents of the Bylaws. (b) If to Declarant, whether in its capacity as an Owner, or in any other capacity, to the address which Declarant shall have advised the Board in writing. (c) During the Declarant Control Period, notices to the Board shall be addressed to the address set forth in (b) above. Thereafter, notices to the Board shall be addressed either to an address to be posted by the Board at all times in a conspicuous place or to the registered office of the Association. In addition, from and after the expiration of the Declarant's management authority, notice of the address of the Association shall be given by the Board to each Owner, within a reasonable time after the Board has received actnal notice of such Owner's purchase of a Lot. 172 Conveyances. Notice Required. The right of an Owner to sen, transfer, or otherwise convey hislher Lot shall not be subject to any right of approval, disapproval, first refusal, or similar restriction by the Association or the Board or anyone acting on their bebalf. An Owner intending to sell a Lot shall deliver a written notice to the Board at least two (2) weeks before closing, specifYing: the Lot being sold; the name and address of the purchaser, of the closing agent, and of the title insurance company insuring the purchaser's interest; and the estimated closing date. The failure of an Owner to properly give such notice to the Board shall not invalidate the sale. The Board shall have the right to notifY the purchaser, the title insurance company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested. Y:\!.AND ACQUISrnON\PREUMED SITES\STONEIIA VENIFINAL PLA1\RSJIOA...CCRS.DOC 17.3 Successor and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs, personal representatives, grantees, lessees, subleases and assignees of the Owners. 17.4 Joint and Several Liability. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth in or imposed by this Declaration shall be joint and several. 17.S Mortgagee's Acceptance. 17.5.1 Priority of Mortgage. This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of this Declaration but rather shall be subject and subordinate to said Mortgage. 17.52 Acceptance Upon First Conveyance. Declarant shall not consummate the conveyance of title to any Lot until each Mortgagee of record at the time of recording of this Declaration shall have accepted the provisions of this Declaration and made appropriate arrangements for partial release of Lots from the lien of said Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration and acknowledgment that this Declaration is binding upon all of the Lots remaining subject to its Mortgage; provided, that, except as to Lots so released, said Mortgage shall remain in full effect 17.6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of anyone provision or portion thereof shall not affect the validity or enforceability of any other provision hereof. 17.7 Effective Date. The Declaration shall take effect upon recording. 17.8 Government Right of Access. Governmental entities shall have rights of access and inspection for the open space area and any drainage facilities contained therein. IN WITNESS WHEREOF, Declarant has executed this Declaration the day and year first hereinabove written. DECLARANT: The Reserve at Stonehaven, LLC By: ~A/!tffd Belinda M. Wood y,ILAND ACQUISITIONIPREUMED SITES\STONEHAVEN\FINAL PLA1'.RSjlOA_CCRS.DOC STATE OF WASHINGTON ) _~J.,... u-1.. ) ss. COUN1Y OF K:J.N6. ) On this l~ day of v1a,.uh , 200~ before me, the undersigned, a Notary Public in and for the State of Washington, duly connnissioned and sworn personally appeared Belinda Wood, known to me to be the e, f o. of The Reserve at Stonehaven, LLC, 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 docmnent. WITNESS my hand and official seal hereto afIi:¢1 the day and year in the certificate above written. Print Name NOTARY PUBUC in and for the State of Washington, residing at E"'Ye If: . My commission expires ~/,y.fo7 . Y:\LAND ACQUlsmONIPREUMED S~ONEHAVEN\FINAL PLAnRSJIOA..CCRS.DOC PARCEL A: EXHmITA Legal Description As Prepared by Chicago Title Insurance Company Order No.: THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 1461384; ALSO EXCEPT THAT PORTION THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 19990812001273. PARCELB; . THE NORTH 72 FEET OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY, WASHINGTON; EXCEPT THE EAST 20 FEET THEREOF CONVEYED TO KING COUNTY FOR ROAD PURPOSES BY DEED RECORDED UNDER RECORDING NUMBER 1461384. EXCEPT ANY MOBILE OR MANUFACTURED HOME LOCATED THEREON. Y;IlAND ACQUlSmoNIPRELIMED SlTESlSTONEHAVENlFlNAL PLAnRSJIOA...CCRS.OOC EXmBITB Common Fence Design Standards . FULL PANEL . . , . " . , '. . , • • , .. .. " . . , . " ,.'-;-:. , " FRONT VIEW SIDBVIBW • --------_ ...... _--_. ---_ ........ - Y:Il.AND ACQUlSmoNIPRElJMED SITES\STONEHA VEN\FINAL PU'MSJlOA_CCRS.OOC FILED FOR RECORD AT REQUEST OF SOOS CREEK WATER AND SEWER DISTRICT WHEN RECORDED RETURN TO SOOS CREEK WATER AND SEWER DISTRICT P.O. BOX 58039 RENTON, WA98058-1039 SOOS CREEK WATER AND SEWER DISTRICT DEVELOPER EXTENSION REIMBURSEMENT AGREEMENT LATECOMER AGREEMENT NO. 118 t8l Water o Sewer Resolution No • ..21 ~Ie -W DATED 6/5101 Total Latewmer $ 62,123.88 Total Latecomer TerminatioR Date 8/212015 TlDS AGREEMENT made and entered into by and between Soos Creek Water and Sewer DIStrict, a Washington MUnICIpal Corporation, hereinafter referred to as "the DiS1nct", and Talbot Development Partners, LLC., or assigns, heremafter collectively referred to as "Owner" WITNESSE'I1I: WHEREAS, Owner has installed water or sewer mams and/or facilities pursuant to a Developer ExtensIon Agreement to proVIde semce to properties within the serYlce area of the Dlstnct, and the DJStnct has accepted a Bill of Sale for such facillttes; and WHEREAS, in accordance with R.C W 5722 the Dlstnct has by Resolwon proVIded for the execution of agreements for the reImbursement to owners :from other property owners who connect to or use such facilities withm 15 years. NOW THEREFORE IT IS AGREED: 1. Reimbursement. That Owner shall be entrtled to reimbursement from connection charges described herem W1thm 15 years from the date of the DIstrict' S acceptance of a BJil of Sale. -1- - 2. Amouut of reimbursement to Owner. The Latecomer total is the amount which has been determined by the District to be the Owner's reasonable costs of . construction of the facilities for which it is entrtled to teJmburseJnellt, plus 10% for the District's reasonable costs of establishmg and adnunistering this Agreement. The DIStrict shall retain such additional lOOh, and shall deduct 10010 from the remamder as the Owner's share of the District's reasonable costs of establishing and administermg tlus Agreement. 3. Developer Extension Agreement. That the terms of the Developer Extension Agreement between the parties regarding Latecomer Reimbursement IS incoIpOrated herein by this reference A copy is on file at the District. 4. Facilities. That the facihties subject to this Agreement are described as follows: See Exhibit "A" 5. Reimbursement Area. That the reimbursement area subject to this Agreement is legally descn'bed as follows' SOOS CREEK WATER AND SEWER DISTRICl' By: See ExhibIt "B" -2- OWNER Talbot DevelOIJllE!l'lt Partners. lLC By: Han:y J O'Donnell Ross N. case .~ ..., .... <:::> = <::> STATE OF W ASHlNGTON ) ) ss. COUNTY OF KING ) On this Ei!!!:..-day of JUI.)E: • 20.6.L.. before me personally appeared HMVVI:I D'Il:?Q>EI! and P6550.CA<jF .tomeknown1obe~ ..:tIm ~liI .... 1 ard Srefel?!, rescectively, of If\!.f£!rffiIIB I'f?r@.IT ~ Lt..c..: .'C.J ~ Washington EXl1'P6flIti9R, the 6~l1IIien that executed the foregoing instrmnent and acknowledged saidinstrmnent to be the ftee and voluntary act and deed of said corporation, for the uses and purposes !herem mentioned. WI1NESS my hand and official seal hereto affixed the day and year above written. ELLEit FRANCES SMITll NEBRE STATE OF WASHINGTON NOTARY -0-PUBLIC In «MIISSIII EXFIRD l\-OH4 OU£f.fw~Uh~(n.< 1 NOTARY PUBLiCiDOrthe ~ ashington, ReSJdingat: Beu.alue (,';A My comrrusswn expires' II ~ '5 -L{ STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this f5!!:..... day of JuDb • 20 ill-, before me personally appeared HA8BlfJ Q'Q)f»E" and f{.:;'iH,>'CASE ,tomeknowntobelb~ tim l'ralO!PC" &I i smefElr3!, ~ectiveIY, of ]JI!..&;rCEIIB c.OrJA.:rr ~ LlC.... "'C..J .. Wasbinglvn COIPOfllti9ll, the e~l'3tien that executed the foregoing instrument and acknowledged said instnnnent to be the free and voluntary act and deed of said corporation, for the uses and purposes therem mentioned. WITNESS my hand and official seal hereto affixed the day and year above written. El.1.EIt FRANCES SMITH NEIlRE STATE Of WASHINGTON NOTARY -.-pUBliC MY ClMIISSIOI EXFIIIO 11-05-04 (J l.lffflfi~ ~(n.t 1 NOTARY PUBLiCiD\lrtile ~ ashington, ResJdingat: BeuaJue Il>A. My comrmSSJon expires' r I ~ 5 -t.{ SIZE 8" 8" 8" Exhibit "A" SOOS CREEK WATER & SEWER DISTRICT ON 102nd Avenue S E South 47th Street Smrthers Avenue South WATER LATECOMER'S NO. 118 TALBOT RIDGE Base Maps 0-2 & E-2 FROM TO Valve, 140+/-feel South of Valve cluster. lI1Iersecbon of the Intersecbon of 102nd 102nd Avenue S E and Avenue S E and South South 47th Street 47th street Valve cluster, lntersecbon POInt. IIlIerseclJon of South of 102nd Avenue S E and 47th street and Smrthers South 47th Street AvenueSE POIn!, Intersecnon of South BIow-oIf. 20+1-feet 47th Street and Smrthers Westerly of the Southwest AvenueSE comer of LotS of said Plat TotalS" TOGETHER WITH vaJves, fIre hydrants. servICeS and appurtenances LENGTH 136LF 889LF 184L F 1,209 L F F 1121D14\Q3IlC11BExA DOC-04125101 .-, ~ Exhibit "8" SOOS CREEK WATER & SEWER DISTRICT PARCEL NO 322305-9022 WATER LATECOMER'S NO. 118 TALBOT RIDGE Base Maps 0-2 & E-2 The North 150 feet of the follOWIng descnbed parcel The North half of the Northwest Quarter of the Northwest quarter of the Southwest quarter of Section 32, township 23 North, Range 5 East, W M , King County, Washington, ..... LESS County Road, :;;; AND LESS nght·of-wayto King County recorded under Recording No 19990812001273 = cry LATECOMER'S CHARGE $27,801 73 6 10% ADMIN CHARGE $ 2,780 17 ;;; TOTAL L C CHARGE $ 30,581 90 = ..... PARCEL NO 322305-9183 The South 150 feet of the follOWing descnbed parcel The West half of the Southwest quarter of the Northwest quarter of section 32, Township 23 North, Range 5 East, W M , KJOg County. Washington LATECOMER'S CHARGE $28,67453 10% ADMIN CHARGE $ 2,867 45 TOTAL L C CHARGE $ 31,54198 LATECOMER'S RATE $ 43 64 PER FRONT FOOT F \121014\03\lCI18Ex8 Doc. 04125101 Branch :GOK,User :NEWM Title Officer: II Order: 1209039 Comment: Station Id :EGVY 20060327001139.001 KING,WA When Recorded Return To: STERUNG SAVINGS BANK 06-03-24-00000B/157914070-157914427 CONSTRUCTION ADMINISTRATION -BRANCH 687 111 N WALL STREET SPOKANE,WA 99201 -----------[SpaccAbove TblsLiueFor RecerdlillDdaJ----------- DEED OF TRUST Grantor(s): (I) THE RESERVE AT STONEHAVEN, LLC, A WASHINGTON LIMITED LIABILITY (2) (3) (4) (5) (6) CHICAGO TITLE INS. CO~ REF# 11926,2-10 Grantee(s): (I) STERLING SAVINGS BANK (2) CHICAGO TITLE COMPANY Legal Description (abbreviated): LOTS 1-36, VOLUME 233 PLATS PG 43. additionallegal(s) on page 3 Assessor's Tax P"",.IID #: 322305-9096.06,322305-9022-05 DEFINITIONS Words used in multiple sections of this document are dermed below and other words are defined in Sections 3, 11. 13) 18,20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Seeurity Instrument'" means this document, which is dated March 24, 2008 together with .U Riders to this document. (B) ·Borrowe .... is THE RESERVE AT STONEHAVEN, LLC, A WASHINGTON LIMITED LIABILITY COMPANY BOII'Ower is the 1ruStor under this Security Instrument. WASHINGTON---Single Family-FaIlPill:: Mae/Freddie Mac UNIFORM INSTRUMENT ITEM 1983l.1 (0011) (Page J of 15 pagu) Page I 0[20 Form 3048 1101 _ .... - To On:llf celt 1-801J.G68-6175 06-03-24-000008 Printed on 4/30/2007 II :30:48 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: II Order: 1209039 Comment: Station Id :EGVY 20060327001139.002 KING,WA (C) "LeDd.r~ is STERLING SAVINGS BANK Lender is a CORPORATION and existing under tho laws of THE STATE OF WASHINGTON Bellevue, WA - organized . Lender's address is . Lend ... is the beneficial)" under this Socurity Instrument. (D) "Trusle." is CHICAGO TITLE COMPANY (E) "Note" means the promissol)" note signed by Borrower and dsted March 24, 2006 The Note _ that Borrower owes Lender Fourteen Million Nine Hundred Eighty Three Thousand One Hundred Eighty and n0l100 Dollars (U.S. $14,983,180.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt In full nOllater than April 01, 2007 (F) "Property" means the property that is described below ..,d ... the heading "Transfer of Rights in the Property." (G) "LoaD" means the debt evideneod by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (II) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicsblel: 00 Adjustable Rate Rider D Balloon Rider 00 1-4 Family Rider o CQndominiurn Rider D Planned Unit Development Rider o Biweekly Payment Rider D Second Home Rider D Other(s) [speciiYl (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rule. and orders (that have tho effect of law) as well ... all appli<able fina/, non-appealable judicial opinions. (J) "CommDDlty Association Dues, Fees, and Assessments~ means aU dues, fees~ assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "'Eledronic Fonds Transfer" means any transfer of funds,. other than a transaction originated by check. draft.. or similar paper instrument, which is initiated through an electronic tenninal, telephonic instrument, computer~ or magnetic tape so as to order, instruct, or authorize a fmancial institution to debit or aedjt an account. Such tenn includes, but is not limited to, point-or-sale transfers. automated teller machine transactions, transfers initiated bY telephone, wire transfers, and automated clearinghouse transters. (L) "Escrow ltelllS" means those items that are described in Section 3. (M) "Miscellaneo.s Proceeds" means any compensation, settlement, award of damages. or proceeds paid by any third party (other than insurance proceeds paid under the coverages descnbed in Section 5) for: (I) damage to, or destruction of; the Property; (ti) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to. the value andlor condition ofth. Property. (N) "'Mortgage lasuranee" means insurance protecting Lender against the nonpayment of, or default OD, the Loan. (0) "Periodic Payment" moans the regularly scheduled amount due for (i) principal and interest under the Note, plos (Ii) any amounts under Section 3 of this Security Instrument. WASHlNGTON-Single FwnUY-Pliulaie MaeJFreddle Mac UNIFORM INSTRUMENT Form 3048 1/01 ......,..,- ITEM fge3l2 (0011) (Page J of I 5 pages) ToO*CaJtt~715 06-03-24-000008 Page 20[20 Printed on 4/3012007 11:30:50 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: II Order: 1209039 Comment: Station Id :EGVY 20060327001139.003 KING,WA (p) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R PiU13500), as they might be amended from time 10 time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Jnstrumen~ "RESPA" refers to all requirements and restrictions that are imposed in regard to a ''federally related mortgage loan" even if the Loan does not qualify as a ''federally related mortgage loan" under RESPA. (Q) "Successor in Interest or Borrower" means any party that has taken title to the Property, whether or not that patty has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Seeuritr Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of BOJTOWers covenants and agreements under this Seeuritr Instnmenl and the Note. For this purpose, Borrower !trevocably grants and convey. to Trustee, in trust, with power of sale. the following described property located in the County [Type ofR.ecordingJllrisdiction] of KING [Name ofRcoordingJurisdiction] LOTS 1 TIlROUGH 36, THE RESERVE AT STONEHAVEN, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 233 OF PLATS, PAGES 43 THROUGH 47, IN KING COUNTY, WASHINGTON. which currently has the address of RENTON [C;tyl LOTS 1-36 TIlE RESERVE AT STONEHAVEN [Street] , Washington {Zip Code} ("Property Address"): TOGETHER WITII aU the improvements now or hereafter erected on the property, and all easements, appurtenances, and fIXtUres now or hereafter a part ofth. propero/. All replacements and additions shall also be covered by this Security Instrumenl All of the foregoing is referred to in this Security Instrwnent as the "Property." BORROWER COVENANTS that Borrower is lawfully sei.ed of the estate hereby conveyed and has the right to grant and convey the Property and that the Propero/ is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Propero/ against all claims and demands, subject to any encwnbrances of record. 1HIS SECURITY INSTRUMENT combines unifonn covenants for national use and non-unifonn covenants with limited variations by jurisdiction to constibIte a uniform security instrument covering real propero/. WASHINGTON......singie Family-F.ank M.efFreddie Mac UNIFORM INSTRUMENT ITEM 1!/I83U (0011) (Page 3 of J 5 pages) Page 3 of20 Fonn 3948 llel -.~ To OtderC8lt 1~7T~ 06-03-24-000008 Printed on 4/30/2007 II :30:52 AM Docrunent: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20060327001139.004 KJNG,WA UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Paymeat of Princip.~ IDt.res~ Escrow Items, Prepayment CUrgeS, and Late C •• rges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower ,ban also pay funds for Escrow Items pursuant to Sectioo 3. Paymenls due under the Note and this Security Insllllment shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument i. returned to Lender unpaid, Lender llUI)' require that any or all subsequent paymenls due under the Note and this Security Instrument be made in one or more of the follOWing fonns, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier'. check, provided any such check is drawn upon an institution whoso deposits are Insured by a federal agency, Instrumentality, or entity; or (d) Electronic Funds Transfer. Paymen1s are deemed received by Lender when received at the location designated in the Note or at such other location as may b. designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if tho payment or partial payments are insufficient to bring the Loan current. Lender llUI)' accept any payment or partial payment insufficient to bring the Loan ClUTeIlt, without waiver of any rights hereunder or prejudice to its rights to refuse sucb payment or partial paymenls in tho future, but Lender is not obligated to apply such paymenls at tho time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal ba1ance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shaH relieve Borrower from making paymenn; due under the Note and this Security Instrument or perfOnning the covenants and agreements secured by this Security Instrument. 2. ApplieatioD of Payments 0(" Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) intaest due under the Note; (b) principal due under the Note; (e) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it become due. Any remaining amounts shall be applied first to late charges, second to any other amounls due oocIer this Security Instrument, and then to neduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment whicb inclod" a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the fuU payment of one or more Periodic Paymenls, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount. of the Periodic Payments. 3. Funds for Escrow Uems. Borrower shalI pay to Lender on the day Periodic Payments are due under the Note, until tho Note is paid in full, a sum (the ''Funds'') to provide fo<payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground ren1s on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage lnsurance premiwns, if aoy~ or any smns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums In accordance with the provisions of Section 10. These items are called "Escrow Items." At originatiOn or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, ifany~ be escrowed by Borrower, and such dues. fees and assessments shall be an Escrow Item. W ASRINGfON-Singio Family-Fannie MaeIFreddie Mac UNIFORM INSTRUMENT ITEM 19I3U (OOI1) (Page ., of I j pages) Page 40f20 Form 3048 1101 _w ToOrderCaI: 1-800-4168-5775 06-03-24-000008 Printed on 4/3012007 II :30:53 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: II Order: 1209039 Comment: .. Station Id :EGVY 20060327001139,005 KING,WA Borrower sball promptly furnish to Lender all notices of amounts to be paid l.Ilder this Section. Borrower shoD Jl"Y Lender the Funds for Escrow Items unless Lender waives Borrower'. obligation to pay the Funds fur any or all Escrow Items. Lender may waive Borrowor's obligation to pay 10 Lender Funds fur any or all Escrow 1-. at any time. Any such waiver roay only be in writing. In thO event of sucb walv ... , Borrowt>< shaD pay directly, when and where payable, the amoun .. due for any Escrow Items fur which payment of Funds bas been waived by Lender and, if Lender requires. shall furnish to Lender receipts evidencing sucb payment within such time period as Lender may require. Borrower', obligation to make such payments and to provide receipts shall fur all purposes be deemed to be a covenant and agreement contained in this Security Jnstrwnen~ as the phrase "covenant and agreement" iB used in Sectioo 9. If Borrower iB obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower tails to pay the amount due fur an Escrow 110m, Lender may exercise its righ .. under Section 9 and Jl"Y such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in acc.ordance with Section 15 and, 1JPOD such revocation? Bonower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may. at any rime, collect and hold Funds in an amount <a) sufficient to permit Lender to apply the Fund. at the time lIpeCified under RESPA, and (b) not to exceed the maximum amount a lender can J'«juire under RESP A. Lender shall estimate the amount of Funds due on the basis of cumml dlIta and reasonable estimates of expenditures of future Escrow Item, or otherwise in accordance with Applicable Law. The Funds shall be held in an institution who.e deposits are insured by a federal ogency, ins1nnnenfali\)!, or .. li\)! (inclnding Lender, if Lender is an institution whose deposits are SO insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the rime specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow acco~ or verifYing the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unl ... an agreement i. made in wrfting or Applicable Law requires interest to be paid"" the Funds, Lender shall not be required '" Jl"Y Borrower any _ or earnings on the Funds. Borrower and Lender can agree in writing, however, that interost shall be paid on the Funds.. Lender shall give to Borrower. without charge, an annual accounting of the Funds as required by RESPA. If th_ is a surplus of Funds held in escrow, as defmed under RESPA, Lender shall =unt to Boll"Owef for the excess funds in accordance with RESPA. If there i, a shortage of Funds held in escrow, as defined under RESPA. Lender .haIl notifY Borrower as required by RBSPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, bot in no more than 12 monthly payments. If there i. a deficiency of Funds held in escrow, as defined under RESP A, Lender shoD notifY Bonvwer as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of an SUlllS secured by this Security Instnunent, leJlder shall promptly refund to Borrower any Funds held by Lender. 4. Cbarges; Uens. Borrower shall pay all taxes, assessments, charges, fUles, and impositions attributable to the Property which can attain priority over this Security Jns1nnnenl, leasehold payments or ground. rents on the Property, if any~ and Community Association Dues,. F~ and Assessments, if any. To the extent that these items are Escrow Items~ Borrower shall pay them in 1he manner provided in Section 3. BOll"Ower shall promptly discharge any lien which bas priori\)! <>VeT this Security Instnlment unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforrement of the lien in, legal proceedings which in Lender~s opinion operate to prevent the enforcement of the lien while those proceedings are panding, but only until such proceedings are concluded; or (0) secures from the holder of the lien an agreement salis factory to Lender subordinating the WASHINCTON-Si!\gI~ Family--Paanie MtoelFl'eddie Mac UNIFORM INSTRUMENT Page 5 of20 Fom. 3048 110) -~ TGQnlwca!i: 1-8C1046S-S115 06-03·24-000008 Printed on 4/30/2007 II :30:55 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Ofticer: II Order: 1209039 Comment: Station Id :EGVY 20060327001139.006 KING,WA lien to this Security inotrumenL lfLender determines that any part of tho Property is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifYing the lien. Within 10 days oflbe date on which that notice is given, BorrOwer shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one·time roarge for a real estale tax verification andIor reporting service used by Lender in connection with this Loan. S. Property los1U'aaee. Borrower shall keep the improvements now existing or hereafter erected on the Property insured againslloss by fire, hazards included within the term "extended coverage,D and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insUIlIIlCO. This insurance shall be maintained in the amounts (including deductible levels) and for the periods dlat Lender requires. What Lender requires pursuant to the preceding sentences can c:hange during the term of the Loan. The insUIlIIlCO carrier providing the insurance shall be roosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shan not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan. either: (a) a one--time charge for flood zone determination. certification and trllCking services; or (b) a one-time charge fei flood zone detennination and certification services and subsequent charges each time ,emappings or slmllar changes occur which reasonably might affect such detennination or certification. Borrower shall also be responsible fur the payment of any fees imposed by tbe Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fuils to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lenders option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hszard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that BOITower could have obtained. Any amounts disbu..ect by.Lender under this Section 5 shaD become additional debt of Borrower secured by this Seewity Instrument. These amounts shall bear interesl al the Note role from the dale of disbursement and shal! be payable, with such inteJest, upon notice from Lender to Borrower requesting payment. All insurance po6cies required by Lender and renewals of such policies shall be subject to Lender's right 10 disapprove such policies, shan include a standand mortgage clause, and shal! name Lender as mortgagee andIor as an additional loss payee. Lender shaD have the right 10 hold the po6cies and renewal certificates. If Lender requires, Borrower shan promptly give to Lender aD receipts of paid premiums and renewal notices. If Borrower obtains any fann of insurance coverage, not otherwise required by Lender. for damage to~ or destruction of,. the Property ~ such policy shall include a standard mortgage clause and shaU name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender_ Lender may make proof of Joss if not made promptly by Borrower_ Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feastble and Lender's security is not lessened. During such repair and restoration perfod~ Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is mlUie in writing or Applicable Law requires interest to be paid on sucb insurance proceeds, Lender shan not be required to pey Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shal1 not be paid out of the insurance proceeds and shall be the sole obUgation of BorrowCf. If the restoration or repair is W ASHINGTON-Smg1e Fanuly-Fannie Mae/Freddie Ma~ UNIFORM INSTRUMENT ITEM 19831..3 fOO11) IPa." of ISpagni Page 60f20 Form 3941 1101 ......... - To Otdtf CIIl1-8(1(1-961J-677.5 06-G3-24-000008 Printed on 4/30/2007 II :30:56 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20060327001139.007 KING,WA not economically feasible or Lender's security would be lessened, the insunmce proceeds shall be applied to lb. sums secured by this Security Instrumen~ whether or not 1hen due, wilb tbe excess, if any, paid to Borrower. Such insuranee proceeds shall be applied in Ibe order provided tor in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related rnat!<:rs. If Borrower does not respond within 30 days to a notice from L<oder that the insurance carrier has offered to settle a claim, then Lender may negotiate and sett1e lb. claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires 1110 Property under Section 22 or otherwise, Borrower hereby assigns to Lender <al Borrower'. rights to any insurance proceeds in an amount not to exceed tbe amounts unpaid under the Note or this SecurIty Instniment, and (b) any other of Borrower'. rights (other 1han the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to tbe coverage of Ibe Property. Lender may use tbe insurunce proceeds either to repair or restore the Property or to pay amounts nnpaid und ... the Note or this SecurIty ~ whether or not then due. 6. Oeeupanay. Borrower shall occupy, establish, and ""e the Property as Borrower's principal residence within 60 days after 1he: execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal resIdence for at least one year after the date of oecupancy, lOlIess Lend ... otherwise agrees in writing, which consent shall not be nnreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservatioa, MainteDaDce and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit W8Ste on the Property. Whether or not Borrower is residing in the Property, Borrow ... shall maintain the Property in ord..-to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with dsmage to, or the taking of, the Property, Borrower shall b. responsible for repairing or restoring the Property only if Lender has released proceeds for sud! purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series. of progress payments as the work Is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shaD give BOlTOwer notice at !be time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower'S Loan Application. Borrower shall be in default if, during the Loan app1ication process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed lO provide Lender with material information) in connection with the Loan. MateriaJ representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protec.tion or LeDder's Interest in tbe Property aDd Rlgbts Under tlds Security mstrumeat. If(a) Borrower faJls to perform lb. covenants and agreements contained in this Security lostrurnenl, (b) 1hm is. legal proeeeding that might significantly affect Lender's interest in the Property aodIor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or <c) Borrower has abandoned the Property, Iben Lender may do and pay for whatever is reasonable or appropriate to protect Lender's intereSt in the Property and rights under this Security Instrum~ including protecting and/or assessing the value of the Property, and securing and/or repairing the PJoperty. Lender's actions can include, but are not limited to: (a) paying any sums seemed by a lien which has priority ovec this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to WASHINGTON-SUtgle Famil~'.QDie MaeIFreddlc Mile UNIFORM INSTRUMENT m;M .. 983t7 {(IOU) (Puge 7 of 15 fXlge!l) Page 7 of20 F(N'm 3048 1101 G_- ToOtdWCIII: 1~n5 06-03-24-000008 Printed on 4/30/2007 11 :30:58 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: II Order: 1209039 Comment: Station Id :EGVY 20060327001139.008 KING,WA protect its interest in the Property andlor rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but i. not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain _ ... from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or 01I Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability fur not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with sucb interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower sball comply with all the provisions of the lease. If Borrower aequires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. IfLendor required Mortgage Insunmce as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect_ It: for any reason. the Mortgage Insurance coverage required by Lender ceases to be avaHable from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiwns required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effec~ from an alternate mortgage insurer selected by Lender. If SUbstantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non~ reftmdabJe loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable. notwithstanding the !act that the Loan is uhimately paid in fW~ and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premium. for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affucts Borrower~s obligation to pay interest at the rate provided in the Note. Mortgage Insurance rehnburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modifY their risk, or reduce losses. These agreements are on tenns and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage instu'er to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insunmce premium.). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer. any other entity, or any affiliate of any of the foregoing. may receive (directly or indirecUy) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing tosses. [f sucb agreement provides that an WASHINGTON-Single Fl'Imily--FADDie Mae/Freddie Mac. UN1FORM lNSTRUMENT ITEM 1983lS ((011) (Page 8 oj J j pDges) Page 8 of20 Form 3048 1/01 G_lDaRl .... ToORilll'CIIIIt 1.a00.988-5715 06-03-24-000008 Printed on 4/3012007 II :30:59 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20060327001139.009 KING,WA affiliate of Lender lakes a sh .... of the insurer's risk in exchange for a share of tho premiums paid to the insurer, the arrangement is often termed "captive reinsmancc." Further: (a) Ally sueh agreemenlS wiD not affect tbe omou.ts that Borrower has agreed to pay for Mortgage IDSIII1IDCe, or allY otIaer terms. of the LoaD. Sucb agreements will DOt increaSe the amount Borrower will owe for Mortgage IDSDraDee, and they wiD Dot entitle Borrower to aoy refund. (b) A.y sueh agreemeats wiD not affect the riglllS Borrower hu-lf aoy_th respeet to the Mortgage lasurane. under tbe Homeowners Protectlon Aet of 1998 or any other law. These rights may i.cludo tho right to receive certain disclosures, to request and obtain .... coIlatWn of the Morigago Insan.nUt to hllVe the Mortgage Insurance terminated automatically, aDd/or to receive a rerUM of any Mortgage Insurance premiums that were untamed at the time of such cancellation or termination. 11. AssigIIment of MIseeDaneous Proceeds; Forfeiture. AU Miscellaneous Proceeds are hereby assigued to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Leuder's security is nol lessened. During such repsir and restoration period, Lender shall have the right to bold such Miscenaneous Proceeds until Lender bas had an opportUnity to inspect such Property to ensure the wolk has been completed to Lender'. satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the rep&lrs and restoration In a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender~s security would be lessened, the Miscellaneous Proceeds shall be applied 10 the sums secured by this Security Instrument, whether or not then due, with the excess) if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event ofa total taking, destruction, or loss in value of the Property) the Miscellaneous Proceeds shall be applied to the sums secured by this Security lostnunent, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial laking, destruction, or loss In value of the Property in which the liIir market value of the Property immedia"'ly before the partial taking, destruction, or loss In value is equal to or greater thsn Ibe amO\Ull of the sums secured by this Security Instrumenl immedia"'ly before the partial taking, destruction, or Joss in value. unless Borrower and Lender otherwise agree in writing. the sums secured by this Security Instrument shall be reduted by the amount of the Miscellaneous Proceeds multiplied by the following fraction: <aJ the total amonnt of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or Joss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or Joss in value of the Property in which the f8ir market value of the Property immedialely before the partial taking, desttuction, or loss io value is less than the amount Qf the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otbenvise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Im:trument whether or not the sums are then due. If the Property is absndoned by Borrower, or if, after notice by Louder to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to sett1e a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument. whether or not then due. "Opposing Party .. means. the third party that owes Borrower MiSceUaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. WASHINGTON-Single Family-F' ... ie MacJFreddie MRI: UNIFORM INSTRUMENT ITEM 1963U (0011) (Page 9 oj J 5 pages) Page 9 of20 F" ..... 304S 1,t. Grell'DOClS1IO To 0* c.t 1-800-G88-6115 OS.(J3-24.(JOO008 Printed on 4/3012007 11 :31:0 I AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: II Order: 1209039 Comment: Station Id :EGVY 20060327001139.010 KING,WA Borrower shall be in demult if any action or proceeding, whethe< civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other ma1erial impainnent of Lender's interest in the Property or rights under this Security Insbument BolTOWOl' can cure such a defilult and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed widl a ruling that, in Lender's judgment. precludes t'orreitme of th.Property or other matc:rial impairment of Lender's inlerest in the Property or rights under this Secnrity lnstrureenL The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby ossigned and shall be paid to Lender. All MisceIlaneons Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not ReJeased; Forbearance By LeDder Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shail not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shan not be required to commence proceedings agaimt any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the swns secured by this Security Instrument by reason of any demand made by tho original Borrower OT any Successo.. in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy includin& without limitation. Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amoWlt then due, shall not be a waiver of or preclude the ""erci .. ofany right or remedy. 13. Joiat aDd Several Liability; Co-signers; Successors and Assigns Boand Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer'S interest in the Property under the tenns of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Insttumenl; and (c) agrees that Lender and any other Borrower can agree to extend, mOdify, forbear or liUlke any accommodations wilh regard to the terrns of this Security Instrument or the Note without the ro-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower~s obligations under this Security Instrument in writing, and is approved by Lender, shall obtain an of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security lnstnunent shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. LoaD Claarges. Lender may charge Borrower fees for services perfonned in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrwnent, ineludmg," but not limited to, attorneys· fee~ property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subjed to a law which sets maximum loan charges, and that law is finally interpreted SO that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any swns already collected from Borrower which exceeded permitted limits win be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by moking a direct payment to Borrower. If a retimd reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (wbether or not a ptq>ayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct peyment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. W ASlONGTON--Singlc Family-Fannie MaeIFreddie Mac. UNIFORM INS'l"RUMlNT IlEM 1S83L10 (00'1) (Pagel0of15~s) Page 10 of20 FOfm 3048 1101 --To. 0«1., call: 1.aoo~5 06-03-24-000006 Printed on 4/30/2007 11 :31 :02 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20060327001139.011 KING,WA IS. Notic<s. All notices given by Borrower or Lender in CODIlection with this Security lnstrurnent must be in writing. Any notice to Borrower in connection with this Security InslrUment shall be deemed 10 have been given to Borrower when mailed by first class mail or when aetually deliv .... d 10 Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowas unless Applicsble Law expressly requires otherwise. The notice address shall be the Property Address unless BOlTOwer has designated a subotitute notice address by notice to Lender. Borrower shall promptly notifY Lender of Borrower's change of address. If Lender specifies a procedure for reporting Bnrrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall b. given by delivering it or by mailing it by first class mail to Lender's address staled herein unless Lender has designated another address by notice to BOlTOwer. Any notice in connection with this Security lnstrurnent shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security lnstrurnent is also required under Applicable Law, the Applicsble Law requirement will satisfy the corresponding requlrement nnder this Security Instr\Jment 16. Governiag Law; Severability; Rules of CODstnidion. This Seeurity Instrument shall be governed by federal law and the law of the jurisdiction in which the Property Is located. AU rights and nbligations contained in this Security Instrument oro subject 10 any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not b. construed as a prohibition against agreement by conttact. In the event that any provision or clause of this Security Instnlment or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the siogular shall mean and include the plural and vice versa; and (c) the word "may" gives sole dlserotion witltout any obligation to take any action. 17. Bnrrower's Copy. Borrower shall b. given one copy of the Note and of this Security Instrument 18. TraDSfer ·of the Property or a Beneficia11Dterest in Borrower .. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, tbuse beneficial interests transferred in a hond for deed, contract for deed, instalhnent sales contract or escrow agreement, the intent of which is the transfer of title by Borrower ata future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or tnmsferred (or if Borrower is not a natura1 person and a beneficial interest in Borrower is sold or transferred.) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give BOlTOwor notice of acceleration. The notice shall provide a period of nat less than 30 days from the date the notice is given in accordance with Section 1 S within which Borrower must pay aU sums secured by this Security Instnnnent. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Aecelention. If Borrower meets certain conditions, Borrower shall have the right to have enforcement ofthi. Security lnstrurnent discontinued at any time prior 10 the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrwnent; (b) such other period as Applicable Law might specify forthe termination of Borrower's right to reinstate; or (c) eotty of a judgment enforcing this Security Instrwnent. Those conditions are that Bnrrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any defauh of any other covenants or agreements; WASHINGTON-5iogle Family-Faa.it Ma~lFrrodie Mat UNIFORM INSTRUMENT ITEM 1883111 (0011) (Page II of 15 pages) Page II of20 Fotan 30481/01 Gi"oNtDooll- To Orr:lwCaIl; 1..aoo.a88-517~ 06~3-24-000008 Printed on 4/30/2007 II :31:04 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20060327001139.012 KING,WA (c) pays all expenses incurred ht enforcing this Security Instrument, including, but not limited to, reosonable altomeys' fees, properly inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reosonably require to assure that Lender's interest in the Property and rights und ... this Security Instrumen~ and Borrower's obIi8ation to pay the sums secured by this Security instrument, shan continue unchanged. Lender may require 1hat Borrower pay such reinstatement SIlIDS and expenses in one or more of the following forms, as selected by Lender: (aJ cash; (h) money order; (c) eertified cbeck, bank check, treasurers check or cam.ier's check, provided any such chock is drawn upon an institution whose deposits are htsored by a federai agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured horeby shall remaht fully effective as if no acceleration had occnrred. However, this right to reinstate shall not apply in the case of acce1ention under Section 18. 20. Sale of Note; Change of Loan Servicer; Nolke of Grievanc .. The Note or a partial interest in the Note (together with this Security Instrument) can b. sold one or more tintes without prior notice to Borrower. A sale might result in a change in the entity (known as the ''Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs oth..-mortgage loan servicing obligations under the Note, this Security Instrwnent, and Applicable Law. There also might be ono or more changes of the Loan Servicer unrelated to a sale of the Note. If thero is a change of the Loan Servicer, Borrower will be given written notice of the change which win state the name and address ofthc new Loan Servicer, tho address to which payments shOUld be made and any other information RESPA requires in connection with a notice of transfer of servichtg. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join" or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of; or any duty owed by reason of, this Security Instrument, unti1 such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded th. other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provldea a time period which must elapse before cenain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to SectIon 18 shall be deemed to salialY the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substaaces. As used in this Section 21: (a) "Hazardous Substances» are those substances defined. as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the follOWing substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or fonnaldehyde. and radioactive materials; (b) ''Environmental Law" moans federal laws and laws of the jurisdiction where the Property is located that relate to heal~ safety or environmental protection; (e) "Environmental Cleanup" includes any response action, remedial action, or removal action. as defined in Envirorunental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise-trigger an Environmental Cleanup. BOlTower shall not cause fX penn it the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release ofa Hazardous Substance, creates • condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous WASHJNGTON-Single Famil}'-Fa.,,~ MaeJFreddie Mac UNIFORM INSTRUMENT rTEM 1983L.12 coon) (page 11o!15ptJg6S) Page 120[20 Form 3848 1101 GraalDo~"" To Onklt call 1~88-6ne OS"()3-24-000008 Printed on 4/30/2007 11:31 :05 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20060327001139,013 KING,WA Substances that are generally re<ognized to be appropriate to normal residential uses and to maintenance of the Property (including. but not limited to, hazardous substances in consumer p_), Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely .trects the value of the Property. If Borrower learns, or ;. notified by any governmental or regulatory authority, or any private party, thaI any removal or other remediation of any Hazardous Substance affec:tlng the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shaU create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS_ Borrower and Lender tbrther covenant and agree as follows: 22. Acceleration; Remedies. Lender shan give notice CO Borrower prior to aecderatioB following BoJTOwer's breach of any covenant or agree meat In this Security InstnuDent (but not prior to acceleration under SectiOB 18 unless AppIit!able Law provides otherwise). Tbe aotice shan speeify: (a) the default; (bJ the aotion reqaired to cure Ihe default; (eJ a date, not less than 30 days from the date the notice is giveD to Borrower, by which tbe default mast be ~ured; and (d) that failure to ture the default on or before the date specified in the notice may result in a«eleratio. of tbe sums seeured by this Seeurity Instrnment and sal. of Ih. Prop<rty at publie anellon .t a dale not I ... than 110 days in the future. The Dotke shall further inform Borrower oltbe rigbt to reiastate after aeuleration, the right to bring a court action to assert the nOD~existeDce of a deCaub or any other defense of Borrower to aceeif:ratioD aad sale, and any other matters required to be included In the notice by AppHcable Law. If the default is DOt cured on or before the date speeifred i. tbe DO'titet LeDder at is option, lUay require immediate payme.t In full of all sum. seeured by this Seeurlty I.,trament without further demand and may invoke the power of sale and/or any other remedies permitted by Applic:able Law. Lender ,..1 be entitled to collec. all expenses ineorred i. pun.ing the remedies provided io this Section 22, including, but Dot Ibnlfed to, reasonable atto ... eya' fets aDd costs of title evidence. If Lender invokes tbe power of sale, Lender shall give written notice to Tnstee of tbe occurrence of a.n event of default and of Lender's election to cause the Property to be sold. Trastee and Lender shall take such action regllrding notice of sale and sban give such Dotied to Borrower and to other po ..... a. Applleable Law may require. Aller the time required by Applicable Law aud afte. publieation of the Dotice of sale, Trustet; without demand on Borrower, shan sell the Property at pubJic aaction to tile highest bidder at the time and plaee sad Qader the tetms desiguaCed in the notiee of sale in ODe or more parcell 8Dd in any order Trustee detennines. Trustee may postpone sale of tile Property for a p<rind or period. permitted by Applicable Law by pllbUe annoaneemenl al the Ilme and plaee ftxed in the lIOtic::e of sale. Lender or its designee may pureb.ase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed eonveylng the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidenee ofthetrnlla ofth. statements made tberei._ Trustee shall apply the proceeds orlb. sale In the followiog order: (8) to au expenses of 1be sale, inciudinL but not Jlmited to, reasoaable Trusteets aDd atton.eys~ fees; (b) to .n sums seeared by this Security Instrument; And (c) any exeess to tbe peno. or persons legaUy entitled to it or to tbe clerk of tbe superior court of the county in whk:h the sale took place_ 23_ Reeonveyanee. Upon payment of all sum. seeured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender thi, Security Instrument and all notes evidencing W A$H1NGTON-Single Family-F •• I:lie Mae/Freddie Mae UNIFORM INSTRUMENT ITEM 19B3L13 (0011) (Page J 3 i)f 1 j pages) Page 13 of20 Form 3048 1/01 GnMtOO",. .... To OtdetCd: 1~77& 06-03-24-000008 Printed on 4/3012007 11 :31 :07 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: II Order: 1209039 Comment: Station Id :EGVY 20060327001139.014 KING,WA debt secured by this Security lnstrument to Trustee, Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it, Such person or persons shsll pay any recordation costs and the Trustee's fee fer preparing the reconveyance. :w. Substitute Trust ... In accordance with Applicable Law, Lend.., may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the suc=;soc trustee shall succeed to all the title, power and duties conferred apon Trust .. herein and by Applicable Law. 25. Use of Property. The property is not used principally for agrieu\tural purposes. 2ti. Altomeya' F .... LendO< shall be entitled to reoover its reasonable altorneya' fees and costs in any aetlon or proceeding to construe or enforce any term of this Security Instrument The term ''attorneys' fees,» whenever used in this Security Instrument, shall include wlthoUllimitauon attorneys' fees incurred by Lender In any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMITMENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DEBT ARE NOT ENFORCEABLE UNDER W ASHlNGTON LAW. Borrower accepts and agrees to the terms and covenants contained in pages 1 ent and in any Rider executed by Borrower and recorded with it. HAVEN, LLC, A WASHINGTON LIMITED LIABILITY COMPANY 4~~~~::;;;~====::::~~1) (Seal) -Borrower .Borrower BY, MARK S DONNER, SOLE DIRECTOR ____________ (So.l) (Seal) -SQIT-owcr -Borrower ____________ (Seal) (Seal) -Borrower -Borrower Witness: Witness: W ASHINGTON-Slnglc Family-Fannie MaeIFreddit Mac UNIFORM INSTRUMENf IT£M 1~ 1.01 (OOl1) (Page J 4 vf 1 S pages) Page 140[20 Form 3048 1101 _ .... - To OrcIwCal: t-8OC-888-Sl7~ 06-03·24-000008 Printed on 4/30/2007 II :31 :08 AM Document: 2006,0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20060327001139.015 KING,WA STATE OF WASHINGTON ) ) SS COUNTY OF KING ) On this 1 IfilL day of MARCH, A.D., 2006, before me, the undersigned, a Notary Public in and for the SIJlte of Washington, duly commissioned und sworn personally appeared MARK S DONNER to me known to be the SOUL DIRECTOR OF WESTCOTT HOLDINGS. INC., the Member of TIlE RESERVE AT STONEHAVEN. LLC the limited liability company that executed the within and foregOing instnunent, and acknowledged tile said instrument to be tho free and voluntary act and deed of said limited liability company for the uses and purposes therein meirtioned. S:\Action\Deborab\Loan Docs\NOT ACK-STONEHA VEN.DOC Rev. 715100 Notary Public in and for tile State of Washington Residinga! Mufrl, lyA My commission expires: m -OS" -09 Page 150[20 Printed on 4/3012007 11 :31: lOAM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: II Order: 1209039 Comment: Station Id :EGVY 20060327001139.016 KING,WA 1-4 FAMILY RIDER (Assignment of Rents) AppHc:atlolli Number 06-03.24-000008 LoenNumbet 157914070·157914427 1lilS 1-4 F AMIL Y RIDER is made this 24th day of March 2006 and is incorporated into and shall he deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Insttument'") of the same date given by the lDIdersigned (the "BOlTOWer") ID seoure Borrower's Note to STERLING SAVINGS BANK (the ''Lender'") of the same date and covering the Property descn"bed in the Security Instrument and located at: LOTS 1-36, VOLUME 233 PLATS PG 43. LOTS 1-36 THE RESERVE AT STONEHAVEN RENTON WA [Property Ad~] 1-4 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. ADDITIONAL PROPERTY SUBJECT TO TIlE SECURITY INSTRUMENT. In addition to the Property described in Security Instrument, the following items now or hereafter attached ID the Property to the extent they are fixtures are added to the Property description, and shall also constitute the Property covered by the Security Instrument: building materials, appliances and goods of every nature whatsoever now or hereafter loca1ed in, on, or used~ or intended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating. cooling, electricity, gas, water, air and light, fire prevention and extiJiguishlng apparatus, security and access control apparatus, plumbing, bath tubs, water heaters, water closets, sinks. ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, stonn windows, stonn ~, screens, bUnds, shades, curtains and curtain rods, attached mirrors, cabinets> paneling and attached floor coverings, all of which, including replacements and additions thereID, shall he deemed to be and remain a part of the Property covered by the Security Instrument. All of the foregoing together with the Property descrihed in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 1-4 Family Rider and the Security Instrument as the "Property." B. USE OF PROPERTY; COMPLIANCE WITH LAW. Borrower shall not seek, agree to or make a change in the use of the Property or its zoning classification, unless Lender has agreed in writing ID the change. Borrower shall comply with alll,ws, ordinan<:<s, regulations and requirements ofany governmental body applicable to the Property. C. SUBORDINATE LIENS. Except as permitted by federal law, BOITOwer shall not aUow any Ii .. inferior to the Seourity Instrument to he perfected against the Property without Lender's prior written pennission. D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition ID the other hazards for which insurance is requirad by Seetion 5. E. "BORROWER'S RIGHT TO REINSTATE" DELETED. Seetioo 19 is deleted. F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted. G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender alII ..... of the Property and all security deposits made in connection with leases MULTISTATE I .... FAMILY RIDER-Fn.it M.uj}1rtddie Mtl~ UNIFORM lNSTRUMENT ITEM 1NOt.1 (0411) (Page 1 of 3 pages) Page 16 0[20 Form 3170 UOI ..... ""'. To Ordereall: 1-80C)..988.6n$ Printed on 4/30/2007 II :31:12 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20060327001139.017 KING,WA oftbe Property. Upon lb. assignmen~ Lender shall have the right to modify, extend or tmminate the existing leases and to execute new leases, in Lender's sole discretion. As used in this paragrapb G, tbe word "lease" shall mean "sublease" iftbe Security Instrument is 011 a leasehold. H. ASSIGNMENT OF RENTS; APPOINTMENJ' OF RECEIVER; LENDER IN POSSESSION, Borrower absolutely and unconditionally assigns and transfers to Lender all tbe rent. and revenues C'Reots") of the Property, regardless of to whom the Rents oftbe Property are payable. Borrower authorizes Lender or Lender's agents to collect lbe Rents, and agrees tbat each tenant of the Property shall pay the Rents to Lender or Lender's agenlS. However, Borrower shall receive the Rents until (i) Lender bas given Borrower notice of defilult pursuant to Section 22 of the Security Instrument and (ii) Lender bas given notice 10 the tenant(s) that the Rents are to be paid to Lmder or Lender's agent. This assignment of Rents constitutes an absohrte assignment and not an assignment for additional security only. If Lender givea notice of default to Borrower: (i) all Rents received by Borrower shall be held by Borrower as trustee fur the benefit of Lender only, to be applied to the sums secured by the Security Instrument; (ii) Lender shall be entitled to collect and receive all of the Rents of the Property; (iii) Borrower a~ that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender'. agents upon Lender's written demand to the tenant; (iv) lIDless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied fint to the costs of taking conttol of and managing the Property and collecting the Rents, including, but not limited ~ attorney's fees, receiver's fees, premiwns on receiver's bonds, repair and maintenance costs,. insurance premiums, taxes, assessments and other charges on the Property. and then to the sums secured by the Security Instrument; (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received; and (vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and coHect the Rents and profits derived from the Property without any showing as to the inadequecy oflbe Property as security. ]f the Rents of the Property are not sufficient to cover the costs of taking control of 8Ild managing the Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Securjty InstJUment pursuant to Section 9. Borrower represents and warrants that Borrower has not executed any prior assignment of the Rents and has not perfurmed, and will not perfonn, any act that would prevent Lender from exercising ~s rights under this paregraph. Lender, or Lender's agents or ajudicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before or after giving notice of demuh to Borrower. However. Lender, or Lender's agents or a judicially appointed receiver, may do SO at any time when a demult occurs. Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of Rents of the Property shall tenninate when all the sums secured by the Security Instrument are paid in full. I. CROSS-DEFAULT PROVISION, Borrower's defilult or breach lIDder any note or agreement in which Lender has an interest shall be a breach under the Security Instrument and Lender may invoke any of the remedies penniued by the Security Instrument MULTISTATE 1-4 FAMILY RlDER-FlllllD.ie MaefFreddie Mu UNIFORM INSTRUMENT ITEM 1790L2(0411) (Page 2 of3 pages) Page 17 of20 Form 31711101 ._- To Old .. Celt 1-8oo-oo&-6T15 06-03·24-000008 Printed on 41301200711:31:14 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20060327001139.018 KlNG,WA BY SIGNING BELOW, Bonower accepts and agrees to the tenns and covenanls contained in pages 1 through 3 0 i\ '1 :fi.~EHAVEN. LLC. A WASHINGTON LJIWITED UABlUTY COIFANY MEMBER BY: MARK S DONNER, SOLE DIRECTOR ---------------.Dn,oC!:2 ---------------.~BO~~ __________ -:;;:(Seal} ·Bonowel --------------------~.~~ ------------------------.n&~ MULTISTATl. 1-4 FAMILY RmER-F.anni~ Mae/Freddie Mae UNIFORM INSTRUMENT Form. 317& 1/11 --To ower CBIt 1..a00.ee8~n~ ITEM 11DOL3 (04") (Page 3 0/3 pages) 06-03·24-000008 Page 180[20 Printed on 4/30/2007 II :31 :15 AM Document: 2006.0327001139 Brancb :GOK,User :NEWM Title Officer: II Order: 1209039 Comment: Station Id :EGVY 20060327001139.019 KING,WA ADJUSTABLE RATE LOAN RIDER Application Number 06-03-24-000008 LomN...".,., 15191407()'15191 NOTICE: TIlE SECURITY INSTRUMENT SECURES A NOTE WHICH CONTAINS A PROVISION ALLOWING FOR CHANGES IN THE INTEREST RATE. INCREASES IN TIlE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN TIlE INTEREST RATE WILL RESULT IN LOWER PAYMENTS. This Rider is made this 24th day of March 2006 , and is incorporated into and sbalI be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to Sterling Savings Bank, North 111 Wall Street, Spokane, Washington 99201 (the "Lender") of the same date (the "Note") and covering the property descdbed In the Security Instrwnent and located at LOTS 1-36 THE RESERVE AT STONEHAVEN ,RENTON ,WA In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note has an "Initial Interest Rate" of 8.250"/0. The Note Interest rate may be increased or decreased, on the first day of tbe month beginning on May 2006 and on that day of the month every one month thereafter (each, a "Change Date"), in the event of a change in the Index, to equal the Index rate plus O.75OYo (the "Index Margin"). In nO event shall the interest rate on this Note ever be less than NA % per annum, or greater that NA % per annum. Changes in the interest rate are governed by changes in an interest rate index called the "Index". The Index is the: [CHECK one of the following boxes or indicate index.] (1)* [ 1 "Contract Interest Rate, Purchase of Previously Occupied Homes, National Average for all Major Types of Lenders" Pnblished by the Federal Home Loan Bank Board (the "Contract Rate of Interest Index"). (2)* [ 1 Bank of America Reference Rate (3)* [x] Wan Street Journal Prime Rate (4)* [ 1 Other: ________________ _ [Cbeck one of the following boxes to indicate whether there is.any maximum limit On changes in the Interest Rate on each Change Date; if no box is checked there will be no maximum limit on changes.] (I) Ii<] There is no maximum limit on changes in the Interest rate at any Change Date. CARLR -ADJUSTABLE RATB LOAN RlDER-10fl -GlARM Page 19 of20 Printed on 4/30/2007 11:3 1 : 17 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20060327001139.020 • KING,WA (2) [] The Interest rate cannot be changed by more than __ % percentage points at any Change Date. If the Interest rate changes, the amount of Borrower's monthly payments will change as provided in the Note. Increases in the interest rate will result in higher payments. Decreases in the interest rate will result in lower payments. B. LOAN CHARGES It could be that the loan secured by the Security Instrument is subject to a law that sets maximum loan charges and that law is interpreted so that the interest or other loan charges collected or to be collected in connection with the loan would exceed permitted limits. If this is the case, then: (A) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (B) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. C. PRIOR LIENS If Lender determines that all or any part of the sums secured by this Security instrument are subject to a lien which has priority over this Security Instrument, Lender may send Borrower a notice identifying that lien. Borrower shall promptly act with regard to that lien as provided in paragraph 4 of the Security Instrument or shall promptly secure an agreement in a form satisfactory to Lender subordinating that lien to this Security Instrument. D. TRANSFER OF THE PROPERTY If there is a transfer of the Property subject to paragraph 18 of the Security Instrument, or subject to the Building Loan Agreement Lender may require (1) an increase in the current Note interest rate, or (2) an increase in (or removal of) the limit on the amount of anyone interest rate change (if there is a limit), or (3) an increase in the Index Margin, or (4) or any other change in loan terms or imposition of any other condition, or all of theses, as a condition to Lender's waiving the option to declare a Loan default and accelerate as provided in paragraph 18 of the Security Instrument. u~~~:wer agrees to all of the above. RsjJ,~! ~ • LLC, A WASHINGTON LIMITED LIABILITY COMPANY con HOLDINGS, INC. MEMBER BY: MARK S DONNER, SOLE DIRECTOR *If. more than one box is checked or if no box is checked, and Lender and Borrower do not otherwise agree in writing, the "Contract Rate of Interest Index" will apply .. CARLR· ADJUSTABLE RATE LOANRIDER-20fl Page 20 0[20 Printed on 4/30/2007 11:3 1 : 18 AM Document: 2006.0327001139 Branch :GOK,User :NEWM Title Officer: 11 Order: 1209039 Comment: Station Id :EGVY 20061103002208.001 KJNG,WA After Recording. return to: Fidelity Service Corporation clo Mortgage Loan Servicing III N. Wall St. Spokane, WA 99201 SUBSTITUTION OF TRUSTEE 9121/2006 Loan No. 157914112 Fidelity Service Corporation, is hereby appointed successor Trustee under that certain Deed of Trust described below: Borrower: THE RESERVE AT STONEHAVEN, LLC, A WASHINGTON LIMITED LIABILITY COMPANY Trustee: CmCAGO TITLE COMPANY BeneficiaI)': STERLING SAVINGS BANK Dated: MARCH 24, 2006 Recorded: MARCH 27, 2006 Auditor's File No.: INSTRUMENT NO 20060327001139 Filed for recording in KING County, State of WASHINGTON Date: October 5, 2006 STERLING SAVINGS BANK i State ofWashihgton ) I } ss County of Spokane ) On October 5, 2006. before me Wendie Ericson. the Wldersigned, a Notary Public in and for the state of Washington, duly commissioned and sworn. personally appeared Marie Milliken to me known to be AN AUTHORIZED SIGNER of the corporation that executed the foregoing instrument, and acknowledged the said instnnnent to be the free and voluntary act and deed of said corporation. for the uses and purposes therein mention, and on oath state that she is authorized to execute the sa;d instrument. \\\mIW, \\\\\ "'" ............... ~NDIE ~ ".1.1;. Witness my hand and official seal hereto affixed the day and year first above written. #' ~.·~,,·$S·,~·;~:?/c %. ~ ., ..... "'.. ,III·. \2 " . ( if .,~V" ~\Q~ t ~1\ Dl ftffiO ~ [" *or4"}.'~\'t-§ ~endie Ericson, Notal"YP\lbkfor Washington ;m\ -'i~ g) i a My Commission Expires: June 30, 2010 ~ ~ .. ~ iltlC ! it \.(l""; .. ~ J'i' J('>'t~-~"" ~f Page 1 of 1 ~ ~ .... :." .... "4tj~~~ ".111 • .er,~ ~~n~\\ +v. ... ~ "I'1.t~li:;::,~;'y~\-'\ Printed on 4/30/2007 I I :31 :20 AM Document: 2006.1103002208 CITY OF RENTON 1055 S. Grady Way Renton, WA 98055 I'V.NN\~ ------------------------------------------"OE~~~~~~~EtfTON Printed: 05-03-2007 Payment Made: Land Use Actions RECEIPT Permit#: LUA07-047 05/03/2007 02:50 PM Receipt Number: W~~. -~ 11l1l1 Re.Ce.Ne.O R0702023 Total Payment: Payee: THE RESERVE AT STONEHAVEN LLC Current Payment Made to the Following Items: Trans Account Code Description Amount 5022 000.345.81.00.0019 Variance Fees 100.00 Payments made for this receipt Trans Method Description Amount Payment Check 2072 100.00 Account Balances Trans Account Code Description Balance Due 3021 303.000.00.345.85 Park Mitigation Fee 5006 000.345.81.00.0002 Annexation Fees 5007 000.345.81.00.0003 Appeals/Waivers 5008 000.345.81.00.0004 Binding Site/Short Plat 5009 000.345.81.00.0006 Conditional Use Fees 5010 000.345.81.00.0007 Environmental Review 5011 000.345.81.00.0008 Prelim/Tentative Plat 5012 000.345.81.00.0009 Final Plat 5013 000.345.81.00.0010 PUD 5014 000.345.81.00.0011 Grading & Filling Fees 5015 000.345.81.00.0012 Lot Line Adjustment 5016 000.345.81.00.0013 Mobile Home Parks 5017 000.345.81.00.0014 Rezone 5018 000.345.81.00.0015 Routine Vegetation Mgmt 5019 000.345.81.00.0016 Shoreline Subst Dev 5020 000.345.81.00.0017 Site Plan Approval 5021 000.345.81.00.0018 Temp Use or Fence Review 5022 000.345.81.00.0019 Variance Fees 5024 000.345.81.00.0024 Conditional Approval Fee 5036 000.345.81.00.0005 Comprehensive Plan Amend 5909 000.341.60.00.0024 Booklets/EIS/Copies 5941 000.341.50.00.0000 Maps (Taxable) 5954 650.237.00.00.0000 Special Deposits 5955 000.05.519.90.42.1 Postage 5998 000.231.70.00.0000 Tax Remaining Balance Due: $0.00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00